A recent investigation and site inspection that was conducted by environmental management inspectors (EMIs) of the Department of Environmental Affairs and
Development Planning's Directorate: Environmental Compliance and Enforcement, of a property situated off Weltevreden Road in Phillipi, was necessitated by an ad-hoc surveillance operation conducted on 8 June 2010.
The site inspection confirmed that hazardous and general waste was being stored and disposed of on the property. EMIs found reasonable grounds to believe that the activities on the property had triggered numerous listed activities in terms of government notice 718 of July 2009 promulgated in terms of section 19(1) and 20 of the National Environmental Management: Waste Act (NEM:WA).
Information supplied by the City of Cape Town confirmed the investigated property as Farm 807/1. An inspection team comprising department officials, City of Cape Town and Metro Police officials issued a warning letter to a worker, in the absence of the property owner, during a site inspection on 17 June 2010.
A stake out operation to verify compliance with the warning letter was conducted on 21 June 2010. No particular activity was noted at the "illegal dumpsite" on the day. The lessee, during a joint meeting with department officials on 5 July 2010, revealed that no income was accepted to allow dumping to take place.
However, the lessee did confirm that the land was being filled for development at a later time. An undertaking was confirmed by the lessee to comply with the requests outlined in the warning letter. An in principal extension of three weeks was granted allowing the lessee a period of environmental redress.
Provincial Minister of Local Government, Environmental Affairs and Development
Planning, Mr Anton Bredell, on 12 August 2010 led a team comprising officials of the department and City of Cape Town to issue a compliance notice to the property owner.
The compliance notice related to the non-compliance with the provisions of government notice 718 of 3 July 2009 promulgated in terms of section 19(1) and 20 of the NEM: WA and the failure to adhere to the department's warning letter dated 17 June 2010.
The compliance also outlined that the activities on the property had triggered numerous listed activities in terms of government notice 718 of July 2009 promulgated in terms of section 19(1) and 20 of the National Environmental Management: Waste Act (NEM:WA), namely:
Category A
Activity one: The storage, including the temporary storage, of general waste at a facility that has the capacity to store in excess of 100 cubic meters (m³) of general waste at any one time, excluding the storage of waste in lagoons.
Activity tw The storage, including the temporary storage, of hazardous waste at a facility that has the capacity to store in excess of 35 m³ of hazardous waste at any one time, excluding the storage of waste in lagoons.
Activity three: The storage including the temporary storage of general waste in lagoons.
Activity 14: The disposal of inert waste in excess of 25 tons and with a total capacity of 25 000 tons, excluding the disposal of such waste for the purposes of leveling and building which has been authorised by or under other legislation.
Activity 16: The disposal of domestic waste generated on premises in area not serviced by the municipality service where the waste disposed does not exceed 500 kilograms per month.
Category B
Activity nine: The disposal of any quantity of hazardous waste to land.
Activity 10: The disposal of general waste to land covering an area in excess of
200 square meters (m²).
"This exercise again reinforces how the efficacy of environmental governance andoversight in the Western Cape is dependent on cooperative relations between thedifferent spheres of government. Let the activities we conduct to preventenvironmental ruin, preserve the environmental experience of future generations," provincial MEC Anton Bredell said.
The property owner, in terms of the requirements of the compliance notice, must submit a detailed rehabilitation plan compiled by a suitably qualified and experienced independent environmental assessment practitioner, on or before 12 September 2010.
The Department of Environmental Affairs and Development Planning will proceed to refer the matter for criminal prosecution with the National Prosecuting Authority in the event that the required information is not submitted.
Contact:
A Gangerdine
Tel: 021 483 4643
Cell: 079 401 0687
E-mail: agangerd@pgwc.gov.za
Source: Western Cape Provincial Government
