NOTICE IN TERMS OF SECTION 28(12) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, IN RELATION TO ARCELORMITTAL SOUTH AFRICA’ S OPERATIONS AT VANDERBIJLPARK

The Centre for Environmental Rights (CER), representing the Vaal Environmental Justice Alliance (VEJA), groundWork, and affected community members, issued a formal notice to the Director-General of the Department of Environmental Affairs (DEA) on 18 June 2018. The notice, submitted under section 28(12) of the National Environmental Management Act, 1998 (NEMA), demands that the DEA take enforcement action against ArcelorMittal South Africa (AMSA) for significant and ongoing pollution of air, soil, and water at its Vanderbijlpark operations.

• AMSA's 2001-2003 Environmental Master Plan identified severe groundwater and surface water pollution, including inorganic and organic contamination from unlined facilities such as slag dumps, coke stockpiles, and slurry ponds. The plan noted that groundwater contamination posed an "unacceptably high risk to both human health, if available for human consumption, and the environment."
• Expert analysis of borehole data from 2014-2017 indicates that AMSA used detection limits for toxic constituents (including Lead, Mercury, and Cadmium) that were set too high to detect presence within target quality water ranges or health-based limits, effectively preventing the monitoring of these substances in accordance with legislation.
• A 2017 land contamination site assessment report revealed the presence of Dense Non-Aqueous Phase Liquids (DNAPL) 3.02m thick at one borehole, with light non-aqueous phase liquid (LNAPL) concentrations increasing and plumes migrating off-site.
• AMSA has failed to implement urgent mitigation projects committed to in its 2002 Master Plan. For example, the Coke Oven Clean Gas and Water (COCGW) project, intended for completion in 2004, only commenced in 2007 and was completed in 2010; however, its Claus reactor shut down at the end of 2010 and has not operated since.
• The DEA's 6-7 June 2016 inspection report confirmed numerous non-compliances with Waste Management and Atmospheric Emission licences, including particulate matter (PM) exceedances, unauthorised waste disposal, and poor stormwater management.
• The Department of Water and Sanitation (DWS) has maintained a "hands-off approach," asserting that groundwater contamination sources have been eliminated and that the Water Use Licence (WUL) does not need review, despite the WUL review being overdue since 2014 and external audits recommending an urgent review.

APA

Centre for Environmental Rights (2018). NOTICE IN TERMS OF SECTION 28(12) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, IN RELATION TO ARCELORMITTAL SOUTH AFRICA’ S OPERATIONS AT VANDERBIJLPARK. https://cer.org.za/wp-content/uploads/2018/11/Notification-to-DEA-in-terms-of-s2812-of-NEMA-18-June-2018-–-under-key-correspondenceAMSALand-Remediation.pdf?x21779

Chicago

Centre for Environmental Rights. NOTICE IN TERMS OF SECTION 28(12) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, IN RELATION TO ARCELORMITTAL SOUTH AFRICA’ S OPERATIONS AT VANDERBIJLPARK. 2018. https://cer.org.za/wp-content/uploads/2018/11/Notification-to-DEA-in-terms-of-s2812-of-NEMA-18-June-2018-–-under-key-correspondenceAMSALand-Remediation.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=NOTICE IN TERMS OF SECTION 28(12) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, IN RELATION TO ARCELORMITTAL SOUTH AFRICA’ S OPERATIONS AT VANDERBIJLPARK |date=18 June 2018 |url=https://cer.org.za/wp-content/uploads/2018/11/Notification-to-DEA-in-terms-of-s2812-of-NEMA-18-June-2018-–-under-key-correspondenceAMSALand-Remediation.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2018notice, author = {{Centre for Environmental Rights}}, title = {{NOTICE IN TERMS OF SECTION 28(12) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT ACT, 1998, IN RELATION TO ARCELORMITTAL SOUTH AFRICA’ S OPERATIONS AT VANDERBIJLPARK}}, publisher = {Centre for Environmental Rights}, year = {2018}, month = jun, url = {https://cer.org.za/wp-content/uploads/2018/11/Notification-to-DEA-in-terms-of-s2812-of-NEMA-18-June-2018-–-under-key-correspondenceAMSALand-Remediation.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }