Pollution (Prevention and Control) (Miscellaneous Provisions) Law [CAP. 120]

2. Interpretation J. PrcvenLion of TndusLrial Polllllion

4. Requirement for Environmental Impact Statement

5. Storage of Solid Wastes

6. Protection of Ri ver source

7. ' Road ConstrucLors lo refill Burrow pits

8. Regulations 9 J\pplicability with relevant Laws 10 Water C loset system for Industries 1 l. Specific Prohibitions l2. Regu lations 13 Offcnses and Penalties. l'oll11tio1 .__ 2224 'Pollution (Prevention 1l11d Control) (Miscellaneous l'rovisions) Law [CAP. 1201 CHAPTER 120 POLLUTION (PREVENTION AND CONTROL) (MISCELLANEOUS PROVISIONS) LAW Edit No211 A Law To Provide for the Prevention and Control of Pollution in of 1985. l1110 S1n1c Ehonyi State. Co111mc11cc111cnl 1 23 " August, 1985 PART 1 - PRELIMINARY C'11a1io11. I. This Law may be cited as Pollution (Prevention and ConLrol) 4. (Miscellaneous Provisions) Law. l111c1prc1ation 2. In this Law: "Commissioner" means the Commissioner c harged with the responsib ility for industries; 5. "industrial waste" means any waste matter d ischarged from an industry; "major industrial proposal" means any proposal for the establishment of an industry or a proposal declared to be such by the Ministry; "Governor" means Lhe Governor of the State; " M inislry" means the Ministry of Commerce and lndustry: "State' means Ebonyi State of Nigeria. PART II - INDUSTRIAL POLLUTION 6. l'rcvcntion 3. ( I) No industries which e mit obnoxious gases which arc '" ol' hazardous to people's health or which generate a lot of inunstri:il pol lution. noise shall be sited in or near a residential area. (2) (a) Every industry that discharges toxins in form of liquids. or discharges any industrial effluent , liquid :8 .11. ' ( waste or industrial waste shall make adequate arrangement. for the disposal of the industrial waste, including where necessary, the prov is ion of treatment plants which shall treat any wch liqu id before it is finally discharged into the ground. 9-S Po/111tio11 (l'r e11e11tio11 Ami Control) (Miscella11eo11s Provisions) Law [CAP. 1201 2225 Af-,.-120) (b) It shall be an offence for any industry to discharge any industrial waste other than by the method provided in paragraph (a) of this subsection; or to discharge any waste liquids into streams, rivers, lakes, or onto the streets, road or highway. (3) Nothing in this Law shal l authorize any manufacturing in company or a local government or any other person to construct or use any public or other sewer or any gutter or drain, for the purpose of conveying foul water into any natural or artificial .stream, watercourse, cana l, pond or lake, until the water had been so treated as not to affect prejudicially the purity and quality of the water in the stream, watercourse, canal , pond or lake. :ontrol)

4. I t shall be mandatory for every major industrial proposal to be Requirement for environmental accompanied by an environmental impact statement which shall impac1sta1cmcn1 explain the probable effect of such establ ishmcnt on the itl· the neighbourhood.

5. ( 1) Subject to the State Env ironmental Protection Agency Law, Storage or solid rom an every industry shall store its solid wastes in such a manner as was1cs. ,not lo give rise to offensive odour or infestation by rodents, or_ lhc !lies and other insects. ;uch by (2) T he dumping or liltering o f broken bottles, scraps of iron and other metal and other industrial wastes howso~ver on the highways or in the rivers and streams or in the bush other than on the Lrenching ground provided by the Environmental Protection Agency is hereby prohibited.

6. T he excavation or quarrying of sand or gravel upon or near the source Pro1cc1io11 or of any river or stream in the State is hereby prohibited. rivc1 source. icl_ arc . lot ol ,7. ., J\ny road construction company or contractor who in the process of Road • II building or repairing a road dug a burrow pit, shall immediately after constnictors 10 ·o r....., of the road construction or repair, refill the burrow pit. refill bun'Ow pits. , liquid .let talc .8..,; .. • ( I ) The Commissioner may make regul ations requmng certain Rcg11la1io11s. industries 10 contribute physically and financially in the \"-S IC, 10 11 or control or maintenance of the environmental quality of the State in the following areas: l 1 1uicl 2226 Poll11tio11 (l'reve11tio11 Ami Co11trol) (Miscellaneous l'rovi .\'io11s) Law [CAP. 120) (a) Poll11tio11 Watershed management. (b) Air quality protection. (c) fire prevention and control. (d) Reforestation of denuded areas and (e) Soil erosion prevention and control. J3. (2) The regulation made under this section may provide for a system in which health inspectors make periodic inspe (, ction on industries and the penalty for keep ing bad environme nt or sanitation. PART ID - DOMESTIC POLLUTION /\pplic~ bilily 9. This part and the succeeding sections arc without preju (, wilh relevant dice to the Laws. requirements of the Environm cmal Protection Agency Law and any other Laws thereto. Wa1crclosc1 10. (I) Every industry shall provide water closet system sys1c111 for in the mduslrics. industry for its employees. (2) All waste water from wash-hand basin s, kitchens and baths within the industry shall discharge into separate soak- away pits that lead onto public drains, where possible. Spccili c prohibitions. The follo wing acts arc hereby prohibited, that is to say: (a) dumping of refuse on the public highway or at any place other than a place provided for that purpose; (b) littering of the street with paper and food waste; (c) allowing sewage wate r to now onto the street; ( d) urinating on the street within the town and built-up areas ; ( e) defecating in places other than approved place; and (f) fishing with poisonous chem icals. Rcgula1iuns.

12. ( I) The Commiss ioner for Agric ulture and f ood may make regulations providing guide lines controlli ng the use of chemicals in the fish ing industry and the use of pesticides and other agro-chcmical materials in the farmi ng industry. (2) Without prejudice to the Town and Country Planning Law and Lhc Building Lines Law, the Commissi oner for Work s and Transport may make regulations requiring road const ructing companies to provide certain environmental safeguards of the nature of culverts, gutters and drains. Pollution (Preve11tio11 And Control) (Misceffa11 eous l'rovisions ) Law [CAP. 120.l 2227 PART IV-OFFENCES AND PENALTIES

13. It shall be an offence not to comply with any stipulations or orrcnscs and requirement of this Law. idr for a l'cnahics. (a) J\ny person who conlravcnes any prov ision of Part II or this 1sp....::lion .ronment Law shall be liable to a fine of Two hundred thousand Naira and, in the case of a continuing offence, t o an additional fine of Twenty Thousand Naira for every day the offence continues. :e l rJ the (b) J\ny person who contravenes any provision of Part Ill of at any this Law shall be liab le to a fine or Ten Thou~ancl Naira and, in the case of a continuing offence, to an additional fine of One thousand Naira for every day the offence I j the conlin·ucs. nd haths ,ak 1way ice-Other .y iake use of idr~ and ng'i..aw JrJr.- and ;tn ting Is of the