1. COMPLIANCE AND ENFORCEMENT ACTIVITIES HIGHVELD AND VAAL PRIORITY AREAS – MINIMUM EMISSION STANDARDS (MES) PORTFOLIO COMMITTEE MEETING 14 JUNE 2017
Chemicals and Waste Management

2. OBJECTIVES OF THE PRESENTATION
Approach to compliance and enforcement within the waste and pollution sector – compliance promotion/monitoring versus enforcement (over extended period of time)
Brief Background
Understanding the role of DEA versus the local authorities
Current initiatives and status quo of Compliance and Enforcement activities in relation to air quality legislation (including MES) since coming into effect of the MES

3. FACILITATED APPROACH TO COMPLIANCE AND ENFORCEMENT
The focus is on bringing facilities into the regulatory net instead of shutting down and prosecuting - process takes place over a number of years (actions since 2014) – coordinated and strategic (planning is essential)
Ensuring compliance without compromising integrity of the legislative framework, but at the same time recognising the importance of fiscal growth and other government priorities – job security
Compliance and Enforcement within the waste and pollution sector is very complex
Historical pollution requires time to remediate
Outdated technology – significant capital required to align to new requirements
Complex science involved requiring specialised equipment and tools

5. STRATEGIC INTERVENTIONS - NATIONAL COMPLIANCE AND ENFORCEMENT STRATEGY
All objectives must aim to enhance the impact of the EMI network and to extend its reach
Objectives must contribute to a strategy of deterrence
Compliance by those that are likely to comply voluntarily should be encouraged and facilitated
Compliance by all regulated sectors needs to be monitored and non-compliances detected
Where non-compliance is detected, offenders should be brought back into compliance as quickly and efficiently as possible
Compliance and enforcement activities must result in environmental damage being remedied
EMI activities need to be undertaken on the basis of a rational approach that is applied consistently across the EMI institutions 1
Inception 2
Situation Analysis 3
Strategy development 4
Finalisation of strategy

6. ALIGNMENT OF STRATEGIC INDICATORS
Number of compliance inspections
Number of administrative notices issued
Percentage of compliance to instructions issued
Number of criminal cases referred for prosecution

7. COMPLIANCE PROMOTION AND COMPLIANCE VERIFICATION
BASELINE INSPECTIONS
VOLUNTARY COMPLIANCE PROMOTED
- Opportunities are given to make representations and to rectify
- Compliance verification with line function (need for additional assistance assessed)
FOLLOW-UP INSPECTIONS
- Continued non-compliance detected – referral for prosecution

10. ENFORCEMENT
ADMINISTRATIVE ENFORCEMENT - OBJECTIVE – Not punitive but instructive - seeks to promote remediation / address environmental harm
Pre-notices and opportunity given to make representations and self correct
Continued non-compliances – Final notices (non compliances = criminal offences)
Referral for criminal investigation and prosecution – punitive in nature
EXCEPTION – SERIOUS NON-COMPLIANCES - WILFULL VIOLATORS - PARRALLEL PROCESSESS ARE TAKEN

11. - DEMYSTIFYING ADMINISTRATIVE ENFORCEMENT VS CRIMINAL INVESTIGATIONS-
ADMINISTRATIVE ENFORCEMENT - NOT PUNITIVE IN NATURE
Ensures that the immediate risk to the environment is removed
Volumes of cases reported to the environmental authorities – cautious of clogging up the court system - many are low risk with minimal impact on the environment – approach is to bring these individuals/ facilities back into the regulatory net ie. compliance to conditions of EA’s and licences
Significant costs are involved in clean ups which are generally seen as punishment rather than seeing it as the cost of doing business properly

12. ROUNDGILL LANDFILL SITE
– LADYBRAND-
ROUNDGILL LANDFILL SITE

13. MAY 2015
OCT 2015
DEC 2015
MAY
2016
MARCH 2016

15. JOINT OPERATIONS WITHIN THE INDUSTRIAL SECTOR
Operation Ferro
Refineries
Cement industry
Paper and Pulp
Hazardous Waste

16. - EMI WORK WITHIN THE AIR QUALITY SPACE: ArcelorMittal Vereeniging-

17. -ArcellorMittal R220 million (2 years) elephant house - extraction system - result of administrative enforcement action -