Abia State Environmental Protection Agency Law, Chapter 11, 1994

l [CAP.11 193 Abia State E11viro11me11tal ['rotection Agency Law CHAPTERll ABIA STATE ENVIRONMENTAL PROTECTION AG�NCY LAW A Law to provide for the establishment, operation and functions of the Abia State Environmental·. Protection Agency and for matters connected therewith. [27th July 19941 PART I- PRELIMINARY 1. This Law 'i;;ay be cited as the Abia State Environmental Protection Agency Law. 2. In this Law, unless the context otherwise requires - "Agency" means.the Abia state .Envir�nmental Protection Agency; "air pollution" means air that contains one or more chemicals in high enough concentrations to harm humans, other animals, vegetation or materials; 'appropriate body" means the Ministry of Environment, Solid Minerals and Co-operatives, the Ministry of Agriculture and Rural Development, the Ministry of Works. and Transport and the Ministry of Health and Social Welfare; "authorized officer/Special Agent" means any employee of the Agency or any. Police Officer not below the rank of an Inspector of Police or any customs officer; "contaminant" means any solute or other material that upon contact or mixing with air, water or land or other elements, will adversely affect its purity as to cause pollution of the air (as in air-borne contaminants), water, land or in the case of any other elements will cause same to be impure; "council" means the Ahia State Environmental Protection Agency Council; "effluent" means any substance, particularly liquid that enters the environment from a point source and generally refers to waste water from a sewage treatment or industrial plant; 1\0SN No. 7 nf 1 1,)')4; No. 7 .. r 1w5 Cummcncc­ mcnl. Ci1a1i11n. ln1crprc1a1ion. AIISN Nn. 7 nf 1'1')5. (Cap 145) [CAP. 11 : 194 Ahia State Environmental Protection Agency Law "environment" means aggregate of external conditions that affect the life of an individual, organism or population; "environmental impact statement" (EIS) or Environmental Impact Report (EIR) is a decision-making tool that is meant to furnish scientific data on potential effect of a project on people and the environment; "fees" means the fees charged for refuse collection, removal. disposal and other like services rendered by the Agency under this Law; "General Manager" means the General Manager or Chief Executive of the State's Environment Protection Agency; "Governor" means the Governor of Abia State of Nigeria; "landfill" means a land waste disposal site that is located without regard to possible pollution of ground water and surface water due to run-off and leaching. Waste is covered intennittently with a layer of earth to reduce scavenger, disease, air pollution and aesthetic problems; "mobile court" means the mobile court already established under the Weekly Environmental Sanitation (Appointed Day) Law; "open dump" means land disposal site where wastes are deposited and left uncovered with little or no regard for control of scavenger, disease. Air pollutiori, water pollution or aesthetic problems; "pollution" means an undesirable c�ange in the physical, chemical. or biological characteristics or the air, water or land that can ' harmfully affect the health, survival or activities of human or other living things; ·, , ,�:- , "refuse" means g{\fbage, refuse or other discarded solid materials resulting from domestic, industrial, commercial or agricultural operations or from community activities; "refuse disposal" means the collection, removal, storage, treatment, utilization, processing or final disposal of refuse; "sanitary landfill" means land waste disp.osal site that is located to minimize water pollution from run-off and leaching; waste is spread in thin layers, compacted, and covered with fresh layer of soil, each day to minimize pest, disease, air pollution, water pollution and aesthetic problems; I I 3. 4. [CAP. 11 195· Abia State Environmental Protection Agency Law "secured landfill" means a land site for the storage of hazardous · solid and liquid wastes, which are nonnally placed in containers and then buried underground, the location has restricted access, is continually monitored and is located above geological strata that should prevent any wastes from being leached i'nto ground water; "significant" or "significantly" means wherever it appears, potential to degrade the quality of the environment over a long tenn or potential for individual effect on the environment, though 1 limited, to have great short-term cumulative·effect; "sludge" means. solid matter, set.tling to the bottom of sedimentation ta! lks in a sewage treatment plant that must be disposed of by digestion or other methods or recycling to the fand; 'watershed" means land area immediately bordering on streams. rivers, lakes and qaf}) reservoirs or water-catchment area or drainage basin. PART 2- ESTABLISHMENT, MEMBERSHIP, FUNCTIONS AND POWERS OF THE ABIA STA TE ENVIRONMENTAL PROTECTION AGENCY (I) (2) There is hereby established a body to be known as the Abia State Environmental Protection Agency, which shall be a body corporate with perpetual succession and a common seal with power to sue and be sued in its corporate name. The Agency shall report directly to the Governor. (3) The Government shall as soon as possible after the commencement of this Law, encourage Local Government Councils to set their own Environmental rrotection Bodies for the purposes of maintaining good environmental quality in the areas of related pollutants under their control subject to the provisions of this Law. (I), There shall be as the governing body of the Agency a Council which shall consist of the following members: . . (a) the Secretary to the State Government who shall be the Chairman; !"stablish• �11tofthe Ai.;�11cy. AllSN No. 111( l99� Mcmhl..'f'Jhip nf the Council . �- � t � Tcnurcol offi�ol memben. moval, 41'1 otricc II mbcr. [CAP.11 196 Abia State Environmental Protection Agency I.Aw ABSN No.. 7 of 199S (2) (3) (b) the Commissioners charged with the responsibility for: (i) Agriculture (ii) Works and Housing (iii) Heaith (iv) Finance (v) Justice (vi) Lands and Survey (vii) Education (viii) Trade and Industries (ix) Environment, Solid Minerals and Cooperatives (x) Local Government and Chieftaincy Affairs; .(c) . · Two members from the private sector who have distinguished themselves in environmental matters; and (d) General Manager (ASEPA); • Whe,e the Commissioner is unable to attend a meeting of the , • I � Council, the Permanent . Secretary of the , Mii:iistry concerned may represent him at the meeting. ., . A member who is� not; public officer shall: (a) hold office for a period of three (3) years in the first stance and shall be eligible for reappointment for a further term of two years. (b) be paid such remuneration and allowances as the Governor may, from time to time, determine. (4) The supplementary provisions expressed in the First Schedule to this Law shall have effect with respect to· the proceedings of the Agency and other matters therein mentioned. 5. The office of the member who is not a public officer shall become vacant if he.:/ � 6. 6. [CAP.11 197 Abia State Enviro11me11tal Protection Agency Law (a) resigns his office by a letter addressed by him to the Governor through the Chainnan of the Council; or (b) if the Governor is satisfied that it is not in the best interest of the Agency for such a member to continue in office as a member. The agency shall, subject to this Law (a) . determine the conpitjon of the State's environment, . (b) (c) report on same and recommend new environmental policies and programs to the Governor; appr�ise and qo-o�ginate the State's environmental -�.programs and actl�ities, while advising the Governor r on environmental P:pblems and solutions;• establish guidelines· for the preparation of Environmental Impact Statements (EIS) or Environmental Impact Reports (ELR); (d) demand and process an Environmental Impact Statement or Environmental Impact Report for any legislation or project that is proposed for execution in the State by any local government or parastatal. where such legislation or project as financially � sponsored, regulated or proposed by it, can significantly affect the environme1\ta! quality of the State. So however - (i) non-compliance with the prov1s1ons of this subsection by any local government, State or Federal Ministry, department or parastatal shall attract a fine not exceeding ten thousand naira; (ii) the agency shall · issue "stop work order" on such project; (iii) the agency shall seek legal injunction to block continued 'progress with any project where provisions of this sub section have been ignored by the offender; 1'11nc1iuns of the Agency. ,, ' . [CAP. 11 198 Abia State Environmental Protection Agency Law (e) (f) (iv) continuation of work on the project at the termination of period specified in the "stop work order" shall attract a fine not exceeding ten thousand naira for each additional day work is continued on such project in violation of this section; demand and process an Environmental Impact Statement for any project that is proposed for execution in the State by any private individual, or public organization, body corporate or international organization where such project, as financially sponsored, regulated or proposed by1 it can significantly affect the environmental quali\y of Abia State. So however, violation of the provisi9ns of this sub-section shall attract the following penalties - (i) an individual who contravenes this subsection shall be guilty of an offence and liable on conviction to a fine not exceeding ten thousand naira or to imprisonment for one year; (ii) for a group of individuals, the penalty shall not exceed ten thoiisand n aira fine :for every individual who �cons�r\led • to · the I \ • • , contravention. Subsequently, there shall be an additional fine of five hundred l naira for each day work is continued on such project in violation of a "stop work order"; (iii) where offence has been committed by a body . corporate, it sh�II be liable to a fine not exceeding five hundred thousand naira and an additional one hundred thousand naira for each day work is continued on the project in violation of a "stop work order": 1 ,{ prepare periodic master plans for the development of I environmental sciences and technology and advise the State Government on the financial requirements for implementing the plans; 6A (1) (2) [CAP.11 199 Ahia State Environmental Protection Agency I.Aw (g) ' promote co-operation and research in environmental ! organizations and Government agencies as well us : Departments, Local Government Departments und other statutory bodies within and outside Nigeria; There is hereby established for the Agency a technical committee to be known as the State Environmental Protection Agency Committee, (hereinafter called the "Committee"). The Committee shall consist of the following members: (a) the General Manag�r/Chief Executive of the Agency who shall be the Chain1 1an; • r. three distinguished scientists having wide knowledge and expertise in biological sciences; engineering or environmental sciences to be appointed 6y the Chairman of the Council on the recommendation of the General Manager. (c) one representative from each of the following Ministries not below the rank of Permanent Secretary: (i) Agriculture, (i) Works, Housing and Transport, (ii) Health, ' (iii) Finance, (iv) Lands, Survey and Urban Planning; and (v) Commerce and Industry, and (vi) Education (vii) Justice (viii) Environment, Solid Minerals and Cooperatives (ix) Local Government and Chieftaincy Affairs. (d) Zonal head of the Federal Environmental Protection Agency (FEPA). Stoic l!nviron• mcn1ol l'rocc:ctloo A;c:ncy Commincc. No. 7 of 1995. Functions of 1he Commlnce No. 7 1995 Powers or 1Jic Atcn�v ... [CAP.11 200 Abia State Environmental Protection Agency Law The functions of the Committee shall be as follows: I . (a) to assist a1:1d advise the Council and•. the Agency in the perfonnance of their functions under this Law and (b) to give te,chnical opinion .on issues referred to it or delegated by the Council. ·1. In carrying out the functions prescribed in section 6·of this Law and in other provisions of the Law, it shall be lawful for the Agency to - (a) offer grants to suitable establishments and academic research institutions as to foster and promote the fun�tions of the Agency and the provisions of this Law, (b) publish and provide basic scientific data through appropriate infonnation media; (c) perfect or execute contracts and agreements with individuals, private, public and international organizations for the purpose of implementing and fulfilling its functions an'd responsibilities pursuant to this Law; (d) (e) < establish advisory bodies as the Agency may deem necessary in c,arrying out the provisions of the Law; estabiish:. en�ourage and promote educational aQd .. ',: ' . . ' training programs for its staff..�nd other appropriate· individu<!ls · from· privata, ··pllblic and institutional organizations; (f) establish procedures that will mitigate the potential adverse environment impacts of the various commercial, industrial, agricultural and public service activities in the State; ' (g) maintain a program of technical, research and educational assistance on environmental protection and management to and through private or public establishments; >O n N d C e s I i 1 [CAP. 11 · 201 Abia Stare E11vironmental Protection Agency Law . (h) develop and promote such processes, methods . equipment, gadgets, and materials as may be deemed useful or incidental in implementing the purposes and provisions of this Law; (i) co-operate with the relevant Government department to ensure that the automobiles and other vehicles used for ·commercial transportation of persons in the State are in such structural and mechanical state as not to constitute undue hazard to people and the general environment, considering such factors as e�issi�n of .,,px,���st · i!\i�es, ease with which doors coula be opened'.'as needed, ventilat�n, response to ,/ · collision or other major:and minor physical impacts. ' I r- ,. • t;. .. • � \ .,, • , • : I 8. . Su�ject' to the provisi'ons oJ: this L�w, the State Government may give directions to the Agency on Jl)atters of. general and specific .nature and ... -�� ... -...: ,., ' . it shall be the duty of the Agency to comply in a manner that best protects the pro;1isions of this Law. 9. (1) There shall be appointed by the Governor a General Manager of the Agency. (2) The General Manager who shall be the Chief Executive of the Agency shall hold office on such tenns and conditions as may be specified in his letter of appointment: (3) The General Manager shall be a person with fifteen (15) years post qualification experience, ten of which must have been at management level and with a bias for the biological and engineering sciences; (4) The Agency may appoint such other persons to be employees of the Agency as it may deem fit on such tenns and conditions as may be determined by the Agency; (5) The Agency shall have powers to make, with the approval of the Governor, staff regulations governing conditions of service of its employees� (6) The Agency may grant loans to its employees for purposes approved by the Governor. PowL-r of S1a1e IO give directions. Ap(l<linllnc ni of (;encral Manager and other employees. 1'1.•mions (C�p. 346) Powers of the General M:inoger. t•ow€f of the al!ICToCY 10 acceoi gifts, CIC, 10. (I) [CAP.11 Abia State Env ironmental Protection Agency Law 202 It is hereby declared that service in the Age�cy shall be public service for the purposes of the Pensions Act, and accordingly officers and all other staff of the agency shall in respect of their services be entitled to such pensions, gratuities and other retirement benefits as are prescribed thereunder. (2) For the purpose of the application of the provisions of the Pensions Act any powers exercisable thereunder by the General Manager or other authority of the State Government . (not being power to make regulations under section 36 thereof) are hereby vested in and shall be exercisable by the Agency and not by any other person or authority. 11. The General Manager shall, subject to the policies laid down by the Agency. develop programs to carry out the purposes and provisions of this Law and without prejudice to the generality of the foregoing, shall in particulai:'and in consultation with the appropriate agencies - 12. (a) establish programs for the prevention, control, and mitigation of pollution of the State's air. land and waters, as well as programs for the restoration and enhancemel)t <;>.( t�� State's environmenti (b) ·eitablish program.for the protection and management o.fJ�e State's fragile ecologies a-9:d geol'ogies, marine ,r,esqµ.rces, wild life, th1:eatened and! cndang�red species and wilderness areas; (c) establish programs for the protection, preservation and conservation of the State's natural resources; (d) establish programs for the protection and preservation of the. State's cultural, religious and archaeological heritage as well as its historical sites; (c) conduct public enquires and investigations on matters surrounding contraventions of the provisions of this Law. (!) Subject to sub-section (2) of this section the Agency may accept gifts, grants, books, audio visuals, money, land, other technical gadgets and materials from local and international I \ '\ (2) [CAP.11 203 Ahia State Enviro11mentql Protection Agency Law donors upon such tenns and conditions as may be specified by the donor. : The Agency shall not accept any gift where the conditions or � tenns of donation attached thereto by the donor are i inconsistent with the functions of the Agency as stipulated under this Law. 13. For the purposes of providing residential accommodation for its staff, offices and premises as may be deemed necessary for the perfonnance \ of its functions under this Law, the Agency may - 14. (1) (2) (a) be granted �tatu\ory right of occupancy or be I assigned any interest on real estate property; q ••• ' , \ (b) , . :�build. or· ·qev¢).op;,· in any form, furnish, equip und ; :-..,, maintainJesid��at:�quarters, oJficers and premises;l .:.r.. --��,.. . : (c) alienatet�tJY fiJhts-.if'acqujred. in- sub-section (a) of I this seciiS¥i witli"tlitw'niteii""consent of the Governor, as may be deemed necessary in the execution of the functions of the Agency. The Agency shall establish and maintain a fund from which shall be defrayed all e�pense� inc':1rred by the !t,gency in the . perfonnance of the Agency's duties and functions under this Law. There shall be paid and credited to the fund established under sub section ( 1) of this section - (a) (b) (c) such sums as may, periodically, be granted to the Agency by the State and Federal Governments or by the Federal Environmental Protection Agency ; all monies raised for the purposes of the Agency by way of gifts, grants-in-aid, testamentary disposition and sale of publications; and monies from subscriptions, as well as fees and charge from all other servi,ces rendered by the Agency and all other sums that may accrue to the Agency from any other source. Righi of o,.-cup;incy. n.-sidencc. ornci.-s and pn:miscs. Funds or lhc Agency. .. ' ........ ...... • • - , . .. • 0 Borrowin& pOWI.TS. Annwil CJtlm:11cs, Accounts 1111d Audit. St:itc w:itcr qwility: cffiucnt limitatims Slllnd:ud. [CAP.11 204 Abia State Environmemal Protection Agency Law ·(3) The Agency may ,invest any· of its surplus monies in such securities as may,\;>e permitted or approved by the Governor. t 'o • I� 15. The Agency may, with the consent of the Governor or in accordance with the general authorjty.,gi-xei:\. �y. the St<!.le Government, l;>orrow by way of loan or advances from any ·source, any monies required by the Agency to meet its obligations and functions under this Law, provided that the amount so �rrowed ,does not exceed the amount so approved over the period for the Agency by the State Government. 16. 17. ... (1) The Agency shall, within six months prior to the end of each financial · year, prepare an estimate of its expenditure and projected income for the succeeding financial year. (2) · The Agency shall keep ahd maintain proper accounts and • re½ords in relation thereto and when certified by the Agency, such accounts shall be audited as provided in sub section (3) of this section. ··(3) The accounts of the Agency shall be audited annually and as soon as may· be practicable following the end of each financial year by an external auditor from a list of auditors qualified to be appointed as external auditors submitted to the Agene,y:by,the.State Audi tor-General. (4) The list shal} pr2y,id!!. ct g�fcleline on the, level of foes to be paid to external auditors. . . - I ; • 1 ,. '.1 .Q .. ,�, ..t • ,· ... (5) . T�e . St��e �udito���<rn�ral��h�J), -��-�nnent on the annual· · accounts of'Hie,· gen cy �nd·th.e auditor's report thereon . . (6) . ·. 1:he Stat'e11Au d . itbr��;��ral sh.a!i tbereaft!r submit his report qn the audited accounts of the agency to the Chief Executive of the State. PART 3 - STA TE ENVIRONMENTAL ST AND ARDS (1) (2) The Agency shall set an interim goal of making all state waters safe for fish, wildlife and people. The Agency shall establish a State effluent water standard and non-compliance with the State effluent water standard shall attract a fine not exceeding five hundred thousand naira. 1 4 i: h :e 1y .0 1l )r :h 1d 1d y, -. 3 ) 1 S :h rs lo >e al rt ,e 18. le [CAP. 11 20 5 Abia Stat e E11vironmental Protectio11 Agency Law (3) The Agenc y shall mandate all rural and urban towns withi n • each loca l governmen t council withi n th e State to us e secondary sewage treatment, and all industries to use the bes t practicable technology (BPT) for treatment of all effluents. (4) , Any local governmen t council or industry tha t fails t o comply with the provisions of sub section (3) of this sectio n by a date that is to be specifie d by the Agen cy by regulatio n shall be liable to a fin e not exceeding fifty thousand nair a and an additiona l five thousan d naira fine for each year i t takes the Local Government Council or industr y to remed y the contravention. (5) (6 ) In addition to sub section (4 ) of this section , the A gency shall. enforce a zero discharge of such effluent s into the Stat/s water , rivers and lakes . Continued discharge pf effluents into ·the State' s waters , rivers and lakes in violation of the provisions of this section shall attrac t additiona l fine no t exceeding one hundred thousand naira . (7) The Agency shall have the State and Loca l Governmen t Councils and industries , corporate bodie s and com panies provide funds for cleaning-up of alread y polluted waters , rivers, and lakes. (8) Industries, corporate bodies and companies who·se activitie s stress the environment shal l pay to the Agency such stres s fees as may be determined-by the Agenc y . (l ) The Agency shall regulate , monitor and introduce modem methods of solid waste ma nagement while discourag ing and eliminating the use of open dumps . (2) The Agency shall administer research on better methods of solid waste management, including resource recovery and conservation. (3) . The Agency shall monitor and provide teclrnical assistance lo State and Local Government Councils for developi ng and maintaining comprehe nsive environmentally sound p rograms Solid w:is le. ' I [CAP.11 206 Abia State Environmental Protection Agency Law i for waste disposal. resource recovery and resource conservation. (4) The State or any Local Government Council that fails to develop and maintain an environmentally sound waste management plan, by a date that is to be specified by the Agency by regulation, shall be liable to an annual fine not exceeding fifty thousand naira for each year it is in default. (5) By the provisions of this Law, every household and operator of business premises is' required to properly 'contain all wastes generated by him in a suitable garbage or trash container for regular collection by the appropriate Waste J?isposal Authority and- (a) any person or household who contravenes the provisions of this subsection shall attract a fine not exceeding two thousand naira; (b) any organization, body corporate, institution or company that contravenes the provisions of this subsection shall attract a fine of at least five thousan.d naira, but not exceeding ten thousand naira. (6) It shall, therefore, constitute an offence,.under tbis Law for ·- (7) (8) any person to litter within the t:onfines of !the State's environment and any violation shall attract a fine of two hundred naira. (a) The Agency shall enforce, in collaboration with the appropriate authority, the collection, removal and disposal of refu�e and good general environmental sanitation of the State; (b) "Appropriate authority" in this subsection refers to the particular Local Government Area in which the refuse is collected, removed and disposed�of' (a) The Agency shall assess and ensure• that every privately owned house or tenement, industrial or business premises indicated in column 2 of the Second Schedule to this Law pays to it the corresponding rate in column 3 of the same Schedule; ' . . . . . . . . I (9) [CAP.11 Abia State Environmental Protection Agency Law ·201 (b) (a) ' (b) r I i l .. ¥ ,- The Agency shall collect the rates in column 2 of the Second Schedule to this Law itself or through appointed agents, which may be individuals, companies or organizations. Subject to the provisions of this Law the Agency for the purposes of carrying out its functions under subsectio�·s (7) and (8) of this section may, with the approval of the Governor appoint· agents, which may be individuals, companies or org�nizations and delegate such functions to the agents; Such agents shall have the requisite technology and �nipment for collection, removal, storage, treatment, �tilization, processing, and final disposal of refuse to (10)( (a) designated land-fill sites. • Any person o'r individual in any privately owned house or tenement who contravenes the provil,ions of subsection (8) of this section shall be summarily tried before a mobile court and upon conviction, be liable to pay on the spot the prescribed rate in column 3 of the Second Schedule to this Law inc]uding payment of the corresponding 91)e in column 4 �f the same schedule; (b) A General Manager, Officer or other person concerned with the management of any esta.blishment, organization, industry� corporate body, institution, business or company. which contravenes the provisions of subsection (8) of this section shall be summarily tried before a mobile <;ourt and upon conviction be liable to pay on the spot the prescribed rate in column 3 of the Second Sd1edule to this Law including payment of the corresponding fine in column 4 of the same Schedule; (c) For a continuing offence under subsection (8) of this section, such offender shall pa( for every month he remains in default, the corresponding fine contained in column 4 of the Second Schedule to this Law: .. i J I, l!· I i Conlrol and ITlilllllJCITICfl I of 1oxic !Ind h01.11nlous woste. 0 -19. [CAP.11 Abia State En�ironmental Protection Agency Law ; 208 (l) (2) (3) (4) (5) (6) (7) (d) No provision in this section shall b� deemed to preclude a Magistrate's court fror;n exerc1s111g jurisdiction on any offence created under this section. The Agency shall be tasked to identify toxic and hazardous wastes and set standards for their management. The Agency shall ·control usage, .manufacture and disposal of specific toxic.and hazardous substances. 1 It shall test and certify the safeness of new chemicals prior to granting approval for their usage, manufact�re, sale, and disposal in the State: Sales ·or manufacture ·of any substance that the Agency has certified as toxic � hazardous, injurious to human health, or as having other unacceptable adverse environmental impact • shall attract a fine not exceeding one hundred thousand naira where • the defaulter is a body corporate, organization. company or institution or the value of sales or manufacture is in excess of or equal to ten thousand naira in the case of an individual. • Any contravention of the prov1s1ons of this section by a person or group-of p'ersons shall, upon conviction,. attract a fine of two thousand naira on each person and imprisonment for one year or both. . , , .. · .,.;·( r, .. � ' . . The Agency shall prohibit and �nfo�ce com�liance 1 against use of substances which the Agency believes may present unreasonable risk of injury to health or the environment. Where any defaulter under provisions of this section is required by a court to pay compensation to any person, such compensation shall be paitl by the said defaulter irrespective of the fine provided for �nd to be paid by the defaulter. (8) Where . such · toxic or hazardous substances, including radioactive substances, have been illegally discharged, disposed, or buried wi°thin the State's : environmental boundaries, the Agency shall direct and supervise the clean . up anµ restoratio� of, such, impacted environment to a standard comparable to its prior status as will be reasonably .I n a y [CAP. 11 209 . Abia �tate Environmental Protection Agency Law (9) (10) zo. · ( 1) (2) (3) as'sessed and deter,mined by the.Agency. Such clean-up anc} restoration shall employ the best available technology (BAT). This p�ovisfon ·is however subject to the provisions of the Harmful Waste (Special Crimina� Provisions, etc.) Act. Illegal discharge or. disposal of toxic, hazardous or raclioactive wastes in 'the State contrary to the provisions of subsection (8) of this section shall attract a fine not exceeding five hµndred thousand naira.(NS00,000.00). In aodition to paying. the above fine, the defaulter shall be made tQ provide the cost of clean-up and restorati<?n of the site that h1�s been.-p.olluted by the discharge or disposal of such waste. Generattlf� · of toxic and hazardous wastes are by the ef.rovisions of this Law required to declare same to the Agency for documentation" and proper disposal in a secure landfill. The Agency shall co-operate with such international organizations as the World Wildlife Fund International (WWF-1) and the International Union for the Conservation of Nature and Natural Resources (IUCN) and will require the State and Local Government Councils to set aside key �racts of undeveloped land .as wilderness free from being untrammeled by humans. • . The Agency shall project that some land should 'not be used or developed in ·order to preserve their beauty and ecological ,health as well as the cultural, historical,· religious, and archaeological treasures on them. I The Agency shall in collaboration with the State Ministry of Works . and Transport and Umuahia Capital Development Authority and other planning and development authorities in ;the State, demand and process Environmental Impact Statements - ·i ;<a) I j p'rior to approval and issuance· of Construction Permits for some projects as will be specified by the Agency by regulations; CAP. 165 LFN Cons�-rvn- 1ion nnd pr'l:.�er­ vn1ion of lnnd. ,,; ' · Prol!:1:tion of f'nlgilc . ,. ecology. mmmgcmenl ortond dcgnidatlon 1111d Wlllcnhcd rehabilitatim. (Clp. 75) 21. /· [CAP.11 210 ' Abia State Environmental Protection Agency Law ; • • (4) (5) (1) (2) (b). prior to acquiring land for any project tha� will have a significant impact on the State's environ�ent. -Any person in violation of the provisions of subsection, (3). of · this section, obtains or aids the issuance of a Cons�ction Pennit without the . requisite Environmental Impact Statement as may be required under this Law '.or any other regulation hereunder shal\ be liable to a fine of.ten thousand naira or to jmprisontIJ.��iJor a tenn of one year 9r both. Where the Construction · Permit was so obtained by a body corporate,· an ��g�i�tjoh., instjtution or co.mpa�y, it shall be liable to a fine: not:�xc�eding six' hundred thousand naira. . .,, . . . - \: · :.. ,•; :'·,:(·,/� ;. .v·. r- .: ,': ; l The Agenc'y:'�hall frt·ioliaboratibn with the appropriate body, •. seek and oversee 'the protection of all gully/sheet erosion and the various watershed areas =in the State and shall designate such treas as green belt. AU such areas shall be published in the State gazette and shall be pasted in conspicuous places in the areas concerned to aid easy identification and such green belt areas shall - \ (i) in densely populated areas be within 200 metres from the rim of the gully/sheet erosion or watershed; (ii) in other areas, withi� 2QO ��.t,.es :rroJ the rim of t'he. gull�/sh�� ��o�: ion .o! each ba'.li,k �f thi wa�rshed. The Agency shall . · prevent any form o! . farming and construction activities along the slopes and river banks of the State. (3) The Agency shaU seek and oversee the prot�tion of the wild and scenic free-flowing rivers in the State. '. (4) Save as may be permitted under the Forest 4w of Abhi State of Nigeria, or any other enactment, a green belt shall remain • �an��:��un%!�rYi��ytti��.::, . . · (5) In order: t�)co��-�.tf{(a�ural,�Jsasters ·sue� as f.looding, soil and wind �f��iop,>::���� sil�tion/dessiccation and drought, indiscririlihate,;�Jde'ssi�c.ation · and droug�t. indiscriminate tree felling, any fonn of fanning, quarrying, excavation, road design, building construction or any other form of • \. • . I t� , i e d 1f 22. [CAP. 11 211 Abia State Environmental Protection Agency Law construction are hereby prohibited in green belt areas and in any other area so designated by the Agency in collaboration w�th the appropriat� bodY,,, . ., . ' .. . . (6) The Agency shall oversee the reclamation and restoration of all ecologically damaged, eroded, subsided, slumped, collapsed or instabilized land in the State. (7) The Agency shall isstfe such guidelines for such reclamation and restoration. (8) (I) (2) (a) Any person who - (i) · contravenes; attempts to contravene; or aids or abates or counsels or procures any other person to contravene, any of the provisio9.s of this sectiori sha11 be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand naira or �o imprisonment for a term of five years or both. (b) Where a body corporate, organization or company- (i) conlrnvenes; (ii) attempts to contravene; or (iii) nids or c1bates or counsels or procure.s ;my olhcr person; body co'rporntc, orgm1i1.ation or company to contnwene, any of lhe p,rovision s or lh\s section shall be liable to pc1y a fine not exceeding five hundred thousand nair:i. The Agency shall de.mane! and process an Environmental I1l1pacl Rcporl (EIR) prior lo aulhorizing sm:h exploralory activities as mining, drilling and slrip mining. /\.ny conlravenlion of sub section (I) of I his section shall allracl a fine not exceeding nine hundred thousand n:iira ror every site 1ha1 is mined or drilkd wi1hou1 an Enviro.1me111al Iinpacl Rcporl (EIR) En\'il'l\lllll('II 1:11 l111r:1r1 11., ... ,, (Em) rur tllillill�, l11.". Prolec1ioo ' • j [CAP. 11 212 Ahia State Environmental Protection Agency Law I (3) . Where the offence is committed by a person for a small scale strip mining or other surface mining, he. shall be liable to u fine of not exceeding twenty thousand naira. (4) A person, body corporate, organization, institution or cpmpany that refuse.s to comply with the Agency's directives on restora.tion of land following exploration, is guilty of an offence and sh.all upon conviction be liable to a fine. which shall not exceed one and a half tiTI?es the cost of restoring such land, but shall not exceed five hundred thousand naira. (5) The Agency shall regulate, enforce and oversee restoration of all land in .the State following any mining, drilling or strip mining activ\ties:-.. 1 of riparian 23. (1) The Agency shall' develop programs for protecting the State's riparian forests, wetlands and coastal zones. rorc:sts, etc. (2) (3) Ambient and effiuent �. (l) air quality. (Q) (3) It shall develop plans to establish wildlife sanctuaries in collaboration with organizations like the World Wildlife• Fund International (WWF-1). Abuse of a protected or preserved area or any action that adversely impact� on or is capable of impacting adversely on same shall attract a fine, the total sum of ,which shall not be less than the sum of quantified valye of iuch adverse��ect and the cost of mitigating the . s�a effe�t as is reasonably assessed by the Agency. � f The Agency shall establish and enforce 1State ambient and effluent- air standards for the major air pollutants. Such enforcement shall be by - (a) impoundment,of polluting sources; and (b) clo·sure of such facilities. I ' Any contravention of the effluent air quality standard shall attract the follo,Y.:i�g penalties from the Agency - ' ' - (a) closure and impoundment of the polluting source until measures to mitigate or repair the polluting potentials of the polluting source �re effected; 25. 26. (4) [CAP. 11 213 Abia State Environmental Protection Agency Law (b) a daily storage fee of one hundred naira which shall be charged on each impounded item. Any person, organization, body corporate, institution or company found guilty under the provisions of this section, shall be liable upon conviction to a fine not exceeding five hundred thousand naira. (l) The Agency shall as soon as possible, subject all automobiles in the State to annual pollution emission • inspection which may be a requirement for renewal of i automobile licences in the State. (2) l Any .body who contravenes this section or anybody who aids . ! the �contravention of this section shall pay. a fine not � exceeding five thousand naira or upon �onviction, an 1 imprisonment term of one year or both. (3) Compliance with this section shall be enforced by - (I) (a) spot checks on suspected culprits; and (b) impoundment and mandatory repairs. All the expenses incurred by ASEPA in the dLscharging of its duties shall be defrayed by the Agencies v\sited. The Agency shall - (a) set maximum permission sound pressure levels for construction . equipment,• transportation equipment and all motors, engines, and electrical equipment slated for use and manufactured in the State·' ' (b) require and enforce that all such products manufactured and imported for usage in the State are labelled according to the amount of noise they produce as rated in decibels (dB); (c) non-labell'ing of products and equipment with their associated noise level in decibels (dB) as required under this sub-section shall lead to inipoundment of such product and - ,. l'ollu1ion emission inspcclion. Noise control nnd standards 1 [CAP.11 214 Abia State Environmental Protection Agency Law .I (2) (i) (ii) . there shall be a daily storage fee. of one hundred naira on each impounded item; and I the operator or manufacturer of the product or equipment that is so impounded shall be liable to a fine of two thousand five hundred naira; (d) administer research on noise and noise control; (e) control and enforce control of noise emanating from all industries and commercial operations, as well as domestic, religious, cultural, political and recreational activities; (t) control and enforce' control of noise resulting from commuters in all forms of automobile or other mobile vehicles. (a) . (b) (c) (d) A commercial or industrial operator that produces noise above the Agency's ambient noise limit for its operation without adoption of approved mitigations lo attenuate such noise shall be liable to a fine not exceeding fifty thousand naira and subsequently, to ,m additional fine of ten thousand naira for each month it takes it to implement the Agency's directives following notification by the Agency; failure of residents of a residential qeighbourhood to contain their noise to a pe11k af·(if'.:..'.. 70dB Jwith rnre pc<1ks of 80dB shall constitute ,m offence punishahle by fine of on� thousand naira for eacl1 offence committed; religious organizations, cultural, politic.ii, recreational and co1111nercial groups are by the provisions of this Law frstricted to confine all noise crn:111.iting from their constitutional activities to the boundaries or their legally allollccl or rented premises; .,, . ; • I a person acting on his own accord or .is an agent of any of the aforementioned groups under this sub section who contrnvcncs the provisions oli this suh• section shall, upon conviction be liable to a f'ine of • [CAP.11 21S Ahia State Environmental Protection Agency Law one thousand naira or an imprisonment term of one · year or both; (e) any commuter bus operator who permits sales of products in his .�1:1s .while such bus is in operation or being ·driven,' shall··� liable to a fine of five thousand naira or imprisonme�t tenn of one year or ooth, and five hunclred-naira fine for �very subsequent offence. (3) . Any contravention of the provisions of this �tion or the engagement of any sound or noise boosting methods or gadget. including shouting to produce sound or noise in • excess of 7�dij,�i�f;t\��P,.e.�9j;,�() db;, �h.all constitute an t offence 11riderHhe ;;pr�v�ions/1.'bf.' this Law or any other . ·l regul�ti,ons 7 .made �.��4ha� ��c f shall attract a fine not i ex�eeiiing fiftf.thou'sapcfnaira:, •::The Agency. shall have ; powers. to impound' anfgadget"or equipment that has aided i the above contraventiorf. PART 4 - ENFORCEMENT POWERS:· 27. For the purposes of enforcing the provisions. of this Law, any Powento authorized officer/special agent may without wan-ant.:. inspec1,erc. 28. (1) . .- (a) require to be produced, examine and inspect and tak� copies of and impound or confiscate any licence �r· operator's document required under this Law· or any regulations made thereunder; (b) require to be pr�du�ed, e�amine. a.iid .inspect any appliance,. equJpm�N, �e�ice o�· other it�ro . use.d in relation -·�o t!1e ,j)rovisie>n�, ·of thi�. Law or . nny regulations rrinde thereunder. . . any Authorized Officer/Special .. Agent, where he ::hns rea�onable grounds for believing th�t an. offence has ·been ·commined or is being committed under· .this· l.aw or any other regulation made. �her�under, m.ay without ,varrant -:--. ' ·-. . : i (a) enter .incl S(;':(\l'Cli nny lancl; huild,n!'. w•lii,•lr\ ,,.,, • • Po'Wefl lo enter, sei1JO and nlff:St. ct . : ' Effl.-cl of non­ �um(llinncc with sections 27 und 28. Aulhori:r.ed officers 10 diM:lose ic.kruhy. [CAP. t'.t 216 Ahia Swte F.111-ir,m111e11tal Protectio11 ,� �,•11c·y La11· I hdicvc that an offence against this l La\\' or any regulations made thereunder, is beingi or has been committed; , (b) conduct tests and collect specimens of any substances relating to the offence which are found on the land, building, vehicle, tent, vessel, floating craft or any inland water or other structure whatsoever, searched pursu?�\ t?, paragi;aph (a) of this sub section; (c) cause to be arres�ed any person who he has reason to believe has committed such offence; and (d) seize or impound any item, substance, equipment or device which he has reason to believe has been used in the commission of such or in respect of which' the offence has been committed. (2) · A written receipt shall be issued for· all impounded and confiscated items under sub section (1) of this section and the grounds for the impoundment or confiscation shall be stated on the receipt. (3) All expenses incurred by ASEPA during a visit or inspection shall be defrayed by t.he agencies visited. J 29. Nofl-c�mpliance with �r re�istaDC� to the provisipns !of sections 2J and 28 of this Law by any p�rso,11·s��l l.attr�ct a, �n�.;o'f �wo thousand nairu­ or an imprisonment term' of two· years· or \foth, ·and one thoti'sand naira for every subsequent offence, inclu�i�g 9�fraying the cost of i�spection as in subsection (3) above·. Where the offence is committed by a body corporate, partnership, organization, company or institution, it shall be liable to a fine of six hundred thousand naira, and one hu.ndred thousand naira for every subsequent offence. ' ' ' 30. Where an Authorized Officer/Special Agent is not in uniform while . . � ' ' acting under the provisions of this Law, he shall on demand, declare his office and produce to any per;on against whom he is taking action, such identification or written authority as may reasonably be sufficient to show that he is an Authorized Officer/Special Agent for the purposes of this Law. 31. [CAP. 11 217 Abia State Enviro11mental Protection Agency Law (1) (2) (3) f'\o suit against the Agency, a member of the Agency or an employee of the agency for any act done in pursuance or execution of the provisions of this Law or any other regulation made thereunder or in respect of any alleged neglect or default io the execution of such provisions or duties shall lie or be instituted in any court unless it is commenced within twelve months following the said action, neglect or default. · , , ,, No suit shall be commenced against the Agency, a member of the agency or an employee of the Agency prior to the �xpiratio,n of one month after written notice of intention to comme;ce the suit shall have been duly served on the Agency by the intending plaintiff or his appointed agent. ·Jhe notice in sub section (2) of this ·sectiop shall clearly and explicitly state i . . (a) the cause of action; (b) (c) the particulars of the claim; the name and place of abode of plaintiff; and ,(d) the relief he is claiming. the intending 32. The notice in sub-section (2) of section 31 and any summons or other notice or document required to be served upon ·the Agency under the provisions of this Law or any other. law may-be served by delivering same to the General' Manager at the Agency's head office. 33. In any suit against the Agency, no execution or attachment or process in the nature thereof shall be issued against the Agency, but any sums of money or fines that are· awarded against the Agency by court judgment shall, subject to the Agency's directives, be paid from the · Agency's general reserve fund. 34. Any person who - (a) willfully obstructs any Authorized Officer/Special Agent in the execution of any of the powers conferred on him by this Law or any regulations made thereunder; Suits ogninst 1he Agency. CIC. Service or <locumcnts. Rcs1riction on CX<-'CUtion ag;iinst 1he propcny or 1hc Agency. Obstruction or au1horize<l ufficcl"$. ·• ABSN No. 7 of 1995. Power to make n:gul11tions. [CAP. :ii . 218 Abia State EnvironmentciiProtection Ag�ncy Law . .:· ·-. .:: :::•. ' .. (b) (c) • • • , •• • �•,' � # , • f• ',. • .. · l f�ilt .,to\'cQnjply :with ·any lawful. enquiry or i#.v�;#g�tl���::t�,t J�',·, being cqndufted by any Aq\fi.Qri���.f 9ffiqer/$�!al Agent ;�n a�cordance with the-l>.rovi�i,ops .. �f �\s Law or any regulations �ade thereunder; , . . . : . . · ' , . ; : . , • , '. •, , : I , ..... � • • , impersonates an Authorized Officer/Special Agent; or. (d) impersonates or aids �e impers�nation of an Authorized Officer/Special Agent of the Agency. commits an offence and shall on conviction be liable to a fi�e not exceeding five thousand naira or to imprisonment for a tenn of five years or both. I 35. (l) Any person who contravenes any provisio� of this Law or any regulation made thereunder commits an offence and shall on conviction, where no specific penalty is prescribed therefor, be liable to a -fine not exceeding twenty thousand naira or to imprisonment Jor a term not exceeding two years or both; (2) Any offence against this Law or any ,regulation made hereunder committed by an establishm�nt, organization, corpora�--' bodyj-:-;"'il)stitution or by· a �member of an ,. orga�iz���ntjni§h!te Qbay, institution, �ompany, or other .tinn,::� �];b���iii�!��/ ev�fy.Hdirect!)J ; or I officer· of" that �s�bJ�ljmf���r�a�iz��.g�/i�lf c�rpol"Jlte, instillltion-- or ·: ::,':,���-;�.R m� i "!l · � fiF, )rgapJ�tiP9 or--copipapy concerned w1th • · · the maflfge· f�sudi:firmior business shall on conviction, where: �dspecific penalty is prescribed be liable to a fine not exceeding one ·hundred thousand naira for such offence and in addition, the establishment, organization, bt;,dy corporate, institution, comP,aily -�r firm or business shall be directed to pay compensation for any damage resultii:ag from any breach of the provisions of this Law. . ' 36. The Governor on the advice of the Agency ma� make regulations · -generally for the purposes of this Law. • [CAP. 11 219 Abia State Environmental Protection Agency I.Aw 37. Nothing contained in this Law shall take away a'ny remedy available to any person against any offender under this Law where such remedy exists under the provisions of any other existing law.' 38. A prosecution for an offence under the provisions of this Law sh all not operate as a bar to any civil proceedings that may be instituted for damages or injury caused in contravention of any provisions of this Law. 1. 2. FIRST SCHEDULE SUPPLEMENTARY PROVISIONS RELATING TO THE AGENCY PROCEEDINGS ) • � t I t J Every m�eting of the Council ·1hall be ;pfesided over by the Chairman, or in ,his absence ttie 'fll embers present at the meeting shall elec;t one ol'"their members to preside at !he meeting. t:-,, .,, ' (1) At any meeting of the Coupcil�•every matter shall be.decided by a majority of votes of the members present and voting. (2) Where the votes are equally divided, \he person presiding ut such meeting shall have a second and casting vote. (3) The council may make standing orders to· provide for the proper conduct of its proceedings or any commiUee thereof. ( 4) 'seven members present at a meeting shall form a .quorum. Where upon any special occasion the ·council desires to �obtain the advice of any person on any particular matters, the Agency may co-opt that person to be a member for as many meetings as may be necessary, and that person while so co­ ' opted shall have all the rights and privileges �f a member except that he shall not be entitled to vote. COMMITTEES 3. ( l) Subject to its standing orders, the Council may appoint such number of standing ad hoc Committees as it thinks fit to consider and report on any matter which the Agency is • concerned. (2) Every committee appointed under the foregoing provisions of this paragraph shall be presided over by a member of the '•' . 0111'.'f remedies ovuih1hlc. ProseC\llion nol lOopcralC osbanocivil IIClion. No. 7 or 1995. ''••:,'' .,-.. 4. s. . [CAP . .it 220 . Abia State Environmental i: '<!tection Agency Law � Council · and · shall be m�de up of such l)umbir of other.- ·· persqns, not neces�arily 'm�mbers of the Agen�y, as the . Council may detennine ,in' each case. � (3) The quorum of a�y· �omiiiirtee set up by the Couticil shall � as may be detennined,\jy'members present: ., , , , 't, • ;, � .. . • :·i\1 :,,,f�' ,, \•, -Where •standing orders -made pursuant to paragraph 3 of ·.this . . schedule p��vide,t��/i';�.?§f�#tee 1 of'tfil'·agency to consist of co­ opted persons who are'not members of the Agency, the Comm1ttee may :advis¢ ttie· Couil'cili 'on1 iatiY,\i'liatten·eferred to: it: by -the Agency and the members th�i'etif-may::a:ttend any meeting of the ·council for that purpo�.· .r th:J\')'.\'i,:;J rn x \\)'i( , · The•fixing of the seah>f th'e--.A:gency·shall be authenticated by the .,.·:. �ignatu�-.of,.the- Chainnan · and of the General Manager/Chief S,�ecuitve of the Agency. 6. ... A ny c;:ontrac� or instrum.ept which,. if made.by a p�rson not being a ···corpo�te body, would not be required to be under·seal may be made or executed on behalf of the Agency by the general Manag�r/Chief . . .. EX�\l�V e or bY,-JllY Qth� �rs�n, generally. or s�ial l y authorized .. :. tq.ac}-for �at purpose by:the �g�pcy. . . . •·· . 7. , . ; . . Any documen� . purporting to be a · contract, i!lstrum'ent or othe". . · . document duty signed .ot>seatefon ,behalf:,ot,1he Ag�ncy shall be···­ received jp evidenqeJan4i�h'aU�\untess the· contrary i� proved, be 8. 9. , • t ,. 1 t -.. ,.•-( ,.! •• , ·,• - . , \ . .p�umed without further proof-to have been so signed or sealed. · The validity of arty proceedings of the Council or of a committee thereof shalt not be adversely affected - (a) by any vacancy in "the membership of the Council or any committee thereof; or.:. : ·; ·.• . . .. . , � . . ,.; (b) by �my def�t in the appointment of a member of the Council · : or any committoo t��of. . · --·;·.'. . . ..... , .· ·. ,,, .. : . . .. . . . . ��y.member �f th�.--c��ricit or a-committee Vfho has a personal interest ·in any contract, enquiry or investig�tion that are being executed by the agency or its �gent shalt forthwith be mandated to disclose such interest to ihe Agency and ·he shalt not vote or act on ( • 5. 6. 7. 8. 9. n 0 The· fixing of the seal of the Agency shall be authenticated by the signature of the Chairman and of the General Manager/Chief E'l-ecutive of the Agency. Any contract or instrument which, if made by a person not being a ··corporate body, would not be required to be under •s'eal may be made or executed on behalf of the Agency by the general Manag�r/Chief Ex�utive or by any �t!ler p�r�on generally or specially authorized to act for that purpqse by�tp:.�;,t.g�ncy. ,, I> • /'<o .r • Any document pufl)orting 'to be a contract, i!)strument or othei: document duly signe&, Qr ,seaied on ·behaJLoft1ne1 Agency shall be'·-­ received in evidence and sh�ll, unless the contrary is proved, be presumed without further proof to have been so signed or sealed. The validity of any proceedings of the Council or of a committee thereof shall not be adversely affected - (a) by any vacancy in the membership of the Council or any committee thereof; or· · · (b) by any defect in the appointment of a member of the Council · or any committee thereof. Any member of the ·council or a committee who tias a personal interest in any contract, enquiry or investigation that are being executed by the agency or its agent shall forthwith b}� mandated to disclose such interest to the Agency and he shall notjvote or act on , . ( [CAP. 11 221 Abia State Environmental Protection Agency Law any question relating to the contract, enquiry or investigation as the case may be. ,t1 4 • .... 10. No staff of the agency shall be personally liable for any act done or omission made in good faith while engaged on the ,business of the Agency. 11. Any member of the Council, staff .of the·Agency or any of its agent shall be indemnified out of assets of the agency against any liability incurred by him in defending any liCtgation, civil or criminal, where such litigation was instituted in his capacity as the aforesaid member, staff or agent of the agency. COLUMN 1 S/No. (a) (b) (c) (d) (a) (b) (c) (d) (e) (f) (g) (h) SECOND SCHEDULE (SECTION 18 (8),. iCOLUMN2 u I DESCRIPTION OF TENEMENT INDUSTRIES, BUSINESSrrRADERS PREMISES ETC Batcher ! Room • Flat More than 3 bedroom flat (e.g.) Duplex 'I COLUMN 3 CQl-,UMN 4 RATE FINE PAYABLE A PER MONTH N 10.00 Where the rate is 10.00 within N 10.00 and 40.00 N l 00.00 the offender 100.00 shall pay 200% of the rate LARGE INDUSTRIES, BUSINESS INSTITUTIONS. GOVERNMENT , . 1 ESTABLISHMENTS . ,I • I \ .. ' ., ' B Large Industries ' \)' ' N30,000.00 State Government Ministries and . . I ,;• '1,500.00 Where the rate is Parastatals above N 100.00 but General Hospital 1,000.00 less than N 1.000.00 Universities, Polytechnics and college 2,000.00 the offender shall pay of Education minimum 50% of the rate as Finance Houses and Community Banks 500.00 fine 4 Banks (e:1ch branch) 5,000.00 Hotels al'>ove 50 Chalets 5,000.00 Filling stations 1,000.00 j j 2 (a) (b) (c) (d) (e) (f) (g) (h) (i) U> (k) [CAP.11 Abia State Environmental Protection Agency Law 222 ' MEDIUM INDUSTRIES ,, GOVERNMENT ESTABLISHMENTS i C Medium Industries NlS,000.00 Hoteis above 20 Chalets but less than Nl,500.00 Where the rate is so above N 1,000.00 but Slaughter houses Nl0.00 per a Cattle less than NS.000.00 slaughtered the offender shall pay Federal Parastatals and Ministries 250.00 20% of the rate as minimum fine Hospital and Clinics 500.00 D Maternity home 250.00 Where the rate is Post Primary schools 200.00 above N5.000.00 the Hotels less than 10 Chalets 500.00 fine shall be 10% of Restaurant 300.00 the rate Eating houses 50.00 Other Business in batcher 50.00 �