RELEVANCE Of CONTAMINATED LAND … Remediation Workshop Files...RELEVANCE Of CONTAMINATED LAND ASSESSMENT IN SOUTH AFRICA Dr. Eric Igbinigie (Pr.Sci.Nat.) Coastal & Environmental Services

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RELEVANCE Of

CONTAMINATED LAND

ASSESSMENT IN

SOUTH AFRICA

Dr. Eric Igbinigie (Pr.Sci.Nat.)

Coastal & Environmental Services

P.O. Box 934

Grahamstown

6140

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Introduction

Legislative Requirements: Contaminated Land Provisions Constitution of South Africa (1996)

NEM: Waste Act No.59 of 2008

GN 331: National Norms and Standards for the Remediation of Contaminated Land and Soil Quality (May, 2014)

Offences and Penalties

International Best Practice Soil Screening Values 1 & 2 (South Africa)

Dutch List

African Development Bank

Conducting an Environmental Site Assessment

Conclusion

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Constitution of South Africa (1996)

Chapter 2 (Section 24): The Bill of Rights–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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NEM: Waste Act No.59 of 2008

Chapter 4 (Sections 35 - 41): Contaminated Land S35: Application of this Part

S36 Identification and notification of investigation areas

S37: Consequences of identification and notification of investigation areas

S38: Consideration of site assessment reports

S39: Orders to remediate contaminated land

S40: Transfer of remediation sites

S41: Contaminated land register

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Definition of Contaminated Land NEM: Waste Act 59 of 2008 Section 36

“Land on which high-risk activities have taken place or are taking place that are likely to result in land contamination”

“Land that the Minister or MEC, as the case may be, on reasonable grounds believes to be contaminated”

Re the above, the MEC and Minister must be notified of the above activity as soon as they

become evident

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NEM: Waste Act 59 of 2008 Section 37-41

Environmental Site Assessment (ESA) After due consultation with the relevant Authority, ESA is conducted

and must comply with the directives of the relevant Authority and include information on whether the investigation area is contaminated or not…

Relevant contents of ESA report the contamination has already impacted on health or the

environment;

there are exposure pathways available to the substances;

the use or proposed end use of the land;

any applicable standards have been exceeded

Transfer of remediation sites No person may transfer contaminated land without informing the

person to whom that land is to be transferred that the land is contaminated…

Contaminated land register National database of contaminated land

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GN 331: National Norms and

Standards for the Remediation of

Contaminated Land and Soil

Quality (May 2014)

Prior to May 2nd 2014

GN 921: Listed Waste Activity- Category A(8) The remediation of contaminated land

Requires a waste licence• Basic Environmental Assessment and

• ESA

Post May 2nd 2014

GN 331: National Norms and Standards is applicable

No waste licence required

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GN 331: National Norms and

Standards for Soil Quality

GN 331 Soil Screening Value (SSV 1 & 2)

SSV 1:

Conservative soil quality concentration adopted for all land use in protection of human and environmental health, inclusive of water resource

SSV 2:

Soil quality values in the absence of water resource. Land use application for (i) Informal resident (ii) Standard residential and (iii) Commercial / Industrial

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Offences and Penalties

NEM: Waste Act 59 of 2008 Section 67 - 68

67(1) A person commits an offence if that person-

(g) fails to conduct a site assessment or to submit a site assessment report in terms of section 37 of the Act.

68(1) A person convicted of an offence referred to in section 67(1)(g) is liable to a fine not exceeding R10m or to imprisonment for a period not exceeding 10yrs, or to both such fine and such imprisonment, in addition to any other penalty that may be imposed …

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International Best Practice

The adoption of the most stringent

GN 331: Soil Screening Values 1 & 2 (2014)

Soil Quality

Dutch List (2000)

Soil Quality

Groundwater Quality

African Development Bank (1995)

Soil Quality

Groundwater Quality

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Conducting an Environmental Site

AssessmentAmerican Society of Testing and Materials (ASTM) standard practice

Phase I

Preliminary

assessment of

condition of property

Phase II

Sampling and

laboratory

analysis

Phase III

In depth studies

on degree of

contamination

and clean up

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Phase I Studies

Review of background information and historical records

Review of aerial photographs

Interview of previous and current tenants

Site visit and photography

Identification of potential areas of concern

Neighbouring activities

Phase I ESA report

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Phase II Studies

Confirmation of sampling strategy

Soil and groundwater sampling and analysis

Evaluation of analytical results against relevant standards

Phase II report of findings – Contaminated / not contaminated / further studies required

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Phase III Studies

The ultimate goal of a Phase III is to either rid the property of any potentially harmful environmental contamination or remove the risk of contamination

Completing a Phase III can mean that the problem is remediated or defined and encapsulated and allowed to remain on site

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Conclusions

The enactment of the contaminated land provisions in the Waste Act ensure due diligence when land transfer is contemplated

Increase in bioremediation research opportunities in South Africa

Transparency in land transfer

May result in the increase in property cost

Promotes environmental sustainability