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ASSESSMENT
STUDY REPORT-NEMA/EIA/5/2/11886
GPS COORDINATES
Latitude: 032'25.45"N, Longitude: 3514'20.43"E
PROPONENT
AINU SHAMSHI ENERGY LIMITED
P O BOX 5134-00506
NAIROBI
MARCH 2014
Prepared by: Tehilla Company Limited www.tehilla.co.ke
P O Box 640-30100,Eldoret. info@tehilla.co.ke
PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED
2014
ACKNOWLEDGMENT
Tehilla Company Limited Firm of Experts, NEMA Redg. No. 2996 take this opportunity to sincerely
thank the proponent Ainu Shamshi Energy Limited and the contact person Mr. Oscar Ogunde and staff of
Symbion Kenya Limited for their contributions through availing necessary documentations, interviews ,
sharing information through emails and facilitating site visits to enable the Lead Experts to effectively
carry out the Environmental Impact Assessment of the proposed A.S Energy petroleum service station on
plots Eldoret Municipality Block 21(Kingongo)/91 & 92, Uasin Gishu County for preparation of the EIA
project and study reports.
This Environmental Impact Assessment Project Report was prepared as an endeavour to comply with the
Legal requirements as stipulated in Section 58 of the Environmental Management and Coordination Act,
1999, legal notice No. 8.
Sincere appreciation to the neighbours and members of the public for participating in the public
consultations through interviews and survey questionnaires.
DECLARATION
The following Environmental Impact Assessment Study Report has been prepared with
authority from the proponent for presentation to the National Environment Management
Authority (NEMA).
Signed.. Date........................
The EIA Project report for the proposed project was prepared and presented to NEMA on 31st January
2014 of ref NEMA/ PR/5/2/11886 and after communication from NEMA vide letter dated 11th February
2014 a Terms of Reference report was presented to NEMA on 12th February 2014 and an addendumto the
same on 28th February 2014.The TOR was approved on 3rd March 2014 and thus the preparation of this
study report.
Ainushamshi Energy Limited is a petroleum company incorporated under the Companies Act (Cap 486)
on the 10th September 2010.Its deals with retail, wholesale and transporting of petroleum products.
The proponent aims to develop a petroleum service station that will provide petroleum dispensing services
for diesel and super, LPG, motor vehicle minor engine service, carwash and will also provide a parking
area for unloaded petroleum tankers.
The purpose of the Environmental Impact Assessment Study is to seek approval for the proposed project
and to provide baseline information upon which subsequent environmental audits shall be based in line
with environmental (Impact Assessment and Audit) Regulations 2003, Kenya gazette supplement No.56,
legislative supplement No.31, Legal Notice No.101 of 13th June 2003.
Tehilla Company Limited firm of experts registered by the National Environment Management Authority
(NEMA); to carry out Environmental Impact Assessments Study (EIAS), Environmental Impact
Assessments (EIA) and Environmental Audits as required by Regulation 14 of the NEMA regulations and
were commissioned by the proponent to prepare an EIA Project Report for the development.
The study was based on a laid down scientific qualitative procedures with most recent methodologies and
analysis required in EIA and strictly adhered to relevant legislative framework governing energy sector.
Our investigation examined the potential impact of the project on the immediate surroundings with due
regard to all project phases from construction, operation and decommissioning. It encompassed all aspects
pertaining to the physical, ecological, socio-cultural, health and safety conditions at the site and its
environs during and after construction.
Some of the positive environmental impacts expected include:-
Provision of petroleum service station along the busy Eldoret-Jua Kali road
Provision of LPG for Kahoya residential estate
Direct and indirect employment opportunities for the locals.
Market for supply of building materials during construction
Market for petroleum products from Kenya Pipeline Company
Gains in the local and national economy
Project Location and description
The proponent aims to develop the petroleum service station on two adjacent plots namely Eldoret
Municipality Block 21(Kingongo)/91 & 92 totaling an area of 0.356 Hectares along the busy Eldoret-Jua
Kali road, Wareng County Council, Eldoret West District , Uasin Gishu County.The proponent has
acquired these two pieces of land from Gapco Kenya Limited as per the attached sale agreement and is in
the process of acquiring title deeds for the same.
The project will include the installation and development of the following;
Three Pump islands with three , twin electronic dispensing pumps and overhead canopy
Cabro paved forecourt with piping , drainage channels , parking area, exit and entrance
Three underground storage tanks of 50M3,70M3 and 50M3
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PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED
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Sales block having offices , service bay, toilets, lubes and general stores
Overhead water storage tank
Connectivity to public sewer system
An oil interceptor
Acceleration and deceleration lanes
Standby generator
Landscaped open areas with appropriate vegetation
Concrete Perimeter fence
LPG display lock up cage
Summary of possible negative impacts
The table below list the potential environmental impacts during construction and operation phases and
recommended mitigation measures.
POSSIBLE MITIGATION MEASURES
IMPACTS
Conclusion
Our conclusion is that the project is important for economic development of the area and has balanced
Environmental considerations and benefits. We have given adequate measures to mitigate negative
impacts and prepared an environmental management plan which the proponent shall adhere to so as to
curb irreparable environmental effects.
List of Tables
Table 1: Facilities data at the filling station
Table 2: UST capacities
Table 3: Maximum permissible noise levels as per the first schedule
Table 4: Maximum permissible noise levels for construction sites
Table 5: Construction Phase Management Plan
Table 6: Operation Phase Management Plan
Table 7: Decommissioning Phase Management Plan
List of Plates
1. INTRODUCTION
The EIA Project report for the proposed project was prepared and presented to NEMA on 31st January
2014 of ref NEMA/ PR/5/2/11886 and after communication from NEMA vide letter dated 11th February
2014 a Terms of Reference report was presented to NEMA on 12th February 2014 and an addendum to the
same on 28th February 2014.The TOR was approved on 3rd March 2014 and thus the preparation of this
study report of ref NEMA/EIA/5/2/11886.
The central government will benefit in the form of taxes imposed on construction materials and
various fees charged by different government institutions More importantly, the design of the project
is well thought out and has taken into consideration all the necessary interventions needed to
take care for mitigation of negative impacts on the environment and safeguard safety of construction
workers.
1. Project Background :the brief history of the proposed project site, the parties involved and
justification of the project in terms of demand or lack of the same, the project area, relevant
policy and legislation, identification of any associated project, or any planned projects
including products within the region which may compete for the same resources; the project
including products, by- products, processes both at implementation and operational level,
resources required for successful implementation and operation of the project and the
different options considered.
2. The proposed project objectives; both in the short and long run; and how they are linked to the
overall objectives.
3. Present environment al conditions; description of the project sit e, ecologi cal zoning
as well as the state of the environment and its surroundings. Attempts will state if it is already
suffering from degradation. If the latter is true, the causes of the original degradation will be
established and if possible, the state of the environment before the observed degradation,
4. Identification of Environmental Impacts; the report will distinguish between significant
positive and negative impacts, direct and indirect impacts and immediate and long term
impacts which are unavoidable and / or irreversible,
5. Analysis of the alternatives to the proposed project; this will involve description of
alternatives and identifying a l t e r n a t i v e s t h a t w o u l d a c h i e v e t h e s a m e
objectives. Alternatives will be compared in terms of potential environmental impacts;
1.6.5 Reporting
In the entire exercise, the proponent and EIA experts contacted each other on the progress of the study
and signing of various documents. The proponent will have to submit ten copies of this report alongside a
Compact Disk to the National Environment Management Authority for review and application for an
EIA license.
All the materials and workmanship used in the execution of the work shall be of the best quality and
description .Any material condemned by the architect shall be removed from the site at the contractors
cost. Environmental concerns need to be part of the planning and development process and not an
afterthought. It is therefore advisable to avoid land use conflicts with the surrounding area through the
implementation of the Environmental Management Plan (EMP)
Plate 1:Trucks parked at project site Plate 2: Eld-Jua Kali road adjacent to site
2.1.8 Security
The proposed site is provided with iron sheets perimeter fence and a 24 hours security guard.
Plate 3: Residential houses in the neighbourhood Plate 4: Commercial building near site
adjacent to the busy Eldoret-Jua Kali road
The project design plans have been presented in the annex of this report. In summary the premise will
have the following facilities.
3.9.6 Plumbing
There will be installation of pipe-work for fuel conveyance from the USTs to the pumps. Plumbing
activities will include metal and plastic cutting, use of adhesives, metal grinding and wall drilling
among others.
3.9.7 Landscaping
To improve the aesthetic value or visual quality of the site once construction works ceases, the
proponent will carry out landscaping. This will include establishment of flower gardens and grass
lawns and will involve replenishment of the topsoil. It is noteworthy that the proponent will use plant
species that are available locally
preferably indigenous ones for landscaping.
3.10.6 Housekeeping
The cleaning activities will involve use of substantial amounts of water and detergents and which will
be done manually.
3.12 Responsibilities
3.12.3 Drivers.
Within the construction premises, the following traffic rules will be observed:
Observe speed limits and all other signs and obey traffic rules
Use the vehicle for the purpose to which it is intended only.
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3.12.4 Welders.
Workers carrying out welding activities will ensure that:
Welding clamps are fixed such that no current passes through any moving parts of any
machine,
Welding clamps are in good operating condition, and
Slag or molten metal arising from welding activities does not start up fires by.
Notify the workers that all is well when emergencies have been attended to.
Under this paper, broad categories of development issues have been covered that require sustainable
approach. These issues include the waste management and human settlement sectors. The policy
recommends the need for enhanced re-use/recycling of residues including wastewater, use of low non-
waste technologies, increased public awareness and appreciation of a clean environment. It also
encourages participation of stakeholders in the management of wastes within their localities. Regarding
human settlement, the paper encourages better planning in both rural and urban areas and provision of
basic needs such as water, drainage, and waste disposal facilities among others.
Environmental policies cut across all sectors and government departments. As such policy
formulation should be consultative steered by interdisciplinary committees
Under this paper, broad categories of development issues have been covered that require a sustainable
development approach. These issues relate to waste management and human settlement. The policy
recommends the need for enhanced re-use/recycling of residues including wastewater, use of low or
non-waste technologies, increased public awareness raising and appreciation of a clean
environment. It also encourages participation of stakeholders in the management of wastes
within their localities. Regarding human settlement, the paper encourages better planning in both
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PETROLEUM SERVICE STATION ELDORET-A.S.ENERGY LIMITED
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rural and urban areas and provision of basic needs such as water, drainage and waste disposal
facilities among others.
The Environment Management and Coordination Act (EMCA), 1999 provides for the establishment
of an umbrella legal and institutional framework under which the environment in general is to be
managed. EMCA is implemented by the guiding principle that every person has a right to a clean and
healthy environment and can seek redress through the High court if this right has been, is likely to be or
is being contravened.
Regulation 6 requires waste generators to segregate waste by separating hazardous waste from non-
hazardous waste for appropriate disposal.
Regulation 14 (1) requires every trade or industrial undertaking to install at its premises anti-pollution
equipment for the treatment of waste emanating from such trade or industrial undertaking.
Regulation 15 prohibits any industry from discharging or disposing of any untreated waste in any
state into the environment.
Regulation 17 (1) makes it an offence for any person to engage in any activity likely to generate any
hazardous waste without a valid Environmental Impact Assessment license issued by NEMA.
Regulation 18 requires all generators of hazardous waste to ensure that every container or package for
storing such waste is fixed with a label containing the following information:
The identity of the hazardous waste
The name and address of the generator of waste
The net contents
The normal storage stability and methods of storage
The name and percentage of weight of active ingredients and names and
percentages of weights of other ingredients or half-life of radioactive material
Warning or caution statements which may include any of the following as
appropriate-
The words WARNING or CAUTION
Regulation 19 (1) requires every person who generates toxic or hazardous waste to treat or cause to be
treated such hazardous waste.
During the construction of the project, the proponent is advised to ensure that the main contractor
implements the above mentioned measures as necessary to enhance sound waste management.
(Leq,14h)
Day Night Day Night
A Silent Zone 40 35 30 25
B. Places of worship 40 35 30 25
C. Residential: Indoor
45 35 35 25
Outdoor 50 35 40 25
D. Mixed residential
(with some
commercial and
places of
entertainment)
55 35 50 25
E. Commercial 60 35 55 25
T
Table 3: Maximum Permissible Noise Levels as per the First (1st) Schedule
Time Frame:
Day: 6.00 a.m - 8.00 p.m (Leq, 14 h)
Night: 8.00 p.m 6.00 a.m (Leq, 14 h)
Regulation 12 (1) makes it an offence for any person to operate a motor vehicle which- (a) produces
any loud and unusual sound; and (b) exceeds 84 dB(A) when accelerating. According to sub
regulation 2 of this regulation, No person shall at any time sound the horn or other warning device of
a vehicle except when necessary to prevent an accident or an incident.
Regulation 13 (1) provides that except for the purposes specified in sub-Regulation (2) there under,
no person shall operate construction equipment (including but not limited to any pile driver, steam
shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or
repair work so as to emit noise in excess of the permissible levels as set out in the Second Schedule
to these Regulations.
ii. Residential 60 35
iii. Areas other than those 75 65
prescribed in (i) and (ii)
Table 4: Maximum Permissible Noise Levels for Construction as per the Second (2nd) Schedule
Time Frame:
Day: 6.00 a.m. 6.00 p.m. (Leq, 12 h)
Night: 6.00 p.m. 6.00 a.m. (Leq, 12 h)
Regulation 16 (1) stipulates that where a sound source is planned, installed or intended to be installed or
modified by any person in such a manner that such source shall create or is likely to emit noise or
excessive vibrations, or otherwise fail to comply with the provisions of these Regulations, such
person shall apply for a license to the Authority. According to regulation 18 (6) the license shall be
valid for a period not exceeding seven (7) days
Regulation 19 (1) prohibits any person to carry out activities relating to fireworks, demolitions,
firing ranges or specific heavy industry without a valid permit issued by the Authority. According to
sub regulation 4, such permit shall be valid for a period not exceeding three months.
The project proponent is advised to comply with the above mentioned regulations in order to promote
a healthy and safe working environment including applying for a license to emit noise/vibrations in
excess of permissible levels from NEMA
The proponent is advised to acquire title deeds for the project site plots.
The proponent is advised to engage a contractor that is licensed by the National Construction Authority .
The proponent is advised to comply with this regulation during constriuction and operation
phases.
Under the Act, the Minister may declare an area to be a conservation area and direct that special measures
be taken for the conservation of ground water therein. Every person who has been using ground water in
an area declared to be a conservation area and who desires to continue with the use must obtain a permit
within six months of the order. It is an offence to disobey such an order.
Protection of water supply is clearly a critical issue under the Act. Once the Minister has appointed a
water undertaker to be responsible for control and distribution in a given area, there is a corresponding
commitment to ensure the security of the supply. Accordingly, whenever the Minister is satisfied that
special measures are necessary for the protection of a catchments area from which water is obtained; he
may declare such an area to be protected area. By order, the Minister may regulate or prohibit activities
within that area which may be contrite to the requisite conservation goals.
The proponent also proposes to put up public notices for the proposed development in a nation
wide circulating newspaper e.g. the People or the Star and also in the Kenya Gazette for a more
comprehensive public consultation.
Mitigation measures have been proposed and presented in the EMP in this report and the
proponent is advised to strictly adhere to the EMP to safeguard the members of public and
environment at large.
The project is expected to generate solid waste during its operation phase. The bulk of the solid waste
generated will consist of paper, plastic, glass, metal, textile and organic wastes. Such wastes can be
injurious to the environment through blockage of drainage systems, choking of water bodies and negative
impacts on animal health. Some of these waste materials especially the plastic/polythene are not
biodegradable may cause long term injurious effects to the environment. Even the biodegradable ones
such as organic wastes may be injurious to the environment because as they decompose, they produce
methane gas, a powerful greenhouse gas known to contribute to global warming.
(ii) Increased storm water flow
The building roof impervious sections of the forecourt will lead to increased volume and velocity of storm
water or run-off flowing across the area covered by the premise. This will lead to increased amounts of
storm water entering the drainage systems, resulting in overflow and damage to such systems in addition
to increased erosion or water logging.
(iii) Increased demand for sanitation
The project involves construction of a filling station. This which will lead to increased demand for
sanitation and sewage disposal.
(iv) Energy consumption
During operation a lot of electrical energy will be used mainly for various purposes including lighting
and running the dispensing pumps Since electricity generation involves utilization of natural resources,
excessive electricity consumption will strain the resources and negatively impact on their sustainability.
(v) Water use
The activities during the operation phase will involve the use ofsubstantial quantities of water.
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(vi) Forecourt services
Oil and fuel spills may occur during fuel handling. This can lead to contamination of ground water and
soil. Fire could result from ignition sources like cigarettes or electrical equipments. These can lead to fire
leading to loss of life/property
(vii) Underground fuel tanks
Fuel spills during offloading from tankers or fuel leakage from tanks may lead to ground water and soil
contamination. Accumulation of flammable gases may also lead to fire.
(viii) Oil interceptor
Grease and oil spills can lead to contamination of underground/surface water sources and soil. The oil
interceptor should consist of at least 3 manholes all functioning properly. The first manhole should be
used as a sediment trap whereas the last one for sampling. A pipe should connect the last manhole to the
open public drain outside the site. The manholes in between should effect the removal of oil and grease.
(ix)Water and Soil Contamination
Fuel and oil spillages during station activities including oil change during minor service can cause
hazardous soil and water contaminations.
7.1 General
In this Chapter, recommendations are provided to avoid or mitigate the negative impacts. Enhancement
measures that are considered essential to the overall project are also discussed. Mitigation measures are
summarized in an Environmental Management Plan (EMP) which is, basically, a synthesis of potential
negative impacts and proposed mitigation measures, responsibility and costs.
Ensure that wastage, damage or loss (through run-off, wind, etc) of materials at the construction
site is kept minimal.
Consider reusing building materials and use of recycled ones in order to reduce the amount of raw
materials extracted from natural resources as well as reducing impacts at the extraction sites
Insulate generators and heavy duty equipments or place them in enclosures to minimize high noise
levels.
The Environmental Management Plan for the proposed petrol service station provides a logical framework
within which identified negative environmental impacts can be mitigated and monitored. The EMP is a
very important output of this EIA report since it provides the framework or checklist for project
monitoring and evaluation. The EMP has been carefully considered for the entire project, taking
cognisance of project planning and design, construction, operation and maintenance, and
decommissioning. The EMP outlined below has addressed identified potential negative impacts and
mitigating measures of the proposed petrol service station and if its adhered to, its considered sufficient
to take care of environmental concerns and it shall be modified at the first environmental audit to
accommodate unforeseen impacts. It is noted that the costing are not assigned monetary values as they
will be quantified by a quantity surveyor for accuracy.
The EMP has been developed to provide a basis for an Environmental Management System (EMS;
ISO 14001 principles) for the project. It is noteworthy that key factors and processes may change
through the life of the project and considerable provisions have been made such dynamics. As such,
the EMP will be subject to a regular regime of periodic review.
Table below illustrate how EMP shall operate during construction, operational and
decommissioning phases of the project. The tables contain environmental impacts, mitigation
measures, a n d r e s p o n s i b i l i t i e s . Information in this EMP will be used in future annual audits to
verify if projected impacts were realized and the manner in which they were managed.
9.1 Recommendations
In previous section mitigation measures for the identified issues mentioned above has been detailed.
Ensuring proper mitigation measures are instituted will be the responsibility of the proponent.
The proponent will need to ensure the following:
Appropriate corporate policies and guidelines on environment necessary for smooth running of the
service station are in place.
To acquire all necessary approvals from relevant authorities including change of user, development
design approvals, etc.
To undertake Soil and water hydrocarbon baseline test analysis for samples collected from the site
at a NEMA approved laboratory before commencement of construction.
The staff are equipped with the necessary facilities and skills for effective management of their
safety, health and protection of the environment.
That the entire project implementation will not cause any unnecessary disruption to public utilities,
storm water/surface runoff drainage systems, ecological systems and human settlement. Whenever
any of these problems or any other impact highlighted in this report are anticipated, then the
management will take appropriate mitigation actions.
Air quality One sample over 24 hours, test As necessary to obtain conclusive
for VOCs results or annually
Water quality Ground water testing on PH, As necessary to obtain
TSS, TDS, BOD, oil and conclusive results or annually
grease As necessary to obtain
Effluent testing on PH,TSS, conclusive results or annually
TDS, BOD, lead, oil and
grease
Soil quality Pit excavation and analysis of As necessary to obtain conclusive
TPH lead. results or annually
Carry out annual environmental audit to ensure continued compliance with environmental
regulations under the national laws.
9.2 Conclusion
During the preparation of this report, it is observed and established that most of the negative impacts on
the environment are rated low and short term with no significant effect. The positive impacts are highly
rated and will benefit all stakeholders at large. The project proponent has proposed to adhere to prudent
implementation of the Environmental Management Plan. They have proposed adequate safety and health
mitigation measures as part of the relevant statutory requirements
It is therefore concluded that the proposed project will not compromise the well being of the neighbours,
area ecological and environmental conditions and will improve economic well being of proponent and the
country.
It is therefore recommended that the proposed project be approved subject the following
recommendations:-
(i) The proponent should make all the necessary efforts to comply with conditions set in the various
approvals and licenses issued by various authorities including Ministry of Lands, Physical Planning,
Health Department, Uasin Gishu County Government and Energy Regulatory Commission
(ii) Ensure implementation of the proposed mitigation measures and compliance with EMP during the
entire project cycle.
1. Kenya gazette supplement Acts Building Code 2000. Government Printer, Nairobi
2. Kenya gazette supplement Acts Land Planning Act (Cap. 303). Government Printer, Nairobi
3. Kenya gazette supplement Acts Local Authority Act (Cap. 265). Government, Printer, Nairobi
4. Kenya gazette supplement Acts Public Health Act (CAP. 242). Government, Printer,
Nairobi
6. Ministry of Planning and National Development, Nairobi District Development Plan (2004-
2008). Government Printer, Nairobi
8. Kenya gazette supplement number 68. Environmental Management and Coordination (Water
Quality) Regulations 2006. Government Printer, Nairobi
9. Kenya gazette supplement Acts 2000, Environmental Management and Coordination Act
Number 8 of 1999. Government Printer, Nairobi
10. Kenya gazette supplement number 56. Environmental Impact Assessment and Audit
Regulations 2003. Government Printer, Nairobi
11. Government of Kenya.1994. National Environmental Action Plan, Government Printer, Nairobi,
Kenya
12. Governments of Kenya. 1999. Environmental Management and Co-ordination Act Government
Printer, Nairobi, Kenya
13. Governments of Kenya.2002. Policy Paper on Environment and Development.
14. Governments of Kenya. 2003. The Environmental (Impact Assessment and Audits) Regulations -
Legislative. Supplements No. 31 of 13th June 2003. Government Printer, Nairobi, Kenya
15. Government of Kenya, 1999. National Policy on Water Resources Management and Development,
Sessional Paper No 1 of 1999, Government Printer, Nairobi.
18. The Energy (Licensing of Petroleum Retail Businesses) Regulations, 2011; http://www.erc.go.ke
19. Environmental Impact Assessment Project Report, NEMA/PR/5/2/118863, January 31st, 2014
,Tehilla Company Limited
APPENDICES
1. Development Plans
2. Lead Expert Practising Licence 2014