Nelson Mandela Bay Municipality Waste Transporter

REGISTRATION OF WASTE TRANSPORTERS

Companies or individuals that provide a commercial service as a transporter of waste must register with the Nelson Mandela Bay Municipality by no later than 31 August 2011, or face a fine of R2 000. This is a legal requirement, in accordance with the Nelson Mandela Bay Municipality’s Waste Management Bylaw - Chapter 3, Section 29 (1) - promulgated on 24 March 2010.

Definition of WASTE

“waste” means an undesirable or superfluous by-product, emission, residue or remainder of any process or activity, any matter, gaseous, liquid or solid or any combination thereof, which-

(a) is discarded by any person; or

(b) is accumulated and stored by any person with the purpose of eventually discarding it with or without prior treatment connected with the discarding thereof; or

(c) is stored by any person with the purpose of recycling, re-using or extracting a usable product from such matter, excluding-

(i) water used for industrial purposes or any effluent produced by or resulting from such use which is discharged in compliance with the provisions of section 7(2) of the Water Service Act, 1997 (Act 108 of 1997);

(ii) any matter discharged into a septic tank or French drain sewerage system and any water or effluent contemplated by section 7(2) of the Water Services Act, 1997 (Act 108 of 1997);

(iii) building rubble used for filling or levelling purposes;\

(iv) any radio-active substance discarded in compliance with the provisions of the Nuclear Energy Act, 1999 (Act No. 46 of 1999);

(v) any minerals or substances produced by or resulting from activities at a mine or works as defined in section 1 of the Minerals and Petroleum Resources Development, 2002, (Act No. 28 of 2002); and

(vi) ash produced by or resulting from activities at an undertaking for the generation of electricity under the provisions of the Electricity Act, 1987 (Act No. 41 of 1987).

THIS IS A ONCE OFF REGISTRATION AND FREE OF CHARGE.

Upon registrations Waste Transporters must take note of the duties and responsibilities of the transporters of waste, as stated in Chapter 3 Section 31and 32 of the Nelson Mandela Bay Municipality: Waste Management By-laws. (An extract of the Nelson Mandela Bay Municipality’s Waste Management Bylaw - Chapter 3, Section 29, 30, 31 and 32 are on the back of the page.)

When companies and individuals make use of transporters, they are requested to ensure that only registered transporters are used. See Chapter 3, Section 30 (2) of the Nelson Mandela Bay Municipality’s Waste Management Bylaw. All registered companies will be listed on the Waste Transporter Database which is available on the Nelson Mandela Bay website www.nelsonmandelabay.gov.za

CHAPTER 3: LICENCES AND CONTRACTS

29. WASTE TRANSPORTER REGISTRATION

(1) No person may provide a commercial service as a transporter of waste for disposal within an area owned by or under control of the municipality unless the person has first registered with the municipality as a waste collector.

(2) A person who wishes to register as a transporter of waste must, subject to the provisions of section 30, submit the required application form and, where applicable, substantiating documentation to the municipality for consideration.

(3) The municipality may, for the purposes of considering an application, require additional information.

(4) After consideration of the application for registration, the municipality must -

(a) approve the application subject to such conditions it may deem necessary, and issue proof of registration; or

(b) reject the application and supply reasons for the rejection.

30. REGISTRATION

(1) A person who wishes to register as a transporter of waste must provide the municipality with the following information at least 14 days before initiating a service:

(a) his or her name, residential and postal address, and if a company or close

corporation, its registration number, names of its directors or members and the

address of its registered head office;

(b) a description of the nature of the waste management services provided or

intended to be provided;

(i) the number of clients served or intended to be served at the time of registration;

(ii) the geographical area of operation; and

(iii) the disposal facilities owned or intended to be utilised for the disposal of waste collected.

(2) A person making use of the services of a transporter of waste must satisfy himself or herself that the contractor is registered with the municipality as a transporter of waste and that such transporter of waste may collect and dispose of the category of waste that the person intends to dispose of.

31. DUTIES OF REGISTERED TRANSPORTER OF WASTE

(1) A registered waste transporter may not -

(a) operate in contravention of this by-law;

(b) fail or refuse to give information, or give false or misleading information when required to do so.

(c) dispose of waste otherwise than by disposing of it at a waste disposal site which has been permitted for the disposal of that category of waste.

(2) Where a person has been registered, and -

(a) such person acquires a firm providing commercial services;

(b) such person merges with another person or firm providing commercial services;

(d) there is a change in the juristic nature of the enterprise;

(e) there is a change in the nature of the commercial services it provides;

(f) such person intends to cease providing such services; or

(g) such person is involved in winding-up proceedings; he or she must immediately notify the municipality of that occurrence and, save in the circumstances set out in subsection (f) or (g), must re-register.

(3) A registered transporter of waste must -

(a) when issued with a weighbridge receipt, keep such weighbridge receipt for 12 months as proof of safe disposal of the waste that has been collected; and

(b) provide his or her commercial clients with a receipt of the amounts and types of waste that have been collected for subsequent waste treatment or disposal.

(4) A person who contravenes any of the provisions of this section commits an offence, and such person may be deregistered as a transporter of waste.

32. SUPERVISION OF REGISTERED WASTE TRANSPORTERS

(1) An authorised official of the municipality-

(a) may inspect the activities of a registered waste transporter and is entitled to enter the workplace of the transporter for this purpose;

(b) may request to view the transporters weighbridge receipts for the previous 12 month period as proof of safe disposal; and (c) must keep a register recording each inspection that has been undertaken.

(2) If a registered transporter fails to comply with the provisions of section 31 at three inspections over a period of two years, the authorised official may recommend that the municipality deregister such transporter of waste, provided that the consecutive inspections occur at not less than four month intervals.