National Water Act, 1998 (Act No. 36 of 1998)

Notices

Revision of General Authorisations in terms of Section 39 of the National Water Act, 1998 (Act No. 36 of 1998) (The Act)

1. Engaging in a Controlled Activity, Identified as such in Section 37(1)(a): Irrigation of any Land with Waste or Water containing Waste Generated through any Industrial Activity or by a Waterwork

Purchase

[Section 21(e)]

1.1	Purpose of authorisation

This general authorisation replaces the need for a water user to apply for a licence in terms of the Act, provided that the water use is within the limits and conditions as set out in this general authorisation.

1.2

Exclusion

This authorisation does not apply to a person who is not the lawful occupier of the land on which the wastewater irrigation takes place.

1.3	Compliance with Act and other laws

(1)	This authorisation does not—

(a)	replace any existing authorisation that is recognised under the Act; and

(b)	exempt a person who uses water from compliance with any other provision of the Act, unless stated otherwise in this notice, or any other applicable law, regulation, ordinance or by-law.

(2)	A person who uses water in terms of this authorisation is exempted from compliance with section 22(2)(e) of the Act.

1.4	Area of applicability

This authorisation is applicable throughout the Republic of South Africa.

1.5	Duration of authorisation

This authorisation will be applicable for a period of five years from the date of publication of this notice, unless—

(a)	it is amended by the responsible authority at any review period;

(b)	the period is extended by a notice in the Gazette;

(c)	it is replaced with a general authorisation in relation to a specific water resource or within a specific area; or

(d)	the water user is instructed in writing by the responsible authority to apply for a licence in terms of the Act.

1.6	Definitions

In this general authorisation, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in terms of the Act shall have that meaning, and—

"biodegradable industrial wastewater"

means wastewater that contains predominantly organic waste arising from industrial activities and premises including—

(a)	milk processing;

(b)	manufacture of fruit and vegetable products;

(c)	sugar mills;

(d)	manufacture and bottling of soft drinks;

(e)	production of alcohol and alcoholic beverages in breweries, wineries or malt houses;

(f)	manufacture of animal feed from plant or animal products;

(g)	manufacture of gelatine and glue from hides, skin and bones;

(h)	abattoirs;

(I)	fish processing; and

(j)	confined animal feeding operations.

"commercial activity"

means those activities identified in the Standard Industrial Classification of All Economic Activities (5th Edition), published by the Central Statistics Service, 1993, as amended and supplemented, under the following categories—

(a)	6: wholesale and retail trade;

(b)	7: transport, storage and communication;

(c)	8: business services;

(d)	9: community, social and personal services and

(e)	0: personal and other services;

"domestic wastewater"

means wastewater arising from domestic and commercial activities and premises, and may contain sewage;

"irrigation"

means the application of wastewater to any land or property for the purpose of crop production, and includes the cultivation of pasture or any other suitable purpose;

"monitoring programme"

means a programme for taking regular measurements of the quantity and quality of a water resource, waste or wastewater discharge at specified intervals and at specific locations to determine the chemical, physical and biological nature of the water resource, waste or wastewater discharge;

"organic waste"

means waste of non-anthropogenic origin that is readily biodegradable in the environment and does not contain any toxic substances that may accumulate in the environment;

"primary treatment"

means treatment of wastewater by a physical process, which may involve maceration, sedimentation, screening and grit removal;

"secondary treatment"

means treatment of wastewater by a biological process, which amongst others may involve solar and other energy, bacteria, algae and a variety of aquatic biota, to remove organic matter;

"wastewater"

means water containing waste, or water that has been in contact with waste material.

1.7	Irrigation with wastewater

(1)	A person who—

(a)	owns or lawfully occupies property registered in the Deeds Office as at the date of this notice;

(b)	lawfully occupies or uses land that is not registered or surveyed; or

(c)	lawfully has access to land on which the use of water takes place, may on that property or land—

(i)	irrigate up to 2000 cubic metres of domestic and biodegradable industrial waste water on any given day as set out in Table 1.1:

Table 1.1: Wastewater limit values applicable to the irrigation of any land or property up to 2000 cubic metres

Variables	Limits
pH	not less than 5,5 or more than 9,5 pH units
Electrical Conductivity	does not exceed 70 milliSiemens above intake to a maximum of 150 milliSiemens per metre (mS/m)
Suspended Solids	does not exceed 25 mg/I
Chloride as Free Chlorine	does not exceed 0,25 mg/I
Fluoride	does not exceed 1 mg/I
Soap, Oil and Grease	does not exceed 2,5 mg/I
Chemical Oxygen Demand	does not exceed 75 mg/I
Faecal coliforms	do not exceed 1000 per 100 ml
Ammonia (ionised and un-ionised) as Nitrogen	does not exceed 3mg/I
Nitrate/Nitrite as Nitrogen	does not exceed 15 mg/I
Ortho-Phosphate as phosphorous	does not exceed 10 mg/I

(ii)	irrigate up to 500 cubic metres of domestic or biodegradable industrial wastewater on any given day, as set out in Table 1.2:

Table 1.2: Wastewater limit values applicable to the irrigation of any land or property up to 500 cubic metres

Variables	Limits
pH	not less than 6 or more than 9 pH units
Electrical conductivity	not exceed 200 milliSiemens per metre (mS/m);
Chemical Oxygen Demand (COD)	does not exceed 400 mg/I after removal of algae;
Faecal coliforms	do not exceed 100 000 per 100 ml
Sodium Adsorption Ratio (SAR)	does not exceed 5 for biodegradable industrial wastewater

(iii)

irrigate up to 50 cubic metres of domestic or biodegradable industrial wastewater on any given day, as set out in Table 1.3:—

Table 1.3: Wastewater limit values applicable to the irrigation of any land or property up to 50 cubic metres

Variables	Limits
pH	not less than 6 or more than 9 pH units
Electrical conductivity	not exceed 200 milliSiemens per metre (mS/m);
Chemical Oxygen Demand (COD)	does not exceed 5000 mg/I after removal of algae;
Faecal coliforms	do not exceed 100 000 per 100 ml
Sodium Adsorption Ratio (SAR)—	does not exceed 5 for biodegradable industrial wastewater

(iv)	irrigate provided that the irrigated wastewater does not impact on the water resource or any other person's water use, property or land; and

(v)	irrigate provided that the irrigated wastewater is not detrimental to the health and safety of the public in the vicinity of the activity.

1.8	Registration of irrigation with wastewater

(1)	A person who irrigates with wastewater in terms of this authorisation must submit to the responsible authority a completed registration form or any other information requested in writing by the responsible authority for the registration of the water use before commencement of irrigation.

(2)	On written receipt of a registration certificate from the responsible authority, the person will be regarded as a registered water user.

(3)	All forms for registration of water use are obtainable from any office of the responsible authority, as well as from the web-site at http://www.dwa.gov.za.

1.9	Location of irrigation with wastewater

Wastewater irrigation in terms of this authorisation is only permitted if the irrigation takes place—

(a)	at least 50m above the 1 in 100 year flood line or riparian habitat whichever is the greatest, or alternatively at least 100 metres from a water course whichever is the greatest, or at least further than 500m radius from a borehole that is utilised for drinking water or stock watering;

(b)	on land that is not, or does not, overlie a major aquifer (identification of a major aquifer will be provided by the Department, upon written request); and (c) at least outside 500m radius from the boundary of a wetland.

1.10	Precautionary practices

(1)	The water user must follow acceptable construction, maintenance and operational practices to ensure the consistent, effective and safe performance of the wastewater irrigation system, including the prevention of—

(a)	waterlogging of the soil and pooling of wastewater on the surface of the soil;

(b)	nuisance conditions such as flies or mosquitoes, odour or secondary pollution;

(c)	waste, wastewater or contaminated stormwater entering into a water resource;

(d)	the contamination of run-off water or stormwater;

(e)	the unreasonable chemical or physical deterioration of, or any other damage to, the soil of the irrigation site;

(f)	the unauthorised use of the wastewater by members of the public; and

(g)	people being exposed to the mist originating from the irrigation of the wastewater.

(2)

Suspended solids must be removed from any wastewater, and the resulting sludge disposed of according to the requirements of any relevant law or regulation, including the document Guidelines for the Utilisation and Disposal of Wastewater Sludge, Volumes 1-5, Water Research Commission Reports TT 261/06, 262/06, 349/09, 350/09, 351/09, as amended from time to time (obtainable from the responsible authority upon written request).

(3)	All reasonable measures must be taken to provide for mechanical, electrical, operational, or process failures and malfunctions of the wastewater irrigation system.

(4)	All reasonable measures must be taken for storage of the wastewater used for irrigation when irrigation cannot be undertaken, of which the storage must be in accordance with general authorisation in section 3 of this Notice.

(5)	All reasonable measures must be taken to collect contaminated stormwater or runoff emanating from the area under irrigation and to retain it for disposal of which the disposal must be in accordance with general authorisation in section 3 of this Notice.

(6)

Upon the written request of the responsible authority the registered user must ensure the implementation of any additional construction, maintenance and operational practices that may be required in the opinion of the responsible authority to ensure the consistent, effective, safe and sustainable performance of the wastewater irrigation system.

1.11	Record-keeping and disclosure of information

(1)	The water user must ensure the establishment of monitoring programmes to monitor the quantity and quality of the wastewater to be used for irrigation prior to commencement and thereafter, in the following manner:

(a)	The quantity must be metered and the total recorded weekly; and

(b)	the quality of water irrigated must be monitored once every month by taking a grab sample at the point at which the wastewater enters the irrigation system for all parameters listed in paragraph 1.7(1)(i), (ii) and (iii) and results submitted to the responsible authority.

(2)	Upon the written request from the responsible authority the water user must—

(a)	ensure the establishment of any additional monitoring programmes; and

(b)	appoint a competent person to assess the water use measurements made in terms of this authorisation and submit the findings to the responsible authority for evaluation.

(3)	The water user must keep a written record, for at least five years, of the following information:

(a)	Both the location of the irrigation area and the extent of the area or areas under irrigation, which must be demarcated on a suitable scale map;

(b)	details of the crops and the size of the area under irrigation;

(c)	details of the type of irrigation being practiced;

(d)	details of the monitoring programme, including—

(a)	Both the location of the irrigation area and the extent of the area or areas under irrigation, which must be demarcated on a suitable scale map;

(b)	details of the crops and the size of the area under irrigation;

(c)	details of the type of irrigation being practiced;

(d)	details of the monitoring programme, including—

(i)	the quantity of wastewater irrigated;

(ii)	the results of the analysis of the quality of wastewater irrigated as obtained from the laboratory for the samples taken in accordance with paragraph 1.12;

(e)	details of the irrigation management techniques being practised;

(f)	details of precautionary practices and pollution prevention measures implemented; and

(g)

details of failure and malfunctions in the irrigation system, and details of the effects of (if any), as well as details of, measures taken to prevent such failures and malfunctions in the future. The above mentioned information must be made available upon written request to the responsible authority and interested and affected parties regarding the wastewater irrigation and related activities.

1.12	Methods for sampling and analysis

The following methods for sampling and analysis must be adhered to:

(a)	Samples of the water containing waste must be taken in accordance with the applicable South African National Standard (SANS) for sampling.

(b)	The methods for the measurement of specific substances and parameters in any waste or wastewater must be carried out by a—

(i)	laboratory that has been accredited in accordance with SANS 17025:2005 by the South African National Accreditation System (SANAS) to conduct the analysis in accordance with the prescribed SANS method for each applicable variables; or

(ii)	laboratory that participates in a recognised Proficiency Testing Scheme (Zscores results should be presented);

(iii)

laboratory that has proof of intra- and inter-laboratory proficiency (quality assurance as prescribed in Standard Methods).

(c)	Water users who can be able to demonstrate to the responsible authority that there is no accredited laboratory within their vicinity may use methods 1.12(b)(ii) and (iii) above.

1.13	Inspections

Any property or land in respect of which a water use has been authorised in terms of this general authorisation, such property or land must be made available for inspection by an authorised person in terms of section 125 of the Act.

1.14	Incidence reporting

Any information on the occurrence of any incident that has or is likely to have a detrimental impact on the water resource quality must be reported to the responsible authority within 24 hours.

1.15

Offences

A person who contravenes any provision of this general authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the Act.