TRAINING AND DESIGNATIONThe Environmental Management Inspectorate

TRAINING AND DESIGNATION OF MUNICIPAL EMIs – PART II

AQG Lekgotla, Polokwane, 12 October 2010Mark Jardine

Director: Compliance and Enforcement SupportLegislative FrameworkChallenges, Achievements and Lessons LearntDepartment of Environmental Affairs and TourismDWAF/DEAT Meeting – 12 August 2008

Director: Compliance and Enforcement Support

Recent developments since the last Recent developments since the last LekgotlaLekgotla in October 2009…in October 2009… Feedback from national workshop in

January 2010; Training: National Diploma for EHP and

peace officers training; Current status of the Inspectorate; Draft national guideline: progress report

January 2010 WorkshopJanuary 2010 WorkshopThe attendees: 1 national and 9 provincial environmental

authorities;authorities; 17 local authorities; DOH, HPCSA and SAIEH; Invitations to SALGA and COGTA.The agenda: Breakaway groups to discuss national guideline; Breakaway groups to discuss national guideline; Joint strategic compliance inspections; S30 NEMA Emergency Incidents;g y ; Referral of environmental complaints and

incidents; Provincial action plans re: municipal EMIs Provincial action plans re: municipal EMIs

January 2010 WorkshopJanuary 2010 WorkshopJanuary 2010 WorkshopJanuary 2010 WorkshopThe (main) debating points: EHP and the EMI; EHP and the EMI; Human and Financial

Resource variation amongst the local authorities (metro v rural);rural);

Training: cost and application of RPL;

Municipal structures/functions:structures/functions: environmental health and environmental management;

Designating authority: Minister MEC Mayor;Minister, MEC, Mayor;

Ongoing role of national and provincial authorities.

January 2010 WorkshopJanuary 2010 WorkshopDEA’s homework: Continue with consultative process on the

draft national guideline and engage SALGA;

Compare the EHP and the EMI qualifications and assess alignment…

January 2010 WorkshopJanuary 2010 WorkshopFurther follow-up consultation: Through the DEA’s Local Government

S t ASD f th lt ti thSupport: ASDs further consultation on the draft guideline:

Key comments:Key comments: EMI function = additional duties on

municipalities (other than original powers);p ( g p ) Self-policing: non-compliant local

authorities; Biodiversity issues: alien and invasive

species regulation; Bylaws v NEMA/SEMAs; Bylaws v NEMA/SEMAs;

EMI TrainingEMI TrainingEMI TrainingEMI Training EMI Basic Training 2010 –

UNISA (1st and 2ndUNISA (1st and 2nd

semester), CPUT (2 courses – brown and green) and UP (2nd semester);

UNISA 1st semester – 10 NORAD funded local authority officials enrolled;authority officials enrolled;

Increasing number of municipal officials at themunicipal officials at the 2010 EMI Basic Training at all three institutions (UNISA 2nd semester: 12 out of 32).

EMI EMI –– EHP TrainingEHP Training 18 June 2010 – follow up meeting with

Health Profession Council of SA, TshwaneUniversity of Technology. City of Johannesburg, National Department of Health UNISA and DEA: AQM: discussHealth, UNISA and DEA: AQM: discuss EMI/EHP issues;

Follow up series of meetings with DEA and Follow up series of meetings with DEA and TUT (Engelbrecht/Nel): Undertake a gap analysis between the EMI Basic Training y gand the National Diploma in Environmental Health.

EMIEMI--EHP comparisonEHP comparison –– Key FindingsKey FindingsEMIEMI EHP comparison EHP comparison Key FindingsKey Findings

Functions: both compliance monitoring and enforcement;

Mandate: NEMA/SEMA and EHP S fScope of Practice similar especially in respect of waste and air quality;P i il i ti Powers: very similar inspection, administrative and criminal enforcement;enforcement;

Management: EHP = professional body (HPCSA); EMI=nonebody (HPCSA); EMI=none.

EMIEMI--EHP comparisonEHP comparison –– Key FindingsKey FindingsEMIEMI EHP comparison EHP comparison Key FindingsKey Findings

Content: f EHP course is a scientific,

technical course with a flavourof law enforcement v EMI course is a law enforcement course with a flavour of science/environmental;

EMI caters for on-the-jobtraining v EHP Diploma: full time students;

EMI – most similarities with subjects in Management Practice III and the peace officers course.

EMIEMI--EHP training: Way EHP training: Way F dF dForwardForward Working towards incorporation of the EMI Basic

Training material in the National Diploma/BtechTraining material in the National Diploma/Btechand the peace officers’ course (TUT and MolaoAcademy);

Convene a meeting with other Universities ofConvene a meeting with other Universities of Technology with the aim of widespread mainstreaming of EMI course(early 2011) into EHP qualification;

Presentation to the HPCSA Board for their approval (early 2011);

NOTE: this will only assist in aligning the two y g gqualifications for Nat.Dip students – still need to finalise a workable model for existing EHPs that have not already undergone the EMI Basic Training courses.

Status quo of the InspectorateStatus quo of the InspectorateStatus quo of the InspectorateStatus quo of the Inspectorate

Status quo of the Inspectorate Status quo of the Inspectorate ––G BG BGreen v BrownGreen v Brown

Biodiversity/Conservation vs Pollution and Waste EMIs

Brown

EMIs

Green 76% (820)

Brown 24% (253)

76% (820)

Status quo of the Inspectorate Status quo of the Inspectorate ––EMI i d l l h i iEMI i d l l h i iEMI trained local authoritiesEMI trained local authorities

Potential Increase in EMI Capacity with trained local authority officials

Local

authority officials

Authority22% (70)

Brown 78% (253)

Status quo of the Inspectorate Status quo of the Inspectorate ––it f NEM WA d AQAit f NEM WA d AQAcapacity for NEM:WA and AQAcapacity for NEM:WA and AQA

Estimated Deficit in EMI for Waste Act – National

EMI Institutions No.

N ti l 37for Waste Act – National Waste Management

Strategy

National 37

Western Cape 25

KwaZulu-Natal 40

Brown & LADeficit

Gauteng 41

Limpopo 10

Eastern Cape 6LA(323)40%

Deficit(487)60%

p

Free State 5

Mpumalanga 20

Northern Cape 30

Northwest 30

Municipalities 283 x 2 566

TOTAL 810

Status quo of the Inspectorate Status quo of the Inspectorate Ch llCh ll-- ChallengesChallenges

No-one knows for sure exactly how many EMIs it will take to ensure effectiveEMIs it will take to ensure effective implementation of NEMA/SEMAs –emerge over time, but for “brown” issues, we probably need more warm bodies

Not only about quantity, also about quality: move away from APPA/ECA to NEM:WA and AQA: training needs to be supported by on the jobsupported by on the job mentoring/support from experienced officials;

Can only begin to estimate the number required if we know what nationalrequired if we know what national, provincial and local compliance and enforcement functions are in terms of NEMA/SEMA’s – complex issue re: constitutional split.p

Draft National Guideline for Draft National Guideline for M i i l EMIM i i l EMIMunicipal EMIsMunicipal EMIs

Objectives: Establish national

platform for the designation and goperation of municipal EMIs to commence;

Guide the designatingGuide the designating authority of key principles (enabling –not prescriptive);not prescriptive);

Clarify the EMI role of local authorities in relation to the SEMAsrelation to the SEMAs

NEM:AQA: Local AuthorityNEM:AQA: Local AuthorityFunctional area of

exclusive local

authority

Schedule

to the

Constituti

on

Compliance and Enforcement Duty in SEMA Section in

NEM:AQA

on

Air Pollution Schedule

4 Part B

Compliance and enforcement with the conditions of an atmospheric emission licence (AEL) S18

Enforcement in respect of facility undertaking a listed activity without an AEL (i.e. illegal activity). S18

Compliance and enforcement in respect of the manufacture, sale or use of any appliance or conduct

an activity declared as a controlled emitter unless that appliance or activity complies with the

standards established in terms of section 24.

S24

Enforcement response for failure to submit an atmospheric impact report requested by the

municipal air quality officer

S30

Noise pollution Schedule

5 Part B

Compliance and enforcement in respect of standards published by the Minister for the control of

noise.

S33

Control of public

nuisances

Schedule

5 Part B

Compliance and enforcement in respect of regulations published by the Minister/MEC for the control

of dust

S32

nuisances 5 Part B of dust

Compliance and enforcement in respect of regulations published by the Minister/MEC for the

offensive odours

S34

NEM:WA: Local AuthorityNEM:WA: Local AuthorityF ti l f S h d l t th C li d E f t D t i SEMA SectioFunctional area of

exclusive l authority

Schedule to the

Constitution

Compliance and Enforcement Duty in SEMA Sectio

n in

NEM:W

A

S16Control of public

nuisances

Schedule 5 Part

B

Holder of a waste licence must manage the waste in such a manner that it does not endanger health or

the environment or cause a nuisance through noise, odour or visual impacts.

S16

Control of public

nuisances

Schedule 5 Part

B

Any person who stores waste must at least take steps to ensure that, inter alia, nuisance, such as

odour, visual impacts and the breeding of vectors does not arise

S21

Refuse removal, refuse

dumps and solid waste

disposal

Schedule 5 Part

B

A person who generates general waste must place it in a container approved, designated or provided

by the municipality for that purpose and in a location approved or authorized.

S22

Refuse removal refuse Schedule 5 Part No person may collect waste for removal from premises unless it is a municipality/municipal service S24Refuse removal, refuse

dumps and solid waste

disposal

Schedule 5 Part

B

No person may collect waste for removal from premises unless it is a municipality/municipal service provider/authorized/not prohibited

S24

Control of public Schedule 5 Part A person who is in control of a vehicle, or is in position to control the use of a vehicle, that is used to transport aste for the p rpose of offloading that aste is g ilt of an offence if that person

S25

nuisances Btransport waste for the purpose of offloading that waste, is guilty of an offence if that person –

(a) Fails to take all reasonable steps to prevent spillage of waste or littering from the vehicle; (b)

Intentionally or negligently cause spillage or littering from the vehicle; (c) Dispose of waste at a facility

which is not authorised to accept such waste; (d) Fails to ensure that waste is disposed of at a facility which is not authorised to accept such waste; (d) Fails to ensure that waste is disposed of at a facility

that is authorised to accept such waste; or (e) Fails to comply with any duty as set out in section 25(4).

Control of public

nuisances

Schedule 5 Part

B

An owner of privately owned land to which the general public has access, must ensure inter alia, that

litter is disposed of before it becomes a nuisance etc. No person may discard any litter onto any

S27

Draft National Guideline: Draft National Guideline: ConsultationConsultation ProcessProcessConsultation Consultation ProcessProcess

1. DEAT – internal consultation with affected Chief Directorates (Air Quality Management and Climate Change, Integrated

Pollution and Waste Management Planning and Co ordination)

8. Provincial Action Plans

Pollution and Waste Management, Planning and Co-ordination)

2. Mintech WGIV (Compliance and Enforcement) – National and Provincial Environmental Departments/Parks Boards7 DG HOD Provincial Environmental Departments/Parks Boards

3. External Stakeholders – SALGA, DPLG, selected local authorities, Health Professions Council of

7. DG – HOD letters: National Guideline and Implementation Protocol authorities, Health Professions Council of

South Africa, SAIEH (January 2010 Workshop)

6 MINTECH 4 DG (Approval)

Protocol

6. MINTECH (Approval) – 05 November 2010

4. DG (Approval)

5. Senior Counsel Opinion Vet for Opinion – Vet for Constitutionality

DEA TO DO LIST…DEA TO DO LIST…DEA TO DO LIST…DEA TO DO LIST… Finalise national guideline based on

comments from senior counsel and submit tocomments from senior counsel and submit to MINTECH on 05 November;

Present draft Implementation Protocol to MINTECH WGIV 19 O t bMINTECH WGIV on 19 October;

Convene meeting with all Universities of Technology for EMI-EHP mainstreaming gy gprocess;

Develop model for training existing EHPs (bridging course – cost and duration);(bridging course cost and duration);

Presentation to the HPCSA Board; Monitor provincial implementation of action

l f EMI l l th it ll tplans for EMI local authority roll –out.

THANK YOUTHANK YOUTHANK YOUTHANK YOU