According to the latest integrated waste management bylaw, out for public comment, people could face up to 15 years’ imprisonment for illegal dumping.
Offenders will be issued with a fine too, and convicted felons could find their names and details of their misdemeanour published on the municipality’s website.
Released to the public for comment, the integrated waste management bylaw is open for public consultation until August 4.
These penalties have received mixed reviews from the public.
Attorney Brandon Blignaut believes that the municipality lacks the administrative capacity to implement this bylaw effectively, which may render the penalties useless.
He added: “With current arrests being made nationally for cable theft we are starting to see precedents set for non-adherence to municipal bylaws, which will enable arrests to be made for illegal dumping in future.
“A 15-year sentence is harsh and requires administrative effort so I doubt this will be enforced. What should be strengthened is the fines.
“You will not teach anyone a better lesson than taking money out of their pocket for their own stupidity.”
Blignaut is apprehensive about the decision to post offenders details online, and believes that nuance regarding appropriate punishment for the severity of the offence is not recorded adequately in the bylaw.
“There is a difference between a household dumping two refuse bags and a company dumping two tip trucks full of waste. Will the punishment be the same across the board?
“This bylaw is not a new magic wand, it is very similar to the previous bylaw and without a fresh approach to enforcement it’s not worth the paper it’s printed on.”
Given the number of court orders issued to BCMM for municipal failures such as sewerage leaks into Nahoon beach and non-compliance at waste water treatment works, Blignaut said the municipality was opening itself up to further legal civic action if they are unable to maintain waste management standards.
Faith-in-Action is a local NGO which works to rehabilitate and reclaim open spaces vulnerable to chronic dumping. They believe the bylaw’s penalties are harsh considering that the municipality does not provide sufficient services as an alternative.
Faith-in-Action hopes that public comment for the bylaw will reflect the widespread desire to have more spaces allocated for waste management.
Representative from the organisation, Lucille Benfield said: “The municipality must realise that the city has a rubbish crisis.
“Having a rubbish depot outside of town makes absolutely no sense.
“BCMM should be managing the dumping issues by providing the public with designated dumping sites as there are none within the city’s perimeters.
“As Faith-in-Action, we do not condone such harsh sentencing of conviction, unless the perpetrator has dumped a corpse or foetus.
“People dump because they have no options.
“For the longest time, people have been dumping carelessly because it has become a norm.
“When Second Creek waste site was still existing, people even drove their vehicles in to dispose of their rubbish, and BCMM waste management did not have so much pressure collecting rubbish from the different areas.
“Without a dumping site in the city, this problem will always exist.”
Benfield does believe there is potential to publishing details of offenders online to increase a sense of individual responsibility.
She said: “People must be educated on recycling as it prevents waste pollution, making your neighbourhood and community a safer, healthier place to live.
“In the end, we benefit, the environment benefits, the community benefits.
“BCMM can partner and work with non-profit organisations, such as ours, by providing us with the necessary skills training, tools and funding to help eradicate the dumping problem.
“We, as Faith-in-Action, would welcome a collaborative action plan with BCMM, law enforcement and the community. Cleaning the city is our passion. If it means we occupy all open plots and open spaces to create positivity around the city, we would gladly do so.”
Once promulgated, the bylaw aims to regulate collection of waste removal, ensure effective provision of services, prohibit burning and dumping and divert waste to recycling outlets.
