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Section 68 of The Environmental Management and Coordination Act CAP 387: Environmental audit

(1) The Authority or its designated agents shall be responsible for carrying out environmental audit of all activities that are likely to have significant effect on the environment. (2) An environmental inspector appointed under this Act may enter any land or premises for the purposes of...

Section 69 of The Environmental Management and Coordination Act CAP 387: Environmental monitoring

(1) The Authority shall, in consultation with the relevant lead agencies, monitor— (a) all environmental phenomena with a view to making an assessment of any possible changes in the environment and their possible impacts; or (b) the operation of any industry, project or activity with a view of...

Section 71 of The Environmental Management and Coordination Act CAP 387: Water quality standards

(1) The Cabinet Secretary shall, on the recommendation of the Authority— (a) establish criteria and procedures for the measurement of water quality; (b) recommend to the Authority minimum water quality standards for all the waters of Kenya and for different uses, including— (i) drinking...

Section 72 of The Environmental Management and Coordination Act CAP 387: Water pollution prohibition

(1) Any person, who upon the coming into force of this Act, discharges or applies any poison, toxic, noxious or obstructing matter, radioactive waste or other pollutants or permits any person to dump or discharge such matter into the aquatic environment in contravention of water pollution control...

Section 73 of The Environmental Management and Coordination Act CAP 387: Duty to supply plant information to the Authority

All owners or operators of irrigation project schemes, sewerage systems, industrial production workshops or any other undertaking which may discharge effluents or other pollutants shall within ninety days upon the coming into force of this Act or as may be demanded from time to time by the...

Section 74 of The Environmental Management and Coordination Act CAP 387: Effluents to be discharged only into sewerage system

(1) Every owner or operator of a trade or industrial undertaking shall discharge any effluents or other pollutants originating from the trade or industrial undertaking only into existing sewerage systems and the relevant entity operating or supervising such sewerage system shall issue, at a...

Section 75 of The Environmental Management and Coordination Act CAP 387: Licence to discharge effluents

(1) No entity operating a sewerage system or owner or operator of any trade or industrial undertaking shall discharge any effluents or other pollutants into the environment without an effluent discharge licence issued by the Authority. (2) Every owner or operator of a trade or an industrial...

Section 76 of The Environmental Management and Coordination Act CAP 387: Cancellation of effluent discharge licence

The Authority may in writing, cancel any effluent discharge licence— (a) if the holder of the licence contravenes any provision of this Act or any regulations made thereunder; (b) if the holder fails to comply with any condition specified in the licence; or (c) if the Authority considers it in...

Section 77 of The Environmental Management and Coordination Act CAP 387: Register of effluent discharge licences

The Authority shall maintain a register of all effluent discharge licences issued under this Act. The register shall be a public document and may be inspected at any reasonable hour by any person on the payment of the prescribed fee.

Section 78 of The Environmental Management and Coordination Act CAP 387: Air quality standards

(1) The Cabinet Secretary shall, on the recommendation of the Authority— (a) establish criteria and procedures for the measurement of air quality; (b) set— (i) ambient air quality standards; (ii) occupational air quality standards, emission standards for various Sources; (iii) criteria and...

Section 79 of The Environmental Management and Coordination Act CAP 387: Controlled areas

(1) The Cabinet Secretary, subject to the Constitution and any other relevant laws may on the advice of the Authority, by Gazette Notice, declare any area to be a controlled area for the purposes of this Part. (2) The Cabinet Secretary may, on the advice of the Authority, in regulations, prescribe...

Section 80 of The Environmental Management and Coordination Act CAP 387: Licensing emissions

(1) An owner or operator of a trade, industrial undertaking or an establishment which after the commencement of this Act, is emitting a substance or energy which is causing or is likely to cause air pollution shall apply to the Authority for an emission licence. (2) In the case of any trade,...

Section 81 of The Environmental Management and Coordination Act CAP 387: Issue of emission licence

(1) Before issuing a licence in respect of emissions, the Authority shall— (a) consider the possible effects of the emissions on the quality of ambient air; (b) consider existing licences affecting the same air resource; (c) give due regard to the requirements for the residents, human settlements...

Section 82 of The Environmental Management and Coordination Act CAP 387: Emissions by motor vehicles and other conveyances

No owner or operator of a motor-vehicle, train, ship, aircraft or other similar conveyance shall— (a) operate it in such a manner as to cause air pollution in contravention of the established emission standards; or (b) import any machinery, equipment, device or similar thing that will cause...

Section 83 of The Environmental Management and Coordination Act CAP 387: Additional licensing procedures

(1) The Authority may establish additional procedures for the application and grant of any licence under this Act and impose such conditions as it may deem appropriate. (2) Subject to subsection (1), the Authority may allow electronic issuance of license to facilitate collaboration with the...

Section 84 of The Environmental Management and Coordination Act CAP 387: Cancellation of emission licence

The Authority may, in writing, cancel any emission licence— (a) if the holder of the licence contravenes any provisions of this Act or of any regulations made under it; (b) if the holder fails to comply with any condition specified in the licence; or (c) if the Authority considers it in the...

Section 85 of The Environmental Management and Coordination Act CAP 387: Register of emission of licences

The Authority shall maintain a register of all emission licences issued under this Act. The register shall be a public document and may be inspected at reasonable hours by any person on the payment of a prescribed fee.

Section 86 of The Environmental Management and Coordination Act CAP 387: Standards for waste

The Cabinet Secretary shall, on the recommendation of the Authority— (a) identify materials and processes that are dangerous to human health and the environment; (b) issue guidelines and prescribe measures for the management of the materials and processes identified under paragraph (a); (c)...

Section 87 of The Environmental Management and Coordination Act CAP 387: Prohibition against dangerous handling and disposal of wastes

(1) No person shall discharge or dispose of any wastes, whether generated within or outside Kenya, in such manner as to cause pollution to the environment or ill health to any person. (2) No person shall transport any waste other than— (a) in accordance with a valid licence to transport wastes...

Section 88 of The Environmental Management and Coordination Act CAP 387: Application for waste licence

(1) Any person intending to transport wastes within Kenya, operate a wastes disposal site or plant or to generate hazardous waste, shall prior to transporting the wastes, commencing with the operation of a wastes disposal site or plant or generating hazardous wastes, as the case may be, apply to the...

Section 89 of The Environmental Management and Coordination Act CAP 387: Licences for existing wastes disposal sites and plants

Any person who, at the commencement of this Act, owns or operates a waste disposal site or plant or generated hazardous waste, shall apply to the Authority for a licence under this part, within six months after the commencement of this Act

Section 90 of The Environmental Management and Coordination Act CAP 387: Court orders to cease operation

The Authority may apply to a competent court for orders compelling any person to immediately stop the generation, handling, transportation, storage or disposal of any wastes where such generation, handling, transportation, storage or disposal presents an imminent and substantial danger to public...

Section 91 of The Environmental Management and Coordination Act CAP 387: Hazardous wastes

(1) The Cabinet Secretary shall, on the recommendation of the Authority determine standard criteria for the classification of hazardous wastes with regard to determining— (a) hazardous waste; (b) corrosive waste; (c) carcinogenic waste; (d) flammable waste; (e) persistent waste; (f) toxic...

Section 92 of The Environmental Management and Coordination Act CAP 387: Regulations of toxic and hazardous materials etc

The Cabinet Secretary may, on the advice of the Authority make regulations prescribing the procedure and criteria for— (a) classification of toxic and hazardous chemicals and materials in accordance with their toxicity and the hazard they present to the human health and to the environment; (b)...

Section 93 of The Environmental Management and Coordination Act CAP 387: Prohibition of discharge of hazardous substances, chemicals and materials or oil into the environment and spiller’s liability

(1) No person shall discharge any hazardous substance, chemical, oil or mixture containing oil into any waters or any other segments of the environment contrary to the provisions of this Act or any regulations thereunder. (2) A person who discharges a hazardous substance, chemical, oil or a mixture...

Section 94 of The Environmental Management and Coordination Act CAP 387: Standards of pesticides and toxic substances

The Cabinet Secretary shall, on the recommendation of the Authority— (a) determine standards for the concentration of pesticide residues in raw agricultural commodities. For the purposes of this paragraph, raw agricultural commodities— (i) include fresh or frozen fruit and vegetables in their raw...

Section 97 of The Environmental Management and Coordination Act CAP 387: Registration of pesticides and toxic substances

(1) The Authority may, upon application, register a pesticide or toxic substance subject to such existing conditions and any other conditions that the Authority may determine. (2) Every pesticide or toxic substance shall be registered for ten years unless some other period is specified by the...

Section 98 of The Environmental Management and Coordination Act CAP 387: Offences relating to pesticides and toxic substances

(1) No person shall— (a) detach, alter or destroy any labelling on a pesticide or toxic substance contrary to the provisions of this Act; (b) change the composition of a pesticide or toxic substance, contrary to the provisions of this Act; or (c) use or dispose into the environment a pesticide or...

Section 99 of The Environmental Management and Coordination Act CAP 387: Seizure of pesticides and toxic substances

(1) Any pesticide or toxic substance which the Authority reasonably suspects to be the subject matter of an offence under this Act shall be liable to seizure by the Authority. (2) Whenever any pesticide or toxic substance is seized under subsection (1), the Authority shall serve a notice of seizure...

Section 100 of The Environmental Management and Coordination Act CAP 387: Regulations regarding registration of pesticides and toxic substances

The Cabinet Secretary shall, in consultation with the relevant lead agencies, make regulations prescribing the contents of any application and the conditions for the registration of pesticides and toxic substances under this Act.