Temeke Municipal Commission (Solid Waste Management)(Collection and Disposal of Refuse) By-laws, 2002 (G.N. No. 45 of 2001)

Temeke Municipal Council (Solid Waste Management) (Collection and Disposal of Refuse) GOVERNMENT NonCE No. 45 published on 25/1/2001 THE LOCAL GOVERNMENT (URBAN AUTHORITIES ACT), 1982 (No. 8 OF 1982) BY-LAWS Made under section 80 and (81) THE TEMEKE MUNICIPAL COMMISSION (SOLID WASTE MANAGEMENT) (COLLEC TION AND DISPOSAL OF REFUSE) BY-LAWS, 2002 I. These By-laws may be cited as the Temeke Municipai Commis- Title and sion (Solid Waste Management) (Collection and Disposal of Refuse) date of By ... Jaws, 2002 and shall come into operation on the date of publication operation in the Gazette. 2. These By-laws shall apply throughout the atel:l. of jurisdiction,of Applica Temeke Municipal Commission and as described in the Schedule hereto. tion 3. In these By-laws:- lnter "agent" means the Temeke Municipal Commission to render refuse col~ pritation lection services on its behalf; "authority" means the Teineke MunicipaJ. Commission, its successor, assignee and or authorised representatives; "bulk waste" includes, large appliances. machines, furniture, and other solid waste (Including construction or demolition debris or dead ani mals with weights or volumes greater than those allowed for bundl~ waste or dustbins); "bundle waste" includes tree parts, shruhs, bush trimmings, news pa-: pers, magazines, cartons or solid waste securely tied ai; a package not exceeding one metre in length or l 5kg'. in weight; "domestic refuse" means nonnal household waste produced on any resi dential building used wholly as a private dwelling; Where any trade is carried in any residential building or any part thereof the whole of the waste arising there from shall be considered as trade refuse; 25S Temeke Municipal Council' (Solid Waste Management) {Collection and · G.N. No. 45 (contd.) Disposal of Refuse) "hazardous wastes" means waste whole is toxic, flammable, carrosive, radioactive, explosive or otherwise dangerous in accordance with the Tanzania Environmental Protection Agency, and shall also in clude motor oil, diesel, fuel, gasoline (petrol), paint, solvents, dry cell and batteries, pesticides and infectious or medical wastes from hospitals and clinics, metallic and/or oily sludges or solvents from commercial aqd industriaJ establishments, asbestos materials, pesti cides, radioactive wastes, and the like; 11household" means a kaya, family, single or couples with or without childrcm; "occupier" includes any person in actual occupation of premises or resi dentiaJ dwelling without regard to have tidf! under which he· occu pies and in the case of residential dweJJing subdivided and let to lodgers or various tenants; the tenants; "owner" means the holder and includes any person lawfully claiming title under him or his or agent or any person receiving rent or proceeds on his behaJf; "person" means a natural person and includes a corporation wheth!'l" aggregate or sole; "polluter" means a person causing environmentaJ effect out of ~iquid waste, bulk waste, bundle waste, domestic refuse, trade refuse~ h~ ardous waste and so on; flpremises" includes land, buildings, vehicles, railway carriage or other conveyances and tentis, vans, structures of any kind, streams; lakes, seashore, drains or places open, covered or enclosed;whe'ther main~ tained or not under statutory authority and any ship, boaf6r'criili~'-or other vessel lying in any sea, river, harbour or other water, or exadverso of any place within the limits of the Municipality; "residential dwelling" means building, flat or any structure u'Sed' as· a private dwelling. it also includes undeveloped or partially de\ielo&Je<f land allotted for residential purposes; "zones" means the demarcation of areas in accordance with first sched ule to these By-laws; "refuse vehicles" means small container, large containercompacfurtruck, · small truck, carrier tipping truck or·trailler and so on; "refuse collection charges" means the charge determined by the author ity as refuse collection charge as set out in second schedule tbthese By-laws; 256 Temeke Municipal Council (Solid Waste Management) (Collection and Disposal of Refuse) G.N. No. 45 (contd.) 'service" means the cleansing, removing, collecting and disposal of trade and domestic refuse; "solid waste" means all waste material generated by household, institu tions, commercial establishments, and industries, all litter and clan destine piles of such wastes; "street" includes any street, road, highway, path lane, sanitary lane, sand ;lane, through-fare or public space to which the public have access and includes a bridge over which a road runs; "trade refuse" means all commercial and industrial waste arising from trading or industrial output or business or in the provision of services and includes all waste which is not domestic refuse as defined above; 4. Every occupier or tenant of any residential dwelling shall provide and maitain to the satisfaction of the Authority, a receptacle for domes tic refuse of a sufficient size, and fitted with a good and effective lid and shall dail ly cause to be placed within such receptacle the domestic refuse from the said residential dwelling in so far as the said receptacle shall be sufficient to contain the same; 5. Every occupier or tenant of any trade premises shall provide and maintain to the satisfaction of the Authority a receptacle for trade refuse of a sufficient size, and fitted with a good and effective lid and shall daily cause to be placed within such receptacle the trade refuse from the said premises in io far as the said receptacle shall be sufficient to con tain the same. 6. Every occupier and every owner of premises wherein bulk waste, industrial waste, hospital waste or any hazardous waste is generated, shall manage, contain and ensure that disposed of in a safe sound condi tions to the satisfaction of the Authority and as may be directed by the Authority from time to time. 7.-( I) The occupier of any residential dwelling or trade premises will deposit all refuse arising from a Residential dwelling or premises at a place directed by the authority. Any person depositing refuse other than in accordance with the direction of the Authority shall be guilty of a,i offence under By-law 19 hereof. 257 Manage ment domestic refuse Manage ment trade refuse Manage ment hazardous Waste Refuse deposit Temeke Municipal Councii (Solid Waste Management) (Collection and Disposal of Refuse) G.N. No. 45 (contd.) Authority to Collect and dispose Payment or a charge Civil liability Appli•·:11ion of Summary procedure Evidence (2) No person shall throw or deposit or cause to be thrown or deposited in or upon any street or other public place any construction debris, sands accumulation of dust, refus~, garbage, decaying animal, vegetable matter or obno-x ious matter. 8. The Authority shall arrange for disposal of trade and domestic refuse collected respectively from premises and from residential dwellings and the Authority shall collect and dispose of or arrange for the collection and disposal of all refuse deposited as specified in By-law 7 hereof. 9. There shall be paid by every househokl or c ~cu pier a refuse collection charge and in such manner as provided in Second Schedule to these By laws. Any person who fails to pay refuse collection charges on time shall be liable to a penalty of25% of the refuse collection charge and in each case shall also be guilty of an offence under By-law 19 hereof. 10. Any refuse collection charge payable under By-law 9 shall be a debt due to the Authority or its agent and may be recovered from the household or occupier as a civil debt by suit at the instance of the.Authority or any person authorised by the Authority on its behalf. I l. Without prejudice to the method of recovery of refuse collection charge prescribed in By-laws 9 procedure where any amou.nt of th e charge is due from any occupier, the Authority or any other person, duly· authorised by the Authority, may file in a court of competent jurisdiction, and over the area in which an occupier resides or carries on business, a certificate stating the name and address of the head of household or the occupier from whom the refuse collection charge is due and the actual amount due and signed by the Chief Executive of the At1thority. Upon the filing thereof, the Certificate shall be deemed to be a Plaint filed under Order XXXVofthe Civil Procedure Act, and the Court shaU proceed in accordance with the prdvisions of the Order, and in the ~vent· of a decree for payment by the household or occupier any sum fotlnd due,, there shall also be ordered the payment of interest thereon at the rate <:>f two percentum per month form the date on which the Certificate was filed until payment of the principal sum. 12. Every certificate filed in a court afoff said pursuant to By~laws 11 shall be prima facie evidence of the truth of the statement contained in that certificate. 258 Temeke Municipal Council (Solid Waste Management) (Collection and Disposal of Refuse) G.N. No. 45 (contd) 13. The Authority may authorise in writing any person to collect the refuse collection charge and may authorise in writing any such person to exercise the powers of the Authority for collection including the power to institute court proceedings against any person failing to pay the refuse collection charge and the Authority may authorise in writing any person t9 institute proceedings under By~laws 11 and 19 hereof. 14. If a nuisance shall exist upon or near by any premises or residential dwelling by reason of trade or domestic refuse produced thereon or proceeding there from, the Authority may serve upon the occupier of such premises or residential dwelling premises notice in writing requiring him to remove the nuisance within such period as may be specified in the notice and to prevent its recurrence; and if after the expiry of such period as aforesaid such nuisance shall continue or shall by, default or sufferance of the person upon whom notice shall have been served recur, such person shall be guilty of an offence against these By Laws. 15. The Authority may require the occupier of any premises or residential dwelling to make such arrangement for the removal and disposal ofnight soil as it may think fit. 16. The occupier of any plot or portion of a plot or in the cse of unoccupied plots, the owner thereof or any person shall not in any street or open place throw or lay down any dirt; filth rubbish, or stone or building . materials, or allow any of offensive matter to run onto any of them.: 17. Every owner of any residential dwelling or trade premises shall be vicariously liable for any offence under these By-laws committed by the occupier of.any person under him at that residential dwelling or premises. 18. Any Officer or agent qf the Authority duly authorised in that behalf, may at ali reasonable times, enter any residential dwelling or. premises within the area of jurisdiction of the Authodtyfor the purposes of conducting an inspection, inquiry or the execution of works u nder the provisions of these By-laws. 19. Any person who refuses or fai Is to comply with the provisions of these By-laws, who abstract on officer or agent or gives false informati'on in relation to any requirements of these By-laws shall be guilty of an offence, and shall be· liable on conviction to a fine not exceeding fifty thousands shillings or imprisonment for a term not exceeding six months or to both such fine and imprisonment. 259 Delegation of powers to agents Nuisance prohibited Manage ment of night soil Unoccu pied plot Vicarious liability· Offence and punishment Temeke Municipal Council (Solid Waste Management) (Collection and Disposal of Refuse) G.N. No. 45 (contd.) Dumping 20. Any Agent, contractor, owner, or any preson who haul waste to Polluters pay pay principle Repeal the dumping site shall pay refuse disposal charges in accordance with Third Schedule to these By-laws and in case of any default he shall be liable and purnished in terms of By-law 19 hereto. 2 I. Any person or manufacturer whose products shall cause to be littered or dumped a product, by product or package materials in any High way, street, premises or open space shall be liable for an annual polluters manufacturing fe~ which shall be based on a polluters pay principle, the said fee to be paid in advance on the date before a date set for a business licence and shall be at the rate of 0.0 I percentum of annual turnover of the business, provided that, ift~e polluter is out of the jurisdiction of the Municipal, shall be liable to pay two hundred shillings per 2 square km or part of it littered or disposed with per each week. 22. The Dar es Salaam (Refose collection By-laws), 1993 are hereby repealed. · The ~eal of the Municipal Commission was hereunto affixed in pursuance of Resolution ofthe Commission passed at a meeting duly convened and held on the 24th day of August 2000. Dodoma, 5th November.2001 NESTORY L. M. KOBERO, Secretary of the Commission R.MVUGALO Ag. Chairman of the Commission l APPROVE BRIG. GEN. (RTD) HASSAN NGWILIZI (MP), Mini.'Uer qf' State, President's Qffice, Regional Administration and Local Government 260 Temeke Municipal Council (Solid Waste Management) (Collection and Disposal of Refuse) FIRST SCHEDULE ZONES ZONE A: Old Wards: l. Keko 2. Mtoni 3. Temeke 4. Miburani 5. Kurasini 6. Chang6mbe 7. Azimio 8. Sandali 9. Tandika ZONE B: I. Mbagala 2. Charambe 3. Kigamboni 4. Yambo Vituka 5. Makangarawe ZOJl.;E C: The rema.ining Wards of Temeke Municipality. SECOND SCHEDULE CHARGES FOR REFUSE COLLECTION SERVICES Sl•/ Type of Premisek I. Residential Areas (per month) 2. Tea Room (per month) 3. C.at'e' (per month) 4 . Ice Parlour (per month) 5. Restaurant (per month) 6. Guest House (per month) 7. Dispensary (per month) 8. Health Centre (per month) 9. Hospital (per month) I 0. Small Industries & Garages (per month) 11. Industry (Light Waste) (per trip) 261 Middle Income 1,000.00 j,000.00 5,000.00 8,000.00 15,000.00 10,000.00 l0,000.00 10,000.00 60,000.00 20.000.00 30,000.00 G.N. No. 45 (contd.) Low Income 500.00 2.500.00 3,000.00 3.000.00 6.000.00 5,000.00 6,000.00 6,000.00 25.000.00 10,000.00 15,000.00 Temeke Municipal Council (Solid Waste Management) (Collection and Disposal of Refuse) G.N. No. 45 (contd.) SCHEDULE -(contd) SIN Type of Premisek Middle Income low Income 12. Industry Heavy Waste (per tone) 13. Wholesale shops (per month) 14. Retails Shops (Food & other items) (per month) 15. Schools (Primary & Secondary) (per month) 16. Boarding Secondary Schools (per month) 17. Day Care Centre (per month) 18. Groceries (per month) 19. Bar (per month) 20. Butcher (per month) 21. Pharmacy · Part I (per month) 22. PhllJ'.macy Part II (per month) 23. Market (per trip) 24. Stalls (magenge), (per month) 25,000.00 8,000.00 6,000.00 10,000.00 10,000.00 7,000.00 10,000.00 15,000.00 6,000.00 8,000.00 j,000.00 5,000.00 25. Food Vendors (Mama Lishe/Baba Lishe) (per day) 500.00 500.00 26. Truck offloading at Market Otlloading Unofficial (Per Trip) • 2m • 6m3 Per trip - 6ml - above Per month - official Offloading 27. Truck offioding Unofficial areas per trip 6m1-above 28. Bus Stations (per bus per month) 29. Daladala (Temeke Municipal Council) (TMC - with plying licence per month) 30. Small Business Informal Sector-per day 3 I. Informal day cleaner {dobi) & Tailors per month 32. lnfonnal Carpenter (per month) 33. Shoe Maker per month 34. Electronic gadget repair per month such as TV, RADIO, FANS. IRON Etc. 35. Tailor licenced per month 36. Saloon Licenced per month 37. Petrol Station per month 38. Kerosene Station per month 39. Store for charcoal per month 40. Ware houses (per trip) - 4.5m3 6m' 41. HOTELS tper month) Rooms 01 • 10 Rooms 11 - 15 Rooms 16 - 25 262 1.000.00 5,000.00 20,000.00 4,000.00 3,000.00 1,000.00 500.00 500.00 500.00 300.00 1,000.00 2,000.00 5,000.00 25,000.00 3,000.00 2,000.00 10,000.00 20.000.00 10.000.00 20,000.00 25,000.00 5,000.00 3,000.00 5,000.00 5,000.00 3,000.00 5,000.00 8,000.00 3,000.00 3,000.00 5,000.00 2,500.00 2,500.00 250.00 200.00 500.00 2.500.00 I0,000.00 2,000,00 3,000.00. 1.000,00. l00.00 300.00 300.00 100.00 500.00 1.000.00 2,500.00 10,000.00. 1,000.00 1,000.00 5,000.00 10,000.00 5,000.00 5,000.00 5,000.00 Temeke Municipal Council (Solid Waste Management) (Collection and Disposal of Refuse) G.N. No. 45 (contd.) SCHEDULE -(contd.) SIN Type of Premisek Middle Income Low Income Rooms 26 • 50 30,000.00 15,000 00 Rooms 51 • 75 40,000 00 25J)00.00 Rooms 76 • I 00 50.000.00 35,000.00 Rooms more than 100 60.TJ00.00 45,000.00 42. Ol"F!CES (per month) . Staff-01-05 1.000.00 500.00 Staff· 06 - l 0 2,000.00 l,0Q0.00 Staff - 11 - 15 3.000.00 1,500.00 . Staff - 16 - 20 5,000.00 2,000.00 Staff - 21 - 25 I0.000.00 4,000.00 Staff - 26 - 50 15,000.00 10,000.00 Staff- 51 • 75 20,000.00 15.000.00 Staff - 76 - I 00 30.000.00 25.000.U0 Staff mort:: than IO I 50.000.00 35,000.00 43. - Other not in this Schedule 5,000.00 3,000.00 THIRD SCHEDULE THE REFUSE DISPOSAL CHARCil:::S Ar IHL LANDI ILL. CAPACITY OF VEHICLE Every Pick-Up-I ton - 5 tons Every Vehicles from 6 tons - 10 tons Every Vehicles - IO tons - I 5 tons COST/CHARGES IN T.SHS. 2,000.00 4,000.00 8,000.00 SPEClAL DlSTRlJCTION OF FOOD & FOOD RELATED ARTICLES .Every I ton of Non poisonous, Food or food related article shall be destructed at the landfill site or Dumping site. The proprietor of the food, food article or on non poisonous article to be destructed shall incur all expensences ofa bulldozer to destruct the matter. lo excavate the land so as to burry the whole matter, the cost of material to cover the matter destroyed and tum it to be unpalatable, unmarketable prior to the destruction procedure, all supervision costs to be incurred by the owner prospector, manufacturer, processor of the food found unfit for human consumption. Costs shall be assessed at market price. 263