Responsible Packaging Management Association of Southern Africa

Transcription

1 New Environmental Legislation Challenges for the Food Industry Industrial Packaging & EPR Liz Anderson September 2010

2 Presentation includes - Introduction to the RPMASA & RPM Global Imperatives for business today Regulatory framework NEMA National Environmental Management Act Sustainable use of resources, Life Cycle approach to Impact Assessments NEM:WA Waste Management Act 6 of 1009 EPR for packaging & the Consumer Protection Act New Waste Management Classification & Regs UN TDG & GHS Classification Risk & RPM Solutions

3 - RPMASA A value chain Association & NPO for ALL involved in the Life Cycle of Industrial packaging. Part of a global network started in North America in 1942 for safe, sustainable collection, re-use & recycle of *Industrial packaging, comprising: RIPA - Re-useable Industrial Packaging Association SERRED -European Association JDRA -Japanese Association. ACRA -Australasian Association IPA -Industrial Packaging Association, UK ICCR -International Confederation Container Reconditioners ICPP -International Confn. Plastic Packaging Manufacturers RPMASA promotes International Principles & Codes of Best Practice for Responsible Packaging Management -RPM * Package used for transport or storage not intended for retail without repacking

4 The RPMASA aims are to promote & encourage: Safe Packaging solutions for safe use, transport & re-use Extended Producer Responsibility Protection of the Health & Safety of People, & Environment Sustainable use of Resources & packaging re-use through Providing information and networking opportunities Education, audit, awareness raising & workshops Partnering with Government, our International & National Network of Contacts as well as Creating value for used Industrial Packaging - safe re-use Registration of Reprocessors for safe, sustainable collection & reuse / recycle of used packaging to reduce waste, energy use and improve use of our natural resources

5 Responsible Packaging Management for Industrial Packaging provides a pro-active approach to sustainable use and re-use of resources and Climate Change 1999 Global Survey by RIPA and ICCR confirmed that steel drums can be safely reprocessed for re-use up to 5 times with savings in : raw material usage and fuel to transport them energy to convert with related emissions Waste produced from raw material conversion & use atmospheric and water emissions from operations and transport Plastic drums and IBC s can be reprocessed more times with similar savings 2006 International Packaging Conference in San Francisco adopted the Japanese word and culture of Mottainai that Industrial packaging is too good to waste and to Use the valuable thing as it is agreed that Associations of manufacturers and reconditioners should make a coordinated effort to educate fillers, shippers-consignors, & loaders of filled industrial packages on the requirements and the scope of their responsibilities for such packaging - EPR.

6 The RPMASA participates in various activities for the Benefit of Members providing : Manual of Key elements, Checklists & Codes of Practice, Assessment & Audit Protocol Training SAATCA Auditor Scheme Regional workshops with excellent networking Biennial International Conference on Transport & Environment Information from participation in : Government processes for new legislation and regulations e.g. Environmental and Waste Act National ISO and SANS Standards Committees UN Committee of Experts for transport of dangerous goods and the GHS

7 RPMASA Providing Information to aid Legal Compliance

8 Global Imperatives for doing business today Regulatory compliance Environmental Responsibility Sustainable use of resources Extended Producer Responsibility EPR Social Responsibility Financial Responsibility Transparency Public support and acceptability

9 Regulatory Framework South African Constitution 1996, SA Supreme Law Occupational Health & Safety Act, Act 85 of 93 Road Traffic Act * 93 of 1996 RTA DG Regulations & SANS Standards National Environmental Management Act National Waste Management Act 59 of 2008 Promotion of Access to Information, Act 2 of 2000 Consumer Protection Act 68 of 2008 PDF created * with UN pdffactory model trial version regulations TDG, IMDG & IATA

10 South African Constitution Act 108 of 1996 Bill of Rights: gives rights to all citizens including Environment S 24 everyone has right to: a) An environment that is not harmful to their health or wellbeing, and b) Have environment protected for the benefit of present & future generations, through reasonable legislative & other measures that - i) prevent pollution and ecological degradation ii) promote conservation, and iii) secure ecologically sustainable development & use of natural resources while promoting justifiable economic & social development S 32 Access to information

11 National Environmental Management Act - NEMA Framework Act for various Environmental Acts, it embodied several new and Global Principles : Precautionary Principle Duty of Care Producer Responsibility Polluter Pays Integrated Management Control of Emergency Incidents Protection of workers & whistleblowers Public participation & consultation Sustainable use of resources + development to be Socially, environmentally & economically viable Compliance & Enforcement - Meaningful penalties

12 Sustainabledevelopment, use of Resources & Life Cycle approach to Environmental Impacts : Minimise disturbance of ecosystems & loss diversity Consider consequences of use of non renewable s Use of renewable resources NOT to exceed replacement Avoid & prevent pollution Avoid waste minimise, reuse or recycle Integrated approach to examine each aspect Life Cycle / Value chain from cradle to grave not resurrection! Permits not likely approved if full assessment with alternates not demonstrated and evaluated Financial provision for closure and remediation

13 Why Life Cycle approach? Consumer goods Did you know that? 90% of materials extracted for durable goods become waste almost immediately (American Business Week) Toothbrush ~1.5 kg waste Cell phone ~ 75 kg waste 1 ton car ~ 62 tons of waste 2.3 kg laptop ~ 9 tons waste

14 Responsible Packaging Management - The future? If we go on with current production and consumption patterns, Two planets will be needed by

15 Sustainabledevelopment, use of Resources & Life Cycle approach to Environmental Impacts : Examples food processing, packaging & delivery to customer, need to examine each step along the value chain to see if acceptable practice e.g. Farming practices picking/packing transport to factory process packaging transport to retail shop consumer HOW MUCH WASTE GENERATED ALONG THE CHAIN? Could it be done differently with savings in environmental burden & better consumer acceptance?

16 NEM:WA National Waste Management Act 2008 Waste - A substance, whether or not that substance can be reduced, re-used, recycled and recovered - that is surplus, unwanted, rejected, discarded, abandoned or disposed of; which the generator has no further use of for the purposes of production; that must be treated or disposed of; or that is identified as a waste by the Minister by notice in the Gazette, It includes waste generated by the mining, medical or other sector, but a by-product is not considered waste; and any portion of waste, once re-used, recycled and recovered, ceases to be waste.

17 Definitions By-product A substance that is produced as part of a process that is primarily intended to produce another substance or product & that has the characteristics of an equivalent virgin product or material, e.g. Sugar molasses animal feeds & alcohol Re-use To utilise articles from the waste stream again for a similar or different purpose without changing the form or properties of the articles. e.g. drums reprocessed following RPM

18 Extended Producer Responsibility - EPR Measures that extend a person s financial / physical responsibility for a product to post-consumer stage Voluntary EPR Majority of EPR schemes to date Mandatory EPR Interventionist measure (co-regulatory) Priority wastes The Minister may declare a waste to be a priority waste if the Minister believes that the waste poses a threat to health, well-being or the environment as a last resort Consequences No person may import, manufacture, process, sell or export a priority waste or a product that is likely to result in the generation of a priority waste unless that waste complies with the requirements. No person may recycle, recover, treat or dispose of a priority waste unless in accordance with the requirements.

19 General Waste Waste that does not pose an immediate hazard or threat to health or to the environment. Includes, domestic waste; building and demolition waste; business waste; and inert waste. Hazardous waste Any waste that contains organic or inorganic elements or compounds that may, owing to the inherent physical, chemical or toxicological characteristics of that waste, have a detrimental impact on health and the environment.

20 The Waste Hierarchy Department of Agriculture, Environmental Affairs and Rural Development

21 Waste Management Licensing No person may commence, undertake or conduct a waste management activity, except in accordance with the requirements or standards determined in terms of section 19(3) for that activity; or a waste management licence issued in respect of that activity, if a licence is required. List of waste management activities Government Notice No 718 of 03 July 2009 In effect from 03 July 2009 Category A Basic assessment process Category B Full scoping and EIA process Licensing Authority: Hazardous National, General Provincial or Municipal

22 Examples of Category A Activities The storage, including the temporary storage, of general waste at a facility that has the capacity to store in excess of 100 m 3 of general waste at any one time. The recycling or re-use of general waste of more than 10 tons per month. The construction of facilities for activities listed in Category A. The expansion of facilities or changes to existing facilities. The decommissioning of facilities for activities listed in Category A and Category B.

23 Examples of Category B Activities The reuse and recycling of hazardous waste. The treatment of hazardous waste using any form of treatment regardless of the size or capacity of such a facility to treat such waste. The disposal of general waste to land covering an area in excess of 200 m 2. The construction of facilities for activities listed in Category B.

24 New Waste Management Classification, draft Regs and Waste Information System Waste generators need to register with the National Waste Information System within 60 days of commencement Duty to keep records 5 years Report within 30 days of the end of the quarter Information contained in the WIS must be made available subject to PAIA

25 UN TDG & GHS Classification 1956 ECOSOC constituted the UN TDG Committee Purpose - to improve safety of transport in ALL modes transport for consumer and Industrial products to protect people, property and the environment st revision UN TDG Model Regulations published to harmonise & facilitate updating National legislation globally 1999 ECOSOC Resolution for 2 nd committee for GHS to add peoples health and environment issues for SDS and labelling of product to support SA adopted the TDG regs into SANS Standards in 1990 under Chapter VIII of the Road Traffic Act TDG 16 th revision & GHS 3 rd Revision

26 UN TDG & GHS Classification Chapter VIII RTA & SANS Standards SANS Classification SANS large Packaging SANS Operational requirements for road vehicles SANS Emergency information systems P s 1, 3& 4 SANS Intermediate Bulk Containers IBC s SANS Handling, storage of pesticides SANS Reprocessing previously certified packaging SANS warehousing of dangerous goods SANS Classification & labelling dangerous substances & preparations for sale and handling SANS transport of low hazard substances SANS GHS SANS / ISO Safety Data Sheets - SDS

27 UN TDG & GHS Classification & RT Act Significance for the Food Industry TDG - Transport starts with Packaging - large & consumer -followed by labelling of risks 9 Risk classes from explosive to corrosive & env. risks Class 6.1 toxic & 6.2 biological risks including GMO s, could be food waste Class 8 Corrosive includes low & high ph e.g. vinegar Class 9 miscellaneous mixtures & environmental hazards GHS Classification adds People health& environmental risks for SDS SANS/ISO and labelling especially consumer products

28 Chemical Risks & Legal Compliance Globally - 9 Risk Classes for packaging, labelling & transport, require performance tests

29 Pro-active solution to safety &EPR Chemicals are part of our daily life They can be both helpful & harmful Packaging is essential to get products to the customer whether Industrial or retail & can be re-used. CAS lists over commercial chemicals Industrial chemical packaging used is high risk Waste Act requires all in the product value chain to implement EPR for their used packaging and comply with legislation to Protect health and safety of people, property & the environment Use of correct packaging specification for new & used packaging is vital to safe transport & to prevent failures Used chemical packaging is hazardous waste which can and should be collected & reprocessed for safe re-use Responsible Packaging Management, RPM provides the pro-active solution

30 Chemicals in daily life What are these found in? * acetaldehyde * methanol * ethanol * ethyl acetate * n-propanol * iso-butanol * amyl alcohol * iso-amyl alcohol S W????? Or?? * acetic acid2-methyl butanol + hexanol * Butyl acetate + 2-methyl butyl acetate + hexyl acetate * Methylpropylbutanoate + butyl-2-methylbutanoate * 3-Methylbutylhexanoate + pentyl & hexyl hexanoate * etc, etc A????

31 New Waste Management Classification & Regs Change from Min Requirements to UN GHS system What does this mean for Industry? A new way of thinking to consider health and environmental impacts for classification & disposal New Draft regs will be in place Dec or early 2011 Apply across ALL provinces & ALL waste generators Wastes must be classified as per GHS & SDS generated within 12 moths of regs being gazetted May not be mixed after classificn or to dilute to reduce concn Waste manifest transporters & facilities may not accept All waste classified in terms of Min Requirements must be reclassified within 18 moths

32 New Waste Management Classification & Regs Waste facility Manager returns copy of manifest to generator Record keeping to be in place within 6 months Waste manifests to be in place within 12 months NB - requires inclusion of SAWIS registration number Penalties Guilty of offence if fails to comply or provides false or misleading information Penalties up to 15 years in prison and / or fine!! Pre-classified wastes include General domestic, building, business, garden & tyres Hazardous HCRW health care risk wastes Asbestos

33 Draft Standard for disposal waste to landfill includes provisions for waste disposal restrictions - List of proposed restrictions for disposal + timeframes a) Explosive, corrosive, oxidising -immediate b)waste with ph value of < 6 or > 12 -immediate c) Reactive waste or which can generate toxic gases f) Pesticides - immediate g) Lead acid batteries - immediate h) Other batteries - 8 years i) Used oil -2 years j)used/spent solvents -4 years r) Brine or waste with high salt content -8 years

34 Business, Industry, Govt & Hospitals use chemicals for Manufacture, cleaning and control of pests & weeds -Recent drum survey showed a disappointing decline in drums collected for re-use since Steel 46%, plastic approx 10 % & IBC s unknown - Steel can be reprocessed for re-use up to 5 times, Plastic and IBC s can be reprocessed for re-use up to 10 times Where do the rest go?? Opportunities exist to collect & re-use for intended purpose to stop waste, pollution & harm to people Mottainai! Opportunities exist to work together on a Life Cycle approach to safe collection, re-use and recycle of material at end of life for non domestic use

35 Challenges - Street Traders e.g. Durban Station EPR??

36 Challenges EPR for Responsible Management of used Chemical Packaging EPR?? Challenges - Sale of drums & water

37 Protection of people & environment -?? Challenges - Use of drums for drinking water Responsible Management of Chemical Packaging in Africa?

38 ? Challenges Water for cooking Drinking & washing

39 Mandara Trust - illegal waste site: i EPR??

40 Photo Album by Challenges Liz Anderson unacceptable practices & safety of packaging for re-use

41 Consumer Protection Act 6 of 2008 comes into effect 29 October 2010 Significance for the Food Industry?? 59 Recovery & safe disposal take back 58 & 49 Warning of risks 60 Safety monitoring and recall 61 Liability for damage caused by goods 66 Deposits for containers packaging & supply chain impacts NB must pay regardless where bought 82 & 60 make provision for use of Industry Codes 67 Return of parts & materials

42 Used chemical and food packaging with residues is Hazardous posing risks to all if not handled responsibly It has a value to the poor for water storage and domestic purposes posing risks to health & the environment First prize - organized collection and reprocess for re-use for original purpose by trained, registered collectors which can create empowerment & jobs Reprocess by audited, registered reconditioners will assist municipalities with compliance End of life recycle by trained, registered recyclers RPMASA Members Manual contains information on Transport & Environmental compliance, Codes of Practice and management checklists Training is in place to assist awareness & compliance Collection & Re-use will significantly reduce footprint

43 Responsible Management of used Chemical Packaging - Regulations UN Model Regulations, IMDG & SA regulations require new SANS 10229/10233 & reprocessed packaging SANS to comply with international performance specifications through annual test, certification or registration & application of their unique mark to each unit of packaging Purpose, safety of use to protect people, property & the environment AND prevent failures! Registration by the SABS requires Audit for capability & compliance which includes environmental compliance Steel drums can be reprocessed up to 5 times thus saving resources and energy 1999 ICCR Study Plastic drums & IBC s can be reprocessed many times with greater savings + positive contribution to climate change End of life opportunities include scrap steel and plastic for re-use in other products non domestic due to risks

44 National Network Collectors & Recyclers The Registration process for Reprocessors is there to uplift current practices & recover used packaging - Next Step for a register of collectors and recyclers (to protect people & environment) is criteria to measure them against e.g. Collectors Roadworthy vehicles & registration as operators Driver training & PrDP D Placarding & documentation including nominally empty certificates Recyclers, converters, scrap merchants Correct zoning for operation Recycling and Waste licences / permits Environmental authorisations Trained people, etc Industry Extended Producer Responsibility & Partnering with Government and Municipalities will reduce risks to people and the environment BUT communities need safe containers for domestic use

45 Responsible Management of used Chemical Packaging - Current Challenges Poor recovery rates where do they go??? Approx 10 m 20/25l plastic jerricans, 1 m larger plastic drums & 5000 IBC s currently manufactured in SA, imports unknown?? Less than 10% reported recovery for re-use as packaging! Education and training - Industry, collectors, reconditioners and recyclers & waste companies risks & best practice Industry behaviour & attitude to packaging waste expect to be paid for their used drums yet PAY to have waste removed Waste Act & EPR Life Cycle approach to reduce footprint manufacturers to take measures that extend financial & physical responsibility for product to the post-consumer stage, for re-use, recycling & recovery of waste including packaging Need a paradigm change - Partner with us to make it happen!

46 Responsible Management of used Chemical Packaging Opportunities & Solutions: Waste Act & EPR National network of registered collectors, reprocessors & recyclers to take back for re-use / recycle Reprocessor Audit - capability, compliance & registration EPR - Users support to collect, reuse & recycle packaging EPR -Users insist on use of RPMASA Audit, unique mark & correct specification for legal chemical & liquid use. Training reprocessors, industry & communities Audit improved compliance to reduce risk & liability Life Cycle approach to re-use less footprint Reduce public demand, provide alternate safe containers for domestic use Safe, Happy drum Project. Partner with us to make it happen!

47 Responsible Management of Used Chemical Packaging EPR Solution for Industry use of logo FOR DISPOSAL, RECYCLING OR RECONDITIONING PLEASE CALL, TOLL- FREE Responsible Packaging Management Association of Southern Africa DO NOT USE FOR DRINKING WATER Propose Companies sign MOU with the RPMASA for use of logo & Toll free number on their drums to facilitate take back through audited, registered service providers - collectors, reconditioners, recyclers & final disposal

48 RPMASA - Model for Collection & re-use of Steel and Plastic Drums & Containers Recondition & Re-use Steel Scrap Re-use Steel for Legal re-use or disposal Landfill Raw Drum & Fillers Material Container Users & Collection & Final Disposal Manufacturers Manufacturer Emptiers Sorting Traders & Steel & Agents Polymer Imports Landfill Raw Materials Imports UN Specification for chemical use & re-use Plastic Products Scrap e.g. Dustbins & Legal Specification for use NEMA Plastic Chip for Garden Furniture Ch VIII Road Traffic Act Duty of Care RTA Alternate SANS EPR Duty of Care use Alternate SANS EPR Fuels SANS Therfore energy replacement RPMASA Recycle Wash & Recondition Re-use S21 Company UN Model Regulations, IMDG Code & SANS Contribution to SANS &10233 Co-ordination of Collection Correct specn for legal re-use Training, Audit & Registration Waste Act & EPR for Legal re-use or Disposal

49 ethekwini - Umgqomo Ophephile Sponsor a Happy Drum project, could be rolled Nationally to protect the poor and the environment WaManzi Kuphela Sponsored for Drinking Water Only Support this initiative Save a life, as well as gain Tax benefits and BBBEE points. Working together Government Individuals & Corporates can make a difference

50 Challenges - Street Traders e.g. Mansell Road, Durban EPR??

51 EPR for used chemical packaging - Are you part of the solution or part of the problem? Let s start the process for safe National collection and re-use as many times as safely possible Join the RPMASA to be part of the solution to improve collection rates let us have your comments on our web blogg Where should a green levy start?? Lets partner Nationally to protect people, reduce the waste footprint & environmental burden - Thankyou

52 Don t wait for the unknown to appear and bite you! Be proactive, work with the RPMASA be part of the solution, not the problem! Understand and comply with Packaging Regulations, Re-use & Re-cycle for a Sustainable Business & Future

53 International Legislation - EU Directive 2004/12/EC on Packaging & Packaging Waste originally came into Force in 1994 revised 2004 It sets member States mandatory Recovery and Recycling targets for: Glass Paper/Board Metals Plastics Wood It requires a Life Cycle Analysis to Underpin recovery & recycle targets