MUNICIPAL COUNCIL OF MAVOKO

SOLID WASTE MANAGEMENT (BY-LAWS), 2009

THE LOCAL GOVERNMENT ACT
CAP 265

IN EXERCISE of the power conferred by Section 201 of the Local Government Act, Cap 265 the City Council of Nairobi hereby makes the following By-laws:

MUNICIPAL COUNCIL OF MAVOKO (SOLID WASTE MANAGEMENT) BY-LAWS, 2009

INTRODUCTORY

Citation (1) These By- Laws may be cited as Municipal Council of Mavoko (Solid Waste Management) By-Laws, 2009 and shall come into operation upon their publication in the Kenya Gazette.
Application (2) These By-Laws shall apply throughout the area of jurisdiction of Municipal Council of Mavoko (the Council).
Interpretation (3) In these By-laws unless the context otherwise permits:-
“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 15 kilograms in weight;
“clinical waste” includes any waste which consists 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;
“council” means Municipal Council of Mavoko;
“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;
“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.
“Hazardous waste audit” means verification of records of hazardous waste disposal by an authorized institution or authority;
“Municipal waste” means waste which is the responsibility of the Council whether under these By-Laws or under any other law to collect, treat and otherwise dispose of.
“Occupier” includes any person in actual occupation of premises or residential dwelling subdivided and let to lodgers or various tenants each lodger or tenant thereof,
“Owner” means title holder and includes any person lawfully claiming title under him or his agent or any person receiving rent or proceeds on his behalf.
“Person” means a natural person but also includes a corporation whether aggregated or sole.
“premises” includes land, building, vehicles, railway carriage or other conveyances and tents, vans, structures of any kind, drains, or places open, covered or enclosed, whether maintained or not under statutory authority, of any place within the limits of the Municipal Council of Mavokoi;
“Residential dwelling” means building, flat or any structure used as a private dwelling and includes undeveloped or partially developed land allotted for residential purposes;
“Solid waste” means municipal 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;
“Town clerk” means the person for the time being holding the office of town clerk of the council, his deputy and any other officer of the council authorized by the Town Clerk in writing for the purpose of these By- Laws.
“trade waste” means all commercial and industrial waste arising from trading of industrial or industrial output or business or in the provision of services and includes all waste which is not domestic refuse within the meaning of these By-Laws;
“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 these By-laws 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 these By-laws;
“Waste operator” means an entity licensed by the Council to carry out waste management operations within the Municipality;
“Waste management services charge” means the charge determined by the Council 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;
“Permit” means a document issued by the Council to an entity to conduct business within its jurisdiction.
“Permit holder” means a business entity authorized by the Council to conduct business within its jurisdiction.
Duty of care (4) (a) The Council has the primary duty to regulate waste and its management within the area of jurisdiction of the Municipal and for this purpose all waste generated or otherwise arising within the area of the Municipal shall be subjected to these By-Laws and shall be regulated by the Council accordingly.
(b) The Council 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 the area of the council 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 Council 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 Council 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 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 control 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 By-Laws 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 Council shall deal with waste arising from the premises in accordance with directions issued by the Council either specifically or under the scheme or arrangement established by the Council under these By-laws 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.
Waste Operators 5. a) The Council shall issue permit to waste operators who satisfy such requirements as to technical and financial capability as it shall stipulate
b) The Council shall determine categories of waste operation 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 made on an application form provided by the Council and shall include information about the technical and financial capability of the applicant to provide the services specified in the application.
d) Where the Council receives an application it shall publish the fact of the application in one newspaper with a circulation within its area of jurisdiction and shall provide members of the public who inquire with details of the application. The Council shall take into account such representations as it receives within twenty-eight 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 these By-Laws.
f) A waste operator’s permit shall include such terms and conditions as the Council 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 Council 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 if there is some other reason which, the council, seems to justify such action.
h) The council may on its own initiative, or on the application of the permit holder, modify the terms and conditions of the permit but any such modification shall be of no force and effect unless published in a local daily and representations from members of the public dealt with as if it were a new application.
i) Where it appears to the Council 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, danger or detriment cannot be avoided by modifying the conditions of the permit the Council may revoke the permit with effect from a specified date after serving notice on the permit holder and hearing any representations that the permit holder may wish to make as to why the permit should not be revoked.
j) The holder of a permit may transfer the permit to another person but such a transfer shall be of no force and effect until the council has notified the holder that it does not object to the proposed transfer.
k) The holder of a permit may relinquish the permit by giving notice to the Council that he no longer requires the permit and delivering the permit to the Council. Relinquishment shall be of no force and effect until the permit holder receives notification that the Council does not object to the relinquishment and in any case shall not absolve the permit holder from any liabilities or obligations whether civil or criminal incurred during the period when he held the permit.
Transporters (6) (a) It shall be an offence for 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 to transport any solid waste within the area of jurisdiction of the Council unless he belongs to a category of transporters who have been exempt by the Council from registration.
(b) The Council 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 Council may require registered waste transporters to execute a bond as a condition for registration.
(d) In determining whether it is desirable for any individual to be or to continue to be authorized to transport waste the Council shall have regard, in a case in which a person other than the individual has been convicted of an offence under these By-laws, to whether that individual has been party to the carrying on of business in a manner involving the commission of an offence under these By-laws.
(e) The Council may revoke the registration of a person who has been convicted of an offence under these By-laws.
(f) If it appears to a duly authorized officer of the Council that any waste is being or has been transported in contravention of these by-laws 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 By-law 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.
Registers (7) (a) The Council shall maintain a register containing prescribed particulars of all waste operator’s permits and registrations of transporters which are for the time being in force.
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(b) The Council 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 Council shall accord members of the public reasonable facilities for obtaining, on payment of reasonable charges, copies of entries in the register.
Collection (8) (a) It shall be the duty of the Council 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 council 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 trade waste or on whose premises 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) 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 Council, for the proper management of the waste and in doing so shall comply with any directions issued by the Council.
(e) 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 council.
(f) Every occupier and / or tenant of any residential dwelling shall provide and maintain, to the satisfaction of the Council, 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;
(g) 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.
(h) If it appears to the Council 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 Council may, by notice served on the occupier, require him to provide at the premises, containers for the storage of such waste which are of a kind and number reasonably specified in the notice.
(i) Occupiers of domestic and trade premises shall separate waste which can be recycled and place them in a different container provided by the Council or the waste operator as the case may be for the purpose.
(j) It shall be an offence against these By-Laws 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.

Disposal (9) (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 council 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 Council 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 council on request within that period.
(e) Waste delivered to a permit holder shall be his responsibility to him to deal with under these By-Laws.
(f) No person shall sort over or disturb anything deposited at a place provided or approved by the Council for the deposit of waste or in containers for waste provided by the council or other person unless he is authorized to do so by the Council 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 Council 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.
Payments (10) (a) The council shall issue directions 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 Council; 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 Council.
(e) The Council hereby imposes the waste charges which are annexed to these By-Laws.
Enforcement (11) (a) The Council 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 the Municipal Council of Mavoko and the use to which the general cleansing levy is put in each year.

(b) Any officer or agent of the Council duly authorized in that behalf, may at all reasonable times, enter any residential dwelling or trade premises within the area of jurisdiction of the Council for the purposes of conducting any inspection, inquiry or the execution of works under the provisions of these By-laws.
(c) In addition to such penalties for non-payment as may be stipulated in the directions issued by the Council for non-payment of charges for waste management services, any waste management charge payable under the By-laws 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 council under these By-laws may be exercised or performed by a third party pursuant to an agreement between the council and the third party and will be deemed to have been exercised or performed under the authority of these By- laws.
Offences and Penalties (12) Any person who refuses or fails to comply with any provision of these by laws or gives false information in relation to any requirements of these By-laws 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 One Hundred Thousand Shillings or for a term not exceeding Six Months imprisonment or to both such fine and imprisonment.

Made by Order of the Municipal Council of Mavoko
This……………………day of……………………………………………….2009

WISDOM K. MWAMBURI,
TOWN CLERK

Approved this……………………………….. day of …………………2009

HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT
DATE OF PUBLICATION IN KENYA GAZETTE:………………………..

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