On the topic of “Environmentally Exposed – The Impacts to The Environment Following a Spill”, Gauteng Women In Insurance (GWII) hosted a Continuous Professional Development (CPD) session on 22 May, proudly sponsored by Envirosure.
During the session, Adelle Hartley, General Manager of Envirosure gave an overview of Environmental legislation, Nema Section 30 reporting requirements including fines and penalties for contravening the National Environmental Management Act. She also delved into claims scenarios highlighting the various methodologies utilised and the impacts on the environment.
Overview of environmental legislation
Hartley began her presentation by emphasising the general purpose of environmental legislation, which is to protect human health, preserve the environment for present and future generations, and ensure sustainable development.
The National Environmental Management Act (NEMA) is designed to promote cooperative governance and prevent pollution and ecological degradation. It provides guidelines and standards for adherence, screening, and monitoring to ensure comprehensive environmental protection.
NEMA Section 30 reporting requirements
Section 30 of NEMA plays a crucial role in managing environmental incidents. Hartley explained that this section provides key definitions related to incident control, including identifying the responsible person and the relevant authorities.
It mandates immediate reporting of any incident that significantly affects the environment, requiring the responsible person to take measures to contain, minimise, and remedy the effects of the incident. Specifically, an initial alarm report must be submitted to the relevant authorities, followed by a detailed Emergency Incident Report (EIR) within 14 days.
Fines and penalties for non-compliance
Failure to comply with the reporting requirements of NEMA Section 30 can lead to severe consequences.
Hartley highlighted that the penalties include fines of up to R10 million, imprisonment for up to 10 years, or both. These stringent measures underscore the importance of adhering to environmental legislation to avoid significant legal and financial repercussions.
A notable case highlighting these penalties involved Matome Maponya, the managing director of Blue Platinum Ventures 16 Pty Ltd, a clay mining company based in Tzaneen, Limpopo. Maponya was sentenced to five years imprisonment, suspended for five years on the condition that the environmental damage caused by the company’s mining operations be rehabilitated within three months. This landmark judgment for an environmental crime imposed direct imprisonment without the option of a fine, underscoring the serious legal consequences of environmental non-compliance.
In a significant case investigated by the Mpumalanga-based Green Scorpions, the Govan Mbeki Local Municipality was fined a record R150 million for polluting the Vaal River, residential areas, and farming land with untreated sewage. The court mandated that the fine be used to rehabilitate the collapsed wastewater infrastructure over the next three years. This conviction, the third such prosecution in Mpumalanga, has been seen as a strong message to municipalities across the country about the serious consequences of failing to comply with environmental laws. The municipality, represented by municipal manager Elliot Maseko, pleaded guilty to six charges related to the poor management of wastewater treatment, resulting in untreated sewage being discharged into the Vaal River and other areas.
Claims scenarios and methodologies
Hartley shared various claims scenarios to illustrate the practical application of the legislation. She described the methodologies used to address environmental claims and incidents, noting that each scenario is unique depending on factors such as location, type of product released, weather conditions, and proximity to sensitive receptors. Common methodologies include:
• Ex-situ site remediation: removal of contaminants for treatment elsewhere.
• In-situ site remediation: treatment of contaminants on-site.
• Disposal: removal of contamination to an accredited landfill facility.
• Incineration: burning certain products that are not suitable for other forms of treatment or disposal
Environmental impacts
The session provided an in-depth look at the potential environmental impacts of spills. Hartley emphasised that the chosen remediation methodology aims to restore the environment to its pre-incident condition while minimising long-term negative effects. She stressed the importance of swift and effective response strategies to mitigate these impacts.
Ensuring compliance and broader sustainability goals
To ensure compliance with NEMA and avoid penalties, organisations must have a fundamental understanding of the legislation and align their standard operating procedures with legal requirements.
Hartley pointed out that adherence to directives and the overall impact on the environment and human health are primary factors considered when assessing penalties or fines. Furthermore, environmental legislation like NEMA contributes to broader sustainability and protection goals by establishing duties, responsibilities, and standards that empower enforcement bodies such as the Green Scorpions to uphold and protect the environment.