The Environmental Management and Co-ordination (Waste Management) Regulations

Legal Notice 178 of 2024

This is the version of this Legal Notice as it was from 6 December 2024 to 6 February 2025. Read the latest available version.

The Environmental Management and Co-ordination (Waste Management) Regulations

Citation

Legal Notice 178 of 2024

Primary work

Environmental Management and Co-ordination Act

Date

Language

English

Type

Legal Notice

Original enactment

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ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION (WASTE MANAGEMENT) REGULATIONS

LEGAL NOTICE 178 OF 2024

Published in Kenya Gazette Vol. CXXVI—No. 213 on 6 December 2024
Commenced on 4 November 2024

Part I – PRELIMINARY PROVISIONS

1. Citation

These Regulations may be cited as the Environmental Management and Co-ordination (Waste Management) Regulations, 2024.

2. Interpretation

In these Regulations, unless the context otherwise requires—“biomedical waste” means any waste which is generated during the diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals and includes the category of waste specified in the First Schedule;“disposal site” means any area of land on which waste disposal facilities are physically located and includes a final waste discharge point without the intention of retrieval but does not mean a re-use or re-cycling plant or site;“industrial waste” means waste arising from processing and manufacturing industries or trade undertakings and can take the form of liquid, non-liquid, solid and gaseous substances;“pesticide” has the meaning assigned to it under the Pesticide Control Act (Cap. 346);“prior informed consent” means the international operation procedure for exchanging, receiving and handling notification information by the competent authority on waste;“processing” means any operation that changes the physical, chemical or biological properties of a waste to make it easier to dispose of, recovery a resource or transfer waste material;“radioactive waste” means any radioactive material that has been, or will be discarded as of being of no further use;“re-use” means waste repurposed with or without cleaning or repairing;“segregate” or “segregation” means any activity that separates waste materials for processing;“storage” means placement of waste in a suitable location or facility where isolation, environmental, health protection and human control are provided in order to ensure waste is subsequently retrieved for treatment and conditioning or disposal;“treatment” means any method and technique or process for altering the biological, chemical or physical characteristics of wastes to reduce the hazards it presents and includes facilities intended to reduce the cost of disposal of such waste and whose treatment objectives include volume reduction, disinfection, neutralization or other change of composition to reduce hazards;“waste disposal site or plant” includes—(a)a waste storage site or plant;(b)a waste processing site or plant;(c)a waste treatment site or plant;“waste generator” means any person whose activities or activities under his or her direction produces waste or if that person is not known, the person who is in possession or control of that waste; and“waste management” means the activities either administrative or operational that are used in handling, packaging, treatment, condition, storage and disposal of waste.

3. Application

These Regulations shall apply to the handling, storage, transportation, segregation and destruction of waste.

Part II – WASTE DISPOSAL

4. Restriction on disposal of waste

(1)No person shall dispose hazardous waste on a public highway, street, road, recreational area or in any public place except in a designated waste receptacle.

(2)A person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty provided under section 144 of the Act.

5. Responsibility of waste generators

A waste generator shall collect, segregate and dispose the waste in the manner provided in regulation 6 of these Regulations.

6. Cleaner production methods

(1)In the discharge of their responsibility under regulation 5, a waste generator shall minimise the waste generated by adopting the following cleaner production methods—

(a)improvement of production process through—

(i)conserving raw materials and energy;

(ii)reducing toxic emissions and wastes;

(b)monitoring the product cycle from beginning to end by—

(c)monitoring the product cycle from beginning to end by—

(i)identifying and eliminating potential negative impacts of the product;

(ii)enabling the recovery and re-use of the product where possible; and

(iii)reclamation and recycling; and

(d)incorporating environmental concerns in the design and disposal of a product.

7. Segregation of waste

(1)A waste generator shall segregate waste by—

(a)separating hazardous waste from non-hazardous waste; and

(b)segregating non-hazardous waste into organic and non-organic fractions.

(2)The waste segregated under regulation (1) shall be placed in clearly labeled and colour coded receptacles, bins, containers and bags as set out in the Second Schedule.

(3)Any waste segregated in accordance with this regulation shall be disposed of at an appropriate disposal site.

(4)A waste service providers shall collect, handle and transport segregated waste as provided for under this Regulation.

Part III – TRANSPORTATION OF WASTE

8. Waste transportation licence

(1)Pursuant to section 87 (2) of the Act, no person shall transport any waste without a valid licence to transport waste.

(2)An application for a license to transport waste shall be made to the Authority in Form I set out in the Third Schedule and accompanied by the fee set out in the Fourth Schedule.

(3)Where an application under subregulation (2) is approved, the Authority shall issue a licence to transport waste in form II set out in the Third Schedule.

(4)A licence issue under subregulation (3) shall be valid for a period of one year from the date of issue.

(5)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.

9. Responsibility of waste transporter

(1)A person licensed to transport waste under regulation 8 shall ensure that—

(a)the collection and transportation of the waste is conducted in a manner that does not cause scattering, contamination, leakage of the waste;

(b)the vehicle and equipment used for the transportation of waste is in a state that does not cause the scattering of, or flowing out of waste or emission of noxious smells from such waste; and

(c)at all times during the transportation of any waste, he or his agent possess a duly filled tracking note in Form III set out in the Third Schedule to these Regulations and shall produce the tracking note on demand to any law enforcement officer.

(2)Where a licensee fails to comply with sub-regulation (1), the Authority may suspend their licence to transport waste for a period not exceeding six months.

Part IV – WASTE DISPOSAL PLANTS AND SITES

10. Waste disposal site or disposal licence

(1)Pursuant to section 87(3) of the Act, no person shall operate a waste disposal plant or site without a valid licence for the waste disposal site or plant.

(2)An application for a licence to operate a waste disposal site or plant shall be made to the Authority in Form IV set out in the First Schedule to these Regulations and shall be accompanied by the fees set out in the Second Schedule.

(3)Where an application under sub-regulation (2) is approved, the Authority shall issue a licence to operate a waste disposal site or plant in Form V set out in the Third Schedule subject to such conditions as the Authority may specify for purposes of ensuring waste disposal site or plant operates in an environmentally sound manner.

(4)In issuing a licence under sub-regulation (3), the Authority shall indicate the operation permitted and identified for the particular waste.

(5)A licence to operate a waste disposal site or plant shall be valid for a period of one year from the date of issue and shall be renewed annually on such terms and conditions as the Authority may specify.

(6)A person licensed to operate a waste disposal site or plant under this regulation shall obtain any other licence or approval required under the Act or other relevant law to operate the site or plant.

11. Records and reports

Every licensed operator of a waste disposal site or plant shall maintain accurate records of the site or plant and make annual reports to the Authority pursuant to the provisions of the Act.

12. Exemption

The Authority may exempt from the requirement to obtain a transportation licence any person transporting non-hazardous waste intended from direct re-use without any form of processing, including bagasse, sugar filter cake, molasses and demolition waste, if the waste is intended to be transported directly from the waste generator to the re-user.

13. Treatment of industrial waste

No person shall discharge or dispose of any waste in any state into the environment, unless the waste has been treated in a treatment facility in the manner specified by the Authority in consultation with the relevant lead agency.

14. Hazardous waste specifications

Pursuant to section 91 of the Act, the categories of waste or any waste having the characteristics specified in the Fifth Schedule shall as classified as hazardous waste.

15. Requirement for environmental impact assessment

(1)No person shall engage in any activity likely to generate hazardous waste without a valid environmental impact assessment licence issued by Authority in accordance with the Act.

(2)A person who contravenes sub-regulation (1) commits an offence and shall be liable on conviction to the penalty provided under section 144 of the Act.

Part V – HAZARDOUS WASTE

16. Handling, storing and transportation of hazardous waste

(1)Each waste generator of hazardous waste shall ensure that every container or package for storing such waste is labelled in legible characters, written in English and Kiswahili.

(2)The label of the container or package for storing hazardous waste shall contain the following information—

(a)the identity of the hazardous waste;

(b)the name and address of the generator of waste;

(c)the net contents;

(d)the normal storage stability and methods of storage;

(e)the name and percentage of weight of active ingredients and names and percentages of weights of other ingredients or half-life of radioactive material;

(f)warning or caution statements which may include any of the following as appropriate—

(i)the words “WARNING” or “CAUTION”;

(ii)the word “POISON” (marked indelibly in red on a contrasting background); and

(iii)the words “DANGER! KEEP AWAY FROM UNAUTHORIZED PERSONS”; and

(iv)a pictogram of skull and crossbones; and

(g)a statement of first aid measures, including the antidote when waste is inhaled, ingested or dermal contact and a direction that a physician must be contacted immediately.

17. Treatment of hazardous waste

(1)Each person who generates toxic or hazardous waste shall treat or cause to be treated such hazardous waste using, where applicable, the classes of incinerators specified in the Sixth Schedule to these Regulations or any other appropriate technology approved by the Authority.

(2)Any leachate or other by-products of such treated waste shall be disposed of or treated in accordance with the conditions set out in the licence or as specified by the Authority.

18. Export permit for hazardous waste

(1)Pursuant to section 91(4) of the Act, no person shall export hazardous wastes out of Kenya without a valid export permit issued by the Authority and a valid prior informed consent document issued by the designated competent authority of the receiving country.

(2)An application for a permit to export hazardous waste shall be made to the Authority in Form VI set out in Third Schedule, accompanied by the fee specified in the Fourth Schedule and a copy of the Prior Informed Consent document from the receiving country and proof of insurance in accordance with regulation 20.

(3)Where the Authority is satisfied that all the requirements have been complied with, it shall issue a permit to export hazardous waste in the Form VII set out in the Third Schedule.

(4)An export permit issued under these Regulations shall relate to the specific export transaction but shall not be valid for any subsequent export transactions or transferable.

19. Transit of hazardous waste within Kenya

(1)Pursuant to section 91(5), no person shall transit hazardous waste destined for another country through the territory of Kenya without a valid permit issued by the Authority and a valid prior informed consent form.

(2)An application for a permit to transit hazardous waste through Kenya shall be made to the Authority in Form VI set out in Third Schedule, accompanied by a transboundary movement of waste set out in Form VIII set out in the Third Schedule.

(3)Where the Authority is satisfied that all the requirements have been complied with, it shall, in writing, issue a permit to a successful applicant.

20. Insurance

(1)An application for an export permit under regulation 18 shall satisfy the Authority that the hazardous waste exporter has obtained to an insurance policy covering the risks likely to arise out of the activity for which the licence is required.

(2)A generator of waste which has been characterised as hazardous waste shall submit to the Authority a deposit bond assessment report and the environmental Impact Assessment Report prior to the commencement of the operations to cover the risks likely to be caused by the waste.

Part VI – NATIONAL WASTE INFORMATION SYSTEM

21. National waste information system

(1)The Authority shall maintain a national waste information system for recording, collecting, management and analysis of data and information.

(2)Without prejudice to subregulation (1), the system shall contain—

(a)a register of all permits and licences issued under these Regulations;

(b)data on the quantity and type or classification of waste generated, stored, transported, treated, transformed, reduced, reused, recycled, recovered or disposed of;

(c)a register of licensed waste management, recycling and other related activities;

(d)the status of the generation, collection, reduction, reuse, recycling, recovery, transportation, treatment and disposal of waste;

(e)the impact of waste on health and the environment; and

(f)perform such other functions as are incidental or conducive to the exercise of its powers or performance of its functions as best promotes the purpose for which the Authority is established.

(3)Every licensed operator shall submit waste management information data as may be required by the Authority from time to time into the national waste management information system.

Part VII – BIOMEDICAL WASTE

22. Requirement for environmental impact assessment licence for biomedical waste generator

An owner or operator of a facility that generates bio medical waste without an environmental impact assessment licence issued by the Authority commits an offence.

23. Approval of biomedical waste generating facility

Every waste generator of biomedical waste shall ensure that the generating facility has been approved by the appropriate lead agency and the relevant county government.

24. Segregation of biomedical waste

Every waste generator of biomedical waste shall at the point of generation and at all stages thereafter segregate the waste in accordance with the categories specified in the Seventh Schedule to these Regulations.

25. Securing and packaging of biomedical waste

All biomedical waste shall be securely packaged in biohazard containers which shall be labeled with the symbols set out in Part I and II in the Eighth Schedule to these Regulations.

26. Treatment of biomedical waste

Every waste generator shall treat or cause to be treated all biomedical waste in the manner set out in the Ninth Schedule to these Regulations, before such biomedical waste is stored or disposed of.

27. Monitoring by the lead agency

The relevant lead agency shall monitor the treatment of all biomedical waste to ensure that such waste is treated in a manner that will not adversely affect public health and the environment.

28. Storage of biomedical waste

No person shall store biomedical waste at a temperature above 0º C for more than seven days without the written approval of the relevant lead agency, provided that untreated pathological waste shall be disposed of within forty-eight hours.

29. Transportation of biomedical waste

(1)No person shall transport biomedical waste without a valid permit issued by the relevant lead agency in consultation with the relevant County government.

(2)No person shall transport or allow to be transported biomedical waste save in a specially designed vehicles or other means of conveyance so as to prevent spillage, leakage or scattering of such waste.

30. Transfer stations

The provisions of these Regulations relating to storage and transportation of bio-medical waste shall apply to operators of transfer stations.

31. Standards for biomedical waste disposal sites or plants

No person shall be issued with a licence to operate a biomedical waste disposal site or plant unless such site or plant complies with the requirements set out in the Third and Tenth Schedule to these Regulations.

32. Requirement for environmental impact assessment for biomedical waste disposal site or plant and license to operate

No person shall own or operate a biomedical waste disposal site or plant without a valid Environmental Impact Assessment licence issued by the Authority under the provisions of the Act and a license to operate such plant issued by the relevant lead agency and the relevant county government.

33. Requirement for environmental audits

Within six months after the commencement of these Regulations, operators of bio-medical waste disposal sites or plants shall submit Environmental Audit reports and thereafter annual Audit Reports to the Authority.

Part VIII – MISCELLANEOUS PROVISIONS

34. Transitional provisions for storage, processing, treatment plants and disposal sites

Any person who, before the commencement of these Regulations, was carrying on the business of operating a waste storage, processing, treatment plant or disposal site shall apply to the Authority for a licence within six months after the commencement of these Regulations.

FIRST SCHEDULE (rr. 2, 10(2))

CATEGORIES OF BIOMEDICAL WASTE

No.	Category of waste	Description
1.	Infections Waste	Waste suspected to contain pathogens e.g. laboratory cultures, waste from isolation wards, tissues (swabs), materials, or equipment that have been in contact with tubings, catheters, IGS toxins, live or attenuated vaccines, soiled plaster costs and other materials
2.	Pathological waste	contaminated with blood infected patients, excreta.
3.	Sharps	Human and animal tissues or fluids. e. g body parts
4.	Pharmaceutical waste	blood and other body fluids, fetuses, animal carcasses.
5.	Genotoxic Waste	Waste containing substances with genotoxic properties. e. g waste containing cytostatic drug (often used in cancer therapy), genotoxic chemicals.
6.	Chemical waste	Waste containing chemical substances e. g laboratory reagents; film developer, disinfectants, (disinfectants) that are expired or no longer needed solvents
7.	Waste with high content of heavy metals	Batteries, broken thermometers, blood-pressures gauges, etc
8.	Pressurized containers	Gas cylinders, gas cartridges, aerosol cans
9.	Radioactive waste	Waste containing radioactive substances e. g unused liquids from radiotherapy or laboratory research, contaminated glassware, packages, or absorbent paper, urine and excreta from patients treated or tested with unsealed radionuclides, sealed sources.
10.	General solid waste	Waste generated from offices, kitchens, packaging material from stores.
11.	Microorganisms	Any biological entity, cellular or non-cellular capable of replication or of transferring genetic material.

SECOND SCHEDULE (rr. 7(2), 10(2))

NATIONAL WASTE COLOUR CODE

S/No	Type of Waste	Colour Coding Scheme
1.	Organic Waste	Green
2.	General waste	Black
3.	Recyclable waste	Blue

THIRD SCHEDULE

FORMS

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FOURTH SCHEDULE (rr. 8(2), 18(2))

Fees

Item	Fee (Ksh.)
1. Application for licence/permit:
(a)For transportation of waste	5,000
(b)To own/operate a waste storage, processing, treatment plant and disposal site	5,000.00,
(C)to export waste	5, 000.00
2. License/Permit
For a license/permit to:
(a)Transport waste	10, 000.00
(b)Own/operate a waste storage and processing plant/site…	80, 000.00
(c)Own/operate a waste treatment plant and disposal plant/site	100, 000.00
(d)to export waste per consignment	50,0000.00