05 Sep 2016

Have You Met the Waste Classification and Management Regulations Deadlines?

by Siya Mkhize, Partner, Durban,
Practice Area(s): Clean Energy |

Tuesday, 23 August 2016 was the deadline for waste generators to classify their waste* according to SANS 10234: Globally Harmonized System of Classification and Labelling of Chemicals.

This deadline applied only to waste streams classified in terms of the Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste (2nd Edition, 1998; DWAF) before 23 August 2013.  The deadline for wastes not previously classified was 23 February 2015.

Other deadlines (with exceptions):

  • Correct labelling of containers
  • Up to date records
  • Waste manifest system
  • Safety data sheets   (if previously classified) or (if not previously classified)
  • Reclassification of waste
  • Classification of new wastes

And if your waste is disposed of to landfill…

  • Have you had your waste assessed  by a SANAS accredited laboratory in terms of the
  • Are you certain that your waste is going to an authorised and correct class of landfill site and that disposal is being done in

Consequences of not complying:

  • Criminal prosecution with fines of up to R 10 million and and/or 10 years imprisonment
  • Compliance notice compelling you to take certain steps
  • Refusal by waste transporters to collect waste
  • Refusal by waste managers to accept waste at recycling or treatment facilities or landfill sites

 

* Wastes that do not require classification or assessment:

General waste-

(i)        Domestic waste;

(ii)       Business waste not containing hazardous waste or hazardous chemicals;

(iii)      Non-infectious animal carcasses;

(iv)      Garden waste;

(v)       Waste packaging;

(vi)      Waste tyres;

(vii)     Building and demolition waste not containing hazardous waste or hazardous chemicals; and

(viii)    Excavated earth material not containing hazardous waste or hazardous chemicals.

Hazardous waste-

(i)        Waste Products:

  • Asbestos Waste;
  • PCB waste or PCB containing waste (> 50 mg/kg or 50 ppm); and
  • Expired, spoilt or unusable hazardous products.

(ii)       Mixed Waste:

  • General waste, excluding domestic waste, which contains hazardous waste or hazardous chemicals; and
  • Mixed, hazardous chemical wastes from analytical laboratories and laboratories from academic institutions in containers less than 100 litres.

(iii)      Other:

Health Care Risk Waste (HCRW).