Sustainable Waste Management Act

Section 1. Short title Section This Act may be cited as the Sustainable Waste Management Act.

Section 2. Interpretation Section the government including the national and county governments, or any State organ, department, agency, service or undertaking of a national or county government;

Section 3. Objects of the Act Section promote sustainable waste management;

Section 4. General principles Section promoting the right to a clean and healthy environment;

Section 5. Role of the Cabinet Secretary Section policy on sustainable waste management in consultation with county governments;

Section 6. Waste Management Council Section 6(1) There shall be a council to be known as the Waste Management Council which shall be established by the Cabinet Secretary within one year of the coming into operation of this Act. Section 6(2)(a) a Chairperson appointed by the President; Section 6(2)(b) one person nominated by the Council of County Governors who shall be the vice-chairperson; Section 6(2)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to waste management or a designated representative; Section 6(2)(d) the Principal Secretary in the Ministry for the time being responsible for National Treasury or a designated representative; Section 6(2)(e) the Director-General of the Authority; Section 6(2)(f) one person nominated by the registered association representing the largest number of entities in the private sector; Section 6(2)(f)(i) one person nominated by the registered association representing the largest number of entities in the private sector; Section 6(2)(f)(ii) one person nominated by the registered association representing the largest number of entities in the manufacturing sector; and Section 6(2)(g) two persons with...

Section 7. Functions of the Council Section 7(1)(a) enhance inclusive inter-governmental coordination for sustainable waste management; Section 7(1)(b) review progress in implementation of the national sustainable waste management strategy; Section 7(1)(c) recommend to the Cabinet Secretary the national waste management recycling and recovery targets; Section 7(1)(d) synchronise the development of waste management infrastructure; Section 7(1)(e) mobilise resources for financing of the waste management sector; Section 7(1)(f) promote inter county waste management partnerships in consultation with county governments; Section 7(1)(g) recommend to the Cabinet Secretary incentives to promote sustainable waste management; and Section 7(1)(h) perform such other functions as may be assigned by the Cabinet Secretary. Section 7(2) The Cabinet Secretary shall, within one year of the coming into operation of this Act, make regulations for the operationalisation of the Council.

Section 8. Functions of the Authority Section 8(1)(a) develop standards and guidelines on sustainable waste management; Section 8(1)(b) generate and disseminate waste information for the public in consultation with county governments; Section 8(1)(c) enforce waste management legislation in consultation with county governments; Section 8(1)(d) save for where county governments have jurisdiction, issue licenses for waste management activities; Section 8(1)(e) conduct research, awareness creation and training on sustainable waste management; and Section 8(1)(f) data on the quantity and type or classification of waste generated, stored, transported, treated, transformed, reduced, reused, recycled, recovered or disposed of; Section 8(1)(f)(i) data on the quantity and type or classification of waste generated, stored, transported, treated, transformed, reduced, reused, recycled, recovered or disposed of; Section 8(1)(f)(ii) a register of licensed waste management, recycling and other related activities; Section 8(1)(f)(iii) the status of the generation, collection, reduction, reuse, recycling, recovery, transportation, treatment and disposal of waste; Section 8(1)(f)(iv) the impact of wa...

Section 9. Functions of county governments Section 9(1) County governments shall be responsible for implementing the devolved function of waste management and establishing the financial and operational conditions for the effective performance of this function. Section 9(2) County governments shall ensure that county waste management legislation is in conformity with this Act within a period of one year of the coming into operation of this Act. Section 9(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 framework for inter-county transportation and disposal of waste. Section 9(4) County governments shall provide central collection centres for materials that can be recycled. Section 9(5) County governments shall establish waste management infrastructure to promote source segregation, collection, reuse, and set up for materials recovery. Section 9(6) County governments shall maintain data on waste management activities and share the information with the Authority. Section 9(7) County governments shall mainstream waste management into county planning and budgeting. Section 9(8...

Section 10. Policies, regulations and standards by the Cabinet Secretary Section 10(1) The Cabinet Secretary shall, within two years of the coming into operation of this Act and in consultation with the Authority and county governments, make policies and regulations for the proper administration of this Act. Section 10(2)(a) the closure of open dumpsites; Section 10(2)(b) procedures for sustainable waste management; Section 10(2)(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 Section 10(2)(d) labour and health standards for waste handlers; Section 10(2)(d)(i) labour and health standards for waste handlers; Section 10(2)(d)(ii) quality and certification standards for organic waste; Section 10(2)(d)(iii) operational standards for dumpsites; Section 10(2)(d)(iv) the classification of engineered sanitary landfills; Section 10(2)(d)(v) the formation of waste collection, materials recovery and recycling savings and credit co-operative organisations; Section 10(2)(d)(vi) the facilitation of waste-to-energy and waste-t...

Section 11. Policies, regulations and standards by county governments Section 11(1) County governments shall, in consultation with relevant national government agencies, the public and other stakeholders, develop county legislation within two years of the coming into operation of this Act. Section 11(2)(a) the use of land within the jurisdiction of the county government for waste management; and Section 11(2)(b) investment in sustainable waste management including waste collection, separation, treatment, processing, recovery and sanitary final disposal of waste.

Section 12. Waste classification and segregation Section 12(1) All public and private sector entities shall segregate non-hazardous waste into organic and non-organic fractions. Section 12(2) The segregated waste shall be placed in properly labeled and colour coded receptacles, bins, containers and bags. Section 12(3) All waste service providers shall collect, handle and transport segregated waste as provided for under this Act. Section 12(4) Hazardous waste will be handled and managed as prescribed by the Environmental Management and Co-ordination Act (Cap. 387) and any other relevant written law. Section 12(5) A waste service provider who contravenes the provisions of this section commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding six months or both. Section 12(6) The Cabinet Secretary shall, in consultation with the Authority and county governments, Gazette the National Colour Coding System for waste management.

Section 13. Extended producer responsibility Section 13(2) Every producer shall fulfill their extended producer responsibility obligations individually or collectively in a compliance scheme. Section 13(3) The Cabinet Secretary shall, within two years of the coming into operation of this Act make regulations on extended producer responsibility.

Section 14. Materials recovery facilities Section 14(1) Each county government shall establish a materials recovery facility. Section 14(2) A materials recovery facility shall be used for final sorting, segregation, composting and recycling of waste generated or transported to the county and transport the residual waste to a long-term storage or disposal facility or landfill. Section 14(3) A materials recovery facility shall be licensed by the Authority. Section 14(4) The Cabinet Secretary shall, in consultation with the Authority and county governments, make regulations for the establishment and proper management of materials recovery facilities.

Section 15. Functions of the Cabinet Secretary Section 15(1) The Cabinet Secretary shall prescribe measures for the reduction of waste, and the environmentally sound reuse, recycling and recovery of waste. Section 15(2)(a) develop regulations on waste management; Section 15(2)(b) in consultation with county governments, publish model county waste management laws and regulations; and Section 15(2)(c) develop a National Waste Management Strategy. Section 15(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 be reviewed every five years.

Section 16. Functions of accounting officers of public entities Section 16(1) The accounting officer of a public entity shall be responsible for the management of waste generated in the entity in accordance with this Act. Section 16(2)(a) improvement of production processes through conservation of raw materials and energy; Section 16(2)(a)(i) improvement of production processes through conservation of raw materials and energy; Section 16(2)(a)(ii) eliminating the use of toxic raw materials; Section 16(2)(a)(iii) reducing toxic emissions and waste; Section 16(2)(a)(iv) identifying and eliminating potential negative impacts of the product; Section 16(2)(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; Section 16(2)(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 with this Act; Section 16(2)(d) the entity cleans up and restores the site to its natural state or near its natural state; Section 16(2)(e) the entity prepares a waste management plan and integrates the plan in...

Section 17. Functions of county governments Section enact a county sustainable waste management legislation within two years of the coming into operation of this Act;

Section 18. Waste management plans Section 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. Section 18(2) Each county government shall include the approved integrated county waste management plan in the integrated county development plan.

Section 19. Duties of private sector entities Section 19(1)(a) the actual quantities of waste generated by the entity; Section 19(1)(b) the waste management methods applied by the entity; and Section 19(1)(c) any other information that the Authority may require. Section 19(2) Notwithstanding the generality of subsection (1), the Cabinet Secretary shall, within six months of the coming into force of this 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. Section 19(3) A private sector entity that fails to comply with the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine of not more than two hundred thousand shillings and the person responsible for the private sector entity shall, in addition to the fine imposed on the entity, be liable to imprisonment for a term not exceeding three months. Section 19(4)(a) improvement of production processes through conserving raw materials and energy; Section 19(4)(a)(i) improvement of production processes through conserving raw materials and energy; Section 19(4)(a)(ii) limiting the use o...

Section 20. Duty to segregate and dispose waste Section 20(1)(a) segregate the waste at source in accordance with the provisions of this Act; and Section 20(1)(b) dispose the waste to only licensed waste service providers or at collection points designated in accordance with the provisions of this Act. Section 20(2) A person who does not manage waste in accordance with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand shillings or imprisonment for a term not exceeding six months or both.

Section 21. Duties of waste service providers Section 21(1) A waste service provider shall handle segregated waste in accordance with the provisions of this Act. Section 21(2) A waste service provider shall deliver segregated waste collected to facilities licensed and designated in accordance with the provisions of this Act. Section 21(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 liable to a fine not exceeding fifty thousand shilling or imprisonment for a term of six months or both.

Section 33. Regulations Section 33(1) The Cabinet Secretary may, in consultation with the Authority, make regulations for the better carrying into effect of the provisions of this Act. Section 33(2)(a) anything required to be prescribed under this Act; Section 33(2)(b) take back schemes; Section 33(2)(c) the conversion of dumpsites into landfills; Section 33(2)(d) categories of waste segregation; Section 33(2)(e) design and identification of waste transportation vehicles; Section 33(2)(f) materials recovery facilities; Section 33(2)(g) collection schedules for sorted waste types; Section 33(2)(h) importation and exportation of waste; Section 33(2)(i) management of e-waste; Section 33(2)(j) national colour coding system for waste; and Section 33(2)(k) any other matter required under this Act. Section 33(3)(a) the purpose and objective of the delegation under this 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 Committee; Section 33(3)(b) the regulations made under this section shall be of such a nature and scope, and within the limits specif...

Section 22. Access to information Section 22(1) The Authority shall keep the records on waste management submitted to it and maintain their confidentiality where the circumstances so require. Section 22(2) A person may have access to the records submitted to the Authority under this Act. Section 22(3) A person who wishes to access the records submitted to the Authority under this Act may, on application in writing to the Authority, be granted access to the records. Section 22(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 for access to information under this section.

Section 23. Public participation Section Public consultation and participation under this Act shall be conducted in accordance with the principles set out in the Second Schedule.

Section 24. Fees to be allocated to county waste management facilities Section Each county government shall allocate all waste collection and tipping fees or other charges levied on waste received at a county government waste management facility for the improvement of waste management activities and services.

Section 25. Incentives for waste management Section 25(1)(a) for locally produced and imported sustainable waste management equipment and materials including collection machines, equipment for recycling, composting, transporting and waste compacting; and Section 25(1)(b) to expand private investment in materials recovery and recycling activities. Section 25(2)(a) importers of sustainable waste management equipment, air pollution control equipment, recycling and composting equipment; Section 25(2)(b) private investors to expand investment in waste recycling and enhance circular economy; and Section 25(2)(c) private operators of certain classes of waste management equipment including equipment for recycling and composting. Section 25(3) The Cabinet Secretary shall, in consultation with the Cabinet Secretary responsible for matters relating to finance, prescribe incentives and make regulations for the preferential use of recovered or recycled materials over newly manufactured materials with no recycled content.

Section 26. Monitoring and evaluation by the Authority Section 26(1) The Authority shall monitor and review the performance of private entities and county governments in carrying out their functions under this Act. Section 26(2) The Authority shall develop regulations prescribing the procedure for reporting on compliance with this Act by private entities. Section 26(3)(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 Section 26(3)(b) require a private entity that fails to comply with its 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.

Section 27. Compliance and enforcement Section 27(1)(a) monitor, investigate and report on whether public and private entities are in compliance with the provisions of this Act; and Section 27(1)(b) monitor and enforce compliance with the provisions of this Act. Section 27(2) In the performance of its functions under this Act, the Authority shall have all the powers necessary for the purpose of monitoring and investigation including the power to enter premises of any private entity and make an enquiry relating to compliance with this Act. Section 27(3)(a) hinders the Authority in the performance of its functions under this Act; Section 27(3)(b) fails or refuses to give information that the person may lawfully be required to give to the Authority; or Section 27(3)(c) gives false or misleading information to the Authority. Section 27(4) A person who is convicted of an offence under subsection (3) shall be liable to a fine not exceeding one million shillings or imprisonment for a term not exceeding five years or to both.

Section 28. Role of the National Environment Complaints Committee Section 28(1) The National Environment Complaints Committee shall establish a complaints and redress mechanism for the purposes of this Act. Section 28(2) A person making a complaint on waste management to the National Environment Complaints Committee may submit evidence.

Section 29. Partnership programmes Section 29(1) The Authority shall, in consultation county governments, establish a partnership programme with waste generating industries and sectors for continuous education on waste to encourage compliance. Section 29(2) The county executive committee member responsible for environmental management in each county shall develop a framework for inter-county co-operation on waste management including the sharing of waste treatment facilities, materials recovery facilities and waste disposal facilities for approval by the county assembly. Section 29(3) The Cabinet Secretary shall develop regulations for the framework for inter-county co-operation on waste management.

Section 30. Restoration Section 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 to its natural state. Section 30(2) The Authority shall issue the person with a site restoration order if the person fails to clean up and restore the site in accordance with subsection (1). Section 30(3) A restoration order issued under this section shall be effected in accordance with the Environmental Management and Co-ordination Act (Cap. 387).

Section 31. Dispute resolution Section a refusal to grant a license under this Act;

Section 32. General penalty Section A person who contravenes a provision of this Act for which a penalty has not been prescribed shall, on conviction, be liable to a fine of not less than two million shillings and not more than four million shillings or to imprisonment for a term not exceeding four years or to both.

Section 34. Integrating waste management into school curricula Section The Cabinet Secretary shall, in consultation with the Cabinet Secretary responsible for matters relating to education and the Authority, develop a curriculum on sustainable waste management within one year of the coming into operation of this Act.

Section 35. Transitional provisions Section 35(1) The Cabinet Secretary shall, in consultation with county governments, develop a timetable for county governments to adopt the Act and regulations made thereunder. Section 35(2) The Authority shall publish a model county waste management legislation and related subsidiary legislation on such date as the Cabinet Secretary may appoint. Section 35(3) Regulations relating to waste management under the Environmental Management and Co-ordination Act (Cap. 387), shall remain in operation until corresponding regulations under this Act have been published in the Gazette .