GOVERNMENT NOTICE

Department of Water and Sanitation AND FORESTRY

 

NO. 174 12 FEBRUARY 1999

INVITATION TO SUBMIT WRITTEN COMMENTS ON PROPOSED GENERAL AUTHORISATIONS IN TERMS OF SECTION 39 OF THE NATIONAL WATER ACT, 1998 (ACT NO 36 OF 1998)

The Minister of Water and Sanitation intends making the General Authorisations contained in the Schedule hereto in terms of section 39 of the National Water Act read together with section 21 relating to (a) taking of water from a water resource; (b) storage of water; (e) engaging in the irrigation of any land with waste or water containing waste generated through any industrial activity; (f) discharging waste or water containing waste into a water resource through a pipe, canal, sewer or other conduit; (g) disposing of waste in a manner which may detrimentally impact on a water resource; and (h) disposing in any manner of water which contains waste from, or which has been heated in, any industrial or power generation process.

Large scale maps of the areas listed in Tables 1.1 and 1.2 can be inspected from 8:00 to 16:00 at any of the following addresses:-

Department of Water and Sanitation Head Office:

Residensie Building (in the foyer), 185 Schoeman Street, Pretoria

Department of Water and Sanitation Regional Offices:

Free State Regional Office

Sanlam Plaza, Cnr Maitland and Oosburger Street, Bloemfontein

Kwazulu-Natal Regional Office

Williams Palmer Building, 447 Smith Street, Durban

Gauteng Regional Office

SRD Center, John Vorster Drive, Centurion

North West Regional Office

Mutswedi House 1st Floor, Mangope Highway, Mmabatho

Northern Province Regional Office

46 Joubert Street, Pietersburg

Mpumalanga Regional Office

Prorom Building, Paul Kruger Street, Nelspruit

Northern Cape Regional Office

Department of Public Works Building 5th Floor, Cnr Knight and Stead Street, Kimberley

Western Cape Regional Office

De Goede Hoop Park Building, 17 Strand Street, Bellville

Eastern Cape Regional Office

26 Downing Street, King Williams Town

In terms of section 39(4)(a)(ii) interested parties are invited to submit written comments in connection with the proposed general authorisations by 19 April 1999. Comments must be submitted to the Director-General, Department of Water and Sanitation, Private Bag X 313, Pretoria 0001; Fax: (012) 326 1488; email: xkb@dwaf.pwv.gov.za and marked for the attention of the Chief Director: Scientific Services.

SCHEDULE ON PROPOSED GENERAL AUTHORISATIONS

 

 

1. TAKING OF WATER FROM A WATER RESOURCE AND STORAGE OF WATER

[Sections 21(a) and (b)]

Purpose of this authorisation

1.1. The authorisation permitted in terms of this Schedule replaces the need for a water user to apply for a licence in terms of the National Water Act for the abstraction or storage of water from a water resource provided that the abstraction or storage is within the limits and conditions set out in this authorisation.

Exclusion

1.2.(1) This authorisation does not:-

(a) apply to any water use taken under Schedule 1;

(b) replace any existing authorisation that is recognised under the National Water Act;

(c) apply to any determination as regards abstraction and storage in respect of a government water control area, a government water work, a catchment control area or an irrigation district as defined in the Water Act, 1956 (Act No 54 of 1956);

(d) apply to any person who does not have lawful access to any waterwork or water resource; or

(e) apply to wetlands.

(2) In the case of abstraction of water for industrial purposes the provision of section 7 of the Water Services Act, 1997 (Act No 108 of 1997) must be met.

Compliance with National Water Act and other laws

1.3.(1) This authorisation does not exempt a person who uses water from compliance with any provision of the National Water Act, unless stated otherwise or any other applicable law, regulation, ordinance or by-law.

(2) A person who uses water in terms of this authorisation is exempt from compliance with section 22(2)(e) of the National Water Act.

Area of applicability

1.4 This authorisation is applicable throughout the Republic of South Africa, except for the areas set out in:-

(a) Table 1.1 and illustrated in Map 1, for surface water abstraction; and

(b) Table 1.2 and illustrated in Map 2, for groundwater abstraction.

Duration of authorisation

1.5. This authorisation will be for a period of 5 years from 1 April 1999 unless:

(a) amended or withdrawn;

(b) the time period is extended by a further notice in the Gazette; or

(c) the water user is instructed to apply for a licence in terms of sections 41 or 43 of the National Water Act and a licence is issued thereunder.

Definitions

1.6. In this authorisation unless the context indicates otherwise, any word or expression to which a meaning has been assigned in terms of the National Water Act shall have that meaning, and:-

(i) "abstraction" means taking water from a water resource;

(ii) "high flow" means the surplus flow that occurs during the rainy season when the river level rises to approximately 75% or more of the height of its banks;

(iii) "monitoring programme" means a programme for taking regular measurements of the quantity and/or quality of a water resource, waste or wastewater discharge, at specified intervals, and at specified locations, for determining the chemical, physical and biological nature of the water resource, waste or wastewater discharge; and

(iv) "storage" means storing water, not containing waste, in a watercourse or off-channel storage.

Abstraction and storage

1.7.(1) A person who owns property registered in the Deeds Office or lawfully occupies property or land outside the areas set out in Table 1.1 and Table 1.2 may on that property or land:-

  1. abstract groundwater as set out in Table 1.3 and indicated on Map 2;

(b) abstract surface water at a rate of up to 25 litres per second:-

(i) for irrigation of up to 25 hectares of land, at 5 000 cubic metres per hectare per annum; or

(ii) for purposes other than irrigation of up to 100 cubic metres on any given day;

(c) abstract surface water at a rate of up to 110 litres per second under high flow conditions from the:-

(i) Sand River and all its tributaries up to the confluence with the Kruis River;

(ii) Kruis River and all its tributaries; and

(iii) Riet River and all its tributaries upstream of the Hydrological Gauging Weir E2M08;

(d) abstract surface water at a rate of up to 140 litres per second under high flow conditions from the Breede River downstream of the Zanddrift Weir; and

(e) store up to 50 000 cubic metres of water in a single dam.

Registration of water use

1.8.(1) A person who uses water in terms of this authorisation must submit an application form obtainable from the Responsible Authority for registration of the water use before commencement of:-

(a) abstracting or storing of water for irrigation purposes; or

(b) abstracting more than 50 cubic metres from surface water or 10 cubic metres from groundwater on any given day, or storing more than 10 000 cubic metres of water, for purposes other than irrigation.

 

(2) On receipt of the application form by the Responsible Authority the person will be regarded as a registered water user.

Precautionary practices

1.9.(1) The registered user must ensure that any dam complies with section 120 of the National Water Act if the dam is classified as a dam with a safety risk under section 118 of the aforementioned Act.

(2) The registered user must follow acceptable construction, maintenance and operational practices to ensure the consistent, effective and safe performance of the abstraction and storage of water.

(3) Where water is stored in a watercourse, the registered user must take all reasonable measures to ensure the movement of aquatic species is not prevented, including those species which normally migrate through the watercourse.

Monitoring requirements

1.10.(1) The registered user must ensure the establishment of monitoring programmes for monitoring the quantity of water abstracted and/or stored prior to commencement of the abstraction and/or storage, as follows:-

(a) the quantity of groundwater or surface water abstracted must be:-

(i) metered and the total recorded monthly; or

(ii) gauged where no meter is used, and the total recorded weekly; and

(b) the quantity of water stored must be recorded monthly.

(2) Where it is deemed necessary, or upon the written request of the Responsible Authority, the registered user must ensure the establishment of any additional monitoring programmes.

(3) Upon the written request of the Responsible Authority the registered user must appoint an external auditor to assess the water use in terms of this General Authorisation, and to submit the findings to the Responsible Authority for evaluation.

Record keeping and disclosure of information

1.11. The registered user must keep a record of all taking and storage of surface or groundwater, which information must be made available upon request to the Responsible Authority.

Inspections

1.12. Any property or land in respect of which a water use has been authorised in terms of this Notice must be made available for inspection by an authorised person in terms of section 125 of the National Water Act.

Offence

1.13. Any person who contravenes any provision of this authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the National Water Act.

TABLE 1.1 Areas excluded from General Authorisation for surface water abstraction

Primary catchment

Tertiary/Quaternary catchment and excluded resources

Description of main river in catchment for information purposes

A

A00

Limpopo River

B

B00

Olifants River

C

C10, C20, C40, C50, C60, C70, C80, C90

Vaal River

D

Orange River, downstream of Gariep Dam

E

Olifants River

 

E21

Riet River

G

G10, G20, G30, G40A, G40B, G40C, G40D, G40E, G40F, G50A, G50B, G50C, G50D

Berg River

H

H20

H30

H40

Hex River

Kingra River

Breede River downstream of Brandvlei Dam to confluence with the Kingra River

J

J12

J25

J30

J40C

Touws River

Gamka River

Olifants River

Langtou and Weyers Rivers

K

K10

K20

K50

K60

K90A, K90B, K90C, K90D, K90E

K90F

Hartbeeskuil River

Great Brak River

Knysna River

Keurbooms River

Kromme River

Seekoei River

L

L81

L82

L90

Baviaanskloof River

Kouga River

Lower Gamtoos River

M

M10

M30

Swartkops River

Van Stadens River

N

Sundays River downstream of Darlington Dam

P

P30

P40

Kowie River

Kariega River

Q

Great Fish River, Little Fish River

R

R20

R30E & F

Buffels River

Nahoon River

S

S32D & E

S60A & B

Klipplaat River upstream of Waterdown Dam

Kubusi River upstream of Wriggleswade Dam

U

U20

U40

Mgeni River

Mvoti River

V

V11

V20

Upper Thukela River

Mooi River

W

W12

W21A

W30

Mhlatuze River

White Mfolozi River upstream of Klipfontein Dam

Hluhluwe and Mkuzi Rivers

X

X00

Nkomati River

TABLE 1.2 Subterranean government water control areas excluded from General Authorisation for groundwater abstraction

Primary catchment

Tertiary/ Quaternary catchment

Description of subterranean government water control area

Government Notice No.

Government Gazette Date

H

H30

Baden

136

16/06/1967

A

A30

Bo-Molopo

1324

30/08/1963

C

C30

Bo-Molopo

1993

17/12/1965

D

D41

Bo-Molopo

R634

29/04/1966

A

A24

Crocodile River Valley

208

23/10/1981

A

A21

Crocodile River Valley

18

18/02/1983

A

A21, A22

Kroondal-Morikana

180

17/06/1963

G

G10,G30

Lower Berg River Valley/Saldanha

185

10/09/1976

A,B

A60,B50,B31

Nyl River Valley

56

26/03/1971

G

G30

Strandfontein

2463

09/12/1988

M

M10,M20,M30

Uitenhage

260

23/08/1957

G

G30

Wadrif

992

11/05/1990

G

G20

Yzerfontein

27

09/02/1990

G

G30

Graafwater

1423

29/06/1990

A

A70

Dendron-Vivo

813

29/04/1994

A

A60

Dorpsrivier

312

16/02/1990

C

C24

Ventersdorp

777

02/06/1995

Table 1.3: Groundwater Abstraction Zones

SIZE OF PROPERTY/LAND

MAXIMUM ANNUAL ABSTRACTION (M3)

Groundwater Abstraction Zone A

<20 ha

Schedule 1 use only

20-100 ha

5 000

100-200 ha

10 000

200-400 ha

20 000

>400 ha

30 000

Groundwater Abstraction Zone B

<5 ha

Schedule 1 use only

5-10 ha

2 000

10-30 ha

5 000

30-60 ha

10 000

60-120 ha

20 000

>120 ha

30 000

Groundwater Abstraction Zone C

<2 ha

Schedule 1 use only

2-5 ha

2 000

5-10 ha

5 000

10-20 ha

10 000

20-40 ha

20 000

>40 ha

30 000

 

 

 

2 ENGAGING IN A CONTROLLED ACTIVITY, IDENTIFIED AS SUCH IN SECTION 37(1): IRRIGATION OF ANY LAND WITH WASTE OR WATER CONTAINING WASTE GENERATED THROUGH ANY INDUSTRIAL ACTIVITY OR BY A WATERWORK

[Section 21(e)]

Purpose of this authorisation

2.1. The authorisation permitted in terms of this Schedule replaces the need for a water user to apply for a licence in terms of the National Water Act provided that the irrigation is within the limits and conditions set out in this authorisation.

Exclusion

2.2. This authorisation does not:-

(a) replace any existing authorisation that is recognised under the National Water Act; or

(b) apply to a person who is not the owner or lawful occupier of the land on which the wastewater irrigation takes place.

Compliance with National Water Act and other laws

2.3.(1) This authorisation does not exempt a person who uses water from compliance with any provision of the National Water Act unless stated otherwise, or any other applicable law, regulation, ordinance or by-law.

 

(2) A person who uses water in terms of this authorisation is exempt from compliance with section 22(2)(e) of the National Water Act.

Area of applicability

2.4 This authorisation is applicable throughout the Republic of South Africa, except for any subterranean government water control area as defined in the Water Act, 1956 (Act No 54 of 1956) and set out in Table 2.1 and illustrated in Map 2.

Duration of authorisation

2.5. This authorisation will be applicable for a time period of 3 years from 1 April 1999 unless:

(a) amended or withdrawn;

(b) the time period is extended by a further notice in the Gazette; or

(c) the water user is instructed to apply for a license in terms of sections 41 or 43 of the National Water Act and a licence is issued thereunder.

Definitions

2.6. In this authorisation, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in terms of the National Water Act shall have that meaning, and:-

(i) "biodegradable industrial wastewater" means wastewater that contains a high concentration of organic waste arising from industrial activities and premises including:-

(a) milk processing;

(b) manufacture of fruit and vegetable products;

(c) sugar mills;

(d) manufacture and bottling of soft drinks;

(e) water bottling;

(f) production of alcohol and alcoholic beverages in breweries, wineries or malt houses;

(g) manufacture of animal feed from plant or animal products;

(h) manufacture of gelatine and of glue from hides, skin and bones;

(i) abattoirs;

(j) fish processing; and

(k) feedlots.

(ii) "commercial activity" means those activities identified in the Standard Industrial Classification of All Economic Activities (5th Edition), published by Central Statistics Service, 1993, as amended and supplemented, under the following categories:-

a) 6: wholesale and retail trade,

b) 7: transport, storage and communication,

c) 8: business services,

d) 9: community services,

e) 0: personal and other services.

(iii) "domestic wastewater discharge" means a wastewater discharge consisting of approximately 90% or more wastewater, by volume, arising from domestic and commercial activities and premises, that is collected and treated, and subsequently disposed of;

(iv) "major aquifer" means a highly permeable geological formation, which contains groundwater that is potentially available for abstraction and use. Identification of a major aquifer will be provided by the Responsible Authority upon request;

(v) "monitoring programme" means a programme for taking regular measurements of the quantity and/or quality of a water resource, waste or wastewater discharge, at specified intervals, and at specified locations, for determining the chemical, physical and biological nature of the water resource, waste or wastewater discharge;

(vi) "organic waste" means waste of non-anthropogenic origin that is readily biodegradable in the environment and does not contain any substances that may accumulate in the environment;

(vii) "primary treatment" means treatment of wastewater by a physical process, which may involve maceration, sedimentation, screening and grit removal;

(viii) "secondary treatment" means treatment of wastewater by a biological process, through solar and other energy, bacteria, algae and a variety of aquatic biota to remove organic matter;

(ix) "wastewater" means water containing waste, or water that has been in contact with waste material;

(x) "wastewater limit value" means the mass, expressed in terms of the concentration and/or level of a substance, which may not be exceeded, at any time. Wastewater Limit Values shall apply at the last point where the discharge of wastewater enters into a water resource, dilution being disregarded when determining compliance with the Wastewater Limit Values. Where discharge of wastewater does not directly enter a water resource, the Wastewater Limit Values shall apply at the last point where the wastewater leaves the premises of collection and treatment;

  1. "wastewater pond system" means a dam or system of dams designed to collect wastewater, conduct primary and secondary treatment, and from which treated wastewater is disposed of.

Irrigation with wastewater

2.7.(1) A person who owns property registered in the Deeds Office or lawfully occupies property or land outside the areas set out in Table 2.1 may on that property or land irrigate with up to 1 000 cubic meters of domestic or biodegradable industrial wastewater on any given day, if the:-

(a) Electrical conductivity does not exceed 200 milliSiemens per meter (mS/m);

(b) pH is not less than 6 or more than 9 pH units;

(c) Chemical Oxygen Demand (COD) does not exceed 5 000 mg/l for wastewater from wineries;

(d) Chemical Oxygen Demand (COD) does not exceed 200 mg/l for wastewater other than from wineries;

(e) for biodegradable industrial wastewater the Sodium Adsorption Ratio (SAR) does not exceed 7; and

(f) for domestic wastewater the faecal coliforms do not exceed 1 000 per 100 ml.

Registration of irrigation with wastewater

2.8.(1) A person who irrigates with wastewater in terms of this authorisation must submit an application form obtainable from the Responsible Authority for registration of the water use before commencement of irrigation if more than 50 cubic metres of wastewater are irrigated on any given day.

(2) On receipt of the application form by the Responsible Authority the person will be regarded as a registered water user.

Location of irrigation with wastewater

2.9. Wastewater irrigation in terms of this authorisation is only permitted if:-

(a) the irrigation takes place above the 100 year flood line, or alternatively, more than 100 metres from a water resource or a borehole which is utilised for drinking water or stock watering; and

(b) on land that is not or does not overlie a Major Aquifer.

Monitoring requirements

2.10.(1) The registered user must ensure the establishment of monitoring programmes for monitoring the quantity and quality of the wastewater to be irrigated prior to commencement of irrigation, as follows:-

(a) the quantity must be metered and the total recorded weekly; and

(b) the quality must be monitored monthly, by grab sampling, at the point at which the wastewater enters the irrigation system for all parameters listed in subparagraph 2.7.(1).

(2) Where it is deemed necessary, or upon the written request of the Responsible Authority, the registered user must ensure the establishment of any additional monitoring programmes.

(3) Upon the written request of the Responsible Authority the registered user must appoint an external auditor to assess the water use in terms of this General Authorisation, and to submit the findings to the Responsible Authority for evaluation.

(4) The methods for determining the concentration of a specific substance in any wastewater, must be carried out:-

(i) by a laboratory that has been accredited under the South African National Laboratory Accreditation System in terms of SABS Code 0259 for that method; or

(ii) as approved in writing by the Minister.

Precautionary practices

2.11.(1) The registered user must follow acceptable construction, maintenance and operational practices to ensure the consistent, effective and safe performance of the wastewater irrigation system, including prevention of:-

(a) irrigation with wastewater containing gross solids exceeding 2 mm linear dimension;

(b) waterlogging of the soil and pooling of wastewater on the surface of the soil;

(c) nuisance conditions such as flies or mosquitoes, odour or secondary pollution;

(d) waste, or wastewater, entering any surface or groundwater resource; and

(e) the unreasonable chemical or physical deterioration of, or any other damage to, the soil of the irrigation site.

(2) Measures must be taken for storage of the wastewater used for irrigation, when irrigation cannot be undertaken.

(3) Sewage sludge must be removed from any wastewater, and disposed of according to the requirements of any relevant laws and regulations.

(4) Reasonable measures must be taken to provide for mechanical, electrical, operational, or process failures and malfunctions of the wastewater irrigation system.

(5) Reasonable measures must be taken to collect stormwater runoff containing waste or wastewater emanating from the wastewater irrigation system and retain it for disposal.

 

 

Record keeping and disclosure of information

2.12.(1) The registered user must keep records of all wastewater irrigation and related activities, including:

(a) the location and extent of the area under irrigation, demarcated on a 1:50 000 topographic map;

(b) the irrigation management techniques being practised;

(c) quantity of wastewater irrigated;

(d) quality of wastewater irrigated;

(e) details of the monitoring programme;

  1. details of failure and malfunctions in the irrigation system,

and make the information available upon request to the Responsible Authority.

(2) Any information on occurrence of any incident which causes, or may cause, detrimental impacts on the water resource quality must be provided to the Responsible Authority in terms of section 20 of the National Water Act.

Inspections

2.13. Any property or land in respect of which a water use has been authorised in terms of this Notice must be made available for inspection by an authorised person in terms of section 125 of the National Water Act.

Offence

2.14. Any person who contravenes any provision of this authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the National Water Act.

TABLE 2.1 Subterranean government water control areas excluded from General Authorisation for irrigation with waste

Primary catchment

Tertiary/ Quaternary catchment

Description of subterranean government water control area

Government Notice No.

Government Gazette Date

H

H30

Baden

136

16/06/1967

A

A30

Bo-Molopo

1324

30/08/1963

C

C30

Bo-Molopo

1993

17/12/1965

D

D41

Bo-Molopo

R634

29/04/1966

A

A24

Crocodile River Valley

208

23/10/1981

A

A21

Crocodile River Valley

18

18/02/1983

A

A21, A22

Kroondal-Morikana

180

17/06/1963

G

G10,G30

Lower Berg River Valley/Saldanha

185

10/09/1976

A,B

A60,B50,B31

Nyl River Valley

56

26/03/1971

G

G30

Strandfontein

2463

09/12/1988

M

M10,M20,M30

Uitenhage

260

23/08/1957

G

G30

Wadrif

992

11/05/1990

G

G20

Yzerfontein

27

09/02/1990

G

G30

Graafwater

1423

29/06/1990

A

A70

Dendron-Vivo

813

29/04/1994

A

A60

Dorpsrivier

312

16/02/1990

C

C24

Ventersdorp

777

02/06/1995

 

 

3 DISCHARGE OF WASTE OR WATER CONTAINING WASTE, INCLUDING WATER WHICH CONTAINS WASTE FROM, OR WHICH HAS BEEN HEATED IN, ANY INDUSTRIAL OR POWER GENERATION PROCESS, INTO A WATER RESOURCE THROUGH A PIPE, CANAL, SEWER, OR OTHER CONDUIT

[Sections 21(f) and (h)]

Purpose of this authorisation

3.1. The authorisation permitted in terms of this Schedule replaces the need for a water user to apply for a licence in terms of the National Water Act provided that the discharge is within the limits and conditions set out in this authorisation.

Exclusion

3.2. This authorisation does not:-

(a) replace any existing authorisation that is recognised under the National Water Act; or

(b) apply to a person who discharges any wastewater through sea outfalls, or to an aquifer, or any other groundwater resource.

Compliance with National Water Act and other laws

3.3.(1) This authorisation does not :-

(a) apply to a discharge into a conduit or canal as provided for under Schedule 1 of the National Water Act;

(b) exempt a person from compliance with section 7(2) of the Water Service Act, 1997 (Act No 108 of 1997); or

(c) exempt a person who uses water from compliance with any provision of the National Water Act, unless stated otherwise or any other applicable law, regulation, ordinance or by-law.

(2) A person who uses water in terms of this authorisation is exempt from compliance with section 22(2)(e) of the National Water Act.

Area of applicability

3.4 This authorisation is applicable throughout the Republic of South Africa, except for the areas set out in Table 3.1.

TABLE 3.1 Areas excluded from General Authorisation for discharges to water resources

Primary catchment

Tertiary catchment

Description of main river in catchment

B

B10

B20

B30

B40

B60

Olifants River

Wilge River

Olifants River

Steelpoort River

Blyde River

W

W50

Usutu River

X

X00

Nkomati River

Duration of authorisation

3.5. This authorisation will be applicable for a time period of 5 years from 1 April 1999 unless:

(a) amended or withdrawn;

(b) the specified time period is extended by a further notice in the Gazette; or

(c) the water user is instructed to apply for a license in terms of sections 41 or 43 of the National Water Act and a licence is issued thereunder.

Definitions

3.6. In this authorisation unless the context indicates otherwise, any word or expression to which a meaning has been assigned in terms of the National Water Act shall have that meaning, and:-

(i) "commercial activity" means those activities identified in the Standard Industrial Classification of All Economic Activities (5th Edition), published by Central Statistics Service, 1993, as amended and supplemented, under the following categories:-

a) 6: wholesale and retail trade,

b) 7: transport, storage and communication,

c) 8: business services,

d) 9: community services,

e) 0: personal and other services.

(ii) "complex industrial wastewater" means wastewater arising from industrial activities and premises, that contains:

a) a complex mixture of substances that are difficult or impractical to chemically characterise and quantify, or

b) one or more substances, for which a Wastewater Limit Value has not been specified, and which may be harmful or potentially harmful to human health, or to the water resource;

(iii) "domestic wastewater" means wastewater arising from domestic and commercial activities and premises, and may contain sewage;

(iv) "domestic wastewater discharge" means a wastewater discharge consisting of approximately 90% or more wastewater, by volume, arising from domestic and commercial activities and premises, that is collected and treated, and subsequently disposed of;

(v) "industrial activity" means those activities identified in the Standard Industrial Classification of All Economic Activities (5th Edition), published by Central Statistics Service, 1993, as amended and supplemented, under the following categories:-

a) 2: mining and quarrying,

b) 3: manufacturing,

c) 4: electricity, gas and water supply,

d) 5: construction.

(vi) "industrial wastewater discharge" means a wastewater discharge consisting of approximately 10% or more wastewater, by volume, arising from industrial activities and premises, that is collected and treated, and subsequently disposed of;

  1. "intake" is water taken from a water resource, and excludes water taken from any source that is not a water resource;

(viii) "monitoring programme" means a programme for taking regular measurements of the quantity and/or quality of a water resource, waste or wastewater discharge at specified intervals and at specified locations, for determining the chemical, physical and biological nature of the water resource, waste or wastewater discharge;

(ix) "listed water resources" are those water resources listed in Table 3.3, and include any tributary of a listed water resource, and any water resource draining the catchment area of a listed water resource;

(x) "wastewater" means water containing waste, or water that has been in contact with waste material;

(xi) "wastewater limit value" means the mass, expressed in terms of the concentration and/or level of a substance, which may not be exceeded, at any time. Wastewater Limit Values shall apply at the last point where the discharge of wastewater enters into a water resource, dilution being disregarded when determining compliance with the Wastewater Limit Values. Where discharge of wastewater does not directly enter a water resource, the Wastewater Limit Values shall apply at the last point where the wastewater leaves the premises of collection and treatment;

Discharging of domestic and industrial wastewater into water resources

3.7.(1) A person may discharge up to 2 000 cubic metres of wastewater on any given day into a water resource that is not referred to in Table 3.3, provided:-

(a) the discharge complies with the General Limit Values set out in Table 3.2;

(b) the discharge does not alter the ambient water temperature of the receiving water resource by more than 5 degrees Celsius; and

(c) the discharge is not a Complex Industrial Wastewater.

(2) A person may discharge up to 2 000 cubic metres or wastewater on any given day into a water resource referred to in Table 3.3, provided:-

(a) the discharge complies with the Special Limit Values set out in Table 3.2;

(b) the discharge does not alter the ambient water temperature of the receiving water resource by more than 2 degrees Celsius; and

(c) the discharge is not a Complex Industrial Wastewater.

(3) The maximum concentration of soluble Ortho-Phosphate, measured as phosphorous, in the wastewater referred to in paragraph 3.7(1), may not exceed 1 milligram per litre (mg/l), in any one of the following water resources, or any tributary thereof:-

(a) Vaal River upstream and inclusive of the Bloemhof Dam;

(b) Pienaars and Crocodile Rivers upstream of their confluence;

(c) Olifants River upstream and inclusive of the Loskop Dam;

(d) Umgeni River upstream and inclusive of the Inanda Dam;

(e) Umlaas River upstream and inclusive of the Shongwene Dam;

(f) Umfolozi River upstream and inclusive of the Klipfontein Dam;

(g) Buffels River upstream and inclusive of the Bridle Drift Dam;

(h) Berg River upstream of the influence of tidal water; and

(i) Sonderend and Du Toits Rivers upstream and inclusive of Theewaterskloof Dam.

(4) A person may discharge stormwater runoff from any activity or premises, not containing waste or wastewater emanating from industrial activities and premises, into a water resource.

TABLE 3.2: Wastewater limit values applicable to discharge of wastewater into a water resource

SUBSTANCE/PARAMETER

GENERAL LIMIT

SPECIAL LIMIT

Faecal Coliforms (per 100ml)

0

0

Chemical Oxygen Demand (mg/l)

65

30

pH

5.5-9.5

5.5-7.5

Ammonia (ionised and un-ionised) as Nitrogen (mg/l)

2

1

Nitrate/Nitrite as Nitrogen (mg/l)

15

1.5

Chlorine as Free Chlorine (mg/l)

0.25

0

Suspended Solids (mg/l)

25

10

Electrical Conductivity (mS/m)

70 mS/m above intake to a maximum of 150 mS/m

15% above receiving water

Ortho-Phosphate as phosphorous (mg/l)

8

1

Fluoride (mg/l)

1

1

Soap, oil or grease (mg/l)

2.5

0

Arsenic and its compounds (mg/l)

0.01

0.01

Cadmium and its compounds (mg/l)

0.01

0.003

Chromium (IV) and its compounds (mg/l)

0.05

0.05

Copper and its compounds (mg/l)

1

0.002

Cyanide and its compounds (mg/l)

0.5

0.1

Iron (mg/l)

1

0.3

Lead and its compounds (mg/l)

0.01

0.004

Manganese and its compounds (mg/l)

0.4

0.1

Mercury and its compounds (mg/l)

0.005

0.002

Selenium and its compounds (mg/l)

0.05

0.03

Zinc and its compounds (mg/l)

3

0.04

Boron (mg/l)

1

0.5

TABLE 3.3: Listed Water Resources

 

WATER RESOURCE

1

Hout Bay River to tidal water

2

Eerste River to tidal water

3

Lourens River to tidal water

4

Steenbras River to tidal water

5

Berg and Dwars Rivers to their confluence

6

Little Berg River to Vogelvlei weir

7

Elands and Sonderend Rivers to their confluence

8

Witte River to confluence with Breede River

9

Dwars River to Ceres divisional boundary

10

Olifants River to the Ceres divisional boundary

11

Helsloot and Smalblaar (or Molenaars) Rivers to their confluence with Breede River

12

Hex River to its confluence with Breede River

13

Van Stadens River to tidal water

14

Buffalo River from its source to where it enters the King Williams Town municipal area

15

Swart Kei and Klipplaat Rivers to their confluence

16

Bongola River to Bongola Dam

17

Kubusie River to the Stutterheim municipal boundary

18

Langkloof and Kraai Rivers to their confluence

19

Little Tsomo River

20

Xuka River to the Elliot district boundary

21

Tsitsa and Inxu Rivers to their confluence

22

Mvenyane and Mzimvubu Rivers from sources to their confluence

23

Mzintlava River to its confluence with the Mvalweni River

24

Ingwangwana River to its confluence with Umzimkulu River

25

Umzimkulu and Polela Rivers to their confluence

26

Elands River to the Pietermaritzburg-Bulwer main road

27

Umtamvuma and Weza Rivers to their confluence

28

Umkomaas and Isinga Rivers to their confluence

29

Lurane River to its confluence with the Umkomaas River

30

Sitnundjwana Spruit to its confluence with the Umkomaas River

31

Inudwini River to the Polela district boundary

32

Inkonza River to the bridge on the Donnybrook-Creighton road

33

Umlaas to the bridge on District Road 334 on the farm Maybole

34

Umgeni and Lions River to their confluence

35

Mooi River to the road bridge at Rosetta

36

Little Mooi and Hlatikula Rivers to their confluence

37

Bushmans River to Wagendrift Dam

38

Little Tugela River and Sterkspruit to their confluence

39

M'Lambonjwa and Mhlawazeni Rivers to their confluence

40

Mnweni and Sandhlwana Rivers to their confluence

41

Tugela River to its confluence with the Kombe Spruit

42

Inyamvubu (or Mnyamvubu) River to Craigie Burn Dam

43

Umvoti River to the bridge on the Seven Oaks-Rietvlei road

44

Yarrow River to its confluence with the Karkloof River

45

Incandu and Ncibidwane Rivers to their confluence

46

Ingogo River to its confluence with the Harte River

47

Pivaan River to its confluence with Soetmelkspruit

48

Slang River and the Wakkerstroom to their confluence

49

Elands and Swartkoppie Spruit to their confluence

50

All tributaries of the Komati River between Nooitgedacht Dam and its confluence with and including Zevenfontein Spruit

51

Seekoeispruit to its confluence with Buffelspruit

52

Crocodile River and Buffelskloofspruit to their confluence

53

All tributaries of the Steelpoort River down to its confluence with and including the Dwars River

54

Potspruit to its confluence with the Waterval River

55

Dorps River (or Spekboom River) to its confluence with the Marambanspruit

56

Ohrigstad River to the Ohrigstad Dam

57

Klein-Spekboom River to its confluence with the Spekboom River

58

Blyde River to the Pilgrim's Rest municipal boundary

59

Sabie River to the Sabie municipal boundary .

60

Nels River to the Pilgrim's Rest district boundary

61

Houtbosloop River to the Lydenburg district boundary

62

Blinkwaterspruit to Longmere Dam

63

Assegaai River upstream and inclusive of the Heyshope Dam

64

Komati River upstream and inclusive of the Nooitgedacht Dam and the Vygeboom Dam

65

Ngwempisi River upstream and inclusive of Jericho Dam and Morgenstond Dam

66

Slang River upstream and inclusive of Zaaihoek Dam

67

All streams flowing into the Olifants River upstream and inclusive of Loskop Dam, Witbank Dam and Middelburg Dam

68

All streams flowing into Ebenezer Dam on the Great Letaba River

69

Dokolewa River to its confluence with the Politzi River

70

Ramadiepa River to the Merensky Dam on the farm Westfalia 223, Letaba

71

Pienaars River and tributaries as far as Klipvoor Dam

 

RAMSAR LISTED WETLANDS:

PROVINCE

LOCATION

72

Barberspan

North-West

26o33? S 25o37? E

73

Blesbokspruit

Gauteng

26o17? S 28o30? E

74

De Hoop Vlei

Western Cape

34o27? S 20o20? E

75

De Mond (Heuningnes Estuary)

Western Cape

34o43? S 20o07? E

76

Kosi Bay

Kwazulu/Natal

27o01? S 32o48? E

77

Lake Sibaya

Kwazulu/Natal

27o20? S 32o38? E

78

Langebaan

Western Cape

33o06? S 18o01? E

79

Orange River Mouth

Northern Cape

28o40? S 16o30? E

80

St. Lucia System

Kwazulu/Natal

28o00? S 32o28? E

81

Seekoeivlei Nature Reserve

Free State

27o34? S 29o35? E

82

Verlorenvlei

Western Cape

32o24? S 18o26? E

83

Wilderness Lakes

Western Cape

33o59? S 22o39? E

Registration of discharges into water resources

3.8. A person who discharges wastewater into a water resource in terms of this authorisation must submit an application form obtainable from the Responsible Authority for registration of the water use before commencement of the discharge.

(2) On receipt of the application form by the Responsible Authority the person will be regarded as a registered water user.

Monitoring of wastewater

3.9.(1) The registered user must ensure the establishment of monitoring programmes for monitoring the quantity and quality of the discharge prior to the commencement of the discharge, as follows:-

(a) the quantity of the discharge must be metered and the total recorded weekly; and

(b) the quality of domestic wastewater discharges must be monitored monthly by grab sampling as set out in Table 3.4.

(c) the quality of industrial wastewater discharges must be monitored weekly by grab sampling:-

(i) for all substances which have been added to the wastewater through any industrial activity;

(ii) for all substances which have been concentrated in the wastewater through any industrial activity;

(iii) for all substances which may be harmful or potentially harmful to human health or to the water resource quality; and

(iv) as set out in sub-section 3.9(1)(b) if the waste water contains any domestic wastewater.

(d) The methods for determining the concentration of a specific substance in any wastewater must be carried out:-

(i) by a laboratory that has been accredited under the South African National Laboratory Accreditation System in terms of SABS Code 0259 for that method; or

(ii) as approved in writing by the Minister.

(2) Where it is deemed necessary, or upon the written request of the Responsible Authority, the registered user must ensure the establishment of any additional monitoring programmes.

(3) Upon the written request of the Responsible Authority the registered user must appoint an external auditor to assess the water use in terms of this General Authorisation, and to submit the findings to the Responsible Authority for evaluation.

TABLE 3.4: Monitoring requirements for domestic wastewater discharges

DISCHARGE VOLUME ON ANY GIVEN DAY

MONITORING REQUIREMENTS

< 50 cubic meters

None

50 to 100 cubic meters

pH

Electrical Conductivity (mS/m)

Faecal Coliforms (per 100ml)

100 to 1000 cubic meters

pH

Electrical Conductivity (mS/m)

Faecal Coliforms (per 100ml)

Chemical Oxygen Demand (mg/l)

1 000 to 5 000 cubic meters

pH

Electrical Conductivity (mS/m)

Faecal Coliforms (per 100ml)

Chemical Oxygen Demand (mg/l)

Ammonia as Nitrogen (mg/l)

Nitrate/Nitrite as Nitrogen (mg/l)

Free Chlorine (mg/l)

Suspended Solids (mg/l)

Ortho-Phosphate as Phosphorous (mg/l)

Precautionary practices

3.10.(1) The registered user must follow acceptable construction, maintenance and operational practices to ensure the consistent, effective and safe performance of the discharge; and

(2) All reasonable measures must be taken to provide for mechanical, electrical, operational, or process failures and malfunctions of the discharge system.

 

 

Record keeping and disclosure of information

3.11.(1) The registered user must keep a record of all discharges and related activities, including:

(a) quantity of wastewater discharged,

(b) quality of wastewater discharged,

(c) details of the monitoring programme;

  1. details of failures and malfunctions in the discharge system,

and make the information available upon request to the Responsible Authority.

(2) Any information on occurrence of any incident which causes, or may cause, detrimental impacts on the water resource quality must be provided to the Responsible Authority, in terms of section 20 of the National Water Act.

Inspections

3.12. Any property or land in respect of which a water use has been authorised in terms of this Notice must be made available for inspection by an authorised person in terms of section 125 of the National Water Act.

Offence

3.13. Any person who contravenes any provision of this authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the National Water Act.

 

 

 

4 DISPOSING OF WASTE IN A MANNER WHICH MAY DETRIMENTALLY IMPACT ON A WATER RESOURCE

[Sections 21(g)]

Purpose of this authorisation

4.1. The authorisation permitted in terms of this Schedule replaces the need for a water user to apply for a licence in terms of the National Water Act for the disposal of waste, provided that the disposal is within the limits and conditions set out in this authorisation.

Exclusion

4.2. This authorisation does not:-

(a) replace any existing authorisation that is recognised under the National Water Act; or

(b) apply to a person who is not the owner or lawful occupier of the land on which the disposal takes place.

Compliance with National Water Act and other laws

4.3.(1) This authorisation does not:-

(a) exempt a person from compliance with section 7(2) of the Water Services Act, 1997 (Act No 108 of 1997);

(b) exempt a person from compliance with the provisions of the National Building Regulations and Building Standards Act, 1977 (Act No 103 of 1977) for construction, operation and maintenance of any structure used for the collection, treatment or disposal of waste; or

(c) exempt a person who uses water from compliance with any provision of the National Water Act, unless stated otherwise or any other applicable law, regulation, ordinance or by-law.

(2) A person who uses water in terms of this authorisation is exempt from compliance with section 22(2)(e) of the National Water Act.

Area of applicability

4.4 This authorisation is applicable throughout the Republic of South Africa, except for any subterranean government water control area as defined in the Water Act, 1956 (Act No 54 of 1956) and set out in Table 4.1 and illustrated in Map 2.

Duration of authorisation

4.5. This authorisation will be applicable for a time period of 5 years from 1 April 1999 unless:-

(a) amended or withdrawn;

(b) the time period is extended by a further notice in the Gazette; or

(c) the water user is instructed to apply for a license in terms of sections 41 or 43 of the National Water Act and a licence is issued thereunder.

Definitions

4.6. In this authorisation, unless the context otherwise indicates, any expression to which a meaning has been assigned in terms of the National Water Act shall have that meaning, and:-

(i) "biodegradable industrial wastewater" means wastewater that contains a high concentration of organic waste arising from industrial activities and premises including:-

(a) milk processing;

(b) manufacture of fruit and vegetable products;

(c) sugar mills;

(d) manufacture and bottling of soft drinks;

(e) water bottling;

(f) production of alcohol and alcoholic beverages in breweries, wineries or malt houses;

(g) manufacture of animal feed from plant or animal products;

(h) manufacture of gelatine and of glue from hides, skin and bones;

(i) abattoirs;

(j) fish processing; and

(k) feedlots.

(ii) "category A mine" means:-

(a) any gold or coal mine;

(b) any mine with an extractive metallurgical process, including heap leaching; or

(c) any mine where sulphate producing or acid generating material occurs in the mineral deposit.

(iii) "complex industrial wastewater" means wastewater arising from industrial activities and premises, that contains:

a) a complex mixture of substances that are difficult or impractical to chemically characterise and quantify, or

b) one or more substances, for which a wastewater limit value has not been specified, and which may be harmful or potentially harmful to human health, or to the water resource;

(iv) "domestic wastewater" means wastewater arising from domestic and commercial activities and premises, and may contain sewage;

 

(v) "evaporation pond" means a dam designed to collect and dispose of wastewater through evaporation, and any concentrated waste or sludge must be removed and disposed of according to the requirements of any relevant laws and regulations;

(vi) "grey water" refers to wastewater generated through domestic or household activities, including washing, bathing, and food preparation, but does not contain sewage;

(vii) "major aquifer" means a highly permeable geological formation, which contains groundwater that is potentially available for abstraction and use. Identification of a Major Aquifer will be provided by the Responsible Authority, on request;

(viii) "monitoring programme" means a programme for taking regular measurements of the quantity and/or quality of a water resource, waste or wastewater discharge, at specified intervals, and at specified locations, for determining the chemical, physical and biological nature of the water resource, waste or wastewater discharge;

(ix) "organic waste" means waste of non-anthropogenic origin that is readily biodegradable in the environment and does not contain any substances that may accumulate in the environment;

(x) "on-site disposal" refers to disposal of wastewater on individual properties not permanently linked to a central waste collection, treatment and disposal system, such as septic tank systems, conservancy tank systems, soakaway systems including onto ground, French Drains and pit latrines;

(xi) "primary treatment" means treatment of wastewater by a physical process, which may involve maceration, sedimentation, screening and grit removal;

(xii) "secondary treatment" means treatment of wastewater by a biological process, through solar energy, bacteria, algae and a variety of aquatic biota to remove organic matter;

(xiii) "wastewater" means water containing waste, or water that has been in contact with waste material;

(xiv) "wastewater pond system" means a dam or system of dams designed to collect wastewater, conduct primary and secondary treatment, and from which treated wastewater is disposed of.

Storage of wastewater for the purpose of disposal

4.7. A person who owns property registered in the Deeds Office, or lawfully occupies property or land outside the areas set out in Table 4.1 may store wastewater for the purpose of disposal of up to 10 000 cubic meters in a single dam, or up to 50 000 cubic meters in a wastewater pond system, on that property or land.

Storage of wastewater for the purpose of re-use

4.8. A person who owns property registered in the Deeds Office, or lawfully occupies property or land outside the areas set out in Table 4.1 may store wastewater for the purpose of re-use of up to 5 000 cubic metres in a single dam on that property or land.

Disposal of wastewater

4.9.(1) A person who owns property registered in the Deeds Office, or lawfully occupies property or land outside the areas set out in Table 4.1, may on that property or land, dispose of:-

(a) domestic wastewater, or biodegradable industrial wastewater of up to 1 000 cubic metres, on any given day:-

(i) into a wastewater pond system; or

(ii) into an evaporation pond system;

(b) domestic wastewater or biodegradable wastewater into a wastewater irrigation system as set out under General Authorisation 2;

(c) wastewater to an on-site disposal facility for:-

(i) grey water generated by a single household;

(ii) up to 1 cubic metre of biodegradable industrial wastewater, on any given day; and

(iii) domestic wastewater to a communal septic tank serving no more than 50 households;

  1. domestic wastewater generated by a single household not permanently linked to a central waste collection, treatment and disposal system, to an on-site disposal facility excluding onto ground; and

(e) stormwater runoff from any activity or premises, not containing waste or wastewater from industrial activities and premises.

Disposal of mine waste or residue

4.10. A person may dispose of mine residue into mine residue deposits if:-

(a) the mine residue is not from a Category A mine;

(b) the disposal is in accordance with Regulation No. R1499 dated 27 November 1998; and

(c) the disposal is in accordance with SABS Code 0286.

Registration of wastewater storage

4.11.(1) A person who stores wastewater in terms of this authorisation must submit an application form obtainable from the Responsible Authority for registration of the water use before commencement of storage if more than 1 000 cubic metres are stored for disposal, or more than 500 cubic metres are stored for re-use.

(2) On receipt of the application form by the Responsible Authority the person will be regarded as a registered water user.

Registration of wastewater disposal

4.12.(1) A person who disposes of wastewater in terms of this authorisation must submit an application form obtainable from the Responsible Authority for registration of the water use before the commencement of the disposal if more than 50 cubic metres of domestic wastewater or biodegradable industrial wastewater is disposed of on any given day.

(2) The responsible local authority must submit an application form obtainable from the Responsible Authority to register water use for disposal of domestic wastewater in:-

(a) areas where more than 5 000 households are served by on-site disposal sites;

(b) areas where density of on-site disposal sites exceeds 10 per hectare; or

(c) areas served by communal septic tanks.

(3) On receipt of the application form by the Responsible Authority the person will be regarded as a registered water user.

Location of wastewater storage dams and wastewater disposal sites

4.13.(1) Wastewater storage and wastewater disposal sites must be located:-

(a) outside of a watercourse;

(b) above the 100 year flood line or more than 100 metres from a water resource, or a borehole which is utilised for drinking water, or stock watering; and

(c) on land that is not, or does not overlie, a Major Aquifer.

Monitoring requirements for storage and disposal of wastewater

4.14.(1) The registered user must ensure the establishment of monitoring programmes for monitoring the quantity and quality of the wastewater, prior to storage or disposal, as follows:-

(a) for storage of wastewater, the quantity must be gauged and recorded monthly; or

(b) for disposal of wastewater, the quantity must be metered and recorded monthly.

(2) Where it is deemed necessary, or upon the written request of the Responsible Authority, the registered user must ensure the establishment of any additional monitoring programmes.

(3) Upon the written request of the Responsible Authority the registered user must appoint an external auditor to assess the water use in terms of this General Authorisation, and to submit the findings to the Responsible Authority for evaluation.

Precautionary practices

4.15.(1) The registered user must follow acceptable construction, maintenance and operational practices to ensure the consistent, effective and safe performance of any wastewater disposal system or wastewater storage dam.

(2) All reasonable measures must be taken to prevent wastewater overflowing from any wastewater disposal system or wastewater storage dam.

(3) All reasonable measures must be taken to provide for mechanical, electrical or operational failures and malfunctions of any wastewater disposal system or wastewater storage dam.

(4) Sewage sludge must be removed from any wastewater, and disposed of according to the requirements of any relevant laws and regulations.

Record keeping and disclosure of information

4.16.(1) The registered user must keep records of all wastewater storage or wastewater disposal, and related activities, including:-

(a) the location of storage dam or wastewater disposal site,

(b) quantity of waterwater stored or disposed,

(c) quality of wastewater stored or disposed, where applicable,

(d) details of the monitoring programme;

(e) details of failures and malfunctions of any wastewater disposal system or wastewater storage dam that the registered user is responsible for,

and make the information available upon request to the Responsible Authority.

(2) Any information on occurrence of any incident which causes, or may cause, detrimental impacts on the water resource quality, must be provided to the Responsible Authority in terms of section 20 of the National Water Act.

Inspections

4.17. Any property or land in respect of which a water use has been authorised in terms of this Notice must be made available for inspection by an authorised person in terms of section 125 of the National Water Act.

Offence

4.18. Any person who contravenes any provision of this authorisation is guilty of an offence and is subject to the penalty set out in section 151(2) of the National Water Act.

TABLE 4.1 Subterranean government water control areas excluded from General Authorisation for disposal of waste

Primary catchment

Tertiary/ Quaternary catchment

Description of subterranean government water control area

Government Notice No.

Government Gazette Date

H

H30

Baden

136

16/06/1967

A

A30

Bo-Molopo

1324

30/08/1963

C

C30

Bo-Molopo

1993

17/12/1965

D

D41

Bo-Molopo

R634

29/04/1966

A

A24

Crocodile River Valley

208

23/10/1981

A

A21

Crocodile River Valley

18

18/02/1983

A

A21, A22

Kroondal-Morikana

180

17/06/1963

G

G10,G30

Lower Berg River Valley/Saldanha

185

10/09/1976

A,B

A60,B50,B31

Nyl River Valley

56

26/03/1971

G

G30

Strandfontein

2463

09/12/1988

M

M10,M20,M30

Uitenhage

260

23/08/1957

G

G30

Wadrif

992

11/05/1990

G

G20

Yzerfontein

27

09/02/1990

G

G30

Graafwater

1423

29/06/1990

A

A70

Dendron-Vivo

813

29/04/1994

A

A60

Dorpsrivier

312

16/02/1990

C

C24

Ventersdorp

777

02/06/1995