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 Latitude:

GPS COORDINATES 0°32'25.45"N, Longitude: 35°14'20.43"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. [email protected]

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 Jimmy Wakaimba

POSITION Lead Expert NEMA Reg. No. 2097

COMPANY/AFFILIATION Tehilla Company limited

Henry Kombo

Associate Expert NEMA Redg. No.6360

Tehilla Company limited

LIST OF OTHER PARTICIPATING STAFF

NAME

POSITION

COMPANY/AFFILIATION

Nancy Wambui

Research Assistant

Tehilla Company limited

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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 PERSON

: MR. OSCAR OGUNDE 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 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 [email protected]

Signed………………………..… Date........................

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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 Prepared by :Tehilla Company Limited 4

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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 Biodiversity and soil erosion Air and noise pollution

 

Minimize disturbance to flora and fauna in the neighboring areas Apply soil erosion control measures and carryout landscaping

  

Ensure that noisy machineries are insulated/temporary fenced. Avoid excavation works in dry weather and sprinkle water to reduce dust. Restrict construction activities to day time only.

Waste Management

Fire safety

       

Occupational health and safety, Security

     

Contract a NEMA licensed waste collection and disposal company 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 Provide a acceleration and deceleration lanes Provide proper warning signs 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 Provide and enforce use of PPEs. Shield construction activities to minimize accidents. Provide first aid facilities and training. Provide adequate security including security guards, perimeter fence, security lights Harvest rain water & reuse water where possible. Install water conserving taps and energy conserving lighting system. Raise awareness on water and energy conservations Obtain all necessary permits & licenses prior to operation including approval by Physical Planning Department, Ministry of Lands, Energy Regulatory Commission, Uasin Gishu County Government and NEMA.

Traffic

Water & energy use Regulatory compliance

   

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. Prepared by :Tehilla Company Limited

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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 1.2 1.3 1.4 1.5 1.6

2.

GENERAL INTRODUCTION ............................................................................................................................................. 11 PROJECT OBJECTIVES .................................................................................................................................................. 11 PROJECT JUSTIFICATION ............................................................................................................................................... 11 EIA OBJECTIVES........................................................................................................................................................... 11 TERMS OF REFERENCE FOR THE EIA REPORT ............................................................................................................... 12 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 INFRASTRUCTURAL AND ENVIRONMENTAL SETTINGS (BASELINE SURVEY) .............. 14 2.1

INFRASTRUCTURAL SERVICES ............................................................................................................................ 14

2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 2.1.8 2.1.9 2.2

3.

Electricity Supply................................................................................................................... 14 Storm water run-off................................................................................................................ 14 Pit latrines .............................................................................................................................. 14 Water Supply ......................................................................................................................... 14 Telephone and Internet Services ............................................................................................ 14 Road works and Accessibility................................................................................................ 14 Waste Management System ................................................................................................... 15 Security .................................................................................................................................. 15 Surface Drainage .................................................................................................................... 15

ENVIRONMENTAL SETTINGS ............................................................................................................................... 15

2.2.1 Physical Environment ............................................................................................................ 15 2.2.2 Biological Environment ......................................................................................................... 16 PROJECT DESCRIPTION ...................................................................Error! Bookmark not defined. 3.1 3.2 3.3 3.4 3.5

PROJECT LOCATION ...................................................................................................................................................... 17 SITE OWNERSHIP .......................................................................................................................................................... 17 PROJECT DESIGN ........................................................................................................................................................... 17 DESIGN CRITERIA ......................................................................................................................................................... 17 PROJECT DESCRIPTION .................................................................................................................................................. 17

3.5.1 3.5.2 3.6 3.7 3.8

DESIGN SPECIFICATIONS............................................................................................................................................... 19 PROJECT ACTIVITIES..................................................................................................................................................... 20 STAFF AMENITIES ......................................................................................................................................................... 20

3.8.1 3.9

Site Office ............................................................................................................................... 20

PROJECT CONSTRUCTION ............................................................................................................................................. 20

3.9.1 3.9.2 3.9.3 3.9.4 3.9.5 3.9.6 3.9.7 3.9.8 3.10

Project Activities During Construction ................................................................................. 17 Project Activities during operation ........................................................................................ 18

Sourcing and transportation of building materials ............................................................... 20 Storage of materials ............................................................................................................... 20 Excavation and foundation works .......................................................................................... 20 Masonry, concrete work and related activities ...................................................................... 20 Electrical work ....................................................................................................................... 21 Plumbing ................................................................................................................................ 21 Landscaping ........................................................................................................................... 21 Underground storage tanks installation and pipe works ....................................................... 21

PROJECT OPERATIONS .................................................................................................................................................. 21

3.10.1 Underground fuel storage and handling................................................................................ 21 3.10.2 Oil interceptor ........................................................................................................................ 21 Prepared by :Tehilla Company Limited

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3.10.3 3.10.4 3.10.5 3.10.6 3.10.7 3.11

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Forecourt operations ............................................................................................................. 21 Minor Motor Vehicle Service ................................................................................................. 21 Solid waste and waste water management............................................................................. 21 Housekeeping ......................................................................................................................... 22 General repairs and maintenance ......................................................................................... 22

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 3.12.2 3.12.3 3.12.4 3.13

4.

Proponents Responsibilities ................................................................................................... 22 Contractors Responsibilities .................................................................................................. 22 Drivers. .................................................................................................................................. 23 Welders. ................................................................................................................................. 24

PROJECT BUDGET ......................................................................................................................................................... 24

POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK ............................................................ 25 4.1

POLICY GUIDELINE ON ENVIRONMENT AND DEVELOPMENT ........................................................................................ 25

4.1.1 4.1.2 4.1.3 4.1.4 4.2

National Environment Action Plan(NEAP) ........................................................................... 25 The National Poverty Eradication Plan(NPEP) ...................................................................... 26 National Policy on Water Resources Management and Development .................................. 26 Policy Paper on Environment and Development (Sessional Paper No.6 of 1999) ................ 26

ENVIRONMENTAL LEGAL FRAMEWORK........................................................................................................................ 27

4.2.1 4.2.2 4.2.3 4.2.4

Environmental Management and Coordination Act (EMCA), 1999 ..................................... 27 The Environmental Management and Coordination (Water Quality) Regulations, 2006....... 27 Weights and Measures Act, Cap 513. .................................................................................... 28 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

5.

5.1 5.2 5.3 5.4 5.5

6.

INSTITUTIONAL FRAMEWORK. ...................................................................................................................................... 35

4.3.1 National Environment Management Authority (NEMA) ...................................................... 35 PUBLIC PARTICIPATION AND CONSULTATION ...................................................................... 37 EMPLOYMENT OPPORTUNITIES. .................................................................................................................................... 37 IMPROVED SECURITY AND TRADE. ............................................................................................................................... 37 WATER POLLUTION ...................................................................................................................................................... 37 INCREASE IN TRAFFIC ................................................................................................................................................... 37 ENVIRONMENTAL AESTHETICS. .................................................................................................................................... 37

ENVIRONMENTAL IMPACT ASSESSMENT ................................................................................ 38 6.1 6.2

ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ............................................................................................ 38 IMPACTS DURING CONSTRUCTION ................................................................................................................................. 38

6.2.1 6.2.2 6.1

IMPACTS DURING OPERATION ....................................................................................................................................... 40

6.1.1 6.2

Positive impacts ..................................................................................................................... 38 Negative impacts .................................................................................................................... 38 Positive impacts ..................................................................................................................... 40

NEGATIVE IMPACTS ...................................................................................................................................................... 40

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6.3

7.

IMPACTS DURING DECOMMISSIONING ........................................................................................................................... 41

IMPACTS MITIGATION AND MONITORING ............................................................................... 42 7.1 7.2

GENERAL ...................................................................................................................................................................... 42 CONSTRUCTION PHASE ................................................................................................................................................. 42

7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 7.3

8.

Minimization of construction waste ....................................................................................... 42 Efficient sourcing and use of raw materials .......................................................................... 42 Minimization of vegetation disturbance................................................................................. 42 Minimization of run-off and soil erosion ............................................................................... 43 Reduction of dust generation ................................................................................................. 43 Minimization of exhaust emissions ........................................................................................ 43 Minimization of noise and vibration ...................................................................................... 43 Reduction of risks of accidents and injuries to workers ........................................................ 43 Reduction of energy consumption ......................................................................................... 44 Minimization of water use ...................................................................................................... 44

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 ENVIRONMENTAL MANAGEMENT AND MONITORING PLANS ........................................... 47 8.1

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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 RECOMMENDATION AND CONCLUSIONS ............................................................................... 55 9.1 9.2

RECOMMENDATIONS .................................................................................................................................................... 55 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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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 proponent’s 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; Prepared by :Tehilla Company Limited 11

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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; Prepared by :Tehilla Company Limited

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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 proponent’s 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 2.2

Plate 4: Commercial building near site adjacent to the busy Eldoret-Jua Kali road

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 earth’s 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 Prepared by :Tehilla Company Limited

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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 it’s 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, manager’s 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. Prepared by :Tehilla Company Limited

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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 LPG’s  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 town’s 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

Sales block

1

Forecourt

1

Underground storage tanks (UST) Product lines Product pumps Vents pipes / ducts Dispenser: Low Sulphur Diesel Petrol Generator room Oil and water interceptor Office block Staff & gents customer ladies toilets

3

REMARKS

3 3 3 2

Made of Bricks and iron sheets and will house service bay, office, lubes shop, toilets Cabro paved with canopy over pump islands Pressure tested of 50M3, 70M3, 50M3 capacity Independent with valves Electronic Twin Pumps For storage tanks From Kenya Pipeline Eldoret depot

1 1 1 1 1 toilet and I urinal two toilets

From Kenya Pipeline Eldoret depot Ventilated Will have three chambers 356m2 Hand sink Hand sink

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FACILITY

QUANTITY

Packing area Landscape gardens Security alarm Sewer Connectivity

Product

10 vehicles Open areas 1 1

2014

REMARKS Ballast layered Flowers and grass To be installed As Per plan

Table 2: Underground Storage Tanks capacities Type of Tank wall Capacity tank material (M3)

No of tanks

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 engineer’s detail as provided for in the structural plan. Basically, the building structures will consist of concrete appropriately reinforced with metal (steel and iron). The roof will consist of pitched roof with 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. Prepared by :Tehilla Company Limited

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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 Prepared by :Tehilla Company Limited 21

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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: Prepared by :Tehilla Company Limited

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  

2014

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. Prepared by :Tehilla Company Limited

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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 nonwaste 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 country’s development initiatives/plans. This assumed a consultative and multiPrepared by :Tehilla Company Limited

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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 country’s 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 people’s 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 EIA’s that will provide suitable measures to be taken to ensure environmental resources and people’s 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 EIA’s 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 Prepared by :Tehilla Company Limited

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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 Prepared by :Tehilla Company Limited

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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.

4.2.4

The 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 Prepared by :Tehilla Company Limited

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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 nonhazardous 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. Prepared by :Tehilla Company Limited

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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) (Leq, 14h)

Noise Rating Level (NR)

Day

Night

Day

(Leq,14h) Night

A

Silent Zone

40

35

30

25

B.

Places of worship

40

35

30

25

C.

Residential: Indoor 45 50

35 35

35 40

25 25

55

35

50

25

60

35

55

25

Outdoor D. Mixed residential (with some commercial and places of entertainment)

E.

Commercial

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

i.

ii.

Maximum Noise Level Permitted (Leq) in dB(A)

Health facilities, educational institutions, homes for disabled etc.

Residential

iii. Areas other than those prescribed in (i) and (ii)

Day

Night

60

35

60

35

75

65

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; Prepared by :Tehilla Company Limited 31

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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 PPE’s 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. Prepared by :Tehilla Company Limited

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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 landowner’s 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-à-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. Prepared by :Tehilla Company Limited 34

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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 coordination 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:  Contractor’s 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 Prepared by :Tehilla Company Limited 38

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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. Prepared by :Tehilla Company Limited

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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. Prepared by :Tehilla Company Limited

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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. 

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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.

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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

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7.2.3 Minimization of vegetation disturbance Ensure proper demarcation of the project area to be affected by the construction works in order to Prepared by :Tehilla Company Limited

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PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED

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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 workmen’s 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. Prepared by :Tehilla Company Limited

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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.

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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).

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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

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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. Prepared by :Tehilla Company Limited

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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.    

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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. Prepared by :Tehilla Company Limited

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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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2014

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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 it’s adhered to, it’s 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 FRAME Structural stability -Ensure the building and During of the structural plans are approved by construction 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 siltation planned such that a section is completed and rehabilitated of water bodies while another section begins. -Apply soil erosion control measures such as leveling of the project site to reduce run-off velocity and increase infiltration Prepared by :Tehilla Company Limited

RESPONSIB LE PERSON Proponent/eng ineer

BUDGET(KS H) As per Budget

Contractor

As per Budget

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IMPACT

Disturbance of soil and destruction of soil structure by excavation

Oil spills

Storm-water drainage Security

Collapse of loose soil and other materials on workers; Fall of persons

Noise Pollution

MITIGATION MEASURES of storm water into the soil. -Excavation material will be loaded into trucks and be transported to designated disposal sites. -Reuse of the topsoil in landscaping other places. -Ensure that all transport and 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 -Construct storm water drains -Construct water storage tanks to collect storm water -Ensure the general safety and security at all times by providing day and night security guards and adequate lighting within and around the premises. -All excavations, shafts, pits or openings more than two metres deep should be covered or barred by suitable means when 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 -The noisy construction works will entirely be planned to be 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.

2014

TIME FRAME

RESPONSIB LE PERSON

Constructio n and 0n decommissi oning

Contractor/Pro As per Budget ponent

Continuous

Contractor

As per Budget

Once

Contractor

As per Budget

Continuous Proponent

proponent

As per Budget

During Excavations

Contractor

As per Budget

Continuous

Contractor/Pro As per Budget ponent

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BUDGET(KS H)

PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED

IMPACT

MITIGATION MEASURES

-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 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 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 and scattering by and empty them frequently. workers -Make provisions for sanitary facilities for workers during construction Damage to utility Contractor should consult , cables KPLC and Telkom Kenya Limited on the presence of utility line and cables Occupational -Ensure that all workers obtain accidents an insurance cover. from fall from -Appoint a qualified safety heights, falling supervisor. objects failure of -Ensure that all lifting 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.

2014

TIME FRAME

RESPONSIB LE PERSON

BUDGET(KS H)

Continous

Contractor

As per Budget

Continuous

Contractor

As per Budget

Continuous

Contractor

As per Budget

Once

Proponent

As per Budget

Immediate- Contractor 6 months after commence ment

As per Budget

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IMPACT

MITIGATION MEASURES

-Motor Vehicle accidents due to proximity to the Road - Accidents due to use of electrical energy

-Employ only experienced workers and only in critical numbers to avoid unnecessary overcrowding.

Air /Dust pollution

8.1.2

ACTIVITY

TIME FRAME

2014

RESPONSIB LE PERSON

BUDGET(KS H)

Contractor

As per Budget

-Road signs should be displayed 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. -Avoid excavation works in Continous 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

Operation Phase Management Plan

Table 6: Operation Phase Management Plan MONITORABLE POTENTIAL MITIGATION INDICATOR ENVIRONMEN MEASURES TAL IMPACT

TIME FRAME FOR MITIGATION

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ACTIVITY

POTENTIAL ENVIRONMEN TAL IMPACT

MITIGATION MEASURES

Underground fuel storage and handling

- Spillage - Leakage from tanks - Fuel adulteration - Ground/surface water and oil contamination - Poor public image of premise - Vehicle malfunction

Cleaning of the oil interceptor

- Grease and oil spills - Ground/surface water and oil contamination

Sewerage disposal

-Overflows of sewage to the surface due to blockage. - Disease - Objectionable smell

Forecourt operations

- Oil spills, toxic emissions - Ground/surface water and oil contamination - Loss of life and property due to fire accidents

-Use properly maintained hoses and fittings. -Maintain the cement screeds in all the chambers using water proof material -Construct a monitoring well next to the tanks to monitor leaks -Inspect products before off-loading -Use water finding paste on dipstick and or a hydrometer to confirm density/specific gravity -Use special equipments to do skimming -Ensure availability of spill control kit at the vicinity of interceptor during skimming -Connect to a proper septic system and exhaust regularly through -NEMA Licence exhauster. Use disinfectant to clean toilets and prevent foul smell. -Put in place measures for quick detection and repair for internal sewer pipes -Install an integrated and standardized drain and oil interceptor to cater for any potential oil and fuel spills from the forecourt. -Overalls to be given to employees -Dry powder fire 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

MONITORABLE INDICATOR

2014 TIME FRAME FOR

COST

MITIGATION

- Leaks into monitoring well next to the tank. - A record of public complaints on adulteration

Immediate on storage of fuel into the tanks/ Proponent

Project budget

Inspection of skimming procedure Evidence of contamination

- daily after operations start/ Proponent

Project budget

-Community complaints, occupational diseases

During operation phase

Project budget

Forecourt operations

During Operation Phase

Project budget

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ACTIVITY

POTENTIAL ENVIRONMEN TAL IMPACT

MITIGATION MEASURES

MONITORABLE INDICATOR

2014 TIME FRAME FOR

COST

MITIGATION

Compliance with relevant health and safety requirements

- Fire - Accidents - emissions

Emergency/ hazard response/ preparedness plan

- Fire - Accidents - emissions

Incidents, accidents and

- Fire - Accidents

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 -Ensure compliance with the Ministry of Energy, Physical planning department, Local Authority, Public Health, Department of Occupational Health and Safety among other authorities on operation of the premise -There must be a well designed and documented emergency preparedness plans 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 Provisions for reporting incidents, accidents and

Acquiring of permits and licenses

Continuous/ Proponent

Project budget

Certificates and displayed telephone numbers

Continuous/ Proponent

Project budget

Records availability

Continuous/ Proponent

Project budget

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ACTIVITY

POTENTIAL ENVIRONMEN TAL IMPACT

MITIGATION MEASURES

MONITORABLE INDICATOR

2014 TIME FRAME FOR

COST

MITIGATION

dangerous occurrences

- emissions

Ventilation

Electrical Safety

- Fire - Accidents

PPEs

- Accidents

Housekeeping

Accidents

General safety and security

Accidents

dangerous occurrences should be in place. This should be done in prescribed forms obtainable from the Department of Occupational Health and Safety -Enough space should be provided within the premises to allow for adequate natural ventilation -There must be adequate provision for both artificial and natural lighting in office, generator room and store. -Circuits must not be overloaded -Distribution board 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 -Provisions for suitable overalls, safety footwear, dust masks, gas masks, gloves, ear protection equipment etc should be made available where necessary and the personnel must be trained on how to use the equipments Floor areas should be free of debris, spillage and tripping hazards Provide day-night security guards and adequate lighting within

Visual inspection

Continuous/ Proponent

Project budget

Clearance certificate from Kenya Power

Proponent

Project budget

PPE record dispatch records and visual observation

Continuous/ Proponent

Project budget

Visual observation

Continuous/ Proponent

Project budget

Security firm contract

Continuous/ Proponent

Project budget

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ACTIVITY

POTENTIAL ENVIRONMEN TAL IMPACT

MITIGATION MEASURES

MONITORABLE INDICATOR

2014 TIME FRAME FOR

COST

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 1. Demolition waste management -All building, equipments, structures and partitions that will not be used for other purposes must be removed and recycled/reused as far as possible -All foundations must be removed and recycled, reused or disposed of at a licensed disposal site Where recycling/reuse of the equipments, implements, structures, partitions and other demolition waste is not possible, the materials should taken to a licensed waste disposal site -Donate reusable demolition waste to charitable organizations, individuals and institutions Recommended Mitigation Measures 2.Rehabilitation of the project site -Implement an appropriate re-vegetation programme to restore the site to its original status - Incase of leakages the site restoration should aim at minimizing ground water contamination. The soil should be analyzed to establish the level of pollution before rehabilitation -Consider use of indigenous plant species in re-vegetation -Trees should be planted at suitable locations so as to interrupt slight lines (screen planting), between the adjacent commercial premises and the development

Prepared by :Tehilla Company Limited

Responsible Party

Time Frame

Contractor, Proponent

One-off As per budget

Ditto

One-off As per budget One-off As per budget

Ditto

Cost (Ksh)

Ditto

One-off As per budget

Responsible Party

Time Frame

Cost (Ksh)

Contractor, Proponent Ditto

One-off

As per budget As per budget

Ditto

One-off

Ditto

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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

Air quality Water quality

Soil quality 

MONITORING SHEDULE One sample over 24 hours, test for VOC’s  Ground water testing on PH, TSS, TDS, BOD, oil and grease  Effluent testing on PH,TSS, TDS, BOD, lead, oil and grease Pit excavation and analysis of TPH lead.

DURATION As necessary to obtain conclusive results or annually  As necessary to obtain conclusive results or annually  As necessary to obtain conclusive results or annually

As necessary to obtain conclusive 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, Prepared by :Tehilla Company Limited

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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 (20042008). 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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PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED

APPENDICES 1. Development Plans 2. Lead Expert Practising Licence 2014

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2014