Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
ENVIRONMENTAL IMPACT
ASSESSMENT (EIA) PROJECT
REPORT
For the Proposed MUSIPE OIL RESELLERS LTD’S OIL STORAGE FACILITY AND FILLING STATION on Plot L.R. No. NAKURU MUNICIPALITY/BLOCK 8/6 in Industrial Zone, Nakuru.
PROPONENT : MUSIPE OIL RESELLERS LIMITED P.O. BOX 12434-00100, NAIROBI
PREPARED BY :
FIRM OF EXPERTS: Purified Consultants Ltd NEMA REG. No.: 2866
August, 2013
0 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
DECLARATION
Declaration by Lead Experts:
I, DOUGLAS MWAGWI , on behalf of Purified Consultants Limited , do hereby certify that this Environmental Impact Assessment (EIA) Project Report has been done under our firm’s supervision and that the assessment criteria, methodology and content reporting conform to the requirements of the Environmental Management and Coordination Act, 1999 and Legal Notice No. 101 of June 2003 (Environmental Impact Assessment and Audit Regulations).
Signed: …………………………………………
Date: …………………………………………….
Declaration by Proponent:
I, SIMON MUIGAI MWANGI , on behalf of MUSIPE OIL RESELLERS LTD, do hereby confirm that the contents of this EIA Project Report are true to the best of my knowledge and that I shall implement the mitigation measures proposed in this report and undertake to implement further instructions as NEMA may deem apposite in relation to the findings of this Project Report and from time to time as inspections may inform.
Sign: ………………………………………………
Date: ……………………………………………
Proponent Contact Details: P.O. Box 12434-00100, NAIROBI
Project Site Address : Plot L.R. No. Nakuru Municipality/BLOCK 8/6 in Industrial Zone, Nakuru County.
i Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
ACRONYMS AND ABBREVIATIONS
AEZ Agro Ecological Zone
DEC District Environment Committee
EIA Environmental Impact Assessment
EMCA Environmental Management and Coordination Act
EMP Environmental Management Plan
ERP Emergency Response Plans
HIV Human Immunodeficiency Virus
NCPB National Cereals Produce Board
NEC National Environment Council
NEMA National Environment Management Authority
O & M Operation and Maintenance
PCC Public Complaints Committee
PEC Provincial Environment Committee
PPE Personal Protective Equipment
SERC Standards and Enforcement Review Committee
ii Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
EXECUTIVE SUMMARY
PURIFIED CONSULTANTS LIMITED , a NEMA registered firm of expert ( NEMA Reg. No. 2866 ), was approached by the proponent, MUSIPE OIL RESELLERS LIMITED; a company incorporated under the Companies’ Act (Cap 486) on the 31 st day of May 2013, to carry out an Environmental Impact Assessment for proposed Fuel Storage facility on the Plot L.R. No. Nakuru Municipality/Block 8/6 along Stanley Mathenge Road in Industrial Zone of Nakuru Town. The site of the project is on coordinates 00 16’ 45”S 36 0 02’ 59”E and at an elevation of about 6,138 metres.
The Project Site, being within the Industrial zone of Nakuru, is very ideal for the proposed project due to the kind of activities that take place on a daily basis in the immediate project area. This area is characterized by industrial activities which would auger well with the proposed project. This project will involve the putting into place both underground and above ground tanks for storing diesel and kerosene. These tanks are going to have a capacity of about 85,000 litres. The proposed project is also going to have a filling pump in place for fueling vehicles. The proposed project site currently has no structures that will need to be demolished to create room for the proposed project. Only one tree is on the site of the proposed project with some grass sparsely spread within the project site.
This EIA was commissioned by the developer to comply with the Legal requirement stipulated in the Environmental Management and Coordination Act 1999 and the subsequent Legal supplement of 2003. More so it is a way of promoting benign environmental management for sustainable development. The proponent is required to present this report to NEMA in order to comply with the Environment Management Co-ordination Act 1999 and in particular part II of the Environmental (Impact Assessment and Audit) Regulations, 2003. This report has provided a summary statement of the likely environmental effects of the proposed project. The EIA investigation examined the potential impact of the project on the immediate surroundings with due regard to all the phases of the project. It encompassed all aspects pertaining to the physical, ecological, socio-cultural, health and safety conditions at the site and its environs during and after construction. This report was based on laid down scientific qualitative procedures with the most recent methodologies and analysis required in EIA and, strictly adheres to the relevant legislative framework governing the construction industry. Reference was also made to EIA reports dealing with similar projects from other parts of the world.
Where possible, the report has provided annexes such as site maps, plans and applications to local authorities to support the findings or show the depth of the investigations. It has also provided photos of the proposed site as well as the approach road to the site. The investigations have also proved that the proponent has proposed to follow the laid down regulations, standards, laws and structural drawings as put out by the relevant authorities and professionals respectively.
iii Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
The Project Report’s conclusion is that the project is important for development of the area, promoting socio-cultural diversity and has balanced environmental considerations and benefits. The Project Report has provided adequate measures to mitigate the negative impacts and a management plan proposed which the proponent should adhere to in the life cycle of the project.
The project area is situated within the County of Nakuru and the areas assessed include the land and the surrounding environs.
The proposed implementation will include:
• Undertaking the construction and installation, partly operation, partly maintenance and management of the facility. • Observe safety during all the phases of the project. • Scooping of soil and landscaping of the area. • Adhering to the Local authorities by-laws • Fulfilling the requirements of the Environmental Management and Co-ordination Act No. 8 of 1999 and other relevant laws. The EIA evaluated the effectiveness of the environmental considerations undertaken by the project proponent in safeguarding the environment to ensure its sustainability and reduce conflicts within the surrounding areas. To this end, interviews and focal group discussions were held (see annexed questionnaires) to gather information on the biophysical and socio-economic aspects of the project. This was also done to determine whether any pollutants are likely to be discharged into the environment when the project comes into operation. The adjacent plots are developed or leased to business people.
The main positive impacts of the project include:
• Availing diesel and kerosene to the clients; • Job creation for the locals during the construction and installation phase; • Environmental conservation enhancement through introduction of synergy projects like tree planting, and landscaping; • Encouraging local business investment.
The following table therefore shows potential environmental impacts associated with implementation of the project and the corresponding mitigation measures for those impacts.
ENVIRONMENTAL IMPACTS PROPOSED MITIGATION MEASURE Solid Waste Generation Provide receptacles for solid waste disposal (such as bins), Identify opportunities for waste re-use, Engage a NEMA-licenced waste disposal company for off- site waste disposal, Send wastes that can be recycled to licenced recycling iv Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
companies, Adherence to waste management regulations under EMCA, Sensitize workers and staff on proper waste disposal, Adhere to By-Laws on waste disposal, Encourage segregation of waste from the source and use the 3R Waste Management Approach: Reduce, Reuse and Recycle, Oil Spillages Construct a wall of at least 2 feet high to contain the spilled diesel and kerosene; Compact and cement the areas around the storage tanks prevent spilled diesel or kerosene from percolating into the ground; Put in place a separation chamber to aid in collecting and separating spilled diesel and water whenever it rains. Increased Effluent Generation Direct all liquid waste into the existing sewer line or a septic tank; Properly construct the drainage system within the property, Recycle waste water and/or diesel where necessary. Dust emission Sprinkle water on dusty areas of the project site; Enforce speed limits on site; Compact the surface of the site or use concrete where possible to reduce dust emission into the atmosphere. Water contamination Construct an oil/water separator to contain spilled diesel; Minimize spillages as much as possible and when it occurs, clear it up immediately to prevent both surface and underground water contamination; Use of Energy Take advantage of natural lighting and ventilation as much as possible to minimize artificial lighting and ventilation, Consider installing solar energy harvesting facilities, Install energy saving devices including bulbs and other electrical appliances, Provide backup source of energy, Monitor energy consumption in the facility, Establish targets for efficient energy use, Create awareness among staff on energy saving. Damage to the access road The proponent to consult community around the project network area and relevant authorities before beginning any works/operations; Control speed of transport vehicles and impose speed limits; Incorporate integrated planning and management; Transport trucks to use designated access roads when coming to the site of the project; Access road maintenance shall be an ongoing concern Occupational Health and Safety Creation of safety and health awareness among
v Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
Impacts construction workers, Engagement of competent workers, Provision of suitable and adequate personal protective equipment to staff, Use of correct and well-maintained tools, equipment and machinery, Provision of first aid kit on site, Periodic site safety inspections, Insurance cover for workers, Adherence to provisions of OSHA, 2007, Record and report any accidents on site. Noise and Vibration Sensitize workforce of the relevance of using PPE, Inform and sensitize the local community of the proposed project, All transport trucks shall switch off engines while at the site; Transport trucks shall be well maintained so as not to emit excessive noise and fumes into the atmosphere Fire Risks Provide suitable and adequate firefighting equipment, Train workers on fire fighting techniques, Develop a fire emergency response procedure, Designate fire assembly point, Adhere to the provisions of the fire risk reduction rules, 2007, Carry out periodic fire drills and fire safety audits, Ensure regular testing of electrical wiring, Ensure safe handling of fire, Obtain fire clearance certificate from the Nakuru County Council.
The Environmental Management/Monitoring Plan has been designed and presented in a later chapter of this Project Report.
A site visit to undertake the environmental assessment was made between in July of 2013; reporting was done in the same month. This Project Report, therefore, presents findings and fulfills the requirements of Environmental Management and Coordination Act of 1999.
vi Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
TABLE OF CONTENTS
DECLARATION ...... i
ACRONYMS AND ABBREVIATIONS ...... ii
EXECUTIVE SUMMARY ...... iii
TABLE OF CONTENTS ...... vii
CHAPTER ONE ...... 1 1.0 INTRODUCTION ...... 1 1.1 Background and Rationale for EIA Project Report ...... 1 1.2 Need for the project ...... 2 1.3 Scope and Content of the Project ...... 2 1.4 Duties of the Proponent ...... 3 1.5 Duties of the Contractor ...... 3 CHAPTER TWO ...... 5 2.0 DESCRIPTION OF THE PROJECT ...... 5 2.1 Introduction and Project Objectives ...... 5 2.2 Project Location ...... 5 2.2.1 Neighbourhood...... 6 2.2.2 Roads ...... 7 2.2.3 Security ...... 7 2.3 Project Description and Design ...... 7 2.3.1 Vegetation ...... 8 2.3.2 Electrical System ...... 8 2.3.3 Waste Management and Treatment ...... 9 2.3.4 Water supply and Water Reticulation System ...... 9 2.3.5 Storm Water Run-off ...... 9 2.3.6 Perimeter Fence and Security ...... 10 2.3.7 Landscaping ...... 11 2.4 Phases of the proposed OIL STORAGE FACILTY and its accompanying facilities ...... 11 2.4.1 Description of the Project’s construction activities ...... 11 2.4.1.1 Pre-construction Investigations and Demolition and Site Preparations ...... 11 2.4.1.2 Sourcing and Transportation of Materials ...... 11 2.4.1.3 Storage of Materials ...... 11 2.4.1.4 Excavation and Foundation Works ...... 12 2.4.1.5 Masonry, Concrete Work and Related Activities ...... 12 2.4.1.6 Structural Steel Works ...... 12 2.4.1.7 Roofing and Sheet Metal Works ...... 12 2.4.1.8 Electrical Works ...... 12
vii Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
2.4.1.9 Landscaping ...... 12 2.4.2 Description of the Project’s Operational phase Activities ...... 13 2.4.2.1 Oil Storage Tanks, Pumps and Fuelling Station ...... 13 2.4.2.2 Solid Waste and Waste Water Management ...... 13 2.4.2.3 Oil Spills and Waste Oil ...... 13 2.4.2.4 Cleaning ...... 13 2.4.2.5 General Repairs and Maintenance ...... 13 2.4.3 Description of the Project’s Decommissioning phase Activities ...... 14 2.4.3.1 Demolition Works ...... 14 2.4.3.2 Dismantling of Equipment and Fixtures ...... 14 2.4.3.3 Site Restoration ...... 14 CHAPTER THREE ...... 15 3.0 BASELINE INFORMATION ...... 15 3.1 Location ...... 15 3.1.1 Location of the Project Site ...... 15 3.2 Climate ...... 15 3.3 Soils and Geology ...... 15 3.4 Economy ...... 16 3.5 Demographic and Population Profile ...... 16 3.6 Tourism ...... 17 3.7 Transportation ...... 17 3.7.1 Road Transport ...... 17 3.7.2 Rail Transport ...... 18 3.7.3 Air Transport ...... 18 3.8 Water ...... 18 3.9 Ecological Environment of the project area ...... 18 3.9.1 Wildlife (Fauna) ...... 19 3.9.2 Vegetation (flora) ...... 19 3.10 Electricity ...... 19 3.11 Waste Management ...... 19 3.11.1 Sewage Disposal ...... 19 4.11.2 Solid Waste Management ...... 20 3.11.3 Drainage ...... 20 3.12 Labour Force ...... 20 3.13 Housing ...... 20 CHAPTER FOUR ...... 22 4.0 POLICY, LEGISLATIVE AND REGULATORY FRAMEWORK ...... 22 4.1 Policy Framework ...... 22 4.1.1 National Environmental Action Plan (NEAP) ...... 22 4.1.2 Environmental and Development Policy (Sessional Paper of 1999) ...... 22 4.2 Legislative Framework ...... 23 4.2.1 Energy Act, 2006 ...... 23 4.2.2 Environmental Management and Coordination Act, 1999 ...... 24 viii Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
4.2.3 The Environmental Management and Coordination (water quality) Regulations 2006 ...... 25 4.2.4 The Environmental Management and Coordination (waste management) Regulation, 2006 ...... 25 4.2.5 The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2009 ...... 26 4.2.6 The Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009 ...... 26 4.2.7 The Occupational Health and Safety Act, 2007 ...... 26 4.2.7.1 Safety ...... 27 4.2.7.2 Health ...... 27 4.2.7.3 Welfare ...... 27 4.2.8The Weights and Measures Act Cap 513 ...... 27 4.2.9 The Water Act 2002 ...... 28 4.2.10 The Physical Planning Act ...... 28 4.2.11 The Public Health Act Cap 242 ...... 28 4.2.12 The Local Government Act Cap 265 ...... 28 4.2.13 The Wayleaves Act Cap 292...... 29 CHAPTER FIVE ...... 30 5.0 PUBLIC PARTICIPATION ...... 30 5.0.1 List of the people Consulted ...... 30 5.1 Analysis of the Public Consultation findings ...... 30 5.1.1 Socio-Economic Issues ...... 31 5.1.1.1Creation of Employment Opportunities ...... 31 5.1.1.2 Provision of Market for Supply of Building Materials ...... 31 5.1.1.3 Increased Business Opportunities ...... 31 5.1.1.4 Readily availing Oil Products for the nearby industries ...... 31 5.1.1.5 Fuelling of vehicles ...... 31 5.1.1.6 Revenue to National and Local Governments ...... 31 5.1.1.7 Improved Security ...... 32 5.1.1.8 Business Development ...... 32 5.1.2 Environmental Issues ...... 32 CHAPTER SIX...... 33 6.0 POTENTIAL ENVIRONMENTAL IMPACTS ...... 33 6.1 Introduction ...... 33 6.2 Negative Environmental Impacts of Construction/Installation phase Activities ...... 33 6.2.1 Extraction and Use of Building Materials ...... 33 6.2.2 Dust Emissions ...... 33 6.2.3 Exhaust Emissions ...... 34 6.2.4 Noise and Vibration ...... 34 6.2.5 Risks of Accidents and Injuries to Workers...... 34 6.2.6 Clearance of Vegetation ...... 35 6.2.7 Oil Spills ...... 35 6.2.8 Solid Waste Generation ...... 35 6.2.9 Energy Consumption ...... 35 6.2.10 Water Use ...... 36 ix Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
6.3 Positive Environmental Impacts of Construction phase Activities ...... 36 6.3.1 Creation of Employment Opportunities ...... 36 6.3.2 Provision of Market for Supply of Building Materials ...... 36 6.3.3 Increased Business Opportunities ...... 36 6.4 Negative Environmental Impacts of Operational phase Activities ...... 37 6.4.1 Solid Waste Generation ...... 37 6.4.2 Oil Spills ...... 37 6.4.3 Increased demand for sanitation ...... 37 6.4.4 Energy Consumption ...... 37 6.4.5 Water Use ...... 38 6.5 Positive Environmental Impacts of Operational phase Activities ...... 38 6.5.1 Readily availing Oil and Oil Products ...... 38 6.5.2 Employment Opportunities ...... 38 6.5.3 Revenue to National and Local Governments ...... 38 6.5.4 Improved Security ...... 38 6.5.5 Provision of parking facility ...... 38 6.6 Negative Environmental Impacts of Decommissioning phase Activities ...... 38 6.6.1 Solid Waste ...... 38 6.6.2 Dust ...... 39 6.6.3 Noise and Vibration ...... 39 6.7 Positive Environmental Impacts of Decommissioning Activities ...... 39 6.7.1 Rehabilitation ...... 39 6.7.2 Employment Opportunities ...... 39 CHAPTER SEVEN ...... 40 7.0 ANALYSIS OF PROJECT ALTERNATIVES ...... 40 7.1 ‘No Project’ Alternative ...... 40 7.2 The Proposed Development ...... 40 7.3 The Proposed Development with modifications...... 40 CHAPTER EIGHT ...... 42 8.0 IMPACTS MITIGATION AND MONITORING PLAN ...... 42 TABLE 8.1: SHOWING ENVIRONMENTAL MANAGEMENT PLAN (EMP) ...... 43 CHAPTER NINE ...... 46 9.0 DECOMMISSIONING PHASE...... 46
CHAPTER TEN ...... 47 10.0 CONCLUSIONS AND RECOMMENDATIONS ...... 47
CHAPTER ELEVEN ...... 48 11.0 AUXILLIARY INFORMATION ...... 48 11.1 The project cost ...... 48 11.2 Monitoring Guidelines ...... 48
x Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
11.3 Reporting ...... 48 11.4 Conclusion and recommendations ...... 48 11.5 APPENDICES ...... 50 11.6 REFERENCES ...... 51
xi Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER ONE
1.0 INTRODUCTION
1.1 Background and Rationale for EIA Project Report
PURIFIED CONSULTANTS LIMITED , a NEMA registered firm of expert ( NEMA Reg. No. 2866 ), was approached by the proponent, Musipe Oil Resellers Limited, to carry out an Environmental Impact Assessment for proposed Oil Storage facility. The project site is on the Plot L.R. No. Nakuru Municipality/Block 8/6 along Stanley Mathenge Road in Industrial Zone, Nakuru. The site of the project is on coordinates 00 16’ 45”S 36 0 02’ 59”E and at an elevation of about 6,138 metres. The project site measures approximately 0.5 Acres.
The Project Site, being within the Industrial zone of Nakuru, is very ideal for the proposed project due to the kind of activities that take place on a daily basis in the immediate project area. This area is characterized by industrial activities which would auger well with the proposed project. This project will involve the putting into place both underground and above-ground tanks for storing oil. These tanks are going to have a capacity of about 85,000 litres. The proposed project is also going to have a filling pump in place for fueling vehicles. The proposed project site currently has no structures that will need to be demolished to create room for the proposed project. Only one tree is on the site of the proposed project with some grass sparsely spread within the project site.
Environmental concerns need to be part of the planning and development process and not an afterthought, it is therefore advisable to avoid land use conflicts with the surrounding communities. To avoid unnecessary conflicts that retard development in the country, the proponent undertook this EIA and incorporated environmental concerns to comply with the Legal requirement as stipulated in the Environmental Management and Coordination Act 1999 and the subsequent Legal supplement of 2003. More so, it is a way of promoting benign environmental management for sustainable development. The planning application in respect to the proposed project was submitted to the Nakuru County Council for approval. The proponent is required to present this report to NEMA in order to comply with the Environment Management Co-ordination Act 1999 and in particular part II of the Environmental (Impact Assessment and Audit) Regulations, 2003. The report has provided a summary statement of the likely environmental impacts of the proposed project.
This EIA investigation examined the potential impact of the Proposed Project on the immediate surroundings with due regard to all the phases of the project. It encompassed all aspects pertaining to the physical, ecological, socio-cultural, health and safety conditions at the site and its environs during and after construction/installation. The report was based on laid down scientific qualitative procedures with the most recent methodologies and analysis required in EIA 1 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 and, strictly adheres to the relevant legislative framework governing the construction industry. Reference was also made to EIA reports dealing with similar projects from other parts of the world.
Where possible, this report has provided annexes such as site maps, plans and applications to local authorities to support the findings or show the depth of the investigations. It has also provided photos of the proposed site as well as the approach road to the site. The investigations have also proved that the proponent has proposed to follow the laid down regulations, standards, laws and structural drawings as put out by the relevant authorities and professionals respectively. The Project Report’s conclusion is that the project is important for the industrialization development of the immediate project area and the country; and has balanced environmental considerations and benefits. Finally, this Project Report has provided a comprehensive Environmental Management Plan (EMP) as is mandatory for a project of this. The Proponent should adhere to the EMP in the life cycle of the project.
1.2 Need for the project
Because of the industrial activities being undertaken in the project area; and the need to lower the cost of production in the industries in this area, there is need to source production materials such as fuel from points closer to the production centers. Since most of the machinery used in the industries in this area run on oil products, there is a need to have diesel deport close by hence the need for such storage facilities as the proposed project. It is against this backdrop and the need to gain economically that the proponent has opted to undertake the proposed project.
The proposed project will be within the character of similar projects in the area of the project and in Kenya. A survey of the area of the project revealed that there are such projects in existence and the proposed project is guaranteed a clientele base within the area.
The proposed project will offer the following: • Value for money in terms of the services the facility will offer; • Ample parking for the clients’ trucks; • Reasonable price tag; • Job opportunities for Kenyans.
1.3 Scope and Content of the Project
The project assessment investigates and analyses the anticipated environmental impacts of the proposed project in line with the Environmental Impact Assessment and Audit regulations 2003 and in particular part II S 7[1] a-k.
Consequently, the assessment report will provide the following: • Nature of project 2 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
• The location of the project including the physical are that may be affected by the project's activities. • The activities that shall be undertaken during the project construction, operation and design of the project • The materials to be used, products and by-product including waste to be generated by the project and the methods of disposal. • The potential environmental impacts of the project and mitigation measures to be taken during and after the implementation of the project. • An action plan for prevention and management of possible accidents during the project cycle; • A plan to ensure the health and safety of the workers and the neighboring communities; • The economic, social and cultural impacts to local community and the nation in general; • The project budget; • Any other information that the proponent may be requested to provide by NEMA. All these aspects will be considered accordingly. This project report also seeks to ensure that all the potential environmental impacts are identified and that workable mitigation measures are adopted. The project report also seeks to ensure compliance with the provision of the EMCA 1999, and Environmental (Impact Assessment and Audit) Regulations 2003 as well as other regulations. The report emphasizes the duties of the proponent and contractor during the construction phase as well as the operation phase of this project.
1.4 Duties of the Proponent
It will be the duty of the proponent to ensure that all legal requirements, as pertaining to the development, are met as specified by the law.
• The proponent shall provide the contractor with a site office complete with all the furniture and sanitary facilities to facilitate site meetings and inspections; • The proponent will also provide the contractor with stores for his own use and for use by the subcontractors where applicable.
1.5 Duties of the Contractor
• Prepare and maintain an approved Time and Progress chart, showing clearly the period allowed for each section of the work; • The contractor is to comply with all regulations and by-laws of the local Authority including serving of notices and paying of the fees; • The contractor shall make good at his own expense any damage he may cause to public and private roads and pavements in the course of carrying out his work;
3 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
• The contractor shall provide at his own risk and cost all water required for use in connection with the works including the work of subcontractors, and shall provide temporary storage tanks; • The contractor shall make his own arrangement for sanitary conveniences for his workmen. Any arrangements so made shall be in conformity with the public health requirements; • The contractor shall be responsible for all the action of the subcontractor in first instance; • The contractor shall take all possible precaution to prevent nuisance, inconvenience or injury to the neighboring properties and to the public generally, and shall use proper precaution to ensure that safety of wheeled traffic and pedestrian; • All work operations, which may produce loud noise, dust vibration, or any other discomfort to the workers and/or people outside the project site must be undertaken with care, with all necessary safety precautions taken; • The contractor shall take all effort to muffle the noises from his tools, equipment and workmen not to exceed 60db; • The contractor shall, upon completion of working, remove and clear away all plant, rubbish and unused materials and shall leave the whole of the site in a clean and tidy state; • No blasting shall be permitted without the prior approval of the local authorities;
4 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER TWO
2.0 DESCRIPTION OF THE PROJECT
2.1 Introduction and Project Objectives
The overall objective of this Project is to develop and avail an oil storage facility for Musipe Oil Resellers Limited in the Industrial Zone of Nakuru County. The proposed project site is on Plot L.R. No. Nakuru Municipality/Block 8/6 measuring approximately 0.5 Acres and is along Stanley Mathenge Road and opposite the stalled NCPB Silos. The proposed project will lead to the installation of underground and above-ground oil storage tanks, oil pumps and an oil filling station within the same plot. There are no structures that will need to be demolished to create room for the proposed activities. The proposed development is planned in one phase. The proposed project is going to used pit latrine to handle human waste; waste/spilled oil will be collected and sold to waste oil recyclers; and solid waste will be collected and dumped by licenced garbage collector. This facility is going to be used to store oil for resale purposes within the project area. The project will also create employment and business opportunities in addition to the several positive impacts discussed in this report. The proposed development will be constructed and operated under the name MUSIPE OIL RESELLERS LIMITED.
2.2 Project Location
The Proposed Project site is on the Plot L.R. No. Nakuru Municipality/Block 8/6 along Stanley Mathenge Road in Industrial Zone, Nakuru. The site of the project is on coordinates 00 16’ 45”S 36 0 02’ 59”E and at an elevation of about 6,138 metres. The project site measures approximately 0.5 Acres. This site is about 4 kilometres from Nakuru town centre.
5 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
PROJECT SITE: L.R. No. LAMSONS TIMBER YARD MEGA SPIN LTD NAKURU INDUSTRIES MUNICIPALITY/ LTD BLOCK 8/6
Stanley Mathenge Road
NCPB CEREAL BOARD SILOS
Map of the Project Site
2.2.1 Neighbourhood
The area of the project is an industrial zone hence it is characterized by industries. Some of the industries in the project area include; Mega Spin Ltd, Reliable Contractors Ltd, Milling Cooperative of Kenya, Pyrethrum Board of Kenya, Lamsons Industries Ltd. Also within the project site is the Kenya Forestry Service, Kenya Pyrethrum Board; National Cereals Produce Board (NCPB) and the NCPB Silos.
Neighbourhood
6 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
2.2.2 Roads
The access road to the Project Site from Nakuru Town is along Stanley Mathenge Road.
Access Road (Stanley Mathenge Rd)
2.2.3 Security
The facilities in the project area are gated with security staff at the gates manning them. Security in this area is taken seriously. Almost all the developments have security details though this security is mainly contracted from privately owned security firms.
2.3 Project Description and Design
The proposed project will involve the installation of underground and above-ground oil storage tanks; putting in place fuel pumps; constructing operational offices, toilets and stores; and constructing waste oil collection point i.e. oil separation tank. Other activities that will take place are: installation of electricity and wiring of the facility, building of the pavements; constructing of walls around the above-ground storage tanks and laying the drainage system. This project is to be undertaken on Plot L.R. No. Nakuru Municipality/Block 8/6 in Nakuru County.
The design of the project has been executed with due consideration of the existing topography of the proposed project site. In addition, measures have been taken to ensure that the existing landmass, strata and vegetation is least disturbed during construction of the project. In general, the design of the project will optimize the use of best available technology to prevent or minimize potentially significant environmental impacts associated with the project and incorporate efficient operational controls together with trained staff, to ensure high level business and environmental
7 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 performances.
2.3.1 Vegetation
The site of the project generally has not much vegetation cover apart from a single tree at the centre of the plot and some few scattered grass.
Vegetation (tree) at the Project Site
2.3.2 Electrical System
There will be application for connection to the Kenya power and lighting company’s electricity main line. The electricity will be used both during the construction/installation and the operational phases of the project. The necessary guidelines and precautionary measures relating to the use of electricity shall be adhered to.
8 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
Electricity lines in the project Area
2.3.3 Waste Management and Treatment
The proponent is proposing to handle solid waste realized at the site through collection and dumping by a licenced garbage collector that the company will contract. No burning of any solid waste will be allowed on site.
2.3.4 Water supply and Water Reticulation System
Water will be obtained from the Nakuru Town Council’s water supply pipes which serve the project area. The facility will be connected to the main water supply system.
2.3.5 Storm Water Run-off
The roof water will be collected in open lined rectangular drains running along and parallel to the plot boundary within a 2.0m drainage way-leave, thereafter connecting to the roadside drainage.
9 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
Roadside Drainage system
2.3.6 Perimeter Fence and Security
A concrete perimeter wall already exists around the project site. A guard house will be located next to the main entrance for easy security operations around the compound a boundary wall connected with security alarms, entry control, and Quick response systems will be used within the proposed site.
Gate and concrete fence to the project site
10 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
2.3.7 Landscaping
The site will be landscaped after construction, using plant species available locally. This will include establishment of flower gardens and lush grass lawns to improve the visual quality of the site.
2.4 Phases of the proposed OIL STORAGE FACILTY and its accompanying facilities
The technology used in the design and installation of the oil storage tanks and accompanying facilities will be based on international standards, which have been customized by various projects of the same nature in Kenya and particularly in Nakuru. The project will consist of underground and above-ground oil storage tanks which in total will have a capacity of about 85,000 litres. Also to be put in place will be oil pumps to be used in loading oil in transport tankers for the clients. There will also be a fueling point where vehicles will be refueled. Water at the project site will be obtained from the Nakuru Town Council’s mains. There will also be sanitary facilities within the project site which will be handling effluent/liquid waste. The site’s compound is going to be compacted and then cemented.
2.4.1 Description of the Project’s construction activities
2.4.1.1 Pre-construction Investigations and Demolition and Site Preparations
The implementation of the project's design and construction phase will start with thorough investigation of the site’s biological and physical resources in order to minimize any unforeseen adverse impacts during the project cycle. There are no existing structures that will need demolition. The site of the project will be cleared of any solid wastes in preparation for the construction/installation of equipment.
2.4.1.2 Sourcing and Transportation of Materials
Materials will be transported to the project site from their extraction, manufacture, or storage sites using transport trucks. The building materials to be used in construction of the project will be sourced from Nakuru and neighboring areas. Greater emphasis will be laid on procurement of materials from within the local area, which will make both economic and environmental sense as it will reduce negative impacts of transportation through reduced distance of travel by the materials transport trucks.
2.4.1.3 Storage of Materials
Construction materials will be stored on site. Bulky materials such as rough stones, ballast, sand and steel will be carefully piled on site. To avoid piling large quantities of materials on site, the proponent will order bulky materials such as sand, gravel and stones in bits. Materials such as cement, paints and glasses among others will be stored in temporary storage structures, which 11 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
will be constructed within the project site for this purpose.
2.4.1.4 Excavation and Foundation Works
The top soil will be excavated and transported to pile in an area within the project area so that the same soil will be reused for landscaping purposes. Excavation will be carried out to prepare the site for construction of foundations, pavements and drainage systems. This will involve the use of heavy earthmoving machinery such as tractors and bulldozers. The site soil structure is very firm.
2.4.1.5 Masonry, Concrete Work and Related Activities
The construction of the walls, foundations, floors, pavements, drainage systems and parking area among other components of the project will involve a lot of masonry work and related activities. General masonry and related activities will include stone shaping, concrete mixing, plastering, slab construction, construction of foundations, and erection of walls and curing of fresh concrete surfaces. These activities are known to be labor intensive and will be supplemented by machinery such as concrete mixers.
2.4.1.6 Structural Steel Works
The structures will be reinforced with structural steel for stability. Structural steel works will include; cutting, welding and erection.
2.4.1.7 Roofing and Sheet Metal Works
Roofing activities will include sheet metal cutting, raising the roofing materials such as tiles and structural timber to the roof and fastening the roofing materials to the roof.
2.4.1.8 Electrical Works
Electrical work during construction of the premises will include installation of electrical gadgets and appliances including electrical cables, lighting apparatus, sockets etc. In addition, there will be other activities involving the use of electricity such as welding and metal cutting.
2.4.1.9 Landscaping
To improve the aesthetic value or visual quality of the site once construction/installation ceases, the proponent will carry out landscaping. This will include establishment of flower gardens and lush grass lawns and will involve replenishment of the topsoil. It is noteworthy that the proponent will use plant species that are available locally preferably indigenous ones for landscaping.
12 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
2.4.2 Description of the Project’s Operational phase Activities
2.4.2.1 Oil Storage Tanks, Pumps and Fuelling Station
The proposed project is going to avail both underground and above-ground oil storage tanks that will be used to store oil before it is resold. The proponent is also going to install pumps that will be used in fuelling the tanks for the clients that the facility will be serving. Also to be installed will be a fuelling station that will serve both the proponent’s and clients’ vehicles.
There is going to be ample parking for the clients’ transport trucks within the project site. Both the workers for the proponent will be availed with sanitary facilities within the site of the project and there is going to be safe water for drinking.
2.4.2.2 Solid Waste and Waste Water Management
The proponent will provide waste receptors (bins) for handling solid waste generated within the site as a direct result of the operations undertaken within the project site. The bins will be used for temporarily holding waste within the premises before final disposal at the designated dumping site by a contracted licenced garbage collector. Effluent generated within the site will be discharged into the septic tank whereas storm water from the project site will be channeled into the Nakuru Town Council's storm water drainage system.
2.4.2.3 Oil Spills and Waste Oil
Oil spills will be directed to a three-chambered oil separation chamber that will help separate waste oil from waste water before waste water is released into the open drainage system that runs along the road in the project area.
2.4.2.4 Cleaning
The proponent will be responsible for washing and cleaning of the facilities within the project site. Cleaning operations will involve the use of substantial amounts of water, disinfectants and detergents.
2.4.2.5 General Repairs and Maintenance
The facilities within the project site will be repaired and maintained regularly during the operational phase of the project. Such activities will include repairs and maintenance of pumps, fuelling station, electrical gadgets and equipment, repairs of leaking water pipes, painting, maintenance of flower gardens and grass lawns, and replacement of worn out materials among others.
13 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
2.4.3 Description of the Project’s Decommissioning phase Activities
2.4.3.1 Demolition Works
Upon decommissioning, the project components including buildings, pavements, drainage systems, parking areas and perimeter fence will be demolished. This will produce a lot of solid waste, which will be re-used for other construction works or if not reusable, disposed of appropriately by a licensed waste disposal company.
2.4.3.2 Dismantling of Equipment and Fixtures
All equipment including oil storage tanks, pumps, fuelling station, electrical installations, furniture partitions, pipe work and sinks among others will be dismantled and removed from the site on decommissioning of the project. Priority will be given to re-use of these equipment in other projects. This will be achieved through re-sale of the equipment.
2.4.3.3 Site Restoration
Once all the waste resulting from demolition and dismantling works is removed from the site, the site will be restored through replenishment of the topsoil and revegetation using indigenous plant species.
14 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER THREE
3.0 BASELINE INFORMATION
3.1 Location
Nakuru town is located 160 km North West of Nairobi and is the fourth largest urban centre in Kenya after Nairobi, Mombasa and Kisumu. It is situated at an altitude of 1859m above sea level and it is within the Great Rift Valley. The town is located in an environmentally sensitive area as it is sandwiched between the Lake Nakuru National Park to the South and the Menengai crater to the North. Further to the North East of the town is the Bahati Escarpment which forms the western fridge of the Aberdares Escarpment. The population of Nakuru has been steadily growing at the rate of 5.6% per annum, from 38,181 in 1962, to 163,927 people in 1989. Nakuru is at present the fourth largest town in Kenya (after Nairobi, Mombasa and Kisumu), with a 1999 population of 289,385(GOK, 2000).
3.1.1 Location of the Project Site
The project is located on a Plot L.R. No. Nakuru Municipality/Block 5/8 along Stanley Mathenge Road in Industrial Zone of Nakuru Town. The site of the project is on coordinates 00 16’ 45”S 36 0 02’ 59”E and at an elevation of about 6,138 metres. This plot has been acquired from Solomon Muriithi Kibugu and James Kibugu Kioni jointly referred to herein as “ vendors ”; by Simon Muigai Mwangi herein referred to as “ Purchaser ”. The site is approximately 4 kilometres from Nakuru Town and is directly opposite the NCPB Silos along Stanley Mathenge Road within Nakuru’s Industrial Zone.
3.2 Climate
With an average annual rainfall of about 950 mm, Nakuru has a dry sub-humid equatorial climate. There are two rainy seasons: the long rains occurring between March-May and the short rains during October-December. Due to its location on the floor of the Rift Valley with its volcanic soils, Nakuru experiences whirlwinds of dust, during the dry season, which give the town its name (Nakuru means 'a place of winds' in the Maasai language).
3.3 Soils and Geology
Due to its location on the floor of the Rift Valley the area has developed both mature and immature volcanic soils. The current visible top soils are sandy clay formed out of volcanic ash. Nakuru is located in the midst of a concentration of geographical features together constituting the Lake Nakuru catchment basin. These include the Menengai Crater to the north, the Bahati
15 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
Highlands to the northeast, the Eburu Hills and Lake Nakuru to the south and the Mau Escarpment to the southwest.
3.4 Economy
The major economic sectors of the Nakuru urban economy are commerce, industry, tourism, agriculture and tertiary services. The commercial sector in Nakuru contributes about 19% of the economy of the town. Within the Central Business District (CBD), retail activity occupies 26% of all commerce, while wholesale contributes 10%, and the informal sector enterprises 18% of all the commercial activity space. Commercial activities associated with servicing the agricultural economy are an important of the town’s commerce, and there is a significant network of financial institutions providing banking, insurance and credit services to the business community.
The town’s industrial development began when the first agro-industries were started in the 1920's, and there are currently well over 100 industrial establishments including grain milling and storage, processing of cooking oil from agricultural raw materials, agro-chemical production, soaps, blankets and dairying in the town. There has been a notable decline in manufacturing in the recent past, but a level of growth in industrial retailing of finished products. The economy is largely dependent on the rich agricultural hinterland, and there is an increasing growth in small- scale agricultural activities within the metropolitan area, which is mostly located in the peri- urban areas of Bahati, Kiamunyi, Engashura, Kiamunyeki and Mwariki areas where sub-division of large farms into smaller holder portions is rampant. The presence of key natural features such as Lake Nakuru, the Menengai Crater and archaeological sites such as the Sirikwa holes and Hyrax Hill have enhanced the tourism potential in Nakuru.
3.5 Demographic and Population Profile
In 1999 the population of Nakuru district was 1,187,039 and was growing at an average rate of 3.4 % per annum, which is the same as the national average. The district’s population was projected to reach 1,604,805 by 2008, with an almost equal number of males and females. In 1999 there were 662,009 males and 650,546 females, giving a sex ratio of 98:100. The district has a youthful population, with a dependency ratio of 100:91. Bahati and Njoro are the most highly densely populated rural divisions. As mentioned earlier, the population is largely youthful with about 54.8% below 20 years and about 74.4% of the population below 30 years. The implication of a youthful population is that it will exert pressure on the district to provide facilities and services to meet their school and college needs. The average population density is 164 persons per km2.
16 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
3.6 Tourism
The town, and the region, is endowed with vast resources that make tourism a key income source. Lake Nakuru, one of the Rift Valley salt lakes, forms part of the Lake Nakuru National Park, which is famous for the vast numbers of flamingoes that can be seen foraging in the shallow lake. The park also hosts many wild animals that can be seen during a safari. Apart from the animals numerous other sites of interest are accessible from Nakuru. These include the Menengai Crater, a dormant volcano. Small fumaroles and steam vents can regularly be observed within the forested caldera from above. The second largest surviving volcanic crater in the world, it plunges 483 m down from the rim and the summit is accessible by foot or vehicle 8 km from the main road to Nyahururu. The wood-covered crater ground is a nature reserve. The town has a well equipped sports club that offers various sporting activities including cricket.
3.7 Transportation
Nakuru is well linked with the international, national and regional transportation systems. The Trans-African Highway (A104) linking Mombasa to Kampala and the main Uganda Railway, which provide both freight and passenger services pass through the town. In addition, the town is connected to its region/hinterland through the Nyahururu, Njoro, Wanyororo and Marigat primary road system. At the local level, Nakuru town itself has a network of roads laid out in a grid pattern providing access to all areas of the town. The sub-urban areas are directly connected to the town center, but lack direct linkage between themselves.
3.7.1 Road Transport
At present, the main problem of travelling to Nakuru and beyond by road has been the frequency of accidents. In addition, as the through traffic passes within the town, there is mix of local and through traffic which causes traffic congestion in the CBD, and in the main bus-stop. The internal road network (within the town) is not in good condition, although it is currently undergoing repairs. There is one major public transport terminus in the CBD, which is used for both through and local traffic. This terminus is not only badly organized, but it is also in poor condition. There are several other terminuses along the main streets and within residential areas, but these are small compared with the main town terminus. It is expected the congestion of motorized transport in the town would ease if appropriate support infrastructure such as foot paths and cycle tracks are provided to facilitate easier mobility to pedestrians and cyclists.
The proposed project site is located approximately 4 kilometres from Nakuru Town along the Stanley Mathenge Road in the Nakuru’s Industrial Zone. This road is tarmacked and is presently in good condition.
17 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
3.7.2 Rail Transport
The Kenya-Uganda railway passed through Nakuru to western Kenya and Uganda, and is mainly used to convey good to Uganda and the western part of Kenya, and also to the hinterland of Nakuru itself.
3.7.3 Air Transport
Apart from the Lanet military installation, which has an airstrip that is not accessible to the public, there are no other facilities for air transport in Nakuru. Considering its importance as an international tourist destination, the potential for usage of this mode is high and should therefore be developed.
3.8 Water
Nakuru town gets its water from both surface and underground sources operated and maintained by the Municipal Council of Nakuru. This is supplemented by other sources including the National Water Conservation and Pipeline Corporation, the Kenya Army, Private boreholes and other self-help water schemes with a total water supply of 50,000m3/day against the current water demand estimated at 75,000m3/day, there have been, as expected, frequent shortages of water due to rationing which adversely affects both residential and industrial consumers. Most of the surface water, which is stored in six major storage tanks before supply to consumers, is treated, while the borehole water normally does not require any treatment apart from chlorination.
The existing water reticulation system is estimated to be 35km in length, which is only 34% of the required coverage, which is mainly restricted to the old town, while newly settled peri-urban areas are underserved. The water is provided at extremely high operation and maintenance costs due to high electricity bills, defective pumps and motors, head losses due to long pumping distances, high rates of unaccounted for water, illegal connections, shortage of meters, etc. Water in the immediate project area is piped and the Nakuru Town Council should be requested to extend its services to the proposed facility.
3.9 Ecological Environment of the project area
This refers to the natural ecological status of the project area, and consists of the fauna and flora found in an area. Due to its proximity to major lakes and conservation areas such the lake Nakuru National Park and Lake Nakuru to the West, Lake Elmentaita to the South East and Soysambu Wildlife Conservancy to the South, the area enjoys a great variety of wildlife.
18 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
3.9.1 Wildlife (Fauna)
Various species of animals, big and small, inhabit the project area. Notable among these are the Warthog, Dikdik, Hare, Zebra, Gazelle, Buffalo, Waterbuck, Columbus monkey, the Leopard, Jackal, various rodents, among others. The lion is sometimes also to be found in the park. The two lakes are also home to the lesser flamingo, ( Phoeniconaias minor) and the Great White Pelican ( Pelicansonocrotalus roseus ), which are classified by CITES as threatened The Park is part of a most familiar national park of Kenya known for its spectacular bird fauna (495 species), particularly the vast flock of the lesser flamingo ( Phoeniconaias minor ).
3.9.2 Vegetation (flora)
The project area has a variety of indigenous vegetation cover which include grassland donned with scattered trees, Acacia xanthophloea ( also known as Naivasha thorn), Euclea divinorum, locally known as Mukinyai, and the Rhus natalensis, known as Muthigio and shrubs (Tarchonanthus camphorates ) commonly known as Leleshwa. It has a few standing Warbugia Ugandensis and East Africa Cedar Pencil (Juniperus procera), and Red Oat grass ( Themenda triandra), which form over 90% of undergrowth biomass . The national park and the conservancy (Soysambu) host the largest natural plantations of Euphobia ( Euphobia calodendrum) in the area. The most common species of trees grown by the local residents include Grevillea (Grevillea robusta) and Eucalyptus Species,
3.10 Electricity
The main provider of electricity is the Kenya Power and Lighting Company Ltd (KPLC). The demand for power is growing rapidly and at the moment it exceeds the supply, leading to frequent power interruptions, which have very adverse effects on manufacturing industries and key services like hospitals, telecommunication and water supply. Many industries and key institutions are therefore forced to install standby power generators.
3.11 Waste Management
3.11.1 Sewage Disposal
The existing means of disposal of domestic waste is through the conventional sewers, cesspools, septic tanks and pit latrines. Only about 13% of the town is sewered, serving about 19% of the built-up area. The sewage treatment facility is underutilized, mainly because of an inadequate reticulation network.
19 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
4.11.2 Solid Waste Management
The management of solid waste in Nakuru town is primarily the responsibility of the Nakuru Municipal Council. However, in recent years, private sector entrepreneurs have increasingly been involved in refuse collection and disposal. Most of the old town is covered by municipal collection services but the outlying and newly developed areas are not served. These areas rely heavily on individual, private or in house initiatives. Nakuru town has only one designated dumping site located on the Western side of the town (London), where the waste is dumped in an abandoned quarry site. The majority of waste generators, however, dump their refuse in undesignated sites where it is either burnt or left unattended. The main problems confronting solid waste management include poor organization, low public awareness on environmental health, lack of adequate personnel and appropriate equipment, and use of poor waste handling techniques. A few initiatives by NGO’s (WWF) and CBO’s have however, helped to improve the situation, but they are far from adequate.
3.11.3 Drainage
The town uses partly man-made drains and partly natural drains, while normal underground seepage takes care of the rest. During the rains, most of the drainage is through natural drains, which sometimes inundate dwellings in low cost housing areas. Due to the lay of the land and the nature of development in Nakuru, the existing storm water drainage facilities frequently become overwhelmed. Expansion of the existing storm water drains and adequate maintenance of the existing network needs to be carried out to reduce damage to roads and other infrastructure.
3.12 Labour Force
According to year 2002 estimates, the district had a labour force of 703,234 people, which was projected to increase to 859,802 persons in 2008. This implies that during this period some 153,368 people would join the labour force, which would of course require a commensurate growth in job opportunities. According to the 1999 Housing Census, 175,625 people were unemployed, with unemployment in Nakuru district being about 22%. Most of the unemployed were young people.
3.13 Housing
Housing is the largest user of space in the municipality. From a provider perspective, there are two categories of housing: public and private. The former comprises of government, affiliate corporations and municipal authority houses for staff accommodation, and council rental housing. The latter comprises of housing developed by individuals for rental purposes or for their own habitation. There are at least 6,956 public housing units within the town, 5,434 of which are owned by the Municipal Council of Nakuru and 1,522 by the central government departments
20 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 and corporations (MCN/BADC/UNCHS, 1999). The rate of growth in the public housing sector is therefore minimal, and the private sector is the largest provider of housing. It is estimated that a majority of Nakuru residents are tenants. There are various types of available houses. These include flats/high rise buildings, maisonettes, bungalows, semi-detached, terrace housing, row housing and informal housing types. The spatial structure of housing and settlements in Nakuru has evolved from a zoning system based on socio-economic status, with low income areas having the highest densities, and low income areas the lowest.
In the low-income neighbourhoods, environmental hazards are increasing, since these areas have inadequate water supply, poor sanitation and garbage is rarely collected. There have been several outbreaks of diseases in some of these neighbourhoods as a result of the deteriorating environmental quality. The area to the west of the town has a geological fault line running through the estates of Kaptembwa and Kwaronda, causing soil subsidence in the rainy season resulting in deep gullies. Apart from the poor private housing in Kaptembwa, Kwaronda and other areas, the council public housing is in dire need of attention as it is poorly maintained. The inter-linkage between urban activities and the need to protect the lake and the park further complicates the planning of the town.
21 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER FOUR
4.0 POLICY, LEGISLATIVE AND REGULATORY FRAMEWORK
This chapter of the EIA Project Report highlights the relevant legal provisions which govern the process of EIA under which this proposed project falls. These provisions are broadly categorized as policies, legislations, regulations and administrative frameworks.
4.1 Policy Framework
This sub-section highlights the relevant environmental policies established by the Government of Kenya (GOK) for purposes of environmental protection towards the process of sustainable development. The GOK, through the ministry of environment, has established environmental policies which broadly aim at: • Encouraging respect for the environment by all and being mindful and taking care of the same; • Ensuring environmental issues are integrated with economic matters to attain sustainable development; • Reviewing and evaluating development plans to ensure they follow the set environmental guidelines/policies; • Encouraging the public to take part in environmental matters so as to enlighten them on the same hence improve on environmental performance.
The following are the environmental policies set by the GOK through the Ministry of Environment and Natural Resources to ensure the environment is safeguarded in all development aspects:-
4.1.1 National Environmental Action Plan (NEAP)
Established in 1990, this policy addresses the issue of social, economic and industrial activities and their impacts on the ecosystem as opposed to environmental sustainability. This policy also emphasizes environmental concerns to be accounted for in socio-economic developments. The EIA process was established in line with this policy and the key players in this were local authorities and other development partners.
4.1.2 Environmental and Development Policy (Sessional Paper of 1999)
This policy paper emphasizes development to take into account environmental factors and concerns. It also provides for an immediate EIA report to be prepared for any industrial venture or other development before implementation among others. This policy paper discusses the human settlement sector as a development issue, it also encourages recycling of residues and 22 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 participation of stakeholders in the management of wastes within their localities. About human settlement, the policy encourages better planning in both rural and urban areas and provision of basic needs such as water, drainage and waste disposal facilities among others.
4.2 Legislative Framework
This sub-section explains the various legal provisions which govern the processes of EIA and EA. Some environment related acts that have been created deal with specific areas of the environment such as water pollution, soil erosion, air pollution, resettlement among others. Before the establishment of Environmental Management and Coordination Act (EMCA) of 1999 and Environmental Impact Assessment and Environmental Audit regulations of 2003, environmental strategies were implemented through local authorities’ acts and policy statements. The EMCA Act led to establishment of NEMA which coordinates all environmental issues in the country and enforces environmental laws. The following is a highlight of some legal frameworks that govern this project.
4.2.1 Energy Act, 2006
Petroleum fuels constitute the main source of commercial energy in Kenya. Kenya is a net importer of Petroleum products and has a refinery owned and managed by the Kenya Petroleum Refineries Ltd an 800 km cross country oil pipeline from Mombasa to Nairobi and Western Kenya with terminals in Nairobi, Nakuru, Eldoret and Kisumu, run by the Kenya Pipeline Company. The sector has over 30 oil importing and marketing companies comprising of five major companies namely Shell, Total, Kenol/Kobil, Oil Libya, Chevron, and other emerging oil companies which include the Government owned National Oil Corporation. The sector, which was liberalized in 1994, has since seen a lot of growth and improvements in quality and level of service.
However, without an appropriate regulatory environment being in place at the time of liberalization (the existing legislation at the time was the Petroleum Act Cap 116 of 1948 with latest revision of 1972), several challenges face the sector which include proliferation of substandard Petroleum dispensing and storage sites which pose environment health and safety risks; diversion of Petroleum products destined for export into the local market by unscrupulous business people to evade tax and a dominance of the market by a few companies among others. The Government noted these challenges in its energy policy contained in Session Paper No. 4 of 2004 on Energy and recommended review of the Petroleum Act Cap 116 and other energy sector statutes and the introduction of a new energy sector legislation to cover Petroleum, electricity and renewable energy. It also recommended the formation of a single energy sector regulator to regulate electricity, downstream petroleum, renewable energy and other forms of energy.
23 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
The Energy Act was enacted in the year 2006. Section 4 of the Act establishes the Energy Regulatory Commission (ERC). The ERC is a single sector regulatory agency, with responsibility for economic and technical regulation of electric power, renewable energy and downstream Petroleum sub-sectors, including tariff setting and review, licensing, enforcement, dispute settlement and approval of power purchase and network service contracts.
Section 80 (1) of the Act requires any person conducting business involving importation, refining, exportation, wholesale, retail, storage or transportation of Petroleum to obtain a license before doing so. A Petroleum permit is also required for vehicles transporting Petroleum products. The designs of Petroleum storage facilities must also meet the standards stipulated in the Act. In addition, section 98 of the Act is emphasizes on the obligation of any person dealing in Petroleum products to comply with environmental, health and safety standards.
4.2.2 Environmental Management and Coordination Act, 1999
This Act came into force on 14 th January 2000. It aims at co-coordinating environmental protection activities in the country. In its preamble, the Act states that every person in Kenya has a right to a clean and healthy environment. Section 58 of the act requires that all new development projects undertake Environmental Impact Assessment (EIA) while section 68 requires all on-going projects to have an Environmental Audit with a view to finding out if the process and activities have any negative impact on the environment and to propose mitigation measures to counter such impacts The Act gives every person in Kenya a right to a clean and healthy environment. It also confers upon every person the duty to protect and safeguard the environment. Part V of the Act provides measures for protection and conservation of the environment.
Pollution of the environment through waste disposal, noise, dust, radiation, pesticides, and smells is prohibited. The Authority (National Environment Management Authority) may issue and serve on any person in respect of any matter relating to the management of the environment a restoration order to require the person on whom it is served to restore the environment as near as it may be to the state in which it was before the implementation of a project or action. Thus the polluter pays principle shall apply.
The Act also provides for heavy penalties on any person who commits an environmental offence under Part XIII. Section 148 provides that the Act shall prevail over any written law in force immediately before the coming into force of this Act, relating to the management of the environment.
Section 58 of the Act deals profoundly with Environmental Impact Assessment. The section requires that the project proponent shall apply for an EIA license to the authority (NEMA) after preparing a project report detailing the probable impacts of the project and the measures taken in the design, construction, operation and decommissioning phases of the project to mitigate 24 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 negative impacts. The application for an EIA license is in the form of a project report, where the authority is satisfied that the report discloses sufficient measures to mitigate negative impacts, it may issue a license, but in case where the authority is of the view that the project will have significant impacts on the environment and that the project report does not disclose sufficient measures to protect and conserve the environment, then the authority may require that a full EIA study be conducted. The projects which must undergo an EIA are listed in the second schedule to the Act and include facilities for storage of hydrocarbons and inflammable substances. Such projects are then required to submit to the authority
Environmental Audit (EA) reports on annual basis. Section 68(4) requires that the owner of premises or operator of a project shall take all reasonable measures to mitigate any undesirable effects on the environment.
In the Act, environment is defined in broader sense to include the physical factors of the surroundings of human beings including land, water, atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment. An environmental audit thus looks into both biophysical and socio-economic implications of a project.
4.2.3 The Environmental Management and Coordination (water quality) Regulations 2006
These regulations were formulated with the aim of protecting water sources from pollution and setting the standards for wastewater disposal. Section 12 (1) requires that every local authority or person operating a sewerage system or owner or operator of any trade or industrial undertaking obtain an effluent discharge license as stipulated under the EMCA and shall comply with the standards set out in the third and fourth schedule to these regulations. A discharge monitoring record shall be maintained. Any person discharging wastewater into public sewer or aquatic ecosystem is required to obtain a discharge license and regularly monitor quality of effluent.
4.2.4 The Environmental Management and Coordination (waste management) Regulation, 2006
The regulation requires licensing of transporters of wastes and operators of disposal site (sections 7 and 10 respectively). In section 14 (1) every trade or industrial undertaking is obliged to install anti- pollution equipment for the treatment of waste emanating from such trade or industrial undertaking. Developer shall ensure that the garbage collector contracted has a valid license from the National Environment Management Authority (NEMA).
25 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
4.2.5 The Environmental (Impact Assessment and Audit) (Amendment) Regulations, 2009
The regulations revised the Environmental Impact Assessment license fee from 0.1% to 0.05% of the total project cost. The regulations set the minimum license fee as Kshs. 10,000 and the maximum as Kshs 1,000,000.
4.2.6 The Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009
The regulations seek to control noise and vibration pollution generated from various sources. Regulation 13 prohibits any person from carrying out construction activities at night, if such activities are likely to generate noise above the levels set under second schedule of these regulations. Regulation 14(3) requires that any person carrying out construction, demolition, mining or quarrying work shall ensure that the vibration levels do not exceed 0.5 centimetres per second beyond any source property boundary or 30 metres from any moving source.
Regulation 15 requires that any person intending to carry out construction, demolition, mining or quarrying work shall carry out an EIA. During the Environmental Impact Assessment studies the regulations requires that natural resources, land uses or activities which may be affected by noise or excessive vibrations from the construction, demolition, mining or quarrying shall be identified. Secondly, the EIA shall determine the measures which are needed in the plans and specifications to minimize or eliminate adverse construction, demolition, mining or quarrying noise or vibration impacts; and, finally to incorporate the needed abatement measures in the plans and specifications.
Table 5: Maximum Permissible Noise Levels for Constructions Sites (Measurement taken within the facility) - second schedule. Facility Maximum Noise Level Permitted (Leq) in dB(A) Day Night i. Health facilities, educational institutions, homes for disabled etc. 60 35 ii. Residential 60 35 iii. Areas other than those prescribed in (i) and (ii) 75 65
4.2.7 The Occupational Health and Safety Act, 2007
The Act applies to all workplaces where any person is at work, whether temporarily or permanently. The purpose of this Act is to: Secure the safety, health and welfare of persons at work; and Protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work.
26 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
4.2.7.1 Safety
Fencing of the premises and dangerous work stations should be done. Workers must be trained on personal safety and how to handle equipments and machines. They should be provided with Personal Protective Equipment which should be worn at all times. Special precaution against gassing should be laid down for duties in confined spaces where people are liable to be overcome by hazardous fumes. Air receivers and fittings must be of sound quality and should be regularly maintained. There should be a fire risk and disaster preparedness plan clearly spelt out and implemented. Adequate fire extinguishers should be installed at every pump, in the office, escape route clearly marked and an assembly point provided and marked.
4.2.7.2 Health
The premises must be kept clean; dusting done daily and separate washrooms (Gents & Ladies) kept clean and in good working conditions and necessary facilities provided. The workstations must be adequately ventilated, with enough light to ensure workers are not subjected to any form of hazards while at work.
4.2.7.3 Welfare
Part X, 95. Every occupier shall provide and maintain so as to be readily accessible, a first-aid box or cupboard of the prescribed standard. Part II, 11. (1) .The occupier of a workplace shall cause a thorough safety and health audit of his workplace to be carried out at least once in every period of twelve months by a safety and health advisor, who shall issue a report of such an audit containing the prescribed particulars to the occupier on payment of a prescribed fee and shall send a copy of the report to the Director.
4.2.8The Weights and Measures Act Cap 513
This is the principal Act dealing with weights and measures in Kenya, it defines the standards and units to be used and the regulations to be adhered to. Section 20 makes it an offence for any person to use or possess or control for use for trade a weighing or measuring instrument not constructed to indicate in terms of weight or measure as authorized by the Act. The next section (section 21) prohibits use for trade any weight, measure, weighing or measuring instrument which is false or unjust. It further requires that the weights, measures, weighing or measuring instrument used for trade be examined, verified, stamped or re-stamped at least once in every year- section 27(1) and a certificate of verification be issued -section 27(7). It is under the provisions of this Act that the dispensing pumps at Filling stations must be examined and verified for their accuracy at least once in a year. Failure to do so is an offence under the Act.
Section 153 of the Act requires that every dispensing pump be marked with the identity or grade of the product that it is meant to deliver, and if it be the price-computing type shall display the 27 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
‘price per litre’ on every display panel. Under section 173(1) the pump shall be provided with one or more plugs, seals or sealing material to protect all stops or other adjustable parts affecting the quantity delivered.
4.2.9 The Water Act 2002
The Water Act is the principal legislation that provides for the management, conservation and control of water resources and for the acquisition and regulation of right to use water. The Act requires that a permit be issued for any abstraction of water and installation of water meters. This act also prohibits unnecessary wastage of water.
Pollution and illegal use of water are also prohibited and penalties provided for in the Act.
4.2.10 The Physical Planning Act
The physical planning Act no.6 of 1996 of the laws of Kenya is a legislative framework for systematic land use planning. The Act provides for the preparation and implementation of physical development plan for connected purposes. It establishes the responsibility for the physical planning at various levels of government in order to remove uncertainty regarding the responsibility for regional planning. The Act requires that the local authority to ask for an Environmental Impact Assessment for any further development activity. This is done in tandem with the provisions of the local government Act and the EMCA (1999).
4.2.11 The Public Health Act Cap 242
The public health Act regulates activities detrimental to health. The owners of the premises responsible for environmental nuisance such as noise and emissions, at levels that can affect human health are liable for prosecution under this Act. Non-compliance with the laid down regulations under the Act may lead to prosecution in a court of law.
An environmental nuisance is one that causes danger, discomfort or annoyance to the local inhabitants or which is hazardous to human health.
4.2.12 The Local Government Act Cap 265
Section 166 of the Act gives the local government the power to control the development and use of land and buildings in the interest of the proper and orderly development of its area. Under section 201 (1) of the Act, the local government is empowered to make by-laws in respect of all such matters as necessary or desirable for the maintenance of health, safety and well-being of the inhabitants of its area. The developer thus needs to be conversant with the council by-laws and to ensure compliance in the course of the project cycle.
28 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
4.2.13 The Wayleaves Act Cap 292
Under the Act, the government may carry any sewer, drain or pipeline into, through or under any land whatsoever but may not in so doing interfere with any existing building. Section 7 of the Act makes it an offence for any person who causes building to be erected over any sewer, underground electricity and telephone cables, drain or pipeline.
29 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER FIVE
5.0 PUBLIC PARTICIPATION
The broad objective of the Public Consultation Process was to provide the local population, statutory bodies, local organizations and interested parties with the opportunity to identify issues, concerns and opportunities regarding the proposed development. This allowed the EIA team to explain to the public and others how the project might affect them and receive feedback on particular concerns that they might have in order that subsequent studies undertaken and actions could reflect those concerns.
In conforming to the environmental legislation, public consultations were held using interviews, questionnaire survey and consultative meetings to inform project affected people that the project is being undertaken, to record and understand any concerns, and to allow the project to be designed and the EIA scoped so as to reduce any adverse impacts to an acceptable level; and on completion of EIA, to inform people of the outcome of the EIA to communicate how issues/concerns have been addressed; and to record, and where necessary act upon any further issues/concerns. Neighboring the site are several industrial facilities and developments of the same nature as the proposed project.
5.0.1 List of the people Consulted
Below is a list of the people whose opinions were sought as concerns the proposed project:
No. NAME ID No. / Phone No. 1. Solomon Muriithi Kibugu ID No. 2312659 2. James Kibugu Kioni ID No. 3629284 3. Simon Muigai Mwangi ID No. 20790827 4. Gerald Macharia ID No. 8612815 5. Alex Gitau Kinore Mobile - 0729577474 6. Jeremiah Irungu Mobile - 0700836492 7. James Mwangi Mobile - 0710185790 8. Zachariah Njuguna Mobile - 0712825086 9. Simon Ngugi Mobile - 0722916503 10. Simon Mungai Washosho Mobile - 0720268560 11. Simon Karanja Mobile - 0713649755
5.1 Analysis of the Public Consultation findings
From the public consultation it was evident that the project would be a welcome endeavor in the area of the project since majority of those consulted were of the opinion that the proposed project would be beneficial not only to the project proponent but also to the industrial facilities in the
30 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 area of the project and its environs. Majority of those consulted were in support of the project and hoped the proposed project would be allowed to be undertaken.
However, there are environmental and socio-economic issues that will need redress for the project to attain sustainability and viability. Below is the analysis of both the environmental and socio-economic issues that relate to the environment and some suggested remedies for the anticipated impacts:
5.1.1 Socio-Economic Issues
5.1.1.1Creation of Employment Opportunities
Several employment opportunities will be created for construction workers during the construction/installation phase of the proposed project. This will be a significant impact since unemployment is quite high in the country and particularly in Nakuru.
5.1.1.2 Provision of Market for Supply of Building Materials
The project will require supply of building materials most of which will be sourced locally in Nakuru and the surrounding areas. This provides ready market for building material suppliers such as hardware shops and individuals with such materials.
5.1.1.3 Increased Business Opportunities
The undertaking of the proposed project will mean that there will be an increase in business to the businesses dealing in the oil and oil products in the country.
5.1.1.4 Readily availing Oil Products for the nearby industries
The proposed project once operational will lead to the buying of oil and storing it for resale to the nearby industrial facilities who will be saved the trouble of having to go for oil from far areas. This will in turn lead to the reduction in production cost for the industries.
5.1.1.5 Fuelling of vehicles
Since there will be a fuelling station within the facility, both the clients’ vehicles and the proponent’s trucks will not have to cover longer distances to get fuelled hence helping in reducing the operational costs by cutting on the travel distance to refuel.
5.1.1.6 Revenue to National and Local Governments
Through payment of relevant taxes, rates and fees to the government and the local authority, the proposed project will contribute towards the national and local revenue earnings.
31 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
5.1.1.7 Improved Security
Security will be ensured around the proposed project’s site through distribution of suitable security lights and presence of 24-hour security guards. This will lead to improvement in the general security in the surrounding area.
5.1.1.8 Business Development
The proposed Project will be a needed boost to the local business development. This will help in encouraging private investment in business in the country and in Nakuru in particular.
5.1.2 Environmental Issues
Noise pollution, dust emission, air pollution, solid waste generation, and surface and underground water contamination are some of the major issues that would need to be addressed to ensure project sustainability. Instruments should therefore be put in place to handle these aspects of the project in a sustainable manner so as to ensure that no part of the environment suffers the consequences.
N.B: The filled questionnaires are attached.
32 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER SIX
6.0 POTENTIAL ENVIRONMENTAL IMPACTS
6.1 Introduction
This chapter outlines the potential negative and positive impacts that will be associated with the housing project. The impacts will be related to activities to be carried out during construction/installation of the project. The operational phase impacts of the project will be associated with the activities carried out by proponent and his clients, which will mainly be storing and selling of oil and oil products. In addition, closure and decommissioning phase impacts of the project are also highlighted. The impacts of the project during each of its life cycle phases (construction/installation, operation and decommissioning) can be categorized into: impacts on the biophysical environment; health and safety impacts; and socio-economic impacts.
6.2 Negative Environmental Impacts of Construction/Installation phase Activities
6.2.1 Extraction and Use of Building Materials
Building materials such as hard core, ballast, cement, rough stone and sand required for construction of offices, stores and security house will be obtained from quarries, hardware shops and sand harvesters who extract such materials from natural resource banks such as rivers and land. Since substantial quantities of these materials will be required for construction of the purposes, the availability and sustainability of such resources at the extraction sites will be negatively affected as they are not renewable in the short term. In addition, the sites from which the materials will be extracted may be significantly affected in several ways including landscape changes, displacement of animals and vegetation, poor visual quality and opening of depressions on the surface leading to several human and animal health impacts.
The proponent has proposed to order only the required building materials so as to minimize wastage of materials during the construction phase of the project. The proponent also intends to use some recycled materials to help cut on the cost and also to minimize on the material extraction.
6.2.2 Dust Emissions
During construction/installation, the project will generate substantial quantities of dust at the construction site and its surrounding. The sources of dust emissions will include excavation and leveling works, and to a small extent, transport vehicles delivering building materials. Emission of large quantities of dust may lead to significant impacts on construction workers and negatively impact on the activities of the nearby industries, which will be accentuated during dry weather
33 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 conditions.
The proponent and the contractor will ensure that speed limits are observed within the site of the project and that water is sprinkled on dusty grounds to help arrest dust.
6.2.3 Exhaust Emissions
The trucks used to transport various materials from their sources to the project site will contribute to increases in emissions of CO 2, NO and fine particulate along the way as a result of diesel combustion. Such emissions can lead to several environmental impacts including global warming and health impacts. Because large quantities of building materials are required, some of which are sourced outside the area, such emissions can be enormous and may affect a wider geographical area. The impacts of such emissions can be greater in areas where the materials are sourced and at the construction site as a result of frequent gunning of vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and offloading areas.
The contractor will ensure that the fuel used in running construction trucks and machines is of good quality so as to reduce exhaust fumes released into the atmosphere.
6.2.4 Noise and Vibration
The construction works, delivery of building materials by heavy trucks and the use of machinery/equipment including bulldozers, generators, metal grinders and concrete mixers will contribute high levels of noise and vibration within the construction site and the surrounding area. Elevated noise levels within the site can affect project workers and the neighbouring facilities, passers-by and other persons in within the vicinity of the project site.
The construction/installation work will strictly be done during daytime so as to avoid noise disturbances in the neighbourhood during night times. The proponent will also ensure that the machinery and trucks used during the construction/installation process are well tuned and maintained to help reduce the level of noise generated from the site.
6.2.5 Risks of Accidents and Injuries to Workers
Because of the intensive engineering and construction activities including erection and fastening of roofing materials, metal grinding and cutting, concrete work, steel erection and welding among others, construction workers will be exposed to risks of accidents and injuries. Such injuries can result from accidental falls from high elevations, injuries from hand tools and construction equipment cuts from sharp edges of metal sheets and collapse of building sections among others.
The proponent has proposed to put up a First Aid system to help deal with accident cases when
34 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 they occur.
6.2.6 Clearance of Vegetation
The proposed site currently contains just a single tree and some scattered grass. The proposed project may affect the grass but not the tree which serves as a shade for the workers and a habitat for organisms.
The proponent will ensure that clearance of the vegetation is limited only to areas that will be used for the construction/installation and operation of the proposed project. Once the construction phase is done, all the open spaces will be planted with grass and tree.
6.2.7 Oil Spills
Clearance of land and excavation works will lead to increase soil erosion at the project site and release of sediments into the drainage systems. Uncontrolled soil erosion can have adverse effects on the local water bodies.
The proponent will ensure that soil erosion control measures are in place so as to avoid soil erosion occurrences.
6.2.8 Solid Waste Generation
Large quantities of solid waste will be generated at the site during construction/installation of the storage tanks and related infrastructure. Such waste will consist of metal cuttings, rejected materials, surplus materials, surplus spoil, excavated materials, paper bags, empty cartons, empty paint cans and solvent containers, broken glass among others. Such solid waste materials can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on human and animal health. This may be accentuated by the fact that some of the waste materials contain hazardous substances such as paints, cement, adhesives and cleaning solvents, while some of the waste materials including metal cuttings and plastic containers are not biodegradable and can have long-term and cumulative effects on the environment.
The proponent will ensure that all the solid waste is cleared from the project site as soon as possible to prevent piling up. Waste receptors (bins) will be put in place to help in containing solid waste before they are cleared by a NEMA-licenced garbage company/individual.
6.2.9 Energy Consumption
The project will consume fossil fuels (mainly diesel) to run transport trucks and construction machinery. Fossil energy is non-renewable and its excessive use may have serious environmental implications on its availability, price and sustainability. The project will also use electricity
35 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 supplied by Kenya Power and Lighting Company (KPLC) Ltd. Electricity in Kenya is generated mainly through natural resources, namely, water and geothermal resources. In this regard, there will be need to use electricity sparingly since high consumption of electricity negatively impacts on these natural resources and their sustainability.
The proponent will ensure that energy is used sparing all the phases of the project so as to ensure sustainability in energy use in the project. The workers will be sensitized on the need to save on the use of electric power.
6.2.10 Water Use
The construction activities will require large quantities of water that is supplied by Water Company or borehole. Water will mainly be used for concrete mixing, curing sanitary and washing purposes. Excessive water use may negatively impact on the water source and its sustainability.
Water use will be monitored closely to ensure that there is no wastage of water during the construction and operational phases of the project. The contractor will recycle water for use in such duties as sprinkling to arrest dust.
6.3 Positive Environmental Impacts of Construction phase Activities
6.3.1 Creation of Employment Opportunities
Several employment opportunities will be created during the construction/installation phase of the project. This will be a significant impact since unemployment is currently very high in Nakuru and the country at large.
6.3.2 Provision of Market for Supply of Building Materials
The project will require supply of large quantities of building materials most, of which will be sourced locally in Nakuru and the surrounding areas. This will provide ready market for building material suppliers such as quarrying companies, hardware shops and individuals with such materials.
6.3.3 Increased Business Opportunities
During the construction/installation period, a lot of materials will be required. These materials will be obtained from Nakuru and its surrounding hence increased business for the local traders in these areas.
36 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
6.4 Negative Environmental Impacts of Operational phase Activities
6.4.1 Solid Waste Generation
The project is expected to generate enormous amounts of solid waste during its operation phase. The bulk of the solid waste generated during the operation of the project will consist of soil mixed with oil, oil and oil products, cartons, e.t.c. Such wastes can be injurious to the environment through blockage of drainage systems, choking of water bodies and negative impacts on animal health. Some of these waste materials especially the plastic/polythene are not biodegradable may cause long-term injurious effects to the environment. Even the biodegradable ones such as organic wastes may be injurious to the environment because as they decompose, they produce methane gas, a powerful greenhouse gas known to contribute to global warming.
Solid waste will be stored in the provided waste receptors e.g. bins, before being collected for dumping by a contracted garbage collector who is licenced by NEMA.
6.4.2 Oil Spills
Since the proposed project involves handling of oil and oil product, especially when emptying the oil delivering trucks into the storage tanks and when loading oil the oil bought by the proponent’s clients into their transport trucks, there is likelihood that due to human error or pump malfunction, oil may spill. This if not monitored and the situation arrested in time may lead to adverse impacts on both underground and surface water bodies.
The proponent will ensure that appropriate measures are in place to immediately address the issues of oil spills when they do take place. For instance, any oil spills will be cleared immediately so as to avoid the cases of oil contaminating water bodies.
6.4.3 Increased demand for sanitation
The proposed project will mean an increase in the number of people that will be on site as compared to the current situation. This will in turn lead to increased demand for sanitation and sewage disposal.
The proponent has proposed to include sanitation facilities such as latrines in the Plan and to provide receptors for holding solid waste before it is dumped.
6.4.4 Energy Consumption
During operation, the project will use a lot of electrical energy mainly for lighting and running of pump equipment. Since electricity generation involves utilization of natural resources, excessive electricity consumption will strain the resources and negatively impact on their sustainability. A stand-by diesel generator will also be used to supplement on the availability of electricity.
37 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
The proponent will ensure that energy use is closely monitored and well managed so as to save on energy use.
6.4.5 Water Use
The domestic activities during the operation phase of the project will involve the use of water.
Water will be used sparingly during the operational phase of the proposed Oil Storage project development.
6.5 Positive Environmental Impacts of Operational phase Activities
6.5.1 Readily availing Oil and Oil Products
The project will provide storage facility for oil bought from oil suppliers. This stored oil will then be sold to the nearby industries in the project area. This will lead to the reduction in the cost of production of goods.
6.5.2 Employment Opportunities
Some people will be employed by the project as management agents, pump operators, caretakers, cleaners, security personnel and technicians.
6.5.3 Revenue to National and Local Governments
Through payment of relevant taxes, rates and fees to the government and the local authority, this development project will contribute towards the national and local revenue earnings.
6.5.4 Improved Security
Security will be ensured around the project area through distribution of suitable security lights and presence of 24-hour security guards. This will lead to improvement in the general security in the surrounding area.
6.5.5 Provision of parking facility
The proposed project is going to have a space reserved for a parking of both the proponent’s and the clients’ trucks.
6.6 Negative Environmental Impacts of Decommissioning phase Activities
6.6.1 Solid Waste
Demolition of the project facility and related infrastructure will result in large quantities of solid 38 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 waste. The waste will contain the materials used in construction including concrete, metal, drywall, wood, glass, paints, adhesives, sealants and fasteners. Although demolition waste is generally considered as less harmful to the environment since they are composed of inert materials, there is growing evidence that large quantities of such waste may lead to release of certain hazardous chemicals into the environment. In addition, even the generally non-toxic chemicals such as chloride, sodium, sulphate and ammonia, which may be released as a result of leaching of demolition waste, are known to lead to degradation of groundwater quality.
The proponent will ensure that all the solid waste realized during the decommissioning phase is collected from the site for dumping by a contracted garbage collector who is NEMA-licensed to carry out such activities in Nakuru.
6.6.2 Dust
Large quantities of dust will be generated during demolition works. This will affect demolition staff as well as the neighboring community.
Dust emission during this phase of the project will be dealt with by putting barriers to prevent the spread of dust and also by sprinkling water to arrest dust so as to prevent emission into the atmosphere.
6.6.3 Noise and Vibration
The demolition works will lead to significant deterioration of the acoustic environment within the project site and the surrounding areas.
The contractor will carry out the demolition work during the day so as to avoid causing unnecessary disturbances for the neighbours.
6.7 Positive Environmental Impacts of Decommissioning Activities
6.7.1 Rehabilitation
Upon decommissioning the project, rehabilitation of the project site will be carried out to restore the site to its original status. This will include replacement of topsoil and revegetation that will lead to improved visual quality of the area.
6.7.2 Employment Opportunities
Several employment opportunities will be created for demolition staff.
39 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER SEVEN
7.0 ANALYSIS OF PROJECT ALTERNATIVES
In considering the development options, four alternatives can be considered. These are: • The ‘No Project Alternative’ • The proposed development • The proposed development with modifications • The proposed development in another location
7.1 ‘No Project’ Alternative
The selection of the ‘No Project’ option would mean the discontinuation of the project implementation and result in the existing form. There are physical, biological and socio- economic implications of this alternative. This option is likely to have the greatest implication on the socio-economic environment of the area and its environs. Due to the proposed quality of the project, it is anticipated that it would provide a major opportunity for employment, revenue, benefits associated with the oil industry in Kenya. In addition, a development of this caliber will add to the community’s ability to develop as well as attracting external investors. This would spur development in the area. Increased community conflicts which would promote insecurity and a negative image of the area would repel potential investors. If this alternative were adopted, the proponent would need to find an alternative site for the development or decide to search for other areas. This is likely to hinder development.
7.2 The Proposed Development
This proposal would see the construction and installation of oil storage tanks and associated facilities as is proposed by the proponent and as outlined in this EIA project report. This option has good support by the persons who would be most affected by its implementation, i.e. industries within Nakuru’s Industrial Zone. Therefore, support is anticipated for the proposed project development. Generally, it is believed that this alternative will provide positive benefits to the proponent, Kenyans and the Government through generation of revenue. These include benefits such as employment opportunities, source of income, and reduction in the cost of production of commodities for the industries using oil and oil products as sources of energy for production purposes.
7.3 The Proposed Development with modifications
If there are issues concerning the project that may be enhanced, changed or modified to increase the acceptability of the project, then these issues should be considered. At this time based on consultations carried out, it appears that there are no major issues, once these issues are solved 40 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 amicably, whether through modification or compromise; the support for the proposed project would further increase. These include, but are not limited to:
• Damage to the road network • Noise and Water pollution, • Oil spills, • Surface and underground water contamination, • Air pollution, • Increased waste generation, • Increased water demand
These issues and others are easily resolvable through either modification or compromise and we do not foresee these issues resulting in disapproval of the development by interested groups and regulatory agencies. The proponent has resolved to operate an efficiently run project that will be the pride of all involved. This alternative retains the same positive benefits as with maintaining the proposed project option.
41 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER EIGHT
8.0 IMPACTS MITIGATION AND MONITORING PLAN
8.1 Introduction
The proponent will incorporate mitigation measures into the activities of the project. The proponent will ensure that mitigation measures proposed in this report are implemented. Once the project comes into operation, the Health and Safety issues as well as environmental considerations will be handled by the proponent. The project should be implemented in such a way that will include issues of environmental considerations and issues affecting the project, implementation of environmental management plan, project management, health risks and their prevention. Others include the following: • Organizational practices • Project management • Socio-economic issues relating to access and use of road and natural resource. • Financial management. It is expected that the above will be necessary immediately the project starts operating.
42 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
TABLE 8.1: SHOWING ENVIRONMENTAL MANAGEMENT PLAN (EMP) ENVIRONMENT PROPOSED MITIGATION MEASURE RESPONSI ILITY TIMEFRAME COST AL IMPACTS FOR INTERVENTION /MONITORING Increase demand Only order the required raw materials to prevent wastage, The proponent During the As per the for building Use some of the recycled materials for the proposed Project, and the contractor construction quotation materials phase Solid Waste Provide receptacles for solid waste disposal (such as bins), The proponent Once every 4,000 per Generation Implement a waste segregation program, and the contractor month month Identify opportunities for waste re-use, Engage a NEMA-licenced waste disposal company for off-site waste disposal, Send wastes that can be recycled to licenced recycling companies, Adherence to waste management regulations under EMCA, Sensitize construction workers and staff on proper waste disposal, Adhere to Nakuru County Council By-Laws on waste disposal. Encourage segregation of waste from the source and use the 3R Waste Management Approach: Reduce, Reuse and Recycle, Dust and Air Ensure onsite speed regulations for haulage trucks, The proponent During the 25,000 Pollution Sprinkle water on graded access roads when necessary to reduce dust and the contractor construction/ins generation by construction vehicles, tallation and Use of protective gear is necessary, operation Ensure there is no open burning of wastes, phases Prohibit idling of vehicle engines, Sensitize workforce on dust and emission reduction, Maintain work equipment to proper working condition, Adhere to provisions of air quality regulations. Increased demand Efficient use of water, The proponent During the 50,000 for water Identify water saving opportunities, and the construction Annually
Create water saving awareness among residents, worshippers and staff, contractor and operation
Monitor water utilization in the oil storage facility on a monthly basis. phases
43 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
Oil Spills Clear up spilled oil as soon as possible, The proponent During 55,000 Repair the oil tanks and pumps to prevent oil spillages and leakages, and the construction/In Construct a wall around the above-ground storage tanks to contain the spread Contractor stallation and of spilled oil, operational
Cement the areas around the storage tanks to prevent the spilled oil from phase reaching the underground water through percolation, Increased Effluent Direct all liquid waste into the pit latrine, The Proponent During the 20,000 Generation Properly construct the drainage system of the property, operation phase annually Recycle waste water where necessary. Land Degradation Identify sites to be reinstated and rehabilitated, The proponent During the 50,000 Open pits to be filled up once the construction/installation is complete, and the contractor construction Use appropriate soil erosion control methods, phase Once all solid waste is cleared, the site should be landscaped, Plant trees at appropriate place to act as pollution screen. Depletion of Minimal vegetation removal, The Contractor During the 55,500 Vegetation Replanting of vegetation where removed and in all open spaces, construction Carry out landscaping and tree planning within the project site and along the phase perimeter fence. Use of Energy Take advantage of natural lighting and ventilation as much as possible to The Contractor In all the phases As per the minimize artificial lighting and ventilation, and the Proponent of the project energy Consider installing solar energy harvesting facilities, consumed Install energy saving devices including bulbs and other electrical appliances, Provide backup source of energy, Monitor energy consumption in the proposed project facility, Establish targets for efficient energy use, Create awareness among staff and residents on energy saving. Damage to the Contractor to consult community and relevant authorities before beginning any The Contractor During the 100,000 access road works, Construction network Control speed of construction vehicles and impose speed limits, phase Incorporate integrated planning and management, Transport trucks to use designated access roads when bringing materials to the site of the project. Access road maintenance shall be an ongoing concern Occupational Creation of safety and health awareness among construction workers, The Contractor Throughout the 85,000
44 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
Health and Safety Engagement of competent workers, and the Proponent Project Cycle Impacts Provision of suitable and adequate personal protective equipment to staff, Use of correct and well-maintained tools, equipment and machinery, Provision of first aid kit on site, Periodic site safety inspections, Insurance cover for workers, Adherence to provisions of OSHA, 2007, Record and report any accidents on site. Noise and Sensitize workforce of the relevance of using PPE, The Contractor During the 50,000 Vibration Inform and sensitize the local community of the proposed project, Construction All trucks transporting materials shall switch off engines while at the site. phase Hours of transporting material to site is shall be between 6:00 AM and 6:00 PM Material transport trucks shall be well maintains so as not to emit excessive noise Fire Risks Provide suitable and adequate firefighting equipment, The Proponent During the 120,000 Train workers on fire fighting, Operational Develop a fire emergency response procedure, phase Designate fire assembly point, Adhere with the provisions of the fire risk reduction rules, 2007, Carry out periodic fire drills and fire safety audits, Ensure regular testing of electrical writing, Ensure safe handling of fire, Designate smoking areas and provide ashtrays where smoking is allowed, Obtain fire clearance certificate from the Nakuru County Council
45 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER NINE
9.0 DECOMMISSIONING PHASE
It is necessary to outline some basic mitigation measures that will be required to be undertaken once all operational activities of the Proposed Oil Storage facility project has ceased. The following will be necessary during this phase of the project:
• Appropriate vegetation and crops re-planted on open spaces e.g. parking yards. • All waste should be collected and disposed of appropriately. • All efforts should be made to ensure that all excavated sites are restored as near as possible to the state in which it was before according to EMCA section 108.
46 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER TEN
10.0 CONCLUSIONS AND RECOMMENDATIONS
If the proposed mitigation measures are incorporated during construction/installation and operation stage, the project is good for the infrastructural and economic development of Nakuru County. In addition to that, the project will provide job opportunities, livelihoods and economic gains to the stakeholders.
47 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
CHAPTER ELEVEN
11.0 AUXILLIARY INFORMATION
11.1 The project cost
The project cost has been estimated at KShs. 20,000,000.00 (Kenya Shillings Twenty Million only).
NEMA fee 0.05% of the cost of the Proposed Project is KShs. 10,000.00
11.2 Monitoring Guidelines
Continuous observations and assessment is essential so that if foreseen safety dangers are noticed, alternatives must be sort for. Risk assessment of fire outbreaks should be considered in planning for the proposed project. Waste management in the Oil Storage facility should be strictly followed. Mitigation measures of oil spills and storm water management are essential. Safety standards should constantly be maintained, in brief, monitoring guidelines could be based on the following parameters;
• Flora and Fauna life including the species of either that is in the surrounding • Health and safety measures using such standards as ISO 14000 and EMS and the laid down regulatory framework, • Safety and fire preparedness, • Waste management • Examine the changing land use patterns including those of residential ecological and economic purposes • Accidents and risk assessment arising from the use of water, roads, electricity and or any other amenity.
11.3 Reporting
Constant reporting is necessary to ensure the project is executed as per the intended designs. The safety officer should always remain on site to report any safety concerns for urgent mitigation measures. He should also at all times enforce safety requirements as per the relevant legislations. The contractor must consult the architect to maintain a clear understanding of all the aspects of the project.
11.4 Conclusion and recommendations
During the preparation of this report for the development of the proposed project, it was observed and established that the most of the negative impacts on the environment by the proposed project would not pose any dangers if the proponent adheres to the mitigation
48 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095 measures suggested in the EMP. The positive impacts are highly rated and will benefit all stakeholders of the proposed project. The project proponent has proposed to adhere to prudent implementation of the environmental management plan. He is obtaining all the necessary permits and licenses from the relevant authorities and has qualified and adequate personnel to undertake the project as proposed. He has proposed adequate safety and health mitigation measures as part of the relevant statutory requirements.
The proponent should therefore be licensed to implement this project subject to adherence to the Environmental Management Plan proposed in this report and the statutory requirements.
49 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
11.5 APPENDICES a. Land Ownership documents, b. A copy of the proponent’s PIN document, c. A copy of the lease agreement document, d. Duly filled questionnaires.
50 Located at: Kitengela along Namanga Rd RIVA Petrol Station Building, First Floor, Room No. 5 Next to Family Bank Kitengela P.O. Box 106-00204 Tel: +254733638095
11.6 REFERENCES
1. Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act number 8 of 1999. Government printer, Nairobi 2. Kenya gazette supplement Acts Building Code 2000 by government printer, Nairobi 3. Kenya gazette supplement Acts Land Planning Act (cap 303) government printer, Nairobi 4. Kenya gazette supplement Acts Local Authority Act (Cap 265) government printer, Nairobi 5. Kenya gazette supplement Acts Penal Code Act (Cap 63) government printer, Nairobi 6. Kenya gazette supplement Acts Physical Planning Act, 1999 government printer, Nairobi 7. Kenya gazette supplement Acts Public Health Act (Cap 242) government printer, Nairobi 8. Kenya gazette supplement Acts number 56. Environmental Impact Assessment and Audit Regulations, 2003. Government printer, Nairobi 9. Nairobi District Development plan (2004-2008). Ministry of planning and National Development. Government printer. Nairobi
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