The City of Cape Town (CoCT) does not have a coastal waters discharge permit (CWDP) from the department of fisheries, forestry and the environment to release effluent from the Mitchell’s Plain Wastewater Treatment Works (WWTW) into coastal water. This is according to the department’s chief director of communication and advocacy, Peter Mbelengwa.

“The CoCT has not been issued with a license to discharge. Although CoCT has advised the department that it did apply for a CWDP in 2017 and again in 2019, the department is unable to find any records of these applications.

“The department can confirm that an application for a CWDP was received from the City in December 2023. This application was inclusive of a public participation process but no specialist studies were included, which are necessary to assess the environmental impact of the discharge,” Mr Mbelengwa said.

The DFFE issued the City with a coastal protection notice on November 15, two days after councillor Karl Bodin registered a criminal case against the City for contraventions of Section 69 and 79 of the National Environmental Management: Integrated Coastal Management Act, 2008 (as amended) on November 13 for allegedly discharging raw sewage into the coastal waters at Strandfontein beach.

The DFFE is investigating the matter, and if the City is found guilty of unauthorised discharge of sewage into the coastal waters, it could be fined up to R5 million.

“Section 80(1) of NEM:ICMA states that a person who is convicted may be sentenced to a fine of up to R5 000 000 or to imprisonment for a period of up to 10 years, or to both such fine and imprisonment,” explained Mr Mbelengwa.

The coastal protection notice requires the City to, among others, sample the effluent being discharged, ensure that it complies with interim limits and to appoint a specialist to undertake the necessary studies to enable the further processing of the City’s application for a CWDP.

According to Dr Zahid Badroodien, the mayoral committee member for water and sanitation, the City is continuing to discharge treated effluent into coastal waters at Strandfontein beach under a water use licence issued by the Department of Water and Sanitation (DWS), while it awaits the outcome of its 2023 application for a CWDP from the DFFE.

“The discharge consists of treated effluent from the Mitchell’s Plain WWTW, which is governed by the location and standards stipulated in our water use licences. No raw sewage is discharged from the Mitchells Plain WWTW.

“The final treated effluent is discharged to a designated discharge point, along the Strandfontein coast. The treated outlet discharge location is remote and not considered a recreational node for swimming,” he explained.

Dr Badroodien said a public participation meeting was held in Rocklands on October 12, 2023 to discuss the Mitchells Plain WWTW discharge, and all records were submitted to DFFE.

“No specialist marine environmental impact studies were conducted specifically for Mitchell’s Plain at the time. The City has appointed Infinity Environmental to monitor the marine environment around the discharge point. Weekly monitoring of treated effluent quality is also conducted to ensure adherence to stringent standards as per DWS requirements,” he said.

Dr Badroodien added that the City is aware that Councillor Bodin invited the media and interested stakeholders to a media briefing to lay a charge at the police.

“We will liaise with the relevant investigation authorities if approached,” he added.

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