National Environmental (construction sector) Regulations, 2011. S.I. no. 19/2011

Extraordinary Federal Republic of Nigeria Official Gazette No.46 Lagos - 17th May, 2011 Vol. 98 Govem111e111 Notice No. 133 The following is published as Supplement to this Gazette: S. f. No. Shorr Ti1/e Page 19 National Environmental (Construction Sector) Regulations, 2011 .. B 591-614 Printed and Published by The Federal Government Printer, Lagos, Nigeria FGP64/7201 l/400(0L43) AnnuaJ Subscrip1ion from 1st January. 2011 is Local: HJS.000.00 Overseas: N·Zt.500.00 {Surface M:1i1J N24,500.00 I Second Class Air Mail!. Present issue Nl ,500.00 per copy. Subsctibers who -,.·ish lo obtain Cauut after 1st January should apply to the Federal Govemmenl Primer, Lngos fot amended Subscriptions. NATIONAL ENVIRONMENTAL (CONSTRUCTION SECTOR) IU:GULATIONS, 2011 ARRANGEMENT OF REGULATIONS REGULATION : PART I-GENERAL PROVlSJONS I. Citation. 2. T hrust. 3. Planning. 4. l3es1 Practices. 5. Emergency Response Plan. PART IT- SPECIFIC PROVISIONS 6. Site Waste Management Plans. 7. Stom1 Water Discharge Pennie. 8. LightingActivities. 9. Control of Dust and Fugitive Emission. 10. Noise Control. 11. Monitoring. 12. AvoidingNuisancc. 13. Hazardous Substances. 14. Prohibition of Asbestos. 15. Spent oil. 16. Prevention and Control of Explosion Hazards . 17. Exposure to Radiation. I 8. Polluter Pays Principle. 19. Community Relation. 20. Close-out. PART JU-PERMIT 2 1. Permit. PART IV-ENFORCEMENT 22. Enforcement Notices. 23. Equity. 24. Enforcement Notice Reminder . . 25. Mode of Delivery. 26. Suspension Notice. B 591 B 592 I PART V - 0FFP.NCES 27. Offences. PART Vl- l'ENALTIF.S 28. Penalties. PART Vll- l = RPRETATIO'IS 29. lnterpremtions. SCHEDULES SCHEDULE I SCHEDULE I1 SCHEDULE ill SCHEDULE IV SCHEDULEV SCIIEDULE VI SCHEDULE VII SCHEDULE vn I SCHEDULE fX Schedule X Best Practices. Guide Templacc for Emergency Procedures in Construction Industry. Guideline for Preparing Environmental Management Plan (EMP). Organizational System and the Functions of Pollution Control Maoager(s). Incident Report Form. Recommended Personnel Protective Equipment According to Hazard Type. Noise Llmiis for Various Working Environments. Minimum Limits for Workplace Illumination Intensity. Blasting Guidelines. Close--0ut Guidelines. S. I. No. 19 of 2011 NATlONAL ENVffiONMENTAL (CONSTRUCTION SECTOR, REGULATIONS, 2011 Ju cxcrtise of the 1>owers conferred on me by section 34 of the National £nviroomeotal Standards aod Regulations Enforcement Ai:eney (Establishment) Act, 2007 and &II other powers e11abling me In that behttlf, I, M5t JOHN OoF.v, Honourable Minister, Fedel'al Ministry of Enl'irooment hereby make the following Re,::ulatio,is. B 593 [28th Day of April, 2011] Cornmcnoe• meot. PART 1-GENP.RAL PROVISIONS 1. These Regulations may be cited as the National Environmental (Construction Sector) Regulations, 201 I. 2.- (J) The purpose of these Regulations is to prevent and minimize pollution from Construction. Decommissioning and Demolition Activities to the Nigerian Environment. (2) Every facility shall comply with Duty of Care with respec1 10 generation, 1ransponation and disposal of wastes. 3.-{J) New projects in the construction sector shall apply Cost-Effective. up-to-date, efficient, Best Available Technology (BAT) to minimize pollution to the barest degree practicable. (2) Any operator applying new design techniques shall evaluate the proposed installations and ensure that control measures are sufficient to prevent risks of pollution or accident. (3} Every operator or facility shall : (a} carry out an Environmental Impact Assessment (ETA) for new projects or modification including expansion of existing ones before commencement of activity; (b) submit an Environmental Audit Report (EAR} of its project/ operational base on a three (3) yearly basis or as may be required by the Agency; and (c) submit an Environmental Management Plan (EMP) as contained in Schedule III. ( 4) Without prejudice to sub-regulation (3)(b} of this regulation, where a project is to be decommissioned, transferred or alienated for any reason whatsoever, an Environmental Audit shall be conducted and submitted to the Agency by the owner/operator for verification and approval. Citation. Thrust of lhesc Regulation.s. Planning. B 594 Best Prnctices. Emergency Response Plan. (5) There shall be routine Environmental Monitoring throughout the various phases of the project. 4.-(1) Every facility shall implement programmes on best practices as set out in Schedule l of these Regulations. (2) Every facility shall provide base for ancillary equipment and bund wall for containment of waste oil in the event of any unanticipated discharge or spillage. (3) Every operator of construction facility/site shal l ensure : (a.) it has a functional, adequate and appropriate drainage system for the project ; (b) the separation or diversion of clean water runoff to prevent it from mixing with water containing high solid particle content; (c) it minimizes the volume-of waterto he treated prior to release (same as storm water control system) ; (d) the use of color coding for the drainage system such as blue for surface water drains and red for foul water drains ; (e) safe movement of materials and fuel 10 and from site ; (f) tanks are clearly labelled with their contems and storage capacity; (g) workers are trained to carry out the outlined procedures in the Emergency Response Plan as specified in Schedule ll to these Regulations ; (h) absorbent materials and other containment equipment (e.g. spill kits) suitable for the consauction type, are available in adequate quantity on site; and (i) all tanks are properly covered. ( 4) The operator shall ensure : (a) high standard of housekeeping ; (b) that dust/particulate matter arising from loaded trucks entering or leaving the site is kept to a minimum level by the use of tarpaulin materials as cover and that water sprays or other dust suppression or c-ollection methods are used at every dusty place where work is carried out ; (c) appropriate use of Personnel Protective Equipment (PPE) by all persons at construction site as in Schedule VI to these Regulations ; 5. Every facility shall have an Emergency Response Plan in accordance with the guide template specified in Schedule II to these Regulations . PART Il-SPEC!FIC PROVISIONS 6.--( 1) The operator/facility shall submit a Site Waste Management Piao (SWMP) to the Agency for all new construction projects that will require mandatory Environmental Impact Assessment (EIA) or such project5 that may generate significant waste. (2) A SWMP shall contain : (a) types of waste to be generated on site ; (b) identity of the waste manager/contractor and the registration number; (c) waste destination ; and (d) environmental permit held for the site where the waste is to be managed. (3) A SWMP shall be updated throughout the course of the project as the need arises. (4) At the end of the project, a report on the Waste Management Status shall be submitted to the Agency before close-oul. (5) The collection, treatment, transportation and final disposal of wastes within extant Standards and guidelines, shall be the responsibility of the operator generating the wastes. (6) A record shall be kept of waste generated on daily basis during the project's life span. 7.--{J) The Operators of construction sites shall be required to obtain Construction Storm Water Discharge Permit from the Agency. (2) 'lb obtain a Construction Storm Water Discharge Permit, the operator shall be required to (a) submit a Notice of Intent (NOI) or Permit Application. (b) develop and [mplement a Storm Water Pollution Prevention Plan (SWPPP) that describes the : (i) physical characteristics of the site ; (ii) potential sources of pollutants ; (iii") erosion prevention measures ; and • (iv) sediment control and storm water management practicei-. (c) Submit a Notice of Completion (NOC) at the end of construction activities or when another party assumes control of the site ; and B 595 Site Waste Managemenl Plans. Storm Water Discharge Pcrmjt, B 596 Lighwg Activities. Con1ml of DusL and Fugitive E(nissioo. (d) Provide any other requirements as may be determined by the appropriate statutory authority from time to lime. 8. Where the level of illumination created in the course of consuuction activity does not conform with the minimum limits as prescribed in Schedule vm, to these 1{e1,'Ulations and is such that can cause or have the potential to cause disturbance to tbe surrounding community, the Agency shall serve the operator with an abatement notice which may require the operator 10 (a) minimize the nuisance; and/or (b) restrict or prohibit the nuisance; 9.-( I) Where the level of dust and other fugitive emission generated in a construction activity is high, the Agency shall : (a) restrict such activity ; (b) take steps to reduce the impact of such activity ; or (c) issue a Stop Work Order for such activity. (2) Every operator shall ensure : (a) minimisation of dust from material handling sources, such a~ conveyors and bins, by using covers or control equipment (water suppression, bag house and cyclone, ctc) ; (b) minimisation of dust from open area sources, including stock piles, by using control mea5ures such as installing enclosures and covers, and increasing the moisture content ; (c) implementation of dust suppression techniques. such as application of water or non-tox ic chemicals to minimize dust from vehicu lar movements; (d) selective removal of potential hazardous air pollutants, such as asbestos, from existing infra5tructure prior 10 demolition ; (e) appropriate management of emissions from mobile sources ; and (J) prohibition ofopcn burning of solid as prescribed in extant Regulations. Noise 10. Noise generated within the work sire shall be within permissible Control. limits as prescribed under the National Environmental (Noise Standards and Control) Regulations, 2009), S.l. No. 35, and as specified in Schedule VII to these Regulations. Monitoring. 11.- (l) Noise level shall be monitored monthly throughout the construction process or as otherwise authorised by the Agency. (2) Notwithstanding sub-regulation (I) of this regulation, monitoring shal l be carried out whenever there is a change in operation process or equipment that increases noise exposure to the extent that : (a) Additional employees may be subjected to risk at the action level ; or (b) The attenuation provided by hearing protectors being used by employees may be rendered inadequate to meet the requirements of extant regulations. 12.-{l) Every operator shall ensure that construction activitici·­ (a) are not detrimental to environment and human health ; (b) do not prevent, or interfere with third party rightful use ofland; and (c) do not interfere with the use of public sp:ic.e and land ; and (d) shall put in place organizational system for pollution control aod shall assign environmental pollution control and prevention duties to an Pollution Control Manager (PCM) with duties described in Schedule IV to these Regulation . (2) Every operator shall ensure that the site is regularly checked for any wa5te, evidence of vermin, noise. smell/odour and other emissions near the boundary of the site during different operating conditions and submit a repon to the Agency. ', (3) Every operator shall ensure that working or receiving deliveries are prog,ammed to minimize nuisance in residential areas. 13.-( l) Every or,crator shall ensure that trained personnel carry 0111 appropriate assessment of the contents and quantity of hazardous substances including those in petroleum-based products in bui lding systems and process equipment and remove such prior 10 decommissioning activities. (2) Any operator or ow,1er that excavates soils containing hazardous substances shall be responsible for its appropriate disposal and shall ensure comprehensive environmental response as applicable. (3) Any operator or owner that excavates and spread~ soils containing pollutants buried by previous owner shall be responsible for the appropriate clean up and disposal. ( 4) An operatoror owner shall be responsible for the proper management, transport and disposal of the contaminated soil. (5) The operator shall check and classi fy contents of waste contai ners before re-use, recycling, recovery or disposal of waste. B 597 Avoiding Nuisance. Hazardous Substaoces. • B 598 Usoof Ai,:bestos. Spent oil. Prevention and Control of E)(.plosion Haznrds. Exposure lo Radialion. Polloter• Pay~­ Principle. (6} The operator or owner shall take necessary measures !'or the disposal of all containers of all ha1,ardous substances as prescribed in extant National Regulations. (7} The operator shall handle and treat •he • .,wing a~ hazardous: Fluorescent tubes, lamp ballasts, old irreparable tr..nsformers, cables and 01J1e.r electrical/electronic devices within the buildings comaining polych lminatcd biphenyls (PCBs), heavy metals, lead paint waste, asbestos, etc. (8) The use of lead based paints for pain.ting of building structures and/or other infrastructure is hereby prohibited. 14.-( I) The use of asbestos al construction sites is prohibited. (2) The operator/facility shall remove all asbestos-containing materials from a structure being demolished or renovated before any activity is carried out that would break up, dislodge or similarly disturb the materials or prevent access to materials for subsequent removal. (3) Prior to the commencement of any demoli1ion or renovation, the affected structure or part of the structure where the work is to take place must be thoroughly inspected and assessed for 1he presence of a~bestos by person(s) certified by the Agency and other relevant bodies. (4) The types and quantities of asbestos•comaining materials shall be dete rmined by the inspector who shall make recommendations for the need to remove and dispose appropriately, asbestos-containing materials. (5) Prior to all demolition activities, including those where no asbestos material is present, a notification by the de:rnolishing contractor must be sent to the Agency. 15. Spent oil shall be disposed off in a11 environmentally friendly manner as approved by the Agency. • 16. Any operator whose activities involve blasting shall do so in accordance with Schedule IX to these Regulations. 17. Every operator shall ensure compl iance with the radiation exposure limits as set by extant Regulations by all workers 1hat may be exposed to radiation in the course of their duties. 18. Jn the event of an incident resuking in an adverse impact on the environn1en1 whether socio•economically or health wise, the facility shal I make such report using the format speci fied in Schedule V IO these Regulations and shall be responsible for : (a) the cost of damage assessment, control and clean-up ; (b) rcmediation; and (c) reclamation and or restoration. 19. Every Construction facility shall have a sustainable community relations program. 20. An opemtor or a project shnll comply with close-out proccdur~s as outiined in Schedule X to these Regulations. PART Ill-PERMIT 21. Procedures for application for pemuts or licences or revocation of such perm.;ts when. it haf already. been issued, are contained in the National Environmental (Permittng and Licensing System) R<:,:ulations, 2009, S.l. 29. PART lV-ENr-ORCEMF~T 22.-( I) An enforcement notice shall be served if the Agency is of the opinion that an operator has c-0ntravened, is contravening or is likely to contravene any condition of the permit. (2) An enforcement notice shall (a) specify the matters constituting the contravention or the matters making it likely that the contravention will arise. as the case may be; (b) specify steps that must be taken to remedy the contravention or to remedy the matters making it likely that lbe contravention will arise. as the case may be ; and (c) specify the period within which those steps must be taken. (3) Sub-regulation 2 of this regulation shall apply whether or not the partk.ular manner of operating the,facility in q uestion, is regulated by or contravenes a condition of the permit. 23. Every facility shall be given equal treatment without preference as far as inspection and enforcement of relevant laws are concerned. 24.-( I) Failure to comply with the notice issued pursuant to regulation 22 of these Regulations within the specified period, a second notice shall be served. (2) Failure to comply with the second notice (rcmioder) within the specified time limit will lead to the issuance of a suspension notice or any other punitive action as may be necessary. B S99 Ct)ininu,,ity Rd;tlions. C lo~-001. Permit. Enfc)rccmcnt Notices. Equi1y. Enforcement Notice Reminder. B 600 Mode of Deli,·tf). Suspension Kotlce. Offences. 25. Enforcement notice shall be delivered by hand, regislcred post/courier, electronic transmission, or posted at the facility/registered premises of the organization. 26.- (1) Where a suspension notice has be. .,crved under these Regulations, the permit shall, on the service of ;;i,d1 notice; cease to have effect as stated in the notice. (2) The Agency may wi ihdraw .. ; uspension notice after verification of compliance. (3) Notwithstanding the provisions of these Regulmions, the Agency shall, where ihe violation of the terms of a11 enforcement notice persists, enter and seal such facility to compel compliance. PART V- OFFENCES 27.- (1) It is an offence for an operator or owner of a project to­ (a) fail to comply with or contravene a condition of a permit ; (b) fail to comply with the requirements of an enforcement notice, or a closure notice under these Regulations ; (c) fail without reasonable excuse, to comply with any requirement imposed by a notice served by the Agency. (2) It shall be an offence for an owner or operator of a project to make a statement which is known to be false or misleading particularly, where tb.e statement is made (a) i 11 purported compliance with a requirement to furnish M} information imposed by or under any provision of these Regulations : (b) for the purpose of obtaining a permit for thP, facil11y for variation, transfer or surrender of a permit ; (c) to intentionally make a false cnt.ry in any record pertaining to the permit; or (d) with intent to decci ve, forge or use a document issued or authorized or be issued under a condition of the permit. (3) It shall be an offence to make a statement or have in possession a document that is likely m mislead or deceive the Agency. ( 4) 11 shall be an offence if an operator foils 10 : (a) take reasonable measures to remove or otherwise treat and dispose of any effluent to minimize adverse effects ; (h) take measures required by the Agency after unauthorized release of effluent ; (c) rcmcdiate the environment to the standard prescribed by the Agency; (furnish all information to the inspector); (d) remove equipment containing materials causing release into the envirvnment from a place when requested by the inspector; (c) produce document(s) when requested by the inspector ; (I) comply with guidelines with respect to the handling, storing and 11 ., .. :;>ort of any effluent ; and (g) ensure the use of Personnel Protective Equipment(PPE) while handling, storing, treating, or disposing of effluent. (5) Ti shall be an offence if an operator : (a) handles effluent in a manner which causes adverse effect to human health and the environment; (b) knowingly obstructs the inspectors from performing their duties; (c) dismisses, suspends or sanctions employee (s) who report contravention of the NESREA Act ; (d) imposes penalty on any employee who reports cases of contravention of these Regulations. (e) rransports any effluent and sludge which are not covered by a manifesr; (j) transports effluenl and sludge which are not completely enclosed, covered and secured ; (g) transports effluent without prior authorization from the Agency ; (h) transports sludge in bulk without p1ior autho1ization from the Agency. (6) It shall be an offence if an operator of a project fails to (a) file annual report on effluent and sludge discharges ; (b) maintain books or record of effluent and sludge discharges : (c) Submit records or receipt of removal of effluent and sludge wi1h in the time frame prescribed by these Regulations. (7) No operator shall (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 these Regulations ; (c) fail to take reasonable measures to prevent. reduce or remedy the adverse effect of effluent and sludge on the environment. B 601 B 602 lnteiprct:itions.. PAR'!" Vl-PENAL:rlES 28.-(1) Any person who violates the provisions of regulation 27 of these Regulations commits an offence and shall on conviction, be liable to a fine not exceeding N200,000 or to imprisonment for a term nol exceeding six months and an additional fine of -1'15,000.00 for every day the offence subsists. (2) Where an offence under Regulation 27 of this regulation is committed by a body corporate, it shall on conviction, he liable to a fine not exceeding NS,000,000 and an addilhmal iine of N50,000 for every day the offence subsists. PAR'I" Vll-lNTF.RPRETATIONS 29. In these Regulations unless the context mherwise requires­ "Agency" means the National Environmental Standard~ and Regulations Enforcement Agency (NESREA). "Asbestos" means naturally occurr,ng si licate mineral with long thin fibrous crystals. "Asbesros co111ai11i11g marerials" means materials containing asbestos including insulation, roofing tiles. roofing sheets. , , pes, etc. "As.,essmem" means any method used to measure, calculate, predict or estimate the level of a relevant pollutant. "BAT' means Best Available Technology-ls a term applied with regulations on limiting pollutanl discharges with regard lo the abatement strategy. It is also the best economically achievable technology that reduces negative impacts on the environment. "Blasting·• means the process of breaking rock or ores into smaller fragments by the detonation of explosive compounds buried under the rocks or ores . "Bund wall" means a secondary containment area constructed to prevent escape of pollutants from contaminating the soil chan1cteristics. "Close-out" means decommissioning activities in the end of a construction project. "DG/CEO" means the Director General/Chief Executive Officer of the National Environmental Standards and Regulations Enforcement Agency. "Duty of Care" means the legal duty of everyhc,dy who has control of waste to ensure that it is managed safely and transferred only to somebody authorized to take it or duty to dispose of waste carefully. "E11viro11111e111" includes water, air or land and means the sum of all external conditions affecting the life, development and survival of an organism. "Facility" means physical set-up or equjpmeOl for construction activities "Fugitive emission" means air pollutants that may not be readily ohvious. "hazardous substar1<·e" means element. compound, mixLUre, solution which because of its quantity/concentration, physkal or chemical infectious characteristics. may (a) cause or significantly contribute to an increase in mortdity, or incapacitating reversible illness or; (b) pt>Se substantial hazards to human health or the environment when improp.:rly tremed, stored, transported, disposed of or otherwise man:iged ; and (c) exhibit the following characteristics - ignitability, corrosivity, reactivity and toxicity. "l-laztmi<ms waste" means any waste or combination of waste that exhibits igniuiblc, corrosive, l'Caccivc. toxic characteristics and poses a . substantial danger, now or in che future to human, animals or pl3nts life which therefore cannot be handled or disposed of without special prccmuion. ''Inspector" means an official of the Agency designated to ensure compliance with lhc guidelines. standards and regulations. "br-situ" means in place or on the spol. "'Level" means the concentration of a relevant pollutant. "11u111ifl'st" means a documcn1 comaining <lc1:1ilcd in formation or lhe w,1s1c gcn('ra1cd from sourct LO rinal dl::,;posal for rnonirorinf! ptlr'IX>\C.,. "Mi11ister" means the Honournble Minister of Environment. "Muisance" means unfavourable or environmentally deleterious impact conclitioo. "Opermor' means person or body corporate who is owning, developing, executing. using or managing a construction project or any combination of these. ··overburden" means soil removed in order lo accc.ss an ore or mineral body e.g. surface soil, vegetation. ''Permissible" means allowable or acceptable by law or rules. "Regulmor" means the Agency or its authori1.cd officers. "'Spi>m oif' means oil that has been used and of no further use or value. ''Stom, water" means surface run-off that results from rain. "Tra11spor1arion" means conveyance 01· haulage of construction materials or construction waste. "Treatme111" means an act of subjecting the efnucnt to physical, chcmica.1 or biological action, other than dilution. in order to reduce or climi na1c deleterious substances. " Water body" means ocean, marine, estuarine, wetlands. rivers, dams, lakes, ponds, mine pits. B 603 B 604 SCHEDULE I Regulations 4 ( I) BEST PRA(,'TJCES (a) ALI run off or storm water generated at construction site shall be characterised before final discharge. (b) Every construction site shall install (i) anti-pollution equipment for the detoxification of liquid and solid wastes ; (ii) efficient effluent treatment plant based on the Best Practicable Technology (BPT) ; and (iii) containment equipment for spills in ca.~e of accidental discharge. (c) Every operntor shall adopt in-situ waste reduction and pollution prevention technology. (d) An unusual or accidental discharge of waste f,-om a construction site shall be reported to the nearest office of the ,<\gency within 24 h,)01-s of the discharge. (See report format in Schedule V). (e) There shall be appropriate bund wall ·. :ound tank farms for containment in case of accidental di5cbarges. (j) Every construction site shall be screened from iL~ environment. SCHEDULE H Regula1io11 4 (3) (g) ; 5 Guu)ETuMPLATEfOR EMERGENCY PROCEOURES IN CoNSTRUCr!Ol'I INDUS'fRY STEP 1-ESTAllLISH A PLANNING TEAM There must be ao individual or group in charge of developing the emergency management plan. I. Form the Team. 2. Establish Authority. 3. issue a Mission Statement. 4. Establish a Schedule and Budget. STEP 2-ANALYZE CAPABI LITIES ,\ND HAZARDS This step entails gathering information about current capabilities and about possible haz.ards and emergencies, and then conducting a vulnerability analysis to determine the operator's capabilities for handling emergencies. 1. Where Do You Stand Right Now? 2. Meet with Outside Groups. 3. Identify Codes and Regulations. 4. Identify Critical Products, Services and Operations. I 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 Resour~es. $TEP 3- DF.VEI.OP TIIF. PL,\N I. Emergency planning must become pare of the corporate culture. 2. Look foropportunities to build awareness; educate and trnin personnel : 10 test procedures; to involve all levels of management, all deparcments and the community in the planning process: and to makeemergeney management part of what personnel do on a day-ro-day basis. 3. Plan Components. 4. The Development Process. $"!UP 4-IMPLllMEN·r TIIE PLAN I. 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 employee.~ and evaluating the plan. 2. Integrate the Plan into Company Operations. 3. Conduct Training. Drills and Exercises. SCHEDULE Ill Reg11/a1io11 3 (3) (c) GUIDELl"6S FOR PREPARlN() ENVIRONMF.NTAL MANAGF.MENT PLAN (EMP) An Enviromnemal Management Plan (EMP) describes the process 1ha1 an organization will follow to maximize its compliance and minimize hrum 10 the environment. This pl,m also helps an organization map its progress towards achieving continual improvements, regardless of the organization's situation and all environmental plans shall include the following elements • Policy ; • Planning ; • Implementation and Operation ; • Checking and Corrective Action; • Management Review and Commitment. B 605 B 606 POi.iCY Policy statements are important to an organisation because they help anchor the organisation on a core set of beliefs. Thes,e environmental guiding principles will enable all members of an organisation 10 focus on lhe same objective. They provide an opportunity for outside interests to understand the operation of the organisation. The policy should be focused, concise and easy 10 read. The environmental policy should address the following: • Compliance with legal requirements and voluntary commitments; • Minimising waste and preventing pollution ; • Continual improvement in environmental performance, including areas not subject 10 regulations ; • Sharing information on enviroomental performance with the community. Pt.ANNING The planning should define the organisation's environme111al footp1i n1s and set goals. Goals and objectives should be focused on maximising their positive impacts on lhe environment. When evaluating, the following elements should be considered : • Impacts on the eovironment through its activities. products and services ; • Legal requirements associated wi tl1 protecting the environment : • Meaningful and focused environmental objectives and targets. IMPLEMllNTATION ANO 0PERAT10:< Implementation and operation should define the activities that the organisation will perform to meet its environmental objectives and targets. The EMP should identify activity each person is responsible for, ensure completion and set targets for each of the identified activitie~. In actclition this area should specify employee tra1nin!(, C<lmmunicatmn and ourre<11 u , 1uc that are necessary to eosun: succcsslul in p,em.:m,ti,)n of 11,.., pl..n. CttECKll<G A~D CORR£CTIVE ACTION The EMP should describe the process that will be 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 10 make sure that the plan successfu lly leads towards the completion of environmental objectives and targets. MANAC1~M£N·r R£v1F.w ANO Co'IMITMllNT TO l'1PROVF.,1tNT Routine man3gemcnt review and support are 3 necessary and meaningful tools for the organization. Theseshould idenrify !he routine management evaluations that will be conducted to ensure that the plan is appropriately implernen1ed 10 meet its environmental objectives. SCHEDULE IV Reg11lario11 I 2(d) ORGANISATIONAL SYSTEM AND TllE FuNCl10NS OF POLl..lmON CONTROL MANAGER(S) F-~ch Construction facility shall be mandated hy the Agency 10 have an organi1~1tional system that will carryout Internal Environmental Auditing of the facility as well as liaise with NESREAand other Government Authorities. The Organizational system shall have Environmental/Pollution Comrol Manager, Environmental/Pollution Control Supervisor and Environmental/ Pollution Control Officers with relevant scientific background as minimum qualification. Tbesc shall be certified by the Agency. ORGANIZATION FOR POLLUTION PREV0,.'110N Pollution Pre,,cntion/ Control Manal?er ..... ~-·--·························· A I Environmental/ Pollution Control Supervisor ..................................... B I I I EnviroamentaV EnvironmentaV Pollution Control Pollution Control Officer (Planning) Officer (Operations) ......... c B 607 B 608 FuNcnONS'. A- Manages the pollution prevention and control issues of the facil ity. B- Supervises and directs the Environmental/Pollution Control Officers (only applicable in facilities whc,·c large amou nt of smoke and sewage is generated). C- Deals with technical matters like inspection of the facility and raw materials. Nore- C depends on the size of the facility: for a large facility there shall be l>cM for Air, Land and Water. SPECll'IC OUTTF.~ OF nm POl.1.UTION PR!lVENn ON AND CmrrROt. MANA0ER (PCM) The specific duties of the PCMs arc • To ensure that the responsibilities are very clearforaU the staff involved in pollution prevention and control ; • To ensure that daily pollution prevention and control practices are complied with ; and • To maintain smooth and proper e nvironmental and safety communications within the facility and the regulatory authorities as well as the host community. C ONCRETE Poucms CONCERNINO POLLtJTION CONTROL 1. Management of pollution at facilities and site • improvement and operation of effective Environmental Management System (EMS) modcled after JS0.1400 I. • Communication with NESREA's headquarters. • Ability to know when a system is malfunctioning. • Documentation of the environmental manar,ement 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 • Recognition of the bus iness risk relative to the environmental management system. • Resourse management including maintenance of competent human resources for effective pollution oontrol. • Establishing a corpora1e-wide envi ronmen1al managemcnl system including risk information feed-back system. • Estahlishing a redundant monitoring, assessment and self­ improvement system. • Establishing a contingency plan and its verification. SCHEDULE V Regulation 18 NATIONAL Et..v1RO.~MENTAI. STANDARDS AND RllGUl.ATIONS CNFORCl?.MflNT AGENCY (NESREA) I NCIDF.NT REPORT FORM Thls report is to be completed when xcidcnt:tl discharge.. occupational illness or incidenl occurs. Jf t1n employee is injured or develops gradually ajob-re.lalcd illness as.i te$Ult of his/her cmpk,ymcn1 at the facility. he or she mu,st complete :ind .submit the • t,u:irknr Rtporr'". 1 rthc employee is un:iblc to complete the fonn. the supervisor must c:c:;mpletc on his/bet behalf. Incident reporting ensures 1hcre is a record oo file with Ulc employer. Jn no way does this wai~e thcemploycc:·s right to workers· compcn5"1ion benefits. If an injury occurs. first aid mt1y be rhe 01,propriate treatment All accidental di<eharg..tcmergcncieslaccidcn1s should be ,eponed 10 NESREA within 48 hOUI'~. Name and Address of Facility : .................................. ........................ ...... . ··· ·· ············· ·· ················ ·· ... , ............... .. ................................................... . ·········•················ ...................................... .. .. .. ...... , .. .. .............. , .............. . No. of Employees : ... ........... ...... .. .. ............ ............................................. . ................................. ................................. ,, ... ................................... , ... . Department where the discharge occurred : ............. ........... ..................... . Place of the accidental discharge : .. .. .. .............. ..... .... ... ..... ... ........ . : ........ . 2. DISCIIARG!l : Cause(s) of discharge ; Did the discharge occur as a result of mechanical/technical/unskilled application? Please specify. • B 609 8 610 Was 1hc discharged gaseous, liquid or solid? Please specify. ···· ···· ········ ···· ······ ···· ···· ······· ·· ······ ·· ·· ········ ····· ····· ··· ·· ··•·••·· ······ ·········· ····· ······· ................... ' ................................................................... , ........ .. ' ..........•. What was the nature of discharge, sludge, effluent or in fluent? Please specify. ··· ··························· ···· ······ ···•••••••• •• ••• •• •• ••••••• ••••••• ••••• ••• •••• ••• •••••••••• ••• •• ••••• ••• ······················ .............................. ................................ , ••• •••• .•••••••••••• •••• •• lnlo which medium was it discharged i.e. water body, land, or air? Please specify. ······························ ·· ·· ·· ·· ·······•····•···••••••• •••••• •••• •••• •••••••••••••••• ••••• •••• ••• •••••••• ······································ ·· ·· ········ ·· ··· •••••••• ••••••• ••• •••• •• •• •••••••• ••••• ••• •••••• •••• •••• • If water body, specify type of water; pond, stream, lake, river etc. ··················································• ••••••••• •••••• ••• •• ••••••••••• •••• ••••••••• •••• ••••• •••••• • ·············· ·· ········· ······················ ····································· ·· ·········--···· ·········· • ifland ; o Name and location (Geo-reference) of the land where discharge occurred. ········ ···· ···· ···· ······ ··· ···· ···· ···· ··· ·· ···· ······· ··· ······· ·· ·· ······ •······· •··· ···· ····· ······ ······· ························ ······--······ ········--··········································--··················· . ..... ............... .. .... .... ...... ..... .... ... .. .. .. ... ........ .............. ...... ...... ... .... ... .... ... .. · ··· ······ ····· ···· ·· ···· ··· ····--· ······ ···· ·· ····· ···· ··--··· ··· ··· ·········· ·· ···· ···· ······ ···· ··· ···· ····· o Ways of disposi ng of discharge; i.e. burying, bumingelc please specify • ................................... .. .................................... ......................... .. ........... ···· ···· ············ ··--···· ·········· ······· ·······--·· ······--········· ················ ···· ···· ····· ········· Was there any previous acddcntal discharge of 1his kind? Yes No If yes, when ? .. .. ........ .. ... .. .. .. ....... .. ... ......... ................. ........... .. .............. . How ? .. .. ...... ....... ... .. ................... ......... ............. ....... ......... ......... ..... . . ........... ... ................ ...... .. .... ...... ...... ... ..... .. ....... .... ..... .. ..... .... ......... .... ... .... ··········--···· ····· ···· ···· ············ ··· ········ ·· ·· ········ ·· ··· •····· ·· •····· ·· ····· ··· ·······" ····· -- ·· Who was/were the victim(s) '? ......... ...... ... .... .......... -·•········· ···· .. ................... . ................................... ............................................... ......................... .... SCHEDULE VI Regu/a1io11 4(4)(c) RECOMMENDED PERSONAi, PROTECTIVE EQVIPMENT Aax:>RDING TO HAzARD T YPE Objective Workplace Hawrds Suggested PPE Eye and Face Flying particles. molten Safety glasses with side Protection. metal, liquid chemicals, shields, protective shades. gases or vapors, light etc. radiation. Head Protection Falling objcclS, inadequate Plastic helmelS with lop height clearance and and side impact protection. overhead power cords. Hearing Noise, ultra-sound. Hearing protectors ( ear Protection plugs or ear muffs). Foot Protection Falling or rolling objects, Safety shoes and boolS for pointed objects. Corrosive protection against moving or hot liquids and falling objeclS, liquids and chemicals. I land Protection Hazardous materials, culS Gloves made of rubber or or lacerations, vibrations, synthet ic materials extreme tempemtores. (Neoprene), leather, steel, insulating materials, etc. Respiratory Dust, fogs, fumes, mists, Facemasks with Protection. gases, smokes, vapors. appropriate filters for dust removal and air purificatior ·n icals. mists, vapors ~111d gac;cs). Single " ri,ul:i-gas personal monitors, if available. Oxygen deficiency. Portable or supplied air (fixed lines). On-site rescue equipmcnL Body/Leg Extreme temperatures, Insulating clothing, body Protection. hazardous materials. suits. aprons etc of bioloi,,>ical agenlS, cutting appropriate materials. and laceration. B 611 B 612 SCHEDULE Vll Reg11lario11 I 0 PuRMISS\RLll No•Sll LIMITS I-OR VARIOUS WORKING ENVIRONMF.,rrs localio11/Activity Equivalent level Maximum (LA.., 8ft) LA ,, fast Heavy Industry {no demand for 85 dB(A) 1 !OdB(A) oral communication) Light industry {decreasing 50-65 dB{A) l!0d8(A) demand for oral communication) Open office.~. control rooms. 45-S0dB(A) service counters or similar Individual oflices {no disttubing 45-S0dB(A) noise) Classroom lecture halls 35-40 dB(A) Hospitals 30.35 dB(A) 40dB(A) Residential Areas within Day time: 55 dl3 working environment Night time: 45 dB SCHEDULE vm Regulation 8 MlNIMUM Lmrrs FOR WORKPLACE ll,LUMINATI()N INTENSITY Location/Acrivity Ught . Intensity Emergency light !Olux Outdoor non working areas 201ux Simple Orientation and temporary visits (machine 501ux storage, garage, warehouse) . Workspace with occasional visual tasks only JO()lux (corridors, stairways, lobby, elevator, auditorium, etc.) Medium precision work (simple assembly. rough 200 lux machine works, welding, packing. etc.) Precision work {reading, moderately difficult 5001ux assembly, sorting, checking, medium bench and machine works, etc), offices ·. High precision work (difficult assembly, sewing. 1,000.3.000 lux colour inspection, fine sorting. etc), SCHEDULE IX R,-g11/atio11 16 81 AST1Nc; Gumu.t~ES (I) TI1c di.,pos,tion and detonation of explosives i1 the con,truction industry sh:ill only be carried out by a licensed individual or body corporntc. (2) 1nc cpcr:uor shall en, ure the u,e of appropriate blasting design mid procedure. (3) A Cll~>is•e, 1 bla,:i,11, ;d.cd1!le ~·,.1: !)(' l!<klpted, mi!limizmg blast• tune ch:mg:s. (4) .Sreciric.,.-uning dc,ic,:s frid p:ucutu:e, 1i,al be 1r.1plcmented bet ore each bl nstinSt activ\y lo alcn n!I wur'<"l'3 n.:-,d thml r-<1.-:i~ m t" c s.:.rrouodini: areas. War. Ilg jr.ocedu, .3 Yi:ill ir:,;lude traffic lim,·a1ion :i'ong !CIC.'.JI roadways and railwa) (5) Community JW-.U-Cness anrl enierl!COc) pr"pJredncss ond rc·sp; nse planning shall be undertaken, including control of thi:d p:ir:y occcs.; t,1 h,- ng area~. (6) Specific pe~onnel rraining on explosives handling and safety managcmenr shall be conducted. (7) Blasting sites and post-blast shall be checked by qualified personnel for malfuncrions and unexploded blasting agcnrs. prior to resumption of work. (8) Mag.umes shall be safely ~ured and :idcquate artenrion shall be : :i\'en tn al! e~p!osivc-h:uidling phases to prevent theft/improper use. (9) O;cerat(,t. sh:tll ensure that the disruptions of aquaric Ii fe and marine e,1\ irrnmenr arc minimal in lhc course of their construction activities. B 613 B 614 A1 close-out, Schedule X Cl.osE-01rr GUIDELINES Reg11/atio11 20 (I) All machineries, equipment and make shiC ~.u ldings including their foundations shall be removed and the sites re-vegetated ; (2) All excavations shall be back filled. (3) All scrap ma1crials. chemicals, explosives and hazardous materials shall be disposed of, in a manner that is of an environmentally acceptable standard. (4) Tiie land surface distorted by construction activities shall be reclaimed after completion of project 10 a standard that considers the previous and future potential of the area. (5) Vegetation cover, such as native local planL~. overburden, or spoils feasible for sustaining growth should be removed in separate operations and segregated for later use during site reinst:itement. and materials 10 be used for site reinstatement shall be stockpiled and protected from wincl, water erosion as well as from contamination. (6) Every facility shall provide effective short term measures for slope stabilization, sediment control and subsidence control until long term measures for the operational phase can be implemented. D.:nm at Abuja this 28th day of April. 2011 MRJouNOOcV Honourable Ministt,r, Fedeml Mi11is1ry of £11viro11111e111