The Sustainable Waste Management Act No 31of 2022 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING LIBRARY SPECIAL ISSUE Kenya Gazette Supplement No.

121 (Acts No.

31) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 12th July, 2022 CONTENT A ct Page 635 The Sustainable Waste Management Act, 2022 liiATlOfiiAL i23 AUG 2022 RO.

LiOX t.44ci- C:::i C0.

NAIROBI, KEN/A TEL: 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 635 THE SUSTAINABLE WASTE MANAGEMENT ACT, 2022 No.

31 of 2022 Date of Assent: 6th July, 2022 Date of Commencement: 26th July, 2022 ARRANGEMENT OF SECTIONS Section PART I - PREL IM INARY 1 Short title.

2Interpretation.

3Objeets of the Act.

AGeneral Principles.

PART IIPOLICY, CO-ORDINATION AND OVERSIGHT OF W ASTE M ANAGEM ENT 5^Role of the Cabinet Secretary.

6^Waste Management Council.

7^Functions of the Council.

8^Functions of the Authority.

9Functions of county governments.

PART HIMEASURES AND ACTIONS 10Policies, regulations and standards by the Cabinet Secretary.

11 Policies, regulations and standards by county governments.

12^Waste classification and segregation.

13^Extended producer responsibility.

14^Materials recovery facilities.

PART IV WA STE MA NA GEM ENT FUNCTIONS 15^Functions of the Cabinet Secretary.

16^Functions of accounting officers of public entities.

17^Functions of county governments.

18^Waste Management plans.

19Duties of private sector entities 636 2022 Sustainable Waste Management No.

31 20Duty to segregate and dispose waste.

21Duties of waste service providers.

PART V PUBLIC PARTICIPATION AND ACCESS TOIN FORM AT ION 22Access to information.

23Public Participation.

PART VI FINANCIAL PROVISIONS 24Fees to be allocated to county waste management f acilities.

25Incentives for waste management.

PART VII M ONITORING AND COM PLIANCE 26Monitoring and evaluation by the Authority.

27Compliance and enforcement.

28Role of the National Environment Complaints Committee.

29Partnership programmes.

PART VIII GENERAL PROVISIONS 30 Restoration.

31Dispute Resolution.

32General penalty.

PART IX PROVISIONS ON DEL EGATED POWERS 33^Regulations.

PART XM ISCELLANEOUS PROVISIONS 34Integrating waste management into school curricula.

35Transitional provisions.

FIRST SCHEDULECONDUCT OF BUSINESS A ND AFFAIRS OF THE COUNCIL SECOND SCH EDULEPROVISIONS ON PUBLIC PARTICIPATION 637 2022 Sustainable Waste Management No.

31 THE SUSTAINABLE WASTE MANAGEMENT ACT, 2022 AN ACT of Parliament to establish the legal and institutional fr amework f or t he sustainable management of waste; ensure the realisation of the constitutional provision on the right to a clean and healthy environment and for connected purposes ENACTED by the Parliament of Kenya as follows PART I PRELIM INARY Short title.

1.

This Act may be cited as the Sustainable Waste Management Act, 2022.

Interpretation.

2.

In this Act, unless the context otherwise requires means the N ational E nvironment no.

8of i999.

Authority' of Management Authority established under section 7 (1) the Environmental Management and Co-ordination Act, 1999; Cabinet Secretary means the Cabinet Secretary responsible for matters relating to waste management; National Environment Complaints Committee means the National Environment Complaints Committee established under section 31 (1) of the Environmental Management and Co-ordination Act, 1999; Council means the Waste Management Council established under section 6 (2); domestic waste means waste, other than hazardous waste, generated from a domestic residence; w aste e-waste also referred to as waste electrical and electronic equipment means waste resulting from electrical and electronic equipment including components and sub- assemblies thereof; m ean san extended producer responsibility environmental management approach in which a producers responsibility for a product is extended to the post consumer stage of a product life cycle; No.

8 of 1999.

hazardous waste has the meaning assigned to it under the Environmental Management and Co-ordination Act, 1999; 638 2022 Sustainable Waste Management No.

31 I ndustri al w aste means waste ari sing f rom in th e processing or manufacturi ng or any trade undertaking form of liquid, non-liquid, solid or gaseous substances; materi als recovery facility means a specialised facility that receives, separates and prepares recyclable materi al for marketing to end user manufacturers; National Environment Tri bunal means the National (1) of Environment Tri bunal established under section 125 the Environmental Management and Co-ordination Act, 1999; non organic waste means dry recyclable and non- recyclable materi als; organic waste means compostable materi als deri ved from plants and animals; payment for environmental services and payment l and for ecosystem services mean payments to farmers or users to encourage the conservation of natural resources; pollution has the meaning assigned to it under section 2 of the Environmental Management and Co ordination Act, 1999; means a person, firm or pri vate sector entity including corporate entity with functions of a pri vate nature No.

18 of 20 13.

entities registered under the Public Benefits Organisations Act, 2013; producer means an entity that introduces goods, products and packaging into the country using authori sed means by manufacturi ng, importing, converting, filling, refilling, repackaging or rebranding; public entity means (a) the government including the national and county governments, or any State organ, department, agency, service or undertaking of a national or county government; (b) Parliament or a county assembly; (c) any corporation, council, board, committee or other body which has power to act under or for the purposes of any wri tten law relating to undertakings of public utility or otherwise to 1 639, 2022 Sustainable Waste Management No.

31 administer funds belonging to or granted by the government or monies raised by rates, taxes or charges in accordance with such law; or (d) a public body established under any written law; recovery means the controlled extraction of a material or retrieval of energy from waste for the production of another product; recycle means the process by which materials are reclaimed from waste for further use as product, raw materials or input in the production process; re-use means the action or practice of using to f ulfi l something again whether for its original purpose or a different function; sustainable waste management means using material resources efficiently as prioritized by waste hierarchy, circular economy and clean production in order to reduce the amount of waste that is generated, deposited or of discarded in the environment including the management materials that would otherwise have been dumped or social wasted in a way that contributes to environmental, and economic goals of sustainable development; take-back scheme means a scheme f or the collection, transportation and return of products or packaging from end users and consumers; toxic substance means any substance which, on or entry into an organism through ingestion, inhalation or dermal contact, is injurious, causes physiological biochemical disturbance, or otherwise causes deterioration of the functions of the organism in any way; w aste means (a) any substance, material or Object that is intended or required to be discarded or disposed of by its or holder, whether or not it can be reused, recycled recovered and include municipal waste, domestic waste, waste from agriculture, construction waste, commercial waste, waste from hoftieultUfe, aquaculture and forestry, medical waste, chemical waste, hazardous waste, toxic waste, industrial waste, pesticides, e-waste and toxic substances but does not include radioactive waste; 640 2022 Sustainable Waste Management No.

31 (b) a substance, materi al or obj ect that may be designated as waste by the Cabinet Secretary in consultation with the Authori ty by notice in the Gazette in Provided that waste or a portion of waste specified paragraphs (a) and (b) shall cease to be waste 0) once an application for reuse, recycling or recovery has been approved by the Authori ty or, after such approval, it has been reused, recycled or recovered; (ii) where approval f or reuse, recycling or recovery is not required, it has been reused, recycled or recovered; or (iii) where the Cabinet Secretary in consultation with the Authori ty has, by notice in the Gazette and in the prescri bed manner, excluded any waste stream or portion of any waste stream from the definition of waste; waste hierarchy means the order of pri ori ty for efficient use of resources and minimisation of pollution by avoidance, reduction, reuse, repair, refurbishment, recycling, recovery and finally treatment for safe disposal; waste management facility means a site or premises of licensed in accordance with this Act for the purposes receiving, accumulation, depositing, recovery, recycling, w aste treatment, storage and disposal of waste and includes materi als processing areas, transfer stations, reusing areas, recovery facilities, recycling plants, food waste treatment w aste- facilities, composting plants, waste disposal areas, to-energy facilities and sanitary landfills; nmeans any waste management activity administrative or operation activity for the- (a) importation or exportation of waste as prescri bed by regulations; (b) segregation of waste including any activity or process that is likely to result in generation of waste; (c) accumulation and storage of waste; 64 1 2022 Sustainable Waste Management No.

31 (d) collection and handling of waste; (e) reduction, reusing, recycling and recovery of waste; (f) trading in waste; (g) transportation of waste (h) transfer of waste; (i) treatment of waste; and (j) disposal of waste; waste minimisation programme or waste reduction programme means a programme that is intended to promote reduction in generation and disposal of waste; waste service providers i ncludes collectors, transporters, waste processors, material recovery operators, recyclers and landfill operators; and w aste v al ori sation' means any activity aimed at converting waste, including materials, chemicals and sources of energy, into useful products by reusing, recycling or composting the waste.

Objects of the 3.

The objects of this Act shall be to Act (a) promote sustainable waste management; (b) improve the health of all Kenyans by ensuring a clean and healthy environment; (c) reduce air, land, fresh water and marine pollution; (d) promote and ensure the effective delivery of waste services; (e) create an enabling environment for employment in the green economy in waste management, recycling and recovery; (f) establish an environmentally sound infrastructure and system for sustainable waste management; (g) promote circular economy practices for green growth; (h) mainstream resource efficiency principles in sustainable consumption and production practices; and 642 2022 Sustainable Waste Management No.

31 (i) inculcate responsible public behaviour on waste and environment.

General 4.

The general principles of this Act are principles.

(a) promoting the right to a clean and healthy environment; (b) the precautionary principle where the lack of scientific certainty shall not be used to postpone measures to prevent environmental degradation where there are threats of damage to the environment; (c) the polluter pays principle in which the cost of cleaning up any element of the environment that has been damaged by pollution, the cost of the beneficial uses of the environment that have been lost as a result of the pollution, and any other costs associated with or incidental to the pollution shall be paid by the polluter; (d) payment for ecosystem services or payment for ecological services in which payments are made to farmers or landowners who have agreed to take certain actions to manage land or watersheds in order to provide ecological services as an incentive to conserve natural resources; (e) zero waste principle in which products and processes are designed and managed to reduce the volume and toxicity of waste and materials, and to conserve and recover all resources, and to prevent the burning or burying of resources, in order to treat w aste as a resource that can be harnessed for wealth creation, employment and the reduction of pollution; and (f) achieving sustainable waste management goals.

PART n - POLICY, CO-ORDINATION AND OVERSIGHT OF WASTE MANAGEMENT Role of the 5.

The Cabinet Secretary shall be responsible for Cabinet Secretary.

(a) policy on sustainable waste management in consultation with county governments; (b) the development of regulations in consultation with the Authority and county governments; 643 2022 Sustainable Waste Management No.

31 (c) co-ordinating adherence to i nternational obligations with regards to waste management, nationally determined contribution of waste and chemicals conventions; and (d) oversight and co-ordination of the administration of this A ct.

Waste 6.

(1) There shall be a council to be known as the Management Waste Management Council which shall be established by Council.

in to the Cabinet Secretary within one year of the coming operation of this Act.

(2) The Council shall comprise of (a) a chairperson appointed by the President; (b) one person nominated by the Council of County Governors who shall be the vice-chairperson; time (c) the Principal Secretary in the Ministry for the being responsible for matters relating to waste management or a designated representative; time (d) the Principal Secretary in the Ministry for the being responsible for National Treasury or a designated representative; (e) the Director-General of the Authority; (f) four other persons appointed by the Cabinet Secretary being (i) one person nominated by the registered association representing the largest number of entities in the private sector; (ii) one person nominated by the registered association representing the largest number of entities in the manufacturing sector; and (g) two persons with professional qualifications in waste management, one of whom shall represent civil society organizations.

(3) The Council may co-opt not more than three members at any given time with relevant expertise when needed, who shall advise the Council on specific matters relating to sustainable waste management.

644 2022 Sustainable Waste Management No.

31 (4) Except for members appointed under subsection (2) (c), (d) and (e), a person shall be qualified for if appointment as chairperson or member of the Council such person (a) is a citizen of Kenya; (b) holds relevant academic and professional qualifications including a university degree in waste management, environmental engineering; environmental management, environmental studies, biology, chemistry or civil engineering; (c) has at least ten years' experience in the relevant field; and (d) fulfils the requirements of Chapter 6 of the Constitution.

(5) In making appointments of the members to the Council, the Cabinet Secretary shall observe regional balance, gender, age, disability and ethnic balance.

as (6) A person shall not be qualified for appointment chairperson or member of the Council if such person (a) is a member of Parliament or a county assembly; (b) is a member of a local authority; (c) is an undischarged bankrupt; or (d) has been removed from office for contravening the provisions of the Constitution or any other written l aw.

(7) The office of the chairperson or a member of the Council shall become vacant if the holder (a) dies; (b) resigns from office in writing addressed to the Cabinet Secretary; (c) is absent from three consecutive meetings of the Council without good cause; or (d) is removed from office under subsection (8).

(8) A person may be removed as a chairperson or member of the Council if that person 645 2022 Sustainable Waste Management No.

31 or (a) is absent without permission of the Chairperson the Cabinet Secretary in the case of the Chairperson, from three consecutive meetings of the Council; (b) contravenes the provisions Chapter Six of the Constitution; (c) is incapacitated by prolonged physical or mental illness and is unable to discharge the duties of his or her office; (d) is convicted of an offence and imprisoned for a term of more than six months; (e) fails to comply with the provisions of the Act relating to disclosure of interest; or (f) is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors.

(9) The Chairperson and the members of the Council aterm appointed under subsection 2(f) shall hold office for f or of three years and shall be eligible for re-appointment one further term of three years.

in (10) The conduct of business of the Council shall be accordance with the First Schedule.

(11) The Cabinet Secretary shall establish a waste management secretariat for the waste management council.

Functions of the 7.

(1) The Council shall Council.

(a) enhance inclusive inter-governmental coordination for sustainable waste management; (b) review progress in implementation of the national sustainable waste management strategy; (c) recommend to the Cabinet Secretary the national waste management recycling and recovery targets; (d) synchronise the development of waste management infrastructure; (e) mobilise resources for financing of the waste management sector; (f) promote inter county waste management partnerships in consultation with county governments; 646 2022 Sustainable Waste Management No.

31 (g) recommend to the Cabinet Secretary incentives to promote sustainable waste management; and (h) perform such other functions as may be assigned by the Cabinet Secretary.

the (2) The Cabinet Secretary shall, within one year of f or the coming into operation of this Act, make regulations operationalisation of the Council.

Functions of the 8.

(1) The Authority shall Authority.

(a) develop standards and guidelines on sustainable waste management; the (b) generate and disseminate waste information for public in consultation with county governments; (c) enforce waste management l egislation in consultation with county governments; (d) save for where county governments have j urisdiction, issue licenses for waste management activities; (e) conduct research, awareness creation and training on sustainable waste management; and (f) establish a national waste information system for recording, collecting, management and analysis of data and information including (i) data on the quantity and type or classification of waste generated, stored, transported, treated, transformed, reduced, reused, recycled, recovered or disposed of; (ii) a register of licensed waste management, recycling and other related activities; (iii) the status of the generation, collection, reduction, reuse, recycling, recovery, transportation, treatment and disposal of waste; (iv) the impact of waste on health and the environment; (v) the levels and extent of waste management services provided by counties; (vi) information on compliance with this Act; and 647 2022 Sustainable Waste Management No.

31 (vii) any other information that is necessary for the purposes of the effective administration of this A ct.

and (2) The Authority shall provide analytical reports and support on waste management to ministries, agencies counties and serve as the national knowledge and information management centre for disseminating information on sustainable waste management.

Functions of 9.

(1) County governments shall be responsible for county implementing the devolved function of waste management govern ments.

f or and establishing the financial and operational conditions the effective performance of this function.

(2) County governments shall ensure that county this waste management legislation is in conformity with Act within a period of one year of the coming into operation of this Act.

(3) County governments shall ensure that the disposal the of waste generated within the county is done within countys boundaries except where there is an agreed of fr amework for inter-county transportation and disposal w aste.

(4) County governments shall provide central collection centres for materials that can be recycled.

(5) County governments shall establish waste management infrastructure to promote source segregation, collection, reuse, and set up for materials recovery.

(6) County governments shall maintain data on waste the management activities and share the information with Authority.

(7) County governments shall mainstream waste management into county planning and budgeting.

(8) County govermnents shall develop, manage and maintain designated disposal sites and landfills.

all (9) County governments shall maintain a register of waste service providers operating within their boundaries.

PART m - MEASURES AND ACTIONS Policies, 10.(1) The Cabinet Secretary shall, within two years regulations and of the coming into operation of this Act and in consultation standards by the Cabinet Secretary.

648 2022 Sustainable Waste Management No.

31 with the Authority and county govern ments, make policies A ct.

and regulations for the proper administration of this (2) Notwithstanding the generality of subsection (1), the Cabinet Secretary shall, in consultation with the Authority and county governments, make regulations prescribing (a) the closure of open dumpsites; (b) procedures for sustainable waste management; (c) the expansion of the market for recycled products and incentives to expand the market for pre consumer and post-consumer recycled products through i ncentives, government procurement preferences and other policies; and (d) the promotion of health, safety and environmental standards including (i) l abour and health standards f or waste handlers; (ii) quality and certification standards for organic waste; (iii) operational standards for dumpsites; (iv) the classification of engineered sanitary l andfills; (v) the formation of waste collection, materials recovery and recycling savings and credit co operative organisations; (vi) the facilitation of waste-to-energy and waste- to-manure projects; and (vii) the facilitation of the collection of different types of wastes including medical waste, chemical waste and construction w aste.

11.(1) County governments shall, in consultation with other relevant national government agencies, the public and stakeholders, develop county legislation within two years county of the coming into operation of this Act.

governments.

(2) Notwithstanding the generality of subsection (1), county governments may make regulations prescribing county (a) the use of land within the jurisdiction of the government for waste management; and 649 No.

31 2022 Sustainable Waste Management (b) investment in sustainable waste management including waste collection, separation, treatment, processing, recovery and sanitary final disposal of w aste.

Waste 12.(1) All public and private sector entities shall classification and segregation.

segregate non-hazardous waste into organic and non- organic fr actions.

(2) The segregated waste shall be placed in properly and labeled and colour coded receptacles, bins, containers bags.

(3) All waste service providers shall collect, handle this and transport segregated waste as provided for under Act.

No.

8 of 1999.

(4) Hazardous waste will be handled and managed as prescribed by the Environmental Management and Co l aw.

ordination Act, 1999 and any other relevant written (5) A waste service provider who contravenes the on provisions of this section commits an offence and shall, thousand conviction, be liable to a fine not exceeding fifty si x shillings or imprisonment for a term not exceeding months or both.

(6) The Cabinet Secretary shall, in consultation with the Authority and county governments.

Gazette the National Color Coding System for waste management.

Extended 13.

(1) Every producer shall bear extended producer 11 j producer responsibiuty.

responsibility obligations to reduce pollution and in to environmental impacts of the products they introduce the Kenyan market and waste arising therefrom.

(2) Every producer shall fulfill their extended producer responsibility obligations individually or collectively in a compliance scheme.

(3) The Cabinet Secretary shall, within two years of on the coming into operation of this Act make regulations \ extended producer responsibility.

Materi als 14.(1) Each county government shall establish a recovery facilities.

materials recovery facility.

fi nal (2) A materials recovery facility shall be used for sorting, segregation, composting and recycling of waste the generated or transported to the county and transport 650 No.

31 2022 Sustainable Waste Management residual waste to a long-term storage or disposal facility orl andfill.

(3) A materials recovery facility shall be licensed by the Authority.

(4) The Cabinet Secretary shall, in consultation with the Authority and county governments, make regulations for the establishment and proper management of materials recovery facilities.

PART IV- WASTE MANAGEMENT FUNCTIONS Functions of the 15.

(1) The Cabinet Secretary shall prescribe measures Cabinet Secretaiy.

sound for the reduction of waste, and the environmentally reuse, recycling and recovery of waste.

(2) Notwithstanding the generahty of subsection (1), the Cabinet Secretary shall (a) develop regulations on waste management; (b) in consultation with county governments, publish model county waste management laws and regulations; and (c) develop a National Waste Management Strategy.

(3) The Cabinet Secretary shall develop a national waste management strategy and action plan within two be years of the coming into force of this Act, which shall reviewed every five years.

Functions of 16.

(1) The accounting officer of a public entity shall accounting in be responsible for the management of waste generated officers of public entities.

the entity in accordance with this Act.

(2) Notwithstanding the generality of subsection (1), that an accounting officer of a public entity shall ensure (a) any person who is in charge of or controls a facility or premises which is under the jurisdiction of the accounting officer and which generates waste shall minimise the waste generated by adopting the following cleaner production principles including (i) improvement of production processes through conservation of raw materials and energy; (ii) eliminating the use of toxic raw materials; 651 No.

31 Sustainable Waste Management 2022 (iii) reducing toxic emissions and waste; (iv) monitoring the product cycle by (A) identifying and eliminating potential negative impacts of the product; (B) enabling the recovery and reuse of the product; (C) reclamation and recycling; and (D) incorporating environmental concerns in the design process and disposal of a product; (b) any person whose activities generate waste shall collect, segregate and dispose of or cause to be disposed of the waste in accordance with this Act; (c) any person whose activities generate waste ensures that the waste is transferred to a person who is licensed to transport and dispose of the waste in accordance with this Act; (d) the entity cleans up and restores the site to its natural state or near its natural state; (e) the entity prepares a waste management plan and integrates the plan in its corporate strategy and plan; and (f) the entity has provided waste receptacles at its premises for organic, plastic and general dry waste and the waste generated is recycled through a licensed service provider.

a (3) Notwithstanding the provisions of this section, of hisor person in charge of an entity who, in the discharge her duties, is involved in waste generation or disposal and processes shall be responsible for his or her actions omissions.

(4) A person in charge of a public entity that section discharges waste contrary to the provisions of this toa commits an offence and shall, on conviction, be liable fine not exceeding one milUon shillings or a term of imprisonment not exceeding one year or both.

(5) An officer of an entity who discharges waste an contrary to the provisions of this section commits 652 No.

31 2022 Sustainable Waste Management offence and shall, on conviction, be liable to a fi ne not exceeding two hundred thousand shillings or imprisonment for a term not exceeding six months or both.

Functions of 17.

Each county government shall county govern ments.

(a) enact a county sustainable waste management legislation within two years of the coming into operation of this Act; (b) establish waste recovery and recycling facilities non - and sanitary landfills for the disposal of recoverable waste; (c) incentivise the collection and separation of waste at source in neighbourhoods and i nformal settlements; (d) ensure that cities plan for waste management facilities as part of city expansion; (e) prepare a county waste management plan and quarterly monitoring reports for cities, urban areas, municipalities and administrative units; and (f) submit annual reports to the Authority and county assembly on the implementation of the county waste management plan; and (g) maintain data on waste management service provision by waste management service providers and share the information at least once in each year through the national waste i nformation system developed under section 8 (1) (f).

Waste 18.

(1) Each county government shall prepare and management submit to the county assembly for approval an integrated plans.

county waste management plan once every five years.

(2) Each county government shall include the the approved integrated county waste management plan in integrated county development plan.

Duties of pri vate 19.

(1) A private sector entity shall prepare a three- sector entities.

year waste management plan and submit an annual monitoring report to the Authority which shall specify (a) the actual quantities of waste generated by the entity; 653 2022 Sustainable Waste Management No.

31 (b) the waste management methods applied by the entity; and (c) any other information that the Authority may require.

(2) Notwithstanding the generality of subsection (1), the Cabinet Secretary shall, within six months of the of coming into force of this Act, Gazette the category private sector entities that shall be required to prepare waste management plans which shall be based on the volume of production of waste.

the (3) A private sector entity that fails to comply with shall, provisions of subsection (1) commits an offence and two on conviction, be liable to a fine of not more than f or hundred thousand shillings and the person responsible fi ne the private sector entity shall, in addition to the aterm imposed on the entity, be liable to imprisonment for not exceeding three months.

(4) A private sector entity shall (a) adopt the following cleaner production principles including (i) i mprovement of production processes through conserving raw materials and energy; (ii) l imiting the use of toxic raw materials to safe laws within such time as may be prescribed by the Authority; (iii) reducing toxic emissions and wastes; and (iv) monitoring the product cycle from beginning to end by; (b) identify and eliminate potential negative impacts of the product; (c) enable the recovery and reuse of the product where possible; (d) reclaim and recycle; (e) incorporate environmental concerns in the design, process and disposal of the product; (f) collect, segregate and dispose of or cause to be disposed of the waste in accordance with this Act; 654 2022 Sustainable Waste Management No.

31 (g) shall segregate waste by separating hazardous waste from non-hazardous waste and dispose of the waste in a facility provided by the county government or the Authority; to (h) transfer the waste to a person who is licensed transport and dispose of the waste in accordance with this Act; (i) clean up and restore the site it was using to its natural state; (j) prepare a waste management plan and integrate it in its corporate strategies and plans; and (k) provide waste segregation receptacles at i ts premises for organic, plastic and general dry w aste.

(5) A private entity that generates waste shall segregate the waste by separating hazardous waste and dispose of the hazardous waste in a facility provided by the county government or the Authority.

to (6) A private entity or any its officers that fails manage waste in accordance with this Act commits and offence and on conviction, shall be liable to a fine (a) of at least five per cent of the entitys net income registered in the previous tax year or five million shilhngs whichever is the higher; and the (b) of at least two hundred thousand shillings for entitys officers.

(7) Where a private entity or any of its officers has and the been convicted of an offence under subsection (3), of this entity continues to fail to comply with the provisions and Act, the entity or the officer commits a further offence be for each day the failure continues on conviction, shall li able to af im (a) not exceeding zero-point-five per cent of the entitys net income registered in the previous tax year, for the private entity; and (b) not exceeding twenty thousand shillings for the entitys officers.

655 2022 Sustainable Waste Management No.

31 segregate 20.(1) A person who generates waste in Kenya Duty to and dispose waste.

shall- (a) segregate the waste at source in accordance with the provisions of this Act; and (b) dispose the waste to only licensed waste service providers or at collection points designated in accordance with the provisions of this Act.

(2)A person who does not manage waste in accordance with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding not twenty thousand shillings or imprisonment for a term exceeding six months or both.

Duties of w aste 21.(1) A waste service provider shall handle service providers.

of this segregated waste in accordance with the provisions A ct.

(2) A waste service provider shall deliver segregated in waste collected to facilities licensed and designated accordance with the provisions of this Act.

(3) A waste service provider who fails to handle or manage waste in accordance with this Act commits an not offence and shall, on conviction, be liable to a fine a exceeding fifty thousand shilling or imprisonment for term of six months or both.

PART V - PUBLIC PARTICIPATION AND A CCESS TO INFORM ATION Access to 22.

(1) The Authority shall keep the records on waste i nform ation.

management submitted to it and maintain their confidentiality where the circumstances so require.

(2) A person may have access to the records submitted to the Authority under this Act.

(3) A person who wishes to access the records submitted to the Authority under this Act may, on access to application in writing to the Authority, be granted the records.

(4) The Authority may, with the approval of the Cabinet Secretary and by notice in the Gazette, prescribe f or reasonable fees to be levied for processing applications access to information under this section.

656 2022 Sustainable Waste Management No.

31 Public 23.

Public consultation and participation under this participation.

set Act shall be conducted in accordance with the principles out in the Second Schedule.

PART VI - FINANCIAL PROVISIONS Fees to be 24.

Each county government shall allocate all waste allocated to onw aste collection and tipping fees or other charges levied county waste received at a county government waste management management facility f or the i mprovement of waste management activities and services.

in centi ves fo r 25.(1) The Cabinet Secretary shall, in consultation with the Cabinet Secretary responsible for matters relating management, to finance, introduce incentives (a) for l ocally produced and imported sustainable waste management equipment and materials including collection machines, equipment for recycling, composting, transporting and waste compacting; and (b) to expand private investment in materials recovery and recycling activities.

(2) The incentives contemplated under subsection (1) shall apply to (a) importers of sustainable waste management equipment, air pollution control equipment, recycling and composting equipment; (b) private investors to expand investment in waste recycUng and enhance circular economy; and (c) private operators of certain classes of waste management equipment including equipment for recycling and composting.

(3) The Cabinet Secretary shall, in consultation with to the Cabinet Secretary responsible for matters relating f or the finance, prescribe incentives and make regulations over preferential use of recovered or recycled materials newly manufactured materials with no recycled content.

PART Vn - M ONITORING AND COM PLIANCE Monitoring and 26.(1) The Authority shall monitor and review the evaluation by the in performance of private entities and county governments Authority.

carrying out their functions under this Act.

657 2022 Sustainable Waste Management No.

31 (2) The Authority shall develop regulations with prescribing the procedure for reporting on compliance this Act by private entities.

(3) Notwithstanding any other provision in this Act, the Authority may, by notice in the Gazette (a) require a private entity that has waste management obligations to prepare reports on the status of the entitys performance of the entitys waste management obligations and prescribe the period for reporting; and its (b) require a private entity that fails to comply with waste management obligations to prepare a report within a specified time on the actions it has taken, is taking or intends to take to secure the entitys future performance of the entitys obligations.

Compliance and 27.

(1) The Authority shall enforcement.

(a) monitor, investigate and report on whether public and private entities are in compliance with the provisions of this Act; and (b) monitor and enforce compliance with the provisions of this Act.

Act, (2) In the performance of its functions under this the the Authority shall have all the powers necessary for purpose of monitoring and investigation including the an power to enter premises of any private entity and make enquiry relating to compliance with this Act.

(3) A person commits an offence if that person (a) hinders the Authority in the performance of its functions under this A ct; (b) fails or refuses to give information that the person may lawfully be required to give to the Authority; or (c) gives false or misleading information to the Authority.

(4) A person who is convicted of an offence under one subsection (3) shall be liable to a fine not exceeding million shillings or imprisonment for a term not exceeding five years or to both.

658 No.

31 2022 Sustainable Waste Management Role of the 28.(1) The National Environment Complaints National Committee shall establish a complaints and redress Environment Complaints mechanism for the purposes of this Act.

Committee.

(2) A person making a complaint on waste management to the National Environment Complaints Conunittee may submit evidence.

29.(1) The Authority shall, in consultation with Partnership programiries.

county governments, establish a partnership programme with waste generating industries and sectors for continuous education on waste to encourage compliance.

(2) The county executive committee member responsible for environmental management in each county on shall develop a framework for inter-county co-operation waste management including the sharing of waste treatment facilities, materials recovery facilities and waste disposal facilities for approval by the county assembly.

(3) The Cabinet Secretary shall develop regulations w aste for the framework for inter-county co-operation on management.

PART Vra - GENERAL PROVISIONS Restoration.

30.(1) A person who fails to manage waste in accordance with this Act shall be required to clean up and toits restore the site where the waste was being managed natural state.

(2) The Authority shall issue the person with a site re st ore restoration order if the person fails to clean up and the site in accordance with subsection (1).

(3) A restoration order issued under this section shall be effected in accordance with the Environmental No.

8 of 1999.

Management and Co-ordination Act, 1999.

Dispute 31.

Any person or an entity aggrieved by resolution.

(a) a refusal to grant a license under this Act; (b) the imposition of any condition, limitation or restriction on a license granted under this Act; (c) any fee payable under this Act; or (d) the imposition of a restoration order in accordance with section 30, I 659 2022 No.

31 Sustainable Waste Management may, within sixty days of the occurrence of the event tothe with which the person or entity is aggrieved, appeal National Environment Tribunal.

32.

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

PART IX - PROVISIONS ON DELEGATED POWERS Regulations, 33.

(1) The Cabinet Secretary may, in consultation carrying with the Authority, make regulations for the better into effect of the provisions of this Act.

(2) Notwithstanding the generality of subsection (1), regulations made under this section may provide for (a) anything required to be prescribed under this Act; (b) take back schemes; (c) the conversion of dumpsites into landfills; (d) categories of waste segregation; (e) design and identification of waste transportation vehicles; (f) materials recovery facilities; (g) collection schedules for sorted waste types; (h) importation and exportation of waste; (i) management of e-waste; (j) national colour coding system for waste; and (k) any other matter required under this Act.

(3) For the purpose of Article 94 (6) of the Constitution (a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for the orderly conduct of the business and affairs of county governments, the Authority and the National Environment Complaints Committee; 660 No.

31 2022 Sustainable Waste Management (b) the regulations made under this section shall be of such a nature and scope, and within the limits specified in this section; and (c) the principles and standards applicable to the regulations made under this section shall be those c ap.

2.

set out in the Interpretation and General Provisions No.

23 of 20 13.

Act and the Statutory Instruments Act, 2013.

PART X- MISCELLANEOUS MATTERS i ntegrating waste 34.

The Cabinet Secretary shall, in consultation with to 3 cnrt cuia the Cabinet Secretary responsible for matters relating education and the Authority, develop a curriculum on sustainable waste management within one year of the coming into operation of this Act.

Transitional 35.(1) The Cabinet Secretary shall, in consultation provisions.

with county governments, develop a timetable for county governments to adopt the Act and regulations made thereunder.

(2) The Authority shall publish a model county waste management legislation and related subsidiary legislation on such date as the Cabinet Secretary may appoint.

(3) Regulations relating to waste management under the Environmental Management and Co-ordination Act, No.

8 of 1999.

1999, shall remain in operation until corresponding regulations under this Act have been published in the Gazette.

661 2022 Sustainable Waste Management No.

31 FIRST SCHEDULE (s.6(10)) Conduct of the Business and Affairs of the Council 1.

Meetings of the Council The Council shall meet quarterly.

2.

Special meetings The chairperson may, at any time, convene a special meeting of the aw ri tten n otice Council and shall do so within fifteen days of receiving for the meeting signed by at least three of the members.

3.

Chairperson to preside the Council in (1) The chairperson shall preside at all meetings of which the chairperson is present and in the case of his or her absence, the vice- chairperson shall preside.

(2) At a meeting of the Council at which neither the chairperson nor the vice-chairperson is present, the members of the Council present shall so elected shall have elect one of their members to preside, and the person all the powers of the chairperson with respect to that meeting and the business transacted thereof.

4.

Quorum shall be The quorum for the conduct of the business of the Council two th ird s of the m em bers.

5.

Voting of votes, and the The decisions of the Council shall be by a majority chairperson of the meeting shall have an original and a casting vote.

6.

Validity of proceedings not be affected The validity of any proceedings of the Council shall reason of a defect in by any vacancy among the membership thereof, or by the appointment of a member.

7.

Minutes of the meeting Minutes of the proceedings at meetings of the Council shall be kept in such am anner as the Council directs and w ill be made available to the Cabinet Secretary 8.

C om m ittees of the C ouncil The Council may establish such committees as may be necessary for the performance of the functions of the Council and may, subject to the 662 No.

31 2022 Sustainable Waste Management provisions of this Act, delegate powers conferred on it to any such committee.

9.

Power of the CouncU to regulate own procedure Subject to the provisions of this Schedule, the Council shall regulate its own procedure.

10.

Disclosure of interest If a member of the Council is directly or indirectly interested in any the Council and is contract, proposed contract or other matter before present at a meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, he or she shall, at the the meeting and as soon as reasonably practicable after commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

11.

Secondm ent The Cabinet Secretary may, in consultation with the Council, and second such upon such terms and conditions as may be prescribed, f or t he ef fi cient officers, agents and other staff as may be necessary Schedule.

discharge of the functions of the Council under this 12.

Experts and Consultants it considers The Council may engage consultants and experts, as under this Schedule.

appropriate, to assist in the discharge of its functions 13.

R em uner ation paid such The chairperson and members of the Council shall be remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary.

14.

Reporting Cabinet (1) The Council shall submit an annual report to the Secretary.

(2) Notwithstanding sub-paragraph (1), the Cabinet Secretary may, at any time, require a report from the National Waste Management Council on a particular matter.

15.5>ecretary fr om the (1) The Cabinet Secretary shall second a senior officer Ministry to serve as Secretary to the Council.

(2) The Secretary shall 663 2022 Sustainable Waste Management No.

31 (a) be appointed by the Cabinet Secretary; (b) be an ex officio member of the Council with no right to vote; (c) be secretary to the Council; (d) subject to the directions of the Council, be responsible for the day to day management of the affairs of the Council; and f rom time to (e) perform such other functions as the Council may, time, determine as the (3) The Secretary shall serve on such terms and conditions Cabinet Secretary may determine.

664 2022 Sustainable Waste Management No.

31 SECOND SCHEDULE (s.

23) Provisions on Public Consultation consultation 1.

(1) Where this Aet imposes a requirement for public in matters relating to sustainable waste management policies, regulations, government entity or plans or actions, the respective national or county public entity shall publish a notice (a) in the Gazette; (b) in at least two newspapers with a nationwide circulation; (c) in at least one newspaper with a circulation in the locality in which the policies, regulations, plans or actions relate; (d) in at least one radio station broadcasting in the locality in which and the policies, regulations, plans or actions relate; f or (e) via the county executive committee member responsible environmental matters in the county.

(2) The notice specified in subparagraph (1) shall or action; (a) set out a summary of the policy, regulation, plan (b) state the place where the details of the policy, regulation, plan or action may be inspected; and (c) invite written comments on, or objections to, the policy, regulation, plan or action from any interested person and specify to whom and the date by which the comments are to be submitted.

2.

The respective national and county government entity or private entity shall make arrangements for the public to obtain copies, at a regulation, plan or reasonable fee, of documents relating to the policy, action which are in the possession of the entity.

3.

The respective national or county government entity or private entity shall consider the (2); and (a) comments or objections received under paragraph held in (b) comments or objectives received at a public meeting or r eceiv ed f orm relation to the policy, regulation, plan or action, any other source and in any other form.

4.

The respective national or county government entity or private entity shall, by notice in the Gazette, inform any interested person of the action and the reasons decision relating to the policy, regulation, plan or thereof and the place where the decision may be accessed.

5.

Where regulations under the Act so require, the respective shall convene a national or county government entity or private entity public meeting relating to the policy, regulation, plan or action before a or action.

decision is rendered on the policy, regulation, plan.