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Non-compliance with environmental laws as reported in the National Environmental Compliance and Enforcement Reports

Mondi operates mills at the following locations in South Africa:

  • Paper mill, Durban
  • Linerboard mill, Richards Bay

Department of Environmental Affairs’ compliance monitoring and enforcement action

Richards Bay
NECER Significant Inspection Findings Further Developments and Status of Enforcement Process
20091 In the 2009 report it was reported that an inspection had been conducted at this facility.
20102 In the 2010 report it was reported that the inspection undertaken in February 2009 identified the following non-compliances:

Non-compliance with conditions of the APPA permits.

Non-compliance with conditions of the ECA Section 20 permit.

Operation of Kiln 2 with an expired APPA provisional registration certificate.

Improper storage of crushed fluorescent tubes and spillages of hazardous material in unlined areas.

Non-reporting of emergency incidents to authorities.

The following was also reported in the 2010 report:

Based on a review of the facility’s representations and commitments made, Mondi was required to provide clarity in relation to certain issues. This information is still outstanding.3 A follow up inspection to the site will be conducted during the course of 2010 in order to check compliance, specifically in relation to the waste site, air pollution aspects and to ensure that actions have been taken in relation to the issues highlighted as potential contraventions of section 28 of NEMA. Following this inspection a decision will be made as to whether or not enforcement action is necessary.

20114 Representations had been received on 31 August 2009 and a follow-up inspection had been carried out on 8 March 2011. The following findings were made:

Mondi was found to be in compliance with its amended APPA permit.

Prohibited waste is no longer being disposed of at the Mondi Alton landfill site.

Despite the facility’s application for an amendment to waste management license, Mondi remains in non-compliance with the License.

Iso-kinetic sampling is done annually by an external party.

20125 The following was reported in the 2012 report:

Enforcement strategy in the process of being finalised.

20136 In the 2013 report it was reported that:

Enforcement strategy in the process of being finalised.

2014
  1. National Environmental Compliance and Enforcement Reports, 2008/2009, at p29.
  2. National Environmental Compliance and Enforcement Reports, 2009/2010, at p26.
  3. Mondi’s response to Full Disclosure addressed this statement as follows: “Mondi received the request for additional information by facsimile on 2nd March 2010 in a letter dated 18 February 2010. Mondi responded on 14th April 2010 in a letter sent via registered mail. Mondi addressed the items raised by the EMIs in its response. It should be noted that the letter from the EMIs did not request a response within a given time frame. Following the publication of the annual NECER report n 2010 stating that Mondi’s response was outstanding, Mondi wrote to the Deputy-Director General: Environmental Quality and Protection, Department of Environmental Affairs (Ms Joanne Yawitch at the time) querying the statement in the report, that Mondi’s response was outstanding, when the response had been sent in April 2010. This letter was sent via courier and e-mail on 8 August 2010 (along with a copy of the previous response) and was copied to Ms Frances Craigie. Mondi received a response on 20 December 2010 from the Acting Deputy-Director General: Environmental Quality and Protection, Department of Environmental Affairs (Ms Nolwazi Cobbinah at the time). This letter indicated that Mondi’s response was not included in the reporting period for the annual NECER report since the reporting period ended 31 March 2010.”
  4. National Environmental Compliance and Enforcement Reports, 2010/2011, at p52 – 53.
  5. National Environmental Compliance and Enforcement Reports, 2011/2012, at p48.
  6. National Environmental Compliance and Enforcement Reports, 2012/2013, at p62.