Burning waste is often the selected method of waste disposal for farms, notably in areas that lack adequate municipal waste management service delivery and/or infrastructure. Although a common practice, suppliers should be aware of the high risks and the multi-legislative requirements that govern the burning of waste and differentiate this from other burning practices.
Legal requirements for the burning of waste
The burning of waste is governed by three key pieces of legislation, namely the National Environmental Management Waste Act (NEM:WA), the National Environmental Management Air Quality Act (NEM:AQA); and the South African National Standard 20106 (SANS 10206).
In short, the burning of waste is a listed activity under both NEM:WA and NEM:AQA.
- NEM:WA: The burning of any waste is a category B listed activity, requiring an environmental impact assessment (EIA) by an Environmental Assessment Practitioner (EAP), and a waste management license (WML).
- NEM:AQA: Burning more than 10kg of waste per day, as averaged over the month, is a listed activity requiring an atmospheric emissions license (AEL). If waste is being burned on-site, records should be kept to confirm if less than 10kg/day on average is being burned.
Furthermore, SANS 10206 explicitly prohibits the burning of hazardous waste, such as empty pesticide containers. Some of these substances may negatively impact orchards when volatilised, while others may explode when heated.
Exceptions
In very extreme cases, burning of waste on-site may be conducted without a WML if the waste is generated as a result of normal household activities (i.e., non-hazardous waste), and:
- The municipality does not render waste collection services in that area, and
- It is the most environmentally and economically feasible option for the management of waste.
In this case, it needs to be clear that the supplier has exhausted every alternative option regarding waste management, such as exploring options to deliver the waste to the nearest functioning municipal waste management site and alternative on-site waste management options. This exception only applies to a WML; an AEL is still required if burning more than 10kg/day, as averaged over the month.
Burning of waste vs burning of plant material
When discussing the burning of waste, it is important to differentiate the open burning fields, which are governed by the National Veld and Forest Fire Act (NVFFA). Under this legislation, fire protection associations (FPAs) collectively manage and prevent fires, including the open burning of fires for agricultural/ecological reasons. Each FPA dictates its own rules regarding the process to apply for and receive an open burning permit, and thus, open burning permits may be obtained by the relevant FPA in line with their specific requirements.
Overall, the burning of waste on-site is inherently a high-risk activity with several legal considerations to account for. Suppliers should mitigate these risks to the best of their ability by complying with legal requirements and maintaining sound records of waste streams, including waste types, quantities, and treatment or disposal methods. It is also important to differentiate between the burning of waste and the open burning of fields in order to determine which requirements to adhere to.
