Environment ministry introduces regulations on handling of waste

The Ministry of Environment has introduced regulations that seek to change how waste is handled.

The Environmental Management and Coordination (Waste Management) regulations, 2024 has given a guide on management of waste from waste generators – from households to disposal sites.

“These regulations shall apply to the handling, storage, transportation, segregation and destruction of waste,” part of the new rules says.

The regulations have introduced colour coding for different waste streams. Colour for organic waste is green while the one for general is black and blue will be for recyclable waste.

The regulations, introduced by Environment CS Aden Duale, prohibit disposal of hazardous waste on a public highway, street, road, recreational area or in any public place except in designated places.

Already, the state has enacted the Sustainable Waste Management Act 2022, which established the legal and institutional framework for sustainable management of waste, ensuring realisation of the constitutional provision on the right to a clean and healthy environment and for connected purposes.

The Act seeks to transition the country into circular economy as opposed to linear one. It says a person who fails to manage waste in accordance with the Act shall be required to clean up and restore the site where the waste was being managed to its natural state.

The National Environment Management Authority will issue the person with a site restoration order if the person fails to clean up and restore the site, the Act says.

A person who contravenes provision of the Act for which a penalty has not been prescribed shall, on conviction, be liable to a fine of not less than two million shillings and not more than four million shillings or to imprisonment for a term not exceeding four years or to both.

The waste management regulations task waste generators to collect, segregate and dispose waste in an appropriate manner.

In the discharge of their responsibility, waste generators will minimise the waste generated by adopting cleaner production methods.

The methods must conserve raw materials and energy, reducing toxic emissions and wastes.

A waste generator will segregate waste by separating hazardous waste from non-hazardous waste, segregating non-hazardous waste into organic and non-organic fractions.

The waste segregated will be placed in clearly labeled and colour coded receptacles, bins, containers and bags.

Any waste segregated in accordance with the regulation will be disposed at an appropriate disposal site.

Service providers will collect, handle and transport segregated waste as provided for under the regulation.

Transporting waste without a valid license issued by Nema is illegal. An application for a license to transport waste shall be made to the authority.

Application for licence/ permit for transportation of waste costs Sh5,000 while owning/operating a waste storage, processing, treatment plant and disposal site costs Sh5,000.

A license to export waste costs Sh5,000 while a license/permit to transport waste costs Sh10,000.

Owning/operating a waste storage and processing plant/site costs Sh80, 000.00. Owning/operating a waste treatment plant and disposal plant/site costs Sh100, 000.00 while exporting waste is Sh50,0000 per consignment.

Each vehicle or other means of conveyance used for transportation of waste shall be affixed with a label indicating that it is used for the transportation of waste and the label shall specify the type of waste transported in the vehicle.

The collection and transportation of the waste is conducted in a manner that does not cause scattering, contamination or leakage of the waste.

The vehicle and equipment used for transportation of waste should be in a state that does not cause the scattering of, or flowing out of waste or emission of noxious smells from waste. The transporter of waste must at all times possess a duly filled tracking note.

The tracking note must be produced on demand to any law enforcement officer. If a licensee fails to comply, Nema may suspend their licence to transport waste for a period not exceeding six months.