Sokoto State Environmental Sanitation Law, no. 7 of 2015

A42 1sand 1 fine may sand ~e of 1nze the y or vitb Jon . ths ay ve I, 1 r Law No. 7 of 2015 Ci1alio11 .. /n1erpre1a1/011s. Sokoto State of Nigeria Vol. 1 A43 0 A • .. I ASSENT THIS .... 1..J.r. ....... DAY OF~~··· 2015 r'\--7-<...le,., ~u ~ ,..,. .... ..-iu.,....,A W AMAKKO G VERNOR OK OTO ST ATE OF NIGERIA LA w ko .... ··:···· ... 7" .. ·······: ··· .. 201s A LAW TO PROVIDE FOR ENVIRONMENTAL SANITATION AND CONTROL OF WASTE IN SOKOTO STA TE AND RELATED Mt\ TIERS . BE IT ENACTED by the House of Assembly of Sokoto State of Nigeria as follows: 1. This law may be cited as the Sokoto State Environm,ental Sanitation Law, 2015. 2. In this Law, unless the context otherwise requires: "·appropriate LocaJ -Gove.rwnent" means any tocal Government having jurisdiction over· a. specific·¢area for I ••f • t • • the~ 1 urpose of this Law; , "at thorized officer" means· any environmental health offi e(or any memb~r of staff duly authorized in writing by • the Ministry of the Environment or the Local Government; I I "Commissioner" means the Commissioner of the· Ministry charged •· with the· responsibility for Environment' in the State; "industrial waste" means waste generated . from ... any premises used wholly or partially for the purpose of manufacturing or servicing operation or business· and it includes wa~te from mines or quarry; \ j I Law No. 7 of 2015 Monthly environmental sanl/01/on exercise Sokoto State of Nigeria . Vol. 1 A44 /--------:- ;; ! Law No. 7 of "Ministry" means Ministry charged with the1 responsibility of Environment in the State and where the context so admits, includes its related Agency or{. Parastatals; "occupier" means a tenant, a resident or a user tenement; "owner" means a landlord, a state lessee, a joint owner, I ' 1 tenant for life, mortgagee in possession or any person inf actual possession and it includes a person acting with the authority of the owner; "person" means an indiv.idual and shall include a limite~• liability company or, an organization duly registered under the Companies and Allied Matters Act 1990; 1 "refus~" means· garbage and other discarded solid material from agricultural operation and from communityf activities and it includes solid or scrap building materials; "State" means the Sokoto State of Nigeria; ", "structure" includes a fence, kiosk, sanitary used for the display of wares or cafeteria; "tenement" means land with building which is held or occupied as distinct or separate holding or tenancy of any wharf or pier and it includes a shop or mark~t stall; and t , "waste" includes waste of all destructions of any substance which constitutes scrap materials, an effluent • or other unwanted substances arising from application of any process. 3. (1) There shall l:i'e a monthly environmental sanitation," exercise in the state. r ~1 -- • Duty of the occupfer, e A44 h the 1ere the ncy or .iser of • owner, :rson in vith the limited ' ~istered solid .munity 1terials; vehicle held or • of any ; and of any !ffluent 1tion of t .,itation I Law No. 7 of 2015 Oury of the owner, tenant occupier, etc 4. Sokoto tate of Nigeria Vol.1 A45 (2) The monthly environmental sanitation shall take place on every last Saturday of the month between the hours of 7:00am to 10:00am . (3)There shall be restricted, the movement of persons and vehicles in the state during the hours of monthly sanitation except the special utility vehicles and persons on special assignment. ( 4) The Governor shall when the need arises, have power to suspend or shift to another day, the monthly sanitation exercise for a particular month. · Ai from the commencement of this Law, •every owner, teyant or occupier of any building shall: :~ .~; . .(a) keep clean the sidewalks and gutter area (45 cm from the side walk ·into the street) along the building frontage, sides and back at all times; (b) bind all old newspapers, loose papers, rubbish and rags before putting out for collection; ( c) put refuse into securely tied plastic bags- or leak proof dustbins as may be approved by the Ministry - (d) (e) with tightly fitting lids; " keep refuse dustbins within their premises until the time of collection; ensure that refuse dustbins are covered at all times with tight fitting cover; not dump yard sweepings, hedge cuttings, grass, lea.ves, earth, stones, bricks or business waste with household refuse; Law No. 7 of 2015 Cleanliness of backyard Cleanliness of 101/etslbatlrrooms in restaurants/ hotels, etc Use of sanitary liner bins ' . . . Every commercial vehicle to carry Iii/er bins 5. 6. 7. 8. Obstruction and improper 9. disposal or dumping of refase Sokoto State of Nigeria Vol. 1 ~~'« No. 7 1 ' I (g) not use dustbins which may be leaking or E-ti(. permitting litter to escape or which might injure f people handling them; and k , (h) not litter, sweep out, or throw ashes, refuse, paper, nylon, and rubbish into any street, public place or vacant plot. .A!s from the commencement of this Law, every owner, i ! • tenant, and occupier of ariy building shall ensure the cleanliness of his premises, particularly the backyard and r the courtyard. • Prohibit/on handbills bJ and protect GoV1Jrnmen As from the commencement of this Law, every owner or operator of a restawant, hotel, riight-~lub or school shall ensure the cleanliness of all toilet$ and b athrooms within , the premises.- ;t"~, :1 • •,. (i) No pedestrian shall dispose of any scrap paper, newspaper, candy wrapper, fruit skin and similar refuse anywhere except in the designated refuse disposal site.- t (ii) No person shall use litter bin for household refuse, commercial or industrial waste. , (J) As from the commencement of this Law, every crtnmercial vehicle in the State shall carry a litter bin for . t1ie use ofihe passengers. (2) No passenger shall throw any litter, fruit skins, scrap paper or other item onto the road from any vehi'cle. • I (3) Wh~re no bin is provided the driver shall be liable ·{ for any contravention of Subsection (2) of this Section. J.., (1) AU side-walks shall be free from obstruction to f • allow free flow of pedestrian traffic. (2) All streets shall be free from obstruction arid from f construction or demolition materials. Str11ctur1 andabw A46 1g or injure paper, !lee or ,wner, re the rd and mer or ,I shall within paper, refuse site. refuse, , every bin for t skins, ·ehicle. ,e liable ;tion. ction to nd from Law No. 7 of 2015 Prohibiti''on of parting of handblfls-by individuals and protection of Government posters, etc. l 0. Sokoto State of Nigeria Vol. 1 A47 (3) No person shall dump indiscriminately any domestic, industrial or commercial waste, or discarded vehicle spare parts or tyres along highways, roads, channels, gorges, vacant land directly or through private operators except at designated refuse disposal sites. No person shall: () paste any handbill, po~ter, notice, sign or r advertisement that bears the name of hjs organization or business on side-walks, trees, bridges: abutment, public dustbin hydrant, highway or on any street without the permission of the appropriat~ authority; (b) tear down, deface or destroy any notice handbill, sign, advertisement or poster put up or e.osted by or under the direction of the Government or any of its agency. - - Struc/ureo11roadsetback 11. (1) No person shall: and abuse of open spaces \ f I (a) (b) (c) (d) construct or put any structure on roads, footpaths or on the required road setbacks; use any road, street or other setback as a I mechanic workshop; display, sell or buy goods on roads, bridges .. J and road setbacks; cook or sell any food on road, rail tracks, bridg~s and road setbacks; (e) defecate or urinate in the drainage or any open space; and (f) organize or hold social partie~ or religious - activities on any major ;oad. •• \ law No .• 7 of 2015 Prohibition of cut1/11g roads without approval • Fees for ptrmil . . Maintenance of drains, sewage and septic tanks Sokpto Siate of Nigeria Vol. 1 A48 rd) No person shall allow cattle, goats, 0 sheep or other ~imals to roam on the road or any open space. 12. (1) No person shall dig across any road for any 13 . 14. purpose without a prior written approval or permit ~, 0~ • \ (a) the State Ministry of Works or its Agency or Parastatal; or (b) any relevant state organizatio~; or ( c) an appropriate Local Government. (2) It shall be the duty of the person who lawfully digs 1 a road to reinstate the part of the road dug within seven days. (i3) The reinstatement referred to in Sup-Section (2) of this Section shall not be considered done until an assessment i.s made by the State Ministry of Works or the Local Government as the case may be.- There shall be paid such•permit referred to in Sub-section ( 1) of Section 11 of this Law, the sum of N20,000.00 (Twenty Thousand,.Naira) which is subject to review by the Ministry or the appropriate Local Government as and when necessary. ( 1) • Every person shall: (a) clean and maintain any drain in the frontage, sides or rear of his tenement or building; and (b) provide suitable holding tank for liquid and ensure regular evacuation and disposal of same. (2) No person shall cause or knowingly permit any trade or sewage affluent or liquid waste to be Vehicle,, refasr to A48 Jther :nnit :y or digs ·ithin 2) of :il an , forks ction )0.00 w by sand i and a\ of . any o be law No. 7 of 2015 Yacant lands Vehi'clcs 1ranspor1ing refuse to be covered .. Burning. Jtoring or burying trade waste Sokoto State of Nigeria Vol. 1 A49 . discharged into any drain or drainage system, road, gorges, water courses or any part thereof except at such place as may be authorized by the Ministry. 15. (1) Every grantee, lessee, or licensee· of any vacant land shall ensure that there is no heap of refuse rubbish 16. 17. I , ' ' overrown weed or offensive material on such land. (b) No person shall use heap of refuse or rubbish to fill va~ant land, swamp, gorge or marshy land. ( 1) All vehicles or containers used in transporting or conveying refuse shall b.e securely covered in such a way that the contents do not litter the road. (2) Where a vehicle or container is used . m transporting or conveying refuse co~trary to Subs~ct1on • ( l) of this Section, the driver or earner shall be gl.!!-lty of an offence under this law. t be disposed at the (J) All domestic refuse mus designated refuse disposal sites. rkets restaurants, schools, (4)" All waste from ~a ,d ·other ,commercial i 1, · premises an b c shops, re 1g1ous ed in lastic waste bags e1ore ins~tutions shall be pack P ~ .J dis~osal. ) No person sha\\: . (1 . . ... r1y teriement or open bur)' refuse on'"' (a) burn or p\ace; or commercial bur)' i.ridustri.al (b) throw or tenement; waste on any an i.ucinerator truct or use . f the / C) " erect or c?ns rova\ or pertnll ~ \ without pnor app vernrnent or }11.unstr)'. appropriate Loca\ Go Law No. 7 of 2015 okoto State of Nigeria Vol. 1 A50 · -----------+---------------------- Silt Removal Obnoxious or poisonous waste Penalties and offences Establishme/11 of private refuse collection ourjlr .. ... . Application for registratipn. 18. -No person shall leave silt; earth, or other materials, excavated du;ing construction or maintenance of drain on the roadside beyond 48 hours. 19. No obnoxious, toxic or poisonous waste shall be deposited in a waste dustbin. 20. (1) Any person, who contravenes or fails to comply .with any of the provisions of Section 3 - 19 of .this Law is guilty of an offence and shall, on conviction be liable to the fine specified under the Schedules of this Law. [First and Second Schedule.~] (2) Where an offence has be~n committed under this Law by a Company or body corporate such a Company s~all on conviction be liabl e to a· fine of NI 00,000.00 ( ne Hundred Thousand Naira). -. •• . ' ·-, ~\· ' 21. "(1) As from the commencement of this Law, no person shall establish, carry on or run a private refuse collection outfit except such outfit is registered with"i:tie Ministry. (2) All tenements, markets,· motor parks, stores and other places of business may patronize appointea private operators for the collection ar1d transportation of domestic, garden and commercial refuse to designated landfill sites. (First and Second Schedules) 22. (1) An appliGation for registration shall be made to the istry in su cH terms and manner as may l:le prescnbed. Notwithstanding the provisions of Subsection (1) o is Section, Ministry may not register a priv ate refuse collection butfit unless such outfit satisfies the conditions governing the issuance of a· li~ense. Power to, Sanitary fl A50 terials, ·ain on ill be ompl.y sLaw liable 1./' er this npany )00.00 w, no refuse ith the, :s and· >rivate m of µiated to the :ibed. >n {l) refuse '.itions Law No. 7 of 2015 Issuance of license Su.rpension or revocation of license Designation of refase !Jisposal sites Penalty for non regi.stratio11 Power to appoint Sanitary Inspectors Sokoto State of Nigeria Vol. 1 A51 . 23. -( 1) The Ministry shall upon the payment of a prescribed fee, issue a license to any person who applies under this Law. C?-? Any license issued pursuant to Subsection ( 1) of ~s Section shall be renewed every twel~e calendar mpnths from the date of issuance. I • ...J (3) The· fees payable by an applicant under the provisions of this Section 'shall be subject to review every 12 calendar months. 24. Where it appears .to the Ministry that the provisions of this Law are not being carried· into effect by any outfit or that the outfit is not run in the best interest of health, the Ministry may: (a) suspend the license of such an outfi( ·until the cond.itipns which caused the order of suspension to be issued have been rectified; or (b) cancel the license of such of an outfit. 25. Fbr the pwpose of this Law, refuse disposal sites for ijlposit of refuse or waste· shall be designated by the • iriist~ in collaboration ·with. the appropriate Local , ovemment. 26. Any private· refuse coljection operator who fails to • register with the Local· Government and to obtain a license from the Ministry is guilty of an offence and shall be· liable tp fine or imprisonment-. as specified under the Schedule to this Law. (First and Second Schedules) 27. (1) For the effective implementation of thei; "functions under this law, the Ministry and the appropriate Local Governmtnt shall have power to appoint sanitary inspectors. -. \ • I Law No. 7 of 2015 • Powers ojSanitary /n.sp<!Cton Penalty/or obstructing a Sa11frary ln.spcctor Notice to abate nuisance Sokoto State of Nigeria Vol. 1 (2) The sanitary inspectors shall perform such functions ·as may be prescribed by rules set out by the Mjnistry. 28. ( 1) The Sanitary inspectors or any Authorized office of the Ministry and Local Government or any other la~ enforcement agent authorized in writing by the Minis~ may between the hours of 8 a.m. and 6 p.m. enter and •. examine any tenement or frontage, back or any side of a tenement m order to ascertain the existence of any nuisance. (2) The Local Government may any of its officers to: (a) irispect any open space, public place, recreation ground, drain ot drainage system, restaurants and such places as may be designated; (b) carry out other work in a lawful manner on a· drainage system for the continuous flow of such drain or drainage system. 29. Any person who obstructs a Sanitary Inspector or any authorized officer or any person engaged is carrying out the provisions of this Law is guilty of an offence and upon conviction shall be li able to the fine of NlO,0OO.O0 (Ten Thousand Naira) or to imprisonment for six months. 30. (1) A Sanitary Inspector or any authorized officers o the Local Government authorized • in writing by the Ministry shall, if satisfied of the existence of a nuisan • 4, ~ serve a notice as prescribed in the Schedule. to this Law to abate the existing nuisance or prevent recurrence of the nuisance. (Third Schedule) A52 mctions .try. officers her law v1inistry 1ter and ide of a of any writing :reation nts an:d r on a ,f such or any ing out ce and 000.00 1onths. :ers of )Y the Law No. 7, of 2015 ·t • Courls. Sokoto State of Nigeria Vol. 1 A53 (2) I Any person who upon being serv~d with tl,l~-notice refe4red to· in Sub-section ( 1) of this Section fails to abate .. .J the nuisance -is guilty of an offence and shall be liable to a fine of: • (a) N5,000.00 (Five Thousand Naira) in the case of an individual; or . •• (b) N20,000.00 (Twenty Thousand Naira) in the case , , 31. of Company . The Magistrate Court or such-mobile courts as .may be constituted by the Chief Judge of the State s~ll have jurisdiction to try all offences and other maters specified under this law and impose the prescribed penalty. ' l • SCHEDULES FIRST SCHEDULE FINES (fNDIVIDUALS) .... .. . ......................... .,. .. ............................... .. ,.. FfNES ~ S/No Violation· Minimum Maximum - • -·---------------- .... ------........... ---.. ------------------------- ....... -----·--...... ----- l. 2. 3. 4. 5. 6. 9. 10. 11. 12. Failure to clean sidewalk ........................... .- Failure to clean 45 cm from curb into street ... . Failure to clean drains and gutter area .......... . Littering/throw out,-non provision oflitter.bin in 'commerdal veliicles ........... ·:·· ,'; .-: ; .-.-. : . .... . Sweep out .. • ................................... -.... .. Failure to use covered dustbin or waste bags ... Sidewalk obstruction ............................. . Streetf bstruction ................................ .. Im pro er disposal of refuse .................... .. Dump ng of refuse on vacant land or overgrown vacan land ......................................... . . . 500 500 1,000 1,000 500 500 2,500 4,500 500 6,000 •, 2,500 2,500 2,500 2,500 2,500 1,000 5,000 5,000 1,000 10,000 J ' j - l I .., \ • - ; f law No. 7 of 2015 Sokoto State of Nigeria Vo\. 1 A54 l I .. 1J. 14. 15. 16. 17. 18. Failure to clean premises, baskyards !ind courtyards etc ................... : .................. . Failure to maintain clean toilets in Restaurants, Hotels, shops and schools ....................... .. Posting of bills .................................... .. Remov~l of city advertisements ................. . Discharge of sewage into public place ........ . Failure to keep to the restriction of movement On s.anitatiof1 days , ... .,. .,., , ·------------- SECOND SCHEDULE . . - 500 •, 2,000 \ 5000 10,000 500 2,500 500 2,500 5,000 10,000 1000· 5000 . ; t • ------------------------.. -----------------------...... ----.... -........ ---------..... ------.. - ' ------.... ----------.. FINES S/No Violation •· Minimum Maximum -- ---- - .. -- -- - - -- - .. -- -- - - - - - - - .... ·- -'I" --- - -- ...... -- .. - - .. -- - -- -- - .... - - .. - - - - - .. - - - .. - -- ..... -- - - - -- .. - -- -- - - .......... - 14. 15. 16. • I 7. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Commercial waste disposal ..................... . Improper -disposal of refuse ..................... . . Illegal dumping of refuse ........................ . Post1ng of bills ............... -~ ................... . Protection of city advertisement ............... .. 5,000 10,000 20,000 . -· 75,000 4,ooo 1 o;ooo 5,000 10,000 7,000 " •, 12,000 Structure on road setback and drainage alignment .. .. . .. .. . . .. .. .. .. .. .. .. .. .. .. .. . .. .. .. . .. • 30,000 60,000 ... • , (fine and demolitipn of structure) t l F\}ilure to clean drains .. . . .. . .. . .. .. .. .. .. .. . .. . .. 5,000 20,008. . 1 Sewage di,~posal ............ ·...... ..... .... . .. . .... 20,000 SO,~.. i Failure to·c9ver waste trucks . . . . . . . . . . . . . . . . . . .. 20,000. 30,()(){j f Was~e bll[!1ing .... .. ...... ... .. . .... .. .... .. .. ..... 5,000 10,000 f Storage 9F ti:ade w?'ste .. .. . .. . .. . .. . .. . .. .. .. .. .. 50,000 50,000 • .. Buming1f trade waste .. .. .. . .. .. .. . .. .. . .. .. .... 45,000 65,000 , Silt depo it E,1.long.d~ins .................... :. .. 25,000 30,000 r Direct-d aling with unregistered private 1•-J Contractors ........ : ........................ :...... 5,000 10,000 Unregistered private refuse contractors . . . . . . .. I o·,ooo 50,000 l Cutting of.road by company without approval 25,000 100,000 Sealing up of motor parks, markets, stores and other places o f busjpess ........ : .................. . 25,000 25;000 I j. r 1 Law No. 7 De, AB LA Ins tcr an, [n of pr, M A54 2,000 10,000 2,500 2,500 10,000 5000 ----------! laximum 10,000 75,000 1 o;ooo 10,000 12,000 60,000 ucture) 20.~­ so,000· 30,000 10,000 i0,000 i5,000 10,000 0,000 0,000 0,000' 5,000 Law No. 7 of 2015 okoto State of Nigeria Vol. 1 THIRD SCHEDULE (Section 30) Dear SirJ Madam, ABATEMENT OF NU1SANCE NOTICE UNDER ENVIRO.NMENTAL SANITATION LAW 2015 inspection carried out under the above mentioned Law on tenement situated at ..................... • ............................................................. Within. Sokoto State on ......................................................... Has revealed that you have failed to keep your tenement and its surrounding free From filth, rubbish, refuse or waste of all description and/or ..................................................................................................... .. , . l.i:i these circumstances, unl~ss you abate the said nuisance within three days after the service of this notice, the provisio 1s of the above named Law will be enforced and you will be prosecuted as provided by t e Environmental Sanitation Law 2014 MADE AT SOKOTO T~IS ........ ?.?:~~P. ... DAY OF.: ........ A11l1t: ......... 2015. This printed impression has been care/111/y compared by me the Bill w/Jic!, has been pas:.·ed by the House of Assembly and found tf lo be a • • and correctly printed copy of the said [.,aw. MOHAMMAD CLERK TO ••• : •••••••• ji;: ,;i:Jli-!lt::~£A .. ' ........ . Speaker Sokoto State House of Assembly . . , \ \ A55 .J . .J . .J