EIA-Shajanand Petrol Station

MAY 2013

ENVIRONMENTAL IMPACT ASSESEMENT REPORT

PROPOSED PETROL STATION DEVELOPMENT ON PLOT L.R.NO. 631/1183, KERICHO MUNICIPALITY, KERICHO COUNTY FOR SHAJANAND HARDWARES LIMITED

[This Environmental impact assessment Project report has been submitted to the National Environment Management Authority (NEMA) in conformity with the requirements of the Environmental Management and Coordination Act, 1999 and the Environmental (impact Assessment and Audit) regulation] AUGUST 2012

[SHAJANAND HARDWARES LTD] [P. O. BOX 1485]

[KERICHO]

Environmental impact assessment

Shajanand Hardware Limited, May 2013

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Executive summary

This environmental impact assessment project report contains findings of the foreseen environmental

impacts and their mitigation measures, on the proposed project. The Environmental Impact Assessment

project report looked into possible environmental impacts that the proposed project will have on the

natural and human environment. It is a systematic, documented and objective evaluation of the associated

activities such as environmental organization, management and equipment that will be performing with

the aim of helping to safeguard the environment by;

Facilitating the management to adhere to environmental policies

Assessing compliance with its policies, which includes meeting the regulatory requirements.

Protecting the management from possible execution for breach of environmental legislation as

stipulated in the Act.

It is for this reason that the Environmental Impact Assessment project report looks into

possible/potential environmental impacts that the proposed project is likely to cause. The effects that are

likely to be encountered in both natural and human environment have been taken into consideration.

Shajanand Hardwares Limited, herein referred to as the proponent intends to develop a petrol station at

Kericho Municipality in Kericho County. The proposed project will be on Plot No. 63/1183 which is

situated along Kericho-Nakuru road and Kimungu Road within Kericho town. It can also be located

through GPS coordinates X: 35.293730, Y: 0.363278, elevation; 2053.5 The main objective of the

proposed project is to provide petroleum fuel, lubricant oils, Liquefied Petroleum Gas, break fluids,

battery acid and battery water, tyre centre, wheel alignment, service bay, parking space, commercial office

spaces to let and a residential block among other activities to its esteemed clients. It is anticipated that the

proposed development will enhance the provision of a Petroleum Dispensing Site (PDS) for the

motorists along Kericho-Nakuru road and residents of Kericho Town and provide affordable commercial

spaces and residence.

The project will comprise of

Five pump isles (two for super, two for diesel and one for kerosene)

Three underground steel petroleum storage tanks (USTs)

A heavy duty covered man hole for each of the UPSTs

Service bay

Car wash bay

Compressor room

Generator room

Lubricant Mart



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Oil receptor tank

Store

Changing rooms

Storm Water Drains

Canopy over pumps;

Station shop, stores and offices

Air and water point

Sanitary facilities

A conservancy tank

Associated piping and wiring work

Parking bay

A four storey commercial block, with basement

A four strorey residential block

The listed components above were evaluated for potential interaction during the project phases (i.e.

construction, operation and decommissioning), including malfunctions or accidents that may occur.

These interactions were evaluated for potential significance after application of technically and

economically feasible mitigation measures where appropriate to reduce or reduce or eliminate potential

adverse project related environmental effects. Environmental monitoring and follow up measures will be

undertaken, where necessary to ensure compliance with applicable regulations, standards and guidelines as

well as to verify impact predictions and refine mitigative measures where required.

Pursuant to the prevailing legal requirements as envisaged in the EMCA and to ensure sustainable

environmental management, the proponent undertook this EIA project report for the petrol service

station, its allied infrastructure and incorporated substantial environmental aspects. This EIA project

report thus provides relevant information and environmental considerations on the project proponent‟s

intention to seek approval from NEMA for the development of the proposed project.

Aim of the Environmental impact Assessment

The main aim of conducting the Environmental Impact Assessment was to provide the management with

Environmental Policies which will guide them in safeguarding the environment during the proposed

project development.



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Objectives of the Project

The goal of the project as envisaged by the proponent is to develop petroleum-dispensing site that

delivers quality petroleum products to its customers in a safe, healthy and environmentally sound manner.

In order to achieve these goals, the objectives of the project are to:

Construct a petrol service station, a commercial block and residential block in accordance with

local and international design standards using materials of construction that are locally available

in Kenya and the client.

Create employment for operating the service station by engaging professionally qualified

individuals

Ensure optimum sourcing of quality and unadulterated petroleum products in bulk for resale to

the service station customers, and

Operate the service station with an EHS management system commensurate with the potential

risks associated with petroleum dispensing sites

Foreseen impacts

Various potential malfunctions and accidental events that may occur during the project include; fires and

explosions and product spills. Design features and procedures will be incorporated to minimize the

probable occurrence of malfunction and accidental events. Proven engineering techniques are available to

prevent these accidents and will be employed for the project. Safety spill response and contingency plans

will be developed and implemented to reduce adverse environmental effects of such unlikely incidents.

All safety procedures will be documented and in place prior to commencement of operations and

emergency response and contingency plan is expected to reduce the magnitude of effects resulting from

fire and other serious accidental events. Effects of the environments on the project were evaluated as part

of the assessment.

Project facilities will be designed and installed based on appropriate environmental design criteria to

ensure safety and integrity of these facilities during severe environmental conditions. All project facilities

will be constructed with appropriate meteorological and climatological data. In conclusion, the proposed

petrol station project is not likely to have adverse effects on the environment. The effect from routine

project construction, operation and decommissioning activities are therefore predicted to be no

significant for all components with the exception of land use and economic development for which

positive effects are predicted during construction and operation phase. Positive effects on land use are

predicted based on compliance with zoning stipulations for the development of land for its intended use.

The project will contribute to the development of the petroleum, commercial and housing sectors in

Kenya by establishing a viable facility and operation that will results in economic benefit for Kericho



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County. The adverse environment effects will be reduced to acceptable levels through the use of

technically and economically feasible design and mitigation measures.

Table 1 provides a summary of anticipated negative impacts and mitigation measures privy to

Completion, Operation & Maintenance and Decommissioning Phases of the proposed development.

Table 1: Anticipated Negative Impacts and Mitigation Measures

Impact/ Issue Mitigation

1 Solid Waste Reuse of construction debris will be encouraged

Separate waste appropriately to recover re-usable prior to disposal

A licensed private contractor will be engaged to appropriately dispose off all the solid

waste that shall not have been reused on completion of the work

Train workers on risk associated to inhalation of dust and appoint at least one person to

ensure proper dressing and waste handling by the workers

Provide workers with appropriate protective gears including nose and mouth masks

Appropriate bill of quantity will be prepared to minimize left over

Reduce the amount of waste generated by accurate budgeting to cut off on excesses that

may expire before use

Separate waste appropriately to recover re-usable prior to disposal

Ensure bins are erected appropriately, labeled and regularly being emptied and cleaned

Engage a licensed private contractor to appropriately dispose off on a regular basis the

anticipated solid waste

2 Controlling soil erosion –

Top soil protection

Stage site clearance works so as to minimize the area of exposed soil at any given time.

Re-cover exposed soils with grass and other ground cover as soon as possible.

Temporarily bund exposed soil and redirect flows from heavy runoff areas that threaten

to erode or result in substantial turbid surface runoff to adjacent drainage waters.

Monitor areas of exposed soil during periods of heavy rainfall throughout the

construction phase of the project to ensure that any incidents of erosion are quickly

controlled.

Leveling of the project site to reduce run-off velocity and increase infiltration of storm

water into the soil

Building of physical barriers to prevent mass movement where necessary.

The immediate surrounding area should be kept as clean as possible to enhance

monitoring.

Avoid soil extractions during rainy periods



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3 Compaction – Soil

aeration

Soil should be loosened up using ploughing techniques.

Soil with cement or other construction contaminants should be treated appropriately to

enable growth capacity.

4 Construction waste and

material handling – waste

management

A site waste management plan should be prepared by the contractor prior to

commencement of building. This should include designation of appropriate waste storage

areas, collection and removal schedule, identification of approved disposal site, and a

system for supervision and monitoring.

Preparation and implementation of the plan must be made the responsibility of the

building contractor with the system being monitored independently.

Special attention should be given to minimizing and reducing the quantities of solid waste

produced during site preparation and construction.

Any vegetation and combustible waste must not be burned on the site.

Reusable inorganic waste (e.g. excavated sand/soils) should be stockpiled away from

drainage features and used for in filling where necessary and/or possible.

Unusable construction waste, such as damaged pipes, formwork and other construction

material, must be disposed of at an approved dumpsite. Chemical waste should be

handled as per their Material Safety Data Sheet (MSDS) requirements.

5 Loss of terrestrial habitat

& biodiversity – Re-

vegetation

protecting the existing individual vegetation as much as possible and

set a replanting and landscaping programme that focuses on increasing “green area”

The proponent will ensure proper demarcation of the project area to be affected by the

construction works. This will be aimed at ensuring that any disturbance to flora is

restricted to the actual project area and avoid spill over effects on the neighbouring areas.

In the same vein, there will be strict control of construction vehicles to ensure that they

operate only within the area to be disturbed by access routes and other works.

Advice from relevant departments will be sought before clearing any major tree species if

need arises.

6 Materials stockpiling &

storage

The stockpiling of construction materials should be properly controlled and managed.

Fine-grained materials (sand, marl, etc.) should be stockpiled away from any surface

drainage channels and features.

Low perimeter berms should be placed around the piles of sand and marl and/or

tarpaulin used to cover open piles of these materials to prevent them from being washed

away during rainfall.

Safe storage areas should be identified and retaining structures put in place prior to the

arrival and placement of material to limit fugitive dust.

Materials to be delivered on site in installments.



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7 Impervious surfacing &

paving – increased run

off.

Water runoff will be handled by construction and designing of curbs, channels, side inlets

and road side ditches to channel water into the main drainage lines. These must be

designed to prevent ponding and flooding of Kericho-Nakuru Road, Kimungu Road and

the adjacent properties.

All drainage lines will be kept open and no obstruction shall be built within these lines.

Standard concrete sidewalks to the building entrance and the backyard spaces between

the main building and perimeter wall will be abandoned in favour of grass verges. This

will facilitate percolation.

8 Timber scaffolding &

form support – forest

depletion

The use of local timber should be kept to a minimum with such sources being approved

by the relevant authorities such as Kenya Wildlife Service and the Forestry Service.

Steel scaffolding should be used in preference to timber and the Contractor should

ensure that sufficient quantities of scaffolding are available for hire at the time of

construction.

9 Roadside vending –

unsightliness & littering

The contractor should identify, demarcate and fence a specific area within which specific

number vendors will be allowed to operate. This location should be removed from the

side of the main road and, ideally, should be large enough to accommodate the workers

The vendors should be instructed to maintain the area in a tidy fashion and litter bins

should be provided with arrangements in place to have the contents of these emptied on

a regular basis and disposed of appropriately.

10 Liquid Waste Connect to KEWASCO sewer line

Advise tenants to install mini bins in rooms and advice patrons to only use soft tissue in

toilets to avoid blockage of sewer line

Prompt unblocking and repair of stalled sewer lines

Channel storm water appropriately to avoid mixing and outburst of sewer

11 Energy Loss Install an energy-efficient lighting system in the building

Maximize on use of natural light during the day

Switch off all light and equipment when not in use

Use energy efficient cooking stoves and gargets to conserve energy

Purchase essential items in bulk to cut on the number of trips to stockers

12 Water Loss Install water-conserving automatic taps, shower heads and toilets

Harvest rainwater from roof in an elevated tanks

Store adequate amount of water from the municipal supply



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Promptly fix damaged/leaking pipes, faulty taps and associated facility within the building

Sensitize workers and patrons on need for efficient utilization of scarce water resources

13 Fire Hazard and

Insecurity

Install firefighting equipment at convenient locations within the premise

Train employees on precautionary measures to avoid fire accidents

Fix damaged electrical systems and gargets promptly

Proper supervision should be ensured to avoid open fire

Fire disaster evacuation plan posters to be developed and posted appropriately

Provide for first aid facilities as per the OSHA

Ensure that the site is always guarded by a reputable security firm

Constant site patrol

Collaboration with existing security machinery

Partnership with neighbours and police in community policing

14 Exposure to above

normal heat and

suffocation

Ensure the kitchen is well ventilated


Occasional breaks to those exposed to heat waves

15 Vibration and Noise Appropriate dressing of workers which will include: ear muffs / plugs

Maintain excavation equipment in accordance to manufactures specifications to ensure

efficient operation

Noise and vibration will be kept at acceptable levels and construction/Excavation

activities confined to normal working hours

Compliance to the environmental management and coordination (noise and excessive

vibrations pollutions control) Regulations, 2009. Legal notice No. 61, 2009

Workers exposed to excessive noise and vibration –drivers of excavator - should work in

shifts with frequent breaks to minimize long hours of exposure

Excavation activities to be limited between 8 a.m & 6 p.m

Use of appropriate cushioning for heavy equipment

16 Occupation Accidents Ensure warning signs on road safety are erected at appropriate location during excavation

and transportation

Speed limit of transport vehicle to be kept low

Personnel training on workforce safety

Control access to working sites- Secure the work area

Plan stabilization and evacuation of the injured

Liaise with the district Occupation Health and Safety department to provide for



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appropriate induction training and regular updating of workers skills on occupational

health and Safety matters

Provide for appropriate signage and warnings at work site

Use personal protective equipment (PPE) to workers and any visitors


Provide and clearly display emergency contacts

Develop and implement a detailed and site specific emergency response plans

Firefighting emergency response plan to be prepared

Ensure availability of a loaded firefighting equipment

17 Dust and Air Quality Dampen work areas materials heaps and mulch bare ground to minimize dust emission

Maintain low speed in the rural access routes during transportation activities

Maintain equipment and machinery to manufacturer‟s specifications

Minimize period of machinery idling

Provide appropriate personal protective equipment to site workers

18 Increased storm water/

run off resulting from

the roof catchments and

as a result of decreased

recharge areas, after

pavement of most areas

i.e. fore court and drive

ways.

Sewerage and storm water drain systems should be properly designed (using

approved materials), installed and regularly maintained.

The surface drainage system should direct all potentially contaminated surface waters

from the service 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.

19 Visual Intrusion; likely to

occur during earthworks

for the foundation of the

project.

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.

20. Contamination of land;

due to oil spills and

leakages

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.

21. The health and safety of

workers and immediate

residents and neighbours

may be compromised

Workers should be provided with full protective gear (PPE) to beef up their health and

safety standards and they should be sensitized on health, safety and environmental

conservation aspects.

The site should be fenced off during construction to keep off animals and the general



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due to accidents,

pollution and disturbance

public.

22. Increased waste

generation (both solid

and liquid) during

construction and

operation phases.

Provision of sound waste management systems and procedures. This will involve

provision of solid waste collection bins; segregation of waste at source, appointing a

NEMA licensed garbage collector etc during operation phase.

During the construction phase, the contractor should put in place effective and efficient

waste disposal systems. Waste, including excavated soil and debris should be properly

disposed of by backfilling or dumping in approved grounds by the local council.

Disposal of used oil to recognized oil recycling firms or individuals

23. Electrical Safety An emergency power control switch will be strategically installed in order to facilitate

general power cut of the entire service station in case of emergency.

An adequately stocked “First Aid Box” will be provided and the service station

employees will be properly trained on how to administer first aid.



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Table of Contents

Similar Station Owned By the Company (Kisumu)Executive summary ................................................................ 1 1.0 Introduction ......................................................................................................................... 14 1.1 Definitions ........................................................................................................................... 15 1.4 Environmental Impact Assessment objectives ........................................................................ 17

1.4.1 General objective .......................................................................................................... 17 1.4.2 Specific objectives ......................................................................................................... 17

1.5 Project objectives .................................................................................................................. 17 1.6 Terms of reference ................................................................................................................ 18 1.7 Scope of the Environmental Impact Assessment .................................................................... 18 1.8 Methodology ........................................................................................................................ 18 1.9 Field visits ............................................................................................................................ 19

1.9.1 Literature review ........................................................................................................... 19 3.1.1 Climatic conditions. ...................................................................................................... 28

3 .1.2 Flora and Fauna ...................................................................................................................... 29 2.3 Socio-economic environment ............................................................................................... 30

2.3.2 Demography .................................................................... Error! Bookmark not defined. 3.4 Utilities and Services ............................................................................................................. 31 CHAPTER FOUR ........................................................................................................................... 34 4.0 Site description ..................................................................................................................... 34

4.2.0 Construction phase products, By-products and waste ............................................................. 36 4.2.1 Operational phase products, By-products and waste ........................................................ 38 4.2.2 Decommissioning stage ........................................................................................................ 38

CHAPTER FIVE ............................................................................................................................. 39 5.4 Public consultation ......................................................................... Error! Bookmark not defined. 5.5 Institutional survey ...................................................................................................................... 69 5.6 Field visit .................................................................................................................................... 39 5.7 Immediate neighbours comments ................................................... Error! Bookmark not defined. 6.0 Project alternatives. ..................................................................................................................... 40 6.1 Introduction ......................................................................................................................... 40 6.2 Project site............................................................................................................................ 40 6.3 Preferred option ........................................................................................................................ 41 6.5 No Project option ....................................................................................................................... 42 CHAPTER SEVEN ......................................................................................................................... 43 7.0 Legal, policy and administrative framework ............................................................................ 43 7.1 Legal Provisions.................................................................................................................... 43

7.1.1 The Environment Management and Coordination Act, 1999 ........................................... 43 7.1.2 The Environmental Impact Assessment and Audit Regulations, 2003 (Legal Notice No. 101)

43 7.1.3 Waste Management regulations, 2006 ............................................................................. 44 7.1.4 Water quality regulations, 2006 ....................................................................................... 44 7.1.5 Factory and Other Places of Work Act. ............................. Error! Bookmark not defined. 7.1.6 The Public Health Act ................................................................................................... 45 7.1.7 The Water Act, 2002 ............................................................................................................ 46 7.1.8 The Physical Planning Act, 1996 .................................................................................... 47 7.1.9 The Public Health Act .......................................................................................................... 47 7.1.10 Land Control Act Cap. 302 ................................................................................................. 47 7.1.11 The Local Government Act .......................................................................................... 48 7.1.12 Building Codes .............................................................................................................. 48 7.1.13 Registration of Titles Act: Cap. 281 ..................................................................................... 48 7.1.14 The Penal Code Cap. 63 ................................................................................................ 48



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7.2 Sector Environmental Policies ............................................................................................... 50 7.2.1 The New National Housing Policy ........................................................................................ 51 7.2.2 National Environmental Action Plan (NEAP) ....................................................................... 52 7.2.3 National Policy on Water Resources Management and Development ...................................... 52 7.2.4 Policy Guidelines on Environment and Development ............................................................ 53

CHAPTER EIGHT ......................................................................................................................... 56 8.0 Impact identification, evaluation and mitigation measures........................................................ 56 8.1 Potential impacts and the recommended mitigation measures .................................................. 58

Decommissioning stage ................................................................................................................ 65 CHAPTER NINE............................................................................................................................ 67 9.0 Environment, Health and Safety (EHS) ........................................................................................ 67 9.1 EHS Management and administration .......................................................................................... 67 9.2 The guiding principles to be adopted by the contractor ................................................................. 67 9.3 EHS management strategy to be adopted by the contractor ........................................................... 67 9.4 Safety requirement at the project site during construction and operation period .............................. 67 9.5 Emergency procedure during construction and operation. ............................................................. 68 CHAPTER TEN ............................................................................................................................. 69 10.0 Public consultation ................................................................................................................ 69 10.1 Methodology ............................................................................................................................. 69 10.2 Findings.................................................................................................................................... 69 CHAPTER ELEVEN ...................................................................................................................... 73 11.0 Environmental Management Action Plan ............................................................................... 73 CHAPTER TWELVE ...................................................................................................................... 83 12.0 Conclusion and recommendations ......................................................................................... 83



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ABBREVIATIONS AND ACCRONYMS

ATM Automatic Teller Machine

BS British Standards

BTS Base Transceiver Station

CAP Corrective Action Plan

CBS Central Bureau of Statistics

CP Cleaner Production

CCTV Closed Circuit Television

dBA Decibels

EA Environmental audit

EHS Environmental health and safety

EIA Environmental impact assessment

EMCA Environmental Management and Co-ordination Act

EMP Environmental Management Plan

EPI Environmental Performance Indicators

GOK Government of Kenya

IEA Initial Environmental Audit

ISO International Standards Organisation

KEBS Kenya Bureau of Standards

KEWASCO Kericho Water and Sewerage Company

LPG Liquid Petroleum Gas

LR Land Registration

MOE Ministry of Energy

MSDS Material Safety Data Sheet

MV Metric Volume

MWI Ministry of Water and Irrigation

NEAP National Environmental Action Plan

NEC National Environmental Council

NEMA National Environmental Management Authority

NPEP National Poverty Eradication Program

PABX Private Automatic Branch Exchange

PM Particulate Matter less than 10 microns

POS Point of Sale

PPE Personal Protective Equipment



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PRSP Poverty Reduction Strategy Paper

PVC Polyvinyl Chloride

UST Underground storage Tank

UN United Nation

Upvc Un-plasticized Polyvinyl Chloride

VAT Value Added Tax

WSP Water and Sanitation Programme



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CHAPTER ONE

1.0 Introduction

In the past, National Environmental Management was based on reactive policies which led to belated

measures that did not necessary save ecosystems from damage. Most measures only looked at resources

allocation and end products while waste management concentrated on the end -of -pipe waste treatment.

The understanding and appreciation that the environment constitutes the foundation of the National

social, economic and cultural advancement has made people re-focus on acceptable waste disposal,

reduction on waste generation and reduction on accumulation of waste generated, by re-use or recycling

whenever possible and rehabilitation of the affected areas.

Kenyan environmental policies were previously handled by different arms of government which made it

difficult for proper monitoring and implementation resulting into conflicts and duplication of duties. In

line with various International Protocols to which Kenya is a signatory, the government enacted the

Environmental Management and Co-ordination Act (EMCA), 1999. Environmental Impact Assessment

is one of the provisions of EMCA 1999 and Environmental Impact Assessment and Audit regulation

2003. The Act provided for the formation of National Environmental Management Authority (NEMA)

as the principle institute of government in the implementation of all policies relating to environment. This

Environmental Impact Assessment has been undertaken in accordance with the Environmental

Management and Coordination Act (EMCA) 1999, The Environmental Impact Assessment (EIA) and

Environmental Audit (EA) guidelines of year 2003 and The Environmental Management and

Coordination Act (waste management) regulations of year 2006.

It addresses compliance with (legal notice No. 101 which is a Legislative Supplement to the

Environmental (Impact Assessment and Audit) Regulations, 2003. The proposed development is a new

project that requires an Environmental Impact Assessment in conformity with the EMCA. The

Environmental Impact Assessment on the proposed development was conducted by experts accredited

by the National Environmental Management Authority (NEMA) of Kenya.

This Environmental Impact Assessment (EIA) was conducted with a purpose of identifying all the

impacts that may emanate in the different stages that will be undergone when implementing the proposed

project. The proposed project will deal with provision of petroleum fuel products, liquefied petroleum gas

(LPG) sale, tyre sales and repair, vehicle servicing, provision of affordable, modern housing and

commercial spaces. The project will provide further opportunity for the residents of Kericho Town and

the greater Kericho County. Key advantage will be the provision of Kerosene and LPG, which will in

turn reduce the amount of wood fuel and charcoal required for cooking and lighting. Impacts from this

project will be positive and negative. To quantify the various impacts, cost benefit analysis has been used

as an important tool in determining the implementation of this project. During the Environmental Impact



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Assessment process, the environmental experts introduced a mutual relationship through commitment,

participation and involvement between all the affected parties. The interested parties affected in this study

are the following;-

The proponent

The immediate neighbours

The Government of Kenya

The general public.

1.1 Definitions

Environmental impact assessment is a systematic examination conducted to determine

whether a proposed program, activity or project will lead to adverse environmental impacts. This

therefore leads to a consideration of the possible alternative and redesigning strategies to

mitigate/lower the effects towards the environment.

Impacts are the effects which are brought about by the proposed project activity on the

environment. This includes both the positive and negative.

Impacts Description: When the impacts have been identified it is necessary to assess their

significance. In this case, the environmental experts considered the following qualities.

Nature: This provides a description of the impacts.

Extent: This describes whether or not the impact would occur on a spatial scale that is

limited to the immediate area where construction is to take place or extends over a large

area.

Duration: This provides a prediction of whether the effects of the impacts will be short

term, medium term or long-term.

1.2 Legal frame work and administration of Environmental Impact Assessment (EIA)

The projects to be subjected to Environmental Impact Assessment (EIA) are specified in the second

schedule of the Environmental Management and Coordination Act (1999). Environmental Audit is also a

legal requirement under sections 68 and 69 of the Act. Strategic Environmental Assessment (SEA) aimed

at guiding implementation of policies, plans and program as well as groups of projects is also mandatory

under Part iv Sections 37-41 of the Act. Besides the schedule activities, the Act empowers the Minister

for the time being responsible for environmental matters, to prescribe for Environmental Impact

Assessment (EIA) appraisal and any other activity which in his view may cause significant adverse

environmental impacts.

NEMA is ultimately responsible for issuing, verifying or canceling Environmental Impact Assessment

licenses. NEMA is also responsible for coordinating powers in all public and private sectors. However,



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each sector plays a role in the implementation of the EIA guidelines. This requires the establishment of

Environmental Liaison Units (ELU‟s). Each sector is responsible for the costs of maintaining their ELU.

For the purpose of overseeing implementation of the Environmental Impact Assessment (EIA)

guidelines at provincial and district levels, NEMA has set up environmental committees. These

committees are close allies and strong partners at the local levels and are empowered in the Act.

The project approval process will involve decision-making at various levels and the necessary

authorization will be given once all Environmental Impact Assessment (EIA) requirements have been

fulfilled and accepted by NEMA and the relevant lead agencies. The Environmental Impact Assessment

(EIA) license will be issued when NEMA are satisfied that an Environmental Impact Assessment (EIA)

has been satisfactorily conducted and an Environmental Management Plan (EMP) developed. Any

complaint regarding compliance with Environmental Impact Assessment (EIA) requirements which

NEMA may not resolve will be subject to a review by the Environment Tribunal, with the provisions to

bring proceedings in a court of law where necessary, for judicial review.

1.3 Institutional framework

The National Environment Management Authority (NEMA) was established under the Environmental

Management and Co-ordination Act (EMCA) of 1999 and came into force in January 2002. It started its

operations on July 2002. NEMA was established to supervise and co-ordinate all matter relating to the

Environment and implementation instrument of all policies relating to the Environment in Kenya.

The establishment of the Environmental Management and Co-ordination Act (EMCA) 1999, led to the

formation of various other structures for the implementation of the Act provisions. They include;-

National Environmental Management Authority (NEMA)

National Environmental Council (NEC)

Provision and District Environmental Committees (PECs/DECs)

National Environmental Action Plans Committees (NEAPC)

National Environmental Tribunal (NET)

Standards Enforcement and Review Committees (SERC)

Technical Advisory Committee (TAC)

Environmental Impact Assessment (EIA) is a legal requirement stipulated in section 58 of the

Environmental Management and Co-ordination Act, 1999 which states that all policies, projects, program

and plans as shown in schedule two must be subjected to Environmental Impact Assessment (EIA).

Likewise an Environmental Impact Assessment (EIA) license should also be obtained from National

Environment Management Authority (NEMA) before commencement of the project.



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The Environmental Impact Assessment and Audit regulations of 2003 states that no licensing authority

under any law in force in Kenya shall issue a license for any project for which an environmental impact

assessment is required under the Act unless the applicant produces to the licensing authority a license of

Environmental Impact Assessment issued by National Environment Management Authority (NEMA). It

also states that no licensing authority under any law in force in Kenya shall issue a trading commercial or

development permit or license for any project, activity likely to have cumulative significant negative

environmental impacts before it ensures that a good Environmental Management Plan is compassing the

mitigation measures put in place and approved by National Environment Management Authority

(NEMA).

1.4 Environmental Impact Assessment objectives

1.4.1 General objective

The main objective of undertaking this Environmental Impact Assessment was to ensure that the

proponents/developers of the proposed development find a workable synthesis of the economic relations

and environmental realities. In other words, to ensure that environmental concerns are integrated in all

the development stages of the facility.

1.4.2 Specific objectives

To assess the relative importance of the impacts to alternative plans designs and sites.

To identify and predict all the potential and anticipated adverse environmental impacts from

the proposed development activities.

To work as a team and come up with measures which can be put in place as remedial for the

identified impacts or preventive actions for the anticipated ones.

To formulate an Environmental Management Action plan which is expected to guide the

developer in achieving the goals of sustainable development.

1.5 Project objectives

The main objective of the project is to construct a petrol service station with seven diesel, petrol and

kerosene pumps accompanied by their relative storage tanks. The premise will also be provided with

parking space, carwash, service bay, tyre sales and repair, toilets, stores, shop, offices for various

personnel, control and generator room. In this respect, the developer intends to meet the following

objectives;

To generate income for the proponent and all parties involved in its construction and during

operation.

To create employment opportunities



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To promote secondary development

1.6 Terms of reference

The Environmental Impact Assessment on the proposed development was conducted as a result of an

agreement signed between the Environmental Experts and the management of the proposed project. It

was conducted according to the;

Environmental Management and Coordination Act (EMCA) of 1999

Environmental Management and Coordination (Waste management) Regulation of 2006 and the

Environmental Impact Assessment and environmental audit regulations of the year 2003.

The report was then submitted in its complete form to the management of the proposed project and to

NEMA for review.

1.7 Scope of the Environmental Impact Assessment

This involved the identification of all the areas that could yield useful Environmental Impact Assessment

information by use of various Environmental Impact Assessment methodological tools. In this project,

the experts considered both the external and internal premises. The EIA project report includes an

assessment of impacts of the construction and operations on the following:

A review of the policy, legal and administrative framework

Description of the proposed project

Baseline information (Biophysical and Socio-Economic environment)

Assessment of the potential environmental impacts of the proposed project on the biophysical,

socio-economic and cultural aspects.

Development of the mitigation measures and future monitoring plans.

Occupational Health and Safety (OHS)

The study also assesses the impacts of the proposed development on the environment in

accordance with Environmental Management and Coordination Act, of 1999 and the subsequent

Environmental (Impact Assessment and Audit) Regulations, 2003.

1.8 Methodology

During the Environmental Impact Assessment period, the experts considered attributes of several audit

tools before selecting questionnaires, structured interviews, site assessment and use of secondary data as

the best methods. Some of the factors considered include;

Tools that could give detailed information.

Nature and sources of issues being addressed.

Target group.



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Experience when conducting other environmental impact assessment study.

1.9 Field visits

Field visits were conducted in the study area in order to collect site - specific information on the

biophysical and socio-economic environment and to cross-check the secondary data compiled during the

desk study.

1.10. Environmental Management Planning Stage

Following identification of the nature and scale of potential impacts of the proposals, the ability of these

impacts to be reduced or eliminated was considered. This involved the development of suitable mitigation

measures which included recommendation of design and technology or additional protection measures.

The preparation of an environmental plan to implement mitigation measures and monitoring

recommendations has also been undertaken as part of the project report.

1.11 Literature review

A desk study was conducted to review available reports, development plans and maps in order to compile

relevant bio-physical and socio-economic information about the study area. The bio-physical information

was compiled on environmental aspects such as topography, climate, drainage, soils

geology/hydrogeology, vegetation cover among other environmental aspects. The socio economic

environment study covered information on issues such as population, the dimension of well being and

income levels, water supply and sewerage, sanitation levels, changing social networks, infrastructure

developments and community participation.

1.12 Importance of the Environmental Impact Assessment

The proposed project will involve change of land use. This will result to production of solid waste inform

of dust, broken stones and debris. If these wastes are not properly handled, they can lead to serious effect

to the neighbouring communities and any other person working or visiting the petrol station. The

Environmental Impact Assessment is justified by the fact that adverse impacts are foreseen before they

happen, proper mitigation measures identified and advocated to be put in place, and the neighbours are

consulted and made part of the decisions making team.

1.13. Duties of the Proponent

This section emphasizes the duties of the proponent and contractor during the construction phase as well

as the operation phase of this project. It will be the duty of the proponent to ensure that all legal

requirements as pertaining to the development are met as specified by the law.



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1.14. Duties of the Contractor

The contractor has an obligation to;

Prepare and maintain an approved time and progress chart, showing clearly the period allowed

for each section of the work

Comply with all regulations and by-laws of the local Authority including serving of notices and

paying of the levies where necessary.

Ensure that only security personal are on site during the night, public holidays and any other time

when no work is being carried out onsite and never should a labourer camp be allowed onsite.

Make good at his own expense any damage he may cause to public and private roads and

pavements in the course of carrying out his work.

The architect shall define the area of the site, which may be occupied by the contractor for use as

storage, on the site.

Make his own arrangement for sanitary conveniences for his workmen. Any arrangements so

made shall be in conformity with the public health requirements for such facilities and the

contractor shall be solely liable for any infringement of the requirements.

Be responsible for all the action of the subcontractor in first instance.

Take all possible precaution to prevent nuisance, inconvenience or injury to the neighbouring

properties and to the public generally, and shall use proper precaution to ensure that safety of

wheeled traffic and pedestrian.

All work operations, which may produce under level of noise, dust vibration, or any other

discomfort to the workers and/or guest of the client must be undertaken with care, with all

necessary safety precautions taken.

Workers will be picked from elsewhere and transported through the main entrance to the internal

perimeter of the project site.

Take all effort of muffle the noises from his tools, equipment and workmen to not more than 85

Decibels

Shall upon completion of working, remove and clear away all debris and unused materials and

shall leave the whole of the site in a clean and tidy state to the satisfaction of the Architect.

He shall also remove from the site all rubbish and dirt as it is produced to maintain the tidiness

of the premises and its immediate environs.

The standard of workmanship shall not be inferior to the current British codes of practice and

/or the Kenya Bureau of Standards where existing.

Ensure that no materials for use in the permanent incorporation into the works shall be used for

any temporary works or purpose other than that for which it is provided.



21

Similarly, no material for temporary support may be used for permanent incorporation into the

works.

All the materials and workmanship used the execution of the work shall be of the best quality

and description .Any material condemned by the architect shall be immediately be removed from

the site at the contractors cost.

1.15 Project cost

The project budget is estimated at Ksh 9, 679,815.00/= (a bill of quantities has been attached)



22

CHAPTER TWO

2.0 PROJECT DESCRIPTION

The design concept and criteria for the project were developed in accordance with the general guidelines

and standards used in the design of petrol station and allied infrastructure in Kenya and are in line with

international standards for best practice. Most of the items and materials to be used in this project will be

obtained from the proponent‟s hardware based in the town and other locations around the country.

2.1. Design Criteria

The project comprises construction of a petrol station, a commercial block and residential block. The

facilities have been presented in the architectural plans attached. The design of the project has been

executed with due consideration of the existing topography of the proposed project site. In addition,

measures have been taken to ensure that the existing landmass, strata and vegetation is least disturbed

during construction phase. In general, the design of the project will optimize use of the best available

technology to prevent or minimize potentially significant environmental impacts and to incorporate

efficient operational controls to ensure high level business and environmental performances.

2.2. Project Description

The proposed project will involve removal of top soil and vegetation and the leveling of the site.

Excavation to facilitate the laying of foundations and underground tanks shall also be done. There will

also be transportation of construction materials and associated wastes to and from the site respectively.

The conclusion of the construction phase will be the establishment of a petrol station, a commercial

block and residential block. Since the change in the land surface will impact on the storm water flows,

adequate drainage system will be put in place. The design of the project has been executed with due

consideration of the existing topography of the proposed project site. In general, the design of the project

will optimize the use of the best available technology to prevent or minimize potentially significant

environmental impacts associated with the project.

The facilities to be provided within the station include;

No. Facility Number

1. Offices/reception 4

2. Canopy 1

3. Cabro paved Forecourt 1

4. Water storage tanks 2

5. Dispensing pumps 5

6. Product lines 5

7. Vents pipes / ducts 3



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8. Air Compressor 1

9. Service bay 1

10. Changing room 1

11. Generator and compressor room 1

12. Oil interceptor 1

13. Tyre centre 1

14. Store 1

15. Gas racks 1

16. Staff &

customer toilets

Ladies 1

Gents 1

17. Dispensers: Low Sulphur Diesel 2

Unleaded Super 2

Kerosene 1

18. Underground

Steel storage

tanks

Mild steel UST/horizontal-un leaded premium 1

Mild steel UST/horizontal- Low sulphur Diesel 1

Mild steel UST/horizontal- Kerosene 1

Other features related to the proposed project include:

Landscaped area where signage‟s will be placed

The ground will have a gradient that allows drainage towards the storm drainage.

Other equipment proposed to conform to the KEBS and BS standards

The station construction material should be of the right fire rating.

There will be adequate provision for safety measures within the station including facilities such as

sand buckets, fire blankets, horse reel, water and carbon dioxide fire extinguishers

The technology used in the constructions of the station facilities will be based on international

standards, which have been customized by various stations in Kenya.

The station will be provided with facilities for drainage of storm water from the roof through

peripheral drainage systems into the public storm water drainage system.

All the fuel dispensers on the site to be approved by the weights and measures department and

have their seals intact before operation.

The underground tanks to be located on the forecourt and have manholes for product offloading

and dipstick checks.



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The facilities to be provided within the 4 storey Commercial Block will contain;

No. Facility Number

1. Basement 1

2. Parking 1 on the ground floor

3. Lift Shaft 1

4. Lift 1

5. Washrooms 2 on each floor

The facilities to be provided within the 4 storey Residential Block will contain;

No. Facility Number

6. Parking 1 on the ground floor

7. Complete family unit 3 on each floor

8. Bedrooms 2 on each family unit

9. Kitchen 1 on each family unit

10. Lounge 1 on each family unit

11. Water Closet 1 on each family unit

12. Bathroom 1 on each family unit

13. Stair case From ground floor to top floor

14. Lift Shaft 1

15. Lift 1

16. Perimeter wall and gate -

2.3 Design Specifications

The Station

The technology used in the design and development of the project will be based on international

Standards, which have been customized by various petrol stations development in the country. The

project will consist of facilities as presented in the architectural drawings in the appendix. The station will

be constructed as per the respective structural engineer‟s detail as provided for in the structural plan.

Basically, the building structures will consist of concrete appropriately reinforced with metal (steel and

iron). The roof will consist of pitched roof with GI roofing sheets. The station building will have a

dressed quarry stone exterior finishing and interior plaster and wall paint finish.

There will be adequate provision for safety measures within the station including facilities such as water

and carbon dioxide fire extinguishers. The station will be provided with facilities for drainage of storm



25

water from the roof through peripheral drainage systems into the storm water drainage channels.

Drainage pipes will be of the PVC type and will be laid under the buildings and the driveway encased in

concrete. The station building will have adequate natural ventilation through provision of permanent

vents in all habitable rooms, adequate natural and artificial light, piped water stored in water tanks.

The Commercial and Residential Buildings

The proposed commercial and residential developments have been designed to be storey buildings of

four levels each on reinforced concrete strip foundation and floor slab. The commercial block will have a

basement. The walls of both buildings will be of concrete blocks reinforced with concrete beam. All

concrete works are in the reinforced class 20/20 mm and all the reinforcement to B.S. 4461. The roof

structure is second grade cypress roofing material of clay tiles on timber buttons. Doors will be of steel

casement besides flush doors to external door openings while windows are of steel casements with 5 mm

clear glass. Floors will be finished with cement and sand screed and terrazzo finished in wed area. Walls

will be plastered and painted internally and neatly keyed and pointed on walls externally. The residential

block will be surrounded by a fence erected with building stones and concrete slab and one gate fixed on

the front of the premise. The commercial block will not be fenced as it be fronting the station and will

also act as the stations commercial block.

2.4. Infrastructure

2.4.1. Three Underground storage tanks (USTs)

These will be constructed from rolled carbon steel plate, welded together and meeting requirements of

Kenya Bureau of Standards (Kebs). All tanks will be double walled and constructed within a leak proof

reinforced concrete containment wall to prevent seepage of petroleum hydrocarbons to the regional

ground water.

2.4.2. Underground piping system

A flexible, non-metallic, continuous pipe work system will be used to connect each UST to the associated

dispenser. The product lines will be buried underground. The Proponent is advised to undertake

Integrity tests on the lines whenever there are indications that they are leaking.

2.4.3. Acceleration and Deceleration lanes

The project site will have acceleration and deceleration lanes along the Kerich-Nairobi road.

2.4.4. Pumping system

The product lines will be positive pressure types, with a submersible pumping system installed in each of

the fuel storage tanks. All submersible pumps will be fitted with “red jacket” lead detectors, which

operate by detecting any loss in pressure within the pipeline. The submersible pump system also provides



26

flexibility in locating the USTs. There will be a canopy with 4 dispensing pumps under it (2 for low

sulphure diesel, 2 un-leaded premium. 1 kerosene dispensing pump will be outside the main canopy but

under an island canopy.

2.4.5. Storm water run-off and sewage.

There is storm water drain running in front of station to which storm water from the station will drain

out efficiently after an interception of an oil interceptor. The station‟s drainage system will consist of

the canopy drainage channels, storm water grated channel and waste water drainage channel. The

canopy drainage channels will drain rain water from the canopy to the forecourt where it will flow

to the road side public storm water drain via the OWS.

Wastes from the toilet and other sanitary facilities will be directed to the public sewer system developed in

the area.

2.4.6. Oil interceptors

Shall have the following characteristics;

Three chambers, primary, intermediary and final

Mud catch-pit at the inlet with grease traps and gratings

A gate valve at the outlet

Connection to the storm drain along Kericho-Nairobi road.

2.4.7. Dispensers

All dispensers will be fitted with emergency shear valves and the dispenser hoses will have a cut-off

system. In the event that a dispenser is overturned or knocked over, the emergency shear valve will

automatically shut off the pipeline. There will be ample clearance around the valve body to ensure that

the normal functioning of the valve is not impaired.

2.4.8. Electrical System

The electrical switchboard will be placed inside the control room. All wiring to the pumps and dispensers

shall run underground from the switchboard to a flameproof junction box, located inside the pump

cabinet. A clearly identified and easily accessible electrical switch or circuit breaker will be installed some

distance away from each pump/dispenser to allow for immediate shut down in an emergency.

The site will be connected to the national electricity grid (Kenya Power Company) and will be used in all

phases of the project. The necessary guidelines and precautionary measures relating to the use of

electricity shall be adhered to. A standby generator will be provided.



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2.4.9. Fore Court

The forecourt area will have four pump/dispenser islands which will be adequately covered by a

canopy. The canopy will be made of iron while its supports made of steel. Bollards will be erected at

every canopy support to protect them from vehicle collision. The forecourt surface will be made of

interlocking blocks. The drive ways fronting the Kericho-Nairobi Highway have good visibility thus

facilitate easy ingress and egress of the station.

2.4.10. Vents/ Breathers

The USTs will be connected to free standing vents which discharges fumes to the air.

2.4.11. Office Building Block

The office building block will be a flat roof building which will house two offices, a lubricant mart, store,

changing room, and staff toilets.

2.4.12. Service Bay

The Station will construct a service bay for providing vehicle maintenance services mainly changing of

engine oils. The bay will have a canopy over it and a service pit. Its walls as well as those of the

service pit will be finished with ceramic tiles.

2.4.13. Air Compressor

The station‟s air compressor will be installed with proper machine guard around air receiver which will

slope towards the drain cork. The compressor‟s maximum pressure red line will be correctly placed and

pressure Actuator cut off at the mark. The air receiver will be fitted with safety relief valve.

2.4.14 Generator

A standby generator will be housed in a generator room.

2.4.15. LPG Cylinders

The Station will retail LPG packaged in cylinders of 6, 13kg. The cylinders will be well secured in racks

placed outside the office building.



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CHAPTER THREE

3.0 Baseline information on the potentially affected environment

Considerations were given to the prominent environmental parameters that are within a radius of 5 km

from the project location. This would assist in monitoring the changes that the intended project may

cause to the existing environment in future appraisals. Nevertheless, possibilities for effects being felt in

areas beyond the extent/scope of the report are also considered especially on sensitive water ecosystems,

fauna and biota. Brief overviews of the physical, ecological and social economic environment are given in

relation to the project activities and the resultant impacts.

3.1 Physical Environment Kericho is a Kenyan County located in the south-west of the country, located within the highlands west

of The Kenyan Rift Valley. The capital of the county is Kericho town. Both site visits and literature

review on the various biophysical characteristics of the area have been given for consideration. The

proposed construction will take place on plot L.R No. 631/1183, GPS coordinates X: 35.293730, Y:

0.363278, elevation; 2053.5, Kericho Municipality, Kericho County. The proposed project will at Kericho

Town along Kericho-Road road in Kericho County. The proposed project will be located within the

neighborhood of other businesses/commercial zone. A similar development exists next to the proposed

station (shell Petrol Station).

3.2 Existing Site Development

Currently the proposed site is used as a godown by the hardware. There are heaps of sand, ballast, stock

piles of timber and metals on site. It contains temporary iron sheet strutures used as offices and houses by

some staff members, a high level water tank, foul water sewer, perimeter fence, and storm water drains.

Industrial management has seen a tremendous growth in the last few decades in Kenya. However,

industrial growth and development has continued to exert pressure on environmental resources from two

main fronts. One is the pressure exerted through extraction of raw materials from the environment and

secondly the discharge of waste into the environment. Industrial development has seen a shift in waste

management from passive to reactive and presently a push towards cleaner production strategies to

address sustainable industrial development. In this respect, the site preparation for construction will see

to it that extraction of existing components will be put into sustainable environmental cycles. Waste

management will be carried out with applications of reducing, reusing and avoiding landfills.



29

Table 3.1 below shows properties of the components to be dismantled or evacuated from the existing

structures and responsibilities for their disposals-.

Table 3.1: Properties of existing structures and their disposal handling.

Component Material Responsibilities for Disposal

High & ground level

water tank unit,

plastic proponent, Contractor. (Reuse,

conversion, sale, etc.)

Iron sheet structures Irone sheets, timbers proponent, Main contractor

(Demolition, re-use)

Electricity fittings Wiring sell, Main contractor (reuse,

conversion, Sale)

Masonry workshop

structures

Masonry, wooden structures,

windows, iron sheets

Main contractor (Demolition, salvage for

road fills during construction, sale, reuse)

The contractor will make decisions based on recommendations from the proponent.

3.3 Climatic conditions.

The district experiences highland sub-tropical climate with moderate temperatures, low evaporation rates

and high rainfall in lower areas, and high temperatures, high evaporation and low rainfall in the upper

highland areas. The District receives conventional type of rainfall influenced by altitude. The district is in

the upper midland zone, which lies to the west of Rift Valley, and experiences uniform rainfall. Rainfall is

well distributed except during the short dry season in January and February. The wettest months are April

and June, though there is no real break between the short and long rains in the whole District. The total

annual rainfall ranges from 1,700mm to 2020mm per annum.

Temperatures range from about 16ºC to about 20ºC. The coldest month is usually July with an average of

16.6ºC, while the hottest season starts from around December to February with temperatures ranging

from about 16.8ºC to 18.6ºC. Temperature variation in the District is caused by varying altitude levels and

the rate of removal of cover.



30

3 .4. Soils

The district‟s geology is characterized by volcanic as well as the igneous and metamorphic complexes. The

district is predominantly underlain by tertiary (phonolites) and intermediate igneous rocks. A small part of

the district is dominated by undifferentiated basement system rocks (granites), volcanic ash admixture and

other pyroclastic rocks. The rock formation in the district has fostered exploitation of ballast, building

stones and sand and thus making the district self-reliant in these building rocks. Vegetation cover helps to

reduce soil erosion despite the gentle rolling topography of the district.

3 .5. Agro ecological Zones

Kericho is in zone 111. This zone occurs mainly at elevations between 900-1800 m with a annual rainfall

between 950 and 1500 mm. Trees are numerous here and somewhat of shorter stature than in Zone II.

This zone is the most significant for agricultural cultivation and several legume fodders are found here in

crop-livestock systems. It is also the most resettled by human. It occurs in the vast parts of Nyanza,

Western and Central provinces, good proportion of Central Rift-Valley (Nandi, Nakuru, Bomet, Eldoret,

Kitale) The major grasses are Hyperenia and Cymbopogon, Themeeda triandra, Panicum maximum, Seteria

Sphacelata, Sporobolus pyramidalis, Bracharia brizantha (Congo signal), Bricharia siluta, Chloris gayana (Rhodes grass)

and Cynodon dactylon (Star grass).

3 .6. Socio-economic environment

Most of the economic activities within Kericho town and its environs revolve around Agriculture. With a

high altitude and virtually adequate rainfall, it is the country's leading tea growing zone with a high

concentration of tea factories.

The County ranks highly among the highest potential agricultural Counties in the country. Out of the

total land area of 2,439 sq. Km, 2,195 sq. Km (90% total land area) is cultivable land. The County can be

classified into three zones, viz a viz, high, medium and low potential zones.

The high potential zone occupies about 52.2 % of the county area and covers most of the Northern parts

of the County (Kipkelion) and the central sections of (Belgut, Ainamoi and Buret).

The North area is suitable for growing wheat, horticulture and Floriculture, pyrethrum and maize and

dairy farming, while the central section is mainly a tea zone, and pineapples besides growing pyrethrum,

maize and keeping dairy cattle and the newly introduced Stevia crop.

The medium potential zone measures about 27 % of the total county area and covers the North-Western

parts of Kipkelion constituency covering the rocky highlands below Tinderet forest and bordering

Kisumu County in Nyando at Fort-Ternan.



31

This area is suitable for growing coffee and maize and for both beef and dairy farming. Towards the

South, the zone stretches along the Western sections of Belgut and Ainamoi where maize, Stevia,

horticultural crops and sugar cane area grown.

It is also home to a number of multi-national tea companies operating in the area including Unilever

Kenya Tea, Williamson Tea and James Finlays Ltd, the leading producer and exporter of instant tea in the

world and Kenya Tea Packers limited (Ketepa).

Kericho residents are mostly Christians. The most widespread church is the Africa Gospel Church,

affiliated with The World Gospel Mission of the USA. The church has the biggest church in the district in

the town (Immanuel AGC) and heart centers at Cheptenye, Chepkutung, Keongo, Kipkelion, Londiani,

Kabianga and Kaptebeswet.

The other churches present in the district include AIC, Catholic Church, Anglican Church, SDA, Full

Gospel and a host of Independent churches. Kericho is also home to Africa's largest Gurudwara or Sikh

place of worship. It is a monument, dedicated to the memory of "Baba Puran Singh Ji of Kericho" who

was the founder of the international charitable organisation, Guru Nanak Nishkam Sewak Jatha which

promotes the spirit and practice of selfless service ("nishkam sewa") in the name of Guru Nanak Dev Ji,

the founder of the Sikh faith. The site has been gazetted by the Government of Kenya as a place of

spiritual significance. Kericho also holds the Muslim faith with at least two mosques. There is also a

Hindu population as well as a congregation of Jehovah's Witnesses.

The proposed Project site largely commercial. The Plot is bordered by the Jehova Witness church on one

side and shell petrol station on the other.

3.7. Utilities and Services

1. Water supply

Taped water is also readily available courtesy of the KEWASCO and the proponent can access it by apply

to the municipality relevancy water agency.

2. Sewerage

The area is served by KEWASCO sewerage system.

3. Storm water drainage

Storm water in the project area was planned for in form of open drains along the road.

4. Roads

Kericho has a comparatively good transport network. Road is the main mode of transport to and around

the district. Three main highways lead to the town of Kericho; the Nakuru-Kericho, the Kisumu-Kericho



32

and the Kericho-Kisii highways. An alternative route to Kericho would be Nakuru-Njoro-Molo-Kericho,

a road that is in good condition. The Nakuru-Eldoret highway is being recarpeted, from the Total

Junction all the way to Kisumu it is in an excellent state. The district has direct bus (matatu) links to the

cities of Nairobi, Mombasa, Nakuru, Kisumu, Eldoret and the towns of Kisii, Molo, Bomet, Litein, Sotik

and Narok.

Rail transport is available from Kipkelion, Londiani and Fort-Ternan stations, the main agricultural hubs

within the district. Air transport is also available, through chartered light aircraft from Wilson Airport,

Nairobi. The district's main airstrip is Kerenga Aerodrome, 5 km south-west of Kericho town. There's

also a good landing place in James Finlay tea estates.

The project site is along the Kericho-Nairobi Road next to shell petrol station.

5. Electricity

The Kenya Power and Lighting Company electricity power lines pass through the area.

6. Solid waste management

Waste in the project area will be collected onsite and disposed at designated areas. Waste collection will be

undertaken privately by contracted garbage collectors.

7. Telecommunication and media

Kericho has a good communication infrastructure. The town is home to one of the only 2 satellite earth

stations, the only available international link for Kenya. It is also served by fibre-optic cable. The district

is well covered by the fixed line operator Telkom Kenya and the 4 mobile operators Yu, Safaricom, Airtell

and Orange, all offering voice and data services. The district is served by all major local TV stations. KBC

is still widely watched. Other channels are Kass TV, KTN,K-24, NTV, Citizen TV, Family TV, STV and

Sayare. All FM station broadcasting from Nairobi are also available including Capital, Easy, Kiss 100, One

FM, Venus FM, Classic, Family, Hope, BBC, Citizen, KBC etc. Local stations include Kass FM, Chamgei

FM, KBC Kisumu, Radio Injili 103.7 FM (A FULLY owned Christian Radio Station), & Sayare Radio.

Light and Life 107.3 FM, Sema Radio and The Just FM.

3.8. Materials

All major materials to be used in the construction are quantified in the architectural design. They include;

Building stones

Sand and gravel

Cement



33

Ceramic wall and floor tiles

Steel bars, sheets and rods

Wood and timber

Water pipes and fittings

Electricity wiring and fitting



34

CHAPTER FOUR

4.0 Project Activities

The project is expected to generate a variety of products, by-products and wastes during its contraction

and operational phase. The characteristics of the products, by-products and wastes, followed by an

analysis is provided in this section. It is expected that during the construction phase of the project various

gaseous, liquid and solid wastes including dust emissions, construction materials, fuel spills and noise will

be generated. During the operational phase wastes fuel spills, liquid and soil wastes, air emissions, noise

and odours are expected. Subsequently, it is expected that the aforementioned products and by-products

will lead to generation of different types of wastes which will require ESM (Environmentally Sound

Management) disposal methods.

4.1 Description of the construction activities

4.1.1. Site preparation

Clearing of unwanted vegetation, marking the boundaries and fencing, to secure the site.

4.1.2. Sourcing and transportation of building, materials

Building materials will be sourced and transported to the project site from their extraction, manufacture

or storage site using transport tracks. While the sourcing of the materials will be done from the

proponents hardware stores and neighboring areas, great emphasis will be laid on procurement of

material from the local area which will make both economic and environmental sense as it will reduce

negative impacts of long distance transportation of material to the project site, saving a lot of money and

boosting economy of the region. In case where materials are not available locally or nationally, they will

be sourced oversea and transported by an appropriate means to the construction site.

4.1.3. Storage of materials

Building materials will be stored at the site where bulky materials such as rough stones, ballast, stones, and

steel will be carefully pilled on site. To avoid pilling large quantity of materials on site, the proponent will

order bulky materials such as sand, gravel, and stones in bits. Materials such as cements, paint and glasses

among others will be stored in a temporary storage structures which will be constructed within the project

site for this purpose.

4.1.4. Excavation and foundation work

Excavation will be carried out to prepare the site for construction of foundation, basement, pavement,

USTs and drainage system. This will involve the use of heavy earthmoving machinery as tractors and

bulldozers. The ground is a steep slope and therefore excavating the whole of the structure site will be

uneconomical and environment unfriendly, as such the ground will be excavated to form steps as shown

on the site plan. This will reduce the cost of construction, disturbance to soil profile and its biota and the



35

amount of waste to be generated from the excavation work. Approved anti-termite will be applied before

work commenced and approved dump proof course (D.P.C.) will be provided under the walling.

4.1.5. Underground storage tanks installation and pipe works

The installation of USTs will involve, excavation works, formation of the anchorage concrete saddles,

lowering the tanks and application of protective surfacing materials on the tank shells. Tanks shall then be

backfilled using sand or any other approved materials. Abstraction and fill manholes shall be constructed

over. The fuel conveyance pipeline and vent pipes shall be re-laid in masonry wall ducts from the tanks

manholes to the respective terminus at the dispensing pumps, off-loading points and the vent up-stand

pipes respectively.

4.1.6. Masonry, concrete works and related activities.

The construction of the building walls, foundation, floor pavement, drainage system, and perimeter

fencing among other component of the project will involve a lot of masonry works and related activities.

General masonry and related activities will include, concrete mixing, plastering, slab construction,

construction of foundation, and erection of building walls and curing of fresh concrete surfaces. These

activities are known to be labour intensive hence will be supplemented by machinery such as concrete

mixers and bulldozer.

4.1.7. Roofing and sheet metal works

Roofing activities of the commercial and residential blocks will include sheet metal cutting, raising the

roofing such as tiles and structural timber to the roof and fastening the roofing materials to the roof.

4.1.8. Plumbing

Installation of pipe work for water supply and distribution will be carried out within the buildings. In

addition, pipe work will be done to connect and drain the sewage from the premises to the council sewer

line and for drainage of storm water from the roof top into the peripheral council‟s storm drainage

system. Plumbing will include metals and plastic cutting, the use of adhesives, metal grinding and wall

drilling among others.

4.1.9. Landscaping

To improve the aesthetic value and visual quality of the site once construction is complete, open places

will be landscaped by the contractor. This will include ground leveling and establishing flowers gardens

and lush grass lawns so as to replenish the top soil and improve the visual quality of the site. Locally

available indigenous species will be given first priority in landscaping unless where it unavoidably calls for

exotic species.



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4.2. Construction phase products, By-products and waste

During the construction phase of the project, it is envisaged that the following products, by-products and

waste will be generated:

Particulate matter (dust emissions) arising from excavation and decommissioning activities at the

proposed site and bulk receipt of construction materials such as ballast.

Toxic gaseous emissions from various construction activities especially construction machinery

and equipment which may emit VOCs, for instance, lead, sulphur oxides, carbon monoxide and

nitrogen oxides.

Timber, polythene sheeting and nails arising from the formwork that will be used to contain

various concreting activities.

Excavation material including polythene and plastics

Waste paint and solvents

Oily Waste

Fugitive oil spills arising out of improperly serviced trucks or non-servicing of trucks and

construction equipment.

Noise arising from the use of various types of equipment during the construction phase.

Human effluent/wastes, for instance, polythene wrappers for food, excreta from construction

workers on the proposed site

Pungent odour emanating from spilt oil and organic decomposition of accumulated wastes

Proliferation of disease vectors thriving on stagnant water and uncollected wastes

4.3.0 Description of Activities during the Operation Phase

4.3.1. The Petrol Station.

The station once operational will provide several services including; Re- filling the storage tanks, Vehicle

refueling, Vehicle servicing, Shop for fuel related commodities Vehicle tyre repairing, Retail sale of LPG,

lubricants and other vehicle related products.

4.3.2. Residence

The main activity of the Residential Block during the operation stage will majorly be use of the facility by

various individuals as residence.

4.3.3. Office Space

The main activity of the Commercial Block during the operation stage will majorly be use of the facility

by various groups‟ organization and individuals as office space for their operations.



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4.3.4. Underground fuel storage and handling

This will include offloading of fuel by tankers and filling the storage tanks.

4.3.5. Oil interceptor

This will include regular skimming of oil receptors in the interceptor.

4.3.6 Forecourt operations

Activities on the forecourt will mainly be vehicle refueling and related services.

4.3.7 LPG and other related products

The following items will be stored: LPG, Lubricants, Battery water, Brake fluids, Greases, Air, fuel and oil

filters.

4.3.8. Car parking

Those who will be staying and the residential block and operating from the commercial block with their

vehicle will have them parked at the car park designed for this purpose within the premises. The car park

will be private and not commercial hence it will not be opened to the public who will not be having any

business within the premises. There will be no other activity at the car park other than car parking. Car

repair and other vehicle related activities will be done at appropriate places within the station.

4.3.9 Solid waste

The proponent will provide facilities for handling solid waste generated within the proposed

developments. These will include a refuse storage section for temporarily holding waste within the

premises before final collection and disposal by the local Authority or a NEMA licensed firm.

4.3.10. Liquid waste

Sanitary rooms, cleaning/mopping works, washing hands after visiting the toilet are facilities and activities

from which liquid and waste water will be generated. Sewage emanating from sanitary rooms will be

discharged into the council‟s sewer line for discharge into the council‟s sewerage system.

4.3.11 Housekeeping

The cleaning activities will involve use of substantial amounts of water and detergents and which will be

done manually.



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4.3.12 General repairs and maintenance

The station facilities, residential and commercial blocks will be repaired and maintained regularly during

operational phase. Such activities will include repair of building walls, floors, forecourt, canopy, electrical

gadgets and equipment, refrigeration equipment and leaking water pipes. Painting and maintenance and

replacement of worn out furniture, equipment, appliances, and materials among others will also be

undertaken.

4.4. Operational phase products, By-products and waste

Once the project is operational, it is expected that the following products, by-products and waste will be

generated:

Oil spillage from tank trucks delivering petroleum fuels to the site, lubricants and vehicle

maintenance operations

Release of LPG vapors from cylinder

Waste from ablution facilities and marginal water emanating from equipment cleaning

Air emissions emanating from loading activities and vehicles entering and leaving the service

station.

Noise generated by vehicles and equipment

Solid waste arising from empty lubricant cans and trash from offices

Odour emanating from decomposition of improperly disposed of waste and vehicular emission.

4.5. Decommissioning stage

The decommissioning stage shall involve demolition of all the structures in the site. The wastes generated

will be carried to a dump site and others will be recycled. Iron sheets, glass, plastics, boards and wooden

frames will be re-used or recycled. The area will have to be re-vegetated. After a filling station completely

closes down and the underground tanks are removed, the area will be vegetated with the recommended

tree and shrub species to help in purifying the contaminated soils.



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CHAPTER FIVE

5.0 Methodology and result

5.1 Introduction

During the Environmental Impact Assessment, different methods were employed as tools of data

collection. The results as provided in this section have been presented as objectively as possible to avoid

any bias. The interview and questionnaire used were open ended.

Data collection methods involved were as follows;

i) Site assessment – This was done by walking around the proposed site and making details of

the different sections of the site i.e. the different facilities and their provisions.

ii) Secondary data obtained from the site plans – This was done through the interpretation

of the site plan drawn land use and drawings obtained from the management as attached in

the appendices.

5.2 Site assessment

This was done by walking and inspecting all areas including the soil type, facilities provided and solid

waste disposal methods were also noted. The project stage as at the date of inspection was also highly

considered and decision to carry out an Environmental Impact Assessment (EIA) reached between the

experts and projects management.

5.3 Secondary data

The secondary data involved perusing site plans and lease agreement. Information was arrived at

thorough interpretation of the secondary data as availed by the project management.

5.4 Field visit

Field visits were done which included site assessment through walking around the site and inspecting all

the areas within the site and the neighbouring premises. It is by use of the findings in this tool that enable

the impact assessment team to identify and formulate the possible mitigation measures.



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CHAPTER SIX

6.0 Project alternatives.

6.1 Introduction

Alternatives for the proposed development projects are usually wide ranging. Consideration of

alternatives is important in minimizing the adverse impacts that may arise from the proposed projects

while maximizing the positive impacts. Hence, this section describes the various alternative technologies

and processes that will be available for the proponent for implementing the project and the reasons for

selecting the chosen technologies and processes.

6.2 Project site

The relocation option to a different site is an option totally unavailable to the project as the site has been

determined by way of social surveys. The structural and physical plan has been made as per the proposed

sites physical and topographic characteristics. The land in which the project is to be situated is vast

enough for this kind of facilities and its related activities. The land in which the project is to be situated is

not within any critical ecological ecosystem, the land is not under any dispute and the proposed activity

will not affect the surrounding community as the proposed site is within the CBD a zone designated for

commercial purposes hence in characteristic with its surrounding.

Getting another parcel of land in this region that can suite the proposed project is quite difficult given

that the area / region is within the CBD. Therefore looking for such land to accommodate the project

and completing the related official details to it may take more time, over a year and thus inconveniencing

the project schedule. The proponent will also spend another good time on designs and approvals since

the design and planning has to be done according to site conditions. This will cost the proponent a large

sum of money as an extra expenditure as whatever has been done and paid for to date will be counted as

a loss.

Assuming the project will be given a positive response by the relevant authorities including NEMA, this

project would have been delayed for over a year before implementation and going by the inflationary

trends then the cost of the project shall also increase in a similar way. This is a delay that our economy

can ill afford unless absolutely unavoidable! The other consequence of this is that it would be a

discouragement to the proponent who is supporting this project. In consideration of the above concerns

vis a vis the assessment of the proposed site, the relocation of the project is thus not a viable option. In

siting the proposed project, the proponent had the following options:

Acquisition of a piece of land

The location of the proposed project had the following advantages;



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Proponent already owns the land hence presenting no cost in acquiring it.

Site is next to Kericho-Nairobi road.

6.2.2 No Project Alternative

This alternative would mean that the project does not proceed on the land; the land remains as a go-

down.

Advantages

There would be no clearing of existing grass, trees and low bush

The current natural ecosystem would not be disturbed

There would be no soil or water contamination and disturbance

Air pollution from dust as a result of the construction process will not occur

Disadvantages

A chance for creating more jobs will be lost

Secondary development will not arise

The improvement of infrastructure as a result of the project won‟t be realized

The value of the land will not improve

6.3 Preferred option

For this project, there are limited alternatives for the project site because the proponent has only a chance

to invest on his acquired piece of land. Therefore, emphasis is now placed on the technological

approaches that the proponent will adopt in constructing and managing the proposed filling station. For

example, the governments plan on transportation of the petroleum fuel will dictate the method adopted

by the proponent. During the operation phase, the proponent will help reduce pollution and risks to

health by dealing with the unleaded petroleum. The proponent can also minimize long term costs by

carefully selecting the materials used in constructing various components such as the dispenser pumps.

Although there are minimum alternatives for the proposed project site, the available site needs to comply

with the following minimum requirements.

Access and accessibility

impacts on the environment

location within urban area

6.4. Analysis of Alternative Construction Materials and Technology

The proposed developments will be constructed using modern, locally and internationally accepted

materials in order to achieve public health, safety, security and environmental standards as well as

aesthetic requirements. Local raw materials such as sand, ballast, hardcore cement, iron sheet and water



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will be given first priority in terms of construction, but without compromise to quality to minimize any

negative impact that can be caused through long distance transportation of materials. Equipment that

save energy and water will be given first priority without compromising on cost or availability factors.

The concrete pillars and walls will be made using locally sourced stones, cement, sand, metal bars and

fitting that meet the Kenya bureau of standards requirements.

The proponent will give priority to the use of clay tiles as they are good is heat insulation. This option will

demand long distance transportation of this material and heavy use of timber. Second option will be use

of Pre-painted durable Galvanized tile Iron sheets will be used as they are good in rain water harvesting as

compared to the clay tiles roofs. Heavy use of timber during the construction is discouraged because of

destruction of forest and therefore use of steel bars for roofing and support works is recommended. The

exotic species would be preferred to indigenous species in the construction where need will arise.

6.5. Waste management alternatives

Solid waste will be generated from the proposed project hence an integrated solid waste management

system is recommended. The proponent will also manage wastes generated in accordance with the

Environmental Management and Coordination (Waste Management) Regulation of 2006. The proponent

will give priority to reduction at source of the materials. This option will demand a waste management

awareness program for the management and the occupants of the facility. Recycling, reuse and

composting of the waste will be the alternative in priority. This will call for source separation program to

be put in place.

Liquid waste generated will be handled in accordance with the Environmental Management and

Coordination (water quality) Regulation of 2006. The proponent will give first priority to connecting the

facility to the municipals sewerage system via a sewer line that passes nearthe proposed project site.

6.6 No Project option

Without the project, the status quo remains. This means that no gains utilized in relation to provision of

job opportunities, payment of levies and taxes, provision of fuel among other benefits associated to the

proposed project implementation. Looked upon in the environmental aspect, the option has no adverse

effects.



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CHAPTER SEVEN

7.0 Legal, policy and administrative framework

Environmental Impact Assessment (EIA) is a methodology used to identify the actual and probable

impacts of projects, plans, strategies and programmes on the environment and to recommend alternatives

and mitigative measures. The assessment is required at all stages of project development with a view to

ensuring environmentally sustainable development for both existing and proposed public and private

sector development ventures.

Since independence sectoral and sometimes conflicting laws and regulations governing natural resource

use existed in Kenya. Over a long period of time, due to lack of comprehensive environmental law a lot

of environmental degradation was done hence loss of important forest cover, pollution (water, air and

land) among other forms of environmental damages. Large investments were made and projects which

didn‟t have environmental consideration were initiated. Collapse or conflicts with interest groups of such

projects has been witnessed in the country. Various Acts of parliament are discussed below as they relate

to the environment and the sector into which the project has interest.

7.1 Legal Provisions

7.1.1 The Environment Management and Coordination Act, 1999

Part II of the environment Management and Coordination Act, 1999 states that every person in Kenya is

entitled to a clean and healthy environment and has the duty to safeguard and enhance the environment.

In order to ensure this is achieved, part VI of the same act directs that any proponent of a new project

should undertake EIA study, while the projects proponent for ongoing projects shall conduct an EA

survey for the projects under clause 68 and prepares appropriate reports for submission to the National

Environmental Management Authority (NEMA), who in turn may issue a license as appropriate.

7.1.2 The Environmental Impact Assessment and Audit Regulations, 2003 (Legal Notice No.

101)

Regulation 24 – EIA license

Environmental Impact License shall be issued after the authority approves the study report under

regulations 23, and shall be issued in form and accompanied by the prescribed fee of 0.05% of the

total cost of the project.

Regulation 28 – False or incorrect information

Substantial change or modification and when project poses an environmental threat or revelation that

information or data given by the license were false, incorrect or intended to mislead.

Regulation 24 – Annual Environmental Audit



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Self auditing after presentation of an EIA study report shall be undertaken by the licensee to ensure

the implementation of environmental management plan is audited on regular basis, an audit report

submitted to NEMA annually and ensuring that the criteria to audit is based on environmental

management plan developed during the EIA process or after the initial audit.

Regulation 40 - Monitoring changes after project implementation

Monitoring by NEMA and Lead Agencies shall be done to establish any possible changes in the

environment and their possible impacts, immediate and long term effects of its operations, identify

and determine parameters and measurable indicators and conduct changes that occurred after

implementation.

7.1.3 Waste Management regulations, 2006

This along with water quality regulations are among the newest regulation aimed at fully implementing

EMCA 1999.

Part II – General Provisions

(1) No person shall dispose of any waste on a public highway, street, road, recreational area or in any

public place except in a designated waste receptacle.

(2) Any person whose activities generate waste shall collect, segregate and dispose or cause to be disposed

off such waste in the manner provided for under these Regulations.

(3) Without prejudice to the foregoing, any person whose activities generates waste has an obligation to

ensure that such waste is transferred to a person who is licensed to transport and dispose off such waste

in a designated waste disposal facility.

Section 5(1) Any person whose activities generate waste shall segregate such waste by separating

hazardous waste from non-hazardous waste and shall dispose of such wastes in such facility as is provided

for by the relevant Local Authority.

6. (1) any person who owns or controls a facility or premises which generates waste shall minimize the

waste generated by adopting the following cleaner production principles: improvement of production

process through: conserving raw materials and energy

(ii) Eliminating the use of toxic raw materials within such time as may be prescribed by the Authority

(iii) Reducing toxic emissions and wastes monitoring the product cycle from beginning to end by:

identifying and eliminating potential negative impacts of the product.

(ii) Enabling the recovery and re-use of the product where possible.

(iii) Reclamation and recycling.

(c) Incorporating environmental concerns in the design, process and disposal of a product.

7.1.4 Water quality regulations, 2006

Section 10 (1) No person shall use water for trade or industrial undertaking unless such person complies

with the standards established by the competent lead agency in regard to that particular activity.



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(2) The Authority in consultation with the relevant lead agencies shall take measures to ensure compliance

with the said standards by the owner or operator of the facility.

Section 11. No person shall discharge or apply any poison, toxic, noxious or obstructing matter,

radioactive waste or other pollutants or permit any person to dump or discharge such matter into the

aquatic environment unless such discharge, poison, toxic, noxious or obstructing matter, radioactive

waste or pollutant complies with the standards set out in the Third Schedule of the Regulations.

12. (1) Every local authority or person operating a sewage system or owner or operator of any trade or

industrial undertaking issued with an effluent discharge licence as stipulated under the Act shall comply

with the standards set out in Third Schedule to the Regulations.

(2) Every local authority or person operating a sewage system or owner or operator of any trade or

industrial undertaking shall be guided by the monitoring guide for discharge into the environment as set

out in the Fourth Schedule to the Regulations or as the Authority may prescribe.

13. (1) Every owner or operator of a trade or industrial undertaking issued with a licence by a local

authority or sewerage service provider to discharge effluent into any existing sewerage systems shall

comply with the standards set out in the Fifth Schedule to these Regulations.

14. (1) Every person who generates and discharges effluent into the environment under a licence issued

under the Act shall carry out effluent discharge quality and quantity monitoring in accordance with

methods and procedures of sampling and analysis prescribed by the Authority, and shall submit quarterly

records of such monitoring to the Authority or its designated representative.

(2) Such discharge monitoring record shall be in the prescribed form as set out in Sixth Schedule of the

Regulations.

7.1.5 The Public Health Act

Section 13 of the Public Health Act makes it the duty of every local authority (in the capacity of “health”

authority) to take all lawful, necessary and reasonably practicable measures to safeguard and promote

public health.

Part IX of the Act deals with sanitation and housing, and is of most significance for the control of

polluting discharges. Section 116, imposes a duty on every local authority to maintain its district in a clean

and sanitary condition, to prevent nuisances and prosecute those responsible for nuisances. Nuisances

include drains and sewers for the discharge of pollutants into watercourses and lakes.

Section 126 of the Public Health Act empowers the Minister to make rules on the following:

The drainage of lands, streets or premises, the disposal of offensive liquids, and the removal of, inter alia,

waste matters;

The Public Health (Drainage and Latrine) Rules made under section 126 of the Act, makes more specific

provision for drainage. The Rules –

Require the drainage of new buildings;



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Prohibit the drainage of surface water into foul water sewers;

Prohibit the discharged into sewers of matter which may interface with the free flow of the

sewage or injure the sewer;

Empower the local authority to prohibit the discharge of injurious matter into sewers;

Impose a requirement for permits to be obtained from the local authority before the making of

sewer connections or the construction of sewage treatment works.

7.1.6 The Water Act, 2002

The water Act aims to “make better provision for the conservation, apportionment and use of water

resources of Kenya.” It prohibits persons from diverting, abstracting, obstructing or using water from a

body of water except as provided for in the Act (Section.5).

The Act stipulates that a permit shall be required in all cases of proposed diversion, abstraction,

obstruction, storage or use of water, with minor exceptions relating to use for domestic purposes

(Section.36). Under the Water Act (General) Rules, it is stated that any rights acquired under the permit

are subject to the Public Health Act and the Malaria Prevention Act, in addition to the Water Act

itself. The Public Health Act has wide-ranging provisions on pollutant discharges, which are set out

below.

The Water Act (General) Rules make provision for discharges in a number of respects, as follows:

Effluent shall not be returned to any body of water unless it has been purified. Further, it must

not contain poisonous or injurious matter or excess silt, gravel or boulders.

Water used for pulping, mulling or washing of coffee shall be efficiently screened.

The regulating authority may determine the potential prejudicial effects of the pollutant discharges

and order the removal already made.

It is an offence to allow effluent discharges, either domestic or industrial, if this would harm fish,

and a fish warden may order its removal. Plans for rendering such effluent innocuous shall be

submitted to and approved by the enforcing authority.

Additionally the applicant for a water permit is required to outline the methods to be used for treating

effluent before discharge (Form WAB 13, question 18). The permit would only be issued subject to

satisfactory provision being made for the treatment of effluent. The Water Act, apart from the Rules,

makes only limited provision for controlling water pollution. The provision is limited to the pollution of

drinking water.

Under section 145, the water undertaker may make regulations to control polluting activities, which may

threaten its source of water. It may itself construct the necessary works for intercepting, treating or

disposing of foul water (s.149). Section 158 makes it an offence to pollute such waters. Similarly, under

section 169, it is an offence to throw or convey polluting matter into a body of water.



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7.1.7 The Physical Planning Act

The Act makes provision for development control. Persons wishing to undertake development must

apply for and obtain consent from the local planning authority. The planning authority when

considering a planning application shall have regard, inter alia, “to the health, amenities, and

convenience of the community generally, and the proper planning and density of development and

use of land in the area.

Conditions imposed in granting consent to a planning application may require or prohibit specified

activity. They may also require the applicant to enter into an undertaking to observe the conditions

imposed and to furnish security to this end.

7.1.8 The Public Health Act

Section 13 of the Public Health Act makes it the duty of every local authority (in the capacity of

“health” authority) to take all lawful, necessary and reasonably practicable measures to safeguard and

promote public health.

Part IX of the Act deals with sanitation and housing, and is of most significance for the control of

polluting discharges. Section 116, imposes a duty on every local authority to maintain its district in a

clean and sanitary condition, to prevent nuisances and prosecute those responsible for nuisances.

Nuisances include drains and sewers for the discharge of pollutants into watercourses and lakes.

Section 126 of the Public Health Act empowers the Minister to make rules on the following:

The drainage of lands, streets or premises, the disposal of offensive liquids, and the removal of, inter

alia, waste matters;

The Public Health (Drainage and Latrine) Rules made under section 126 of the Act, makes more

specific provision for drainage. The Rules –

Require the drainage of new buildings;

Prohibit the drainage of surface water into foul water sewers;

Prohibit the discharged into sewers of matter which may interface with the free flow of the

sewage or injure the sewer;

Empower the local authority to prohibit the discharge of injurious matter into sewers;

Impose a requirement for permits to be obtained from the local authority before the making of

sewer connections or the construction of sewage treatment works.

7.1.9 Land Control Act Cap. 302

Land Title Deed

A land title deed shall be applied for where land is to be disposed of by way of sale, transfer, lease,

exchange or position to a person who is; -

(i) A citizen of Kenya; or



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(ii) A private company or co-operative society all of whose members are citizens of Kenya; or

(iii) Group representatives incorporated under the land (Group Representatives) Act; or A state

corporation within the meaning of state corporation Act:

7.1.10 The Local Government Act

The Act also contains provisions empowering local authorities to control discharges. Under s.163 a

local authority may control or prohibit activities, both industrial and domestic, which constitutes „a

source of danger, discomfort or annoyance to the neighborhood, as an offensive trade or as have

been gazzetted by the Minister. One further way of control is for the local authority to refuse to

license the activity on the ground that the treatment method proposed is not adequate [s.165].

Generally, it is the local authority‟s duty to establish and maintain sewerage and drainage works within

its area (s.168). It may charge for this service [s.176 (2)], and the charge is recoverable from the

owner of any land or premises served.

7.1.11 Building Codes

The local government (adoptive By-laws) order, 1968 and grade 11 building order, 1968. The bylaws

set out in this order shall be the adoptive building bylaws, which a municipal or county may adopt.

7.1.12 Registration of Titles Act: Cap. 281

The proponent has the Title deed, and the transfer of lease certificate and receipts payable to the

Kericho Town Council and Kenya Revenue Authority as proof on;-

Section 23 Certificate of Title Deed

The certificate of title issued by the registrar to a purchase of land upon a transfer or transmission by

the proprietor therefore shall be taken by all courts as conclusive evidence that the person named

therein as proprietor of the land is the absolute and indefeasible owner thereof, subject to the

inconveniences, casements, refractions and the title of that proprietor shall list be subject to challenge,

except on the group of fraud or misrepresentation to which he is proved to be a party.

7.1.13 The Penal Code Cap. 63

The chapter on offences against health and convenience contained in the penal code enacted in 1930

strictly prohibits the release of foul air into the environment, which affects the health of the other

person. Any person who voluntarily violates the atmosphere at any place, to make it noxious to the

health of persons in general dwelling or carrying on business in the neighborhood or passing along

public ways is guilty of a misdemeanor i.e. imprisonment not exceeding two years with no option for

a fine.



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Section 191 – Fouling water

The contractor shall ensure that during construction no foul water of any public spring or reservoir is

rendered unfit for the purpose for which it was ordinarily used for by the community.

7.1.14. The Energy Act, 2006.

The Energy Act, 2006 is the primary legislation in Kenya that regulates petroleum operations. This

Act commenced on December 30th, 2006. The Energy Regulatory Commission stipulates the

licensing requirements for all types of petroleum installations. A key aspect under this piece of

legislation is the requirement for a petroleum project proponent to acquire an annual permit to store

petroleum products in bulk and to display it conspicuously at the petroleum-dispensing site.

Kenya Standards, KS 1967, KS 1968, KS 1969

The recommended safe practice in the design, construction, installation and maintenance of electrical

and earthing and bonding systems intended to be used in flammable and combustible liquid storage,

pumping, distribution and marketing facilities have been adhered to. The electrical system will be

designed and installed in accordance with the hazardous area classification of all electrical equipment

used at a service station. Emergency power control switches will be strategically installed in order to

facilitate general power cut of the entire service station in case of emergency. The recommended safe

practice on installation of underground storage tanks of individual capacity not exceeding 85 000 L,

pumps / dispensers and pipe work at service stations and consumer installations have been complied

with.

7.1.15. 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.



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7.1.16. Conservation of Biological Diversity (BD) Regulations 2006

These regulations are described in Legal Notice No. 160 of the Kenya Gazette Supplement No. 84 of

December 2006. These Regulations apply to conservation of biodiversity which includes Conservation of

threatened species, Inventory and monitoring of BD and protection of environmentally significant areas,

access to genetic resources, benefit sharing and offences and penalties.

7.1.17. Fossil Fuel Emission Control Regulations 2006

These regulations are described in Legal Notice No. 131 of the Kenya Gazette Supplement no. 74,

October 2006. The regulations include internal combustion engine emission standards, emission

inspections, the power of emission inspectors, fuel catalysts, licensing to treat fuel, cost of clearing

pollution and partnerships to control fossil fuel emissions. The fossil fuels considered are petrol, diesel,

fuel oils and kerosene.

7.1.18. Noise and Excessive Vibration Pollution) (Control) Regulations, 2009

Section 14 (1) says, where defined work of construction, demolition, mining or quarrying is to be carried

out in an area, the Authority may impose requirements on how the work is to be carried out including but

not limited to requirements regarding –

(a) Machinery that may be used, and

(b) The permitted levels of noise as stipulated in the Second and Third Schedules to these Regulations.

(2) The relevant lead agency shall ensure that mines and quarries where explosives and machinery used are

located in designated areas and not less than two kilometres away from human settlements.

(3) Any person carrying out construction, demolition, mining or quarrying work shall ensure that the

vibration levels do not exceed 0.5 centimetres per second beyond any source property boundary or 30

metres from any moving source.



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On Permissible noise levels, section 5 say No person shall make, continue or cause to be made or

continued any noise in excess of the noise levels set in the First Schedule to these Regulations, unless

such noise is reasonably necessary to the preservation of life, health, safety or property.

Section 15: Any person intending to carry out construction, demolition, mining or quarrying work shall,

during the Environmental Impact Assessment studies-

Identify natural resources, land uses or activities which may be affected by noise or excessive

vibrations from the construction, demolition, mining or quarrying;

Determine the measures which are needed in the plans and specifications to minimize or

eliminate adverse construction, demolition, mining or quarrying noise or vibration impacts; and

Incorporate the needed abatement measures in the plans and specifications.

Section 16 (1) Where a sound source is planned, installed or intended to be installed or modified by any

person in such a manner that such source shall create or is likely to emit noise or excessive vibrations, or

otherwise fail to comply with the provisions of these Regulations, such person shall apply for a license to

the Authority.

7.2 Sector Environmental Policies

7.2.1 The New National Housing Policy

The National Housing Policy is intended to arrest the deteriorating housing conditions countrywide and

to bridge the shortfall in housing stock arising from demand that far surpasses supply, particularly in

urban areas. This situation has been exacerbated by population explosion, rapid urbanization, widespread

poverty, and escalating costs of providing housing. The shortage in housing is manifested in

overcrowding, proliferation of slum and informal settlements especially in peri-urban areas. In the rural

areas the shortage manifests itself in the poor quality of the housing fabric and lack of basic services such

as clean drinking water. The policy aims at:

Enabling the poor to access housing and basic services and infrastructure necessary for a healthy

living environment especially in urban areas.

Encouraging integrated, participatory approaches to slum upgrading, including income-generating

activities that effectively combat poverty.

Promoting and funding of research on the development of low cost building materials and

construction techniques



52

Harmonizing existing laws governing urban development and electric power to facilitate more cost

effective housing development

Facilitating increased investment by the formal and informal private sector, in the production of

housing for low and middle-income urban dwellers.

Creating a Housing Development Fund to be financed through budgetary allocations and financial

support from development partners and other sources.

7.2.2 National Environmental Action Plan (NEAP)

Through the National Environmental Action Plan (NEAP, 1994), the Kenyan Government recognized

the dangers posed by negative impacts on ecosystems emanating from industrial, economic and social-

welfare development projects and programs when there was remarkable disregard on their implications

to the concept of environment sustainability, intergenerational and intergeneration equity, among others.

Following on this, establishment of appropriate policies and legal guidelines as well as harmonization of

the existing ones have been accomplished and/or are in the process/pipeline of development. Under the

NEAP process EIA was introduced and among the key participants identified were the industrialist‟s

communities and local authorities.

7.2.3 National Policy on Water Resources Management and Development

While the national Policy on Water Resources Management and Development (1999) enhances a

systematic development of water facilities in all sectors for promotion of the country‟s socio-economic

progress, it also recognizes the by-products of this process as wastewater. It, therefore, calls for

development of appropriate sanitations systems to protect people‟s health and water resources from

institution pollution. Industrial development projects, therefore, should be accompanied by

corresponding waste management systems to handle the wastewater and other waste emanating there

from.

The same policy requires that such projects should also undergo comprehensive EIA/EA that will

provide sustainable measures to be taken to ensure environmental resources and peoples‟ health in the

immediate neighborhood and further downstream are not negatively impacted by the emissions.

In addition, the policy provides for charging levies on wastewater on quantity and quality (similar to

polluter-pays-principle) in which those contaminating water are required to meet the appropriate cost on

remediation, though the necessary mechanisms for the implementation of this principle have not been

fully established under the relevant Acts However, the policy provides for establishment of standards to

protect water bodies receiving wastewater, a process that is ongoing.



53

7.2.4 Policy Guidelines on Environment and Development

Among the key objectives of the Policy Paper on Environment and Development (Sessional Paper No.6

of 1999) are:-

To ensure that from the onset, all development policies, programmes and projects take

environmental considerations into account,

To ensure that an independent environmental impact assessment (EIA) report is prepared for

any industrial venture or other development before implementation,

To come up with effluent treatment standards which will conform to acceptable health

standards?

Under this paper, broad categories of development issues have been covered that require sustainable

approach these issues include the waste management and human settlement sectors.

The policy recommends the need for enhanced re-use/recycling of residues including wastewater, non-

waste technologies, increased public awareness raising and appreciation of clean environment. It also

encourages participation of stakeholders in the management of wastes within their localities.

Regarding human settlement, the paper encourages better planning in both rural and urban areas and

provision of basic needs such as water, drainage and waste disposal facilities among others.

7.3 Compliance level on the environment, health and safety

Cleanliness

Cleanliness in the site during design implementation stage will be maintained by recycling, re-use and

proper dumping of solid waste materials. The proponents also will hire a NEMA certified garbage

collector during the operational stage of the facility. Recycling, re-use and reduction at the source are

methods, which will be employed throughout the life cycle of the project to ensure that there is proper

waste management.

Overcrowding

The proposed facilities will be constructed in such a way that there is ample space for each client, tenant

and in-coming and leaving vehicles.

Fire precautions

Fire extinguishers are of vital importance to any facility where fires are likely to occur. Sources of fire in

this facility include;

i) Due to the waste paper generation as well as packaging materials from the commercial block

ii) Explosions from LPG from the station



54

iii) Fires from accidental petroleum product spills from the station

iv) Fires as a result of electric faults and

v) Fire from the kitchen of the residential houses.

To overcome the effects of these fires, the facilities will be fitted with sufficient fire extinguishers which

are of right type. These fire extinguishers will be fitted by fire experts.

Water

Clean water and wholesome water will be provided by private water providers. The water will be used

during construction and after commissioning of the project. Rain water will also be harvested.

Drainage

The drainage in the site will be ensured by constructing enough drainage channels on the ground. The

open grounds will be made slightly sloppy to enable water flow to the drainage channels provided.

Sanitary facilities

The area is served with the Municipal sewerage system. Waste water from the facility will be directed to

the sewer system.

Lighting and ventilation

The designs of the structures have been drawn by approved designer. Enough windows, wall ventilators

and doors have been designed. Lighting will be provided by electricity and windows.

Safety

During the construction stage / design implementation stage, workers will be provided with sufficient

and adequate protection gears. The site shall also be fenced to keep off trespassers. A notice will be put in

place showing the ongoing activity. During the operation stage a private security guard will be hired.

7.4 Environmental Management and Co-Ordination Act, 1999

This requires the proponent to submit an E.I.A report to the National Environmental Management

Authority. The proponent has contracted the environmental experts to conduct the E.I.A.

7.5 Regulation 31, Subparagraph (3) of the E.I.A and E.A Regulations 2003

This section requires an initial environmental audit to be done on the project. The proponent will

contract the environmental experts to do the Initial Environmental Audit and Monitoring.

7.6 The Landlord and Tenant (Shops, Hotels and Catering Establishment) Act Cap 301

The management is committed to ensure safety for the tenants and the employees. The proponent also

will hire both day and night guards. In order that the premises are fit and comply with the laws relating to



55

health in all aspects, different experts such as engineers, environmental and health and safety experts will

be contracted.

7.7 The Building Act Code

The code provides for standards by which buildings should be constructed. These standards will used by

the Municipal Council to approve all the buildings.

7.8 Public Health Act Cap 242

In order to ensure compliance with the Act, management will contract garbage collectors who will ensure

the waste produced is regularly collected. The buildings will be repaired, cleaned and painted when need

arise. Free access to the facility by any medical officers, police officers or health inspectors will also be

guaranteed.

Waste generators responsibilities

- The management at the proposed project will take responsibilities of the waste generated from the

facility. This will be done through contracting licensed waste dealers to dispose off the waste on

behalf of the management.

- Waste from the petrol station will be collected in the waste collection point prior to final

collection by the waste dealer.

- Environmental concern will be incorporated in the design and disposal of waste products to

enhance environmental sustainability.

- Waste which will be generated will be composed of solid and liquid wastes especially waste papers

and other household wastes.

MAY 2013

CHAPTER EIGHT

8.0 Impact identification, evaluation and mitigation measures.

Introduction

Various impacts will be involved during the implementation of the proposed project. Mitigation measures have been suggested to the developers to assist in the

minimization of these identified impacts. The table below shows some of the impacts associated with the proposed project.

Table 8.1 : A table showing the anticipated impacts in different project stages

Project stage Positive impacts Anticipated negative impacts

Designing phase Promotion of services providers e.g. architects and

contractors.

Benefit to the economy of our country through payment of

the authorization letters.

The stage is not associated to any kind of negative impacts.

Construction phase Job opportunities are provided to both skilled and semi-

skilled workers.

Promotion of informal sector

Promotes local trade when purchasing construction

materials.

Increase in GDP

Boosting of security

Landscape and ecological change

Soil erosion

Solid waste management

Liquid waste management and oil spills

Dust generation and aerosol emissions

Noise pollution

Generation of exhaust emissions(air pollution)

Workers safety and health

Increased pressure on available infrastructure

Operation stage Source of employment Vector breeding grounds



57

Beneficial use of land

Improved access to water and electricity

Efficiency in service delivery

Improved revenue to central and local governments

Boosting of security

Provision of fuel products

Provision of clean and affordable residence

Provision of office spaces

Pollution of surface and ground water

Oil and fuel spills in the forecourt during fueling and off

loading of petroleum

Oil and fuel spills at the dispensers and under dispenser trays

Oil and fuel spills along the pipe-work

Oil leakages at the underground tanks

Decommissioning phase Productive land use Emissions to air

Soil waste generation


Generation of exhaust emissions

Noise and vibrations

Solid waste generation

Dust emissions

Loss of employment opportunity

MAY 2013

8.1 Potential impacts and the recommended mitigation measures

Table 8.2: A table showing the potential impacts and the recommended mitigation measures

Proposed project

stage

Possible impacts Mitigation measures

During Construction

stage

Noise and vibration pollution Switching off machines while not in use.

Restrict working hours to periods which are not associated to human disturbances

especially the recommended working hours 8.00 am – 5.00pm

Provide workers with ear masks.

Regular servicing of working machines

Visual intrusion on neighbours In case of unwelcomed visual intrusions between lines of vision affecting neighbouring

facilities, taller aesthetic trees should be strategically grown.

The selected colour of the buildings should be made appealing to the general community

other than to suit institutional functions.

Roadside vending The contractor should identify, demarcate and fence a specific area within which specific

number vendors will be allowed to operate.

The vendors should be instructed to maintain the area in a tidy fashion and litter bins

should be provided with arrangements in place to have the contents of these emptied on

a regular basis and disposed of appropriately.



59

Timber scaffolding & form support The use of local timber should be kept to a minimum with such sources being approved

by the relevant authorities like Forestry Department.

Steel scaffolding should be used in preference to timber and the Contractor should

ensure that sufficient quantities of scaffolding are available for hire at the time of

construction.

Earth materials sourcing Earth materials (e.g. marl, sand, aggregate) must be obtained from officially licensed and

approved quarries and copies of the relevant licenses made available by the Contractor

for inspection at the site

Material Transport The transport of lubricants and fuel to the construction site should only be done in the

appropriate vehicles and containers, i.e. fuel tankers and sealed drums.

As far as possible, transport of construction materials should be scheduled for off-peak

traffic hours.

Appropriate traffic warning signs, informing road users of a construction site entrance

ahead and instructing them to reduce speed, should be placed along the main road in the

vicinity of the entrance to the site during the construction period.

Flagmen should be employed to control traffic and assist construction vehicles as they

enter and exit the project site.

Spillages of cement on public roadways must be cleaned up immediately by the carrier.

Over-saturated conditions, which would cause outgoing trucks to track mud onto the

main public road, should be avoided.



60

Impervious surfacing & runoffs Water runoff will be handled by construction and designing of curbs, channels, side inlets

and road side ditches to channel water into the main drainage lines. These must be

designed to prevent ponding and flooding of Kericho-Nairobi Road and the adjacent

properties.

All drainage lines will be kept open and no obstruction shall be built within these lines.

All fine earth materials must be enclosed during transport to the site to prevent spillage

and dusting. Trucks used for that purpose should be fitted with tailgates that close

properly and with tarpaulins that completely cover the materials.

Materials stockpiling & storage The stockpiling of construction materials should be properly controlled and managed.

Fine-grained materials (sand, marl, etc.) should be stockpiled away from any surface

drainage channels and features.

Low berms should be placed around the piles of sand and marl and/or tarpaulin used to

cover open piles of these materials to prevent them from being washed away during

rainfall.

Safe storage areas should be identified and retaining structures put in place prior to the

arrival and placement of material to limit fugitive dust.

Materials to be delivered on site in installments.

Traffic Congestion Construction of a lay bay along Kericho-Nairobi Rd to filter traffic in and out of the

road.

Issue notices/advisories of pending traffic inconveniences and solicit tolerance by local

residents before the commencement of construction works.

Assign traffic regulators to places during periods of chronic or potential traffic



61

congestions.

Prepare & provide appropriate signage & trained flag persons where the movement of

heavy machinery and construction equipment may cross the main roads.

Soil Erosion Stage site clearance works so as to minimize the area of exposed soil at any given

time.

Re-cover exposed soils with grass and other ground cover as soon as possible.

Temporarily bund exposed soil and redirect flows from heavy runoff areas that

threaten to erode or result in substantial turbid surface runoff to adjacent drainage

waters.

Monitor areas of exposed soil during periods of heavy rainfall throughout the

construction phase of the project to ensure that any incidents of erosion are quickly

controlled.

Leveling of the project site to reduce run-off velocity and increase infiltration of

storm water into the soil, therefore avoid compaction where possible.


Provide workers with reflective garments.

Regular servicing of working machines.

Train workers on manual handling techniques.

Deploy an expert to lead first aid administration.

Provision of adequate safety garments and enforce on their usage.

Discourage trespass.

Put signage on the ongoing activities.



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Compaction After construction phase, soils should be loosened using deep ploughing techniques.

Soils with hardening components such as cement should be diluted and fertilised to

encourage aeration.

Construction debris and other rejected

construction materials.

Reduce wastes from the point of generation by purchasing high standard and

recommended materials.

Instruct workers to avoid damage of working materials.

Contract NEMA registered garbage collector to collect waste on regular basis.

Embrace the 3R‟s concept (Reduce, Reuse and Recycle).

Dust generation and aerosol emission

Sprinkle water to harness dust level.

Provide workers with nose masks.

Use enclosed mixtures and other machines.

Injuries from vehicles delivering materials.

Set relatively low speed limit within the site.

Encourage transport vehicle owner to insure their vehicles on regular basis.

Discourage parking near the entrance or exit routes.

Landscape and ecosystem change Once the project is completed any bare land will be re-vegetated with indigenous grass,

shrubs and trees

Landscaping will be done to reduce any negative impacts

Only specified areas of construction will have vegetation cleared

Loss of terrestrial habitat & biodiversity protecting the existing individual trees as much as possible

Water supply Provide adequate water storage reservoirs on the construction site to meet project needs

during periods of high demand externally and refill the tanks during periods of low



63

demand (e.g. late at night).

Engaging water supply tankers in case of total supply failure.

Liquid wastes and oil spills Ensure oil changing for vehicles is not done on site

Collecting basins can be used to ensure that any spillage does not reach the ground

Avoid excessive water use

Connect to the Municipal Sewer line

Construct a fully operational OWS

Operation Stage.

Solid waste management problem from the

site.

Contract NEMA registered garbage collector.

Encourage tenants, workers and clients to use temporary storing wastes before collection

by the hired collector.

Regular collection of waste by the contracted garbage collector.

Drain blockages The proponent should ensure that there is adequate means of handling large quantities

of sewage blockages as well as related emergency situations.

Proper monitoring at waste generation points should be established. A site management

plan should be put in place.

Increased pressure on infrastructure The proponent should maintain close operations with service providers such as The

Kenya Power and Lighting Company, water suppliers, Waste collection companies, e.t.c.

The proponent should invest in resource conservation techniques such as energy saving

lamps, automated regulation systems (energy saving), solar heating systems, e.t.c.

Principles of Cleaner Production should be applied to ensure optimal system

performance. Leakages, unattended lighting and all other waste streams should be

managed appropriately.



64

Waste water and sewerage system

management.

Avoid materials which may block pipes

Connect to municipal sewer line

Regular maintenance of the drainage trails.

Ensure that there is no unnecessary wastage of water by;

Encouraging reuse of waste water.

Ensuring taps are tightly closed and not leaking.

Oil and fuel spills in the forecourt during

fueling and off loading of petroleum products

Ensure that the forecourt is made of impervious material so that no seepage is allowed

The design will be such that peripheral surface drainage channels or kerbs will be used to

divert all spills and runoff to an oil/water separator

Absorbent materials will be used to contain any spills

Rodding eyes and manhole chambers will be double sealed to prevent ingree of fuel

Once emptied, tanks should be water filled by the fire brigade. During the whole

forecourt should be a restricted area.

Oil and fuel spills at the dispensers and under

dispenser trays

Oil and fuel spillage should be directed to an interceptor for recovery and appropriate

disposal

Under pump sumps to be made

Appropriate leak detector device to be fitted

Oil and fuel spills along the pipe-works The pipe-work should be adequately protected against corrosion particularly at the joints

Steel and glass reinforced plastic pipe-work will be connected to tanks or dispensers using

flexible connections to allow for relative movement and ensure no resulting load is

transmitted to the pipe-work



65

Oil leakages at the underground tanks The tank to be constructed of material that is resistant to the local ground conditions i.e.

steel and provided with appropriate corrosion protection

Leak detectors to be fitted

The coating to be inspected for damage and tested for thickness and continuity prior to

installation.

For any leakage detected, the tank should undergo a detailed inspection and assessment

by a competent person to determine whether repair of tanks or replacement may be

feasible and appropriate measure taken

Fire outbreak.

Install and regular maintenance of the fire fighting equipments

Clearly labeling fire exit route.

Staff to be made clearly aware of fire hazards

Generation of exhaust emissions (air

pollution)

Sensitize truck drivers to avoid unnecessary racing of vehicle engines at

loading/offloading points and parking areas.

Vector breeding grounds Include an efficient storm water and waste management systems that will prevent the

accumulation of rain water

All trenches and drains should be kept clear of all debris

Decommissioning

stage

Loss and damage of properties during

demolition activities

Removal of properties that are not intended to be destroyed before the actual demolition

process.

Proper supervision during demolition activities.

Loss of employment opportunities

A good phase out programme for employees should be put in place from the onset of the

project



66

Accidents to the demolishing team.

Issue the workers with reflective garments.

Supervisors to instruct the worker and ensure that no one is at risk by falling objects.

Loss of environmental aesthetics beauty.

Ensure complete collection and disposal of wastes after demolition.

Landscaping the affected areas.

Conduct a decommissioning audit.

MAY 2013

CHAPTER NINE

9.0 Environment, Health and Safety (EHS)

9.1 EHS Management and administration

The EHS is a broader and holistic aspect of protecting the worker, the workplace, the tools / equipment

and the biotic environment. It is an essential tool in determining the EIA study. The objective of the EHS

on the proposed project is to develop rules that will regulate occupational safety measures during

construction and the operation phases of the proposed project by:

Avoidance of injuries

Provision of safe and healthy working environment for workers comfort so as to enhance maximum

output.

Control of losses and damages to plants, machines, equipment and other products.

Enhance environmental sustainability through developing sound conservation measures.

9.2 The guiding principles to be adopted by the contractor

The development will be guided by the following principle: -

It will be a conscious organization committed to the promotion and maintenance of high standards

of health and safety for its employees, the neighboring population and the public at large.

Ensuring that EHS activities are implemented to protect the environment and prevent pollution.

Management shall demonstrate commitment and exercise constant vigilance in order to provide

employees, neighbors of the project and the environment, with the greatest safeguards relating to

EHS.

Employees will be expected to take personal responsibility for their safety, safety of colleagues and of

the general public as it relates to the EHS management plan.

9.3 EHS management strategy to be adopted by the contractor

The following strategies will be adopted to achieve the above objectives:

Maintain an effective reporting procedure for all accidents.

Provide appropriate tools and protective devices for the success of the project.

Encourage, motivate, reward and support employees to take personal initiatives and commitment on

EHS.

9.4 Safety requirement at the project site during construction and operation period

(a) The contractor

The contractor will ensure that:

Safe means of entry and exit exist at the proposed project site.

Ensure adequate briefing of job at hand on the safe system of work before commencement of work

The EHS consultant must maintain constant assessment of the risk involved as the work progresses



68

(b) The Traffic / Drivers

The following traffic rules will be observed along the project route: -

Observe speed limits and all other signs and obey traffic rules.

Discourage unnecessary reversing and turning of motor vehicles.

9.5 Emergency procedure during construction and operation.

In the event of an emergency during construction, the workers shall:

Alert other persons exposed to danger.

Inform the EHS coordinator.

Do a quick assessment on the nature of emergency.

Employees who have been skilled with first aid administration skills will assist the EHS coordinator

in situations whereby first aid will be necessary.



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CHAPTER TEN

10.0 Public consultation

The members of the public and especially the immediate neighbours were made aware of the proposed

project during the interview process. They were consulted so as to make them part of the decision making

process. The main reason for interviewing the neighbours is because the project may result to adverse

impacts in the natural environment which the public has full rights of safeguarding. The interviewed

neighbours were randomly selected from all corners where the very immediate neighbours were given the

first priority. The respondents had no objection with the implementation of the project Public

consultation was conducted by the experts to meet the following objectives;

To achieve in the involvement of all the stake holders.

To make the exercise transparent and fully participatory.

To identify whether the local people predict or foresee any positive or negative effects from

project implementation.

To make the neighbours aware of the project and identify whether there is any existing conflict

between the public and the project plans.

10.1 Institutional survey

This was done through the use of both questions and interviews from the management through the use

of open ended questions. The facility management aims at achieving highly in its vision toward provision

of better and affordable housing, commercial space and sale of fuel in a sustainable manner if the project

was to be fully implemented. The management showed high commitment towards responding positively

to all the issues raised by the environmental experts.

10.1 Methodology

The methodology for consultations for the proposed project involved:

Conducting preliminary field site visits.

Structured interviews.

Obtaining public views by use of open ended neighbours questionnaires.

The consultation was meant to identify whether the proposed project will have significant impact on;

human health and environmental resources.

10.2 Findings

Neighbours comments were taken and recorded by use of interviews and questionnaires. The

neighbours were first explained for, on the various activities involved with the proposed project, the

dangers associated and the various expected impacts. The main aim of consulting with the neighbours

was;



70

To check views, concerns and opinions of the very immediate neighbours towards

implementation of the proposed project.

To inform the local people about the proposed project.

To establish if the local people do foresee any positive or negative impacts from the proposed

project.

To identify whether there is any conflict between the project and the neighbouring community.

Summary of consultation results

No. Name Occupation Concern

1. Samuel K. A. Cheruiyot Car wash operator Risk of Air pollution, fire out

break, and soil erosion

2. Fred Ogada Wiring Expert Risk of air pollution and oil

spillage

3. Samuel Kidanozi Masson Risk of dust, and sewage

leakage

4. Peter Mutai Resident Risk of Air pollution, fire out

break, and soil erosion

5. R. L. Vaja G.H.S.S. Limited Risk of dust emission, oil

and fuel leaks

6. J.K. Telion G.B/MAN Risk of Oil Spills

7. Jacktone Sambili Shell Oil Risk of air pollution and oil

spillage

8. Cherono Fancy Student Risk of Accidents, Air

pollution, oil spillages and

sewage out bursts

9. Betty Babu Business Woman Risk of Accidents, Air

pollution, oil spillages and

sewage out bursts

10. Shadrack Singh Shell Oil Risk of Air pollution, soil

erosion, and oil spillages

11. Titus Cheruiyot Resident Risk of Noise, and oil

spillages

12. Beatrice Ayuma Shell Oil Land scape, ecological

change, oil and fuel spills

13. Rodgers Khimidi Shajanand Soil erosion, poor waste



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management, oil and fuel

spills

14. Patrick Muhindu Shell Oil Soil erosion, poor spolid

waste management, oil and

fuel leaks

15. Samson Scobwa Shajanand Soil erosion, oil spillage

16. Brenda Were Jehova Witness, Church

Member

Soil erosion, Oil Spillage

17. Justus O. Onchol Resident Noise

18. Julias Malala Shajanand Soil erosion, Oil Spillage

19. Enock Vikan Shajanand Soil erosion, oil spillage

10.3 Development related mitigation measures suggested to the management

Construction stage

Use of water to calm the dust

Use of well serviced machines

Use of closed up machines

Put up warning signs within the site

Put up a barrier fence round the site

Operation stage

Contract waste dealers to dispose of the wastes on behalf of the facility

Make regular general public consultation

Conduct risk assessment on the facility

Formulation of waste management policy

Regular fire extinguishers inspection should be undertaken

Develop a Safety Health and environment policy

Monitoring and review stage

Environmental Audit should be conducted on the facility to access it overall environmental

compliancy and recommendation on mitigating some adverse impacts.

Monitor both solid and liquid waste management systems.

Form a waste management team



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Decommissioning stage

Inform all the tenants in advance to secure business spaces and residence elsewhere

Conduct a decommissioning audit

The excavated soil, solid wastes and dusts be systematically disposed adequately

Develop a Safety Health and environment policy



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CHAPTER ELEVEN

11.0 Environmental Management Action Plan

The following chapter contains the plan that was formulated to guide the management and contractor of

this facility during the entire project cycle.

The plan has been presented in three different tables which address the following stages;

Construction stage

Operation stage

Decommissioning and landscaping stage

1) Environmental Management Action Plan on construction stage

Table 11.1: A table showing Environmental Management Action Plan for design implementation

stage

CONSTRUCTION PHASE

Potential impacts Mitigation measures Time frame Estimated

cost

Responsibility

increased

extraction of raw

materials

Ensure extraction site impacts and ensure efficient

use of raw materials in construction

- - -

Ensure accurate budgeting and estimation of actual

construction material requirements to ensure that

the least of materials necessary is ordered as per Bill

of quantities.

Throughout

construction

period

Covered

under

contractor

cost

Proponent and

contractor

Ecosystem

disturbance

Ensure proper demarcation and delineation of the

project area to be affected by construction works

1 month 40,000 Proponent and

contractor

Design and implement an appropriate landscaping

programme to help in re-vegetation of part of the

project area after construction

1 month 30,000 Proponent and

contractor

Run off and soil

erosion

Apply soil erosion control measures such as leveling

of the project site to reduce run-off velocity and

increase infiltration of storm water into the soil

1 month Covered

under

contractor

cost

Proponent and

contractor

Ensure that construction vehicles are restricted to

specific off loading and loading area to avoid soil

compaction within the project site.

Throughout

construction

period

- Proponent and

contractor

Solid waste

generation

Through accurate estimation of the sizes and

quantities of materials required, order materials in

the sizes and quantities they will be needed, rather

Throughout

construction

period

From

proponents

stores

Proponent and

contractor



74

than cutting them to size, or having large quantities

of residual materials

Use of durable, long lasting materials that will not

need to be replaced as often, thereby reducing the

amount of construction waste generated overtime

Throughout

construction

period

- Proponent and

contractor

provide facilities for proper handling and storage of

construction materials to reduce the amount of

waste caused by damage or exposure to the

elements

One off 40,000 Proponent and

contractor

Use building materials that have minimal or no

packaging to avoid the generation of excessive

packaging waste

Throughout

construction

period

- Proponent and

contractor

Dispose waste more responsibly by dumping at

designated dumping sites by Kericho Town

Council; the use of registered waste disposal firm is

advised

Throughout

construction

period

2,000 per

trip

Proponent and

contractor

Air/dust pollution Avoid excavation works in extremely dry weather Throughout

construction

period

- Proponent and

contractor

Sprinkle water on vehicle routes within the site each

day to reduce dust generation by construction

vehicles

Throughout

construction

period

6,000 Proponent and

contractor

Sensitize truck drivers to avoid unnecessary racing

of vehicles engines at loading/offloading point and

parking areas, and to switch off or keep vehicle

engines at these points

Throughout

construction

period

- Proponent and

contractor

Noise pollution Sensitize construction vehicle drivers and machinery

operators to switch off engine of vehicles or

machinery being used

Throughout

construction

period

- Proponent and

contractor

Ensure that construction machinery are kept in

good working conditions to reduce noise generation

Throughout

construction

period

- Proponent and

contractor

Waste of energy

resource

Ensure electrical equipment, appliances and lights

are switched off when not being used

Throughout

construction

period

- Proponent and

contractor

Increased Sensitize staff to conserve water by avoiding water Throughout - Proponent and



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utilization of water

resources

wastage construction

period

contractor

Ensure taps are not running when not in use Throughout

construction

period

- Proponent and

contractor

Promote recycling and reuse of water as much as

possible

Throughout

construction

period

- Proponent and

contractor

Occupational

health and safety

risks

A general register should be kept within the facility

as stipulated in sec 62(1) of the factories and other

places of work act

Once-off 1000 Proponent and

contractor

Suitable, efficient, clean, well lit and adequate

sanitary conveniences should be provided for

construction workers

Once-off 40,000 proponent

Ensure that machinery, equipment, personal

protective equipment, appliances and hand tools

prescribed safety and health standards and be

appropriately installed maintained and safeguarded

Once-off - Proponent and

contractor

All machines and other moving parts of equipment

must be enclosed or guarded to protect all workers

from injury


contractor

Ensure that materials are stored/stacked in such

manner as to ensure their stability and prevent any

fall or collapse


contractor

All floors, steps, stairs and passage of the premises

must be of sound construction and properly

maintained

Once-off As per BQ Proponent and

contractor

Securely fence or cover all openings in the floor Once-off 60,000 Proponent and

contractor

Design suitable documented emergency

preparedness and evacuation procedures to be used

during any emergency

Once-off 10,000 Proponent and

contractor

Well stocked first aid box which is easily available

and accessible should be provided within the

premises


contractor

Firefighting equipment should be provided at Once-off 70,000 Proponent and



76

strategic locations such as stores and construction

areas

contractor

Enough space must be provided within the

premises to allow for adequate natural ventilation

through circulation of fresh air


contractor

Keep records of all hazardous chemicals used at the

premises, cross-referenced to the appropriate

chemical safety data sheets

continuous 2,000 Proponent and

contractor

Controlling dust,

noise and vibration

Ensure that workers at the excavation sites and

other dusty sites are adequately protected from

inhalation of substantial quantities of dust through

provision of suitable nprotective gear


contractor

Preventing body

injury

Suitable overalls, safety footware, dust masks, gas

masks, respirators, gloves, ear protection equipment

etc should be made available and construction

personnel must be trained to use the equipment


contractor

OPERATIONAL PHASE


cost

Responsibility

Collection and

storage of general

solid waste

Provide solid waste handling(bins) and keep them

in good condition to avoid leakage and spills and

sensitize all stakeholders to use them

Once-off 5,000 Proponent,

manager,

tenants

The proponent will ensure no littering of the site

and ensure that all solid wastes generated are

regularly collected, segregated according to their

type and disposed of appropriately

continuous 2,000 per

month

Proponent, manager, tenants

Vector/rodents

breeding grounds

Ensure that there is no space for unplanned

stagnant water retained in the fields.

Recommended measures should be applied when

dealing with rodents and food storage.

A monitoring programme should be put in place

for controlling relative cases observed.

continuous As per need Proponent, manager, tenants



77

Drain blockages The proponent should ensure that there is

adequate means of handling large quantities of

sewage blockages as well as related emergency

situations.

continuous As per need Proponent,

manager,

tenants

Proper monitoring at waste generation points

should be established. A site management plan

should be put in place.

Collection and

storage of

petroleum waste

All emptied containers will be collected and

stored in one central point awaiting transportation

continuous - Proponent,

manager,

tenants

Used and waste oil will be drained into a drum,

which must be in a in a place that has impervious

surface made of concrete

daily 2,000 Manager

The storage area must be well bunded with raised

masonry work to contain any spillage

continuous As per BQ Manager

Used and waste oil that has been collected in the

drum will be delivered to the Kenya pipelines

company for proper disposal

manager 2,000

monthly

Manager

Forecourt surface

quality

Ensure forecourt surface quality by making areas

susceptible to contamination, e.g. near pump

island or off-loading points‟ impermeable to

hydrocarbons and other liquids to prevent

seepage through or below the surface

Once-off As per BQ Manager

Conduct regular inspections to identify any cracks

on the forecourt surface and repair appropriately.

continuous - Manager

Forecourt should be cleaned regularly with water,

including pressure washing and all resultant

wastewater diverted to the drainage system that

feeds the oil/water separator

continuous As per

Water bill

Manager

Drainage system

and oil/water

separator efficiency

Peripheral surface drainage channel should be

established to prevent runoff from the road from

entering the site

Once-off 20,000 Manager

Regular cleaning the oil/water separator by

purging

continuous - Manager

The oil/water separator chambers should be Once-off As per BQ Manager



78

covered completely with metal sheet cover, not

metal grills

Integrity of

equipment and

installation

All dispenser(pumps) should be fitted with leak

proof drip tray to ensure that product from small

internal leaks flows onto the forecourt surface

where it can be noticed and diverted to the side

drainage

Once-off As per BQ Manager

All installations including dispensers, storage

tanks and pipe work should be well maintained

and checked regularly for integrity.

Continuous and

as per

manufacturers

instruction

- Manager

The risk of corrosion failure for fuel storage tanks

and pipe work should be assessed through regular

measurements of soil conditions eg.. moisture,

conductivity, pH

quarterly - manager

Suitable trained and competent personnel should

be leak-tested before reinstallation.

continuous - manager

Integrity of

equipment and

installation

To prevent vapor emission to air during fuel

offloading, fuel storage tanks should be fitted

with appropriate vapor control devices such as

pressure/vacuum valve (P/V valve) to connect

the vapor from the fuel storage tanks to the

delivery tanker.

Once off - manager

An efficient vapor return system should be

maintained to prevent vapor emission to air

during re-fuelling. In this regard, car fill pipes

should be fitted with a special nozzle to collect

vapor from the car tank and return it to the fuel

storage tank

Once off As per BQ manager

All devices such as P/V valves and nozzles

should hold an appropriate safety and

performance approval and should be checked

regularly for integrity.

Continuous - Director/

Manager

Fuel dispensers should be mounted on islands/

protected against collisions by barriers.

- - Director/

Manager



79

Integrity of

equipment and

installations

Dispensing equipment, hoses and nozzles should

be inspected regularly for leaks damage &

malfunctions.


Manager

Nozzle cut off devise should be effective Continuous - Director/ Manager

Individual dispenser isolation switches should

operate effectively.

Continuous - Director/ Manager

Fuel dispenser pumps should operate only when

the fuel hose nozzles are removed from the

dispensers‟ brackets


Ensure that under pump sumps are:

Impervious to fuel

Adequately protected against corrosion

Sealed at all pipe entries to prevent fuel

leakage into the ground and ingress of

ground water

Fitted with an appropriate leak detector

device

Designed to allow easy removal of any fuel or

water that may accumulate


Efficient fuel

delivery procedures

and large spill

response plan

Fuel delivery procedures should include fuel

storage tank level checks to avoid tank overfills,

which could contaminate the environment


Manager

Efficient fuel

delivery procedures

and large spill

response plan

Develop and document an appropriate large spill

response plan to manage fuel spillage and leaks

Once off with

regular reviews

- Director/

Manager

The response plan should be reviewed regularly to

ensure it is up to date and should be

communicated to all staff


Manager

Ensure that all staff should be appropriately

trained on the use of the response plan

Annually - Director/

Manager

Efficient wet stock

monitoring and

leak detection

systems

A computerized effective wet stock monitoring/

leak detection system, will be maintained to

ensure that leaks are detected earliest possible

Continuous 200,000 Director/

Manager

The system will include regular stock

reconciliation and consideration of other sources


Manager



80

of product loss such as theft, faulty gauge probes,

etc

Effluent quality

monitoring

Regular testing of effluent quality should be

carried out. Samples to be considered include

total petroleum, hydrocarbons, benzene, toluene,

xylene (BTEX), ethyl-benzene.


Manager

Energy Resource

Utilization

Switch off electrical equipment, appliances and

lights when not being used

Continuous - Proponent, manager, tenants

Monitor energy use during the operation of the

project and set targets for efficient energy use.


Water

Consumption

Provide safe drinking water at the site for use by

all persons involved at the site.

Continuous 18,000 Proponent, manager, tenants

Collect and store rain water from the roof ( Roof

Catchment) for use to supplement other sources

and reduce surface run-off

Once-off - Proponent, manager, tenants

Promptly detect and repair leaks of water pipes

and tanks

Continuous As per need Proponent, manager, tenants

Ensure taps are not running when not in use and

install taps that turn-off automatically when water

is not being used


Health and safety

of workers

Implement all necessary measures to ensure

health and safety of workers and the general

public during operation of the Petrol Station

Continuous - Proponent

Appropriate Sanitary facilities including toilets

and bathrooms should be provided for both sexes

Once-off As per BQ Proponent

In-case of any accidental injuries, first aid should

be given immediately and medical attention

sought as appropriate

Continuous As per need Proponent

Regular medical examination of the workers

should be done to monitor any occupational

diseases associated with the project

Annually 60,000 Manager

Air pollution Switch off all engines of vehicles fuelling or off

loading fuel at the station

Continuous - Manager

The pump attendant to observe efficiency and

avoid spilling of fuel when serving the customers

or during off loading especially petrol.

Continuous - Manager



81

A stand by generator to be placed at least 20m

from the service area, be switched on only during

power blackout

Continuous As per BQ Manager

Fire emergency

response plan

There should be a fire emergency response plan

in place and response procedures should be

known to all staff

Once off with

regular reviews

- Director

There should be a distinct fire alarm Continuous 40,000 Administrator

Firefighting

equipment

There should be an adequate number of suitable

serviced portable fire extinguishers available and

mounted in convenient locations in the medical

centre. All fire points should be marked RED

Continuous 140,000 Administrator

Fire drills A sufficient number of personnel should be

trained in the use of firefighting equipment

Annually 60,000 Administrator

Fire exits Fire exits should be clearly marked and kept clear

of any obstructions

Continuous As per BQ Administrator

Fire safety Flammable and combustible materials should be

stored properly

Continuous Nil Administrator

Emergency

telephone numbers

Emergency telephone numbers should be

prominently displayed in the premises

Continuous Nil Administrator

Security Ensure the general safety and security at all times

by providing day and night security guards and

adequate lighting within and around the premises

Continuous 8,000 Director/

Administrator

Decommissioning Stage


cost

Responsibility

Remove all

buildings and

structures

All structures, buildings, equipment and

machinery that will not be used for other

purposes must be removed and recycled as far as

possible or taken to a licensed waste disposal site

Once-off As per BQ Contractor/

Proponent

All machinery ,equipment, structures and other

construction waste that is not recyclable or re-

usable should be disposed by a licensed waste

handler at the designated disposal site


Proponent

All foundations must be removed and

construction wastes taken to an authorized

disposal site or be used for backfilling at other


Proponent



82

construction sites

Rehabilitation Areas that are rehabilitating must be demarcated

with danger tape to prevent vehicular or

unwanted access to these areas


Proponent

Re-vegetation Areas identified as potentially subject to erosion

(e.g. steep slopes) must be vegetated with

indigenous grass species. This action will reduce

the time the barren areas will be subject to the

agents of erosion.


Proponent

Areas that are being rehabilitated must be

demarcated with danger tape to prevent vehicular

access to these areas.

Once-off As per BQ Contractor/ Proponent

Re-vegetation of cleared land must be completed

according to Landscaping Plans and emphasis

should be given on planting indigenous grass and

trees

Once-off As per BQ Contractor/ Proponent



83

CHAPTER TWELVE

12.0 Conclusion and recommendations

The main negative environmental impacts of this proposal are: dust, noise, increased runoff destruction

of environment, increased water demand and increased insecurity in the area, increased growth in

informal sector, increased fire risks, consumption of power, solid and domestic waste and waste water

generation. The positive ones are improved urban form, trade in related construction materials and

transport services during the construction and operation phases. The EMP clearly shows how the

environment can be enhanced by adhering to local authority by-laws and the planning standards regarding

zones requirements for these developments and it shows how the project will manage its housekeeping by

reducing risks to occupiers and ensure sound management of the Environment. Thus the proposed

project is recommended for implementation provided that the proponent adheres to the EMP and

monitoring plans and conditions of approval of building plans and any other applicable laws.

Recommendations:

1. Apply for Effluent Discharge License from NEMA

2. Regular testing of basic parameters (fuel, waste water, energy)

3. Comply with all other legal provisions

4. Conduct regular environmental Audits



84

REFERENCE

1. Kenya gazette supplement acts 2000, environmental Management and Coordination Act

No. 8 of 1999. Government Printer, in Nairobi

2. Kenya gazette supplement Acts, Physical Planning Act, 1999. government printer,

Nairobi.

3. Kenya gazette supplement No. 56. Environmental impact assessment and audit

regulations 2003. Government printer, Nairobi.

4. Kenya gazette supplement Acts Local Authority Act (cap 265). government printer,

Nairobi.

5. United Nations, 2000, Millennium Development Goals

6. ACTS press, UNEP-ACTS, 2001, The Making of a Framework Environmental Law in

Kenya, Nairobi

7. Water Act 2002

8. Environmental Management and Co-ordination (Waste Management) Regulations, 2006

Legal Notice No.12

9. The Public Health Act, Cap 242

10. The Factories and Other Places of Work Act.

11. Physical Planning Act. 1996.

12. Way leave Act.

13. Vision 2030

14. Physical Planning Handbook.

15. Water Quality Regulation



85

APPENDICES

Copy of

Land Title Deed

Approved project designs

Bill of Quantities

Public participation questionnaires

Documents

EIA-Shajanand Petrol Station