CHAPTER 3 MUNICIPAL SERVICE Part 1 : Providing access to municipal services Duty to provide access to municipal service 7. (1) The Council has a duty to the local community progressively to ensure efficient, affordable, economical and sustainable access to the municipal service. (2) The duty referred to in subsection (1) is subject to – (a) the obligation of the members of the local community to pay the prescribed fee, for the provision of the municipal service, which must be in accordance with any nationally prescribed norms and standards for rates and tariffs; and (b) the right of the Council to differentiate between categories of users and geographical areas when setting service standards and levels of service for the provision of the municipal service. (3) The Council must take the following factors into account in ensuring access to the municipal service: (a) The waste management hierarchy set out in section 2(2); (b) the need to use resources efficiently; (c) the need for affordability; (d) the requirements of operational efficiency; (e) the requirements of equity; and (f) the need to protect human health and the environment. The provision of the municipal service 8. (1) The Council must as far as reasonably possible and subject to the provisions of these By-laws, provide for the collection of domestic waste, business waste and dailies on a regular basis and at a cost to end users determined in accordance with the prescribed fee. (2) In relation to the municipal service, the Council may determine- (a) the quantities of waste that will be collected; (b) which residential or commercial premises require an increased frequency of the municipal service for reasons of health, safety or environmental protection; (c) the maximum amount of waste that may be placed for collection without the provision of an additional service or payment of an additional prescribed fee; and (d) requirements for the provision of waste storage areas and access to such areas in respect of premises which are constructed or reconstructed after the commencement of these By-laws. (3) The Council may provide, or instruct a generator of waste to provide, an approved receptacle for the storage of domestic waste, business waste and dailies pending collection or the Council may provide such receptacle which remains the property of the Council. (4) In providing the municipal service, the Council may determine or designate- (a) collection schedules; (b) locations for placing approved receptacles for collection; (c) which types of waste generated by the occupier of any premises are separable for the purposes of recycling and the conditions for their separation, storage or collection; and (d) which waste items are unsuitable for collection because they do not constitute domestic waste, and if waste is determined to be unsuitable for collection, a process for collection of such waste should be recommended to the owner of the waste. (5) The Council may require a generator of dailies or business waste to compact that portion of the waste that is compactable, if the quantity of dailies or business waste generated on premises requires daily removal of more than the equivalent of eight 240-litre bins and if, in the opinion of the Council, the major portion of such waste is compactable. (6) An occupier of premises may elect to compact any volume of waste referred to in subsection (5), and place it into an approved receptacle or wrapper, provided- (a) the capacity of the wrapper does not exceed 85 litres and the mass of the wrapper and contents does not exceed 35 kilograms; and (b) after the waste has been compacted and put into the wrapper, it is placed in an approved receptacle and stored so as to prevent damage to the wrapper or any nuisance arising until it is collected. (7) Any approved receptacle used in terms of subsection (6) may be collected, emptied and returned to the premises by the Council at such intervals as it may consider necessary. (8) The Council may at any time review any decision taken by it in terms of subsection (4). (9) The Council must in writing notify every generator of domestic waste, business waste and dailies of any decision taken in terms of subsection (2) or (3) relating to his or her premises. (10) Non-receipt of a notice contemplated in subsection (9), does not affect the application of any provision of these By-laws nor the liability to pay any prescribed fee provided for in these By-laws. Part 2: Using municipal service Obligations of generators of domestic waste, business waste and dailies 9. (1) Any person generating domestic waste, business waste and dailies, other than waste which has been designated by the Council as recyclable as contemplated in section 8(4)(c), must place such waste, in an approved receptacle. (2) No person may allow an animal in his or her control to interfere with, overturn or damage a receptacle, which has been placed for collection. (3) The occupier of premises must ensure that - (a) no hot ash, unwrapped glass or other domestic waste, business waste or dailies which may cause damage to approved receptacles or which may cause injury to the Council’s employees while carrying out their duties in terms of these By-laws, is placed in an approved receptacle before suitable steps have been taken to avoid such damage or injury; (b) no material, including any liquid, which by reason of its mass or other characteristics is likely to render an approved receptacle unreasonably difficult for employees of the Council to handle or carry, is placed in an approved receptacle; (c) every approved receptacle on the premises is kept closed save when waste is being deposited in it or discharged from it, and every approved receptacle is kept in a clean and hygienic condition; (d) no approved receptacle delivered by the Council is used for any purpose other than the storage of domestic waste, business waste and dailies and, in particular, that no fire is lit in such receptacle; (e) an approved receptacle is placed outside the entrance to the premises before a time and on a day of the week specified by the Council by written notice to the owner or occupier of the premises, except where, on written application to the Council, the Council has indicated in writing that it is satisfied that a person is physically infirm or otherwise incapable of complying with the notice; (f) an approved receptacle, placed in accordance with paragraph (e) is not damaged and properly closed so as to prevent the dispersal of its contents; and (g) dailies are not placed in a receptacle or compactor where they are able to contaminate another waste stream. (4) The owner or occupier of premises must provide space and any other facility considered necessary by the Council on the premises for the storage of approved receptacles. (5) The space provided in terms of subsection (4), must - (a) be in a position on the premises which will allow the storage of any approved receptacle without it being visible from a public road or public place; (b) if dailies are generated on premises - (i) be in a position which will allow the collection and removal of that waste by the Council’s employees without hindrance; and (ii) not be more than 20 metres from the entrance to the premises used for the collection of waste by the Council; (c) be so located as to permit convenient access to and egress from such space for the Council’s waste collection vehicles; (d) comply with any further requirements imposed by the Council by written notice to the owner or occupier of the premises; and (e) be constructed in accordance with the requirements of any applicable legislation relating to buildings. (6) The occupier of premises must place or cause the approved receptacles to be placed in the space provided in terms of subsection (4) and must at all times keep them there. (7) Notwithstanding the provisions of subsection (6)- (a) in the case of a building erected, or a building, the building plans of which have been approved, prior to the commencement of these By-laws; or (b) in the event of the Council being unable to collect and remove waste from the space provided in terms of subsection (4), the Council may, having regard to the avoidance of a nuisance and the convenience of collection of waste, indicate a position within or outside the premises concerned where approved receptacles must be placed for the collection and removal of waste and such receptacles must then be placed in that position at such times and for such period as the Council may require. Liability to pay for municipal service 10. (1) The owner of premises is liable to pay to the Council the prescribed fee for the provision of the municipal service, and is not entitled to exemption from, or reduction of the amount of such fee by reason of not making use, or of making a partial or limited use, of the municipal service. (2)(a) A prescribed fee becomes due and payable on the due date for payment stipulated in the account. (b) Non-receipt of an account does not relieve the person concerned of the liability to pay a prescribed fee before or on the due date. CHAPTER 4 COMMERCIAL SERVICES Part 1: Provision of commercial services by licensees and flow control Provision of commercial services by licensees 11. (1) Except in the case of garden waste, only a licensee may provide a commercial service. (2) Any person requiring a commercial service must satisfy himself that the contractor is licensed to collect and dispose of the category of waste that has been generated. Provision for Council co-ordination of waste disposal 12. (1) The Council may by a notice published in the Gauteng Provincial Gazette, direct that a category of waste be disposed of at a particular waste disposal facility or waste handling facility. (2) No person may dispose of a category of waste at a waste disposal facility or waste handling facility which is not designated for receipt of that category of waste in a notice in terms of subsection (1) or designated by the Council under other empowering legislation prior to the commencement of these By-laws. Part 2: Business, industrial and recyclable waste Storage of business, industrial and recyclable waste 13. (1) The owner or occupier of premises on which business, industrial or recyclable waste is generated, must ensure that until such time as such waste is collected by a licensee from the premises on which it was generated- (a) the waste is stored in a bulk container or other approved receptacle; and (b) no nuisance or health risk, including but not limited to dust, is caused by the waste in the course of generation, storage or collection. Collection and disposal of industrial, business and recyclable waste 14. (1) The owner or occupier of premises generating business, industrial or recyclable waste must ensure that- (a) the container in which the waste is stored, is not kept in a public place except when so required for collection; (b) the waste is collected by a licensee within a reasonable time after the generation thereof; and (c) that the service rendered by the licensee is only in respect of that portion of the business, industrial or recyclable waste authorised in the licence concerned. (2) A licensee must dispose of business, industrial and recyclable waste at an appropriately permitted waste handling facility or waste disposal facility in compliance with the provisions of section 12(2) and 23. Part 3: Garden waste and bulky waste Storage, collection and disposal of garden waste and bulky waste 15. (1) The owner or occupier of premises on which garden waste is generated may compost garden waste on the property, provided such composting does not cause a nuisance or health risk. (2) The occupier of the premises on which garden waste is generated and not composted or on which bulky waste is generated must ensure that such waste is collected and disposed within a reasonable time after the generation thereof. (3) Any person or licensee may remove garden waste and bulky waste, provided once such waste has been collected from the premises on which it was generated, it is deposited at a garden waste handling facility in accordance with the provisions of section 23. (4) (a) At the written request of the occupier of premises, the Council may deliver an approved receptacle to the premises for the purpose of storing garden waste in addition to any approved receptacle delivered to the premises for the storage of domestic waste. (b)The provisions of section 9, read with the necessary changes, apply to an approved receptacle delivered in terms of paragraph (a). (5) If, in the course of providing the municipal service, the Council is of the opinion that it would cause inconvenience to members of the public not, at the same time, to remove garden and bulky waste, the Council may remove such waste if such waste has been placed in an approved receptacle in the space designated for domestic waste, in which event the prescribed fee for domestic waste, read with the necessary changes, applies. Part 4: Building waste Generation of building waste 16. (1) The owner or occupier of premises on which building waste is generated, must ensure that – (a) until disposal, all building waste, together with the containers used for the storage, collection or disposal thereof, is kept on the premises on which the waste was generated; (b) the premises on which the building waste is generated, does not become unsightly or cause a nuisance as a result of accumulated building waste; (c) any building waste which is blown off the premises, is promptly retrieved; and (d) pursuant to any instruction from the Council, any structure necessary to contain the building waste is constructed. Storage of building waste 17. (1) The Council may, subject to the provisions of subsection (2), determine conditions to place a receptacle for the storage and removal of building waste on a verge. (2) Every receptacle used for the storage and removal of building waste must - (a) have clearly marked on it the name, address and telephone number of the person in control of that receptacle; (b) be fitted with reflecting chevrons or reflectors which must completely outline the front and the back thereof; and (c) be covered at all times other than when actually receiving, or being emptied of, waste so that no displacement of its contents can occur. Collection and disposal of building waste 18. (1) The owner or occupier of premises on which building waste is generated, must ensure that the waste is disposed of by a licensee. (2) All building waste must be disposed at a waste disposal facility designated for that purpose by the Council in terms of section 12, unless the Council has given written consent for the building waste to be used for the purpose of land reclamation or for recycling. Part 5: Special industrial, hazardous or health care risk waste Generation of special industrial, hazardous or health care risk waste 19. (1) No person may carry on an activity which will generate special industrial, hazardous or health care risk waste, without notifying the Council in writing, prior to the generation of such waste, of the composition of such waste, the estimated quantity to be generated, the method of storage, the proposed duration of storage, the manner in which it will be collected and disposed of, and the identity of the licensee who will remove such waste: Provided that if such waste is being generated as a result of activities which commenced prior to the commencement of these By-laws, the generator must notify the Council as contemplated in this subsection within 180 days of the commencement of these By-laws. (2) If so required by the Council, the notification referred to in subsection (1) must be substantiated by an analysis of the composition of the waste concerned, certified by an appropriately qualified industrial chemist. (3) The person referred to in subsection (1), must notify the Council in writing of any change occurring with respect to the generation, composition, quantity, method or location of disposal of the special industrial, hazardous, or health care risk waste. Storage of special industrial, hazardous or health care risk waste 20. (1) Any person carrying on an activity which generates special industrial, hazardous or health care risk waste, must ensure that such waste generated on the premises is kept and stored thereon until it is collected from the premises. (2) Special industrial, hazardous or health care risk waste stored on premises, must be stored in such a manner that it does not become a nuisance or causes harm to human health or damage to the environment, and in accordance with the requirements of any applicable legislation relating to buildings. (3) Special industrial, hazardous or health care risk waste must be stored in an approved receptacle and for a period not exceeding 90 days or any other maximum period stipulated by the Department of Water and Environmental Affairs, Gauteng provincial government or Council, before collection. Collection and disposal of special industrial, hazardous or health care risk waste 21. (1) Only a licensee may transport special industrial, hazardous and health care risk waste and must do so in accordance with the requirements of the conditions of the licence issued to him or her under Chapter 6 as well as in the relevant SANS codes, in respect of the type of vehicle, the markings and manner of construction of such vehicle, procedures for safety and cleanliness, and documentation relating to the source, transportation and disposal of such waste, and subject to the requirements of any other legislation. (2) A licensee licensed to collect and dispose of special industrial, hazardous or health care risk waste, must inform the Council at intervals stipulated in the licence issued under Chapter 6, of each removal of special industrial, hazardous or health care risk waste, the date of such removal, the quantity, the composition of the waste removed and the waste disposal facility at which the waste has been disposed of. (3) A licensee must dispose of special industrial, hazardous or health care risk waste at a waste disposal facility designated by the Council as a waste disposal facility and in accordance with the provisions of section 23. CHAPTER 5 TRANSPORTATION AND DISPOSAL OF WASTE Transportation of waste 22.(1) No person may- (a) operate a vehicle for the conveyance of waste upon a public road unless the vehicle has a body of adequate size and construction for the type of waste being transported; (b) fail to maintain a vehicle used for the conveyance of waste in a clean, sanitary and roadworthy condition at all times; (c) fail to cover loose waste on an open vehicle with a tarpaulin or suitable net; and (d) cause or permit any waste being transported in or through the municipal area to become detached, leak or fall from a vehicle transporting it, except at a waste disposal facility. (2) Subject to the provisions of subsection (1), all transportation of waste must comply with the National Road Traffic Act, 1996 (Act No. 93 of 1996). Disposal of waste 23. (1) (a) Waste generated in the municipal area must be disposed of at a waste disposal facility where such disposal is permitted by the Council. (b) In disposing of waste, a licensee must comply with the provisions of section 12(2) and with the provisions of any other law regulating the disposal of waste. (2) No person may burn waste either in a public or private place, for the purpose of disposing of that waste. (3) No person may incinerate waste either in a public or private place, except in an incinerator at a place where the relevant national or Gauteng provincial authorities permit such incineration, or at a place designated by the Council for that purpose. (4) Notwithstanding the provisions of subsection (1), a person may dispose of those forms of recyclable waste specified by the Council in a notice in terms of section 12 at a designated garden waste handling facility, but may do so only if all such waste is brought to the facility in a vehicle able to carry a maximum load of one tonne or less. (5) The disposal of waste at any waste disposal facility is, in addition to any condition imposed by the National Department of Water Affairs and Forestry, subject to such conditions as the Council may impose, including the hours of opening and closing, the nature of the waste which may be disposed of, the position in any such waste disposal facility in which the waste may be placed and any other matter which the Council considers necessary to ensure the environmentally sound management of waste. (6) Every person who enters a waste disposal facility must - (a) enter a waste disposal facility at an access point determined by the person in charge of the waste disposal facility; (b) at the request of the person in charge of a waste disposal facility, provide the Council or that person with any information regarding the composition of the waste disposed of or to be disposed of; and (c) comply with any instruction by the person in charge of a waste disposal facility in regard to access to, the actual place where, and the manner in which, waste must be deposited. (7) No person may- (a) bring any liquor or intoxicating or narcotic substance onto a waste disposal facility or enter such facility under the influence of liquor or such substance; (b) enter a waste disposal facility for any purpose other than the disposal of waste in terms of these By-laws, unless authorised to do so by the person in charge of the waste disposal facility or the Council and then only at such times and subject to such conditions as the Council or such person may impose; (c) dispose of waste at a waste disposal facility where the disposal of the waste concerned is not permitted; or (d) light a fire on a waste disposal facility without the prior written consent of the person in charge of that facility. (8) Any person who contravenes subsection (7)(c) is liable for all costs reasonably incurred by the Council in removing or otherwise dealing with the waste concerned. (9) The person in charge of a waste disposal facility may at any time require a vehicle or a container on a vehicle brought into the waste disposal facility for the purposes of disposing of waste, to be weighed at a weighbridge. (10) The person in charge of a waste disposal facility or an authorised official may, at a waste disposal facility, inspect the content and nature of waste to be disposed of or processed and may take samples and test any waste found on any vehicle to ascertain its composition. (11) Any person contravening any preceding provision of this section, may be refused entry or instructed by the person in charge to leave a waste disposal facility and if such person fails or refuses to comply with such instruction, he or she may be removed from such facility by a member of the Johannesburg Metropolitan Police Department. (12) No person may store waste for more than 90 consecutive days, unless the person has a permit in respect of the premises concerned for a waste disposal facility from the Department of Water and Environmental Affairs in terms of section 20(1) of the Environment Conservation Act, 1989 (Act No. 73 of 1989). CHAPTER 6 LICENSEES Licence requirements 24. (1) Subject to the provisions of section 32, no person may collect or transport any of the following waste streams listed in subsection (2) without having obtained from the Council, and being in possession of a licence authorising such collection and transportation: (a) business (bulk containerised) waste; (b) industrial waste; (c) special industrial waste; (d) hazardous waste; (e) recyclable waste (f) health care risk waste; and (g) building waste. (2) A licence issued under this Chapter - (a) is incapable of cession or assignment without the prior written consent of the Council; (b) is valid only for the category of waste specified therein; and (c) expires one year after the date of issue subject to the provisions of sections 28(4) and 32(2). Licence applications 25. (1) An application for a licence to provide a commercial service must be (a) made in writing on a form prescribed by the Council and accompanied by the documentation specified in that form; and (b) accompanied by the prescribed fee. (2) The Council must consider each application, having regard to the following: (a) The applicant’s compliance, where relevant, with the National Road Traffic Act, 1996, and with these By-laws; (b) the environmental, health and safety record of the applicant; and (c) the nature of the commercial service to be provided. (3) Before considering an application made in terms of subsection (1), the Council may require the applicant to furnish such information as it may require. (4) After considering the application in terms of subsection (2), the Council must either— (a) approve the application by issuing a licence subject to any condition it may impose; or (b) reject the application. (5) If the Council fails to consider and grant or reject a licence application within 60 days of its receipt of the application, it must inform the applicant in writing that the period for consideration is extended and must inform the applicant of the date by which a decision will be made. Suspension and revocation of licences 26. (1) A licence issued under this Chapter may be suspended or revoked by the Council on the grounds that the licence holder— (a) has failed to comply with any provision of these By-laws; (b) has failed to comply with any provision of any national or Gauteng provincial legislation which regulates the collection, transportation or disposal of waste; (c) has failed to comply with any licence condition contemplated in section 25(4)(a); or (d) on any other ground which the Council considers relevant, which is fair and reasonable in the circumstances. (2) A licence may only be suspended or revoked after - (a) the licence holder has been given written notice that the Council is considering the suspension or revocation of the licence; and (b) after the licence holder has been given a period of 30 days after service of the notice to make representations to the Council as to why the licence should not be suspended or revoked. (3) The Council must – (a) make a decision within 14 days of receipt of the representations contemplated in subsection (2)(b), if any, or within 14 days after the licence holder informed the Council that he or she does not wish to make representations, or if no representations are received, within 14 days of the expiry of the period referred to in subsection (2)(b); and (b) inform the licence holder of its decision in writing within seven days of making it. (4) Subject to the provisions of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), the Council may not disclose any confidential commercial information submitted as part of a licence application procedure to any person other than a Council official requiring such information to perform his functions for the purposes of these By-laws. Licence terms and conditions 27(1) When issuing a licence under this Chapter, the Council may, subject to the provisions of subsection (2), impose any reasonably necessary condition in furthering national, Gauteng provincial or Council, waste management policy. (2) Any licence issued under this Chapter must. (a) specify the licence period contemplated in section 24(2)(c) and the procedure for renewal of the licence; (b) specify every category of waste which the licence holder may collect and transport; (c) contain a requirement that the licence holder must comply with, and ensure compliance by his or her employees, agents and sub-contractors, with these By-laws and applicable national and Gauteng provincial legislation; and (d) require the licence holder to keep monthly written records on a form prescribed by the Council of the quantities of each category of waste collected and transported during the licence period. Renewal of licences 28. (1) A licence holder who wishes to renew his or her licence must apply to renew the licence concerned at least 90 days prior to the expiry of the existing licence. (2) The Council must consider and grant or reject a licence renewal application within 60 days of the receipt of the application subject to the provisions of section 25(3) and in accordance with section 25(4). (3) If the Council fails to consider and grant or reject a licence renewal application within 60 days, it must inform the applicant in writing that the period for consideration is extended and must inform the applicant of the date by which a decision will be made. (4) A licence in respect of which application for renewal has been made in terms of subsection(1), remains valid until a final decision has been made in respect of that application. Display of licences 29(1) Upon issuing a licence under this Chapter, the Council must issue to the licence holder a numbered sticker for each vehicle to be used for the purpose concerned confirming that the licence holder is authorised to collect and transport the category of waste specified on the sticker. (2) The stickers must vary in colour for each category of waste. (3) The licence holder must affix such sticker to each vehicle to be utilised to provide the service and display the sticker at all times. (4) Waste for processing or disposal at a waste disposal facility will be only be received at such facility from a contractor who is licenced and on whose vehicle a sticker required in terms of subsection (3), is displayed. Prohibited conduct 30. No licence holder may - (a) intentionally or negligently operate in contravention of any condition of the licence concerned; (b) intentionally or negligently fail or refuse to give information, when required to do so in terms of these By-laws, or give false or misleading information; (c) intentionally or negligently fail to take all reasonable steps to prevent a contravention of these By-laws, by any act or an omission of his or her employee acting in the course and scope of his or her duties, or (d) collect or transport any waste except in a properly constructed, watertight vehicle or in a suitable container that prevents spillage of waste, the suitability of the vehicle to be dependant on the waste stream contemplated in section 24(1), to be collected or transported, as specified in the National Road Traffic Act, 1996. Exemptions 31. The Council may, having regard to the main objects of these By-laws contemplated in section 3(1), and its local waste plan, by notice in the Gauteng Provincial Gazette, exempt any type of commercial service from any provision of this Chapter to the extent and subject to the terms specified in such notice. Transitional provisions 32.(1) Any person who is at the commencement of these By-laws lawfully providing a commercial service for which a licence is required under this Chapter, must within 90 days of such commencement, make application for a licence in terms of section 25, failing which such person’s right to provide such service lapses. (2) If an application is submitted in terms of subsection (1), the applicant may continue to provide the commercial service in respect of which the application has been made until a final decision has been taken in respect of that application. Chapter 7