Delta State Waste Management Board Law

1. Citation and commencement. This Law may be cited as the Delta State Waste Management Board Law, 2004 and shall come into force on the 6th day of July, 2004.

2. Interpretation. In this Law, unless the context otherwise requires- "Board" means the Delta State Waste Management Board established pursuant to section 3 of this Law; "Chairman" means the Chairman of the Board; "Financial Year" means the period beginning 1st January in anyone year and ending 31st of December the same year; "Governor" means the Governor of Delta State of Nigeria; "House of Assembly" means the Delta State House of Assembly; "Member" means a member of the Board; "Sanitation Day" includes the last Saturday of each month and any other day so designated; "State" means Delta State of Nigeria; "The Law" means this Law; "Waste" includes any discarded material or substance whether or not the same can be put to any other use other than its original use.

3. Establishment of the Board. There is hereby established in the State a Board to be known as the Delta State Waste Management Board (in this Law referred to as "the Board") which shall be a body corporate with perpetual succession and having power to sue and be sued in its corporate name.

4. Composition of the Board. (1) The Board shall be a full-time Board consisting of the following members- (a) a Chairman who shall be the Chief Executive Officer; (b) three other members drawn respectively from each of the three senatorial districts of the State. (2) Appointment of Member.-The Chairman and members shall be appointed by the Governor subject to the confirmation of the House of Assembly. (3) The persons to be appointed shall have such qualifications and experience as are appropriate for the offices to be occupied by them. (4) Tenure of Appointment.-Subject to the pleasure of the Governor, the Chairman and members shall be in office for a period of four years without prejudice to their being re- appointed. (5) The Director of the Department of Legal Services and Compliance shall be the Secretary to the Board.

5. Termination of appointment. The office of a Chairman or member shall become vacant if the occupant- (a) resigns his appointment by a letter addressed to the Governor and left with the Secretary of the Board; (b) becomes bankrupt or enters into a compromise with his creditors; (c) is removed from office for misconduct of any other just cause; (d) is convicted or indicted of a felony or any offence involving dishonesty or fraud; (e) becomes of unsound mind or is unable to discharge the functions of his office; (f) is guilty of misconduct in relation to his duties; or (g) in the case of a person in possession of professional qualifications, is disqualified or suspended from practising his profession by an order of a competent authority made in respect of that member.

6. Functions of the Board. The Board shall perform the underlisted functions, and that is, to- (a) clear refuse from designated refuse dumps and bins along the streets and corners of the villages, towns and cities in the State; (b) manage the disposal and recycling of refuse and other waste materials in a manner that will cause little or no harm to the environment and people living in the State; (c) acquire and maintain refuse dump sites and recycling facilities in all Local Government areas of the State; (d) procure and maintain all vehicles and equipment necessary for proper management of refuse and waste materials in the State; (e) control, recycle and manage effluent discharge, industrial and domestic waste from households and companies operating within the State; (f) licence register and regulate the operations of all waste management companies in the State; (g) formulate and foster private sector participation schemes, in waste management in partnership with registered waste management companies; (h) educate the public on the importance and different methods of waste management for the purpose of maintaining a clean and sustainable environment and improving public sanitary habits and health standards; (i) monitor and enforce compliance with waste management standards and practices prescribed under this Law; (j) monitor and evaluate from time to time as the Board may determine the possible effects of the dumpsites waste on the environment and cost effective restoration; (k) develop the skills and knowledge of its employees and provide facilities for training, education and research; (l) undertake research in waste management methodology and technology; (m) establish waste treatment and recycling facilities in the State; (n) advise Government in the formulation of waste management policies and in the preparation and review of action plans on waste management; and (o) perform such other functions as may be prescribed by a law of the House of Assembly.

7. Powers of the Board. For the purpose of carrying out its functions, the Board shall have powers to- (a) charge fees in respect of its services; (b) impose levies or fines in respect of any contravention of this Law; (c) prosecute offenders for offences against this Law; (d) enter into and carry out inspections of any hereditaments for the purpose of carrying out its functions under this Law; (e) enter into contracts and partnership arrangements as may be necessary or expedient for the performance or realisation of its functions; (f) acquire land, buildings and other property necessary to facilitate the discharge of its functions; and (g) do such other things as are necessary and expedient for the efficient performance of its functions under this Law.

8. Finance. (1) The Board shall establish and maintain a fund from which shall be defrayed, all expenditure incurred by the Board. (2) The funds and resources of the Board shall consist of- (a) such moneys as may be appropriated from time to time to the Board; (b) all grants, gifts and donations to the Board; and (c) all receipts in respect of fees charged for services rendered by the Board and in respect of fines.

9. Expenditure of the Boards. (1) The Board may, from time to time, apply the funds at its disposal to- (a) perform all or any of its functions under this Law; (b) meet its cost of administration; (c) pay the remuneration, honoraria and expenses of members in respect of their duties under the provisions of this Law; and (d) meet the payment of salaries, allowances, gratuities or pensions of employees of the Board; (e) the payment of commissions to approved agents of the Board; (f) the payment of rents on rented property; (g) the payment of interest on loans; (h) the payment of taxes, duties, or other charges payable by it under any enactment or Law. (2) Grants by the Boards-The Board may, with the approval of the Governor, from time to time, make charitable grants to institutions, societies, organisations, or schemes of whatsoever kind which, in the opinion of theBoard, are likely to be of benefit to the people of the State.

10. Power to borrow. (1) The Board may, with the approval of the Governor, or in accordance with any general order given in that regard, borrow by way of loan or overdraft from any legal source, any sum required by the Board for capital projects and for meeting its obligations and discharging its functions under this Law and for this purpose may pledge its property by way of mortgage, fixed or floating debenture or any other collateral. (2) The Board may, by its resolution, borrow money for its recurrent expenditure provided the expenditure for which such borrowings are made is recognised in its current budget.

11. Guarantee by Government for Loans to the Board. (1) The Government may guarantee, in such manner and on such terms and conditions as it may deem fit, payment of the principal and interest of any sum of money borrowed by the Board. (2) Guarantee to be charged against Board appropriations- Such sums of money as may be required by the Accountant General for the State, under any guarantee, in respect of money borrowed by the Board shall be a charge against any appropriations to the Board.

12. Accounts and Audit. (1) The Board shall keep accounts of its transactions in such form as approved by the Law, which shall conform to the best accounting standards and practice. (2) Two months after the close of the year, the Chairman shall present to the Board for submission to the external auditors a statement of accounts of the Board with all supporting documents and vouchers. (3) The said accounts shall be audited by qualified external auditors appointed by the Board from a list of external auditors approved by the Auditor-General of the State. (4) One of the two appointed signatories in the finance department of the Board shall be signatories to the Bank Accounts of the Board and further confirmed by the Executive Chairman.

13. Annual Report and Statement of Account. (1) Not later than three months after the end of each financial year, the Board shall submit a full report of its operations during that year and transmit it together with a certified true copy of the audited accounts to the Auditor-General of the State for his comment thereon. (2) The Auditor-General of the State shall make available, the audited report of the Board to the House of Assembly, whenever it is required.

14. Establishment of Departments of the Board. (1) There shall be established for the Board the following departments- (a) Department of Finance and Supplies; (b) Department of Operations; (c) Department of Administration and Human Resources; (d) Department of Legal Services and Compliance. (2) Power to increase the number of departments- The Board may, with the approval of the Governor, increase the number of departments as it may deem necessary to enhance the performance of its functions. (3) Power to create subsidiary units, field offices etc- The Board shall have power to establish and maintain such field offices, subsidiary units, sections and branches and to make other administrative arrangements as may in its opinion be necessary. (4) Supervision of Department- Every department of the Board shall be under the supervision of a Director who shall be responsible to the Chairman. (5) Administration of the Board- The Chairman shall be responsible for the day to day administration of the Board. The Chairman shall assign to the members responsibility for any business of the Board, including the administration of any of its departments. (6) Power of the Board to make Appointments- Subject to the approval of the Governor, the Board shall make appointments to the position of Directors in the Board. (7) Directors responsibility for implementing the Board's Decisions- The Directors shall have the responsibility of implementing the decisions of the Board at the departmental level. (8) The Directors shall make recommendations on all administrative matters to the Chairman for approval.

15. Operational Target. With the approval of the Governor, the Board shall set operational and financial targets for itself and its performance shall be measured through periodic evaluation of performance of such targets.

16. Power to issue directives. (1) The Governor may from time to time give directives of a general or specific nature to the Board in regard to the discharge of its functions and the Board shall comply with such directives. (2) Bi-annual Reports of the Board- The Board shall prepare and furnish the Governor bi- annual reports on its programmes and activities.

17. Power to engage employees. (1) The Board shall have power to appoint or employ such temporary, contract or permanent employees as it may require to carry out its functions subject to the approval of the Governor. (2) Rights of employees- All employees of the Board appointed pursuant to subsection (1) of this section, excluding employees appointed on temporary or contract basis, shall have the same rights and obligations as members of the Public Service as defined by section 24 of the Pensions Act as applicable to the Public Service of Delta State. (3) The Board shall determine the remuneration, grading and other terms and conditions of service of staff and shall ensure that such remuneration, grading and other terms and conditions are kept in line with those applicable to the State Civil Service.

18. Power of entry into land to ensure compliance. Where an authorised officer of the Board has reasonable grounds to believe that an offence has been committed, he may without a warrant- (a) enter into and search any land, building, tent, vessel or other structure whatsoever in which he has reason to believe that an offence has been committed; (b) perform tests and take samples of any substance relating to the offence which are found on the land, building, vessel or other structure whatsoever; (c) cause to be arrested any person who he has reason to believe has committed the offence.

19. Obstruction of authorised officer of the Board. (1) Any person who- (a) wilfully obstructs an authorised officer in the exercise of any ofthe powers conferred on him by this Law; or (b) fails to comply with any lawful enquiry or requirements made by an authorised officer in accordance with the provisions of this Law commits an offence and shall on conviction be liable to a maximum fine of N25,000.00 or to imprisonment for one year or to both such fine and imprisonment. (2) Prevention of industrial pollution- Any factory, industrial plant, complex or operation that produces or 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. (3) It shall be an offence for any factory, industrial plant, complex or operation to discharge any waste or liquids into streams, rivers, creeks or lakes or into the streets, road or highway without treating or detoxifying same.

20. Improper waste handling. Any person who stores, handles or disposes any waste in or around any living, business or working premises or along any street, road or motorway in the State in such a manner as to give or tend to give rise to offensive odour or infestation by rodents, flies and other insects is guilty of an offence.

21. Failure to provide waste bins at premises. (1) Any owner or occupier of premises who fails to procure and maintain an appropriate waste bin or refuse receptacle for the collection and subsequent disposal of solid waste or refuse generated from the premises commits an offence. (2) A waste bin or refuse receptacle shall not be deemed appropriate unless it has an attached lid or cover and has the capacity to retain the wastes generated from the premises in a week. An occupier may combine the use of one or more waste bins or refuse receptacles to achieve the desired capacity.

22. Fine in respect of individual offender. (1) Any person who- (a) tosses or deposits into any open drain, any refuse, waste, rubbish or other substance that may obstruct or hinder the free or uninterrupted flow of such drain; or (b) tosses refuse, waste or other substance in any open public space or place other than a refuse bin; or (c) defecates or urinates in any place other than a toilet; (d) being an owner or occupier of premises, allows dirt in the form of waste paper, wood, metal or other matter to be left or littered within twenty metres of the premises, whether or not the premises is owned by him, or is his place of abode, work, business or employment; or (e) being an owner or occupier of premises, fails to prevent the discharge, depositing or collection of urine or faeces other than in a septic tank or soak-away pit, is guilty of an offence and in the case of offences in (a), (b) and (c) above, shall be liable on conviction to a fine of five thousand naira (N5,000.00); in the case of offences in (d) and (e) above, shall be liable on conviction to a fine of twenty thousand naira (N20, 000.00) in the first instance and for a subsequent offence, not more than ten thousand naira (N10,000.00); and in default of payment of any fine imposed, to imprisonment for not more than six months in respect of each fine. (2) Failure to arrange regular evacuation of waste and to pay evacuation charges- Any owner or occupier of premises who fails to- (a) arrange for the regular removal or disposal of waste from any waste bin or refuse receptacle serving the premises; or (b) pay such refuse disposal charges as the Board may from time to time prescribe; or (c) pay within three months of a written demand thereof, the prescribed charges, is guilty of an offence and liable on conviction to a fine of twenty thousand naira (N20,

000.00) in addition to any outstanding charges or imprisonment for not more than six months.

23. Fine in respect of corporate offenders. (1) Where a registered company or other body corporate is the offender in respect of any offence herein, the fine applicable to it shall be the prescribed fine for the offence multiplied by the number 10. (2) Consequences of failure of corporate offender to pay fine.- Where a registered company or body corporate fails to pay the fine in section 22 above, every director, manager and other principal officer of the company or body corporate shall be liable to imprisonment for not more than one year.

24. Power of Board to seal premises. (1) In addition to the power to prosecute for any offence under this Law, the Board shall have the power to seal up any premises occupied by any person or body if the Board is satisfied that the owner or occupiers have failed or neglected to take steps to comply with this Law until the contravention has been remedied. (2) The Board shall not exercise its power to seal up premises unless it has first caused to be issued and served on the owner or occupier a contravention notice requiring the owner or occupier of the premises to correct the contravention and specifying a time limit, not being less than seven working days, within which the contravention may be temedied.

25. General penalties. Any person who contravenes any provision of this Law or any regulation made hereafter commits an offence and on conviction shall, where no specific penalty is prescribed therefore, be liable to a fine not exceeding five thousand naira (N5,000.00) or to imprisonment for a period not exceeding three months.

26. Power of officers of the Board to procure arrest and to prosecute. An officer of the Board whilst acting as such shall have power to procure the arrest and detention of any person who has, or is reasonably suspected of having committed an offence against this Law and a Legal Officer of the Board may prefer or cause to be preferred charges against any such person and appear for the prosecution of such an offence.

27. Authenticating acts and documents of the Board. (1) Anything done or required to be done by the Board in the discharge of its functions, shall be signified under the hand of the Chairman and Secretary or any other officer who has been so authorised by the Board. (2) Any document purporting to be a document duly executed or issued under the seal of the Board or on its behalf shall unless the contrary is proved, be deemed to be a document so executed or issued, as the case may be.

28. Protection of Officers of the Board against personal responsibility. 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 Board.

29. Time of Commencement of Legal Proceedings. When any suit is commenced against the Board for any act done in pursuance or execution or intended execution of this Law, the suit shall not lie or be instituted unless it is commenced within six months of the occurrence of the act neglect or default complained of or in the case of a series of acts, neglects or defaults within six months after the ceasing thereof.

30. Pre-action notice to issue. (1) No suit shall be commenced against the Board unless a month's written notice of intention to commence the same has been served upon it by the intending plaintiff or his agent. (2) Such notice shall state the cause of action, the name and place of abode of the intending plaintiff and the reliefs, which he proposes to claim.

31. Annual General Meeting of the Board. (1) The Board shall in each year hold a general meeting as its annual general meeting in addition to any other meeting in that year, and it shall specify the meeting as such. (2) The annual general meeting shall be held within three months of the close of each financial year. (3) The Board shall ordinarily meet for the dispatch of business at such times and places as the Chairman may from time to time appoint, but not less than three times in any financial year. (4) Chairman to preside at meetings of the Board- The Chairman shall preside at all meetings of the Board when he is present, and when he is not present, such other member of the Board present at the meeting as the members may appoint for that meeting shall preside at the meeting. (5) Requisitioning of Extraordinary meeting of the Board- The members acting collectively may request the Chairman, by notice in writing signed by all of them, to convene an extraordinary meeting19 of the Board for the purpose specified in the notice and the Chairman shall, upon receipt of such notice, cause an extraordinary meeting of the Board to be convened not later than four weeks from the issuance of the notice.

32. Simple majority of votes to decide issues at meetings. (1) All questions at any meeting of the Board shall be determined by a majority of votes of the members of the Board present. (2) One vote per member at meetings- At any meeting of the Board each member thereof shall have one vote and if there is an equality of votes the Chairman at the meeting shall be entitled to a second or casting vote.

33. Power of Board to make Standing Orders. Subject to the provisions of this Law, the Board may make standing orders with respect to the holding of its meetings, the notices to be given of such meetings, the proceedings thereof, the keeping of minutes of such proceedings and custody or the production for inspection of such proceedings thereof, the keeping of minutes of such proceedings and custody or the production for inspection of such minutes.

34. Disclosure of personal interest. (1) A member who is in any way directly or indirectly interested in a transaction or the project of the Board shall disclose the nature of his interest at a meeting of the Board, and the disclosure shall be recorded in the minutes book of the Board and the members shall not take part in any deliberation or decision of the Board with respect to the transaction or project. (2) A member needs not be present at a meeting of the Board in order to make a disclosure, which he is required to make under sub-section (1) above if he takes reasonable steps to ensure that the disclosure is made by a notice, which is brought up and read at the meeting.

35. Authentication or affixing of seal of the Board. (1) The seal of the Board shall be such as may be determined by the Board and the affixing of the seal shall be authenticated by the signatures of the Chairman and the Secretary, or of some other members authorised generally or specifically by the Board to act for that purpose. (2) Any document purporting to be a document duly executed under the seal of the Board shall be received in any Court and shall, unless the contrary is proved, be deemed to be so executed.

36. Proceedings of the Board not to be affected by its composition. The validity of proceedings of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of a member of the Board or by reason that a person not entitled to do so took part in the proceedings.