Centre for Environmental Rights – Advancing Environmental Rights in South Africa

Copies of all records relating to:

1. Documentation pertaining to any enforcement action taken by the Department of Environmental Affairs (DEA) – from 2014 to the date of DEA’s response to this PAIA request – against ArcelorMittal South Africa’s (AMSA) Vanderbijlpark operations, and reasons for the enforcement action; including
   1. all compliance notices (pre and final), including the pre-compliance notices;
   2. any other enforcement action taken by DEA, including any orders (including court orders), directives, administrative fines;
   3. any reasons associated with the compliance and enforcement taken by DEA;
   4. all correspondence between the DEA and AMSA pertaining to the enforcement action(s), including AMSA’s responses and representations in relation to the actions
2. Any information, record, or documentation regarding all pending, withdrawn, and finalised criminal investigations, against AMSA Vanderbijlpark from 2003 to the date of DEA’s response to this PAIA request, including the respective case numbers, details of the investigation office, nature of the matter, and its status, including when the case was or will be finalised, and reasons for its withdrawal;
3. Copies of the full docket in respect of all finalised criminal investigations against AMSA Vanderbijlpark from 2003 to the date of DEA’s response to this PAIA request;
4. All DEA’s and/or joint monitoring, compliance, and enforcement site inspection reports pertaining to AMSA’s Vanderbijlpark operations from July 2016 to the date of the DEA’s response to this PAIA request; including the Green Scorpions’ site visit reports of 27 October 2016 and 23 November 2016. Such reports and documentation should include:
   1. All information and findings in relation to all inspection reports issued to AMSA;
   2. Any test results, summaries, reports, and associated documents (which includes registration certificates, permits, raw data on AMSA’s borehole, air emission, water discharge, fugitive emission, VOC, HCl and H2S monitoring results etc.) relied upon by DEA in the collation of the compliance inspection reports; and
   3. Any representations made by AMSA in response to the inspection and findings;
5. Any remediation order issued against AMSA Vanderbijlpark in terms of the National Environmental Management: Waste Act 59 of 2008 (NEMWA) from 2003 to the date of the DEA’s response to this PAIA request
6. All Emergency Incident Reports submitted/issued by AMSA Vanderbijlpark in terms of Section 30 of the National Environmental Management Act 107 of 1998 (NEMA) from 2003 to the date of the DEA’s response to this PAIA request;
7. The list of all the record of decision which is currently applicable to AMSA Vanderbijlpark, including list of all external audit reports legally required to be submitted by AMSA Vanderbijlpark to DEA since 2014 to the date of the DEA’s response to this PAIA request. This list should include the required interval for submission (annual/biannual etc), as well the confirmation of dates and titles of the reports submitted to DEA;
8. All 2017 and 2018 external audit reports submitted by AMSA Vanderbijlpark to DEA, including 2018 atmospheric emission licence (AEL) external audit reports and Water Use Licence audit reports, which were due for submission in the first half of 2018.
9. Information, correspondence and decisions related to DEA’s instructions to AMSA Vanderbijlpark (if any) regarding any actions that AMSA Vanderbijlpark should take so that Sedibeng Municipality may process and issue the AEL renewal. This includes any document or information, minutes or meeting or outcomes of the meeting that took place between DEA and Sedibeng on or around 19 January 2018 around this issue.
10. The following information/data, in respect of AMSA Vanderbijlpark’s operations in DEA’s possession
    1. raw data for all PM exceedances – including dates, amounts etc. – from each point source for 2016-2018;
    2. raw dust fallout data for 2016-2018;
    3. raw data for ambient air quality monitoring 2016-2018;
    4. raw data for daily average emissions from all the respective point sources –which includes but is not limited to H2S, SO2 and NOx, HCl, VOC – for 2016-2018; and
    5. data in relation to the quantitative estimate of fugitive emissions at the Galvanising and Pickle lines for 2016-2018.