Waste By-laws
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Waste By-laws


The Municipal Manager of the City of Johannesburg Metropolitan Municipality hereby, in terms of Section 13(a) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), publishes the Waste Management By-laws for the City of Johannesburg Metropolitan Municipality, as approved by its Council, as set out hereunder, or view in PDF format. Please click here to view Waste Management By-Laws 2011 in PDF Format

CITY OF JOHANNESBURG
METROPOLITAN MUNICIPALITY WASTE MANAGEMENT BY-LAWS


CHAPTER 1
INTERPRETATION, PRINCIPLES AND OBJECTS
Definitions and interpretation
1. (1) In these By-laws, unless the context otherwise indicates-
“approved”, in relation to bins, bin liners, containers, receptacles and wrappers means approved by the Council for the collection and storage of waste;
“authorised official” means any official of the Council who has been authorised by the Council to administer, implement and enforce the provisions of these By-laws;
“bin” means an approved receptacle for the storage of less than 1,5 cubic metres of waste which may be supplied by the Council to premises in terms of these By-laws;
“bin liner” means an approved loose plastic or other suitable material liner for use in the interior of a bin;
“building waste” means all waste produced during the construction, alteration, repair or demolition of any structure, and includes building rubble, earth, vegetation and rock displaced during such construction, alteration, repair or demolition;
“bulky waste” means business waste or domestic waste which by virtue of its mass, shape, size or quantity is inconvenient to remove in the routine door-to-door municipal service provided by the Council;
“business waste” means waste, other than hazardous waste, healthcare risk waste, building waste, industrial waste, garden waste, bulky waste, recyclable waste and special industrial waste, generated on premises used for non-residential purposes;
“city manager” means the municipal manager appointed in terms of section 82(1)(a) of the Structures Act;
“commercial service” means any service, excluding the municipal service, relating or connected with accumulating, collecting, managing, recycling, sorting, storing, treating, transporting, disposing, buying or selling of waste or any other manner of handling waste;
“container” means an approved receptacle with a capacity greater than 1,5 cubic metres for the temporary storage of waste in terms of these By-laws;
“Council” means -
a) the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended, exercising its legislative and executive authority through its Municipal Council; or

b) its successor in title; or

c) a structure or person exercising a delegated power or carrying out an instruction, where any power in these by-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); or

d) except for the purposes of Chapters 6 and 8, a service provider fulfilling a responsibility under these By-laws, assigned to it in terms of section 81(2) of the Systems Act, 2000, or any other law;


as the case may be;
“damage to the environment” means any pollution, degradation or harm to the environment whether visible or not;
“dailies” means putrescible waste generated by hotels, restaurants, food shops, hospitals, and canteens that must be collected on a daily basis, to prevent the waste from decomposing and presenting a nuisance or an environmental or health risk;
“designated officer” means a person in the employ of the Council authorised to be a designated officer in terms of section 22 of the Gauteng Rationalisation Act;
“domestic waste” means waste generated on premises used solely for residential purposes and purposes of public worship, including halls or other buildings used for religious purposes, but does not include business waste, building waste, garden waste or bulky waste;
“dump” means placing waste anywhere other than an approved receptacle or a place designated as a waste handling facility or waste disposal facility by the Council;
“environment” means the surroundings within which humans exist made up of–
(a) the land, water and atmosphere of the earth,

(b) micro-organisms, plant and animal life,

(c) any part or combination of (a) and (b) and the interrelationships among and between them, and

(d) the physical, chemical aesthetic and cultural properties and conditions of the foregoing that influence human health and well-being;


“environmental emergency” means any unexpected or sudden occurrence resulting from any act or omission relating to waste which may cause or has caused serious harm to human health or damage to the environment, regardless of whether the potential for harm or damage is immediate or delayed;
“garden service” means the provision of gardening services by a licensee including the cutting of grass, pruning of trees or any other horticultural activity including landscaping, in respect of any domestic, business, commercial or industrial premises;
“garden waste” means waste generated as a result of normal domestic gardening activities, including grass cuttings, leaves, plants, flowers and other similar small and light organic matter, but does not include tree branches with a diameter thicker than 40 mm at any point of its length, bulky waste, building waste or any waste generated as a result of garden service activities;
“garden waste handling facility” means a waste handling facility in or on which garden waste or any other recyclable waste is received and temporarily stored ;
“Gauteng Rationalisation Act” means the Gauteng Rationalisation of Local Government Affairs Act, 1998 (Act No. 10 of 1998);
“hazardous waste” means waste containing, or contaminated by, poison, any corrosive agent, any flammable substance having an open flash-point of less than 90 deg C, an explosive, radioactive material, any chemical or any other waste that has the potential even in low concentrations to have a significant adverse effect on public health or the environment because of its inherent toxicological, chemical and physical characteristics;
“health care risk waste” means all hazardous waste generated at any health care facility such as a hospital, clinic, laboratory, medical research institution, dental or medical practitioner or veterinarian;
“industrial waste” means waste generated as a result of manufacturing, maintenance, fabricating, processing or dismantling activities, but does not include building waste, business waste, dailies, special industrial waste, hazardous waste, health care risk waste or domestic waste;
“Johannesburg Metropolitan Police Department” means the Department established under General Notice No. 1893 published in the Gauteng Provincial Gazette Extraordinary of 26 March 2001;
“land reclamation” means the planned and engineered disposal of inert or other appropriate waste for the purpose of constructing any facility or changing the natural features of any piece of land;
“level of service” means the frequency of the municipal service and the type of service point;
“licensee” means any person who has obtained a licence in terms of Chapter 6;
“litter” means any object or matter which is discarded by a person in any place except in an approved receptacle provided for that purpose or at a waste handling facility or waste disposal facility;
“local community” in relation to the Council means that body of persons comprising-
(a) the residents in the municipal area,

(b) the ratepayers of the Council,

(c) any civic organisation and non-governmental, private sector or labour organisation or body which is involved in local affairs within the municipal area, and

(d) visitors and other people residing outside of the municipal area who, because of their presence in that area, make use of services or facilities provided by the Council;


“municipal service” means the municipal service relating to the collection of waste, including domestic waste, business waste and dailies, provided exclusively by the Council in accordance with Chapter 3 of these By-laws, and which in the case of business waste extends only to waste deposited in bin liners, bins and 240 litre wheeled bins;
“nuisance” means any injury, harm, damage, inconvenience or annoyance to any person which is caused in any way whatsoever by the improper handling or management of waste, including but not limited to, the storage, placement, collection, transport or disposal of waste, or by littering;
“occupier” includes any person in actual occupation of land or premises without regard to the title under which he or she occupies, and, in the case of premises let, includes the person receiving the rent payable by the lodgers or tenants whether for his own account or as an agent for any person entitled thereto or interested therein;
“owner” includes any person who has the title to land or premises or any person receiving the rent or profits of land or premises, or who would receive such rent or profits if such land or premises were let, whether for his own account or as an agent for any person entitled thereto or interested therein and in relation to premises on a sectional title register opened in terms of section 12 of the Sectional Titles Act, 1986 (Act No. 95 of 1986), means the body corporate as defined in that Act;
“pollution” means any change in the environment caused by –
(a) any substance; or

(b) noise, odour, dust or heat, emitted from any activity, including the storage or treatment of any waste or substance, construction and the provision of any service, whether engaged in by any person or an organ of state;


if that change has an adverse effect on human health or well-being or on the composition, resilience and productivity of a natural or managed ecosystem, or on material useful to people, or will have such an effect in the future;
“premises” means an erf or any other portion of land, including any building thereon or any other structure utilised for business, industrial, agricultural or residential purposes;
“prescribed fee” means a fee determined by the Council by resolution in terms of section 10G(7)(a)(ii) of the Local Government Transition Act, 1993 (Act No. 209 of 1993), or any other applicable legislation;
“public place” includes any public building, public road, overhead bridge, subway, foot pavement, footpath, sidewalk, lane, square, open space, garden, park or enclosed space, vested in the Council, and any road, place or thoroughfare however created which is in the undisturbed use of the public or which the public has the right to use or the right to access;
“public road” means any road, street or thoroughfare or any other place, whether a thoroughfare or not, which is commonly used by the public or any section thereof or to which the public or any section thereof has a right of access and includes –
(a) the verge of any such road, street or thoroughfare;

(b) any bridge or drift traversed by any such road, street or thoroughfare; and

(c) any other work or object forming part of or connected with or belonging to such road, street or thoroughfare;


“radioactive material” means any substance consisting of, or containing, any radioactive nuclide, whether natural or artificial;
“radioactive waste” means any radioactive material which is, or is intended to be, disposed of as waste;
“recyclable waste” means waste which has been separated from the waste stream, and set aside for purposes of recycling;
“recycling” means the use, re-use or reclamation of material so that it re-enters an industrial process rather than becoming waste;
"resident", in relation to the municipal area, means a person who is ordinarily resident within that area;
“SANS Codes” means the South African National Standards Codes of Practice or the South African Bureau of Standards Codes of Practice as contemplated in Government Notice No. 1373 published in Government Gazette 24002, dated 8 November 2002 in terms of the Standards Act, 1993 (Act No. 29 of 1993);
“special industrial waste” means waste consisting of a liquid, sludge or solid substance, resulting from a manufacturing process, industrial treatment or the pre-treatment for disposal purposes of any industrial or mining liquid waste;
“storage” means the storage of waste for a period of less than 90 days;
“Structures Act” means the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
“sustainable development” means the integration of social, economic and environmental factors into planning, implementation and decision-making so as to procure that development serves present and future generations;
“Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
“target” means any desired air quality, water quality or waste standard contained in any legislation;
“verge” means a verge as defined in the National Road Traffic Act, 1996 (Act No. 93 of 1996);
“waste” means any undesirable or superfluous matter, material, by-product or residue of any process or activity that has been discarded, accumulated or stored for the purpose of treatment, discarding or recycling and may be liquid or solid, may include products that contain a gaseous component and may originate from domestic, commercial, medical or industrial activities, but does not include any gas or gaseous product which may be regulated by national or Gauteng provincial legislation;
“waste disposal facility” means any facility or site which receives waste for treatment or disposal thereof, and which is operated in terms of a permit obtained from the National Department of Water Affairs and Forestry or any other competent authority or if such a facility is an incinerator, subject to registration or such permission as is required by law, and includes a garden waste handling facility;
“waste generator” means any person who generates or produces waste;
“waste handling facility” means any facility on or in which waste is accepted, accumulated, handled, recycled, sorted, stored or treated prior to its transfer for treatment by way of incineration or for final disposal;
“waste stream” means a type of waste, including building waste; business waste; bulky waste; dailies; domestic waste; garden waste; hazardous waste; health care risk waste; industrial waste; recyclable waste and special industrial waste;
“workplace” means any place within the municipal area on or in which or in connection with which, a person undertakes the municipal service or a commercial service;
“wrapper” means a plastic or other approved material covering that totally encloses bales or slugs of compacted waste.
(2) If any provision in these By-laws vests or imposes any power, function or duty of the Council in or on an employee of the Council and such power, function or duty has in terms of section 81(2) of the Systems Act, or any other law, been assigned to a service provider, the reference in such provision to such employee must be read as a reference to the service provider or, where applicable, an employee of the service provider authorised by it.
Principles
2. (1) The Council has the responsibility to ensure that all waste generated within the municipal area is.
(a) collected, disposed of or recycled in accordance with these By-laws; and

(b) that such collection, disposal or recycling takes account of the waste management hierarchy set out in subsection (2).


(2) The underlying principle of these By-laws is to establish a waste management hierarchy in the following order of priority:

(a) Avoidance, waste minimisation and waste reduction;

(b) re-use;

(c) recycling, reprocessing and treatment; and

(d) disposal.


(3) Any authorised official must, as far as reasonably possible, take into account the hierarchy specified in subsection (2).


Main objects
3. (1) The main objects of these By-laws are.
(a) the regulation of the collection, disposal, treatment and recycling of waste;

(b) the regulation of the provision of the municipal service by a service provider and commercial services by licensees; and

(c) enhancing sustainable development.


(2) In pursuing the main objects of these By-laws, and in particular the object set out in subsection (1)(c), the Council must-
(a) endeavour to minimise the consumption of natural resources;

(b) promote the re-use and recycling of waste;

(c) encourage waste separation to facilitate re-use and recycling;

(d) promote the effective resourcing, planning and delivery of the municipal service and commercial services;

(e) endeavour to achieve integrated waste planning and services on a local basis;

(f) promote and ensure an environmentally responsible municipal service and commercial service; and

(g) endeavour to ensure compliance with the provisions of these By-laws.


CHAPTER 2
WASTE MANAGEMENT INFORMATION SYSTEM
Establishment of an information system
4. (1) The Council must establish and maintain a waste management information system which records how waste is managed within the municipal area.
(2) The information system may include any information relating to or connected with the management of waste within the municipal area.
Purpose of the information system
5. (1) The purpose of the information system referred to in section 4, is for the Council to-
(a) record data relating to the implementation of the local waste plan and the management of waste in the municipal area;

(b) record information held by the Council in relation to any of the matters referred to in section 6(1);

(c) furnish information upon request or as required by law to the Gauteng provincial or national government;

(d) gather information and undertake strategic planning regarding potential and actual waste generators, service providers and licensees; and

(e) provide information to waste generators, service providers, licensees and the local community in order to –

(i) facilitate monitoring of the performance of the Council, service providers and licensees, and, where applicable, waste generators;

(ii) stimulate research; and

(iii) assist the Council to achieve the main objects of these By-laws specified in section 3.

Provision of information
6. (1) The Council may, subject to the provisions of any other law including the common law, require any waste generator, licensee, service provider or person involved in or associated with the provision of the municipal service or any commercial service within the municipal area to furnish information to the Council which may reasonably be required for the information system, and which may concern-
(a) significant sources of waste generation and the identification of the generators of waste;

(b) quantities and classes of waste generated;

(c) management of waste by waste generators;

(d) waste handling, waste treatment and waste disposal facilities;

(e) population and development profiles;

(f) reports on progress in achieving waste management targets;

(g) the management of radioactive waste;

(h) any information which has been compiled in accordance with section 27(2)(d);

(i) markets for waste by class of waste or category; and

(j) any other information required by legislation, regulations or guidelines.


(2) The Council may determine when and how often information must be furnished.

Chapter 3



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