Delta State Environmental Sanitation Law

DELTA STATE ENVIRONMENTAL SANITATION LAW

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

2. Interpretation. In this Law- "Commissioner" means the person charged with the responsibility for Local Government matters in the State; "Highway" means free and public roadway open to the public as of right for the purpose of passing and repassing, and includes areas other than any beyond the boundaries of the paved surface of a roadway; "Landlord" means the owner, whether in his own right or as attorney or agent, of an estate in land or a rental property who has leased it to another person called the tenant or who is himself in occupation; "Member of Task Force" includes a medical officer, a health superintendent, a sanitary inspector and any other person acting in that behalf under the authority whether general or special of a local government council or the Task Force; "Obstruction" in relation to a highway means a hindrance, obstacle or barrier delaying or impending movements on a highway or constituting a nuisance on the highway; "Occupier" means a person who has actual use, possession or control of a premises or what goes on in the premises; "State" means the Delta State of Nigeria; "Task Force" means the Delta State Environmental Sanitation Task Force; "Tenement" includes houses, shops, market stalls factories, industrial and commercial building, clubs and hotels.

3. Landlord to keep surroundings clean. The landlord or occupier of tenement shall at all times keep the tenement and its surroundings together with the adjoining and connecting drains, gutters or channels free from weeds, grasses, filth, rubbish, refuse or any other waste matter.

4. Refuse disposal. (1) The landlord or occupier of a tenement shall provide a standard refuse bin having two handles on either side and a cover for the purpose of gathering and storing refuse or other waste matter. (2) Where the local government council in charge of the area where the tenement is located has a refuse disposal service, the landlord or occupier of the tenement may request the local government council to dispose the refuse at regular intervals for a prescribed fee. (3) Where the local government council does not provide refuse collection services, the landlord or occupier of the tenement shall engage the services of an approved agent of the local government council to dispose of the refuse regularly. (4) For the purposes of this section, "approved agent" referred to in subsection 3 of this section means any person or company registered by a local government council as a refuse disposer.

5. Toilets. In all tenements situated in an area designated to be an urban area in the State as specified in the First Schedule to this Law, the landlord or occupier shall erect a water system toilet with soak away pits and sceptic tanks into which he shall direct all obnoxious water and effluents.

6. Security lights. The landlord or occupier of a tenement whose tenement is in an area designated to be an urban area as specified in the First Schedule to this Law, shall at all times provide and maintain security lights in and around the tenements.

7. Tradesmen’s workshops. A tradesman wishing to established or build a workshop in an area designated to be an urban area shall before doing so obtain the approval of the local government council.

8. Inspection of tenement Second Schedule. (1) In each local government area of the State, a member of the Task Force may between the hours of 0900 hours and 1800 hours enter and examine any tenement and its surroundings in order to ascertain the existence of a nuisance or other obnoxious or unsanitary matter and condition of security lights. (2) A member of the Task Force shall, if he finds that nuisance, obstruction or other unsanitary matter or condition exists in the tenement serve a notice as specified in the Second Schedule to this Law informing the landlord or occupier of the tenement of his findings and ordering him to abate the nuisance. And/or clear up the obstruction or any other obnoxious matter or condition within three days from the date of the service of the notice. (3) Where a member of the Task Force finds that adequate security lights are not provided in the tenement, he shall serve a notice as specified in the Second Schedule to this Law on the landlord or occupier requiring him to provide security lights within three days after the service of the notice. (4) Any notice summons or other documents required to be served under this Law on the landlord or occupier of a tenement shall be deemed to be properly addressed if addressed by the description of "landlord" or "occupier" of the tenement and shall be deemed to be properly served if it is delivered to a person not below 18 years of age or it is pasted in a conspicuous place within the tenement. (5) Notwithstanding the provisions of this Law and of any other law in that regard, it shall be lawful for any local government council or the Task Force in the State to remove, impound or dispose of any obstruction on the highway, as it reasonably thinks fit. (6) A member of the Task Force shall at all times carry on his person an identity card issued to him by the Task Force or a local government council when performing any of the duties assigned to him under this Law.

9. Notice to prevent recurrence of nuisance. A member of the Task Force may by the same notice referred to in section 8 of this Law or other notice require the landlord or occupier to do something to prevent the recurrence of the nuisance and even specify the work to be done for the purpose and this without prejudice to the fact that the nuisance or obstruction may have been abated or has been cleared up.

10. Power to arrest. (1) A member of the Task Force or a police officer may arrest - (a) any person found committing any offence under the provisions of this Law; and (b) a landlord or occupier who fails to comply with the notice served under sections 8(2), (3) and 9 of this Law. (2) A member of the Task force shall, while performing his official duties assigned to him under this Law, have power to apprehend, arrest and prosecute any defaulter. (3) A person arrested pursuant to this Law shall be handed over to the police within two hours of the time of his arrest.

11. Offences. It shall be unlawful for any person - (a) to sweep or throw or deposit refuse or other waste matter into the highway or public space of an unauthorised place; (b) to display by the highway any articles for sale or to store firewood, motor-tyres, sand, gravel, blocks, empty crates, cartons, motor junks or anything whatsoever that constitutes an obstruction to the public or is prejudicial to health; (c) to store in an empty receptable or make excavation or construct anything whatsoever that is likely to encourage the breeding of mosquitoes or other harmful insects; (d) to discharge or allow to be discharge obnoxious water or other toxic water, from his tenement to a highway or adjoining gutters or drains; (e) to throw or lay a tenement, on high way or gutter (except places which may be set apart and certified for such purpose by a local government council) any rubbish, refuse or any other waste matter or any structure or object which is capable of causing any obstruction or constituting a nuisance to the user of the high way or an occupier of the tenement; (f) to make noise or nuisance through the regular use of sound equipment of any description in a manner as to cause hearing discomfort to neighbours or the immediate public, however, the noise from religious, traditional and social ceremonies is excluded; (g) not to provide and maintain adequate security lights in his tenement; (h) to obstruct, damage, remove or interfere with any streetlight; (i) being a tradesman to operate his business or trade within a designated urban area except he has the written approval of the local government council; (j) not to report to the local government council any obstruction, or removal or interference with any street light; and (k) not to provide and maintain water system toilet.

12. Who may prosecute Third Schedule. A member of the Task Force shall commence proceedings against any person who commits an offence under this Law on a criminal summons in the form specified in the Third Schedule to this Law whether in a customary or magistrate or mobile court.

13. Penalties. (1) Subject to the other provisions of this Law, any person who commits an offence under this Law shall be guilty of an offence and shall upon conviction be liable to a fine and/or imprisonment as stipulated hereunder - (a) the penalty for failure of a landlord or occupier of petrol filling stations, supermarkets and public and private establishment to provide at least two units of water system toilets for use of workers and customers and adequate security lights is fine of N100,000.00; (b) the penalty for urinating on the high way or in a place other than a toilet, shall be a fine of N5,000.00; (c) the penalty for defecation on the high way or in a place other than a toilet is a fine of N5,000.00; (d) the penalty for sweeping or throwing or depositing refuse or other waste matter into highway or public place or an unauthorised place is a fine of N10,000.00; (e) the penalty for conveying of meat or other food items for human consumption in open and dirty vehicles is a fine of N10,000.00; (f) the penalty for cooking of any type in an unauthorised place is a fine of N5,000.00; (g) the penalty for failure of landlords or occupiers of shops and living accommodation to provide refuse bins and adequate security lights is a fine of N20,000.00; (h) the penalty for any person using any vehicle to convey sand, laterite, gravel, granite, stone, refuse and any other matter which is not properly secured, thus causing the contents of the vehicle to fly off and litter the highway is a fine of N10,000.00; or imprisonment for a term of six months; (i) the penalty for any person who contravenes any of the provisions of sections 3, 5 and 6 of this shall be a fine of N 10,000.00; (j) the penalty for any person who contravenes any of the provisions of section 4 of this Law is a fine of N20,000.00 or six months imprisonment; and (k) the penalty for failure of a landlord or occupier of a tenement to keep his tenement in a good sanitary condition is a fine of N5,000.00 or one month imprisonment; Provided that- (a) where the offence is committed by a corporation or company, the penalty shall be N50,000.00 for each offence; (b) where the offence is related to a factory, shop, market stall, the shop, factory or market stall may be sealed up for a period of 2 weeks from the date of conviction or until such a time as the sanitary condition is improved or adequate security lights are provided and are certified by a member of the Task Force as satisfactory. (2) The penalty for a tradesman operating within a designated urban area without the approval of a local government council is a fine of N10,000.00 in the first instance, and imprisonment for a term of six months without option of a fine for a subsequent breach of this provision. (3) Nothing in this Law shall be construed as preventing any person from seeking redress in a court of law if he suffers directly from the breach of any of the provisions of this Law.

14. Jurisdiction. Notwithstanding the provisions of any other law, the magistrate, customary, and mobile courts shall have jurisdiction to hear any matter arising as a result of anything done or omitted to be done under this Law.

15. Application of Public Officer Protection Law. The Public Officers Protection Law, shall apply in relation to any thing or act done by a member of the Task Force in the course of performing the duties imposed upon him by this Law.

16. Revocation of approvals. Notwithstanding the provisions of this Law, the Commissioner or a local government council shall have the power to revoke any approval previously granted to a tradesman to operate within a designated urban area if in his opinion the reason for the revocation of the approval is in the overriding public interest.

17. Regulations. The Commissioner may by regulations, spell out the terms and conditions of the registration of persons or companies who may wish to carry on the business of refuse disposal.

18. Savings. It is hereby declared for the avoidance of doubt that nothing in this Law shall affect the powers of a local government council to remove any obstruction or nuisance from and to provide and install lights on the highway. Schedule 1 DELTA STATE ENVIRONMENTAL SANITATION LAW [Section 6.] DESIGNATED URBAN AREAS

1. Asaba and all other local government headquarters - except Isiokolo and Aboh.

2. Ovwian - Aladja Schedule 2 DELTA STATE ENVIRONMENTAL SANITATION LAW [Section 8.] Delta State Environmental Sanitation, Task Force. ....................... Local Government Delta State Date..................... 20............ Landlord/Occupier, ............................................... ............................................... ............................................... ............................................... Dear Sir/Madam, NOTICE MADE PURSUANT TO ENVIRONMENTAL SANITATION LAW. Inspection carried out under the above-mentioned Law at your premises/shop stall situated at ....................................... Local Government Area of Delta State on the .......................... day of .....................20............... has revealed that rubbish and/or refuse and/or nuisance exists/adequate security lights were not installed therein.

2. You are therefore required in your own interest to abate the nuisance/clear the rubbish or refuse/install security lights in your premises within seven days after the service of this notice upon you.

3. If you fail to comply within the period specified above, you will be prosecuted in accordance with the provisions of the Law.

4. You are warned to comply strictly with this notice and the requirements of the Law. ............................................... (Officer-in-Chdrge) Schedule 3 DELTA STATE ENVIRONMENTAL SANITATION LAW [Section 12.] Criminal Summons Form A (Summons to the Defendant) IN THE CUSTOMARY/MAGISTRATE COURT OF DELTA STATE Holden at the:............. Customary Court/ Magisterial District Charge No. ............. 20....... BETWEEN.............. Local Government ................Complainant AND ............... Defendant To .................of ................. compaint has been made this day ................ day of 20 .........at ............. in the ...........Area Customary/Màgisterial District aforesaid,did: (State nature of Contravention) Contrary to Section ......................... of the Environmental Sanitation Law. You are therefore hereby summoned to appear before the Customary/Magistrate's Court sitting at .............on ................... day of ..................., 20....... at the hour of ..................... a.m. in the afternoon to answer to the said Complaint. DATED this........... day.............. 20 ................................................ President/Magistrate