A review of the legal framework governing environmental impacts of fuel stations on groundwater in Cape Town, South Africa

Abstract

Since the year 2014, decreasing water levels in dams have become a serious concern in the City of Cape Town. The city’s authorities have had to implement strict restrictions to curb the consumption of water and diversification strategies which lead to an increased reliance on alternative sources of water supply. As a result, many residents of Cape Town opted for private boreholes to maintain their access to sufficient water for various purposes. However, using groundwater can be associated with risks, such as contamination. For example, it is well documented that leaking underground storage tanks often in fuel stations are among the major sources of groundwater contamination, especially in urban areas. In the City of Cape Town, fuel stations are widespread, and many of them are located inside residential areas where many private properties have groundwater abstraction points. Despite this observation, little is known in the public domain about the effectiveness of the legal frameworks governing the impacts of fuel stations on groundwater. This study aimed to review the legal frameworks governing the impacts of fuel stations on groundwater and to shed light on the risk approach adopted for the prevention and mitigation of the impacts fuel stations pose on groundwater in Cape Town. The research adopted an exploratory qualitative design. Thus, a desktop study was conducted to investigate the legal requirements for the development of fuel stations, the control of their impacts on groundwater, and the risk approach applicable to the management of fuel station risks. In addition, semi-structured interviews were conducted to supplement the document analysis. The selection of interview participants was structured to accommodate relevant parties, with key participants from the government, academic institutions, environmental consulting firms, and fuel stations. The findings revealed some gaps in the legal framework governing the impacts of fuel stations on groundwater, such as (1) the lack of precautionary requirements that consider land uses around fuel station developments and (2) the fragmentation of legal instruments regulating the control of impacts of fuel stations on groundwater. It is recommended that authorities must establish additional precautionary measures in terms of land use and equipment. To reduce the fragmentation of legal instruments, an integrated regulatory instrument must be adopted to regulate fuel stations' environmental aspects.