GAZETTE NOTICE NO. 7019

Pursuant to Regulation 21 of the Environmental Management and Co-ordination (Impact Assessment and Audit) Regulations, 2003, the National Environment Management Authority (NEMA) has received an Environmental Impact Assessment Study Report for the above proposed project. The proponent, Kenya Ports Authority, is proposing to develop new infrastructures such as port and access road to serve the Mombasa Special Economic Zone in Mombasa County. The project will involve development of a 300M berth, cargo yard, navigation channel, turning basin, SEZ main road from the port to the Southern Bypass Road. The following are the anticipated impacts and proposed mitigation measures: • The construction should have sanitation facilities that will not pollute water. Occupational health • Ensure safety of the construction workers by and safety putting first aid area and injury reporting mechanism The contractor to have his workable health and safety rules to apply always at work places Securing of sites to prevent any accident at sites. Ensure safety of residents by providing safety signs at strategic places around the access roads. • Ensure compliance to Occupational Safety and Health Act Cap. 514 and its Subsidiary Legislations. • Provide personal protective equipment to workers. • There should be adequate provision of the requisite sanitation facilities for human waste disposal. • The workers should receive the requisite training especially on the operation of the machinery and equipment. • Preparation of a working site safety plan. The full report of the proposed project is available for inspection during working hours at: (a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (b) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, Nairobi. (c) County Director of Environment, Tana River 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 of the plan. GEOFFREY WAHUNGU, Director-General, MR/6017484 National Environment Management Authority. Impacts Proposed Mitigation Measures Loss of biodiversity • Implement water quality and coral monitoring and reconsider dredging and dumping methods in case turbidity levels exceeds set threshold level or coral health degradation is observed. • In case dredging works overlap with other Mombasa port dredging projects, coordinate with those projects and revise and strengthen the ESMP and ESMoP as necessary. • Prohibition of overflow during transportation of dredged material from the dredging site and dumping site. • Tracking of dredger/barge movement during offshore dumping to ensure dumping is conducted at the designated site. Accidents • Inform in advance marine users the construction plan. • Installation of buoys along construction boundary. Hazardous waste • Hazardous wastes to be stored in designated management areas and with containers specialized for each waste type. • Storage area to be have an impermeable base with bunds. • Hazardous wastes to be collected and disposed only by NEMA authorized firms. Increased solid • Recycle and reuse waste including water. waste • Wastes to be stored in designated areas and generation with containers specialized for each waste type. • Wastes to be collected and disposed only by NEMA-authorized firms. • Construction contractor to prepare a Construction Waste Management Plan (CWMP) through consultation with the county government. • Tracking and keeping records of waste movement and disposal. Impacts Children's rights Proposed Mitigation Measures • Children under 13 years of age will not be employed. • Children between 13 and 16 years of age will not be employed for works that are potentially harmful and prejudice the child's attendance at school. • Prohibit employment of children under 18 years of age for potentially harmful works. • Contractor to prepare Code of Conduct for construction workers. Loss of culture • Prohibit entrance of construction workers inside kaya. • Demarcation of kaya boundary. • Erect n of sign post to ensure that workers do no: Alter the kaya. Excessive noise and • Equip vehicles and machines with exhaust vibrations mufflers. 26th July, 2019 THE KENYA GAZETTE 2739 Impacts Proposed Mitigation Measures • Tracking of barge movement during offshore dumping to ensure dumping is conducted at the designated site. • Prohibition of overflow from barge during transportatips of dredged material from the dredging site and dumping site. • Maximize under-keel clearance to minimize propeller wash effect on seabed. • Implement water quality and coral monitoring and reconsider dredging and dumping methods in case turbidity levels exceeds set threshold level or coral health degradation is observed. • In case dredging works overlap with other Mombasa port dredging projects, coordinate with those projects and revise and strengthen the ESMP and ESMoP as necessary. • Discharge of untreated concrete wash water to the environment to be strictly prohibited. Soil quality Air quality • Carry out regular vehicular maintenance/inspection. • Prohibit using vehicles that exceed 84 dBA when accelerating. • Install warning signs and use PPE. • Use to the extent possible low-noise pile driver. • Obtain permit from NEMA in case there are works involving excessive noise/vibration as per Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Regulations, 2009. • Implement regular maintenance and repair vehicles emitting visible pollutants. • Avoid to the extent possible passing through sensitive areas (e.g. residential area, schools). • Treated wash water to be reused as far as possible. • Acquire effluent discharge license from NEMA in case discharge to environment is planned. • Wastewater from temporary construction facilities to be treated with sewage treatment facility. • Regular inspection of vehicles and machines for oil and fuel leaks. • Maintenance/repair activities to be conducted only at designated workshop with appropriate pollution control facility. • Spill response kits to be readily available at the construction site. • Fuel tank to be installed on an impermeable base with bunds. Public health Water quality • Slow driving on dusty roads within the community area. • Cover truck loading bed when transporting loose materials. • Regular water spraying of exposed surfaces. • Covering of stockpiles. • Food waste from construction camp to be segregated from other wastes and stored in a manner to prevent odour. • Asphalt plant to acquire emission license from NEMA and comply with emission standard set under Environmental Management and Co-ordination (Air Quality) Regulations, 2014. • Concrete/asphalt plant to be located as far as possible from sensitive areas. • Prepare and implement HIV/AIDS Prevention/Awareness Plan. • Contractor to subcontract implementation of the HIV/AIDS Prevention/Awareness Plan to qualified organizations in this field. • Installation of silt curtain where dredging works are conducted. • Install oil/water separator at fueling area. Conflict • Provision of compensation and assistance to affected fishermen/traders. • If requested, preferentially employ affected fishermen for casual labour. Occupational health • Undertake frequent training on the same. and safety • Contractor to prepare Occupational Health and Safety Plan in accordance to Occupational Safety and Health Act, 2007. The full report of the proposed project is available for inspection during working hours at: (a) Director-General, NEMA, Popo Road, off Mombasa Road, P.O. Box 67839-00200, Nairobi. (b) Principal Secretary, Ministry of Environment and Forestry, NHIF Building, Community, P.O. Box 30126-00100, 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 of the plan. MR/6722133 • Ensure there are no leakages from equipments. GEOFFREY WAHUNGU, Director-General, National Environment Management Authority.