ENVIRONMENTAL LITERACY

LO 1: CONTROL ENVIRONMENTAL HAZARD

This learning outcome helps trainees understand, purposes and content of Environmental
Management and Coordination Act 1999, purposes and content of Solid Waste Act, storage
methods for environmentally hazardous materials, disposal methods of hazardous wastes,
types and uses of PPE in line with environmental regulations, occupational Safety and Health
Standards (OSHS)
ENVIRONMENTAL MANAGEMENT AND COORDINATION ACT 1999
An Act of Parliament to provide for the establishment of an appropriate legal and institutional
framework for the management of the environment and for matters connected therewith and
incidental thereto.
GENERAL PRINCIPLES
Entitlement to a clean and healthy environment
(1) Every person in Kenya is entitled to a clean and healthy environment and has the duty to
safeguard and enhance the environment.
(2) The entitlement to a clean and healthy environment under subsection (1) includes the
access by any person in Kenya to the various public elements or segments of the environment
for recreational, educational, health, spiritual and cultural purposes.
(3) If a person alleges that the entitlement conferred under subsection (1) has been, is being
or is likely to be contravened in relation to him, then without prejudice to any other action
with respect to the same matter which is lawfully available, that person may apply to the
High Court for redress and the High Court may make such orders, issue such writs or give
such directions as it may deem appropriate to—
(a) prevent, stop or discontinue any act or omission deleterious to the environment;
(b) compel any public officer to take measures to prevent or discontinue any act or omission
deleterious to the environment;
(c) require that any on-going activity be subjected to an environment audit in accordance with
the provisions of this Act;
(d) compel the persons responsible for the environmental degradation to restore the degraded
environment as far as practicable to its immediate condition prior to the damage; and
(e) provide compensation for any victim of pollution and the cost of beneficial uses lost as a
result of an act of pollution and other losses that are connected with or incidental to the
foregoing
(Read EMCA 1999 for more insight)
National Environment Management Authority
NEMA is established under the Environmental Management and Coordination Act No. 8 of
1999 (EMCA) as the principal instrument of Government for the implementation of all
policies relating to environment.
Mandate of NEMA
The objects and purpose for which NEMA is established under EMCA is twofold: to ensure
sustainable management of the environment through exercising general supervision and
coordination over matters relating to the environment and; to be the principal instrument of
the government in the implementation of all policies relating to the environment.
Functions of the Authority
i. Coordinating environmental management activities being undertaken by the lead
agencies
ii. Taking stock of the natural resources
iii. Advising on land use planning
iv. Undertaking research, investigation and surveys in the field of environment and
disseminating information on the findings
v. Mobilizing and monitoring the use of financial and human resources for
environmental management
vi. Enforcing environmental standards
vii. Undertaking environmental education, public awareness and public participation
programmes;
viii. developing, publishing and disseminating manuals, codes or guidelines relating to
environmental management
ix. Preparing the state of the environment report a
x. Development and implementation of the national environment action plan

1.2 SUSTAINABLE WASTE MANAGEMENT ACT 2022

An Act of Parliament to establish the legal and institutional framework for the sustainable
management of waste; ensure the realization of the constitutional provision on the right to a
clean and healthy environment and for connected purposes.
Objects of the Act
The objects of this Act shall be to—
(a) promote sustainable waste management;
(b) improve the health of all Kenyans by ensuring a clean and healthy environment;
(c) reduce air, land, fresh water and marine pollution;
(d) promote and ensure the effective delivery of waste services;
(e) create an enabling environment for employment in the green economy in waste
management, recycling and recovery;
(f) establish an environmentally sound infrastructure and system for sustainable waste
management;
(g) promote circular economy practices for green growth;
(h) mainstream resource efficiency principles in sustainable consumption and production
practices; and
(i) inculcate responsible public behavior on waste and environment.
4. General principles
The general principles of this Act are—
(a) promoting the right to a clean and healthy environment;
(b) the precautionary principle where the lack of scientific certainty shall not be used to
postpone measures to prevent environmental degradation where there are threats of damage
to the environment;
(c) the polluter pays principle in which the cost of cleaning up any element of the
environment that has been damaged by pollution, the cost of the beneficial uses of the
environment that have been lost as a result of the pollution, and any other costs associated
with or incidental to the pollution shall be paid by the polluter;
(d) payment for ecosystem services or payment for ecological services in which payments are
made to farmers or landowners who have agreed to take certain actions to manage land or
watersheds in order to provide ecological services as an incentive to conserve natural
resources;
(e) zero waste principle in which products and processes are designed and managed to reduce
the volume and toxicity of waste and materials, and to conserve and recover all resources,
and to prevent the burning or burying of resources, in order to treat waste as a resource that
can be harnessed for wealth creation, employment and the reduction of pollution; and
NOTE: Read the act for more insight
1.1 Storage methods for environmentally hazardous materials are strictly followed
according to environmental regulations and OSHS
Environmentally hazardous material are items or agents (chemical. biological, physical
or/and radiological) that potentially have the ability to cause harm to the surroundings. The
control of environmentally hazardous materials in Kenya is governed by the National
Environment Management Authority (NEMA) under the Kenyan Constitution. NEMA was
formed by an act of parliament in May 1996, starting operations in July 2002, serving as the
national body to implement environmental policies within Kenya across all sectors. In
addition, it is also tasked with supervising and coordinating environmental activities. NEMA
is able to enforce its roles and responsibilities using environmental Management and Co-
ordination Act (EMCA), the law framework on environmental management and conservation
in Kenya. The principal act of 1999 was amended in 2015 in accordance with the 2010
constitution. EMCA is thus tasked with the management of environmentally hazardous
substances and waste shall not be imported into Kenya without the authority, (NEMA)
issuing a valid permit. Hazardous materials under the globally harmonized Systems are
categorized into three classes:
 Health Hazards
 Physical Hazards
 Environmental Hazards
These classes are further classified into different categories. In line with our topic focus,
environmental hazards are divided into:
 Acute
 Aquatic Toxicity
 Chronic Aquatic Toxicity.

Storage methods for environmentally hazardous materials must follow the below procedures
according to Occupational Safety and Health Standard (OSHS):
i. Follow all the storage instructions on the product label. Storage requirements vary
based on the material’s hazardous properties.
ii. Be sure to store all volatile products in well ventilated areas. Fumes can be toxic to
living things, both plants and animals.
iii. Make certain you store flammable products in the recommended temperature range.
The container will expand if you store them in too high temperatures. In too low
temperatures, liquid materials will expand, freeze and burst if you store them
iv. Keep all hazardous materials out of children’s reach and away from all animals. This
can be done through:
 Covering materials with safety lids whenever possible
 Putting all hazardous materials stared behind locked doors.
v. Use the original container to store the hazardous material.
vi. Reduce the amount of hazardous materials you keep in storage. Buy only the amount
required for your task.
vii. Do regular maintenance of storage areas. Regular clean-ups and inspections of
storage areas.
viii. Storage methods for environmentally hazardous materials can be resolved by
answering four questions.
i. What materials are being stored? Understanding the properties of a hazardous
material is paramount. Be it physical or chemical or biological properties. The
material being stored may be incompatible with some conditions and/or substances.
For example, flammable liquids should not be stored with an oxidizing agent.
ii. Why is the material being stored? Ways should be developed to either use less
hazardous materials or reduce the quantity of materials stored?
iii. Where is the material being stored? Ensure that storage is clearly defined as
permanent, temporary or transient location?
 iv. How is the material being stored? It reviews local, state and federal regulations and
the manufacture’s specifications? What type of container? Is also answered here.

Storage Methods
In Environmental Health Requirements, materials should be stored in a manner that does not
harm or threaten human health or the environment. It is in line with this, that storage methods
of environmentally hazardous materials are considered. These methods are;
Storing in tanks and containers.
Containers are portable whereas tanks are stationary. Tanks and containers chosen for storage
should meet the following criteria:
 Good condition
 Closed/sealed
 Chemically compatible
 Impervious surface
 No floor drains
 Under cover, if outside

Container Management involves;

 Can only accumulate in containers and tanks (criteria for container choice)
 Inspection logo
 Adequate aisle space-Not less than an adjacent distance of two feet.
 Container/Tank marking
 Storage time=be less than 90 days.
 Outdoor security measures such as controlled entry and barrier creation

Onsite waste storage facilities

They include open waste piles and ponds. Must be constructed over an impervious base and
be in compliance with regulatory requirements. The pile must be protected from weather
conditions such as wind, rain and direct sunshine. Used to store temporary hazardous waste
before disposal.

Open pit or holding pond (lagoon)

Used to store temporary hazardous liquid waste. Lagoons must be lined with impervious soils
and ground water must be protected by flexible membrane liners.

1.2 Disposal methods of hazardous waste are followed according to environmental

regulations and OSHS
Disposal methods of hazardous waste
Disposal of hazardous waste is governed and overseen by NEMA. The major guideline under
which NEMA enforces its mandate is the Environmental Management and Coordination Act
(EMCA). Just as storage methods, disposal methods of hazardous waste can be resolved by
answering the following four questions:
 What waste is being disposed? All properties (chemical, physical and biological) of
the waste must be put into consideration.
  Why is the waste being disposed? Some materials may be marked for disposal yet
they may be useful for another function though not the one originally purchased for?
 Where is the waste disposal taking place: The waste can be disposed far away from
human and animal settlement? If it is a specific area, then certain regulations must be
adhered to. Different counties or states have different policies and legislations of
hazard waste disposal
 How is the waste being disposed? It involves reviewing local, state and federal
regulations and the manufacturer’s specifications.

Disposal Methods
a) Incineration
This involves burning the substance in high temperatures. Incineration destroys and
terminates most of the waste. This method is beneficial as flammable waste can also be used
as energy sources when burned. The backside that comes with incineration is the release of
toxic gases to the environment. This has however been solved by the current technology
which has developed more efficient incinerator units that limit the amount of emissions
released.

b) Recycling
E-waste is mostly disposed in the form. For example, part of a dead phone or computer
maybe used to fix a broken-down phone or computer.

c) Landfill disposal
This technique involves storing solid hazardous waste into the ground. Landfills for
hazardous wastes are lined with a double layered non-porous material such as clay to inhibit
leaching. After dumping, the landfills are covered to prohibit animals such as rodents and
insects from entering. Unfortunately, this method occupies a huge space.

d) Dumping at sea
Hazardous waste is deposited into the deep sea after treatment to minimize its impact on
ground water sources. This method however is currently under heavy scrutiny or even banned
around the world to preserve the blue economy.

e) Underground disposal
Termed to be the most ideal and economical for radioactive waste. It is only conducted on
inhabitable lands such as inactive mines which must meet a particular geological and
technical criterion. It involves injecting the hazardous waste deep into the ground. They are
also referred to as injection wells. The hazardous waste that can use this method include
medical treatments, brine from mining of radioactive ores and the production of nuclear fuel.

1.3 PPE (masks, gloves, goggles, safety hat, overall, hearing protector) usage according
to OSHS
Personal Protective Equipment.
Personal Protective Equipment (PPE) is protective clothing or garments or instruments
designed to protect the body of the wearer from hazards that may cause injury or infection. It
should be noted that PPE does not eliminate the hazard or danger at the source but rather
protects the wearer’s body in case the hazard happens, that is, an accident happens. PPE are
provided under the Occupational Safety and Health Standards (OSHS). OSHS are formulated
guidelines that safeguard an employee’s economic and social well-being as well as his/her
physical health and safety. OSHS strives to foster a healthy working environment. OSHS in
Kenya is guided by the Occupational Safety and Health Act (OSHA) 2007 and implemented
by the Directorate of Occupational Safety and Health Services (DOSHS). OSHS provides for
PPE in any working environment to reduce risk of harm or injury. OSHS requires PPE to be
offered to employees free of charge. PPE must be carefully chosen and training offered to
employees on how to use them properly and know how to detect and report any damages.
When selecting and using PPE, the following should be considered;
 Who and what is exposed?
 Duration of exposure
 Extent of exposure

Types of PPE
i. Eyes: Safety spectacles, face screens, goggles, face shields, visions: Hazards include
dust, metal or chemical splash, radiation, gas and vapour.
ii. Head and Neck: Bump caps, helmets. Hazards include impact from falling or flying
objects, risk of head bumping, drips, splashes.
iii. Ears: Ear muffs, earplugs, semi-insert/canal caps. Hazards include noise (combines
duration, intensity and exposure time)
iv. Hands and arms: Gloves and gauntlets. Hazards include cuts, punctures, abrasion,
electric shock, radiation, extreme temperatures.
v. Feet and legs: Safety books. Hazards include slipping, cuts, punctures, falling objects,
splashes, vehicles.
vi. Lungs: Respiratory Protective Equipment (RPE). Hazards include toxic gases, dust
vii. Whole body: Overalls (Conventional and disposable), boiler suits, aprons. Hazards
include heat, splashes, sprays, impact, entanglement of own clothing.

Conclusion
At the end of this learning outcome, the trainee should have learnt; how EMCA regulates
storage and disposal of environmentally hazardous materials, classification of hazardous
materials and waste to know how best to store and dispose them. The trainee should be able
to know what OSHS entails and how it is used to perform its roles. The trainee should able to
provide PPE for various working environment in accordance with OSHS and environmental
regulations.