GAZETTE NOTICE NO. 10315

PURSUANT to section 59 of the Environmental Management and Co-ordination Act, 1999, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Shree Shyam Petro Chemicals Limited, proposes to set up and operate a used oil handling and recycling facility which will comprise of a total of twenty (20) oil storage tanks (8 with a capacity of 40,000ltrs each, 4 with a capacity of 14,000ltrs each and 8 with a capacity of 30,000ltrs each), loading and offloading area, oil/water interceptor, office block and associated facilities on plot L.R. No. Kinango/Maji Ya Chumvi/160,163, and 164 Maji Ya Chumvi Area, Samburu Sub-county, Kwale County. The following are the anticipated impacts and proposed mitigation measures: Impacts` Mitigation Measures Occupational Health and Safety Hazards at Workplace • Provide all employees with appropriate and adequate Personal Protective Equipment and Clothing (PPE’s & C). These include working safety boots, overalls, helmets, goggles, earmuffs, respirators/masks and gloves. • Warning and Safety signage will be placed at the strategic areas within the facility. Impacts` Mitigation Measures • Provide employees with correct equipment tools and for the jobs assigned and train on their use. • Provide first aid services and emergency services kit at the project site. This should be fully equipped at all times and should be managed by qualified personnel. • Register the facility as a workplace with the Directorate of Occupational Safety and Health Services in compliance with OSHA 2007. • Ensure moving parts of machines and sharp surfaces are securely protected while on site. • Develop and implement a safety and health policy, and emergency response plan for the facility. • Provide and keep an accident/incident register occurring on the site including near misses and actions taken to prevent future occurrences. • Regulate the entry of visitors to the construction site by deploying adequate security measures. • Conduct annual occupational safety and health audits for the facility. • Comply with the provisions of the Occupational Safety and Health Act, 2007. Loss of flora and fauna (Biodiversity loss) • The contractor will ensure proper demarcation of the project area to be affected by the construction works; Strict control of construction vehicles to ensure that they operate only within the area to be disturbed by access routes and other works. • The proposed project site will be rehabilitated through the rehabilitation plan to be developed by the proponent to try and retain the natural flora and fauna during the operation phase. This will entail progressive planting of native trees within the boundary of the facility. • Introduction of vegetation (trees, shrubs and grass) on open spaces within and around the site. Indigenous species would be preferred. Excavation and loss of top soil (Land degradation) • Maximizing the re-use of excavated materials to ensure that no permanent spoil dumps are created. • Extra loads of excavated soil should be used to make good the access road to the project site. • Properly disposing off the spoil in an area identified by the experts and approved by NEMA. • Ensure compliance with Environmental Management and Co-ordination (Waste Management) Regulations, 2024 in disposing the excavated soil. Noise and excessive vibrations • Provision of appropriate Personnel Protective Equipment (PPE) to protect the empoyees from noise and vibrations effects. 25th July, 2025 THE KENYA GAZETTE Impacts` Mitigation Measures • Construct mainly during the day (8am- 5pm). • Consider labour based construction methodologies. • Sensitize truck drivers to avoid unnecessary hooting and running of vehicle engines. • Ensure compliance with provisions of Environmental Management and Coordination (Noise and Excessive Vibrations Pollution) (Control) Regulations, 2009 during construction and operation phases of the proposed project. Air pollution (Dust emissions and exhaust fumes) • Minimizing the number of motorized vehicles on use during plant operations. • Rehabilitate disturbed areas. • Wet all active construction areas as and when necessary to reduce dust. • Dry materials should be kept dump or covered at all time. • Install gadgets to intercept the particulate matter as well as controlling gaseous emissions. • The proponent should undertake quarterly air quality analysis by a NEMA accredited laboratory in compliance with Environmental Management and Coordination (Air Quality) Regulations, 2024 during facility operations. • The proponent should apply for emission license from the Authority in compliance with Environmental Management and Coordination (Air Quality) Regulations, 2024 during facility operations. Solid Waste Management • Segregates their waste (hazardous and non- hazardous) by type and then disposes the wastes in an environmentally acceptable manner in compliance with Environmental Management and Co-ordination (Waste Management) Regulations, 2024. • Contract a NEMA licensed waste handler to collect and dispose wastes at designated disposal sites. • Label hazardous wastes containers in accordance with the requirements provided in the Environmental Management and Co-ordination (Waste Management) Regulations, 2024. • Ensure compliance with the Environmental Management and Co- ordination (Waste Management) Regulations, 2024 Legal Notice 178/2024 in handling wastes at the facility during operations. Used oil leaks and spills • Pave the loading and offloading area with an impervious material to prevent any spills from contaminating ground water and soil. • Construct a bund wall around the storage tanks, and loading and offloading area to prevent accidental oil leaks and spills from flowing to other areas. Impacts` Mitigation Measures • Ensure that adequate spill containment is provided at all times in case of severe leakage of oils at the facility. • Document and display at the facility emergency response procedures and plan for spillage incidents. • Regularly wash/desludge and maintain the oil interceptor in good working condition. • Conduct regular tests on the waste oil storage tanks to curb potential tank leakages. • Ensure compliance with the Technical Guidelines on the Management of Used Oil and oil Sludge in Kenya, 2016 during facility operations. Fire Risks and hazards • Procure and provide adequate firefighting equipment and place them strategically within the facility. • Firefighting equipment should be serviced regularly by fire service providers. • Develop and implement a fire and emergency response plan. • Train employees on the use of fire- fighting equipment. • Develop and implement a fire and emergency response plan. • Provide informative fire safety and warning signage within the facility • Enforce a ‘no smoking’ rule within the facility. • Undertake fire safety audit (FSA) for the facility in compliance with OSHA 2007. Physical disturbance of the project area • The proponent should ensure that there is minimal disturbance to the topography of the area. • The excavation and lanscaping design shall not interfere with local drainage or change the topography or introduce physical changes that are not in harmony with the physical setting of the project area. • The project components and associated structures should be aesthetically acceptable to blend in with the surroundings. • The proponent shall as much as possible complete the works in such a way that natural aesthetics shall be retained at the project site. • Restoration shall be undertaken to ensure that the original setting is as much as possible retained. Water quality and effluent management • Create awareness among the staff on water conservation mechanisms. • Monitor the quality of the domestic effluent and the discharge from the facility to ascertain conformity to the standards stipulated under Environmental Management and Co- ordination (Water Quality) Regulations, 2024. 4614 4614 Impacts` Mitigation Measures • Apply for and obtain an Effluent Discharge License (EDL) from Authority during facility operations in compliance with Environmental Management and Coordination (Water Quality) Regulations, 2024. • Ensure compliance with Environmental Management and Coordination (Water Quality) Regulations, 2024 during facility operations. Traffic management & site accessibility • The trucks carrying used oil will be advised to access the site at intervals to reduce traffic congestion along the access road. • The operations of the site will be on contractual basis hence reducing the potential impacts of heavy traffic. • Develop and implement a traffic management plan. • Control entry and exit of vehicles to and from the facility. • Ensure compliance with the provisions of Traffic (amendment)Act, 2022. Heritage, Cultural and Historical values • Prevention and restoration of cultural and heritage values of the community in the proposed project site. • The site for the proposed project does not possess any cultural and heritage sites. • The project should be in harmony with the cultural and social aspect of the community. Prevalence of Infectious and Communicable diseases • Education and sensitization of workers and the local communities on STIs and other communicable infections to the project team and the public. • The contractor has to institute HIV/AIDS awareness and prevention campaign amongst workers for the duration of the contract e.g. erect and maintain HIV/AIDS information posters at strategic locations within project site. • The proponent has to ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases. The community involvement • Make sure all stakeholders and the local population is comfortable with project implementation. • Provision of employment opportunities to the local community throughout the project phases. Drug and substance abuse • The project contractor and the proponent should create awareness among the facility workers on the impacts of drug abuse. • The project contractor should discourage the use and abuse of drugs among the workers and the community members. • The contractor should formulate a policy that discourages entrance with drugs on site during construction and operation phases. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment, Climate Change and Foresty, NHIF Building, 12th Floor, Ragati Road, Upper Hill, Upper Hill, P.O. Box 30126–00200, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (c) County Director of Environment, Kwale County. A copy of the EIA report can be downloaded at www.nema.go.ke The National Environmental Management Authority, invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA to assist the Authority in the decision making process for this project. Comments can also be e-mailed to dgnema@nema.go.ke MAMO B. MAMO, MR/7775963 Director-General.