Project Reference: 720.05018.00046 File Ref. 2020-02-18 Chloorkop Expansion_Notification of extension of BA period

18 February 2020

Gauteng Department of Agriculture and Rural Development

Administrative Unit of the Sustainable Utilisation of the Environment (SUE) Branch

Ground floor, Diamond Building,

11 Diagonal Street

Johannesburg, 2000

ATTENTION: MALESELA SEHONA

CC: CYNTHIA CHABALALA

Dear Madam,

APPLICATION FOR WASTE MANAGEMENT LICENCE FOR THE PROPOSED EXPANSION OF THE CHLOORKOP LANDFILL

SITE: EXTENSION OF BA PERIOD (GAUT 002/19-20/W0009)

Set out below is written motivation for a 50-day extension to the Basic Assessment timeframe prescribed in

Regulation 19(1) of Environmental Impact Assessment (EIA) Regulations, 2014. The extension of such timeframes

is provided for in Regulation 3(7) and Regulation 19(1)(b) of the EIA Regulations, 2014.

Background:

A Basic Assessment process is currently underway for the waste management licence application for the proposed

Expansion of the Chloorkop Landfill Site (Gaut 002/19-20/W0009), made by EnviroServ Waste Management (Pty)

Ltd in terms of Section 45 of the National Environmental Management: Waste Act, 2008.

The waste management licence application form was acknowledged by the Gauteng Department of Agriculture and

Rural Development (GDARD) in a letter signed on 4 November 2019. In this letter the GDARD indicated that “this

application will lapse should you fail to submit the requested information within 3 months of the date of signature

of this letter, except in the case where the department has received and accepted written explanation for failure to

submit such information”. For a Basic Assessment process, the EIA Regulations, 2014 require the submission, within

90 days, of a Basic Assessment Report (BAR), inclusive of specialist reports, and an Environmental Management

Programme, which have been subjected to a public participation process of at least 30 days and which reflects the

incorporation of comments received, including any comments of the competent authority. Submission of the BAR

for this application, reflecting the incorporation of comments received from interested and affected parties (I&APs),

is due to the GDARD by 24 February 2020.

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Project Reference: 720.05018.00046

The BAR prepared for the Chloorkop Expansion Project was made available to registered I&APs from 13 November

until 13 December 2019. At the request of the Lords View Property Owners Association (LVPOA) the period in which

I&APs had to comment on the BAR was extended until 6 February 2020. The additional period for I&APs to

comment was provided within the 90-day period set out in the EIA Regulations, 2014 for the submission a BAR.

Aldine Armstrong Attorneys lodged an objection against the proposed expansion of the Chloorkop Landfill Site as

the LVPOA’s comment on the BAR. The objection, received by SLR on 6 February 2020, comprises of a 72-page letter

setting out the grounds of the objection and commenting on the BAR, specialist studies and EMPr and thirteen

Appendices which include specialist review reports commissioned by the LVPOA. Comments were also received

from other I&APs.

Motivation:

Preparation and distribution of the BAR for public review and the 62-day I&AP comment period expended 71 of the

90 days available for the Basic Assessment process. Of the 19 days that remained in the Basic Assessment period

only 12 are working days.

In the remaining time it is necessary for SLR to: review the I&AP comments; consult with the applicant; commission

the project’s specialists to respond to the comments on their work; appoint legal counsel to provide certain

responses; address the I&AP comments through responses; incorporate the comments and responses into the BAR;

and finalise and print the BAR for submission to GDARD.

Given the content and complexity of the LVPOA’s comment (72 pages comprising 278 points and referencing 13

Annexures) we do not anticipate being able to complete the work required in the remaining period. In this regard

it is noted that certain of the LVPOA comments cannot be responded to without first undertaking additional work.

Regulation 3(7) of the EIA Regulations 2014 provides for the competent authority to extend the prescribed Basic

Assessment timeframe.

Additionally, the responses to I&AP comments (notably through specialist feedback) are likely to generate

information that is novel and material. In order to ensure procedural fairness, the updated BAR should be made

available to I&APs for another public participation process of at least 30 days. Regulation 19(1)(b) of the EIA

Regulations 2014 provides for a 50-day extension of the Basic Assessment process in this instance.

Extension Period:

In terms of Regulation 19(1)(b) the GDARD is hereby notified that the updated BAR will be submitted to the GDARD

on or before 17 April 2020. It would be appreciated if the GDARD could provide a written response by the close of

business on 21 February 2020.

Yours faithfully

M. Hemming

Environmental Assessment Practitioner

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Edwynn Louw

From: Mjona Thato Danny (GAU) <MjonaT@dws.gov.za>Sent: Wednesday, 05 February 2020 15:03To: Edwynn Louw; ramudzuiia@dws.gov.zaCc: Matthew HemmingSubject: RE: Water use authorisation requirements for the Chloorkop Landfill Expansion project

Good Day Please note that landfill sites are not considered water uses. However, any activity within 500m of wetland considered water use if the activity will alter the characteristics (flow regime, quality, morphology, etc.) of that wetland. Regards Thato Mjona

From: Edwynn Louw [mailto:elouw@slrconsulting.com] Sent: 05 February, 2020 12:07 PM To: Mjona Thato Danny (GAU); ramudzuiia@dws.gov.za Cc: Matthew Hemming Subject: RE: Water use authorisation requirements for the Chloorkop Landfill Expansion project Good day Thato, This is a friendly follow up request regarding the below query submitted 30 September 2019. Please would you be so kind as to respond to us as this matter is urgent and we require guidance from your department. Thanks, and kind regards.

From: Matthew Hemming <mhemming@slrconsulting.com> Sent: Monday, 27 January 2020 15:53 To: mjonat@dws.gov.za; ramudzuiia@dws.gov.za Cc: Neil Brink <NEILB@enviroserv.co.za>; Edwynn Louw <elouw@slrconsulting.com> Subject: RE: Water use authorisation requirements for the Chloorkop Landfill Expansion project Good day Thato This is a follow-up to the email below in which we requested feedback from the DHSWS on queries relating to the Chloorkop Expansion Project. The matter is urgent and I’d appreciate a response from the Department. Kind regards Matthew Hemming African ESIA Technical Discipline Manager-

+27 82 940 8274

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+27 33 343 5826

mhemming@slrconsulting.com - SLR Consulting SLR Consulting (Johannesburg office) Suite1 - Building D, Monte Circle 178 Montecasino Boulevard Fourways, Johannesburg, Gauteng, 2191- From: Matthew Hemming Sent: 18 November 2019 08:09 AM To: mjonat@dws.gov.za; ramudzuiia@dws.gov.za Cc: Neil Brink; Edwynn Louw Subject: RE: Water use authorisation requirements for the Chloorkop Landfill Expansion project Good morning Thato This is a follow-up to the email below in which we requested feedback from the DHSWS on queries relating to the Chloorkop Expansion Project. Kind regards

From: Matthew Hemming Sent: 30 September 2019 11:07 AM To: mjonat@dws.gov.za; ramudzuiia@dws.gov.za Cc: Neil Brink Subject: Water use authorisation requirements for the Chloorkop Landfill Expansion project Good day Thato and Arinao Thank you for taking the time to meet with EnviroServ and SLR on 17 September. It is appreciated. The topic of discussion was EnviroServ’s proposed expansion of the existing Chloorkop Landfill Site and whether the project included any water uses that would require authorisation from the Department in terms of the National Water Act, 1998. I attach a copy of the presentation and other documents that formed the basis of our discussion. SLR is managing a Basic Assessment process to inform a Waste Management Licence decision from GDARD in terms of the NEM:WA, 2008. A key part of the WML process is that the designs of the landfill and stormwater dams have to be prepared by registered engineers in terms of the National Norms and Standard. The NEM:WA (Section 50(3)) requires that such designs be approved by DWS (Chief Engineer – Integrated Environmental Engineering). This is done by an internal ROD from DWS to GDARD. Our primary query is whether the landfill cells and stormwater dam are considered as water uses in terms of Section 21(g) of the NWA? If yes, what mechanism would the DHSWS require for the authorisation of these given that the facilities will be licensed by GDARD – whose decision is informed by an internal ROD from DHSWS. Would the DHSWS consider dispensing with the WUL requirements per Section 22(3) of the NWA? Please would you give this consideration. We would appreciate a written response. The second query relates to whether the activities/facilities which divert storm water and contain contaminated stormwater are considered as water uses in terms of Section 21(c) and (i) of the NWA? The site is located within 100m of wetlands on the adjacent property. This means it is located within the “regulated area of a watercourse” per GA 509.

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The proposed activities/facilities have been assessed in terms of the DHSWS wetlands risk matrix and are considered as a ‘low’ risk post mitigation. The GA could thus be applied. Please would you give this consideration. We would appreciate a written response. I’d be happy to provide any further information that might be required to inform the DHSWS’ consideration of the above matters. Kind regards

Matthew Hemming African ESIA Technical Discipline Manager-

+27 82 940 8274

+27 33 343 5826

mhemming@slrconsulting.com - SLR Consulting Unit 7 Fourways Manor Office Park 1 MacBeth Avenue Fourways, Johannesburg, Gauteng, 2191-

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