PROPOSED CONSTRUCTION OF A FILLING STATION ON PLOT …

Environmental Impact Assessment Study Report, 2013

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ENVIRONMENTAL IMPACT ASSESSMENT STUDY REPORT

(REVISED EDITION)

PROPOSED CONSTRUCTION OF A FILLING STATION ON PLOT No. MAKINDU/KIBOKO B/687 MAKINDU.

MAKUENI COUNTY

PROPONENT

MR. LAWRENCE MWAGANGI MWANIA

P.O.BOX 142 – 00241

KITENGELA, KENYA

UPGRADED EIA REPORT REF. No 11,233

SEPTEMBER, 2013


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This Study Report on the Environmental Impact Assessment (EIA) study report is submitted to

the National Environment Management Authority (NEMA) in conformity with the requirements

of the Environmental Management and Coordination Act, 1999 and the Environment Impact

Assessment and Audit Regulations, 2003.

SEPTEMBER 2013

DECLARATION

The Consultant submits this study report on the Environmental Impact Assessment (EIA) Study

report for Mr. Lawrence Mwangangi Mwania as the project proponent. I certify to the best of my

knowledge that the information contained in this report is accurate and truthful representation as

presented by the client.

Mr. Malachi O. Okello

NEMA REG. No. 5103

Signature: _____________________

Proponent:

I, Mr. Lawrence M. Mwania, do certify to the best of our knowledge that information contained

in this report is accurate and truthful representation.

P.O. Box 142 - 00241

Kitengela, Kenya

Signed: _____________________

Signed on: ____________ day of: _________ 2013


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LIST OF ACRONYMS

BOD Biological Oxygen Demand

COD Chemical Oxygen Demand

EHS Environmental Health and Safety

EIA Environmental Impact Assessment

EMCA Environmental Management Coordination Act

EMP Environmental Management Plan

ERPs Emergence Response plans

IEA Initial Environmental Audit

NEMA National Environmental management Authority

OHS Occupational Health and Safety

PH Power of Hydrogen

PMS Petroleum Motor Spirit (Premium Gasoline)

PPE Personal Protective Equipment

RMS Regular Motor Spirit ( Regular)

SEM Sustainable Environmental Management

SS Suspended Solids

ULG Unleaded Gasoline

UPSS Underground Petroleum Storage System

UST Underground Storage Tank

WCC Waste Collection Centre


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EXECUTIVE SUMMARY

This project is situated within makindu area, Makueni County. The project will involve the

preparation of the ground and installation of underground tanks, the project will essentially

enhance the provision of fuel for the motorists along the road in the area. This will optimize

land use; hence increasing its utility. The Government revenue will increase as well as

enhancement of economic investment; increasing national wealth. The proponent will enjoy

income generated through sale of petroleum products. The project will also provide employment

during both constructions and operation phases. It will create market for goods and services and

especially construction inputs, which include raw materials, construction machinery. This project

shall also create an outlet for various other goods and services such as petroleum products.

The proposed project shall entail the construction of other facilities such as the cover canopy,

sanitary conveniences, station office and shops. An oil interceptor shall also be constructed to

reduce chances of environmental pollution to soil and water by potentially contaminated

surface/waste water from the station. The proposed project is designed in line with other similar

projects (petrol stations) along the road and in other areas. The estimated project cost is Two

Million, Five Hundred Thousand Shillings (KES 2,500,000)

The oil industry spurred on by regulators globally, has recognized the need for change in order to

safeguard the environment. In relation to this, the Environmental concerns have now been

integrated in the planning and implementation processes of any proposed projects in Kenya. The

key objective is to mitigate conflicts with the environment at the vicinity during implementation

and operational phases. In addition, it is now mandatory for projects of such magnitude and

nature to carry out Environmental Impact Assessments (EIA study reports in this particular case),

to enhance Sustainable Environmental Management as well as controlling and revitalizing the

much-degraded environment.

Pursuant to the prevailing legal requirements as envisaged in the EMCA and to ensure

sustainable environmental management, the proponent undertook this EIA study for the proposed

petrol service station; and incorporated substantial environmental aspects as advised by NEMA.

This EIA study report thus provides relevant information and environmental considerations on

the project proponent’s intention to see information and environmental considerations on the

project proponent’s intention to seek approval from NEMA for the development of the proposed

project.

The main objective of the EIA project is to provide information on the nature and extent of

potential environmental impacts arising from the construction and operation of the proposed


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Filling station (hereinafter referred to as “the Project”) and related activities taking place

concurrently and to contribute to decisions on the overall environmental acceptability of the

Project after the implementation of environmental mitigation measures.

The methodologies used to conduct this EIA study were a) Questionnaires b) Interviews c) Field

observations d) Desktop research. The public participation comments, Freehold document, and

Architectural Designs have been annexed at the back of this report.

The scope of the study was to describe the project, document all the baseline information,

address both the positive and negative impacts and develop mitigation measures for negative

impacts including designing environmental management plan for the project.

The following are areas of concern as well as positive impacts that have been discussed at depth

in the report and their mitigation measures outlined. a) Solid and liquid waste generation b)

Noise nuisance c) Employment d) dust emissions and air pollution e) occupational health and

safety concerns f) National economic benefits g)energy use h) loss of vegetation i) Soil erosion j)

Fire hazards and accidents ) land use shift k) Increased water demand l) Gaseous emissions m)

Increased pressure on existing infrastructure.

Methodology Outline

The fieldwork was extensive and included several activities. A reconnaissance visit was made to

the project area by the EIA team. Based on this, the team set out key areas of observation. This

was then followed by detailed visits of the project area and neighbouring facilities taking records

of observations as well as interviewing community members.

Different stakeholders were interviewed to give their views on the expected impacts of the

project. Literature review was also done. Their impacts on the environment were reviewed too.

Environmental management and coordination Act (EMCA) 1999 and other relevant statutes that

have a direct significance to the proposed project were reviewed. Other reports and reference

materials on physical and biological data on the study area were also studied and reviewed.

The general steps followed during the assessment were as follows:

Environment screening, in which the project was identified as among those requiring an

EIA under schedule 2 of EMCA, 1999.

Environmental scoping that provided the key environmental issues.

Desktop studies and interviews

Physical inspection of the site and surrounding areas

EIA Public participation via the use of questionnaires

Reporting.


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Project Design

The EIA report is based on information and Consultation with the proponent. The proposed site

is composed of the following major sections:

The canopy over pumps (fore court)

Underground oil storage tanks and breathers

Offices and shops

Drive ways: walkways; acceleration and deceleration lanes; and parking areas

Oil/water interceptor

Washrooms

Possible Impact Proposed Mitigation Measures

Impact on excavated soil Control construction especially during wet/rainy conditions

Landscaping

Compact loose properly

Dispose excavated loose properly

Compromising Safety and

health of workers, neighbours

pedestrians and visitors

Fence off the site

Display warning signs of construction works.

Issue workers with safety appliances.

Ensure safe access to the site through culverts.

Provide a first aid kit.

Avail pit latrine and bathing facilities.

Traffic and Transport Impacts Construct acceleration and deceleration lanes.

Deliver materials on need basis.

The personnel on the ground should guide traffic movements.

Damaged drainage should be repaired and maintained after

construction.

Increased Human Activities –

Increased Solid Waste

Generation

Place litterbins at the site.

Ensure that there are elaborate programmes of waste removal

frequently.

Waste generated should be contained appropriate.

Impact on air quality Wet or cover dust generating activities.

Provide PPE to the workers.

Switch off vehicle engine and machinery when not in use.

Environmental concern during

the construction phase

Proponent will liaise with the environmental consultants

throughout the construction phase.

Noise and vibration levels Use of manual labour.

Noise assessment should be done.

Use of PPE.

Work with machinery should be limited today time only.

Solid waste generation Ensure all the waste, damaged and unused building materials are

removed safely from the site and sold out, reused or disposed

properly.

Ensure general cleaning of the compound and disposal of solid

wastes.

Use oil receptors for containing waste oil.

Provide litter bin for trash and solid waste.


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Liaise with waste handlers especially tyres recyclers to collect

worn out

Tyres for disposal or retread.

Service vehicles at the service bay to minimize oil spills.

Recover waste and split oil into oil receptors.

Emergency preparedness Provide suitable fire extinguishers including ABC or CO2 and

place them near probable source ignition.

Warning signs should be in place.

Sources of fire should be restricted to all.

Smoking and disposal of cigarette waste should be limited to

designated facilities and areas far from the fuel dispensing

canopy.

Conclusion

It should always be remembered that petrol filling stations once put into operation need to be

closely managed. This will ensure that the environment is always safeguarded. It is therefore

important that the site conduct regular site assessments to provide early indication of leaks or

releases of product into the ground and available risks.

If there is considered to be a very high risk, a redevelopment should be considered. Other

methods to be considered, which will point to early indications of leaks are: There should be

accurate records of stocks and sales; modern stock control systems; associated with tank gauging

systems, to provide an early warning when stock losses are outside acceptable parameters; the

project’s systems should be tested on a regular basis as they get older, to attest they are sound;

testing of both the tanks and lines should be by precision tightness methods and; monitoring

wells should be installed around the site to give an early indication of a product release.

Considering the proposed location, construction, management and mitigation measures that will

be put in place and the project’s contribution in the provision of petroleum products and creating

employment opportunities, its implementation is considered important and beneficial. The key

effort should be geared towards safeguarding the environment. This can be effectively overcome

through close following and implementation of the recommended Environmental Management

Plan (EMP).


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TABLE OF CONTENTS

DECLARATION......................................................................................................................................... 2

LIST OF ACRONYMS .............................................................................................................................. 3

EXECUTIVE SUMMARY ........................................................................................................................ 4

TABLE OF CONTENTS ........................................................................................................................... 8

1.0 INTRODUCTION ......................................................................................................................... 10

1.1 PETROLEUM INDUSTRY IN KENYA .............................................................................................. 10

1.2 ENVIRONMENTAL IMPACTS OF THE PETROLEUM INDUSTRY ...................................................... 11

1.3 TERMS OF REFERENCE (TOR) FOR THE EIA ............................................................................... 13

2.0 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK POLICY ............................. 14

2.1 GENERAL OVERVIEW .................................................................................................................. 14

2.2 THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT 1999) .................................. 14

2.3 THE ENVIRONMENT (IMPACT ASSESSMENT AND AUDIT) REGULATIONS, 2003 ......................... 14

2.4 THE OCCUPATIONAL SAFETY AND HEALTH ACT, 2007.............................................................. 14

2.5 THE WATER ACT 2002 ................................................................................................................ 15

2.6 THE PUBLIC HEALTH ACT (CAP. 242)......................................................................................... 16

2.7 THE LOCAL GOVERNMENT ACT (CAP. 265) ............................................................................... 16

2.8 THE PHYSICAL PLANNING ACT, 1996 ......................................................................................... 17

2.9 THE PENAL CODE (CAP. 63) ........................................................................................................ 18

2.10 ENERGY ACT, 2006 ..................................................................................................................... 18

2.11 WORK INJURY BENEFITS ACT, 2007 ........................................................................................... 18

2.12 LOCAL GOVERNMENT ACT CAP 265 .......................................................................................... 18

2.13 THE WAY LEAVE ACT ................................................................................................................. 18

2.14 WEIGHTS AND MEASURES ACT, CAP 513 ................................................................................... 19

2.15 THE CONSTITUTION OF KENYA, 2010 ......................................................................................... 19

3.0 PROJECT BASELINE INFORMATION .................................................................................. 21

3.1 PROJECT LOCATION .................................................................................................................... 21

3.2 SOCIO-ECONOMIC FACTORS ....................................................................................................... 21

3.3 PHYSICAL ENVIRONMENT ........................................................................................................... 22

3.4 BIOLOGICAL ENVIRONMENT ....................................................................................................... 23

3.5 AIR POLLUTION ........................................................................................................................... 23

3.6 SITE INFRASTRUCTURE ............................................................................................................... 23

4.0 PROJECT DESCRIPTION ......................................................................................................... 25

4.1 INTRODUCTION ............................................................................................................................ 25

4.2 JUSTIFICATION OF THE PROJECT .................................................................................................. 25

4.3 PROJECT ALTERNATIVES............................................................................................................. 25

4.4 OPERATION AND PROCESSES ...................................................................................................... 26

4.5 PROJECT DESIGN ......................................................................................................................... 26

4.6 DESCRIPTION OF THE PROJECT’S CONSTRUCTION ACTIVITIES ................................................... 30


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4.7 DESCRIPTION OF THE PROJECT’S OPERATIONAL ACTIVITIES....................................................... 31

4.8 SIZE AND MAGNITUDE OF THE PROJECT ..................................................................................... 32

4.9 THE PROJECT SCHEDULE ............................................................................................................ 32

4.10 ESTIMATED PROJECT COST ......................................................................................................... 32

5.0 ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ..................................... 33

5.1 POSITIVE IMPACTS ...................................................................................................................... 33

5.2 ADVERSE IMPACTS AND MITIGATION .......................................................................................... 33

5. 3 OPERATION PHASE ...................................................................................................................... 39

5.4 DECOMMISSIONING ..................................................................................................................... 39

5.5 WORKING CONDITIONS ............................................................................................................... 39

5.6 PUBLIC CONSULTATIONS ............................................................................................................. 39

6.0 FURTHER RECOMMENDED MITIGATION MEASURES ................................................. 41

6.1 GENERAL OVERVIEW .................................................................................................................. 41

6.2 PLANNING AND DESIGN. ............................................................................................................. 41

6.3 OPERATIONS AND MAINTENANCE .............................................................................................. 42

7.0.0 PROJECT DECOMMISSIONING ............................................................................................. 49

7.1 REMOVAL/REPLACEMENT OF FUEL TANK ................................................................................... 49

7.2 DESCRIPTION OF THE PROJECT’S DECOMMISSIONING ACTIVITIES .............................................. 50

8. 0 ENVIRONMENTAL MANAGEMENT PLAN FRAMEWORK ............................................. 51

PROPOSED EMERGENCY RESPONSE PLAN ................................................................................. 62

10.0 REFERENCES .............................................................................................................................. 63


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1.0 INTRODUCTION

1.1 Petroleum Industry in Kenya

The East African republic of Kenya has had no known oil or gas reserves, until recently oil

reserves were discovered in northern part of the country. The Kenyan government has

encouraged foreign interest in oil exploration and there is a modest upstream oil industry. It is

endowed with other energy sources including wood fuel, coal, solar and wind power, much of

which is untapped. The country's commercial energy needs are supplied by electricity, coal, fuel

wood and oil-derived products.

Petroleum is Kenya’s major source of commercial energy and has, over the years, accounted for

about 80% of the country’s commercial energy requirements. Demand for oil in Kenya is quite

small due to the country’s underdeveloped economy, which is heavily dependent on labour

intensive and rain-fed agriculture systems. The domestic demand for various petroleum fuels on

average stands at 2.5 million tons per year, all of it imported from the Gulf region, either as

crude oil for processing at the Kenya Petroleum Refineries Limited or as refined petroleum

products.

Prior to liberalization in October 1994, a significant feature of Kenya’s oil industry was a

relatively high level of government’s direct participation, and a correspondingly low level of

private sector involvement. Seven marketing and distribution companies were responsible for

procuring and importing their own oil. The National Oil Corporation of Kenya was mandated to

supply 30% of the crude oil requirement into the country.

Since liberalization, many new companies have been licensed by the government to engage in

petroleum trading, especially import and export, wholesale and retail of petroleum products.

However, despite this initiative, only about ten new entrants are actively trading with a market

presence of less than 10% of the market share due to tariff and non-tariff barriers to entry.

The Kenya Petroleum Refineries Limited, Kenya Pipeline Company Limited, National Oil

Corporation of Kenya and Kenya Railways Corporation represent the government .s presence in

the petroleum industry. The Kenya Petroleum Refineries Limited is owned on a 50:50 equity

holding between the government and three shippers, namely, Shell, British Petroleum and

Caltex. The Kenya Pipeline Company Limited, Kenya Railways Corporation and private

transporters are involved in transportation of petroleum products from Mombasa to other parts of

the country and neighbouring countries.

National Oil Corporation of Kenya Limited was incorporated in 1981 under the Companies Act

(Cap 486). The company's main objective then was to coordinate oil exploration (upstream)

activities. In 1988 the company was mandated on behalf of the government to supply 30% of the


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country's crude oil requirements that would in turn be sold to oil marketing companies for

refining and onward sale to consumers.

In July 2000, the Petroleum Institute of East Africa was launched with the aim of promoting all

areas of the oil sector in East Africa. In 1997, the East African Community (EAC) (dissolved in

1977 due to political differences) was revived to create a partnership between Kenya, Uganda

and Tanzania. The aims of the EAC are, inter alia, to promote investment codes by protecting

property and rights, and properly regulating the private sector.

1.2 Environmental Impacts of the Petroleum Industry

The environmental impact of petroleum is often negative because it is toxic to almost all forms

of life. The possibility of climate change exists. Petroleum, commonly referred to as oil, is

closely linked to virtually all aspects of present society, especially for transportation and heating

for both homes and for commercial activities.

Toxicity

Petroleum distillates contaminate surface runoff and kill almost all life. Crude oil is a mixture of

many different kinds of organic compounds, many of which are highly toxic and cancer causing

(carcinogenic). Oil is "acutely lethal" to fish, that is it kills fish quickly, at a concentration of

4000 parts per million (ppm) (0.4%). Crude oil and petroleum distillates cause birth defects.[2]

Benzene is present in both crude oil and gasoline and is known to cause leukemia in

humans. The compound is also known to lower the white blood cell count in humans, which

would leave people exposed to it more susceptible to infections. Studies have linked benzene

exposure in the mere parts per billion (ppb) ranges to terminal leukemia, Hodgkins lymphoma,

and other blood and immune system diseases within 5-15 years of exposure."

Air pollution

When oil or petroleum distillates are burned usually the combustion is not complete. This means

that incompletely burned compounds are created in addition to just water and carbon dioxide.

The other compounds are often toxic to life. Examples are carbon monoxide and methanol. Also,

fine particulates of soot blacken humans' and other animals' lungs and cause heart problems or

Acid rain

High temperatures created by the combustion of petroleum causes nitrogen gas in the

surrounding air to oxidize, creating nitrous oxides. Nitrous oxides, along with sulfur

dioxide from the sulfur in the oil, combine with water in the atmosphere to create acid rain. Acid

http://en.wikipedia.org/wiki/Petroleum

http://en.wikipedia.org/wiki/Toxic

http://en.wikipedia.org/wiki/Climate_change

http://en.wikipedia.org/wiki/Organic_compound

http://en.wikipedia.org/wiki/Toxic

http://en.wikipedia.org/wiki/Carcinogenic

http://en.wikipedia.org/wiki/Parts_per_million

http://en.wikipedia.org/wiki/Birth_defects

http://en.wikipedia.org/wiki/Environmental_impact_of_petroleum#cite_note-2

http://en.wikipedia.org/wiki/Benzene

http://en.wikipedia.org/wiki/Leukemia

http://en.wikipedia.org/wiki/White_blood_cell

http://en.wikipedia.org/wiki/Infection

http://en.wikipedia.org/wiki/Hodgkins_lymphoma

http://en.wikipedia.org/wiki/Immune_system

http://en.wikipedia.org/wiki/Air_pollution

http://en.wikipedia.org/wiki/Methanol

http://en.wikipedia.org/wiki/Atmospheric_particulate_matter

http://en.wikipedia.org/wiki/Soot

http://en.wikipedia.org/wiki/Nitrogen

http://en.wikipedia.org/wiki/Nitrous_oxide

http://en.wikipedia.org/wiki/Sulfur_dioxide

http://en.wikipedia.org/wiki/Sulfur_dioxide

http://en.wikipedia.org/wiki/Sulfur

http://en.wikipedia.org/wiki/Acid_rain


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rain causes many problems such as dead trees and acidified lakes with dead fish. Coral reefs in

the world's oceans are killed by acidic water caused by acid rain.

Acid rain leads to increased corrosion of machinery and structures (large amounts of capital),

and to the slow destruction of archaeological structures like the marble ruins

in Rome and Greece.

Climate change

Humans burning large amounts of petroleum create large amounts of CO2 (carbon dioxide) gas

that traps heat in the earth's atmosphere. Also some organic compounds, such

as methane released from petroleum drilling or from the petroleum itself, trap heat several times

more efficiently than CO2. Soot blocks the sun from reaching the earth and could cause cooling

of the earth's atmosphere.

Oil spills

An oil spill is the release of a liquid petroleum hydrocarbon into the environment, especially

marine areas, due to human activity, and is a form of pollution. The term is usually applied

to marine oil spills, where oil is released into the ocean or coastal waters, but spills may also

occur on land. Oil spills may be due to releases of crude oil from tankers, offshore

platforms, drilling rigs and wells, as well as spills of refined petroleum products (such

as gasoline, diesel) and their by-products, heavier fuels used by large ships such as bunker fuel,

or the spill of any oily refuse or waste oil.

Major oil spills include the Kuwaiti oil fires, Kuwaiti oil lakes, Lakeview Gusher, Gulf War oil

spill, and the Deepwater Horizon oil spill. Spilt oil penetrates into the structure of the plumage of

birds and the fur of mammals, reducing its insulating ability, and making them more vulnerable

to temperature fluctuations and much less buoyant in the water. Cleanup and recovery from an

oil spill is difficult and depends upon many factors, including the type of oil spilled, the

temperature of the water (affecting evaporation and biodegradation), and the types of shorelines

and beaches involved. Spills may take weeks, months or even years to clean up.

Volatile organic compounds

Volatile organic compounds (VOCs) are gases or vapours emitted by various solids and liquids,

many of which have short- and long-term adverse effects on human health and the environment.

VOCs from petroleum are toxic and foul the air, and some like benzene are extremely toxic,

carcinogenic and cause DNA damage. Benzene often makes up about 1% of crude oil and

gasoline. Benzene is present in automobile exhaust. More important for vapors from spills of

diesel and crude oil are aliphatic, volatile compounds. Although "less toxic" than compounds

like benzene, their overwhelming abundance can still cause health concerns even when benzene

http://en.wikipedia.org/wiki/Coral_reef

http://en.wikipedia.org/wiki/Corrosion

http://en.wikipedia.org/wiki/Capital_(economics)

http://en.wikipedia.org/wiki/Rome

http://en.wikipedia.org/wiki/Greece

http://en.wikipedia.org/wiki/Carbon_dioxide

http://en.wikipedia.org/wiki/Methane

http://en.wikipedia.org/wiki/Liquid

http://en.wikipedia.org/wiki/Petroleum

http://en.wikipedia.org/wiki/Hydrocarbon

http://en.wikipedia.org/wiki/Marine_(ocean)

http://en.wikipedia.org/wiki/Ocean

http://en.wikipedia.org/wiki/Coastal_waters

http://en.wikipedia.org/wiki/Crude_oil

http://en.wikipedia.org/wiki/Oil_tanker

http://en.wikipedia.org/wiki/Oil_platform

http://en.wikipedia.org/wiki/Oil_platform

http://en.wikipedia.org/wiki/Drilling_rig

http://en.wikipedia.org/wiki/Oil_well

http://en.wikipedia.org/wiki/Oil_refinery

http://en.wikipedia.org/wiki/Gasoline

http://en.wikipedia.org/wiki/Diesel_fuel

http://en.wikipedia.org/wiki/Bunker_fuel

http://en.wikipedia.org/wiki/Waste_oil

http://en.wikipedia.org/wiki/Kuwaiti_oil_fires

http://en.wikipedia.org/w/index.php?title=Kuwaiti_oil_lakes&action=edit&redlink=1

http://en.wikipedia.org/wiki/Lakeview_Gusher

http://en.wikipedia.org/wiki/Gulf_War_oil_spill

http://en.wikipedia.org/wiki/Gulf_War_oil_spill

http://en.wikipedia.org/wiki/Deepwater_Horizon_oil_spill

http://en.wikipedia.org/wiki/Plumage

http://en.wikipedia.org/wiki/Fur

http://en.wikipedia.org/wiki/Buoyancy

http://en.wikipedia.org/wiki/Volatile_organic_compound


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levels in the air are relatively low. The compounds are sometimes collectively measured as

"Total Petroleum Hydrocarbons" or "TPH."

Waste oil

Waste oil is used oil containing breakdown products and impurities from use. Some examples of

waste oil are used oils such as hydraulic, transmission oil, brake fluids, motor

oil, crankcase oil, gear box oil and synthetic oil. Many of the same problems associated with

natural petroleum exist with waste oil. When waste oil from vehicles drips out engines over

streets and roads, the oil travels into the water table bringing with it such toxins as benzene. This

poisons both soil and drinking water. Runoff from storms carries waste oil into rivers and

oceans, poisoning them as well.

1.3 Terms of Reference (TOR) for the EIA

The TOR for the EIA included but was not limited to the following:

Importance of the filling station

Proposed filling station-location

Neighbouring facilities

Environmental degradation likely to arise from the construction activities

Risks associated with any fire outbreaks.

Environmental risks associated with the Spillage/Leakage of the stored products

(impacting soil and groundwater)

Environment mitigation and management measures to address the above potential risks,

Environmental Management/Monitoring Plan

Conclusions and recommendations

http://en.wikipedia.org/wiki/Motor_oil

http://en.wikipedia.org/wiki/Motor_oil

http://en.wikipedia.org/wiki/Crankcase

http://en.wikipedia.org/wiki/Gear_box

http://en.wikipedia.org/wiki/Synthetic_oil

http://en.wikipedia.org/wiki/Benzene


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2.0 POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK POLICY

2.1 General Overview

Environmental Impact Assessment (EIA) as a tool for environmental conservation has been

identified as a key component in new project implementation. At the national level, Kenya has

put into place necessary legislation that requires EIA to be carried out on every new project,

activity or programme. (EMCA, 1999.), and a report submitted to the National Environment

Management Authority (NEMA) for approval and issuance of relevant certificates.

To facilitate this process, regulations on EIA and environmental audits have been established

under the Kenya Gazette Supplement No. 56 of 13th June 2003. Besides, a number of other

national policies and legal states have been reviewed to enhance environmental sustainability in

national development projects across all sectors.

Some of the policy and legal provisions are briefly presented in the following sub-sections

2.2 The Environmental Management and Co-ordination Act 1999)

This was enacted in 1999 with Presidential Assent given on January 6, 2000 and date of

commencement of the Act being January 14, 2000. Prior to this Act coming into force, the

sectoral laws that were however prevailed upon by the EMCA since its enactment though still in

force addressed environmental issues.

2.3 The Environment (Impact Assessment and Audit) Regulations, 2003

On June 13th 2003, the Minister of Environment, Natural Resources and Wildlife promulgated

the Environment (Impact Assessment and Audit) regulations 2003 (EIA/EA Regulations) under

section 147 of the EMCA. These regulations provide the framework for carrying out EIAs and

EAs in Kenya.

2.4 The Occupational Safety and Health Act, 2007

The Act applies to all workplaces where any person is at work, whether temporarily or

permanently. The purpose of this Act is to: Secure the safety, health and welfare of persons at

work; and Protect persons other than persons at work against risks to safety and health arising

out of, or in connection with, the activities of persons at work.

2.4.1 Safety

Fencing of the premises and dangerous work stations should be done. Workers must be trained

on personal safety and how to handle equipments and machines. They should be provided with

Personal Protective Equipment which should be worn at all times.


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Special precaution against gassing should be laid down for duties in confined spaces where

people are liable to be overcome by hazardous fumes. Air receivers and fittings must be of sound

quality and should be regularly maintained.

There should be a fire risk and disaster preparedness plan clearly spelt out and implemented.

Adequate fire Extinguishers should be installed at every pump, in the office, escape route clearly

marked and an assembly point provided and marked.

2.4.2 Health

The premises must be kept clean; dusting done daily and separate washrooms (Gents & Ladies)

kept clean and in good working conditions and necessary facilities provided.

The workstations must be adequately ventilated, with enough light to ensure workers are not

subjected to any form of hazards while at work.

2.4.3 Welfare

Part X, 95. Every occupier shall provide and maintain so as to be readily accessible, a first-aid

box or cupboard of the prescribed standard.

Part II, 11. (1) .The occupier of a workplace shall cause a thorough safety and health audit of his

workplace to be carried out at least once in every period of twelve months by a safety and health

advisor, who shall issue a report of such an audit containing the prescribed particulars to the

occupier on payment of a prescribed fee and shall send a copy of the report to the Director.

2.5 The Water Act 2002

Part II section 18 of this Act provides for national monitoring and information systems on water

resources. Following on this, sub-section 3 allows the Water Resources Management Authority

to demand from any person or institution, specified information, documents, samples or

materials on water resources. Under these rules, specific records may require to be kept by the

owner of the project and the information thereof furnished to the authority.

Section 73 of the Act allows a person with license (licensee) to supply water to make regulations

for purposes of protecting against degradation of water sources. Section 75 and sub-section 1

allows the licensee to construct and maintain drains, sewers and other works for intercepting,

treating or disposing of any foul water arising or flowing upon land for preventing pollution of

water sources within his/her jurisdiction.

Section 76 states that no person shall discharge any trade effluent from any trade premises into

sewers of a licensee without the consent of the licensee upon application indicating the nature

and composition of the effluent, maximum quantity anticipated, flow rate of the effluent and any


16

other information deemed necessary. The consent shall be issued on conditions including

payment of rates for the discharge as may be provided under section 77 of the same Act.

2.6 The Public Health Act (Cap. 242)

Part IX section 115 of the Act states that no person/institution shall cause nuisance or condition

liable to be injurious or dangerous to human health. Section 116 requires Local Authorities to

take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction

clean and sanitary to prevent occurrence of nuisance or condition liable for injurious or

dangerous to human health.

Such nuisance or conditions are defined under section 118, waste pipes, sewers, drains or refuse

pits in such a state, situated or constructed as in the opinion of the medical officer of health to be

offensive or injurious to health. Any noxious matter or waste water flowing or discharged from

any premises into a public street or into the gutter or side channel or watercourse, irrigation

channel or bed not approved for discharge is also deemed as a nuisance. Other nuisances are

accumulation of materials or refuse which in the opinion of the medical officer of health is likely

to harbor rats or other vermin.

On the responsibility of local authorities, Part XI section 129 of the Act states in part “It shall be

the duty of every local authority to take all lawful, necessary and reasonably practicable

measures for preventing any pollution dangerous to health of any supply of water which the

public within its district has a right to use and does use for drinking or domestic purposes…”.

Section 130 provides for making and imposing regulations by the local authorities and others the

duty of enforcing rules in respect of prohibiting use of water supply or erection of structures

draining filth or noxious matter into water supply as mentioned in section 129. This provision is

supplemented by Section 126A that requires local authorities to develop by-laws for controlling

and regulating among others private sewers, communication between drains and sewers and

between sewers as well as regulating sanitary conveniences in connection to buildings, drainage,

cesspools, etc. for reception or disposal of foul matter.

Part XII Section 136 states that all collections of water, sewage, rubbish, refuse and other fluids

which permits or facilitate the breeding or multiplication of pests shall be deemed nuisances and

are liable to be dealt with in the manner provided by this Act.

2.7 The Local Government Act (Cap. 265)

Section 160 helps local authorities ensure effective utilization of the sewerage systems. It states

in part that municipal authorities have powers to establish and maintain sanitary services for the


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removal and destruction of, or otherwise deal with all kinds of refuse and effluent and where

such service is established, compel its use by persons to whom the service is available. However,

to protect against illegal connections, section 173 states that any person who, without prior

consent in writing from the council, erects a building on; excavate or opens-up; or injures or

destroys any sewers, drains or pipes shall be guilty of an offence.

Any demolitions and repairs thereof shall be carried out at the expense of the offender.

Section 170, allows the right of access to private property at all times by local authorities, its

officers and servants for purposes of inspection, maintenance and alteration or repairs of sewers.

To ensure sustainability in this regard, the local authority is empowered to make by-laws in

respect of all such matters as are necessary or desirable for the maintenance of health, safety and

wellbeing of the inhabitants of its area as provided for under section 201 of the Act.

The Act under section 176 gives power to the local authority to regulate sewerage and drainage,

fix charges for use of sewers and drains and require connecting premises to meet the related

costs. According to section 174, any charges so collected shall be deemed to be charges for

sanitary services and will be recoverable from the premise owner connected to the facility.

Section 264 also requires that all charges due for sewerage, sanitary and refuse removal shall be

recovered jointly and severally from the owner and occupier of the premises in respect of which

the services were rendered. This in part allows for application of the “polluter-pays-principle”.

2.8 The Physical Planning Act, 1996

The Local Authorities are empowered under section 29 the Act to reserve and maintain all land

planned for open spaces , parks, urban forests and green belts. The same section, therefore,

allows for prohibition or control the use and development of land and buildings in the interest of

proper and orderly development of an area.

Section 30 states that any person who carry out development without development permission

will be required to restore the land to it 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 in connection with a development application, local authority is

of the opinion that the proposed development activity will have injurious impact on the

environment, the applicant shall be required to submit together with the application an

environmental impact assessment (EIA) report. EMCA, 1999 echoes the same by requiring that

such an EIA is approved by the National Environment Management Authority (NEMA).


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2.9 The Penal Code (Cap. 63)

Section 191 of the Penal Code states that any person or institution that voluntarily corrupts or

foils water for public springs or reservoirs, rendering it less fit for its ordinary use is guilty of an

offence Section 192 of the same act says a person who makes or vitiates 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 public way, commit an offence.

2.10 Energy Act, 2006

In 2006, the Energy Act No. 12 of 2006 was enacted. This led to the transformation of the then

Electricity Regulatory Board to the Energy Regulatory Commission (ERC) to also regulate

petroleum and renewable energy sectors in addition to electricity. The Act states in Section 5(a)

(ii) that the objects and functions of ERC include regulating the importation, exportation,

transportation, refining, storage and sale of petroleum and petroleum products. Therefore one of

the functions of the ERC is licensing of petroleum import, export, transport, storage, refining and

sale. Construction Permits are also to be issued by ERC for all petroleum related facilities in

order to check proliferation of substandard sites. All petroleum operators are required to comply

with provisions for Environment Health and Safety. Petroleum products should also meet the

relevant Kenya Standards.

2.11 Work Injury Benefits Act, 2007

This provides for compensation to employees for work related injuries and diseases contracted in

the course of employment. The proponent must comply with the provisions of this legislation

with regard to the above Act at the proposed premises.

2.12 Local Government Act CAP 265

The sections of the Local Government Act that are relevant to this project include making by-

laws in respect of suppression of nuisances, imposing fees for any license or permit issued in

respect of trade or charges for any services. Local authorities are given power to control or

prohibit all developments which, by reason of smoke, fumes, chemicals, gases, dust, smell,

noise, vibration or other cause, may be or become

a source of danger, discomfort or annoyance to the neighbourhoods, and to prescribe the

conditions subject to which such developments shall be carried on.

2.13 The Way Leave Act

The areas zoned for communication lines, sewer lines, power lines, water pipes etc are known as

way leaves. The way leave Act prohibits development of any kind in these designated areas.

Thus any developer is bound by this Act to see to it that no development takes place in these

areas. The proposed project will not encroach on any way leave and will leave the required space

for such services.


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Section 214 of the by law requires that any public building where the floor is more than 20 feet

above the ground level should be provided with fire fighting equipment that may include one or

more of the following hydrants, hose reels and fire appliances, external conations portable fire

appliances, water storage tanks, dry risers, sprinkler, drencher and water spray spring protector

system.

2.14 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.

2.15 The Constitution of Kenya, 2010

The Constitution is the supreme law of the Republic and binds all persons and all State organs at

all levels of government. Kenyans passed a new constitution in a referendum held on 4 August

2010, and the State promulgated it on the 27th September 2010 into Law. It repealed the older

version drafted and at Lancaster, United Kingdom, in 1964. The Constitution of Kenya, 2010

provides the broad framework regulating all existence and development aspects of interest to the

people of Kenya, and along which all national and sectoral legislative documents are drawn.

In relation to the environment, article 42 of chapter four, The Bill Of Rights, confers to every

person the right to a clean and healthy environment, which includes the right to have the

environment protected for the benefit of present and future generations through legislative

measures, particularly those contemplated in Article 69, and to have obligations relating to the

environment fulfilled under Article 70. Chapter 5 of the document provides the main pillars on

which the 77 environmental statutes are hinged.

Part 1 of the chapter dwells on land, outlining the principles informing land policy, land

classification as well as land use and property. The second part of this chapter directs focus on

the environment and natural resources. It provides a clear outline of the state’s obligation with

respect to the environment, thus;


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“The state shall

Ensure sustainable exploitation, utilization, management and conservation of the

environment and natural resources, and ensure the equitable sharing of the accruing

benefits;

Work to achieve and maintain a tree cover of at least ten per cent of the land area of

Kenya;

Protect and enhance intellectual property in, and indigenous knowledge of, biodiversity

and the genetic resources of the communities;

Encourage public participation in the management, protection and conservation of the

environment;

Protect genetic resources and biological diversity;

Establish systems of environmental impact assessment, environmental audit and

monitoring of the environment;

Eliminate processes and activities that are likely to endanger the environment; and

Utilise the environment and natural resources for the benefit of the people of Kenya.”

There are further provisions on enforcement of environmental rights as well as

establishment of legislation relating to the environment in accordance to the guidelines

provided in this chapter.

In conformity with the Constitution of Kenya, 2010, every activity or project undertaken

within the republic must be in tandem with the state’s vision for the national environment

as well as adherence to the right of every individual to a clean and healthy environment.

The station being audited utilizes sensitive components of the physical and natural

environment hence need for a clearly spelt out environmental management plan to curb

probable adverse effects to the environment.


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3.0 PROJECT BASELINE INFORMATION

3.1 Project Location

The project site is located on Plot L.R No MAKINDU/KIBOKO B/687 situated along the

Nairobi – Mombasa road, in Kiboko area, within the Makueni County. The proponent is in the

process of commencing construction after NEMA approval.

3.1.1 Existing development on site

The proposed site for the project is currently vacant; there are no existing structures on site that

would require demolition exercises. Plots within the vicinity of the proposed project site are not

yet developed in terms of structures put up though; the plots are mostly occupied in farming

activities.

3.2 Socio-Economic Factors

3.2.1 Labour force

The labour force, comprising the population aged 15-64 years was 339,562 in 1999. Out of these,

170,573 were males and 168,992 were females. The labour force is projected to increase to

436,883 persons by the year 2008. The labour force is the most hit by the HIV/AIDS epidemic.

3.2.2 Poverty Analysis

Poverty is a major development challenge in the district. The poor constitute about 73.5 per cent

of the total population. A major effect of poverty is the high rate of school dropouts, as parents

cannot meet the education costs. The poor are vulnerable to nutrition related illnesses and

respiratory infections due to poor shelter. Young girls are forced into early marriages and

therefore denied access to education.

3.2.3 Demographic and Population

Makueni district had a population of 771,545 people in 1999 and was projected to reach 839155

by 2002 and 974,375 by 2008. The district is sparsely populated except for Kilungu and Mbooni

divisions. The highest concentration of the population is in hilly areas which have natural

resource potential. Most of the people are in settlement schemes. In addition there is higher

concentration in upcoming urban centers and towns.


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3.2.4 Settlement Pattern

Settlement pattern: Subsistence farming has been the traditional mode of life, practiced on land

that was communally owned. However this lifestyle has undergone changes due to land

adjudication and subdivision to individual land tenure system. This has increased the rate of land

sells thus opening immigration especially in the relatively high agricultural potential areas of the

county to farming communities from other parts of the country. The counties proximity to

Nairobi has attracted a lot of immigrants. This has put pressure in areas. Land which has had

hitherto been high potential for agricultural production has been diverted to residential or

commercial purposes.

The sale of land in high and medium areas has pushed the local people to drier parts of the

county. Urban centres have experienced rapid population growth due to rural-urban migration

causing high population densities

3.3 Physical Environment

3.3.1 Climate

Rainfall

Makueni County receives an annual rainfall of about 150 – 650mm per year. The long rains are

received between October and December, while short rains are usually received in August.

However, this is very variable due to the effects of climate change and global warming Makueni

County that hosts this project, in Makindu has an altitude of between 600 and 1900 meters and

this contributes to warm temperature experienced in the county throughout the year. The

geographic coordinates of the project area, Makindu are 20

16’ 30.00”S, 370

49’ 12.00” E.

(Latitude: - 2.275000; 37.820000)

Temperature

Temperatures in the county vary with the attitude. In the hilly upper part the temperatures are

cool while the low lands are relatively hot. The temperatures range between 20.2degrees to24.6

degrees Celsius. The temperatures in the low land lying areas cause high evaporation rates as a

result rainfall quantities hardly exceed the evapotranspiration levels which cause the aridity

conditions

3.3.2 Geology and Soils

The area is under laid with basement rock system. They are represented in the area by stratified

succession of originally sedimentary rocks all of which have metamorphosed and granitized.

Other rock types are derived from lavas and volcanic fragment rocks. This type of rock is porous

in nature and percolation of pollutants to ground water is potential.


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There three distinct soil types in the county.

Red clay soils which occur in the hills and some parts of the lowlands

The sandy soils which mainly occur in the central parts of the county, where the project is

located, however most of the site has loam/red soils

Black cotton soils found mainly in southern parts of the county

3.3.3 Drainage and Hydrology

The county is mainly drained by river Athi and its tributaries which include Thwake, Kaiti,

Kikuu, Kiboko, Kambu and Mtito- Andei. The source of the river Athi and its tributaries are in

Athi and Kapiti plains where numerous seasonal swamps and a number of permanent swamps

are found. The area experiences water logging and impended drainage due to occasional heavy

rains. Kaiti originates from Kilungu hills and serves the area where the project is located.

3.4 Biological Environment

Generally, the area is in a region of fair rainfall with no rich agricultural areas. Crawling animals

and insects had dominated the fauna. However all the flora and fauna has now been interfered

with by human activities.

Fauna: There is not much of wildlife in the area as most of it is an old settlement scheme. The

only kind of animals is small ungulates like dikdiks, squirrels and other crawling animals and

insects commonly found in areas with long history of settlement

Flora: The area is dotted with occasional acacia trees and bushy vegetation on the edges of

farms and homesteads with a few typical remnants of grasslands in the background.

3.5 Air Pollution

The project site is at a safe distance from other commercial centres. There is absence or minimal

pollutants in the air and the ambient air is relatively clean. It is expected that at the construction

stage of the project, dust emission from the construction related works may spoil the ambient air

quality but slightly and temporary.

3.6 Site Infrastructure

3.6.1 Sewer system

The project will be connected to sewer line


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3.6.2 Road network

The station shall be located along the Nairobi – Mombasa Highway at Makindu area

3.6.3 Electricity

The town is well served with electricity from the Kenya power. The filling station shall have a

standby generator in case of power blackout.

3.6.4 Telephone

The area is well served with telephone network from all the major providers in Kenya including

Safaricom, Airtel, Yu, Orange and Telkom.


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4.0 PROJECT DESCRIPTION

4.1 Introduction

The project proponent, one Mr. Lawrence M. Mwania has had the intention of starting a business

in the petroleum industry since early last year when he commenced a process of procuring the

land for the project, the said PLOT No MAKINDU/KIBOKO B/687. The proponent intends to

secure a loan to facilitate the establishment of this project once the project has been approved by

NEMA and subsequent license issued.

4.2 Justification of the project

The project is meant to stimulate economic and social development of our country through

meeting the high demand of petroleum products in the country and also to meet proponent’s

economic desires. The project area is along a main road therefore suitable for such project hence

there will be no land-use conflict. It is therefore hoped that once the project is implemented, the

proponent’s goal to stimulate economic and social development of our country and its own

economic goals through meeting the high demand of oil products will be achieved.

4.3 Project Alternatives

Project Alternatives

The following alternatives to the project were considered and outlined below:

No Project option

This alternative would mean that the project does not proceed

Advantages

Air pollution from dust as a result of the construction will not occur because besides

being a wet season, the project will majorly involve light excavation and no other

activity.

There would not be soil compaction as a result of heavy machinery use

There will be a reduction of soil erosion due to less loosening of surface soil.

There would be no soil or water contamination

Disadvantages

There will be no creation of employment

There will be no secondary development as a result of the project

The value of land might improve but it will remain underdevelopment


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The expected income in the form of profits to the developer and in the form of taxes to

the government will not be realized

Relocation alternative

Relocation option to a different site is an option available for the project implementation. At the

moment, there are no alternative sites for the proposed development (i.e. the project proponent

do not have an alternative site). This means that the proponent has to look for the land if

relocation is proposed. Looking for the land to accommodate the project and completing official

transaction on it may take a long period. In addition, it is not guaranteed that such land would be

available and at a strategic position like the already identified area.

Comparison of alternatives

Under the NO Action alternatives, no development would be allowed on said plot and therefore

there would neither be benefits from the project nor the insignificant affects. Under the project

development alternatives, the project would create temporary employment for contractors.

Provided the mitigation measures are implemented, including construction and best management

practices, insignificant impacts on soils and water quality are anticipated. Commitments

associated with this alternative would ensure that potential impacts are avoided or reduced to

levels of insignificance.

4.4 Operation and Processes

This project will have its core business revolving on the retailing of diesel and petrol to motorist

along the Baringo road, most of which are public service matatus. The proposed operations and

processes of the station are as follows:

Procurement, receipt of refined petroleum product – Diesel/petrol.

Offloading of the petroleum product

Storage of the petroleum in the under ground storage tank.

Dispensing of fuel to motorists.

4.5 Project Design

The EIA study report is based on information and consultations with the proponent, design

Engineers and the general public. Main components of the proposed project shall include:

The canopy over pumps(fore court)


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Underground oil storage tanks and breathers

1 Storey building- Offices/convenient store

Drive ways: walkways; acceleration and deceleration lanes; and parking areas

Oil/water interceptor

Generator/compressor room

Service bay

Washrooms

4.4.1 Design of Tank Installation

Underground Storage Tanks (UST)

The tanks are manufactured from coated steel. These are called composite tanks. The manhole

section is fitted with a overfill protection device and self contained manhole which is impervious

to hydrocarbon and is sealed to prevent contamination to the surrounding environment. The

materials used to make the tanks are corrosive free metals. A documented leak monitoring

system will be put in place.

Secondary Containment Fuel Systems

Secondary containment fuel systems will be installed including tank gauging. The secondary

containment system encloses all primary fuel hoses and connections, isolating the system

completely from the environment i.e. ‘a pipe within a pipe’.

Underground Piping System

The proponent shall use co-axial polyethylene piping with fusion welded couplings terminated

on either end with rubber boots within the pump and tank sumps. No joins are made between the

tank and the pump thereby ensuring that if a leak occurs it is contained within the sumps. The

piping is doubled walled and laid at a fall of 1:100 back to the tank, ensuring that if a breakage

occurs in the inner skin, the fuel will run back to the tank containment sump where it is able to

be removed.

Tank Farm

The tank farm is the area of the filling station where the tanks that contain the relevant fuels are

stored. These tanks are stored underground and are therefore referred to as USTs. When

installing the USTs to assemble the tank farm, the proponent will utilize the latest technology,

both in the manufacturing and installation process. The USTs are manufactured from mild steel

and are coated with GRP on the exterior. These tanks are called Composite tanks. SANS 1535

and Underwriters Laboratories (UL) standards govern the manufacturing standards. A self


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contained manhole, which is impervious to hydrocarbons, is fitted to the tank and is sealed to

prevent contamination to the surrounding environment. Monitoring wells are also fitted to each

end of the tank to allow for continued ground water sampling.

Leak Monitoring Wells

Before back-filling of the tank farm takes place, leak monitoring wells (i.e. high density

polyethylene slotted/perforated pipes with a 160mm outside diameter, wrapped in a porous

geotextile, or ABS (acrylonitrile-butadiene-styrene) single-walled wedge-slot tubular screens)

will be installed in each corner of the excavation. A minimum of four wells will be installed to a

depth of 500mm below the floor of the excavation. If the soil at the bottom of the excavation is

of a sandy nature, the observation wells will be taken down an additional depth of 500mm below

the floor of the excavation. A minimum of one well should be installed at each corner of the

excavation.

Tank Gauging System

Tank gauging is a complete fuel management system. The purpose of the fuel management

system is to provide leak detection and reconciliation services for filling stations, thus allowing

for early leak detection and system monitoring of the tanks. The sophisticated system very

accurately monitors (up to 16 tanks and 64 sensors) all sales and deliveries relevant to the filling

station, which then in turn determines if any losses in product has occurred. An alarm is

incorporated into the system for the purpose of environmental monitoring, which is not only

beneficial to the surrounding environmental elements, but facilitates the proponent in

maintaining up-to date quantity and quality reports for record keeping purposes.

Soil and ground/surface water analysis will be done for total Hydrocarbon (TPH),

Polycyclic Aromatic Hydrocarbon (PAH) and BTEX analysis

Soil and water samples will be collected randomly from the petrol station once per annum it

starts operating. The samples will be taken in NEMA approved laboratories for analysis. TPH

will be estimated gravimetrically following standard methods of TPH analysis, while the heavy

metals will also be determined.

Groundwater monitoring

Groundwater monitoring should be undertaken annually (once per year) where groundwater

monitoring wells is installed. Groundwater monitoring bores should be sampled and analyzed; all

analysis for organic and inorganic substances must be done for total concentrations. That is; pH,


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Total Petroleum Hydrocarbons, BTEX (Total) Benzene Toluene Ethyl Benzene Xylene, and

Lead. An exceedance of the groundwater parameters may indicate a leak.

Oil/Water Interceptor

A chamber oil/water interceptor will be constructed at the filling station. The interceptor will be

constructed out of reinforced concrete walls and floor and plastered internally with waterproof

cement. A vent pipe from each chamber will be installed within the interceptor to allow for

fugitive emissions to escape.

Oil Tank: for used oil

The provision for used oil tank shall be made on a concrete plinth. The plinth will have a retainer

wall around it that will be able to contain the net contents of the used oil tank. The concrete

plinth will be sloped towards a sump whose drainage will be connected to the oil interceptor

tank/chamber for treatment of a potentially contaminated wastewater.

4.4.2 Forecourt Areas and Spillage Drainage

All service areas on the forecourt service area, as well as the refueling area, will be constructed

from concrete to form an impervious surface. Surfaces will be sloped to falls, and led to a

spillage containment system, where the contamination is able to be removed without entering the

sewage or storm water system or contaminating any surrounding soil

4.4.3 Fire Protection; Emergency Response

Fire extinguishers will be installed and fire incident management and control measures will be

instituted, which will include provision of sand buckets, warning signs such as “NO SMOKING”

signs, etc, which must be posted within the operation area and where they can easily be seen.

The fire fighting equipment will be located strategically within the proposed project. The

electrical system at the service station will be connected to a centrally located emergency stop

switch to enhance power control in the event of an emergence i.e. switch will shut off the

electrical power of the entire project.

4.4.4 Steel Canopy over Pump Island

A structural steel canopy will be fabricated and erected at the proposed project. This canopy will

be designed by a qualified structural engineer and fabricated/installed by a specialist.


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4.4.5 Electrical System

The electrical system at the filling station will be designed by a registered engineer and in

accordance with the electric power regulations in Kenya and other electrical standards such as

NFPA 70: National Electric Code. The electrical system will include power supply to the

mechanical pumps, underside of the steel canopy, the offices, and Machine/compressor room and

security systems. On completion of the electrical works, it is expected that Kenya Power will

approve the electrical works and issue a power connection certificate to the proponent.

4.6 Description of the Project’s Construction Activities

Pre-construction phase and investigations

The implementation of the project’s design and construction phase will start with thorough

investigation of the site soil characteristics

Building materials

These will be acquired locally, thus reducing negative impacts of transportation of the materials

to the project site through reduced distance of travel by the materials transport vehicles.

Building materials will be transported to the project site from their extraction, manufacture, or

storage sites using small trucks. The building materials to be used in construction of the project

will be sourced from the local shops and the surrounding areas.

Excavation of the Petrol Station and Embankment Foundation Works

Excavation will be carried out to prepare the site for construction of filling station, pavements

and drainage systems.

Masonry, Concrete Work and Related Activities

The construction of the filling Station, drainage systems, and ablution blocks among other

components of the project will involve a lot of masonry work and related activities like steel

works.

Roofing and Sheet Metal Works

Roofing activities will include iron sheet cutting, raising the roofing materials such as iron sheets

and structural timber to the roof and fastening the roofing materials to the roof.


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Landscaping

To improve the aesthetic value or visual quality of the site once construction ceases, the

proponent will carry out landscaping. This will include establishment of a buffer, flower gardens

and flourishing grass lawns and will involve replenishment of the topsoil.

Site construction

The construction of the units would be based on applicable international building standards.

Other building standards including the Building Code and the British Building Standards which

include BS 8110, BS 5950, BS4449, BS4461 will be incorporated. The constructions will as well

incorporate environmental guidelines, health and safety measures.

Implementation activities include the following: -

A) Site clearing and excavation of the foundations.

This entails removal of unwanted vegetation from the site and excavation of the projects’

foundations. The little vegetation on the site would be cleared to pave way for excavation

activities; the excavation of the site would not involve much machinery since the soil on site is

light and well drained.

B) Civil works: Civil works involves: -

Procurement of construction materials from approved dealers.

Transportation of construction materials to the site and disposal of the resulting flora waste using

light machinery.

Storage of the construction materials.

Laying and construction of the foundations.

Disposal of the existing debris/ materials.

C) Electrical works: Electrical works involve installation of the Power Distribution Box,

control panel, and all power supplying cables and equipments. All electrical works are done by

qualified electricians so as to avoid faulty connections which may later cause fire outbreaks and

short circuiting of the site equipments.

4.7 Description of the project’s operational activities

Once the construction of the station is completed, the facility will be used for such activities as

petrol supply, and storage. Activities associated with petrol station will automatically lead to

generation of wastes.

a) Foul Water Drainage and Sanitation

There shall be a well-maintained sanitary facility.


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b) Storm Water Drainage

The proposed development shall drain into an existing storm water drain along the road.

Wastewater drainage for the proposed development will consist both of drain and vent pipes.

These pipes also incorporate traps, galleys and other assorted fittings. The drain will discharge

into an open Council’s storm water drain along the road.

c) Solid Waste Disposal

Dustbin cubicles shall be provided within the proposed development with protection from

weather and stray animals as illustrated by the site plan annexed. These will provide storage for

solid waste before the Municipal Council and/or private contracted collect them for final

disposal.

d) Cleaning

The proponent and the users will be responsible for ensuring regular dredging and cleaning of

petrol station, the troughs, drainage channels and the compound in general.

e) General Repairs and Maintenance

The petrol station and associated facilities will be repaired and maintained regularly during the

operational phase of the project. Such activities will include repair of embankments, repairs and

maintenance of leaking pipes, maintenance of surroundings, and replacement of worn out

materials among others.

4.8 Size and Magnitude of the Project

The project will be retailing a small quantity of diesel and petrol owing to the tank capacities to

be installed. The underground tanks will be installed to dispense 20,000 litres of diesel and

20,000 litres of regular petrol. The station will have a dual pump.

4.9 The Project Schedule

The project is expected to start as soon as NEMA approvals have been obtained. From the start

date the construction and commissioning is estimated to take approximately 2 month. This is

however, subject to design conditions.

4.10 Estimated Project Cost

The project cost is estimated at Kshs. 2,500,000. (READ: Two Million, Five Hundred Thousand

Shillings Only) The cost will cover the construction and provision of services as determined in

the appended Bill of Quantity (BOQ)


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5.0 ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

This part includes impacts during implementation/construction phase, operation phase and

decommissioning phase on the following issues: soil degradation; air quality; noise; oil wastes;

water resources; solid and liquid waste management; drainage, terrestrial ecology, visual and

landscape; traffic; public comfort; OHS; and energy. Most of these key issues were identified

during the scoping exercise and are clearly elaborated as follows:

5.1 Positive Impacts

5.1.1 Employment creation

The proposed project will generate both direct and indirect employment. It will directly offer

jobs on temporary basis during the construction. About 4 persons are expected to be involved in

construction phase. In addition, on completion of the project four (4) persons will be employed

on permanent basis.

5.1.2 Local economy

As noted earlier in this report, energy plays a pivotal role in economic growth and development.

The establishment of the station in this area will serve to improve accessibility of petroleum

products to motorists thus boosting the economy.

5.2 Adverse impacts and mitigation

5.2.1 Surface water and drainage

The station will have an impervious surface thus reducing water infiltration into the ground. This

implies that surface runoff from the site will increase. The amount of runoff will increase slightly

due to lowered infiltration of rainwater into the soil. The surface water from the station is likely

to contain oils and greases if drainage system is not well designed. The design should ensure that

all water from the station where spills are anticipated passes through properly constructed oil

interceptor. If this is done, the impact of surface run-off on the environment will be minimized.

Mitigation measures

Compliance with Water Quality Regulations

Construction of adequate and efficient drainage system with inspection chambers

Construction of oil interceptor


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5.2.2 Environmental pollution

Table 1: Sources of environmental pollution

Source of Impact Mitigation

Vehicular emissions Ensure that the vehicles are switched off while at the

station.

The potential for the accumulation of emissions in the

premises is however very low since the station is well

aerated.

Oil spills Fit hoses with quick-acting leak-proof cock or with an

approved nozzle

Train and supervise employee to ensure minimal spillage

of fuel.

Wastewater Construct proper drainage system

Treatment of water through oil interceptors prior to

discharge into the environment

Should meet the effluent standards as per Water Quality

regulations (Amendment) 2012.

Leakages Use of approved fuel tanks and monitor fuel quantities to

detect leakages.

To prevent any leaks from getting into the environment,

the tanks should be properly treated. A layer of clay

should be used to encase the tanks during installation.

The underground tanks must satisfy the national

standards.

Noise The noise levels are not likely to exceed the minimum

standards. No measures are necessary except for the

switching off engines while at the station.

Should ensure that noise regulations 2009 are adhered

to.

5.2.3 Soil disturbance

Construction will mainly involve excavation and leveling of the ground. This will result in

disturbance of the soil profile and the associated microbial communities. The flat slope of the

land implies that no much leveling will be needed and thus reduced soil disturbances. The

underground tanks will require excavation of pits about 8ft deep. The soil will be used to cover

the tanks and in landscaping.


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Mitigation measures

Excavation be limited to construction area only

5.2.4 Soil Erosion

Soil movement is common in construction activities. This mostly happens during the laying of

foundations (earthworks) for the projects and site clearing. Most top loose material is excavated

and transported elsewhere. Comprehensive soil erosion measures are thus important during the

construction and operation phases:

Mitigation measures

Provision of soil conservation structures on erosion prone areas to control occurrence of

soil movement.

Avoid unnecessary movement of soil materials from the site.

Good management of the runoff/storm water to reduce its impact on loose soil.

Control construction activities especially during rainy / wet conditions.

Landscaping: Re-surface open areas after completion of the project and introduce

appropriate vegetation.

5.2.5 Impact on water resources

No source of water body is close to the project vicinity. The proximity of development projects

to surface water body or underground water are in most cases viewed as potential sources of

environmental pollutants which could degrade environmental quality. Proper measures are put in

place to ensure no kind of water contamination may be experienced by this development to

ensure minimized environmental pollution.

Mitigation measures

To minimize any anticipated negative impacts of the project on water resources, the following

recommendations are essential:

Monitoring of wastewater quality on regular basis

Ensure that the project does not encroach on any riparian reserve


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5.2.6 Increased water demand

Water is a major issue of concern in the area. The proposed project may cause some strain to the

existing water supply since construction activities are known to be heavy water consumers. The

project operation will increase water use which will have direct impact on water supply.

Mitigation Measures

Avoid excessive use of the water; Water use to follow approvals by the water department.

Roof catchments should be provided with rainwater harvesting systems (gutters, down

pipes and water storage facilities) to enhance collection and storage of the run-off. Such

water can be used in watering flower gardens, cleaning etc

Provide notices and information signs i.e. ‘keep/leave the tap closed’, etc. This will

awaken the civic consciousness with regard to water usage and management

Install water-conserving taps that turn-off automatically when water is not in use.

Encourage water reuse/recycling mostly during construction and operation phases.

5.2.7 Waste generation and management

Table 2: Waste Management

Nature of wastes Volume Disposal method Phase

Soil Moderate Use for leveling and landscaping Construction

Solid wastes (Papers,

containers)

Small Makueni County Council.

(establish a waste collection

point and acquire litter bins for

the premises

Operation

Wastewater from surface

Moderate Storm drain along the established

drainage ways (see appendix for

the plan)

To install oil-interceptor and

monitor quality of effluent

discharged into the environment

frequently

Operation

Emissions (from vehicles) “ Emitted directly into the air.

Ensure vehicles are switched off.

“


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5.2.8 Impact on vegetation

The site has grass covering; however there will be minimal interference of the biodiversity owing

to the small size of the site, approximately, 1,520 sq.ft, and excavation limited to a specific area

only. However, the construction will have to adhere with the Environmental Management and

Co-Ordination Act 1999.

5.2.9 Fire risk and control

Petroleum products present significant risk due to their inflammable nature. This implies that the

proponent must put adequate measures in place to prevent and control fire.

Mitigation measures

The compound should be kept clean and free from fire hazards and litter

Avoid naked fires (post notices to prohibit smoking within the station)

Electrical installation be carried out by a competent and licensed electrician

Install fire control appliances (portable fire extinguisher; both CO2, dry powder and

water type, and sand buckets) and employees should be adequately instructed periodically

in the use of the various fire appliances.

Conduct regular drills-once a year

Regular repair and maintenance program for all equipment

Implement leakage detection mechanism

Observe safety measures e.g. use of mobile phones, lighting

Full compliance with Fire Risk Reduction Rules, 2007

5.2.10 Health and safety

Exhaust emissions

Complete combustion of petrol produces mainly CO2 (13%), water (13%) and nitrogen (73%). A

very small portion of N is converted to Nitrogen oxides (NO) and some to nitrated hydrocarbons.

Incomplete combustion leads to production of Carbon monoxide (CO), Volatile Organic

Compounds (VOCs) fuel, nitrogen oxides, lead and thousands of compounds in both gas and

particulate phases. VOCs are hazardous to human health, for instance, long exposure to benzene

may lead to cancer (EHC, 2003). Nitrogen oxides cause irritation of respiratory track and may

exacerbate asthma and may damage blood vessels. Exposure to lead, leads to several

physiological disorders in man with the most sensitive parts being kidneys, blood and nervous

system. The emissions may also contaminate the environment including soil and water.


38

Mitigation measures

Since long exposure to vehicular emissions may result in irreversible effects on human health, it

is advisable that the proponent should ensure that:

Employees undergo regular medical check-ups (every six months)

Vehicles are switched off to minimize emissions

Proper aeration within the premises

Other safety measure that should be undertaken include:·

Provide protective clothing to employee

Install first aid facilities

Fire emergency response plan

In addition, during construction, the following measures must be undertaken:

Observe strict safety precautions during tank installation. These include provision of

personal protective equipment and clothing to the tank installation workers. The PPE

should include Overalls/Aprons, helmet, dust masks, wielding shield/goggles, earmuffs

(where necessary), and appropriate foot wear.

Supervision by competent engineers should be done throughout the project

implementation. The engineer must ensure that materials used for the work are up to

required standards, that proper mixing of element is adhered to, proper workmanship and

observation of building standards applicable to the project.

There should be provision of first aid facilities and emergency response plans during

construction.

5.2.11 Noise pollution

Noise is unwanted/undesirable sound that can affect job performance; safety, and health,

psychological effects of noise include annoyance and disruption of concentration. Physical

effects include loss of hearing, pain, nausea, and interference with communications when the

exposure is severe.

However, due to the small magnitude of the project; installation of one dual pump and tank,

construction activities at the site will not involve use of heavy machinery. The noise levels will

so much be minimal to cause any significant degradation of local environment. In addition, the

noise levels produced are not likely to exceed the background levels which will be for a short

time.


39

Mitigation measures

Workers should be provided with relevant PPE materials such as earmuffs and earplugs;

when operating noisy machinery and when in noisy environment. These provide a

physical barrier that reduces inner ear noise levels and prevent hearing loss from

occurring

Suppressors or silencers on equipment or noise shields for instance corrugated iron sheet

structures.

Machineries should be maintained regularly to reduce noise resulting from friction.

Provision of bill boards at the construction site gates notifying of the construction activity

and timings.

5. 3 Operation phase

On completion of the project the following should be adequately provided:

Fire extinguishers, hazards warnings, fire alarm, refuse collection chamber, mechanism for

regular cleaning of facility and any necessary measures as may be necessary to safeguard the

health and safety of the general public.

5.4 Decommissioning

Safety measures necessary during decommissioning (incase of demolition) are:

Use of proper equipment and tools

Supervision by competent engineers

Provision of adequate PPE to all demolition workers

Proper handling and disposal of debris

5.5 Working conditions

The need for good working conditions cannot be overemphasized. The proponent must ensure

that all laid down regulations are adhered to in accordance with the employment Act, and related

Labour laws in the country.

5.6 Public consultations

5.6.1 Source of Information


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One of the key information sources used during the EIA exercise was the consultative public

participation. This exercise was carried out on 3rd July, 2013 via administration of pre-designed

questionnaires and by interviewing neighbours surrounding the proposed project site.

The positive and negative views regarding the project were sought from the project site

neighbours and other stakeholders. The purpose for such interviews was to identify the positive

and negative impacts and subsequently promote and mitigate them respectively. It also helped in

identifying any other miscellaneous issues which may bring conflicts in case project

implementation proceeds as planned. The filled questionnaires and stakeholder participation list

are appended.

5.6.2 Issues Raised

The stakeholders consulted gave both positive and negative views, as well as suggestions for the

proponent to consider during construction and operation phases of the filling station project.

They approved the project to continue, as they do not have any objection to the exercise. The

questionnaires from various stakeholders were appended to the upgraded EIA project report

Reference No. 11,233.

Expected benefits of the project included:

1. Provision of employment and subsequent income during construction and operational phases

of the project;

2. Security of the surrounding area will be enhanced especially due to lighting;

3. Convenient supply of fuel especially kerosene to the local residents;

4. Convenient supply of other household goods and foodstuff;

5. The government will accrue revenue.

Suggested issues that the proponent should consider controlling:

1. Fire safety/ danger of explosions and possibility of loss of lives and property;

2. Noise and dust during construction and operational phases;

3. Potential possibility of oil spills;

4. Waste management and fumes and gases emission.


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6.0 FURTHER RECOMMENDED MITIGATION MEASURES

6.1 General Overview

The project is generally a positive development in terms of economic progress in the petroleum

sector. However, while the beneficial aspects are quickly realized, negative impacts from the

development should also be appreciated and necessary measures incorporated in the project

design, construction and eventually throughout its operation. The duty of achieving this,

therefore, lies with proponent, the Project Design Architects and Contractor as well as the

Operators and their Supervisors upon commissioning.

In view of the above, it is suggested that;

(i) Other ongoing activities at and around the site be evaluated with respect to the environment,

health and safety with a view to incorporating the proposed project and improvement of the

related infrastructure,

(ii) The project implementation does not cause unnecessary disruption to public utilities (e.g.

water supply, power supply, waste water treatment systems, water resources, road network, etc.)

and other land users in the area

(iii) Necessary technological considerations are taken into account to provide an acceptable

waste quality and disposal procedures to safe guard natural resources such as peoples health and

ground water sources,

Below are specific mitigation measures recommended for the significant environmental aspects

6.2 Planning and Design.

6.2.1 Planning

While planning for this development it will be necessary to consider the following basic aspects

(some already addressed in the project document) of environment;

1. The health of the workers and the neighboring communities is of key importance and

necessary mechanisms should be provided for this purpose. (see health and safety below),


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2. Safety for on-site installations and people as well as those in the neighboring communities

should also be considered in the project plans. This includes fire safety measures (see health and

safety below),

6.2.2 Design

The operation of the station is expected to;

(i) Integrate within the existing environmental infrastructure at site to facilitate sharing of

services and amenities (e.g. power, water, solid refuse collection and roads), safety arrangements

and waste management systems among others.

(ii) Minimize risks to health and impacts to external environment. Suitable anti-pollution

facilities (solid waste containment and organized removals) should be part of the design.

(iii) Take into account changing environmental practices, market demands and availability of

technology for flexibility on alternatives that do not have significant effects to the environment

6.3 Operations and Maintenance

6.3.1 Waste Generation

The Station in its day-to-day operations will generate various classes of waste, which include

solid, liquid and gaseous wastes.

Solid Waste

Solid waste which might be generated at the station includes empty oil cans, rags, as well as

empty water bottles. Others include biodegradable and non-biodegradable papers. This waste

should be collected and put in a disposal point.

Liquid Waste

The major generation of liquid waste at the station will be cleaning of the operation site as well

as run-off resulting during rainy days. This waste carries silt, sediment oil and grease.

The station management will put in place used oil waste collection point and a clear mode of

waste management generated from cleaning of the operation site, as well as run-off resulting

during rainy days. The oil interceptors will be put in place and periodic analysis will be carried


43

out to ensure no contamination occur as a result of the station’s activities. Also all the drainage

shall be covered with appropriate materials e.g. metal grills.

Storm drains and waste water collection systems including sewers and open drains should be

clearly shown on the designs. Monitoring points should also be fitted on the drains/sewers, for

this reason, specific design provisions should include;

i. Solid wastes (including garbage, papers, plastics and packaging materials, fats/oils) will be

generated. The design should therefore, provide for suitable solid waste collection receptacles at

strategic locations at the premises. An accessible area with a concrete slab should also be

provided for collection and storage of the various solid waste categories awaiting disposal.

ii. Surface run-off from open surfaces should NOT mix with the waste water. In this regard,

storm water drains should be provided to pass at safe distances from the proposed wastewater

treatment system.

Potential Mitigation Measures

Maintenance of drainage channels and oil interceptor tanks

Discourage or avoid disposal of oil contaminated water on the ground

Covering the whole operation area with concrete hardstand

6.3.2 Dust and Gaseous Emissions

The vehicles will be coming in and out and this may bring about dust. Emissions majorly arise

from automobiles. Sweeping the surface on the site will generate additional dust.

Odours may be experienced in operational phase. Bad smells may arise from spillages and liquid

wastes that are not cleaned up and uncollected trash that may accumulate on the site, including

used oils, and used rags from cleaning works.

Fumes originating from petrol tank and during refuelling as well as emissions from motor

vehicle exhaust systems. The levels and constitution of these pollutants will be being assessed

and 1 year monitoring exercise will be required to determine concentrations levels.

Air Pollutants from Incomplete Petrol Combustion may bring about contamination of air which

may affect the animals and plants.


44


To minimize air emissions, the following measures are suggested:

During operational phase, keep the forecourt clean; it should be regularly sprinkled with

water to minimize dusts generation i.e. always suppress dust by water-spraying before

sweeping.

The facility owner/ dealer should use unleaded gasoline and low sulphur diesel, which is

less polluting.

To avoid bad smells, spillages should be immediately cleaned up. An appropriately

designed container for waste collection should be provided on the site for temporarily

storage of uncollected trash. Prompt disposal of such material should be done.

Avoid open-air incineration of trash near the station.

Control over areas generating dust particles. Use water sprays and mists as dust

suppression measures

Workers should be encouraged to go for regular health check-ups to ascertain their health

standards.

Locate haul – roads, and stockpiles away from sensitive receptors; taking into account

prevailing wind directions

6.3.3 Oil Spills and Leaks

Surface spills and leaks are likely to happen during fuelling and tank filling activities thus

increasing risks of fire and ground contamination. The station drainage plan should ensure that

all spillage arising from the forecourt operations are well managed. Underground leakages from

the fuel tank present a specific problem, as this can lead to extensive contamination of

groundwater, leading to undesirable liabilities. Therefore flexible piping should be used thereby

reducing the number of joint works, which are potential weak areas of leakages. There should be

a daily bulk stock reconciliation to monitor any unusual variances, which could constitute

leakages.

Potential mitigation Measures

Additional measures to contain spillages such as oil-retention brooms be set up on the

facility;

Ensure incorporation of leak-detection mechanisms.

Develop a spill prevention and control plan to counter and manage emergencies that may

arise in the event of accidental spillages.


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6.3.4 Fire Preparedness

Fire outbreaks are natural disasters and are common in Kenya where they usually leave behind

detrimental effects to the environment. Fire incidences result to economic and social drawbacks.

There are operations that are prone to such outbreaks i.e. poor handling of electricity systems,

faulty electrical equipment, LPG handling, carelessness etc. It is therefore always important to

consider the issue of fire by bringing in the element of preparedness. In this regard, the design

should provide and recommend implementation of fundamental fire fighting measures and

control facilities. These should include the following:


Install an automatic fire alarm system for the entire project mostly on operation.

All fire control and fighting facilities to be installed following local council’s Fire

Masters requirements approval.

In addition to the above, the project management should consider the following.

Conduct regular fire fighting drills/simulations to sensitize workers.

Adapt an emergency response plan for the entire project during occupational phase.

Ensure that all fire fighting equipment are strategically positioned, regularly maintained

and serviced.

Provide fire hazard signs such as ‘No Smoking’ signs, Direction to exit in case of any fire

incidence and emergence contact numbers should be provided.

Provision of sand buckets and other suitable extinguishers

Sound handling of LPG. The LPG cylinders should be stored outside buildings and in

well ventilated structures. There shall be refilling of LPG cylinders on site

6.3.5 Environmental Health and Safety Management

Occupational health is a major consideration in the facility due to the nature of the products and

derivative wastes. These include the highly flammable liquid fuels and toxic used oils amongst

others. Used oils are also toxic and must be handled with care and provision of protective

clothing.

The following issues should be noted:

The first-aid box to be provided,

Hazardous materials to be stored separately from the rest, with appropriate hazard

warning signs posted on at their location

Good housekeeping practices to minimize incidents.


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Use proper techniques for removal of spilled toxic materials.

Develop a health and safety plan for the facility

6.3.6 Land, Soil Quality

The facility has insignificant impact on land quality though during operational phase proper care

and handling of the petroleum product will be important to ensure no soil contamination within

the site and its immediate environment.

6.3.7 Visual Intrusion

Visual impacts are likely to occur during earthworks for the foundation of the project. The visual

impact will however be contained within the site.

Mitigation Measures

Careful sitting, planning and design of the development to ensure that it is sympathetic to

its surroundings.

Refine acceleration and deceleration lanes to avoid obstructions and vehicle movement

along the Main road

On completing the earthworks, the excavated or disturbed areas should be restored

immediately; especially through backfilling and leveling.

All debris from construction site should be cleared on completion.

Compensation for the loss of landscape resources e.g. vegetation by replacing with an

equivalent resource e.g. planting exotic trees

6.3.8 Emergency Response Plan - ERP

The filling station ERP should be documented, employees provided with the requisite training

and annual drills conducted. A filling station ERP should typically contain information on the

following information and types of emergencies likely to be encountered:

Mitigation Measures

A emergency contacts telephone list

Emergency response notification instructions

Simple instructions on how to handle fires (on the forecourt and in the sales building),

product spills, LPG incidents, armed robbery, product contamination, etc.


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6.3.9 Equipment Maintenance

The filling station will have a sizeable inventory of equipment that will be purchased from

specialized vendors. Such equipment includes product pumps, a compressor, a stand-by power

generator, emergency stop switch etc.

Mitigation Measures

The proponent will need to be maintaining the equipment in order to avoid any incidents or

environmental degradation in accordance with the maintenance schedules indicated in the

manufacturer’s manuals as well as the Kenya statutory requirements (Weights and Measures

Department for product pumps and Factories Inspectorate for compressor air receivers).

6.3.10 Construction safety

Introduction

The following sections provide general guidelines and procedures for construction safety during

project implementation.

General Construction Guidelines

Construction work can be particularly hazardous. Personal protective equipment, fire safety,

electrical safety, and other precautions are essential for safe construction work.

Follow these guidelines when visiting or working at construction sites: Do not walk, stand, or

work under suspended loads. If you raise a load, be sure to crib, block, or otherwise secure the

load as soon as possible; avoid placing unusual strain on equipment or materials and; be prepared

for unexpected hazards. BE ALERT!

Barriers and Guards

Contractors and project managers should use barriers and guards as necessary to protect

employees, and visitors from physical hazards. If you suspect a hazard is not sufficiently

protected, notify the attending workers or the Environmental Health & Safety Office on site

immediately.

NOTE: Barriers, guards, and warning signs are required to ensure safety against existing hazards.

Types of Barriers and Guards

Physical barriers and solid separators (dust barriers, hazard barriers, temporary walkways, etc.)

NOTE: Signs that state DANGER, WARNING, or CAUTION are also important where barriers

or guards are necessary and; remember to make signs legible, visible, and brief.


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Areas that Need Barriers or Guards

Any area that poses a physical threat to workers and/or pedestrians requires barriers or guards.

Areas that typically require permanent or temporary protection include the following: Stairways,

Open Manholes, Elevated platforms, Areas with moving machinery, Excavation sites,

Construction sites, Temporary wall or floor openings and doors opening into construction


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7.0.0 PROJECT DECOMMISSIONING

On completing the construction works on the site, everything should be left in order. To achieve

this, the following should be accomplished. Landscaping of open areas should be done. Such

areas should be sealed from pits and other depressions and vegetation introduced; all waste

materials should be cleared and removed from the site. There should be no such materials as

wood, glass, stones, scrap metals etc. However, these should be disposed appropriately; general

rehabilitation of any excavated areas; quality vegetation should be introduced to add aesthetic

value to the site. This should be regularly watered; the structures should be cleared and rubbed of

any dust particles; all construction equipments and plants should be removed and the old ones

sold to the respective scrap materials handlers and; workers should be pre-warned just before

decommissioning and suitably compensated and recommended: to assist in seeking opportunities

elsewhere.

Information pertaining to the decommissioning of the project at the end of its life cycle and

associated impacts, proposed measure to return the site as far as possible to its former state, or

rehabilitation measures, sediment control measures has been elaborately provided in the EMP

below

7.1 Removal/replacement of fuel tank

Decommissioning phase of a fuel tank will include the following;

i. Contaminated metal must be steam-cleaned prior to disposal. Routing of effluent

dependant on contaminants.

ii. If any metal, including piping, have future value it may be moved, after cleaning, to a

storage area for redundant materials.

iii. Existing procedure for the disposal of metal to the scrap metal dealer will be followed

iv. On the day of excavation, the site engineer, contractor and environmental consultant

(contamination expert) must be present either as the tanks are being removed or

immediately afterwards.

v. The area to be excavated must be cordoned off with red danger tape and no smoking

signs displayed around the site.

vi. All fuel inside the tank must be removed and the tank degassed, with the site then

excavated to expose the tank. In order to ensure the tank is not damaged during

excavation especially in areas of limited space, a small backactor must be used or the area

must be manually excavated, with the removed soil stockpiled in a demarcated area on

site.


50

vii. All other electrical, storm water or water pipelines must be located prior to excavation to

ensure they are not damaged in the excavation process. All pipes and vents connected to

the tank must be disconnected and sealed before the tank is removed.

viii. If a leak is suspected, soil samples must be taken from a number of points in the

excavation as well as from the stockpiled soil. Water samples must also be taken if there

are free-standing pools in the excavated pit. Background soil and water samples must also

be taken off-site.

ix. The pit must be left open while the samples are sent to an appropriate laboratory for

analysis. Should the analysis indicate the soil to be contaminated, soil must be removed

from the pit until all of the contaminated material has been removed. Contaminated water

must be pumped out, collected and disposed of in an appropriate manner. Further soil

samples must be taken and sent for analysis with the process repeated until analysis

shows contamination to be within acceptable levels.

x. The contaminated soil must be stockpiled separately and remediation measures done on

site or removed to an appropriate landfill site.

xi. The removed tank will be loaded onto a flat-bed truck and taken to the contractor’s

storage yard or to a storage area designated by the proponent. The tank will be flushed to

remove any remaining residues with the flushed water either stored for future flushing or

processed to remove the fuel.

7.2 Description of the project’s decommissioning activities

Demolition works

Upon decommissioning, the project components including structures, paved areas, drainage

systems, and perimeter fence, a good amount of solid waste will be generated. The wastes should

be reused or if not reusable, disposed of appropriately by a licensed waste disposal company.

Dismantling of equipment and fixtures

All equipment including electrical installations, finishing fixtures partitions, among others will

be dismantled and removed from the site on decommissioning of the project. Priority will be

given to reuse of these equipment in other projects. This will be achieved through auctioning of

the equipment to other contractors or reused in another site.

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.


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8. 0 ENVIRONMENTAL MANAGEMENT PLAN FRAMEWORK

The environmental management plan involves risk management strategies that should be

undertaken by the project proponent to mitigate environmental degeneration. They are

approaches to monitor, control, reclaim and restore the environment back to its appropriate state.

EMPs for projects thus provide logical frameworks within which the identified issues of

environmental concern can be mitigated, monitored and evaluated.

Environmental monitoring involves measurement of relevant parameters, at a level of details

accurate enough, to distinguish the anticipated changes. Monitoring aims at determining the

effectiveness of actions to improve environmental quality.

The environmental management and monitoring plans have been developed and outlined to bring

home the key findings of the Environmental Impact Assessment of the project in mention,

recommending necessary mitigation actions, defining roles, verifiable indicators and the

estimated cost.

The EMPs outlined in tables hereafter address the potential negative impacts and mitigation

measures as well as roles, costs and verifiable indicators that can help to determine the

effectiveness of actions to upgrade the quality of environment; as regards the proposed project.

The EMPs have considered construction, operation and decommissioning phase.


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Environmental /Social

Impact

Proposed Mitigation Measures and

Monitoring Aspects

Responsibility Monitoring

Means/Plan/Indicator

Cost (Ksh)

(Construction/Operation Phase)

Air pollution 1. Spray water on excavated areas.

2. All bare areas should be

landscaped after installation..

3. Workers should be provided with

dust masks if working in sensitive

areas.

4. Regular maintenance of

construction plant and equipment.

5. Engage sensitive construction

workers.

Contractor Amount of dust produced.

Level of landscaping

10,000

Ecological

considerations (flora &

fauna)

1. The flora and fauna should be

restored after installation by

landscaping and maintaining the

introduced plants.

Proponent Natural ecology in areas

not in use

N/A

Changes in

Hydrology/impended

drainage

1. Proper installation of drainage

structures

2. Installation of cascades to break the

impact of water flowing in the

drains.

3. Ensure efficiency of drainage

structures through proper design

and maintenance.

4. Provide gratings to the drainage

channel.

5. Regular check on any sludge along

drainage channels.

6. Visual checks of oil interceptors

and drainage channels for any

leaks.

Contractor/Proponent Inspection and routine

maintenance.

20,000

Soil erosion 1. Leveling to reduce the impact of

erosion

Contractor Landscaped areas

Inspection and routine

N/A


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2. All bare areas should be well

landscaped after completion.

3. Compact loose soils.

4. Ensure management of excavation

activities

5. Control earthworks

6. Ensure proper disposal of

excavated loose soil.

7. Provide soil erosion control and

conservation structures where

necessary.

8. Landscaping

maintenance.

Solid waste

1. Excavation waste should be re-used

or backfilled.

2. The site should have waste

receptacles with bulk storage

facilities at convenient points to

prevent littering during occupation.

Management Presence of well

maintained receptacles and

central collection point.

N/A

Oil leaks and spills 1. Machinery should be well

maintained to prevent oil leaks.

2. Provide oil interceptors along the

drains leading from oil storage

areas and dispensing pump islands.

3. Maintenance of construction

vehicles should be carried out in

the contractor’s yard.

Contractor No oil spills and leaks on

the site

90,000

Noise Pollution 1. Maintain plant equipment

2. Restrict construction activities to

daytime

3. Provision of appropriate PPEs i.e.,

earplugs and earmuffs.

4. Appropriate selection of

machinery.

Contractor Inspection/observation 10,000

First Aid 1. A well stocked first aid kit shall be Management Contents of the first aid 10,000


54

maintained by a qualified personnel

Loss of vegetation 1. The flora and fauna should be

restored after construction by

landscaping and maintaining the

introduced plants.

2. Planting flowers/grassing should be

done just before the rains or

irrigated during dry spells.

Contractor/

Management

Landscaped lawns

N/A

Occupational Health &

Safety

1. Provide Personal Protective

Equipment

2. Train workers on personal safety

and how to handle equipments and

machine.

3. A well stocked first aid kit shall be


4. Report any accidents / incidences

and treat and compensate affected

workers

5. Provide sufficient and suitable

sanitary conveniences which

should be kept clean

Management Workers using Protective

Presence of Well stocked

First Aid Box

Separate and clean

washrooms (Gents &

Ladies)

50,000

Underground fuel storage and

handling

1. Use properly maintained hoses and

fittings.

2. Make the cement screeds in all the

chambers using water proof

material.

3. Install a monitoring well next to the

tanks to check on leaks.

4. Use water finding dipstick and/ or a

hydrometer to check on density/

specific gravity

5. Ensuring no spills during refilling

and / or when offloading the fuel

Contractor/

Management

No fuel / Oil spills 50,000


55

Fire preparedness

1. Fire fighting drills carried out

regularly.

2. Fire fighting emergency response

plan

3. Ensure all fire fighting equipment

is regularly maintained, serviced

and inspected.

4. Fire hazard signs and directions to

emergency exit, route to follow and

assembly point in case of any fire

incidence.

5. Adapt effective Emergency

Response Plan

Management Number of fire drills

carried.

Proof of inspection on fire

fighting equipment

Fire Signs put up in

strategic places.

Availability of fire

fighting equipment

50,000

Environment Health

and Safety preparedness

1. Train workers on personal safety

and disaster management

2. Conduct Annual Health and Safety

Audits

Management Copies of Annual Audit

Reports

20,000

Electricity usage 1. Erect a meter in the premises to

check on total kilowatts used and

for billing purposes

2. Apply for connection from Kenya

Power

3. Switch off light that are not in use

4. Use of energy conserving bulbs/

tubes

Contractor/

Management

Presence of an KPLC

meter

Electricity bills

Contamination of ground and

surface water (Oil spills)

1. Cleaning of the Oil Interceptor

2. Use special tool to do skimming

3. Install spill control kit next to the

interceptor during skimming

Management No oil spills hence no

ground water

contamination

Water quality & Waste

Management

1. Construct and monitor oil

interceptors.

2. Reduce waste at source, recycling,

and disposal of unrecyclable waste

in approved dumpsites. The


56

proponent should explore engaging

the services of a registered waste

handler

Waste water disposal

1. Conduct inspections for sewer pipe

blockages or effluent presence on

open drains

2. Waste water should drain through

the laid sewage pipes

3. Compliance to the Water Quality

Amendment Regulations 2012

Management Annual effluent discharge

license from NEMA.

30,000

(Decommissioning Phase)

Disturbed Physical

environment

1. Undertake a complete

environmental restoration

programme

2. Landscaping and introducing

appropriate vegetation

3. Implement an appropriate re

vegetation programme to restore

the site to its original status

4. During the re-vegetation period,

appropriate surface water run off

controls will be taken to prevent

surface erosion;

5. Monitoring and inspection of the

area for indications of erosion will

be conducted and appropriate

measures taken to correct any

occurrences;

6. Fencing and signs restricting

access will be posted to minimize

disturbance to newly-vegetated

areas;

7. Comprehensive landscaping

Management Environmental restoration 80,000


57

Fuel Tank 1. Ensure there is no spillage during

emptying and removing of the

underground tank

2. Any fuels removed from the tanks,

surrounding soil that maybe

contaminated must be disposed into

licensed dumpsites.

Contractor Empty and disused

tanks on site

10,000

Loss of income

Reduced ability to support

dependants

Loss of quality of life

Loss of benefits i.e.,

medical insurance cover

etc.

1. The safety of workers should

surpass as a priority of all other

objectives in the decommissioning

project

2. Adapt a project-completion policy:

identifying key issues to be

considered.


58

Occupational Health and

Safety

1. Demarcate area under demolition

with Danger Tapes to control access

2. Provision of Protective Equipment

3. A well stocked first aid kit shall be


Management

Presence of well-stocked

First Aid boxes and

protective equipments.

50,000

Scraps and other debris on

site

1. Use of integrated waste

management system i.e., through a

hierarchy of options

2. Waste generated as a result of

facility decommissioning activities

will be characterized in compliance

with standard waste management

procedures. Disposal locations will

be selected by the contractor based

on the properties of the particular

waste stream.

3. All building, machinery, equipment,

structures and tools that will not be

used for other purposes should be

removed and recycled/ reused say in

other projects.

4. Where recycling/re-use of the

machinery, equipment, implements,

structures, tools and other waste is

not possible, the materials should be

taken to an approved dumpsites.


59

9.0 CONCLUSION AND RECOMMENDATION

It is clear that the requirements of the TOR have been addressed through the literature review;

field study; description of baseline information; potential impact assessments and mitigation

measures; and environmental management and monitoring plan. The information obtained

adequately describes the salient ecological and socio-economic features of the study area and the

impacts of the proposed project.

The analysis of the EIA has evidenced that the implementation and operation phases of the

proposed filling station will have positive impacts to the area. These impacts will include

employment to local community members; increase in the Petroleum Dispensing Sites (PDSs);

increase in Government revenue; improvement of standards of the services due to increased

competition; improvement in security during the night due to the security lighting to be installed

at the site and general development of the area.

Although the proposed project will stimulate economic growth and create employment in the

area, there are environmental concerns that are associated with its implementation. The proposed

project will come up with some negative impacts such as increased pressure on existing

infrastructure, pollution/contamination (to Air, Water, soil) mostly during construction phase,

and increased waste (solid and liquid) generation among others. Hence the need to identify any

negative environmental impacts of the project, during the early stages of planning and design.

This strategy will ensure sustainable execution and protection of the environment from any

negative impacts as well as to enhance conservation of nature in a sensitive manner; and

guaranteeing a respectful and fair treatment of all people working on the project and general

public including motorists; without causing nuisance to the neighbourhood.

In order to alleviate the negative impacts that may emanate from the implementation of the

filling station project, the proposed mitigation measures will be incorporated during construction

and operation phases. This will ensure that environmental management strategies are

incorporated at every stage of the implementation phase and thus the perpetual co-existence of

the proposed project with the environment during operation phase.

It is thus my recommendation that the project be allowed to go ahead provided that the outlined

mitigation measures are adhered to. The key objective should be geared towards minimizing the

occurrence of impacts that have the potential to degrade the general environment. This will be

(effectively) overcome through close following and implementation of the recommended

Environmental Management and Monitoring Plans (EMPs). The project proponent shall work


60

closely with the environmental Experts including NEMA; the general public and the local

council to enhance the facilitation of the issues of concern.

Recommendations for the prevention and mitigation of potential impacts are as follows:

The potential contaminant source areas such as forecourt, pump islands, parking areas

will be properly paved to contain oil spills from impacting the environment. The

construction of the forecourt and parking areas will be done using reinforced concrete to

avoid seepage of any fugitive petroleum spills into the soil system as well as draining the

generated surface run-off into the oil/water interceptor.

The electrical system will be designed and installed in accordance with the hazardous

area classification of all electrical equipment used at a filling station.

An emergency power control switch will be strategically installed in order to facilitate

general power cut of the entire filling station in case of emergency.

Following the completion of the construction phase, measures will be undertaken to

restore the affected biodiversity through landscaping; i.e. planting of trees and grasses to

cover unpaved areas.

The local business community will be involved in decision making where possible in the

project implementation in order to minimize misunderstandings, cultivate goodwill and to

help in the smooth running of the project.

The surface drainage system should direct all potentially contaminated surface waters

from the filling station into an oil/water interceptor. The drainage and interceptor

maintenance will be carried out regularly, including cleaning the interceptors of foliage,

rubbish and grit.

Capacity building of the workers and staff; to create awareness towards potential risks

and recommended preventive measures through training. This will ensure that health and

safety measures are followed. Conducting regular drills on fire prevention and control

will be encouraged to ensure proper preparedness for fire avoidance, management and

control in the filling station.

An adequately stocked “First Aid Box” will be provided and the filling station employees

will be properly trained on how to administer first aid.

The contractor and the proponent will implement the proposed mitigation and monitoring

plan in order to protect the environment from any negative impacts.

Formal procedures will be put in place for energy saving to optimize energy use. The

staff will be encouraged to turn off unnecessary lights and not to leave water taps

running.

A complete fire fighting system should be provided after completion of the project. The

equipment is clearly provided in the design plan, and in the report. This should be


61

installed or provided at strategic points. The fire extinguishers will be serviced

accordingly i.e. after every six months to ensure effective and efficient performance when

required.

It should always be remembered that petrol filling stations once put into operation need to be

closely managed. This will ensure that the environment is always safeguarded. It is therefore

important that regular site assessments are conducted to provide early indication of leaks or

releases of product into the ground and available risks. If there is considered to be a very high

risk, a redevelopment should be considered. Other methods to be considered, which will point to

early indications of leaks, are;

There should be accurate records of stocks and sales.

Modern stock control systems are now available, associated with tank gauging systems,

which will provide an early warning when stock losses are outside acceptable parameters.

The project’s systems should be tested on a regular basis as they get older, to prove they

are sound. Testing of both tanks and lines should be by precision tightness methods.

Monitoring wells should be installed around the site to give an early indication of a

product release.

Diligence on the part of the contractor and proper supervision by the Supervising Foreman

during construction and the property manager during operational phase is fundamental for

mitigation of the issues of environmental concern. They should all adhere to the Environmental

Management Schemes (EMS) of the proposed project.


62

PROPOSED EMERGENCY RESPONSE PLAN

Proposed Emergency Response Plan

Item

No.

Aspect of Danger Response Plan Responsibility

1. Fire Use available fire extinguishers to fight the

fire

Call the Police 999

Call Makueni Fire Brigade

Call Station operator /Proprietor

Workers to assemble at the Fire Assembly

Point

Personnel on duty

2. Major Oil Spills Call the Police 999

Makueni Fire Brigade

Call Station operator / Proprietor

Report incidence to NEMA via NEMA

Hotline 0206006041 within 24hrs

Personnel on duty

3. Serious Injury/ Loss of

life

Apply first Aid

Call the Police 999

Call for Ambulance Services


Personnel on duty

4. Theft/ Robbery Call the Police 999

Contact Private Security Provider concerned


Personnel on duty


63

10.0 REFERENCES

1) The Making of a Framework Environmental Law in Kenya, by ACTS press, UNEP-

ACTS, 2001

2) Environmental Assessment Sourcebook Volume I (Policies, procedures, and cross-

sectoral issues), Volume II (sectoral guidelines) Volume III (guidelines for

Environmental assessment of energy and industry projects) by, World Bank, Washington,

1991

3) Makueni District Development Plan

4) E.A.L Gevaerts Technical Report No. 1. September 1964, Hydrological Outlines of

Ground Water Occurrences in Nairobi Area and its Immediate Environs, Nairobi

5) World Bank, 1991; Environmental Assessment Sourcebook Volume I (Policies,

Procedures, and Cross-Sectoral Issues), Volume II (Sectoral Guidelines) Volume III

(Guidelines for Environmental Assessment of Energy and Industry Projects), Washington

6) Sombroek W. G., Braun H. M. M. and Van der Pouw B. J. A., 1982, Exploratory Soil

Map and Agro-Climate Zone Map of Kenya, Nairobi

7) Kenya gazette supplement Acts 2000, Environmental Management and Coordination

Act No. 8 of 1999. Government Printer, in Nairobi

8) Kenya gazette supplement Acts, Physical Planning Act, 1999. Government Printer,

Nairobi.

9) Kenya gazette supplement No. 56. Environmental Impact Assessment and Audit

Regulations 2003. Government printer, Nairobi

10) Kenya gazette supplement Acts Local Authority Act (cap 265). Government printer,

Nairobi

11) United Nations, 2000, Millennium Development Goals

Documents

PROPOSED CONSTRUCTION OF A FILLING STATION ON PLOT …