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Environmental Impact Assessment Study Report, 2013
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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 142 – 00241
KITENGELA, KENYA
UPGRADED EIA REPORT REF. No 11,233
SEPTEMBER, 2013
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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, 2003.
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. 5103
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 142 - 00241
Kitengela, Kenya
Signed: _____________________
Signed on: ____________ day of: _________ 2013
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LIST OF ACRONYMS
BOD Biological Oxygen Demand
COD Chemical Oxygen Demand
EHS Environmental Health and Safety
EIA Environmental Impact Assessment
EMCA Environmental Management Coordination Act
EMP Environmental Management Plan
ERPs Emergence Response plans
IEA Initial Environmental Audit
NEMA National Environmental management Authority
OHS Occupational Health and Safety
PH Power of Hydrogen
PMS Petroleum Motor Spirit (Premium Gasoline)
PPE Personal Protective Equipment
RMS Regular Motor Spirit ( Regular)
SEM Sustainable Environmental Management
SS Suspended Solids
ULG Unleaded Gasoline
UPSS Underground Petroleum Storage System
UST Underground Storage Tank
WCC Waste Collection Centre
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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
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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, 1999.
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.
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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 Proposed Mitigation Measures
Impact on excavated soil Control construction especially during wet/rainy conditions
Landscaping
Compact loose properly
Dispose excavated loose properly
Compromising Safety and
health of workers, neighbours
pedestrians and visitors
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.
Traffic and Transport Impacts 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.
Increased Human Activities –
Increased Solid Waste
Generation
Place litterbins at the site.
Ensure that there are elaborate programmes of waste removal
frequently.
Waste generated should be contained appropriate.
Impact on air quality Wet or cover dust generating activities.
Provide PPE to the workers.
Switch off vehicle engine and machinery when not in use.
Environmental concern during
the construction phase
Proponent will liaise with the environmental consultants
throughout the construction phase.
Noise and vibration levels Use of manual labour.
Noise assessment should be done.
Use of PPE.
Work with machinery should be limited today time only.
Solid waste generation 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.
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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.
Emergency preparedness 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).
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TABLE OF CONTENTS
DECLARATION......................................................................................................................................... 2
LIST OF ACRONYMS .............................................................................................................................. 3
EXECUTIVE SUMMARY ........................................................................................................................ 4
TABLE OF CONTENTS ........................................................................................................................... 8
1.0 INTRODUCTION ......................................................................................................................... 10
1.1 PETROLEUM INDUSTRY IN KENYA .............................................................................................. 10
1.2 ENVIRONMENTAL IMPACTS OF THE PETROLEUM INDUSTRY ...................................................... 11
1.3 TERMS OF REFERENCE (TOR) FOR THE EIA ............................................................................... 13
2.0 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK POLICY ............................. 14
2.1 GENERAL OVERVIEW .................................................................................................................. 14
2.2 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT 1999) .................................. 14
2.3 THE ENVIRONMENT (IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2003 ......................... 14
2.4 THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2007.............................................................. 14
2.5 THE WATER ACT 2002 ................................................................................................................ 15
2.6 THE PUBLIC HEALTH ACT (CAP. 242)......................................................................................... 16
2.7 THE LOCAL GOVERNMENT ACT (CAP. 265) ............................................................................... 16
2.8 THE PHYSICAL PLANNING ACT, 1996 ......................................................................................... 17
2.9 THE PENAL CODE (CAP. 63) ........................................................................................................ 18
2.10 ENERGY ACT, 2006 ..................................................................................................................... 18
2.11 WORK INJURY BENEFITS ACT, 2007 ........................................................................................... 18
2.12 LOCAL GOVERNMENT ACT CAP 265 .......................................................................................... 18
2.13 THE WAY LEAVE ACT ................................................................................................................. 18
2.14 WEIGHTS AND MEASURES ACT, CAP 513 ................................................................................... 19
2.15 THE CONSTITUTION OF KENYA, 2010 ......................................................................................... 19
3.0 PROJECT BASELINE INFORMATION .................................................................................. 21
3.1 PROJECT LOCATION .................................................................................................................... 21
3.2 SOCIO-ECONOMIC FACTORS ....................................................................................................... 21
3.3 PHYSICAL ENVIRONMENT ........................................................................................................... 22
3.4 BIOLOGICAL ENVIRONMENT ....................................................................................................... 23
3.5 AIR POLLUTION ........................................................................................................................... 23
3.6 SITE INFRASTRUCTURE ............................................................................................................... 23
4.0 PROJECT DESCRIPTION ......................................................................................................... 25
4.1 INTRODUCTION ............................................................................................................................ 25
4.2 JUSTIFICATION OF THE PROJECT .................................................................................................. 25
4.3 PROJECT ALTERNATIVES............................................................................................................. 25
4.4 OPERATION AND PROCESSES ...................................................................................................... 26
4.5 PROJECT DESIGN ......................................................................................................................... 26
4.6 DESCRIPTION OF THE PROJECT’S CONSTRUCTION ACTIVITIES ................................................... 30
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4.7 DESCRIPTION OF THE PROJECT’S OPERATIONAL ACTIVITIES....................................................... 31
4.8 SIZE AND MAGNITUDE OF THE PROJECT ..................................................................................... 32
4.9 THE PROJECT SCHEDULE ............................................................................................................ 32
4.10 ESTIMATED PROJECT COST ......................................................................................................... 32
5.0 ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ..................................... 33
5.1 POSITIVE IMPACTS ...................................................................................................................... 33
5.2 ADVERSE IMPACTS AND MITIGATION .......................................................................................... 33
5. 3 OPERATION PHASE ...................................................................................................................... 39
5.4 DECOMMISSIONING ..................................................................................................................... 39
5.5 WORKING CONDITIONS ............................................................................................................... 39
5.6 PUBLIC CONSULTATIONS ............................................................................................................. 39
6.0 FURTHER RECOMMENDED MITIGATION MEASURES ................................................. 41
6.1 GENERAL OVERVIEW .................................................................................................................. 41
6.2 PLANNING AND DESIGN. ............................................................................................................. 41
6.3 OPERATIONS AND MAINTENANCE .............................................................................................. 42
7.0.0 PROJECT DECOMMISSIONING ............................................................................................. 49
7.1 REMOVAL/REPLACEMENT OF FUEL TANK ................................................................................... 49
7.2 DESCRIPTION OF THE PROJECT’S DECOMMISSIONING ACTIVITIES .............................................. 50
8. 0 ENVIRONMENTAL MANAGEMENT PLAN FRAMEWORK ............................................. 51
PROPOSED EMERGENCY RESPONSE PLAN ................................................................................. 62
10.0 REFERENCES .............................................................................................................................. 63
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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
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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
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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 CO2 (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 CO2. 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
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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
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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 2003. 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, 2000. 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.
2.4.1 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.
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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.
2.4.2 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.
2.4.3 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
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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
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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).
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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.
2.10 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.
2.11 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.
2.12 Local Government Act CAP 265
The sections of the Local Government Act that are relevant to this project include making by-
laws 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.
2.13 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.
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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.
2.14 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.
2.15 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 1964. 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;
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“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.
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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.
3.1.1 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
3.2.1 Labour force
The labour force, comprising the population aged 15-64 years was 339,562 in 1999. 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 2008. The labour force is the most hit by the HIV/AIDS epidemic.
3.2.2 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.
3.2.3 Demographic and Population
Makueni district had a population of 771,545 people in 1999 and was projected to reach 839155
by 2002 and 974,375 by 2008. 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.
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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
3.3.1 Climate
Rainfall
Makueni County receives an annual rainfall of about 150 – 650mm 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 20
16’ 30.00”S, 370
49’ 12.00” E.
(Latitude: - 2.275000; 37.820000)
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
3.3.2 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.
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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
3.3.3 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
3.6.1 Sewer system
The project will be connected to sewer line
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3.6.2 Road network
The station shall be located along the Nairobi – Mombasa Highway at Makindu area
3.6.3 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.
3.6.4 Telephone
The area is well served with telephone network from all the major providers in Kenya including
Safaricom, Airtel, Yu, Orange and Telkom.
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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
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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)
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Underground oil storage tanks and breathers
1 Storey building- Offices/convenient store
Drive ways: walkways; acceleration and deceleration lanes; and parking areas
Oil/water interceptor
Generator/compressor room
Service bay
Washrooms
4.4.1 Design of Tank Installation
Underground Storage Tanks (UST)
The tanks are manufactured from coated steel. These are called composite tanks. The manhole
section is fitted with a overfill protection device and self contained manhole which is impervious
to hydrocarbon and is sealed to prevent contamination to the surrounding environment. The
materials used to make the tanks are corrosive free metals. A documented leak monitoring
system will be put in place.
Secondary Containment Fuel Systems
Secondary containment fuel systems will be installed including tank gauging. The secondary
containment system encloses all primary fuel hoses and connections, isolating the system
completely from the environment i.e. ‘a pipe within a pipe’.
Underground Piping System
The proponent shall use co-axial polyethylene piping with fusion welded couplings terminated
on either end with rubber boots within the pump and tank sumps. No joins are made between the
tank and the pump thereby ensuring that if a leak occurs it is contained within the sumps. The
piping is doubled walled and laid at a fall of 1:100 back to the tank, ensuring that if a breakage
occurs in the inner skin, the fuel will run back to the tank containment sump where it is able to
be removed.
Tank Farm
The tank farm is the area of the filling station where the tanks that contain the relevant fuels are
stored. These tanks are stored underground and are therefore referred to as USTs. When
installing the USTs to assemble the tank farm, the proponent will utilize the latest technology,
both in the manufacturing and installation process. The USTs are manufactured from mild steel
and are coated with GRP on the exterior. These tanks are called Composite tanks. SANS 1535
and Underwriters Laboratories (UL) standards govern the manufacturing standards. A self
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contained manhole, which is impervious to hydrocarbons, is fitted to the tank and is sealed to
prevent contamination to the surrounding environment. Monitoring wells are also fitted to each
end of the tank to allow for continued ground water sampling.
Leak Monitoring Wells
Before back-filling of the tank farm takes place, leak monitoring wells (i.e. high density
polyethylene slotted/perforated pipes with a 160mm outside diameter, wrapped in a porous
geotextile, or ABS (acrylonitrile-butadiene-styrene) single-walled wedge-slot tubular screens)
will be installed in each corner of the excavation. A minimum of four wells will be installed to a
depth of 500mm below the floor of the excavation. If the soil at the bottom of the excavation is
of a sandy nature, the observation wells will be taken down an additional depth of 500mm below
the floor of the excavation. A minimum of one well should be installed at each corner of the
excavation.
Tank Gauging System
Tank gauging is a complete fuel management system. The purpose of the fuel management
system is to provide leak detection and reconciliation services for filling stations, thus allowing
for early leak detection and system monitoring of the tanks. The sophisticated system very
accurately monitors (up to 16 tanks and 64 sensors) all sales and deliveries relevant to the filling
station, which then in turn determines if any losses in product has occurred. An alarm is
incorporated into the system for the purpose of environmental monitoring, which is not only
beneficial to the surrounding environmental elements, but facilitates the proponent in
maintaining up-to date quantity and quality reports for record keeping purposes.
Soil and ground/surface water analysis will be done for total Hydrocarbon (TPH),
Polycyclic Aromatic Hydrocarbon (PAH) and BTEX analysis
Soil and water samples will be collected randomly from the petrol station once per annum it
starts operating. The samples will be taken in NEMA approved laboratories for analysis. TPH
will be estimated gravimetrically following standard methods of TPH analysis, while the heavy
metals will also be determined.
Groundwater monitoring
Groundwater monitoring should be undertaken annually (once per year) where groundwater
monitoring wells is installed. Groundwater monitoring bores should be sampled and analyzed; all
analysis for organic and inorganic substances must be done for total concentrations. That is; pH,
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Total Petroleum Hydrocarbons, BTEX (Total) Benzene Toluene Ethyl Benzene Xylene, and
Lead. An exceedance of the groundwater parameters may indicate a leak.
Oil/Water Interceptor
A chamber oil/water interceptor will be constructed at the filling station. The interceptor will be
constructed out of reinforced concrete walls and floor and plastered internally with waterproof
cement. A vent pipe from each chamber will be installed within the interceptor to allow for
fugitive emissions to escape.
Oil Tank: for used oil
The provision for used oil tank shall be made on a concrete plinth. The plinth will have a retainer
wall around it that will be able to contain the net contents of the used oil tank. The concrete
plinth will be sloped towards a sump whose drainage will be connected to the oil interceptor
tank/chamber for treatment of a potentially contaminated wastewater.
4.4.2 Forecourt Areas and Spillage Drainage
All service areas on the forecourt service area, as well as the refueling area, will be constructed
from concrete to form an impervious surface. Surfaces will be sloped to falls, and led to a
spillage containment system, where the contamination is able to be removed without entering the
sewage or storm water system or contaminating any surrounding soil
4.4.3 Fire Protection; Emergency Response
Fire extinguishers will be installed and fire incident management and control measures will be
instituted, which will include provision of sand buckets, warning signs such as “NO SMOKING”
signs, etc, which must be posted within the operation area and where they can easily be seen.
The fire fighting equipment will be located strategically within the proposed project. The
electrical system at the service station will be connected to a centrally located emergency stop
switch to enhance power control in the event of an emergence i.e. switch will shut off the
electrical power of the entire project.
4.4.4 Steel Canopy over Pump Island
A structural steel canopy will be fabricated and erected at the proposed project. This canopy will
be designed by a qualified structural engineer and fabricated/installed by a specialist.
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4.4.5 Electrical System
The electrical system at the filling station will be designed by a registered engineer and in
accordance with the electric power regulations in Kenya and other electrical standards such as
NFPA 70: National Electric Code. The electrical system will include power supply to the
mechanical pumps, underside of the steel canopy, the offices, and Machine/compressor room and
security systems. On completion of the electrical works, it is expected that Kenya Power will
approve the electrical works and issue a power connection certificate to the proponent.
4.6 Description of the Project’s Construction Activities
Pre-construction phase and investigations
The implementation of the project’s design and construction phase will start with thorough
investigation of the site soil characteristics
Building materials
These will be acquired locally, thus reducing negative impacts of transportation of the materials
to the project site through reduced distance of travel by the materials transport vehicles.
Building materials will be transported to the project site from their extraction, manufacture, or
storage sites using small trucks. The building materials to be used in construction of the project
will be sourced from the local shops and the surrounding areas.
Excavation of the Petrol Station and Embankment Foundation Works
Excavation will be carried out to prepare the site for construction of filling station, pavements
and drainage systems.
Masonry, Concrete Work and Related Activities
The construction of the filling Station, drainage systems, and ablution blocks among other
components of the project will involve a lot of masonry work and related activities like steel
works.
Roofing and Sheet Metal Works
Roofing activities will include iron sheet cutting, raising the roofing materials such as iron sheets
and structural timber to the roof and fastening the roofing materials to the roof.
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Landscaping
To improve the aesthetic value or visual quality of the site once construction ceases, the
proponent will carry out landscaping. This will include establishment of a buffer, flower gardens
and flourishing grass lawns and will involve replenishment of the topsoil.
Site construction
The construction of the units would be based on applicable international building standards.
Other building standards including the Building Code and the British Building Standards which
include BS 8110, BS 5950, BS4449, BS4461 will be incorporated. The constructions will as well
incorporate environmental guidelines, health and safety measures.
Implementation activities include the following: -
A) Site clearing and excavation of the foundations.
This entails removal of unwanted vegetation from the site and excavation of the projects’
foundations. The little vegetation on the site would be cleared to pave way for excavation
activities; the excavation of the site would not involve much machinery since the soil on site is
light and well drained.
B) Civil works: Civil works involves: -
Procurement of construction materials from approved dealers.
Transportation of construction materials to the site and disposal of the resulting flora waste using
light machinery.
Storage of the construction materials.
Laying and construction of the foundations.
Disposal of the existing debris/ materials.
C) Electrical works: Electrical works involve installation of the Power Distribution Box,
control panel, and all power supplying cables and equipments. All electrical works are done by
qualified electricians so as to avoid faulty connections which may later cause fire outbreaks and
short circuiting of the site equipments.
4.7 Description of the project’s operational activities
Once the construction of the station is completed, the facility will be used for such activities as
petrol supply, and storage. Activities associated with petrol station will automatically lead to
generation of wastes.
a) Foul Water Drainage and Sanitation
There shall be a well-maintained sanitary facility.
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b) Storm Water Drainage
The proposed development shall drain into an existing storm water drain along the road.
Wastewater drainage for the proposed development will consist both of drain and vent pipes.
These pipes also incorporate traps, galleys and other assorted fittings. The drain will discharge
into an open Council’s storm water drain along the road.
c) Solid Waste Disposal
Dustbin cubicles shall be provided within the proposed development with protection from
weather and stray animals as illustrated by the site plan annexed. These will provide storage for
solid waste before the Municipal Council and/or private contracted collect them for final
disposal.
d) Cleaning
The proponent and the users will be responsible for ensuring regular dredging and cleaning of
petrol station, the troughs, drainage channels and the compound in general.
e) General Repairs and Maintenance
The petrol station and associated facilities will be repaired and maintained regularly during the
operational phase of the project. Such activities will include repair of embankments, repairs and
maintenance of leaking pipes, maintenance of surroundings, and replacement of worn out
materials among others.
4.8 Size and Magnitude of the Project
The project will be retailing a small quantity of diesel and petrol owing to the tank capacities to
be installed. The underground tanks will be installed to dispense 20,000 litres of diesel and
20,000 litres of regular petrol. The station will have a dual pump.
4.9 The Project Schedule
The project is expected to start as soon as NEMA approvals have been obtained. From the start
date the construction and commissioning is estimated to take approximately 2 month. This is
however, subject to design conditions.
4.10 Estimated Project Cost
The project cost is estimated at Kshs. 2,500,000. (READ: Two Million, Five Hundred Thousand
Shillings Only) The cost will cover the construction and provision of services as determined in
the appended Bill of Quantity (BOQ)
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5.0 ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
This part includes impacts during implementation/construction phase, operation phase and
decommissioning phase on the following issues: soil degradation; air quality; noise; oil wastes;
water resources; solid and liquid waste management; drainage, terrestrial ecology, visual and
landscape; traffic; public comfort; OHS; and energy. Most of these key issues were identified
during the scoping exercise and are clearly elaborated as follows:
5.1 Positive Impacts
5.1.1 Employment creation
The proposed project will generate both direct and indirect employment. It will directly offer
jobs on temporary basis during the construction. About 4 persons are expected to be involved in
construction phase. In addition, on completion of the project four (4) persons will be employed
on permanent basis.
5.1.2 Local economy
As noted earlier in this report, energy plays a pivotal role in economic growth and development.
The establishment of the station in this area will serve to improve accessibility of petroleum
products to motorists thus boosting the economy.
5.2 Adverse impacts and mitigation
5.2.1 Surface water and drainage
The station will have an impervious surface thus reducing water infiltration into the ground. This
implies that surface runoff from the site will increase. The amount of runoff will increase slightly
due to lowered infiltration of rainwater into the soil. The surface water from the station is likely
to contain oils and greases if drainage system is not well designed. The design should ensure that
all water from the station where spills are anticipated passes through properly constructed oil
interceptor. If this is done, the impact of surface run-off on the environment will be minimized.
Mitigation measures
Compliance with Water Quality Regulations
Construction of adequate and efficient drainage system with inspection chambers
Construction of oil interceptor
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5.2.2 Environmental pollution
Table 1: Sources of environmental pollution
Source of Impact Mitigation
Vehicular emissions Ensure that the vehicles are switched off while at the
station.
The potential for the accumulation of emissions in the
premises is however very low since the station is well
aerated.
Oil spills Fit hoses with quick-acting leak-proof cock or with an
approved nozzle
Train and supervise employee to ensure minimal spillage
of fuel.
Wastewater Construct proper drainage system
Treatment of water through oil interceptors prior to
discharge into the environment
Should meet the effluent standards as per Water Quality
regulations (Amendment) 2012.
Leakages Use of approved fuel tanks and monitor fuel quantities to
detect leakages.
To prevent any leaks from getting into the environment,
the tanks should be properly treated. A layer of clay
should be used to encase the tanks during installation.
The underground tanks must satisfy the national
standards.
Noise The noise levels are not likely to exceed the minimum
standards. No measures are necessary except for the
switching off engines while at the station.
Should ensure that noise regulations 2009 are adhered
to.
5.2.3 Soil disturbance
Construction will mainly involve excavation and leveling of the ground. This will result in
disturbance of the soil profile and the associated microbial communities. The flat slope of the
land implies that no much leveling will be needed and thus reduced soil disturbances. The
underground tanks will require excavation of pits about 8ft deep. The soil will be used to cover
the tanks and in landscaping.
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Mitigation measures
Excavation be limited to construction area only
5.2.4 Soil Erosion
Soil movement is common in construction activities. This mostly happens during the laying of
foundations (earthworks) for the projects and site clearing. Most top loose material is excavated
and transported elsewhere. Comprehensive soil erosion measures are thus important during the
construction and operation phases:
Mitigation measures
Provision of soil conservation structures on erosion prone areas to control occurrence of
soil movement.
Avoid unnecessary movement of soil materials from the site.
Good management of the runoff/storm water to reduce its impact on loose soil.
Control construction activities especially during rainy / wet conditions.
Landscaping: Re-surface open areas after completion of the project and introduce
appropriate vegetation.
5.2.5 Impact on water resources
No source of water body is close to the project vicinity. The proximity of development projects
to surface water body or underground water are in most cases viewed as potential sources of
environmental pollutants which could degrade environmental quality. Proper measures are put in
place to ensure no kind of water contamination may be experienced by this development to
ensure minimized environmental pollution.
Mitigation measures
To minimize any anticipated negative impacts of the project on water resources, the following
recommendations are essential:
Monitoring of wastewater quality on regular basis
Ensure that the project does not encroach on any riparian reserve
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5.2.6 Increased water demand
Water is a major issue of concern in the area. The proposed project may cause some strain to the
existing water supply since construction activities are known to be heavy water consumers. The
project operation will increase water use which will have direct impact on water supply.
Mitigation Measures
Avoid excessive use of the water; Water use to follow approvals by the water department.
Roof catchments should be provided with rainwater harvesting systems (gutters, down
pipes and water storage facilities) to enhance collection and storage of the run-off. Such
water can be used in watering flower gardens, cleaning etc
Provide notices and information signs i.e. ‘keep/leave the tap closed’, etc. This will
awaken the civic consciousness with regard to water usage and management
Install water-conserving taps that turn-off automatically when water is not in use.
Encourage water reuse/recycling mostly during construction and operation phases.
5.2.7 Waste generation and management
Table 2: Waste Management
Nature of wastes Volume Disposal method Phase
Soil Moderate Use for leveling and landscaping Construction
Solid wastes (Papers,
containers)
Small Makueni County Council.
(establish a waste collection
point and acquire litter bins for
the premises
Operation
Wastewater from surface
Moderate Storm drain along the established
drainage ways (see appendix for
the plan)
To install oil-interceptor and
monitor quality of effluent
discharged into the environment
frequently
Operation
Emissions (from vehicles) “ Emitted directly into the air.
Ensure vehicles are switched off.
“
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5.2.8 Impact on vegetation
The site has grass covering; however there will be minimal interference of the biodiversity owing
to the small size of the site, approximately, 1,520 sq.ft, and excavation limited to a specific area
only. However, the construction will have to adhere with the Environmental Management and
Co-Ordination Act 1999.
5.2.9 Fire risk and control
Petroleum products present significant risk due to their inflammable nature. This implies that the
proponent must put adequate measures in place to prevent and control fire.
Mitigation measures
The compound should be kept clean and free from fire hazards and litter
Avoid naked fires (post notices to prohibit smoking within the station)
Electrical installation be carried out by a competent and licensed electrician
Install fire control appliances (portable fire extinguisher; both CO2, dry powder and
water type, and sand buckets) and employees should be adequately instructed periodically
in the use of the various fire appliances.
Conduct regular drills-once a year
Regular repair and maintenance program for all equipment
Implement leakage detection mechanism
Observe safety measures e.g. use of mobile phones, lighting
Full compliance with Fire Risk Reduction Rules, 2007
5.2.10 Health and safety
Exhaust emissions
Complete combustion of petrol produces mainly CO2 (13%), water (13%) and nitrogen (73%). A
very small portion of N is converted to Nitrogen oxides (NO) and some to nitrated hydrocarbons.
Incomplete combustion leads to production of Carbon monoxide (CO), Volatile Organic
Compounds (VOCs) fuel, nitrogen oxides, lead and thousands of compounds in both gas and
particulate phases. VOCs are hazardous to human health, for instance, long exposure to benzene
may lead to cancer (EHC, 2003). Nitrogen oxides cause irritation of respiratory track and may
exacerbate asthma and may damage blood vessels. Exposure to lead, leads to several
physiological disorders in man with the most sensitive parts being kidneys, blood and nervous
system. The emissions may also contaminate the environment including soil and water.
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Mitigation measures
Since long exposure to vehicular emissions may result in irreversible effects on human health, it
is advisable that the proponent should ensure that:
Employees undergo regular medical check-ups (every six months)
Vehicles are switched off to minimize emissions
Proper aeration within the premises
Other safety measure that should be undertaken include:·
Provide protective clothing to employee
Install first aid facilities
Fire emergency response plan
In addition, during construction, the following measures must be undertaken:
Observe strict safety precautions during tank installation. These include provision of
personal protective equipment and clothing to the tank installation workers. The PPE
should include Overalls/Aprons, helmet, dust masks, wielding shield/goggles, earmuffs
(where necessary), and appropriate foot wear.
Supervision by competent engineers should be done throughout the project
implementation. The engineer must ensure that materials used for the work are up to
required standards, that proper mixing of element is adhered to, proper workmanship and
observation of building standards applicable to the project.
There should be provision of first aid facilities and emergency response plans during
construction.
5.2.11 Noise pollution
Noise is unwanted/undesirable sound that can affect job performance; safety, and health,
psychological effects of noise include annoyance and disruption of concentration. Physical
effects include loss of hearing, pain, nausea, and interference with communications when the
exposure is severe.
However, due to the small magnitude of the project; installation of one dual pump and tank,
construction activities at the site will not involve use of heavy machinery. The noise levels will
so much be minimal to cause any significant degradation of local environment. In addition, the
noise levels produced are not likely to exceed the background levels which will be for a short
time.
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Mitigation measures
Workers should be provided with relevant PPE materials such as earmuffs and earplugs;
when operating noisy machinery and when in noisy environment. These provide a
physical barrier that reduces inner ear noise levels and prevent hearing loss from
occurring
Suppressors or silencers on equipment or noise shields for instance corrugated iron sheet
structures.
Machineries should be maintained regularly to reduce noise resulting from friction.
Provision of bill boards at the construction site gates notifying of the construction activity
and timings.
5. 3 Operation phase
On completion of the project the following should be adequately provided:
Fire extinguishers, hazards warnings, fire alarm, refuse collection chamber, mechanism for
regular cleaning of facility and any necessary measures as may be necessary to safeguard the
health and safety of the general public.
5.4 Decommissioning
Safety measures necessary during decommissioning (incase of demolition) are:
Use of proper equipment and tools
Supervision by competent engineers
Provision of adequate PPE to all demolition workers
Proper handling and disposal of debris
5.5 Working conditions
The need for good working conditions cannot be overemphasized. The proponent must ensure
that all laid down regulations are adhered to in accordance with the employment Act, and related
Labour laws in the country.
5.6 Public consultations
5.6.1 Source of Information
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One of the key information sources used during the EIA exercise was the consultative public
participation. This exercise was carried out on 3rd July, 2013 via administration of pre-designed
questionnaires and by interviewing neighbours surrounding the proposed project site.
The positive and negative views regarding the project were sought from the project site
neighbours and other stakeholders. The purpose for such interviews was to identify the positive
and negative impacts and subsequently promote and mitigate them respectively. It also helped in
identifying any other miscellaneous issues which may bring conflicts in case project
implementation proceeds as planned. The filled questionnaires and stakeholder participation list
are appended.
5.6.2 Issues Raised
The stakeholders consulted gave both positive and negative views, as well as suggestions for the
proponent to consider during construction and operation phases of the filling station project.
They approved the project to continue, as they do not have any objection to the exercise. The
questionnaires from various stakeholders were appended to the upgraded EIA project report
Reference No. 11,233.
Expected benefits of the project included:
1. Provision of employment and subsequent income during construction and operational phases
of the project;
2. Security of the surrounding area will be enhanced especially due to lighting;
3. Convenient supply of fuel especially kerosene to the local residents;
4. Convenient supply of other household goods and foodstuff;
5. The government will accrue revenue.
Suggested issues that the proponent should consider controlling:
1. Fire safety/ danger of explosions and possibility of loss of lives and property;
2. Noise and dust during construction and operational phases;
3. Potential possibility of oil spills;
4. Waste management and fumes and gases emission.
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6.0 FURTHER RECOMMENDED MITIGATION MEASURES
6.1 General Overview
The project is generally a positive development in terms of economic progress in the petroleum
sector. However, while the beneficial aspects are quickly realized, negative impacts from the
development should also be appreciated and necessary measures incorporated in the project
design, construction and eventually throughout its operation. The duty of achieving this,
therefore, lies with proponent, the Project Design Architects and Contractor as well as the
Operators and their Supervisors upon commissioning.
In view of the above, it is suggested that;
(i) Other ongoing activities at and around the site be evaluated with respect to the environment,
health and safety with a view to incorporating the proposed project and improvement of the
related infrastructure,
(ii) The project implementation does not cause unnecessary disruption to public utilities (e.g.
water supply, power supply, waste water treatment systems, water resources, road network, etc.)
and other land users in the area
(iii) Necessary technological considerations are taken into account to provide an acceptable
waste quality and disposal procedures to safe guard natural resources such as peoples health and
ground water sources,
Below are specific mitigation measures recommended for the significant environmental aspects
6.2 Planning and Design.
6.2.1 Planning
While planning for this development it will be necessary to consider the following basic aspects
(some already addressed in the project document) of environment;
1. The health of the workers and the neighboring communities is of key importance and
necessary mechanisms should be provided for this purpose. (see health and safety below),
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2. Safety for on-site installations and people as well as those in the neighboring communities
should also be considered in the project plans. This includes fire safety measures (see health and
safety below),
6.2.2 Design
The operation of the station is expected to;
(i) Integrate within the existing environmental infrastructure at site to facilitate sharing of
services and amenities (e.g. power, water, solid refuse collection and roads), safety arrangements
and waste management systems among others.
(ii) Minimize risks to health and impacts to external environment. Suitable anti-pollution
facilities (solid waste containment and organized removals) should be part of the design.
(iii) Take into account changing environmental practices, market demands and availability of
technology for flexibility on alternatives that do not have significant effects to the environment
6.3 Operations and Maintenance
6.3.1 Waste Generation
The Station in its day-to-day operations will generate various classes of waste, which include
solid, liquid and gaseous wastes.
Solid Waste
Solid waste which might be generated at the station includes empty oil cans, rags, as well as
empty water bottles. Others include biodegradable and non-biodegradable papers. This waste
should be collected and put in a disposal point.
Liquid Waste
The major generation of liquid waste at the station will be cleaning of the operation site as well
as run-off resulting during rainy days. This waste carries silt, sediment oil and grease.
The station management will put in place used oil waste collection point and a clear mode of
waste management generated from cleaning of the operation site, as well as run-off resulting
during rainy days. The oil interceptors will be put in place and periodic analysis will be carried
Environmental Impact Assessment Study Report, 2013
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out to ensure no contamination occur as a result of the station’s activities. Also all the drainage
shall be covered with appropriate materials e.g. metal grills.
Storm drains and waste water collection systems including sewers and open drains should be
clearly shown on the designs. Monitoring points should also be fitted on the drains/sewers, for
this reason, specific design provisions should include;
i. Solid wastes (including garbage, papers, plastics and packaging materials, fats/oils) will be
generated. The design should therefore, provide for suitable solid waste collection receptacles at
strategic locations at the premises. An accessible area with a concrete slab should also be
provided for collection and storage of the various solid waste categories awaiting disposal.
ii. Surface run-off from open surfaces should NOT mix with the waste water. In this regard,
storm water drains should be provided to pass at safe distances from the proposed wastewater
treatment system.
Potential Mitigation Measures
Maintenance of drainage channels and oil interceptor tanks
Discourage or avoid disposal of oil contaminated water on the ground
Covering the whole operation area with concrete hardstand
6.3.2 Dust and Gaseous Emissions
The vehicles will be coming in and out and this may bring about dust. Emissions majorly arise
from automobiles. Sweeping the surface on the site will generate additional dust.
Odours may be experienced in operational phase. Bad smells may arise from spillages and liquid
wastes that are not cleaned up and uncollected trash that may accumulate on the site, including
used oils, and used rags from cleaning works.
Fumes originating from petrol tank and during refuelling as well as emissions from motor
vehicle exhaust systems. The levels and constitution of these pollutants will be being assessed
and 1 year monitoring exercise will be required to determine concentrations levels.
Air Pollutants from Incomplete Petrol Combustion may bring about contamination of air which
may affect the animals and plants.
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Potential Mitigation Measures
To minimize air emissions, the following measures are suggested:
During operational phase, keep the forecourt clean; it should be regularly sprinkled with
water to minimize dusts generation i.e. always suppress dust by water-spraying before
sweeping.
The facility owner/ dealer should use unleaded gasoline and low sulphur diesel, which is
less polluting.
To avoid bad smells, spillages should be immediately cleaned up. An appropriately
designed container for waste collection should be provided on the site for temporarily
storage of uncollected trash. Prompt disposal of such material should be done.
Avoid open-air incineration of trash near the station.
Control over areas generating dust particles. Use water sprays and mists as dust
suppression measures
Workers should be encouraged to go for regular health check-ups to ascertain their health
standards.
Locate haul – roads, and stockpiles away from sensitive receptors; taking into account
prevailing wind directions
6.3.3 Oil Spills and Leaks
Surface spills and leaks are likely to happen during fuelling and tank filling activities thus
increasing risks of fire and ground contamination. The station drainage plan should ensure that
all spillage arising from the forecourt operations are well managed. Underground leakages from
the fuel tank present a specific problem, as this can lead to extensive contamination of
groundwater, leading to undesirable liabilities. Therefore flexible piping should be used thereby
reducing the number of joint works, which are potential weak areas of leakages. There should be
a daily bulk stock reconciliation to monitor any unusual variances, which could constitute
leakages.
Potential mitigation Measures
Additional measures to contain spillages such as oil-retention brooms be set up on the
facility;
Ensure incorporation of leak-detection mechanisms.
Develop a spill prevention and control plan to counter and manage emergencies that may
arise in the event of accidental spillages.
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6.3.4 Fire Preparedness
Fire outbreaks are natural disasters and are common in Kenya where they usually leave behind
detrimental effects to the environment. Fire incidences result to economic and social drawbacks.
There are operations that are prone to such outbreaks i.e. poor handling of electricity systems,
faulty electrical equipment, LPG handling, carelessness etc. It is therefore always important to
consider the issue of fire by bringing in the element of preparedness. In this regard, the design
should provide and recommend implementation of fundamental fire fighting measures and
control facilities. These should include the following:
Potential Mitigation Measures
Install an automatic fire alarm system for the entire project mostly on operation.
All fire control and fighting facilities to be installed following local council’s Fire
Masters requirements approval.
In addition to the above, the project management should consider the following.
Conduct regular fire fighting drills/simulations to sensitize workers.
Adapt an emergency response plan for the entire project during occupational phase.
Ensure that all fire fighting equipment are strategically positioned, regularly maintained
and serviced.
Provide fire hazard signs such as ‘No Smoking’ signs, Direction to exit in case of any fire
incidence and emergence contact numbers should be provided.
Provision of sand buckets and other suitable extinguishers
Sound handling of LPG. The LPG cylinders should be stored outside buildings and in
well ventilated structures. There shall be refilling of LPG cylinders on site
6.3.5 Environmental Health and Safety Management
Occupational health is a major consideration in the facility due to the nature of the products and
derivative wastes. These include the highly flammable liquid fuels and toxic used oils amongst
others. Used oils are also toxic and must be handled with care and provision of protective
clothing.
The following issues should be noted:
The first-aid box to be provided,
Hazardous materials to be stored separately from the rest, with appropriate hazard
warning signs posted on at their location
Good housekeeping practices to minimize incidents.
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Use proper techniques for removal of spilled toxic materials.
Develop a health and safety plan for the facility
6.3.6 Land, Soil Quality
The facility has insignificant impact on land quality though during operational phase proper care
and handling of the petroleum product will be important to ensure no soil contamination within
the site and its immediate environment.
6.3.7 Visual Intrusion
Visual impacts are likely to occur during earthworks for the foundation of the project. The visual
impact will however be contained within the site.
Mitigation Measures
Careful sitting, planning and design of the development to ensure that it is sympathetic to
its surroundings.
Refine acceleration and deceleration lanes to avoid obstructions and vehicle movement
along the Main road
On completing the earthworks, the excavated or disturbed areas should be restored
immediately; especially through backfilling and leveling.
All debris from construction site should be cleared on completion.
Compensation for the loss of landscape resources e.g. vegetation by replacing with an
equivalent resource e.g. planting exotic trees
6.3.8 Emergency Response Plan - ERP
The filling station ERP should be documented, employees provided with the requisite training
and annual drills conducted. A filling station ERP should typically contain information on the
following information and types of emergencies likely to be encountered:
Mitigation Measures
A emergency contacts telephone list
Emergency response notification instructions
Simple instructions on how to handle fires (on the forecourt and in the sales building),
product spills, LPG incidents, armed robbery, product contamination, etc.
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6.3.9 Equipment Maintenance
The filling station will have a sizeable inventory of equipment that will be purchased from
specialized vendors. Such equipment includes product pumps, a compressor, a stand-by power
generator, emergency stop switch etc.
Mitigation Measures
The proponent will need to be maintaining the equipment in order to avoid any incidents or
environmental degradation in accordance with the maintenance schedules indicated in the
manufacturer’s manuals as well as the Kenya statutory requirements (Weights and Measures
Department for product pumps and Factories Inspectorate for compressor air receivers).
6.3.10 Construction safety
Introduction
The following sections provide general guidelines and procedures for construction safety during
project implementation.
General Construction Guidelines
Construction work can be particularly hazardous. Personal protective equipment, fire safety,
electrical safety, and other precautions are essential for safe construction work.
Follow these guidelines when visiting or working at construction sites: Do not walk, stand, or
work under suspended loads. If you raise a load, be sure to crib, block, or otherwise secure the
load as soon as possible; avoid placing unusual strain on equipment or materials and; be prepared
for unexpected hazards. BE ALERT!
Barriers and Guards
Contractors and project managers should use barriers and guards as necessary to protect
employees, and visitors from physical hazards. If you suspect a hazard is not sufficiently
protected, notify the attending workers or the Environmental Health & Safety Office on site
immediately.
NOTE: Barriers, guards, and warning signs are required to ensure safety against existing hazards.
Types of Barriers and Guards
Physical barriers and solid separators (dust barriers, hazard barriers, temporary walkways, etc.)
NOTE: Signs that state DANGER, WARNING, or CAUTION are also important where barriers
or guards are necessary and; remember to make signs legible, visible, and brief.
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Areas that Need Barriers or Guards
Any area that poses a physical threat to workers and/or pedestrians requires barriers or guards.
Areas that typically require permanent or temporary protection include the following: Stairways,
Open Manholes, Elevated platforms, Areas with moving machinery, Excavation sites,
Construction sites, Temporary wall or floor openings and doors opening into construction
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7.0.0 PROJECT DECOMMISSIONING
On completing the construction works on the site, everything should be left in order. To achieve
this, the following should be accomplished. Landscaping of open areas should be done. Such
areas should be sealed from pits and other depressions and vegetation introduced; all waste
materials should be cleared and removed from the site. There should be no such materials as
wood, glass, stones, scrap metals etc. However, these should be disposed appropriately; general
rehabilitation of any excavated areas; quality vegetation should be introduced to add aesthetic
value to the site. This should be regularly watered; the structures should be cleared and rubbed of
any dust particles; all construction equipments and plants should be removed and the old ones
sold to the respective scrap materials handlers and; workers should be pre-warned just before
decommissioning and suitably compensated and recommended: to assist in seeking opportunities
elsewhere.
Information pertaining to the decommissioning of the project at the end of its life cycle and
associated impacts, proposed measure to return the site as far as possible to its former state, or
rehabilitation measures, sediment control measures has been elaborately provided in the EMP
below
7.1 Removal/replacement of fuel tank
Decommissioning phase of a fuel tank will include the following;
i. Contaminated metal must be steam-cleaned prior to disposal. Routing of effluent
dependant on contaminants.
ii. If any metal, including piping, have future value it may be moved, after cleaning, to a
storage area for redundant materials.
iii. Existing procedure for the disposal of metal to the scrap metal dealer will be followed
iv. On the day of excavation, the site engineer, contractor and environmental consultant
(contamination expert) must be present either as the tanks are being removed or
immediately afterwards.
v. The area to be excavated must be cordoned off with red danger tape and no smoking
signs displayed around the site.
vi. All fuel inside the tank must be removed and the tank degassed, with the site then
excavated to expose the tank. In order to ensure the tank is not damaged during
excavation especially in areas of limited space, a small backactor must be used or the area
must be manually excavated, with the removed soil stockpiled in a demarcated area on
site.
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vii. All other electrical, storm water or water pipelines must be located prior to excavation to
ensure they are not damaged in the excavation process. All pipes and vents connected to
the tank must be disconnected and sealed before the tank is removed.
viii. If a leak is suspected, soil samples must be taken from a number of points in the
excavation as well as from the stockpiled soil. Water samples must also be taken if there
are free-standing pools in the excavated pit. Background soil and water samples must also
be taken off-site.
ix. The pit must be left open while the samples are sent to an appropriate laboratory for
analysis. Should the analysis indicate the soil to be contaminated, soil must be removed
from the pit until all of the contaminated material has been removed. Contaminated water
must be pumped out, collected and disposed of in an appropriate manner. Further soil
samples must be taken and sent for analysis with the process repeated until analysis
shows contamination to be within acceptable levels.
x. The contaminated soil must be stockpiled separately and remediation measures done on
site or removed to an appropriate landfill site.
xi. The removed tank will be loaded onto a flat-bed truck and taken to the contractor’s
storage yard or to a storage area designated by the proponent. The tank will be flushed to
remove any remaining residues with the flushed water either stored for future flushing or
processed to remove the fuel.
7.2 Description of the project’s decommissioning activities
Demolition works
Upon decommissioning, the project components including structures, paved areas, drainage
systems, and perimeter fence, a good amount of solid waste will be generated. The wastes should
be reused or if not reusable, disposed of appropriately by a licensed waste disposal company.
Dismantling of equipment and fixtures
All equipment including electrical installations, finishing fixtures partitions, among others will
be dismantled and removed from the site on decommissioning of the project. Priority will be
given to reuse of these equipment in other projects. This will be achieved through auctioning of
the equipment to other contractors or reused in another site.
Site restoration
Once all the waste resulting from demolition and dismantling works is removed from the site, the
site will be restored through replenishment of the topsoil and re-vegetation using indigenous
plant species.
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8. 0 ENVIRONMENTAL MANAGEMENT PLAN FRAMEWORK
The environmental management plan involves risk management strategies that should be
undertaken by the project proponent to mitigate environmental degeneration. They are
approaches to monitor, control, reclaim and restore the environment back to its appropriate state.
EMPs for projects thus provide logical frameworks within which the identified issues of
environmental concern can be mitigated, monitored and evaluated.
Environmental monitoring involves measurement of relevant parameters, at a level of details
accurate enough, to distinguish the anticipated changes. Monitoring aims at determining the
effectiveness of actions to improve environmental quality.
The environmental management and monitoring plans have been developed and outlined to bring
home the key findings of the Environmental Impact Assessment of the project in mention,
recommending necessary mitigation actions, defining roles, verifiable indicators and the
estimated cost.
The EMPs outlined in tables hereafter address the potential negative impacts and mitigation
measures as well as roles, costs and verifiable indicators that can help to determine the
effectiveness of actions to upgrade the quality of environment; as regards the proposed project.
The EMPs have considered construction, operation and decommissioning phase.
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Environmental /Social
Impact
Proposed Mitigation Measures and
Monitoring Aspects
Responsibility Monitoring
Means/Plan/Indicator
Cost (Ksh)
(Construction/Operation Phase)
Air pollution 1. Spray water on excavated areas.
2. All bare areas should be
landscaped after installation..
3. Workers should be provided with
dust masks if working in sensitive
areas.
4. Regular maintenance of
construction plant and equipment.
5. Engage sensitive construction
workers.
Contractor Amount of dust produced.
Level of landscaping
10,000
Ecological
considerations (flora &
fauna)
1. The flora and fauna should be
restored after installation by
landscaping and maintaining the
introduced plants.
Proponent Natural ecology in areas
not in use
N/A
Changes in
Hydrology/impended
drainage
1. Proper installation of drainage
structures
2. Installation of cascades to break the
impact of water flowing in the
drains.
3. Ensure efficiency of drainage
structures through proper design
and maintenance.
4. Provide gratings to the drainage
channel.
5. Regular check on any sludge along
drainage channels.
6. Visual checks of oil interceptors
and drainage channels for any
leaks.
Contractor/Proponent Inspection and routine
maintenance.
20,000
Soil erosion 1. Leveling to reduce the impact of
erosion
Contractor Landscaped areas
Inspection and routine
N/A
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2. All bare areas should be well
landscaped after completion.
3. Compact loose soils.
4. Ensure management of excavation
activities
5. Control earthworks
6. Ensure proper disposal of
excavated loose soil.
7. Provide soil erosion control and
conservation structures where
necessary.
8. Landscaping
maintenance.
Solid waste
1. Excavation waste should be re-used
or backfilled.
2. The site should have waste
receptacles with bulk storage
facilities at convenient points to
prevent littering during occupation.
Management Presence of well
maintained receptacles and
central collection point.
N/A
Oil leaks and spills 1. Machinery should be well
maintained to prevent oil leaks.
2. Provide oil interceptors along the
drains leading from oil storage
areas and dispensing pump islands.
3. Maintenance of construction
vehicles should be carried out in
the contractor’s yard.
Contractor No oil spills and leaks on
the site
90,000
Noise Pollution 1. Maintain plant equipment
2. Restrict construction activities to
daytime
3. Provision of appropriate PPEs i.e.,
earplugs and earmuffs.
4. Appropriate selection of
machinery.
Contractor Inspection/observation 10,000
First Aid 1. A well stocked first aid kit shall be Management Contents of the first aid 10,000
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maintained by a qualified personnel
Loss of vegetation 1. The flora and fauna should be
restored after construction by
landscaping and maintaining the
introduced plants.
2. Planting flowers/grassing should be
done just before the rains or
irrigated during dry spells.
Contractor/
Management
Landscaped lawns
N/A
Occupational Health &
Safety
1. Provide Personal Protective
Equipment
2. Train workers on personal safety
and how to handle equipments and
machine.
3. A well stocked first aid kit shall be
maintained by a qualified personnel
4. Report any accidents / incidences
and treat and compensate affected
workers
5. Provide sufficient and suitable
sanitary conveniences which
should be kept clean
Management Workers using Protective
Presence of Well stocked
First Aid Box
Separate and clean
washrooms (Gents &
Ladies)
50,000
Underground fuel storage and
handling
1. Use properly maintained hoses and
fittings.
2. Make the cement screeds in all the
chambers using water proof
material.
3. Install a monitoring well next to the
tanks to check on leaks.
4. Use water finding dipstick and/ or a
hydrometer to check on density/
specific gravity
5. Ensuring no spills during refilling
and / or when offloading the fuel
Contractor/
Management
No fuel / Oil spills 50,000
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Fire preparedness
1. Fire fighting drills carried out
regularly.
2. Fire fighting emergency response
plan
3. Ensure all fire fighting equipment
is regularly maintained, serviced
and inspected.
4. Fire hazard signs and directions to
emergency exit, route to follow and
assembly point in case of any fire
incidence.
5. Adapt effective Emergency
Response Plan
Management Number of fire drills
carried.
Proof of inspection on fire
fighting equipment
Fire Signs put up in
strategic places.
Availability of fire
fighting equipment
50,000
Environment Health
and Safety preparedness
1. Train workers on personal safety
and disaster management
2. Conduct Annual Health and Safety
Audits
Management Copies of Annual Audit
Reports
20,000
Electricity usage 1. Erect a meter in the premises to
check on total kilowatts used and
for billing purposes
2. Apply for connection from Kenya
Power
3. Switch off light that are not in use
4. Use of energy conserving bulbs/
tubes
Contractor/
Management
Presence of an KPLC
meter
Electricity bills
Contamination of ground and
surface water (Oil spills)
1. Cleaning of the Oil Interceptor
2. Use special tool to do skimming
3. Install spill control kit next to the
interceptor during skimming
Management No oil spills hence no
ground water
contamination
Water quality & Waste
Management
1. Construct and monitor oil
interceptors.
2. Reduce waste at source, recycling,
and disposal of unrecyclable waste
in approved dumpsites. The
Environmental Impact Assessment Study Report, 2013
56
proponent should explore engaging
the services of a registered waste
handler
Waste water disposal
1. Conduct inspections for sewer pipe
blockages or effluent presence on
open drains
2. Waste water should drain through
the laid sewage pipes
3. Compliance to the Water Quality
Amendment Regulations 2012
Management Annual effluent discharge
license from NEMA.
30,000
(Decommissioning Phase)
Disturbed Physical
environment
1. Undertake a complete
environmental restoration
programme
2. Landscaping and introducing
appropriate vegetation
3. Implement an appropriate re
vegetation programme to restore
the site to its original status
4. During the re-vegetation period,
appropriate surface water run off
controls will be taken to prevent
surface erosion;
5. Monitoring and inspection of the
area for indications of erosion will
be conducted and appropriate
measures taken to correct any
occurrences;
6. Fencing and signs restricting
access will be posted to minimize
disturbance to newly-vegetated
areas;
7. Comprehensive landscaping
Management Environmental restoration 80,000
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57
Fuel Tank 1. Ensure there is no spillage during
emptying and removing of the
underground tank
2. Any fuels removed from the tanks,
surrounding soil that maybe
contaminated must be disposed into
licensed dumpsites.
Contractor Empty and disused
tanks on site
10,000
Loss of income
Reduced ability to support
dependants
Loss of quality of life
Loss of benefits i.e.,
medical insurance cover
etc.
1. The safety of workers should
surpass as a priority of all other
objectives in the decommissioning
project
2. Adapt a project-completion policy:
identifying key issues to be
considered.
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58
Occupational Health and
Safety
1. Demarcate area under demolition
with Danger Tapes to control access
2. Provision of Protective Equipment
3. A well stocked first aid kit shall be
maintained by a qualified personnel
Management
Presence of well-stocked
First Aid boxes and
protective equipments.
50,000
Scraps and other debris on
site
1. Use of integrated waste
management system i.e., through a
hierarchy of options
2. Waste generated as a result of
facility decommissioning activities
will be characterized in compliance
with standard waste management
procedures. Disposal locations will
be selected by the contractor based
on the properties of the particular
waste stream.
3. All building, machinery, equipment,
structures and tools that will not be
used for other purposes should be
removed and recycled/ reused say in
other projects.
4. Where recycling/re-use of the
machinery, equipment, implements,
structures, tools and other waste is
not possible, the materials should be
taken to an approved dumpsites.
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59
9.0 CONCLUSION AND RECOMMENDATION
It is clear that the requirements of the TOR have been addressed through the literature review;
field study; description of baseline information; potential impact assessments and mitigation
measures; and environmental management and monitoring plan. The information obtained
adequately describes the salient ecological and socio-economic features of the study area and the
impacts of the proposed project.
The analysis of the EIA has evidenced that the implementation and operation phases of the
proposed filling station will have positive impacts to the area. These impacts will include
employment to local community members; increase in the Petroleum Dispensing Sites (PDSs);
increase in Government revenue; improvement of standards of the services due to increased
competition; improvement in security during the night due to the security lighting to be installed
at the site and general development of the area.
Although the proposed project will stimulate economic growth and create employment in the
area, there are environmental concerns that are associated with its implementation. The proposed
project will come up with some negative impacts such as increased pressure on existing
infrastructure, pollution/contamination (to Air, Water, soil) mostly during construction phase,
and increased waste (solid and liquid) generation among others. Hence the need to identify any
negative environmental impacts of the project, during the early stages of planning and design.
This strategy will ensure sustainable execution and protection of the environment from any
negative impacts as well as to enhance conservation of nature in a sensitive manner; and
guaranteeing a respectful and fair treatment of all people working on the project and general
public including motorists; without causing nuisance to the neighbourhood.
In order to alleviate the negative impacts that may emanate from the implementation of the
filling station project, the proposed mitigation measures will be incorporated during construction
and operation phases. This will ensure that environmental management strategies are
incorporated at every stage of the implementation phase and thus the perpetual co-existence of
the proposed project with the environment during operation phase.
It is thus my recommendation that the project be allowed to go ahead provided that the outlined
mitigation measures are adhered to. The key objective should be geared towards minimizing the
occurrence of impacts that have the potential to degrade the general environment. This will be
(effectively) overcome through close following and implementation of the recommended
Environmental Management and Monitoring Plans (EMPs). The project proponent shall work
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60
closely with the environmental Experts including NEMA; the general public and the local
council to enhance the facilitation of the issues of concern.
Recommendations for the prevention and mitigation of potential impacts are as follows:
The potential contaminant source areas such as forecourt, pump islands, parking areas
will be properly paved to contain oil spills from impacting the environment. The
construction of the forecourt and parking areas will be done using reinforced concrete to
avoid seepage of any fugitive petroleum spills into the soil system as well as draining the
generated surface run-off into the oil/water interceptor.
The electrical system will be designed and installed in accordance with the hazardous
area classification of all electrical equipment used at a filling station.
An emergency power control switch will be strategically installed in order to facilitate
general power cut of the entire filling station in case of emergency.
Following the completion of the construction phase, measures will be undertaken to
restore the affected biodiversity through landscaping; i.e. planting of trees and grasses to
cover unpaved areas.
The local business community will be involved in decision making where possible in the
project implementation in order to minimize misunderstandings, cultivate goodwill and to
help in the smooth running of the project.
The surface drainage system should direct all potentially contaminated surface waters
from the filling station into an oil/water interceptor. The drainage and interceptor
maintenance will be carried out regularly, including cleaning the interceptors of foliage,
rubbish and grit.
Capacity building of the workers and staff; to create awareness towards potential risks
and recommended preventive measures through training. This will ensure that health and
safety measures are followed. Conducting regular drills on fire prevention and control
will be encouraged to ensure proper preparedness for fire avoidance, management and
control in the filling station.
An adequately stocked “First Aid Box” will be provided and the filling station employees
will be properly trained on how to administer first aid.
The contractor and the proponent will implement the proposed mitigation and monitoring
plan in order to protect the environment from any negative impacts.
Formal procedures will be put in place for energy saving to optimize energy use. The
staff will be encouraged to turn off unnecessary lights and not to leave water taps
running.
A complete fire fighting system should be provided after completion of the project. The
equipment is clearly provided in the design plan, and in the report. This should be
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61
installed or provided at strategic points. The fire extinguishers will be serviced
accordingly i.e. after every six months to ensure effective and efficient performance when
required.
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 regular site assessments are conducted 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 are now available, associated with tank gauging systems,
which will 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 prove they
are sound. Testing of both tanks and lines should be by precision tightness methods.
Monitoring wells should be installed around the site to give an early indication of a
product release.
Diligence on the part of the contractor and proper supervision by the Supervising Foreman
during construction and the property manager during operational phase is fundamental for
mitigation of the issues of environmental concern. They should all adhere to the Environmental
Management Schemes (EMS) of the proposed project.
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62
PROPOSED EMERGENCY RESPONSE PLAN
Proposed Emergency Response Plan
Item
No.
Aspect of Danger Response Plan Responsibility
1. Fire Use available fire extinguishers to fight the
fire
Call the Police 999
Call Makueni Fire Brigade
Call Station operator /Proprietor
Workers to assemble at the Fire Assembly
Point
Personnel on duty
2. Major Oil Spills Call the Police 999
Makueni Fire Brigade
Call Station operator / Proprietor
Report incidence to NEMA via NEMA
Hotline 0206006041 within 24hrs
Personnel on duty
3. Serious Injury/ Loss of
life
Apply first Aid
Call the Police 999
Call for Ambulance Services
Call Station operator / Proprietor
Personnel on duty
4. Theft/ Robbery Call the Police 999
Contact Private Security Provider concerned
Call Station operator / Proprietor
Personnel on duty
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10.0 REFERENCES
1) The Making of a Framework Environmental Law in Kenya, by ACTS press, UNEP-
ACTS, 2001
2) Environmental Assessment Sourcebook Volume I (Policies, procedures, and cross-
sectoral issues), Volume II (sectoral guidelines) Volume III (guidelines for
Environmental assessment of energy and industry projects) by, World Bank, Washington,
1991
3) Makueni District Development Plan
4) E.A.L Gevaerts Technical Report No. 1. September 1964, Hydrological Outlines of
Ground Water Occurrences in Nairobi Area and its Immediate Environs, Nairobi
5) World Bank, 1991; Environmental Assessment Sourcebook Volume I (Policies,
Procedures, and Cross-Sectoral Issues), Volume II (Sectoral Guidelines) Volume III
(Guidelines for Environmental Assessment of Energy and Industry Projects), Washington
6) Sombroek W. G., Braun H. M. M. and Van der Pouw B. J. A., 1982, Exploratory Soil
Map and Agro-Climate Zone Map of Kenya, Nairobi
7) Kenya gazette supplement Acts 2000, Environmental Management and Coordination
Act No. 8 of 1999. Government Printer, in Nairobi
8) Kenya gazette supplement Acts, Physical Planning Act, 1999. Government Printer,
Nairobi.
9) Kenya gazette supplement No. 56. Environmental Impact Assessment and Audit
Regulations 2003. Government printer, Nairobi
10) Kenya gazette supplement Acts Local Authority Act (cap 265). Government printer,
Nairobi
11) United Nations, 2000, Millennium Development Goals