1 eTHEKWINI MUNICIPALITY TARIFF AND SURCHARGE POLICY 1.0 The Purpose:The primary object of this policy is to comply with the requirements of sections 74 and 75 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000)(the MSysA) which requires the adoption and implementation of a tariff policy on the levying of fees for municipal services provided by eTM itself or by way of service delivery agreements 1. This policy may also reflect provisions for surcharges on the fees payable for a surcharge on a municipal service. It is the purpose of the policy to ensure that appropriate municipal services (whether commercial or not) are provided in a sustainable and equitable manner 2 by setting realistic tariffs and to help to provide democratic and accountable government for the local community 3by providing meaningful information about the real costs of municipal services . It is believed that such information will encourage the involvement of civil society in the affairs of this City 4. 2.0 The Problem Statement:2.1 Subsidies and Surcharges:The main problem which must be faced in any rational Fiscal and Financial policy of a government is the weighing up of competing interests. Appropriate Municipal Services are essentially services which fall within its constitutional or assigned powers which meet certain specific Constitutional goals. Even where a Municipal Service is essentially commercial, the goal of social and economic development 5 and meeting basic needs of the local community 6may dictate differentiation between different classes of people. This is recognised in the MSysA7. The question is, “How should the Municipality strike the balance?” 1 s.74 of the MSysA 2 s.152(1)(b) of the Constitution 3 s.152(1)(a) of the Constitution 4 s.152(1)(e) of the Constitution 5 s.152(1)(f) of the Constitution 6 s. 153(a) of the Constitution 7 s. 74(3) of the Constitution 2 There are certain parameters for action which are dictated by the source of funding. Certain funding is supplied by the central and provincial governments - with conditions as to how eTM should spend the funds. There is not much room for discussion over these sums. There is an important constitutional restraint: Section 152(2) of the Constitution limits the power of a municipality in relation to the objects of local government to acting within its financial and administrative capacity. On the financial side, this means spending money only in accordance with its budget8. The way a democratic society addresses this problem is through the processes of democracy. This involves two elements – representative government and participatory democracy. In a representative government, it is the elected Councillors who are ultimately responsible for making the budgetary decision and ensuring that there is an adequate income stream to meet that budget. Under the Constitution, the power to approve the budget and to impose rates and other taxes is vested in the full Council. The MSysA forbids a Council from delegating its power to set tariffs 9 for, in the ultimate analysis, control of tariff income is, like control of municipal taxes, vital for ensuring that the budget is given effect to. Chapter 4 of the MSysA lays great stress on the need for community participation on “strategic decisions relating to the to the provision of municipal services...”10. The setting of a tariff policy by the Council is one such “strategic decision” and thus a proper public participation programme is called for when a tariff policy is formulated. The policy must provide for such programme. It is accepted that income from certain municipal services in a municipality must be used to subsidise other subeconomic or non-tariff municipal services. Thus tariff fees have to reflect real costs 11 and the extra money to cross- subsidise other services must be revealed in a surcharge. Knowledge of cross-subsidies empowers the public to make real decisions on which services it wishes to continue to supply or increase the subsidy on – with the corresponding increase in the rates or the surcharge on the subsidising services. 8 s. 15 of the Local Government: Municipal Finance Management Act, 2003 (Act 56 of 2003) (the “MFMA”). 9 s. 59(1)pr. of the MSysA. 10 s 16(1)(v) of the MSysA. 11 s. 74(2)(d) of the MSysA. 3 A further problem addressed by the existing national government framework is the practice in many local governments to increase a tariff whenever the Department concerned felt the need. Tariff increases are now limited to once a year 12. The new legislative framework now also requires that the resolutions for all increases in tariff fees be made once a year – at budget time13. The new national legislative framework can only be properly implemented if the current decentralisation of the tariffs function in eTM is eliminated and a proper new tariff administrative system be introduced where the problem of surcharges and subsidies can be addressed in a holistic manner. For a tariff to be rationally assessed by the public it is critical that what the tariff fee buys (the tariff item) is sufficiently clear for rational analysis. No person can assess the real costs without knowing what one is acquiring for the tariff fee. It is thus imperative that the tariff item is described with sufficient certainty in the tariff concerned. If no terms and conditions are attached to a tariff transaction, the normal common law rules for the transaction concerned apply. It is desirable that where peculiar conditions are required for a tariff transaction that a set of standard terms and conditions are published for transactions of the class concerned. It is thus important for public assessment of whether a tariff is or is not reasonable, that such terms and conditions are published in such a manner as to ensure easy access to the public. The need for proper terms and conditions is particularly necessary where the tariff fee is determined by technical instruments – such as meters. Supplying goods and services by way of a tariff is but only one way the municipality can alienate goods and services. In certain classes of transactions the item in the class are sufficiently novel not to be able to use the tariff method of supply. In some classes the quantity supplied by the Municipality is sufficiently large to deviate from tariff – even though the item supplied is not divergent (Bulk agreements). A proper tariffs policy cannot be separated from a policy for the supply of non-tariff items. The NDOF has passed regulations regulating the disposal of goods no longer necessary and 14 there are limited rules for the disposal of certain other kinds of Capital assets 15. There is currently an attempt to introduce a set of Municipal Asset Transfer Regulations by NDOF in terms of section 168(1)(g) of the MFMA. It would be better to avoid making Policy and Bylaws for non-tariff alienations until the NDOF has completed its “framework” regulations. 12 s. 28(6) of the MFMA. 13 s. 17(3)(a)(ii) of the MFMA. 14 s. 110(1)(b) of the MFMA r/w the Municipal Supply Chain Management Regulations, 2005 (GN868 of 2005) . 15 s. 14 of the MFMA. 4 2.2 Surcharges and Development:Where a development scheme is proposed by private developers, the Municipality provides a service the cost of which is covered by a tariff-based administration fee. The IDP of the City envisages areas where developments of certain kind will be encouraged and other areas where development is not to be encouraged in the short to medium term and still other areas where only limited development will be encouraged. A surcharge on the administrative fee for certain types of developments in particular areas where only limited developments are allowed and general surcharges for other areas will go some way to ensuring that appropriate developments in various areas are encouraged or discouraged –as the case may be. New developments in areas far away from the core of the developed areas of the Municipality often have enormous infrastructural costs to the City which are burdened not only on the ratepayer of the new area but also on the ratepayers in the established areas. The capital costs for services of this kind can be paid for not only by way of a surcharge on the administration fee but progressively recovered from the new owners or occupiers of townships poorly sited from an infrastructural development point of view by way of a surcharge on water, electricity, sewerage or the like.. Whilst the surcharge on a tariff-based administration fee should be paid for by way of an ad valorem surcharge, a development surcharge payable by way of a surcharge partly calculated on the consumption of a reticulation tariff item and partly on an ad valorem element would also seem appropriate – depending on the area. The discrimination between areas would be manifestly fair and in conformity with the principles of section 9 of our Constitution. Its legality is further justified by section 74(3) of the MSys A. “Green- field” developments which the private sector desires to establish in areas which require municipal services which are expensive to provide can be financed in a number of other ways through the devices of “internal service districts”,16 “special rating areas”17 or a combination of the two.18 The Municipality would be willing to consider proposals for the establishment of appropriate schemes under this legislation from civil society. In advancing any such scheme, civil society must bear in mind the limitations on policy and procedure in which the municipality will have to operate in terms of the two Acts concerned. 2.3 Executive Orders and Surcharges:16 ss. 85 and 86 of the MsysA 17 s.22 of the Local Government: Municipal Property Rates Act, 2004 (Act 6 of 2004)(the “MPRA”). 18 Permitted ito s. 22 (5) of the MPRA 5 The modern State operates not only by a series of administrative consents but also by way of a series of executive orders or commands issued by persons with the power to issue the command in question, the object of which is to ensure behaviour that is consistent with the demands of life in a large city. Executive orders are enforced in various ways:1. The legislature can provide that any Person who fails to comply with the order is guilty of an offence. 2. The legislature can provide that if the person addressed fails to comply with the order the administrator or his agent might go and do the job and send the recalcitrant the bill. 3. The legislature can provide that if the administrator or his agent does the work specified , the recalcitrant will not only pay the bill but a surcharge on the fee charged in the bill. 4. A combination of 1 and 219 or 1 and 3 above. Experience has shown that merely charging the cost of the municipality doing the job for the recalcitrant is no deterrent. It is thus the Municipality’s policy to provide in its Tariff and Non-Tariff Bylaws for a variety of circumstances where work done by the Municipality under an executive order on behalf of a recalcitrant will carry a surcharge. However, within the current legislative framework, the Municipality only intends to impose a surcharge on any amounts charged for rectifying a nuisance payable by the recalcitrant under an order made in terms of Section 259 of Ordinance 25 of 1974 (i.e. a nuisance control order). 2.4 Surcharges and Exemptions from Surcharges The surcharging of a fee can not only be a stick to force compliance but can be a carrot to ensure appropriate developments. Thus, for example, a Surcharge of X% could be imposed on domestic electricity users. The Bylaws could provide that on giving proof to the Municipality of the installation of an appropriate solar heating panel, the debtor will be exempted from the surcharge. The question of alternative energy is currently being pursued by the newly created Energy Office. The use of Fiscal weapons is critical to success. 19 A typical example is the well-known section 259 of Ord. 25 of 1974. 6 2.5 Sustainable Financing of eThekwini Health’s Permitting and Monitoring Systems Ethekwini Health has upgraded its Scheduled Trade Permitting and Auditing system and is busy developing an Environmental Management Information System that will be used as a support tool to manage the regulatory system. The Norwegian Pollution Control Authority (SFT) has since the signing of the co-operative agreement between Norway and eThekwini on the 23 January 2003, assisted the Municipality in making many improvements to the permitting system including upgraded permit application/ assessment questionnaires, process block assessments, new reporting and permit formats, annual performance reviews, guidelines to all documents and also compliance monitoring/ auditing. The Norwegian project was conducted jointly with Health and eThekwini Water and Sanitation (EWS). eThekwini Water and Sanitation is responsible for all trade effluent permitting and auditing and unlike eThekwini Health, they recover all costs involved with their permitting and auditing system by charging an industrial trade effluent fee. The Scheduled Trade and Occupations Bylaws which was previously only applicable to the former Durban Municipality, was on 1 October 2005 by proclamation in the Municipal Gazette, extended to be applicable to the whole of eThekwini Municipality. This bylaw requires all industries listed as a scheduled trade to obtain prior approval from the Health Department and to have a valid permit. The permit deals with a number of Health issues including Occupational Health and Safety, Air Quality, Environmental Noise, Solid Waste, Major Hazard Installations and Emergency Risk and Planning. As is the case in other developed countries, in today’s world of limited resources, Environmental Health Sectors are required to achieve more results with less input. The sustainability of any system such as the new Permitting and Auditing system can only be achieved by improved efficiencies and sound strategies being developed to improve the revenue basis of the environmental regulatory and monitoring sections of the Health Department. The Health Department has up until now, not had a tariff system for the scheduled trade permitting and auditing system. It is believed that the development of a world class system together with International support will only be sustainable should a cost recovery system be introduced. It is proposed to introduced this system as soon as is practicable. 3.0 Tariff Policy:- 7 3.1 Tariffs, Surcharges and Subsidies:The Municipality is aware of its responsibility to provide democratic government in its area of jurisdiction 20. Representative democracy in financial matters can only be meaningful where a tariff involving subsidised tariff items is used if the representatives of the community are made fully and timeously aware of the structure of the tariff fees involved. To ensure the effective communication of the key data to the Councillors, policy directives are set out which provide for appropriate information to be reported to the Councillors. In addition, procedures establishing a system for ensuring that sufficient time be given to the Councillors to consider the alternatives before a draft tariff is formally presented to the Council21. Participatory democracy not only allows for the representatives of the electorate to be warned by the electorate about “where the shoe pinches” but it also encourages the involvement of civil society in local government matters22. As with representative democracy, it is imperative that the public receive the same information as councillors on the tariff items. Where the community meetings are advertised to consider proposed changes in the tariff, the City Manager is instructed to place copies of the tariff reports in the City Hall Foyer and at such other places in the Municipality as are reasonable so that the public may have access to such information. Tariff policy, like fiscal policy, is intimately tied up with the annual budget of the Municipality. All need to involve community participation. It is the policy of this Municipality to have a single system of public participation which will deal with rates, surcharges, tariffs, credit control, debt collection and the annual budget. The most appropriate system of participatory democracy in a large municipality like eTM is via a system of consultation through ward-based meetings with the ward committee concerned23 and the public24 from the area. The procedure for calling the community meetings is set out in the policy directives. For the sake of uniformity between the fiscal and financial matters involved, it closely tracks the procedure prescribed by the national government for rates25. 20 s. 155(1)(a) of the Constitution 21 s. 17(3)(a)(ii) of the MFMA. 22 s. 152(1)(e) of the Constitution 23 s. 17(1)(a) of the MSysA 24 s. 17(2) (c) of the MSysA 25 s. 3 of the MPRA 8 A proper description of each tariff item and conditions of supply for every tariff item is required if pricing via a tariff system is to become more realistic. and the City Manager is instructed to take such steps as may be necessary to ensure that properly described tariff items are in the tariff and that systems of conditions of supply that can be properly costed are put into place. To ensure that conditions of supply are binding on the public without having to include them in a contract, an appropriate Bylaw is necessary. The problem of the subsidisation of tariff items from other financial sources also needs a Bylaw to give effect to the Council’s policy. For a growing metropolis with Africa’s largest port, it is not desirable to put the fine print of tariff subsidisation into a legislative straightjacket but rather to lay down a number of policy criteria in law to which the Council must adhere where introducing resolutions for taxation and subsidisation. In principle, the tariff fee for any tariff item has to reflect the principle that all users of such tariff item must be treated equitably26, the tariff item concerned has to be supplied in a sustainable manner and the costs reasonably associated with the provision of such tariff item including, capital, operating, maintenance, administration and replacement costs and interest charges have to be reflected in the tariff fee27. However, within these broader parameters it shall not be considered inequitable if, by resolution of the municipal council it is decided that: the level of any tariff fee be set at a level that facilitates the financial sustainability of the continued provision of the tariff item taking into account subsidisation from sources other than from those of the municipality28; the economical, efficient and effective use of the resources of the municipality, the recycling of waste and other environmental objectives are encouraged through the promotion of appropriate tariff items and tariff fees29; 26 Sec 74(2)(a) of the Municipal Systems Act 27 Sec 74(2)(d) of the Municipal Systems Act 28 s. 74(2)(e) of the MSysA s. 74(2)(h) of the M SysA 29 9 any tariff is structured in such a way as to give priority to the basic needs of the local community by ensuring that: any monies received to provide any basic municipal service of a kind which is a tariff item used for 30 the provision of that item to poor households is used to subsidise a lifeline tariff for low levels of consumption of that item or for basic levels of service or for any other reasonable methods of subsidising such poor households31; any monies received32 to enable it to perform a function allocated which is covered by a tariff item shall be used to cover the capital costs, replacement costs, administration costs and interest charges for such item so as to empower the municipality to charge tariff fees for any tariff items concerned for poor households at a fee which only reflects operating and maintenance costs33; any tariff item or tariff fee is structured so that individual users of any tariff item should generally pay a tariff fee in proportion to their use of that tariff item34: Provided that:(i) Provision may be made for the promotion of local economic development through special tariffs for categories of commercial and industrial users; (ii) Where an internal service district is established35a special tariff36 may be imposed on the inhabitants of that internal service district in conformity with the policy framework for the 37 internal service district concerned. Any tariff may differentiate between different categories of users, debtors, service providers, services, service standards, geographical areas and other matters: Provided that the extent of any subsidisation of any categories of user shall be fully disclosed in an open meeting of the municipal council, and that differentiation does not amount to unfair discrimination38. 30 31 in terms of s. 222(1)(a) of the Constitution s. 74(2)(c)(ii)and (iii)of the MSysA 32 In terms of s. 227(1)(a) of the Constitution 33 s. 74(2)(c)(i) of the MSysA 34 s. 74(2)(b) of the M SysA 35 in terms of s. 85 of the MSysA 36 of the kind contemplated in s. 85(3)(b)(c)(i) of the MSysA 37 of the kind contemplated in s.86 of the MSysA 38 s. 75(2) of the MSysA 10 The only surcharge that the Municipality is presently considering adopting is a system of surcharge in respect of Health Services – Permitting and Monitoring Systems tariffs which may be imposed in respect of certain scheduled trades, whether generally or in certain areas. 3.2 Health – Permitting and Monitoring Systems The tariff cost recovery system that has been developed for all activities constituting a Scheduled Trade in terms of the Scheduled Trades and Occupations Bylaws for eThekwini Municipality, is based on Risk Classes 1 to 5, the Highest risk industries fall within Risk Class 1 and the Lowest risk Risk Class 5. The definition of the Risk classes and the activities within each class are attached hereto marked “A”. The categorisation of industry, the potential impacts on the Environment and Health and the state of the receiving environment is considered in determining the placement of an Industry to a specific Risk Class. The industries that fall within Risk Class 1 would require more involvement with respect to consultations, meetings, inspections, monitoring, auditing, preparation and processing of permits due to a greater potential of Risks/Impacts on the Environment and Health. Conversely, involvement with respect to consultations, meetings, inspections, monitoring, auditing, preparation and processing of permits will decrease from Risk Class 2 to Risk Class 5 respectively due to the decreasing potential for Impact/Risks to the Environment and Health. It is estimated that the greater eThekwini will have an approximate 2000 scheduled trades of which less than 800 are registered at the moment. 3.2.1 Total Cost of Service The cost recovery system may be phased in over a five year period to ensure that all industries ( + 2000) within the area comply with the relevant legislation Those industries that fall within Risk Class 1 would pay an amount per annum, as determined by Council at its annual budget, to cover all costs including the permitting and processing fees. 11 On the other hand, those industries falling within Risk Class 5 will pay an amount per annum, as determined by Council at its annual budget, to cover the minimum processing fee. An examination of the existing scheduled trade database has revealed that the majority of the industries registered as a scheduled trade would fall into the lower categories. The abovementioned total cost would exclude additional work that may be required as a result of pollution/ acute incidents and additional work resulting from an incident including inspections and monitoring, clean-up costs and any other related costs borne by eThekwini. The ad hoc/additional costs in this case will be charged at the full cost of the time spent by staff involved and the full cost of any monitoring done + 10%. All tariffs would be reviewed on an annual basis and would be subject to the normal municipal increase. 3.3 Cleansing and Solid Waste It was custom to collect charges relating to Cleansing and Solid waste from Property Rates. However, in the light of the Value Added Tax Act (Act 89 of 1991), National Treasury takes the view that Sewerage and Refuse should be a service charge rather than a rate. As a result eThekwini Municipality has introduced a system of banding in order to mitigate against the regressive characteristics of service charges. To achieve this, the Municipality proposes a stepped domestic tariff based on seven different ranges of property values as shown on Annexure “B” hereto. The basis of determining the tariffs is to link it to the value of a property as there is a causal link between economic wellbeing and the valuation of the property. Certain bands of tariffs have been subsidized in order to minimize the shift in the incidence of costs. The lower income groups receive the maximum benefit and this benefit reduces until the threshold of a value, as determined by Council at its annual budget, is reached, at which point a flat tariff rate will apply . A further advantage of this proposal is that the issue of Value added Tax being raised on a “deemed value” will be addressed. 4.0 Policy Directives:- 12 4.1.0 Tariff Reports:4.1.1 Content of Tariff Reports:Any report on any proposed tariff or change in the Tariff shall provide details of the following: A statement of the current income from the tariff concerned and, if a surcharge is imposed, a statement of the current income from such surcharge. A statement of any income from subsidies from the tax revenue of the Municipality. A statement of any current subsidies from any provincial or national government source. A statement of the current costs reasonably associated with the provision of the tariff item concerned which shall be broken down into the following sub-items:- > capital costs > operating costs >overhead costs > bulk purchasing costs in respect of water and electricity reticulation services and other municipal services > maintenance costs > administration and regulatory costs >replacement costs > interest charges > surplus(if any) A statement of the anticipated costs for the next three financial years divided into the same sub-items and, if those costs have changed or should change during the three year period, a brief summary of the reasons for change. A statement of the proposed increase or decrease in the tariff and the anticipated revenue from such increased or decreased tariff fee for the next financial year. A statement of whether a subsidy is needed for the sustainability of the tariff item concerned and, if so, whether funding is expected from the provincial or national government or whether it is proposed that the subsidy be provided from ETM’s own tax sources. A statement of the justifications for any differentiation proposed in the fee for the same tariff items 13 A statement of any justifications for a lifeline tariff, a special tariff, a fixed fee tariff or a minimum charge. 4.1.2 Procedure for filing of a Tariff Report with the Mayor:It is desirable that any proposed changes in the Tariff are considered at the same time that the budget and any increases or decreases in property rates or surcharges are weighed up in the appropriate fora. It is the responsibility of the City Manager: to provide the Mayor with a consolidated Tariff Report for all Tariff Items on or before...............in the financial year prior to the year in which it is proposed to adjust the tariffs concerned, and to issue such administrative directives to staff as may be necessary to ensure compliance. 4.2 Public Participation:The City Manager is instructed to arrange for a series of local meetings with the ward committees and the public of each ward to ensure proper participation by the local community in the affairs of eTM. Such meetings shall be conducted on or before..........in the financial year prior to the proposed budget. Every such meeting shall be advertised in the manner prescribed in the MSysA read with s.4 of the MPRA and shall deal with the following agenda items for the financial year of the proposed budget:: rates surcharges tariffs credit control debt collection the annual budget 14 The ward councillor of the ward concerned shall chair any such meeting. The object of the meeting will be to prepare comments and representations on the policy or its amendment. The City Manager shall ensure that all such comments and representations made by any such meeting are referred to Exco and Exco shall take them into account when it reports thereon to the municipal council. 4.3 Administrative Directives:The City Manager may issue such Orders and Guidelines as may be necessary to facilitate the implementation of this policy. ANNEXURE “A” DEFINING TYPICAL RISK CLASSES RISK CLASS 1 High emissions High risk High impact; 2 or more health impacts (Air, Waste, Env. Noise, MHI). Off site consequences by either Air, Noise, Waste or MHI impact.. Health effects 15 Numerous complaints/ public involvement/ concern re- impact Poor recipient environment Risk Class 1 could be split into 2 subcategories 1.1 Likely to exceed National Guidelines (Priority Air Pollutants, Noise (SANS), Hazardous Waste 1.2 Does not exceed National Guidelines but is within 70% to 100% of the value. Requires further action and reduction strategies to reduce one or more impacts. RISK CLASS 2 Moderate to high emissions Poor to good recipient environment Medium health risk Likely to have off site consequences Less than 2 overall impacts constituting health risk (as in ST revised application) Would not normally exceed National Guidelines RISK CLASS 3 Moderate to low emissions Poor to satisfactory recipient environment 16 Could have 1 or more fuel burning appliances Requires daily/ ongoing management of risk to avoid impact to the environment Low impact as would have highly efficient Pollution Abatement Technology An example; Battery smelter; Potential risk from lead smelter however with efficiencies of abatement technology being proven by the company/ consultant representatives, this industry would fall into this category. Should the company not be able to demonstrate the ability of the plant not to impact on the community or adjacent industy, then this type of industry would be moved to Risk Class 2. RISK CLASS 4 Low emissions Low risk Minimal impact on environment however needs to be managed Satisfactory to good recipient environment RISK CLASS 5 17 Constitutes a scheduled trade but minimal/ little impact to the environment Could be considered at most to be of potential nuisance significance and not health impact Small enterprises INDUSTRY TYPE/ ACTIVITIES WITHIN RISK CLASSES Risk class 1; Chemical products processing, including any process involving a chemical reaction. To include acid and alkali works Cement products and premixing works Hazardous substances manufacture and bulk blending, transportation and storage Refining Wood pulping Risk class 2 Ammonia works and bulk transportation (MHI) Asbestos transportation, handling and storage, and the manufacture of bulk-storage products Brick & tile works Carbon black manufacture Cement products and pre-mixing works Chemical products processing, including any process involving a chemical reaction Container washing and reconditioning works 18 Coal bulk storage and handling Food manufactory Fungicide manufacture Hazardous substances manufacture and bulk blending, transportation and storage Herbicide manufacture, and bulk handling, storage and commercial usage of herbicides Offensive trades (check scheduled processes-APPA) Pesticides manufacture and bulk handling, storage and commercial usage of pesticides Quarrying Refining Sand and shot blasting Ship Building Stone masonry Waste material salvaging, collecting, sorting, storing, treating, processing or recycling/reclaiming Wood pulping Yeast manufacture Risk class 3 Animal and fish products processing, including the manufacture of meal for animal feeding Asphalt plant, permanent and mobile 19 Battery manufacturing, Bitumen works, including the transportation and operation of mobile bitumen kettles Cement products and pre-mixing works Chemical products processing, including any process involving a chemical reaction Container washing and reconditioning works Chrome and chromate works Distillery Engineering works Food manufactory Furniture manufacture and reconditioning Gas works Glass fibre manufacture, storage, moulding and finishing Hazardous substances manufacture and bulk blending, transportation and storage Herbicide manufacture, and bulk handling,storage and commercial usage of herbicides Marine food processing Mattress maker Metal products manufacture Metal buffing, electroplating, enamelling and galvanising Offensive trades (check scheduled processes-APPA) Ore processing works, or handling and storage of ores 20 Pesticides manufacture and bulk handling, storage and commercial usage of pesticides Quarrying Refining Refuse collection, storage, removal, processing or disposal Rubber moulding or vulcanising Sand or shot blasting Risk class 4 Animal and fish products processing, including the manufacture of meal for animal feeding Asphalt plant, permanent and mobile Battery manufacturing, reconditioning and servicing Bitumen works, including the transportation and operation of mobile bitumen kettles Building services contractor in respect of base premises Cement products and pre-mixing works Ceramic works Crematoria Distillery Engineering works Food manufactory Fungicide manufacture 21 Furniture manufacture and reconditioning Gas works Glass fibre manufacture, storage, moulding and finishing Herbicide manufacture, and bulk handling,storage and commercial usage of herbicides Hide and skin processing Marine food processing Mattress maker Metal products manufacture Metal buffing, electroplating, enamelling and galvanising Milling Ore processing works, or handling and storage of ores Pesticides manufacture and bulk handling, storage and commercial usage of pesticides Pigment works Quarrying Refining Refuse collection, storage, removal, processing or disposal Rubber moulding or vulcanising Sand or shot blasting Sand-winning 22 Sewage treatment, transportation or disposal Sludge works Spray-painting Stone crushing and dressing works Stone masonry Tannery Teasing or shredding works dealing with coir, flock and textiles Timber yard and works Upholsterer Undertaker Vegetable oil extraction or processing Welding works Waste material salvaging, collecting, sorting, storing, treating, processing or recycling/reclaiming Scrap yard Upholsterer Waste material salvaging, collecting, sorting, storing, treating, processing or recycling/reclaiming Risk class 5 Ceramic works Crematoria 23 Engineering works Food manufactory Fungicide manufacture Furniture manufacture and reconditioning Gas works Glass fibre manufacture, storage, moulding and finishing Hide and skin processing Milling Refuse collection, storage, removal, processing or disposal Sand-winning Sewage treatment, transportation or disposal Sludge works Spray-painting Stone crushing and dressing works Stone masonry Tannery Teasing or shredding works dealing with coir, flock and textiles Timber yard and works Upholsterer Undertaker 24 Vegetable oil extraction or processing Welding works Waste material salvaging, collecting, sorting, storing, treating, processing or recycling/reclaiming