On 23 August 2013 Waste Classification and Management Regulations ("the Regulations") were published under the National Environmental Management: Waste Act ("the Waste Act").

Two sets of national Norms and Standards were published at the same time – the National Norms and Standards for the Assessment of Waste for Landfill Disposal ("Assessment Norms and Standards") and the National Norms and Standards for Disposal of Waste to Landfill ("Disposal Norms and Standards").  

The Regulations and Norms and Standards mark a significant shift in the waste classification and associated management regime which came before it, under which wastes were classified and regulated with reference to the Minimum Requirements for Handling, Classification and Disposal of Hazardous Waste and for Waste Disposal by Landfill, published by the erstwhile Department of Water Affairs and Forestry.  Transitional provisions of the Regulations have the purpose of bridging the regimes.

The Regulations

The Regulations were published under section 69(1) of the Waste Act and:

• regulate classification and management of waste;
• establish a mechanism and procedure for the listing of waste management activities that do not require a waste management licence under the Waste Act;
• prescribe requirements for disposal of waste to landfill;
• set requirements and timeframes for the management of specified waste; and
• prescribe the general duties of waste generators, transporters and managers.

"Waste generators", "waste managers" and "waste transporters" are defined. The Regulations impose duties on them and stipulate when and how waste may be treated.

Waste is required to be classified in accordance with SANS 10234 and re-classified, within the timeframes specified in the Regulations.  Importantly, waste must be kept separately for the purposes of classification and must not be mixed prior to classification.  Waste may only be mixed or blended if it can be shown to enhance the potential for re-use, recycling, recovery or treatment or to reduce environmental risks of the waste.

Where the Regulations conflict with existing waste management licence conditions imposed prior to the coming into effect of the Regulations, licence holders may need to apply for exemptions from the requirements of the Regulations where the conflict cannot be resolved.

Assessment Norms and Standards

The Assessment Norms and Standards provide a "standard assessment methodology" for the assessment of waste for the purpose of disposal to landfill, including identification of chemical substances present in the waste and sampling and analysis to determine the total concentrations ("TC") and leachable concentrations ("LC") of the elements and chemical substances in the waste.  

The TC and LC limits of the chemical substances in waste are required to be compared to the threshold limits specified in the Assessment Norms and Standards for total concentration ("TCT limits") and leachable concentrations ("LCT limits"), which determines waste types (Type 0  - Type 4) for disposal to landfill.  

Disposal Norms and Standards

The Disposal Norms and Standards, among other things, specify various classes of landfill site and the types of waste, as assessed under the Assessment Norms and Standards and otherwise listed or regulated under the Regulations, which may be disposed of into the various classes of landfill site and the requirements for such disposal.  

They also impose waste disposal restrictions, including prohibitions and restrictions on the disposal of waste to landfill with reference to particular compliance timeframes.  Wastes which may not be disposed of to landfill with immediate effect are:

• waste which, in the conditions of a landfill, is explosive, corrosive or oxidising according to SANS 10234 or SANS 10228;
• waste with a pH value of <6 or >12;
• flammable waste with a closed cup flashpoint lower than 61 degrees Celsius;
• reactive waste that may react with water, air, acids or components of the waste, or that could generate unacceptable quantities of toxic gases within the landfill;
• waste compressed gases (according to SANS 10234 or SANS 10228);
• untreated Healthcare Risk Waste;
• lead acid batteries;
• whole waste tyres; and
• infectious animal carcasses and animal waste.

Longer timeframes are prescribed for other specified wastes. For example, re-usable, recoverable or recyclable used lubricating mineral oils and oil filters may not be disposed of to landfill from four years after the coming into effect of the Regulations.

It may be possible for a particular waste matter to fall within two difference categories of waste referred to in the Norms and Standards to which different requirements apply, such as differing timeframes for compliance.  Where dealing with such waste, waste generators and managers are advised to act cautiously, for example, to comply with the shorter timeframes or more stringent thresholds.

Written by Helen Dagut, Consultant, and Li-Fen Chien, Associate, Environmental Practice, Cliffe Dekker Hofmeyr