The focus of waste management has shifted from disposal at landfill sites to waste minimisation and recycling. The City of Cape Town has passed a new By-law containing regulations and procedures to align with the new focus.

The WasteWise programme is supporting waste service providers and waste generators in businesses, commerce and other organisations with information, materials and training to comply with the City’s new By-law.

To see a brief handy guide to compliance with the By-law click here.

For FAQs on the click here.

Integrated Waste Management By-law
Cape Town’s Integrated Waste Management By-law brings in a range of measures which enforce minimisation or avoidance of waste with the aim of diverting waste away from landfill, while increasing re-use and recycling.

In terms of the By-law:

• Waste generators must compile and submit integrated waste management plans (IWMP) for their businesses.
  
• Waste service providers must be accredited by the City to handle or dispose of waste.
  
  

Who is a “waste generator”?
The By-law defines a waste generator as ”a property owner, a household, organisation or business entity, the inhabitants, occupants or employees of which generate waste.”

This also includes sorters of waste such as recycling or waste minimisation groups, scrap dealers and buy-back centres.

Waste generators’ obligations
The By-law places the onus on the waste generator to ensure that his/her waste is properly handled and disposed of.

At the core of the By-law is the requirement for companies generating waste to compile and submit an Integrated Waste Management Plan.

This plan must:

• Address the generation, separation, storage, collection, removal and disposal of waste generated at business premises.
  
• Consider the environmental impact of waste generation and include a pollution prevention plan.
  
• Ensure that each consignment of waste is accompanied by a detailed manifest. This must be returned to the generator once the waste has been delivered to the disposal/final handling facility.
  
  

The waste generator:

• Is liable for ensuring that his/her service provider is accredited, and correctly transports, treats and/or disposes of waste. This must be verifiable.
  
• Must also consider ways to manage and minimise waste such as by reducing resource consumption. This could happen by phasing out the use of certain wasteful or toxic materials in manufacturing processes, changing product design and minimising packaging.
  
• Must also take steps to educate customers and end users about minimising waste and how and where to recycle products after use.
  
  

Who is a ‘waste service provider’?
The By-law defines a waste service provider as any person, entity or company providing a waste management service.

Waste Service Providers’ obligations
Waste Service Providers must:

• Be accredited by the City in accordance with its guidelines and procedures.
  
• Dispose of solid waste at properly licenced disposal or recycling facilities.
  
• When dealing with dangerous or hazardous waste, hold all licences and permits prescribed by law for handling, transport and disposal of such waste.
  
  

Enforcing the By-law
Waste Management Officers (officials appointed by the Director: Solid Waste Management) enforce the By-law and can request access to any premises to ensure regulations are being adhered to.

Where the By-law or terms of an IWMP have been breached, the offender will be ordered to rectify the situation by a specific date, at his/her own expense. If this is ignored, the City can rectify the situation at the offender’s cost.

The By-law makes provision for admission of guilt fines. Serious breaches or repeat offences are dealt with in court and carry severe fines and prison sentences.

Tariff reductions with Waste Minimisation Clubs
There is an allowance for clubs to be formed to negotiate rebates. The relevant section states that the rebate is:

“Only to be considered and approved for residential sectional title complexes and blocks of flats who are able to prove that they are using a City-accredited contractor to separate and remove recyclables.”

“The evaluation of applications and determination of rebates are considered and authorised by the Director: Solid Waste Management Services. The number of 240 litre containers may be reduced up to a minimum of a quarter of the number of habitable units.”

“The rebate is applicable from date of approval and must be renewed on an annual basis. Regular inspections will be held to confirm that the terms of the contract is being upheld. In the event of breach of contract:

1) Benefits will be void from date of inspection
2) Billing will revert to compliance with policy (Section 18.2.2.2)”

Assistance with compliance
For more details and assistance on how to comply with the By-law provisions if you are a waste generator or service provider, contact the Compliance Officer, Solid Waste Management Department, City of Cape Town. Tel: 0860 – 103 089