National Environment Management Authority The National Solid Waste .

The National Solid Waste Management StrategyCHAPTER 11.0 IntroductionAll human activities generate waste which requires to be properly managed to protect humanhealth and environment while enhancing aesthetics. This scenario is particularly evident inurban settlements which generate large quantities of solid waste due to high humanpopulation. The impacts of poor solid waste management within the urban settlements,particularly cities and big municipalities can be disastrous. As such there is need for properand efficient waste management.Kenya Vision 2030 recognizes the need for efficient and sustainable waste managementsystems to be established as the country develops into a newly industrialized state by 2030. Inthis regard the Vision 2030 identified Solid waste management for five cities and towns namely;Mombasa, Kisumu, Eldoret, Nakuru and Thika as one of the flagship projects. The NationalEnvironment Management Authority is expected to deliver this flagship project which fallswithin its mandate.In implementing this flagship project, the Authority will be guided by the EnvironmentalManagement and Coordination (Waste Management) regulations of 2006, other relevantlegislative frameworks and this National Solid Waste Management Strategy. In addition, theAuthority in collaboration with the County Governments and the relevant stakeholders willdevelop modalities for achieving sustainable waste management systems. Although thisStrategy will be piloted in the above five cities and towns, it shall be applied countrywide.1.1 Purpose of the StrategyThe purpose of this National Solid Waste Management Strategy is to guide sustainable solidwaste management in Kenya to ensure a healthy, safe and secure environment for all. TheStrategy is a deliberate and visionary commitment for the country in the management of solidwaste.The guiding principle of this Strategy is to address the following: The Current situation (Where are we now?)The Preferred state (Where do we want to go?) andImplementation of the Strategy (How do we get there?)NEMA 201411

The National Solid Waste Management Strategy1.2 Legal Framework relevant to Solid Waste Management in KenyaThe legal frameworks highlighted below are relevant to solid waste management inKenya;Constitution of Kenya:In the Constitution of Kenya, Article 42 on the Environment provides that―Every person has the right to a clean and healthy environment, which includes the right(a)to have the environment protected for the benefit of present and future generationsthrough legislative and other measures, particularly those contemplated in Article 69;and(b)to have obligations relating to the environment fulfilled under Article 70.‖Article 69 on Obligations to the Environment, the Constitution provides that –(1) The State shall—(d)encourage public participation in the management, protection and conservation of theenvironment;(f)establish systems of environmental impact assessment, environmental audit andmonitoring of the environment;(g)eliminate processes and activities that are likely to endanger the environment; and(h)utilise the environment and natural resources for the benefit of the people of Kenya.(2)Every person has a duty to cooperate with State organs and other persons to protect andconserve the environment and ensure ecologically sustainable development and use ofnatural resources.Part 2 of the fourth Schedule in the Constitution of Kenya also explicitly provides that theCounty Governments shall be responsible for; refuse removal, refuse dumps and solid wastedisposal.Vision 2030In Vision 2030, one of the flagship projects is the Solid waste management initiative which callsfor relocation of the Dandora dumpsite and the development of solid waste managementsystems in five (5) leading municipalities and in the economic zones planned under vision2030.The Environmental Management and Coordination Act (EMCA), 1999Section 3 of EMCA, 1999 stipulates that - ―Every person in Kenya is entitled to a clean andhealthy environment and has a duty to safeguard and enhance the environment.‖Section 9 of EMCA, 1999 further states that –―(1) The object and purpose for which the Authority is established is to exercise generalsupervision and co-ordination over all matters relating to the environment and to be theprincipal instrument of Government in the implementation of all policies relating to theenvironment.NEMA 201412

The National Solid Waste Management Strategy(2) Without prejudice to the generality of the foregoing, the Authority shall –(a) co-ordinate the various environmental management activities being undertaken by the leadagencies and promote the integration of environmental considerations into developmentpolicies, plans, programmes and projects with a view to ensuring the proper management andrational utilization of environmental resources on a sustainable yield basis for the improvementof the quality of human life in Kenya;‖Section 86 of EMCA, 1999 provides that – ―The Standards and Enforcement Review Committeeshall, in consultation with the relevant lead agencies, recommend to the Authority measuresnecessary to:(2) prescribe standards for waste, their classification and analysis, and formulate andadvise on standards of disposal methods and means for such wastes; or(3) issue regulations for the handling, storage, transportation, segregation and destructionof any waste.‖Section 87 of EMCA 1999 states that – ―(1) No person shall discharge or dispose of any wastes,whether generated within or outside Kenya, in such manner as to cause pollution to theenvironment or ill health to any person.(2) No person shall transport any waste other than –(a) in accordance with a valid licence to transport wastes issued by the Authority; and(b)to a wastes disposal site established in accordance with a licence issued by theAuthority.(4) No person shall operate a wastes disposal site or plant without a licence issued by theAuthority.(5) Every person whose activities generate wastes shall employ measures essential to minimizewastes through treatment, reclamation and recycling.Environmental Management and Coordination (Waste Management) Regulations of 2006In the Responsibility of the Generator, Regulation 2 states that – ―Any person whose activitiesgenerate waste shall collect, segregate and dispose or cause to be disposed off such waste inthe manner provided for under these Regulations.‖Regulation 5 on the Segregation of waste by a generator states that – ―(1) Any person whoseactivities generate waste, shall segregate such waste by separating hazardous waste from nonhazardous waste and shall dispose of such wastes in such facility as is provided for by therelevant Local Authority.‖The Occupational Safety and Health Act, 2007The Occupational Safety And Health Act, 2007 Part IX, Chemical Safety, Section 83 SubsectionIV states that at every workplace where chemicals or other toxic substances are manipulated,the employer shall develop a suitable system for the safe collection, recycling and disposal ofNEMA 201413

The National Solid Waste Management Strategychemical wastes, obsolete chemicals and empty containers of chemicals to avoid the risks tosafety, health of employees and to the environment.The Public Health Act, 2012The Public Health Act Revised Edition 2012, Part 126. Rules under Part, The Minister, on theadvice of the board, may make rules and may confer powers and impose duties in connationwith the carrying out and enforcement thereof on local authorities, magistrates, owners andothers as to—(d) the drainage of land, streets or premises, the disposal of offensive liquids andthe removal and disposal of rubbish, refuse, manure and waste mattersSection 134 - Rules for protection of food, The Minister, on the advice of the board, may makerules regarding all or any of the following matters—(h)the establishment, locality, supervision,equipment, maintenance and management of slaughterhouses and the disposal of the waste.Section 118 - What constitutes nuisance-1.The following shall be deemed to be nuisancesliable to be dealt with in the manner provided in this;Part—(c) any street, road or any part thereof, any stream, pool, ditch, gutter, watercourse,sink, water-tank, cistern, water-closet, earth-closet, privy, urinal, cesspool, soak-away pit,septic tank, cesspit, soil-pipe, waste-pipe, drain, sewer, garbage receptacle, dust-bin, dungpit, refuse-pit, slop-tank, ash-pit or manure heap so foul or in such a state or so situated orconstructed as in the opinion of the medical officer of health to be offensive or to be injurious ordangerous to health.Part (e) states that any noxious matter, or waste water, flowing or discharged from anypremises, wherever situated, into any public street, or into the gutter or side channel of anystreet, or into any or watercourse, irrigation channel or bed thereof not approved for thereception of such discharge constitutes to be a nuisance.Section 126 - Rules under Part, The Minister, on the advice of the board, may make rules andmay confer powers and impose duties in connection with the carrying out and enforcementthereof on local authorities, magistrates, owners and others as to—part (d) the drainage ofland, streets or premises, the disposal of offensive liquids and the removal and disposal ofrubbish, refuse, manure and waste matters.The County Governments Act, 2012Section 120, Tariffs and pricing of public services, subsection (3) A tariff policy adopted undersubsection (1) shall reflect following guidelines — part (h) promotion of the economic,efficient, effective and sustainable use of resources, the recycling of waste, and otherappropriate environmental objectives.NEMA 201414

The National Solid Waste Management StrategyThe Environmental Management and Co-ordination (Water Quality) Regulations, 2006.Part III – Water for Industrial Use and Effluent Discharge,Sub section 11. No person shall discharge or apply any poison, toxic, noxious or obstructingmatter, radioactive waste or other pollutants or permit any person to dump or discharge suchmatter into the aquatic environment unless such discharge, poison, toxic, noxious orobstructing matter, radioactive waste or pollutant complies with the standards set out in theThird Schedule to these Regulations.Part IV - Water for Agricultural UseSub section 19. No person shall be permitted to use wastewater for irrigation purposes unlesssuch water complies with the quality guidelines set out in the Eight Schedule to theseRegulations.Part V – Water for Any Other UsesSub section 24 states that no person shall discharge or apply any poison, toxic, noxious orobstructing matter, radioactive wastes, or other pollutants or permit any person to dump ordischarge any such matter into water meant for fisheries, wildlife, recreational purposes or anyother uses.The Environmental (Impact Assessment and Audit) Regulations, 2003This regulation defines "waste" includes any matter prescribed to waste and any matterwhether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in theenvironment in such volume composition or manner likely to cause an alteration of theenvironment.Part II - The Project Report, 7. (1) A proponent shall prepare a project report stating –(e) The materials to be used, products and by-products, including waste to be generated bythe project and the methods of their disposal.(f) The products, by-products and waste generated project.Part IV - The Environmental Impact Assessment Study Report, 18. (1)A proponent shallsubmit to the Authority, an environmental contents of impact assessment study reportincorporating but not limited to the environmental following information - (f) the products, byproducts and waste generated project;Part V - Environmental Audit and Monitoring 36, (2) an environmental audit report compiledunder these Regulations shall contain - (b) an indication of the various materials, including nonmanufactured materials, the final products, and by products, and waste generated.NEMA 201415

The National Solid Waste Management StrategyRelevant MEAs:Basel Convention on the ccontrol of transboundary movements of hazardous wastes and theirdisposalBan Amendment to the Convention on the Control of transboundary movements of hazardouswastes and their disposalConvention on persistent organic pollutantsNEMA 201416

The National Solid Waste Management Strategy1.3 Scope of the StrategySolid waste management remains a major challenge in all the 47 counties in the country. Overthe years most local authorities did not prioritize the establishment of proper wastemanagement systems and hence the County Governments have inherited this state of affairs.This has led to the current poor waste management situation across the country. AlthoughVision 2030 has prioritized on the five cities and towns for implementation of sustainable solidwaste management systems, this Strategy shall be applied countrywideIn an effort to address poor solid waste management, NEMA developed some minimumrequirements as a baseline for implementation by the Counties. These included designation,securing and manning of the disposal sites, promotion of efficient collection and transportationof waste (see table 1). The basic requirements were expected to ensure continuous promotionof efficient solid waste management. This Strategy will therefore build on these on-goin

The National Solid Waste Management Strategy NEMA 2014 v ACKNOWLEDGEMENT The main guiding principle on the National Waste Management Strategy is ZERO WASTE PRINCIPLE whereby waste is a resource that can be harnessed to create wealth, employment and reduce pollution of the environment.