Envass advises on new Mine Residues regulations

CBA Associate Member ENVASS, an environmental consultancy providing a comprehensive range of environmental assessment services, has provided the following information for CBA Members. The South African Department of Environmental Affairs promulgated and published the Regulations regarding the planning, establishment and management of Residue Stockpiles and Deposits (GNR 632) and the Amendments to the list of waste management activities that have, or are likely to have a detrimental effect on the environment (GNR 633) on 24 July 2015.

These regulations apply primarily to mining activities related to residue stockpiles and residue deposits and includes; discard, slurry, tailings, slimes, waste rock, ash or any other product derived from a mining operation that is stockpiled, stored or accumulated for potential reuse or disposal.

A very important aspect of the new regulations is that residue deposits and stockpiles are now classified as waste for purposes of the Waste Act. This means that the management of mining related residue deposits and stockpiles now fall under the National Environmental Management: Waste Act, 59 of 2008. Below is a summary of the important implications of the new regulations.

New listed Waste Activities - Mine Residues and Stockpiles

The listed Waste Management activities which require a waste license now include the following two activities:

• Category A activity (15): The establishment or reclamation of a residue stockpile or residue deposit resulting from activities which require a prospecting right or mining permit, in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).
• Category B activity (11): The establishment or reclamation of a residue stockpile or residue deposit resulting from activities which require a mining right, exploration right or production right in terms of the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002).

Any activity that falls within Category A requires a Basic Assessment and application for a Waste License, and any activity under Category B requires an EIA and Waste License.

Implications of the regulations on new projects

The establishment of any new mine residue deposit or stockpiles will now require the following:

• The applicant must apply for a Waste Management License for any new mine residue stockpiles and deposits to be established or reclaimed. This application will form part of the EIA process and will be in addition to the application for an environmental authorization.
• The EIA must ensure that all the impacts are identified and appropriate management measures for the mine residue deposits and stockpiles are applied.
• The applicant must undertake a full waste characterization of all planned mine residue stockpiles and deposits to be established or reclaimed.
• The pollution control barrier system (liners) for these mine residue deposits and stockpiles will be defined by the National Norms and Standards for Assessment of Waste for Landfill Disposal as well as the National Norms and Standards for Disposal of Waste to Landfill as published under the Waste Act.

Implications of the regulations on existing projects

Existing residue stockpiles and deposits are classified as those that were approved in terms of the Minerals Petroleum Resources Development Act (MPRDA), as at 24 July 2015. On existing mine residue stockpiles and deposits the following will apply:

• Existing MPRDA right holders must continue to manage the mine residue deposits and stockpiles in accordance with the approved mitigation measures prescribed in the holders approved Environmental Management Plan.
• Existing Environmental Management Plans that have been approved under the MPRDA are deemed approved as a Waste Management License under the Waste Act.
• There is no requirement to obtain a new Waste Management License in respect of existing approved residue stockpiles and deposits.
• However, it is important to note that the Minister of Mineral Resources (as the competent authority under the Waste Act for mining related activities) does have discretion and authority to issue a directive to holders of existing approved Environmental Management Plans to amend their plans to address any identified issues.
• This is likely to occur in circumstances where the Minister is of the opinion that the mine residue deposits and stockpiles are likely to result in significant pollution, degradation or damage to the environment.

What are the implications if existing mine residue deposits and stockpiles are not authorized in the EMPR?

If an existing operation have residue stockpiles and residue deposits that are not legally authorized in their existing Environmental Management Plan. It appears that they would be unlawful under the Waste Act and would need to be permitted as per the regulations.

Classification Process

Regulation 5 of Planning and Management of Residue Stockpile and Residue Deposit of July 2015 requires that waste must be characterized in the following manner:

• Characteristics of the residue.
• Location and dimension of the deposit.
• Importance and vulnerability of the environmental components that are at risk.
• Spatial extent, duration and intensity of potential impacts.
• Pollution control barrier system compliant with the norms and standards for disposal to landfill.

The regulations require that the classification must be undertaken by a competent person, i.e. someone who;

• Is qualified by virtue of his/her knowledge, expertise, qualifications, skills and experience.
• Is knowledgeable with provisions of NEMA, Waste Act, MPRDA and other provisions
• Has been trained to recognize any potential or actual problem in the performance of their work.
• Is registered with the regulatory body for the natural science profession or appropriate legislative body.
• As part of classification conduct and document a risks analysis on all residue deposits and stockpiles.

The design process of Mine Residue Deposits & Stockpiles

The Design of residue stockpiles and deposits is described under Regulation 7 which states that the design must be conducted according to:

• National Norms and Standards for the Assessment of Waste for Landfill Disposal, 2013.
• National Norms and Standards for Disposal of Waste to Landfill, 2013.

Obligations and duties of the Applicant

Residue stockpiles and residue deposits must be categorized and classified in order to investigate and identify a suitable site for the establishment of the residue stockpiles and deposits. The identification and assessment of the environmental impacts arising from residue stockpiles and residue deposits must be done as part of the NEMA EIA process.

The following key aspects need to be undertaken:

• Compile a risk analysis based on the characteristics and classifications set out in Regulation 4 & 5 to determine appropriate management and mitigation measures.
• Any deviations from the design must be approved DMR and EMPR must be amended accordingly.
• Measurements of all residues transported to the site and surplus water removed from the site must be recorded as part of monitoring system.
• Appropriate monitoring systems must be identified and implemented. The monitoring system must take into account :
  • baseline and background conditions with regards to air, surface and groundwater quality;
  • the air, surface and groundwater quality objectives;
  • residue characteristics;
  • the degree and nature of residue containment;
  • the receiving environment and specifically the climatic, local geological, hydrogeological
  • and geochemical conditions;
  • potential migration pathways;
  • potential impacts of leachate;
  • the location of monitoring points and the monitoring protocols; and
  • the reporting frequency and procedures.
• Dust at residue stockpiles and residue deposits must be managed in accordance with the requirements on dust control as regulated by Mine Health and Safety Act, 1996 (Act No. 29 of 1996) and in terms of the National Environmental Management Air Quality Act, 2004 (Act No. 39 of 2004).

Other important implications of the new regulations:

• If waste characterization classify mine residue deposits and stockpiles as hazardous and should it include elements of concern beyond prescribed levels, the outcome of the assessments will determine the required barrier system that in certain instances may require HDPE liners as mitigation measures.
• Waste rock will now also need to be characterized in terms of the regulations and may require a barrier system that could include HDPE lining depending on the presence of elements of concern.
• Backfilling of pits with waste rock that contain elements of concern that exceed prescribed levels may require a liner before backfilling can take place.