Baringo County Polythene Materials Control and Management Act, Kenya 2014.pdf

SPECIAL ISSUE

*T?,,ttffiHfirt,

Baringo County Gazette Supplement No.9 (Acts No.2)

REPUBLIC OF KENYA

BARINGO COUNTY GAZETTE
SUPPLEMENT

ACTS, 2014

NAIROBI, 22nd. September, 201.4

Act-
PAGE

The Baringo County Polythene Materials Control and Management Act,
2014........... ..............1

PRINTED AND PUBLISHED BY TIIE GOVERNMENT PRINTER, NAIROBI


I
i

THE BARINGO COUNTY POLYTHENE
MATERIALS CONTROL AND MANAGEMENT

ACT,2014

Date of Assent: lTth July,2014
Date of Commencement: 22nd September,2014

AN ACT to provide for the control, management
and regulation of the manufacture,
importation, sale, use and disposal of plastic
and polythene materials and products in
Baringo County and for maffers related and
incidental thereto.

ENACTED by the Baringo County Assembly as
follows-

1. (1) This Act may be cited as the County Polythene shorttitte.
Materials Control and Management Act,2014.

(2) The Act shall come into force upon publication
and in accordance with the provisions of Section 25 of The
County Governments Act.

2. In this Act, unless the context otherwise requires -

"Agent" means officer of or other person duly
authorised by the County;

"CountS/" means Baringo County;

"Gazette" means the Official gazette of the County;

"Import" means bringing or causing to be brought
into the County from without the geographical limits of the
County any plastic or polythene material;

"Manufacture" means the process of industrial
transformation of the raw materials used to make plastics
and polythene materials into such materials and includes
the intermediate processes involving the production of the
materials in their finished or semi-finished states.

"Plastics" synthetic material made through a chemical
transformation

"Polythene" means a synthetic low density chemical
industrial product.

3. The objectives of this Act are to:-
(a) Establish a framework within which the

County Government of Baringo shall conserve

Interpretation

Object and
Purpose ofthe
Act.


2

No.2 Baringo Polythene Materials Control and Management

and protect the environment and natural
resources of the County and ensure their
sustainable use and management for the
present and future generations of the people of
Baringo Counfy;

(b) Protect the environment, natural resources,
biological diversity and ecological
sustainability of Baringo County from
processes, Activities and nuisance that pollute,
harm and endanger them through the use and
disposal of plastic and polythene material;

(c) Provide a system for the management and
disposal of plastic and polythene waste;

(d) Encourage recycling and re-use of plastic and
polythene packaging materials so as to control
and reduce the polythene nuisance and
pollution in the County;

(e) Promote, conserve and protect a clean and
healthy environment in Baringo County;

(0 Promote good land use and solid waste
management practices for the sustainable
development of the County;

(g) Protect genetic, soil and water resources,
biodiversity and infrastructure including
livestock, drainage and sewerage systems,
rivers, lakes and other water bodies in County;

(h) Promote the use of biodegradable and
environmentally friendly materials for
packaging in Baringo County order to preserve
the soils for increased and sustainable
productivity;

Establish a framework for, encourage and
promote public participation in the protection,
conservation and management of the
environment in the County; and

Establish systems of environmental impact
assessment, environmental monitoring and
audit and brand Baringo County as a green and
clean county.

2014

1
i

(i)

0)


2014
3

Baringo Polythene Materials Control and Management No.2

4. This Act shall have general application within
Baringo County of the Republic of Kenya.

5. (a) A clean and healthy environment is a right of Administration
every resident of Baringo County.

(b) The County Government has the duty and
responsibility to protect and conserve the
environment and natural resources of the
County for the benefit of the people.

6. (1) The County Government shall establish, in
consultation with the National Government, a list of and
specifu plastic and polythene packaging materials that
may be used within the County.

(2) The list of plastic and polythene materials
established and specified under Subsection (a) may be
updated from time to time by the County Government it
may deem fit.

(3) The list established and the plastics and polythene
materials specified therein shall be published annually in
the County Gazette and such publication shall be deemed
to constitute sufficient notice of the list.

(4) Plastic and or polythene
contained in the schedule to this Act
in the list to be established under this

packaging material
may not be included
Section.

7. No person may manufacture, import into, sell or
use, within Baringo County, any plastic or polythene
packaging material not specified in the list referred to in
Section 6 of this Act.

8. (1) Every person wishing to manufacture,
import, sell or use, in Baringo County, any plastic or
polythene packaging material shall first establish and put
in place a plastics and polythene waste disposal
management system as may be approved by the County
Environmental Chief Officer.

(2) The plastic and polythene waste management
system established under sub-section (1) shall ensure that
the waste is not hazardous and will not constitute a danger
and or nuisance to the environment, human or animal life
in the County.


4

No.2 Baringo Polythene Materials Control and Management

9. (1) Any person wishing to manufacture, import,
sell or use any polythene material specified in the list
under Section 8 of this Act shall apply in writing to the
County Chief Environment Officer for authority to
manufacture, import into, sell or use such material within
Baringo County.

(2) The County Chief Environment Officer shall
make and keep a register of all applications made pursuant
to and in accordance with this section and indicate
whether or not an application was authorised.

(3) A person manufacturing, importing, selling or
using plastic and or polythene materials contained in the
schedule to this Act shall not be required to apply for
authority from the County Environmental Chief Officer

(a) An application under sub-section (l) shall state
(a) The name and registered physical address of

the applicant;

(b) The quantities of the plastic and or polythene
sought to be manufactured, imported, sold or
used;

(c) The location or locations where the plastic
and or polythene materials are to be
manufacfured, sold or used;

(d) Whether or not the manufacturer, importer,
seller or user has an approved plastic and
polythene material waste disposal system;

(e) Arrangements made for the management,
collection and disposal of the plastic and or
polythene materials waste; and

(0 The arrangements in place for the ultimate
disposal of the waste of the plastic and or
polythene material and the location of such
disposal site;

(5) If the County Chief Environment Officer is
satisfied that the manufacturer, importer, seller or user has
a sound polythene material waste management system, the
Officer may grant the required upon such terms and
conditions as may be necessary.

2014

i

i

l

;

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2014
5

Baringo Polythene Materials Control and Management No.2

10. (1) Any person who contravenes this section
commits an offence and is liable to a fine not exceeding
Kenya Shillings five hundred Thousand (KSh. 500,000) or
to a term of imprisonment not exceeding two years or both
such fine and term of imprisonment.

(2) Upon conviction for an offence under this
Section, the polythene materials shall be liable to
forfeiture and destruction.

11. The County Government and every person in Participationof
Baringo County shall ensure that the environment and the

people'

natural resources of in Baringo County are ecologically
and sustainably developed, used and managed for the
benefit of the people of Baringo County.

lZ.Every person in Baringo County has a duty to
cooperate with the County Government, its agencies and
other persons to protect and conserve the environment and
the natural resources in the County.

13. (l) The County Government of Baringo shall
construct and establish in every sub-location and public
institution in the County, a waste disposal and dumping
site at which there shall be a designated section for
plastics and polythene materials

(2) (a) Every private business undertaking,
educational, health institution or religious
organisation in its place of worship, shall
establish and operate a waste disposal
system that shall have a distinct plastic and
polythene materials waste sections into
which shall be collected plastic and or
polythene material waste from business,
institution or place of worship.

(b) It shall be the responsibility of the business
undertaking, educational, health institution
or religious organisation to ensure that the
waste collected is regularly deposited in the
County dump site as may be prescribed.

(3) (a) Every public transport operator carrying
passengers shall have in the vehicle or
vessel, a container in which shall be
deposited all and any waste and litter


No.2
6

Baringo Polythene Materials Control and Management

including plastic and polythene materials
waste created in the vehicle and or vessel.

(b) It shall be the duty of the operator to carryr
and deposit such waste or litter in the nearest
County waste dump.

(4) Every household in the County shall maintain a
plastic and polythene litter or waste bin into which it shall
collect and from which it shall dump all plastic and
polythene materials waste into the appropriate sub-
location County waste dump.

(5) No person may litter or otherwise dispose of any
plastic or polythene material other than in accordance with
the provisions of this Act.

(6) The County Village Administrator shall oversee
and ensure full compliance with the provisions of this
section by all parties concerned.

14. Any person who contravenes the provisions of
Section 14 commits an offence and is liable, on first
conviction, to a fine of Kenya Shillings Twenty Thousand
(Kshs.20,000) and, for any subsequent conviction, to fine
not exceeding Kenya Shillings Five Hundred Thousand
(Kshs. 500,000) or to imprisonment for term not
exceeding two years or both such fine and imprisonment.

15. (l) The County Environment Chief Officer may Miscellaneous.
appoint an officer or any person or persons for the purpose
of enforcing the provisions of this Act and

(2) Any person who obstructs, impedes or in any
other way interferes with such officer or person appointed
by the County Environment Chief Officer commits an
offence and shall be liable on conviction to a fine not
exceeding Kenya Shillings Five Hundred Thousand
(Kshs.500000) or to imprisonment to a term not exceeding
two years or both such fine and term of imprisonment.

16. Where an offence under this Act is committed by a
body corporate, if it is proved that the offence was
committed with the knowledge, consent connivance or
negligence attributable to any Act or default on the part of
a director, manager or such other officer of the
corporation, or person Acting or purporting to Act in such
capacity, then, such director, manager or officer shall
likewise be liable in addition to the principal offender and
the corporation.

2014


NATION,

L Coun
C
LAW REPORT).
SPECIAL ISSUE LIBRARY ~

Baringo County Gazette Supplement No. 9 (Acts No. 2)


REPUBLIC OF KENYA

BARINGO COUNTY GAZETTE
SUPPLEMENT

ACTS, 2014


CONTENT

Act—
PAGE

The Baringo County Polythene Materials Control and Management Act,


‘PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI


THE BARINGO COUNTY POLYTHENE
MATERIALS CONTROL AND MANAGEMENT
ACT, 2014

Date of Assent: 17th July, 2014

Date of Commencement: 22nd September, 2014

AN ACT to provide for the control, management
and regulation of the manufacture,
importation, sale, use and disposal of plastic
and polythene materials and products in
Baringo County and for matters related and
incidental thereto.

ENACTED by the Baringo County Assembly as
follows—

1. (1) This Act may be cited as the County Polythene
Materials Control and Management Act, 2014.

(2) The Act shall come into force upon publication
and in accordance with the provisions of Section 25 of The
County Governments Act.

2. In this Act, unless the context otherwise requires -

“Agent” means officer of or other person duly
authorised by the County;

“County” means Baringo County;
“Gazette” means the Official gazette of the County;

“Import” means bringing or causing to be brought
into the County from without the geographical limits of the
County any plastic or polythene material;

“Manufacture” means the process of industrial
transformation of the raw materials used to make plastics
and polythene materials into such materials and includes
the intermediate processes involving the production of the
materials in their finished or semi-finished states.

“Plastics” synthetic material made through a chemical
transformation

“Polythene” means a synthetic low density chemical
industrial product.

3. The objectives of this Act are to:—

(a) Establish a framework within which the
County Government of Baringo shall conserve

Short title.

Interpretation

Object and
Purpose of the
Act.


No. 2

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

G)

2

Baringo Polythene Materials Control and Management

and protect the environment and _ natural
resources of the County and ensure their
sustainable use and management for the
present and future generations of the people of
Baringo County;

Protect the environment, natural resources,
biological diversity and ecological
sustainability of Baringo County from
processes, Activities and nuisance that pollute,
harm and endanger them through the use and
disposal of plastic and polythene material;

Provide a system for the management and
disposal of plastic and polythene waste;

Encourage recycling and re-use of plastic and
polythene packaging materials so as to control
and reduce the polythene nuisance and
pollution in the County;

Promote, conserve and protect a clean and
healthy environment in Baringo County;

Promote good land use and solid waste
management practices for the sustainable
development of the County;

Protect genetic, soil and water resources,
biodiversity and _ infrastructure including
livestock, drainage and sewerage systems,
rivers, lakes and other water bodies in County;

Promote the use of biodegradable and
environmentally friendly materials for
packaging in Baringo County order to preserve
the soils for increased and __ sustainable
productivity;

Establish a framework for, encourage and
promote public participation in the protection,
conservation and management of the
environment in the County; and

Establish systems of environmental impact
assessment, environmental monitoring and
audit and brand Baringo County as a green and
clean county.

2014


3
2014 Baringo Polythene Materials Control and Management No.2

4. This Act shall have general application within
Baringo County of the Republic of Kenya.

5. (a) A clean and healthy environment is a right of Administration.
every resident of Baringo County.

(b) The County Government has the duty and
responsibility to protect and conserve the
environment and natural resources of the
County for the benefit of the people.

6. (1) The County Government shall establish, in
consultation with the National Government, a list of and
specify plastic and polythene packaging materials that
may be used within the County.

(2) The list of plastic and polythene materials
established and specified under Subsection (a) may be
updated from time to time by the County Government it
may deem fit.

(3) The list established and the plastics and polythene
materials specified therein shall be published annually in
the County Gazette and such publication shall be deemed
to constitute sufficient notice of the list.

(4) Plastic and or polythene packaging material
contained in the schedule to this Act may not be included
in the list to be established under this Section.

7. No person may manufacture, import into, sell or
use, within Baringo County, any plastic or polythene
packaging material not specified in the list referred to in
Section 6 of this Act.

8. (1) Every person wishing to manufacture,
import, sell or use, in Baringo County, any plastic or
polythene packaging material shall first establish and put
in place a plastics and polythene waste disposal
management system as may be approved by the County
Environmental Chief Officer.

(2) The plastic and polythene waste management
system established under sub-section (1) shall ensure that
the waste is not hazardous and will not constitute a danger
and or nuisance to the environment, human or animal life
in the County.


4

No. 2 Baringo Polythene Materials Control and Management

9.(1) Any person wishing to manufacture, import,
sell or use any polythene material specified in the list
under Section 8 of this Act shall apply in writing to the
County Chief Environment Officer for authority to
manufacture, import into, sell or use such material within
Baringo County.

(2) The County Chief Environment Officer shall
make and keep a register of all applications made pursuant
to and in accordance with this section and indicate
whether or not an application was authorised.

(3) A person manufacturing, importing, selling or
using plastic and or polythene materials contained in the
schedule to this Act shall not be required to apply for
authority from the County Environmental Chief Officer

(4) An application under sub-section (1) shall state

(a) The name and registered physical address of
the applicant;

(b) The quantities of the plastic and or polythene
sought to be manufactured, imported, sold or
used;

(c) The location or locations where the plastic
and or polythene materials are to be
manufactured, sold or used;

(d) Whether or not the manufacturer, importer,
seller or user has an approved plastic and
polythene material waste disposal system;

(e) Arrangements made for the management,
collection and disposal of the plastic and or
polythene materials waste; and

(f) The arrangements in place for the ultimate
disposal of the waste of the plastic and or
polythene material and the location of such
disposal site;

(5) If the County Chief Environment Officer is
satisfied that the manufacturer, importer, seller or user has
a sound polythene material waste management system, the
Officer may grant the required upon such terms and
conditions as may be necessary.


5
2014 Baringo Polythene Materials Control and Management

10.(1) Any person who contravenes this section
commits an offence and is liable to a fine not exceeding
Kenya Shillings five hundred Thousand (KSh. 500,000) or
to a term of imprisonment not exceeding two years or both
such fine and term of imprisonment.

(2) Upon conviction for an offence under this
Section, the polythene materials shall be liable to
forfeiture and destruction.

No. 2

11. The County Government and every person in Patticipation of

. ‘ he people.
Baringo County shall ensure that the environment and ee

natural resources of in Baringo County are ecologically
and sustainably developed, used and managed for the
benefit of the people of Baringo County.

12. Every person in Baringo County has a duty to
cooperate with the County Government, its agencies and
other persons to protect and conserve the environment and
the natural resources in the County.

13.(1) The County Government of Baringo shall
construct and establish in every sub-location and public
institution in the County, a waste disposal and dumping
site at which there shall be a designated section for
plastics and polythene materials

(2) (a) Every private business undertaking,
educational, health institution or religious
organisation in its place of worship, shall
establish and operate a waste disposal
system that shall have a distinct plastic and
polythene materials waste sections into
which shall be collected plastic and or
polythene material waste from business,
institution or place of worship.

(b) It shall be the responsibility of the business
undertaking, educational, health institution
or religious organisation to ensure that the
waste collected is regularly deposited in the
County dump site as may be prescribed.

(3) (a) Every public transport operator carrying
passengers shall have in the vehicle or
vessel, a container in which shall be
deposited all and any waste and litter


No. 2 Baringo Polythene Materials Control and Management

including plastic and polythene materials
waste created in the vehicle and or vessel.

(b) It shall be the duty of the operator to carry
and deposit such waste or litter in the nearest
County waste dump.

(4) Every household in the County shall maintain a
plastic and polythene litter or waste bin into which it shall
collect and from which it shall dump all plastic and
polythene materials waste into the appropriate sub-
location County waste dump.

(5) No person may litter or otherwise dispose of any
plastic or polythene material other than in accordance with
the provisions of this Act.

(6) The County Village Administrator shall oversee
and ensure full compliance with the provisions of this
section by all parties concerned.

14. Any person who contravenes the provisions of
Section 14 commits an offence and is liable, on first
conviction, to a fine of Kenya Shillings Twenty Thousand
(Kshs.20,000) and, for any subsequent conviction, to fine
not exceeding Kenya Shillings Five Hundred Thousand
(Kshs. 500,000) or to imprisonment for term not
exceeding two years or both such fine and imprisonment.

15. (1) The County Environment Chief Officer may
appoint an officer or any person or persons for the purpose
of enforcing the provisions of this Act and

(2) Any person who obstructs, impedes or in any
other way interferes with such officer or person appointed
by the County Environment Chief Officer commits an
offence and shall be liable on conviction to a fine not
exceeding Kenya Shillings Five Hundred Thousand
(Kshs.500000) or to imprisonment to a term not exceeding
two years or both such fine and term of imprisonment.

16. Where an offence under this Act is committed by a
body corporate, if it is proved that the offence was
committed with the knowledge, consent connivance or
negligence attributable to any Act or default on the part of
a director, manager or such other officer of the
corporation, or person Acting or purporting to Act in such
capacity, then, such director, manager or officer shall
likewise be liable in addition to the principal offender and
the corporation.

Miscellaneous.

2014

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