Reports, pre-directives, directives, pre-compliance notices and other records pertaining to the release of effluent into the iSipingo river.
Reference number: CER-2014-TMM-0002
Status: closed
Status note: Process concluded
Date submitted: February 21, 2014
Extension of time submitted: May 13, 2014
Stage(s):
Initial request
Request description:
In relation to the release of industrial effluent by an unnamed company into the iSipingo river referred to in eThekwini’s media statement dated 9 January 2014
1. Any reports submitted by the unnamed company under section 30 of the National Environmental Management Act, 1998 and/or section 20 of the National Water Act, 1998, that provides information as to:
a. the name of the company;
b. the cause of the incident that led to release of effluent into the iSipingo river on or about 6-9 January 2014;
c. the composition, amount and toxicity of substances or by-products released by the incident;
d. the risks posed by the incident to public health, safety and property;
e. any steps taken in order to avoid or minimise the effects of the incident on public health and the environment; and
f. the measures taken to avoid the recurrence of such an incident.
2. Any records compiled by or on behalf of the unnamed company that provide the name of the company, and the information referred to in s.30(3), (4) and (5) of NEMA and/or sections 20(3) and 20(4) in the National Water Act, 1998;
3. Any pre-directives, directives, pre-compliance notices issued against the company in terms of NEMA or the National Water Act, 1998;
4. Any warnings or fines issued to the company by eThekwini, under municipal by-laws or otherwise:
a. in relation to this incident;
b. over the past 3 years;
5. Details of any prosecution initiated by eThekwini Municipality or any other authority against the aforementioned company:
a. in relation to this incident;
b. over the past 3 years;
6. Copies of all compliance monitoring reports relating to the aforementioned company prepared by eThekwini Municipality over the last 3 years.
Initial request communication
Communication sent
Submission of PAIA request CER-2014-TMM-0002
Sent on: February, 21 2014
Response received
Response date: 2014-09-23
Response nature: Released in full
Received within statutory period: No
Released records
Record summary
1. Report by eThekwini titled: “Fish kill at Isipingo Beach Estuary”, dated 8 January 2014;
2. Site photographs, undated;
3. Email from Renelle Pillay (DWA) to George Nair and Christopher Fennemore, dated 8 January 2014;
4. Email from Renelle Pillay (DWA) to Dave Wilson and others, dated 9 January 2014;
5. Email from Sibusiso Khwela to Stephanie Reyes, dated 9 January 2014;
6. Email from Renelle Pillay (DWA) to Christopher Fennemore, dated 9 January 2014;
7. Email correspondence between Renelle Pillay (DWA), Christopher Fennemore, Santosh Bachoo (KZN Wildlife) and others, dated 10 January 2014;
8. Letter from Simba to Sibusiso Khwela re Environmental incident, dated 10 January 2014;
9. Letter from Simba to Sibusiso Khwela re Environmental incident overflow of trade effluent into the stormwater drain, dated 14 January 2014;
10. Email from Renelle Pillay (DWA) to Christopher Fennemore and others, dated 14 January 2014;
11. DWA File Note on meeting held at eThekwini Municipal Offices on 15 January 2014;
12. Email from Renelle Pillay (DWA) to Christopher Fennemore and others, dated 16 January 2014;
13. Ministry of Water and Environmental Affairs Internal Memo instructing Acting D-G: Water Affairs to investigate matters raised in letter from SDCEA of 13 January 2014, dated 17 January 2014;
14. Durban SAPS Written Notice for Simba EHS Manager to appear in the Magistrate’s Court, dated 14 January 2014; and affidavit by Sibusiso Khwela, dated 21 January 2014;
15. Email from Renelle Pillay (DWA) to Christopher Fennemore, dated 20 January 2014;
16. Email from Renelle Pillay (DWA) to Christopher Fennemore, dated 21 January 2014;
17. Email from Wrenay Arjoon of SAB Miller to Sibusiso Khwela, dated 23 January 2014;
18. Email from Renelle Pillay (DWA) to Christopher Fennemore and Jay Reddy, dated 29 January 2014;
19. Email from Christopher Fennemore to Sibusiso Shange and Ronnie Naicker, dated 31 January 2014; and
20. Email from Judy Shackell to MaryAnn Grafetsberger with print out of paid spot summons of R1000, dated 23 May 2014.
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