Delta State Environmental Protection Agency Law

DELTA STATE ENVIRONMENTAL PROTECTION AGENCY LAW

1. Citation. This Law may be cited as the Delta State Environmental Protection Agency Law.

2. Interpretation. In this Law- "Agency" means Delta State Environmental Protection Agency established under section 3 (1) of this Law; "Appointed Day" means the day this Law comes into force; "Appropriate Agency" means any government Agency which has jurisdiction over the land or water or air space affected by the pollution or any government Agency which ordinarily has jurisdiction over the operation which led to the pollution; "Authorised Officer" means any employee of the Agency, a police officer not below the rank of an inspector of police or any customs officer; "Committee" means the State Technical Advisory Committee; "Council" means the Governing Council of the Agency; "Disposal" includes the land-based disposal or dumping in waters or airspace of Delta State; "Effluent limitation" means any restriction established by the Agency on quantities, rates and concentration of chemical, physical, biological or other constituents which are discharged from point sources into the rivers of Delta State; "Environment" includes water, air, land and all plants and human beings or animals living therein and the inter-relationships which exist among these or any of them in the State; "Environmental Sanitation Days" includes the second and last Saturdays of every month and any other day so designated; "Governor" means the Governor of the State; "Hazardous Substance" includes any substance designated as such by order published in the State Gazette; "Law" includes Laws promulgated by the State Government and those applicable, to Delta State; "Manager" means the General Manager of the Agency; "Member" includes any person appointed into the Governing Council of the Agency or State Advisory Technical Committee on Environment as the case may be; "New Source" means any source, the construction of which is commenced after the publication of any regulations prescribing a standard of performance under this Law, which is applicable to such source; "Offshore Facility" means any facility of any kind located over, in or under any of the waters of the State; "On Shore Facility" means any facility, including but not limited to motor vehicles and rolling stock of any kind located over, in on or under any land within the State other than submerged land; "Owner" includes operator and- (a) in the case of a vessel, any person owning, operating or chartering by demise such vessel; (b) in the case of an onshore facility or any offshore facility, any person owning or operating such onshore or offshore facility; and (c) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment; "Point Source" means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft from which pollution are or may be discharged; "Pollutant" means any chemical, physical or biological material capable of polluting the environment; "Pollution" includes man-made or man-aided alteration of chemical, physical or biological quality of the environment to the extent that is detrimental to that environment or beyond acceptable limits; "Property" includes buildings and appurtenances; stores, materials, investments, funds, loans and accounts receivable, claims and liens of the Agency; "Removal" means removal of hazardous substances or pollutant from waters of the State, including shorelines or the taking of such other action as may be necessary to minimise or mitigate damage to the public health or welfare, ecology and natural resources of the State; "State" means Delta State of Nigeria; "Waste" means any substance, gas or matter that contaminate, pollutes, adversely interferes with the environment either alone or in combination with others when brought into contact and includes escapes from its usual place in whatever manner of any such substance, gas or matter; "Water of Delta State" means all water resources in any form, including atmospheric, surface and subsurface, and underground water resources lying and situate in any area under the jurisdiction of the State.

3. Establishment of Agency. (1) There is hereby established, for the State a body to be known as the Delta State Environmental Protection Agency. (2) The Agency shall be a body corporate with perpetual succession and a common seal, and shall sue and be sued in its corporate name, with power to acquire, hold, and dispose of movable and immovable property for and in connection with its functions under this Law.

4. Establishment and membership of the Agency, Governing Council and State Committee on Environment. (1) The Agency shall have- (a) a governing council which shall be the State Advisory Council; and (b) a State Technical Advisory Committee on Environment which shall be responsible to the Governing Council of the Agency. (2) The Governing Council of the Agency shall consist of the following members- (a) The Deputy Governor shall be the Chairman and where there is no Deputy Governor, the special adviser on petroleum and pollution matters shall be the Chairman; (b) The Commissioners responsible for- (i) Agricultural and Natural Resources; (ii) Commerce and Industries; (iii) Education; (iv) Finance and Economic Planning; (v) Health; (vi) Justice; (vii) Works and Transport; (viii) Social Development, Youths and Sports; (ix) Directorate of Lands and Surveys; (x) Directorate of Petroleum and Mineral Resources. (c) The Chairman of the Technical Committee established by subsection (5) of this section; (d) Four eminent scientists of Delta State origin who have distinguished themselves in environmental matters, all of whom shall be appointed by the Governor. (3) Where any- (a) Commissioner is unable to attend any meeting of the governing Council, the Permanent Secretary in the Ministry concerned shall represent him at the meeting; and (b) where there is no Commissioner holding any of the port folios referred to in subsection 2(b) of this section, the Special Adviser or the Permanent Secretary, as the case may be, responsible for the portfolio shall be a member of the governing council and shall attend its meetings. (4) The General Manager of the Agency shall be the Secretary to the Governing Council. (5) The State Technical Advisory Committee on Environment shall consist of the following members- (a) a chairman who shall be the General Manager of the Agency; (b) representatives of the following environmental related Ministries or Departments not below the rank of a Director- (i) Agricultural and Natural Resources; (ii) Commerce and Industry; (iii) Finance; (iv) Health; (v) Justice; (vi) Works and Transport; (vii) Lands and Surveys. (c) Three environmental scientists who shall be appointed by the Governor on the basis of their expertise selected from tertiary institutions, and non-governmental organisations; (d) A representative of the Department of Women Affairs; (e) A representative of the Federal Environmental Protection Agency; and (f) Such other Government agencies or non-governmental organisations as may be considered necessary from time to time.

5. Functions of the Committee. (1) The functions of the Committee shall be- (a) to identify and evaluate technically, the environmental and ecological problems requiring solution and recommend same, to the Governing Council through the Agency who shall communicate same to the National Council on Environment or the Governor for necessary action; (b) to assist and advise the Council and the Agency in the performance of their functions under this Law; (c) to give technical opinion on such issues as the Council may from time to time refer or delegate to it.

6. Tenure of office. (1) Subject to subsection (4) of this section the members of the Council and Committee shall be part-time members and shall hold office for a term of three years from the date of their appointment and shall be eligible for re-appointment for a further term of three years. (2) A non-officio member of either the Council or Committee may resign his appointment at any time by notice in writing under his hand addressed to the Governor. (3) A non-officio member shall be paid such remuneration and such allowances as the Governor may from time to time determine. (4) The office of a member shall become vacant if- (a) he dies; (b) he resigns his appointment of the Council or Committee as the case may be; (c) he is removed from office by the Governor for any misconduct or any other cause; (d) he is convicted for any criminal offence; and (e) he is unable to discharge the functions of his office. (5) Where any member of the Council or Committee is temporarily incapacitated by illness or temporarily absent from Nigeria, the Governor may appoint any person to hold temporarily the office held by such person incapacitated or absent and all such powers and duties of such a member under this Law shall devolve upon the person so temporarily appointed.

7. Functions of the Agency. (1) The Agency shall have responsibility for the protection and development of the environment in general and environmental technology, including initiation of policy in relation to environmental research and technology, planning, design and construction of ecological and environmental facilities; (2) Without prejudice to the generality of subsection (1) of this section, the Agency shall- (a) advise the Governor on environmental policies and priorities and on scientific and technology activities affecting the environment; (b) prepare and update a State environment action plan to improve the quality of the environment; (c) implement the State environment action plan; (d) monitor the state of the environment and prepare an annual state of the Environment Report for the State and for transmission to the Secretariat of the National Council on Environment in December of each year; (e) liaise routinely and ensure effective harmonisation with the Federal Environmental Protection Agency in order to achieve the national policy on the environment; (f) co-operate with the Federal Environmental Protection Agency and other relevant national directorates or agencies in the promotion of environmental education in the citizenry; (g) be responsible for monitoring compliance with waste management standards; (h) be responsible for general environmental matters in the State including the negative effects of soil degradation due to flooding and erosion, mineral and oil exploitation and exploration, deforestation, physical planning including, amusement parks, gardens and beautification programmes, sewerage matters, water quality and water pollution control; (i) in co-operation with the National Environmental Protection Agency, develop the institutional and human capacity for environmental pollution control; (j) monitor the implementation of the Environmental Impact Assessment (EIA), the Environmental Audit Report (EAR) guidelines and procedures on all development policies and project relating to environmental protection within the State; (k) co-operate with local government councils, statutory bodies and research agencies on matters and facilities relating to environmental protection, particularly in the management of wastes; (l) establish and implement the numerous strategies of the national policy on the environment towards achieving sustainable development; (m) clarify and reinforce the role of local and State administrations in the management of wastes and other forms of pollution; (n) mobilise the inhabitants of all areas in the State for the effective observation of environmental rules and guidelines for the promotion of healthy and safe environment; (o) Implement applicable existing laws on activities relating to the environment; and (p) carry out such other activities as are necessary or expedient for the discharge of the functions of the Agency.

8. Powers of the Agency. In carrying out its functions under this Law, the Agency shall have power to- (a) make grants to suitable authorities and bodies with similar functions for demonstration and for such other purposes as may be deemed appropriate to further the purposes and provisions of this Law; (b) collect and make available, through publications and other appropriate means and in co-operation with public or private organisations, basic scientific data and other information on pollution and environmental protection matters; (c) enter into contracts with public or private organisations and individuals for the purpose of executing and fulfilling its functions and responsibilities pursuant to this Law; (d) establish, encourage and promote training programme for its staff and other appropriate individuals from public or private organisations; (e) enter into agreements with public or private organisations and individuals to develop, utilise, coordinate and share environmental monitoring programmes, research effects, basic data on chemical, physical and biological effects of various activities on the environment and other environmentally related activities as are appropriate; (f) issue effluent discharge permits annually to industries, and users of generating plants, upon demand and collection of effluent discharge fees as specified in the Schedule to this Law; (g) establish such environmental criteria, guidelines, specifications or standards for the protection of the State's air, land and intra-state waters as may be necessary to protect the health and welfare of the population from environmental degradation; (h) establish such procedures for industrial or agricultural activities in order to minimize damages to the environment from such activities; (i) maintain a programme of technical assistance to bodies (public or private)concerning implementation of environmental criteria guideline, regulation and standards and monitoring enforcement of the regulations and standards thereof; (j) develop and promote such processes, methods, devises and materials as maybe useful or incidental in carrying out the purposes and provisions of this Law; (k) prepare such master plans as may be necessary for the development and maintenance of these undertakings; (l) design, construct and maintain all flood and erosion control, sewerage solid waste facilities, laboratories, recreational and amusement parks, botanical gardens, building and works necessary for the discharge of its functions under this Law; (m) establish and run, wholly or in co-operation with Local Government Councils Environmental Sanitation and Waste Disposal Task Force; (n) invest money standing to its credit, and not for the time being required for other purposes under this Law, in stocks, shares, debentures or other securities whatsoever approved by the Governor and to sell such stocks, shares, debentures or other securities; and (o) insure its property against all forms of risks.

9. Powers of the Agency to give Directions on policy matters. (1) The Governor may give to the Agency any special directives the policy to be followed in the exercise or performance of its functions and the Agency shall comply with and give such directions. (2) The Agency shall furnish the Governor with- (a) annual report incorporating information relating to the assets and liabilities and functions of the Agency; (b) returns, accounts, minutes of meeting, and other information relating thereto; and (c) facilities for the verification of information furnished in such manner and at such times as he may require.

10. Power to accept gifts, etc. (1) Subject to subsection (2) of this section the Agency may accept gifts of land, money, books or other property upon such terms and conditions as may be specified by the person making the gift. (2) The Agency shall not accept any gift if the conditions attached thereto by the person making the gift are inconsistent with the functions of the Agency.

11. Proceedings and meetings. (1) The Governing Council shall meet at least once in a quarter and at such other times as may be expedient for the transaction of business and such meetings shall be held at such place and time and on such days as the Council may determine. (2) Every meeting of the Council shall be presided over by the Chairman or in his absence the members present at the meeting shall elect one of their members to preside at the meeting. (3) The quorum at a meeting of the Council shall consist of the Chairman, or in an appropriate case the person presiding at the meeting pursuant to subsection (2) of this section, and six members. (4) The validity of any proceedings of the Agency shall not be affected by any vacancy among the members or any defect in the appointment of a member. (5) Subject to this Law and section 26 of the Interpretation Act, 1964 which provides for decisions of a statutory body to be taken by a majority of its members and for the person presiding to have a second or casting vote the Agency may make standing orders regulating the proceedings of the Agency or any committee thereof. (6) Where, upon any special occasion, the Agency desires to obtain the advice of any person on any particular matter, the Agency may co-opt that person to be a member for as many meetings as may be necessary, and that person while so co-opted shall have the rights and privileges of such a member except that he shall not be entitled to vote.

12. Standing and ad hoc committees. (1) Subject to its standing orders, the Agency may appoint such number of standing or ad hoc committees it thinks fit to consider and report on any matter with which the Agency is concerned. (2) Every committee appointed under the foregoing provisions of this section shall be presided over by a member of the Agency and shall be made up of other persons, not necessarily officers of the Agency. (3) The quorum of any committee set up by the Agency shall be as determined by the Agency. (4) Where standing orders made pursuant to section 11 (5) provide for a committee of the Agency to consist of co-opted persons who are not officers of the Agency, the committee may advise the Agency on any matter referred to it by the Agency and the members thereof may attend any meeting of the Agency for that purpose.

13. Transfer to the Agency of flood or erosion control facilities of the Government, and assets and liabilities appertaining (1) All facilities which are used or have been constructed by or on behalf of the Government, for flood or erosion control and are the property of the Government immediately before the appointed day, shall be held in custody of the Agency by virtue of this Law and without further assurance, and such custody shall extend to the whole transferred facilities including all lands, work and other property, assets, powers, rights and privileges appertaining thereto or enjoyed in connection therewith. (2) All liabilities and obligations of the Government in respect of any transferred facilities falling due or to be discharged on or after the appointed day shall as from that date, become the liabilities and obligations of the Agency; Provided that the Agency shall not be liable or obliged to repay to the Government any loan or part thereof made before the appointed day by the Government to any contractor for the construction or otherwise in respect of any transferred facilities. (3) Every deed, bond, agreement, instrument or working arrangements to which the Government was a party for the construction or otherwise in respect of any transferred facilities, shall subject to the provisions of this section and unless the circumstances otherwise require, have effect as from the appointed day as if- (a) the Agency has been a party thereto; (b) for any reference to the Government therein, there were substituted as respects any thing failing to be done on or after the appointed day a reference to the Agency. (4) Where, by the operation of any of the foregoing provisions of this section, any facilities, lands, works, or other property, assets, power, rights and privileges, are vested in the Agency, the Agency shall, as from the appointed day, exercise the same rights, powers and remedies (and in particular the same rights and powers as to the taking and resisting of legal proceedings) for ascertaining, perfecting, protecting or enforcing, as the circumstances may require such facilities, lands, works or other property, assets, powers, rights or privileges of the Agency and any legal proceedings by or against the Government pending on the appointed day in respect of the same shall be continued by or against the Agency. (5) It shall be the duty of the appropriate authority to prepare and deliver to the Agency such particulars as the Agency may require in respect of such facilities, including lands, works or other property, assets, powers, right, or privilege vested in the Agency by the provisions of this section. (6) Nothing in this section shall be construed as purporting to derogate from the provisions of any Act of the National Assembly relating to the transfer or vesting of any class of property right or liability, and such measures as are necessary in accordance with these provisions shall be taken to ensure the vesting of such property, right and liabilities in the Agency either on the appointed day or as soon as may be thereafter and upon such vesting the provisions of this section related to the consequence of the vesting of property rights and liabilities shall have effect accordingly.

14. Funds and resources. (1) The Agency shall establish and maintain a fund from which there shall be defrayed all expenses incurred by the Agency. (2) The funds and resources of the Agency shall consist of- (a) all sums, investment or other property whatsoever held in the custody of the Agency by the provisions of section 13 hereof; (b) such sums or other property whatsoever as may from time to time be advanced by way of loans or grant in-aid to the Agency by the State Government, or statutory corporations in the State, the Government of the Federation or of another State, any international organisation, any private foundation or any person whatever within and outside the country, testamentary dispositions and sales of publications; (c) money earned or arising from investments or other property whatsoever acquired by or vested in the Agency; (d) all other sums (subscriptions, fees, charges, for services rendered by the Agency) or other property whatsoever which may in any manner become payable to or vested in the Agency in respect of the powers and duties and incidental thereto under this Law or by virtue of the provisions of any other Law.

15. Borrowing. (1) Subject to subsection (2) of this section, the Agency may borrow, by way of loan or overdraft from any source any sums of money as it may require for the exercise of its functions under this Law. (2) The power of the Agency to borrow money under sub-section (1) of this section, shall be to the limit of N20,000.00 and over this amount the approval of the Governor shall be obtained. (3) The Agency may invest all or any of its funds and surplus funds in such securities as may be permitted by this Law, with the like consent or general authority.

16. Guarantee by the government of loans to the Agency. (1) The Government shall guarantee in such manner and on such conditions the loan borrowed by the Agency with the approval of the Governor. (2) In the event of the Agency being unable to repay, the loan due shall be chargeable to the consolidated revenue fund of the State.

17. General Manager. (1) There shall be, appointed by the Governor a General Manager who shall be the Chief Executive of the Agency. (2) The General Manager shall be a scientist or any other person with environment related discipline with a minimum of 10 years post-graduation experience in the relevant areas. (3) Subject to the provisions of this Law and the general control of the Council on matters of policy, the General Manager shall be charged with the responsibility of the day to day running of business of the Agency and its administration and organisation and control of all employees of the Agency.

18. Power of the Agency to establish and maintain departments, etc. (1) The Agency shall have power to establish and maintain such major departments, subsidiary divisions, sections, branches and field offices and make all other administrative arrangements as may in its opinion be necessary or expedient for the performance of its functions. (2) Without prejudice to sub-section (2) of section 17 there is established the following Departments of the Agency for the effective and efficient performance of its functions- (a) Finance and Administration; (b) Planning, Monitoring and Evaluation; (c) Natural Resources Management; (d) Waste Pollution Management; and (e) Legal Services. (3) Each Department is to be headed by an Assistant General Manager except the Finance Department which shall be of the same rank with an Assistant General Manager but shall be called Financial Controller. (4) (i) There shall be a Management Committee comprising the General Manager who shall be the Chairman and all departmental heads. (ii) The Management Committee shall have ultimate responsibility for the day to day running of the business of the Agency. (5) The Agency may appoint such other persons to be employee of the Agency as it may deem fit and shall have power to recruit, promote and discipline staff of the Agency. (6) The remuneration and tenure of office of employees (other than the General Manager) shall be determined by the Agency. (7) The Agency shall have the power to make staff regulations governing conditions of service of its employees.

19. Removal of the General Manager. The removal of the General Manager shall be made by the Governor upon the recommendation of the Chairman of the Governing Council of the Agency.

20. Secondment, deployment and transfer of state government and local government council employees. The Agency may subject to the provisions of this section, employ, deploy or second such officers from the public service of the State or the service of any local government council with the agreement of such officer in accordance with the procedure applicable in respect of the secondment or deployment of officers of the public service of the State or in the service of local government councils.

21. Pensions Act. Service in the Agency shall be public service for the Purposes of the Pensions Act and accordingly officers and other staff of the Agency shall in respect of their services be entitled to such pensions, gratuities and other retirement benefits as are prescribed under the Pensions Act. [LFN 1990, Cap. 346]

22. Power of the General Manager. The General Manager shall, subject to the policies laid down by the power of the Agency, develop programmes to carry out the purposes and provisions, of this Law and, without prejudice to the generality of the foregoing shall, in particular and in consultation with the Chairman- (a) implement the Agency’s decision and programme; (b) prepare annual budget and work plan; (c) award contracts of not more than fifty million naira in value; (d) award contracts of more than fifty thousand naira but not more than one hundred thousand naira with the approval of the Chairman; (e) operate the bank accounts of the Agency; (f) prepare reimbursement claims against expenditure for submission to the authority where and when the Agency is being funded under an agreement by the said authority; (g) keep custody of the records of the Agency; (h) keep custody of the seal of the Agency; (i) keep records of the proceedings of the Agency; and (j) perform such other duties as the Governing Body may direct.

23. Annual estimates. (1) The Agency shall cause to he prepared not later than three months before the end of each year an estimate of the expenditure and income of the Agency during the next succeeding financial year and when prepared they shall be submitted to the Governor. (2) There shall be kept proper accounts and proper records in relation thereto and when certified by the Agency such accounts shall be audited as provided in subsection (3) of this section. (3) The accounts of the Agency shall be audited as soon as may be practicable after the end of each year by auditors appointed and in accordance with the guidelines supplied by the Auditor-General of the State.

24. Establishment of local government bodies. (1) Subject to the provision of this Law, the Governor shall, as soon as possible after the commencement of this Law, encourage local government councils to set up their own environmental protection bodies for the purpose of maintaining good quality environment in the areas of related pollution under their control. (2) The bodies shall consist of the following members- (a) a Chairman, who shall be the Local Government Chairman or any other appointee with equivalent functions and powers; (b) Supervisory Council for health; (c) Supervisory Council for works; (d) Chief environmental health officer; (e) Engineer technical officer in-charge of works; (f) Town planning officer; (g) A community leader who shall be a male; (h) A representative of Women’s Organisation; (i) A National Orientation Agency representative; (j) The divisional police officer; and (k) The secretary of the local government council.

25. Power to inspect, etc. (1) Any authorised officer, where he has reasonable ground for believing that an offence has been committed, can without a warrant- (a) enter and search any land, building, vehicle, tent, vessel, floating craft or any inland water or other structure whatsoever, in which he has reason to believe that an offence has been committed; (b) perform tests and take sample of any substances relating to the offence which are found on the land, building, vehicle, tent, vessel, floating craft or any inland water or other structure whatsoever; (c) cause to be arrested any person whom he has reason to believe has committed such offence; and (d) seize any item or substance which he has reason to believe has been used in the commission of such offence or in respect of which the offence has been committed. (2) A written receipt shall be given for any article or thing seized under subsection (1) of this section and the grounds of such seizure shall be stated on such receipt.

26. Obstruction of authorised officers. Any person who- (a) wilfully obstructs any authorised officer in the exercise of any of the powers conferred on him by this Law; or (b) fails to comply with any lawful enquiry or requirements made by any authorised officer in accordance with the provisions of this Law; or (c) commits an offence and shall on conviction be liable to a maximum fine of N100,000 or to imprisonment for 1 year or both.

27. Authorised officer to disclose identity. (1) Any authorised officer, not in uniform when acting under the provisions of this Law shall, on demand, declare his office and produce to any person against whom he is taking action such identification or written authority as may be reasonably sufficient to show that he is an authorised officer for the purposes of this Law. (2) It shall not be an offence for any person to refuse to comply with any request, demand or order made by any authorised officer not in uniform, if such authorised officer refuses, on demand by such person, to declare his office or produce identification or written authority.

28. Procedure in respect of suits against the Agency, etc. (1) No suit against the Agency, a member of the Agency or any employee of the Agency for any act done in pursuance or execution of any Law or of any public duties or in respect of any alleged neglect or default in the execution of such Law, duties or authority, shall lie or be instituted in any Court unless it is commenced within twelve months next after the act, neglect or default complained of or, in the case of a continuance or damage or injury within twelve months next after the ceasing thereof. (2) No suit shall be commenced against the Agency before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Agency by the intending plaintiff or his, agent; and the notice shall clearly and explicitly state- (a) the cause of action; (b) the particulars of the claim; (c) the name and place of abode of the intending plaintiff; and (d) the relief which he claims.

29. Service of documents. The notice referred to in Section 28 (2) of this Law and any summons, notice or other document required or authorised to be served upon the Agency under the provisions of this Law or any other Law may be served by delivering the same to the Chairman or the General Manager, or by sending it by registered post addressed to the General Manager at the Secretariat of the Agency.

30. Restriction on execution against the property of the Agency. In any action or suit against the Agency, no execution or attachment or process in the nature thereof shall be issued against the Agency except by written consent of the State Attorney-General but any sums of money which by judgment of the court is awarded against the Agency shall, subject to any directions given by the Agency, be paid from the general reserve fund of the Agency or by the State Government.

31. Indemnity of members and employees of the Agency. Every member of the Agency, agent, auditor or employee for the time-being of the Agency shall be indemnified out of the assets of the Agency against any liability incurred by him in defending any proceeding whether civil or criminal, if any such proceeding is brought against him in capacity as such member, agent, audit or employed as aforesaid.

32. Misrepresentation and impersonation. (1) If a person knowingly or recklessly makes any statement in purported compliance with a requirement to furnish information which is false in a material particular, he commits an offence and shall on conviction be liable to a fine of N100,000 or imprisonment for a term not exceeding one year or both. (2) Any person who falsely represents himself to be an authorised officer of the Agency and assumes to do any act or to attend in any place for the purpose of doing any act on behalf of the Agency shall be guilty of an offence under this Law and on conviction shall be liable to imprisonment for a term not exceeding two years.

33. Prevention of industrial pollution. (1) No industry or other business entity which- (a) emits obnoxious gas that is injurious to people's health; or (b) generates a lot of noise; shall be sited in or near a residential area. (2) An industry that discharges toxic matter in the form of liquids, or industrial effluent, liquid waste or other industrial waste shall make adequate arrangement for the disposal of the toxic matter or industrial waste, including, where necessary, the provision of treatment plants which shall treat any of such waste or liquid matter before it is finally discharged into the environment. Provided that the arrangement made for the disposal of the toxic or other industrial waste shall, in all material particular, conform to the standards and guidelines set either by the Federal Environment Protection Agency or other stated standards made pursuant to this Law. (3) It shall be an offence for any industry- (a) to discharge any toxic matter or other industrial waste other than in conformity with the provisions of subsection (2) of this section; or (b) to discharge any waste or liquids into streams, rivers, creeks or lakes or into the streets, roads or highway. (4) Nothing in this Law shall authorise any person or body of persons corporate or incorporate to construct or use any public or other sewer or any gutter or drain for the purpose of conveying any foul water or other obnoxious liquid into any natural or artificial streams, watercourse, canal, pond or lake until the water or other liquids have been so treated as not to affect the purity and quality of the water in the stream, watercourse, canal, pond or lake. (5) Any person or body of persons whether corporate or incorporate, who discharges any wastes into the environment of the State in contravention of the standards and guidelines set by either the Federal Environmental Protection Agency, or pursuance to this Law commits an offence.

34. Prohibition of chemicals for farming and fishing. Except as approved by the Federal or State authorities for the purpose, the use of any chemical substance by any person or body whether corporate or incorporate for fishing or farming purposes shall be an offence.

35. Discharge of waste by vessels. (1) Except where the owner or operator of a vessel on-shore or off-shore facility satisfactorily proves that a waste discharged was caused solely by a natural disaster or an act or by sabotage, such owner or operator of the vessel or on-shore facility from which the waste discharge emanates in contravention of section 34, shall in addition to the penalty specified in section 41, be liable for- (a) any cost incurred by the State or Local Government or their agents in the abatement or removal of the discharge; and (b) any cost incurred by the State or Local Government in replacing any damaged facility or in restoring the ecology. (2) The owner or operator referred to in sub-section (1) of this section, upon the occurrence of the discharge shall- (a) promptly take steps to mitigate any damage; (b) give immediate notice to the Agency of the occurrence of the discharge; (c) promptly commence clean-up operations by using the most effective and efficient methods at his disposal; and (d) promptly comply with such directions as the Agency may give.

36. Disposal or storage of waste. Any person, local government council or private waste disposal organisation, who stores or disposes in such a manner as to give rise to offensive odour or infestation by rodents, flies and other insects is guilty of an offence.

37. Environmental Sanitation Law. It shall be an offence punishable under section 38 (2) of this Law for a person to refuse or neglect to observe the environmental sanitation days declared by the Governor or the Federal Government.

38. Dumping of waste. (1) It shall be an offence to dump or litter broken bottles, scraps of iron and other metals and any waste, however, on any path, street or high ways or in a river or stream or creek or in the bush other than on the trenching ground provided by an appropriate authority for the purpose, is hereby prohibited, accordingly. (2) Any person who- (a) throws or deposits in any open drain, any rubbish or other substance that may obstruct or hinder the free or uninterrupted flow of such drain; (b) throws refuse on the ground or in any place other than a refuse bin; (c) places or leaves any motor vehicle, bicycle, wheel barrow, wood, stone, brick paper, leaf and any other thing in a street or highway in a manner capable of obstructing free flow of traffic, or in the opinion of the Agency capable or constituting nuisance; (d) does anything which in the opinion of an authorised officer of the Agency constitute nuisance in a street, high way, open space, or in any place adjoining a dwelling house, factory, school, workshop, or any public institutions; (e) fails to provide in his premises a refuse bin which is fly-proof wherein the house hold or office wastes may be collected for disposal; (f) allows dirt in the form of waste paper, wood, metal or other matter to be left or littered within twenty metres of his place of abode, company, factory, office, school, or any public institution; (g) discharges, deposits or leaves urine, faeces or other human waste or allow dirty water to stand in any place other than a well-constructed toilet; (h) allows any dilapidated building or structure to be put into use thereby constituting a danger to the life or property of the occupants or of other members of the public; (i) sells or offers for sale any goods at or in the vicinity of traffic control light or in any unauthorised places; or (j) does any other thing, makes any omission or commits any nuisance which in the opinion of an authorised officer constitutes a breach of any provision of this Law; (k) shall be guilty of an offence liable on conviction to a fine of ten thousand naira, but not more than twenty thousand naira for a subsequent offence; and in default of payment of the fine, to imprisonment for not more than three months in the case of a first offender, and not more than six months for each subsequent offence. (3) Any person being the head of a household who fails to provide such containers for refuse disposal as may from time to time be prescribed by the Agency, or who fails to pay within three months of a written demand thereof, the approved tariffs or fees for the services rendered by the Agency in the town or place where he or his household is resident is guilty of an offence and liable on conviction to a fine of twenty thousand naira or imprisonment for not more than three months or to both and shall in addition pay the tariffs or fees. (4) Any person, whether corporate or incorporate, that fails to provide in its place of business such containers, for refuse disposal as may from time to time be prescribed by the Agency or that fails to pay within three months of a written demand thereof, the approved tariffs or fees for the services rendered by the Agency in the place of business of such body is guilty of an offence and liable on conviction to a fine of not more than N10,000.00 and shall in addition pay the tariffs or fees demanded. (5) Where a body is convicted of an offence under sub-section (4), then- (a) in the case of body corporate, director, manager and other principal officer of the body shall in default of payment of the prescribed fine, be liable to imprisonment for not more than one year; and (b) in any other case, each member of the body or partner in the business shall in default of payment of the prescribed fine, be liable to imprisonment for not more than one year.

39. Power of the Agency to seal up premises. The Agency shall seal up any premises occupied by any person or body whether incorporated or not, if the Agency is satisfied that the person or body has not taken sufficient steps to meet the environmental standards set by the Federal Environmental Protection Agency or set pursuant to this Law or where the person or body has failed or neglected to comply with the tenor of a letter from the Agency requesting that an environmental pollution be abated or mitigated.

40. Liabilities of companies and firms. Where any offences against this Law or any regulations made thereunder has been committed by a body corporate or a member of a partnership or other firm or business, every Director or other officers of that body corporate or any member of the partnership or other person concerned with the management of such firm or business shall, on conviction, be liable to a fine not exceeding one million naira for such offence and in addition shall be directed to pay compensation for any damage resulting from such breach thereof or to repair and restore the polluted environmental area to an acceptable level as approved by the Agency.

41. Penalty for contravention. Any person who contravenes any provisions of this Law or any regulation made thereafter commits an offence and shall on conviction, where no specific penalty is prescribed therefore, be liable to a fine not exceeding N100, 000 or to imprisonment for one year.

42. Power to make regulations. The Chairman on the advice of the Agency, may make regulations generally for the purpose of this Law, but, without prejudice to the generality of the foregoing, the Chairman may, in particular prescribe standards for- (a) water quality; (b) effluent limitations; (c) air quality; (d) atmospheric protection; (e) ozone protection; (f) noise control; and (g) control of hazardous substances and removal methods.

43. Seal of the Agency. (1) The fixing of the seal of the Agency shall be authenticated by the signatures of the General Manager of the Agency or the secretary or any other authorised officer. (2) Any contract or instrument which, if made by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Agency by the General Manager or by any other person generally or specifically authorised to act for that purpose by the Agency. (3) Any document purporting to be a contract instrument or other document duly signed or sealed on behalf of the Agency shall be received in evidence and shall, unless the contrary is proved, be presumed without further proof to have been so signed or sealed.

44. Application of Federal Environmental Protection Agency Act The Agency shall in discharge of its duties apply the Federal Environmental Protection Agency Act, where no provision is made in this Law. [LFN 1990 Cap. 131]

45. Personal liability. No person acting under the provisions of this Law shall be personally liable for any act done or omission made in good faith while engaged in the business of the Agency. DELTA STATE ENVIRONMENTAL PROTECTION AGENCY LAW EFFLUENT DISCHARGE FEES Category A -(N250,000.00 per annum) (i) Fertilizer/Ammonia/Urea manufacturing companies; (ii) Cement/Asbestos manufacturing companies; (iii) Petrochemical companies/synthetic fibre companies; (iv) Gas producing companies; (v) Petroleum refining and petroleum product manufacturing companies; (vi) Oil service companies; (vii) Aluminium producing companies; (viii) Petroleum prospecting, exploiting and producing companies; (ix) Marine and dredging companies; and (x) Aerodromes, airports and aviation/airlines companies. Category B (N150,000.00 per annum) (i) Asphalt and bitumen producing companies; (ii) Rubber/tyre manufacturing companies; (iii) Iron/Steel and other metal fabricating companies; and (iv) Hotels with not less than 100 rooms. Category C (N100,000.00 per annum) (i) Battery manufacturing companies; (ii) Cables, electrical and electronic companies; (iii) Glass companies; (iv) Industrial machinery manufacturing companies; (v) Marbles/Terrazzo manufacturing companies; (vi) Hotels with not less than 50 rooms; (vii) Oil/Oil products marketing companies; (viii) Chemical manufacturing companies; and (ix) Petroleum products marketing companies. Category D (N50,000.00 per annum) (i) Brewery companies; (ii) Textile manufacturing companies; (iii) Food processing/food canning companies; (iv) Dairy products producing companies; (v) Soft drinks manufacturing companies; (vi) Fish marketing, preserving and processing companies; (vii) Chemical marketing companies; (viii) Detergent and soap manufacturing companies; (ix) Pulp and paper producing companies; (x) Pharmaceutical manufacturing companies, etc; (xi) Plastic manufacturing companies; and (xii) Hotels with npt less than 20 rooms. Category E (N10,000.00 per annum) (i) Mechanised laundries; (ii) Hospitals or clinics with more than ten beds; (iii) Photographic companies, including marketing; (iv) Service and processing companies; (v) Machine tools marketing or servicing and assembling companies; (vi) Mechanical wbrkshops; (vii) Leather manufacturing and tanning companies; and (viii) Restaurants with a sitting capacity of not less than 30 persons.