Kisii County Solid Waste Management Act, Kenya 2015.pdf

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SPECIAL ISSUE

Kisii Qounrv
gg;rt"

lypplentent No.30 (Aus No.5)

REPUBLIC OF KENYA

KISII COUNTY GAZETTE
SUPPLEMENT

ACTS, 2015

NAIROBI, 30th September, 2015

CONTENT

Acts-
PAGE

The Kisii County Solid Waste Management Act,2015 ...............................................1

pRTNTED AND punlisHeo ev rgprcovrnllMervr FnrNrsn. Nernoer


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2015

Section

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Kisii County Solid Waste Management

Date of Assent: 23rd Septentber, 2015

Date of Commencement: l4th October,20l5

ARRANGEMENT OF SECTIONS

PART I_PRELIMINARY

No.5
THE KISII COUNTY SOLID WASTE MANAGEMENT ACT,2015

No.5 of20l5

I -Short title.
2-Objective.

3-Application.

4 - Interpretation.
PART II_ ADMINISTRATION AND IMPLEMENTATION

5 -Administration.
6-Duty of care.
7-Waste operators.

8 - Transporters of solid waste .
9-Registers.

l0-Collection.

I I -Disposal.
l2-Payments.

PART III _ MISCELLANEOUS
I 3 -Enforcement.
14-Offences and Penalties.


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Kisii Counn' Solid Waste Management

THE KISII COUNTY SOLID WASTE
MANAGEMENT ACT,2015

AN ACT of the County Assembly of Kisii to provide for
Solid Waste Management and for connected
purposes

ENACTED by the County Assembly of Kisii as follows-

PART I_PRELIMINARY

1. This Act may be cited as the Kisii County Solid shortutre
Waste Management Act, 2015.

2. The purpose of this Act is to enable the County oblecrve
Government to protect and promote the long term clean
environment, health and well-being of the people within its
jurisdiction by-

(a) providing, in conjunction with any other applicable
law, an effective legal and administrative
framework within which the County Government
shall manage-

(i) manage and regulate activities that have the
potential to impact adversely on the
environment; and,

(ii) require premises to be properly maintained and
managed;and

(b) defining the rights and obligations of the County
Government and the public in relation to this
purpose.

3. The Act shall apply throughout the area of
jurisdiction of Kisii County.

4. In this Act, unless the context otherwise requires-
"Bulk waste" includes large appliances, machines,

furniture, and other solid waste (other than construction or
demolition debris or dead animals with weights or volumes
greater than those allowed for bundle waste or dustbins);

"bundle waste" includes tree plants, shrubs, bush
trimmings, newspapers, magazines, cartons or solid waste
securely tied as a package not exceeding one meter in
length or fifteen kilograms in weight;

"clinical waste" includes any waste which consists

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wholly or partly of human or animal tissue, blood or
other body fluids, excretions, drugs or other
pharmaceutical products, swabs or dressings or
syringes, needles or other sharp instruments and any
other waste arising from medical, nursing, dental,
veterinary, pharmaceutical or similar practice or the
collection of blood for transfusion being waste which
may prove hazardous to any person coming into contact
with it;

"County" means Kisii County;
"County Government" means the County Government

of Kisii;
"County waste" means waste which is the

responsibility of the County whether under this Act or
under any other law to collect treat and otherwise
dispose of;

"Department" means the county department for the
time being responsible for matters of environmental
management;

"Domestic waste" means normal household waste
produced in a residential building used wholly as a
private dwelling. If any trade is carried on in a
residential building or any part thereof the whole of the
waste arising there from shall be considered as trade
waste;

"Executive Committee Member" means the County
executive committee member for the time being in
charge of Water, Environment, Energy and Natural
Resources or any other officer of the county authorized
by the executive committee member for the purposes of
this Act.

"hazardous waste" means waste which is toxic,
flammable, corrosive, radioactive, explosive or
otherwise dangerous, and shall also include motor oil,
diesel fuel gasoline (petrol), paint, solvents, dry cells
and vehicle batteries, pesticides, and infectious or
medical wastes from hospitals and clinics, metallic and
or oily sludge's or solvents from commercial and
industrial establishments, asbestos materials,
radioactive wastes, and any such like waste which
possess characteristics that make them hazardous to
human beings or to the environment;


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Kisii Counn Solid Waste Manag,ement 2015No.5
"Hazardous waste audit" means verification of

records of hazardous waste disposal by an authorized
institution or authority;

"Occupier" in relation to any premises, means any
person-

(a) occupying the premises;
(b) leasing the premises;
(c) who is not occupying the premises but is entitled

to do so; or

(d) who manages the premises or a business on the
premises on behalf of a person referred to in
paragraphs a, b, or c.

"Owner" means-

(a) title holder and includes any person-lawfully
claiming title under him or his agent or any
person receiving rent or proceeds on his behalf.

(b) if the person referred to in (a) above is dead,
insolvent, mentally ill, a minor or under any
legal disability, the executor, guardian or other
person who is legally responsible for
administering that person's estate.

"Person" means a natural
and includes an organ of the

"premises" means-

(a) any land without
structures on it;

person or a juristic person,
state.

any buildings or other

(b) any building or other structures and the land on
which it is situated;

(c) Any land which adjoins land referred to in
paragraph (a) or (b) and any building or other
structure on the adjoining land, if that land,
building or structure is occupied or used in
connection with any activity carried out on the
premises referred to in paragraph (a) or (b); or

(d) any vessel, vehicle or movable structure which
is used for a scheduled use.


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"Residential dwelling" means any house, room,
shed, hut, cave, container, shelter, vehicle or any
other structure or place whatsoever, any part of
which is used or appears intended for use by any
human being for sleeping or in which any human
being dwells or sleeps and "room" has a
corresponding meaning ;

"Solid waste" means waste material generated by
domestic households, institutions, commercial
establishments, and industries, and all litter and
clandestine piles of such wastes;

"street" includes any street, road, highways, path,
sanitary lane, sand lane, thoroughfare or public
space to which the public have access and includes
a bridge over which a roadway runs;

"waste" includes any substance which constitutes a
scrap material or an unwanted surplus substance
arising from the application of any process and any
substance or arlicle which requires to be disposed of
as being broken, worn out, contaminated or
otherwise spoilt and for the purposes of this Act
anything which is discarded or otherwise dealt with
as if it were waste shall be presumed to be waste
unless the contrary is proved;

"Waste management" includes cleansing, removal,
collection, transpoft, separation, treatment and or
disposal of waste in accordance with this Act;

"Waste operator" means an entity licensed by the
County to carry out waste management operations
within the County;

"Waste management services charge" means
the charge determined by the County from time to
time either of its own motion or on a proposal from
a Waste manager as a waste management services
charge;

"Waste treatment" includes sorting,
separation, recycling, bulking, or other activity
formal or informal which changes the quantity and
or composition of waste pending final disposal
whether or not carried out with a view to extracting
useable elements;

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"Permit" means a document issued by the County to a
person or an entity to conduct business within its
jurisdiction.

"Permit holder" means a business entity or person
duly authorized by the County to conduct business within
Kisii County.

PART II-ADMINISTRATION AND
IMPLEMENTATION

5. (1) This Act shall be administered by the
Department.

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Admlnlstratron ol
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(2) The Executive Committee Member shall, by
notification in the Ga:.ette, appoint such number of
authorized officers as may be necessary for the proper
administration of this Act.

6. (a) The County Government has the primary duty to Dutl'orcare
regulate waste and its management within the
County and for this purpose all waste generated or
otherwise arising within the area of Kisii County
shall be subjected to this Act and shall be
regulated by the County Government accordingly.

(b) The County Government shall prepare a waste
management plan of its arrangements for
managing waste arising within its area of
jurisdiction.

(c) The plan shall include information as to, among
other things, the kinds and quantities of waste
likely to be present within its area of jurisdiction
during the plan period; the methods by, and
arrangements under, which the waste should be
treated or disposed of; the sites and equipment
which the County Government and other persons
are providing or propose to provide for treating
and disposing of the waste; and an investment plan
for implementing the plan.

(d) The County Government shall establish and
maintain schemes and/ or alTangements for the
removal and destruction of, or otherwise dealing
with, all kinds of waste generated or otherwise
arising within its area of jurisdiction however
arising and may establish different schemes or

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arrangements for different parts or zones of its area
of jurisdiction or for different categories of waste
and, where such schemes or arrangements are
established or otherwise exits, to compel the use of
such schemes or arrangements by persons residing
in or carrying on business and / or other activities
within its area of jurisdiction.

(e) It shall be the duty of any person who produces,
carries, keeps, treats, disposes of or otherwise
handles waste or who otherwise has control of
waste from his premises or that of any other
person and, on the transfer of waste, to ensure that
the transfer is made only to an authorized person
or to a person for authorized transport purposes
and that there is transferred with the waste such a
written description of the waste and also to enable
other persons to comply with this duty as respects
the escape of the waste.

(f) The duty under rule (e) above does not apply to an
occupier of domestic property in respect to the
household waste produced on the property.

(g) The occupier or owner of any residential dwelling
or trade premises within the area of jurisdiction of
the County Government shall deal with waste
arising from the premises in accordance with the
directions issued by the County Government either
specifically or under the scheme or arrangement
established by the County Government under this
Act for the management of domestic and / or trade
waste arising in the area where the particular
occupier or owner resides or carries on business or
other activities.

7. (a) The County Government shall issue permit to wasteoperators
waste operators who satisfy such requirements as
to technical and financial capability as it shall
stipulate.

(b) The County Government shall determine categories
of waste operators for which an application may be
made and may from time to time alter such
categories.

(c) An application for a waste operator's permit shall be


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(e)

(0

made on an application form provided by the
County Government shall include information
about the technical and financial capability of the
applicant to provide the services specified in the
application.

(d) Where the County Government receives an
application it shall publish the fact of the
application in one newspaper with a circulation
within its area of jurisdiction and shall invite
members of the public to make representations
within 14 days of the publication of the
application.

Any person who, in an application for a waste
operator's permit makes any statement which he
knows to be false or reckless in any material fact
shall be guilty of an offence under this Act.

A waste operator's permit shall include such terms
and conditions as the County Government sees fit
to specify in the permit including a description of
the activities which may be undertaken under the
permit; the duration of the permit; the supervision
by the holder of the permit of activities to which
the permit relates.

The County Government shall from time to time
review the performance of waste operators and
may suspend or cancel a waste operator's permit if
the permit holder has breached the terms and
conditions of the permit or has been guilty of
negligence in managing waste whose management
is authorized by the permit; or for other sufficient
reason.

Subject to the process in (d) above, the County
Government may on its own initiative, or on the
application of the permit holder, modify the terms
and conditions of the permit.

Where it appears to the County Government that
the continuation of activities to which a waste
operator's permit relates is causing or would cause
pollution of the environment, danger to the public
health or serious detriment to the amenity of the
locality affected by the activities and the pollution,

(e)

(h)

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danger or detriment cannot be avoided by
modifying the conditions of the permit, the County
Government may revoke the permit with effect
from a specified date after issuing a notice to the
permit holder and hearing any representations that
the permit holder may wish to make as to why the
permit should not be revoked.

No permit holder shall transfer the permit to another
person without a written consent of the County
Government.

Permits issued under this Act may relinquished
upon-
(i) a permit holder giving a 30 days' notice ro the

County Government; and,

(ii) receives a notification from the County
Government of no objection to the
relinquishment; and

(iii) delivering the permit to the County
Government, within l4 days from the date of
such notification.

Any such relinquishment shall not absolve the
permit holder from any liabilities or obligations
whether civil or criminal incurred during the
period when he held the permit.

(a) Unless a person belongs to a category of
transporters exempted by the County Government,
any person who is not a registered transporter of
solid waste or a permit holder in the course of any
business of his or otherwise with a view to profit
from transport any solid waste within the area of
jurisdiction of the County Government commits
and offence under this Act.

(b) The County Government shall make provision for
the registration of waste transporters. Applicants
shall provide information regarding their physical
address and their financial and technical capability
to transport waste.

(c) The County Government may require registered
waste transporters to execute a security bond as a
condition for registration.

0)

(k)

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8. Transporters of sohd
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(d) In determining whether it is desirable for any
individual to be or to continue to be authorized to
transport waste the County Government shall have
regard to-

(i) whether the person, his agents, servants and/or
employees have been convicted of an offence
under this Act; and,

(ii) whether that individual has been party to the
carrying out of business in a manner involving
commission of an offence under this Act.

The County Government may revoke the
registration of a person who has been convicted of
an offence under this Act.

If it appears to a duly authorized officer of the
County Government that any waste is being or has
been transported in contravention of this Act, he
may, in the presence of a police officer, stop any
person appearing to him to be or to have been
engaged in transporting that waste and require that
person to produce his authority or, as the case may
be, his employer's authority, for transporting that
waste and search any vehicle that appears to him
to be a vehicle which is being or has been used for
transporting waste.

(g) For the purposes of paragraph (0 of this Act, a
person's authority to transport waste is his
certificate of registration as a transporter of waste
or a certified copy thereof or evidence that he is
not required to be registered as a waste transporter.

9. (a) The County Government shall maintain a Res'srer\
register containing prescribed particulars of all
waste operator's permits and registrations of
transporters which are for the time being in force'

(b) The County Government shall ensure that the
register is open for inspection at its principal office
by members of the public free of charge at all
reasonable hours.

(c) The County Government shall accord members of
the public reasonable facilities for obtaining, on
payment of reasonable charges, copies of entries in
the register.

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10. (a) It shall be the duty of the County Governmenl correctron
to arrange for the collection, treatment and
disposal of, or otherwise dealing with, all
domestic waste and street and other litter
generated or otherwise arising within its area of
jurisdiction and to take all necessary and
reasonably practicable measures to maintain all
places falling within its area of jurisdiction in a
clean and sanitary condition at all times.

(b) For the purposes of carrying out its duty under
sub-rule (a) above the County Government may
enter into such agreements with third parties as it
deems appropriate including contracts,
franchises, and concessions.

(c) It shall be the duty of the person who generates
offensive trade waste or on whose premises
offensive trade waste otherwise arises to arrange
for the collection, treatment and disposal of all
trade waste generated by him and to take all
necessary and reasonably practicable measures to
ensure that the trade waste is not released into the
environment so as to cause pollution thereof.

(d) Offensive trade waste for purposes of (c) above
means any waste as a result of any business or
business which involves an activity, listed
hereunder-

(i) panel beating or spray panting;
(ii) operating a waste recycling plant including

oil and petroleum products recycling;
(iii) scrap yard or scrap mental dealing;
(iv) charcoal burning,
(v) brick burning;
(vi) manure making or storing or compost

making;

(vii) manufacture of malt of yeast;
(viii)cement works;

(ix) rolling of iron or other metal;
(x) garage operations.


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It shall be the duty of every occupier and every
owner of premises wherein any hazardous waste
or clinical waste is generated, to make suitable
arrangements, including the separation of such
waste from other non-hazardous waste or non-
clinical waste, to the satisfaction of the County
Government, for the proper management of the
waste and in doing so shall comply with any
directions issued by the County Government

It shall be the duty of every occupier and every
owner of premises wherein bulk waste is
generated to make suitable alrangements for the
disposal of such waste and in doing so shall
comply with any directions of by the County
Government.

Every occupier and/or tenant of any residential
dwelling shall provide and maintain, to the
satisfaction of the County Government, a
container for domestic waste of a sufficient size,
and fitted with a good and effective lid and shall
daily cause to be placed within such container the
domestic waste from the said residential dwelling
in so far as the said container shall be sufficient
to contain the same;

Every occupier and/or tenant of any trade
premises shall provide and maintain to the
satisfaction of the council a container for trade
waste of a sufficient size, and fitted with a good
and effective lid, and shall daily cause to be
placed within such container the trade waste from
the said premises in so far as the said container
shall be sufficient to contain the same.

If it appears to the County Government that there
is likely to be situated on any premises in its area
trade waste of a kind or in quantities which, if the
waste is not stored in containers of a particular
kind, is likely to cause a nuisance or to be
detrimental to the amenity of the locality in
which the premises are situated the County
Government may, by notice served on the
occupier, require him to provide at the premises,
containers for the storage of such waste which are

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of a kind and number reasonably specified in the
notice.

() Occupiers of domestic and trade premises shall
separate waste which can be recycled and place
them in a different container provided by the
County Government or the waste operator as the
case may be for the purpose.

(k) It shall be an offence under this Act to burn, throw
away, or otherwise dispose of domestic and trade
waste other than by handing it to, or where there
is an arrangement to that effect, leaving it at an
appropriate place and in an appropriate container,
for collection by a licensed waste manager or a
registered waste transporter.

11. (a) Waste shall be disposed of only in permitted
disposal areas or at an approved disposal facility.

(b) It shall be the duty of the County Government to
provide places at which to deposit waste before its
transfer to a place for its final disposal and places
at which to dispose of waste and plant and
equipment for processing it or otherwise disposing
of it.

(c) The County Government may permit another
person to use facilities provided by it with or
without a charge as may be appropriate.

(d) The person in charge of the waste disposal facility
and the person delivering waste to the facility shall
maintain a record of all waste loads disposed of at
the facility. The record shall take the form of a
delivery note signed by both parties at the time of
disposal of each load. The records shall be kept for
a period of five years and shall be availed to the
County Government on request within that period.

(e) Waste delivered to a permit holder shall be his
responsibility to him to deal with under this Act.

(0 No person shall sort over or disturb anything
deposited at a place provided or approved by the
County Government for the deposit of waste or in
containers for waste provided by the County
Government or other person unless he is

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Kisii County Solid Waste Managemeri 2015No.5
authorized to do so by the County Government or
unless she is a person entitled to the custody of the
container or is authorized to do so by such a
person or is a person having the function of
emptying the container.

(g) The County Government shall make provision for
small scale resource recovery activities to be
undertaken by organized groups at designated sites
before disposal of waste.

(h) A permit holder may do such things as it considers
appropriate for the purpose of enabling waste
belonging to it to be used again or enabling
substances to be reclaimed from such waste and it
may use, sell, or otherwise dispose of waste
belonging to it or anything produced from such
waste.

12. (a) The County Government shall issue directions Pa)'ments

on waste collection charges. The directions shall
specify the amount of charge or charges to be
imposed for different categories of services or for
services in different localities or zones within the
area of jurisdiction of the County; the mode of
payment and receipt of the charges; and
provisions as to the penalty or penalties for
failure to pay the charges.

(b) Directions on charges or waste management
services may provide for the imposition of a levy
to meet the costs of general cleansing but any
such levy must be itemized separately on the
waste bill or other invoice and must be placed by
the collector in a dedicated fund.

(c) Charges shall be collected by the person who
provides the waste management services for
which the charge is being levied.

(d) There shall be paid by every person or entity to
whom a waste management service is provided, a
waste charge imposed in accordance with the
directions issued by the County Government

(e) The County Government hereby imposes the waste
charges which are annexed to this Act.


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2015 Kisii County Solid Waste Managentent
PART III _ MISCELLANEOUS PROVISIONS

13. (a) The County Government shall establish and
implement a system of monitoring, inspections and
enforcement of waste management activities and
shall inform and keep the public informed of steps it
is taking to implement and improve waste
management within Kisii County and the use to
which the general cleansing levy is put in each year.

(b) Any officer or agent of the County Government
duly authorized in that behalf, may at all reasonable
times, enter any residential dwelling or trade
premises within the area of jurisdiction of the
County Government for the purposes of conducting
any inspection, inquiry or the execution of works
under the provisions of this Act.
(c) In addition to such penalties for non-payment as
may be stipulated in the directions issued by the
County Government for non-payment of charges for
waste management services, any waste management
charge payable under the Act shall be a debt due
and owing to collector and may be recovered as a
civil debt at the instance of the collector or any
person authorized by the collector to collect on its
behalf.

(d) Any power or function conferred on the County
Government under this Act may be exercised or
performed by a third party pursuant to an agreement
between the County Government and the third party
and will be deemed to have been exercised or
performed under the authority of this Act.

14. Any person who refuses or fails to comply with any
provision of this Act or gives false information in relation
to any requirements of this Act shall be guilty of an
offence, and, in addition to any other penalty which may
lawfully be available, shall be liable on conviction to a fine
not exceeding Fifty Thousand Shillings or for a term not
exceeding 4 years imprisonment or to both such fine and
imprisonment.

15. The Executive Committee member may make
Regulations generally for the better carrying out into effect
of the provisions of this Act.

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Offences and
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SPECIAL ISSUE

Kisti County Gazette Supplement No. 30 (Acts No. 5)


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REPUBLIC OF KENYA

KISI| COUNTY GAZETTE
SUPPLEMENT

ACTS, 2015

NAIROBI, 30th September, 2015

CONTENT
Acts—
PAGE
The Kisii County Solid Waste Management Act, 2015 o.o...ccccccssesscssesestescscereeseseses 1
NATION ‘AL Cr)
UINCIL PB
LAW SEPOR TING OR
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PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER. NAIROBI


ON ee ee

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2015 Kisii County Solid Waste Management No.5
THE KISII COUNTY SOLID WASTE MANAGEMENT ACT, 2015
No. 5 of 2015

Date of Assent: 23rd September, 2015
Date of Commencement: 14th October, 2015
ARRANGEMENT OF SECTIONS
Section
PART I—PRELIMINARY
1 —Short title.
2—Objective.
3— Application.
4— Interpretation.
PART II— ADMINISTRATION AND IMPLEMENTATION
5— Administration.
6— Duty of care.
7 — Waste operators.
8—Transporters of solid waste.
9— Registers.
10—Collection.
11—Disposal.
12—Payments.
PART TT—MISCELLANEOUS
13—Enforcement.

14— Offences and Penalties.


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No.5 Kisii County Solid Waste Management

THE KISII COUNTY SOLID WASTE
MANAGEMENT ACT, 2015

AN ACT of the County Assembly of Kisii to provide for
Solid Waste Management and for connected
purposes

ENACTED by the County Assembly of Kisii as follows —
PART I—PRELIMINARY

1. This Act may be cited as the Kisii County Solid
Waste Management Act, 2015.

2. The purpose of this Act is to enable the County
Government to protect and promote the long term clean
environment, health and well-being of the people within its
jurisdiction by —

(a) providing, in conjunction with any other applicable
law, an effective legal and administrative
framework within which the County Government
shall manage —

(i) manage and regulate activities that have the
potential to impact adversely on _ the
environment; and,

(ii) require premises to be properly maintained and
managed; and

(b) defining the rights and obligations of the County
Government and the public in relation to this

purpose.

3. The Act shall apply throughout the area of
jurisdiction of Kisii County.

4. In this Act, unless the context otherwise requires —

“Bulk waste” includes large appliances, machines,
furniture, and other solid waste (other than construction or
demolition debris or dead animals with weights or volumes
greater than those allowed for bundle waste or dustbins),

“bundle waste” includes tree plants, shrubs, bush
trimmings, newspapers, magazines, cartons or solid waste
securely tied as a package not exceeding one meter in
length or fifteen kilograms in weight;

“clinical waste” includes any waste which consists

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Objective

Application

Interpretation


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2015 Kisii County Solid Waste Management

wholly or partly of human or animal tissue, blood or
other body fluids, excretions, drugs or other
pharmaceutical products, swabs or dressings or
syringes, needles or other sharp instruments and any
other waste arising from medical, nursing, dental,
veterinary, pharmaceutical or similar practice or the
collection of blood for transfusion being waste which
may prove hazardous to any person coming into contact
with it;
“County” means Kisii County;

“County Government” means the County Government
of Kisii;

“County waste” means waste which is the
responsibility of the County whether under this Act or

under any other law to collect treat and otherwise
dispose of;

“Department” means the county department for the
time being responsible for matters of environmental
management;

“Domestic waste” means normal household waste
produced in a residential building used wholly as a
private dwelling. If any trade is carried on in a
residential building or any part thereof the whole of the
waste arising there from shall be considered as trade
waste;

“Executive Committee Member” means the County
executive committee member for the time being in
charge of Water, Environment, Energy and Natural

Resources or any other officer of the county authorized
by the executive committee member for the purposes of

this Act.

“hazardous waste” means waste which is toxic,
flammable, corrosive, radioactive, explosive or
otherwise dangerous, and shall also include motor oil,
diesel fuel gasoline (petrol), paint, solvents, dry cells
and vehicle batteries, pesticides, and infectious or
medical wastes from hospitals and clinics, metallic and
or oily sludge’s or solvents from commercial and
industrial establishments, asbestos materials,
radioactive wastes, and any such like waste which
possess characteristics that make them hazardous to
human beings or to the environment;

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“Hazardous waste audit” means verification of
records of hazardous waste disposal by an authorized
institution or authority;

“Occupier” in relation to any premises, means any
person —

(a) occupying the premises;
(b) leasing the premises;

(c) who is not occupying the premises but is entitled
to do so; or

(d) who manages the premises or a business on the
premises on behalf of a person referred to in
paragraphs a, b, orc.

“Owner” means —

(a) title holder and includes any person-lawfully
claiming title under him or his agent or any
person receiving rent or proceeds on his behalf.

(b) if the person referred to in (a) above is dead,
insolvent, mentally ill, a minor or under any
legal disability, the executor, guardian or other
person who is_ legally responsible for
administering that person’s estate.

“Person” means a natural person or a juristic person,
and includes an organ of the state.

“premises” means —

(a) any land without any buildings or other
structures on it;

(b) any building or other structures and the land on
which it is situated;

(c) Any land which adjoins land referred to in
paragraph (a) or (b) and any building or other
structure on the adjoining land, if that land,
building or structure is occupied or used in
connection with any activity carried out on the
premises referred to in paragraph (a) or (b); or

‘(d) any vessel, vehicle or movable structure which
is used for a scheduled use.

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“Residential dwelling” means any house, room,
shed, hut, cave, container, shelter, vehicle or any
other structure or place whatsoever, any part of
which is used or appears intended for use by any
human being for sleeping or in which any human
being dwells or sleeps and “room” has a
corresponding meaning;

“Solid waste” means waste material generated by
domestic households, institutions, commercial
establishments, and industries, and all litter and
clandestine piles of such wastes;

“street” includes any street, road, highways, path,
sanitary lane, sand lane, thoroughfare or public
space to which the public have access and includes
a bridge over which a roadway runs;

“waste” includes any substance which constitutes a
scrap material or an unwanted surplus substance
arising from the application of any process and any
substance or article which requires to be disposed of
as being broken, worn out, contaminated or
otherwise spoilt and for the purposes of this Act
anything which is discarded or otherwise dealt with
as if it were waste shall be presumed to be waste
unless the contrary is proved;

“Waste management” includes cleansing, removal,
collection, transport, separation, treatment and or
disposal of waste in accordance with this Act;

“Waste operator” means an entity licensed by the
County to carry out waste management operations
within the County;

“Waste management services charge” means
the charge determined by the County from time to
time either of its own motion or on a proposal from
a Waste manager as a waste management services
charge;

“Waste treatment” includes __ sorting,
separation, recycling, bulking, or other activity
formal or informal which changes the quantity and
or composition of waste pending final disposal
whether or not carried out with a view to extracting
useable elements;

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No.5 Kisii County Solid Waste Management

“Permit” means a document issued by the County to a
person or an entity to conduct business within its
jurisdiction.

“Permit holder” means a business entity or person
duly authorized by the County to conduct business within
Kisii County.

PART IT—ADMINISTRATION AND
IMPLEMENTATION

5. (1) This Act shall be administered by the
Department.

(2) The Executive Committee Member shall, by
notification in the Gazette, appoint such number of
authorized officers as may be necessary for the proper
administration of this Act.

6. (a) The County Government has the primary duty to
regulate waste and its management within the
County and for this purpose all waste generated or
otherwise arising within the area of Kisii County
shall be subjected to this Act and shall be
regulated by the County Government accordingly.

(b) The County Government shall prepare a waste
management plan of its arrangements for
managing waste arising within its area of
jurisdiction.

(c) The plan shall include information as to, among
other things, the kinds and quantities of waste
likely to be present within its area of jurisdiction
during the plan period; the methods by, and
arrangements under, which the waste should be
treated or disposed of; the sites and equipment
which the County Government and other persons
are providing or propose to provide for treating
and disposing of the waste; and an investment plan
for implementing the plan.

(d) The County Government shall establish and
maintain schemes and/ or arrangements for the
removal and destruction of, or otherwise dealing
with, all kinds of waste generated or otherwise
arising within its area of jurisdiction however
arising and may establish different schemes or

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Administration of

this Act

Duty of care

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2015 Kisii County Solid Waste Management

arrangements for different parts or zones of its area
of jurisdiction or for different categories of waste
and, where such schemes or arrangements are
established or otherwise exits, to compel the use of
such schemes or arrangements by persons residing
in or carrying on business and / or other activities
within its area of jurisdiction.

(e) It shall be the duty of any person who produces,
carries, keeps, treats, disposes of or otherwise
handles waste or who otherwise has control of
waste from his premises or that of any other
person and, on the transfer of waste, to ensure that
the transfer is made only to an authorized person
or to a person for authorized transport purposes
and that there is transferred with the waste such a
written description of the waste and also to enable
other persons to comply with this duty as respects
the escape of the waste.

(f) The duty under rule (e) above does not apply to an
occupier of domestic property in respect to the
household waste produced on the property.

(g) The occupier or owner of any residential dwelling
or trade premises within the area of jurisdiction of
the County Government shall deal with waste
arising from the premises in accordance with the
directions issued by the County Government either
specifically or under the scheme or arrangement
established by the County Government under this
Act for the management of domestic and / or trade
waste arising in the area where the particular
occupier or owner resides or carries on business or
other activities.

7. (a) The County Government shall issue permit to
waste operators who satisfy such requirements as
to technical and financial capability as it shall
stipulate.

(b) The County Government shall determine categories
of waste operators for which an application may be
made and may from time to time alter such
categories.

(c) An application for a waste operator’s permit shall be

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made on an application form provided by the
County Government shall include information
about the technical and financial capability of the
applicant to provide the services specified in the
application.

(d) Where the County Government receives an
application it shall publish the fact of the
application in one newspaper with a circulation
within its area of jurisdiction and shall invite
members of the public to make representations
within 14 days of the publication of the
application.

(e) Any person who, in an application for a waste
operator’s permit makes any statement which he
knows to be false or reckless in any material fact
shall be guilty of an offence under this Act.

(f) A waste operator’s permit shall include such terms
and conditions as the County Government sees fit
to specify in the permit including a description of
the activities which may be undertaken under the
permit; the duration of the permit; the supervision
by the holder of the permit of activities to which
the permit relates.

(g) The County Government shall from time to time
review the performance of waste operators and
may suspend or cancel a waste operator’s permit if
the permit holder has breached the terms and
conditions of the permit or has been guilty of
negligence in managing waste whose management
is authorized by the permit; or for other sufficient
reason.

(h) Subject to the process in (d) above, the County
Government may on its own initiative, or on the
application of the permit holder, modify the terms
and conditions of the permit.

(i) Where it appears to the County Government that
the continuation of activities to which a waste
operator’s permit relates is causing or would cause
pollution of the environment, danger to the public
health or serious detriment to the amenity of the
locality affected by the activities and the pollution,

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Kisii County Solid Waste Management

danger or detriment cannot be avoided by
modifying the conditions of the permit, the County
Government may revoke the permit with effect
from a specified date after issuing a notice to the
permit holder and hearing any representations that
the permit holder may wish to make as to why the
permit should not be revoked.

person without a written consent of the County
Government.

(k) Permits issued under this Act may relinquished

upon—

(i) apermit holder giving a 30 days’ notice to the
County Government; and,

(ii) receives a notification from the County
Government of no _ objection to the
relinquishment; and

(iii) delivering the permit to the County
Government, within 14 days from the date of
such notification.

Any such relinquishment shall not absolve the
permit holder from any liabilities or obligations
whether civil or criminal incurred during the
period when he held the permit.

8. (a) Unless a person belongs to a category of

enn Re

(j) No permit holder shall transfer the permit to another
(I)

transporters exempted by the County Government,
any person who is not a registered transporter of
solid waste or a permit holder in the course of any
business of his or otherwise with a view to profit
from transport any solid waste within the area of
jurisdiction of the County Government commits
and offence under this Act.

(b) The County Government shall make provision for

the registration of waste transporters. Applicants
shall provide information regarding their physical
address and their financial and technical capability
to transport waste.

(c) The County Government may require registered

waste transporters to execute a security bond as a
condition for registration.

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No.5 Kisii County Solid Waste Management 2015

(d) In determining whether it is desirable for any
individual to be or to continue to be authorized to
transport waste the County Government shall have
regard to—

(i) whether the person, his agents, servants and/or
employees have been convicted of an offence
under this Act; and,

(ji) whether that individual has been party to the
carrying out of business in a manner involving
commission of an offence under this Act.

(e) The County Government may revoke the
registration of a person who has been convicted of
an offence under this Act.

(f) If it appears to a duly authorized officer of the
County Government that any waste is being or has
been transported in contravention of this Act, he
may, in the presence of a police officer, stop any
person appearing to him to be or to have been
engaged in transporting that waste and require that
person to produce his authority or, as the case may
be, his employer’s authority, for transporting that
waste and search any vehicle that appears to him
to be a vehicle which is being or has been used for
transporting waste.

(g) For the purposes of paragraph (f) of this Act, a
person’s authority to transport waste is his
certificate of registration as a transporter of waste
or a certified copy thereof or evidence that he is
not required to be registered as a waste transporter.

9.(a) The County Government shall maintain a ®eses
register containing prescribed particulars of all
waste operator’s permits and registrations of
transporters which are for the time being in force.

(b) The County Government shall ensure that the
register is open for inspection at its principal office
by members of the public free of charge at all
reasonable hours.

(c) The County Government shall accord members of
the public reasonable facilities for obtaining, on
payment of reasonable charges, copies of entries in
the register.


—

11
2015 Kisti County Solid Waste Management

10. (a) It shall be the duty of the County Government
to arrange for the collection, treatment and
disposal of, or otherwise dealing with, all
domestic waste and street and other litter
generated or otherwise arising within its area of
Jurisdiction and to take all necessary and
reasonably practicable measures to maintain all
places falling within its area of jurisdiction in a
clean and sanitary condition at all times.

(b) For the purposes of carrying out its duty under
sub-rule (a) above the County Government may
enter into such agreements with third parties as it
deems appropriate including contracts,
franchises, and concessions.

(c) It shall be the duty of the person who generates
offensive trade waste or on whose premises
offensive trade waste otherwise arises to arrange
for the collection, treatment and disposal of all
trade waste generated by him and to take all
necessary and reasonably practicable measures to
ensure that the trade waste is not released into the
environment so as to cause pollution thereof.

(d) Offensive trade waste for purposes of (c) above
means any waste as a result of any business or
business which involves an activity, listed
hereunder—

(i) panel beating or spray panting;

(ii) Operating a waste recycling plant including
oil and petroleum products recycling;

(ili) scrap yard or scrap mental dealing;
(iv) charcoal burning,
(v) brick burning;

(vi) manure making or storing or compost
making;

(vii) manufacture of malt of yeast;
(viil)cement works;
(ix) rolling of iron or other metal;

(x) garage operations.

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(e) It shall be the duty of every occupier and every
owner of premises wherein any hazardous waste
or clinical waste is generated, to make suitable
arrangements, including the separation of such
waste from other non-hazardous waste or non-
clinical waste, to the satisfaction of the County
Government, for the proper management of the
waste and in doing so shall comply with any
directions issued by the County Government

(f) It shall be the duty of every occupier and every
owner of premises wherein bulk waste is
generated to make suitable arrangements for the
disposal of such waste and in doing so shall
comply with any directions of by the County
Government.

(g) Every occupier and/or tenant of any residential
dwelling shall provide and maintain, to the
satisfaction of the County Government, a
container for domestic waste of a sufficient size,
and fitted with a good and effective lid and shall
daily cause to be placed within such container the
domestic waste from the said residential dwelling
in so far as the said container shall be sufficient
to contain the same;

(h) Every occupier and/or tenant of any trade
premises shall provide and maintain to the
satisfaction of the council a container for trade
waste of a sufficient size, and fitted with a good
and effective lid, and shall daily cause to be
placed within such container the trade waste from
the said premises in so far as the said container
shall be sufficient to contain the same.

(i) If it appears to the County Government that there
is likely to be situated on any premises in its area
trade waste of a kind or in quantities which, if the
waste is not stored in containers of a particular
kind, is likely to cause a nuisance or to be
detrimental to the amenity of the locality in
which the premises are situated the County
Government may, by notice served on the
occupier, require him to provide at the premises,
containers for the storage of such waste which are

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Kisii County Solid Waste Management

of a kind and number reasonably specified in the
notice.

(j) Occupiers of domestic and trade premises shall

separate waste which can be recycled and place
them in a different container provided by the
County Government or the waste operator as the
case may be for the purpose.

(k) It shall be an offence under this Act to burn, throw

away, or otherwise dispose of domestic and trade
waste other than by handing it to, or where there
is an arrangement to that effect, leaving it at an
appropriate place and in an appropriate container,
for collection by a licensed waste manager or a
registered waste transporter.

11.(a) Waste shall be disposed of only in permitted

disposal areas or at an approved disposal facility.

(b) It shall be the duty of the County Government to

(c)

provide places at which to deposit waste before its
transfer to a place for its final disposal and places
at which to dispose of waste and plant and
equipment for processing it or otherwise disposing
of it.

The County Government may permit another
person to use facilities provided by it with or
without a charge as may be appropriate.

(d) The person in charge of the waste disposal facility

and the person delivering waste to the facility shall
maintain a record of all waste loads disposed of at
the facility. The record shall take the form of a
delivery note signed by both parties at the time of
disposal of each load. The records shall be kept for
a period of five years and shall be availed to the
County Government on request within that period.

(e) Waste delivered to a permit holder shall be his

responsibility to him to deal with under this Act.

(f) No person shall sort over or disturb anything

deposited at a place provided or approved by the
County Government for the deposit of waste or in
containers for waste provided by the County
Government or other person unless he is

Disposal

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Kisii County Solid Waste Management

authorized to do so by the County Government or
unless she is a person entitled to the custody of the
container or is authorized to do so by such a
person or is a person having the function of
emptying the container.

(g) The County Government shall make provision for

(h)

small scale resource recovery activities to be
undertaken by organized groups at designated sites
before disposal of waste.

A permit holder may do such things as it considers
appropriate for the purpose of enabling waste
belonging to it to be used again or enabling
substances to be reclaimed from such waste and it
may use, sell, or otherwise dispose of waste
belonging to it or anything produced from such
waste.

12. (a) The County Government shall issue directions

(b)

(c)

(d)

on waste collection charges. The directions shall
specify the amount of charge or charges to be
imposed for different categories of services or for
services in different localities or zones within the
area of jurisdiction of the County; the mode of
payment and receipt of the charges; and
provisions as to the penalty or penalties for
failure to pay the charges.

Directions on charges or waste management
services may provide for the imposition of a levy
to meet the costs of general cleansing but any
such levy must be itemized separately on the
waste bill or other invoice and must be placed by
the collector in a dedicated fund.

Charges shall be collected by the person who
provides the waste management services for
which the charge is being levied.

There shall be paid by every person or entity to
whom a waste management service is provided, a
waste charge imposed in accordance with the
directions issued by the County Government

(e) The County Government hereby imposes the waste

charges which are annexed to this Act.

Payments

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13.

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Kisii County Solid Waste Management

PART ITT— MISCELLANEOUS PROVISIONS

(a) The County Government shall establish and
implement a system of monitoring, inspections and
enforcement of waste management activities and
shall inform and keep the public informed of steps it
is taking to implement and improve waste
management within Kisii County and the use to
which the general cleansing levy is put in each year.

(b) Any officer or agent of the County Government

duly authorized in that behalf, may at all reasonable
times, enter any residential dwelling or trade
premises within the area of jurisdiction of the
County Government for the purposes of conducting
any inspection, inquiry or the execution of works
under the provisions of this Act.
(c) In addition to such penalties for non-payment as
may be stipulated in the directions issued by the
County Government for non-payment of charges for
waste management services, any waste management
charge payable under the Act shall be a debt due
and owing to collector and may be recovered as a
civil debt at the instance of the collector or any
person authorized by the collector to collect on its

behalf.

(d) Any power or function conferred on the County

14.

Government under this Act may be exercised or
performed by a third party pursuant to an agreement
between the County Government and the third party
and will be deemed to have been exercised or
performed under the authority of this Act.

Any person who refuses or fails to comply with any

provision of this Act or gives false information in relation
to any requirements of this Act shall be guilty of an
offence, and, in addition to any other penalty which may
lawfully be available, shall be liable on conviction to a fine
not exceeding Fifty Thousand Shillings or for a term not
exceeding 4 years imprisonment or to both such fine and
imprisonment.

15.

The Executive Committee member may make

Regulations generally for the better carrying out into effect
of the provisions of this Act.

No.5

Entorcement

Offences and
penalties

Regulations.