Sustainable Waste Management Act, No. 31 of 2022

N ATION A L COU N CIL FOR L AW REPORTIN G L I B R A RY SP E C I A L I SSU E Kenya Gazette Supplement No. 121 (Acts No. 31) RE PU B L I C O F K E N Y A K EN YA GA Z E TTE S UPPL EM EN T A CTS, 2022 NAIROBI , 12th July, 2022 C O N T E N T A c t— Pa g e The Sustainable Waste Management Act, 2022 635 liiATlOfi iAL 2 3 AUG 2022 R O. LiOX t . 44ci - C:::i C0. NAIROBI, KEN/A TEL: 2719231 FAX: 2712694 i PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 6 35 THE SUSTAINABL E W A STE M ANA GEM ENT A CT , 2022 N o . 3 1 of 2022 Date of Assent: 6th July, 2022 Date of Commencement: 26th July, 2022 A R R A N G E M E N T O F SE C T I O N S Sect ion PA R T I - PR E L I M I N A R Y 1— Shor t t i t l e. 2—Interpretation. 3—Obj eets of the A ct. A— General Principles. PART I I—POL I CY , CO-ORDINA TI ON AND O V E R SI G H T O F W A ST E M A N A G E M E N T 5—R̂ole of the Cabinet Secretary . 6—Ŵaste Management Council. 7— F̂unct ions of the C ounci l . 8—F̂unctions of the Authority. 9—Functions of county governments. PA R T H I— M EA SUR E S A N D A CT I ON S 10—Policies, regulations and standards by the Cabinet Secretary. 11— Policies, regulations and standards by county governm ents. 12— Ŵaste classif ication and segregation. 13—Êxtended producer responsibility. 14— M̂aterials recovery facil ities. PA R T I V — W A ST E M A N A G E M E N T F U N C T I O N S 15—F̂unctions of the Cabinet Secretary . 16—F̂unctions of accounting officers of public entities. 17—F̂unctions of county governments. 18—Ŵaste Management plans. 19—Duties of private sector entities 63 6 Sustainable Waste Management 2 022N o . 3 1 20—Duty to segregate and dispose waste. 2 1—Duties of waste service providers. PA R T V — P U B L I C PA R T I C I PA T I O N A N D A C C E SS T O I N F O R M A T I O N 22— A ccess to in f orm at ion . 23—Public Participation. PA R T V I — F I N A N C I A L PR O V I SI O N S 24— Fees to be allocated to county waste management f aci l i t i es. 25—Incentives for waste management. PA R T V I I — M O N I T O R I N G A N D C O M P L I A N C E 26—M onitoring and evaluation by the A uthority . 27—Compliance and enforcement. 28—Role of the National Environment Complaints C om m i tt ee. 29—Partnership programmes. PA R T V I I I — G E N E R A L PR O V I SI O N S 30— R esto rati on . 31—Dispute Resolution. 32— General penalty . PA R T I X — P R O V I SI O N S O N D E L E G A T E D P O W E R S 33—R̂egulations. PA R T X — M I SC E L L A N E O U S PR O V I SI O N S 34—Integrating waste management into school curricula. 35—Transitional provisions. F I R ST SC H E D U L E — C O N D U C T O F B U SI N E SS A N D A F F A I R S O F T H E C O U N C I L SE C O N D SC H E D U L E — P R O V I SI O N S O N P U B L I C PA R T I C I P A T I O N 6 37 2 022 Sustainable Waste Management N o . 3 1 THE SUSTAINABLE WASTE MANAGEMENT ACT, 2022 AN ACT of Parliament to establish the legal and institut ional fr amewor k for the sustainable management of waste; ensur e the r ealisation of the constitutional provision on the r ight to a clean and healthy environment and for connected purposes ENACTED by the Parliament of Kenya as follows— PA R T I — PR E L I M I N A R Y 1. This Act may be cited as the Sustainable Waste M anagement Act, 2022. 2. In this Act, unless the context otherwise requires— m eans the N ati onal E nv i r onm ent no. 8of i999. Management Authority established under section 7 (1) o f the Environmental Management and Co-ordination Act, 1999; Short t i t l e. Interpretation. ‘A uthori ty' “Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to waste management; “National Environment Complaints Committee” means the National Environment Complaints Committee established under section 31 (1) of the Environmental M anagement and Co-ordination A ct, 1999; “Council” means the Waste Management Council established under section 6 (2) ; “ domestic waste” means waste, other than hazardous waste, generated from a domestic residence; “ e-w aste” also referred to as w aste electr ical and w a s t e electronic equipment means waste resulting from electrical and electronic equipment including components and sub assembl ies thereof ; “extended producer responsibility environmental management approach in which a producer‘s responsibility for a product is extended to the post consumer stage of a product life cycle; “hazardous waste” has the meaning assigned to it under the Environmental Management and Co-ordination A ct, 1999; m e a n s a n N o . 8 o f 1999 . 6 38 2022Sustainable Waste ManagementN o . 3 1 means waste ari sing from processing or manufacturi ng or any trade undertaking i n t h e form of liquid, non-liquid, solid or gaseous substances; “materi als recovery facility” means a specialised facility that receives, separates and prepares recyclable materi al for marketing to end user manufacturers; “National Environment Tri bunal” means the National Environment Tri bunal established under section 125 (1) of the Environmental Management and Co-ordination Act, 1999; I ndu stri al w aste’ organic waste” means dry recyclable and non-n o n recyclable materi als; “organic waste” means compostable materi als deri ved from plants and animals; “payment for environmental services” and “payment for ecosystem services” mean payments to farmers or l and users to encourage the conservation of natural resources; “pollution” has the meaning assigned to it under section 2 of the Environmental Management and Co ordination A ct , 1999; means a person, f irm or“pri vate sector entity’ corporate entity with functions of a pri vate nature including entities registered under the Public Benefits Organisations A ct, 20 13; N o . 18 o f 20 13 . “producer” means an entity that introduces goods, products and packaging into the country using authori sed means by manufacturi ng, importing, converting, filling, refilling, repackaging or rebranding; “public entity” means— (a) the government including the national and county governments, or any State organ, department, agency, service or undertaking of a national or county government; (b) Parliament or a county assembly; (c) any corporation, council , board, committee or other body which has power to act under or for the purposes of any wri tten law relating to undertakings of public utility or otherwise to 1 639, 2 022 Sustainable Waste Management administer funds belonging to or granted by the government or monies raised by rates, taxes or charges in accordance with such law; or (d) a public body established under any written law; “ recovery” means the controlled extraction of a material or retrieval of energy from waste for the production of another product; N o . 3 1 “recycle” means the process by which materials are reclaimed from waste for further use as product, raw materials or input in the production process; “re-use” means the action or practice of using something again whether for its original purpose or to f u l f i l a dif ferent f unction; “sustainable waste management” means using material resources efficiently as prioritized by waste hierarchy, circular economy and clean production in order to reduce the amount of waste that is generated, deposited or discarded in the environment including the management of materials that would otherwise have been dumped or wasted in a way that contributes to environmental, soci al and economic goals of sustainable development; “ take-back scheme” means a scheme for the collection, transportation and return of products or packaging from end users and consumers; “toxic substance” means any substance which, on entry into an organism through ingestion, inhalation o r dermal contact, is injurious, causes physiological o r biochemical disturbance, or otherwise causes deterioration of the functions of the organism in any way; “ w aste” m eans— (a) any substance, material or Object that is intended or required to be discarded or disposed of by its holder, whether or not it can be reused, recycled recovered and include municipal waste, domestic waste, waste from agriculture, construction waste, commercial waste, waste from hoftieultUfe, aquaculture and forestry, medical waste, chemical waste, hazardous waste, toxic waste, industrial waste, pesticides, e-waste and toxic substances but does not include radioactive waste; o r 64 0 2022Sustainable Waste Management (b) a substance, materi al or obj ect that may be designated as waste by the Cabinet Secretary in consultation with the Authori ty by notice in the Gazette Provided that waste or a portion of waste specif ied i n paragraphs (a) and (b) shall cease to be waste— once an application for reuse, recycling or recovery has been approved by the A uthori ty or, after such approval , it has been reused, recycled or recovered; (i i ) where approval for reuse, recycling or recovery is not required, i t has been reused, recycled or recovered; or (i i i) where the Cabinet Secretary in consul tation with the Authori ty has, by notice in the Gazette and in the prescri bed manner, excluded any waste stream or portion of any w aste stream from the def ini tion of w aste; “waste hierarchy” means the order of pri ori ty for eff icient use of resources and minimisation of pollution by avoidance, reduction, reuse, repair, refurbishment, recycling, recovery and f inally treatment for safe disposal ; “ waste management facili ty” means a site or premises licensed in accordance with this Act for the purposes o f receiving, accumulation, depositing, recovery, recycling, treatment, storage and disposal of waste and includes w a st e processing areas, transfer stations, reusing areas, m at eri al s recovery facil ities, recycling plants, food waste treatment facil ities, composting plants, waste disposal areas, w a s t e to-energy facil ities and sanitary landfi l ls; waste management activity” administrative or operation activity for the (a) importation or exportation of waste as prescri bed by regulations; (b) segregation of waste including any activity or process that is l ikely to resul t in generation of w aste; (c) accumulation and storage of waste; N o . 3 1 0) n m e a n s an y 64 1 2022 Sustainable Waste Management (d) collection and handling of waste; (e) reduction, reusing, recycling and recovery of w aste; (f) trading in waste; (g) transportation of waste (h) transfer of waste; (i ) treatment of w aste; and (j) disposal of waste; “ waste minimisation programme” or “ waste reduction programme” means a programme that is intended to promote reduction in generation and disposal of waste; “ waste service providers” includes col lectors, transporters, waste processors, material recovery operators, recyclers and landfi l l operators; and N o . 3 1 “ w aste v al or i sat i on ' means any activity aimed at converting waste, including materials, chemicals and sources of energy, into useful products by reusing, recycl ing or composting the waste. Obj ects of the3. The obj ects of thi s Act shall be to— (a) promote sustainable waste management; (b) improve the health of al l Kenyans by ensuring a clean and healthy environment; (c) reduce air, land, fresh water and marine pollution; (d) promote and ensure the effective delivery of waste services; (e) create an enabling environment for employment in the green economy in waste management, recycling and recovery; (f ) establish an environmentally sound infrastructure and system for sustainable waste management; (g) promote circular economy practices for green growth; A c t (h) mainstream resource efficiency principles in sustainable consumption and production practices; and 642 Sustainable Waste Management (i) inculcate responsible public behaviour on waste and env i ronm ent . 4. The general principles of this Act are— (a) promoting the right to a clean and healthy envi ronment; (b) the precautionary principle where the lack of scientific certainty shall not be used to postpone measures to prevent environmental degradation where there are threats of damage to the environment ; (c) the polluter pays principle in which the cost of cleaning up any element of the environment that has been damaged by pollution, the cost of the benef icial uses of the env ironment that have been lost as a result of the pollution, and any other costs associated with or incidental to the pollution shall be paid by the polluter; (d) payment for ecosystem services or payment for ecological services in which payments are made to farmers or landowners who have agreed to take certain actions to manage land or watersheds in order to provide ecological services as an incentive to conserve natural resources; (e) zero waste principle in which products and processes are designed and managed to reduce the volume and toxicity of waste and materials, and to conserve and recover all resources, and to prevent the burning or burying of resources, in order to t reat w aste as a resour ce that can be harnessed f or wealth creation, employment and the reduction of pollution; and (f) achieving sustainable waste management goals. PART n - POL I CY , CO-ORDINATI ON AND OV E R SI GH T OF W A ST E M A N A GE M E N T 5. The Cabinet Secretary shall be responsible for— (a) policy on sustainable waste management in consultation with county governments; (b) the development of regulations in consultation with the Authority and county governments; 2 02 2N o . 3 1 G eneral principles. R o le o f th e Cabinet Secretary. 64 3 202 2 Sustainable Waste Management (c) co-ordinating adherence to international obligations with regards to waste management, nationally determined contribution of waste and chemical s conventions; and (d) oversight and co-ordination of the administration of th i s A ct . 6. (1) There shall be a council to be known as the Waste M anagement Council which shal l be established by the Cabinet Secretary within one year of the coming i n t o operation of this A ct. (2) The Council shall comprise of — (a) a chairperson appointed by the President; (b) one person nominated by the Council of County Governors who shall be the vice-chairperson; (c) the Principal Secretary in the M inistry for the t i m e being responsible for matters relating to waste management or a designated representative; (d) the Principal Secretary in the M inistry for the t i m e being responsible for National Treasury or a designated representative; (e) the Director-General of the Authority ; (f) four other persons appointed by the Cabinet Secretary being— (i) one person nominated by the registered association representing the largest number of entities in the private sector ; (ii) one person nominated by the registered association representing the largest number of entities in the manufacturing sector; and (g) two persons with professional qualifications in waste management, one of whom shall represent civi l society organizations. (3) The Council may co-opt not more than three members at any given time with relevant expertise when needed, who shall advise the Council on specif ic matters relating to sustainable waste management. N o . 3 1 W aste M anagement C ounc i l . 644 2022Sustainable Waste Management (4) Except for members appointed under subsection (2) (c), (d) and (e), a person shall be qualified for appointment as chairperson or member of the Council i f such person— (a) is a citizen of Kenya; (b) holds relevant academic and professional qual if ications including a university degree in waste management, environmental engineering; environmental management, environmental studies, biology, chemistry or civil engineering; (c) has at least ten years' experience in the relevant f ield ; and (d) fulfils the requirements of Chapter 6 of the C onst i tu t ion . (5) In making appointments of the members to the Council, the Cabinet Secretary shall observe regional balance, gender, age, disability and ethnic balance. (6) A person shall not be qualified for appointment a s chairperson or member of the Council if such person— (a) is a member of Parliament or a county assembly; (b) is a member of a local authority; (c) is an undischarged bankrupt; or (d) has been removed from office for contravening the provisions of the Constitution or any other written l aw . (7) The off ice of the chairperson or a member of the C ounci l shal l becom e v acan t i f the ho l der — (a) dies; (b) resigns from office in writing addressed to the Cabinet Secretary; (c) is absent f rom three consecutive meetings of the Council without good cause; or (d) is removed from office under subsection (8). (8) A person may be removed as a chairperson or member of the Council if that person— N o . 3 1 645 2 022 Sustainable Waste Management (a) is absent without permission of the Chairperson o r the Cabinet Secretary in the case of the Chairperson, from three consecutive meetings of the Council ; (b) contravenes the provisions Chapter Six of the Constitution; (c) is incapacitated by prolonged physical or mental i llness and is unable to discharge the duties of his or her off ice; (d) is convicted of an offence and imprisoned for a term of more than six months; (e) fails to comply with the provisions of the Act relating to disclosure of interest; or (f) is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors. (9) The Chairperson and the members of the Council appointed under subsection 2(f) shall hold of fice for a t e r m of three years and shall be eligible for re-appointment f or one further term of three years. (10) The conduct of business of the Counci l shall be i n accordance w i th the F i r st Schedul e. (11) The Cabinet Secretary shall establish a waste management secretariat for the waste management council . 7. (1) The Council shall— (a) enhance inclusive inter-governmental coordination for sustainable waste management; (b) review progress in implementation of the national sustainable waste management strategy; (c) recommend to the Cabinet Secretary the national waste management recycling and recovery targets; (d) synchronise the development of waste management infrastructure; (e) mobilise resources for financing of the waste management sector ; (f) promote inter county waste management partnerships in consultation with county gov ernm ents; N o . 3 1 F uncti o ns o f th e C ounci l . 64 6 2022Sustainable Waste ManagementN o . 3 1 (g) recommend to the Cabinet Secretary incentives to promote sustainable waste management; and (h) perform such other functions as may be assigned by the Cabinet Secretary. (2) The Cabinet Secretary shall, within one year of th e coming into operation of this Act, make regulations f or the operationalisation of the Council . 8. (1) The Authority shall— (a) develop standards and guidelines on sustainable w aste management ; (b) generate and disseminate waste information for the public in consultation with county governments; (c) enforce waste management legislation in consultation with county governments; (d) save for where county governments have j urisdiction, issue licenses for waste management act i v i t i es; (e) conduct research, awareness creation and training on sustainable waste management; and (f) establish a national waste information system for recording, collecting, management and analysis of data and information including— (i) data on the quantity and type or classification of waste generated, stored, transported, treated, transformed, reduced, reused, recycled, recovered or disposed of ; (ii) a register of licensed waste management, recycling and other related activities; (i ii) the status of the generation, collection, reduction, reuse, recycling, recovery, transportation, treatment and disposal of w aste; (iv) the impact of waste on health and the environment ; (v) the levels and extent of waste management services provided by counties; (vi) information on compliance with this Act; and F unct ions o f the A uthority . 64 7 2 022 Sustainable Waste Management (vii) any other information that is necessary for the purposes of the effective administration of th i s A ct . (2) The Authority shall provide analytical reports and support on waste management to ministries, agencies an d counties and serve as the national knowledge and information management centre for disseminating information on sustainable waste management. 9. (1) County governments shall be responsible for implementing the devolved function of waste management and establishing the financial and operational conditions f or the effective performance of this function. (2) County governments shall ensure that county waste management legislation is in conformity with t h i s Act within a period of one year of the coming into operation of this A ct. (3) County governments shall ensure that the disposal of waste generated within the county is done within the county’s boundaries except where there is an agreed fr amework for inter-county transportation and disposal of w a s t e . N o . 3 1 F uncti on s o f coun ty gov ern m ents. (4) County governments shall provide central collection centres for materials that can be recycled. (5) County governments shall establish waste management infrastructure to promote source segregation, collection, reuse, and set up for materials recovery. (6) County governments shall maintain data on waste management activities and share the information with the Authority . (7) County governments shall mainstream waste management into county planning and budgeting. (8) County govermnents shall develop, manage and maintain designated disposal sites and landfills. (9) County governments shall maintain a register of al l waste service providers operating within their boundaries. PA R T m - M E A SU RE S A ND A CT I ON S 10. (1) The Cabinet Secretary shall, within two years of the coming into operation of this Act and in consultation Pol icies, regulations and standards by the Cabinet Secretary . 64 8 2022Sustainable Waste Management with the Authority and county govern ments, make pol icies and regulations for the proper administration of thi s A c t . (2) Notwithstanding the general ity of subsection (1), the Cabinet Secretary shall , in consultation with the Authority and county governments, make regulations prescribing— (a) the closure of open dumpsites; (b) procedures for sustainable waste management; (c) the expansion of the market for recycled products and incentives to expand the market for pre consumer and post-consumer recycled products through incentives, government procurement preferences and other policies; and (d) the promotion of health, safety and environmental standards including— (i) labour and heal th standards for waste handlers; (i i) quality and certif ication standards for organic w aste; (i i i) operational standards for dumpsites; (iv) the classif ication of engineered sanitary l andf i l l s; (v) the formation of waste collection, materials recovery and recycling savings and credit co operative organisations; (vi) the facil i tation of waste-to-energy and waste to-manure proj ects; and (vii) the facil i tation of the col lection of dif ferent types of wastes including medical waste, chem i cal w aste and construct i on w aste. 11. (1) County governments shall , in consultation with relevant national government agencies, the public and other stakeholders, develop county legislation within two years county of the coming into operation of this Act. governments. (2) Notwithstanding the generality of subsection (1), county governments may make regulations prescribing— (a) the use of land within the j urisdiction of the county government for waste management; and N o . 3 1 64 9 Sustainable Waste Management (b) investment in sustainable waste management including waste collection, separation, treatment, processing, recovery and sanitary final disposal of w a st e . N o . 3 12022 W aste cl assi f i cati on an d segregation. 12. (1) All public and private sector entities shall segregate non-hazardous waste into organic and non organic fr actions. (2) The segregated waste shall be placed in properly labeled and colour coded receptacles, bins, containers and bags. (3) All waste service providers shall collect, handle and transport segregated waste as provided for under th i s A ct . N o . 8 o f 1999 .(4) Hazardous waste will be handled and managed as prescribed by the Environmental Management and Co ordination Act, 1999 and any other relevant written l aw . (5) A waste service provider who contravenes the provisions of this section commits an offence and shall, o n conviction, be liable to a fine not exceeding fifty thou san d shillings or imprisonment for a term not exceeding si x m onth s or b oth . (6) The Cabinet Secretary shall, in consultation with the Authority and county governments. Gazette the National Color Coding System for waste management. E x tended 11 • j producer responsibility obligations to reduce pollution and responsibiuty. environmental impacts of the products they introduce i n t o the Kenyan market and waste arising therefrom. (2) Every producer shall fulfill their extended producer responsibility obligations individually or collectively in a compliance scheme. (3) The Cabinet Secretary shall, within two years of the coming into operation of this Act make regulations o n extended producer responsibility. 14. (1) Each county government shall establish a material s recovery facil ity. (2) A materials recovery facility shall be used for f i nal sorting, segregation, composting and recycling of waste generated or transported to the county and transport the 13. (1) Every producer shall bear extended producer \ M ateri al s recovery faci li ti es. 6 5 0 Sustainable Waste Management residual waste to a long-term storage or disposal facility l andf i l l . N o . 3 1 2 022 o r (3) A materials recovery facility shall be licensed by the Authority. (4) The Cabinet Secretary shall, in consultation with the Authority and county governments, make regulations for the establishment and proper management of materials recovery faci li ties. PART I V - WASTE MANAGEMENT FUNCTIONS 15. (1) The Cabinet Secretary shall prescribe measures for the reduction of waste, and the environmentally so u n d reuse, recycling and recovery of waste. F unc ti ons o f the Cabinet Secretaiy . (2) Notwithstanding the generahty of subsection (1), the Cabinet Secretary shall— (a) develop regulations on waste management; (b) in consultation with county governments, publish model county waste management laws and regulations; and (c) develop a National Waste Management Strategy. (3) The Cabinet Secretary shall develop a national waste management strategy and action plan within two years of the coming into force of this Act, which shall b e reviewed every five years. 16. (1) The accounting officer of a public entity shall be responsible for the management of waste generated i n the entity in accordance with this Act. (2) Notwithstanding the generality of subsection (1), an accounting of ficer of a public entity shall ensure that— (a) any person who is in charge of or controls a facility or premises which is under the jurisdiction of the accounting officer and which generates waste shall minimise the waste generated by adopting the following cleaner production principles including— (i) improvement of production processes through conservation of raw materials and energy; (ii) eliminating the use of toxic raw materials; Functi ons o f accounting off icers of publi c en t i ti es. 65 1 Sustainable Waste Management (iii) reducing toxic emissions and waste; (iv) monitoring the product cycle by— (A) identifying and eliminating potential negative impacts of the product; (B) enabling the recovery and reuse of the product; (C) reclamation and recycling; and (D) incorporating environmental concerns in the design process and disposal of a product; (b) any person whose activities generate waste shall collect, segregate and dispose of or cause to be disposed of the waste in accordance with this Act; (c) any person whose activities generate waste ensures that the waste is transferred to a person who is licensed to transport and dispose of the waste in accordance w ith thi s A ct ; (d) the entity cleans up and restores the site to its natural state or near its natural state; (e) the entity prepares a waste management plan and integrates the plan in its corporate strategy and plan; and (f) the entity has provided waste receptacles at its premises for organic, plastic and general dry waste and the waste generated is recycled through a licensed service provider. (3) Notwithstanding the provisions of this section, a person in charge of an entity who, in the discharge o f h i s o r her duties, is involved in waste generation or disposal processes shall be responsible for his or her actions and o m i ssi o n s. (4) A person in charge of a public entity that discharges waste contrary to the provisions of this sec t i o n commits an offence and shall , on conviction, be liable t o a fine not exceeding one milUon shillings or a term of imprisonment not exceeding one year or both. (5) An officer of an entity who discharges waste contrary to the provisions of this section commits N o . 3 12022 a n 6 5 2 Sustainable Waste Management offence and shall, on conviction, be liable to a fi ne n o t exceeding two hundred thousand shillings or imprisonment for a term not exceeding six months or both. 17. Each county government shall— (a) enact a county sustainable waste management legislation within two years of the coming into operation of thi s Act; (b) establish waste recovery and recycling facilities and sanitary landfills for the disposal of recoverable waste; (c) incentivise the collection and separation of waste at source in neighbourhoods and informal settlements; (d) ensure that cities plan for waste management facilities as part of city expansion; (e) prepare a county waste management plan and quarterly monitoring reports for cities, urban areas, municipalities and administrative units; and (f) submit annual reports to the Authority and county assembly on the implementation of the county waste management plan; and (g) maintain data on waste management service provision by waste management service providers and share the information at least once in each year through the national waste information system developed under section 8 (1) (f). 18. (1) Each county government shall prepare and submit to the county assembly for approval an integrated county waste management plan once every five years. (2) Each county government shall include the approved integrated county waste management plan in the integrated county development plan. 19. (1) A private sector entity shall prepare a three year waste management plan and submit an annual monitoring report to the Authority which shall specify— (a) the actual quantities of waste generated by the entity ; N o . 3 1 202 2 F unct io ns o f county gov ern m ents. n o n W aste m an agem ent plans. Duties of pri vate sec to r enti t i es. 65 3 2 022 Sustainable Waste Management (b) the waste management methods applied by the entity; and (c) any other information that the Authority may require. (2) Notwithstanding the generality of subsection (1), the Cabinet Secretary shall, within six months of the coming into force of thi s Act, Gazette the category of private sector entities that shall be required to prepare waste management plans which shall be based on the volume of production of waste. (3) A private sector entity that fails to comply with the provisions of subsection (1) commits an offence and shal l , on conviction, be liable to a f ine of not more than t w o hundred thousand shillings and the person responsible f or the private sector entity shall, in addition to the f i ne imposed on the entity, be liable to imprisonment for a t e r m not exceedi ng three months. (4) A private sector entity shall— (a) adopt the following cleaner production principles including— (i) improvement of production processes through conserving raw materials and energy; (ii) l imiting the use of toxic raw materials to safe laws within such time as may be prescribed by the Authority; (iii) reducing toxic emissions and wastes; and (iv) moni toring the product cycle f rom beginning to end by; (b) identify and eliminate potential negative impacts of the product; (c) enable the recovery and reuse of the product where possible; (d) reclaim and recycle; (e) incorporate environmental concerns in the design, process and disposal of the product; (f) collect, segregate and dispose of or cause to be disposed of the waste in accordance with this Act; N o . 3 1 6 54 20 22Sustainable Waste Management (g) shall segregate waste by separating hazardous waste from non-hazardous waste and dispose of the waste in a facility provided by the county government or the Authority; (h) transfer the waste to a person who is licensed t o transport and dispose of the waste in accordance w i th thi s A ct ; (i) clean up and restore the site it was using to its natural state; (j) prepare a waste management plan and integrate it in its corporate strategies and plans; and (k) provide waste segregation receptacles at its premises for organic, plastic and general dry w a s t e . (5) A private entity that generates waste shall segregate the waste by separating hazardous waste and dispose of the hazardous waste in a facility provided by the county government or the Authority. (6) A private entity or any its officers that fails t o manage waste in accordance with this A ct commits and offence and on conviction, shall be l iable to a f ine— (a) of at least five per cent of the entity’s net income registered in the previous tax year or f ive million shilhngs whichever is the higher; and (b) of at least two hundred thousand shillings for th e entity ’s off icers. (7) Where a private entity or any of its officers has been convicted of an offence under subsection (3), an d th e entity continues to fail to comply with the provisions of th i s Act, the entity or the of ficer commits a further offence and for each day the failure continues on conviction, shall be l i ab l e to a f i m (a) not exceeding zero-point-five per cent of the entity’s net income registered in the previous tax year, for the private entity; and (b) not exceeding twenty thousand shillings for the entity’ s off icers. N o . 3 1 65 5 2022 Sustainable Waste Management 20. (1) A person who generates waste in Kenya Duty to segregate and dispose waste. N o . 3 1 shal l (a) segregate the waste at source in accordance with the provisions of this A ct; and (b) dispose the waste to only l icensed waste service providers or at collection points designated in accordance with the provisions of this Act. (2)A person who does not manage waste in accordance with subsection (1) commits an offence and shall, on conviction, be liable to a f ine not exceeding twenty thousand shillings or imprisonment for a term n o t exceeding six months or both. 21. (1) A waste service provider shall handle segregated waste in accordance with the provisions of th i s A c t . D uti es o f w aste service providers. (2) A waste service provider shall deliver segregated waste collected to facil ities licensed and designated i n accordance with the provisions of this Act. (3) A waste service provider who fails to handle or manage waste in accordance with this Act commits an offence and shall , on conviction, be l iable to a f ine n o t exceeding f if ty thousand shil l ing or imprisonment for a term of si x m onths or both . PA R T V - PU B L I C P A R T I C I P A T I O N A N D A C C E SS T O I N F O R M A T I O N 22. (1) The Authority shall keep the records on waste management submitted to it and maintain their confidentiality where the circumstances so require. (2) A person may have access to the records submitted to the Authority under thi s A ct. (3) A person who wishes to access the records submitted to the Authority under this Act may, on application in wri ting to the Authority, be granted a c c e s s t o the r ecord s. (4) The Authority may, with the approval of the Cabinet Secretary and by notice in the Gazette, prescribe reasonable fees to be levied for processing applications f or access to i n f orm at i on under th i s sect i on . A ccess to i n f o rm ati on . 6 56 2022Sustainable Waste Management 23. Public consultation and participation under thi s Act shall be conducted in accordance with the principles s e t out i n the Second Schedul e. P A R T V I - F I N A N C I A L PR O V I SI O N S 24. Each county government shall al locate all waste collection and tipping fees or other charges levied o n w a s t e received at a county government waste management management facil ity for the improvement of waste management act i v i t i es and serv i ces. 25. (1) The Cabinet Secretary shal l , in consultation i n centi v es fo r with the Cabinet Secretary responsible for matters relating management, to f inance, introduce incentives— (a) for locally produced and imported sustainable waste management equipment and materials including collection machines, equipment for recycling, composting, transporting and waste compacting; and (b) to expand private investment in materials recovery and recycling activities. (2) The incentives contemplated under subsection (1) shall apply to— (a) importers of sustainable waste management equipment, air pollution control equipment, recycl ing and composting equipment; (b) private investors to expand investment in waste recycUng and enhance circular economy; and (c) private operators of certain classes of waste management equipment including equipment for recycling and composting. (3) The Cabinet Secretary shall , in consultation with the Cabinet Secretary responsible for matters relating t o f inance, prescribe incentives and make regulations f or the preferential use of recovered or recycled materials o v e r newly manufactured materials with no recycled content. PA R T V n - M O N I T O R I N G A N D C O M P L I A N C E 26. (1) The Authority shal l moni tor and review the performance of private entities and county governments i n carrying out their f unctions under this Act. N o . 3 1 Pub l i c participation. F ees to be al l oc ated to c ounty w aste M onitoring and evaluation by the A uthority . 6 57 2022 Sustainable Waste Management (2) The Authority shall develop regulations prescribing the procedure for reporting on compliance w i t h this A ct by private enti ties. (3) Notwithstanding any other provision in this A ct, the Authori ty may, by notice in the Gazette— (a) require a private entity that has waste management obligations to prepare reports on the status of the entity’s performance of the entity ’s waste management obligations and prescribe the period for reporting; and (b) require a private entity that fails to comply with i t s waste management obligations to prepare a report within a specified time on the actions it has taken, is taking or intends to take to secure the entity’s future performance of the entity ’s obligations. 27. (1) The Authori ty shall— (a) monitor, investigate and report on whether public and private entities are in compliance with the provisions of this Act; and (b) monitor and enforce compliance with the provisions of thi s Act. (2) In the performance of its functions under this A ct, the Authority shall have all the powers necessary for t h e purpose of monitoring and investigation including the power to enter premises of any private entity and make a n enquiry relating to compliance with this A ct. (3) A person commits an offence if that person— (a) hinders the Authority in the performance of its f unctions under this A ct ; (b) fai ls or refuses to give information that the person may lawfully be required to give to the Authority; N o . 3 1 Compl iance and enfo rcem ent . o r (c) gives false or misleading information to the Authority. (4) A person who is convicted of an offence under subsection (3) shall be l iable to a f ine not exceeding o n e million shill ings or imprisonment for a term not exceeding f ive years or to both. 6 5 8 Sustainable Waste Management 28. (1) The National Environment Complaints Committee shall establish a complaints and redress mechanism for the purposes of this Act. (2) A person making a complaint on waste management to the National Environment Complaints Conunittee may submit evidence. N o . 3 1 2 022 R o le of the N ati onal E nv i r onm ent Complaints C om m i ttee. 29. (1) The Authority shall, in consultation with Partnership progr am ir ies.county governments, establish a partnership programme with waste generating industries and sectors for continuous education on waste to encourage compliance. (2) The county executive committee member responsible for environmental management in each county shall develop a framework for inter-county co-operation o n waste management including the sharing of waste treatment facilities, materials recovery facilities and waste disposal facilities for approval by the county assembly. (3) The Cabinet Secretary shall develop regulations for the framework for inter-county co-operation on w a s t e m anagem ent . PART Vra - GENERAL PROVI SI ONS 30. (1) A person who fails to manage waste in accordance with this Act shall be required to clean up and restore the site where the waste was being managed t o i t s natur al state. (2) The Authority shall issue the person with a site restoration order if the person fails to clean up and r e s t o r e the site in accordance with subsection (1). (3) A restoration order issued under this section shall be effected in accordance with the Environmental Management and Co-ordination Act, 1999. 31. Any person or an entity aggrieved by— (a) a refusal to grant a license under this Act; (b) the imposition of any condition, limitation or restriction on a l icense granted under this Act; (c) any fee payable under this Act; or (d) the imposition of a restoration order in accordance with section 30, R esto rati on . N o . 8 o f 1999 . Dispute r eso l uti on . I 6 5 9 Sustainable Waste Management may, within sixty days of the occurrence of the event with which the person or entity is aggrieved, appeal t o t h e N ational Environment T ribunal . 32. A person who contravenes a provision of this Act for which a penalty has not been prescribed shall, o n conviction, be liable to a fine of not less than two m i l l i on shillings and not more than four million shillings o r t o imprisonment for a term not exceeding four years or t o both . 2022 N o . 3 1 PA R T I X - PR OV I SI O N S ON DE L E G A T ED P O W E R S 33. (1) The Cabinet Secretary may, in consultation Regulations, with the Authority, make regulations for the better carrying into effect of the provisions of this Act. (2) Notwithstanding the generality of subsection (1), regulations made under this section may provide for— (a) anything required to be prescribed under this Act; (b) take back schemes; (c) the conversion of dumpsites into landfills; (d) categories of waste segregation; (e) design and identification of waste transportation vehicles; (f) materials recovery facil ities; (g) collection schedules for sorted waste types; (h) importation and exportation of waste; (i) management of e-waste; (j) national colour coding system for waste; and (k) any other matter required under this Act. (3) For the purpose of Article 94 (6) of the C onst i tu t i on— (a) the purpose and objective of the delegation under thi s section is to enable the Cabinet Secretary to make regulations for the orderly conduct of the business and affairs of county governments, the Authority and the National Environment Complaints Commi ttee; 660 Sustainable Waste Management (b) the regulations made under this section shall be of such a nature and scope, and within the limits specif ied in this section; and (c) the principles and standards applicable to the regulations made under this section shall be those set out in the Interpretation and General Provisions c ap. 2. Act and the Statutory Instruments Act, 2013. PART X - M I SCEL L A NEOUS M ATTERS 34. The Cabinet Secretary shall, in consultation with i ntegrating waste the Cabinet Secretary responsible for matters relating to 3 cnrt cuia° education and the Authority, develop a curriculum on sustainable waste management within one year of the coming into operation of this Act. 35. (1) The Cabinet Secretary shall, in consultation T ransi t i onal with county governments, develop a timetable for county governments to adopt the Act and regulations made ther eunder . (2) The Authority shall publish a model county waste management legislation and related subsidiary legislation on such date as the Cabinet Secretary may appoint. (3) Regulations relating to waste management under the Environmental Management and Co-ordination Act, 1999, shall remain in operation until corresponding regulations under this Act have been published in the G azette. N o . 3 1 2022 N o . 23 o f 20 13 . pro v i si ons. N o . 8 o f 1999 . 6 6 1 2022 Sustainable Waste Management N o . 3 1 (s.6(10))F I R ST SC H E D U L E Condu ct of t he Business and A f fai r s of the Counci l 1. M eetings of the Council The Council shall meet quarterly. 2. Special meetings The chairperson may, at any time, convene a special meeting of the Council and shall do so within fifteen days of receiving a w r i t t en n o t i c e for the meeting signed by at least three of the members. 3. Chair per son to pr eside (1) The chairperson shall preside at all meetings of the C ounci l i n which the chairperson is present and in the case of his or her absence, the vice- chairperson shall preside. (2) A t a meeting of the Council at which neither the chairperson nor the vice-chairperson is present, the members of the Council present shall elect one of their members to preside, and the person so el ected shal l h av e all the powers of the chairperson with respect to that meeting and the b u si n ess t r an sac t ed t h er eo f . 4 . Quor u m The quorum for the conduct of the business of the Council sh al l b e t w o t h i r d s o f t h e m em b er s . 5. Voting The decisions of the Council shall be by a maj ority of votes, and the chairperson of the meeting shall have an original and a casting vote. 6. Val idity of pr oceedings The validity of any proceedings of the Council shal l not be af f ec ted by any vacancy among the membership thereof , or by reason of a def ect i n the appointment of a member. 7. M inutes of the meeting Minutes of the proceedings at meetings of the Council shall be kept i n such a m anner as the C ounc i l d i rects and w i l l be m ade av ai l ab l e to the Cabinet Secretary 8 . C om m i t t ees of t h e C ou n ci l The Council may establish such commi ttees as may be necessary for the performance of the functions of the Council and may, subj ect to the 6 6 2 Sustainable Waste Management provisions of this Act, delegate powers conferred on i t to any such c o m m i t t ee . 9. Power of the CouncU to regulate own procedure Subj ect to the provisions of this Schedule, the Council shal l regulate its own procedure. 10. D iscl osur e of in ter est If a member of the Council is directly or indirectly interested in any contract, proposed contract or other matter before the C ounci l and i s present at a meeting of the Council at which the contract, proposed contract or other matter is the subj ect of consideration, he or she shall , at the meeting and as soon as reasonably practicable after the commencement thereof , disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter. 11 . Secon d m en t The Cabinet Secretary may, in consultation with the Council , and upon such terms and conditions as may be prescribed, second such officers, agents and other staff as may be necessary f or the ef f i c ient discharge of the functions of the Council under this Schedul e. 12. Exper ts and Consultants The Council may engage consultants and experts, as i t consi der s appropriate, to assist in the discharge of its functions under th i s Schedul e. 13 . R em u n er at i on The chairperson and members of the Council shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary. 14. Repor ting N o . 3 1 2022 (1) The Council shall submit an annual report to the C ab i net Secretary. (2) Notwithstanding sub-paragraph (1), the Cabinet Secretary may, at any time, require a report from the National Waste M anagement Council on a particular matter. 15. 5>ecretary (1) The Cabinet Secretary shall second a senior officer f r om the Ministry to serve as Secretary to the Council. (2) The Secretary shall— 6 6 3 2022 Sustainable Waste Management (a) be appointed by the Cabinet Secretary; (b) be an ex of f icio member of the Counci l w i th no right to vote; (c) be secretary to the Council ; (d) subj ect to the directions of the Council , be responsible for the day to day management of the affairs of the Council ; and (e) perform such other functions as the Council may, f rom t i m e to time, determine (3) The Secretary shall serve on such terms and condi tions as the Cabinet Secretary may determine. N o . 3 1 66 4 202 2Sustainable Waste ManagementN o . 3 1 SE C O N D SC H E D U L E (s. 23) P r ov i si on s on Pu b l i c C on su l t at i on 1. ( 1) Where thi s Aet imposes a requirement for public consul tat ion in matters relating to sustainable waste management policies, regulations, plans or actions, the respective national or county government enti ty or public entity shall publish a notice— (a) in the Gazette; (b) in at least two newspapers with a nationwide circulation; (c) in at least one newspaper with a circulation in the local ity in which the policies, regulations, plans or actions relate; (d) in at least one radio station broadcasting in the locality in which the policies, regulations, plans or actions relate; an d (e) via the county executive committee member responsible f or environmental matters in the county . (2) The notice specif ied in subparagraph (1) shall— (a) set out a summary of the pol icy, regulation, plan or action; (b) state the place where the detai ls of the policy, regulation, plan or action may be inspected; and (c) invite written comments on, or obj ections to, the pol icy, regulation, plan or action from any interested person and specify to whom and the date by which the comments are to be subm i tted . 2. The respective national and county government entity or private entity shall make arrangements for the public to obtain copies, at a reasonable fee, of documents relating to the policy, regulation, plan or action which are in the possession of the entity. 3. The respective national or county government entity or pri vate entity shall consider the— (a) comments or obj ections received under paragraph (2) ; and (b) comments or obj ectives received at a public meeting h el d i n relation to the policy, regulation, plan or action, or r ec ei v ed f o r m any other source and in any other form. 4. The respective national or county government entity or private entity shall , by notice in the Gazette, inform any interested person of the decision relating to the policy, regulation, plan or act i on and the reasons thereof and the place where the decision may be accessed. 5. Where regulations under the Act so require, the respective national or county government entity or private entity sh al l c o n v en e a public meeting relating to the policy, regulation, plan or action before a decision is rendered on the pol icy, regulation, plan o r ac t i o n .