Waste tyre regulations 2009
27 July 2009
The Waste Tyre Regulations of 2009 which were promulgated (GG No. 31901 vol. 524) on 13 February 2009 came into effect on 30 June 2009.
“The purpose of the legislation is to regulate the management of waste tyres by providing for the regulatory mechanisms. The regulations will apply uniformly in all provinces in South Africa,” said Ms Joanne Yawitch, Deputy Director-General for environmental quality and protection at the Department of Environmental Affairs.
The regulations will affect waste tyre producers, waste tyre dealers, waste tyre stockpile owners, landfill site owners and tyre recyclers.
In summary, the regulations contain the following requirements: Section
4 of the regulations requires that no person may, (a) manage waste tyres in a manner which does not comply with the regulations, (b) recycle, recover or dispose of a waste tyre, at any facility or on any site, unless the recycling, recovery or disposal of that waste tyre is authorised by law, (c) recover or dispose of a waste tyre in a manner that is likely to cause pollution of the environment or harm to human health and well being, or (d) dispose of waste tyres at a disposal facility two years from the date of commencement of the regulations unless such a waste tyre has been cut into quarters and no quartered waste tyres may be disposed five years from the date of promulgation of these regulations unless such waste tyres have been shredded, excluding in both instances bicycle tyres and tyres with an outside diameter above 1400mm and tyres used as engineering material.
Tyre producers and waste tyre stockpile owners must register with the Minister of Water and Environmental Affairs within 30 days of the date of commencement of the regulations and tyre dealers commencing after the regulations must register with the Minister at least 30 days prior to commencing the business.
Tyre producers are required to prepare and submit to the Minister an integrated industry waste tyre management plan within 60 days of registering, for approval. Alternatively tyre producers must register with an existing integrated industry waste tyre management plan approved by the Minister and comply with such plans.
The contents of an integrated industry waste tyre management plan must include amongst others, annual projections of the quantities and types of tyres that are manufactured or imported that will become waste tyres; identify potential number of waste storage sites; indicate how information on waste tyres collected and treated will be recorded; how national awareness regarding management of waste tyres will be raised and issues of social responsibility in the industry; auditing and reporting; measures to be implemented to give effect to best environmental practice as well as job creation, training and development.
Under section 7 of the regulations tyre dealers are expected to classify any used tyre in his/her possession or control as either part worn tyre or a retreadable casing and any tyre not falling into these categories must be classified as a waste tyre. Section 7(2) requires a tyre dealer to mutilate or cause all waste tyres with a load index of 121 or less in his/her possession or control to be mutilated, which includes, but is not limited to (a) the cutting of the bead of a waste tyre in two places, (b) punching a hole with a minimum diameter of 50mm in the sidewall or, (c) making a cut of at least 10mm in the sidewall.
Section 7(3) requires that the tyre dealer must manage all waste tyres in his/her possession or control, or cause such waste tyres to be managed in accordance with the approved integrated industry waste tyre management plan of the producer
In addition a waste tyre stockpile owner must submit a waste tyre abatement plan within 120 days of the effective date of these regulations and may not add to the stockpile after this time. The contents of a waste tyre stockpile abatement plan must include amongst others: an estimation of the number of waste tyres stored within the stockpile facility; current fire prevention measures in place; proposal and timeframe for eliminating the stockpile.
The regulations stipulate that all waste tyre storage sites in excess of 500m2 are required to obtain a waste management license in terms of the National Environmental Management Waste Act, 2008
The regulations also set out specifications for the storage of waste tyres as well as the penalties that persons who contravene the regulations could face.
Should you require clarity or more information regarding the regulations, please send an e-mail to Tsebo Mohapi on firstname.lastname@example.org or call the department at 012 310 3861 or 012 310 3857
To access the regulations click on the links below: