The Environmental Management and Coordination Act (1999) requires that everyone transporting waste from one area to another be licensed by NEMA. It is an offense to transport waste without a license from NEMA. Kindly read this link for more information on how to apply for a waste transportation license.
The waste transportation license is a document with a lot of text describing conditions which the waste transporter has to comply with. These conditions are prescribed in the Waste Management Regulations of 2006 and constitute the environmental standards to be maintained to ensure that waste transportation does not pose a risk to the environment.
TRANSPORT VEHICLE LICENSING CONDITIONS (RECYCLING MATERIAL)
A. General Conditions
1. The license validity is for a period of 12 MONTHS (from January – December)
2. The license allows for operation within the geographical area specified in the license. Operating outside the prescribed area is an offence.
3. Provide copy of contractual agreement with the NEMA licensed disposal facility (ies) before commencing operation.
4. Implement and maintain an environmental management system, organizational structure and allocate resources that are sufficient to achieve compliance with the requirements and conditions of this license.
5. Ensure that competent personnel operate the transport vehicle
6. Provide staff with appropriate personnel protective equipment (PPE)
7. Provide staff with full disclosure of the wastes characteristics being transported
8. Give access to Environmental inspectors from the Authority without prior notice upon identification and provide information, reports, records and data for inspection.
9. Maintain a serialized tracking document with the company logo and in the format provided for in FORM NEMA/WM/3 under the First Schedule of the Waste Management regulations, 2006 kept in the vehicle during transportation of waste.
10. Ensure that the truck is appropriately labeled “Plastic waste” in bold letters not less than 15cm on both sides and the back.
11. This license shall not be taken as statutory defense against charges of pollution in respect of any manner of pollution not specified herein.
12. Ensure that waste is transported between 6.00AM and 6.00PM
B. Operational Conditions
13. Ensure that the waste is covered during transportation
14. Ensure that the waste transport vehicle is designed and operated in a manner to prevent the occurrence of odour or health hazard
15. Ensure that transported waste is disposed off only at sites or a site licensed by the Authority.
16. Provide adequate and effective control measures for incident management
17. Comply with NEMA improvement orders throughout the operational period
18. Ensure that a copy of the licence is kept in the vehicle at all times throughout the operational period
19. Ensure that a copy of dully-filled tracking document with company logo in NEMA prescribed format is kept in the vehicle at all times.
C. Monitoring Conditions
20. Comply with the monitoring requirements of the Environmental Management and Coordination Act, 1999 and the Regulations
21. Seek written approval from the Authority for any operational changes.
22. Notify the Authority of intention to decommission and submit a Decommissioning Plan, 1 month prior to the decommissioning date.
23. Inform the Authority of any incident through the hotline No. 0786-101100, 0704 846019 email;firstname.lastname@example.org and written notice to the Authority within 24 hours
E. Decommissioning Conditions
24. Decommission the truck according to the approved Decommissioning plan
F. Revocation of the License
25. The Authority reserves the right to withdraw, cancel or vary this license in the event of breach of any of the conditions stated herein or any contravention to the Environmental Management and Coordination Act, 1999 and the Regulations there under.
What is the role of the members of the public?
As indicated above, NEMA has taken every step possible to ensure that there is no waste dumping taking place in the process of transportation. The members of the public are expected to be alert and report to NEMA any incidents depicting violation of conditions given above.
Penalties for violation of license conditions
The owners or operators of waste transportation trucks risk being slapped with the following sanctions for violating the conditions given in the license.
1. Revocation of the waste transportation license as provided for in F above
2. Prosecution in court which upon conviction may attract a fine of not more than Kshs 350,000 or six months imprisonment or both.
Article Categories:Environmental Legislation in Kenya