KAJIADO COUNTY GAZETTE SUPPLEMENT - Kenya Law ......SPECIAL ISSUE Kajiado County Gazette Supplement...

SPECIAL ISSUE

Kajiado County Gazette Supplement No. 13 (Bills No. 13)

REPUBLIC OF KENYA

KAJIADO COUNTY GAZETTE SUPPLEMENT

BILLS, 201 5

NAIROBI, 12th October, 2015

CONTENT

Bill for Introduction into the Kajiado County Assembly—

PAGE The Kajiado County Environmental Management Bill, 2015 1

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

THE KAJIADO COUNTY ENVIRONMENTAL MANAGEMENT BILL, 2015

ARRANGEMENT OF CLAUSES

Clauses

PART I—PRELIMINARY

1— Short Title

2— Interpretation

3— Objects and Purpose of the Act

PART II—GENERAL PRINCIPLES

4— Entitlement to a Clean Environment

5— Access to Environmental Services

6— Application to Court under the Part

7— Application to Court not to Require Locus Stand

PART III—OFFENCES AND ENFORCEMENT

8— Appointment of Environmental Officers

9— Duties of Environmental Officers

10— Power of Entry

11— Environmental Officers to Prosecute

12— Records to Keep

13— Penalty

14— Offences Relating to Inspection

15— Offences by Bodies Corporate, Partnerships or Employers

16— Penalty where not Expressly Stated

2 The Kajiado County Environmental Management Bill, 2015

PART IV—PROTECTION AND CONSERVATION OF ENVIRONMENT

17— Prohibited Activities with EIA

18— County to Make Guidelines on Hill Top and Mountainous Areas

19— County to Identify Hilly and Mountainous Areas

20— Criteria for Determining Environmental Risk to Hills

21— Afforestation and Re-afforestation

22— Director to Encourage Voluntary Planting of Trees

23— County to Control Land Within its Jurisdiction

24— Notice of Guidelines by the County

25— Zoning of Areas

26— Prohibition of Development Without Zoning Approval

27— Offences under the Part

28— Country to Control Biological Diversity

29— Guidelines for Conservation of Biological Resources

30— Stakeholders to take Part in Conservation of Biological Resources

31— Protection of Species Threatened with Extinction

PART V—CONTROL OF UNDERGROUND POLLUTION

32— Digging of Pit in Prohibited Areas

33— Foul Water from Building to be Controlled

34— Connection to Public Sewer

35— Incinerator for Combustible Waste

36— Disposal of Sanitary Towels

37— Licensed Company to Deal with Sanitary Towels

The Kajiado County Environmental Management Bill, 2015 3

38— Public Institutions to have Sanitary Bins

39— Definition of Public Premises

40— Sanitary bins to be Approved

41— Offences


43— Private Sector Involvement in Solid Waste Management

PART VI—REFUSE REMOVAL AND DISPOSAL

44— Garbage Collection Zones

45— Penalty

46— Application for Waste Disposal License

47— County may Order Cease of Operation

48— Cancellation of Waste Handling License

49— Hiring out of Refuse Receptacles

50— Application for Refuse Receptacle Hire

51— Mode of Collections for the Fees

52— Provision of Dust Bin

53— Dust Bin Specification

54— Dust bin to be a Condition for Licensing

55— Destruction of a County Receptacle

56— Storage of Domestic Refuse

57— Refuse Receptacle Site

58— Refuse Receptacle to be Covered

59— Dumping of Refuse Outside Receptacle an Offence

60— Vehicle Transporting Certain Type of Refuse


61— Depositing Fire or Liquid

62— Condition of Refuse Receptacle Within Premises

63— Receptacle for Carrying Offensive Matter to be Covered

64— Every Person to Ensure Safe Refuse Disposal

65— Proof of Safe Disposal of Refuse

66— Penalty

67— Failure to Produce Proof on Demand an Offence

68— Obstructing Access

69— County to Control Disposal Site

70— Levy of Conservancy Fee

71— Conservancy Fee to be Levied along with Business Permits

72— Indiscriminate Refuse Disposal an Offence

73— No entry to County's Disposal Site Without Permission

74— Duty of the County to Remove Dead Animals

75— Disposal of Dead Animals Without Permit Prohibited

76— Placing of Dead Animals in Refuse Receptacle an Offence

77— An offence to Fail to Notify the County of Dead Animal

78— Penalty if Not Expressly Stated

PART VII —STREET CLEANSING

79— County's Responsibility to Cleanse Streets

80— Owner or Occupier to Clean Paved Areas

81— Offences for Failure to Clean

82—County to Provide Street Litter Bins 83— Indiscriminate Litter Disposal Prohibited


84— Direct arrest for Littering

85— Indiscriminate Pasting of Posters Prohibited

86— Offence for Indiscriminate Pasting of Posters

87— Waste Disposal

88— Designated Waste

89— Incinerators to be Provided

90— Preparation and Transportation of Waste Disposal Plans

PART VIII—TOXIC AND HAZARDOUS SUBSTANCE DISPOSAL

91— County to Designate Areas for Toxic Waste Disposal

92— Incinerator to be Provided

93— Preparation and Transportation of Waste Disposal Plans

94— Unlicensed Disposal of Toxic Waste Prohibited

95— Proof of safe Disposal

96— License to Dispose of Toxic Hazardous Waste

97— Conditions in the Toxic Hazardous Disposal License

98— Special Conditions and Revocation of License to be Allowed in Certain Circumstances

99— Appeals to Lie to the Count Executive Committee from Decisions under the Part

100— Use of Consignment Note of the Carriage of Toxic Hazardous

101— Offences Relating to Hazardous Wastes, Materials Radioactive Substance



PART IX—ENVIRONMENTAL IMPACT ASSESSMENT

103— Submission of an Environmental Impact Assessment Report

104— Further Environmental Impact Assessment

105— Environmental License

106— Transfer of Environment Impact

107— Environmental License

108— Transfer of Environmental Impact Assessment


PART X—ENVIRONMENTAL AUDITS

110— Further to Measures to Protect the Environment

111— Requirement of Persons Submitting the Assessments and Reports

112— Penalty for Failure to Submit the Assessment and Report

113— Annual Environmental Audits

114— Failure to Comply with Notice is an Offence

115— Mitigations to be Complied with


PART XI—ENVIRONMENTAL NUISANCES

117— Prohibition of Nuisance

118— County Government to Maintain Cleanliness, Prevent Nuisance

119— Environment Authorities to Remedy Danger to Environmentally Unsustainable Buildings

120—What Constitutes Nuisance

121— Definition of Environmental Nuisance Author

122— Procedure if Owner or Occupier


123— Direct Prosecution

124— Bond to Appear in Court

125—Notice to be Complied within the Period Specified 126— Continuity of Offence

127— Penalty for Continuity of Offences

128— Closing Order may be Issued

129— Court may Order County

130— Offences on Excess Smoke


PART MI—ENVIRONMENTAL NOTICES 132— Issues of Environmental Notices

133— Contents of an Environment Notice

134— Contents of Environmental Restoration Notice 135— Reconsideration of Restoration Notice 136— County to Recover Restoration Cost

137— Issue of Environment Restoration Order by Court 138— Failure to Comply with Restoration Notice an Offence 139— Continuity of Offence

140— Environmental Licenses to be Obtained

141— Forfeiture and other Orders 142— Offences Relating to Environment 143— Closure Order 144— Penalty where Expressly Stated


PART XIII—WATER QUALITY STANDARDS

145— Duty of Establishment to Procure Effluent

146— Failure to Submit Reports

147-- Effluent to be Discharged Only into Sewer

148— Discharge of Trade Effluent

149— Effluent Pre-treatment

150— Offences

151— Discharge License

152— Register of Discharge License

153— Procedure Analysis

154— Certificate of Analysis and its Effect

155— Waste water

156— Additional Offences Relating to Standards

157— Offences Relating to Waste Water Pollution


PART XIV—EXHAUSTER SERVICES

159— Exhauster Services to be Improved

160— Private Sector may be Involved in Exhauster Service

161— Construction to be Approved


PART XV—GREENING AND BEAUTIFICATION

163— Definitions of Public Places

164— Private sector Involvement in Beautification

165— Cancellation of Memorandum of Understanding


166— Protection of Bushes from Clearance

167— Penalty

168— Public Spaces and any Garden not to be used Without Authority

169— Destruction and Stealing of Flowers Prohibited

170— Photography in Parks to be Controlled


FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE


THE KAJIADO COUNTY ENVIRONMENTAL MANAGEMENT BILL, 2015

A Bill for

AN ACT of the Kajiado County Assembly, to provide for control and management of environmental matters and for connected purposes

ENACTED by the Kajiado County Assembly as follows—

PART 1—PRELIMINARY

Short Title

1. This act may be cited as the Kajiado County Environmental Management Act, 2015.

Interpretation

2. In this Act, unless the context otherwise requires—

"adult" person of eighteen years of age or over;

"agent" means a contractor, private firm, community group or any other person organization or institution appointed by County to render refuse collection, transportation, treatment or disposal services on its behalf;

"air quality" means the concentration prescription under or pursuant to this Act of a pollutant in the atmosphere at the point of measurement;

"ambient air" means the atmosphere surrounding the earth but does not include the atmosphere within a structure or within any underground space;

"analysis" means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect. (Whether physical, chemical or biological) or any segment of the environment or examination of emissions or recording of noise or subsonic vibrations to determine the level or other characteristics of the noise or subsonic vibration or its effect on any segment of the environment;


"analyst" means an analyst appointed or designated under the County Act or any other government public analyst;

"annual report on the state of Environment" means the report prepared and issued under a County Act;

"approved" or "prescribed" means respectively approved or prescribed by the County Government or by the appointed officers or by the regulations under the environment act as the case may be;

"authorized Officer" Means the Director of Environment/Public Health, Deputy Director of Environment/Public Health and Assistant Director of Environment or any other officer duly authorized by the Director of Environment or any other officer duly authorized by the Director of Environment in writing;

"beneficial Environment" means that the environment which has benefitted through the imposition of one or more obligations on the burdened land;

"beneficial use" means a use of the Environment or any element or segment of the environment that is conducive to public health, and which requires protection from the effects of wastes, discharges, emissions and deposits;

"biological diversity" means the variability among living organisms from .41 sources including; terrestrial ecosystems, aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species of ecosystems;

"biological resources" includes genetic resources, organisms or parts thereof, populations or any other biotic component or ecosystems with actual or potential use or value for humanity;

"building" means any structures movable of fixed, of whatsoever kind, or any part thereof and include drainage works and excavations;


"burdened land" means any land upon which an environment easement has been imposed;

"carrier" means the person carrying toxic and hazardous waste including the named vehicle registration number as shown in schedule C of the consignment of the consignment note referred to as a carrier's certificate;

"charcoal" means wood fuel product derived for carbonization of wood or other plant;

"CECM" means the County Environment Committee Member responsible for or officer in charge of environmental matters as the case may be;

"commercial area" means the area in the sub-county, which the CEC may by order define;

"chemical" means a chemical substance in any form whether by itself or in a mixture or preparation whether manufactured or derived from notice and for the purpose of this Act includes industrial chemicals, pesticides, fertilizers and drugs;

"clinical waste" means the waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practice, investigation, treatment, care, teaching or research which by nature of its toxic, infectious or dangerous content may prove a hazard or give offence unless previously rendered saf-and inoffensive. Such waste includes human or animal tissues or excretions;"' drugs and medical products, swabs and dressings, instruments or similar substances and materials;

"collection authority" means the county, or any other authority, organization, private company or individual issued with a disposal license by the county to collect and dispose of any toxic and hazardous waste;

"count environment committee" means The Environment Committee established by the County;


"county environmental action plan" means The County Environment Action Plan prepared under this Act;

"county" means The County Government of Kajiado;

"developer" means the person who is developing project, which is subject to an environmental impact assessment process under a County Act or any other Act;

"director of environment/public health" means a Director of Environment/Health and a Deputy Director of Environment appointed by the County;

"disposal site" means County's designated solid waste disposal site;

"disposer" means the person disposing of the waste referred to in schedule of the consignment note;

"domestic waste" means garbage, and all other forms of non-liquid refuse produced from domestic buildings but do not include refuse from gardens, or manure or other waste generated from processes of rearing animals;

"drain" means any drain used for the drainage of one building only or, of premises within the same cartilage and made merely for the purpose of communicating there from with access tool or premises occupied by different persons is conveyed;

"dust bin" means a moveable covered receptacle for the reception and storage of Refuse and made of material and of such size and construction as specified in this Act;

"dwelling" means any house, room, shed, hut, case, tent, vehicle, vessel or boat or any other structure or place whatsoever, any portion whereof is used by any human being for sleeping or in which any human being dwells.

"ecosystem" means a dynamic complex of plant, animal, micro —organism communities and their non- living environment interacting as a functional unit;


"effluent" means gaseous waste, water or liquid or other fluid of domestic, agricultural, trade or industrial origin treated or unread and discharged directly or indirectly into the aquatic environment;

"element" in relation to the environment means any of the principal constituent parts of the environment including water, atmosphere, solid, vegetation, climate, sound, odor, aesthetics, fish and wildlife;

"enforcement officer" means an Officer employed or authorized by the County to enforce County Act among other duties;

"environment management" includes the protection, conservation and sustainable use of the various elements or components of the environment;

"environment monitoring" means the continuous or periodic determination of actual and potential effects of any activity or phenomenon on the environment whether long-term or short-term;

"environment/Public Health Officer" means an officer appointed by the County to be as such and includes the Director and the Deputy of Environment;

"environment" includes physical factors of the surroundings of human beings including land, water, atmosphere, climate, sound, odor, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and built environment;

"environment" means the physiological, chemical and biological conditions of the region, in which an organism lives and includes land, air and water;

"environmental audit" means the systematic, documented, periodic and objective evaluation of how well environment organization, management equipment are performing in conserving or preserving environment;

"environmental authority" in relation to the area of county, means the County Government of Kajiado;


"environmental education" include a process of recognizing values and clarifying concepts in order to develop skills and attitudes necessary to understand and appreciate the inter-relatedness among men, his culture and hiss biophysical surroundings;

"Environmental impact assessment" means a systematic examination conducted to determine whether or not a programmed, activity or project would have any adverse impacts on environment;

"environmental planning" means both long term and short term planning that takes into account environmental exigencies;

"environmental resources" includes the resources of the air, land, flora and water together with their esthetical qualities;

"environmental restoration order" means an order issued under a County Act;

"environmentally friendly" includes any phenomenon or an activity that does not cause harm or degradation to the environment;

"ex-situ conservation" means conservation outside the natural ecosystem and habitat of the biological organism;

"factory" means any building or part of a building in which machinery is worked by stream, water, electricity or other mechanical power, for the impose of trade;

"firm" means any facility or investment whose activities are likely to have impact on the environment;

"garage" means any place where repairs of motorized vehicles or equipment are undertaken;

"garden refuse" means the refuse from the garden Actins, flower beds including grass, plants and cutting of the hedge trees and manure;

"general prohibition"

No person shall smoke in any of the following places-


(a) a place of public assembly;

(b) within a radius of 10 meters (32.8 feet) of all public entrances or air intakes of buildings;

(c) any service counter in any premises including unenclosed areas behind such service counters;

(d) any service line in any premises;

(e) any reception area including any enclosed area adjoining reception area;

(f) any elevator, escalator or stairway that is generally used by and is open to the public;

(g) any public transportation facilities or vehicles;

(h) any restroom, washroom, or toilets used by or open to the public;

(i) any drinking establishment;

(j) any restaurant, including patios or sidewalk cafes;

"genetic resources" means a genetic material of actual or potential value;

"good environmental practice" means practice that is in accordance with the provision of the relevant County Act or any other relevant Act of the land;

"hazardous substances" means any chemical, waste gas, medicine, drug, plant, animal, or microorganism, which is likely to be injurious to human health or the environment;

"hazardous waste" means any waste which has been determined by the county to be hazardous waste, or to belong to any other category of waste prohibited for in this Act and any other Act;

"hazardous" denotes all waste including toxic waste, which presents immediate or long-term threats to people or the environment;


"his, him and/or he" shall be taken to refer to either male or female as the case shall be;

"injurious pollution" in relation to a stream, a lake or any inland waters means pollution injurious to the fauna or such body or water;

"in-situ conservation" means conservation within the natural ecosystem and habitat of the biological organism;

"intergeneration equity" means that all people within the present generation have the right to benefit equally from the exploitation of the environment and they have an equal entitlement to a clean and healthy environment;

"intergenerational equity" means that the present generation should ensure that in exercising its right to beneficial use of the environment the health, diversity and productivity of the environment is maintained or enhanced for the benefit of the future generations;

"interpretation-smoking"

"smoke or smoking" means that the act of smoking tobacco, including smoking a cigarette, cigar, pipe as evidenced by the giving off of tobacco and includes the carrying of a lighted cigar, pipe or other lighted smoking equipment;

"keeper of lodging house" means a person licensed to keep a lodging nouse;

"land" includes any right over or in respect to immovable property;

"latrine" includes privy, urinal, earth closet and water closet;

"lodging House" means building or part of a house including the verandah thereof, if any, which is let or sublet in lodgings or otherwise, either by storey, by flats, by rooms or by parties of rooms;


"magistrate" means any magistrate empowered to hold a subordinate court of the first, second or third class or any other magistrate as the case may be;

"mixture containing oil" means a mixture of substances or liquids with such oil content as may be specified under a County Act or if such oil content is not specified a mixture with an oil content of 100 parts or more in one million parts of the mixture;

"natural resources" includes the resources of the air, land, water, animal and plants including their aesthetic qualities;

"noise" means any undesirable sound that is intrinsically objectionable or that may cause adverse effects on human health or the environment;

"occupational air quality" means the concentration prescribed under or pursuant to this Act of a substance or energy in the atmosphere within a structure or underground space in which human activities take place;

"occupier" means a person in occupation or control of premises and in relation to premises different parts of which are occupied by different persons means the respective persons in occupation or control of each part;

"offensive trader" includes the trade of blood boiler, bone boiler, fell-monger, soup boiler, tallow matter and trip boiler and any other noxious or offensive trade, business or manufacture whatsoever;

"oil" includes crude oil, refined oil, diesel oil, fuel oil and lubricating oir -- and any other description of oil which may be prescribed;

"owner" as regards immovable property, includes any person other than the county receiving the rent, or profits of any land or premises from any tenant or occupier thereof or who would receive such rent or profit if such land or premises were let whether on his own account or as an agent for any person other than the county, entitled thereto or interested therein; the term includes any lease or license from the county and any superintendent, overseer or manager or such lease or licensee residing on the hold;


"owner" as regards to immovable property, includes any person, other than the County, receiving the rents or profits of any land or premises from any tenant or occupier thereof or who would receive such rent or profits if such a land or premises were let whether on his account, or as any agent for any person, other than the county for any superintendent, overseer or manager of such lease or license residing on the holding;

"owner" in relation to any premises means—

(a) the agent or trustee of any other owners described in paragraph (i);

(b) the lease, including sub-lease of the premises;

(c) the person for the time being receiving the rent of the premises whether on his own account or as an agent or trustee for any other person or as receiver or who would receive the rent if such premises were let to a tenant;

(d) the registered proprietor of the premises;

"ozone Layer" means the layer of the atmosphere zone above the planetary boundary layer all defined in the Vienna Convention for the protection of the Ozone 1985.

"pollutant" includes any substance whether liquid, solid or gaseous which;

"polluter-pays principle" means that the cost for cleaning up any element of the environment damaged by pollution, compensating victims of the pollution, cost of beneficial uses lost as a result of an act of pollution and other costs that are connected with or incidental to the foregoing, is to be paid or borne by the person convicted of pollution under this Act or any other applicable Act;

"pollution" means any direct or indirect alteration of the physical, thermal, chemical, biological or radioactive properties of any part of the environment by discharging, emitting or depositing wastes so as to effect any


beneficial use adversely to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause contravention of any condition, limitation or restriction which is subject to a license under this Act;

"practicable" means reasonably practicable having regard, among other things, to local conditions and knowledge and the term "practicable" means include the provision and the efficient maintenance of plants and the proper use thereof, and the supervision by or on behalf of the occupier of any process or operations;

"precautionary principle" is the principle that where there are threats of damage to the environment, whether serious or irreversible, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;

"premises" include buildings, lands and hereditaments in every tenure and machinery, plant or vehicle used in connection with any trade carried on at any premises;

"presumption" where smoke is given off from a cigarette, cigar, pipe or other lighted smoking equipment, it shall be, in the absence of evidence to the contrary, presumed that the substance being smoked is tobacco;

"producer" means of toxic and hazardous waste and one whose details are shown in scheduled A of the consignment note for the carriage and disposal of toxic; hazardous and clinical waste under section 107 and referred to as producer's certificate;

"project report" means summary statement of the likely environmental effects of a proposal development referred to in a County Act;

"project" includes any project, programme or policy that leads to projects, which may have an impact on the environment;

"public latrine" means any latrine to which the public is admitted on payment or otherwise;


"public places" a building or portion of a building used or intended to be used by the public, whether free or charge or for a fee, for civic, political, travel, religious, social education, commercial, entertainment, recreational or like purposes; ordinary or occasionally as a place of public worship or a hospital, college, school, theatre, public hall, or as a public place of assembly, the lobby, hallways or stairways of an institution or office building, the shopping center or shopping mall; a food court used or intended to be used by the public in any building and retail or wholesale store;

"public Sewer" means the County sewer or any sewer owned by any County agent;

"radiation" includes ionizing radiation and any other radiation likely to have adverse effects on human health and the environment.

"relevant Land" means—

(a) in relation to a proposal to issue a disposal license, the land on which activities may be carried on in pursuance to the license it is issued in accordance with the proposal;

(b) in relation to a disposal license, the land on which activity may be carried on in pursuance to the license and reference to land includes such as water is mentioned in Act III (4)a;

"responsibilities of owner" the owner of any public place, will set aside a smoking zone or an area within the premises shall erect a sign giving notice that smoking is prohibited at all public entrances to the establishment and show areas set for smoking. Shall ensure that any person found smoking by the owner or by an employee or agent of the owner is immediately directed to stop smoking and failing compliance is directed to leave off that place;

"sand" means sedimentary material finer than gravel and coarser that silts with grains between 00.06mm and 2mm in diameter and includes stones, coral, earth and turf but does not include silica sand;


"sand dealer" means any person(s) approved by the County Government to harvest, remove, extract, scoop, transport or sell sand in quantities above 2tonnes;

"sand harvesting" means the removal, extraction, harvesting or scooping of sand from sites;

"sand harvesting site" means any area demarcated and endorsed for the removal, extraction, harvesting or scooping of sand;

"sand loader" means any adult person engaged in the trade of removal, extraction, harvesting or scooping of sand from sites onto transportation vessels by either physical or mechanized means;

"sand transportation vessel" means any vessel used for purposes of transporting sand from the sand harvesting site whether engine propelled or hand cart or animal driven cart;

"sanitary convenience" means closets and urinals;

"segment" in relation to the environment means any portion or portions of the environment expressed in terms of volume, space, area, quantity, quality or time or any combination thereof;

"ship" includes every description of vessel or craft or floating structure;

"soil" includes earth, sand, rock, minerals, vegetation and the flora and fauna in the soil and derivations thereof such as dust;

"street" means highway, road or sanitary lane or strip of land reserved for a highway, rod or sanitary lane and includes any bridge, footway, square, court, alley or passage whether a thoroughfare or not or part of one;

"sustainable development" means development that meets the need of the present generation without compromising the ability of future generations to meet their needs by maintaining the carrying capacity of the supporting ecosystems;

"tipping site" means County's designated solid waste dumping site;


"toxic" means types of waste or substances that may cause death or serious injury to human beings or animals;

"trade or industrial undertaking" means any place or premises where there are commercial undertakings which are likely to have environmental impacts;

"trade premises" means any premises (other than a factory) used or intended to be used for carrying in any trade or business;

"trade refuse" means the refuse of any trade, manufacture or business or of any building materials but does not include medical and hazardous waste;

"verandah" means any building or part of a building in which manual labor is exercised for the purpose of trade;

"waste Disposal Authority" means the authority taking charge in the advisory in the collection, storage and disposal of toxic and hazardous waste and in the Act shall be the county;

"waste Water" means the discharge from baths, lavatory, basins, sinks and similar appliances which does not contain excretal liquid or any other obnoxious substance;

"waste" includes any matter prescribed to be waste and any matter whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in such volume, composition of matter likely to cause an alteration of the environment;

"water closet" means a closet which has a fixed receptacle, connected to a drainage system and separate provision for flushing from a supply of clean water whether by the operation of a mechanism or by an automatic action;

"water" includes drinking water, river, stream, watercourses, reservoir, well, dam, canal, channel, lake, swamps, open drain or underground water;

"wet land" means areas permanently or seasonally flooded by water where plants and animals have become adapted;


And (ii) of this interpretation section or where such owner as described in paragraphs (i) and (ii) cannot be traced or has died, his legal personal representative may directly or indirectly alter the quality of any element of the receiving environment is hazardous or potentially hazardous to human health or the environment and includes objectionable odors, radioactive, noise, temperature change or physical, chemical, biological change to any segment or element of the environment.

Objects of the Act

3. The object and purpose of this Act is to provide for environmental Management through provisions on environmental protection.

PART II—GENERAL PRINCIPLES

Entitlement to a Clean Environment

4. Every person within the jurisdiction of the County is entitled to a clean and healthy environment and has the duty to safe guard and enhances the environment.

Access to Environmental Facilities

5. The entitlement to a clean and healthy environment under section (3) above includes the access by any person within the county to the various public elements or segments of the environment for recreational, educational, health, spiritual, and cultural purposes.

Application to Court under the Part

6. If a person alleges that the entitlement conferred under section (3) has been, is being or likely to be contravened in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to a subordinate court for redress and the subordinate court may make such orders, issue such writs or give such direction as may deem appropriate to-


(a) compel any officer duly appointed by the county to take measures to prevent or discontinue any act or omission deleterious to the environment;

(b) prevent, stop or discontinue any act or omission deleterious to the environment;

(c) require that any ongoing activity to be subjected to an environment audit in accordance with provisions of this Act;

(d) compel the persons responsible for the environmental degradation to restore the degraded environment as far as practicable to its immediate condition prior to the damage;

(e) provide compensation for any victim of pollution and the cost of beneficial uses lost as a result of an act of pollution and other losses that are connected with or incidental to the foregoing.

Application to Court not to Require Locus Stand

7. A person proceeding under the section (5) above shall have the capacity to bring an action not withstanding that such a person cannot show that the defendants act or omission has caused or is likely to cause him any personal loss of injury provided that such action is not frivolous or vexations or is not an abuse to the court process.

PART III—OFFENCES AND ENFORCEMENT

Appointment of Environmental Officers

8. The Director, Deputy Director or any other duly appointed officer by the County shall be the Authorized Officer for the purpose of this Act.

Duties of Environmental Officers

9. (a) An Authorized Officer shall-

(i) monitor compliance with the environmental standards established under this Act;


(ii) conduct environmental audits;

(iii) perform such other functions as may be required under this Act.

(b) an environmental officer may, in the performance of his duties under this Act, at all reasonable times and without a warrant—

(i) enter any land, premises, vessel, motor vehicle or ox drawn trailer and make examination and enquiries whether the provisions of this Act are being compiled with;

(ii) require the production of, inspect, examine and copy licenses, registers, records and other documents relating to this Act or any other law and as may be prescribed, submit such samples for test and analysis;

(iii) seize any article, vessel, motor vehicle, plant, equipment, substance or any other thing which he reasonably believes has been used in the commission of an offence under this Act;

(iv) order the immediate closure of any manufacturing plant or other establishment or undertaking which is causing or is likely to cause in his opinion significant pollution to the environment;

(v) require the owner or operator of such establishment or undertaking to implement any remedial measures that the environmental officer may direct;

(vi) issue an improvement notice requiring the owner or operator of any manufacturing plant, vessel, motor vehicle or other establishment or undertaking to cease any activities deleterious to the environment and to take appropriate remedial measures, including the installation


of new plant and machinery if necessary, within such reasonable times as the Director may determine;

(vii) with the assistance of a county enforcement officer or a police officer arrest any person whom he reasonably believes has committed an offence under this Act;

(viii) install any equipment on any land, premise, vessel or motor vehicle for purposes of monitoring compliance of this Act;

(c) any establishment or undertaking closed down under this section may resume its operations only with the written approval of the Director.

PART III—OFENCES AND ENFORCEMENT

Power of Entry

10. The Director or any other person generally or specially authorized in writing by the Director, may at any hour reasonable for the proper performance of his duty, enter any land or premises to make any inspection, inquiry, investigation or to perform any other work or do anything which is required or authorized by this Act or any other Law to do if such inspection, inquiry, investigation or work is necessary for or incidental to the performance of his duties or the exercise of his powers.

Environmental Officers to Prosecute

11. Subject to the existing statues of the land, the Director or any of its Authorized officers may in any case in which he considers desirable to do so, institute and undertake criminal proceedings against any person before a court of competent jurisdiction.

Discontinue at any stage before judgement is delivered any such proceedings instituted or undertaken by him.


Records to be Kept

12. The Director shall prescribe thee activities whose records shall be kept under this Act, the contents of such records and the manner in which they are kept.

The records kept in accordance with this section and any other records available at the site of an establishment or undertaking shall be made available to such reasonable time to any Environmental Officer for the purpose of an—

(a) environmental audit;

(b) environmental monitoring and evaluation;

(c) pollution control inspection;

(d) any other purpose that may be prescribed by the Director from time to time.

Penalty

13. Any person guilty of an offence under this part shall upon conviction is liable to—

(a) in the case of a first offence, to a fine not exceeding fifty thousand shillings or to an imprisonment for a term not exceeding four months in default or to both such fine and imprisonment; -

(b) in the case of a second offence to a fine of not less than fifty thousand shillings or to term not exceeding six months in default or both such fine and imprisonment.

Offences Relating to Imprisonment

14. Any person who under this Act—

(a) hinders or obstructs an Environmental Officer in the exercise of his duties;


(b) fails to comply with the lawful order or requirement made by an Environmental Officer;

(c) refuses an Environmental Officer entry upon any land or into any premises, vessel or motor vehicle which he is empowered to enter;

(d) impersonates an Environmental Officer;

(e) refuses an Environmental Officer access to records, or documents;

(f) fails to state or wrongly states his name or address to an Environmental Officer in the cause of his duties;

(g) misleads or gives wrongful information to an Environmental Officer;

(h) fails neglects or refuses to carry out an improvement order issued.

commits an offence and shall, on conviction be liable to a fine not exceeding fifty thousand shillings or in default to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

'In the case of a second offence to a fine of not less than fifty thousand shillings or to a term not exceeding six months in default or both such fine and imprisonment.

Offences by Bodies Corporate, Partnerships or Employers

15. (a) when an offence against this Act is committed by a body corporate, the body corporate and every Director or officer of the body corporate who had knowledge of the commission of the offence and who did not exercise due diligence, efficiency and economy to ensure compliance with this Act shall be guilty of an offence;

(b) when an offence is committed under this Act by partnership, every partner or officer of the partnership who had knowledge of the commission of the offence and who did not exercise due


diligence, efficiency and economy to ensure compliance with this Act commits an offence;

(c) a person shall be personally liable for an offence under this Act, whether committed by him or his own account or as an agent or servant of another person;

(d) an employer or principal shall be liable for an offence under this Act, unless the employer or principal proves that the offence was committed against his express or standing directions.

Penalty where it is not Expressly Stated

16. Any person who contravenes any section in this part where no penalty is expressly stated shall be guilty of an offence and upon conviction be liable to a fine not exceeding two hundred thousand shillings or to imprisonment not exceeding twenty four months or to both such fine and imprisonment.

PART IV—PROTECTION AND CONSERVATION OF THE ENVIRONMENT

Prohibited Activities Without

17. No person shall, without prior written approval of the Director given after an environmental impact assessment, in relation to a river, lake, wetland within the county's jurisdiction carry out any of the following activities—

(a) erect, reconstruct, place, alter, extend, remove or demolish any structure or part of any structure in, or under the river, lake or wetland;

(b) excavate, drill, tunnel or disturb the river, lake or wetland;

(c) introduce any animal whether alien or indigenous in a lake, river or a wetland;

(d) introduce or plant any part of a plant specimen whether alien, indigenous, dead or alive in any river, lake or wetland;

The Kai iado County Environmental Management Bill, 2015 31

(e) deposit any substance in a lake, river or a wetland or in, or under its bed, if that substance would or is likely to have adverse environmental effects on the river, lake or wetland;

(f) direct or block any river, lake or a wetland from its natural and normal cause;

(g) drain any lake, river or a wetland.

County to make Guidelines on Hill Top and Mountains 18. The County shall, in constitution with the relevant stakeholders,

develop, issue and implement regulations, procedures, guidelines and measures for the sustainable use of hillsides, hilltops, mountain areas and forests and such regulations, guidelines, procedures, and measures shall control the harvesting of forests and any natural resources located in or on a hill side, hill top or mountain area so as to protect water catchment areas, prevent soil erosion and regulate human settlement.

County to Identify Hilly and Mountainous Areas

19. The County shall identify the hilly and mountainous areas under its jurisdiction which are at risk from environmental degradation. Criteria for Determining Environmental Risk to Hills

20. A hilly or mountainous area is at risk from environmental degradation if—

(a) it is prone to soil erosion;

(b) landslides have occurred in such an area;

(c) vegetation cover has been removed or is likely to be removed from the area at a rate faster than its being replaced;

(d) any other land use activity in such an area that is likely to lead to environmental degradation.


Afforestation and Reforestation

21. The Director shall specify which of the areas identified are to be targeted for afforestation or reforestation.

Director to Encourage Voluntary Planting of Trees

22. The Director shall take measures through encouraging voluntary self-help activities in their respective areas to plant trees or other vegetation in any areas specified within the limits of the county's jurisdiction.

County to Control Land Within it's Jurisdiction

23. Where the areas specified are subject to lease hold or any other interest in land including customary tenure, the holder of that interest shall implement measures required to be implemented by the county including measures to plant trees and other vegetation in those areas.

County to Control Land Within it's Jurisdiction

24. The County shall, in consultations with the relevant stakeholders, issue land control guidelines and prescribe measures for sustainable use of land within its jurisdiction.

Zoning Areas

25. The guideline issued and measures prescribed by the county shall be by way of notice and shall include those related to appropriate land use and zoning in relation to—

(a) industrial development;

(b) commercial use and/or development;

(c) residential houses development;

(d) any other form of development or use.

Prohibition of Development Without Zoning Approval

26. Any firm, person(s) who operate a business in an area that is not zoned for that particular type of business, shall be guilty of an offence.


Offences under the Part

27. Any firm, person(s) who develop an area for any other purpose than what it is zoned for shall be guilty of an offence.

County to Control Biological Diversity

28. Any person who contravenes any measure prescribed by the county under this section or fails to comply with a lawful direction issued by the Director under this section shall be guilty of an offence.

County to Control Land use within it's Jurisdiction

29. (1) The county shall, in consultation with the relevant stakeholders prescribe measures necessary to ensure the conservation. Identify, prepare and maintain the inventory of biological diversity within the county.

(2) Determine which components of biological diversity are endangered, rare or threatened with extinction.

(3) Identify threats to biological and diversity measures to remove or arrest their effects.

(4) Undertake measures intended to integrate the conservation and sustainable utilization ethics in relation to biological diversity in existing county activities and activities by private persons.

(5) Specify county strategies, plans and programs for conservation and sustainable use of biological diversity.

(6) Measure the nature of unexploited natural resources in terms of water shed protection, influences on climate, cultural and aesthetic value as well as actual and potential genetic value thereof.

Stakeholders to take Part in Conservation and Biological Resources

30. The County shall, in consultation with the relevant stakeholders, prescribe measures adequate to ensure the conservation of biological resources and in this regard guideline for-


(a) land use methods that are compatible with conservation of biological diversity of the County;

(b) the selection and management of protected areas shall promote the conservation of various terrestrial and aquatic ecosystems under the jurisdiction of the county;

(c) selection and management of buffer zones near protected areas;

(d) special arrangements for the protection of species, ecosystems and habitats threatened with extinction;

(e) prohibiting and controlling the introduction of alien species to natural habitats.

Protection of Species Threatened with Extinction

31. The County shall in consultation with relevant stakeholders—

(1) Prescribe measures for the conservation of biological resources exist especially for those species threatened with extinction.

Issue guidelines for the management of—

(a) germ plasm banks

(b) botanical gardens

(c) zoos or aquarium

(d) animal orphanages

(e) any other facilities deemed necessary by the county.

(2) Ensure that species threatened with extinction which are conserved ex-situ are introduced into their natural habitats and ecosystems where:-

(a) the threat to the species has been terminated;

(b) a viable population of the threatened species has been achieved;


(c) elimination of substances that deplete the stratospheric ozone layer;

(d) controlling of activities and practices likely to lead to the degradation of the ozone layer and the stratosphere;

(e) reduction and minimization of nuisances to human health created by the degradation of the ozone layer and the atmosphere;

(f) formulate strategies, prepare and evolve programs for phasing out ozone depleting substances.

County Government to control Sand Harvesting

32. (1) The County Government shall be the competent authority responsible for the issuancepermits for sand harvesting and transportation.

(2) No licensing authority established under any other written law shall issue a trading permit or license for the undertaking of any activity relating to sand harvesting trade unless the applicant has produced to the Licensing Authority a permit for sand harvesting or transportation, issued by the County Government.

(3) The County Government shall designate and document sand harvesting sites from time to time. Each designated sand harvesting site will have a management plan for purposes of rehabilitation of the site.

(4) No person shall harvest sand from any area not designated a sand harvesting site by the County Government. Loading shall be done through controlled access points.

(5) No person shall be allowed to transport sand in excess of the approved tonnage as shall be determined by the County Government in consultation with other relative agencies.


County Government to Control Production and Transportation of Charcoal

33. (1) The County Government shall be the competent authority responsible for the issuance oflicenses for the production and transportation of charcoal.

(2) No licensing authority established under any other written law shall issue a trading permit or license for the undertaking of any activity relating to commercial charcoal trade unless the applicant has produced to the Licensing Authority a license for charcoal production or transportation, issued by the County Government under this Act.

Charcoal Movement Permit

34. No person shall move charcoal or charcoal products from one place to another unless that person has obtained a movement permit from the County Government in the prescribed form.

Protection of Endangered and Threatened Plant Species

35. (1) The CECM may from time to time determine endangered, threatened or protected plant species within the County Government.

(2) No person shall produce charcoal from endangered, threatened or protected plant species.

Forest Officer to Carry out Inspection

36. (1) A county forest officer may carry out inspections at the premises or vessels used for charcoal production, transportation and trade—

(a) regularly;

(b) when non-compliance is suspect;

(c) when it is required for the purpose of issuing a license or permit;

(2) A licensee shall produce a license or permit issued under this part to a forest officer, on demand.


(3) Whenever practicable, a forest officer shall carry out an inspection without giving prior notice.

General Penalty

37. Any person who contravenes the provisions of this part for which no specific penalty is provided commits an offence and is liable to a fine of not less than (KSHS 50,000) fifty thousand shillings or an imprisonment for a term not exceeding one year or to both such fine and imprisonment.

Effect of Eviction

38. (1) Not withstanding any other penalty prescribed under this Part, the County Government may revoke the license or permit of any person who is convicted of an offence under this Part.

(2) Any person convicted of an offence under this part shall stand disqualified from holding a license or permit related to the provisions under which he has been convicted, for a period of one year from the time of conviction.

(3) The holder of any license or permit which is cancelled pursuant subsection (1) shall, within fourteen days from the date of conviction surrender the license or permit to the County.

PART V--CONTROL OF UNDERGROUND POLLUTION

Digging of Pits in Prohibited Areas

39. No person(s) shall dig a pit latrine within the latrines prohibited areas, unless with expressauthority by the Director. In granting such authority, the Director shall take all considerable measures to prevent underground pollution.

Foul Water from Buildings to be Controlled

40. Where any building is without provision of conveying foul water to a public sewer, the owner of such building shall, on receipt of a notice from the Director requiring him to do so within such reasonable time as may be


specified in the notice provide a drain connecting to any foul water sewer which is within such distances or if it's not practical to connect to such sewer or empty it into a septic tank or otherwise as may be directed.

Connection to the Public Sewer

41. Any premises within a distance of not more than a hundred meters from a public sewer shall be required to connect to all the sewage and/ or waste water emanating from such premises to the public sewer, failure to which it shall be an offence.

Incineration for Combustible Waste

42. Any person, firm, hospital or any other facility which produces combustible waste shall provide an approved incinerator, failure to which it shall be an offence.

Disposal of Sanitary Towels

43. (1) Sanitary pads or towels shall only be disposed of in such a sanitary manner as advised or directed by the Director.

(2) Any person who disposes off sanitary pads into a pit or in any other method not approved by the Director shall be guilty of an offence.

Licensed Company can Deal with Disposal

44. No person or company shall handle or deal with the disposal of sanitary towels without express authority or license from the Director.

All Public Institutions to have Sanitary Bins

45. Any person who operates or allows operation of any premises used by the public without provision of approved sanitary bins shall be guilty of an offence.

Definition of a Public Premise

46. Unless otherwise stated, a public premises in the context of this Act shall but not limited to restaurants, hotels and lodgings, schools, offices,


hospitals, parks, hostels, factories, supermarkets, petrol stations and/or any other place frequented by members of the public.

Sanitary bins to be Approved

47. Any person who places or allows usage of sanitary bins in a public place or institution which is not of such a design, size and quality recommended by the Director shall be guilty of an offence.

Offences

48. Any person who contravenes this Act shall be guilty of an offence and upon conviction shall be liable to a fine of not less than fifty thousand shillings or in default to six months imprisonment or both of such fine and imprisonment.

Penalty where not Expressly

49. Any person who contravenes any section of this part where no penalty is expressly stated shallbe guilty of an offence and upon conviction be liable to a fine not exceeding fifty thousand shillings or to imprisonment not exceeding six months or to both of such a fine and imprisonment.

PART VI—REFUSE REMOVAL AND DISPOSAL

Private Sector Involvement in Solid Waste Management

50. (1) The County shall allow private sector involvement in solid waste management on terms and conditions, which the county shall deem appropriate from time to time.

(2) Any person, firm or group licensed to carry out garbage collection and transportation, or disposal of any waste and which flouts any clause or clauses of part thereof of solid waste management agreement or policy guidelines in private sector involvement in solid waste management shall be guilty of an offence.


(3) Any person or firm who collects garbage outside the authorized zone shall be guilty of an offence. The county may review the boundaries of garbage collection zones from time to time as it may deem fit.

51.Any person who operates or engages in waste disposal, waste treatment, waste recycling, waste sorting, waste transportation or any other waste handling activity without a license or written authority or approval issued by county shall be guilty of an offence.

52. (1) Every person whose activities generate waste shall employ measures essential to minimize waste generation, treatment, reclamation or recycling.

(2) Every person, firm, institution, factory, commercial enterprise that engages in activity that generates waste shall if so directed by the Director, separate or cause to be separated various types of wastes and shall ensure collection or disposal of the different wastes separated takes place as per the Director's direction. Failure to fulfill all or any part of the Director's requirement shall be an offence.

Penalty

53. Any person or firm which flouts on such term(s) or condition(s) shall be guilty of an offence and upon conviction shall be liable to a fine not exceeding one hundred thousand shillings or in default to an imprisonment not exceeding twelve months or to both such fine and imprisonment.

Application for Waste Disposal Licence

54. Any person intending to collect, transport, sort, separate, salvage, reuse, and recycle waste or any other waste handling or treatment activity within the jurisdiction of the county shall prior to commencement of any of the aforementioned activity apply to the county in writing for consideration of grant of an appropriate license or a written authority from the Director.

55. Where the county rejects an application made under this section, it shall within twenty one days of its decision, notify the applicant of the decision specifying the reasons.


Orders to cease operation

56.The county may order any person to immediately stop the generation, handling, operation, transportation, storage or disposal of any wastes whose such generation, handling, transportation, storage or disposal presents an imminent and substantial danger to public health or to the environment or natural resources.

Cancellation of Waste Handling Licence

57. The county shall without prior notice withdraw a waste handling license or authority where such license or authority holder fails to comply with the whole or part of the licensing condition(s)

Hiring of Refuse Receptacles

58. (1) The county may hire out to the owner or occupier of any premises within the county, approved refuse receptacle at such charges as the county may be resolution from time to time determine.

(2) Any person(s) or firm(s) whose refuse receptacle including bulk containers is being serviced by the county shall be required to produce proof to the effect that such refuse receptacle or container is serviced by the council. Such proof shall include, but not limited to a payment receipt from the county for such services.

Application of Refuse Receptacle Hire

59. Every such owner or occupier shall pay for the refuse receptacle so hired, an application fee and deposit, the amount which county may be resolution determine from time to time.

Mode of Collecting the Fees

60. Any such charges shall be due on the last day of each month and shall be collected wither together with conservancy charge or separately in respect of the premises for which it has been provided.


Provision of Dust Bin

61. The Director or any other authorized person may issue notice requiring the owner, or occupier of any premises within the county to provide such number of refuse receptacles and of specific type as he reasonably thinks are necessary for the reception of domestic or trade refuse

Dust Bin Specification

62. Every such dustbin shall be of size and pattern approved by the county and shall be—

(a) of not greater capacity than 39 cubic ft. or 1.1m 2 and not less than 21/2 cubic ft. or 0.7m 3 ;

(b) provided with sustainable handles;

(c) provided with a closed water and fly proof lid;

(d) or any other refuse container of the type ad pattern approved by the County.

Dustbin to be Condition for Licensing

63. Provision of required number of refuse receptacle shall be a condition to be fulfilled for thepurpose of granting of licenses to public buildings and premises and occupation permits to residential and commercial buildings.

64. Every person who disposes off refuse in the county's tipping site or transfer station shall be required to show proof of disposal fee payment or authority before disposal is allowed, failure to which it shall be an offence.

Destruction of a County Receptacle

65. Any person who will fully or by reasons of neglect or carelessness makes away with, destroys or damages beyond fair wear and tear any receptacle or any part thereof, the property of the county, shall be guilty of an offence and in addition to any penalty that may be imposed by court shall pay to the County cost of replacement or repair of such dustbin.


Storage of Domestic Refuse

66. Every owner or occupier of any premises on which refuse receptacles is required to be provided and maintained in accordance with this Act shall cause all domestic refuse from his or her premises to be placed in such dustbin and not elsewhere.

Refuse Receptacle Site

67. (1) Every such owner or occupier shall cause all refuse bins upon his premises to be placed and kept in an approved place upon his premises or elsewhere as directed by the Director of environment so as to be accessible to the county refuse removal staff or any other person specially appointed for the purpose of removal.

(2) Every owner or driver or conductor of public service vehicle shall ensure that there is conspicuously fixed litter receptacle in their vehicles.

Refuse Receptacle to be Covered

68. Every such owner or occupier of any premises shall cause all refuse upon his or her premises to be kept in covered receptacles so as to prevent any escape of the contents thereof or any soakage there from into the ground, save when refuse is being deposited therein or discharged therefrom.

Dumping of Refuse Outside Receptacle an Offence

69. Any person who places, or causes or permits to be placed any refuse anywhere except in a refuse receptacle shall be guilty of an offence.

Vehicle Transporting

70. Every owner or driver of every vehicle, pushcart or any other facility used for transporting sand, soil, stone, gravel, solid waste or any other material likely to be blown by wind or dropped while being transported shall provide and maintain cover material enough to contain any possibility of the material being dropped or blown and deposited upon any street, road, highway or other public or open space.


Depositing Fire or Liquid

71. Any person who deposits it causes or permits to be deposited in any unextinguished ashes, or any other materials in a state which is likely to cause fire, or any liquid which may in any way endanger life or property shall be guilty of an offence.

Condition of Refuse Receptacle Within the Premises

72. Every owner or occupier of any premises shall cause all refuse receptacles upon his premises to be kept reasonably clean and maintained in good condition.

Receptacle for Carrying Offensive Matter to be Covered

73. Any owner of any receptacle or vehicle used for the removal or carriage of offensive or noxious, shall ensure that it is constructed or covered in such away so as to prevent the escape

Every Person to Ensure Safe Refuse Disposal

74. It shall be the duty of every tenant and/or landlord to ensure a safe and sanitary disposal othis or her refuse and show proof of disposal thereof, failure to which it shall be an offence.

Proof of Disposal of Refuse

75. (1) It shall be sufficient proof of safe disposal of refuse if authenticated payment receipt from a licensed private garbage collector, in case of domestic refuse or a conservancy certificate issued by the county in case of trade or commercial refuse is produced;

(2) Every occupier, tenant, agent or owner shall cause to be separated any class of waste or all wastes as may be directed by the Director and such wastes shall be placed or stored in separate receptacles until collected or otherwise disposed of in an approved manner.


Penalty

76. Failure to dispose of refuse in a safe or sanitary manner shall be an offence and upon conviction be liable to a fine of not less than twenty thousand shillings or an imprisonment of a term not exceeding three months or both such fine and imprisonment.

77. Every owner or occupier of any dwelling or any premises shall show proof, if required to do so by the Director of safe disposal of refuse from his dwelling premises.

Failure to Produce Proof on Demand is an Offence

78. Any owner or occupier of any premises receiving garbage/waste collection services shall pay or ensure payment to county or the private firm, or group that may have rendered service on monthly basis the approved garbage/ waste collection fee. Failure to pay or ensure payment of the prescribed garbage waste collection fees shall be an offence.

Obstructing Access to Refuse Site

79. Any person who erects or causes or permits the erection of any structure or otherwise obstructs an already provided access for the purposes of refuse removal from any premises shall be guilty of an offence.

County to Control Disposal Site

80. (1) The county may undertake the disposal of refuse either by controlled tipping, burying, recycling, dumping, incineration or refuse disposal return to the manufacturer, depending on the quality and quantity of refuse and facilities available.

(2) No animal shall be allowed in the dumping site and any animal found thereof shall be dealt with in a manner that the Director shall decide. Such animals, may if deemed necessary be subjected to shooting or humane killing.


81. The county shall levy conservancy fees to all residents with its jurisdiction. Such fee shall be payable on monthly basis or as the county may decide from time to time.

82. (1) Conservancy fee may be charged along with the business permits or water bills or through any other mode decided by the county from time to time;

(2) The county shall levy inspection fee on every private company licensed to handle or deal with refuse in whatever way.

Indiscriminate Refuse Disposal

83. (1) Any person who dumps, causes or allows indiscriminate disposal of refuse in any premisesland or any other place not approved for such disposal shall be guilty of an offence.

(2) Any person who discharges or allows to be discharged from any premises, residential or commercial waste water to a public street, gutter or side channel or any area thereof not approved for the reception of such discharge shall be guilty of an offence.

No Entry to County Disposal Site Without Permission

84. (1) Any person who enters, uses or causes to be used allows use or entry to the county refuse disposal ground without written permission from the Director shall be guilty of an offence.

(2) Any person who dumps refuse, waste or any other material I the county's refuse disposal ground after 5pm and/or before 8am on weekdays or dumps refuse on weekends or public holiday without authority from the Director shall be guilty of an offence.

(3) Any person who enters a county refuse disposal ground for purpose of refuse disposal or any other authorized purpose and who fails to comply with general or specific instructions issued by the Director or any person duly authorized to give such instructions or refuse disposal attendant shall be guilty of an offence.

The Ka, iado County Environmental Management Bill, 2015 47

Duty of the County to Remove Dead Animals

85.The county may undertake the removal of dead pets from premises or streets after being notified by the owner or occupier of the premises in which the animal died at a prescribed fee.

Disposal of Dead Animals Without Permission Prohibited

86. Any person, who disposes or causes to be used, allows disposal of any dead animal without prior notification to the county's and subsequent permission and guidance shall be guilty of an offence. Placing a Dead Animal in a Refuse Receptacle is an Offence

87. Any person who places, causes or permits to be placed in any refuse receptacles any dead animals or fecal matter or manure or any other matter which is not meant to be placed in suchreceptacle shall be guilty of an offence.

An Offence to Fail to Notify the County of a Dead Animal 88. Any owner or occupier of any premises within which has a dead

animal and fails to notify the county of such presence of a dead animal shall be guilty of an offence.

89. (1) Any person who places, causes or permits to be placed in any refuse receptacle any waste substance or matter which in the opinion of the Director has been exposed to infection or is contaminated or is infectious or which in any way hazardous in nature shall be guilty of an offence;

(2) Any owner or occupier of any premises where waste is generated and where such premises fall under an area having waste collection service by either county or private firm, or group shall register or ensure that his or her tenants register for garbage or waste collection by the county or the respective private firm or group. Failure to register, ensure registration of tenants or giving misleading information shall lead to an offence.


Penalty if not Expressly Stated

90. Any person guilty of contravening the provisions of this part if not expressly stated shall be guilty of an offence and upon conviction to a fine not exceeding two hundred thousand shillings or in default to an imprisonment for a term not exceeding twenty four months or to both such fine and imprisonment.

PART VII—STREET CLEANSING

Cuuniy's Responsibility to Cleanse streets

91. The county shall undertake or contract out cleansing services in its area of jurisdiction as it may decide from time to time.

Owner of Paved Areas

92. (1) It shall be the duty of every owner or occupier or agent of a occupier to house, trade premise or any other development to clean or cause to be cleaned and to remove all wastes and maintain cleanliness of the frontage of his house, trade premise or any other development to the satisfaction of Director provided that the duty of the owner or occupier or agent shall not include cleaning of the main road, open space or public plot.

93. Any owner or occupier of any premises who fails to clean or cause to be cleansed any paved area in connection to his premises shall be guilty of an offence.

County to Provide Street Litter Bins

94.The county shall provide litter baskets or bins for'the disposal of litter in the streets and publicplaces.

Indiscriminate Litter Disposal Prohibited

95. Any person who throws or causes litter to be thrown in the street or public places or depositsor otherwise disposes off littering any place other than the litter bins or baskets provided shall be guilty of an offence.


Direct Arrest of those Found Littering

96. Any person found throwing or having thrown or causing litter found to be thrown in streets or any public place shall be immediately arrested and dealt with in accordance with the provisions of this Act.

Indiscriminate Pasting of Posters Prohibited

97. Any person or firm or society or organization, religious or otherwise shall ensure that their posters handbills or advertisement materials are pasted or displayed only in authorized surfaces, areas or places, failure to which it shall constitute to an offence.

98. Any person or firm or society or organization, religious or otherwise which pastes or allows or causes to be pasted a poster, handbill or an advertisement material on a litter bin, dustbin or any other unauthorized surface or place shall be guilty of an offence.

Penalty

99. Any person guilty of an offence under this part shall be liable on conviction to a fine not exceeding ten thousand shillings or in default to an imprisonment for a term not exceeding three month or both such fine and imprisonment.

PART VIII—TOXIC AND HAZARDOUS SUBSTANCE DISPOSAL

Environmental ImpactAssessment

100. (1) (a) environmental Impact Assessment (EIA) in relation to proposed and new action oractions means the discrete and systematic study of-

(i) the impact of proposed action may have on both the natural and human environment;

(ii) the alternatives of the proposed action;

(iii) the strategies to mitigate the negative impacts.


(b) an EIA of a proposed action therefore shall contain studies on how this action will affect the people, animals, bird, micro-organisms, aquatic life and any other living organisms, atmosphere water resources, landscapes, soils, vegetation, buildings and any other form of life, structure of development within a given natural environment.

(2) (a) environment Audit Report (EAR) in relation to existing action means the discrete and systematic study of-

(i) the impact of the existing action or actions that has or have on both the natural and human environment;

(ii) the alternatives of the proposed actions;

(iii) the strategies to mitigate the negative impacts.

(b) an Ear of a proposed action therefore shall contain studies on how this action will affect the people, animals, birds, micro-organisms, aquatic life and any other living organisms, atmosphere, water resources, landscapes, soils, vegetation, building and any other form of life, structure or development within a given nature of environment.

Waste Disposal

101. (1) It shall be the duty of the county to ensure that the arrangements made by the producer or the disposal of toxic and hazardous waste are adequate for the purpose of disposing off all such waste produced within its jurisdiction.

Designated Waste Area (2) All the toxic, hazardous and clinical wastes shall be disposed of in a

designated area. A designated area in respect of this Act shall be an area set aside by the county for the disposal of such waste and may include a high temperature incinerator.


Incinerators to be Provided 102. Any person, firm, hospital or any other facility which produce

combustible waste shall have an approved incinerator, failure to which it shall be an offence.

Preparation and Transport of Waste 103.It shall be the duty of the County Executive Committee Member—

(a) to carry out an investigation with a view to deciding what arrangements are needed for the purpose of disposing toxic and hazardous waste which is situated in its area;

(b) to decide what arrangements are for that purpose and for that reason apply appropriate and suitable disposal method which may be-

(i) disposal on land; (ii) disposal by incineration;

(iii) or if (i) and (ii) above are not applicable, the toxic and hazardous waste to be appropriately packed and labeled "toxic and hazardous waste" and be returned to the country or county of origin as the case may be of the raw materials from which such waste has resulted;

(iv) provision of an incineration in the case of institutions producing clinical wastes.

(c) prepare a statement of the arrangements made or proposed to be made by the authority and other person for disposing off such waste during a period specified in the statement.

(d) to estimate costs of the methods of disposal and the same by the authority and other person for disposing off such waste during a period specified in the statement.


Unlicensed Disposal of Waste Prohibited

104. Except in prescribed cases, no person shall—

(a) deposit toxic and/or hazardous waste on any land and cause or knowingly permit toxic and hazardous waste to be deposited in any land, street, premises, drain, sewer or disposal site;

(b) use any plant, equipment or cause or knowingly, permit any plant or equipment to be used for the purpose of disposing off toxic and/or hazardous waste or of dealing in a prescribed manner with toxic waste, which forms the site of the plant or equipment is occupied by the holder of a license issued in pursuance to this by Act which authorizes the deposit or use of land in question for the deposit or use in accordance with the conditions, if any, specified in the license;

(c) every occupier and every owner of premises where bulk waste, industrial waste, hospital waste or any hazardous waste is generated shall manage, contain and ensure that all such bulk, industrial, hospital or hazardous waste is disposed of in safe and sound conditions to the satisfaction of the Director or as may be directed by CECM from time to time.

Proof of Safe Disposal

105. (1) Any person, hospital, medical clinic, chemist, agro vet veterinary clinic or any other person or firm or facility producing or handling clinical waste, expired drugs and/or chemical shall be required to show acceptable proof of safe disposal of such products, failure to which it shall be an offence.

(2) An acceptable safe disposal of clinical waste shall include, but not limited to approved incineration, collection and transportation by a person or company specifically licensed to handle clinical or toxic and hazardous waste or any other disposal method which, in the opinion of the Director is safe and environmentally acceptable.


License to Dispose of Toxic Hazardous Waste

106. (1) An application for a disposal license in respect of any land in the area of a disposalauthority must be made in writing to the CECM and include such information as is prescribed (See schedule A & B).

(2) A disposal license shall not be issued for a use of land, plant or equipment for which planning approval is required in pursuance of the Physical Planning Act 1996 unless such approval is in force, but provision may be made by regulation for an application for a disposal license to be considered while an application for any proceedings connected with either application to be conducted concurrently with any proceedings connected with the other application.

(3) Where the CECM receives an application for a disposal license for use of land, plant, equipment or which such planning approval aforesaid is in force, it shall be the duty of the CECM not to reject the application, unless he is satisfied that its rejection is necessary for the purpose of preventing pollution or danger to public health.

(4) Where the CECM proposes to issue a disposal license, it shall be his duty before he does so—

(a) to refer the proposal to the water authority and any collection authority of which the area includes any of the relevant land and to any other prescribed person;

(b) to consider any representations about the proposal which, during the period of twenty one days beginning with that on which the proposal is received by a body or person agree in, the CECM received from that body or person (including in particular any representations about the conditions which that body or person considers should be specified in the license) and if a water authority or any other authority to which the proposal is referred requests the CECM not to issue the license or disagrees with any of the conditions specified in the license


either of them may refer the matter to the County Executive Committee Development and the license shall now be issued in accordance with their decision.

Provision may be made as to the conditions which are not to be specified in a disposal license.

A person who in an application for a disposal license makes any statement which he knows to be false in a particular material shall be guilty of an offence and liable on summary conviction to a fine not exceeding fifty thousand shillings or an indictment to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

107. (1) Subject to the provisions made in this part, a disposal license may include such conditions as the CECM may deem fit to specify in the license and without prejudice to the generality of this section and such conditions may relate to.

Conditions for license—

(a) the duration of the license;

(b) the supervision by the holder of the license of activities to which the license relates;

(c) the kinds and quantities of waste which may be dealt with in pursuance of the license or which may be so dealt with during a specified period the methods of dealing with them and the recording of information relating to them;

(d) the precautions to be taken on any land or plan or equipment to which license relates;

(e) the steps to be taken with view to facilitate compliance with any conditions of such planning permissions as is mentioned in sub section (2) of the proceeding section;


(0 the hours during which toxic and hazardous wastes may be dealt with pursuance to the license;

(g) the works to be carried out, in connection with the land, plant or equipment to which the license relates, before the activities authorized by the license are began or while they are continuing and that a condition may require the carrying out of works or the doing of any other act which the authority considers appropriate in connection with the license not withstanding that the license holder is not entitled as a right to carry out the works or the act.

Penalties (2) The holder of a disposal license who without reasonable excuse

contravenes a condition of the license which in pursuance

KAJIADO COUNTY GAZETTE SUPPLEMENT - Kenya Law ......SPECIAL ISSUE Kajiado County Gazette Supplement...

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