PROPOSED CONSTRUCTION OF A FILLING STATION ON PLOT No. MAKINDU/KIBOKO B/687 MAKINDU. MAKUENI COUNTY

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1 ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT (REVISED EDITION) PROPOSED CONSTRUCTION OF A FILLING STATION ON PLOT No. MAKINDU/KIBOKO B/687 MAKINDU. MAKUENI COUNTY PROPONENT MR. LAWRENCE MWAGANGI MWANIA P.O.BOX KITENGELA, KENYA UPGRADED EIA REPORT REF. No 11,233 SEPTEMBER,

2 This Study Report on the Environmental Impact Assessment (EIA) study report is submitted to the National Environment Management Authority (NEMA) in conformity with the requirements of the Environmental Management and Coordination Act, 1999 and the Environment Impact Assessment and Audit Regulations, SEPTEMBER 2013 DECLARATION The Consultant submits this study report on the Environmental Impact Assessment (EIA) Study report for Mr. Lawrence Mwangangi Mwania as the project proponent. I certify to the best of my knowledge that the information contained in this report is accurate and truthful representation as presented by the client. Mr. Malachi O. Okello NEMA REG. No Signature: Proponent: I, Mr. Lawrence M. Mwania, do certify to the best of our knowledge that information contained in this report is accurate and truthful representation. P.O. Box Kitengela, Kenya Signed: Signed on: day of:

3 LIST OF ACRONYMS BOD COD EHS EIA EMCA EMP ERPs IEA NEMA OHS PH PMS PPE RMS SEM SS ULG UPSS UST WCC Biological Oxygen Demand Chemical Oxygen Demand Environmental Health and Safety Environmental Impact Assessment Environmental Management Coordination Act Environmental Management Plan Emergence Response plans Initial Environmental Audit National Environmental management Authority Occupational Health and Safety Power of Hydrogen Petroleum Motor Spirit (Premium Gasoline) Personal Protective Equipment Regular Motor Spirit ( Regular) Sustainable Environmental Management Suspended Solids Unleaded Gasoline Underground Petroleum Storage System Underground Storage Tank Waste Collection Centre 3

4 EXECUTIVE SUMMARY This project is situated within makindu area, Makueni County. The project will involve the preparation of the ground and installation of underground tanks, the project will essentially enhance the provision of fuel for the motorists along the road in the area. This will optimize land use; hence increasing its utility. The Government revenue will increase as well as enhancement of economic investment; increasing national wealth. The proponent will enjoy income generated through sale of petroleum products. The project will also provide employment during both constructions and operation phases. It will create market for goods and services and especially construction inputs, which include raw materials, construction machinery. This project shall also create an outlet for various other goods and services such as petroleum products. The proposed project shall entail the construction of other facilities such as the cover canopy, sanitary conveniences, station office and shops. An oil interceptor shall also be constructed to reduce chances of environmental pollution to soil and water by potentially contaminated surface/waste water from the station. The proposed project is designed in line with other similar projects (petrol stations) along the road and in other areas. The estimated project cost is Two Million, Five Hundred Thousand Shillings (KES 2,500,000) The oil industry spurred on by regulators globally, has recognized the need for change in order to safeguard the environment. In relation to this, the Environmental concerns have now been integrated in the planning and implementation processes of any proposed projects in Kenya. The key objective is to mitigate conflicts with the environment at the vicinity during implementation and operational phases. In addition, it is now mandatory for projects of such magnitude and nature to carry out Environmental Impact Assessments (EIA study reports in this particular case), to enhance Sustainable Environmental Management as well as controlling and revitalizing the much-degraded environment. Pursuant to the prevailing legal requirements as envisaged in the EMCA and to ensure sustainable environmental management, the proponent undertook this EIA study for the proposed petrol service station; and incorporated substantial environmental aspects as advised by NEMA. This EIA study report thus provides relevant information and environmental considerations on the project proponent s intention to see information and environmental considerations on the project proponent s intention to seek approval from NEMA for the development of the proposed project. The main objective of the EIA project is to provide information on the nature and extent of potential environmental impacts arising from the construction and operation of the proposed 4

5 Filling station (hereinafter referred to as the Project ) and related activities taking place concurrently and to contribute to decisions on the overall environmental acceptability of the Project after the implementation of environmental mitigation measures. The methodologies used to conduct this EIA study were a) Questionnaires b) Interviews c) Field observations d) Desktop research. The public participation comments, Freehold document, and Architectural Designs have been annexed at the back of this report. The scope of the study was to describe the project, document all the baseline information, address both the positive and negative impacts and develop mitigation measures for negative impacts including designing environmental management plan for the project. The following are areas of concern as well as positive impacts that have been discussed at depth in the report and their mitigation measures outlined. a) Solid and liquid waste generation b) Noise nuisance c) Employment d) dust emissions and air pollution e) occupational health and safety concerns f) National economic benefits g)energy use h) loss of vegetation i) Soil erosion j) Fire hazards and accidents ) land use shift k) Increased water demand l) Gaseous emissions m) Increased pressure on existing infrastructure. Methodology Outline The fieldwork was extensive and included several activities. A reconnaissance visit was made to the project area by the EIA team. Based on this, the team set out key areas of observation. This was then followed by detailed visits of the project area and neighbouring facilities taking records of observations as well as interviewing community members. Different stakeholders were interviewed to give their views on the expected impacts of the project. Literature review was also done. Their impacts on the environment were reviewed too. Environmental management and coordination Act (EMCA) 1999 and other relevant statutes that have a direct significance to the proposed project were reviewed. Other reports and reference materials on physical and biological data on the study area were also studied and reviewed. The general steps followed during the assessment were as follows: Environment screening, in which the project was identified as among those requiring an EIA under schedule 2 of EMCA, Environmental scoping that provided the key environmental issues. Desktop studies and interviews Physical inspection of the site and surrounding areas EIA Public participation via the use of questionnaires Reporting. 5

6 Project Design The EIA report is based on information and Consultation with the proponent. The proposed site is composed of the following major sections: The canopy over pumps (fore court) Underground oil storage tanks and breathers Offices and shops Drive ways: walkways; acceleration and deceleration lanes; and parking areas Oil/water interceptor Washrooms Possible Impact Impact on excavated soil Compromising Safety and health of workers, neighbours pedestrians and visitors Traffic and Transport Impacts Increased Human Activities Increased Solid Waste Generation Impact on air quality Environmental concern during the construction phase Noise and vibration levels Solid waste generation Proposed Mitigation Measures Control construction especially during wet/rainy conditions Landscaping Compact loose properly Dispose excavated loose properly Fence off the site Display warning signs of construction works. Issue workers with safety appliances. Ensure safe access to the site through culverts. Provide a first aid kit. Avail pit latrine and bathing facilities. Construct acceleration and deceleration lanes. Deliver materials on need basis. The personnel on the ground should guide traffic movements. Damaged drainage should be repaired and maintained after construction. Place litterbins at the site. Ensure that there are elaborate programmes of waste removal frequently. Waste generated should be contained appropriate. Wet or cover dust generating activities. Provide PPE to the workers. Switch off vehicle engine and machinery when not in use. Proponent will liaise with the environmental consultants throughout the construction phase. Use of manual labour. Noise assessment should be done. Use of PPE. Work with machinery should be limited today time only. Ensure all the waste, damaged and unused building materials are removed safely from the site and sold out, reused or disposed properly. Ensure general cleaning of the compound and disposal of solid wastes. Use oil receptors for containing waste oil. Provide litter bin for trash and solid waste. 6

7 Emergency preparedness Liaise with waste handlers especially tyres recyclers to collect worn out Tyres for disposal or retread. Service vehicles at the service bay to minimize oil spills. Recover waste and split oil into oil receptors. Provide suitable fire extinguishers including ABC or CO2 and place them near probable source ignition. Warning signs should be in place. Sources of fire should be restricted to all. Smoking and disposal of cigarette waste should be limited to designated facilities and areas far from the fuel dispensing canopy. Conclusion It should always be remembered that petrol filling stations once put into operation need to be closely managed. This will ensure that the environment is always safeguarded. It is therefore important that the site conduct regular site assessments to provide early indication of leaks or releases of product into the ground and available risks. If there is considered to be a very high risk, a redevelopment should be considered. Other methods to be considered, which will point to early indications of leaks are: There should be accurate records of stocks and sales; modern stock control systems; associated with tank gauging systems, to provide an early warning when stock losses are outside acceptable parameters; the project s systems should be tested on a regular basis as they get older, to attest they are sound; testing of both the tanks and lines should be by precision tightness methods and; monitoring wells should be installed around the site to give an early indication of a product release. Considering the proposed location, construction, management and mitigation measures that will be put in place and the project s contribution in the provision of petroleum products and creating employment opportunities, its implementation is considered important and beneficial. The key effort should be geared towards safeguarding the environment. This can be effectively overcome through close following and implementation of the recommended Environmental Management Plan (EMP). 7

8 TABLE OF CONTENTS DECLARATION... 2 LIST OF ACRONYMS... 3 EXECUTIVE SUMMARY... 4 TABLE OF CONTENTS INTRODUCTION PETROLEUM INDUSTRY IN KENYA ENVIRONMENTAL IMPACTS OF THE PETROLEUM INDUSTRY TERMS OF REFERENCE (TOR) FOR THE EIA POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK POLICY GENERAL OVERVIEW THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT 1999) THE ENVIRONMENT (IMPACT ASSESSMENT AND AUDIT) REGULATIONS, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE WATER ACT THE PUBLIC HEALTH ACT (CAP. 242) THE LOCAL GOVERNMENT ACT (CAP. 265) THE PHYSICAL PLANNING ACT, THE PENAL CODE (CAP. 63) ENERGY ACT, WORK INJURY BENEFITS ACT, LOCAL GOVERNMENT ACT CAP THE WAY LEAVE ACT WEIGHTS AND MEASURES ACT, CAP THE CONSTITUTION OF KENYA, PROJECT BASELINE INFORMATION PROJECT LOCATION SOCIO-ECONOMIC FACTORS PHYSICAL ENVIRONMENT BIOLOGICAL ENVIRONMENT AIR POLLUTION SITE INFRASTRUCTURE PROJECT DESCRIPTION INTRODUCTION JUSTIFICATION OF THE PROJECT PROJECT ALTERNATIVES OPERATION AND PROCESSES PROJECT DESIGN DESCRIPTION OF THE PROJECT S CONSTRUCTION ACTIVITIES

9 4.7 DESCRIPTION OF THE PROJECT S OPERATIONAL ACTIVITIES SIZE AND MAGNITUDE OF THE PROJECT THE PROJECT SCHEDULE ESTIMATED PROJECT COST ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES POSITIVE IMPACTS ADVERSE IMPACTS AND MITIGATION OPERATION PHASE DECOMMISSIONING WORKING CONDITIONS PUBLIC CONSULTATIONS FURTHER RECOMMENDED MITIGATION MEASURES GENERAL OVERVIEW PLANNING AND DESIGN OPERATIONS AND MAINTENANCE PROJECT DECOMMISSIONING REMOVAL/REPLACEMENT OF FUEL TANK DESCRIPTION OF THE PROJECT S DECOMMISSIONING ACTIVITIES ENVIRONMENTAL MANAGEMENT PLAN FRAMEWORK PROPOSED EMERGENCY RESPONSE PLAN REFERENCES

10 1.0 INTRODUCTION 1.1 Petroleum Industry in Kenya The East African republic of Kenya has had no known oil or gas reserves, until recently oil reserves were discovered in northern part of the country. The Kenyan government has encouraged foreign interest in oil exploration and there is a modest upstream oil industry. It is endowed with other energy sources including wood fuel, coal, solar and wind power, much of which is untapped. The country's commercial energy needs are supplied by electricity, coal, fuel wood and oil-derived products. Petroleum is Kenya s major source of commercial energy and has, over the years, accounted for about 80% of the country s commercial energy requirements. Demand for oil in Kenya is quite small due to the country s underdeveloped economy, which is heavily dependent on labour intensive and rain-fed agriculture systems. The domestic demand for various petroleum fuels on average stands at 2.5 million tons per year, all of it imported from the Gulf region, either as crude oil for processing at the Kenya Petroleum Refineries Limited or as refined petroleum products. Prior to liberalization in October 1994, a significant feature of Kenya s oil industry was a relatively high level of government s direct participation, and a correspondingly low level of private sector involvement. Seven marketing and distribution companies were responsible for procuring and importing their own oil. The National Oil Corporation of Kenya was mandated to supply 30% of the crude oil requirement into the country. Since liberalization, many new companies have been licensed by the government to engage in petroleum trading, especially import and export, wholesale and retail of petroleum products. However, despite this initiative, only about ten new entrants are actively trading with a market presence of less than 10% of the market share due to tariff and non-tariff barriers to entry. The Kenya Petroleum Refineries Limited, Kenya Pipeline Company Limited, National Oil Corporation of Kenya and Kenya Railways Corporation represent the government.s presence in the petroleum industry. The Kenya Petroleum Refineries Limited is owned on a 50:50 equity holding between the government and three shippers, namely, Shell, British Petroleum and Caltex. The Kenya Pipeline Company Limited, Kenya Railways Corporation and private transporters are involved in transportation of petroleum products from Mombasa to other parts of the country and neighbouring countries. National Oil Corporation of Kenya Limited was incorporated in 1981 under the Companies Act (Cap 486). The company's main objective then was to coordinate oil exploration (upstream) activities. In 1988 the company was mandated on behalf of the government to supply 30% of the 10

11 country's crude oil requirements that would in turn be sold to oil marketing companies for refining and onward sale to consumers. In July 2000, the Petroleum Institute of East Africa was launched with the aim of promoting all areas of the oil sector in East Africa. In 1997, the East African Community (EAC) (dissolved in 1977 due to political differences) was revived to create a partnership between Kenya, Uganda and Tanzania. The aims of the EAC are, inter alia, to promote investment codes by protecting property and rights, and properly regulating the private sector. 1.2 Environmental Impacts of the Petroleum Industry The environmental impact of petroleum is often negative because it is toxic to almost all forms of life. The possibility of climate change exists. Petroleum, commonly referred to as oil, is closely linked to virtually all aspects of present society, especially for transportation and heating for both homes and for commercial activities. Toxicity Petroleum distillates contaminate surface runoff and kill almost all life. Crude oil is a mixture of many different kinds of organic compounds, many of which are highly toxic and cancer causing (carcinogenic). Oil is "acutely lethal" to fish, that is it kills fish quickly, at a concentration of 4000 parts per million (ppm) (0.4%). Crude oil and petroleum distillates cause birth defects. [2] Benzene is present in both crude oil and gasoline and is known to cause leukemia in humans. The compound is also known to lower the white blood cell count in humans, which would leave people exposed to it more susceptible to infections. Studies have linked benzene exposure in the mere parts per billion (ppb) ranges to terminal leukemia, Hodgkins lymphoma, and other blood and immune system diseases within 5-15 years of exposure." Air pollution When oil or petroleum distillates are burned usually the combustion is not complete. This means that incompletely burned compounds are created in addition to just water and carbon dioxide. The other compounds are often toxic to life. Examples are carbon monoxide and methanol. Also, fine particulates of soot blacken humans' and other animals' lungs and cause heart problems or Acid rain High temperatures created by the combustion of petroleum causes nitrogen gas in the surrounding air to oxidize, creating nitrous oxides. Nitrous oxides, along with sulfur dioxide from the sulfur in the oil, combine with water in the atmosphere to create acid rain. Acid 11

12 rain causes many problems such as dead trees and acidified lakes with dead fish. Coral reefs in the world's oceans are killed by acidic water caused by acid rain. Acid rain leads to increased corrosion of machinery and structures (large amounts of capital), and to the slow destruction of archaeological structures like the marble ruins in Rome and Greece. Climate change Humans burning large amounts of petroleum create large amounts of CO 2 (carbon dioxide) gas that traps heat in the earth's atmosphere. Also some organic compounds, such as methane released from petroleum drilling or from the petroleum itself, trap heat several times more efficiently than CO 2. Soot blocks the sun from reaching the earth and could cause cooling of the earth's atmosphere. Oil spills An oil spill is the release of a liquid petroleum hydrocarbon into the environment, especially marine areas, due to human activity, and is a form of pollution. The term is usually applied to marine oil spills, where oil is released into the ocean or coastal waters, but spills may also occur on land. Oil spills may be due to releases of crude oil from tankers, offshore platforms, drilling rigs and wells, as well as spills of refined petroleum products (such as gasoline, diesel) and their by-products, heavier fuels used by large ships such as bunker fuel, or the spill of any oily refuse or waste oil. Major oil spills include the Kuwaiti oil fires, Kuwaiti oil lakes, Lakeview Gusher, Gulf War oil spill, and the Deepwater Horizon oil spill. Spilt oil penetrates into the structure of the plumage of birds and the fur of mammals, reducing its insulating ability, and making them more vulnerable to temperature fluctuations and much less buoyant in the water. Cleanup and recovery from an oil spill is difficult and depends upon many factors, including the type of oil spilled, the temperature of the water (affecting evaporation and biodegradation), and the types of shorelines and beaches involved. Spills may take weeks, months or even years to clean up. Volatile organic compounds Volatile organic compounds (VOCs) are gases or vapours emitted by various solids and liquids, many of which have short- and long-term adverse effects on human health and the environment. VOCs from petroleum are toxic and foul the air, and some like benzene are extremely toxic, carcinogenic and cause DNA damage. Benzene often makes up about 1% of crude oil and gasoline. Benzene is present in automobile exhaust. More important for vapors from spills of diesel and crude oil are aliphatic, volatile compounds. Although "less toxic" than compounds like benzene, their overwhelming abundance can still cause health concerns even when benzene 12

13 levels in the air are relatively low. The compounds are sometimes collectively measured as "Total Petroleum Hydrocarbons" or "TPH." Waste oil Waste oil is used oil containing breakdown products and impurities from use. Some examples of waste oil are used oils such as hydraulic, transmission oil, brake fluids, motor oil, crankcase oil, gear box oil and synthetic oil. Many of the same problems associated with natural petroleum exist with waste oil. When waste oil from vehicles drips out engines over streets and roads, the oil travels into the water table bringing with it such toxins as benzene. This poisons both soil and drinking water. Runoff from storms carries waste oil into rivers and oceans, poisoning them as well. 1.3 Terms of Reference (TOR) for the EIA The TOR for the EIA included but was not limited to the following: Importance of the filling station Proposed filling station-location Neighbouring facilities Environmental degradation likely to arise from the construction activities Risks associated with any fire outbreaks. Environmental risks associated with the Spillage/Leakage of the stored products (impacting soil and groundwater) Environment mitigation and management measures to address the above potential risks, Environmental Management/Monitoring Plan Conclusions and recommendations 13

14 2.0 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK POLICY 2.1 General Overview Environmental Impact Assessment (EIA) as a tool for environmental conservation has been identified as a key component in new project implementation. At the national level, Kenya has put into place necessary legislation that requires EIA to be carried out on every new project, activity or programme. (EMCA, 1999.), and a report submitted to the National Environment Management Authority (NEMA) for approval and issuance of relevant certificates. To facilitate this process, regulations on EIA and environmental audits have been established under the Kenya Gazette Supplement No. 56 of 13th June Besides, a number of other national policies and legal states have been reviewed to enhance environmental sustainability in national development projects across all sectors. Some of the policy and legal provisions are briefly presented in the following sub-sections 2.2 The Environmental Management and Co-ordination Act 1999) This was enacted in 1999 with Presidential Assent given on January 6, 2000 and date of commencement of the Act being January 14, Prior to this Act coming into force, the sectoral laws that were however prevailed upon by the EMCA since its enactment though still in force addressed environmental issues. 2.3 The Environment (Impact Assessment and Audit) Regulations, 2003 On June 13th 2003, the Minister of Environment, Natural Resources and Wildlife promulgated the Environment (Impact Assessment and Audit) regulations 2003 (EIA/EA Regulations) under section 147 of the EMCA. These regulations provide the framework for carrying out EIAs and EAs in Kenya. 2.4 The Occupational Safety and Health Act, 2007 The Act applies to all workplaces where any person is at work, whether temporarily or permanently. The purpose of this Act is to: Secure the safety, health and welfare of persons at work; and Protect persons other than persons at work against risks to safety and health arising out of, or in connection with, the activities of persons at work Safety Fencing of the premises and dangerous work stations should be done. Workers must be trained on personal safety and how to handle equipments and machines. They should be provided with Personal Protective Equipment which should be worn at all times. 14

15 Special precaution against gassing should be laid down for duties in confined spaces where people are liable to be overcome by hazardous fumes. Air receivers and fittings must be of sound quality and should be regularly maintained. There should be a fire risk and disaster preparedness plan clearly spelt out and implemented. Adequate fire Extinguishers should be installed at every pump, in the office, escape route clearly marked and an assembly point provided and marked Health The premises must be kept clean; dusting done daily and separate washrooms (Gents & Ladies) kept clean and in good working conditions and necessary facilities provided. The workstations must be adequately ventilated, with enough light to ensure workers are not subjected to any form of hazards while at work Welfare Part X, 95. Every occupier shall provide and maintain so as to be readily accessible, a first-aid box or cupboard of the prescribed standard. Part II, 11. (1).The occupier of a workplace shall cause a thorough safety and health audit of his workplace to be carried out at least once in every period of twelve months by a safety and health advisor, who shall issue a report of such an audit containing the prescribed particulars to the occupier on payment of a prescribed fee and shall send a copy of the report to the Director. 2.5 The Water Act 2002 Part II section 18 of this Act provides for national monitoring and information systems on water resources. Following on this, sub-section 3 allows the Water Resources Management Authority to demand from any person or institution, specified information, documents, samples or materials on water resources. Under these rules, specific records may require to be kept by the owner of the project and the information thereof furnished to the authority. Section 73 of the Act allows a person with license (licensee) to supply water to make regulations for purposes of protecting against degradation of water sources. Section 75 and sub-section 1 allows the licensee to construct and maintain drains, sewers and other works for intercepting, treating or disposing of any foul water arising or flowing upon land for preventing pollution of water sources within his/her jurisdiction. Section 76 states that no person shall discharge any trade effluent from any trade premises into sewers of a licensee without the consent of the licensee upon application indicating the nature and composition of the effluent, maximum quantity anticipated, flow rate of the effluent and any 15

16 other information deemed necessary. The consent shall be issued on conditions including payment of rates for the discharge as may be provided under section 77 of the same Act. 2.6 The Public Health Act (Cap. 242) Part IX section 115 of the Act states that no person/institution shall cause nuisance or condition liable to be injurious or dangerous to human health. Section 116 requires Local Authorities to take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent occurrence of nuisance or condition liable for injurious or dangerous to human health. Such nuisance or conditions are defined under section 118, waste pipes, sewers, drains or refuse pits in such a state, situated or constructed as in the opinion of the medical officer of health to be offensive or injurious to health. Any noxious matter or waste water flowing or discharged from any premises into a public street or into the gutter or side channel or watercourse, irrigation channel or bed not approved for discharge is also deemed as a nuisance. Other nuisances are accumulation of materials or refuse which in the opinion of the medical officer of health is likely to harbor rats or other vermin. On the responsibility of local authorities, Part XI section 129 of the Act states in part It shall be the duty of every local authority to take all lawful, necessary and reasonably practicable measures for preventing any pollution dangerous to health of any supply of water which the public within its district has a right to use and does use for drinking or domestic purposes. Section 130 provides for making and imposing regulations by the local authorities and others the duty of enforcing rules in respect of prohibiting use of water supply or erection of structures draining filth or noxious matter into water supply as mentioned in section 129. This provision is supplemented by Section 126A that requires local authorities to develop by-laws for controlling and regulating among others private sewers, communication between drains and sewers and between sewers as well as regulating sanitary conveniences in connection to buildings, drainage, cesspools, etc. for reception or disposal of foul matter. Part XII Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids which permits or facilitate the breeding or multiplication of pests shall be deemed nuisances and are liable to be dealt with in the manner provided by this Act. 2.7 The Local Government Act (Cap. 265) Section 160 helps local authorities ensure effective utilization of the sewerage systems. It states in part that municipal authorities have powers to establish and maintain sanitary services for the 16

17 removal and destruction of, or otherwise deal with all kinds of refuse and effluent and where such service is established, compel its use by persons to whom the service is available. However, to protect against illegal connections, section 173 states that any person who, without prior consent in writing from the council, erects a building on; excavate or opens-up; or injures or destroys any sewers, drains or pipes shall be guilty of an offence. Any demolitions and repairs thereof shall be carried out at the expense of the offender. Section 170, allows the right of access to private property at all times by local authorities, its officers and servants for purposes of inspection, maintenance and alteration or repairs of sewers. To ensure sustainability in this regard, the local authority is empowered to make by-laws in respect of all such matters as are necessary or desirable for the maintenance of health, safety and wellbeing of the inhabitants of its area as provided for under section 201 of the Act. The Act under section 176 gives power to the local authority to regulate sewerage and drainage, fix charges for use of sewers and drains and require connecting premises to meet the related costs. According to section 174, any charges so collected shall be deemed to be charges for sanitary services and will be recoverable from the premise owner connected to the facility. Section 264 also requires that all charges due for sewerage, sanitary and refuse removal shall be recovered jointly and severally from the owner and occupier of the premises in respect of which the services were rendered. This in part allows for application of the polluter-pays-principle. 2.8 The Physical Planning Act, 1996 The Local Authorities are empowered under section 29 the Act to reserve and maintain all land planned for open spaces, parks, urban forests and green belts. The same section, therefore, allows for prohibition or control the use and development of land and buildings in the interest of proper and orderly development of an area. Section 30 states that any person who carry out development without development permission will be required to restore the land to it original condition. It also states that NO other licensing authority shall grant license for commercial or industrial use or occupation of any building without a development permission granted by the respective local authority. Finally, section 36 states that if in connection with a development application, local authority is of the opinion that the proposed development activity will have injurious impact on the environment, the applicant shall be required to submit together with the application an environmental impact assessment (EIA) report. EMCA, 1999 echoes the same by requiring that such an EIA is approved by the National Environment Management Authority (NEMA). 17

18 2.9 The Penal Code (Cap. 63) Section 191 of the Penal Code states that any person or institution that voluntarily corrupts or foils water for public springs or reservoirs, rendering it less fit for its ordinary use is guilty of an offence Section 192 of the same act says a person who makes or vitiates the atmosphere in any place to make it noxious to health of persons/institution in dwellings or business premises in the neighbourhood or those passing along public way, commit an offence Energy Act, 2006 In 2006, the Energy Act No. 12 of 2006 was enacted. This led to the transformation of the then Electricity Regulatory Board to the Energy Regulatory Commission (ERC) to also regulate petroleum and renewable energy sectors in addition to electricity. The Act states in Section 5(a) (ii) that the objects and functions of ERC include regulating the importation, exportation, transportation, refining, storage and sale of petroleum and petroleum products. Therefore one of the functions of the ERC is licensing of petroleum import, export, transport, storage, refining and sale. Construction Permits are also to be issued by ERC for all petroleum related facilities in order to check proliferation of substandard sites. All petroleum operators are required to comply with provisions for Environment Health and Safety. Petroleum products should also meet the relevant Kenya Standards Work Injury Benefits Act, 2007 This provides for compensation to employees for work related injuries and diseases contracted in the course of employment. The proponent must comply with the provisions of this legislation with regard to the above Act at the proposed premises Local Government Act CAP 265 The sections of the Local Government Act that are relevant to this project include making bylaws in respect of suppression of nuisances, imposing fees for any license or permit issued in respect of trade or charges for any services. Local authorities are given power to control or prohibit all developments which, by reason of smoke, fumes, chemicals, gases, dust, smell, noise, vibration or other cause, may be or become a source of danger, discomfort or annoyance to the neighbourhoods, and to prescribe the conditions subject to which such developments shall be carried on The Way Leave Act The areas zoned for communication lines, sewer lines, power lines, water pipes etc are known as way leaves. The way leave Act prohibits development of any kind in these designated areas. Thus any developer is bound by this Act to see to it that no development takes place in these areas. The proposed project will not encroach on any way leave and will leave the required space for such services. 18

19 Section 214 of the by law requires that any public building where the floor is more than 20 feet above the ground level should be provided with fire fighting equipment that may include one or more of the following hydrants, hose reels and fire appliances, external conations portable fire appliances, water storage tanks, dry risers, sprinkler, drencher and water spray spring protector system Weights and Measures Act, Cap 513 The above named Act mandates the Weights and Measures Department to annually certify the mechanical pumps and dispensers in order to ensure that they are properly calibrated to dispense the right amounts of the petroleum products. During the certification exercise, the measuring mechanisms inside the pumps are sealed with a seal-mark of quality assurance. The Weights and Measures Department issues a Certificate of Verification for all the mechanical pumps which is usually valid for 1 year The Constitution of Kenya, 2010 The Constitution is the supreme law of the Republic and binds all persons and all State organs at all levels of government. Kenyans passed a new constitution in a referendum held on 4 August 2010, and the State promulgated it on the 27th September 2010 into Law. It repealed the older version drafted and at Lancaster, United Kingdom, in The Constitution of Kenya, 2010 provides the broad framework regulating all existence and development aspects of interest to the people of Kenya, and along which all national and sectoral legislative documents are drawn. In relation to the environment, article 42 of chapter four, The Bill Of Rights, confers to every person the right to a clean and healthy environment, which includes the right to have the environment protected for the benefit of present and future generations through legislative measures, particularly those contemplated in Article 69, and to have obligations relating to the environment fulfilled under Article 70. Chapter 5 of the document provides the main pillars on which the 77 environmental statutes are hinged. Part 1 of the chapter dwells on land, outlining the principles informing land policy, land classification as well as land use and property. The second part of this chapter directs focus on the environment and natural resources. It provides a clear outline of the state s obligation with respect to the environment, thus; 19

20 The state shall Ensure sustainable exploitation, utilization, management and conservation of the environment and natural resources, and ensure the equitable sharing of the accruing benefits; Work to achieve and maintain a tree cover of at least ten per cent of the land area of Kenya; Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; Encourage public participation in the management, protection and conservation of the environment; Protect genetic resources and biological diversity; Establish systems of environmental impact assessment, environmental audit and monitoring of the environment; Eliminate processes and activities that are likely to endanger the environment; and Utilise the environment and natural resources for the benefit of the people of Kenya. There are further provisions on enforcement of environmental rights as well as establishment of legislation relating to the environment in accordance to the guidelines provided in this chapter. In conformity with the Constitution of Kenya, 2010, every activity or project undertaken within the republic must be in tandem with the state s vision for the national environment as well as adherence to the right of every individual to a clean and healthy environment. The station being audited utilizes sensitive components of the physical and natural environment hence need for a clearly spelt out environmental management plan to curb probable adverse effects to the environment. 20

21 3.0 PROJECT BASELINE INFORMATION 3.1 Project Location The project site is located on Plot L.R No MAKINDU/KIBOKO B/687 situated along the Nairobi Mombasa road, in Kiboko area, within the Makueni County. The proponent is in the process of commencing construction after NEMA approval Existing development on site The proposed site for the project is currently vacant; there are no existing structures on site that would require demolition exercises. Plots within the vicinity of the proposed project site are not yet developed in terms of structures put up though; the plots are mostly occupied in farming activities. 3.2 Socio-Economic Factors Labour force The labour force, comprising the population aged years was 339,562 in Out of these, 170,573 were males and 168,992 were females. The labour force is projected to increase to 436,883 persons by the year The labour force is the most hit by the HIV/AIDS epidemic Poverty Analysis Poverty is a major development challenge in the district. The poor constitute about 73.5 per cent of the total population. A major effect of poverty is the high rate of school dropouts, as parents cannot meet the education costs. The poor are vulnerable to nutrition related illnesses and respiratory infections due to poor shelter. Young girls are forced into early marriages and therefore denied access to education Demographic and Population Makueni district had a population of 771,545 people in 1999 and was projected to reach by 2002 and 974,375 by The district is sparsely populated except for Kilungu and Mbooni divisions. The highest concentration of the population is in hilly areas which have natural resource potential. Most of the people are in settlement schemes. In addition there is higher concentration in upcoming urban centers and towns. 21

22 3.2.4 Settlement Pattern Settlement pattern: Subsistence farming has been the traditional mode of life, practiced on land that was communally owned. However this lifestyle has undergone changes due to land adjudication and subdivision to individual land tenure system. This has increased the rate of land sells thus opening immigration especially in the relatively high agricultural potential areas of the county to farming communities from other parts of the country. The counties proximity to Nairobi has attracted a lot of immigrants. This has put pressure in areas. Land which has had hitherto been high potential for agricultural production has been diverted to residential or commercial purposes. The sale of land in high and medium areas has pushed the local people to drier parts of the county. Urban centres have experienced rapid population growth due to rural-urban migration causing high population densities 3.3 Physical Environment Climate Rainfall Makueni County receives an annual rainfall of about mm per year. The long rains are received between October and December, while short rains are usually received in August. However, this is very variable due to the effects of climate change and global warming Makueni County that hosts this project, in Makindu has an altitude of between 600 and 1900 meters and this contributes to warm temperature experienced in the county throughout the year. The geographic coordinates of the project area, Makindu are S, E. (Latitude: ; ) Temperature Temperatures in the county vary with the attitude. In the hilly upper part the temperatures are cool while the low lands are relatively hot. The temperatures range between 20.2degrees to24.6 degrees Celsius. The temperatures in the low land lying areas cause high evaporation rates as a result rainfall quantities hardly exceed the evapotranspiration levels which cause the aridity conditions Geology and Soils The area is under laid with basement rock system. They are represented in the area by stratified succession of originally sedimentary rocks all of which have metamorphosed and granitized. Other rock types are derived from lavas and volcanic fragment rocks. This type of rock is porous in nature and percolation of pollutants to ground water is potential. 22

23 There three distinct soil types in the county. Red clay soils which occur in the hills and some parts of the lowlands The sandy soils which mainly occur in the central parts of the county, where the project is located, however most of the site has loam/red soils Black cotton soils found mainly in southern parts of the county Drainage and Hydrology The county is mainly drained by river Athi and its tributaries which include Thwake, Kaiti, Kikuu, Kiboko, Kambu and Mtito- Andei. The source of the river Athi and its tributaries are in Athi and Kapiti plains where numerous seasonal swamps and a number of permanent swamps are found. The area experiences water logging and impended drainage due to occasional heavy rains. Kaiti originates from Kilungu hills and serves the area where the project is located. 3.4 Biological Environment Generally, the area is in a region of fair rainfall with no rich agricultural areas. Crawling animals and insects had dominated the fauna. However all the flora and fauna has now been interfered with by human activities. Fauna: There is not much of wildlife in the area as most of it is an old settlement scheme. The only kind of animals is small ungulates like dikdiks, squirrels and other crawling animals and insects commonly found in areas with long history of settlement Flora: The area is dotted with occasional acacia trees and bushy vegetation on the edges of farms and homesteads with a few typical remnants of grasslands in the background. 3.5 Air Pollution The project site is at a safe distance from other commercial centres. There is absence or minimal pollutants in the air and the ambient air is relatively clean. It is expected that at the construction stage of the project, dust emission from the construction related works may spoil the ambient air quality but slightly and temporary. 3.6 Site Infrastructure Sewer system The project will be connected to sewer line 23

24 3.6.2 Road network The station shall be located along the Nairobi Mombasa Highway at Makindu area Electricity The town is well served with electricity from the Kenya power. The filling station shall have a standby generator in case of power blackout Telephone The area is well served with telephone network from all the major providers in Kenya including Safaricom, Airtel, Yu, Orange and Telkom. 24

25 4.0 PROJECT DESCRIPTION 4.1 Introduction The project proponent, one Mr. Lawrence M. Mwania has had the intention of starting a business in the petroleum industry since early last year when he commenced a process of procuring the land for the project, the said PLOT No MAKINDU/KIBOKO B/687. The proponent intends to secure a loan to facilitate the establishment of this project once the project has been approved by NEMA and subsequent license issued. 4.2 Justification of the project The project is meant to stimulate economic and social development of our country through meeting the high demand of petroleum products in the country and also to meet proponent s economic desires. The project area is along a main road therefore suitable for such project hence there will be no land-use conflict. It is therefore hoped that once the project is implemented, the proponent s goal to stimulate economic and social development of our country and its own economic goals through meeting the high demand of oil products will be achieved. 4.3 Project Alternatives Project Alternatives The following alternatives to the project were considered and outlined below: No Project option This alternative would mean that the project does not proceed Advantages Air pollution from dust as a result of the construction will not occur because besides being a wet season, the project will majorly involve light excavation and no other activity. There would not be soil compaction as a result of heavy machinery use There will be a reduction of soil erosion due to less loosening of surface soil. There would be no soil or water contamination Disadvantages There will be no creation of employment There will be no secondary development as a result of the project The value of land might improve but it will remain underdevelopment 25

26 The expected income in the form of profits to the developer and in the form of taxes to the government will not be realized Relocation alternative Relocation option to a different site is an option available for the project implementation. At the moment, there are no alternative sites for the proposed development (i.e. the project proponent do not have an alternative site). This means that the proponent has to look for the land if relocation is proposed. Looking for the land to accommodate the project and completing official transaction on it may take a long period. In addition, it is not guaranteed that such land would be available and at a strategic position like the already identified area. Comparison of alternatives Under the NO Action alternatives, no development would be allowed on said plot and therefore there would neither be benefits from the project nor the insignificant affects. Under the project development alternatives, the project would create temporary employment for contractors. Provided the mitigation measures are implemented, including construction and best management practices, insignificant impacts on soils and water quality are anticipated. Commitments associated with this alternative would ensure that potential impacts are avoided or reduced to levels of insignificance. 4.4 Operation and Processes This project will have its core business revolving on the retailing of diesel and petrol to motorist along the Baringo road, most of which are public service matatus. The proposed operations and processes of the station are as follows: Procurement, receipt of refined petroleum product Diesel/petrol. Offloading of the petroleum product Storage of the petroleum in the under ground storage tank. Dispensing of fuel to motorists. 4.5 Project Design The EIA study report is based on information and consultations with the proponent, design Engineers and the general public. Main components of the proposed project shall include: The canopy over pumps(fore court) 26