National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008)Chapter 2 : National Waste Management Strategy, Norms and StandardsPart 2 : National norms and standards, provincial norms and standards and waste service standards9. Waste service standards |
| (1) | A municipality must exercise its executive authority to deliver waste management services, including waste removal, waste storage and waste disposal services, in a manner that does not conflict with section 7 or 8 of this Act. |
| (2) | Each municipality must exercise its executive authority and perform its duty in relation to waste services, including waste collection, waste storage and waste disposal services, by— |
| (a) | adhering to all national and provincial norms and standards; |
| (b) | integrating its waste management plans with its integrated development plans; |
| (c) | ensuring access for all to such services; |
| (d) | providing such services at an affordable price, in line with its tariff policy referred to in Chapter 8 of the Municipal Systems Act; |
| (e) | ensuring sustainable services through effective and efficient management; |
| (f) | keeping separate financial statements, including a balance sheet of the services provided. |
| (3) | In exercising its executive authority contemplated in subsection (1), a municipality may furthermore, amongst other things, set— |
| (a) | local standards for the separation, compacting and storage of solid waste that is collected as part of the municipal service or that is disposed of at a municipal waste disposal facility; |
| (b) | local standards for the management of solid waste that is disposed of by the municipality or at a waste disposal facility owned by the municipality, including requirements in respect of the avoidance and minimisation of the generation of waste and the re-use, recycling and recovery of solid waste; |
| (c) | local standards in respect of the directing of solid waste that is collected as part of the municipal service or that is disposed of by the municipality or at a municipal waste disposal facility to specific waste treatment and disposal facilities; and |
| (d) | local standards in respect of the control of litter. |
| (4) | Whenever the Minister or MEC acts in terms of this Act in relation to a municipality, the Minister or MEC must seek to support and strengthen the municipality's ability or right to perform its functions in relation to waste management activities. |
| (5) |
| (a) | Whenever a municipality intends passing a by-law so as to give effect to subsection (1), it must follow a consultative process provided for in Chapter 4 of the Municipal Systems Act. |
| (b) | Paragraph (a) need not be complied with if the by-law is amended in a non-substantive manner. |