REMEDIATION OF CONTAMINATED LAND: SOUTH OF CONTAMINATED LAND: SOUTH AFRICA LEGAL PERSPECTIVE Mpho Tshitangoni Director: Land Remediation National Department of

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  • REMEDIATION OF CONTAMINATED LAND:

    SOUTH AFRICA LEGAL PERSPECTIVE

    Mpho Tshitangoni

    Director: Land Remediation

    National Department of Environmental Affairs

  • PRESENTATION OUTLINE

    Republic of South Africa

    Legislative Background

    Remediation prior to the Waste Act

    Framework for Remediation of Contaminated Land

    N&S for remediation & Soil Quality

    Remediation in terms of Part 8 of the Waste Act

    Operational Documents

    Conclusion

    1

  • MAP OF THE REPUBLIC OF SOUTH AFRICA

    2

  • REPUBLIC OF SOUTH AFRICA

    Size: a total land area around 1.2-million

    square kilometres, measures some 1 600km

    from north to south, and roughly the same

    from east to west.

    Coastline: long coastline stretching more than

    2 500 km

    Population: Estimated at 50.5 million

    Industries: Mining, Agriculture, Manufacturing,

    Steel, Petroleum

    3

  • LEGISLATIVE BACKGROUND

    ECA, 1989

    NEMA & NWA 1998

    NEMWA, 2008

    4

    FMCL,

    2010

    N&S,

    2013

    Constitution, 1996

    NWMS, 2011

  • LEGISLATIVE BACKGROUND Environment Conservation Act, 1989: RSA fist environmental focused

    law. To provide for effective protection and controlled utilization of the environment and for matters incidental thereto

    RSA Constitution Bill of Rights states that Everyone has a right to an environment that is not harmful to their health and well being

    National Environmental Management Act (NEMA) (1998)- framework legislation for environmental management

    National Water Act (NWA) (1998) Section 19 deals with the prevention and remedying effects of pollution

    National Environmental Management: Waste Act (2008) Except Section 28(7) (a), Part 8 of the Act (Sections 35 41) and Section 46 Remediation of contaminated land is a Category A listed activity for now. With enactment of Part 8 classification and remediation will follow processes outlined in the Act.

    5

  • Framework in the management of contaminated Land (2010) -provides decisionsupport measures for the management of contaminated land in South Africa, and are based on nationally consistent methods and numerical values for the assessment of contaminated land that protect human health and the environment. The framework have been presented and reviewed by a wide range of governmental, industry and civic stakeholders.

    National Waste Management Strategy (2011): Advocates a systematic and hierarchical approach in waste management, covering aspects of waste avoidance, reduction, re-use, recycling, recovery and safe disposal as a last resort.

    National Norms and Standards for the Remediation of Contaminated land and Soil Quality (2013):

    The purpose of these norms and standards is to

    (a) provide for a uniform national approach to determine the contamination status of an investigation area;

    (b) limit uncertainties about the most appropriate criteria and method to apply in the assessment of contaminated land; and

    (c) provide minimum standards for assessing necessary environmental protection measures for remediation activities.

    6

    LEGISLATIVE BACKGROUND CONT.

  • REMEDIATION PRIOR THE WASTE ACT

    Mainly voluntary applications by polluters

    Remediation of contaminated was informed by a need to protect water resources

    Directives issued by the Department of Water Affairs

    Private affair between the Regulator and Polluter

    Set authorization requirements and conditions

    7

  • FRAMEWORK FOR REMEDIATION OF CONTAMINATED LAND

    The Framework consists of the following components:

    Protocol for Site Risk Assessment

    Reporting Norms and Standards for Contaminated Land

    The Derivation and Use of Soil Screening Values

    Application of Site Specific Risk Assessment

    Quality Control and Quality Assurance of Field Sampling and Laboratory Analysis

    Based on source-pathway-receptor model (but not linked)

    1 km radius for ground water users, but also covers off site contamination

    8

  • NORMS & STANDARDS FOR REMEDIATION AND SOIL QUALITY

    These norms and standards must be used for the screening of a site after

    a site assessment report is required as a result of declaration of an

    investigation area as contemplated in section 36 of the National

    Environmental Management Act, 2008 (Act No. 59 of 2008)

    Has Table 1 (Soil Screening Values for Metals and Organics) and 2

    (Soil Screening Values for Anions)

    Where a contaminant is not listed in Table 1 or Table 2, values which are

    scientifically validated for the contaminants of interest may be used

    The Soil Screening Values in Table 1 and Table 2 must not be seen as

    I. absolute minimum values; or

    II. default remediation values.

    9

  • REMEDIATION IN TERMS OF THE PART 8 OF THE WASTE ACT

    Identifies the status and risk of contaminated sites and provides a legal mechanism for remediation activities to be instigated and controlled

    The Minister may declare investigation areas- where high risk activities have been undertaken or suspected

    Development of contaminated land register

    Linked to Polluter Pays principle

    The site owner will be ordered to undertake a site assessment

    Where contaminated occurred- remediate at own cost

    Government will need to remediate contaminated land in areas where the polluter cannot be traced - Funding might be challenge

    10

  • OPERATIONAL DOCUMENT

    SOP with DWA on remediation

    Guidelines (Dummy and Authorities)

    11

  • CONCLUSION

    SA has successfully promulgated legislation to deal

    with remediation of contaminated land

    Polluters will have to remediate at own cost

    Legislation provides a system for identification,

    assessment and remediation of contaminated land

    Promote transparency in remediation

    12

  • NDO LIVHUWA

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