Environmental Transformation Commission Law no. 3 of 2008

\ ~IMO STATE OF NIGERIA 2008, LAW NO. 3 A Law for the Establishment of Imo State Environmental Transformation Commission (ENTRACO). BE IT ENACTED by the House of Assembly of Imo State of Nigeria as follows: r.)RELIMINARY ·1. This L3w may be cited as Environmental Transformation Commission Law No. 3 of 2008, and shall be deemed to have come into force on the 2. ................ Day of the month of .......................... 2008. In this Law, unless the context otherwise requires: "Abc1tement Officer" means officer empowered under this Law to abate any nuisance as defined under Section 28 of this Law; "Board" means the Governing Board of the Commission; "Chairman" means the Cl1airman of the Commission; • "Commission" means Environmental Transformation Commission; ··cornrnissior1er" means Commissioner for 1-/linist,y of Petroleum ancl Environment; "Court" means Sanitation and Traffic Court established under this L21w; "Disposal System" includes land-filling o: borrow pit reclamation system, composting, incinerating, recycling and any other r,,odern conventional systems; ' -~::nvironment" rneans the surrounding space/area which includes the atrnosphere and all mater1als therein whether· visible o~ not, thcit affect the life of an individui:ll or population; "Governor" means the Governor of Imo State; Long Ti1/e E11acr111e111 Cilcl/iOII h1terpretatio11 --- -·- . -·~ --- -- .,, ... I' ,I :I !I ,I I i t· l I l t I I I I A2 J.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law "Function" includes Power and Duties of the Commission; "General Manager" meaQS the General Manager of Environmental Transformation Commission; "Government" means the Imo State Government; "Nuisance" is defined in section 28 of this law. "Member" includes the Chairman and Members of the Governing Board; "Ministry" means the Ministry for Petroleum and Environment. "OCDA" means Owerri Capital Development Authority .. "Officer" includes the General Manager, Secretary and all staff of the Commission excluding the members of tne Go erriing Board; "Refuse" means garbage, or other discarded solid mate(a resulting from domestic, industrial, commercial, agr cu tura operations or from community activities; "Refuse Disposal" means the collection, storage, treatment, utilization, processing or fine disposal of refuse; "Secretary" means the Secretary of the Commission; "Sanitation Fees" means the fees charged for refuse collection, disposal and other services rendered by the Commission under this law. "State" means Imo State of Nigeria; A3 /.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law c\RT I-· ESTABLISHIVIENT OF THE COMMISSION, GOVERNING BOARD, POWERS AND TEf'.!URE OF OFFICE OF THE BOARD (1) There is hereby established for the State a body to be known as E'lvironmental Transformation Commission (hereinafter referred to as :ne Commission"). Ttie Commission shall: a, be a body corporate with perpetual succession and a common seal; (::l sue a, id be sued in its corporate name; ' (::: have power to own, hold and dispose of property whether moveable or immovable within the State. - -r....,e Commission's Headquarters shall be located in Ov,erri. The Commission shall maintain operational offices in each Local Government Area of the State manned by a five - man committee to be remunerated on a salary not lower than that of a supervisory councilor o' a local government to effectively discharge its functions under this a.•1. -,e•e shall be established for the Commission a Governing Board which s..,a be responsible for the running of the affairs of the Commission '"le'e nafter referred to as "the Board"). -,..,e Board shall consist of - T'le Chairman; ( ) Tre Hon. Commissioner, Ministry of Petroleum and Environment or his representative; The Hon. Commissioner, Ministry of Finance pr his representative; Tne Hon. Attorney-General or his representative; Reoresentative of Ministry of Health; Representative of Ministry of Worl<s and Transport; The Hon. Commissioner, Ministry of Agriculture or his representative. . (. Soecial Adviser, Sanitation and Transport. ~x) Special Adviser, Local Government and Chieftaincy ~~atters. I Establishment of !he Co111111issio11 Location of !he Commission's /-leadq11ar1ers Operaliona/ Offices Es1ablishme111 of Governing Board I' I , 11 ' ., ti ,I ~ :, ! ' ,, ='---------------------- ' I I A4 I.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Com, 1.':;L:. in Law ----------------------------- •• - --- (x) (xi) (xii) Special Adviser, Project Monitoring. I Representative-of Ministry of Lands, Survey and Urban 1 • Planning. I Representative of OCDA Owerri. 1 I (3) (a) The Chairman and members of the Board shall be appointed by the Governor, and 5. (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (xi) (b) shall be persons with proven integrity and relevant cognate experience. The Commission shall have power to: Implement Imo State Clean and Green Initiative; Encourage planting of trees and beautification of Imo State; \ Provide sustainable ~anitation services and environmental protection. I Inspect refuse sites in Urban and Rural areas of the State; I Design, develop and maintain a sustainable waste management system; Initiate policies for modern technology in refuse collection, treatment and disposal in the State. Deploy and supervise sanitary Inspectors for effective implementation of the "Clean and Green" programme; Appoint, monitor and supervise the activities of contractors engaged by ENTRACO for sanitation duties; Co-ordinate the environmental sanitation in all Local Government Areas in the State; Design and implement a master plan for managing solid waste in Imo State· Liaise with the Local Government Councils and ensure that all illega mmor parks in the State are removed; (xii) Prosec te offenders under this law at the Sanitation and Traffic Court; • Po11't'.r., i.:,:, •. • Co111n;:::, ·-11 ... ... AS I.S.tJ. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law :· 1; (xiii) Carry out any other functitms that may be incidental to the Clean and Green Initiative and for the effective discharge of its functions. 6.(1) The Commission shall: (a) Charge sanitation fees as prescribed in schedule II to this law. (b) Charge annual pest/vector control fees and fumigation , charges as prescribed in schedule Ill to this Law. 1 l2) The Commission may recommend variation of the fees prescribL in schedules II, Ill and IV to this Law as the need arises. Such variation shall be with the approval of the Governor and confirmed by the House of Assembly. : 7. The Supplement:::iry provisions set out in schedule I to this law shall have effect with respect to the proceedings of the Board and other matters contained therein. 3 The Chairman and other members of the Board shall hold office - (a) for a term of three (3) years only; and ,b) on such terms and conditions as may be specified in each letter cf appointment. ~.(1, Notwithstanding the provisions of section 7 of this law, a member may at anytime be removed from office by thn Governor on the occurrence of a:1y of the following: (a) he becomes bankrupt; I (b) he is convicted for a felony or any offence involving dishonesty or fraud; I (c) he becomes of unsound mind or is incapabla of carrying put his duties; or 1 (d) he is guilty of a serious misconduct in relation to l1is dL1ties, or (e) if the Governor is satisfied that such a membc:r's continuance in cffice is not in the interest of the Board or the interest of tl,e public. ,2) A member of the Board may resign his appointment by a notice in writing addressed to the Governor and on the receipt of such notice by the Governor such member shall cease to be member of the Board. • I Power to charge fees Schedule Tenure of 0/Jice Re111ovr,I from Office -- -- A6 I.S.N. Law No. 3 of 2008 Imo State • Environmental Transformation Commission Law (3) I Where a member :of the Board ceases to hold office. for ~ny reason whatsoever, before ,the e)tf)iration of the term for which he i9 appointed, another person to r~present the same interest shall be appointed to the Board for the unexpired term. I I 10. Members of the Board shall be part time, be paid such allowances as the Government may dir~ct from time to time. I I I PART 11 - DUMPING \oF REFUSE, LIABILITIES OF OFFENDERS, PROSECUTION OF OFFENDERS AND INSPECTION OF BUILDINGS[ I 11. Dumping or depositi7g of refuse or waste of any description on any road, street, open space, gutter, walkway, drain or drainage syst.em or tenement whether occupied or not is prchibited. I . . . 12. In each Local Govern 1 ment Council Area within the State, an Environment Health officer may between the hours of eight in the morning and five in the evening with as~istants enter and examine any building· in orde.r to ascertain the existence of any nuisance. • 13.(1) I I A Chief Environmental Heal.th Officer or any person authorized by him, if satisfied of the existence of a nuisance, shall serve notice for the abatement of a nuisance on any person by whose act the nuisance arises; or (2) If such person cannot be fot,Jnd, the owner or occupier of the building on which the nuisance arises, requiring him to abate the same within three days after the service of the notice. • 14. The Sanitary Officer may also by the same or any other notice served on such person, .owner or occupier state what is rwcessary or required for preventing the recurrence of the nuisance. 15. Any person who obstructs any sanitary officer or any person authorized by him or any person engaged in carrying out the provisions of this Law or any· act authorized by this Law shall be guilty of an offence and on conviction shall be liable to a fine ·of Five Thousand Naira (W5,000.00) or to imprisonment for one .month. or both. £1110/umenl D11111pi11g o/ Refuse £111,y Exm building. Health O/flc Serve Nolie, Notice of Execution o to prevent recurrences Penallyfo"­ obSlrucling Environmet Heal/Ii .offl -- - .. - ---~-- ..:;...c.c.--=-=-·· - - == --- Law r::1110/l{/11CIIIS D11mpi11gof Ref11se E]l/1y E.xam b11ildi11g Health Offic Serve Notice Notice of Exec11tion oJ to prevent. rec11rre11ces Penalty fol'< obstructing E11viron111en Heal th officl., A7 /.S.N. I Imo State Law No. 3 of 2008 Environmental Transformation Commission Law . . 16.(1) The Government shall provide every.owner or occupier of a ,building or tenement at an approved cost, a waste bin which shall be kept within the building to be used for depositing refuse of any description and only to be brought out of the building for disposal of refuse. (2) It shall be the duty of the contractor engaged by ENT RACO for waste disposal whose name and address are conspicuously displayed on • the vehicle to discharge the contents of the waste bin. I (3) All commercial vehicles operating within Imo State shall carry the water-proof bags for waste disposal procured from the ENTRACO. I (4) All gutters in front of any building shall be open or where necessary be covered with detacl1able metal slabs to enable regular and p~Qper drainage of such gutters. i I I (5)(i) There shall be a provision of 1.8 metres space for walkways, between. the fence and the gutter in front of every building. I • I I I. (ii) It shall be unlawful to construct or put ony $tructure on the footpath or on the required setback from the rood. I (iii) OCDA in conjunctiod with ENTRACO shall demolish such illegal structures without cornpensation. (6) All open plots of land facing roads or streets in the': Capital City or Satellite to\/lms shall be fenced with a gate at the front of each of such fenced open plots of lond. • (7) Every buildlng in the Capital Ci.ly shall be painted once in fot.:r (4) years. (8)(i) Every owner or occupier of a building or land shall plant ornemental trees in front of his building or empty land. . . (ii) Every owner or occupier of a tenement shall clean and ke~p five· metres free from the street, at tl1e front back or eitr1er side of. each tenement. , I . . ~ I (9) No person shall throw or deposit on any street, open space, gutter, clrnin or drainage system or tenement whether occupied or nc;it, any can, litter, loose refuse or waste of uny description except at sucl1. places authorized by this law or approp,iate Authority. Bui/ding and Coq1111ercia/ Vehicles to Provide Waste Bins, etc AB I.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law (10) (11) 17.(1) (2) 18.(1) No person shall cause! or knowingly permit any refuse ·or sewage effluents or liquid waste to be discharged into any drain or drainage system, road gorges, water courses or any part thereof except at such. authorized plc;1ce. 1 I Litter from Vehicle:- . j No person shall throw fpod items, wrapping, empty cans, paper or other waste products or litter of any description out of a moving vehicle onto any public highway, roads, lanes or public places. Every owner or occupier· of a building or land, contractor and commercial monitor vehicle driver operating in the s:a~e sha I comply with the requirements of t,he provisions of Section 16 cf :1-i·s a'✓. Any owner or occupier'bf a building or land, contrac:or e1gaged by ENTRACO for waste disposal or ccmmercial mo:o· e-·c e driver operating in the State (a;; the case may be) who 'a. s ~o como y with the requirements of the provisions of Section 16 o' :."' s a,•, commits an offence and is liable 1 on conviction to a fire o' ◄ :i C'.;:).00 (ten thousand naira) or two (2~ months imprisonment. For purposes of this Law, ENTRACO in collabora::o"' ,•. :'"' :-e '.1 ··,stry shall designate refuse or waste disposal sites in :lie S:a:e (2) ENTRACO in collaboration with the Minis~ry sha1 a:cw ·e a--:: :-·o g"'l the Ministry of Lands, Survey and Urban Plann'rg 0:::2 - :s. 3 ::::::"""e'l'. permi: and construct the refuse disposal sites. (3) The 'and s·:e so acquired shall be well constr-..c:3c :o ~a~e a,. 'or prooer c ~o·rig of refuse. (4) T,.,e c .... rro s·~e shall not be e xposed along Ex:ress q:~: :· areas o' do'YJ ::: e. 19.(1) A", cerson wro desires to be appointed a co e::Y :::: ·:'-:e s-21 reg s:e· .. ~--E TRACO. (2) - ... e = TRACO may issue permit to any oerscri 'e; s:e·e: -:~- ·- s la .• :o c:-e'2:e C'✓a:e1y as collector of ref se C' a"; c:-e· ~2 -e-:. e· '•" c"" :"'e = -q,\CQ has respons·b· './ ,.., 2:::::::::·:2-:::e •- -e oro. s crs :::' :- s aw or any other Law ·n force ":...,es a·e H It • .Main!e11a11ce of Waste Bin ENTRACOto Designate Refuse Disposal Privore Collector of Refits~ Iv register C J ' ~ ...... IO efuse lecto,, ' A9 I.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law (3) The ENTRACO may cancel, suspend or renew any permit issued under subsectiorf(2) of this Section. 20.(1) Any vehicle or container used in transporting or conveying. refLse or waste within the State shall be covered in such a way that the contents thereof do not litter the street. I I (2) Where a vehicle or container does not comply wilh subsection (1) of this Section, the driver or carrier of the vehicle or owner of the vehicle or container as the case may be, commits an offence and is liable on conviction to a fine of W30,000.00 (Thi1iy Thousand Naira) or two (2) months imprisonment or both. I 21. Landlords/occupiers; of building and market leaders shall be held • responsible for any refuse dumped around the areas they occupy for which, they are unable to show evidence of appropriate report to the ENTHACO. I 22.(1 Any person who in the process of any construction or repair of any dra·n, excavates or removes any silt, earth or other material from such cra:n shall ensure that such silt, ea1ih or o1her materials, do not litter ~'le environment. • (2 Any person who contravenes Sub-Section (1) of this Section commits a:1 offence and is liable on conviction to a fine of Fifty Thousand Naira ,NS0,000.00) or two (2)'months imprisonment. : I :3.(A)(1) o person shall in the process of any construction at any site deposit • ori any ro3d, road verge or drain any building material, sand, laterite, gravel, iron rod, plank or any other building material. (2 Any developer or builder ·shall ensure that such sand, laterite, gra-1el, iron rod, p!ank or any other building materials mentioned in Sub­ Section (1) of this Section are npt deposited on the road but confined ~o the site of the construction. (3) Any developer, builder or agent who contravenes Sub-Sections (1) and (2) of this s·ection commits an offence and is liable on ccnviction to a fine of Fifty Thousand Naira (N50,000.00) or two (2) months imprisonment. 2~.(S)(i) No person shall sell or offer or display for sale or consumption a,:iy food, food items, goods or ottier articles of trade on a road junction, I I I I -. ----- Vehicle of waste lo be covered Landlords/ Tenants to be liable for refi,se aro1111d their building Removal of silt of other materials Prohibitio11 of deposit of , but/ding materials elc Prohibition of sale of gcods an:i - f' ' ' I I \ i A10 I.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law roadside, set-off or any other place prohibited by this or any other law in force in too state. , , . . I r . (ii) "No person sha\l paste or cause to be pasted, any hand bills, emblems, banner, on any public building, artifacts road/street, sign post, roundabout or road junction. I . . . 24.(1) The ENTRACO may authorize any of its agents; (a) to inspect a drain, open space, public place, recreation grounds, drain or.drainage system; or 25. 26. 27. (b) carry out any otrer work in a lawful manner on a drainage system or any part thereof. • I . (2) The building where a nuisance is noticed and such nuisance is hazardous to he~lth shall be warned to abate such nuisance by serving him an abatement notice. I . . (3) The owner or I occupier of the said building shall ensure the (4) abatement of the nuisance within three (3) days of serving the .. abatement notice. Any owner or occupier of the said building who fails to abate the nuisance commits an offence and is liable on conviction to a fine of Ten Thousand Naira (N1Q,000.00). Any person who contravenes any provision of this Law, or who violates any order of the commission, commits an offence and if the fine for such offence is not expressly provided for in this Law, and is not expressly stated in schedule 4 to this Law, shall be liable on conviction to a·fine of Ten Thousand Naira (N10,000.00)'. Any person who commits an offence under this Law shall be arrest$d by an authorized law enforcement agent or any other person - ·duly authorized by this law in that regard. The Board shall appoint Chief Environmental Health Officers who shall act as Abatement Officer for any area, and in the absence of any such appointment for any area the environmental Health Officer in charge of t1e area shall be the Abatement Officer for the area. . 1 posting oJB 111,authorize places. Power to In. b11ildi11g Prosecution offenders. Arr::st of offenders Appointmen Chief Health Officer ILaw Osting of Bil, ,wuthorized laces. ower to Jm,'J- 11i/di11g Prosec11tio1ro offenders • Arr::st of of/enders ,Jppointmen~ Chief lfe::ilth Officer A· 1 /.S.N. /mo State I La,v No. 3 of 2008 Environmencal Transform;ition Commission Law 3) .- -he fol'owing shall be deemed to be a nuisance: a Ariy premises which is in such a condition as to be injurious to health. {b A'ly premises which are so dark or so ill-ventilated or so damp or in SL.ch a condition or dilapidation, as to be dangerous or prejudicial to ~rie health of the person living or employed therein. (::: Any pool, ditch, gutter, watercourse, cesspool, drain, asphalt, refuse, pit latrine, dustbin, washing place, wall water tank, barrel, s.nk collection of sew;::ige, waler receptacle containing stagnant :inter, or other things in such a state or condition as to be injurious !o hea!th; (~) Ar:y animal or bird soI kept as to be injurious to the health of rr,an or "Ylo!esting neighbours, and any anirnal or bird suffering from roxious or contagiou~ diseases; (e Any hole excavation, well, pond or quarry in any street, rqad or ccmmunity which is or likely to becomn dangerous to the public. (f) -~-"', operntion or undertaking exuding noxious odours. (~) '.:l 3":ing crops and vegetables on read verges - " =" ·ronmental Health Officer shall if convinced of Hie existence of. a ·:/ ~se or any other nuisance, serve a notice hereinafter czilled an -:2:eri1ent Notice on the person by whose act or default the nuisance ar scs or continues, or 1: s ... c:, person cannot be found, on tl,e occupier or owner of the ~ren-i ses on which the nuisance arises requiring him to abate same -.~~ '1 the time specified in the notice, and to execute such works, to do s~:,; !'lings as may be necessary for that purpose. r~e ::nvironmental Health office~ may also by tha same or 1another -~: :e serve on such person, occupier or owner notlfy what is necessary :c- ::·:= 1enting the recurrene;e of the nuisance, if the health officer :cns·::::srs that it is likely to recL!r on the sarr:e premises. I 1: • ...,~re the nuisanc8 ari~es frcm any want or defect of a l~r~ctur2I :na•acter, or where the premises are unoccupied the notice shall b.e sz '. '=O on the owner. Deflnilion of Nuisance Notice regarding abatement of nuisance Imo State· A12 · /.S.N. Law No. 3 of 2008 . Envi;onmental Transformation Commission Law . .. I , ,· (5) • • · If any person fails to comply with any or the requisition of the notice served on any person, occupier or owner under this Section and does not remedy the nuisance within the time• specified,· such person commits an offence and shall or;i conviction be liable. to imprisonment for .one : month or fin8, of Ten T~f usa nd Na,ira ~w~ 0,000.00): . . . I .. · • (6) The payment of the f11ie shall be paid into an accou nt 1n a bank to be recommended by the ~NTRACO after such person h3s beeni served with a notice hereinafter called "payment notice". • - . . I (7) The payment notice lis -to be adopted for· the collection of all fines payable for the purpo9e qf -this .Section of .the law 0:-:cept the ones collected by the Sanitation court. • . I , • , . . ,,J. ; 30.(1) If a person, occupier dr owner of a building defaults to pay. after being - served the payment notice, the Environmental Health l);-ficer shall· make I a statement to the Co~rt in writing, stating the ,names, .. and the known places of abode of the parties and the substance of tl1e ~ction intending • to be brought. 1 • • (2) The Court shall after 1 hearing the Health Officer,. issue a summons directing the defaulter to appear at a certain· time and place not less than seven (7) days from the dat e of the service of: such summons, to appear before the court. • ... :, ,. •r1,, .• . (3) The Court may after hearing both parties, grant any of the following . orders depending on the substance of each case as fo!lows; 1 (a) An abatement order which shall require a per~.on Jo, comply with any of the requisitions of the notices. or otherv1is3 to abate ·the nuisance within a time sp·ecifiE=d in such order.., , -·.' :. ,~ • ,, . ; , . .. . (b) A prohibition order which shall prohib it the. reoc:::.i:-rence of-the nuisance. (c) An abatement order which shall in addition to th0 P:-?hibiti~n Order specify the work to be .executed by such person fc:,clhe purpose of abating or preventing the recurrence of the nui5,mce. • ·, .... ,. (d1 A closlng order which s.hall prqhipit any pre~ises1frcm. being. used :: for liuman habitation. -. ,,, ,,,., .. ,,,, ,, · , I • ,J. ' J '1t 1 1 •~1•, ,, l : •. \ ' 1· •,' • (e) Clos!ng order shall only be made. where , it )s.,,,:,roved to ttie Default of" . Payment Notice The Court to issue S111i'1111ons Court to grant Orders· ... '10/ . •111 Notice our/ to issue ons to gram ·s .. A'3 I.S.N. Imo State !.a.v No. 3 of 2008 Environmental Transformation Commission Law c-- satisfaction of the ~ourt that, by reason of the nuisance, the oremises is unfit for human habitation, and may impose a· fine of Twenty Thousand Naira "(-N20,000.00). J . I T'"le Court when satisfied'that the nuisance has been abated and ,is •: for human habitation, shall on -applicalion cancel the closing orc!er. I • 2.....,y person, owner or occupier of premises fails to obey the order ::' Co1..r: with respect to the abatement of nuisance, the Court sl1all: (i) i) i I In :rie case of abatement order, such person, owner or occup:er of the prerr;iises shall pay a fine of Twenty Thousand ";a ra (N20,000.00) per day during such default. · 1ri ~he case of a ~rohibition or closing order, such person, o:,f"'er or occupier of the premise:;; shall pay a fine of Twenty ..,..1iousand Naira (~12 1 0,000.00). T.-,e Court may direct the health officer to enter the premises to .. - ch ,my crder relates to abate the nuisance, or the court s ~3.J consider what is necessary in the execution of such order. ~-2. ::)B a vful for the Health Officer to enter any premises at any time -e ~~~ :"e hours of eight in the morning (8.00a.m) and five in tl1e =• =- -; 5.C'Jp.m) (for purpose of e)(amining as b the existence :::'eG- c· a'ly nuisance, or whether a nuisance found to exi~,t has been ~=~:::.:: c- t"e closing order is cancelled as the case may be. i • I ~-== s~a be a day set asicle for sc.:nitafon each month throughout the ~ ? e .... :n d3te and 1.:me shall be declared by the Governor. ~-::'"' a day, the general public f;hali turn out enmasse to conduct e~c : ean up of the cities, str~ets, di"c\ins, etc . :;::: s::: ares, roads to the streams and other roads shall be inspected 2:. e·,...rnental Health.Officers to ensure cleanliness. system shall ba inspected by healt!1 officers to 6ilsure • ::::::'a :er on the sc1nitation day shall be prosecuted by the ...,..e.,!c:I Health Officer/Agent in the-Sanitation Court. Right of Ei111J1 Mvnthly Sanitation in the Stale A14 /.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law (6) The Environmental Health Officer shall work clos~ly with agents, :· traditional rulers and. village • chiefs/heads and neighb.ourhood Associations. (7) This Section of the law shall not apply to people on essential d~ties. 33.(a) Each Local Government Area in the • State . shall ensure that environmental cleanlines~ is maintained within its area of jurisdiction. . I : (b) The Environmental Health Officers in the Local Government Area shall be vested with the authority of. inspecting all • areas of the. Local Government under their jurisdiction. ·\ (c) The Chief Health Officer; (CHO) shall ensu~e that every building has an approved Waste Bin and that ,;my defaulter is punished. in. ·accordance with the provisions of this Law. • • . . (d) The Chief Health Officers shall ensure that every vehicle passing within the Council's area of jurisdiction has a waste basket. • : ' . (e) Any commercial vehicle that has no waste basket shall be impounded until' the basket is provi~ed· and the ·appr':)ved fine paid. . (f) The Chief Environmental Health Officer shall impound any truck/vehicle • carrying r~fuse, sand.· or gravel not covered until cover is provided and the approved fine paid,:. • • (g) The Chief Environmental Health Officer $hall have power to arrest and to prosecute person(s) involved in indiscriminate bush burning or burning of refuse or construction of incinerators without the authority of the Ministry. . . •.· . • .. • • . • .\. • . . . • . I . (h) The Chief Environmental He~lth Officer shall have the powe~ to issue notice to any premises. in which tr,e • landlord/contractor .. ha~ riot- • removed silt, earth or othE;ff materia,ls along the ro~d or has deposited : 2riy description of building materials along the road. (Q -...,e Chief Environmental . Health Officer or any other- person(s) 2 : ... orized by this law . shall see to th~ imp,ementation. of all. ::~o, s:ons of this Law regarding environmental sanitation within the · -s:: :;:·ori of the local Government-Area. , · ., .... • • . ~ I :• •.a.'• 1 I ' • ' \•. ,. :...,, ... - . -· -·-------- -- --- ,-· --- ... - - [)uties of Local Governm.ml • Areas '\ ocal 11 .:..~ = A'5 I.S.N. Imo State aw No. 3 of 2008 Environmental Transformation Commission Law I PART Ill • .... . ESTABLISHMENT OF THE SANITATION COURT There is hereby established ari Environmental Sanitation and Traffic Co~rt for each Local Govrnment Area in Imo State. . . . . .,..he Customary Court in ~ach Local Government shall preside OV8f 911 = ->onmental Sanitc:ition i:rnd Traffic matters arising from this Law.\ -..,e Customary and Traffic Courts when sitting on Sanitation s"a be the Environment~! Sanitation Court under this law. I nli:!lter ' l -..,e Environmental Sanitation and. Traffic Court shall try CGlses urder ·- s 2.N and mal~e order;:, as to the fines for offences as provided in s:~ec .... e IV to this law. I • . • • • • , - . f I rf . h , . • d h' I h • - :;· :ne purpose o p1 ormmg t e runct1ons un er t 1s aw, t a 2. ~a'l of the sunitatio11 and traffic court shall have all the powers, eges 2nd immunitie~ of a Magistrate under any law for the time :)-':: -::- r force in the State. - I I .• . ~ .. .-: .. -standing anything to the contrary contained in any other law or s"2.c:'"11ent, an Environmental Sanitation and Traffic Court shail have 2.-::: exercise· jurisdiction i within the Local Government over all the: :- :;:;~ ces crea'.ed by this Law'. -;ie oroceedings of the Court shall be held in public from Monday to =n:.ay. ::: . 2, decision of the Court shall be signed by the Chairman of the sa~ .2:·on 2:1d Traffic court. .. 1 . • . .., 1 · . !.~., oe;son convicted by the Court ~;hall, withln thirty dnys from the c~:e c~ tJie conviction seek review against the de~ision of the Co~rt at • :-c C~stomary Court of Appeal of the St3te:; . • • ·' • I • --e Court shall issue official ·receipt' for any. fines paid by any per~on ::::::~✓-c:ed by the Court.• • I I Al "'oneys realized by the Court shell be paid to the bank 2ccoL1nt of - r-c~ ACO . Establish111e11t of Sanitation .Court Sanitalio11 Court lo mak~ Orders Poivers of the • Sa11ilalio11 Court • Jurisdiction of the Court Praceeding of the Co11rt Right of Appeal Payment of Fines '\ . i . A16 /.S.N. Imo State· Law No. 3 of 2008 Environmental Transformation Commission Law .10. 41. No person req ... ired or bound to execute any warrant or order issued by the Cf-ia rfl"an of th~ Sanitation and Traffic Court shall be liable to be prosecuted or sued in any. Court in respect. of such warrant or order ... n ess it is proved that he executed the process in an unlawful rianner. Any person who obstrL1cts or assaults an Environmental Sanitation and Traffc Court official in the performance of his duties under this.Law commits an offence and shall be liable upon conviction by the Sanitation and Traffic Court to a fine not excee.ding N10,000.00 (Ten Thousand Naira) or to imprisonment for a term not excee~ing six months or to both. • 42.\3) The Registrar of the Customary.Court.shall in additi.on to his normal duties perform the following duties to the Environmental Sanitation and Traffic Court: • I (i) (ii) (iii) I Prepare and issue all notices of offences; . I . . . Register all judgments and orders of the Court, record· .all I proceedings, judg11ent.and orders of .the· Court. I Enter an account of· all· monies or fines paiq to or received by the Court and issue official receipts. (iv~ Pay all fines received by him into the. revenue of ENTRACO Account. I {'.') A: the end of every week,· prepare a list of ~II fines and receipts ss ed for such fines,. and (.i) S ::>'Y'l·t a certified true copy of.the list to the ENTRACO.and the Ac::;c "'\tant General of Imo State. . . I .. If I' • . i .. Protection of Court Official Obstmclio11 of Court of Officials • Other staff of the Environmental Sanitation Court .:ct!s e = ) Imo State Er, ronmental Transformation Commission Law .. ,11SSION - -;;£e' of the Commission who shall be ..., on the recommendation of the ::,e the Chief Executive and Accounting =-= be responsible for the execution of the :.y ::i oay administration of the affairs of the I I ! ,....,. = ~-a be a serving officer in the state pu61ic ::"'::e eve! 15 2"r1 ::.~hall possess the requisite - -:.,tal matters. . ! I -:=· s'lall hold office - ·=-· \4) years and may be re-appointed for a final , ears only; and s and conditions as rnay be specified in his letter of· ':-?""':G .'anager may be re-assigned after his tenure by the =:::-::..-:.-:-~ :- 1i s application or upon the recommendation of the ~--~--~:--er to the State Public Service. .;:;-e·E:. Manager may resign his appointment by a notice in a=cressed to the Governor through the Chairmnn of the = ~~2-~ shall c:ippoint for the Commission a Secretary who shall be 2 :e·. -g officer in the State Public Service not below Grade Level 14. I . - :: Secretary of the Board shall keep the records and conduct tre • :..,.esoondences of the Commission. I I -.,e Secretary of the Board shall perform such other functions as the, =card or General Manager may direct. T'"'e Board • shall appoint for the Commission a co-ordinator or • Appoi11tme11t of the General Manager · General Manager as Acco1111ting Officer Grade Level 15 to be General Manager . Tenure of Office General .Manager to b~ Re-assigned Resignation of the General .Manager Appoillfll,elll of Secretary Duties of Secretnry Appointme,,/ cf - I I I A18 /.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law •. (2) 46.(1) I Environmental Health I Officer with a minimum of three(3) . years experience in envirorm:iental issues in each Local Government Area . in the state. ' • . . I . . . . . The Co-ordinator shall cover the designated area assigned to him for the effective implemen~ation of the Cl ean and Green initiative . • I . There shal l be a Legal Adviser to the Commission who shall be appointed by the Commission. , (2) The Legal Adviser shall be a legal Practitioner of not less than ten (8) years post call. • • (3) The Legal Adviser to the commission shall: (a) be responsible to the General Manager and the Cornm·ss·on. . I , • (b) be in charge of the LE;gal .Department; I . I (c) perform-such oth~r d~ties as may be assigned to n·rr ~.,.c..,... :·""e to time. • I 4 7. The Legal Adviser shall hold-office for a term offo ... • (4) 1ec·s a"d riay be. re-appointed for a final term of two (2) years only. . . . 48.(1) The Board shall have power to appoint for the CofY'"l' ss on s c .... o:ner employees as it may deem necessary for the effic.e .... : :::e..:c ....... a~::e c: ·ts f:.J11ctions under or pwrsuant to this Law. ? Trie terms and condhions of service-of employees o: :~e cc~ ..... ss·ori S"a be as may be determined by the Board. i o~:; .iis~anding the provisions of section 44, 45 aria t.6 :"e 3:::2·-c s'la "a. e oower to appoint for the. Commission e :re• c ·ec:, c· on s:CC"~'<'ent from the State Civil Service such numoer c: e ..... ::: c,ees as ~a. ":'le opinion of the Board be req 1 uired to ass·s~ :"e Cc..,.,"" ss on ·'1 ·- = : sc.,arge of any of its functions under this La •1. - - = s•a;.; so seconded under this arrangemen: ma) e ec: :o be =~ :Q !-ie service of the Commission, and an1 c•ey c s service a "a.e rendered iri the civil service shall co ... ": as se~·ce to ss :::"' ~or the purpose.of any pension s1...bsec e.,~) payab'e . --- -- \ Co-ordiJu:1/ors . • Appoi11ti11e11t of . • Legal Adviser Duties of Legal Adviser. Tenwe of Office of Legal Adviser· Other Employees , of the • • Commission Appoimmenrand Secondment ----·--- ~~-- --- : Law·:· Co-ordinators ppoint1i1e111 of -=gal Adviser lies of leg~/ .!viser. • . . ure of Office -egci/ Adviser- r Employees .c .. rnission :mnientcmd • Jdment • I I I Imo State LS.,'. ~ - J =' ?!IC, Environmental Transformation Commission Law :o the Commission shall create such department and , ::: ,/'sion as may be necessary· for the expeditious a'"':::e o' its function\> under this Law. - -ere':J, declared that service in the Commission shall be approved -= .. ::.e ::, :,e purpose of the Pensions Act. I = ~-, enployee of the Commission shall be entitled to pension, .'.=s ancl other retirement benefits as are prescribed under the =:-s ::~s Act. I •• -s:c1nding the provIsIons of Subsections (1) and (2) of this : :- '"'O:hing in this law shall prevent the appointment of a person = , -:;<r ce on such t~rms which preclude the grant of a pension, :· .J:her retireme~t benefits in respect of that office. • ·· j -= : ·ooses of the1 application of the provisions of the Pensions -= : ~mission is hereby vested with the power to exercise the ~ :ne Pension: Act. • · · I . ·1 , .. Creation o.f depar1111e111s. Pe11sio11 A.cl Pension Act A20 I.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law PART V - FINANCIAL PROVISIONS . . • 52. . The funds of the commission shall cotisisi of:- (a) Take-off grant from the Government.. . I I (b) Annual subvention from t~e Gov~mment. •. l (c) Monthly subvention ·from each of the Local Government-Areas in the State. • J - . . . I . I I. ' (d) Loans and grant in aid from bilateral and multilateral agencies .• . I . . . f • . (e) AU monies accruing from sanitation fees, penalties, fines and levi.es. . I (f) All other sums accruing to the commissi onfrom time to time . 53. The Commission may from time to time af)ply its fund to:- • • (a) The cost of administration of the Commission. . . I . (b) · Paying of emoluments, lallowances and benefits of members of. the : Board. • Funds of the . • Co111111ission Application of Com111ission 's Fund (c). Reimbursing members :of the Board or of any committee set up by • ·' the Board for such expenses as may be expressly authorized· by the Board.. • (d) The payment of salaries, fees or other .remuneration or allowances, gratuities and pensions; and other benefits- payable to the officers and other employees of, the Commission provided that such payment is expressly au~horized by the Board. (e) Develop and maintain any property vest~d in or owned by the • Commission, and (f) Or ;n connection with all or any of its fu ~ctions· under this law.· ,. 54.(1) The Commission sh91!, not later than J0th August, of each.year, submit: to ~he Commissioner an estimate· of its expenditure and income (inc ... d·11g oayments to the Commission) for.the next succeeding year. (2) The Cc-rrr·ssion shall keep proper accounts in respect of each year and orooe• records in relatfon to those. ~ccounts 9nd shall cause its . accoun:s :o be audited ·within three (3) months after the end of each .,· .. A11n11a/ Estimat, andAcco1111ts ithe ion A21 J.S.N. Imo State taw No. 3 of 2008 Environmental Transformation Commission Law 55.(1) e year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General of the State. I The Auditor-General of the State shall; I (a) Inspect and Audit the accounts anc.l records of the finalcial transactions of the Commission; (b) Inspect records relating to assets of the Commission, and 1 I ' (c) Draw the attention of the Commissioner to any irregularity, which is disclosed by such inspection ;;udit. I 2) The Auditor-General of t~1e State or an officer authorized by him is entitled at all reasonable time to a full and free access to all accounts, records, docL!ments and papers of the Commission relating directly or indirectly to the receipt of payment of money by the Commission or to the acquisition, receipt, custody or disposal of assets by the Commission. The Commission shall prepare and submit to the Imo House of Assembly through the Commissioner, not later than six months after the snd of each financial year, a report of the activities of the Commission during the immediate preceding year, and shall include in such report a copy of the audited accounts of the Commission for that year and the Auditor's report on the accounts. 1 The Commissio~ may. accept any gift of land, money ~r oth\~r pJp~rty on such terms mid conditions, if :rny, • as may be specified by the· person or organization making the gift provided that the Comniission shall not accept any gift if the conditions attached are inconsistent wilh • I the functions of the Commission and the terms of existing Laws. 1 The Commission rnay with prior consent of the Governor through the Commissioner borrow such monies as may be required to ·carry out ils ' r1ctions under this Law . ..,.."'e Commission shall maintain accounts with-approved bc1nk(s) into ,..,·c1--, all funds of the Commission shall be paid. ----------·----- A11dit Annual Reports Power to accept gift Poiver lo borrow Bank Acc::Ju11t I . . I A22 f.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law • PART VI - MISCELLANEOUS PROVISIONS AND LEGAL PROCEEDINGS The Commissioner may gi,ve to the Commission directives of a general or specific nature as to the exercise or performance· by the Commission of any of its functions in relation to matters appearing before him, and the Commission shall give effect to such directives; i (ii) in particular and without 'prejudice to the generality of the provisions of . sub section (i) above, the Commissioner may: . (a) Direct that the Commission shall ·act in accordance with the general ~rogram1e • or p~licy ·or arisir:,g issues from • the Govern~r. or . I • . : . .- (b) Direct that the Ccirhmission sh.all discontinu~ or. restrict. any. of its : · activities; · • • I . . . . . 1. • I • • I . (iii) • the Commission shall furnish the Governor and. the Commissioner with such information and re~urns relating to the activities of the Commission . • or of other bodies through which their activities are carried out, or as the· Governor may from time to time require. • I • • I • ·61.(1) Subject to the prov1s1ons of this Law, the• provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against an officer or employee of the Commission .. (2) Notwithstanding anything contained in any other enactment, no suit • c1gainst a member of the Board, the General manager, any officer or employee of the Commission done in pursuance or. execution of this Law or any other Law in respect of any alleged neglect or default in the execution of this law of any-other.enactment or law shall be lie or Directives from the Commissioner Commission to . . make returns Limitation of Suits be instituted in any court unless it is commenced - ·• .. -- ... -:---- (a) Within three months. next -after the ·act, neglect or default complained of, .or (b) In the case of a, continuation of damage or injury, within ·six montris next after the ceasing thereof. • ,o s ·: s'la!I be commenced against a member of the Board, the Ge"e'a '.~a'1ager, any officer or employee of the·commission before :"'e e,.::: rz: ori of a period of one month after written notice of the ":e..,. en :o :::ornrnence the suit shall have been served on the Cc~.,... ss ::" ::, :ne iritending plaintiff or his agent.· ---- sji·om 'llissioner to ·suits ~:3 l.S.N. Imo State L ,o. 3 of 2008 Environmental Transformation Commission Law ~.,e notice referred to in Subsection (3) of this Section shall clearly and explicitly state the cause of action, the particulars of the claim, tl-ie name and place of abode of the intending plaintiff and the relief wnich he claims. I- A notice, summons or other documents required or authorized to be served upon the Commission under the provisions of this Law or any other enactment or Law i;nay be served by delivering it to the -General Manager or by sending it by registered post addressed to the General Manager at the Headquarters of the Commission. I • I • • I . , A member of the Board, the General Manager, any officer or employee of the Commission shall be indemnified out o'f the assets of the Commission against any liability incurred by him in defending any proceeding, whether civil 1or criminal, in which judgment is given in his • favour or in which he is ;acquitted, if any such proceeding is brought against him in his capacity as a member of the Commission, the General Manager, officer or other employee of the Commission. ' I A member of the Board or the General Manager or any other employee of the Commission shall treat as confidential any information which has come to his knowledge in .the exercise of his powers in the perform2nce of his duties under this Law except where required to disclose such by a • Court or in such other circumstances as may be prescribed by the Board from time to time. ' . ' Imo State Environmental Sanitation Authority (law No.4 of ·1980), Imo State Environmental Sanitation Authority Law (Amendment) Edict; ~diet No.6 of 1985), Environmental Sanitation Board (Edict No.8 of • 994 are hereby repealed. ; ry olhe:· law in Imo State inconsistent with the provisions of th:s Law s~e I to the extent of its :nconsistency be null and void. . . I , --e s:3tutor.y fun~Uons, right, int,erest, ~bli~atio·~~ .and liabilities Ji the ::::'.)a~ment respor.sible for the environmental sanitation in the 1state e:~,e the commencement of this l.,aw under any contrabt or s.- rr-e1t by virtue of this Law shall be deemed to huve been :!SS ;~ec to and vested in the Commission. - =~s::s f....nds, !·esources ,.md any other movable or immovable . ' • . . ' .,. Service of , S//11/IJ/OIIS Jnd,mmiry of Officer~ Secrecy Repeals Savings and Trunsilional Prm•isions .-67. A24 /.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law property which immediately .. before the commencement of this Law, were in . the departme.nt . responsible for the maintenance of environmental §anitation in the State shall. be vested in the Commission. (3) Any person who immediately before the coming into force of this Law is attached. to any office. in the· department responsible for the maintenance of environmental sanitation In the State shall continue in office and be deemed to have· been- appointed to the office by the Commission, such officer being henceforth under the Commission. I , I The Board may with the approval of-the Commissioner make such regulations, which in his opinion are expedient for giving full effect to the provisions of this Law and for the due administration of its. provisions.- .I I \ I Regulations Imo State A2: S La., ••o 3 c$ =~~- Environmental Transformation Commission Law ~ S~,....EDULE I - :; • S,O S RELATING TO THE PROCEEDINGS OF THE BOARD ;-:: section 27 of the Interpretation Act (which provides ; s.a:utory body to be taken by a majority of its members -s~., presiding when the vote is ordered shall have a -e Commission may make standing orders regulating its - :~at of any of its Committees. -;e:ing of the Board, the chairman shall preside and in his - :: members present at the meeting shall appoint one of their --~- .:; oreside. n~m at a meeting of the Board shall be one third (1/3) of the entire -=-s1ip, and this number includes the Chairman. I I -embers of the Board may by notice in writing signed by theh1, es: the Chairman to summon a meeting of the Board for the purpose ~Jt in such notice and the Chairman shall thereupon order a special -;eting to be summoned within fourteen (14) days from the date on . 1ich the notice is given. The Board shal! meet at such times and places as the Chairman may direct. (2) The meeting of the Board shall be held at least three times in each calendar year. (3) Where the Board desires to obtain the advice of any person on a pc:rticu!ar matt6r, the Commission may co-opt him to the board for such period 8S :t thinks fit, such a person shall not be entitled to vote at any meeting of the Board and shall n9t count towards a quorum. 6.(1) (2) The Board may appoint committees to which it may .delegate any of its functions. I A committee appointed under paragraph 1 of this section shall consist of such number of persons as may be determined by the Board and shall hold office in accordance with the terms of its appointment (members of the committee shall not necessarily be members of the Board). I I - ------------· Cap 192 LFN. Chairman to preside ar meetings Quorum al meeting Members lo Summon ;nceling Place of meeting Appoi11:111en1 of Commi//ees I ' ; . I. ' i ·l A26 I.S.N. . Imo State . Law No. 3 of ·2008 Environmental Transformation Commission Law (3) The quorum of q/lY committee set up by.the Board shall be determined by the Board. • (4) A decision of a committee of the Board shall be of no effect until it is : confirmed by the Board. MISCELLANEou·s I 7, The fixing of the seal of ,the Commission shall be authenticated by the. signature of the Chairnian, the General Manager or any other person generally or specifically authorized by the Board to act for that purpose. 8. No contract shall be executed on behalf of the Commission unless the party to the contract is a corporate body. I . 9. • Any document purporting to be a contract, instrument or other document duly signed or sealed cin behalf of the Commission shall be received in evidence and shall unless the contrary is proved, be presumed without further proof to have been so signed or sealed. 10. The validity of any proceedings of the Board or of any of its committees shall not be affected by - · (a) any vacancy in the membership of the Board or committee, or (b) any defect in the appoin~ment of a member of the Board or committee, or (c) reason that any person not entitled to do so took part in the proceedings of the B9ard or committee. 11.(1) A member of the Board who is directly or. indirectly interes~ed in any matter being deliberated on by the Board or is interested in any contract made or proposed to be made ·by the Commission shall as soon as after the. relevant facts have come to his knowledge, disclose the nature of his interest at a meetif'.)g of the Board. (2) A disclosure under paragraph 1 of this section shall be recorded in the m nu:es of the meeting of the Board and the member concerned sha (a) not, after the disclosure take part in any deliberation or decision .. • o' the Board on the issue, and --------.. ------ -4-- -· --- Seal of the . Agency Valiqily of • proceedings of 1, . Board or • Commillea J\1ember to· disclose interest '-''- - - A27 I.S.N. Law No. 3 of 2008 Imo State Environmental Transformation Commission Law ~ ::-::; e (::: ..1ced for the purpose of constituting a quorum of any .,..,:c "9 of the Board for any deliberation or decision, with regard : -:= s~b;ect matter in respect of which his interest is SO I ' : • :;' :-e Board shall be personally liable for any act or omission -i good faith while engaged in the business !Of the <t ' ---,....-.-,,=-==-==-""'-~-""-""'·"==-----==:---=.;.~7-, .. , ---- ----..,, ,J A28 I.S.N. Law No. 3 of 2008 SCHEDl-1-£ II SA. "\lT A TION, DISPOSAL AND U ER J. L~ 0 '!'L,~"1...~-... T"' .. .,,--­ PROPERTIES AND BUSINES- ORG . ..:.'\!ZA Description of Ten em 1111 Ilusincs, 0 rgian i·La 1ion/ln,ti 1u1,on, 1m:.u, tries A TE~L\1I:\'T II iii iv bungri!ov,s :n r00!!!S Flats: 2-3 ;()()P.15 Flats ..;.5 fOO'!'S Amount Payable Per monih 100.00 200.00 300.00 500.00 B INDUSTRl[ .-\...: 'D ~1A.: ;-t,r'A.CTURING ESTABLI IL\1L :"I' II iii iv V C 11 iii lV V less than 10 err:;::: yees More than 10 !) ~ ~'l :o more than 20 '.:l.!: .ess -'1 s More thrin 50 More than 100 COMMERCL-\l. £ST.-\B : . . U:. T.:: Banks Insurance es ta!J! ish.~en :s Other.finance Hot:.ses. Cc. 'T. · Mercantile Houses Cold stores/Warehouse D HOTELS AND HOSP IT AL1n• ESTABLISHMENTS \.' vi Five Star Hotels Three Star Hotels Other Hotels Fast Food Es tab! islunent/Compa.-:) ~es:aurnnt/Beer parlours E.::.: .. 13 Houses/Others 1,000.00 2,000.00 3,000.00 3,000.00 3,000.00 : ::o.c,o 3,:~--~D -,---·- ... 2,:::!J.00 2,000.00 pe~ ='-! per .::. : per te:-?e~::: per industry ,, I ; ,, I ,, ! . ,, I I I per bank per company " " - -----· ----- ....... ----------=-----' =...;::;==------=-=-=-=--"'·--=-=-=--=-~-~~---= ..::. ~ .. -------, A29 /.S.N. Imo State La.•1 !',o. 3 o' 2008 Environmental Transformation Commission Law E PROT -10:-:AL ~D BUSINESS OFFICf. 500.00 Per Establishment :\c.::ountants BJsiness Center 500.00 ,, ~C .. ~ces 500.00 ,, --- 500.00 ,, 500.00 ,, ;::ss t:tc 1,000.00 e:s 500.00 ::; s w •• ons 2,000.00 ,, "·•a 1 Trading Houses/Major 5,000.00 ,, -iurs \\Urehouses). F t'.;:T.-u ,PHARMACY & , ~ !::R.\'ITIES sirnl 3,000.00 per Hospital hospital 4,000.00 " ::) ~ed hospital 5,000.00 " : p:1:ient)/Pharmacies 3,000.00 " s ,-9 bed 2,000.00 ,, 3,000.00 . " 10,000.00 " G T T ALLS/ ARTISAN HOPS 500.00 per ~~a11 1 si .. :. outside market 1,000.00 I . s~opping Complex 1,000.00 " -I :s:de market areas 1,000.00 " I I . Timber Markets 1,000.00 ,, workshop (Motor) 1,000.00 " Workshop (Motorcycle) 500.00 " .. - ,, I 2,000.00 " :::i.!!Yt. -··· ;. C ·re:. Carpenter shop 500.00 ,, 4) X •-;: ,::zers 500.00 ,, e e:s fitters/panel beater/Electricians 500.00 ,, :-..: o:-:r.g shop 500.00 " !·L ~ ... :-essing/barbing shops/Boutique 500.00 ,, . \ s~~1, Business shop etc 300.00 ,, !L ...... :ng materials shop 1,000.00 ,, • ......=....,:.. - ·-·.=-::.,;:· ============ A30 /.S.N. Law No. 3 of 2008 Environmer.· H BAKE HOUSES & COltN MILLS Bakeries ,.. II Corn-Mill .. iii Cassava grinding mills • iv Allied business ,. I POULTRY FARMS & PIGGERY ESTABLISHMENTS Poultry farms large/small j i pigge1y large/small iii GoaUsheep/rabbit pens iv Slaughter houses small/large V Building materials shops -(outside the Market areas J EDUCATIONAL INSTITUTIONS Tertiary (Private) 1 II Secondary/post primary (private) 111 Vocational (Private) iv Primary (private) V Others K MINISTRIES AND P ARASTAT ALS Government House Pe: :, ii Ministries iii House of Assembly , iv Judiciary ,. Parastatals - Board/Commissions • L MISCELLANEOUS Car wash Per---· II Bore hole (commerc;ial) • iii Laundry • iv Block molding Industry • V Sanitation tolls vi Open Sheds/Free Zones 5wwo• • vii Motor parks small/big .,000 ... .. -------------------~- A La - :... .. Imo State Environmental Transformation Co ... ,,.. ... ~.,., SCHEDULE III l AL PESTNECTOR CONTROL FEES AND FUMIGATIO:'\ CHARGE RATES PER QUARTER A. R n:s I LR QUARTER ! . -· 6. s 9 B u n of the Tenement n . Business trade and -~ be.:!room and above) y; up t0 2 bedrooins 3 bedrooms and above -- Occupier Premises in :,:, I:n terprise and .l\-,.\\\'l\\~\\ Commercial and vocational Schools , :1hout boarding facilities) Co'.Tlmercial and vocational Schools v.ith boarding facilities) Supermarkets Complex Supermarket C!-iemist Shops Pharmacy Shops ~~rge Pharmacy 9akery and Bake Houses !:3..ii!ding Materials Shops Pest Control Fumigation Fees Per Annum Charges Per (N) Quarter 0-<1 960.00 3,000.00 I 1,560.00 6,000.00 2,760.00 8,000.00 3,360.00 10,000.00 5,760.00 12,000.00 9,600.00 14,000.00 9,600.00 15,000.00 Pest Control Fumigation Fees Per Charges Per Annum (N) Quarter (.N) 10,000.00 20,000.00 I l 15,000.00 30,000.00 I 5,000.00 3,00l00 10,000.00 10,00Q.00 3,600.00 3,000.00 5,000.00 8,000.00 12,000.00 10,000.00 10,000.00 10,000.00 3,600.00 5,000.00 ------: ,;~: I.S.N. !..3 .o. 3 of 2008 Environmenta - .0. Aluminium Shops .. 3,6C : ! . Aluminium unc::r 10,oc ~2. Market Sta!ls. B ---- 6C 13. Provision Store:> 2,t . 14. Beer ParloL:-:::- ? .! " -, - 15. Patent Mee: - 3,6 . 16. Hair Salo~ 17. Barbing S-0- 2,-- 18. Tailoring S. "lS 3,6 19. 20. Motor Sp~ -e 'e...--ehouse) C. nd Institutions Pest C~ Fees Pe­ Annur:: 21 Other Sp:.-::? - s S. O?S 22. Metal \l., crks c~KS .O?S 23. 24. 25. 26. '27. 3. Elewor-~ S;;op Electron: Shops under Warehouse) Mechanic Workshops Motor Engineering Companies Panel Beating Workshops Electronic Workshops Refrigeration Sales/Repairs . CS.\~ Sales/Services Co . . : :er Sa!es/Services P..: ~; ~?:-:iylng Workshops • -e .: ---~e Shop )/ -:-...... ~~~' ---~ A33 I.S.N. \ I I Imo State Law No. 3 of 2008 Environmental Transformation Commission Law D. 34. Mullinational Tra'1ing Companies 35. Any Business under Warehouse 36. Consultancy/Professional Business Offices e.g. Lawyer's Chambers, Surveyors, Architects, Estate Valuers, Accountants, etc. 37. 38. 39. -H. Insurance Brokers Small lnduslries Large Industries Pool Houses Pool Promoters Bookshops Wood/Metal Manufacturing of Cabinet, Furniture Workshops and Establishments Cabinet Workshops '> Vulcanizing/Bicycle/Motorcycle Repair Shade/Stands 3. Car Wash (per center) ~- Timber Shade (per stall) 5. Block Industries 6. Laundry/Dry Cleaning 7. Cold Room/Cold Stores 8. Welding Workshops 9. Shall Business Centres I J. Complex Business Centres 60,000.00 7,200.00 2,400.00 2,400.00 7,200.00 18,000.00 3,600.00 12,000.00 .3,600.00 Pest Control Fees Per Annum (N) 3,600.00 2,400.00 2,400.00 2,400.00 7,200.00 2,400.00 4,800.00 3,600.00 "4,800.00 12,000.00 I I 190,000.00 10,000.00 8,000.00 8,000.00 12,000.00 30,000.00 3,000.00 30,~00.00 5,000.00 I Fumigation Charges Per Quarter (N) 8,000.00 3,600.00 3,600.00 12,000.00 5,000.00 8,000.00 ; .s,000.00 I 8,qoo.oo I 15,000.00 A34 /.S.N. Law No. 3 of 2008 Environmenta E. Larger Indus~ B Institutions w~­ Establishmec~ 1. Industries e.; :-' er~ :.c:ories, Toilet Tiss'...e c -- ~ ~ 2. Large lnd.!S'.:·:'.:S 3. Govermr.en: E~::·aw 4. State Go\.e:P..:nt ·? -~:::!:a'.s 5. State Go\.emm.: .. <!:nis::-:es 6. Universities, ?o. :e;:~..:cs and Colleges of Educa::0:1 7. Finance !-!oc.Ses e...'"!~ Community Banks/Ir.sura!':ce Companies 8. Bank Branch Premises 9. Hotels wi!h Lodging and Accommodation 10. Hostels with Lodging A?commodation 11. Filling Stations (each branch) 12. Federal Government Ministries and parastatals : 3. ~ursery Schools • 4. P,imary Schools ?cs: Primary Schools (without .: ~·:,g facilities) P ?. :::-.2..-:, Schoo!s (with bo1.:-cin ,,- f s. Food Ce:1tres.'CoC1;i!ex:!S Pest Cont.­ Fees Per Annum - 14,- l A35 I.S.N. Imo State Law No. 3 of 2008 Environmental Transformation Commission Law ; ; F. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. OTHERS PEST CONTROL FUMIGATION FEES PER CHARGES PER ANNUM (N) QUARTER (N) Slaughter House 50,000 40,0001 1 (Private Slaughter) Privak Hospital 15,000 20,0001 Doctors Clinic (Out-patients clinics) 7,200 20,000 Maternity Homes 7,200 20,000 Medical Laboratories 7,200 15,000 Large Restaurants 15,000 10,000 Other Eating Houses 3,600 7,000 Business in Batcher 2,400 5,000 Borehole Operators 3,600 3,000 Poultry Farm 12,000 20,000 Photo Laboratory 12,000 15,000 Markets, Motor Parks and Other Associations and Unions 100,000 Fumigation Certification per job done by I Road Side Fumigators s,000 1 ----·--------· . -- - ... -1-·----~ ,.. ....... -'----""-.:.....-~--­ I I ' I A36 /.S.N. l.aw No. 3 of 2008 " 'SCHEDULE IV I I OFFENCES AND F:.. I. =----:,0:15 Obstr½1clion of side wa..· C.:,posal of waste by the A£:: I - --T::;.~g of refuse waste by inc. ::e- places/corporate orga:- ;:-:):-oved city aclvertisemc:::-: r.:--=-----.. ..-..., : ... !)oarcls :. of sewage ~te trucks in transit :.ns, :oads with sand, stor- "g of water waste ~: domestic animals ==.-.:-::=;:: M O'l of source of wate: <zed officers. , I \ . ssion L;;w L \. I ..... \ • r l I I Imo State Environmental T,.111sformation Cnmmissi on .Lav1 ~:....c..---------- .. Tl's ·~- ...... '.J ession has beE:n carefully compared by me with the Bill which has been pass~ ti.) "': ouse of Assembly and found by me to be a true and correct printed copy of:.,e~::~ • . - 12 "' 7 ~ • ;=M~GOZI IBE:KW~ . (,!erk of th~ )"ouse of Assemoly lmo7·ate; of Nigeria Assented to by ;;,~-this .. /f~ .... d~y of ...... . /hig..v.Y. J:.. ., 2008 <, i y' ' ()/ I . ?/ 'I ----=-,-S-~.,1-·~q@HAl-(IM • Governor ,,, Imo State of Nig~ria Assent withheld by rne this ....................... day of ............ :,., .... -.... • ....... : ......... , 2008 CHIEF IKEDI OHA~GM Governor· Imp State of Nigeria Pass ~d again by the Imo House of Assembly by two-thirds majority th!s • .. , .. : .............. . ' . Duy of ................... • ....... : ........ , 2008. ' . l . I I 1. RT. HON. CHIEF GOOD~UCK NANAH OPIAH Speaker Imo State HoL1s'.e of Assembly I I • \~ . ' I, I• I I j, , I l 1 11 I I ~, ll 1 I r l i l \ \ 1 l • I I