Part 5: Storage, collection and transportation of waste

21. General requirements for storage of waste

Any person who stores waste must at least take steps, unless otherwise provided by this Act, to ensure that-

  1. the containers in which any waste is stored, are intact and not corroded or in any other way rendered unfit for the safe storage of waste;
  2. adequate measures are taken to prevent accidental spillage or leaking;
  3. the waste cannot be blown away;
  4. nuisances such as odour, visual impacts and breeding of vectors do not arise; and
  5. pollution of the environment and harm to health are prevented.

22. Storage of general waste

  1. Any person who generates general waste that is collected by a municipality must place the waste in a container approved, designated or provided by the municipality for that purpose and in a location approved or authorised by the municipality.
  2. Waste that is reusable, recyclable or recoverable and that is intended to be reduced, re-used, recycled or recovered in accordance with this Act or any applicable by-laws need not be placed in a container contemplated in subsection (1).

23. Waste collection services

  1. Waste collection services are subject to-
    1. the need for an equitable allocation of such services to all people in a municipal area;
    2. the obligation of persons utilising the service to pay any applicable charges;
    3. the right of a municipality to limit the provision of general waste collection services if there is a failure to comply with reasonable conditions set for the provision of such services, but where the municipality takes action to limit the provision of services, the limitation must not pose a risk to health or the environment; and
    4. the right of a municipality to differentiate between categories of users and geographical areas when setting service standards and levels of service for the provision of municipal services.
  2. Every municipality must, subject to this Act, and as far as is reasonably possible, provide containers or receptacles for the collection of recyclable waste that are accessible to the public.

24. Collection of waste

No person may collect waste for removal from premises unless such person is-

  1. a municipality or municipal service provider;
  2. authorised by law to collect that waste, where authorisation is required; or
  3. not prohibited from collecting that waste.

25. Duties of persons transporting waste

  1. The Minister, an MEC or a municipality may, by notice in the Gazette, require any person or category of persons who transports waste for gain to-
    1. register with the relevant waste management officer in the Department, province or municipality, as the case may be; and
    2. furnish such information as is specified in that notice or as the waste management officer may reasonably require.
  2. Any person engaged in the transportation of waste must take all reasonable steps to prevent any spillage of waste or littering from a vehicle used to transport waste.
  3. Where waste is transported for the purposes of disposal, a person transporting the waste must, before offloading the waste from the vehicle, ensure that the facility or place to which the waste is transported, is authorised to accept such waste.
  4. Where hazardous waste is transported for purposes other than disposal, a person transporting the waste must, before offloading the waste from the vehicle, ensure that the facility or place to which the waste is transported, is authorised to accept such waste and must obtain written confirmation that the waste has been accepted.
  5. In the absence of evidence to the contrary which raises a reasonable doubt, a person who is in control of a vehicle, or in a position to control the use of a vehicle, that is used to transport waste for the purpose of offloading that waste, is considered to knowingly cause that waste to be offloaded at the location where the waste is deposited.