water use licensing workshop water use licence general ... · general conditions –specific...

Water Use Licensing Workshop

Water Use Licence

General conditions

Angelika Möhr

General Conditions

• Conditions that apply generally to whole site/all

water uses

• Instructive conditions

• Licensee has the right to request amendments

to any conditions but these may or may not be

accepted by DWS

General Conditions -

Regulatory

• Licensee is subject to all provisions of the NWA, the licensee is responsible for complying to the licence:

• Appointment of a responsible person to undertake/oversee the activities in the licence (suitably qualified) is critical

• The WUL does not exempt the licensee from other legal obligations or regulatory conditions. Licensee to be aware of:

• Section 19 of NWA – minimising & addressing impacts to the water resource

• Acts - National Environmental Management Act (Act 107 of 1998)

• Ordinances (temporary laws)

• By-laws – municipal

• Regulations – Regulation 704 (specific conditions ask for compliance to Reg 704)


Instructions

• Licensee to

• inform DWS of changes of names,

addresses, premises, legal status or farms

• pay the charges for water uses as invoiced

• undertake internal audit

• appoint an independent external auditor

• report on incidents within 24hours

• maintain & calibrate flow meters

General Conditions – Specific

Examples of Changes

• The water use authorised in this licence could be subject to appropriate reduction

• The Licensee must improve to a level 4 BBBEE contributor and report on progress must be submitted to the Department

• Inform the Department at least 90 days before the expiring date whether the licence must be considered for another term.

• Regulation 704 exemptions for specific infrastructure have been included

• This licence supersedes all Permits and Exemptions issued in terms of the Water Act, 1956.

• If the water use authorised cannot be carried out responsibly, all activities must be immediately ceased and licensee to take preventative action


Challenges and Suggestions

• Some reserve determinations have not been made available or undertaken as desktop, Licensee to assist DWS

• Calibration of flow meters not practical, suggest verification

• Lack of established water user associations, suggest other associations recognised by DWS

• Discrepancies in charges or no charges, will DWS back date invoices? DWS has administrative challenges

• Reporting ALL incidents, how to deem what should be reported – incident risk level

• Duplication of conditions within licence – integrate conditions into Licence Implementation Plan (LIP) for internal compliance and reporting

General conditions -

Suggestions

• Propose an amendment application to integrate duplicated conditions into General Conditions

• Suggestions to DWS - consolidate management requirements from all appendices into General Conditions to incorporate entire site:

• Stormwater management

• Pollution prevention/minimisation

• General monitoring requirements e.g. SABS methods, sample sheets

• Site notices & access – general vs specific

• Chemical & materials storage

• Reporting

• General conditions associated with construction and operation

• Rehabilitation and budgetary provisions

• Auditing


Water use licence -

Section 21(a), (b) and (j) water use

Didi Masoabi

Main Focus Areas

Main headings Focus areas

General Compliance to WULA specifications

Further Studies and

Information

Requirements

Site specific EIA/EMP, specialist

studies, public participation, other

Monitoring and

Reporting

Routine monitoring & reporting,

quality limits may apply

Other Water Users Impacts on downstream users

Special ConditionsSpecialist study findings &

recommendations in WULA

Section 21 (a) Water Use

• Taking water from a water resource

• This use involves pumping of water from a dam or river, or from a borehole

• The intent is to use water efficiently

• It also applies to water removed from underground in terms of section 21(j) and which is not discharged into a water resource, i.e. water used by mines in their processes, for irrigation of golf courses, or for other uses

NB

Water taken from a municipal supply network OR Water Services Provider such as a

Water Board is NOT a S21 water use.

Please note that the water use occurs at the point where the water is

taken from the resource and not at the point where it is applied

Approach to Comply

• Ensure the following:

• water taken from the resource is metered daily with a

total recorded monthly

• records are kept and forward copy of records to the

Provincial Head usually by 25 of January & July each

year

• appropriate measuring devices are installed

• abstract ONLY what has been authorised

Section 21 (b) Water Use

• Storing water

• This includes water that is stored in a dam, reservoir, or other impoundment, either in a watercourse, or off-channel

NB

This water use does not include water that contains waste, for

example water collected through a sewer system, or wastewater from

an industrial plant -Section 21 (g)

Approach to Comply


• measure flows entering and leaving the

dam

• levels in the dam to be recorded monthly,

• storage structures have to comply with

Dam Safety Regulations

• dam size (wall height ≥ 5m high & capacity

≥ 50 000m3) – safety risk – classification

Section 21 (j) Water Use

• Removing, discharging or disposing of water found underground for the continuation of an activity or for the safety of persons

• The pumping of water from underground in a mine or construction site to ensure continued production and safety in underground workings

“”Safety should be priority””

If part of the water removed for this reason is not disposed off – Section

21(g) - or discharged –Section 21(f) - into a water resource, but used for

some purpose, this water use will be considered to be the taking of water

in terms of section 21(a).

Approach to Comply


• water removed from underground must be

metered daily with a total recorded monthly

• install appropriate measuring devices,

• keep the records and forward copy of

records to the Provincial Head yearly

through the annual update of the water

balance – if also 21(a) then biannual

submission is needed

• water quality limits may apply but typically

only in older WULs


Water use licence -

Section 21(c) and (i) water use

Jacky Burke

Intent of the Section 21(c)

and (i) ConditionsProtect resource quality of a watercourse to full extent

with possible protection buffer

Resource quality

(a) quantity: assurance of instream flow;

(b) quality: physical, chemical and biological

(c) instream and riparian habitat

(d) aquatic biota

Main Focus Areas

Main headings Focus areasGeneral Compliance to WULA design specifications

Further Studies and

Information

Requirements

Method statements, site specific EIA/EMP,

specialist audit, landscape & plant species plan,

other

Protective Measures Erosion controls, vegetation management,

structural integrity

Stability of U/G workings for undermining near

watercourses

REQUIRES

GN704 compliance

Effective Stormwater Management Plan

Alien vegetation control program

Inspections & scheduled maintenance

Stability/subsidence monitoring & protective

measures U/G

Storm Water

Management

Structures and Materials

Water Quality

Flow

Riparian and lnstream

Habitat (Vegetation and

Morphology)

Biota

Main Focus Areas Cont.

Main headings Focus areas

Rehabilitation and

Management

Rehabilitation program (RSIP)

Photographic records

Monitoring and

Reporting

Routine monitoring & reporting, quality limits may

apply

Other Water Users Impacts on downstream users

Pollution Prevention,

Incidents and

Malfunctions

Effective housekeeping & management of 21(e), (f)

and (g) water uses:

REQUIRES emphasis on source controls &

behavior change

Budgetary Provisions Budget must consider riparian zone

Special Conditions

Specialist study findings & recommendations in

WULA

Annual public participation on compliance

Approach to Comply

• Ensure crossing & diversion design is

compliant with best practices and/or GN704 –

concrete OR vegetation

• Ensure a good WULA at the outset – high

quality specialist input to ensure site specific

conditions in licence are practical and

reasonable

• Have a system of inspections and scheduled

maintenance in place

Integrated

hydrologist &

aquatic specialist

input, possibly also

hydropedologist

FRESHWATER ASSESSMENT REQUIREMENTS TO ALIGN WITH WULA REQUIREMENTSPresented by:

Stephen van Staden Pr. Sci. Nat.

Scientific Aquatic Services

WHAT ENCOMPASSES A WATER RESOURCE

• NWA defines water as a renewable natural resource

• Means the water resource and not just the water itself is the resource and must be treated as an integrated component.

• The ecological integrity of a resource is therefore considered an essential part of the resource. Included in the definition of this resource is:

The physical and structural aquatic habitats (both in stream and riparian), the water, the biota and the physical, chemical and ecological; processes

that link habitat and biota

THE BUSINESS CASE?

Legal compliance

Group policy and ethics requirements

Social licence to operate

Manage impact on natural resources and the communities that rely on them

Prevent project delays

Prevent costs of reworking and resubmission

WHEN IS A WUL REQUIRED?

Section 21 of NWA

a) Taking water from a water resource

b) Storing water

c) Impeding/diverting the flow of water in a watercourse

d) Engaging in streamflow reduction activities (e.g. plantations) (Section 36)

e) Engaging in controlled activities (Section 37(1) and 38(1))

f) Discharging waste/water containing waste into a water resource

g) Disposing of waste in a manner which may have a negative impact on a water resource

h) Disposing of water which contains waste from, or which has been heated in, and industrial/power generation process

i) Altering bed/banks/course/characteristics of a watercourse

j) Removing/discharging/disposing of water found underground if it is necessary for the efficient continuation of an activity or

for the safety of people

k) Recreational use

GN-509 relates

specifically to 21c & 21i

WATERCOURSE VS WATER RESOURCE

Freshwater Baseline Studies

Watercourse Water resource

• Canal

• Reservoir

• Groundwater

• Drainage line

• River (& Riparian Zone)

• Spring

• Natural channel

• Wetland/lake/dam

Legal protection

(covered under c & i)

Water

flow

No legal protection

(not covered under

c & i) but other uses apply

How many

Water

Resources

are there

on this

slide?

WATERCOURSE EXAMPLE

Original channel

Encroached channel

Diverted channel

Pollution control/tailings dams

Legend

Large River

Non Perennial River

Large River

Non Perennial River

WATERCOURSE VS WATER RESOURCE

WHAT IS A WETLAND?

• Four indicators:

Position in landscape

Crest

Scarp

Midslope

Footslope Valley

bottom

Most likely

but not

exclusive

IDENTIFYING AND DELINEATING A WETLAND



Soil form and wetness

Champagne/Katspruit/Willowbrook/Rensburg*

ALWAYS denote wetlands

BUT

G Horizon within 50cm of NGL

IDENTIFYING AND DELINEATING A WETLAND




VegetationKey component

Permanent

Seasonal

Temporary Facultative

Obligate

Juncus effusus

e.g

.

Zones of wetness

DELINEATING A WETLAND




Vegetation

Redoxymorphic features

Gleying Mottling

Most reliable

DELINEATING A WETLAND

WHAT IS THE RIPARIAN ZONE?

DELINEATING THE RIPARIAN ZONE

•Four indicators:

Landscape position

Alluvial soils


Landscape position

Alluvial soils

Topography

Alluvial

deposits



Landscape position

Alluvial soils

Topography

Vegetation

Physical structure

&

Species composition

Most

reliable


ZONES OF REGULATION

Watercourse

1:100 year floodline, OR

Outer edge of riparian zone, OR

100m from edge of watercourse

32m from edge of watercourse or provincial or local setback

1:50 year floodline, OR

100m from edge of watercourse

Wetland

500m from edge

DW

SN

EM

A

NOTE: Dual authorisation invariably required if activity falls

within both DWA & NEMA zones of regulation

GN

-704

1:100 floodline

Riparian zone

Extent of watercourse

ZONES OF REGULATION

WHEN IS A WUA REQUIRED FOR C&I? OR GN509

Does your Section 21 activity fall within the zone of

regulation?

YES

Conduct a risk assessment

NO RISK

No licence or authorisation needed, but consult with

Department first

LOW RISK

Authorisation via GN-509 required

MEDIUM/HIGH RISK

Water Use Licence required

NO

No licence or authorisation

needed

ECOSYSTEM SERVICES• Factors:

Ecosystem services, e.g. erosion control

Socio-cultural services, e.g. crop cultivation

• Results:

RISK ASSESSMENT

• Takes into account:

Drivers & receptors

Phase (Planning/Construction/Operational/Post-closure)

Activities & related factors (see next)

Drivers Receptors

Hydrology Habitat

GeomorphologyBiota

Water quality

Drivers impact on receptors

RISK ASSESSMENT

Factors to consider per activity

Factor Description Score

Severity

Severity of impact on resource quality.

(flow regime, water quality, geomorphology, biota & habitat)

1-5

Spatial scaleSize of area being impacted on.

DurationHow long does aspect impact on resource quality?

Frequency of activityHow often does the activity occur?

Frequency of impactHow often does the activity impact on resource quality?

DetectionHow quickly/easily can the impacts on resource quality be

observed?

Legal issuesIs the activity governed by legislation?

1 OR 5

RISK ASSESSMENT

Rating Risk Class Description

1 – 55 Low GA required

56 – 169 Medium WUL required

170 - 300 High WUL required

NOTE: Risk classes may be altered by subtracting a

maximum of 25 points from the rating score where

applicable (risk reduction rule)

RISK ASSESSMENT

• Example:

Phase: Construction

Acti

vit

y

Se

verit

y

Sp

ati

al

sca

le

Du

ra

tio

n

Co

nse

qu

en

ce

Fre

qu

en

cy

of

acti

vit

y

Fre

qu

en

cy

of

imp

act

Le

ga

l is

su

es

De

tecti

on

Lik

eli

ho

od

Sig

nif

ica

nce

Channel excavation

& berm construction

2.75 1 2 5.75 1 3 5 1 10 57.5

Consequence = Severity + Spatial Scale + Duration

Likelihood = Frequency of Activity + Frequency of Impact + Legal Issues + Detection

Significance = Consequence x Likelihood

RISK ASSESSMENT

• Example:

Phase: Construction

Acti

vit

y

Se

verit

y

Sp

ati

al

sca

le

Du

ra

tio

n

Co

nse

qu

en

ce

Fre

qu

en

cy

of

acti

vit

y

Fre

qu

en

cy

of

imp

act

Le

ga

l is

su

es

De

tecti

on

Lik

eli

ho

od

Sig

nif

ica

nce

Channel excavation

& berm construction

2.75 1 2 5.75 1 3 5 1 10 57.5


56 – 169 Medium WUL required

RISK ASSESSMENT

• Example:

Phase: Construction

Acti

vit

y

Se

verit

y

Sp

ati

al

sca

le

Du

ra

tio

n

Co

nse

qu

en

ce

Fre

qu

en

cy

of

acti

vit

y

Fre

qu

en

cy

of

imp

act

Le

ga

l is

su

es

De

tecti

on

Lik

eli

ho

od

Sig

nif

ica

nce

Channel excavation

& berm construction

2.75 1 2 5.75 1 3 5 1 10 55


1 – 55 Low GA required

Applied risk reduction rule

(-2.5)

EIS PES Ecosystem

Services

Risk

Significance

C D Intermediat

e

Low

Relict Wetland

Relict wetland

>No authorisation required

BUT entire watercourse

must be rehabilitated post-

closure

EXAMPLE: WETLANDS

EIS PES Ecosystem

Services

Risk

Significance

C C/D Moderately low Medium

Medium risk, within 100m

ZOR

>WUL required

BUT betterment of channel

> Motivation for GA

EXAMPLE: RIPARIAN ZONE

IN SUMMARY

1. Determine if watercourse present on site and ZOR

2. Delineate boundaries

3. Characterize resource (Drivers and receptors)

4. Determine ZOR and conservation buffers

5. Section 21 activities?

6. Calculate risk/impact

7. Determine GA/full WULA

8. Follow relevant authorisation procedure


Water Use Licence

Section 21 (e), (f) and (g)

Avril Owens

Section 21 (e) Water Use

• Engaging in a controlled activity

• Intended for specific activities such as irrigation & aquifer recharge

• Could be associated with benefitting others e.g. surrounding communities receiving or selling the vegetables and water self-sufficiency

• For mines and industry the irrigation with wastewater (treated effluent / PCD / RWD) is often a means to

• manage excess water or

• rehabilitation

• NOT agricultural (to grow crops)

Complying to Conditions

• Conditions specific with regards to “crop” that will be

irrigated – specialist to identify the veld type and plants

• Irrigation practices noted in WUL in accordance to

guidelines – not always relevant to the site

• Ensure site personnel are aware of guidelines and the

latest updates

Apply if and where applicable


• Develop an Irrigation Plan for WULA

• Define irrigation area – relates to how irrigation

will be done e.g. rotation of irrigated areas,

prevention of seepage & runoff

• Design of infrastructure and layout - easy

access to measuring volume actually irrigated

and sampling for quality of water irrigated

• Protect natural plants and water resources

• Carefully planned monitoring programme so

any impact can be detected

• Anticipate mitigation required upfront and

include in the plan – WUL conditions include

corrective action (reactive approach is costly)

Section 21 (f) Water Use

• Discharging waste or water containing waste

into a water resource through a pipe, canal,

sewer, sea outfall or other conduit

• Last resort - pollution should be contained and

managed (Section 19 of NWA & DWS

management hierarchy)

• Maximise reuse to minimise discharge

• Manage water resources where discharge is

taking place (specialist study input)

• Manage discharge quality in order to add

good quality water to the natural system to

improve the water resources


Some conditions may relate specifically to municipal

treatment works and are not applicable to WWTW at mines

and industries:

• Pump stations

• Manholes

• Environmental call and reporting centre

Inform DWS immediately and apply for an amendment

• Conditions not applicable or not site specific

• Copy and paste from another licence


Management of treatment works

• Must meet design criteria for water quality

• Suitably qualified personnel required to operate works

Upfront specialist input

• engineering design

• protection of the water resource

• stormwater management & erosion control

• monitoring programme including quantity and quality of

wastewater discharged, receiving surface water,

biomonitoring

Section 21 (g) Water Use

• Disposing of waste in a manner which may

detrimentally impact on a water resource

• Intention is for facilities with potentially

contaminated material, either liquids or solids, to

contain the pollution sources and through the

management thereof prevent degradation of the

water resources

• Facilities include process water dams, pollution

control dams including stormwater dams, tailings

storage facilities, waste rock dumps, ore stockpiles


• WULA – ensure separate design

volume/capacity and annual disposal volumes

in water use tables – apply for an amendment

if figures are captured incorrectly in a WUL

• Ensure as-built drawings are completed &

signed by registered engineer

• Undertake facility management: freeboard

(operational vs engineered), liner


• Compile and submit required documentation:

• Within specific timeframes – plan to meet conditions as soon as WUL issued

• Annual submission – IWWMP, water & salt balance

• Monitoring & audit reports

• Financial allocations & Closure plan – WUL make specific reference WUL to (c), (i) and (g) uses

• Site wide integrated stormwater management plan – include all Stormwater WUL conditions

• Groundwater model & updates

• Incidents must be recorded and reported as per WUL requirements


• Undertake sufficient conveyance management

especially at crossings

• Reagent storage tanks bunding (110%

capacity) – keep design drawings & note

capacity on bunding

• Hazardous substances storage, transport and

handling according to relevant legislation

(Hazardous Substances Act (Act 15 of 1973) –

ensure contractor is disposing correctly (cradle

to grave responsibility)

• Appropriate site specific signage and notices

visible at each facility

Challenges

• Quality limits overly stringent, specifically when

water should not be released

• Prescribed analysis methods (Standards Act)

are out dated and not correct – labs should be

accredited

• Freeboard not understood, monitored and

recorded properly therefore not maintained –

lack of knowledge of operational levels

• Stormwater dams should not be used as PCD

• Management, training

What has Changed in Recent

Licences

• Increased reporting and submission requirements to demonstrate compliance and corrective actions.

• Site specific conditions can come from specialist recommendations – carefully consider all specialist recommendations:

• Geochemistry

• Dam safety

• Additional monitoring

• Additional pollution controls

Have a system of inspections and scheduled

maintenance in place

Conclusion

• Initial work (EIA/EMP/WULA) is very important -ensures a proactive approach which can improve compliance and decrease operational and closure costs

Make use of known WUL conditions when preparing for WULA to assist with compliance:

o specialist scope of work

o design of systems/infrastructure

Review specialist recommendations

• Plan when, where and how to ensure compliance once WUL issued e.g. LIP

• Apply for amendment to address not applicable, not site specific, unreasonable conditions

Conclusion

Amendment requirements could be reduced if the

Department considers the following:

• Licences need to be site specific for ALL water uses

• Minimise errors by avoiding copy & paste conditions

• Conditions that promote integrated management

rather than ‘silo’ management conditions e.g.

stormwater for the whole site rather than specific

areas that may not apply for all applicants

• More integration of conditions to avoid duplication:

a lot of conditions within each WUL appendix can

be general conditions

Questions & discussions

water use licensing workshop water use licence general ... · general conditions –specific...

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