City faces criminal charges over sewage
The City of Cape Town is facing possible criminal charges for allegedly pumping excessive amounts of sewage into the sea from the Hout Bay marine outfall.
This is following the Department of Forestry, Fisheries and the Environment’s (DFFE) investigation into the City’s three marine outfalls namely Camps Bay, Green Point and Hout Bay.
“In respect of the Hout Bay outfall, the DFFE registered an investigated a criminal case that relates to certain possible non-compliances with the conditions of the coastal waters discharge permits.
“The DFFE also issued a compliance notice to the City in February this year, in respect of certain non-compliances with conditions of the coastal waters discharge permit. The City has been complying with the instructions contained in the compliance notices which seek to bring the City back into compliance,“ said DFFE spokesperson Peter Mbelengwa.
In answering a Parliamentary question in September, Forestry, Fisheries and the Environment Minister Dion George confirmed that a criminal case had been opened against the City and that the investigation was complete and the docket had been sent to the National Prosecuting Authority.
Regarding the case, NPA spokesperson Eric Ntabazalila said: “We are in the process of making a decision.”
Mayoral committee member for water and sanitation Zahid Badroodien said the case was based on the alleged exceeding of outfall volumes.
“However, this has since been rendered invalid as the minister of DFFE has suspended the flow permit conditions for the respective coastal waters discharge permits.
“The permits are for the City’s three marine outfalls and are pending the finalisation of an appeals process. Representations have further been submitted to the NPA by the City with respect to the allegations made.“
Last month the City closed Hout Bay Beach after a sewage spill, then reopened it, claiming, puzzlingly, that it had been closed in error and that the water quality was fine while tests by an epidemiologist said otherwise (“Call for City to come clean on water quality,” Sentinel, October 9).
In the same month, Eyewitness News reported that Stellenbosch University epidemiologist Dr Jo Barnes ran tests and found alarming levels of 8 million E. coli per 100 ml of water in the Disa River, which flows into Hout Bay Beach.
Since last year the City has hosted meetings with the public on the issue of sewage disposal from the marine outfalls in Hout Bay, Green Point, and Camps Bay (“Raising a stink about sewage in our sea,” October 2023).
At the third permit advisory meeting held at the council chambers in Cape Town on Monday October 28, it was confirmed that there were elevated contaminant levels, particularly for metals at the City’s marine outfalls.
Dr Badroodien said the City was constantly monitoring the Hout Bay marine outfall.
“We are making operational adjustments as needed to maintain compliance with the water-use licence. During September, we identified minor non-conformance in total suspended solids (TSS) and calcium levels, while an independent auditor flagged a single non-conformance in total Kjeldahl nitrogen (TKN) earlier in the month.
“These exceedances are isolated, and our teams actively address these instances to bring the outfall in line with compliance.“
Dr Badroodien explained that TSS is a measure of the concentration of solid particles, both organic and inorganic, floating in water or wastewater. These particles may include silt, plant debris, and industrial waste.
Calcium levels, he added, indicate the amount of dissolved calcium ions in water, often originating from natural rock erosion, such as limestone.
“As a common mineral, calcium contributes to water hardness, and high levels can lead to scale build-up in pipes, impacting industrial and municipal water systems.“
According to Dr Badroodien, TKN is: “a measure of the total nitrogen content of the water, including nitrogen contained in any particulates that may be present, as well as all dissolved nitrogen. Nitrogen can stimulate overgrowth of algae and other aquatic plants, causing eutrophic conditions in a water body.“
According to Wikipedia, TKN is a required parameter for regulatory reporting at many treatment plants.
Dr Badroodien added that in September the environmental offshore monitoring showed no non-compliances and all toxicity tests showed non-toxic to the environment.
In a statement following the third permit advisory forum meeting, the City said it was considering refurbishing the screens at pump stations, de-gritting installation refurbishment at Hout Bay as well as odour-control improvements at Camps Bay.
Another long-term solution, the statement said, was building pump stations and pipelines to transport wastewater to existing treatment facilities along with expanding conventional facilities at existing works.
Hout Bay ocean activist Paul Jacobsen said he welcomed the criminal charges against the City.
“We should’ve taken action 30 years ago then we would not have been in this position. We cannot let people swim in sewage. We have to do the responsible thing. We don’t want to spoil the credibility of Cape Town,” he said.
When asked if the water quality at Hout Bay beach was safe for swimmers, Mr Mbelengwa said: "The department is aware of concerns regarding water quality; however, it is important to note that the responsibility for monitoring recreational beaches lies with the local municipality.
“The City conducts regular Enterococci testing to assess water quality at recreational beaches, including Hout Bay Beach. According to the most recent environmental monitoring results, the effluent discharged from the outfall complies with water quality guidelines within the prescribed mixing zone. This means that is unlikely that the effluent from the outfall is moving towards the beach.“
The City reiterates that it is safe for the public to swim at Hout Bay Beach.
Ward councillor Roberto Quintas referred Sentinel’s queries to Dr Badroodien.
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