KEPA CONTROL OF WATER POLLUTION SOURCES [REGULATIONS NO. 2 OF 2009]

Published by Law Nigeria Admin at 22nd May 2019

LAWS OF KADUNA STATE

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KADUNA STATE GOVERNMENT

KEPA CONTROL OF WATER POLLUTION SOURCES [REGULATIONS NO. 2 OF 2009]

KADUNA STATE ENVIRONMENTAL PROTECTION AUTHORITY, KEPA

KADUNA STATE ENVIRONMENTAL PROTECTION AUTHORITY CONTROL OF WATER POLLUTION SOURCES REGULATIONS NO. 2 OF 2009

Commencement: 1ST JANUARY, 2009

In exercise of the powers conferred upon the Authority by Section 5(2) of Kaduna State Environment Protection Edict No. 1 of 1994, and of all other powers enabling me on that behalf, I Mal. Ibrahim Garba. Hussaini hereby make the following Regulations: –

(i) No person, corporate body or unincorporated, or Authority including Government Agencies shall construct any type of well or borehole, in any premises without first obtaining a written permit granted by the Local Authority where the well is to be constructed.

(ii) Local Authority in the State shall not grant such permit until the following requirements are met, that is: –

(a) The well or borehole shall be sited at least 15 meters (uphill) from potential source of pollution such as pit latrine, septic tank or soak away pit.

(b) The well shall have a watertight lining for at least 3 meters from the surface.

(d) A water tight cover shall be provided for the well. (e)A permanent bucket for drawing water shall be anchored to the well, or a pump shall be provided.

(i) It shall be the duty of every Local Authority to protect all springs in its locality which are used for drawing waster for domestic use.

(ii) Every Local Authority shall ensure that such springs are protected through the following measures, that is: –

(a) Building a watertight dam around the eye of the spring so that water accumulates in a reservoir.

(b) The well of the dam shall be constructed with any of the following materials.

(i)Concrete;

(ii)Cement;

(iii)Stones.

(c) A 2 inches galvanized iron pipe shall be fixed 2 feet above the bottom of the wall of the dam which shall serve as an outlet pipe to be used for drawing water.

(d) A 6 inches overflow pipe shall be fixed 1 foot above the outlet pipe and laid down several feet away from the dam in order to carry away any over flow of water in the dam.

(e) The surrounding area of the dam shall be made water tight and provided with sufficient drains to carry away waste water.

(f) The whole area shall be protected by a good fence in which the only opening shall be in the direction in which it is desired that the traffic shall be passing.

(i) It shall be the duty of every owner of any premises in the State to provide a latrine or make adequate provision for the collection of human excreta in the premises.

(ii) The owner of every premises, shall before embarking on the construction of such latrine, obtain a written permit from the Local Authority where he intends to construct the latrine.

It shall be the duty of every Local Authority to ensure that the following requirements are met by the owners of premise before granting a permit for the construction of latrines, septic tank or soak away pit. That is: –

(a) It shall be sited at least 15 meters downhill from any potential source of water supply.

(b) The depth of the pit shall not be less than 15 feet in order to prevent contamination of underground soil. (c) The latrine shall be provided with tight fitting cover to prevent unpleasant odour and inaccessibility to flies.

It shall be the duty of occupiers of any premises to regularly maintain any latrine, soak away pit, septic tank, or water carriage system of latrine and keep latrines in clean and good condition.

(i) It shall be the duty of every local Authority in the State to provide public latrines in each of the following areas, that is: –

(a) Motor parks;

(b) Markets;

(d) Any other place where people gather in large number.

(ii) It shall be the duty of the Local Authorities to regularly maintain such public latrines and clean it in such a condition as not to be injurious to health.

No person or corporate body shall embark, construct, or authorize the operation of the following without first obtaining a written permission from the Authority, that is: –

(a) Public Latrines;

(b) Composting or indoor process;

No person, Authority or Corporate body shall establish, operate, maintain or authorize the construction of the following without first obtaining a permit from the State Environmental Protection Authority, that is: –

(a) Sewers or Sewage treatment plants;

(b) Construction of dam or reservoirs;

(d) Cess-pools;

(e) Disinfection of any source of water supply;

(f) Wells and boreholes.

(i) It shall be the duty of every Local Authority in the State to protect their rivers and streams from any likely source of pollution.

(ii) The Local Authorities shall ensure that their rivers and streams are protected in the following ways that is: –

(a) Dividing the river or stream into sections and the upper section shall only be sued for drawing of water for drinking;

(b) The Section used for drinking shall be fenced and the only opening shall be in the direction in which it is desired that the traffic shall pass.

(d) The last section of the downstream may be reserved as a drinking place for animals; (e)The vegetation near the river banks shall be protected;

(f) Protect the flora and fauna from being destroyed by human activities – industrial discharge and the use of chemicals for fishing.

No Person shall

(i) Cause threaten or allow the discharge of refuse or waste of whatever description or any contaminant into any water body or water course in any part of the State so as to cause or tend to cause water pollution, whether alone or in combination with water from other sources.

(ii) Deposit any contaminant or pollutant in or on land or in such a place and manner as to cause water pollution in any part of the State.

No person shall:

(i) Bury or attempt to bury a corpse in any premises in the State, without a permit from a Local Authority, except a cemetery or burial ground approved by a Local Authority.

(ii) Operate and maintain a cemetery or burial ground without a permit from the Local Authority where he intends to operate.

It shall be the duty of the Local Authority to remove and bury any dead body left or abandoned on a highway or any other place.

No person or Authority shall discharge used water from any premises into any water body or water course unless such water has undergone prior treatment.

No person or Authority including Government Agencies shall embark or authorize the construction of any public water supply installations, without first submitting such plan to the Authority, and the said plan shall be accompanied with supplementary information as may be required by the Authority.

(i) Owners of public and private water supply sources shall be responsible for maintaining the following water quality standard for any water supplied to the public, that is: –

(a) The maximum allowable concentration of chemicals in water shall be as follows: –

Chemicals PPM or MG Per Litre

(i) Nitrate 45.0

(ii) Fluoride 1.5

(iii)Arsenic 0.2

(iv)Lead 0.1

(v) Selenium 0.05

(vi)Chromium (Hexavelent) 0.05

(vii) Cyannide 0.01

(b) The maximum allowable concentration of Coliform organisms in any water supplied to public shall be less than (5) five Coliforms per 100ml.

(ii) The Authority may from time to time change the water quality standards that owners of public water supply shall maintain.

(i) It shall be the duty of owners of public and private water supply in the State to take water samples from at least four different water points in different directions every month, and examine such samples for chemicals and bacteriological analysis.

Any authorized officer from the Authority may enter any premises at all reasonable hours for the purpose of taking water samples and examining it for physical, chemicals and bacteriological analysis.

The Authority may authorize any officer to disinfect any water that is contaminated or suspected to be polluted anywhere in the State.

Any officer may be authorized by the Authority or Local Authorities in the State to enforce the relevant provisions of these regulations.

No persons or Authority shall embark on any development within 60 metres on either side of any river or watershed and 45 metres from minor streams and watershed.

Any person, Authority, Corporate body or unincorporated including Government Agencies or their representatives who fail to comply with any of the provisions of these regulations shall be guilty of an offence and on conviction, in the case of an individual to a fine of not more than N100,000.00 or not more than five years imprisonment and in the case of a Firm, Corporation or/Authority to a fine not less than N100,000.00 and not more than N1,000,000.00.

These Regulations may be cited as Kaduna State Environmental Protection Authority, Control of Water Pollution Sources Regulations 2009. MADE at Kaduna this 1st Day of January, 2009 Mal. Ibrahim Garba Hussaini General Manager Kaduna State Environmental Protection Authority.