Mixing your household waste — say rotting food, jars and cans — will soon land you in trouble after the President signs a new bill into law.
The Sustainable Waste Management Bill 2021 calls for the segregation of non-hazardous waste into organic and non-organic types.
The effective date was not immediately clear but it is not expected to be immediate.
The bill is awaiting President Uhuru Kenyatta’s assent having been passed by the National Assembly and the Senate.
Segregating wastes makes sorting, recycling, reusing and reducing waste easier. Much less goes into landfills.
Under the new law, those who fail to segregate waste at the household level will part with a fine of Sh20,000.
They could also be slapped with a six-month jail term. Or they could go to jail and pay the fine.
Under the new plan, five per cent of the waste will be incinerated, 30 per cent recycled and 60 per cent turned into manure.
Only five per cent will go to landfills.
Once the law does come into effect, counties will have two years to develop their own legislation in consultation with the national government, the public and other parties.
Counties will have to enact regulations prescribing investment in sustainable waste management, including waste collection, separation, treatment, processing, recovery, and sanitary final disposal of waste.
Each county will also establish a material recovery facility for final sorting, segregation, composting and recycling of waste. It will transport residual waste to a long-term storage or disposal facility or landfill.
The new law says any person whose activities generate waste will collect, segregate, dispose of or arrange disposal of waste in accordance with the law.
The person or persons moving the segregated waste must be licensed by National Environment Management Authority.
Segregated waste will be placed in properly labeled and color-coded receptacles, bins and bags to be provided, according to Dr Ayub Macharia. He is he director of environmental eduction and awareness in the Ministry of the Environment.
The Constitution of Kenya says every person has the right to a clean and healthy environment. It says the environment must be protected through legislation and other measures.
Macharia said all waste service providers will collect, handle and transport segregated waste according to the law.
A provider who violates the law will be committing an offence and on conviction could be fined as much as Sh50,000, or imprisoned for six months. Or both.
The hazardous waste will handled separately and managed according to the Environmental Management and Coordination Act, 1999 and other laws.
Hazardous wastes are those with the potential to harm human health or the environment.
Producers of waste will also be held responsible.
“Every producer shall bear extended producer responsibility (EPR) obligations to reduce pollution and environmental impacts of the products they introduce into the Kenyan market and waste arising therefrom,” the new law read.
EPR is an environmental protection strategy that makes the manufacturer responsible for the entire life cycle of the product and especially for the take back, recycling and final disposal.
Materials subject to EPR include composites, agricultural film, batteries, oils and lubricants, plastic and rubber, and aluminum products.
Glass, electrical and electronic equipment, furniture, paper and carton, mercury auto switches and thermostats, paints, and pharmaceuticals products including packaging and textiles will also be subjected to EPR.
Others are tyres, automobiles, leather, rubber and agrochemicals and veterinary products, including packaging.
(Edited by V. Graham)
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