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National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)

Notices

National Norms and Standards for the Sorting, Shredding, Grinding, Crushing, Screening, Chipping or Baling of General Waste, 2017

Chapter 3 : Management of Facilities that Sort, Shred, Grind, Crush, Screen, Chip or Bale General Waste

14. Minimum requirements for the Decommissioning Phase

 

(1) Should the owner of the waste facility plan to cease operations at the waste facility, the competent authority must be contacted in writing at least six months prior to the ceasing of operations to determine the required actions for the decommissioning of the waste facility.

 

(2) The facility owner must also identify and inform the competent authority of the future end use of the site.

 

(3) The competent authority may—
(a) Require a decommissioning plan to be prepared and submitted; or
(b) In cases where the impacts envisaged are of a lower intensity, make certain requirements that the facility owner has to comply with to ensure that the potential impacts of the decommissioning process are avoided or minimised without the need for a decommissioning plan.

 

(4) Where a waste facility is decommissioned, all surplus feedstock and product must be removed from site.

 

(5) The decommissioning plan contemplated in subsection (3) must indicate the following as a minimum:
(a) The future end use of the site;
(b) The site specific decommissioning process to be followed;
(c) Potential human and environmental impacts of the decommissioning process; and
(d) Mitigation measures to be implemented to minimise and/or avoid such impacts.

 

(6) Should the land be contaminated as a result of these waste management activities, the owner of the waste facility must comply with all relevant legislation dealing with remediation of contaminated land.

 

(7) The waste facility owner, including the subsequent owner of the waste facility, are responsible for compliance with the provisions for duty of care and remediation of environmental damage as contained in Section 28 of the National Environmental Management Act, 1998.

 

(8) In the advent of change of ownership, the registered owner of the waste facility must notify the competent authority in writing, within one month of such change.