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ENVIRONMENTAL IMPACT

ASSESSMENT
STUDY REPORT-NEMA/EIA/5/2/11886

PROPOSED DEVELOPMENT OF A PETROLEUM SERVICE


STATION ON ELDORET MUNICIPALITY BLOCK
21(KINGONGO)/91 & 92 ALONG ELDORET JUA KALI ROAD,
ELDORET WEST DISTRICT, UASIN GISHU COUNTY

GPS COORDINATES
Latitude: 032'25.45"N, Longitude: 3514'20.43"E

PROPONENT
AINU SHAMSHI ENERGY LIMITED
P O BOX 5134-00506
NAIROBI

MARCH 2014
Prepared by: Tehilla Company Limited www.tehilla.co.ke
P O Box 640-30100,Eldoret. info@tehilla.co.ke
PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED
2014

ACKNOWLEDGMENT
Tehilla Company Limited Firm of Experts, NEMA Redg. No. 2996 take this opportunity to sincerely
thank the proponent Ainu Shamshi Energy Limited and the contact person Mr. Oscar Ogunde and staff of
Symbion Kenya Limited for their contributions through availing necessary documentations, interviews ,
sharing information through emails and facilitating site visits to enable the Lead Experts to effectively
carry out the Environmental Impact Assessment of the proposed A.S Energy petroleum service station on
plots Eldoret Municipality Block 21(Kingongo)/91 & 92, Uasin Gishu County for preparation of the EIA
project and study reports.

This Environmental Impact Assessment Project Report was prepared as an endeavour to comply with the
Legal requirements as stipulated in Section 58 of the Environmental Management and Coordination Act,
1999, legal notice No. 8.

Sincere appreciation to the neighbours and members of the public for participating in the public
consultations through interviews and survey questionnaires.

LIST OF PARTICIPATING CONSULTANTS

NAME POSITION COMPANY/AFFILIATION


Jimmy Wakaimba Lead Expert NEMA Reg. No. 2097 Tehilla Company limited

Henry Kombo Associate Expert NEMA Redg. Tehilla Company limited


No.6360

LIST OF OTHER PARTICIPATING STAFF

NAME POSITION COMPANY/AFFILIATION

Nancy Wambui Research Assistant Tehilla Company limited

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2014

DECLARATION
The following Environmental Impact Assessment Study Report has been prepared with
authority from the proponent for presentation to the National Environment Management
Authority (NEMA).

PROPONENT: AINUSHAMSHI ENERGY LIMITED


P O BOX 5134-00506
NAIROBI
PIN :P0513381541 REDG .NO:CPR/2010/30730

ASSIGNMENT: To carry out An Environmental Impact Assessment and prepare an EIA


Project Report for the proposed Petroleum Service Station on Plots
Eldoret Municipality Block 21(Kingongo)/91 & 92, along Eldoret Jua
kali road, Eldoret West District, Uasin Gishu County.

REPORT TITLE :Environmental Impact Assessment Project Report for proposed


Petroleum Service Station, Eldoret Municipality Block
21(Kingongo)/91 & 92, along Eldoret Jua kali road, Eldoret West
District, Uasin Gishu County.

CONTACT : MR. OSCAR OGUNDE


PERSON MANAGING DIRECTOR
SYMBION KENYA LIMITED
P O BOX 24002-00502
KAREN, NAIROBI
Tel: 0721-794809 or 020-2610691

PREPARED BY: TEHILLA COMPANY LIMITED


FIRM OF EXPERTS No.2996 stamp
P O BOX 640-30100
ELDORET
www.tehilla.co.ke

LEAD EXPERT: JIMMY WAKAIMBA


Lead Expert NEMA Reg.No. 2097
0717441448, P O Box 640-30100, Eldoret
wakaimba@tehilla.co.ke

Signed.. Date........................

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PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED
2014
EXECUTIVE SUMMARY
The Environment Management and Co-ordination Act (EMCA), 1999, is the legislation that governs
approval of projects requiring EIA studies. The second schedule of the Act lists the projects that are to
undertake EIA studies in accordance with section 58 (1-4) of the Act. It makes it mandatory for any
proponent of a project, before financing, commencing, proceeding with, carrying out, executing or
conducting or causing to be financed, commenced, proceeded with, carried out, executed or conducted by
another person any undertaking specified in the second schedule in the Act, submit a environmental
impact assessment project report to the National Environment Management Authority (NEMA), in the
prescribed form, giving the prescribed information, accompanied by the prescribed fee.

The EIA Project report for the proposed project was prepared and presented to NEMA on 31st January
2014 of ref NEMA/ PR/5/2/11886 and after communication from NEMA vide letter dated 11th February
2014 a Terms of Reference report was presented to NEMA on 12th February 2014 and an addendumto the
same on 28th February 2014.The TOR was approved on 3rd March 2014 and thus the preparation of this
study report.

Ainushamshi Energy Limited is a petroleum company incorporated under the Companies Act (Cap 486)
on the 10th September 2010.Its deals with retail, wholesale and transporting of petroleum products.

The proponent aims to develop a petroleum service station that will provide petroleum dispensing services
for diesel and super, LPG, motor vehicle minor engine service, carwash and will also provide a parking
area for unloaded petroleum tankers.
The purpose of the Environmental Impact Assessment Study is to seek approval for the proposed project
and to provide baseline information upon which subsequent environmental audits shall be based in line
with environmental (Impact Assessment and Audit) Regulations 2003, Kenya gazette supplement No.56,
legislative supplement No.31, Legal Notice No.101 of 13th June 2003.

Tehilla Company Limited firm of experts registered by the National Environment Management Authority
(NEMA); to carry out Environmental Impact Assessments Study (EIAS), Environmental Impact
Assessments (EIA) and Environmental Audits as required by Regulation 14 of the NEMA regulations and
were commissioned by the proponent to prepare an EIA Project Report for the development.
The study was based on a laid down scientific qualitative procedures with most recent methodologies and
analysis required in EIA and strictly adhered to relevant legislative framework governing energy sector.
Our investigation examined the potential impact of the project on the immediate surroundings with due
regard to all project phases from construction, operation and decommissioning. It encompassed all aspects
pertaining to the physical, ecological, socio-cultural, health and safety conditions at the site and its
environs during and after construction.
Some of the positive environmental impacts expected include:-
Provision of petroleum service station along the busy Eldoret-Jua Kali road
Provision of LPG for Kahoya residential estate
Direct and indirect employment opportunities for the locals.
Market for supply of building materials during construction
Market for petroleum products from Kenya Pipeline Company
Gains in the local and national economy
Project Location and description
The proponent aims to develop the petroleum service station on two adjacent plots namely Eldoret
Municipality Block 21(Kingongo)/91 & 92 totaling an area of 0.356 Hectares along the busy Eldoret-Jua
Kali road, Wareng County Council, Eldoret West District , Uasin Gishu County.The proponent has
acquired these two pieces of land from Gapco Kenya Limited as per the attached sale agreement and is in
the process of acquiring title deeds for the same.
The project will include the installation and development of the following;
Three Pump islands with three , twin electronic dispensing pumps and overhead canopy
Cabro paved forecourt with piping , drainage channels , parking area, exit and entrance
Three underground storage tanks of 50M3,70M3 and 50M3
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Sales block having offices , service bay, toilets, lubes and general stores
Overhead water storage tank
Connectivity to public sewer system
An oil interceptor
Acceleration and deceleration lanes
Standby generator
Landscaped open areas with appropriate vegetation
Concrete Perimeter fence
LPG display lock up cage
Summary of possible negative impacts
The table below list the potential environmental impacts during construction and operation phases and
recommended mitigation measures.
POSSIBLE MITIGATION MEASURES
IMPACTS

Loss of Minimize disturbance to flora and fauna in the neighboring areas


Biodiversity Apply soil erosion control measures and carryout landscaping
and
soil erosion
Air and Ensure that noisy machineries are insulated/temporary fenced.
noise Avoid excavation works in dry weather and sprinkle water to reduce dust.
pollution Restrict construction activities to day time only.

Waste Contract a NEMA licensed waste collection and disposal company


Management Segregate, separate and re-use construction wastes.
Connect to a proper septic system and internal sewer network
Provide an efficient drainage system and oil interceptor
Fit hoses with improved nozzle to minimize fuel spills
Traffic Provide a acceleration and deceleration lanes
Provide proper warning signs
Fire safety Install proper fire fighting equipments and sensitize workers on fire safety
e.g. fire extinguishers, sand buckets, water storage tank
Train workers on basic fire fighting techniques
Avoid storage of flammable materials near possible fire source
Occupational Provide and enforce use of PPEs.
health Shield construction activities to minimize accidents.
and safety, Provide first aid facilities and training.
Security Provide adequate security including security guards, perimeter fence,
security lights
Water & Harvest rain water & reuse water where possible.
energy use Install water conserving taps and energy conserving lighting system.
Raise awareness on water and energy conservations
Regulatory Obtain all necessary permits & licenses prior to operation including
compliance approval by Physical Planning Department, Ministry of Lands, Energy
Regulatory Commission, Uasin Gishu County Government and NEMA.

Conclusion
Our conclusion is that the project is important for economic development of the area and has balanced
Environmental considerations and benefits. We have given adequate measures to mitigate negative
impacts and prepared an environmental management plan which the proponent shall adhere to so as to
curb irreparable environmental effects.

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ACRONYMS

NEMA National Environmental Management Authority


EIAS Environmental Impact Assessment Study Report
EIA Environmental Impact Assessment
EA Environmental Audit
EMCA Environmental Management and Co-ordination Act,1999
EMP Environmental Management Plan
EHS Environmental, Health and Safety
GI Galvanised Iron
GOK Government of Kenya
Ha Hectares
SERC Standards and Enforcement Review Committee
ISO International Standard Organization
KES Kenya Shillings
KEBS Kenya Bureau of Standards
UST Underground Storage Tanks
CO Carbon Monoxide
CO2 Carbon Dioxide
NOx Nitrogen oxide
PPEs Personal Protective Equipments
UGCG Uasin Gishu County Government
UST Underground Storage Tank
WRMA Water Resources Management Authority

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TABLE OF CONTENT
ACKNOWLEDGMENT................................................................................................................................ 2
LIST OF PARTICIPATING CONSULTANTS ............................................................................................ 2
LIST OF OTHER PARTICIPATING STAFF .............................................................................................. 2
EXECUTIVE SUMMARY ........................................................................................................................... 4
ACRONYMS ................................................................................................................................................. 6
TABLE OF CONTENT ................................................................................................................................. 7
1. INTRODUCTION ............................................................................................................................... 11
1.1 GENERAL INTRODUCTION ............................................................................................................................................. 11
1.2 PROJECT OBJECTIVES .................................................................................................................................................. 11
1.3 PROJECT JUSTIFICATION ............................................................................................................................................... 11
1.4 EIA OBJECTIVES........................................................................................................................................................... 11
1.5 TERMS OF REFERENCE FOR THE EIA REPORT ............................................................................................................... 12
1.6 METHODOLOGY OF THE EIA REPORT ........................................................................................................................... 12
1.6.1 Environmental Screening ....................................................................................................... 12
1.6.2 Environmental Scoping .......................................................................................................... 12
1.6.3 Desktop Study ........................................................................................................................ 13
1.6.4 Site Visits and Public Consultation........................................................................................ 13
1.6.5 Reporting................................................................................................................................ 13
2. INFRASTRUCTURAL AND ENVIRONMENTAL SETTINGS (BASELINE SURVEY) .............. 14
2.1 INFRASTRUCTURAL SERVICES ............................................................................................................................ 14
2.1.1 Electricity Supply................................................................................................................... 14
2.1.2 Storm water run-off................................................................................................................ 14
2.1.3 Pit latrines .............................................................................................................................. 14
2.1.4 Water Supply ......................................................................................................................... 14
2.1.5 Telephone and Internet Services ............................................................................................ 14
2.1.6 Road works and Accessibility................................................................................................ 14
2.1.7 Waste Management System ................................................................................................... 15
2.1.8 Security .................................................................................................................................. 15
2.1.9 Surface Drainage .................................................................................................................... 15
2.2 ENVIRONMENTAL SETTINGS ............................................................................................................................... 15
2.2.1 Physical Environment ............................................................................................................ 15
2.2.2 Biological Environment ......................................................................................................... 16
3. PROJECT DESCRIPTION ...................................................................Error! Bookmark not defined.
3.1 PROJECT LOCATION ...................................................................................................................................................... 17
3.2 SITE OWNERSHIP .......................................................................................................................................................... 17
3.3 PROJECT DESIGN ........................................................................................................................................................... 17
3.4 DESIGN CRITERIA ......................................................................................................................................................... 17
3.5 PROJECT DESCRIPTION .................................................................................................................................................. 17
3.5.1 Project Activities During Construction ................................................................................. 17
3.5.2 Project Activities during operation ........................................................................................ 18
3.6 DESIGN SPECIFICATIONS............................................................................................................................................... 19
3.7 PROJECT ACTIVITIES..................................................................................................................................................... 20
3.8 STAFF AMENITIES ......................................................................................................................................................... 20
3.8.1 Site Office ............................................................................................................................... 20
3.9 PROJECT CONSTRUCTION ............................................................................................................................................. 20
3.9.1 Sourcing and transportation of building materials ............................................................... 20
3.9.2 Storage of materials ............................................................................................................... 20
3.9.3 Excavation and foundation works .......................................................................................... 20
3.9.4 Masonry, concrete work and related activities ...................................................................... 20
3.9.5 Electrical work ....................................................................................................................... 21
3.9.6 Plumbing ................................................................................................................................ 21
3.9.7 Landscaping ........................................................................................................................... 21
3.9.8 Underground storage tanks installation and pipe works ....................................................... 21
3.10 PROJECT OPERATIONS .................................................................................................................................................. 21
3.10.1 Underground fuel storage and handling................................................................................ 21
3.10.2 Oil interceptor ........................................................................................................................ 21
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3.10.3 Forecourt operations ............................................................................................................. 21
3.10.4 Minor Motor Vehicle Service ................................................................................................. 21
3.10.5 Solid waste and waste water management............................................................................. 21
3.10.6 Housekeeping ......................................................................................................................... 22
3.10.7 General repairs and maintenance ......................................................................................... 22
3.11 DECOMMISSIONING ACTIVITIES.................................................................................................................................... 22
3.11.1 Demolition works ................................................................................................................... 22
3.11.2 Dismantling of equipments and fixtures ................................................................................ 22
3.11.3 Site restoration ....................................................................................................................... 22
3.12 RESPONSIBILITIES ......................................................................................................................................................... 22
3.12.1 Proponents Responsibilities ................................................................................................... 22
3.12.2 Contractors Responsibilities .................................................................................................. 22
3.12.3 Drivers. .................................................................................................................................. 23
3.12.4 Welders. ................................................................................................................................. 24
3.13 PROJECT BUDGET ......................................................................................................................................................... 24
4. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ............................................................ 25
4.1 POLICY GUIDELINE ON ENVIRONMENT AND DEVELOPMENT ........................................................................................ 25
4.1.1 National Environment Action Plan(NEAP) ........................................................................... 25
4.1.2 The National Poverty Eradication Plan(NPEP) ...................................................................... 26
4.1.3 National Policy on Water Resources Management and Development .................................. 26
4.1.4 Policy Paper on Environment and Development (Sessional Paper No.6 of 1999) ................ 26
4.2 ENVIRONMENTAL LEGAL FRAMEWORK........................................................................................................................ 27
4.2.1 Environmental Management and Coordination Act (EMCA), 1999 ..................................... 27
4.2.2 The Environmental Management and Coordination (Water Quality) Regulations, 2006....... 27
4.2.3 Weights and Measures Act, Cap 513. .................................................................................... 28
4.2.4 The Environmental Management and Coordination (Waste Management) Regulations 2006
28
4.2.5 The Environmental Management and Coordination (Water Quality)( Amendment)
Regulations 2012 ................................................................................................................................. 29
4.2.6 The Environmental Management and Coordination ( Noise and Excessive Vibration
Pollution Control) Regulations, 2009 .................................................................................................. 29
4.2.7 Physical Planning Act, 1999 .................................................................................................. 31
4.2.8 Land Control Act ................................................................................................................... 31
4.2.9 Building Code 2000 ............................................................................................................... 32
4.2.10 Occupational Safety and Health Act, 2007 ............................................................................ 32
4.2.11 Petroleum Act Cap. 116 ......................................................................................................... 33
4.2.12 The Energy (Licensing of Petroleum Retail Businesses) Regulations, 2011 ........................ 33
4.2.13 The Water Act 2002 ............................................................................................................... 34
4.2.14 Petroleum Bill of 2002 ........................................................................................................... 34
4.2.15 Fossil Fuel Emission Control Regulations 2006 .................................................................... 34
4.2.16 The Penal Code (Cap.63) ....................................................................................................... 34
4.3 INSTITUTIONAL FRAMEWORK. ...................................................................................................................................... 35
4.3.1 National Environment Management Authority (NEMA) ...................................................... 35
5. PUBLIC PARTICIPATION AND CONSULTATION ...................................................................... 37
5.1 EMPLOYMENT OPPORTUNITIES. .................................................................................................................................... 37
5.2 IMPROVED SECURITY AND TRADE. ............................................................................................................................... 37
5.3 WATER POLLUTION ...................................................................................................................................................... 37
5.4 INCREASE IN TRAFFIC ................................................................................................................................................... 37
5.5 ENVIRONMENTAL AESTHETICS. .................................................................................................................................... 37
6. ENVIRONMENTAL IMPACT ASSESSMENT ................................................................................ 38
6.1 ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ............................................................................................ 38
6.2 IMPACTS DURING CONSTRUCTION ................................................................................................................................. 38
6.2.1 Positive impacts ..................................................................................................................... 38
6.2.2 Negative impacts .................................................................................................................... 38
6.1 IMPACTS DURING OPERATION ....................................................................................................................................... 40
6.1.1 Positive impacts ..................................................................................................................... 40
6.2 NEGATIVE IMPACTS ...................................................................................................................................................... 40
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6.3 IMPACTS DURING DECOMMISSIONING ........................................................................................................................... 41
7. IMPACTS MITIGATION AND MONITORING ............................................................................... 42
7.1 GENERAL ...................................................................................................................................................................... 42
7.2 CONSTRUCTION PHASE ................................................................................................................................................. 42
7.2.1 Minimization of construction waste ....................................................................................... 42
7.2.2 Efficient sourcing and use of raw materials .......................................................................... 42
7.2.3 Minimization of vegetation disturbance................................................................................. 42
7.2.4 Minimization of run-off and soil erosion ............................................................................... 43
7.2.5 Reduction of dust generation ................................................................................................. 43
7.2.6 Minimization of exhaust emissions ........................................................................................ 43
7.2.7 Minimization of noise and vibration ...................................................................................... 43
7.2.8 Reduction of risks of accidents and injuries to workers ........................................................ 43
7.2.9 Reduction of energy consumption ......................................................................................... 44
7.2.10 Minimization of water use ...................................................................................................... 44
7.3 OPERATION PHASE ....................................................................................................................................................... 44
7.3.1 Forecourt services ................................................................................................................. 44
7.3.2 Underground fuel tanks ......................................................................................................... 44
7.3.3 Oil interceptor ........................................................................................................................ 45
7.3.4 Fire safety .............................................................................................................................. 45
7.3.5 Ensuring efficient solid waste management ........................................................................... 45
7.3.6 Minimization of sewage release ............................................................................................. 45
7.3.7 Ensure efficient energy consumption ..................................................................................... 45
7.3.8 Ensure efficient water use ...................................................................................................... 46
8. ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS ........................................... 47
8.1 ENVIRONMENTAL MANAGEMENT PLAN. ....................................................................................................................... 47
8.1.1 Construction Phase Management Plan ................................................................................. 47
8.1.2 Operation Phase Management Plan ....................................................................................... 50
8.1.3 Decommissioning Phase Management Plan .......................................................................... 54
9. RECOMMENDATION AND CONCLUSIONS ............................................................................... 55
9.1 RECOMMENDATIONS .................................................................................................................................................... 55
9.2 CONCLUSION ................................................................................................................................................................ 56
REFERENCES ............................................................................................................................................ 57
APPENDICES ............................................................................................................................................. 58

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List of Tables
Table 1: Facilities data at the filling station
Table 2: UST capacities
Table 3: Maximum permissible noise levels as per the first schedule
Table 4: Maximum permissible noise levels for construction sites
Table 5: Construction Phase Management Plan
Table 6: Operation Phase Management Plan
Table 7: Decommissioning Phase Management Plan

List of Plates

Plate 1: Trucks parked at project site


Plate 2: Eldoret Jua kali road adjacent to site
Plate 3: Residential houses in the neighbourhood
Plate 4: Commercial buildings near the site adjacent to the busy Eldoret-Jua Kali road
Plate 5: Proposed site with no species of flora nor fauna

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1. INTRODUCTION

1.1 General Introduction


Environmental Impact Assessment (EIA) identifies potential environmental impacts of an undertaking and
at the same time measures to mitigate the negative impacts while maximizing on the positive ones. EIA is
a management tool for ensuring development while safeguarding the environment. This safeguards the
environment from project planning, design, construction, operation, monitoring, evaluation and
decommissioning. It is also a decision making tool and should guide whether a project should be
implemented, abandoned or modified prior to implementation.

The EIA Project report for the proposed project was prepared and presented to NEMA on 31st January
2014 of ref NEMA/ PR/5/2/11886 and after communication from NEMA vide letter dated 11th February
2014 a Terms of Reference report was presented to NEMA on 12th February 2014 and an addendum to the
same on 28th February 2014.The TOR was approved on 3rd March 2014 and thus the preparation of this
study report of ref NEMA/EIA/5/2/11886.

1.2 Project Objectives


To provide fuel for the motorists plying the busy Eldoret-Jua Kali road.
Provide quality minor motor vehicle services
Provide LPG to residents of Kahoya estate
Provide parking area for trucks belonging to proponent
Generate income to the proponent.
Add value to the land

1.3 Project Justification


The transportation sector is vibrant in the area as it is along the busy Eldoret-Jua Kali road and there is an
ever-increasing demand for petroleum products including supper and diesel. With the liberalization of
petroleum sector the government encourages local companies involvement in the provision of petroleum
products. It is for this reason that there is a growing presence of local independent petroleum dealers who
are offering an alternative to customers who for a long time have relied on multinational companies for the
products. The proposed service station aims to satisfy an increasing demand for these products and
services at an affordable cost.

The central government will benefit in the form of taxes imposed on construction materials and
various fees charged by different government institutions More importantly, the design of the project
is well thought out and has taken into consideration all the necessary interventions needed to
take care for mitigation of negative impacts on the environment and safeguard safety of construction
workers.

1.4 EIA Objectives


The overall objective of carrying out this EIA is to fulfill the requirements of the Government of Kenya as
stipulated in EMCA, 1999 and the project proponents desire to safeguard the environment and make sure
that the project lives true to the characteristics of a petrol service station.
The specific objectives are:
a) To identify potential environmental impacts of the petrol station;
b) To assess the significance of these impacts
c) To evaluate the relative magnitude of changes likely to occur on the environment as a result of the
project.
d) To propose mitigation measures for the significant negative impacts of the project on the
environment;
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e) To generate baseline data for monitoring and evaluation of how well the mitigation measures are
being implemented during the project cycle;
f) To present results of the EIA in such a way that they can guide informed decision-making.
g) To cover the decommissioning phase of the proposed project;
h) To come up with an Environmental Management Plan;

1.5 Terms of Reference for the EIA report


The terms of reference for writing this report were:
a) To determine environmental compatibility of the proposed petrol service station
b) To identify and evaluate the significant environmental impacts and proposed mitigation measures
of the petrol station
c) To develop and incorporated environmental management and monitoring plans during the project
cycle
d) To evaluate project alternatives

1.6 Methodology of the EIA Report


The methodology used in conducting and writing of this EIA report consisted of the
following:

1.6.1 Environmental Screening


Environmental screening was carried out to determine whether an EIA is necessary for this project and
at what level of evaluation. This took into consideration the requirements of the Environmental
Management and Coordination Act (EMCA), 1999, and specifically the second schedule of the same
act. From the screening process, it was understood that this project will cause significant impacts on the
environment.

1.6.2 Environmental Scoping


In scoping, focus was on environmental impacts of great concern. Environmental issues were
categorized into physical, biological and social-economic aspects. Impacts were also classified as
immediate and long-term impacts.
It included assessment of the proposed project in respect but not limited to:

1. Project Background :the brief history of the proposed project site, the parties involved and
justification of the project in terms of demand or lack of the same, the project area, relevant
policy and legislation, identification of any associated project, or any planned projects
including products within the region which may compete for the same resources; the project
including products, by- products, processes both at implementation and operational level,
resources required for successful implementation and operation of the project and the
different options considered.
2. The proposed project objectives; both in the short and long run; and how they are linked to the
overall objectives.
3. Present environment al conditions; description of the project sit e, ecologi cal zoning
as well as the state of the environment and its surroundings. Attempts will state if it is already
suffering from degradation. If the latter is true, the causes of the original degradation will be
established and if possible, the state of the environment before the observed degradation,
4. Identification of Environmental Impacts; the report will distinguish between significant
positive and negative impacts, direct and indirect impacts and immediate and long term
impacts which are unavoidable and / or irreversible,
5. Analysis of the alternatives to the proposed project; this will involve description of
alternatives and identifying a l t e r n a t i v e s t h a t w o u l d a c h i e v e t h e s a m e
objectives. Alternatives will be compared in terms of potential environmental impacts;

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capital and operating costs; suitability under local conditions; and institutional training and
monitoring requirements.
6. Community/ Stakeholder Consultations: these will be undertaken to determine how the project
will affect the local people / various stakeholders.
7. Budget Analysis; to evaluate the cost of the project and establish its viability in terms of the
expected environmental concerns and measures.
8. Evaluation; an indication of how the information gathered will be evaluated to give optimum
results;
9. Development of an Environmental Management Plan (EMP); to mitigate negative impacts,
recommending feasible and cost effective measures to prevent or reduce significant negative
impacts to acceptable levels,
10. Development of a Monitoring Plan; this will be used in monitoring the implementation
of the mitigation measures and the impacts of the project during construction and operational
phases, and Make necessary recommendations pertaining to the proposed development.

1.6.3 Desktop Study


This involved documentary review of project documents, design and drawing, past EIA relevant
policy, legal and institutional frameworks. Documents containing climatic, demographic data for
Eldoret West district were also relied upon.

1.6.4 Site Visits and Public Consultation


Field visits were meant for physical inspections of the project site in order to gather information on
the state of environment. The study also sought public opinion/views through Public Participation and
Consultation exercise. Clip board questionnaires were administered to the public and interviews held
with neighbours on 7th and 8th January 2014. The questionnaires have been included in the appendix of
this report.

1.6.5 Reporting
In the entire exercise, the proponent and EIA experts contacted each other on the progress of the study
and signing of various documents. The proponent will have to submit ten copies of this report alongside a
Compact Disk to the National Environment Management Authority for review and application for an
EIA license.
All the materials and workmanship used in the execution of the work shall be of the best quality and
description .Any material condemned by the architect shall be removed from the site at the contractors
cost. Environmental concerns need to be part of the planning and development process and not an
afterthought. It is therefore advisable to avoid land use conflicts with the surrounding area through the
implementation of the Environmental Management Plan (EMP)

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2. INFRASTRUCTURAL AND ENVIRONMENTAL SETTINGS (BASELINE SURVEY)


This Section describes the existing infrastructural services, air, water and geological characteristics,
biological, and socio-economic environment, at the proposed site and its neighbourhood. The
description provides the baseline against which impacts of the proposed project will be determined.
Currently the project site is used as a truck parking area for the proponents petroleum tankers.

2.1 INFRASTRUCTURAL SERVICES

2.1.1 Electricity Supply


The site will be connected to the national electricity grid (Kenya Power and Lighting Company) and
will be used in all phases of the project. There is existing KPLC power in the neighbourhood with a
three phase connection at the site. The necessary guidelines and precautionary measures relating to
the use of electricity shall be adhered to.

2.1.2 Storm water run-off


There is a poorly maintained public storm water drain adjacent to the proposed site. The public drain
does not drain to a water body.

2.1.3 Pit latrines


The site has existing pit latrines that the proponent proposes to connect to a septic tank

2.1.4 Water Supply


There is piped water supplied by ELDOWAS near the site though most residents of Baharini trading
centre have dug shallow wells for domestic water use.

2.1.5 Telephone and Internet Services


Landline and mobile telephony is available for most service providers including Airtel, Safaricom,
Orange, Yu etc

Plate 1:Trucks parked at project site Plate 2: Eld-Jua Kali road adjacent to site

2.1.6 Road works and Accessibility


The proposed project is situated at the popularly known miti moja within Kahoya estate along the
Eldoret-Jua Kali, A104 road. This road is in a good condition and is a very busy road .The proposed
site is also served with two earth roads adjacent to the site.

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2.1.7 Waste Management System
There is an elaborate sewer system in the neighbourhood and thus the proponent will connect to it.
Solid wastes especially soil excavations will be used to level the disturbed areas while other solid like
paper, plastics will be handled by an approved NEMA garbage collector, while liquid wastes during
construction and implementation will be connected to the sewer system. An interceptor will also be
incorporated to manage liquid waste.

2.1.8 Security
The proposed site is provided with iron sheets perimeter fence and a 24 hours security guard.

2.1.9 Surface Drainage


The storm water in the vicinity drains along the road. Though there is no elaborate storm water
drainage.

Plate 3: Residential houses in the neighbourhood Plate 4: Commercial building near site
adjacent to the busy Eldoret-Jua Kali road

2.2 ENVIRONMENTAL SETTINGS

2.2.1 Physical Environment

2.2.1.1 Land forms and Soils


The landscape mainly consists of a plateau. These features are covered with shallow poor soil with
no organic matter. Directly below the soil is unconsolidated weathering rock. The soils have a
tendency to seal strongly on the surface leading to a low infiltration rate and hence a lot of run-off.
The area receives a mean annual rainfall of about 750mm.The frequency of the rainfall is unevenly
distributed throughout the year and normally falls in two seasons. The first season is expected
between March and April while the second is expected between October and December.

2.2.1.2 Air Resources


The air quality in the surrounding can be described as fairly fresh. There are no major industries or
pollution emitters within the area apart from several petroleum filling stations and the Kenya Pipeline
Eldoret depot. However it is expected that during construction works the adverse impact will not be
much though dust and other emissions arising from construction activities and machineries.

2.2.1.3 Surface water resources


Surface water is fresh water on earths surface in streams, rivers, lakes, ponds, reservoirs and
wetlands. Surface waters are replenished by the runoff of precipitation from land and are therefore
considered a renewable resource although finite in nature. Rainfall, which is unreliable and highly
erratic, runs rapidly off the barren slopes and causes flash floods in the rivers and valleys. Ground

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water is the common source of fresh water in the district. Such sources include boreholes, wells and
pans. The current source of water supply for the project area is the ELDOWAS piped water system..
There is no major water body within the project area.

2.2.1.4 Noise Pollution


The area is conducive for the proposed project because of its location. During the construction phase,
there is expected to be substantial increase in noise levels especially within the project site especially
during construction. This should be mitigated by applying the necessary safeguards like use of PPEs
for the construction workers and to restrict construction hours to daytime only.

2.2.2 Biological Environment


There are no significant/notable species of flora and fauna at the site as the environs has been highly
modified by human activities. Currently the site has be laid with compacted murram and is used as a
truck parking yard.

Plate 5: Proposed site with no species of flora nor fauna

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3. DESCRIPTION OF PROJECT

3.1 Project Location


The proposed project site is on plots Eldoret Municipality Block 21/Kingongo)/91 & 92 ,along the
Eldoret Jua Kali Road within Eldoret West District, Uasin Gishu County. The land parcel measures
90.5 metres by 34.5 metres as per approved development plans attached in the appendix. The plot is
adjacent to the busy Eldoret Jua Kali road , a Class A International Trunk road and relatively near
the Kenya Pipeline Company , Eldoret depot for ease of sourcing for petroleum products. The
neighbourhood of the proposed site is made up of residential houses, motor vehicle garages and
several similar petroleum service stations

3.2 Site Ownership


The proponent , Ainushamshi Energy Limited has purchased the two plots namely Eldoret
Municipality Block 21/Kingongo)/91 & 92 from Gapco Kenya Limited as per the attached letter of
offer of which the proponent bound themselves to on 31st December 2012.The process of the
proponent acquiring title deeds for the same is ongoing. Copies of the existing title deeds are also
attached in the appendix.

3.3 Project design


The proponent aims to develop a petroleum dispensing service station with three twin-dispensing
pumps and three underground storage tanks for the storage of diesel and Super. The station will also
offer motor vehicle minor services and will have a lubes shop and service bay. The design concept
and criteria for the project were developed in accordance with the general guidelines and standards
used in the design of petroleum service stations in Kenya and are in line with international standards
for best practice. 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.

The p r o p o s e d development i s yet to be approved b y the relevant authorities including ;


Uasin Gishu County Government
Ministry of Lands, Physical Planning Department
NEMA

3.4 Design Criteria

3.5 Project description


The project site will be comprised of a petroleum service station undertaking dispensing of fuels and
motor vehicle minor service. The premise facilities will include a carbro paved forecourt with canopy,
fueling islands, managers office, underground fuel tanks, store, service bay, water storage tank,
acceleration and deceleration lanes, exit and entrance points, among other facilities as per building
plans attached.

3.5.1 Project Activities During Construction


During the project construction the following activities are envisaged:
Site Clearing
The site currently has toilets, pump islands and semi permanent fence. The proponent will
demolish or reuse the existing structures.

Building of a iron sheets perimeter wall to exclude an authorized entry.

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Excavation of tanks storage sites
Installation of fuel tanks in the under ground sites
Laying of petroleum dispensing pipe work
Provision of Drainage and fuel control facilities
Installation of the dispensing pumps on Concrete crash proof islands
Platforms with crash post on either side of the motor way
Construction of building having an office, store, service bay and generator room
These activities will involve soil excavation, transportation and disposal; stone and rock , ballast,
sand steel delivery, compacting ,concrete , ballast and sand mixing .
Trucks loaded with building material will come and leave the site.

3.5.2 Project Activities during operation


During the project operation phase the following activities are envisaged:
Delivery of petrol and diesel, transported from Kenya Pipeline Company Petroleum pipeline
depot in Eldoret. Fuel will be delivered in designated tankers .
Discharging of fuel into underground storage tanks
Dispensing of fuel to motorists
Sale of LPGs
Movement of vehicles in and out of the service station
Minor motor vehicle service including oil change, puncture repairs, car wash
Operation of standby generator
Power to run the facility is sourced from the towns power supply provided by KPLC
generation facility located within the site. Power will be used by dispensing pumps ,office
equipment and lighting purposes.

The project design plans have been presented in the annex of this report. In summary the premise will
have the following facilities.

Table 1: Facilities data at the Filling station

FACILITY QUANTITY REMARKS

Sales block 1 Made of Bricks and iron sheets and will


house service bay, office, lubes shop,
toilets
Forecourt 1 Cabro paved with canopy over pump
islands
Underground storage tanks 3 Pressure tested of 50M3, 70M3, 50M3
(UST) capacity
Product lines 3 Independent with valves
Product pumps 3 Electronic Twin Pumps
Vents pipes / ducts 3 For storage tanks
Dispenser: Low Sulphur 2 From Kenya Pipeline Eldoret depot
Diesel
Petrol 1 From Kenya Pipeline Eldoret depot
Generator room 1 Ventilated
Oil and water interceptor 1 Will have three chambers
Office block 1 356m2
Staff & gents 1 toilet and I urinal Hand sink
customer ladies two toilets Hand sink
toilets
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FACILITY QUANTITY REMARKS

Packing area 10 vehicles Ballast layered


Landscape gardens Open areas Flowers and grass
Security alarm 1 To be installed
Sewer Connectivity 1 As Per plan

Table 2: Underground Storage Tanks capacities


Product Type of Tank wall Capacity No of tanks
tank material (M3)

Petrol UST Mild steel 50 1

Diesel UST Mild steel 50 & 70 2

3.6 Design Specifications


The technology used in the design and development of the project will be based on international
standards, which have been customized by various petrol service stations development in the country.
The project will consist facilities as presented in the architectural drawings in the appendix.
The station will be constructed as per the respective structural engineers 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 pre-painted roofing sheets. The station building will have
bricks 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, an assembly point etc
The station will be provided with facilities for drainage of storm 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 buildings will have adequate natural ventilation through provision of permanent vents in
all habitable rooms, adequate natural and artificial light, piped water from Eldoret Water and
Sanitation Company.

Other features related to the proposed project include:


Forecourt proposed to be cabro paved
The ground will have a gradient that allows drainage towards the storm drainage as per
design.
All equipments to conform to the KEBS standards
The station construction material to be of the right fire rating.
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 water from the roof through
peripheral drainage systems into the public storm water drainage system.
All the fuel dispensers on the site will be approved by the weights and measures department
and have their seals intact before operation.
The underground tanks will be located on the forecourt and have manholes for product
offloading and dipstick checks.
All drainage pipes passing under buildings and driveway to be of PVC type and in 150mm
concrete surround.
Dump proof course provided under all walls.

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All dimensions to be read and not scaled.
Heavy duty Polythene sheeting and anti termite treatment under floor.
All surface beds to cast on well compacted and well consolidated filling.
Iron sheets Perimeter fence around the entire premise.
All plumbing and sanitation work to M.O.H standards
Shell of tank thickness 3mm

3.7 Project Activities


The station main activities will include:
Vehicle refueling
Sale of LPG
Minor motor vehicle repair including oil change, car wash and puncture repair
Re filling the storage tanks

3.8 Staff Amenities

3.8.1 Site Office


The proponent will use the temporary structure in the site as an office and also storing of some
materials to be used during the construction period.

3.8.1.1 Site Toilets


The developer will use t he exi st ing pi t l at rine at t he si t e.

3.9 Project Construction

3.9.1 Sourcing and transportation of building materials


The building materials to be used in construction of the station will be sourced from the neighbouring
areas including the Sirikwa Quarry and hardwares at Eldoret town.
Greater emphasis will be laid on procurement of building materials from within the local area, which
will make both economic and environmental sense. This shall reduce negative impacts of
transportation to the project site through reduced distance of travel by the materials transport vehicles

3.9.2 Storage of materials


Building materials will be stored on site. Bulky materials such as rough stones, ballast, sand and steel
will be carefully piled on site. To avoid piling large quantities of materials on site, the contractor will
order bulky materials such as sand, gravel and stones in bits. Materials such as cement, paints and
glasses among others will be stored in temporary storage structures, which is existing within the
project site.
All materials to be used shall conform to the Kenya Bureau of standards requirements for quality or
equal and approved

3.9.3 Excavation and foundation works


Excavation will be carried out to prepare the site for construction of offices, laying of underground
tanks and drainage systems.

3.9.4 Masonry, concrete work and related activities


The construction will involve a lot of masonry work and related activities. General masonry and
related activities will include concrete mixing, plastering and erection of structure. These activities
are known to be labour intensive and will be supplemented by machinery such as concrete mixers if
need be.

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3.9.5 Electrical work
Electrical work during construction of the station will include installation of electrical gadgets and
appliances including electrical cables, lighting apparatus, sockets etc. In addition, there will be other
activities involving the use of electricity such as welding and metal cutting.

3.9.6 Plumbing
There will be installation of pipe-work for fuel conveyance from the USTs to the pumps. Plumbing
activities will include metal and plastic cutting, use of adhesives, metal grinding and wall drilling
among others.

3.9.7 Landscaping
To improve the aesthetic value or visual quality of the site once construction works ceases, the
proponent will carry out landscaping. This will include establishment of flower gardens and grass
lawns and will involve replenishment of the topsoil. It is noteworthy that the proponent will use plant
species that are available locally
preferably indigenous ones for landscaping.

3.9.8 Underground storage tanks installation and pipe works


The installation of USTs will involve; formation of the anchorage concrete saddles, lowering the
tanks and application of protective surfacing materials on the tank shells. The USTs will then be
backfilled using sand or any other approved materials. Abstraction and fill manholes shall be
constructed over the fuel conveyance pipeline, fill lines and vent pipes shall be laid in masonry wall
ducts from the tanks manholes to respective terminus at the dispensing pumps, to-loading points and
the vent up-stand pipes respectively.

3.9.8.1 Bulk Construction Materials


The bulk materials to be stored on site include: sand, ballast, stones, cement, quarry chips and
timber. These materials will be sourced from dealers within the area However, to avoid
material accumulation with potential for obstructing site activities, inducing safety hazards and
creating a nuisance in the neighbourhood, the main contractor intends to have materials delivered in
small quantities.

3.10 Project Operations


Completion of construction activities will be followed by c o m m i s s i o n i n g o f t h e
project.

3.10.1 Underground fuel storage and handling


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

3.10.2 Oil interceptor


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

3.10.3 Forecourt operations


Activities on the forecourt will mainly be vehicle refueling only.

3.10.4 Minor Motor Vehicle Service


This will include engine oil change, puncture repair and high pressure carwash

3.10.5 Solid waste and waste water management


The proponent will provide facilities for handling solid waste generated within the facility. These will
include a refuse storage section for temporarily holding waste within the premises before final
collection and disposal by a NEMA licensed firm. The sewerage from the premise will be disposed
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through the local public sewer system and wastewater and oil will be disposed off through oil/water
interceptor.

3.10.6 Housekeeping
The cleaning activities will involve use of substantial amounts of water and detergents and which will
be done manually.

3.10.7 General repairs and maintenance


The station facilities will be repaired and maintained regularly during operational phase. Such
activities will include repair of forecourt, , repairs and maintenance of electrical gadgets and
equipments, repairs of leaking pipes, painting, maintenance of flower gardens and grass lawns, and
replacement of worn out materials and ballast at the forecourt among others.

3.11 Decommissioning Activities


Decommissioning means the final disposal of the project and associated materials at the expiry of the
project life span.
Although decommissioning of this project is probably the last thing for as long as the proponent is
concerned, it is prudent to develop a project with its eventual demise.
Should there be a need for decommissioning the project; the process will involve the following:

3.11.1 Demolition works


Upon decommissioning, all the station facilities including buildings, canopy, pavements, drainage
systems and driveway will be demolished. This will produce a lot of solid waste, which will be reused
for other construction works or if not reusable, disposed of appropriately by a licensed waste disposal
company.

3.11.2 Dismantling of equipments and fixtures


All equipments including electrical installations, furniture, partitions, USTs, pumps, pipe-work
among others will be dismantled and removed from the site on decommissioning of the project.
Priority will be given to reuse of these equipments in other projects. This will be achieved through
resale of the equipments to other station owners or contractors or donation to schools, churches and
charitable institutions. Specialized treatment to equipments with fuel products remnants may be
necessary for safety.

3.11.3 Site restoration


Once all the waste resulting from demolition and dismantling works is removed from the site, the site
will be restored through replenishment of the topsoil and re-vegetation using indigenous plant
species.

3.12 Responsibilities

3.12.1 Proponents Responsibilities


The proponent will have to ensure that all legal provisions and standardization benchmarks are
observed .In this regard, the proponent shall ensure that:
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.

3.12.2 Contractors Responsibilities


The contractor will have the following duties:
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The contractor is to comply with all regulations and by-laws of the local Authority including
serving of notices and paying of the fees.
Prepare and maintain an approved time and progress chart, showing clearly the period allowed
for each section of the work. During the night public holidays and any other time when no
work is being carried out onsite, the contractor shall accommodate only security personal and
never should a labor camp be allowed onsite.
The contractor shall 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.
The contractor shall provide at his own risk, and cost all water required for use in connection
with the works including the work including the work of subcontractors, and shall provide
temporary storage tanks,
The contractor shall 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.
The contractor shall be responsible for all the action of the subcontractor in first instance.
The contractor shall take all possible precaution to prevent nuisance, inconvenience or injury
to the neighboring 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 not be allowed to assemble or wait around the premises main gate.
The contractor shall take al effort of muffle the noises from his tools, equipment and workmen
to not more than 60 Decibels
The contractor shall upon completion of working, remove and clear away all plant, rubbish
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.
No shrubs, trees, bushes or underground shall be removed except with the express approval of
the architect.
No blasting shall be permitted without the prior approval of the architect and the local
authorities.
Borrow pits will only be allowed to be opened up on receipt of permission from the Architect
The standard of workmanship shall not be inferior to the current British codes of practice and
/or the Kenya Bureau of Standards where existing. 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.
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.

3.12.3 Drivers.
Within the construction premises, the following traffic rules will be observed:
Observe speed limits and all other signs and obey traffic rules
Use the vehicle for the purpose to which it is intended only.
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3.12.4 Welders.
Workers carrying out welding activities will ensure that:
Welding clamps are fixed such that no current passes through any moving parts of any
machine,
Welding clamps are in good operating condition, and
Slag or molten metal arising from welding activities does not start up fires by.
Notify the workers that all is well when emergencies have been attended to.

3.13 Project Budget


The cost of the project is Kshs.30,000,000.00 (Thirty million shillings only)
A NEMA submission fee equivalent to 0.1 % of the project cost ( Ksh. 30,000.00) has be paid to the
NEMA Revenue Account and submitted to NEMA together with the Project report. A summary of the
Bill of Quantities is attached in the appendix.

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4. POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK


Environmental Impact Assessment is an instrument for environmental management and development
control. It is now accepted that development projects must be economically viable, socially acceptable
and environmentally sound. It is a condition of the Kenya Government for developers to conduct
Environmental Impact Assessment (EIA) on the development Projects.
According to Sections 58 and 138 of the Environmental Management and Coordination Act (EMCA)
No. 8 of 1999 and Section 3 of the Environmental (Impact Assessment and Audit) Regulations, 2003
(Legal Notice No.101), construction of buildings require an Environmental Impact Assessment project
report prepared and submitted to the National Environment Management Authority (NEMA) for review
and eventual licensing before the development commences. This was necessary as many forms of
developmental activities cause damage to the environment and hence the greatest challenge today is to
maintain sustainable development without interfering with the environment.
The newly enacted constitution has also given the environment the audience it deserves by having various
Articles on the environment. Most basic is the right of every Kenyan citizen to a clean and healthy
environment as stated in Chapter 4 of the Bill of Rights Article 42 which also includes the right to
a) Have the environment protected for the benefit of present and future generations through
legislative and other measures particularly those contemplated in article 69 , which states in part
that
Article 69. (1) The state shall-
(f) establish systems of environmental impact assessment, environmental audit and
monitoring of the environment
Environmental Impact Assessment (EIA) is a methodology used to identify the actual and probable
impacts of projects and programmes on the environment and to recommend alternatives and mitigation
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. The national EIA regulations were issued in accordance with the provision of the
Environmental Management and Coordination Act - (EMCA 1999). This EIA study takes into
consideration the following policy and legal instruments.

4.1 Policy Guideline 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 that will conform to acceptable health guidelines.

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, use of low non-
waste technologies, increased public awareness and appreciation of a 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.
Environmental policies cut across all sectors and government departments. As such policy
formulation should be consultative steered by interdisciplinary committees

4.1.1 National Environment Action Plan(NEAP)


National Environmental Action Plan was a deliberate policy effort to integrate environmental
concerns into the countrys development initiatives/plans. This assumed a consultative and multi-

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sectoral approach. Such an approach ensured that environmental management and the conservation
becomes integral in various decision making platforms.
As a result of its adoption and implementation, establishment of appropriate policies and legal
guidelines as well as harmonization of the existing ones have been accomplished and/or are in the
process of development. Under the NEAP process, Environmental Impact Assessments were
introduced targeting the industrialists, business community and local authorities

4.1.2 The National Poverty Eradication Plan(NPEP)


The objective NPEP is to alleviate poverty in rural and urban areas by 50 percent by the year 2015; as
well as the capabilities of the poor and vulnerable groups to earn income. It also aims to narrow gender
and geographical disparities and a healthy, better educated and more productive population. This plan has
been prepared in line with the goals and commitments of the World Summit for the Sustainable
Development (WSSD) of 1995. Since lack of clean and adequate water supply is among the
indicators of poor societies, pursuits to address it build individuals capacity to relieve this problem.

4.1.3 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 countrys socio-economic
progress, it also recognizes the by-products of this process as wastewater. It, therefore, calls for
development of appropriate sanitation systems to protect peoples health and water resources from
institutional pollution.
This implies that Industrial and commercial development activities should be accompanied by
corresponding waste management systems to handle the waste water and other waste emanating there
from. The same policy also requires that such projects undergo comprehensive EIAs that will
provide suitable measures to be taken to ensure environmental resources and peoples health in the
immediate neighbourhood and further downstream are not negatively impacted by the emissions. As a
follow-up to this, EMCA,1999 requires annual environmental audits to be conducted in order to
ensure that mitigation measures and other improvements identified during EIAs are implemented.
In addition, the policy provides for charging levies on waste water on the basis of quantity and
quality. The polluter-pays-principle applies in which case parties contaminating water are
required to meet the appropriate cost of remediation. Consequently, to ensure water quality, the
policy provides for establishment of standards to protect water bodies receiving wastewater, a process
that is ongoing. The standards and measures to prevent pollution to water resources are
provided for in the Environmental Management and Coordination (Water Quality) Regulations, 2006
which is a supplementary legislation to EMCA, 1999.

4.1.4 Policy Paper on Environment and Development (Sessional Paper No.6 of


1999)
The key objectives of the Policy include: -
(i) To ensure that from the onset, all development policies, programmes and projects take environmental
considerations into account,
(ii) To ensure that an independent environmental impact assessment (EIA) report is prepared for any
industrial venture or other development before implementation,
(iii) To come up with effluent treatment standards that will conform to acceptable health guidelines.

Under this paper, broad categories of development issues have been covered that require a sustainable
development approach. These issues relate to waste management and human settlement. The policy
recommends the need for enhanced re-use/recycling of residues including wastewater, use of low or
non-waste technologies, increased public awareness raising and appreciation of a 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
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rural and urban areas and provision of basic needs such as water, drainage and waste disposal
facilities among others.

4.2 Environmental Legal Framework

4.2.1 Environmental Management and Coordination Act (EMCA), 1999


This EIA project report has been undertaken in accordance with the provisions of Section 58 of
Environment Management and Coordination Act, 1999 and subsequent EMCA (Environmental
Impact Assessment /Environmental Audit regulations, 2003). Part II of EMCA, 1999 states that every
person is entitled to a clean and healthy environment and had the duty to safeguard the same. In this
regard, development proposals should not compromise the quality of the environment. Section 58 of
EMCA No.8 of 1999 and EIA/EA regulations, 2003 underscore the need for environmental impact
assessments for development including petrol service station.

The Environment Management and Coordination Act (EMCA), 1999 provides for the establishment
of an umbrella legal and institutional framework under which the environment in general is to be
managed. EMCA is implemented by the guiding principle that every person has a right to a clean and
healthy environment and can seek redress through the High court if this right has been, is likely to be or
is being contravened.

Pursuant to section 25 (4) of EMCA, National Environmental Management Authority (NEMA) is


required to restore degraded environmental sites using the National Environmental Restoration
Fund. Currently, the restoration fund consists of 0.05 % levied from industries and other project
proponents through the EIA process. Section 58 of the Act makes it mandatory for an Environmental
Impact Assessment study to be carried out by proponents intending to implement projects specified in
the second schedule of the Act which are likely to have a significant impact on the environment.
Similarly, section
68 of the same Act requires operators of existing projects or undertakings to carry out environmental
audits in order to determine the level of conformance with statements made during the EIA study.
The proponent is required to submit the EIA and subsequent environmental audit reports to NEMA
for review and necessary action.
Section 72 of the Act prohibits discharging or applying poisonous, toxic, noxious or obstructing
matter, radioactive or any other pollutants into aquatic environment. According to section 73 of
the act, operators of projects which discharge effluent or other pollutants into the aquatic environment
are required to submit to NEMA accurate information on the quantity and quality of the effluent.
Section 74 provides that all effluent generated from point sources are to be discharged only into the
existing sewerage system upon issuance of prescribed permit from the local authorities.
Section 87 (1) makes it an offence for any person to discharge or dispose of any wastes, whether
generated within or outside Kenya, in such a manner as to cause pollution to the environment or ill
health to any person.
The proponent is advised that environmental protection facilities or measures to prevent pollution and
ecological deterioration such solid waste management p l a n s , a n d aesthetic improvement
programmes are implemented and maintained throughout the project cycle

4.2.2 The Environmental Management and Coordination (Water Quality)


Regulations, 2006
These Regulations were published in the Kenya Gazette Supplement No. 68, Legislative Supplement
No. 36, and Legal Notice No. 120 of 29th September, 2006. The Regulations provide for sustainable
management of water resources including prevention of water pollution and protection of water
sources (lakes, rivers, streams, springs, wells and other water sources).
It is an offence under Regulation No. 4 (2), for any person to throw or cause to flow into or near a

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water resource any liquid, solid or gaseous substance or deposit any such substance in or near it, as
to cause pollution.
Regulation No. 11 further makes it an offence for any person to discharge or apply any poison, toxic,
noxious or obstructing matter, radio active waste or other pollutants or permit the dumping or
discharge of such matter into the aquatic environment unless such discharge, poison, toxic, noxious or
obstructing matter, radioactive waste or pollutant complies with the standards for effluent discharge
into the environment
Regulation No. 14 (1) requires every licensed person generating and discharging effluent into the
environment to carry out daily effluent discharge quality and quantity monitoring and to submit
quarterly records of such monitoring to the Authority or its designated representatives.
The proponent i s a d v i s e d t o p u t i n p l a ce appropriate measures to prevent pollution of
underground and surface water which will be implemented throughout the project cycle.

4.2.3 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.

4.2.4The Environmental Management and Coordination (Waste Management)


Regulations 2006
These Regulations were published in the Kenya Gazette Supplement No. 69, Legislative Supplement
No. 37, and Legal Notice No. 121 of 29th September, 2006. The regulations provide details on
management (handling, storage, transportation, treatment and disposal) of various waste streams
including:
domestic waste
industrial waste,
hazardous and toxic waste
pesticides and toxic substances
biomedical wastes and
radioactive waste
Regulation No. 4 (1) makes it an offence for any person to dispose of any waste on a public
highway, street, road, recreational area or in any public place except in a designated waste
receptacle.
Regulation 5 (1) provides categories of cleaner production methods that should be adopted by
waste generators in order to minimize the amount of waste generated and they include:
Improvement of production process through-
Conserving raw materials and energy
Eliminating the use of toxic raw materials and wastes
Reducing toxic emissions and wastes

Monitoring the product cycle from beginning to end by-


Identifying and eliminating potential negative impacts of the product
Enabling the recovery and re-use of the product where possible, and
Reclamation and recycling and

Incorporating environmental concerns in the design and disposal of a product

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The proponent is advised to ensure that the contractor adopts and implements all possible cleaner
production methods during the construction and operations phase of the project.

Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non-
hazardous waste for appropriate disposal.
Regulation 14 (1) requires every trade or industrial undertaking to install at its premises anti-pollution
equipment for the treatment of waste emanating from such trade or industrial undertaking.
Regulation 15 prohibits any industry from discharging or disposing of any untreated waste in any
state into the environment.
Regulation 17 (1) makes it an offence for any person to engage in any activity likely to generate any
hazardous waste without a valid Environmental Impact Assessment license issued by NEMA.
Regulation 18 requires all generators of hazardous waste to ensure that every container or package for
storing such waste is fixed with a label containing the following information:
The identity of the hazardous waste
The name and address of the generator of waste
The net contents
The normal storage stability and methods of storage
The name and percentage of weight of active ingredients and names and
percentages of weights of other ingredients or half-life of radioactive material
Warning or caution statements which may include any of the following as
appropriate-
The words WARNING or CAUTION
Regulation 19 (1) requires every person who generates toxic or hazardous waste to treat or cause to be
treated such hazardous waste.
During the construction of the project, the proponent is advised to ensure that the main contractor
implements the above mentioned measures as necessary to enhance sound waste management.

4.2.5 The Environmental Management and Coordination (Water Quality)(


Amendment) Regulations 2012
These regulations stipulate that an effluent discharge license is to be acquired for petroleum service
station.
The proponent is advised to comply with these regulation and acquire an Effluent Discharge License from
NEMA.

4.2.6 The Environmental Management and Coordination ( Noise and Excessive


Vibration Pollution Control) Regulations, 2009
These regulations were published as legal Notice No. 61 being a subsidiary legislation to the EMCA,
1999. The regulations provide as follows:
i. Prohibition of excessive noise and vibration
ii. Provisions relating to noise from certain sources
iii. Provisions relating to licensing procedures for certain activities with a potential of emitting
excessive noise and/or vibrations and
iv. Noise and excessive vibrations mapping.
According to regulation 3 (1), no person shall make or cause to be made any loud, unreasonable,
unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose,
health or safety of others and the environment. Regulation 4 prohibits any person to (a) make
or cause to be made excessive vibrations which annoy, disturb, injure or endanger the comfort,
repose, health or safety of others and the environment; or (b) cause to be made excessive
vibrations which exceed 0.5 centimeters per second beyond any source property boundary or 30
metres from any moving source.
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Regulation 5 further makes it an offence for any person to 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.

Zone Sound Level Limits dB(A) Noise Rating Level (NR)


(Leq, 14h)

(Leq,14h)
Day Night Day Night
A Silent Zone 40 35 30 25
B. Places of worship 40 35 30 25
C. Residential: Indoor

45 35 35 25
Outdoor 50 35 40 25
D. Mixed residential
(with some
commercial and
places of
entertainment)

55 35 50 25

E. Commercial 60 35 55 25
T
Table 3: Maximum Permissible Noise Levels as per the First (1st) Schedule

Time Frame:
Day: 6.00 a.m - 8.00 p.m (Leq, 14 h)
Night: 8.00 p.m 6.00 a.m (Leq, 14 h)
Regulation 12 (1) makes it an offence for any person to operate a motor vehicle which- (a) produces
any loud and unusual sound; and (b) exceeds 84 dB(A) when accelerating. According to sub
regulation 2 of this regulation, No person shall at any time sound the horn or other warning device of
a vehicle except when necessary to prevent an accident or an incident.
Regulation 13 (1) provides that except for the purposes specified in sub-Regulation (2) there under,
no person shall operate construction equipment (including but not limited to any pile driver, steam
shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or
repair work so as to emit noise in excess of the permissible levels as set out in the Second Schedule
to these Regulations.

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(Measurement taken within the facility)
Facility Maximum Noise Level Permitted (Leq) in
dB(A)
Day Night
i. Health facilities, educational
institutions, homes for disabled etc.
60 35

ii. Residential 60 35
iii. Areas other than those 75 65
prescribed in (i) and (ii)

Table 4: Maximum Permissible Noise Levels for Construction as per the Second (2nd) Schedule
Time Frame:
Day: 6.00 a.m. 6.00 p.m. (Leq, 12 h)
Night: 6.00 p.m. 6.00 a.m. (Leq, 12 h)

Regulation 16 (1) stipulates that 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. According to regulation 18 (6) the license shall be
valid for a period not exceeding seven (7) days
Regulation 19 (1) prohibits any person to carry out activities relating to fireworks, demolitions,
firing ranges or specific heavy industry without a valid permit issued by the Authority. According to
sub regulation 4, such permit shall be valid for a period not exceeding three months.
The project proponent is advised to comply with the above mentioned regulations in order to promote
a healthy and safe working environment including applying for a license to emit noise/vibrations in
excess of permissible levels from NEMA

4.2.7 Physical Planning Act, 1999


Physical Planning Act, 1999 gives the local authority power to prohibit or control development
activities in their jurisdictions. Section 30 states that any person who carries out development without
development permission will be required to restore the land to its original condition. It also states that
no other licensing authority shall grant license for commercial or industrial use or occupation of any
building without a development permission granted by the respective local Authority.
Finally, section 36 states that if development with a development action, local authority is of the opinion
that the proposed development activity will have injurious impacts on the environment, the applicant
will be required to submit together with the application the EIA report.
The proponent is advised to get all necessary permissions and approvals from physical planning
department before any construction takes place including a change of user.

4.2.8 Land Control Act

4.2.8.1 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; -
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(i)A citizen of Kenya; or
(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
(iv)A state corporation within the meaning of State Corporation Act:

4.2.8.2 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.

The proponent is advised to acquire title deeds for the project site plots.

4.2.9 Building Code 2000


Section 194 requires that where sewer exists, the occupants of the nearby premises shall apply to the
local Authority for permit to connect to the sewer line and all the wastewater must be discharged in to
sewers. The code also prohibits construction of structures or building on sewer lines.
The project site is near the public sewer line.

4.2.10 National Construction Authority Act, 2011


This Act establishes the National Construction Authority with the objective of overseeing the construction
industry and coordinates its development in the country.

The proponent is advised to engage a contractor that is licensed by the National Construction Authority .

4.2.11 Occupational Safety and Health Act, 2007


The Act makes provision for the health, safety and welfare of persons employed in work places. The
provisions require that all practicable measures be taken to protect persons employed in a workplace from
dust, fumes or impurities originating from any process within the facility. The provisions of the Act are
also relevant to the management of hazardous and non-hazardous wastes, which may arise at a project site.
For developments such as construction and mining projects, the Act is important as it requires project
proponents to have adequate management procedures of occupational safety and health at the work places.
In particular the project should be implemented in accordance with the requirements of the Mining Act,
2007 e.g. Fire Risk Reduction Rules etc. For safe activities on site the proponent and project managers
should ensure the following;
Provision of PPEs fire safety, electrical safety and other precautions essential for safe working.
Provision of physical barriers and solid separators dust barriers, hazard barriers, temporary walk
ways among others , as explained in the abstract of the Act
Inspection of all mining equipments to be used to ensure that they are in good working condition
before beginning a job. In addition the proponent will ensure that regular inspections and
maintenance of the equipment are conducted accordingly
Ensure the availability and display of the abstracts of the Occupational Safety and Health Act,
2007 and the Mining Act, Cap 306 on site during proposed project implementation and
decommissioning
Provisions of a First Aid Kit stocked in accordance with the First Aid Rules, 1977 .

The proponent is advised to comply with this regulation during constriuction and operation
phases.

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4.2.12 Petroleum Act Cap. 116
Current legislation regulating installations and using petroleum products is contained in the Petroleum
Act,Cap.116, which sets out numerous requirements relating to fire precautions. An effort to enact a new
Petroleum Bill in 2002, which had more stringent environmental, health and safety provisions, was not
successful.
The following Petroleum Rules are defined in the Petroleum Act:
Storing petroleum products is prohibited within a municipality or a township in a building the sides
or roof of which are wholly or mainly constructed of inflammable material.
Petroleum in bulk (must be stored in an installation, while petroleum not in bulk must be kept in a
storage shed)
An application for the grant of a licence is required to be accompanied by specifications and plans
indicating the following:
The premises to be licensed;
The position of the premises in relations to adjoining property;
The position and capacity of all tanks, storage sheds and filling stations, the position of all
buildings, structures or other works within the installation, and the manner in which the petroleum
is to be stored;
All lighting arrangements
Containment should be provided where petroleum storage is above ground.
A licence is issued by the Minister for Energy is required, but must be approved by the local
authority if the petroleum is to be stored within a municipality or a township.
Additionally, the Rules and conditions of the license are known to, and served by, all persons
employed in or about the licensed premises, and that unauthorized persons do not have access to
the licensed premises.
The project shall be constructed and operated according to rules of the petroleum Act in general. The rules
are stipulated in the subsidiary legislation of the Act.
Section 5 states that the occupier of any premises in which petroleum is kept in contravention of any rules
made under this Act shall be guilty of an offence.
Section 6 states that if any person to whom any license is granted under any rules made under this Act
contravenes any of the conditions of license, he shall be guilty of an offence.
Petroleum rules, Part III Section 13(1) provides guidelines on storage of petroleum.
According to the Section, no person shall store petroleum except in accordance with a license issued by
the licensing Authority.
Petroleum rules, Part III Sections 19 and 29 provide guidelines on storage sheds and associated
installations.
According to Section 19(1), no person shall, in or near any storage shed or installation, do any act, which
is likely to cause fire
Petroleum rules, Part III Section 20 provides guidelines on precautions against fire. According to Section
20(6), an efficient fire service shall be provided in every installation and the employees shall be instructed
periodically in the use of various fire appliances.
Petroleum rules, Part III Section 22 specifies that the distances between tanks and between tanks and other
buildings and between tanks and the boundaries of the installation shall, where the tanks are constructed
below or partially below ground in accordance with the provisions of paragraphs (1) and (2) of rule 24 of
the rules, and, in the case of tanks constructed above ground level the spacing shall be as specified in the
schedule in Section 24.

4.2.13 The Energy (Licensing of Petroleum Retail Businesses) Regulations, 2011


This regulation Prohibits against construction or modify a petroleum retail dispensing site without a
construction permit from the Energy Regulatory Commission as stated on section of 4.(1) of the
Regulations;

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3. (1). A person shall not construct or undertake modification of a petroleum retail dispensing site
except in accordance with the Act, these Regulations and the terms and conditions of a valid
petroleum retail dispensing site construction permit issued by the Commission or its agents.
The proponent is advised to acquire a petroleum retail dispensing permit from the Energy Regulatory
Commission before commencement of operations.

4.2.14 The Water Act 2002


The purpose of the Water Act is to provide for the management, conservation, use and control of water
resources and for the acquisition and regulation of rights to use water, to provide for the regulation and
management of water supply and sewerage services. Except for waters that are wholly situated in a private
landowners domain, the Act vests the rights over all surface and ground water in the state. This is only
subject to the rights which users may acquire under license from time to time.
The overall power for the control of every body of water is exercised by the Minister.
The minister has the duty to promote the investigation, conservation and proper use of water resources
throughout Kenya. The Act provides for a Water Resource Management Authority whose functions
include, inter alia, develop principles and procedures for allocation of water resources, monitor national
water resource management strategy, determine applications for permits for water use, regulate and
protect water resources quality from adverse impacts,
manage and protect water catchments, etc.
In addition, under the Water (Catchments Board) Rules promulgated by the Minister, the country is
divided into six Catchments Boards, vis--vis Tana Catchments Board, Rift Valley Catchments Board,
Athi Catchments Board, Ewaso Nyiro Catchments Board, Lake Victoria (North) Catchments Board, and
Lake Victoria (South) Catchments Board. But these boundaries are subject to variation depending on
available hydrological information.

Under the Act, the Minister may declare an area to be a conservation area and direct that special measures
be taken for the conservation of ground water therein. Every person who has been using ground water in
an area declared to be a conservation area and who desires to continue with the use must obtain a permit
within six months of the order. It is an offence to disobey such an order.
Protection of water supply is clearly a critical issue under the Act. Once the Minister has appointed a
water undertaker to be responsible for control and distribution in a given area, there is a corresponding
commitment to ensure the security of the supply. Accordingly, whenever the Minister is satisfied that
special measures are necessary for the protection of a catchments area from which water is obtained; he
may declare such an area to be protected area. By order, the Minister may regulate or prohibit activities
within that area which may be contrite to the requisite conservation goals.

4.2.15 Petroleum Bill of 2002


Part III section 8 deals with licensing. It requires a license for anyone who stores or transports
petroleum.Part V section 28 deals with safety and environmental standards. Notwithstanding the
provisions of the act, own use of petroleum facilities shall be subject to any written law relating to
environment, health and safety

4.2.16 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

4.2.17 The Penal Code (Cap.63)


Section 191 of the Penal Code makes it an offence for any person or institution that voluntarily
corrupts, or foils water for public springs or reservoirs rendering it less fit for its ordinary use.
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Similarly, section 192 of the same act prohibits making or vitiating the atmosphere in any place to
make it noxious to health of persons/institution in dwellings or business premises in the neighbourhood
or those passing along a public way.
The proponent is advised to ensure strict adherence to the Environmental Management Plan
throughout the project cycle in order to mitigate against any possible negative impact and to maximize
on the positive impacts..

4.3 Institutional Framework.


At present there are over twenty (20) institutions and departments which deal with environmental
issues in Kenya. Some of the key institutions include the National Environmental Council
(NEC),National Environmental Management Authority (NEMA), the
Forestry Department, Kenya Wildlife Services (KWS) and others. There are also local and
international NGOs involved in environmental activities that impact on the environment in one way or
the other in the country.

4.3.1 National Environment Management Authority (NEMA)


The object and purpose for which NEMA is established is to exercise general supervision and co-
ordination over all matters relating to the environment and to be the principal instrument of the
government in the implementation of all policies relating to the environment. A Director
General appointed by the president heads NEMA. The Authority shall, among others:
Co-ordinate the various environmental management activities being undertaken by the lead
agencies and promote the integration of environmental considerations into development
policies, plans, programmes and projects with a view to ensuring the proper
management and rational utilization of the natural resources environment on a sustainable
yield basis for the improvement of the quality of human life in Kenya.
Take stock of the natural resources in Kenya and their utilization and
consultation, with the relevant lead agencies, and develop land use guidelines.
Examine land use patterns to determine their impact on the quality and quantity of the
natural resources among others. Moreover NEMA mandate is designated to the following
committees:

4.3.1.1 Regional and County Environment Committees.


According to EMCA, 1999, the Minister by notice in the gazette appoints Regional and County
Environment Committees of the Authority in respect of every province and district respectively.

4.3.1.1.1 Regional Environment Committee.


The Regional Environment Committee has an oversight and decision making role at the Regional
level. The Regional Environment Committees are responsible for the proper management of the
environment within the region, which they are appointed. They are also to perform such additional
functions as are prescribed by this Act or as may from time to time be assigned by the Minister by
notice in the gazette.

4.3.1.1.2 County Environment Committee.


County Environment Committees, under the chairmanship of the County Commissioner are
responsible for the proper management of the environment within the County in respect of which
they are appointed. They are also to perform such additional functions as are prescribed by the Act or
as may, from time to time be assigned by the Minister by notice in the gazette. The decisions
of these committees are legal and it is an offence not to implement them.

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4.3.1.2 Public Complaints Committee.
The Committee is charged with the following functions:
Investigating allegations/ complaints against any person or against the Authority (NEMA) in
relation to the condition of the environment and its management,Prepare and submit to the Council
periodic reports of its activities which shall form part of the annual report on the state of the
environment, and
To perform such other functions and excise such powers as may be assigned to it by the Council.

4.3.1.3 National Environment Action Plan Committee.


This Committee is responsible for the development of a 5-year Environment Action plan among other
things. The National Environment Action Plan shall contain:
Analysis of the Natural Resources of Kenya with an indication as to any pattern of change in their
distribution and quantity over time, and
Analytical profile of the various uses and value of the natural resources incorporating considerations
of inter-generational and intra-generational equity among other duties as the EMCA specifies.

4.3.1.4 Standards and Enforcement Review Committee.


This is a technical Committee responsible for environmental standards formulation methods of
analysis, inspection, monitoring and technical advice on necessary mitigation measures. Standards and
Enforcement Review Committee consists of the members set out in the third schedule to the
Environmental Management and Co-ordination Act

4.3.1.5 National Environmental Tribunal.


This tribunal guides the handling of cases related to environmental offences in the Republic of
Kenya. The Tribunal hears appeals against the decisions of the Authority. Any person who feels
aggrieved may challenge the tribunal in the High Court.

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5. PUBLIC PARTICIPATION AND CONSULTATION
The process of developing this EIA report extensively involved public participation through various
processes of focused group discussions, interviews with key informants in the neighbourhood,
administration of questionnaire surveys, clipboard questionnaires and semi structured interviews.
Sections of questionnaire surveys carried out on 7th and 8th January 2014 forms part of the appendix.
Many of the citizens interviewed raised issues in the following environmental and socio-economic
aspects and impacts;

5.1 Employment Opportunities.


The persons interviewed were positive that during its construction, the project will create numerous
employment opportunities for the local residents and in particular the jobless youth who live around.
The project will also provide the much needed petroleum products.

5.2 Improved Security and Trade.


According to most respondents completion of the project will boost trading activities and at the same
time improve security within this area. The proposed project will enhance security as a result of security
lights t o b e put in place by the proponent.

5.3 Water Pollution


Some respondents raised issue with contamination of ground water by the various activities carried out at
the station.

5.4 Increase in Traffic


Other respondents were concerned by the negative impacts on school going children due to increase of
traffic within project area during the operation phase.

5.5 Environmental Aesthetics.


It was noted that the aesthetics of the area would be affected negatively during construction
phase . The proponent should ensure high hygiene standards within the facility and surrounding areas
during construction and operation phases. More so via the prescribed EMP, the proponent shall put in
place several measures aimed at ensuring high standards of hygiene.
The proponent has already put up an iron sheets perimeter fence around the entire project site.

The proponent also proposes to put up public notices for the proposed development in a nation
wide circulating newspaper e.g. the People or the Star and also in the Kenya Gazette for a more
comprehensive public consultation.

Mitigation measures have been proposed and presented in the EMP in this report and the
proponent is advised to strictly adhere to the EMP to safeguard the members of public and
environment at large.

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6. ENVIRONMENTAL IMPACT ASSESSMENT

6.1 Environmental Impacts and Mitigation Measures


This chapter identifies and evaluates the probable positive and negative impacts of the proposed petrol
station. The potential environmental impacts predicted from the project are varied and are expected to be
both positive and negative. Some impacts will occur only during certain phases of the project life cycle
while some will persist all through. Impacts are also expected to be of different severity irrespective of
their longevity, and as such, though some may be long term, their severity might be low and vice versa.
Project impacts are determined by breaking down the project into its phases and examining the tasks in
each phase. The proposed project will have impacts not only on the natural environment but also on the
social -economic status of the society. The likely changes in different environmental parameters are
analyzed against the baseline information.
A checklist of potential impacts of the project is given below:

6.2 Impacts during construction


Construction related activities worldwide, generally cause alterations to the bio-physical and social
environment.
The proposed project is not an exception and these alterations could bring about positive or negative
impacts.
Positive impacts do enhance the environmental conditions but the negative impacts could be severe if they
are not identified during project planning stages and appropriate mitigation measures designed.

6.2.1 Positive impacts


There will be positive impacts during the construction phase that include:
(i) Creation of employment opportunities
The proposed project will create employment opportunities for many persons directly or indirectly. During
the construction phase, the following groups will be directly employed:
Contractors staff;
Supervising engineers;
Construction monitoring personnel from various governmental agencies.
(ii) Provision of market for supply of building materials
The premise will require supply of building materials, plant, machinery, and essential services most of
which will be sourced locally. This will provide ready market for material suppliers such as quarrying,
hardware shops and individuals.
(iii) Increased business opportunities
A large number of project staff required will provide ready market for various goods and services, leading
to several business opportunities for small-scale traders such as food vendors around the construction site.
(iv) Enhancing Security
The proposed project development will reduce on undeveloped land within the project area and also
provide adequate security lights and guards thus enhancing security of the area.
(v)Provision of Closer Services
The proposed station will bring petroleum products including petrol ,LPG and quality motor vehicle
minor service to the residents of the project area and also provide the much need petroleum products for
the many motorists using the adjacent Eldoret-Jua Kali road.

6.2.2 Negative impacts


(i) Extraction and use of building materials
Building materials such as hard core, ballast, cement, rough stone and sand required for construction of
the project will be obtained from quarries, hardware shops and sand harvesters who extract such materials
from natural resource banks such as rivers and land. Since substantial quantities of these materials will be
required for construction, the availability and sustainability of such resources at the extraction sites will be
negatively affected, as they are not renewable in the short term. In addition, the sites from which the
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materials will be extracted may be significantly affected in several ways including landscape changes,
displacement of animals and vegetation, poor visual quality and opening of depressions on the surface
leading to several human and animal health impacts.
(ii) Dust emissions
During construction, the project will generate substantial quantities of dust at the construction site and its
surrounding. The sources of dust emissions will include excavation and leveling works, and to a small
extent, transport vehicles delivering building materials. Emission of large quantities of dust may lead to
significant Impacts on construction workers and the local residents, which will be accentuated during dry
weather conditions.
(iii) Exhaust emissions
The trucks used to transport various building materials from their sources to the project site will contribute
to increases in emissions of CO2, NOx and fine particulate along the way as a result of diesel combustion.
Such emissions can lead to several environmental impacts including global warming and health impacts.
Because large quantities of building materials are required, some of which are sourced around Baharini,
such emissions can be enormous and may affect a wider geographical area. The impacts of such emissions
can be greater in areas where the materials are sourced and at the construction site as a result of frequent
gunning of vehicle engines, frequent vehicle turning and slow vehicle movement in the loading and
offloading areas.
(iv) Noise and vibration
The construction works, delivery of building materials by trucks and use of machinery/equipments
including bulldozers, generators, metal grinders and concrete mixers will contribute to high levels of noise
and vibration within the construction site and the surrounding area. Elevated noise levels within the site
can affect project workers and the passers-by and other persons in within the vicinity of the project site.
(v) Risks of accidents and injuries to workers
Because of the construction activities including erection and fastening of roofing materials, metal grinding
and cutting, concrete work, steel erection and welding among others, construction workers will be exposed
to risks of accidents and injuries. Such injuries can result from accidental falls from high elevations,
injuries from hand tools and construction equipments cuts from sharp edges of metal sheets and collapse
of building sections among others.
(vi) Clearance of vegetation
The proposed site currently contains minimal vegetation which will be cleared to pave way for the
construction.
(vii) Increased soil erosion
Clearance of land and excavation works will lead to increase soil erosion at the project site and release of
sediments into the drainage systems. Uncontrolled soil erosion can have adverse effects on the local water
bodies.
(viii) Solid waste generation
Large quantities of solid waste will be generated at the site during construction workers. Such waste will
consist of metal cuttings, rejected materials, surplus materials, surplus spoil, excavated materials, paper
bags, empty cartons, empty paint and solvent containers, broken glass among others. Such solid waste
materials can be injurious to the environment through blockage of drainage systems, choking of water
bodies and negative impacts on human and animal health. This may be accentuated by the fact that some
of the waste materials contain hazardous substances such as paints, cement, adhesives and cleaning
solvents, while some of the waste materials including metal cuttings and plastic containers are not
biodegradable and can have long-term and cumulative effects on the environment.
(ix) Energy consumption
The project will consume fossil fuels (mainly diesel) to run transport vehicles and construction machinery.
Fossil energy is non-renewable and its excessive use may have serious environmental implications on its
availability, price and sustainability.
The project will also use electricity supplied by KPLC. Electricity in Kenya is generated mainly through
natural resources, namely, water and geothermal resources. In this regard, there will be need to use
electricity sparingly since high consumption of electricity negatively impacts on these natural resources
and their sustainability.

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(x) Water Use
The construction activities will require large quantities of water which will be supplied by ELDOWAS.
Water will mainly be used for concrete mixing, curing sanitary and washing purposes. Excessive water
use may negatively impact on the water source and its sustainability.

6.1 Impacts during operation

6.1.1 Positive impacts


During the operational phase it is anticipated that there will be:
(i) Provision of petroleum products and services
The project will enable the motorist to access petroleum products at affordable cost. It will also bring
products like kerosene closer to the residents and travellers.
(ii) Provision of market for supply of building materials
During maintenance the station will require supply of building materials most of which will be sourced
locally. This will provide ready market for building material suppliers such as quarrying companies,
hardware shops and individuals with such materials.
(iii) Socio - economic welfare
During the operation there will be increased employment, as more people will be employed in the various
premise activities. This will result in an alternative source of income, thus reducing poverty.
(iv) Increased business opportunities
The employee at the premise will provide ready market for various goods and services, leading to several
business opportunities for small-scale traders such as fruit vendors around the station.
(v) Improved security
With operation of the premise the security of the wider area is expected to improve.
(vi) Revenue to national and local governments
Through payment of relevant taxes, rates and fees to the government and the local authority, the premise
will contribute towards the national and local revenue earnings.

6.2 Negative impacts


(i) Solid waste generation

The project is expected to generate solid waste during its operation phase. The bulk of the solid waste
generated will consist of paper, plastic, glass, metal, textile and organic wastes. Such wastes can be
injurious to the environment through blockage of drainage systems, choking of water bodies and negative
impacts on animal health. Some of these waste materials especially the plastic/polythene are not
biodegradable may cause long term injurious effects to the environment. Even the biodegradable ones
such as organic wastes may be injurious to the environment because as they decompose, they produce
methane gas, a powerful greenhouse gas known to contribute to global warming.
(ii) Increased storm water flow
The building roof impervious sections of the forecourt will lead to increased volume and velocity of storm
water or run-off flowing across the area covered by the premise. This will lead to increased amounts of
storm water entering the drainage systems, resulting in overflow and damage to such systems in addition
to increased erosion or water logging.
(iii) Increased demand for sanitation
The project involves construction of a filling station. This which will lead to increased demand for
sanitation and sewage disposal.
(iv) Energy consumption
During operation a lot of electrical energy will be used mainly for various purposes including lighting
and running the dispensing pumps Since electricity generation involves utilization of natural resources,
excessive electricity consumption will strain the resources and negatively impact on their sustainability.
(v) Water use
The activities during the operation phase will involve the use ofsubstantial quantities of water.
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(vi) Forecourt services
Oil and fuel spills may occur during fuel handling. This can lead to contamination of ground water and
soil. Fire could result from ignition sources like cigarettes or electrical equipments. These can lead to fire
leading to loss of life/property
(vii) Underground fuel tanks
Fuel spills during offloading from tankers or fuel leakage from tanks may lead to ground water and soil
contamination. Accumulation of flammable gases may also lead to fire.
(viii) Oil interceptor
Grease and oil spills can lead to contamination of underground/surface water sources and soil. The oil
interceptor should consist of at least 3 manholes all functioning properly. The first manhole should be
used as a sediment trap whereas the last one for sampling. A pipe should connect the last manhole to the
open public drain outside the site. The manholes in between should effect the removal of oil and grease.
(ix)Water and Soil Contamination
Fuel and oil spillages during station activities including oil change during minor service can cause
hazardous soil and water contaminations.

6.3 Impacts during decommissioning


On decommissioning the project the following negative impacts will be expected.

Loss of livelihood due to closure of project activities is considered a significant impact;


Visual impacts are anticipated as a result of demolition works.
Generation of waste material comprising concrete rubble and steel.
Risk of accidents
(i) Solid waste
Demolition of the buildings and related infrastructure will result in large quantities of solid waste. The
waste will contain materials used in construction i.e. concrete, metal, drywall, wood, glass, paints,
adhesives, sealants and fasteners. Although demolition waste is generally considered less harmful to the
environment since they are composed of inert materials, there is growing evidence that large quantities of
such waste may lead to release of certain hazardous chemicals into the environment. In addition, even the
generally non-toxic chemicals such as
chloride, sodium, sulphate and ammonia, which may be released as a result of leaching of demolition
waste, are known to lead to degradation of groundwater quality.
(ii) Dust
Large quantities of dust will be generated during demolition works. This will affect demolition staff as
well as the neighboring residents.
(iii) Noise and vibration
The demolition works will lead to significant deterioration of the acoustic environment within the project
site and the surrounding areas

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7. IMPACTS MITIGATION AND MONITORING

7.1 General
In this Chapter, recommendations are provided to avoid or mitigate the negative impacts. Enhancement
measures that are considered essential to the overall project are also discussed. Mitigation measures are
summarized in an Environmental Management Plan (EMP) which is, basically, a synthesis of potential
negative impacts and proposed mitigation measures, responsibility and costs.

7.2 Construction Phase

7.2.1 Minimization of construction waste


Management and minimization of construction waste should be addressed by implementation of the
following measures:
Segregate waste by separating hazardous waste from non-hazardous waste for appropriate
disposal
Providing adequate and suitable solid waste containers
Containers or package for storing hazardous waste including used oil to be securely bunded and
labelled as provided for by Regulation 18 under the Environmental Management and Coordination
(Waste Management) Regulations, 2006
Contract a NEMA licensed waste firm to collect solid waste from the site for dumping at an
approved site
Accumulate scrap metals in a scrapping yard and contract a scrap metal dealer with a valid license
for appropriate disposal/recycling
Minimizing waste generated by adopting cleaner production methods such as conserving raw
materials, enabling the recovery and re-use of the waste product where possible (e.g. reuse of
quarry chips as base material for driveways and car park construction).
Use durable, long- lasting materials that will not need to be replaced as often, thereby reducing the
amount of construction waste generated over time.
Provide facilities for proper handling and storage of construction materials to reduce the amount
of waste caused by damage or exposure to the elements of nature i.e. sunshine, rain etc
Use building materials that have minimal packaging to avoid the generation of excessive
packaging waste
Use construction materials containing recycled content where possible and in accordance with
accepted standards.

7.2.2 Efficient sourcing and use of raw materials


Source building materials such as sand, ballast and hard core from registered quarry and sand
mining firms, whose have undergone satisfactory environmental impact assessment/audit and
received NEMA approval. These firms are expected to apply acceptable environmental
performance standards so that the negative impacts of their activities at the extraction sites are
considerably well mitigated.
Have an accurate budget and estimation of actual construction requirements in order to ensure that
materials are not extracted or purchased in excessive quantities.

Ensure that wastage, damage or loss (through run-off, wind, etc) of materials at the construction
site is kept minimal.
Consider reusing building materials and use of recycled ones in order to reduce the amount of raw
materials extracted from natural resources as well as reducing impacts at the extraction sites

7.2.3 Minimization of vegetation disturbance


Ensure proper demarcation of the project area to be affected by the construction works in order to

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restrict any disturbance of flora and fauna only on the actual project area and to avoid spillover
effects on the neighboring areas.
Have strict control of construction vehicles to ensure that they operate only within the area to be
disturbed by access routes and other works.
Ensure preservation of individual trees within the site.
Re-vegetate some of the disturbed areas through implementation of a well-designed landscaping
programme.

7.2.4 Minimization of run-off and soil erosion


Minimize soil erosion and associated sediment release from the project site during construction
works, through terracing and leveling the project site to reduce run-off velocity and increase
infiltration of rainwater into the soil.
Restrict construction vehicles to designated areas to avoid soil compaction within the project site.

7.2.5 Reduction of dust generation


Minimize dust during construction through strict enforcement of onsite speed controls as well as
limiting unnecessary traffic within the project site.
Ensure that excavation works are carried out in wet weather.
Ensure that traffic routes on site are sprinkled with water regularly to reduce amount of dust
generated by the construction trucks.

7.2.6 Minimization of exhaust emissions


Have proper planning of transportation of materials to ensure that vehicle fills are increased in
order to reduce the number of trips done or the number of vehicles on the road.
Sensitize truck drivers to avoid unnecessary racing of vehicle engines at loading/offloading areas,
and to switch off or keep vehicle engines at these points

7.2.7 Minimization of noise and vibration


Minimize noise and vibration in the project site and surrounding areas through sensitization of
drivers to switch off vehicle engines while offloading materials.
Instruct the drivers to avoid gunning of vehicle engines or hooting especially when passing
through sensitive areas such as churches, residential areas and hospitals.
Ensure construction machineries are kept in good condition in order to reduce noise generation.

Insulate generators and heavy duty equipments or place them in enclosures to minimize high noise
levels.

7.2.8 Reduction of risks of accidents and injuries to workers


Ensure that the contractor adheres to the occupational health and safety rules and regulations
stipulated in the Occupational Safety and Health Act 2007 and the Factories (Building Operations
and Works of Engineering Construction) Rules of 1984.
Provide workers with insurance cover for example workmens compensation.
First aid facilities should be availed at the site office. These include properly stocked first aid
boxes and persons in charge of first aid box should be competent and licenced to handle first aid.
Providing scaffolds for construction at high level
Document and display on-site emergency procedures
Use appropriate signage to direct and control flow of traffic
The Directorate of Occupational Health and Safety should be notified of the construction works
before commencement.
A general accidents register should be kept on- site.

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Provide and enforce use of personal protective equipments - during construction all workers
should wear protective clothing including overalls, helmets, safety boots and gloves among others
where necessary.
Create EHS awareness among the personnel prior to commencing work.
Ensure proper storage of materials and equipments to avoid accidents occurring from falling
delivery and storage of material at appropriate locations.
Provide temporally sanitary facilities during construction.
Water surfaces before and during excavation and construction to reduce dust generation.
Restrict un-necessary movement of public to the site in order to avoid accidents. All access to the
hazardous areas should be secured with a fence and warning notices in English and Kiswahili and
Kikuyu.
Development a clear site organization and working schedule
Ensure portable fire extinguishers are provided and in working condition near probable ignition
sources
Adequate and clean water supply for drinking.
Employ skilled and trained workers, educated on machine operations, site safety procedures.
Maintain environmental management records on site during and after construction period.

7.2.9 Reduction of energy consumption


Staff should be sensitized to switch off equipments and lights when not being used
Consider the possibility of using alternative sources of energy especially renewable ones such as
solar
Monitor energy use during the operation of the premise and set targets for efficient energy use
Have proper planning of transportation of materials in order to save fossil fuels (diesel, petrol).

7.2.10 Minimization of water use


Any water leaks through damaged pipes should be fixed promptly.
Sensitize the staff to use water efficiently/sparingly.
Enhance rain water harvesting by use of tanks and other containers.
Ensuring taps are not running when not in use
install automatic taps

7.3 Operation Phase

7.3.1 Forecourt services


Contract a NEMA licensed waste transporter to collect solid waste from the site for dumping at an
approved site
Use a spill response kit (a container with rags and sausage brooms) to attend to oil and fuel spills at
the forecourt.
Minimize any fuel spillages or leaks.
Fix and enforce No smoking signs on the pillars near the canopy both in English and Kiswahili.

7.3.2 Underground fuel tanks


Pipes and fittings should be of sound installation with a protective encasement made of concrete
and heavy-duty material.
Make use of a spill response kit (a container with rags and sponge/sausage brooms) to attend to all
fuel spills.
The underground tanks should be equipped with means for monitoring leakage into the ground
such as a monitoring well installed adjacent to the tanks. This can be readily examined for the
presence of fuel or vapors using bailers or a potable gas analyzer.
Portable ABC/CO2 fire extinguishers should be provided in the forecourt.
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Vent pipes should be installed to ensure that fumes are not vented into windows or under eaves
(should be 1.0m above any eaves).

7.3.3 Oil interceptor


Provide an oil interceptor which should consist of at least 3 manholes all functioning properly.
The first manhole should be used as a sediment trap whereas the last one for sampling. A pipe
should connect the last manhole to the open public drain outside the site. The manholes in between
should effect the removal of oil and grease.
Oil skimming should be done frequently to prevent carryover of contaminants to the storm drain
outside the site.
Quality analysis of discharge from interceptor should be done at least once every six months from
NEMA accredited laboratories.
Heavy duty manhole covers should be provided and maintained in place all times unless skimming
is in progress to prevent fall of persons.

7.3.4 Fire safety


The proponent should aim at improving fire safety. This should be achieved through the following
strategies:-
Design and implement fire safety policy
Design and install fixed and portable fire equipments including fire extinguishers, sand buckets
Provision of proper signage
Appointing and training staff on basic fire fighting
Provide fire team assembly point.
Establishing communication with a fire brigade.

7.3.5 Ensuring efficient solid waste management


Proponent should provide waste handling facilities such as waste storage chamber/receptacles for
temporarily holding solid waste generated at the site.
Ensure segregation of waste by separating hazardous waste from non-hazardous waste for
appropriate disposal
Contract a NEMA licensed waste firm or for proper waste disposal.
Minimize waste generated by adopting cleaner production methods such as conserving raw
materials, enabling the recovery and re-use of the waste product where possible (e.g. Reuse of
quarry chips as base material for driveways and car park construction).

7.3.6 Minimization of sewage release


Connect the premise to septic tanks for discharge of sewerage.
Ensure that sewage pipes are not blocked or damaged since such vices can lead to release of the
effluent, resulting in land and water contamination.

7.3.7 Ensure efficient energy consumption


The power supply should be provided through a distribution board with clearly marked switches
to indicate the respective circuits and pumps.
The fittings and equipments should be regularly inspected and maintained.
An ABC fire extinguisher should be provided at the main switchboard.
Staff should be sensitized to switch off equipments and lights when not being used
Consider the possibility of using alternative sources of energy especially renewable ones such as
solar energy.
Monitor energy use during the operation of the premise and set targets for efficient energy use
Consider Installing an energy-efficient lighting system.

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7.3.8 Ensure efficient water use
Install water-conserving automatic taps.
Fix promptly any water leaks, damaged pipes and faulty.
Sensitize staff to use water efficiently.
Enhance rain water harvesting by use of tanks and other containers.
Ensuring taps are not running when not in use

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8. ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS

The Environmental Management Plan for the proposed petrol service station provides a logical framework
within which identified negative environmental impacts can be mitigated and monitored. The EMP is a
very important output of this EIA report since it provides the framework or checklist for project
monitoring and evaluation. The EMP has been carefully considered for the entire project, taking
cognisance of project planning and design, construction, operation and maintenance, and
decommissioning. The EMP outlined below has addressed identified potential negative impacts and
mitigating measures of the proposed petrol service station and if its adhered to, its considered sufficient
to take care of environmental concerns and it shall be modified at the first environmental audit to
accommodate unforeseen impacts. It is noted that the costing are not assigned monetary values as they
will be quantified by a quantity surveyor for accuracy.
The EMP has been developed to provide a basis for an Environmental Management System (EMS;
ISO 14001 principles) for the project. It is noteworthy that key factors and processes may change
through the life of the project and considerable provisions have been made such dynamics. As such,
the EMP will be subject to a regular regime of periodic review.
Table below illustrate how EMP shall operate during construction, operational and
decommissioning phases of the project. The tables contain environmental impacts, mitigation
measures, a n d r e s p o n s i b i l i t i e s . Information in this EMP will be used in future annual audits to
verify if projected impacts were realized and the manner in which they were managed.

8.1 Environmental Management Plan.


All the information pertaining to Environmental Management Plan is elaborated in table below. It
contains Impacts objectives, activities, mitigation measures and responsibilities during construction,
operation and decommissioning phases.N/B The word Ditto has been referred to severally in the table
below to mean Same as Above

8.1.1 Construction Phase Management Plan


Table 5: Construction Phase Management Plan
IMPACT MITIGATION MEASURES TIME RESPONSIB BUDGET(KS
FRAME LE PERSON H)
Structural stability -Ensure the building and During Proponent/eng As per Budget
of the structural plans are approved by construction ineer
building/Collapse or UGCG of
failure of the -Ensure the right construction the building
building structure and quantity of materials are
used
-Ensure the premise
construction is supervised by
qualified personnel
-Ensure the inspection and
structural design are done by a
registered engineer
Soil erosion and -Site excavation works to be Continuous Contractor As per Budget
siltation planned such that a section is
of water bodies completed and rehabilitated
while another section begins.
-Apply soil erosion control
measures such as leveling of the
project site to reduce run-off
velocity and increase infiltration
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IMPACT MITIGATION MEASURES TIME RESPONSIB BUDGET(KS


FRAME LE PERSON H)
of storm water into the soil.
Disturbance of soil -Excavation material will be Constructio Contractor/Pro As per Budget
and destruction of loaded into trucks and be n ponent
soil structure by transported to designated and 0n
excavation disposal sites. decommissi
-Reuse of the topsoil in oning
landscaping other places.
Oil spills -Ensure that all transport and Continuous Contractor As per Budget
construction equipments are in
good serviceable condition
and no service is carried out on
site.
-Ensure that no fuels or oils are
stored on site but procure them
when needed
Storm-water -Construct storm water drains Once Contractor As per Budget
drainage -Construct water storage tanks
to collect storm water
Security -Ensure the general safety and Continuous proponent As per Budget
security at all times by Proponent
providing day and night security
guards and adequate lighting
within and around the premises.
Collapse of loose -All excavations, shafts, pits or During Contractor As per Budget
soil and other openings more than two metres Excavations
materials on deep should be covered or
workers; Fall of barred by suitable means when
persons access is not needed.
-No materials should be stored
near such excavations.
-All excavation wall over 1.2
metres deep should be
reinforced with timber to
prevent collapse to persons
working inside.
-Supervision of such works
should include collaboration
with safety supervisors
Noise Pollution -The noisy construction works Continuous Contractor/Pro As per Budget
will entirely be planned to be ponent
during day time.
-Ensure that all generators and
heavy-duty equipments are
insulated or placed in
enclosures to minimize ambient
noise levels.
-Workers operating noisy
machinery should be provided
with ear muffs or plugs.
-Noise hazard signs should be
put displayed where necessary.
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IMPACT MITIGATION MEASURES TIME RESPONSIB BUDGET(KS


FRAME LE PERSON H)
-Noisy machinery should be
modified or replaced with better
machinery, well lubricated and
serviced.
-Construction should take
shortest time possible
Occupational -Provide suitable PPEs to all Continous Contractor As per Budget
diseases due to exposed workers.
excessive dust, -Reserve each PPEs for one
noise, contact and worker to avoid sharing.
poor sanitation -Provide adequate sanitary
conveniences and in a clean
state.
-Provide wholesome drinking
and bathing water and facilities
for workers.
-Minimize soil disturbance and
sprinkle water regularly to
reduce dust generation
Scattering of wastes, -All wastes should be collected Continuous Contractor As per Budget
clogging of storm for safe disposal or reuse
drains elsewhere
and accidents during -Provide dust masks to workers.
site clearance. -Clear all storm drainages
Waste generation -Provide waste collections bins Continuous Contractor As per Budget
and scattering by and empty them frequently.
workers -Make provisions for sanitary
facilities for workers during
construction
Damage to utility Contractor should consult , Once Proponent As per Budget
cables KPLC and Telkom Kenya
Limited on the presence of
utility line and cables
Occupational -Ensure that all workers obtain Immediate- Contractor As per Budget
accidents an insurance cover. 6
from fall from -Appoint a qualified safety months after
heights, falling supervisor. commence
objects failure of -Ensure that all lifting ment
lifting equipment equipments have undergone
and tools. statutory inspections and are
well maintained.
-Provide and enforce the
wearing of personal protective
equipments such as helmets,
-Accidents from hand gloves and overalls where
moving parts of needed.
machines or
inexperienced -Provide first aid facilities under
workers. trained first aid attendants and
contract ambulance and hospital
services.
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IMPACT MITIGATION MEASURES TIME RESPONSIB BUDGET(KS


FRAME LE PERSON H)
-Motor Vehicle -Employ only experienced
accidents due to workers and only in critical
proximity to the numbers to avoid unnecessary
Road overcrowding.
- Accidents due to
use of -Road signs should be displayed
electrical energy to warn motorists of heavy
vehicles and equipments
turning.

-All moving parts of equipment


should be guarded.
-All electrical equipments
should be handled and fitted by
qualified persons and serviced
regularly.
-Use of live electrical
equipment should be closely
supervised.
Air /Dust pollution -Avoid excavation works in Continous Contractor As per Budget
extremely dry weather.
-Sprinkle water on graded
access routes each day to reduce
dust generation by construction
vehicles.
-Provide screens made of iron
sheets to reduce dust exposure.
-Provide dust masks to workers
in extreme dust producing
operations.
-Use only critical number of
workers to reduce exposure.
-Maximize the use of manual
labor and hand tools.
-Avoid spillage of loose soil to
the road where it will be
disturbed and blown by traffic

8.1.2 Operation Phase Management Plan

Table 6: Operation Phase Management Plan


ACTIVITY POTENTIAL MITIGATION MONITORABLE TIME COST
ENVIRONMEN MEASURES INDICATOR FRAME
TAL IMPACT FOR
MITIGATION

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ACTIVITY POTENTIAL MITIGATION MONITORABLE TIME COST


ENVIRONMEN MEASURES INDICATOR FRAME
TAL IMPACT FOR
MITIGATION
Underground - Spillage -Use properly maintained - Leaks into Immediate Project
fuel - Leakage from hoses and fittings. monitoring well on storage budget
storage and tanks -Maintain the cement next to the tank. of fuel into
handling - Fuel screeds in all the - A record of the tanks/
adulteration chambers using water public Proponent
- Ground/surface proof material complaints on
water -Construct a monitoring adulteration
and oil well next to the tanks to
contamination monitor leaks
- Poor public -Inspect products before
image of off-loading
premise -Use water finding paste
- Vehicle on dipstick and or a
malfunction hydrometer to
confirm density/specific
gravity
Cleaning of - Grease and oil -Use special equipments Inspection of - daily after Project
the oil spills to do skimming skimming operations budget
interceptor - Ground/surface -Ensure availability of procedure start/
water and oil spill control kit at the Evidence of Proponent
contamination vicinity of interceptor contamination
during skimming
Sewerage -Overflows of -Connect to a proper -Community During Project
disposal sewage septic system and complaints, operation budget
to the surface due exhaust regularly through occupational phase
to blockage. -NEMA Licence diseases
- Disease exhauster.
- Objectionable Use disinfectant to clean
smell toilets and prevent foul
smell.
-Put in place measures
for quick detection and
repair for internal sewer
pipes
Forecourt - Oil spills, toxic -Install an integrated and Forecourt During Project
operations emissions standardized drain and operations Operation budget
- Ground/surface oil interceptor to cater for Phase
water any potential oil and fuel
and oil spills from the forecourt.
contamination -Overalls to be given to
- Loss of life and employees
property due to -Dry powder fire
fire accidents extinguisher to be
provided at the forecourt
for every pump.
-Provide sand buckets at
the pump islands for fire
prevention
- Provide a first aid box

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ACTIVITY POTENTIAL MITIGATION MONITORABLE TIME COST


ENVIRONMEN MEASURES INDICATOR FRAME
TAL IMPACT FOR
MITIGATION
and train the first aid
attendants.
-Mount NO
SMOKING signs
-Design and display an
emergency response plan
on a frame that is
accessible to staff at all
times
-Train staff on fire
fighting
Inspect fire extinguishers
once every 6 months.
-Fix signs to guide traffic
into and out of the
forecourt.
-Provide an oil spill kit
Compliance - Fire -Ensure compliance with Acquiring of Continuous/ Project
with - Accidents the Ministry of Energy, permits and Proponent budget
relevant health - emissions Physical planning licenses
and safety department, Local
requirements Authority, Public Health,
Department of
Occupational Health and
Safety among other
authorities on operation
of the premise
Emergency/ - Fire -There must be a well Certificates and Continuous/ Project
hazard - Accidents designed and displayed Proponent budget
response/ - emissions documented emergency telephone
preparedness preparedness plans numbers
plan including fire emergency
procedures
-A well stocked first aid
box which is easily
available and
accessible should be
provided within the
premises
-Provision should be
made for persons to be
trained in first aid, with a
certificate issued by a
recognized body
-There should be the
most current emergency
telephone numbers
Incidents, - Fire Provisions for reporting Records Continuous/ Project
accidents and - Accidents incidents, accidents and availability Proponent budget

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ACTIVITY POTENTIAL MITIGATION MONITORABLE TIME COST


ENVIRONMEN MEASURES INDICATOR FRAME
TAL IMPACT FOR
MITIGATION
dangerous - emissions dangerous occurrences
occurrences should be in place. This
should be done in
prescribed forms
obtainable from the
Department of
Occupational Health and
Safety
Ventilation -Enough space should be Visual inspection Continuous/ Project
provided within the Proponent budget
premises to allow for
adequate natural
ventilation
-There must be adequate
provision for both
artificial and natural
lighting in office,
generator room and store.
Electrical - Fire -Circuits must not be Clearance Proponent Project
Safety - Accidents overloaded certificate from budget
-Distribution board Kenya Power
switches must be clearly
marked to indicate
respective circuits
-There should be no live
exposed connections
-Electrical fittings near
all potential sources of
ignition should be flame
proof
-All electrical equipment
must be earthed
PPEs - Accidents -Provisions for suitable PPE record Continuous/ Project
overalls, safety footwear, dispatch records Proponent budget
dust masks, and visual
gas masks, gloves, ear observation
protection equipment etc
should be made available
where necessary and the
personnel must be trained
on how to use the
equipments
Housekeeping Accidents Floor areas should be Visual Continuous/ Project
free of debris, spillage observation Proponent budget
and tripping
hazards
General safety Accidents Provide day-night Security firm Continuous/ Project
and security security guards and contract Proponent budget
adequate lighting within
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ACTIVITY POTENTIAL MITIGATION MONITORABLE TIME COST


ENVIRONMEN MEASURES INDICATOR FRAME
TAL IMPACT FOR
MITIGATION
and around the premises

8.1.3 Decommissioning Phase Management Plan


In addition to the mitigation measures provided in tables above, it is necessary to outline some basic
mitigation measures that will be required to be undertaken once all operational activities of the premise
have ceased. The necessary objectives, mitigation measures, allocation of responsibilities, time frames and
costs pertaining to prevention, minimization and monitoring of all potential impacts associated with the
decommissioning and closure phase of the station are outlined in the table below.

Table 7: Decommissioning Phase Management Plan

Recommended Mitigation Measures Responsible Time Cost


Party Frame (Ksh)
1. Demolition waste management
-All building, equipments, structures and partitions that will Contractor, One-off As per
not be used for other purposes must be removed and Proponent budget
recycled/reused as far as possible
-All foundations must be removed and recycled, reused or Ditto One-off As per
disposed of at a licensed disposal site budget
Where recycling/reuse of the equipments, implements, Ditto One-off As per
structures, partitions and other demolition waste is not budget
possible, the materials should taken to a licensed waste
disposal site
-Donate reusable demolition waste to charitable organizations, Ditto One-off As per
individuals and institutions budget

Recommended Mitigation Measures Responsible Time Cost


Party Frame (Ksh)
2.Rehabilitation of the project site
-Implement an appropriate re-vegetation programme to restore Contractor, One-off As per
the site to its original status Proponent budget
- Incase of leakages the site restoration should aim at Ditto One-off As per
minimizing ground water contamination. The soil should be budget
analyzed to establish the level of pollution before rehabilitation
-Consider use of indigenous plant species in re-vegetation Ditto One-off As per
budget
-Trees should be planted at suitable locations so as to interrupt Ditto As per
slight lines (screen planting), between the adjacent commercial budget
premises and the development

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9. RECOMMENDATION AND CONCLUSIONS

9.1 Recommendations
In previous section mitigation measures for the identified issues mentioned above has been detailed.
Ensuring proper mitigation measures are instituted will be the responsibility of the proponent.
The proponent will need to ensure the following:
Appropriate corporate policies and guidelines on environment necessary for smooth running of the
service station are in place.
To acquire all necessary approvals from relevant authorities including change of user, development
design approvals, etc.
To undertake Soil and water hydrocarbon baseline test analysis for samples collected from the site
at a NEMA approved laboratory before commencement of construction.
The staff are equipped with the necessary facilities and skills for effective management of their
safety, health and protection of the environment.
That the entire project implementation will not cause any unnecessary disruption to public utilities,
storm water/surface runoff drainage systems, ecological systems and human settlement. Whenever
any of these problems or any other impact highlighted in this report are anticipated, then the
management will take appropriate mitigation actions.

Monitoring should include the following aspects


Maintain appropriate monitoring points in the premises
Identify the most critical parameters to monitor including among others the waste generation
trends, equipments performance, energy consumption trend, water consumption, wastewater reuse
patterns changes in social perception.
To undertake Soil and water hydrocarbon test analysis periodically
In the event that there are signs of oil and fuel leakages to the ground the following parameters
should be analyzed

PARAMETER MONITORING SHEDULE DURATION

Air quality One sample over 24 hours, test As necessary to obtain conclusive
for VOCs results or annually
Water quality Ground water testing on PH, As necessary to obtain
TSS, TDS, BOD, oil and conclusive results or annually
grease As necessary to obtain
Effluent testing on PH,TSS, conclusive results or annually
TDS, BOD, lead, oil and
grease
Soil quality Pit excavation and analysis of As necessary to obtain conclusive
TPH lead. results or annually

Carry out annual environmental audit to ensure continued compliance with environmental
regulations under the national laws.

(i) Wastewater Collection


The following actions are recommended mainly with regard to health and safety of the workers and
public;
Ensure there is minimal obstruction to storm water flow and prevent surface run off from entering
the sewers,

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Ensure no contamination of water courses/bodies.
Location of inspection chambers/manholes to take into consideration the workers and members of
public movements, access by children with respect to the level of safety risks,
(ii) Solid Waste Management
For effective management of the solid wastes, it is recommended that the proponent considers the
following;
Provide solid waste collection facilities at strategic locations in the premises.
Allocate a suitable yard on an accessible corner of the premises for collection, segregation and
storage of all solid wastes that will be generated from the site
The selected yard should be paved and made up of compartments to provide space for every
category of solid waste

9.2 Conclusion
During the preparation of this report, it is observed and established that most of the negative impacts on
the environment are rated low and short term with no significant effect. The positive impacts are highly
rated and will benefit all stakeholders at large. The project proponent has proposed to adhere to prudent
implementation of the Environmental Management Plan. They have proposed adequate safety and health
mitigation measures as part of the relevant statutory requirements
It is therefore concluded that the proposed project will not compromise the well being of the neighbours,
area ecological and environmental conditions and will improve economic well being of proponent and the
country.
It is therefore recommended that the proposed project be approved subject the following
recommendations:-
(i) The proponent should make all the necessary efforts to comply with conditions set in the various
approvals and licenses issued by various authorities including Ministry of Lands, Physical Planning,
Health Department, Uasin Gishu County Government and Energy Regulatory Commission
(ii) Ensure implementation of the proposed mitigation measures and compliance with EMP during the
entire project cycle.

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REFERENCES

1. Kenya gazette supplement Acts Building Code 2000. Government Printer, Nairobi
2. Kenya gazette supplement Acts Land Planning Act (Cap. 303). Government Printer, Nairobi

3. Kenya gazette supplement Acts Local Authority Act (Cap. 265). Government, Printer, Nairobi

4. Kenya gazette supplement Acts Public Health Act (CAP. 242). Government, Printer,
Nairobi

5. The constitution of Kenya,2010, The government printer Nairobi

6. Ministry of Planning and National Development, Nairobi District Development Plan (2004-
2008). Government Printer, Nairobi

7. Kenya gazette supplement number 69. Environmental Management and Co-ordination


(Waste Management) Regulations 2006. Government Printer, Nairobi

8. Kenya gazette supplement number 68. Environmental Management and Coordination (Water
Quality) Regulations 2006. Government Printer, Nairobi

9. Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act
Number 8 of 1999. Government Printer, Nairobi

10. Kenya gazette supplement number 56. Environmental Impact Assessment and Audit
Regulations 2003. Government Printer, Nairobi

11. Government of Kenya.1994. National Environmental Action Plan, Government Printer, Nairobi,
Kenya

12. Governments of Kenya. 1999. Environmental Management and Co-ordination Act Government
Printer, Nairobi, Kenya
13. Governments of Kenya.2002. Policy Paper on Environment and Development.

14. Governments of Kenya. 2003. The Environmental (Impact Assessment and Audits) Regulations -
Legislative. Supplements No. 31 of 13th June 2003. Government Printer, Nairobi, Kenya

15. Government of Kenya, 1999. National Policy on Water Resources Management and Development,
Sessional Paper No 1 of 1999, Government Printer, Nairobi.

16. Wareng County Council By-laws

17. The Energy Act, 2006; http://www.erc.go.ke

18. The Energy (Licensing of Petroleum Retail Businesses) Regulations, 2011; http://www.erc.go.ke

19. Environmental Impact Assessment Project Report, NEMA/PR/5/2/118863, January 31st, 2014
,Tehilla Company Limited

20. Term of Reference Report of 12th February 2014

21. Addendum to Term of Reference , 28th February 2014

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APPENDICES

1. Development Plans
2. Lead Expert Practising Licence 2014

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