Factors preventing the successful implementation of the polluter pays principle : a case study of the Bayne's Spruit.
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Date
2002
Authors
Pole, Adrian Leonard.
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Abstract
Despite the pollution control provisions provided in national and local legislation that
explicitly or implicitly give effect to the polluter pays principle (PPP), certain rivers
continue to suffer from persistent industrial pollution. This research focuses on one such
river, the Bayne's Spruit, as a case study. The Bayne's Spruit is a small river that is
located within an urban catchment, and which has been subjected to wet industrial
pollution for over a decade. Much of this pollution is associated with the Pietermaritzburg
edible oil industry. This pollution impacts negatively on a downstream community that
uses the river for irrigation of subsistence crops, for recreation and for subsistence fish
harvesting. The pollution has also severely degraded the riverine ecosystem. This
research commenced with a literature review of the PPP in its international, national and
local context. It was noted that the current legislative framework for implementation of
the PPP with regard to pollution of rivers in South Africa comprises primarily of the
National Water Act 36 of 1998 (NWA), the National Environmental Management Act
107 of 1998, and the Pietermaritzburg-Msunduzi industrial effluent bylaws of November
1998. The case study was approached using a largely qualitative methodology, although
quantitative data was also relied upon where feasible. The historical context of the case
study was provided by conducting a review of newspaper reports, a review of.
government inspection records, and a review of water quality data (including biomonitoring
and chemical data). The current status of the Bayne's Spruit was then
explored by conducting in-depth historical interviews with community members, and by
conducting direct observation of the environmental status of the Bayne's Spruit. This data
was supplemented by an analysis of the test results of sampled industrial effluent, and by
information obtained from representatives of two edible oil companies. In-depth,
purposively selected interviews were conducted with various role players. (local
government, regional government and industry) to identify what factors are preventing
the successful implementation of the PPP in the case study area. Factors identified
include a lack of environmental ethic within the edible oil industry, with some of these
companies free riding on the Bayne's Spruit to maximize their profits. At a local level,
factors preventing implementation of the PPP include deficiencies in the local industrial effluent bylaws, failures to administer and implement provisions contained in the bylaws,
capacity restrictions and institutional paralysis. National legislation is not being
successfully implemented because the government agency empowered under the NWA is
deferring primary responsibility for dealing with pollution to the local authority. Factors
also include difficulties associated with monitoring of rivers, including lack of capacity to
engage in monitoring, and confusion over the functions of the various spheres of
government. Finally, enforcement complexities are a major factor preventing successful
implementation of the PPP. These problems relate to inadequate penalties, enforcement
arrangements, capacity problems, separation of authority to operate the municipal sewer
works and to enforce the industrial effluent bylaws, difficulties in identifying the
offending polluter (causation), problems with access to company premises, the open
access character of the storm water drainage system, previous failed prosecutions and
reliance on the criminal justice system.
Description
Thesis (M.Sc.)-University of Natal, 2002.
Keywords
Water--Pollution--Environmental aspects., Water--Pollution--Economic aspects., Water--Pollution--KwaZulu-Natal--Baynespruit., Water--Pollution--Law and legislation--South Africa., Environmental policy--Economic aspects., Environmental economics., Pollution--Law and legislation--Compliance costs., Theses--Environmental science.