Non-compliance assessment and law enforcement efficacy in the eMalahleni Local Municipality Mpumalanga

Abstract

Compliance refers to complying with legislation and/or licensing requirements, while regulation refers to the use of legislative powers to ensure compliance with the law (commercial law, 2016). It may also entail measures to ensure that companies comply with both industry and government regulations. Wastewater treatment works are required to comply with the operational standards of Green drop requirements and regulations from the Department of Water and Sanitation and are advocated by the National water Act, (Act 36 of 1998). As the highest law in the country, the Constitution of South Africa (Act 108 of 1996) represents the most overarching legal framework for wastewater services regulation. Where the Constitution, together with the Municipal Structures Act (Act 117 of 1998) and the Water Services Act (Act 108 of 1997), assign the responsibility for the provision of wastewater services to the local sphere of government (municipalities). In this regard some municipalities have been classified as WSAs that are responsible for providing water services within their areas of jurisdiction (RSA, 1997). This study pursue to assess the non-compliance effluent and impact of partially treated effluent discharged into water resource and the environment from wastewater treatment plants in eMalahleni local municipality, identifying challenges and risk. This was achieved through cross section study using qualitative data collection method. Data was collected through previous National Green drop assessments conducted by the Department of Water and Sanitation, resident’s interviews and local newspapers as well with physical operational plant assessment. Three questionnaires concerning the understanding and identification of the cause and impact of the discharged non-compliance effluent into a water resources and environment was investigated; (a) challenges leading to non-compliance of effluent (b) the impact of non-compliance effluent on environment (c) law enforcement challenges in water and wastewater management. Overall, the findings revealed that the two study wastewater treatment works operation is not satisfactory, they are not fully applying nor implementing the operational requirements of wastewater as stipulated by the regulator department and not implementing all the recommendations provided during National Green drop assessments conducted on this Municipality. There is an indication of plants operated by unskilled personnel who still require training on operations of wastewater treatment works. Both plants were found to be at high risk, do not comply with Ammonia and was concluded that will be placed under surveillance due to possibility of posing a health threats to the surroundings. The Municipality tap drinking water was no longer safe to drink and had a brown colour, it was found that the residents were not pleased with the water situation in eMalahleni. Local business were affected, guest at Hotels were told not to drink water from the taps. Challenges included a lack of commitment from management, attitude of operators, poor maintenance and budget, lack of an iii updated wastewater risk abetment plan, process audits and asset management, as well as politics and lack of public awareness. In conclusion, there are measures and regulations in place that can solve the noncompliance effluent challenges and increase compliance. This involves, among other things, ensuring compliance with the country’s water legislation, particularly water quality requirements, and taking enforcement actions in cases of non-compliance (DWAF, 2003; Ntombela, 2013), however they were ignored. It is concluded that all findings contributed to unsafe drinking water in eMalahleni. In light of these research findings, it is recommended that all Green drop requirements measures outlined be implemented so that compliance can be achieved. If this is not successful, the relevant DWS regional office will issue a directive, and if the conditions of the directive are not adhered to criminal charges may be laid against the municipality (DWA, 2010).