The ROSE Foundation explains EPR Regulations and the proposed amendments in relation to used oil disposal in South Africa
In terms of the Waste Act, used oil is classified as a hazardous material, and the South African government has recently gazetted a notice outlining stricter regulations, in terms of extended producer responsibility, for used oil management and related penalties for non-compliance.
Bubele Nyiba, CEO of the ROSE Foundation, explains the implications for lubricant oil producers, and generators of used oil.
Thrown down drains or onto the ground, used lubricating oil can pollute the water and soil.
It is a toxic substance, dangerous to humans and nature, and therefore it needs to be stored, collected, and disposed of safely.
Approximately 120 million litres of used oil annually generated in South Africa is available to be collected and recycled.
In terms of current and impending legislation, the onus lies with the lubricants industry as the manufacturers and resellers of oil, to ensure that this is done.
In terms of extended producer responsibility (EPR), the producers of lubricant oil in South Africa, proactively and voluntarily took steps in 1994, to ensure that used oil was recycled responsibly, by forming the ROSE Foundation – an organisation responsible for driving correct and safe processes in the recycling and processing of used oil.
The organisation encourages the generators of used oil, to ensure that used oil from machinery and vehicles, is not thrown away indiscriminately, but is recycled by licensed and compliant collectors, and processors.
It also manages the compliance requirements of collectors and processors of used oil through licensing and educational programmes.
The National Environmental Management: Waste Act, 2008 (No. 59 of 2008) originally laid out the legal requirements for the recycling of used oil as a hazardous substance.
In terms of Section 18 of the Act, the Minister is entitled to identify a group or groups of producers to implement Extended Producer Responsibility (EPR)for their products/s.
In November 2020, the Minister in the Department of Forestry, Fisheries and Environment (DFFE) promulgated the EPR Regulations for the waste industry.
A notice to implement EPR by the lubes producers was gazetted on 23 March 2023, giving producers six (6) months to either form a Producer Responsibility Organization (PRO) or join an existing one or implement ROSE-like activities for their own oil.
The ROSE Foundation is preferred PRO of the majority of lubes producers and has applied for the official recognition as such.
The lubricants industry views this as positive legislation, that will ensure that everybody does the right thing.
No one can sit on the fence anymore (or become free riders, as the law puts it).
In addition, on 5 May 2023, DFFE has gazetted the proposed amendments to the EPR Regulations to cover key aspects of the regulations including definitions, reporting requirements, the recognition and inclusion of the Returnable Packaging Scheme or Deposit Refund System, as part of the Extended Responsibility scheme, and strengthening of enforcement and compliance with regulations to hold producers liable for the achievement of the published targets and to curb free riders.
All interested parties were invited to submit comments on the draft amendments within 30 days of publication.
The Rose Foundation currently ensures that there are licensed and compliant collectors to fetch used oil from workshops, mines, factories, vehicle depots, etc. Using licensed collectors ensures that used oil is not thrown away where it could damage the environment, but is properly recycled.
Regarding non-compliance, the EPR Regulations specify penalties, and it becomes a criminal offense not to comply.
There are stiff penalties for companies who want to look the other way, or who do not want to implement the law as it has been stipulated.
In the past you could do nothing, and nothing would happen to you, but now there are some very, very serious consequences.
The ROSE Foundation, educates people and organisation about the right thing to do so that they do not inadvertently break the law, but lack of knowledge of the law is no excuse.
There is no choice – do the right thing.
Click here to learn more about ROSE Foundation.
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