GAZETTE NOTICE NO. 33

Pursuant to powers granted under section 156 (3) (a) and (b) of the Water Act, 2016 as read together with Rule 37 (3) of The Water (Services Regulatory) Rules, 2012, Lake Victoria North Water Services Board (LVNWSB), do hereby give a one month notice from the date of this communication to all existing and potential customers of Nzoia Water Services Company Ltd that the structure of approved tariff for water services for the financial year 2017/18 to 2019/20 is as follows: 1.0 Water Tariff Structure for Year 2017/18 to 2019/20 Current Approved Tariff Tariff (KSh/m3) (KSh/m3) Residential/Government Flat rate ksh Flat rate KSh institutions 0-6 222.00 300.00 7-20 55.40 70 21-50 72.02 77 51-100 88.64 89 101-300 110.80 120 Above 300 144.04 150 Flat rate Flat rate KSh Commercial/industrial 0-6 KSh 222.00 330.00 7-20 55.40 75 21-50 72.02 82 51-100 88.64 94 101-300 110.80 125 Above 300 144.04 155 Standpipes/Kiosks 35 35 Public schools, Universities and Colleges 0-600 44.32 55 601-1200 55.40 72 Above 1200 99.72 99 1.1 Sewerage Tariff Sewerage is charged at 75% of the water billed for all customers with a sewer connection (a)Disconnected water accounts shall be charged based on the average of the last three months' sewer charges before the disconnection. (b)Customers with no water connection but connected to the sewerage system- (i)Domestic Customers: flat rate of Ksh. 200 per month (ii)Government, Schools, Multidwelling units, Gated Communities and Commercial/Industrial customers: 75% of volume of water used as per the metered source of water. 2.0 Miscellaneous Charges Standing Charges Per Month Meter size Approved Charge (KSh.) 1/2 inches 3/4 inches 1 inch 1 1/2 inches 2 inches 3 inches 4 inches 6 inches '8 and above Water Deposit Category of consumer Domestic 2,500 Water Kiosks 5,000 Commercial 25,000 Industries 50,000 Domestic Construction 25,000 Commercial construction 50,000 Other Charges New Water Connection fee, 1/2 inch to 1 inch 2,500 New Water Connection fee, I 1/2 to 3 inch 7,500 New Water Connection fee, above 3 inch 15,000 Illegal connection- Commercial, Industry, 100,000 plus estimated consumption Construction(Fraud) during the period of the illegality Illegal connection (Fraud) — 30,000 plus estimated consumption Domestic during the period of the illegality 2,500, 5,000 respectively per tanker Tanker — 8000, 16,000 litres within WSP area for all consumers Customer Category Consumption Block in m3 5th January, 2018 THE KENYA GAZETTE 17 Standing Charges Per Month Meter size Approved Charge (KSh.) Replacement of stolen or damaged meters 100% of the market cost of the meter Sewer Connection- Residential 5,000 Sewer Connection- Commercial 7,500 Sewer Connection- Industrial 15,000 Private sewer unblocking(per manhole) 2,500 Sewer Reconnection 15,000 Exhauster Services 5,000 for other customers and 4,000. (Company Exhauster) for informal settlements Private Exhausters (Dumping into the company's sewer system) 15,000. per Truck per month Charges equal to those of illegal Illegal connection sewerage connections of water per category. Surcharge for tampering with meters (this to include meter removal, reversing of meter, etc) Surcharge for direct suction of water from the supply line using a pump 10,000 For special reading of a meter 200 For cutting off the supply at the request of the consumer For turning on the supply otherwise than in respect of a first connection For turning on the supply after a disconnection for non payment 3.0 Analysis of Cost Structure Below is the summary of the cost structure that makes up the total costs incurred by the Water Service Provider (WSP): Expenditure Item 2017/18 2018/19 2019/20 Operations 252,020,224 263,084,794 270,424,469 Maintenance 10,519,617 11,045,597 11,597,877 Regulatory Levy 4,744,230 5,185,769 5,814,687 WSB Administrative Fees 42,504,987 44,705,859 48,212,904 Loan Repayment 132,439,444 131,235,252 139,362,590 Minor Investments 4,000,000 7,500,000 4,000,000 Total Costs 446,228,502 462,757,272 479,412,527 Projected Rev. (KSh.) 450,701,895 492,648,064 552,395,258 O&M Cost Coverage (%) 101% 106% 115% 4 Conditions to the tariff: i. Tariff period The tariff adjustment approval is recommended for the remaining period of 2017/18 financial year and 2018/19 and 2019/20 financial years, during which time all the assumptions made in the tariff projections will be monitored and the WSP (NZOWASCO) will be expected to meet the targets below: Target 2017/18 2018/19 2019120 Water Coverage (%) 82% 83% 84% Water quality standards 100% compliance with the quality (%) standards Non Revenue Water 27% 23% 20% (%) Hours of Supply (Hrs) 22 23 23 Staff per 1000 connections 6 5 5 Metering ratio (%) 97 98 100 Collection Efficiency 95 95 95 (%) Resale at Kiosk Regulate resale by kiosk vendors at KSh. 1 per 20-litres. Tariffs at kiosks must be displayed at strategic points for public awareness with prominent display of NZOWASCO and WASREB logos with the words WASREB APPROVED' ii.Personnel Costs: The WSP shall progressively work towards attaining the sector benchmark of the proportion of personnel cost to the Operations and Maintenance (O&M) cost by 2019/20. Year 2017/18 2018/19 2019/20 Amount in KSh. 113,800,550 114,200,884 114,613,227 % of O& M 37% 35% 34% iii.Investments: The County Governments of Bungoma and Trans Nzoa, LVNWSB and WASREB shall monitor the funds set aside for investment in the following pipelines: Monitoring the project cycle of all the projects is necessary and the projects here in shall be publicized. Kitale St. Joseph - Birunda 6km, 4" Upvc Legacy - Bikeke 2.5km, 3" Upvc Bungoma Muskoma - Mumias 3km, 4" Upvc Total 2017/2018 2,500,000 2,500,000 2018/2019 3,500,000 3,500,000 2019/20 4,000,000- 4,000,000 iv.Debt Repayment: Open and operate a bank account for debt repayments which shall receive no less than the following amounts per annum to be credited on a monthly basis. The amount shall be disbursed form the account as per the loan repayment agreements. Year 2017/18 2018/19 2019/20 Amount in KSh. v.Regulatory levy: 132,439,444 131,235,252 139,362,590 The WSP shall remit the regulatory levy on monthly basis being 1% of the billing as per Legal Notice No. 36 of 2008. vi.Performance Evaluation: Performance targets to be met and ascertained by the County Governments of Bungoma and Trans Nzoia, LVNWSB and WASREB, at the end of the 1st year of the tariff period. Non achievement of the all targets without justifiable cause shall lead to revision of the tariff for the protection of the consumers including other measures which shall be ordered by WASREB. vii.SPA Revision: The clause on tariffs and licensee remuneration levy which is the equivalent of Clause 9 of the Model Service Provision Agreement (SPA) on "Tariffs, Remuneration and Financial Arrangements") shall be amended to conform with the approved tariffs: The agent shall remit fixed annual payments to Licensee, which shall be paid on equal monthly rates, at the end of respective months according to the amount in section 3. Dated the 20th December, 2017. ANTHONY KISAKA, Ag. Chief Executive Officer, Lake Victoria North Water Services Board. GAZE t t E NOTICE No. 34 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (No. 8 of 1999) 18 THR wiyA cy4?vr1'E 5th January, 2018 NOTICE TO THE PUBLIC TO SUBMIT COMMENTS ON AN ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT FOR THE PROPOSED CONSTRUCTION OF RESIDENTIAL APARTMENTS ON PLOT L.R. NO. 209/402/5 ALONG NGONG AT HEKIMA GARDENS, ADAMS ARCADE AREA, IN NAIROBI COUNTY Pursuant to Regulation 21 of the Environmental Management and Co- ordination ,(Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The Proponent, Ndemi Garden Limited, is proposing to develop a fourteen (14) storied residential apartments with all attendants facilities along Ngong Road approximately 1 km from Adams Arcade. The project will include construction of four (4) blocks of fourteen (14) storied residential apartments with a total of two hundred and twenty four (224) units. TI4 following are the anticipated impacts and proposed mitigation measures: Impacts Proposed mitigation measures Distortion of • Harmonize building scale with existing neighbourhood development in neighborhood. aesthetic image • Harmonize detail, material and finishes for roofs and walls with existing development in the neighborhood. Extraction and use of • Availability and sustainability of the building materials extraction sites as they are non-renewable in the short term. •Landscape changes e.g. displacement of animals and vegetation, poor visual quality and opening of depressions on the surface. Collapse of building • Ensuring Building Strength and stability. during construction • Use of appropriate construction materials and reinforcements as per specifications. •Ensuring building components are as per designs. •Proper supervision. •Ensure proper timelines are followed. Disturbance of traffic • Proper signage. flow • Awareness creation. •Education to truck drivers. •Dropping of materials during off-peak hours. Soil excavation • Excavate only areas to be affected by leading to site buildings. disturbance • Dumping of excess excavated materials to sites designated by NEMA and County Authority. •Restoration of sites excavated. Soil erosion • Create and Maintain soil traps and embankments. •Landscaping after completion of construction. Noise pollution and • Ensure use of serviced and greased equipment vibration • Switch off engines not in use. •Construction work to be confined to between 8 a.m. to 6 p.m. •Ensure use of earmuffs by machine operators. •Adherence to Noise And Excessive Vibration Pollution (Control) Regulations, 2009. Air quality • Water sprinkling of driveways or the use of biodegradable hydrant e.g. Terrasorb polymer will reduce dust emission during construction. •Ensure servicing of vehicles regularly. •Adherence to Air Quality Regulations, 2014. Solid waste • Ensure waste materials are disposed of on generation county Authorities and NEMA approved sites. •Ensure re-use of materials that can be re- used. •Use of the 3rs — Reduce, Re-use, Re-cycle. •Adherence to Waste Management Regulations, 2006. Impacts Proposed mitigation measures Energy consumption • Use electricity sparingly since high consumption of electricity negatively impacts on these natural resources and their sustainability. •Use of stand by generators. Excessive water use • Excessive water use may negatively impact on the water source and its sustainability. Liquid waste • Regular inspection and maintenance of the generation and waste disposal systems during the operation management phase. •Connection to sewer system. •Strict adherence to Water Quality Regulations, 2006. Security • the facility will be manned by security guards. •There will be 24 hrs. surveillance. •Presence of perimeter wall. Occupational health • Education and awareness to all construction and safety workers. •Ensure use of appropriate personal protective clothing. •Provide first-aid kits on site. •Ensuring Building Strength and stability •Proper supervision. •Proper signage and warning to public of heavy vehicle turning. •Ensuring building strength and stability. •Ensure strict compliance with the Occupational Safety and Health Act (OSHA) 2007. The full report of the proposed project is available for inspection during working hours at: (a) Director General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. •(b) Principal Secretary, Ministry of Environment and Natural Resources, N.H.I.F. Building, Community, P.O. Box 30126-00100, Nairobi. (c) County Director of Environment, Nairobi City County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days froth the date of publication of this notice to the Director General, NEMA, to assist the Authority in the decision-making process of the plan. GEOFFREY WAHUNGU, Director-General, MR/4167402 National Environment Management Authority.