South Africa is a party to international agreements that impact on gradual phase-out and disposal of PCBs, namely the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention, 2001) and the Basel Convention on Transboundary Movement of Hazardous Waste and Their Disposal (1989).
2.8.1. STOCKHOLM CONVENTION
The Stockholm Convention is a global treaty aimed at eliminating specific Persistent Organic Pollutants (POPs) from use by specified dates as agreed to by the “Conference of Parties”
(COP) on the convention. The convention was adopted on the 22nd of May 2001 in Stockholm,
Sweden and was entered into force on the 17th of May 2004. South Africa ratified the agreement on the 4th of September 2004, as previously cited in chapter 1.
The Stockholm Convention outlines specific requirements with respect to the management of PCBs and its phase-out by 2025 and states that each party shall (Stockholm Convention 2001);
• “Make determined efforts to identify, label and remove from use equipment containing greater than 0.05 per cent polychlorinated biphenyls and volumes greater than 5 litres”;
• “Endeavour to identify and remove from use equipment containing greater than 0.005 percent polychlorinated biphenyls and volumes greater than 0.05 litres.” In accordance with subparagraph (e) of Annex A, Part II removal and elimination should be done by no later than 2028.
Appendix 2 of this dissertation contains a copy of Annex A, Part II of the Stockholm Convention relating specifically to the elimination of PCBs.
South Africa adopted the UNEP recommended PCB classification, which is based on classifications enforced within the United States and most European countries and inferred from the terms set under the Stockholm Convention. These classifications are as follows;
• PCB concentrations above 500 ppm are classified as pure PCB.
• PCB concentrations between 50 and 499 ppm are classified as PCB contaminated.
• PCB concentrations below 50 ppm are classified as PCB-free.
2.8.2 BASEL CONVENTION
The Basel Convention is a global treaty aimed at controlling the trans-boundary movement of hazardous waste and their disposal between countries. The need for this convention was identified in the late 1980’s when industrialised countries enforced stricter environmental regulations with costly penalties for transgressors, resulting in unscrupulous entities shipping their hazardous waste to developing countries.
The Basel Convention entered into force on the 5th of May 1992 with ratification by the South African Government on the 5th of May 1994. Parties to the convention are bound by a number of general obligations as listed in Article 4 of the agreement, with the main objective of
protecting human health and the environmentally against the movement and disposal of hazardous materials (Basel Convention, 1992).
The convention accepts 50 ppm as the level above which PCBs are considered hazardous and recommends that all thermal processes that destroy PCBs have a DRE of 99.9999% and reduce PCB concentrations to below a scientifically-based minimum detection criterion as described in the PCB, PCT and PBB technical guidelines issued by the Basel Convention, (2003).
2.8.3 SOUTH AFRICAN LEGISLATION AND STANDARDS
The South African Department of Water Affairs classifies PCBs as hazardous in the national specification entitled “Minimum Requirements for the Handling, Classification and Disposal of Hazardous Waste” (1998). Based on this classification all national laws pertaining to the handling and disposal of hazardous waste are relevant in the management and disposal of PCBs. The relevant laws / acts are briefly described in subsection 2.8.3.1.
2.8.3.1 NATIONAL LEGISLATION RELATING TO THE MANAGEMENT PCBS
• South African Constitution (1996)
All persons have the right to an environment that is not harmful to their health and wellbeing and to an environment that is protected for current and future generations.
• Environmental Conservation Act (1989)
All waste disposal sites require the approval of the Minister of Water Affairs, including thermal and chemical treatment facilities.
• National Environmental Management Act (1998)
Owners of hazardous waste cannot transfer the liability to disposal contractors and shall remain liable for the safe management and disposal thereof inline with the “cradle to grave”
philosophy. It is the responsibility of all individuals to ensure all reasonable and practical measures are taken when undertaking their activities to prevent harm to another person, their environment and/or property (Duty of Care).
• Hazardous Substances Act (1973)
The Act provides the regulations to manage and control the use of hazardous substances, and the disposal of hazardous waste within the country jurisdiction.
• National Environmental Management: Air Quality Act (2004)
Emissions generated by hazardous waste disposal processes must be in accordance with the national limits for stack emissions. PCBs shall not be disposed of in a manner that it causes air emissions in excess of the limits prescribed by the Act.
• Occupational Health and Safety Act (1993)
It is the duty of employers to inform, protect and train employees about the dangers of working with hazardous materials. It is the employee’s responsibility to use all measures provided by the employer to protect himself/herself against any physical, mental or any other health impact that may arise from exposure to such hazardous material, such as PCBs, in the work environment.
• National Water Act (1998)
The Act makes provision for situations where pollution of water source may occur. No person shall intentionally pollute water sources, be it natural or unnatural, surface or ground water.
Land owners and or persons occupying land shall take all reasonable measures to prevent the occurrence, continuation and recurrence of the pollution of water sources on or nearby the occupied land. PCBs shall therefore not be disposed of in a manner that it poses the risk of polluting water sources.
• National Road Traffic Act (1996)
The Act governs all vehicles, motorist, pedestrians, road planning, road quality, etc. The road transportation of hazardous substances such as PCBs require conformity with applicable road ordinances which is detailed in the SANS standards on transportation listed in Table 2-6.
• National Policy “Minimum Requirement for the Handling, Classification and Disposal of Hazardous Waste” (1998)
The policy provides a classification mechanism for both general and hazardous waste according to their inherent toxicological properties. Hazardous waste is given a rating based on the health
and environmental risk they pose during disposal. PCBs are classified as a class 9 (Miscellaneous hazardous material).
2.8.3.2 National Standards
A list of national standards relating to the safe management, transportation and disposal of PCBs, thereby ensuring adherence to the national laws listed under subsection 2.7.3.2 are contained in table 2-6.
Table 2-6: SANS Documentation relating to the transportation of PCBs Document Identification Number Title of Document
SANS 290 Mineral Insulating Oils – Management and handling of Polychlorinated Biphenyls
SANS 555 National Standard for unused and reclaimed mineral insulating oils for transformers and switchgear SANS 10228 The identification and classification of dangerous
goods for transport
SANS 10229 Transport of dangerous goods - Purchasing and large packaging for road and rail transport
SANS 10231 Transport of dangerous goods - Operational requirements for road vehicles
SANS 10232 Transport of dangerous goods - Emergency information systems Part 1: Emergency information system for road transport