This paper evaluates the effectiveness of the institutional framework of the Commonwealth of Virginia in the implementation and enforcement of nonpoint source (NPS) pollution control measures in the state's urbanizing areas. The institutional framework is developed primarily around the existing governmental framework. The federal, state and local roles are examined in terms of the relevant legislative and executive NPS control activities already taking place. The judicial function is considered in terms of constitutional guarantees of protection of private property and the potential for liability stemming from the implementation of structural and nonstructural best management practices (BMP's). Three generic categories of BMP's are evaluated in light of this institutional environment: on-site BMP's, off-site BMP's and nonstructural BMP's. Where they are relevant, various subcategories of the institutional environment are examined: mechanisms and responsibility for financing and maintenance, managing future urban growth and mediating interjurisdictional arrangements. The introduction and first four chapters develop this material and the final chapter is an analysis of the existing state programs (the Erosion and Sediment Control Law and the State Water Control Board's voluntary Urban NPS Control and Abatement Program). The product of this analysis is the conclusion that both state programs analyzed are weak due to a lack of state oversight. In addition, the Erosion and Sediment Control Program could be strengthened by amending the law to add a viable "stop work" order and by defining violations as being civil rather than criminal (misdemeanors) violations. / M.S.

Thesis (M.Sc. (Zoology)) --University of Limpopo, 2014 / Contamination of aquatic ecosystems by agricultural and mining activities, as well as by industrial discharges and urbanization in the catchment of the South African river systems has been the cause of increasing public concern. These activities may result in water pollution. One such river is the Olifants River System in Mpumalanga and Limpopo provinces which is highly impacted. The main aim of the study was to assess the impact of the water and sediment quality on the health of Clarias gariepinus and Labeo rosae and human risk when the fish is consumed at the Phalaborwa Barrage in the Lower Olifants River, Limpopo Province. This was achieved by assessing the water and sediment quality of the barrage at the three sampling sites; assessing the condition of the fish and the fish parasites by applying the fish HAI (Health Assessment Index) and PI (Parasite Index); determining the bioaccumulation of selected metals in the muscle tissue of the two fish species; and to determine the Human health risk factor upon consumption of fish contaminated with metals at the barrage. Ten fish from each fish species were collected seasonally at each site using gill nets of different mesh sizes. Standards methods were followed when testing selected water and sediment constituents. For water quality sampling, the water samples were collected over four seasons (autumn, winter, spring and summer) at three sites (inflow, wall and below wall) from April 2010 to January 2011. Sediment samples were also collected using a Friedlinger mudgrab (225cm3) at the three sites during winter and summer. Fish hosts were examined for mobile ectoparasites, weighed and measured. Blood samples were drawn and skin smears were made. Fish were killed, dissected and all external and internal organs were examined as prescribed in the fish health assessment index. The condition factor was determined for each fish population. All parasites were collected, fixed and preserved using standard methods. The highest water temperature (28.5 ºC) was in spring and lowest in winter (18 ºC). Overall pH was in an alkaline condition as it ranged from 7.4 to 8.7. Most water quality parameters were recorded at higher concentration in spring which includes; water temperature, pH, conductivity, salinity, TDS, alkalinity, and turbidity. Major ions (cations and anions) recorded were all within the TWQR. Sulphates concentrations were all within the TWQR. Calcium concentration levels exceeded the typical concentration limit in spring but the levels were still within the TWQR for domestic use. Nutrients levels (nitrate, nitrite, sulphate) were very low which indicate oligotrophic conditions. Highest total nitrogen was recorded in spring which is an indicative of eutrophic conditions. Highest phosphorous concentrations were recorded in winter, spring and summer which are an indicative of eutrophic conditions. Noticeable elevated levels were recorded at the inflow in summer which is an indicative of hypertrophic conditions. The results of the metals concentrations analysed demonstrated that metals within the barrage are present in trace amounts in the water. Analysis of the metal concentrations in water, sediment and fish muscle tissue revealed that the sediment contained the highest concentrations of metals followed by fish tissue and then the water. Metals that were detected in the water column includes; aluminium, antimony, arsenic, barium, boron, iron, manganese, selenium, strontium and tin. Metals that were detected at concentrations above the TWQR for aquatic ecosystem were; aluminium, antimony and selenium. Arsenic, cadmium and chromium were recorded at concentrations above the detection limit as suggested by CCME. Zinc concentrations were recorded at levels below suggested detection limit. Aluminium, barium, boron, cadmium, chromium, manganese, selenium and strontium were all detected at elevated levels in water and above the TWQR. Among the metals recorded in the water column, significant seasonal variations in concentration were found for aluminium, barium, boron, lead selenium and strontium whereas only boron showed a significant variation between sites. In comparison to the metals concentrations accumulated in the muscle tissue of both fish species. It was noted that C.gariepinus accumulated more metals than L. rosae; however L. rosae accumulated more metals at elevated concentrations than C. gariepinus. The metals that were accumulated at elevated levels in C. gariepinus were barium, boron, zinc and selenium. In L. rosae, iron, aluminium, strontium, titanium, vanadium and arsenic accumulated at elevated levels. All these metals pose a high risk to fish and human’s health. The highest population HAI was recorded in summer for both fish species. The lowest HAI value was recorded in autumn for both fish species. Although a high HAI population value was recorded higher in summer for both fish species, in general both fish species from the barrage were in a normal condition. A high number of ectoparasites were recorded in L. rosae than in C. gariepinus while high numbers of endoparasites were recorded in C. gariepinus than L. rosae. The dominating ectoparasites for both species were from the class monogenea. Although the prevalence for Contracaecum sp. in C. gariepinus was 100% in all season, it did not influence the condition of the host. None of the parasites identified from both fish species neither reached alarmingly infection levels nor caused any visible damage to the host. In conclusion, the water quality at the Phalaborwa Barrage is slightly polluted based on the water quality parameter(phosphorous) presence and recorded of some metals at the inflow that were recorded at elevated levels above the TWQR. Further recommendations are refereed such as extension of this study to all tributaries and to include other fish species in addition to constant monitoring of the impoundment.

LL.M. (International Law) / Please refer to full text to view abstract

Despite the pollution control provisions provided in national and local legislation that explicitly or implicitly give effect to the polluter pays principle (PPP), certain rivers continue to suffer from persistent industrial pollution. This research focuses on one such river, the Bayne's Spruit, as a case study. The Bayne's Spruit is a small river that is located within an urban catchment, and which has been subjected to wet industrial pollution for over a decade. Much of this pollution is associated with the Pietermaritzburg edible oil industry. This pollution impacts negatively on a downstream community that uses the river for irrigation of subsistence crops, for recreation and for subsistence fish harvesting. The pollution has also severely degraded the riverine ecosystem. This research commenced with a literature review of the PPP in its international, national and local context. It was noted that the current legislative framework for implementation of the PPP with regard to pollution of rivers in South Africa comprises primarily of the National Water Act 36 of 1998 (NWA), the National Environmental Management Act 107 of 1998, and the Pietermaritzburg-Msunduzi industrial effluent bylaws of November 1998. The case study was approached using a largely qualitative methodology, although quantitative data was also relied upon where feasible. The historical context of the case study was provided by conducting a review of newspaper reports, a review of. government inspection records, and a review of water quality data (including biomonitoring and chemical data). The current status of the Bayne's Spruit was then explored by conducting in-depth historical interviews with community members, and by conducting direct observation of the environmental status of the Bayne's Spruit. This data was supplemented by an analysis of the test results of sampled industrial effluent, and by information obtained from representatives of two edible oil companies. In-depth, purposively selected interviews were conducted with various role players. (local government, regional government and industry) to identify what factors are preventing the successful implementation of the PPP in the case study area. Factors identified include a lack of environmental ethic within the edible oil industry, with some of these companies free riding on the Bayne's Spruit to maximize their profits. At a local level, factors preventing implementation of the PPP include deficiencies in the local industrial effluent bylaws, failures to administer and implement provisions contained in the bylaws, capacity restrictions and institutional paralysis. National legislation is not being successfully implemented because the government agency empowered under the NWA is deferring primary responsibility for dealing with pollution to the local authority. Factors also include difficulties associated with monitoring of rivers, including lack of capacity to engage in monitoring, and confusion over the functions of the various spheres of government. Finally, enforcement complexities are a major factor preventing successful implementation of the PPP. These problems relate to inadequate penalties, enforcement arrangements, capacity problems, separation of authority to operate the municipal sewer works and to enforce the industrial effluent bylaws, difficulties in identifying the offending polluter (causation), problems with access to company premises, the open access character of the storm water drainage system, previous failed prosecutions and reliance on the criminal justice system. / Thesis (M.Sc.)-University of Natal, 2002.

This thesis examines a crisis of governance in the Republic of South Africa (RSA), a crisis which threatens Constitutionally guaranteed intergenerational rights to water, meaning these rights are unlikely to be upheld. RSA's post-1994 Constitution incorporated a number of historically unparalleled human rights, based on fundamental principles of human dignity and equality. This includes the right to water resources for current and future generations - making RSA one of a few countries to enshrine intergenerational rights in law. Under law, Government acts as fiduciary trustee with duties to protect the water resources for current and future generations of citizens. The thesis asserts that influences of Emmanuel Kant, John Rawls and Edith Brown Weiss are reflected in the Constitution and subsequent laws. However, historical and on-going impacts from extractive industries in the province of Gauteng are negatively impacting upon intergenerational water rights. Acid mine drainage is an acidic wastewater produced as a by-product of mineral extraction - particularly gold. It is polluting ground- and surface-waters across the province. A lack of effective government response to this issue has meant that AMD is acting as a catalyst accelerating the country's already problematic governance processes to a crisis level. As it has no long-term management plan, the government is neglecting its intergenerational responsibilities and abrogating Constitutional purpose. This situation is exacerbated by multiple, often conflicting, understandings in different sectors of society of the significance of intergenerational equity, further reinforcing the governance crisis. Due to lack of government response, non-State agents, specifically the mining and financial sectors, are becoming increasingly involved in political decision-making and governance. This has positive short-term effects in ensuring that the rights of communities that were previously affected by water shortages and pollution are upheld. Yet there are potential serious long-term repercussions for democracy in RSA as a result: non-State actors are not best equipped to determine outcomes of governance, and this may result in procedures of deliberative democracy being contravened. Robert Dahl's theories inform this thesis's understanding of deliberative democracy. Consequently, although RSA's Constitution guarantees intergenerational equity in theory, it is hard to achieve in practice. This is due to the governance crisis that has been precipitated by acid mine drainage, so that intergenerational rights to water are an unlikely long-term outcome for this developing nation.