GAZETTE NOTICE NO. 6241

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, County Government of Tharaka Nithi is proposing to establish a solid waste management site. The project will consist of the following components; Site office with parking space, external washrooms, offloading/sorting zone, recycling plants, sewer line, sewerage plant, ground monitoring Wells (No:7), driveway, perimeter wall with a gate house and a buffer zone and trucks parking. The following are the anticipated impacts and proposed mitigation measures: Impacts Mitigation Measures Excavations and protection of flora and fauna • Protect indigenous trees as much as possible and other surrounding vegetation that need not be removed. • Minimize site clearance to only areas needed for excavations. • Plant trees around the perimeter fence, buffer zone and within some section of the site. Occupational safety and health • Occupational Safety and Health Act, 2007. • Training the workers on the potential health risk caused by exposure to and how to reduce these risks. • Establish a Health and Safety Plan (HASP) for civil works areas. • Ensuring the working hours are controlled and that employees are not allowed to extend the working hours beyond an acceptable limit. • Provide workers with appropriate PPEs (gloves, ear gears, sturdy rubber boots and overalls). • Provide workers training on safety procedures and emergency response such as fire and sewer pipe bursts. • Notify workers about the upcoming disposal activity and the Safety requirements. • Post appropriate signpost and warning notices of the site that will inform the workers of key rules to follow. • Put in place an appropriate emergency and incident response plan. Solid waste generation from construction activities • A site waste management plan should be prepared by the contractor prior to commencement of construction works. This should include designation of appropriate waste storage areas, collection and removal schedule and identification of approved disposal site. Impacts Mitigation Measures • Ensure that the solid waste collection, segregation, and disposal system is functioning properly at all times during the construction phase. • Recycle and re-use wastes where possible such as scraps metal. • Train cleaning and maintenance workers on the need for proper waste management. Noise and excessive vibration from construction equipment and vehicles • Contractor will comply with provisions of EMCA, 1999 (Noise and Excessive Vibrations Regulations of 2009). • The Contractor will keep noise level within acceptable limits (60 Decibels during the day and 35 Decibels during the night) and construction activities shall, where possible, be confined to normal working hours in the residential areas. • Sensitive receptors shall be notified by the Contractor at least five (5) days before construction is due to commence in their vicinity. Traffic and pedestrian safety • Signposting, warning signs, barriers and traffic diversions: site should be clearly visible and the workers warned of all potential hazards. • Provision of safe passages and crossings for pedestrians be made. • Train staff at the site on safe and convenient passage at the work place. • Ensuring safe and continuous access to office and other facilities within the project area. Air quality • Establish simple air quality monitoring that ensures the outputs of the monitoring process are maintained and utilized in improving. • Appoint a dust monitoring agent/lab to monitor and analyze dust and air quality. • Air monitoring should be done continuously. Storm water management • Ensure all storm water from the site is directed towards the established water drains. Hygiene and sanitary provision • Provide washrooms, bathrooms and changing rooms within the facility. • Provide enough drinking water and for general use. Disposal scheduling and hours • The disposal and cleaning activities should be limited from 7 am or sunrise (whichever is later) to 5 p.m. or sunset. Clearance inspections • Inspections should be done to ensure that project site and work environment is cleaned to a satisfaction standard. Spread of communicable diseases and HIV/AIDS infection • Develop appropriate training and awareness materials for Information, Education. • Develop an intervention strategy compatible with the construction programme to address success of the HIV/AIDS prevention and provide peer educators for sustainability in collaboration with other stakeholders. • Integrate monitoring of HIV/AIDS preventive activities as part of the construction supervision. Basic 2142 2142 Impacts Mitigation Measures knowledge, attitude and practices are among the parameters to be monitored, and particularly on provision of condoms, status testing and use of ARVs. Labour influx to the project area • Effective community engagement and strong grievance mechanisms on matters related to labour. • Effective contractual obligations for the contractor to adhere to the mitigation of risks against labour influx. • Proper records of labour force on site while avoiding child and forced labour. • Fair treatment, non-discrimination and equal opportunity of workers. • Comply to provisions of Labour Relations Act, 2012 and Work Place Injuries and Benefits Act (WIBA, 2007). • The Contractor shall require his employees, sub-contractors, sub- consultants, and any personnel thereof engaged in construction works to individually sign and comply with a Code of Conduct. Violation of human rights, and gender requirement • Mainstream Gender Inclusivity in hiring of workers and entire Project Management as required by Gender Policy 2011 and 2/3 gender rule and National Gender and Equality Commission Act, 2011. • Protecting human risk areas associated with, disadvantaged. • groups, interfering with Participation Rights and Labour Rights. • The contract will provide provisions that ensures that gender based violence and abuse are not triggered by the Project as provided for by Sexual Offences Act, 2006. Violation of children rights • Develop and implement a Children Protection Strategy that will ensures minors are protected against negative impacts associated by the Project. • All staff of the contractor must sign, committing themselves towards protecting children, which clearly defines what is and is not acceptable behavior. • Children under the age of 18 years should be hired on site as provided by Child Rights Act (Amendment Bill), 2014. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, 12th Floor, Ragati Road, Upper Hill, P.O. Box 30126–00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (c) County Director of Environment, Tharaka Nithi County. A copy of the report can be downloaded at www.nema.go.ke The National Environment 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 regarding this project. Comments can also be emailed to dgnema@nema.go.ke MAMO B. MAMO, Director-General, MR/5164630 National Environment Management.