ADVOKS GLOBAL · KENYA
Sustainable Waste Management Act
19. Duties of private sector entities
Edition: 2022-12-31 · In force
19. Duties of private sector entities
(1)A private sector entity shall prepare a three-year waste management plan and submit an annual monitoring report to the Authority which shall specify—(a)the actual quantities of waste generated by the entity;(b)the waste management methods applied by the entity; and(c)any other information that the Authority may require.(2)Notwithstanding the generality of subsection (1), the Cabinet Secretary shall, within six months of the coming into force of this Act, Gazette the category of private sector entities that shall be required to prepare waste management plans which shall be based on the volume of production of waste.(3)A private sector entity that fails to comply with the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine of not more than two hundred thousand shillings and the person responsible for the private sector entity shall, in addition to the fine imposed on the entity, be liable to imprisonment for a term not exceeding three months.(4)A private sector entity shall—(a)adopt the following cleaner production principles including—(i)improvement of production processes through conserving raw materials and energy;(ii)limiting the use of toxic raw materials to safe laws within such time as may be prescribed by the Authority;(iii)reducing toxic emissions and wastes; and(iv)monitoring the product cycle from beginning to end by;(b)identify and eliminate potential negative impacts of the product;(c)enable the recovery and reuse of the product where possible;(e)incorporate environmental concerns in the design, process and disposal of the product;(f)collect, segregate and dispose of or cause to be disposed of the waste in accordance with this Act;(g)shall segregate waste by separating hazardous waste from non-hazardous waste and dispose of the waste in a facility provided by the county government or the Authority;(h)transfer the waste to a person who is licensed to transport and dispose of the waste in accordance with this Act;(i)clean up and restore the site it was using to its natural state;(j)prepare a waste management plan and integrate it in its corporate strategies and plans; and(k)provide waste segregation receptacles at its premises for organic, plastic and general dry waste.(5)A private entity that generates waste shall segregate the waste by separating hazardous waste and dispose of the hazardous waste in a facility provided by the county government or the Authority.(6)A private entity or any its officers that fails to manage waste in accordance with this Act commits and offence and on conviction, shall be liable to a fine—(a)of at least five per cent of the entity’s net income registered in the previous tax year or five million shillings whichever is the higher; and(b)of at least two hundred thousand shillings for the entity’s officers.(7)Where a private entity or any of its officers has been convicted of an offence under subsection (3), and the entity continues to fail to comply with the provisions of this Act, the entity or the officer commits a further offence and for each day the failure continues on conviction, shall be liable to a fine -(a)not exceeding zero-point-five per cent of the entity’s net income registered in the previous tax year, for the private entity; and(b)not exceeding twenty thousand shillings for the entity’s officers.