Sewage Disposal System Law

,\'t•wctge Di.,posa/ ,\'.)W/t 'III ICAI', 142 4()37 -.,.; .;...; ~~.:.;.;...----.J~~--.!.:.,. .. ~" ··--· CHAPTER 142 SE\V AGE DISPOSAL SYSTRM LAW Arran~cme11r <fseclions lion 1 .· Short title Interpretation 3. Abolition of Pail system in scheduled towns 4. Existing building therein to convert to sewage system 5. New buildings therein to have sewage of buildings 6 . Registration of owners of buildings 7. Inspection of buildings 8. Power to enter land 9. Arrest and Prosecution l 0. Extension of the scheduled towns 1 l . Offences 12. Regulations . . ,, .• . '1 : , • .-· .• •. ~ • ' , · i :: ,1·¼/,:;:.~~\<··. , r' •• ,, . ,-. : .. < ~ ~ :: ::· '. . • : # • • ' ~ • ' •• Sewag,e Disposal System (CAP. 1.42 40:Jf CHAPTER 142 SEWAGE DISPOSAL SYSTEM LAW A Law to establish the sewa e dis . . f State, and to abolish pail latg. posal srstem in certain towns in the r1ne system m those towns ANSL Cap. 124 [27w August 1991] 1. This Law n1ay be cited as the Sewage Disposal System Law. 2. In this Law "appro~ri~te ~o~al Government" means a Local Government within whose ~rea of J~n,~d1ction a town or place to which this Law applies is situated; Auth~nty means the. Enugu State Environmental Sanitation Authority ~stabhs?ed by the ~nv1ronmental Sanitation Authority Law; ( cap. 42); authon zed officer means an officer or staff of the Authority or of an appropriate Local Government authorized by the Authority or that Local Government under the land of the General Manager of the Autho~ity or the Administrator of that Local Government, as the case may be, to carry out any specific function under this Law; ''Commissioner" means the State Commissioner for the time being assigned with responsibility for matters relating to local government; "existing :building or tenement" means any building or tenement in ex:istetice in the towns on or before te date of commencement of this Law; "Governor" means the Governor of the State; :: '~riew building" means any building or structure the construction or erection " • > • • : of which is· commenced after the date of commencement of this Law or •• : ::. • .• :before the'.·commencement of this Law but is-not completed by that date, ... • . ·::· or any existin,g 'building .0r structure not used or intended to be used for • 'i>: .• , < : .-. human habitation but which after. the commencement of this Law becomes }\;':\:·: i . CbnYerted-intoadweHing house, or the.rebuilding, wholly or partially, or f(r~.-·:' :-,: . : •• • ,the ·e,Ktension:;-0f!any existing-huildirtg; .... · - • · . ·. . . ·• · • . . :{J)f). ,, • ~f9wner~.' includes-an qccqpier, a Joint owner, lessee, te-nant, mo~g~gee in .. t\(\::::.\<;' ·:.p:ossessiQn.· or· -~nxo~her: persqJl 0 'it1•ac~ua1· possession ·of a bmldmg· or .,)}? :t:{ .. (:·~-tenemetitandAhtf-.agent or:.attomey•:ofsuch·ocoupier,joint owner, lessee, . ·Jl!.i;~:;:(;'.( ;, ';t$8~frnd11tgagee:1ri:possessi'onor other person-in.actual possession;·· . ,litlllllirIIl;;;:; :~:;\;1;>,, < , - • • ••••. • •. -.... • • •• • . • • Short title. Interpretation. 4040 I Abolition of Pail system in scheduled towns. Existing building therein to convert to sewage system. New bui lding therein to have sewage system. CAP. 142) Sewage Disposal System "pail latrine system" means the system whereby human excrem t d • d • . . en s are epos1te ma r~ceptacle placed or kept ma latnne used or intended to b used as conve111e11ce by the occupants o f a building or tenement; and th: removal of such human excrements bemg the responsibility of pers engaged in night soil services; ons "sewage disposal system" means the system whereby human excrement are disposed of through the use of a water closet or power flush or such other hygienic method of sewage disposal as may be prescribed by ·regulations made under this Law; . "State" means Enugu State of Nigeria; "tenement" includes a dwelling house; "towns" means the towns or places specified in the First Schedule to this Law and includes such towns or places to which the operat~on of this Law may hereafter be extended in pursuance of se~tion 10 of this Law. 3. (I) As from the commencement date of-this Law, the use or retention of the pail latrine system in any existing building or tenement located in the towns is hereby abolished or prohibited. (2) Nobody shall provide or use in a new building located in any of the towns the pail latrine system. 4. As -from the commencement date of this Law ( a) every existing building or tenement located in any of the areas of the towns being the areas mentioned in the Second Schedule to this Law and having adequate and regular supply of tap water shall be provided by the owner thereofwith a 1 . sewage disposal system; and . (b) every existing building or tenement located in any of the .. f towns being areas not mentioned in the Second Sc~edule and 1, having adequate and regular supply of tap wa~r sball .be . ..J provided by the owner thereof with any ;of the ·type~·- .0 -f. .. l sewage disposal systems specifiedirithe T bird:Schedule to . . , //! this Law. . . . . .. •. , • •. . . (-'. <f 5. Every person w~o irite~ds to ~~nstruct or put up o t: ~$ con~~!1~~:J:·:, .. , ::::/} putting up a new bu 1ldmg many of-thc •town.s sh,a'111,'r9V~~e-f,0 ~:~~ut !~i ,: :.,· .. ·.·' ::•); building a sewage dLSposal system as tna) ' beapprov~d·.bY ,-tlte•, P:p1:'°P c:)r ' .. :., ... ; ··) ,:;; ··: Local Government Council. • • • • • • .:-, .:. ,I.if ' . . .· .... ,.• ,,, .. ,. c.b•U:~ih:.~-E,i;;:.i)~ / •\~ -~- .·• . . •, ··"" ;, ,· . ' " · ., . ; ,~ ., , .~.t · .. -, . Sel-vage Disposal System [CAP. 142 404f . . 6. (l ) An owner of an existing building or tenen 1 e t . . f h I I • . 11 in any o t e towns w 10 pursuant to t .11s Law wishes to construct a e d. • 1 • . . • '- s wage 1sposal system for • such but drng or tenement shall for the purpose of' bt · · h · • · 1 f . . 0 ammg t e requisite approva o . the appropriate Local Government Council first re , is · Locctl Government Council. g terwllh the (~) ~or eac h ~egistration as is mentioned subsection (I) an owner of an existing butldmg or tenement shall st1pply to the · · L I • • . • appropnate oca Govcn,ment Council the following particulars, that is to say . ' . (a) (b) (c) (d) the number of persons occupying the building or tenement for which a sewage disposal system is to be constructed; the type of sewage disposal system intended to be constructed for that building or tenement; the availability or otherwise of pipeborne water in the area where the building or tenement is located; and such other information as the Local Government Council may consider material or necessary. 7, (l) Following a registration made in pursuance of section 6 of this Law, • an authorized officer of the appropriate Local Government shall conduct an inspection of the existing building or tenement so registered in order to satisfy himself on • (a) the veracity of the particulars supplied under section 6(2) of this Law, and • • (h) the suitability or otherwise of the soil condition thereat . . ~· .. . ' . . • (2SWhcre after an inspection under subsection ( 1 ), an authorized officer is, ..frhm the facts at his disposal , satisfied, he will give to the owner of the • .exis-tirigbui1ding or fenement ·an approval in writing under his hand for the , . cc:mstnt-t-~iol'l of the sewage disposal system to proceed as intended by the • o\\iner ,\fri4~r -~eotion·6(2} :ofthisLaw: • i .• , Registration · of owners of' buildings. Inspection of buildings. 4042 CAP. 142) Sewa~e Disposal System Pom.:r to ~nter land. Arrest and prosecution. Extension of the scheduled towns. OfTences 8. ( l) For the p~rpose of ensuring compliance with the provisions of this Law. a~ authonz~d o~ficer may enter upon any land and inspect the convemences provided many building or tenement thereon. (2) On den1and by any owner of a building or tenement, an authorized ot~ic~.r shall present to the owner such permit authorizing him to inspect any buildmg or tenement as may be issued in that behalf by the General Manager of the Authority or the Administrator of the appropriate Local Government as the case may be. (3) For purpose of subsection ( 1) of this section, a joint inspection may be carried out by authorized officers being staff of both the Authority and an appropriate Local Government. 9. (1) An authorized officer may arrest any person whom he finds committing or has committed an offence under this Law. (2) Any person arrested pursuant to subsection (I) shall as soon as practicable be taken to the nearest police station for custody. (3) Subject to the provisions of any other Law, an authorized officer may institute criminal proceedings against any person found to be committing or to have committed an offence under this section. 10. The Commissioner may, subject to such conditions or modifications • as he may specify or make, by notice in the State Official Gazette extend the operation of this Law to towns or places other than those mentioned.in the . First Schedule to this Law. 11. (1) Any person who fails or neglects to comply with the provisions of sections 3,4,5,6(1) or 7(3) of this Law shall be guilty ofan offenc~.and.shall on conviction be I iable to a fine of four hundred naira or to imprigonrnet1t t~r five months or to both such fine and imprisonm~nt.· , ·-+ .· .. •.· 'f (2) Any person who obstructs an authorized-officer jn the lav,ful ~xecuiipa .: : ;ii.~}{ of his duty under this Law or incites any persQn s.:>'as · to Qbstruct:} ~~ • . ' .: ,;'l authorized officer in the execution of his duty sha ltbe guilty ·()(an 9ffell'f~ :.:: -i:'· : ,)\ UL and shall on conviction be liable to a fine of two lmndred at'ld -(ifty.1.1aJ~:8r ;> < ( -· ~<{ to imprisonment for two months or to both ·such.iine and)mpiisonini ht. ·:::\\:<i:t/· ·, ,•:i · : . -- .; --- . ,. - : · /; ,; ;·>:-:: :,:>:ff ....... xi)/. ].ciFcJ~22~(1:ii.~ ... Sewage Disposal System [CAP. 142 4043 12 . . (1) The Commissioner may make regulations to give effect to the provisions of this Law. (2) Without prejudice to the generality of subsection ( l ), regulations made by the Com1nissioner under this section may provide for the types and • . specifications of such sewage disposal systems as may be required to be constructed by an owner under this Law. FIRST SCHEDULE The town or place referred to in this Law is Enugu. SECOND SCHEDULE [Section 4(a)} .Th area.s of Enugu town to which section 4(a) relates are '- (1) e . • A (1) Trans-Ekulu ( ) Government Reservation rea . a U) E~~ (b) Asat a (k) Idaw River , ·, .. • (~) • Ogu~ • (1) Maryland •• •. (d) Ogut New Layout (m) Ogbete . . . ·. , ... , (e)' •• Independence Layout (n) Abakpa ; . i·:; ,- ,, :, :\ i (f) •· • J\chara Layout (o) Ugwu Aaron • • • • : ~(g) .•• New ~r~ (p) Ugwu Alfred (h) .:~di S1d1ng , . . , ·., .· . ,. ; .-- .•. ' .