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GAZETTE NOTICE NO. 2110

GAZETTE NOTICE NO. 2110

THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT

(No. 8 of 1999)

SETTLEMENT


PURSUANT to section 59 of the Environmental Management and Co-ordination Act, 1999, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, County Government of Mombasa, proposes to develop an Industrial Park whose objective is to provide suitable investment in productive capacity in automotive(Develop new and used vehicle assembly plant at the site, establish a vehicle and motorcycle refurbishment facility and set up an automotive part manufacturing plant),Pharmaceuticals(Provide a central storage and distribution centre for imported pharmaceutical products, Establish a packaging facility and develop a pharmaceutical manufacturing plant) and Textiles(Provide storage and distribution facilities for both imports and export products) and establish high-cost production facilities for imports and exports in Jomvu Kuu Ward, Jomvu Sub-county, Mombasa County. The following are the anticipated impacts and proposed mitigation measures: Impact Mitigation Measures Air pollution • Develop a dust management plan. • Record all dust and air quality complaints, identify cause(s), take appropriate measures. • Undertake monitoring close to dusty activities, noting that this may be daily visual inspections, or passive/active monitoring as parameter. • Undertake inspections to ensure compliance with the dust management plan. • Plan potentially dusty activities so that these are located as far from receptors as feasible. • Avoid run off of mud and water and maintain drains in a clean state. • Remove dusty materials form site as soon as possible if not being re-used. If being re-used, cover or vegetate if possible. • Impose speed limits on haul routes and in construction compounds to reduce dust generation. • Minimize drop heights when loading stockpiles or transferring materials. • Avoid waste or vegetation burning. • Undertake watering to attenuate dust near sensitive receptors. Noise pollution • Minimize noise according to Kenyan standards and World Bank guidelines. • Control noise and vibration on site. • Work programmes should be provided to local communities (e.g., through the local radio (FM) stations) and strictly followed. • Siting noisy plant and equipment as far away as possible from human settlement, and use of barriers (e.g., site huts, acoustic sheds or 21st February, 2025 THE KENYA GAZETTE Impact Mitigation Measures partitions) to reduce the level of construction noise at receptors wherever practicable. • Working hours for significant noise generating construction work (including works required to upgrade existing access roads or create new ones), will be daytime only. • For machines with fitted enclosures, doors and door seals will be checked to ensure they are in good working order; also, that the doors close properly against the seals. • Throttle settings will be reduced and equipment and plant turned off, when not being used. Water and soil pollution • No solid waste, fuels or oils should be discharged into surface water bodies • Vehicles should preferably be parked on paved platforms. • Fuel storages should not leak, and should be periodically monitored, and repaired or replaced when necessary. • Maintain fuel and clean vehicles and equipment at workshops/sites with adequate leakage prevention (e.g., impermeable surface, settlers, and oil separator). Soil erosion/ contamination • Remove and store topsoil in separate piles and reinstate after refilling of dug up areas to enable natural re-vegetation. • The Contractor(s) should present procedures for and ensure implementation of measures to protect soils from any accidental or structural contamination. Solid waste generation • The Contractor to maintain records of types, quantities, origin, (temporary) storage, transport and elimination/reuse of solid waste, and make these available to the works supervisor upon his request, as proof of proper waste management practices. • Any waste including excess soil should be disposed of at NEMA gazetted sites. • Excavated soils should be reused as much as possible as filling material and should be contained after excavation. • Use licensed recycling companies to externally recycle, recover or dispose of waste. Impacts on flora and fauna • Zone out working areas to reduce ecological destruction, • Restore disturbed natural sites through environmental rehabilitation; restoring top soils and (re-)introduce genetic species similar to those destroyed in order to re-establish the natural local ecology. Raw material use • Consider environmental performance of suppliers of raw material in the selection process. • Explore ways of reducing raw material use. • Special emphasis should be made on raw materials that may be reused and/or recycled/recovered. Occupational health and safety • Contractor will develop a Human Resources Policy, which will outline worker rights to be included in all contracts including restrictions on working hours in line with applicable ILO standards, compensation including consideration of overtime, holidays etc. contractor will require its subcontractors to put Impact Mitigation Measures in place policies in line with national legislation and applicable international legislation and contractor Code of Conduct and Policies. • Contractor will establish contractual clauses (signed code of conduct) to be embedded in the contracts of the workers and sub- contractors that require adherence to Kenyan law and international standards to be upheld related to worker rights. • Contractor and self-employed contractors will assess the H&S risks related with the tasks to be performed during the construction phase. • Contractor will ensure that training on health and safety measures is provided to all construction workers prior to starting to work on the Project and that supervisors have adequate experience to deliver on their responsibilities. • Contractor will develop and implement a Workers Grievance Mechanism for the Project workforce including workers and subcontractors. • Contractor will establish a procedure for the recording and analysis of incidents and lessons learned such that additional actions can be implemented to avoid or minimize occupational health and safety risks. • Contractor will ensure that facilities and work sites are designed and maintained such that robust barriers are in place to prevent accidents. • Contractor will ensure that its Code of Conduct is followed to regulate the performance and behavior of all workers, including provision for disciplinary action for anti-social behavior and non-compliance with health and safety regulations such as lack of use of PPE. • Contractor will develop a Waste Management Plan for the construction phase with clear guidelines for the safe storage and disposal of hazardous waste and handling of hazardous materials. The full report of the proposed project is available for inspection during working hours at: (a) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126–00100, Nairobi. (b) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839–00200, Nairobi. (c) County Director of Environment, Mombasa County. The National Environment Management Authority invites members of the public to submit oral or written comments within thirty (30) days from the date of publication of this notice to the Director-General, NEMA, to assist the Authority in the decision making process regarding this plan. MAMO B. MAMO, Director-General, MR/6508844 National Environment Management Authority.

Dated the 21st February, 2025.

MAMO B. MAMO,

Director-General, National Environment Management Authority.

Extracted Entities (1)

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2110

Details

Act / Legislation
THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
Reference
No. 8 of 1999
Section
section 59
Signed By
MAMO B. MAMO
Title
Director-General, National Environment Management Authority
Date Signed
21st February 2025
Page
72
Extraction Method
regex