Draft Basic Assessment Report (BAR) - Pravin Amar Draft...Pravin Amar Development Planners is appointed by the SAPS to undertake a Basic Assessment in terms of the National Environmental

Draft Basic Assessment

Report (BAR)

Reference No. 12/9/11/L1335/4

Regarding the Proposed Effluent Treatment Plant

For Dududu SAPS

Located on

Portion 13 of the Farm Zembe No. 17449

KwaZulu-Natal

On behalf of the:

South African Police Services (SAPS)

Contact Person: Col. R. Govender

Tel: (012) 845 8934

Email: [email protected]

Prepared by:

Contact Person: Mr. Pravin Amar Singh/ Ms. SG Sithole

Tel: (031) 201 7510 Fax: 086 726 5964/ (031) 201 3898

Email: [email protected] /

[email protected]

mailto:[email protected]



Draft Basic Assessment Report for the Proposed Effluent Treatment Plant at the Dududu Police Station, KwaZulu-Natal – October 2013

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Document Control

Project Name: Waste Management Licence & Draft Basic Assessment Report for the Proposed Effluent Treatment

Plant for the Proposed Dududu Police Station

Environmental

Assessment Practitioner

Pravin Amar Development Planners (PADP)

Document Name Draft Basic Assessment Report (BAR)

Version No.: 1

Version Date: October 2013

Authors: Mr. Pravin Singh and Ms. SG Sithole

Issued By: Pravin Amar Development Planners

Issue Date: October 2013

Submitted to Department of Environmental Affairs(DEA)

Soft Copy Submitted: 0

Hard Copy Submitted:

Public Review

Public Review of the Draft Basic Assessment Report

This BAR will be available for public comment from 17/10/2013 Copies of the report will be available from the following public

places:

Public Place Locality Contact person Telephone

Dududu Police Station P77 Dududu, Scottburgh,

KwaZulu Natal

Captain Chiliza 039 974 0151

Vulamehlo Local Municipality P77 Dududu, Scottburgh,

KwaZulu Natal

Chris Duma 039 974 0450

The Draft BAR will also be available on the following website: www.pravinamar.com

Opportunities to comment

Stakeholders can be involved in the Basic Assessment process by:

Submitting comments by e-mail, fax or telephone to the Public Participation Office

Participation in the review of the review of the Draft BA Reports

Comments on this proposal should be submitted on or before the 25th November 2013

Please submit comments to:

Fax: 031 201 8939

Email: [email protected] / [email protected]

http://www.pravinamar.com/




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Executive Summary The South African Police Service (SAPS) intends on constructing the Effluent Treatment Plant to service the

proposed Dududu Police Station Complex, at Dududu Village, KwaZulu Natal.

Pravin Amar Development Planners is appointed by the SAPS to undertake a Basic Assessment in terms of the

National Environmental Management Act (No. 107 of 1998) read with the NEMA Regulations (GNR 543, 2010). The

need for the effluent plant emanates from the feasibility study undertaken by the civil engineer seeking alternatives

for handling effluent discharge from the from the proposed expansion of the Dududu Police Station.

The proposed activity is listed under Category A of the National Environmental Management: Waste Act 59 0f 2008

(NEMWA). The Draft Basic Assessment Report (BAR) is being produced as part of the Basic Assessment process.

The project entails the installation of a small waste-water treatment plant to cater for the SAPS complex. The plant is

expected to treat approximately 675m3 of wastewater per month, with an annual throughput of 8100m3

The information contained in this report is a combination of primary data collection (a ground-truthing onsite exercise)

and secondary desktop research. The information contained in this report has been cited from different sources,

analyzed and synthesized into the BAR.

Where possible, sources have been cited. Failure to do so in some instances is not intentional.

The development must conform inter alia to:

The South African Constitution Act (108 of 1996)

National Environmental Management Act (NEMA) (107 of 1998)

National Environmental Management Act (NEMA): Regulations (107 of 1998)

National Environmental Management : Waste Act (59 of 2008)

Water Services Act (108 of 1997)

National Water Act (36 of 1998)

The Health Care Act (60 of 1977)

National Air Quality Act (39 of 2004)

National Heritage Resources Act (No 25 of 1999)


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Local Authorities Ordinance (25 of 1974)

Prevention of Environmental Pollution Ordinance (KZN) (21 of 1981)

KwaZulu Natal Heritage Act (No 4 of 2008)

Municipal Integrated Development Plan

Occupation, Health and Safety Act, 85 of 1993 (OHSA).

The Basic Assessment has been undertaken in accordance with GNR.543 Regulation 22 of the NEMA Regulations.

The key aspects of the basic assessments included:

- The assessment of alternatives, such as activity location and technology (treatment) options. In terms of

assessment for the suitable treatment options it was concluded that the Rotating Biological Contactors

(RBC) is the preferred option to handle the wastewater issues. In terms of the locational alternatives, the

suitable siting of the plant is within the boundaries of the site since the required footprint can be well

accommodated within the site.

- The assessment of the impact of the development to the existing environment such as the infrastructure,

bio-physical and socio-economic environment. From the findings of the basic impacts assessment it is

evident that the proposed development is unlikely to be a nuisance to the existing environment as it is

merely a localized package plant to deal with exclusive needs of the proposed development.

- The assessment of potential cumulative impacts and other environmental issues. The potential impacts and

environmental issues that have been identified include, inter alia:

- Minimal surface and ground water contamination

- nuisance impacts such as dust, noise and air pollution (air quality)

- health and safety

A Public Participation process is undertaken in line with the Section 54 – 57 of the NEMA Regulations GNR 543 read

in conjunction with the NEMA Public Participation Guidelines GNR 807. The general public, organs of state and any

other interested and affected parties are given an opportunity to comment on the proposed development. The 40

days comment period is applicable as stipulated by legislation. The medium used to engage participants include:

- Local and Provincial newspaper i.e. Ilanga and the South Coast Herald

- Site Notices

- Webpage: www.pravinamr.com

- Publishing of the BAR at public places i.e. Dududu Police Station and Vulamehlo Local

Municipality Offices

http://www.pravinamr.com/


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The assessment indicate minimal environmental impacts associated with the proposed plant. It should also be noted

that the proposed treatment plant will be located in area where there is no prevalence of ground water or natural

drainage.

Any potential negative environmental impact will require low to moderate mitigation measures in order to comply

fully with the National Environmental Management: Waste Act 59 of 2008 and other legislation that has been

mentioned in the report. However, the environment as stipulated in the National Environmental Management

Act 107 of 1998, must at all times support a healthy working environment, not only to the people directly associated

with the functioning of the site, but also the communities surrounding the site.

It is recommended that the Waste Management Licence is granted to the applicant with the necessary conditions as

seen fit and appropriate by the Competent Authority.


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Table of Contents 1. INTRODUCTION ........................................................................................................................ 10

1.1. Background ................................................................................................................................... 10

1.2. Scope of Work ............................................................................................................................... 10

2. DETAILS OF THE APPLICANT AND PROFESSIONAL TEAM ............................................................. 10

2.1. Environmental Assessment Practitioner (EAP) .................................................................................. 10

2.2. Expertise of the EAP ...................................................................................................................... 11

2.3. Details of the applicant ................................................................................................................... 11

3. DESCRIPTION OF THE PROPERTY ............................................................................................... 12

3.1.1. Area Context ............................................................................................................................. 12

3.2. Property Description ....................................................................................................................... 12

3.4. Site Ownership and History ............................................................................................................. 12

3.5. Current Zoning and Land Use ......................................................................................................... 13

3.6. Topography and Physical Character ................................................................................................ 13

3.7. Surrounding Development............................................................................................................... 13

3.8. Servitudes ..................................................................................................................................... 13

3.9. Infrastructure Services .................................................................................................................... 13

3.9.1. Existing Access .................................................................................................................... 13

3.9.2. Water Supply ....................................................................................................................... 14

3.9.3. Sanitation ............................................................................................................................ 14

3.9.4. Electricity Supply ................................................................................................................. 14

3.9.5. Stormwater ......................................................................................................................... 14

4. DESCRIPTION OF THE PROPOSED ACTIVITY ................................................................................ 15

4.1. Proposed Development Footprint..................................................................................................... 17

5. DESCRIPTION AND ASSESSMENT OF IDENTIFIED ALTERNATIVES FOR HANDLING OF

WASTEWATER/SEWAGE ................................................................................................................... 17

5.1. Alternative Location ........................................................................................................................ 17

5.2. Alternative Technology/ Treatment Options ...................................................................................... 18

6. NEED AND DESIRABILITY OF THE PROPOSED ACTIVITY ............................................................... 19

7. DESCRIPTION OF THE RECEIVING ENVIRONMENT ...................................................................... 20

7.1. Physical Environment ..................................................................................................................... 20

7.1.1. Topography and Drainage ....................................................................................................... 20


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7.1.2. Climate ................................................................................................................................. 20

7.2. Socio-Economic Environment .......................................................................................................... 20

7.2.1. Population Dynamics .............................................................................................................. 21

7.2.2. Cultural Aspects .................................................................................................................. 22

7.2.3. Economic Aspects ............................................................................................................... 23

8. REVIEW OF APPLICABLE LEGISLATION AND GUIDELINES ............................................................ 24

8.1. The South African Constitution (Act 108 of 1996) .............................................................................. 24

8.2. National Environmental Management Act (107 of 1998) ..................................................................... 25

8.3. National Environmental Management Waste Act (59 of 2008) ............................................................ 26

8.4. NEMWA Regulations- Promulgated in September 2013 ..................................................................... 30

8.5. Water Services Act (108 of 1997) .................................................................................................... 31

8.6. National Water Act (36 of 1998) ....................................................................................................... 32

8.7. The Health Care Act 60 of 1977 ...................................................................................................... 33

8.8. National Air Quality Act ................................................................................................................... 34

8.9. National Heritage Resources Act No 25 of 1999 ................................................................................ 34

8.10. KwaZulu Natal Heritage Act No 4 of 2008 ......................................................................................... 35

8.11. The KwaZulu-Natal Heritage Act, 1997 (Act No. 10 of 1997) .............................................................. 35

8.12. Provincial Laws .............................................................................................................................. 36

8.12.1. Local Authorities Ordinance 25 of 1974 .................................................................................... 36

8.12.2. Prevention of Environmental Pollution Ordinance (KZN) 21 of 1981 ............................................ 37

9. DETAILS OF PUBLIC PARTICIPATION .......................................................................................... 39

9.1. Advertising .................................................................................................................................... 39

9.2. Notice to I&AP’s ............................................................................................................................. 39

9.3. Site Notices ................................................................................................................................... 39

9.4. Summary of comments received from I& AP’s ................................................................................... 39

10. DESCRIPTION OF ENVIRONMENTAL ISSUES & POTENTIAL IMPACTS, INCLUDING CUMULATIVE

IMPACTS IDENTIFIED ........................................................................................................................ 40

10.1. Pre- Construction Phase Impacts..................................................................................................... 40

10.2. Construction Phase Impacts ............................................................................................................ 41

10.3. Operational Phase Impacts ............................................................................................................. 41

10.4. Cumulative impacts ........................................................................................................................ 42

11. IMPACT ASSESSMENT ............................................................................................................... 42


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11.1. Method of assessment for potential environmental impact: ...................................................... 42

a) Consequence ............................................................................................................................... 42

b) Likelihood .................................................................................................................................... 43

c) Significance ................................................................................................................................. 44

12. ASSESSMENT OF THE IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ...... 45

13. DESCRIPTION OF ANY ASSUMPTIONS, UNCERTAINTIES AND GAPS IN KNOWLEDGE .................... 49

14. CONCLUSION AND RECOMMENDATIONS .................................................................................. 49

List of Tables

Table 1: Age Distribution (Census 2011) ..................................................................................................... 21

Table 2: Population by Wards (Census 2011) ............................................................................................. 21

Table 3: Access to Sanitation (Census 2011)............................................................................................... 22

Table 4: Population distribution by language (Census 2011) ..................................................................... 22

Table 5: Employment .................................................................................................................................. 23

List of Figures

Figure 1: Effluent Treatment Plant layout ............................................................................................................... 16

Figure 2: RBC Package Plant ................................................................................................................................ 16

List of Appendices

Appendix 1: Environmental Management Programme (EMPr) Appendix 2: Context Map Appendix 3: Locality Map Appendix 4: Proposed Location of the Plant Appendix 5: EAP CV Appendix 6: Background Information Document (BID) Appendix 7: Advertisements Appendix 8: Site Notice Appendix 9: Interested and Affected Parties List (I&AP List Appendix 10: Photo Module


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ACRONYMS & ABBREVIATIONS

AMAFA : Amafa aKwaZulu-Natali

BAR : Basic Assessment Report

BID : Background Information Document

DAEA : KZN Department of Agriculture and Environmental Affairs

DEA : Department of Environmental Affairs

DEAT : Department of Environmental Affairs and Tourism

DSR : Draft Scoping Report

DWA : Department of Water Affairs

ECO : Environmental Control Officer

EIA : Environmental Impact Assessment

EMPr : Environmental Management Programme

HIA : Heritage Impact Assessment

I&AP : Interested and Affected Party

IDP : Integrated Development Plan

IMP : Integrated Management Plan

KZN : KwaZulu-Natal

KZNDOT : KZN Department of Transport

NDPW : National Department of Public Works

NEMA : National Environmental Management Act, 1998 (Act No 107 of 1998)

PPP : Public Participation Process

RoD : Record of Decision

WML : Waste Management License


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1. INTRODUCTION

1.1. Background

Pravin Amar Development Planners, the independent environmental assessment practitioner (EAP), is

appointed by South African Police Service (SAPS), to prepare and submit an application for the Waste

Management Licence (WML) and the related WML Basic Assessment Process for the proposed effluent

treatment plant.

A waste license is required in order to operate the waste treatment plant onsite to service the Dududu

Police Station. The authorisation for a license is sought from the National Department of Environmental

Affairs. The Dududu Police Station is situated in KwaZulu-Natal Province within the jurisdiction of the

Vulamehlo Local Municipality. The site is immediately off the main road, P77 (Refer to Appendix 3: Locality

Map).

1.2. Scope of Work

The process entails both the Waste Management Licence application process and a Basic Assessment for

Category A waste activities. A Basic Assessment Report is required in order to complete the waste

licensing process, as stipulated under the NEMA Waste Act (Act No. 59 of 2008). This will also require

public participation process in terms of the NEMA

2. DETAILS OF THE APPLICANT AND PROFESSIONAL TEAM

2.1. Environmental Assessment Practitioner (EAP)

Name of Consultant / Company: Pravin Amar Development Planners

Contact person: Mr Pravin Amar Singh BA (MTRP) LLM (Environmental)

Telephone: (031) 201 7510

Facsimile: 086 726 5964

Email address: [email protected]


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2.2. Expertise of the EAP

The EAP has extensive experience in environmental management spanning 15 years, including inter alia

environmental impact assessments, project management and development planning.

The EAP is also a member of a number of environmental related professional organisations, namely:

1. International Association for Impact Assessment (IAIA-SA)

2. Environmental Law Association

3. Institute of Waste Management (IWM)

4. South African Council of Planners (Registered Professional Planner)

5. South African Planning Institute (SAPI) - KZN Branch

6. SAPI National Board

7. Project Management Institute for South Africa (PMISA)

8. Project Management Institute (PMI) USA

9. International Association for Public Participation (IAP2)

10. LEAD- Southern Africa –Cohort 7

11. SA Black Trade & Allied Careers Organisations (SABTACO)

The CV of the EAP is attached as Appendix 5.

2.3. Details of the applicant

Name of Applicant / Company: South African Police Service

Contact person: Colonel R. Govender

Telephone: (012) 845 8934 / 082 778 9201

Facsimile: 086 660 1892

Email address: [email protected]



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3. DESCRIPTION OF THE PROPERTY

3.1.1. Area Context

The Dududu Police Station is situated in KwaZulu-Natal Province. It is located within the jurisdiction of the

Vulamehlo Local Municipality (KZN 211) which is one of the six local municipalities forming part of Ugu

District Municipality (DC 21) located on the south coast of KwaZulu-Natal. The municipal area is bordered

by Mkhambathini and Richmond to the north and Ubuhlebezwe to the west.

The Vulamehlo Local Municipality is predominantly rural and has two police stations, one in Sawoti area

and one in Dududu. The Dududu Police station is approximately 16km away from Scottburgh and Umzinto.

The surrounding areas include Beula, Amahwaqa, eMjunundwini, Indududu A, Ntontonto and Olwasini. The

site (Dududu Police Station) falls under Ward 6 of Vulamehlo Local Municipality and is located immediately

off the main road, P77.

3.2. Property Description

The Dududu Police station site is formally described as SAPS Portion 13 of the Farm Zembe No. 17449,

located at approximately 300 11’ 33.61”S, 30o 37’ 03.14”E.

3.3. Proposed Location of the Plant

Points Latitude Longitude

Corner 1 30°11’32.25"S 30°37'01.12" E

Corner 2 30°11’31.67"S 30°37'02.26"E

Corner 3 30°11'32.13"S 30°37’05.16"E

Corner 4 30°11’30.77"S 30°37’04.10"E

Please also refer to Appendix 4: Proposed Location of the Plant

3.4. Site Ownership and History

Portion 13 of the Farm Zembe No. 17449, S.G. with diagram No. 111/2002 is a newly surveyed site that is

registered in the name of Ingonyama Trust. However, the process of transfer is currently underway for

formal transfer of the property to the State. A letter of consent by the current registered owner is attached

as Appendix 2. A certificate in terms of 4 (a) (ii) of the proclamation R 232 of 24th December 1986:


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Government Gazette No. 10560 confirms that the properties together with their rights or obligations

described in the title deeds vest in the Government of KwaZulu Natal.

3.5. Current Zoning and Land Use

The Vulamehlo municipal area is predominantly rural, implying that all land uses are deemed to be

agricultural land. There is no scheme since the town is not formalized.

The site is currently utilized as a police station. The surrounding land uses within a 5km distance include;

government administrative offices (the Department of Justice, Vulamehlo Magistrate Courts, the

Department of Social Development, the Department of Agriculture, Department of Education), small scale

businesses, and health care facilities i.e. clinic adjacent to the site.

3.6. Topography and Physical Character

The gradient of the site is generally flat. It is currently occupied by prefabricated structures and a few

permanent old buildings. There are existing bulk infrastructural services connections and informal parking

space on-site. The geotechnical assessment recorded that the site is developable, recommendations on

the buildings foundations will be taken into consideration during the construction.

3.7. Surrounding Development

The surrounding developments within a 5km distance include; government administrative offices (the

Department of Justice, Vulamehlo Magistrate Courts, the Department of Social Development, the

Department of Agriculture, Department of Education), small scale businesses, and health care facilities i.e.

clinic adjacent to the site and residential dwellings.

3.8. Servitudes

There are no servitudes identified within the property.

3.9. Infrastructure Services

3.9.1. Existing Access

Dududu is characteristic of a linear settlement along the P77 Road, which is the only tarred road that

passes through the town. The project site is easily accessible by means of P77 Dududu Main Road onto


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the gravel internal road network. The internal and access road networks exhibit poor storm-water drainage,

through corrugations and ponding.

3.9.2. Water Supply

There is an existing water supply on site in the form of a bulk portable water pipeline. However, the Dududu

Town is a water scarce locality as the water supply is problematic which is evident in that the facility itself

often runs out of water frequently.

3.9.3. Sanitation

There is no waterborne sanitation in the Dududu area. Currently the Ugu District Vacuum Tanker Services

(VTS) operate in the area. The site is serviced currently by four small septic tanks and soak-away

installations.

3.9.4. Electricity Supply

The electricity is supplied by Eskom with an electrical medium voltage (M.V) line servicing the site.

3.9.5. Stormwater

There is no formalized storm water drainage or storm water management system on site.


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4. DESCRIPTION OF THE PROPOSED ACTIVITY

ACTIVITY DESCRIPTION

The project entails the installation of a treatment plant to cater for the SAPS complex. The plant is expected

to treat approximately 675m3 of wastewater per month, with an annual throughput of 8100m3

TREATMENT PROCESS DESCRIPTION

The stages are explained below:

Stage 1. Preliminary Treatment

Preliminary treatment removes settleable solids and fibrous particles. This is accomplished by multi-

chamber-pits, septic tanks or automatic screenings. The selection of the process depends on the quality

and quantity of the wastewater. In small treatment plants the preliminary step is used for sludge

conditioning and for equalization of the hydraulical load.

Stage 2. Biological Step

The Biological Disks combine the advantages of activated sludge systems and trickling filters. They consist

of circular disks mounted on a horizontal, rotating shaft. The fixed film of micro-organisms attached to the

plain disks performs the biological treatment by decomposing soluble and suspended organic material.

By using this aerobic process technology odour-free operation is ensured. Biological Disks can be used for

all kinds of processes as carbon elimination and nitrification. If required, advanced treatment for

phosphorus removal may be added.

Stage 3. Final clarification

For the final clarification of remaining solids and sludge from the biological step Lamella Separators are

used. The function of the Lamella is similar to a settling tank, but by using sloping lamella inserts it is much

more efficient and very easy to control. The projected surface area given by the Lamella leads to a

reduction of the installation area and an optimal separation process. The treated wastewater is released

into the receiving natural drainage or to the municipal system according to the minimum standards by

DWAF. The plant has a capacity to store the sludge for 90 days to remove the need for separate on-site

facilities. The sludge is collected, stabilized and disposed of at a licenced landfill site.


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Figure 1: Effluent Treatment Plant layout

Figure 2: RBC Package Plant


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4.1. Proposed Development Footprint

The proposed Treatment Effluent Plant will occupy a footprint of approximately 924m2

5. DESCRIPTION AND ASSESSMENT OF IDENTIFIED ALTERNATIVES FOR HANDLING OF

WASTEWATER/SEWAGE

Prior to the undertaking of the basic assessment, pre-screening of viable options for handling of waste

water as well as identification of possible site locations of the plant was undertaken.

5.1. Alternative Location

The following locations were evaluated:

Option 1 (Preferred option) To locate the Effluent plant at the SAPS site i.e. Portion

13 of the Farm Zembe No. 17449 (±1777.54m²) currently

occupied by prefabricated SAPS houses. The houses

are to be removed to make way for the plant. Location

also takes into consideration the aesthetic quality of the

area, therefore the plant is to be located at the back of

the buildings.

Option 2 To located the plant outside the boundary of the Police

Station site. However this will incur additional cost in

terms acquiring the land as well as reticulation of bulk

services to the SAPS complex.

No-go Option

In the event that the applicant (South African Police

Service) does not develop an appropriate

wastewater treatment system; the facilities will

continue to operate in dysfunctional manner and the

existing system (septic tanks system) will be unable

to deal with future needs emanating from the

proposed new SAPS complex.

This will have detrimental impact on the quality of

lives as well as on the bio-physical environment.

Therefore the “no-go” option is not considered

feasible.


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5.2. Alternative Technology/ Treatment Options

i. Process Choice Available

- Pond system

- Septic tank followed by soak-away

- Septic tank followed by Rotating Biological Contactors (RBC) (Preferred Option).

ii. Disinfection Choices Available

- No soak-away, maturation ponds, wetlands, or irrigation

- Chlorination and discharge to watercourse or municipal system

- Application of calcium hypochlorite (HTH) pills, sodium hypochlorite solution

- Ultraviolet (UV) irradiation and discharge to watercourse or municipal system


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6. NEED AND DESIRABILITY OF THE PROPOSED ACTIVITY

The municipality currently has two police stations namely Dududu and Sawoti Police Station. The Dududu

Police Station services four Wards within the Vulamehlo Municipality i.e. Ward no. 4, 5, 6, and 7 and also

four areas which fall within Sisonke District Municipality. These wards accounts for 44 percent of the total

population of the municipality. It should be stated that the current state of the Dududu Police Station

requires urgent upgrade and provision of additional facilities.

Therefore the South African Police Service (SAPS) has identified the need to develop the Dududu Police

Station in order to improve the functionality.

However, it has been established there is currently no bulk municipal sewerage lines adjacent to the site for

out-fall connection hence the need for the alternative way to deal with wastewater.

According to the Vulamehlo Draft IDP Review (2013/2014), the demand for ecosystems to supply waste

assimilation and dilution service already exceeded in most catchment units large areas of the municipality

are not connected to waterborne sanitation servicing and therefore increases the diffuse inflows of

wastewater with low levels of treatment into the receiving environment. Therefore, given the sensitivity of

environmental assets within the municipality and potential impacts on coastal regions, it is recommended

that new industries and developments obtain high levels of servicing such as Waste Water Treatment

Works (WWTW) to limit the impact on the receiving environment.

The development of the police station puts pressure on the existing and inefficient waste management

system. The construction of the waste management facility was recommended by the engineer after having

undertaken a rigorous assessment of the supply and demand of services for the affected properties.

Currently the facility is serviced by four (4) small septic tanks and soakways installations distributed across

the site. The existing combined capacity is less than 20 cubic meters. It has been established that most of

the bulk infrastructure installations require upgrade to a more efficient technology. Furthermore, it is

anticipated that the proposed development will generate temporary employment for the local community

during the construction as well as long term job opportunities during the life cycle of the plant.

In summary, the need is motivated by the demand (i.e. the inability of the municipality to provide sewage at

this point when it is required) and desirability is motivated by the efficiency, environmental and health

concerns.


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7. DESCRIPTION OF THE RECEIVING ENVIRONMENT

7.1. Physical Environment

7.1.1. Topography and Drainage

The municipality is characterised by incisive valleys, river systems, hilly and broken terrain. The fragmented

and steep topography has limited development in the area and greatly determined settlement patterns. The

major river systems within the area are the uMkhomazi, Mpambanyoni and Mthwalume rivers. The other

perennial rivers which flow through Vulamehlo include Nungwane, Lovu, Msimbazi, Mzimayi, uMzinto and

Mkhumbane Rivers.

7.1.2. Climate

The mean annual temperatures for Vulamehlo range from 170 C in the south west, to 200 C in the north and

to the west, therefore the temperatures are generally high.

In terms of the rainfall the Vulamehlo Municipality is a summer rainfall area and therefore most of the rain

occurs during the summer period. While the whole of the municipality receives relatively high levels of

rainfall, the eastern side of the municipality receives the highest annual rainfall (>1000mm/annum), while

the inland areas are drier (some areas as low as 640mm/annum).

7.2. Socio-Economic Environment

The Vulamehlo IDP confers the status of the municipal area to be in dire socio-economic condition as the

municipality is stricken by high levels of poverty, backlog in basic services provision, low level of education,

etc. The upgrading of the police station into a proper functional complex will contribute to the transformation

of the town, from social services deprived to a well serviced rural town. In addition, it is anticipated that

temporary jobs will be created for the locals during the construction phase. There are no elements of this

development that are expected to pose any detrimental impacts to the socio-economic conditions of the

area.


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7.2.1. Population Dynamics

The Vulamehlo Municipality is made up of 10 wards. The Dududu police Station which is the study area

falls in Ward 6 that accounts for 12 percent of the municipal population according to the Statistics South

Africa, 2011. The population dynamics for the municipality is provided in the tables below:

Table 1: Age Distribution (Census 2011)

AGE NO. %

0-4 10 333 13

5-14 18 199 24

15 – 34 26 119 34

35 – 64 17 938 23

65- and Over 4 815 6

TOTAL 77 403 100

Table 2: Population by Wards (Census 2011)

Ward No. NO. %

1 7 185 9

2 7 322 10

3 6 229 8

4 8 044 10

5 10 626 13

6 9 370 12

7 6 153 8

8 6 853 9

9 8 639 11

10 6 981 10

TOTAL 77 403 100


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Table 3: Access to Sanitation (Census 2011)

Household weighted NO. %

None 695 4

Flush toilet (connected

to sewerage system) 444 3

Flush toilet (with septic

tank) 325 2

Chemical toilet 2857 18

Pit toilet with ventilation

(VIP) 4421 27

Pit toilet without

ventilation 6154 38

Bucket toilet 523 3

Other 716 4

TOTAL 16 135 100

7.2.2. Cultural Aspects

There are no cultural, historical and heritage characteristic identified within the site. The likelihood of the

site to have any cultural and heritage significance is minimal. The Heritage Impact Assessment (HIA) has

been undertaken to ascertain whether there are any significant elements to be taken into account. The HIA

report is subject to approval by the relevant authorizing body prior to commencement of construction.

Table 4: Population distribution by language (Census 2011)

LANGUAGE NO %

Afrikaans 279 0.4

English 1 268 1.7

IsiNdebele 1 003 1

IsiXhosa 610 0.8

IsiZulu 72 662 95

Sepedi 234 0.3

Sesotho 52 0.1

Setswana 357 0.5


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Sign Language 246 0.3

SiSwati 18 0.02

Tshivenda 53 0.1

Xitsonga 8 0.01

Other 49 0.1

TOTAL 76 839 100

7.2.3. Economic Aspects

The major economic activity that is currently taking place within the municipality is agriculture. Commercial

sugarcane plantations are found mainly along the eastern areas of the municipality. Large-scale timber

growing is taking place in the south-western parts of Vulamehlo with small pockets situated in the north-

western sections of the Municipality. Timber production is not necessarily labour intensive as large

companies outsource production and operate large tracts of land on a rotation basis. The timber industry

within the Municipality and the Ugu District is regarded as stable with the only threat being out of season

rainfall or lack thereof.

Dududu is the main node in the municipality with most of economic activities taking place within and

therefore is being proposed for the development as a town. The municipal offices and other government

offices including Department of Justice; Department of Social Development; Department of Agriculture;

Department of Education Offices; and Dududu Police Station are located at Dududu.

The table below shows the unemployment rates within the municipality which affects the economy.

Table 5: Employment

( Age 15 –and over) NO %

Unemployed 6 551 15

Employed 5 894 13

Discourage work-seeker 5 165 12

Non-economically Active 26 447 60

TOTAL 44 057 100


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8. REVIEW OF APPLICABLE LEGISLATION AND GUIDELINES

The treatment of effluent with an annual throughput capacity of less than 15 000 m3 is a listed activity in

terms of the National Environmental Management: Waste Act, 59 of 2008 and requires a waste

management licence. In terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of

2008) the SAPS has submitted an application for a Waste Management License to the Department of

Environmental Affairs (DEA).

As in Government Notice No. 718 of 03 July 2009 (in terms of the Waste Act), Category A the following

activity no(s) apply:

Activity 11: The treatment of effluent, wastewater or sewage with an annual throughput capacity of more

than 2 000 cubic metres but less than 15 000 cubic metres.

Activity 18: The construction of facilities for activities listed in Category A for this Schedule (not in isolation

to associated activity).

Due to the category of waste that the proposed activity triggers, that is, Category A, a Waste Management

License Basic Assessment process is being undertaken.

8.1. The South African Constitution (Act 108 of 1996)

The constitution is the supreme law of the republic. Any obligation imposed must be adhered to. Any legislation or

conduct that is inconsistent with the provisions of the constitution is regarded as invalid.

Particular attention should be paid to the “environmental right” set out in Section 24 of the constitution.

In terms of the Act the following is recorded:

Section 24: Environment.-Everyone has the right-

(a) to an environment that is not harmful to their health or well-being; and

(b) to have the environment protected, for the benefit of present and future generations, through

reasonable legislative and other measures that-

(i) prevent pollution and ecological degradation;

(ii) promote conservation; and

(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable

economic and social development.


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8.2. National Environmental Management Act (107 of 1998)

This piece of legislation is considered to be the flagship statute as it provides an underlying framework upon which

environmental management and implementation plans are made, because it embraces all fields of environmental

concern. The fields that are of relevance to the applicant are: pollution control (odour and water) and waste

management as well as land-use planning and development.

One of the fundamental provisions in NEMA is set out in section 2 which sets out 20 principles which assists in the

development of acceptable environmental management practices. The principles set out in this section not only apply

to all organs of state but to every individual that impacts the environment.

All of the principles set out in section 2 are important and should be carefully considered. Some of the principles vis-à-

vis the bio-filter plant as it relates to environmental legal compliance includes:

Environmental management must place people and their needs at the forefront of its concern, and serve their

physical, psychological, developmental, cultural and social interests equitably. (Section 2(2))

Development must be socially, environmentally and economically sustainable.(Section 2(3)

Sustainable development requires the consideration of all relevant factors including the following:

Sustainable development requires that the disturbance of ecosystems and loss of biological diversity are avoided

or where they cannot be altogether avoided, are minimized and remedied. (Section 2(4)(i))

Sustainable Development also requires that pollution and degradation of the environment are avoided, or, where

they cannot be altogether avoided, are minimised and remedied. (Section 2(4)(a)(ii))

“Waste avoidance” – waste is to be avoided, or where it cannot be altogether avoided, should be minimised and

reused or recycled where possible or otherwise disposed of in a responsible manner (Section 2(4) (a) (iv)).

"Responsible use of non-renewable natural resources" – the use and exploitation of non-renewable natural

resources should be responsible and equitable and take into account the depletion of the resource (Section 2(4)

(v)).

"Wise use of renewable sources" – the development, use and exploitation of renewable sources and the

ecosystems of which they are a part should not exceed the level beyond which their integrity is jeopardized.

(Section 2(4) (vi)).

“Precautionary principle” – a risk averse and cautious approach should be applied which takes into account

the limits of current knowledge about the consequences of decisions and actions, and whereby negative impacts

upon the environment and on people’s environmental rights are anticipated and prevented, and where they

cannot be altogether prevented, are minimised and remedied (Section 2(4) (a) (vii) and (viii)).

“Best Practicable Environmental Option” – Environmental management must be integrated, acknowledging

that all elements of the environment are linked or interrelated, and it must take into account the effect of


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decisions on all aspects of the environment and all people in the environment by pursuing the selection in the

best practicable environmental option (Section 2(4)(b)).

“Environmental Justice” – Environmental justice must be pursued so that adverse environmental impacts are

not distributed in such a manner as to unfairly discriminate against any person, particularly vulnerable and

disadvantaged persons (Section 2(4)(c)).

“Cradle-to-grave” – responsibility for the environmental health and safety consequences of a policy, program,

project, product, process, service or activity exists throughout its lifecycle (Section 2(4) (e)).

The participation of all interested and affected parties in environmental governance must be promoted,

and all people must have an opportunity to develop the understanding, skills and capacity necessary for

achieving equitable and effective participation, and participation by vulnerable and disadvantaged persons must

be ensured. (Section 2(4)(f))

Decisions must take into account the interests, needs and values of all interested and affected parties, and this

includes recognizing all forms of knowledge, including traditional and ordinary knowledge. (Section 2(4)(g))

Community wellbeing and empowerment must be promoted through environmental awareness, the sharing of

knowledge and experience and other appropriate means ("environmental education"). (Section 2(4)(h))

“Triple bottom line principle” – Social, economic and environmental impacts of activities, including the

disadvantages and benefits, must be considered, assessed and evaluated, and decisions must be appropriate in

light of such consideration and assessment (Section 2(4)(i)).

“Environmental workers principle” – The right of workers to refuse work that is harmful to human health or the

environment and to be informed of dangers must be respected and promoted (Section 2(4) (j)).

“Transparency principle” – Decisions must be taken in an open and transparent manner and access to

information must be provided in accordance with the law (Section 2(4) (k)).

“Polluter pays” – the costs of remedying pollution, environmental degradation and consequent adverse health

effects and of preventing, controlling or minimising further pollution, environmental damage or adverse health

effects must be paid for by those responsible for harming the environment (Section 2(4) (p).

8.3. National Environmental Management Waste Act (59 of 2008)

Prior to the commencement of NEMWA on the 1 July 2009, the activities authorized by the EIA regulations required

that section 20 of the Environmental Conservation Act 73 of 1989 is applied when making application for applicable

permits. However with the inception of the new act, waste licensing permits will be issued in terms of chapter 5 of

NEMWA. This in essence repeals section 20 of the Environmental Conservation Act 73 of 1989, which means that the

section no longer applies.


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The application of NEMWA is fairly new. It was promulgated to regulate waste management in order to protect health

and to protect the environment by ensuring sustainable, ecological development. NEMWA aims to achieve this by

providing reasonable measures for pollution prevention and ecological degradation. The Act seeks to license and

control waste management activities and to provide for the remediation of contaminated land. The Act also makes

provision for compliance and enforcement.

NEMWA has in Schedule 1 listed waste management activities which require licenses, these activities are further

divided into category A and B activities.

Category A activities are equivalent to those that require a basic assessment process as stipulated in the

environmental impact assessment regulations made under section 24(5) of the National Environmental Management

Act, 1998 (Act No. 107 of 1998).

Category B activities are equivalent to those that require an environmental impact assessment process stipulated in

the environmental impact assessment regulations made under section 24(5) of the National Environmental

Management Act, 1998 (Act No. 107 of 1998).

Chapter one of NEMWA sets out the definitions that is fundamental in understanding the Act’s principles and

interpretation. The definitions that will be of interest and which is applicable to the client are the following: "treatment"

means any method, technique or process that is designed to –

(a) change the physical, biological or chemical character or composition of a waste; or

(b) remove, separate, concentrate or recover a hazardous or toxic component of a waste; or

(c) destroy or reduce the toxicity of a waste, in order to minimize the impact of the waste on the environment prior to

further use or disposal;

"waste" means any substance, whether or not that substance can be reduced, re-used, recycled and recovered –

(a) that is surplus, unwanted, rejected, discarded, abandoned or disposed of;

(b) which the generator has no further use of for the purposes of production;

(c) that must be treated or disposed of ; or

(d) that is defined as a waste by the Minister by notice in the Gazette, and includes waste generated by the

mining, medical or other sector, but -

(i) a by-product is not considered waste; and

(ii) any portion of waste, once re-used, recycled and recovered, ceases to be waste;


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"waste management activity" means any activity listed in Schedule 1 or published by notice in the Gazette under

section 19, and includes –

(a) the importation and exportation of waste;

(b) the generation of waste, including the undertaking of any activity or process that is likely to result

in the generation of waste;

(c) the accumulation and storage of waste;

(d) the collection and handling of waste;

(e) the reduction, re-use, recycling and recovery of waste;

(f) the trading in waste;

(g) the transportation of waste;

(h) the transfer of waste;

(i) the treatment of waste; and

(j) the disposal of waste;

"waste treatment facility" means any site that is used to accumulate waste for the purpose of storage, recovery,

treatment, reprocessing, recycling or sorting of that waste.

Anyone operating a waste treatment facility, such as the bio-filter plant is considered to be a waste holder in terms of

the definitions of the act; hence in terms of section 16 (1), it has a general duty in respect of waste management,

some of which includes but is not limited to;

Avoid the generation of waste and where it cannot avoid the generation of waste then it needs to minimize

the amounts and the toxicity of the waste that is generated

Reduce, recycle, re-use and recover waste where possible

In the event it becomes necessary to dispose of the waste, ensure that the waste is treated and disposed of

in a manner that is environmentally sound;

Ensure that the waste is managed in a manner that does not adversely impact on the people’s health, nor

must it endanger the environment or cause nuisance through noise, odour or visual impacts.

Prevent any employee under its supervision from contravening the provisions of the Act.

Part 4 of NEMWA deals with waste management activities. The minister has the right, by notice, to publish a list of

waste management activities that have or is likely to have a detrimental effect on the environment. Once the minister

publishes such a list, the list of waste-related activities in terms of section 24(2) of NEMA will be repealed.


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According to section 20 a person cannot undertake, commence or conduct a waste management activity unless it is

undertaken or conducted in accordance with the requirements and standards for that activity [provided for in terms of s

19(3)] or alternatively it possesses a waste management license issued in respect of that activity, if such a license is

required.

Part 5 deals with the storage, collection and transportation of waste. Section 21 sets out the general requirements for

the storage and treatment of waste which the applicant must adhere to. The section states that a person must take

steps to ensure that:

the containers in which the waste is stored is intact and not corroded or in any way rendered unfit for the

safe storage of the waste;

accidental spillage or leaking is prevented;

the waste cannot be blown away;

nuisances such as odour, visual impacts and breeding of vectors do not arise;

pollution of the environment and harm to health are prevented.

The applicant during the course of its proposed activity will also generate general waste and therefore need to take

cognizance of how such waste is to be stored collected and transported. The sections below provide such a guideline

and client should take note of this.

The storage of general waste is set out in section 22. The general waste that client generates will be collected by the

municipality. Prior to collection such waste must be placed in a container approved, designated or provided by the

municipality for that purpose and in a location approved or authorized by the municipality. The waste that is reusable,

recyclable or recoverable and that is intended to be reduced, re-used, recycled or recovered in accordance with

NEMWA or any applicable by-laws need not be placed in a container provided for by the municipality.

In terms of section 24, the client must ensure that no person collects the waste for removal from premises unless such

person is;

a municipality or municipal service provider;

authorized by law to collect that waste, where authorization is required; or

not prohibited from collecting that waste.

Should the proposed activity require a waste management license, an application thereof needs to be made.

The applicant needs to refer to the sections below:


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Sections 45 deals with application for waste management licenses, which states that should you require a license, an

application needs to be lodged with the licensing authority. The application must be accompanied by the prescribed

processing fee and all documentation and information that may be reasonably required by the licensing authority.

Section 47 sets out the procedure for waste management license applications.

Section 48 sets out the factors to be taken into account by licensing authority and section 51 the contents of the waste

management licenses.

8.4. NEMWA Regulations- Promulgated in September 2013

The new Regulations and standards for Waste Classification and Management Regulations (GNR 634 of 23 August

2013) have been promulgated under the NEMWA by the Department of Environmental Affairs. The regulations also

include National Standards for Leach Tests and Screening Values for Risk Profiling of Waste streams.

The main purpose of GN R 634 is the following:

Classification according to GHS – SANS 10234

Must classify waste within 180 days – no holder of waste may be in possession of unclassified waste after 180 days

All waste other than pre-classified waste must be classified

May not mix or dilute waste prior to classification

Reclassify if change input material or process

A safety data sheet must be prepared - accompany waste at all times

Waste containers must be labelled identifying content & date of containerisation - within 2 months

Waste must be treated, reused, recovered or disposed of within 18 months of generation The following waste is pre-classified and does not require classification or Assessment in terms of Annexure 1:

Waste that does not require Classification or Assessment:

General Waste

Domestic waste;

Business waste not containing hazardous waste or hazardous chemicals;

Non-infectious animal carcasses;

Garden waste;

Waste packaging;

Waste tyres;


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Building and demolition waste not containing hazardous waste or hazardous chemicals; and

Excavated earth material not containing hazardous waste or hazardous chemicals.

Hazardous Waste

Waste products:

Asbestos Waste

PCB waste or PCB containing waste (>50 mg/kg or 50ppm); and

Expired, spoilt or unusable hazardous products.

Mixed waste:

General waste, excluding domestic waste which contains hazardous waste or hazardous chemicals; and

Mixed hazardous chemical waste from analytical laboratories and laboratories from academic institutions in

containers less than 100 litres.

Other:

Health Care Risk Waste (HCRW).

8.5. Water Services Act (108 of 1997)

The Water Services Act (WSA) recognizes the rights of access to a basic water supply and to an environment that is

not harmful to health or well-being. WSA further regulates the industrial use of water, including the disposal of

industrial effluent and sets out the requisite authority for such use.

Thus, while the NWA is concerned with the overall management and conservation of the nation’s water resources, the

purpose of the WSA is to provide a regulatory framework for local authorities to supply water and sanitation services in

their respective area. It does so by establishing local governments as “water service authorities” and placing certain

responsibilities on them. Although the applicant is not a “water service authority” it is obligated to ensure that the

provision of sanitation services is undertaken in a manner consistent with the broader goals of water resource

management.

The WSA states that its specific objective is to provide for:

(a) The right of access to a basic water supply and the right to basic sanitation necessary to secure sufficient water

and an environment not harmful to human health and well-being;


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(b) The setting of national standards and norms and standards for tariffs in respect of water services;

(c) The preparation and adoption of water services development plans by water services authorities.

Although the WSA does not deal with issues of water resource management and allocation, the objective of the WSA

is to provide such services in an environment not harmful to human health and well-being. It would accordingly only

be important to consider the long term effects of any emissions from the plant insofar as same might impact or

adversely affect access to the utilisation of water in the surroundings.

8.6. National Water Act (36 of 1998)

The Department of Water Affairs (DWA) is mandated to enforce laws associated with water use.

The NWA (Act no 36 of 1998) recognises that water is a scarce resource in South Africa and its provisions are aimed

at achieving sustainable use of water to the benefit of all users. The provisions of the NWA are thus aimed at

discouraging pollution and waste of water resources.

The identified water use activities in term of Section 21 of the Act are recorded as follows:

Section 21

(a) taking water from a water resource;

(b) storing water;

(c) impeding or diverting the flow of water in a watercourse;

(d) engaging in a streamflow reduction activity contemplated in Section 36 of the Act;

(e) engaging in a controlled activity identified as such in section 37(1) or declared under section 38(1);

(f) discharging waste or water containing waste into a water resource through a pipe, canal, sewer, sea

outfall or other conduit;

(g) disposing of waste in a manner which may detrimentally impact on a water resource.

(h) disposing in any manner of water which contains waste from, or which has been heated in, any

industrial or power generation process;

(i) altering the bed, banks, course or characteristics of a watercourse;

(j) removing, discharging or disposing of water found underground if it is necessary for the efficient

continuation of an activity or for the safety of people;

(k) using water for recreational purposes.

All water use activities in terms of Section 21 require a license unless exempted by a general authorisation.


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8.7. The Health Care Act 60 of 1977

During the operational phase, the plant operator will have to ensure that it complies with all provisions of the HCA.

One of the specified objectives of the HCA is to “provide for measures for the promotion of health for the inhabitants of

the Republic of South Africa”.

The HCA specifically refers to the term “nuisance” which is defined in the definition part of the Act as follows:

“(a) any stream, pool, marsh, ditch, gutter, watercourse, cistern, water closet, earth closet, urinal, cesspool,

cesspit, drain, sewer, dung pit, slop tank, ash heap or dung heap so foul or in such a state or so situated or

constructed as to be offensive or to be injurious or dangerous to health;

(b) any stable, kraal, shed, run or premises used for the keeping of animals or birds and which is so

constructed, situated, used or kept as to be offensive or to be injurious or dangerous to health;

(c) any accumulation of refuse, offal, manure or other matter which is offensive or injurious or dangerous to

health;

(d) any public building which is so situated, constructed, used or kept as to be unsafe or to be injurious or

dangerous to health;

(e) any occupied dwelling for which no proper and sufficient supply of pure water is available within a

reasonable distance;

(f) any factory or industrial or business premises not kept in a cleanly state and free from offensive smells

arising from any drain, water closet, earth closet, urinal or any other source or not ventilated so as to destroy

or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities

generated or so overcrowded or so badly lighted or ventilated as to be injurious or dangerous to the health

of those employed therein or thereon;

(g) any factory or industrial or business premises causing or giving rise to smells or effluvia which are

offensive or which are injurious or dangerous to health;

(h) any area of land kept or permitted to remain in such state as to be offensive;

(i) any other activity, condition or thing declared to be a nuisance by the Minister in respect of the provisions

of Section 39(2).”

The above clauses clearly illustrate the connection between the concepts of “environmental rights” and “human

health”.

The Act imposes various obligations on local authorities. As regard nuisance and related problems, it specially

provides that they take all lawful, necessary and reasonable practicable measures to maintain the district in a hygienic


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clean condition at all times and also to prevent nuisance, any offensive and unhygienic condition in the district or any

other condition which could be harmful or dangerous to the people of the district (Section 20).

8.8. National Air Quality Act

The aim of this Act is to regulate the \ air quality in order to protect the environment by providing reasonable measures

for the prevention of pollution and ecological degradation and for securing ecologically sustainable development while

promoting justifiable economic and social development; to provide for national norms and standards regulating air

quality monitoring, management and control by all spheres of government; for specific air quality measures; and for

matters incidental thereto.

NEMAQA may list activities which may result in atmospheric emissions and which may have a significant detrimental

effect on the environment. Government Gazette 32434 of 24 July 2009 listed activities which require an atmospheric

emission license before it commences.

8.9. National Heritage Resources Act No 25 of 1999

The primary objective of the Act is to provide for an integrated and interactive system for the management,

conservation, protection of the heritage resources. This is relevant to the study are as it has been established that the

site has an association with the Bambatha Uprising of 1906.

In addition one of the buildings within the prison site has low heritage significance at the local level for its historical

value. However, the other two buildings located in an area earmarked for the location of the plant have no historical

significance.

Section 38 (1) of the National Heritage Resources Act of 1999 requires a heritage impact assessment in case of:

- The construction of a road, wall, power line, pipeline, canal or other similar form of linear development or

barrier exceeding 300m in length;

- The construction of a bridge or similar structure exceeding 50m in length;

any development or other activity which will change the character of a site-

i Exceeding 5000 m2 in extent ; or

ii Involving three or more existing erven or subdivisions thereof ; or

iii Involving three or more erven or divisions there of which have been consolidated within the past

five years ;or

iv The costs of which will exceed a sum set in terms of regulations by SAHRA or a provincial heritage

resources authority;

- The re-zoning of a site exceeding 10000 m2 in extent; or


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- Any other category of development provided for in regulations by SAHRA or a provincial heritage resources

authority.

Definitions of heritage resources

The Act defines a heritage resource as any place or object of cultural significance i.e. of aesthetic, architectural,

historical, scientific, social, spiritual, linguistic or technological value or significance. This includes, but is not limited

to, the following wide range of places and objects:

- Living heritage as defined in the National Heritage Council Act No 11 of 1999 (cultural tradition; oral history;

performance; ritual; popular memory; skills and techniques; indigenous knowledge systems; and the holistic

approach to nature, society and social relationships);

- Ecofacts (non-artificial organic or environmental remains that may reveal aspects of past human activity;

definition used in KwaZulu-Natal Heritage Act 2008); places, buildings, structures and equipment;

- Places to which oral traditions are attached or which are associated with living heritage; historical

settlements and townscapes;

- Landscapes and natural features;

- Geological sites of scientific or cultural importance;

- Archaeological and paleontological sites;

- Graves and burial grounds;

- Sites of significance relating to the history of slavery in South Africa;

- Movable objects, but excluding any object made by a living person;

- battlefields; and

- traditional building techniques.

8.10. KwaZulu Natal Heritage Act No 4 of 2008

8.11. The KwaZulu-Natal Heritage Act, 1997 (Act No. 10 of 1997)

The aim of the KwaZulu-Natal Heritage Act (Act No. 10 of 1997) is to provide for the establishment of a statutory

body to administer heritage conservation on behalf of the provincial government of KwaZulu-Natal, namely AMAFA

aKwaZulu-Natali (AMAFA).

Section 27 of the Act states that the developer must notify AMAFA if a proposed development falls under any of the

following categories:

Developments (roads, walls, powerlines, pipelines) more than 300m in length;


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Bridges greater than 50 m in length;

Proposed developments exceeding 10 000m²;

Proposed developments exceeding three or more erven;

Proposed developments exceeding three or more existing erven consolidated within past five years;

Proposed development will exceed a cost set in terms of regulations;

Any other category provided for in regulations.

The site has undergone a Heritage Assessment in terms of this Act.

8.12. Provincial Laws

8.12.1. Local Authorities Ordinance 25 of 1974

The definitions in the ordinance provide guidance on applicability of activities.

Section 1: Definitions –

“nuisance” means any condition, thing, act or omission which is offensive or injurious or which tends to prejudice the

safety, good order, peace or health of the area of any local authority of part thereof or the rights or reasonable

comfort, convenience, peace or quiet of any neighbourhood within the area of any local authority.

Section 266: Purposes for which bylaws may be made –

This Ordinance states that, subject to certain provisions contained within the Ordinance, the Council may make

bylaws for giving proper effect to any of the powers and duties conferred or imposed upon it by this Ordinance or any

other law: provided that no bylaw is made which is inconsistent with or repugnant to the provisions of this Ordinance

or any other statutory law or regulation in force. Bylaws may be made in respect of inter alias –

Atmospheric Pollution – regulating or prohibiting the emission or emanation from places or buildings of dust and

grit not controlled in terms of the provisions of the Atmospheric Pollution Prevention Act 45 of 1965 (Section 266(c);

Litter and environmental pollution –

(i) controlling or prohibiting the deposit of litter of any kind or acts likely to add to a litter problem or the

disfigurement or pollution of the environment;

(ii) compelling owners or occupiers to keep their premises clean and free from filth, debris, rubbish, glass,

paper, rags, tins, bottles, plastic articles, derelict or old motor vehicles bodies or parts, scrap metal, lumber

and the like, and any vegetable growth in the nature of weeds and undergrowth which is unsightly or is likely


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to become a nuisance or injurious to health or to cause annoyance to the inhabitants of the neighbourhood.

(Section 266(i))

Sanitation – regulating the methods to be employed for dealing with refuse, rubbish and other waste materials,

waste water and offensive liquids and generally offensive matter and liquids of any description, and the collection,

removal, destruction or other disposal of the same; prohibiting the drainage or percolation of deposit of any such

thing into or in any public street or place or unauthorised place; and enforcing measures deemed necessary to

ensure cleanliness and the observance of sanitary methods and practices upon premises, including premises used

for any trade, business, calling or occupation (Section 266(t)(iii)).

Trades, business, occupation and callings – regulating, registering, inspecting and supervising the carrying on of

trades, businesses, occupations and callings (whether they require to be licensed or not) and the premises, vehicles

and equipment in which they are carried on and such as may be used in connection therewith (Section 266(u)(i)).

Nuisances – regulating any of the matters referred to in the Ordinance for the prevention and abatement of

nuisances or specified nuisances including inter alia the making of unseemly noises, the burning or rubbish or refuse,

offensive smells and unsanitary practices and conditions, and creation of smoke nuisances; and providing for the

entry by members of the police or authorised officers, or both, upon premises upon which any nuisance exists or is

being created or is suspected of existing or being created, and authorising any such officer to take such measures as

may be deemed necessary for abating and preventing any nuisance (Section 266(l)).

Water supply and drainage – regulating the supply and distribution of water under the control and management of

the council; preventing waste, undue consumption and misuse thereof; prohibiting and preventing the pollution of

water which the inhabitants have a right to use; and compelling occupiers to maintain in good order and repair, pipes,

taps and fittings of any water furrow traversing or abutting on their premises (Section 266(w) (i)).

8.12.2. Prevention of Environmental Pollution Ordinance (KZN) 21 of 1981

This Ordinance is administered by the Department of Environmental Affairs and Tourism.

Section 2 has applicability. It reads as follows:

In terms of this Ordinance no person may in any manner, whether willfully or negligently, perform any act of littering

or pollution on, in or into any land whether public or private or the sea or inland waters unless their act;

is authorised by law;

is authorised by a permit issued, in his discretion by the Provincial secretary, subject to such conditions as

he may deem desirable;

is unavoidable;


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is performed on private land by the owner or occupier thereof, does not have any results visible or

detectable from a public road or place, and is not likely to cause littering or any other land, inland waters or

the sea:

is done with a view to-

(i) the immediate destruction of the litter involved;

(ii) the immediate and effective burying of such litter;

(iii) the making of compost forms part of the reasonable farming or horticultural methods. (Section 2(1))

Section 6: Penalties –

Any person who contravenes any provision of this Ordinance shall be guilty of an offence and be liable to a fine not

exceeding R1 000 or in default of payment to imprisonment for a period not exceeding 12 months or to both such fine

and imprisonment without the option of a fine.

In terms of the Regulations to the Ordinance (PN115 of 11 March 1982), where any act of pollution has been

performed on any land or inland waters, the owner of the land or land which abuts such water will, unless the

contrary is proved, be deemed to be guilty of contravening the Ordinance.


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9. DETAILS OF PUBLIC PARTICIPATION

In terms of the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008) a public

participation process (PPP) must ensue with the application for a WML. The DEA have issued a further

directive based on the alignment of the PPP to that of the EIA regulations. In essence, if the waste trigger

for the license is a Category A, then a Basic Assessment (BA) process shall be followed and therefore a

single PPP preceding the compilation of the BA report (BAR).

9.1. Advertising

The advertisements inviting all I&AP’s and relevant stakeholders will be placed in the following local and

provincial newspapers:

Name of Newspaper Date of Publication Language

South Coast Herald 17 October 2013 English

Ilanga 17 October 2013 IsiZulu

Refer to Appendix 7

9.2. Notice to I&AP’s

Written notices will be sent to all I&AP’s to inform them about the project. The owners and occupiers of land

within 100m of the boundary of the site will be given notice letters.

9.3. Site Notices

The site notices will be displayed in and around the main access points of the proposed site and also along

the Dududu main road. (Refer to Appendix 8)

9.4. Summary of comments received from I& AP’s

To be recorded in the final BAR


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10. DESCRIPTION OF ENVIRONMENTAL ISSUES & POTENTIAL IMPACTS, INCLUDING

CUMULATIVE IMPACTS IDENTIFIED

10.1. Pre- Construction Phase Impacts

Environmental

Aspect

Description of possible impact Nature impact:

Direct/Indirect Positive /

Negative

Soil and geology - Loss of soil and potential erosion

during construction

Direct Negative

- Disturbance on the underlying

geological condition as a result of

excavation

Direct Negative

Surface water - Water pollution as a result of run-off

water and effluent

Indirect Negative

Nuisance impacts - noise pollution Direct Negative

- dust and air pollution Direct Negative

- traffic congestion caused by

construction vehicles

Indirect Negative

Socio-economic - job creation opportunities Indirect Positive

- health and safety issues Indirect Negative

Solid Waste - improper handling and temporary

storage of waste generated from

construction on-site waste

Indirect Negative


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10.2. Construction Phase Impacts

Environmental element Description of possible impact

Soil and geology - Loss of soil and erosion during construction

- Disturbance on the underlying geological condition

as a result of excavation

Surface water - Water pollution as a result of run-off water

Nuisance impacts - noise pollution

- dust and air pollution

- traffic congestion caused by construction vehicles

Socio-economic - job creation opportunities

- health and safety issues

Solid Waste - temporary waste generation

- improper disposal of construction rubble

10.3. Operational Phase Impacts

Environmental element Description of possible impact

Soil - Soil contamination due to effluent spillages

Ground and surface water - Surface water pollution as a result of run-off water

and uncontrolled effluent discharge

- Ground water pollution due to uncontrolled leakage

and spillage of effluent

Air quality - Unpleasant odours due to effluent discharge

Socio-economic - job creation opportunities

- health and safety issues


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10.4. Cumulative impacts

The possible cumulative impact s are largely attributed to, but not limited:

- visual impact of the plant

- air and water quality as a result of effluent discharge to water course and effluent emission

11. IMPACT ASSESSMENT

11.1. Method of assessment for potential environmental impact:

Potential environmental impacts are evaluated according to their severity, duration and extent together with

their frequency and probability. The methodology derives environmental significance on the basis of the

impact on the environment and the likelihood of the impact occurring. Consequence is calculated as the

average of the sum of the ratings of severity, duration and extent. Likelihood is the average of frequency

and probability. Significance is the sum of consequence and likelihood.

a) Consequence

Consequence is calculated as the average of the sum of the ratings of severity, duration and extent of the

impact.

Severity

Rating:

1 Negligible / non-harmful / minimal deterioration

2 Minor / potentially harmful / measurable deterioration

3 Moderate / harmful / moderate deterioration

4 Significant / very harmful / substantial deterioration

5 Irreversible / permanent deterioration

Duration

Rating:

1 Less than 1 month / quickly reversible

2 Less than 1 year / quickly reversible

3 More than 1 year / reversible over time

4 More than 10 years / reversible over time / life of the project


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5 Beyond the life of the facility / permanent

Extent

Rating:

1 Within the immediate area of the activity

2 Surrounding area within the project boundary

3 Beyond the project boundary

4 Regional / provincial

5 National / international

Consequence equals (Severity + Duration + Extent)/3.

b) Likelihood

Likelihood is calculated from the frequency of the activity and the probability of an environmental impact

occurring.

Frequency

Rating:

1 Annually or less

2 Six monthly

3 Monthly

4 Weekly

5 Daily

Probability

Rating:

1 Almost impossible

2 Very seldom / highly unlikely

3 Infrequent / unlikely

4 Often / likely / possible

5 Definite / highly likely

Likelihood equals (Frequency + Probability)/2


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c) Significance

Significance equals (Consequence x Likelihood) C x L

1 – 4.9 Low environmental significance

5 – 9.9 Low to medium environmental significance

10 – 14.9 Medium to high environmental significance

15 – 19.9 Medium to high environmental significance

20 – 25 High environmental significance


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12. ASSESSMENT OF THE IDENTIFIED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

Activity Impact summary Assessment Proposed Mitigation Measures

CONSTRUCTION IMPACTS

Soil and geology - Loss of soil and

erosion during

construction

- Disturbance on

the underlying

geological

condition as a

result of

excavation

Severity Negligible/non-harmful/minimal deterioration

Installation of temporary silt fences for sediment control.

The installation of the proposed plant has negligible to low

impact on the underlying geological conditions Duration Less than 1 month / quickly reversible

Extent Within the immediate area of the activity

Frequency Monthly

Probability Infrequent / unlikely

Significance Low

Surface water Water pollution as a result of run-off water

Severity Minor / potentially harmful / measurable deterioration

Drainage shall be controlled to ensure that runoff from the

site will not culminate in offsite pollution or result in damage

to properties downstream of any stormwater discharge.

Duration Less than 1 year / quickly reversible


Frequency Monthly

Probability likely / possible

Significance Low to Medium

Nuisance impacts


Construction noise shall be kept at minimal levels to avoid

any likely nuisance to surrounding properties. Machinery


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- noise pollution - dust and air

pollution - traffic congestion

caused by construction vehicles


with minimal noise output levels should be used.

General housekeeping standards shall be maintained i.e. use of personal protective equipment Signage shall be installed around site entrance/s to notify commuters about the on-going construction.

Extent 3 Beyond the project boundary

Frequency Monthly


Significance Low to medium

health and safety issues

Severity Moderate / harmful / moderate deterioration

Use signage to notify the immediate property owners of works and nature of potential danger. General housekeeping standards shall be maintained i.e. use of personal protective equipment



Frequency Monthly


Significance Low to medium

Waste - temporary waste

generation - improper disposal

of construction rubble


Waste generated from construction will be packaged and

stored in appropriate bins within the site at temporary

designated area prior to disposal.

Waste will be collected and disposed off at the licenced

landfill site

Duration Less than 1 month / quickly reversible


Frequency Monthly


Significance Low

Duration Less than 1 month / quickly reversible

Extent Surrounding area within the project boundary

Frequency Monthly


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Significance Low

OPERATIONAL IMPACTS

Soil - Soil contamination

due to effluent spillages

Severity Negligible/non-

harmful/minimal

deterioration

The plant operator shall adopt appropriate spillage

recovery procedure to void soil contamination due to

effluent spillages

The facility will be bunded in accordance with appropriate

standards.

Duration Less than 1 month /

quickly reversible

Extent Within the immediate

area of the activity

Frequency Monthly


Significance Low

Ground and surface water - Surface water

pollution as a result of run-off water and uncontrolled effluent discharge

- Ground water pollution due to uncontrolled leakage and

Severity Minor / potentially

harmful / measurable

deterioration

Appropriate design of sewerage reticulation system to

ensure competent operation of sewage treatment and

separated from consumable water system.

Duration Less than 1 year /

quickly reversible



Frequency Monthly


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spillage of effluent Probability likely / possible


Air quality - Unpleasant odours

due to effluent discharge

Severity Minor / potentially

harmful / measurable

deterioration

A biological contactors will need approximately 900m2 buffered from the buildings due to the production of obnoxious smells. The site will take into account prevailing wind directions.

Duration Less than 1 year /

quickly reversible



Frequency Monthly




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13. DESCRIPTION OF ANY ASSUMPTIONS, UNCERTAINTIES AND GAPS IN KNOWLEDGE

It is acknowledged that the activity that is not yet operational can only be modelled on what the technology

describe as being able to achieve. There is no guarantee that poor management and lack of compliance

practices will not compromise the integrity of the technology.

The assessment is based on the assumption that the applicant will comply with the relevant legislation and

policies guiding the operation of this activity.

14. CONCLUSION AND RECOMMENDATIONS

The assessment indicates minimal environmental impacts associated with the proposed plant. Any potential negative

environmental impact will require low to moderate mitigation measures in order to comply fully with the National

Environmental Management: Waste Act 59 of 2008 and other legislation that has been mentioned in the

report.

However, the environment as stipulated in the National Environmental Management Act 107 of 1998, must at

all times support a healthy working environment, not only to the people directly associated with the functioning of

the site, but also the communities surrounding the site.

It is recommended that the WML is granted to the applicant with the necessary conditions as seen fit and appropriate

by the authorities.

Documents

Draft Basic Assessment Report (BAR) - Pravin Amar Draft...Pravin Amar Development Planners is appointed by the SAPS to undertake a Basic Assessment in terms of the National Environmental