National Environmental (Food, Beverages and Tobacco Sector) Regulations, 2009

extraordinary Federal Republic of Nigeria Official Gazette k , \o . 65 A bu ja -14 tli October, 2009 Vol. 96 ( / Government A W /< r 4Vr». T.S'6 ; ' * * The follow ing is published as Supplement lo this Gazette : k S. I. No. Short Title Page 33 National Environmental (Food, Beverages and Tobacco Sector) Regulations, 2009 .. .. ....................................... B 1211-1248 Printed and Published by The Federal Government Printer, Abuja, Nigciv FG P106/ i 02009/1,000 (OL 59) ^ A nnual S u b s c r ip t io n fr o m 1st J a n u a ry , 2 0 0 9 is L o c a l : N 1 5 .0 0 0 .0 0 O v er se a s : N 2 1 .5 0 0 :0 0 0 (S u rfa ce (/V/1-1 ^ ^ M . O O [ S e c o n d C la s s A ir M a il) . P resen t is su e N 5 0 0 .0 0 per co p y . S u b scr ib ers w h o w ish to ob ta in a //< * a licr 1st J a n u a ry s h o u ld a p p ly lo th e F ed era l G o v ern m en t Printer, A b uja For a m en d ed S u b scr ip tio n s. NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY ; (ESTABLISHMENT) ACT, 2007 NATIONAL E N V IR O N M E N T A L (FOOD, BEVERAGES AND T O B A C C O SE C T O R ) REGULATIONS, 2009 Regulations Part I 1. Environmental G overnance 2. Planning 3. Emergency Response Plan 4. Installation o f Anti Pollution Equipment 5. Polluter Pays Principle 6. Best Practices ' 7, Pollution Control Organisational System 8. Buy back or Extended Products Stewardship Programme 9. Chemical Usage 10. Banned or Restricted C hem icals 11. Permit 12. Management of Oil Station and Fuel Dumps Site ’ 13. Equity 14. Community Relations 15- Effluent Limitation Standard lh. Restriction on the re lease o f Toxic Effluent 17. Treatment o f Effluent I**. Sludge Disposal S tandards 19. Emission ^ Emission Control A rra n g em en t or R egulations / I i' * 21. Treatment Technologies 1 22. Noise Standards 23. Noise Abatement 24. Hearing Conservation Program 25. Noise Monitoring Part II—Sampling Procedures 26. Collection and Analysis of Samples 27. Spot Sampling for Physical or Chemical Parameters 28. Composite Sampling for Physical or Chemical Parameters 29. Sampling for Licence Classification f 30. Sampling for other Parameters 31. Sampling for Microbiological Analysis 32. Air Sampling for Analysis 33. Noise Measurements Part III—Permits (General Provision) 34. Procedures for Licensing and Permit Part IV— Industrial Effluent or A ir E mission Monitoring and Reporting 35. ■ Reporting Requirements 36. Authorized Signatory 37. Monitoring Records 38. Fees .39. Confidential Information and Public Access to Records Part V—Enforcement 40. Duty of the Agency to Ensure Compliance with Conditions ■41. Enforcement Notices 42. Enforcement Notice Reminder 43. Suspension of Permit ' / . * p ART VI— O ffences 44 Contravention of Permit Condition 45. False Statement 46. Failure to comply with Abatement Measures 4 7 . Failure to Report 48. Discharge o f Effluent Beyond Permissible Level Part V I1— P enalty 49. Penalty Part VIII— IncenYives 50. Recognition for Environm ental Leadership 51. Performance Criteria and Rating 52. NESREA C om pliance Award 53. NESREA G reen M ark Part IX— Interpretation, etc 54' Interpretation 55- Citation. SCHEDULES / B 1215 ' • » •: S. I. 33 of 2009 NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL E N V IR O N M E N T A L (FOOD, BEVERAGES AND T O B A C C O SECTO R) REGULATIONS, 2009 In exercise o f ( l ie p o w e rs c o n fe r re d on m e by Scclion 34 o f (lie N iiliom il Kiiviroimicnlal S laiuhircls and Regulations Enforcem ent Agency (Establishment) Act, 2007 and a ll o th e r p o w e rs e n a b lin g m e in th a t beh a lf, I, John Odkv, M in is ter of Knvironnieiit h e re b y m a k e th e fo llo w in g R e g u la tio n s : |3(V/i September. 20091 Commence / t ' menl . l .Thc purpose o f tjiese Regulations is to prevent and minimize pollution from all operations and ancillary activities of Food, Beverages and Tobacco Companies to the Nigerian environment. Knviron incnlnl ( ioxTrnana*. 2.— (l) livery C om pany shall submit to the Agency— (a) Environmental Impact Statement (E1S) for new industries and major developmental projects before commencement of operations. (/^ Environmental Audit Report (EAR) for existing industries.every 3 years. (c) Environmental M anagem ent Plan (EMP) as contained in Schedule IX. (2) Companies and investments in the sector shall apply up-to-date, cost effective, efficient c leaner technologies to minimize pollution to the highest degree practicable. (3) The National S tandards for effluent or emission limitations represent minimum standards and different effluent standard shall he required based on the condition of the receiving medium. ' (4) Industries em phasis on environmental planning shall he to prevent or reduce or eliminate pollutants at source and less emphasis shall only he placed on external hardware, w hich are eiul-ol-pipe mechanisms. (S) livery C om pany shall reduce the amount of packaging material used 1UK' ihe use of (he three ‘R s% namely Reuse, Recover and Recycle shall he shictly enforced. Schedule IX. Response B 1216 Emergency Response Plan. Schedule VIII. Installation ol anti p o llu tion equipm ent. Polluter Pays Principle. Best Practices Schedule VI. 3.—-(1) Every Company shall plan and set up -machinery for combining pollution hazard and maintain equipment in the event o f an emergency. 2. Every Company shall for the purposes o f sub-regulation I of this regulation, have an emergency plan and a slock o f pollution response cquipincni which shall be readily accessible and available to com bat pollution hu/aidsin the event of.accidents such as accidental discharges as specified in Schedule Vlll to these Regulations. 3. The owner or operator of a facility shall prepare an emergency response plan that describes the measures to be taken in respect of the discharge of deleterious subslabcc; to prevent any deposit or discharge out of the normal course of events of such substance and to mitigate (lie effects of such a deposit or discharge. The emergency response plan shall include such details as slated in Schedule VIII to these Regulations. 4. —(1) Every Company shall install anti-pollution equipment for the detoxification of effluent and emission em anating from it so as to meet the prescribed effluent and emissions standard. / (2) The installation of anti-pollution equipment made pursuant to sub­ section I of this section shall be based on the Best Available T e c h n o lo g1 (BAT) or the Best Practicable Technology (13PT). 5. —(I) The Pollutcr-Pays-Principfc shall apply to every company lM pollutes. ./ , (2) The collection, treatment, transportation and final disposal of wastes | shall be the responsibility of the company generating the wastes wilhin the F. specified standards and guidelines. (3) In the event of an incident resulting in an adverse impact null'1 environment whether socio-cconomically or health wise, (he com pany^ be rcsponsible/for— (f/) the cost of damage, assessment, control and clcan-up : (/;) remediation; (c) reclamation or restoration ; (cl) compensation to affected parlies ; and (e) cost of damage assessment and control. 6. —(1) Implementation of cleaner production processes and pollû prevention measures must he em ployed to y ie ld econom ic, social ■' environmental benefits as specified in Schedule VI to these R egula tions ^ (2) Pollution prevention programmes shall focus on reduction ol ‘|Sl water and more efficient use of process chemicals. B 1217 (3). All recyclable, damaged and disused packaging materials such as glass, plastics, metals, paper, wood, nylon, etc., shall be recycled. : 7. —(1) Each Company shall pul in place organizational system for pollution control, assign environmental Pollution Control Manager (PCM) to oversee pollution control and prevention duties. The organisational system shall be as described in Schedule XI to these Regulations. (2) In addition to capacity building schemes, lecture courses and assessments shall be conducted to help environmental pollution control managers and operators to obtain required qualifications and certification hv« * the Agency as prescribed in Schedule XI to these Regulations. ■ 8 . - (1) All manufacturers and importers of various brands of products shall establish a Buy Back Programme for bottles and other packngings for products and subscribe to an extended products stewardship programme as staled in Schedule X to these Regulations. • (2) 'File Agency shall work with the sector to achieve this Buy Back Programme within a-period of three years. 9.—(I) Every Company shall submit to the nearest office of the Agency the following information— (a) a list of the chemicals used in the manufacture of its products ; (b) details of stored chemicals and storage conditions. (c) a list of obsolete or abandoned chemicals and the proposal plan for their environmentally sound management. (2) Every Company shall ensure that the use of— («) organic solvents are minimized ; (/;) ozone-depleting substances are in accordance with the provisions of Ihc National Environmental (Ozone Layers Protection) Regulations made pursuant to the NESREA Act. 10. Use of restricted chemicals must be with a permit from the Agency *,fi clearly staled in the National Environmental (Chemicals, Pharmaceuticals, and Detergent Manufacturing Industries) Regulations, made pursuant 10 (,ic NESREA Act. 11.—( I) All permits (notices, order, consent or demand) shall he in writing (2) No company shall — Pollution Conlml Orgamsaln iit;il .System. .Schedule XI. l i n y P a r k a n d e x t e n d e d P r o d u c t s S t e w a r d ship. .S c h e d u le X . C h e m ic a l u s e . liamied nr Restricted Chemicals. B 1218 V M a n a g e m e n t o f o i l s ( ; i l io n a n d fu e l d u m p s s i t e . Ktjtiily, O n n i m i n i l y R e l a t i o n s . IE ff lu c n t L i m i t a t i o n S t a n d a r d S c h e d u l e I. (a) discharge or cause to be discharged any d iluen t, or oil in any fnr,n into water system, public drains, or underground injection or land without permit from the Agency ; (/;) release hazardous or toxic substances into the water or land orairnf Nigeria’s ecosystem beyond the permissible limits as set out in Schedule I in these Regulations. (3) Application for a permit is as set out in Part 3 to these Regulations. i (4) The permit forms shall be as set out in Schedule XIII to these Regulations or as specified by the Agency. 12. —(I) There shall not be contamination arising from leakage of surface or underground oil or fuel or chemicals storage tank likely to cause pollution of the environment including surface water and groundwater. (2) A company shall have an impermeable base for any ancillary equipment and provide an appropriate bund wall in the event of any unanticipated discharge or spillage. 13. Every Company shall be given equal treatment without preference as far as inspection and enforcement of relevant laws arc concerned. 14. Kvery Company shall have a sustainable community relations programme. i ErrcuiiNT 15. —(I) The National Environmental Standards in relation to effluent \ limitations for the environment shall be as set out in Schedule I to these Regulations. (2) Any diluent shall be deemed to be non-compliant and polluted if— (a) the concentration of any of its parameters exceeds the permissible limits as specified in the first column of Schedule I to these Regulations; (h) it does not comply with the corresponding limit specified in iIk* second or third column of Schedule I to these regulations, as the ease may be; (e.) it is discharged from*a facility without pre-treatment. (3) Such an effluent as mentioned in sub-regulation (2) of this regulaiio'j shall not be discharged from a company, without pre-treatment to undo11,1 standard set out in Schedule I to these Regulations. B 1219 16.—-(1) No Com pany shall discharge effluent onto land, into a watercourse or into a w ater body unless the company ensures that the parameters of the effluent do not exceed the permissible limits set out under Schedules l and IV to these Regulations. (2) Notwithstanding sub-regulation (1) of this regulation, no company shall discharge or cause to be discharged any effluent into a water system used or earmarked as source of portable water supply. R e s i r i e l i o n o n ( l i e r e l e a s e o f ' t o x i c l i f f l u c n l S c h e d u l e s I a n d IV . (3) Notwithstanding sub-regulation (1) of (his regulation, any company using an influent, the limits of concentration or value of any of the parameters of which exceeds the permissible limit for that parameter set out in Schedule I to these Regulations shall ensure that the concentration or value of the parameters of the effluent conforms to the prescribed standard. J7.—( 1) Companies that discharge effluent into the environment shall treat the effluent to the permissible level as specified in Schedule 1 to these Regulations, to ensure assimilation by the receiving medium. T r c a l m c n l o l c l l i u c m . (2) Every company sh a ll: (a) carry out effective treatment a operating. the time that (lie plant or unit is (b) ensure environmentally sound management of sludge containing heavy metals or other toxics and dispose same in a landfill or designated disposal site as approved by the Agency. (c) ensure the treatment and disposal of toxic organics contained in both effluent and sludge in a manner approved by the Agency. (d) No company shall dilute effluent to achieve the standards contained in Schedule I to these Regulations. (3) Treated effluent should be Irihalomcthancs-IYcc. (4) Granular Activated Carbon (GAC) or any other approved material sball be used to eliminate chlorine and trihalomcthanes in water processing. (3) Wastes that contain toxic organics shall be subjected to thermal organics and mini manner lls prescribed by the Agency. I,cainicnl to effectively destroy or remove over 99.99% of toxic ling residue shall he disposed of in an environmentally si B 1220 Sludge Disposal Schedule II. E m is s i o n S t a n d a r d s S c h e d u l e I I I . Emission Control S c h e d u l e I I I . 18.—(1) No facility shall discharge sludge and any discharge to any part of the environment sludge disposal licence. I directly into any ww is prohibited except (2) Sludge disposed of onlo land shall be classified and lum̂ jls components shall exceed (he prescribed limit in Schedule 11 jn ^ Regulations. (3) Any other sludge beside purely domestic (organic) sludge and purely agricultural (organic) sludge will be treated as hazardous waste if it eouiaj„s hazardous substances. (4) Hazardous Sludge shall be treated and disposed off i approved by .the Agency. n a secure landfill E m is s io n s 19.-^-(l) Every Company shall comply with the prescribed Emission Standards in Schedule III to these Regulations. (2) The Company shall he required to quantify and report sources and emissions data and also undertake emission reduction and implementation plan which shall be reviewed every three years by the Agency. . ; 20 .—(I) A Company with any source or potential source maybe ra |iu ra l.. to measure the emission of every priority air pollutant emitted there from and to develop and implement a plan to control such emission in accordance with the standards as prescribed'in schedule III to these Regulations. (2) Any Company that causes or allows the generation of any odour from any source, that unreasonably interferes, or is likely to unreasonably interfere, with any oilier person’s lawful use or enjoyment of his property shall use recognized best practices and procedures to reduce such odour in a reasonable minimum level, including any method lor reducing odour as may be specified by the Agency. (3) No Company shall burn, or permit to be burned, light fuel oil conlninii? • over 0 .5 % sulphur by weight as fired in an existing source or in a new source (4) No Company shall burn, or permit to be burned, medium fuel ^ containing over 1. 1% sulphur by weight as fired. (5 ) Notwithstanding, heavy fuel oil with no more than 3% sulphuring be burned at a new or existing facility with new fuel co m b u s tio n sources()| •' combination of new and existing fuel combustion sources i f : 13 J 221 {(i) one or more of such sources operate so that sulphur d’roxidc is absorbed by virtue of coming in contact with a product or with a scrubbing device or other material ; and (/;) the actual total sulphur dioxide emissions from the entire company facility are less than the allowable sulphur dioxide emissions. 21.—(I) A Company which discharges gaseous emission shall treat it to the permissible level as prescribed in Schedule III to these Regulations. (2) Treatment can be achieved through the use of appropriate treatment technologies for minimizing the release of significant pollutants to the air, these include: (a) slack gas scrubbing, carbon absorption or combustion (for toxic organics), (/;) bag houses (for particulate matter removal) (c) biological filters. {(I) cyclone or any other appropriate technology. N o i s e 22. Every Company shall evaluate its installations and ensure that routine controls arc sufficient to prevent risks of noise pollution. 23. Noise abatement measures must be in place to achieve either the levels prescribed in Schedule V to these Regulations ora maximum increase in background levels of 3 decibels (measured on the A scale) [dB(A)|. 24.—(I) Every Company shall administer a continuing, effective hearing conservation program, whenever employee noise exposures equal or exceed an 8-hour time-weighted average sound level (TWA) of 90decibels measures on the A scale (slow response) or, equivalent to a dose of fifty percent. (2 ) l;or purposes of the hearing conservation program, employee noise exposures shall be computed, regardless of the provision and the use of Personal Protective Equipment. (3) An 8 -hour lime-weighted average of 90 dec as the action level. ibcls shall be referred to T r e a t m e n t T e e l n i n l o g i c s S c h e d u l e I I I . N o i s e ,S t a n d a r d s . N o i s e A b a t e m e n t . I I c a r i n g C o n s e r v a t i o n P r o g r a m . B 1 222 • Noise Monitoring. Collection a n d A n a ly s i s ■ o f S a m p l e s . S p o t S a m p l in g f o r P h y s i c a l •o r C h e m ic a l P a r a m e te r s . C o m p o s i t e S a m p l in g fo r ‘ P h y s i c a l o r C h e m ic a l P a r a m e te r s . 25. Monitoring shall be repeated whenever a change in production, process, equipment or control, increases noise exposures to the extent that : (/) additional employees may be subjected to risk at the action level; or (//') the attenuation provided by hearing protectors being used by employees may be rendered inadequate to meet requirements of paragraph (/)of this regulation. Part I I— Sampling pRoriaxm i-s 26. For the purposes of determining licence classification and licence compliance, the company shall examine samples according lo standard analytical methods in a laboratory accredited by the Agency and Ministry of Environment. / 27. /\ spot-sample for the purpose of analysis for all fhe tests including oil and grease, dissolved oxygen, pH, chlorine and sulphide shall he taken as follows: t (a) the whole sample volume is to be taken at one lime, at the point of discharge or, if the discharge has stopped, at the nearest practicable point • within one kilometre upstream and downstream of the point of discharge; '(/;) the sample shall he analysed immediately after collection where possible blit not later than 24 hours after taking the sample, and the whole sample volume shall be used. ! 28. A composite sample for the-purpose of analysis for all tests other than those for temperature and pH shall be taken by combining individual samples as follows: (a) a minimum of five samples of equal volume of not less than 500 nil each shall he taken at the point of discharge or. if the discharge has slopped, at the nearest practicable point within one kilometre upstream and downstream of the point of discharge, at approximately equal intervals of lime over a minimum period of four hours within any 24 hours period ; (/>) two of the composite samples, collected when the discharge has been stopped, will be used lo prove the source and extent of pollution : (r) the samples shall be kept as cool as at site conditions licence and such sample analysis shall commence not later than 24 hours after taking the last sample ; i 15 JUZJ (d) where the discharge has stopped or is intermittent, two gjab samples s h a l l be collected at the nearest practicable point within one kilometre upstream and downstream each of the point of discharge. 29. The whole volume of spot sample and for further laboratory analysis shall be taken at one time at the point of discharge. 30. If full laboratory facilities do not exist on the site, or in the absence of a calibrated Dissolved Oxygen (DO) meter, the oxygen in the sample may be “fixed” at the time of sampling by adding any oft he following reagents ; I ml of manganese (11) sulphate followed by 1 ml of alkali-iodidc-a/.idc solution, (alkaline azide reagent, sulphuric acid, permanganate, oxalate, manganous sulphate and alkaline iodide) or any other approved scientific method : Provided that : (a) the stopper of the sample container shall be replaced and the solution shall be well mixed by shaking ; (/;) the remaining steps shall be carried out later in the laboratory. •31.—(1) When a number of samples for different purposes are to he taken from the same sampling point, the following precautions are to he observed: (d) the sample for bacteriological examination shall be collected first unless special investigations arc necessary ; (/;) samples for bacteriological examination shall be kept strictly separate from all others to avoid contamination ; (c) boxes for the transportation of samples shall he made of materials that can be disinfected regularly, and they shall not be used for carrying anything other than samples of water for bacteriological examination ; (2) Sterile bottles used exclusively for bacteriological purposes that are lit for immediate use shall be provided by the laboratory performing the examination. (3) Officers must ensure that the volume of each sample is at least 500 m i and that at least one sample is taken at each sampling point. S ; i n i |> l i i i g f o r I j c c u c c C l 'i s s i lk '. 'i l i f >n. S a m p l i n g f o r o i l i e r I ’a r a m e l e r s . S a m p l y i n g f o r M i c r o b i o ­ lo g ic a l a n a l y s i s . D 1L L * Air' 32. Measurements of air quality parameters shaft lake place at any S a m p l i n g f o r Company, downwind and upwind as listed below ’: Analysis. (a) measurement of total suspended particulate shall be by gravimetric method using air sampler or by any other recommended scientific method such as — (/) a minimum of two sampling periods (both I-hour and H-hours) shall he adopted; (//') the heavy metals level of total suspended particulate shall be determined using any referenced standard method using atomic absorption spectrometer. (/;) gaseous pollutants shall be measured by passive sampling, active sampling or continuous sampling such as : (/) passive sampling method shall require the submission of analysis certificate along with results and a minimum of three sampling periods (1-hour, 24-hours and 30-days) shall he adopted. (//) active sampling for NOx shall use the Salt/.man or any other recommended standard method. ( H i ) active sampling for S 0 2 shall use the West-Gaeke, hydrogen peroxide or conduclimetry or any other recommended standard method. ( i v ) pelive sampling for h y d r o c a r b o n s s h a l l u s e t h e a d s o r p t i o n on activated charcoal method. (v) continuous sampling of any gaseous air pollutant shall use instrument with detection range accommodating the maximum allowable limit of measured para'meler and such measurement shall last for at least 1 hour in every sampling location. * 33.—(1) Noise levels shall be measured with instrument having both A and C weighting, a resolution not more than 0 .1 dli and fast or slow responses. (2) Measurement shall be taken at least 3 metres from any harrier or other sound reflecting sources, at about 1 .2 - 1.5 metres a b o v e g r o u n d level or working platform and shall last for at least 10 seconds. (3) Daytime(07:00-22:00) and night time (2 2 :0 0 -7 :0 0 ) measurements shall he taken at the Icneeline of any company. Part III— Purmits (G knkkai. Provision) 34. Procedure for application for permit including revocation o! such permit when it has already been issued , arc contained in the Permitting{|IÛ Licensing System Regulations, 2009. N o is e M e a s u r e ­ m e n ts : IV .n n ils . B 1225 Part IV.— I nd ustrial E ffluent M onitoring A nd R eporting? 3 5 ,—(1) The Permit holder subject to categorical standards, shall comply with reporting requirements under the Agency’s Permit including Incidence Report and Monthly Effluent Data Sheet by submitting these documents to the Agency’s Field Offices. (2) The Permit holder must submit to the Agency at least quarterly, on dales specified, a description of the nature, concentration and How of the pollutants in the Monthly Effluent Data Sheet required to be reported. (3) The report shall be based on sampling analysis performed in the period covered by the report. All reporting shall be in compliance with the format prescribed in Schedule XIII to these Regulations. (4) The Permit holder shall report all sample results for parameters listed on the Effluent Limitations and Monitoring Requirement, on the Industrial or Commercial Discharge Monitoring Report'forms prescribed in Schedule XIII to these Regulations..' (5) The Permit holder shall install (at its own cost) monitoring equipment approved by the Agency to facilitate the accurate observation, sampling and measurement of the quality of waste discharges as required by the permit. Such equipment shall be in working order and kept safe and accessible at all times. Whether owned by public or private organisation, such monitoring equipment shall be according to the specifications given by .the Agency and other applicable construction standards. Plans and specifications for such work shall be submitted to the Agency, for review and comments before construction. * * (6 ) The Permit holder discharging or proposing to discharge effluent to a general sewer or treatment plant shall maintain the following : (a) records of production ; (b) water consumption and discharge flow records ; (c) complete monitoring records as specified in these Regulations ; (d) process monitoring records ; (e) incident reports ; (/) waste handling records, and any other records necessary to demonstrate compliance with these Regulations. Reporting Require n i c n l s . .S c h e d u le XIII. B 1226 )( (7) The Permit holder shall be required to Tile reports with the Agency if the permit holder: (r/) in any month commits a serious violation or fails to submit a completed Monthly Effluent Data Sheet; Aiilhori/.i'd S i g n a t o r y . (/;) exceeds an effluent limitation for the same pollutant at the same discharge point source by any amount for four out of six consecutive months ; and (c) has discharges that could cause problems to the environment, including any sludge loadings. ' j 36.—(1) rrhe Permit holder shall sign the report and attach a copy of the Certificate of analysis from the Agency’s accredited laboratory. (2) Each report must be signed by the appropriate officer as follows: i (a) a responsible corporate officer, if the Permit holder submitting the ' reports is a corporation. (ib) for the purpose of this paragraph, a responsible Corporate Officer means Chief Executive or Managing Director or Chairman of the corporation in chargc of a principal business function or any designated person who performs similar policy or decision making functions for the corporation. (3) All reports shall include the following certification statement: “I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated i he in formal inn submitted. The information herein submitted is, to the best of my knowledge and belief, true, accurate, and complete." N,llHillMil»n KlVoixlj. * 37. Such records shall he made available to the Agency, and shall In* retained for a minimum of five (5) years and throughout the course of any pertinent litigation thereafter. B 1227 3 8 ;—(1) The Agency shall adopt charges and fees thatjshull include— (a) fees for processing application for permit; (/;) fees for reviewing discharge permits, prevention procedures and construction ; (c) other fees as the Agency may deem necessary to carry out the . requirements contained herein which may include emergency incident response and cost of personnel and equipment. (2) These fees relate only to the matters covered by these Regulations and are separate from all other fees chargeable by the Agency and subject.to review. / t 39. Public access shall also be governed by the Act. Effluent constituents and characteristics, however, shall not be recognized as confidential information. P a r t I I I — E n f o r c e m e n t / 40. —(1) The Agency has the primary responsibility of enforcing all applicable pic-treatment standards and requirements. On the basis of any information available to it, the Agency may lake any enforcement action at any time as appropriate. (2) While a permit is in force it shall be the duly of the Agency to take such action under these Regulations as may he necessary for the purpose of ensuring that the conditions of the permit arc complied with. 41. —(l) An enforcement notice shall be served if the Agency is of the opinion that a company has contravened, is contravening or is likely to contravene any condition of the permit. (2) An enforcement notice shall— (a) specify the matters constituting fhe contravention or the matters making it likely that the contravention will arise, as the case may be ; (/;) specify the steps that must be taken to remedy the contravention or to remedy the matters making it likely that the contravention will arise, as the case may be ; and (e) specify the period within which those steps must be taken. (3) Sub-regulation 2 of this regulation shall apply whether or not the Particular manner of operating the facility in question, is regulated by or contravenes a condition of the permit. f e e s . C o n l i i l e n i i a l t u t o r m . i t i u n ;iik I P u b l i c A c c e s s l o R e c o r d s . D u l y o f I lie A g e n c y to e n s u r e C o m p l i a n c e w i i l i Comliiion.N. f j i f o r c c m e m n o t i c e s . B 1228 t l n l b i c c n i c n i n o t i c e R e m in d e r . Suspension o f permit. Conti'.ivcnlion o f lV r in il eoudiliou. I'iilso S l j i i c m e n l . (<> •*on»p|\ •A'illi Me.'iMUVs, 42.—(1) Failure lo comply wilh enforcement notice issued pursuant lo regulation 41 sub-regulation 2 of this Regulations, within the specified period, a second notice shall be served. (a) Failure lo comply wilh the second notice (reminder) within the specified time limit will lead to the issuance of a suspension notice or any other pimiiivi action as may be necessary. (/;) Enforcement notice shall be delivered by registered post or courier, hand delivery, newspaper publication or pasted at the registered premises of the organization. 43.—( 1) Where a suspension notice is served under these Regulations the permit shall, on the service of such notice cease to have effect as staled in the notice. (2) The Agency may withdraw a suspension notice after compliancel\v hand delivery or registered post. P a r t V I — O m - N c u s 44.—(I) It is an offence for a company to* (a) fail to comply wilh or lo contravene a condition of a permit: (/;) fail lo comply with the requirements of an enforcement notice, or a closure notice under these Regulations. (r) fail without reasonable excuse, to comply with any requirement imposed hy a notice served by the Agency. 45.—(I) It shall he an offence for a company to make a statement which is known lo he false or misleading particularly, where the statement is made: [a) in purported compliance wilh a requirement to furnish any informaiimi imposed hy or under any provision i>f these Regulations ; (/;) for the purpose of obtaining a permit for the company for v;iriatn*is. transfer or surrender of a permit ; (r) to intentionally make a false entry in any record pertaining permit; or ' {cl) with intent to deceive, to forge or use a document issued or :iutlu>ri/cu lobe issued under a condition of a permit or required for any purpose a condition of the permit. / . . . ;1 (2) It shall he an offence to make a statement or have in p o sse ss '*1 document that is likely lo mislead or deceive the Agency. 46. (I) It shall he an offence if a company fails to (//) lake reasonable measures to remove, or otherwise trea' am of anv effluent in minimize adverse effects ; » . • I (/;) lake measures required by the Agency after unauthorized release of effluent; (c) rem ediate the env ironm ent to the standard prescribed by the Agency ; (d) furnish all information to the inspector; (c>) remove equipment or contain materials causing release into the environment from place when requested by inspector; (/) produce document when requested by the inspector; (#) comply with the guidelines with respect to the handling, storing and transport of any e fflu en t; (//) Ensure the use of Personnel Protective Equipment (PPE) while handling, storing, treating or disposing of effluent; (2 ) It shall be an offence if a company— (a) handles effluent in a manner which causes adverse effect to human and the environm ent; (/;) knowingly obstructs the inspectors from performing their duties ; (c) dismisses or suspends or sanctions an employee who reports contravention of the Act ; (d) impose penalty on employee who reports cases of contravention of the Regulations to the Agency ; (c) transports, any effluent and sludge which is not covered by a manifest; (/) transports effluent and sludge which is not completely enclosed, covered and secured ; (y) transports effluent and sludge in bulk without prior authorization from the Agency. 47. It shall be an offence if a company fails to— (a) maintain records of all discharges ; , (/;) file quarterly and annual reports of all discharges. 48. It shall be an offence for a company to— (a) release effluent and sludge into the environment in excess of permissible level. (b) fail to report release of effluent and sludge into the environment in excess of permissible level as contained in Schedules 1 and II to these Regulations. (c) fail to take reasonable measures to prevent, reduce or remedy the adverse effect o f effluen t, sludge and emissions released into the environment. l ailiirc In report. et I luon beyond peruti Icvv B 1230 H Penally.' R e c o g n i t i o n lo r linvimnntenlnl l e a d e r s h ip . P e r lo r m a u c e c r i t e r i a a n d ‘ r a t in g . ' N R S R E A c o m p l i a n c e A w a r d . ' N l tS R L A C ire e n M a r k . lutei pie lalion. Part Vll— Penalty 49. —(1) Any person who violates the provisions ol regulations 44,45, 46,47 and 48 to these Regulations commits an offence and shall on conviction, he liable to a fine not exceeding N2 0 0 ,()()():()() or to imprisonment lor a term not exceeding two years or to both such' l ine and imprisonment and an additional line of N5,()()():()0 for every day the offence subsists. (2) Where an offence under sub-regulation 1 of this regulation.is committed by a company, it shall on conviction, be liable to fine not exceeding N 1,000, ()()():()() and an additional fine of N50,0()();()() for every day the offence subsists. P a r t VIII— I n c e n t i v e s 50. Each Company and Organisation that demonstrates environmental •leadership, adopt environmentally responsible practices, demonstrate commitment to environmental quality and maintain exemplary environmental compliance records shall be recognized and encouraged by the Agcnev. 51. The environmental performance requirements shall be based upon agreed criteria and rating for each sector as contained in Schedule XII to these Regulations. 52. The Agency shall recognize environmental compliance in live categories and reward deserving companies as contained in Schedule XI! In these Regulations. 53. —(l)The Agency shall institute and certify the best environmentally performing company or organization with (he NESRKA Cireen Mark ( ) (2) The Logo of (he NESREA Green Mark ( . j shall only he used by companies and organizations certified and duly recognized by I lie Agency. Pari* I X — Interpretations, lire. 54. In these Regulations— "Act” means the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 ; "Ai’ency” means (he National Environmental Standards and Regulations Enforcement Agency (NESKEA) established under section I of the Ad; "Air Emission" means any emission or entrainment process emanating from a point, non-point or mobile source that results in air pollution. "Airpollution" n, •*,ns any change in composition of the air caused by smoke, soot, (lust (including Ely-ash), cinders, solid particle o f any kind, gases, fumes, aerosols and odorous substances. "Ambient Air"menus air occurring al a pnrliciilnr lime ami placeoiil*'1 structure. \ "Designated Officer ’ means a person who has been appointed by the Agency to carry out activities designated under these Regulations. “Director-General and C h ief Executive Officer (DG and CEO)" means the Director General of the National Environmental Standards and Regulations Enforcement Agencyf(NESREA) ; “Effluent" means waste water treated or untreated—that flows out of a treatment plant, sewer, or industrial outfall resulting from.the commercial or industrial use of water, generally refers to wastes discharged into surface waters. "Enforcement" means actions to obtain compliance with environmental laws, rules , regulations or agreements or obtain penalties or criminal sanctions for violations. "Environment" means the sum of all external conditions affecting the life, development and survival of an organism. "Environmental Audit (IlA)" means— {a) an independent verification of current status of a parly's compliance with applicable, legislative requirements ; and (/;) an independent evaluation of a party's environmental compliance, policies, practices and control. "Environmental Impact Assessm ent (ElA)" means the process of identifying, predicting, evaluating and mitigating the biophysical, social and other relevant effects of development proposals prior to major decisions being taken and commitments made ; ./ "Environmental Impart Statement (EIS)" means a document required ol development Agencies by NliSREA for major projects or legislative proposals significantly alTccting the environment. A tool for decision making , it describes the positive and negative effects of the undertaking and lists alternative actions. "Emission" means the direct or indirect release of substances, vibrations, heal or noise from individual or diffuse sources in a facility into the air, water or land ; "Emission lim it" means the mass, expressed in terms of specific parameters, concentration or level, of an emission, which may not be exceeded during one or more periods of lime ; “Extension" means an increase in size, volume or other physical dimensions of an activity such that the increase may cause an adverse effect if not properly mitigated ; “Company" means a I;ood, Beverages and Tobacco manufacturing and processingoulfit; "Ciivy water" means waste water resulting from the use of water lor domestic purposes, blit docs not include human cxciela , "Hazardous Wastes" means solid, liquid, or gas wastes that can cause death, illness, or injury lo people or destruction ol the environment il improperly treated, stored, transported, or discarded. Substances arc considered hazardous wastes if they arc ignilablc (dupable of burning or causing a fire), corrosive (able to corrode steel or harm organisms because of extreme acidic or basic properties), reactive (able to explode or produce toxic cyanide or sulfide gas), or toxic (containing substances that arc poisonous). Mixtures, residues, or materials containing hazardous wastes arc also considered hazardous wastes (listed hazardous wastes). "Influent wafer" means either processed waste water or raw water from a river, stream, spring or canal, or water abstracted from underground and used by a facility ; “Inspection Officer or Inspector" means a provincial officer who has the legal authority to enter a.company to conduct an inspection under environmental legislation (Aot.j), guidelines and policies. "Larue Scale Hu,sines,s'1 means any facilily lhat has more than fifty employees; • • “Medium Scale Business” means any facility that has from ten to fifty employees; “Minister” irieans the Minister responsible for environment. “Modification” means a change in.any activity that may cause an adverse effect if riot properly mitigated and includes, but not limited to, the expansion of the same process, addition of product lines and replacement of equipment with different technology other than that presently in use ; “Other facility wastewater" means effluent originating from the washing and general maintenance of a facility : “Permit"means an official document, authorization, license, or equivalent control document issued by (he Agency to implement the requirements of these regulations to discharge effluent especially for a limited period of time; “Permit! holder" means an individual or group of individual^)/ organization(s)/faciIily(s) that have been empowered by the permit to discharge effluent; . “Person” means a natural juristic personality including a company: "Sludge” means liquid or solid sediments and other residue from ;l immicipalscwnge collection and treatment system and liquid or solid and other septic from septic or holding tank pumping from commercial, industrial or residual establishments; "Small Seale Bu.sinc. v” means any facility lhat has less than ten employees “Spot sampling" means sample of liquid or sediments obtained specific.depth inside a lank using a bottle. Spot samples are analy/:c< determine the gravity of the o il, base sediment anil water of the I la id 1,1 tank ; i “Treated sludge1' means the sludge which has undergone biological, chemical, heat treatment, long term storage or any other appropriate process so as to reduce or completely eliminate its toxicity or hazards to human and the environment; "Three Rs” means Reduce, Reuse, and Recycle ; “Water bodies” means underground water, river, stream, spring, canal, reservoir, well, lake, lagoon, ocean etc ; “Water efficient device” means any device that minimizes the use of water in the production process ; “Wastewater system” means a sewer, conduit, pump, engine or other appliance used or intended to he used for the reception, conveyance, removal, treatment and disposal of effluent ; and does not include house sewers ; "Watercourse'' means any natural or artificial channel, pipe or conduit, excluding the sewerage system, carrying, or that may carry, and discharging water directly or indirectly into a water body ; 54. I hese Regulations may he cited as the National Hnvironmental (food, Beverages and Tobacco Sector) Regulations 2009. ScilHDUUi I (Regulations 11(2) (/;) ; 15(1), (2) (3) ; 16(1) ; 17(1) ; and 4«S (/;) bm.uuNT Limitation Standards For .Food , 13i:vi:ragi:s and T obacco S ixtor Pam'inclcr , Unit Maximum permissible limit C o lo u r 7 ( 4 3 6 n m . y e l l o w ) , 5 ( 5 2 5 n i n . r c d ) ' / 3 ( 6 2 0 n m . b l u c ) A p p e a r a n c e C o l o u r l e s s T e m p e r a t u r e "C 4 0 T e m p e r a t u r e i n c r e a s e ° c < 3 a p l l - — 6 . 5 - 0 : 6 - 9 A c id i ty m g / l A l k a l i n i t y m g / l 1 5 0 C h l o r i d e m g / l 2 5 0 T o ta l S o l i d S o d iu m m g / l 2 0 0 T o ta l S u s p e n d e d S o l i d s ( T S S ) m g / l 2 5 T o ta l d i s s o l v e d S o l i d m g / l 5 0 0 S u l p h a t e in g / I 2 5 0 T u r b i d i t y N T U 5 . 0 N i t r a t e a s N m g / l 1 0 C h e m i c a l O x y g e n D e m a n d ( C O D ) m g / l 6 0 ; 9 0 H i o e l i e m i c a l O x y g e n D e m a n d ( 1 ) 0 1 ) 5 ) m g / l 3 0 ; 5 0 S u l p h i d e m g / l 0 . 2 A m m o n i a a s N i t r o g e n m g / l 1 .0 T o ta l N i t r o g e n m g / l 1 0 ( iialiun. 1234 hiiwndfr Proc Chlorine T o t a l P h o s p h o r u s Dissolved Oxygen M E T A L S ( m g / L ) Chromium (hcxavalcnl) L e a d N i c k e l M a n g a n e s e C a d m i u m i C o b a l l C o p p e r M o l y b d e n u m I ' l o t a l C h r o m i u m Z i n c O T H E R P A R A M E T E R S P h c n o 0 O i l & G r e a s e T o t a l P e s t i c i d e s P e s t i c i d e s ( e a c h ) " I ' l o t a l o r g a n i c h a l i d e s D e t e r g e n t s ( a s L A S * ) M I C R O B I A L P A R A M E T E R C n l i l b r m b a c t e r i a 0 Unit — r ~ . . . . . . . . . . . . . . . . . . . . . . . . . . Maximum pcrmixxi m g / l 0 . 5 m g /1 2 . 0 m g / l m g /1 0 . 0 5 0 . 0 5 m g / l 0 . 0 5 • m g / l 0 . 2 m g / l 1 .0 m g / l 0 . 0 5 m g /1 0 . 5 m g /1 0 .0 1 m g /1 1 .0 . m g / l 2 m g /1 0 . 5 m g / l 1 0 m g / l 0 . 0 2 5 m g / l ( ) . 0 5 h m g / l 1 m g / l 15 M P N / I 0 0 m l 4 0 0 w h i c h l a k e s m l ' (M’s an' °* sc,cnlilically established mixint* zone v* ..— .. ■ assin hi v b,C" Wi"cr1(1',ali,y’ rcccivil'g water use" poleulial iva'|’""s **, S C|ITIUCI" sh<)lll‘l «*..!( in a .emperaUire i n m ; ^ lakes nheo Who cc^ c °! the zone where initial mixing anti111,1 . discharge. ’ ° K’zonc ls 1101 Ucfincd, use 100 mclcrs I'roin lk’ P1’"1 ° - 10 .nJ/L ̂ ro''gairphospko?!^ phosphorus peslicidcs *'tluitldiluent slH)uk|C|1)(^||1cŜ '^ ^ )' d' ,t:cI discharge lo surlacc waRIS' * ^ i,,car AlkylateSulphonatc W"U'‘ World B;mk value / ScniiDULC II (Reg 18(2) and 48 (/>) S i . u d g i - D i s p o s a l P i z u m i s s i d i . u L i m i t Dry Sludge Generation From Wastewater treatment Parameters • Sludge Pixxluclion Kg DS/lonnc Sludge (total) 2(X) Primary Treatment Mixing-sedimentation SO Mixing-Chemical treatmenl+ sedimentationw / 150-200 Mixing chemical treatment-*- Flotation 150-200 1 S r i i i - m u . i i l l i (Herniations I 9 ( I ) ; 2 0 ( 1 ) a n d 2 1 ( 1 ) AlU ^MISSION ClIMDUl.lNliS I *'( )U T o o l), BiiVI-.KACil’S ANnToUACC(lSl:("mi< T h e a m b i e n t a i i ‘ ( j u a l i t y s t a n d a r d s o f t h e A g e n c y s h o u l d b e s t r i c t l y c o m p l i e d w i t h A m b ie n t A i r Q u a l i t y l ;o r N i g e r i a Parameter Duration ('on cent rat ion S U L IM IU K D I O X I D E 1 H O U R 4 2 5 / i / M 3 N I T R O G E N 1 ) 1 0 X 1 1 ) 1 2 i M R 3 1 3 U C i / M 3 P A R T I C U L A T E M A T T E R I I I K 2 5 0 U ( i / M 3 C A R B O N M O N O X I D I i l l - I R 3 0 , 0 0 0 U G / M 3 S chlduli- IV (Regulation 16(1) Soil Quality Standards For Food, B i-veragi-s And Tobacco Slctok During routine operations of these industries specifies, there may be soil contamination and to preserve the environment, the below listed soil quality levels must not be exceeded in any area of the industrial activities. Parameter Unit Standard arsenic: M/KG DRY WEIGHT 20 BARIUM MG/KG DRY WEIGHT 4(X) CADMIUM MG/KG DRY WEIGHT 3 CHROMIUM MG/KG DRY WEIGHT 100 COBALT MG/KG DRY WEIGHT 50 COI’I’ER MG/KG DRY'‘WEIGHT 1(H) LEAD MG/KG DRY WlilGIIT IM B 1236 Parameter Unit' ! Standard MERCURY MG/KG DRY WEIGHT 4 MOLYBDENUM MG/KG DRY WEIGHT ' 40 NICKEL MG/KG DRY WEIGHT 70 TIN MG/KG DRY WEIGHT M) ZINC MG/KG DRY WEIGHT 421 BENZENE MG/KG DRY WEIGH T 0.1 TOLUENE MG/KG DRY WEIGHT 0.1 XYLENE MG/KG DRY WEIGHT 0.1 STYRENE MG/KG DRY WEIGHT 0.1 HEXANE MG/KG DRY WEIGHT 0.5 HEPTANE MG/KG DRY WEIGHT 0.5 FLUORINE MG/KG DRY WEIGH T 100 CYANIDE MG/KG DRY WEIGH T 5 PHENOL• . ' t L MG/KG DRY WEIGHT 10 Sci'lEDULliV Noise Standards Permissible Noise Exposure Levi-ls (Regulation 23) Duration per day (hours) Permissible Exposure hi not (<[ * . . 6 . . . 4 . . 3 . . 2 .. V/i i . % .............. 74 or less 90 92 95 97 100 102 105 110 115 »»i MO ( Noti: : Exposure lo impulsive or impact noise should notexccci peak sound pressure level. j S cih-d u l c VI {Regulation 6 ( I ) BEST PRACTICES (a) All effluent generated shall be quantified in volumc(s). (/;) livery industry shall install: ’’‘anti-pollution equipment for the detoxification of effluent and sludge; “‘efficient effluent treatm ent plant based on the Best Practicable Technology (BPT); and ‘‘■containment equipment for spills in case of accidental discharge (c) livery company shall adopt in-plant waste reduction and pollution prevention strategics. (d) An unusual or accidental discharge of waste from a company shall be reported to the nearest Office of the Agency within 24 hours of the discharge. (e) Every company shall have a buffer zone between it and the nearest human settlement. (/) There shall be appropriate bund walls around tank farms lor containment in dase of accidental discharges. Sc’lIKIMJLK VII (Regulation 10) BANNED/RESTRICTED CHEMICALS LIST OP BANNED CHEMICALS I ,■ 2,4,5 -T 2 . Aldrm 3. Binapacryl 4. Cnptafol 5. Chlordane 6. Chlodimcform 7. Chlorobenzilate 8 . DDT ■ 9. Diedrin 10. Dinoseb and dinoseb salts 11. DNOC and its salts (such as ammonium salt, potassium salt and sodium salt) 12. EDB (1,2 dibromoclhanc) 1.3. Ethylene dichloride 14. Ethylene oxide 15. Eluoroacelamide 16. HCH (mixed isomers) 17. Heptachlor 18. Hcxachlorobcnzcnc 19. Monocrolophos ; i 20. Paralhion (all formulaiioris—;aerosols, cluslablc powder (OP), cinulsiriahlc concenlrale (CC), granules (GR) and weUablo powders (WP)—oj' substance arc included, except capsule suspensions (CS)) 20. Pcnlachlorophcnol ■ 21. Duslable powder formulations containing a combination of benomyl at or above 7%. carbofuran at or above 10% and thiram at or above 15% 2 2 . Mctluimidophos (Soluble liquid formulations of the substance that cxcrcd 600 g active ingrcdient/l) 23. Melhyl-paralhion(enuilsifiahlc concentrates (IX ') with I 9.5%, 40%.50%. 60% active ingredient and dusts containing 1.5 %, 296 and 3 % active ingredient). 24. Phosphamidon (Soluble liquid formulations of the substance that exceed 1000 g active ingrcdicnl/1) 25. Crocidolilc 26. Tris(2,3,dibromopropyl) phosphate List ov Ri-stricti-i) C hi-mk’ai.s (to be used with permit from NILS MCA) I. Mclhyl-paralhion (emulsifiablcconcentrates (HC) with 19.5%, 40%; 60% active ingredient and dusts containing. 1.5 %, 2 % and 3% ,IC .ingredient). 2. Aclinolitc asbestos. 3. Amosilc, asbestos 4. Polybrominaled Biphenyls (PBBs) 5. Polychlorinated Biphenyls (PC 13s) 6 . PolychlorinatedTcrphcnyls (PCIs) 7. Tetraethyl lead 8 . Tetramcthyl lead 9. Tremolite 10. Arsenic 11. Mercury 12. Alkyl-phcnol-ctlioxylate SCHEDULE VIII (Regulation 3(2) and (3) G uide T emplate eok E mergency P rocedures in Industry Contents Step 1— Establish a Plann ing T d \ m There must be an individual or group in charge of developing die emergency management plan. • 1. Form the Team 2. Establish Authority 3. Issue a Mission Statement 4. Establish a Schedule and Budget ♦ Step 2— A nalyze C apaihlities and H azards This slej) entails gathering information about current capabilities and about possible hazards and emergencies, and then conducting a vulnerability analysis to determine the company capabilities for handling emergencies. 1. Where Do You Stand Right Now? 2. Meet with Outside Groups ■3. Identity-Codes and Regulations 4. Identify Critical Products, Services and Operations 5. Identify Internal Resources and Capabilities 6 . Identify External Resources 7. Do an Insurance Review 8 . Conduct a Vulnerability Analysis 9. List Potential Emergencies 10. Estimate Probability 11. Assess the Potential Human Impact 12. Assess the Potential Business Impact 13; Assess the Potential Property Impact 14. Assess Internal and External Resources .15. Add the Columns . Step 3— D evelop th e P lan Emergency planning must become part of the corporate culture. Look for opportunities to build awareness ; to educate and train personnel; to lest procedures ; to involve all levels of.management, all departments and the community in the planning process ; and to make emergency management part of what personnel do on a day-to-day basis. (a) Plan Components (/;) The Development Process Step 4— Implement the P lan Implementation means more than simply exercising the plan during an emergency. It means acting on recommendations made during the vulnerability analysis, integrating the plan into company operations, training employees and evaluating the plan. ((i) Integrate the Plan into Company Operations (/;) Conduct Training, Drills and Exercises Source: www.rema.gov/aboul/indcx.shlm Schedule IX (Regulation 2( 1) (</) Guidelinei;ok Preparing Environmental M anagement Plan (EMP) An Environmental Management Plan (EMP) describes the process that an organization will follow to maximize its compliance and minimize harm to . the environment. This plan also helps an organization map its progress toward achieving continual improvements. Regardless o,f the organization's situation, all environmental plans must include the following elements : * Policy; Planning; Implementation and Operation ; Checking and Corrective Action ; Management Review and commitment. Policy Policy statements are important to an organisation because they help anchor the organisation on a core set of beliefs. These environmental «»iiiilin« principles will enable all members of an organisation to focus on the same objective. They provide an opportunity for outside interests to understand (lu‘ operation of (he organisation. The policy should be focused, concise and easy to read. The environmental policy should address the following * Compliance with legal requirements and voluntary commitments; * minimising waste and preventing pollution ; rl‘ Continual improvement in environmental performance, includ ing areas not subject to regulations ; * Sharing information on environm ental performance with /be community. P l a n n i n g The planning should define the organisation's environmental footprints and set goals. Coals and objectives should be focused on maximising die'1’ positive impacts on the environment. When evaluating, the following element* should he considered: ough its activities, products nm1 Legal requirements associated with protecting the environment. Meaningful and focused environmental objectives and (aigets. Impacts on the environment throm services ; http://www.rema.gov/aboul/indcx.shlm I mplementation and O peration . j Implementation and operation should define the activities that the organisation will perforin to meet its environmental objectives and targets. This section should identify activity each person is responsible for, ensure completion and set targets for each.of the identified activity. In addition, this area should specify employee training, communication and outreach activities that arc necessary to ensure successful implementation of the plan. C h e c k i n g a n d C o r r e c t i v e A c t i o n The BMP should describe the process that will he followed to verify proper implementation and how- problems will be corrected in a timely manner. Routine evaluation and continual improvement to the process is necessary to make sure that the plan successfully leads towards the completion of environmental objectives and targets. M a n a g e m e n t R e v i e w a n d ^ C o m m i t m e n t t o I m p r o v e m e n t Routine management review and support is a necessary and meaningful tool for the organization. This should identify the routine management evaluations that will be conducted to ensure that the plan is appropriately implemented to mcc.l its environmental objectives. S c h e d u l e X [Regulation 8 ( 1 ) G u i d e l i n e s F o r C o n s u m e r P r o d u c t s S t e w a r d s h i p P r o g r a m m e As part of the Strategic Alliance Programme of the Agency, all manufacturers and importers of Food and Beverages products shall partner wilh the Agency to establish an effective consumer product Stewardship Programme. / The manufacturers and importers of Food, Beverages and Tobacco products shall submit a proposal for a consumer product's stewardship program lo the Agency lor approval ; such a proposal shall include elements for successful implementation of the scheme ; (a) the consumer products shall include but not limited lo bottles, cans, tcflon/polycthylcnc packaging, e tc ; (./;) establish a process for the collection, handling, transportation and final treatment ol a post-consumer beverage products regardless of who is the original brand o w n er; (c) incorporate the principles of a pollution prevention hierarchy by moving progressively from disposal to reduction, reuse, recycling and recovery of post-consumer products ; (d) submit on or before June 30 in each year to the Agency , an annual report on their consumer products stewardship program during the previous fiscal year including, but not limited to, information respecting: (/) the total amount of consumer beverage products sold and post consumer products collected ; (//) the total amount of post-consumer beverage products processed or in storage ; ' (/77) the pcrcenlagc of post-consumer bevepage products lhal were treated or contained, reduced, reused, recycled or recovered ; (/v) efforts taken through consumer beverage products marketing strategies to reduce post-consumer products and packaging waste ; (v) the types of processes used to reduce, reuse, re-cycle or recover post-consumer beverage products, including but not limited lodclailsof efforts to incorporate the priorities of a pollution prevention hierarchy by moving progressively from disposal to reduction, re-use, rc-cyelingaiul recovery of post-consumer paint products ; (v/) the location of return collection facilities or depots ; (w7) the location of any long-term containment or final treatment and processing facilities for post-consumer beverage ; (v/77) the types of educational information and programs provided; (ix) the process of internal accountability used to monitor environmental effectiveness; and (a*) any other information requested by the Agency. Schedule XI Regulation 7(1) amlC) Organizational System and 'rim Functions oe Pollution .■ Control Mana(;er(s) Each Company shall be m andated by the Agency to have an organizational system that will carry out Internal Environmenlal Auditing of (he company as well as liaises with NITSREA and other Government Authorities. The Organizational system shall have Pollution Control Supervisor. Pollution Control Manager and Pollution Control Chief Manager who shall he elected or appointed..These shall be certified by the Agency through a National examination or qualifying examination. Organization i'or Pollution Prevention • B 1243 Ii Functions : ? A-̂—Manages the pollution control ,issues of the company. B—Assists Supervisor and directs the Managers (only applicable in companies where large amount of smoke and sewage is generated). C—Deals with technical matters like inspection of the company and raw materials. Note: C depends on the size of the faci he PCM for Air, Land and Water. lity; fora large facility there shall N rin i- ir D m m s 01 ini- Pollution Control M anager (PCM .) The specific duties of the PCMs are : * To ensure that the responsibilities are very clear for all the staff involved in pollution control; * lb ensure that daily pollution control practices are complied with; and * To m aintain sm ooth and proper environm ental and safety communications within the company and the regulatory authorities as well as (he host community. Concrete Policies C oncerning Industries' Pollution Control I. Management concerning pollution control at company's ; improvement and operation of effective environmental management system ; * communication with NESREA's headquarters ; :|! ability to know when a system is malfunctioning ; * documentation of the environmental management procedure and control of the records and documents ; :,! co-operation with interested parties such as other related companies’ regulations. 2. Addressing corporate-wide environmental measures: R e c o g n i t i o n o f t h e b u s i n e s s r isk r e l a t ive to the e nv i ronm en ta l management s y s t e m ; * Recourse management including maintenance of human resources for pollution control and their competency ; Establishing a corporate-wide environmental management system including risk information feed-back system ; * Establishing a redundant monitoring, assessment and self-improvement system ; * Establishing a contingency plan and its verification. B 1244 ScuiiDULii XII ! (K cxu l t i f io n x 51 and 52) NiiSKHA Compliance Flag A ward In order to encourage voluntary compliance byllhe regulated comnniniiy, the Agency has established NESREA compliance Mag Award as an incentive based pollution mechanism. 'The award will be given on the basisnf environmental performance rulings to deserving, facilities who comply with regulations, guidelines and standards. 1. The environmental performance ratings will he disseminated to the public through the media and it is expected to significantly reduceenvirnnmrni;il abuse and neglect. This rating will range from outstanding to noil-compliant using five colour codes. * • 2. Green Flag represents the best performing company. The criteria for the NESREA Compliance Flag Award are as follows : THEFIVE LEVEL Above ,75% Level 1 - Outstanding -Cre.cn NESREA 50% to 75% Level 2 - Good - blue COMPLIANCE 35% io 49.9% Level 3 - Average - Yellow AWARD 25% 1034.9% Level 4- Poor - Red 7 15% to 24.9% Level 5 - Non-eompliant - black For a company to be adjudged as having achieved 'excellent eomplimv' management commitment must have been demonstrated in addition If developing sustainable production technologies that can deliver1 environmental, economic and social benefits, good in-house keeping and robust waste management system, etc. 3.0. Major criteria. 3.1. Criteria for raw material sourcing and processing. 3.2. Criteria for production plant level environmental performance * Input Management; * Process Management ; * Waslc Management. 3.3. Criteria for product-usc performance. 3.4. Criteria for waslc handling and disposal performance. i||( 3.5. Criteria for corporate environmental policy and inaiiagcnu system— Corporate policy related to environment ; !|: Procurement policy and supply chain management ; ,nl, !,! Status of corporate environmental management and enviion management systems ; :|: Research and development; Health and Safety ; * Transparency. 3.6. Criteria for community and regulatory percept status— uilatory perception ;nul Compliance with NESREA pollution control regulations of NESREA officials; * Perception of local commqnity.; * Perception oflocal NGOs and media ; !,: Perception of other Agencies' officials. 4 . S c o r i n g S y s t e m Scores arc assigned to the various criteria based on their environmental impacts during the entire life cycle. Thus,, though the broader criteria remain the same, (he score vary substantially between sectors, 't his scoring scale is aimed at encouraging facilities to perform better than what is currently required by the regulations. Scimouu* XIII F o r m I (Regulation 35(3) and (4; M o n t h l y D i s c h a r g e M o n i t o r i n g R e p o r t (MDMR) [ N i i S R U A D i s c h a r g e M o n i t o r i n g R i -p o r t ) PLEASE COMPLETE AND SUBMIT ONE COPY EACH MONTH Faculty Name and Address : Facility e-mail address THAN TIIL MailTo: National Environmental Standards and Regulations Enforcement Agency (NESREA), No. 4, Oro-Ago CrdSeenl, Garki II, Abuja. \ i 1 2 4 5 SAMPLING POINT LOCATION M o n t h Y l a r SAMPLING DATES AND TIME TYPE OF SAMPLING PARAMETERS WEEKLY RESULTS NESREA’s Regulatory L i m i t s PHYSICAL: UNITS 1ST 2ND 3RD 4111 Average MOISI*; locations NOISE I.KVEES .Sif«ti;ilim* of Certified Operator Signature with date of 1 certify under penally of law Principal Executive that this document and alt Officer or Authorized attachments were prepared Agent : under my direction or supervision in accordance 1 Lite 1 )ate.: with the system designed to (Month. ensure that <|unlilicd day. year) personnel properly gather f and evaluate the information / Signature: submitted. © N E S R E A 2 0 0 8 . Form 2 National E n v m o n m u n ta l S ta n d a rd s A nd R hgulations IlNi'oua-MUNTAoiiNCY (N i-sri-a ). I n c i d e n t R u p o r t F o r m T h i s i s t o h e c o m p l e t e d w h e n a c c i d e n t a l d i s c h a r g e , o c c u p a t i o n a l i l l n e s s o r i n c i d e n t o c c u r s . I l ' a n e m p l o y e e i s i n j u r e d o r d e v e l o p s g r a d u a l l y a j o b - r e l a t e d i l l n e s s a s a r e s u l t o f h i s o i ­ l i e r e m p l o y m e n t a t t h e f a c i l i t y . I l c / s h c m u s t c o m p l e t e a n d s u b m i t t h e “ I n c i d k n t R i-p u r t " . I f t h e e m p l o y e e i s u n a b l e t o c o m p l e t e t h e f o r m , t h e s u p e r v i s o r m u s t c o m p l e t e o n h i s / h e r b e h a l f . I n c i d e n t r e p o r t e n s u r e s t h e r e i s a r e c o r d o n f i l e w i t h t h e e m p l o y e r . I n n o w a y d o e s t h i s w a iv e th e . e m p l o y e e ' s r i g h t t o w o r k e r ’ s c o m p e n s a t i o n h o n e l i l s . I f t i n i n j u i y n e o n s , I it s i a i d m a y b e a p p r o p r i a t e t r e a t m e n t . I. F a c il it y : Name and Address o f Facility: No. of Employee....... -................. Department where the Discharge Occurred Place o f the Accidental Discharge:........ . B 1248 iI 2 . D i s c h a r g e : ♦ Cause(s) of discharge ; 1 Did the discharge occur as a result of mechanical or technical orunskillcd application? Please specify. Was the discharged gaseous, liquid or solid? Please specify. What was the nature of discharge, sludge, effluent or influent? Please specify. Into which medium was it discharged to, i.e. water body, land, or air? Please specify. If water body, specify type of water; pond, stream, lake, river, etc. ’ * If land; * Name and location (Gco-refcrcncc) of the land where discharge occurred. Ways of disposing of discharge; i.e. burying, burning, etc. Please spccily. Was there any Previous Accidental Discharge of this kind? Yes | [No[ | If yes, when ?-................ -...................................— ...................................... Now?...................... ............................................................................. ............ Who was or were the victim(s)? D a t e d at Abuja this 30lh day of September, 2009. •* Mk J o h n O d e y , Ho non ra b I e M in isle Ministry o f Environment ' /