Citation  

1. These By-laws may be cited as the Town Council of Taveta (Solid Waste Management) By-laws 2008.

PART 1
Definitions
2. In these By-laws, unless the context otherwise requires:

“Buildings” includes any structure whatsoever purpose used.
“Council” means Town Council of Taveta
“Domestic Refuse” Includes garbage, tins, bottles, ashes, sweepings, from dwellings, offices and shops and all other forms of non liquid domestic refuse, including refuse from gardens, stables and waste products from factories or workshops.
“Nuisance: includes any accumulation or deposit of refuse whether the same be detrimental to health or not.
“Bags” means plastic, nylon, or either material sacks designed to contain solid waste with sufficient strength to maintain physical integrity of the container when lifted by its opening.  The weight of a bag and its contents shall not exceed 15 kilograms.
“Containers” means metal or durable plastic receptacles designed to store solid waste in minimum volume of 2 cubic meters to be lifted mechanically and emptied by gravity.
“Dead animals” means animals or portions thereof which have expired from any cause, except they are properly slaughtered or killed for human consumption.
“Dust bins” means metal or durable plastic receptacles designed to store refuse with a volume or not exceeding 120 litres and provided with a lid and handles for lifting.
“Generators” of waste include households, institutions, commercial establishment, industries and either organization operating within the Town Council Boundaries.
“Hazardous waste” means waste from toxic, flammable corrosive, radioactive, explosive of dangerous waste as defined by the Environmental Management and corporation Acts or by any other laws and they shall include  motor oil, diesel fuel, petrol, paint, solvents, dry cells, vehicle batteries, pesticides, and infectious or otherwise hazardous medical wastes from hospitals and clinics, metallic and/or oily sludges or solvents from commercial and industrial establishments, batteries asbestors materials.
“Premises” means any land, building and/ or structure or portion thereof and the adjourning land used in connection therewith.
“Recycling” means the process of sorting, collecting and turning used materials and/or products including but not limited to newspapers, cartons, cans, bottles, durable plastics, textiles, bones, metals, polythene paper and other materials into new products by reprocessing or remanufacturing them.

•  Refuse has same meaning as solid waste
•  Solid waste means all waste materials generated by household, institution, commercial establishment and industry and discharged from this premise for collections; and litter, street sweepings, drains, cleanings, dead animals and other waste materials except hazardous waste.
“Zone” designated area of service for refuse collection as laid down by the Council from time to time.
“Communal Bins” includes masonry structure built to contain solid waste and any other container meant for such type of usage.

    PART 11

3.0    OWNERSHIP OF REFUSE

3.1  Prior to discharge, disposal or removal of refuse from any generator, refuse is owned by the generator or the owner of the property where the generator is located.
3.2  All refuse discharged renewal or collected from the generator’s Premises, including all refuse which is improperly discharged through littering and clandestine disposal, within the Town Council boundaries is owned by the Council.
3.3  No refuse shall be used for land reclamation, recycling or resource recovery or sold to others for any reason without a written consent of the council whether such refuse is owned by the generator or not.

PART 111

4.0    COMMUNITY PARTICIPATION IN SOLID WASTE MANAGEMENT

4.1    The council may allows any person or a group of persons within the community to take part in refuse collection service in a specified part or zone of the municipality.
4.2    The Council may allow any person or a group of persons allowed to take part in refuse collection to collect such approval fees from generators of refuse to meet the running expenses.
4.3    The Council may withdraw or vary the terms of community participation from time to time as it may deem necessary.
4.4    The Council may lay down conditions and rules for community participation in refuse collection service.
4.5    Any person or a group of persons who:-

i)    Engages in refuse collection service without a specific Council’s authority
ii)    Continues to engage in refuse collection service when the Council has withdrawn such a permit for him to do so. Or
iii)    Breaks any conditions for engaging in refuse collection services.

4.6    All residents of a locality where the council has allowed an individual or a group of individuals to engage in refuse collection service shall pay for the service rendered to the person or group of persons fails to pay the person or a group of persons lawfully allowed undertaking refuse collection service shall be guilty of an offence.
4.7    Any person or a group of persons fails to pay the person or a group of persons lawfully allowed to undertake refuse collection service shall be guilty of an offence.

PART IV

5.0    REFUSE DISPOSAL SITES

5.1  The council may establish new refuse disposal sites and maintain the existing ones.
5.2  The Council may close any refuse disposal ground if in its opinion the site is a health hazard or threat to the environment.
5.3  No person or a group of persons shall deposit refuse anywhere else other than the designated Council’s refuse disposal site.
5.4  The council may from time to time levy a fee for use of its refuse disposal site.
5.5  Any person who deposits refuse anywhere else than at the Council’s refuse disposal site or fails to pay refuse dumping fees commits an offence.
5.6    Any person convicted of an offence under by laws No.5.6 may besides any fine imposed on him also be ordered to pay all costs involving the removal of the wrongly disposal refuse and any other expenses incurred.
5.7  The council may prescribe the kind of refuse to be disposed off in its refuse disposal site and may lay conditions for other types of waste before it is taken there for disposal.
5.8  Any one who disposes refuse in a councils refuse disposal site must have a permit issued under the hand of the Municipal Clerk and appropriate receipt of payment for disposal of refuse.
5.9    The council may prescribe working hours for its dumping sites.
5.10    It is an offence for any one to interfere, remove or otherwise disable any equipment which has been built, for use in the refuse dumping site.
5.11    Every one using any refuse disposal sites must follow the instructions of the Council’s workers or sign posts in the use of the sites.
5.12    Any person who refuses to obey Council workers instructions or disregards the directives on sign boards put up within the refuse disposal area commits an offence.
5.13    Any person including any institution which does not have a permit issued by the Municipal Clerk to deposit refuse in any established refuse disposal site and takes refuse for such disposal commits an offence under these By-laws.

PART V

6.0    PRIVATIZATION OF REFUSE COLLECTION SERVICE

6.1    The Council may appoint individual or companies to carry out refuse collection service in any part or zone of the council on contract for a specific period of time subject to the following conditions:-
6.1.1    The appointment shall be made in an open tendering system.
6.1.2    The person or company selected shall have adequate equipment, staff and financial base to meet the basic requirements for such an undertaking.
6.1.3    The manager who will oversee the activities of the company shall have relevant qualifications in environmental and/or refuse collections and disposal service.
6.2    Any person or company appointed under this part have current licenses, permits and insurance cover for all its operations.
6.3    The  council may authorize a private garbage company or a person engaged in refuse collection service to do any other related business subject to meet all requirements thereof:-
6.4    The council may either:-
i)    Pay the private person or company for the refuse collection contract offered or
ii)    Allow the collection of refuse collection fees directly by the refuse collection firm from the residents receiving such service.

6.5    Where method (ii) is in practice, the private refuse collector shall pay at 10% of his gross collections to the council for supervision and administrative.
6.6    Any person who refuses to pay refuse collection fees provided for in this part commits an offence.
6.7    The council may at its discretion:-
6.7.1    Vary the terms of private refuse collector’s contract in line with councils permitting financial or other circumstances.
6.7.2    If the contractor’s performance does not measure up to council’s expectations or comply with terms of contract.
6.7.3    Cancel the contract or take over the refuse collection service after due notice has been given to the contractor.
6.7.4    Any refuse collection contractor who fails to abide by the terms of agreement and a public health nuisance occurs creates an offence.
6.7.5    Any private refuse collector who is convicted of an offence described in By-laws 6.7 may besides a fine also pay the council as a civil debt all the expenses incurred in aborting the nuisance provided that before any legal action is taken against the refuse collector at least a seven days notice signed by the town clerk has been issued to him to rectify the situation.

PART VI

7.0    REFUSE RECYCLING AND RE-USE

7.1    Every resident or organization or any other body engaged in use and recycling of refuse within the Town Council shall obtain a written permit signed by the Town Clerk.
7.2    The permit shall detail the type of recycling or re-use being practiced and specify the period of its validity.

7.2.1    The Council may charge an annual fee for any recycling or refuse re-use activity.
7.3    Before the Council issues any permit it shall request for a full report of the suitably of such activity from the medical officer of health.
7.4    Any person who engages in refuse recycling and re-use, or breaks conditions laid down in the operations of his business or fails to pay the fees legally imposed on him, shall be guilty of an offence.
7.5    Upon conviction, the court may besides any penalty it may impose on the defaulter; it may also order him to pay all the expenses the council has incurred up to the finalization of the case.

PART VII

8.0    COMMUNAL REFUSE STORAGE BINS AND LITTERING

8.1    The Council may provide masonry, metal or other type of communal storage facility for use by residents of any zone or locality.
8.2    No other material other than refuse or solid waste shall be deposited in these communal refuse storage facilities.
8.3    Any person who:
8.3.1    Fails to deposit refuse inside the communal refusal facility.
8.3.2    Scatters refuse which had been properly stored in the storage facility,
8.3.3    Breaks or any way interferes with the proper functioning of the storage facility, shall be guilty of an offence.
8.3.4    Upon conviction, the offender shall pay a fine of Kshs. 10,000/= or imprisoned for 3 months or to both such fine and imprisonment.
8.4    No person is allowed to throw refuse anywhere else than in the council designated refuse disposal site.
8.5    No private refuse collector is allowed to deposit any refuse collected from anywhere else than in the council designated refuse disposal site.
8.6    Any person who throws refuse on a street, road reserve foot path, open space or in any place which is not a dust bin or refuse disposal ground shall be guilty of an offence.
8.7    Any person found littering the Town shall pay an instant fine of Kshs. 500 to the Town council cashier or any other officer authorized by the council in writing to receive such instant fine.
8.8    Any person who refuses to pay an instant fine shall be guilty of an offence.
8.9    Upon conviction, the court may also order the offender to pay to council as a civic debt any expenses incurred by the council to remove the nuisance created.

PART VIII

9.0    HAZARDOUS WASTE

9.1    All hospitals, Nursing homes and clinics must be registered for refuse collection service by the council.
9.2    The registration form the council will issue to these institutions shall indicate, among other things, the kind of waste expected from the institution and the method of storage prior to disposal.
9.3    Registration form must be filled annually and an appropriate fee for some paid to council.
9.4    No hospital, nursing home or clinic is permitted to mix any of its domestic refuse with any medical or hazardous waste.
9.4.1    All hazardous medical waste should be stored separately and be dealt with as per the ministry of health guidelines.
9.4.2    Any waste from a hospital, nursing home, or clinic which the council shall take for disposal shall only contain domestic waste.
9.4.3    Any needles, syringes, other medical equipments shall be handled by the hospital, nursing homes or clinics and dealt with by burning or burying.
9.4.4    Any hospital, clinic or nursing home which throws any of its waste in a manner likely to create a health hazard or nuisance shall be guilty of an offence.
9.5    Any factory or trade premises which produce hazardous waste shall be wholly responsible to put such measures as to reduce the nature of hazardous of the waste before it is disposed in the council refuse disposal site or anywhere else.
9.6    It is incumbent upon the factory or any trade premises producing or likely to produce hazardous waste to give such information to council prior to its establishment in the Municipality or as soon as its operations produce such type of waste.
9.7    Failure to disclose this information is an offence and upon conviction, the manager or any person responsible for operations of such factory or trade.
9.8    Premises may be liable to a fine not exceeding Kshs. 10,000 or an imprisonment not likely six (6) months or to both such fine and imprisonment.