•Section 13 of the Act requires every producer to bear mandatory extended producer obligations, to reduce pollution and environmental impacts of their products.
•The authority has commenced inspection and enforcement on compliance to this Act.
Image: GEORGE MUGO
The National Environment Management Authority (NEMA) has given all producers in Kenya 60 days to comply with the Extended Producer Responsibility (EPR) Regulations.
In a public notice on Wednesday, NEMA noted that the Sustainable Waste Management Act became effective on July 22, 2022.
Section 13 of the Act requires every producer to bear mandatory extended producer obligations, to reduce pollution and environmental impacts of the products they introduce into the Kenyan market and waste arising therefrom.
“Producers are expected to submit their EPR plan to the Authority within two months after publication of this notice to enable commencement of inspection and enforcement action to weed out joyriders,” the notice read in part.
The authority has commenced inspection and enforcement on compliance.
EPR is a policy approach based on the Polluter-Pays Principle which requires that all producers bear mandatory responsibility for the post-consumer stage in their products’ lifecycle, prioritising re-use, increasing recycling rates for technical material, and safe disposal in a temporary, controlled landfill.
The Act defines a producer as an entity that introduces goods, products and packaging into the country using authorised means by manufacturing, importing, converting, filling, refilling, repackaging or rebranding.
“Allow me also to clarify that the EPR is a two-edged sword and Kenya has set in motion a process whereby, all producers have been given an opportunity to demonstrate that they trade in products that do not degrade the environment," NEMA director general Mamo Mamo said at a recent meeting with producers.
He said in the unlikely event that the product continues to cause pollution, NEMA and the producers will engage with an intention to ban that product or packaging, he noted.
He said EPR requires producers to rethink about the products they introduce into the Kenyan market, to ensure they are safe.
According to the Sustainable Waste Management Policy 2021, every Kenyan generates about 0.5 kgs of waste every day amounting to 25,000 tonnes per day for a population of 50 million Kenyans.
This waste by composition is 60 per cent organic, 30 per cent recyclables and 10 per cent others.
The proactive measure seeks to minimise the environmental footprint of products from inception to disposal.
By holding producers accountable the EPR aims to foster innovation in eco-friendly design, recycling, and waste management.
"Therefore, this notice underscores our commitment to promoting responsible production, reducing environmental impact, and ensuring a cleaner and greener future for future generations,” said Ebenezer Amadi, programme manager at sustainable inclusive business, under the Kenya Private Sector Alliance (KEPSA).
Producers may submit their EPR plans individually or collectively in a compliance scheme under a Producer Responsibility Organisation (PRO), indicating among others, the list of products introduced into the Kenyan market.
They also need to communicate the estimated annual volume of products introduced into the market, mechanisms put in place for identification and track product and the list and location of drop off or collection points per county.
They can also use existing transfer stations licensed by NEMA.
Producers must have evidence of payment of recovered materials collection service for each product, planned awareness strategy and activities , workplan per county and budget for fulfilling EPR obligations and contracts with NEMA licensed waste transporters.
Collection schedule from collection points, contracts with waste processing facilities such as recyclers, incinerators, landfills must be proved.
Environmental Impact Assessment or Summary Project Report (SPR) approvals as advised from the County NEMA office are also advised.