nigeria eee regulations 2011

7/23/2019 Nigeria EEE Regulations 2011

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Extraordinary

Federal Republic

of

Nigeria

Official Gazette

No . 5

Lagos - 25th May, 2011

Government Notice No

137

The following is published as Supplement to this Gazett

e

S.

I

No

23

Short Title

National Environmental Electrical/Electronic Sector)

Regulations, 2011

Printed and Published by The Federal Government Printe

r

Lagos, Nigeria

FGP7Sn201 1/400 OL47)

Vol. 98

Pa

ge

B 729-797

Annual Subscription from 1st J

anua

ry. 2011 is Local NI5 QOO.OO Overseas N21.500.00 Surface Ma il]

N24.S00.00 ISecond Class Air Ma il]. Present issue N3 SOO.OO per co

py.

Subscribers who wish to obtain

G l Z e t t ~

after

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st

Ja

nuar

y should apply 1 the Federal Government Printer, Lagos- for amended Subscr ip tions.


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-

NATIONAL ENVIRONMENTAL, ELECTRICALIELECTRONIC

SECTOR) REGULATIONS 2011

RR NGEMENT O

REGUL TIONS

REGULATIONS:

PART I ENERAL

PROVISIONS

1 Citation

2. Thrust.

3

Imp

ortation o Electrical Electronic Equipment EEE).

4 EEE Facility Requirements.

5 Emergency Response Plan.

6

Installation ofAnti Pollution Equipment.

7

Polluter Pays Principle.

S

Best Practices.

9 Best Practices in Infonnatio

n

and

Communication Technology Sector

10 Pollution Control Organisational System

11

Extended Producer Responsibilit

y

12 . Permit

s

13 Management o oil station and fuel dumps site.

14 Community Relations.

15

. Effluent Limitation Standard.

l6. Restriction on

the rel

ease of toxic effluent.

17 Treatment of Effluent.

I

S

Sludge Disposal.

19 Emission Standards

20

Priority Air Pollutants.

21 Burning of Fuels.

22 Treatment Technologies Pollution Abattement) for Air Emissions.

23 Noise Standards.

24 Noise Abatement.

25

Hearing Conservation Program.

26 Noise Monitoring.

87 9


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8730

PART SAMPLING PROCEDURES

27. Collection and analysis

of

samples.

28. Spot sampling for physical or chemical parameters .

29

Composite sampling for physical or chemical parameters.

30. Sampling for licence classification.

31. Sampling for other parameters.

32

Air sampling for analysis.

33. Noise Measurements.

P RT IlI-E-WASTE CONTROL

34. E-waste Handling.

35. RegistrationiLicensing/Approval.

36. Prohibition on e-waste .

37. Use of PPE.

38. Citizens Obligation.

39. Collection Centre/Recycling Plant operations.

40. Record Keeping.

41. Transit Permit.

42. Insurance Policy.

PART

IV-PERMITS

GENERAL PROVISION)

43. General Permits.

44

Permits.

45. Effective DatelValidity.

46

Transfer

of

Permits,

47. Permit Application Procedure.

48. Permit Terms and Conditions.

49. Permit Modifications.

50. Permit Revocation.

51. Property Rights.

52. Duty to Provide Information.

PART

V INDUSTRIAL

EFFLUENTI

AIR

EMISSION MONITORING

AND

REPORTING

53. Reporting Requirements.

54

. Authorized Signatory.

55. Monitoring Records.

56. Confidential Information and Public Access to Rec

or

ds

P

AR

T VI ENFORCEMENT

57. Enforcement Notice.

58. Equity.

59. Mode of Delivery.


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60. Enforcement Notice Reminder.

61. Suspension

of

Permit.

P RT VII -

OFFENCES

62. Offences.

63.

Contravention of Permit Condition.

64.

False Statement.

65. Failure

to

comply with abatement measures.

66. Failure to report.

67.

Discharge

of

effluent beyond permissible level.

P RT VIll-PEN LTY

68. Penalty.

P RT IX-M SCELLANEOUS

69. Recognition for Environmental leadership.

70. Interpretation.

SCHEDULES

Schedule I :

Schedule

:

Schedule

:

Schedule IV :

Schedule V:

Schedule

VI

:

Schedule VII :

Schedule VIII :

Schedule IX :

Schedule X:

Schedule XI :

Schedule

XII :

Schedule XIII :

Schedule XIV:

Schedule

XV :

Schedule XVI:

Schedule XVII:

Categories of

EEE

Covered by these Regulations;

Requirements for Importation of Used EEE ;

Guideline for Preparing Environmental Management Plan

EMP) ;

Guide Template for Emergency Procedures in EEE Facility;

Best Practices

Best Practices in Facilities Using Electromagnetic

Fields;

Organizational System and the Functions

of

Pollution

Control Manager s) ;

Guidelines for Extended Producer Responsibility Programme

Sludge Disposal Permissible Limit;

Effluents

from

Electrical Electronics Manufacturing ;

Air Emission Standards ;

Noise Standards OSHA) ;

Requirement for Approval

of

an EEE Facility;

Guidelines for Establishment of Facility;

Monthly Discharge Monitoring Report MDMR) [NESREA

Discharge Monitoring Report] ;

Classification ofChemicals According to Hazards.

Application Form for EEE Permit.

873


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S. I.

No. 23

of

2011

NATIONAL ENVIRONMENTAL ELECTRICAL ELECTRONIC

SECTOR) REGULATIONS

2011

In exercise of the powers conferred on

me by

Section 34 of the National

Environmental Standardsand Regulations EnforcemcntAgency Establishment)Act,

2007 and all other powers enablingme in that behalf,

I MR JOHN OOEY

Honourable

Minister, Federal Ministry of Environment , hereby make the following Regulations-

B7

[28 h April

2011]

Commence-

ment.

PART I GENERAL

PROVISIONS

1. These

Regulations may

be

cited as the National Environmental

Citation.

ElectricaVElectronic, Sector) Regulations, 2011.

2.- 1) The principal thrust of these Regulations is to prevent and Thrust.

minimize pollution

from all

operations and ancillary activitiesof the ElcctricaV

Electronic Sector to the Nigerian environment. These Regulations shall cover

both new and used ElectricallElectronic Equipment EEElUEEE).

2) These Regulations are based on life cycle approach and shall cover

all the aspects of the electricaUelectronic sector from cradle

to

grave.

3) The principles

of

these Regulations shall be anchored

on

the 5Rs

which are; Reduce, Repair, Re-use, Recycle and Recover as the primary

drivers of the sector and shall encompass all the categories and EEE lists as

specified in Schedule I to these Regulations.

3.-{ I) All new EEE imported into the country shall be functional and

have the date

of

manufacture inscribed on them and warranty indicated.

2) All EEE imported into the country or assembled in the country shall

have the Pin and Serial numbers inscribed on them.

3) Any body corporate or organisation intending to import new EEE

into the country shall register with the Agency.

4) All used EEE impcrted into the country shall comply with the provisions

as specified in Schedule II to these Regulations and shall

be :

a) of

comparative model

of equipment;

b)

fit for

purpose;

c)

functional and not

scrap;

d)

such that the outward/external appearance of the item does not

show any waste characteristics; and

e) Properly packaged for protection during transport, loading and

unloading.

Imp


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B734

EEE

FacililY 4.- 1)

Every EEE manufacturing, processing. operational, power

RequiremenlS. organisation (generation. transmission and distribution) and Waste Electrical

Emergency

Response

Plan.

Electronic Equipment (WEEE)/E-Waste facility sha ll :

_ a)

carry

out

Environmental Impact Assessment (EIA) for n

ew

projects

or o d i f t c ~ t i o n

including expansion of existing ones before commencement

ef activity;

- b)

submit to the Agency an Environmental Audit Report (EAR) of

existing facility every 3 years;

c) without prejudice to r e g u l a t i o n I b) of this Regulation, where a

body co rporate/organ i

sation

is

O

be decommissioned, transferred

or

alienated for any reason whatsoever, submit to the Agency an Environmental

Assessment Report for verification and approva ;

d) submit a right-of-way

Ma

intenance Plan to the

Agency;

and

e) submit to the Agency an Environmental Management Plan (EMP)

for existing facility, every 5 years as contained

in

Schedule III to these

Regulaions.

(2) Every body corporate

or

organisa tions shall apply up-tc-date, Best

Practicable Environmental option, Cl eaner Production and Green Technologies

to reduce pollution to a minimum

of

the national standards.

(3) All body corporate or organisations shall adopt energy efficiency

. 'measures to ensure resource conservation.

(4.) The

energy

efficient measures

adopted

by the fac ility shall be

elaborated in the EAR which is to be submitted to the Agency as stated in

regulation 4 I

b)

of this regulation.

(5) The National Standards for effluent

or em

ission limitations represent

minimum standarCls and different effluent standards

sha

ll be required based

on the condition of the receiving medium.

(6) Emphasis on environmental planning sha

ll

be to prevent andlor reduce

andlor eliminate pollutants at

SOUrce

and less emphasis shall be placed only on

end-of-pipe mechanisms.

(7) Every body corporate

or

organisation

sha

ll ad

opt

the principle of

5Rs which are Reduce, Repair, Re-use, Recycle and Recover, within two years

of the coming into force of these Regulations.

S_- I) Every body corporate or organisat i

on

shall plan and set up

machinery for combating pollution hazards and maintain equipment

in

the

event of an emergency.


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2) Every body corporate /organisation shall for

th

e purposes of sub

regulation I)

of

this regulation, have an emergency response plan and a stock

of

pollution response equipment which shall

be

readily accessible and available

to combat pollution hazards in the event of accidents such as accidental

discharges as specified in Schedule IV to these Regulations.

3) The owner

or

operator of a WEEE Facility shall prepare and put in

place a functional Emergency Response plan that describes the measures to

be taken in respect of the discharge of deleterious substance s); to prevent

any deposit s) and or discharges out of the normal course of events of such

substance s and to mitigate the effects of such deposit s) and or discharge s).

The emergency response plan sha ll include such details as specified in Schedule

IV

to

these Regulations.

6 . -

I) Every body corporate/organisation shall install anti-pollution

equipment for the detoxification/treatment of effluent and emission emanating

from their facility so as to meet the prescribed effluent and emissions standards.

2) The installation

of

anti pollution equipment made pursuant to sub

regulation 6 1)

of

this regulation shall be based on the Best Available

Technology BAT) or the Best Practicable Technology BPT) for such

substance s) and to mitigate the effects of such deposit s) and or discharge s).

The emergency response plan shall include such details

as specified in Schedule

IV

to

these Regulations.

7.-{

I) The Polluter-Pays Principle shall apply to every body corporate

or organisation that pollutes.

2) The collection, treatment. transportation and final disposal of wastes

shall be the responsibility of the body corporate/organisation generating the

wastes within the specified standards and guidelines.

3) In the event

of

an incident resulting in an adverse impact on the

environment whether socio-economic or health wise, the facility shall be

responsible for:

a)

the cost of damage assessment, control and clean-up:

b)

remediation : and

c)

reclamation and/or restoration.

B735

Installation

of anti

pollution

equipment.

Polluter

Pays-

Principle.

8.- 1) Implementation of cleaner production processes and pollution Be st

preven tion measures shall be employed to yie ld economic, social and Practices.

environmental benefits as specified in Schedule V to these Regu lations.

2) All EEE manufacturing, processing, assembling organisation or

corporate body shall apply new technologies arising from the elimination of

hazardous materials in many new-model EEE.


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B736

Best

Pra ct ices in

le

Sector

Po

ll

ution

Control

Organisational

System.

xtended

Producer

Responsibi

lity.

3) For any EEE manufacturing, processing. assembling organisation or

body corporate, pollution prevention measures shall focus on minimization

in

th

use of hazardous substances contained

in Schedule XVI to these

Regulations.

4) All damaged and disused equipment including wires, Cathode Ray

Tubes CRTs), metals, motors, transformers, plastics etc, shall be amenable

fo

r ecovery under Extended Producer Responsibility Program

by

NESREA

accredited Recyclers in an Environmentally

Sound

Manner ESM).

(5)

All waste from Electrical

Electronic product

assembly or

manufacturing with hazardous properties shall be clearly labelled and stored

separately from the general waste and contained in storage areas that are

chemically resistant before disposal in an environmentally sound manner.

9. In

Telecommunication

industry

or

body

corporate/organizations

deploying EMF in their operations shall emp loy best practices as stipulated

in

the National Environmental Standards forTelecommunications/ Broadcasting

Fac.iIities) Regulations 2011 in addition to Schedule VI to these Regulations.

10.- 1) Every body corporate or organisation shall put in pl

ace

organizational system

for pollution control.

t

shall assign a

qua

lified

Environmental Manager (EM)/Pollution Control Manager (PCM) who

oversees pollution control and prevention duties. The organizational system

shall be as specified in Schedule VII to these Regulations.

(2)

t

is

important

for the

capacity

of

PCMs

to be

continually

strength

ened

with the ultimate

goa

l

of attaining

the

Agency s

required

qualification and certification as specified

in

Schedule VB to these Regulations.

11.-{ 1) Every importer, exporter, manufacturer, assembler, distributor,

and retailer, of various brands of EEE products shall subscribe to an Extended

Producer Responsibility Program including the Buy Back as specified in

Schedule VIII to these Regulations.

2)

The

importers/distributor s for all EEE equipment traded

or

donated

to individuals, educational institutiQns, religious organizations. communities

or body corporate by whatever means, shall comply with sub-regulation (I)

of this regulation.

3) Manufacturers and Importers

of EEE

sha

ll

partner with the Agency

on the

Extended

Producer Responsibility Program within two years of

commencement

of

these Regulations

in

order to achieve the Buy Back Program

within a period

of

two years.

~ ~ ~ ~ ~ ~ ~


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(4) It shall

be

the responsibilities

of t he -

a)

manufacturers, Importers, Distributors or Retailers to take back the

end-of-Jife

EEE

and setup collection points/cenrres ;

b) manufacturers and producers of

EEE

to ensure Environmentally

Sound Management

of

e-waste from collection points

or

centres to NESREA

accredited recyc1ers ;

c) consumers to

return end-of-lif

e EEE to the co ll

ection points or

centres; and

d) a

ll

importers of new andior used

EEE

to pay an administrative cost

to

NESRE

to promote Environmentally Sound Management

of

WEEE.

B737.

12. -

I

All permits (notices, orders, consent

or

demand) shall be in

Permits

writing and as set

out

in the National Environmental (Permitting and Licensing

Systems) Regulations. 2009.

(2) A body corporate or organisation shall not undertake the following

wi thou t permit from the Agency:

a) discharge or cause to be discharged any effluent , or oil in any form

into water system, public drains,

or

underground injection and land; and

b) release hazardous or toxic substances into the water or land

or

airof

Nigeria S ecosystem beyond the permissible limits as specified in Schedules

IX and X to these Regulations.

13.- 1) There

shall not be contamination arising from leakage

of

surface/underground oil/fuel

or

chemicals storage tank likely to cause pollution

of the environment including surface water and groundwater.

(2) Every body corporate or organisation shall have an impermeable

b s ~ for any anci ll ary equipment and provide an appropriate bund wall in the

evert

of

any unanticipated discharge

or

spillage.

I

(3) Everybody corporate

or

orgamsatIOn with underground tanks and

fuel dumps

shall

be installed with leak detection equipment and sha

ll

be

regularly inspected for l

ea

kages to prevent seepage into ground water.

Management

of o

t

s

tat

ion

and fuel

dumps si te.

14. Every body

corporate or

organi sation shall have a sustainab le Community

community relations program as part ofdemonstration of complian

ce

with

her Relations.

Corporale Social Responsibility.

EFFLUENT LIMITATION

15.-

I) The National Env ironmental Standards in relation to effluen t

limitations for the sector shall be as specified in Schedule X

ofthese

Regulations.

(2) Any efflu

ent

shall be deemed to

be

non-compliant and polluted

if

:

Effluent

Limitation

Standard.


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8738

Restriction

on lhe

release

o

toxic

cfflut. nt.

Treatment

o

cfnucnt

Sludge

Disposal

a) the concentration of any of its parameters exceeds the permissible

limits as specified in Schedule X to these Regulations ;

b)

it does not comply with

th

e corresponding limit specified

in

the

fourth column in Schedule X

to

these Regulations, as the case may be ;

c)

it is discharged without pre-treatment.

(3) Effluent s described in sub-regulation (2)

of

this regulation shall be

trea

te

d

to attain the minimum standard as

specified

in

Schedule X

to

these

Regulations before discharge.

16.- 1) A body corporate or organisation shall not discharge effluent

oil

onto

land into a

watercourse or

into a water body

unless the body corporate

or organisation ensures that the p

arameters o the

effluent does not exceed the

permissible limits specified

in

Schedule X to these Regulations.

(2) Notwithstanding sub-regulation I) of this regulation, any body

corporate or

organisation

using an inftluent.

shall ensure that

the concentration

or value

o

any

o the parameters o the

effluent conforms

to the

prescribed

standard specified

in

Schedule X to these Regulations.

17.- 1) Every body corporate or organisation

shal l -

a) carry out effective treatment

of

effluent ll the time that the facility,

plant or unit is

operating;

b) ensure the Environmentally Sound Management

of

sludge

in

accordance with relevant Regulatory Authorities standards;

c) ensure the treatment and disposal of toxic organics contained in both

effluent and sludge in a manner approved by the

Agency;

d)

ensure that effluent is not diluted to achieve the standards specified

in Schedule X to these Regulations.

(2) Body corporate or Facilities generating effluents that contain toxic

organics shall employ best practicable technology to effectively destroy

or

remove toxic organics and the resulting residue shall be disposed

of

in

n

environmentally sound manner as prescribed by the Agency.

18_- 1) A body corporate or organisation shall not discharge sludge

directly into any water body.

(2) Any discharge to any part

of

the environment

is

prohibited except

under a sludge disposal permit.

(3) Sludge disposed onto land shall be classified and none

of

its

components shall exceed the specified limit in Schedule X

to

these Regulations.


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4) Any sludge beside purely

dome

stic

or

organic sludge and purely

agricultural Organic) sludge will be treated as hazardous waste and subject

to the provisions

of

the Harmful Waste Act Special criminal Provisions) Cap

HI LFN, 2004.

5) Hazardous Sludge shall

be

treated and disposed

of

in a secure landfill

approved by the Agency.

EMISSIONS

19. Every body corporate

or

organisation shall comply with the specified

Air Emission Standards in schedu le Xl to these Regulation s.

20.-(1)

Every body corporate or organisation with any source or

potential source

of

emission shall

be

required, to measure the emission

of

every priority air pollutant emitted there from and to develop and implement

a plan 0 control such emission

in

accordance with the Standards as specif ied

in Schedule XI to these Regulations .

2) Every body corporate or organisation shall be required to report the

emission data, sources

of

emissions and undertake emission reduction in

accordance with the implementation plan which shall be reviewed every three

years by the Agency.

3) Every body corporate

or

organisation shall ensure that it measures

the odour detection threshold and the odorous dilution ratio of

the working

environment or

emissions. The dilution method

of

testing odours shall adopt

American Society forTesting Materials ASTM)

or

any other method as may

be specified by the Agency to safeguard the health

of

the workers.

21.- I) A body corporate or organisation shall not burn, or be permitted

to burn light fuel oil containing

over

0.5

p e r ~ n t

sulphur by weight as fired in

an existing source

or in

a new source.

2) A body corporate

or

organisation shall not burn,

or

be permitted to

burn medium fuel oil containing

over

1 1

percent sulphur by weight as fired.

3) Notwithstanding the provisions

of

sub-regulations

(I)

and 2)

of

this

regulation, heavy fuel oil with no more than 3 sulphur may be burnt at a

new

or

existing body corporate

or

organisation with new fuel combustion

sources

or

a combination

of

new and existing fuel combustion sources

if:

a) one or

more

of

such sources operate in a manner that sulphur

dioxide is absorbed by coming into contact with the product

or

with a

scrubbing device

or other material;

and

8739

Emission

Slandards.

Priority Air

Pollutants.

Burningof

Fuels.


12/70

B740

Treatment

Technologies

Pollution

Abatement)

for

Air

Em issions.

Noise

St

andards

Noise

Abatement.

e ring

Conservmion

Program

Noise

Monitoring.

b) the actual total sulphur dioxide emissions from the entire

body

cor

porate

or

organisation are less t

ha

n the allowable sulphur dioxide

emissions.

22.- 1)

Every

body

corpora te or organisalion which discharges gaseous

substances sha

ll

reduce such to the permissible limits as specified in Schedule

XI

to these Regulations using appropriate treatment technologies.

2) Reduction shall be achieved through

th

e use of appropriate pollution

abatement technologies for minimizing the release of significant pollutants to

the air including the following:

a) stack gas scrubbing. carbon adsorption

or

combustion for toxic

organics) :

b)

bag houses for particulate matter removal) ;

c) biological

filters; and

d)

cyclone,

or

any other appropriate technology.

NOISE

23. Noise standards shall be subject to the National Environme ntal

Noise Standards and Control) Regulations, 2009.


or

organization shall evaluate its installations

and ensure

that

routine controls are sufficien t to prevent risks

of

noise pollution.

25.-{1 ) Every body corporate/organisation in the sector shall administer

a continuing. effective hearing co nservation program. whenever employee

noise exposures equal or

exceed an 8-hour time-weighted average sound level

TWA) of90 decibels measured on the A scale slow response) or, equivalent

to a dose of 80 as stipulated by Occupational Safety and Health Act, Laws of

the Federation

of

Nigeria 2004, OSHA 18001 as specified in Schedule XIl to

these Regulations.

2) For purposes of the hearing co nservation program, employee noise

exposures shall be computed, regardless of the provision and the use of

Personal Protective Equipment.

3) An 8-hour time weighted average of90 dec ibels shall be referred to

as the act ion level.

26. Monitoring shaH be repeated whenever a change in production.

process, equipment

or

control, increases noise exposures to the extent that:

1) additional employees may be subjected to

ri

sk at the action l

evel;

or


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2) the attenuati on as a result

of

hearing protectors being used by

employees may be rendered inadequate to meet requirements

of

sub-regulation

I)

of

this regulation.

PART SAMPLlNG PRO EDURES

27. For the purposes

of

determining lice nse classification and license

compliance, the body corporare or organization in

th

e sector sha ll examine

samples according to standard analytical methods

in

a laboratory accredited

by the Agency and Federal Mi

ni

stry

of

Environment.

28. A spot sample for the purpose

of

analysis for all the tests including

oil and grease, dissolved oxygen, pH, chlorine and sulphide shall be taken as

follows:

a)

the whole sample volume

is

to be taken at one time, at the point

of

discharge or,

if

the discharge has stopped, at the nearest practicable

point within o ne kilometre upstream and downstream

of

the point

of

discharge ; and

b)

The sample shall be analysed immediately after collection where

possible but not later than 24 hours after taking the sample and the whole

sample volume shall be used.

29. A co mposite sample for the purpose

of

analysis for all tes ts other

than those for temperature and

pH

sha

ll

be taken by combining individual

sam

pl

es

as

follows:

a)

a minimum

of

five samples

of

equal volume

of

not less than 500 ml

each shall be taken at the point

of

discharge or, if the discharge has stopped,

at the nearest

practicable

point within

one

kilome tre

upstream

and

downstream

of

the point

of

discharge, at approximately equal intervals

of

time over a minimum period

of

four hours within any 24 hour period;

b)

two of the composite samples, collected when the discharge has

been stopped, will be used

to

prove the source and extent

of o u t ~

c) h

e samples

sha

ll be kept as cool

as

at s ite condi tions licence.

Sample analysis

sha

ll com mence not lat

er

than 24 hours after taking the

last

sa

mple;

and

(d)

where the discharge has stopped or is intermittent , two grab samples

shall be

co

llected at the nearest practicable point within one kilometre

upstream and downstream each of the point of discharge.

30. The whole volume

of

spot samples for further laboratory analysis

shall be taken at one time at the point

of

discharge.

B741

Colle(; tion

and analysis

of samples.

Spot

sampl

in

g for

physical or

chemical

parameters.

Composi te

sampling for

physical or

chemical

parameters.

Sampling fo r

licence

classification.


14/70

B742

Sampling

fo

r

olher

parameters

Air Sampling

for Analysis

31.

Where

fu

ll laboratory faci li ties do not exist on

th

e site,

or

in the

absence

of

a ca librated Dissolved Oxygen (DO) meter, the oxygen in the

sample may be "fixed" at the time

of

sampling by adding any of th e following

reagents; I ml

of

manganese 11) sulphate followed by I ml

of

alka li- iodide

azide solution, alkaline az ide. sulphuric acid. permanganate, oxalate.

manganous sulphate and alkaline iodide) or any other approved scientific

method provided that:

a) the stopper

of

the sample container shall be replaced and the solution

shall be well mixed by shakin

g;

and

b)

the remaining steps shall

be

carried out later in the laboratory.

32.- 1)

Measurements of air quality parameters shall take place at any

fac ility, downwind and upwind.

(2) Measurement oftotal suspended particulate sha

ll

be by gravimetric

method using air sampler

or

by any other recommended scientific method and

the following shall be observed:

a) a three sampling period (morning 8- 1Dam, afternoon 12-2pm and

evening 4-6pm) sha

ll

be

adopted;

and

b) the heavy metals level of total suspended parti

el

ilate sha ll be

det

ermined us

ing

any

referenced st

an

dard

m

et

hod

using

at

omic

absorptio

n

spectromet

er

(3) Gaseous pollutants shall be measured in a manner as may be

approved by any

of

the following ways:

a) passive sampling method shall require

th

e submission

of

ana

ly

sis

certificate along with results.

b)

a three sampling periods (morning 8- 1

Dam

, afternoon 12-

2p

m and

evening 4-6pm) shall be ado

pted.

c) active sa mpl ing for NOX shall use the Saltzman

or

any other

recommended standard method ;

cl) active sampling for S02 shall use the West-Gaeke, hydrogen peroxide

conductimetry or any other recommended standard method.

e)

active sampling for hydrocarbons shall use the adsorption on activated

charcoal method; and

j) continuous sampling of any gaseous air pollutant shall use instrument

with detect ion range accommodating the maximum allowable limit o

measured parameter. Measurement shall last for at least I hour

in

every

sampling location.


15/70

874j

33.- 1)

Noise levels sha

ll

be measured with in strument having both A

Noise

and C weighting, a resolution not more th

an

0.1 dB and fast Is l

w

responses.

Measuremelts.

2) Measurement shall be taken at least 3 meters from any balTier

or

other sound reflecting sources, al about 1.2

1.5

meters above ground l e v e

working platform and shall last for at least 10 seconds.

3) Dayti me 07:00 -

22:00

) and night time 22:00 - 7:00) measurements

shall be taken at the fence line of any facility.

P RT III ~ - W A S T E C O N T R O L

. 34 .- ) Every importer and technician involved in repair, disrr.antling

and re-assembling)

of

used

EEE

shall ensure that e-waste is handled

by

a

person and or body corporate regi stered to do so

by

the Agency.

2) End-of-Iife, unusable or unserviceable EEE are prohibited from being

impol1ed into Nigeria.

3) The importation of

Cathode

Ray Tubes CRT) into the country is

banned.

4) Every person,

b o d y ~ c o r p o r t e o r o r g n i s l i o n

in charge of a co

ll

ection

centre shall ensure that e-waste :

a)

are

not sto red IOnger than one year onsite ;

b) are not disposed

in

trash receptacles or at a d u m p ~ s i t e and

or

I

andfi

il ;

c)

co

ll

ec ted for recycling are transported to

th

e designated

r e c y c l i n g ~

centre;

and

d) open burning is pro

hi

bited .

5) Every body corporate or

organisation shall ensure that the facility is

maintained

in

a clean and orde rly condition;

6) Operator of ~ w s t e collection centers and transporter to recycling

plants shall :

a)

maintain co

pi

es

of all e ~ w a s t e manifests and/or receipts and

copies

sha ll be made available for review during an in spect ion visit by officers of

the Agency;

b) forward a copy of the e ~ w a s l e manifes

ts 10

the Agency within 30

day s of waste rem

oval;

and

c) sign co pies of the e - waste manifest.

7) Every body corporate or organisation, which ge nerates

e ~ w a s t e

sha ll separate such at source from o ther wastes streams.

E ~ W a s

Handling.


16/70

B744

Regi

slr.ltion/

Licensing

Appro\lal.

35. Every body corporate or organisation intending

to

establ

is

h e-waste

collection

ce

ntre or recycling plant s

hall

:

a)

register with the Agency; and

b)

Provide information for approval to operate the faci lity as specified

in Schedule XIII to these Regulations.

Prohibition

36.- I) A person or

body

corporate or organisation

shall not

discard

on e- waste

. and

or throw

and

or

drop any e-was le anywhere

except

in

designated

bin,

collection cen tre and or point ;

Use of PPE.

Citizens

Obli

gation.

Co

ll

ection

Cenlre/

ecycling

Plant

operations.

ecord

keep ing.

2) Every operator of a facilit

y

technician, assemb lers or scavengers of

e-waste s

hall

practice Environme ntally So

un

d Management ESM) of e-waste

and sha

ll

not:

a)

burn e-waste in the Nigerian environment;

b)

dispose of e-waste along side domest ic and/or municip

al

waste;

c)

dispose e-waste at dump site. land-fill site, water body, etc ;

d)

break Cath

ode

Ray Tubes CRTs). in an unso und environmental

manner;

e) release Chl orofluorocarbons CFCs) from fridges and other coqiing

systems; and .

f)

leach precious metals with acids and other hazardous waste from

Printed Wire Boards PWBs)

or

Printed Circuit Boards PCBs).

37. Every body corporate or organisation involved in

th

e handling

of

e

waste shall

ensure

that the technicia ns, repairers or sc

avenger

s wear

appropriate Personal Protec

ti

ve Equipment PPE).

38. t shall be the responsib

il

ity

of

individual,

of

persons, body

corporate, to :

a)

report any

fly

tipping and disposal of e-wastes in

an

undesignated

location to the appropriate authority; and

b) incorporate sound environmental care in their day to day activit ies.

39.- 1)

Any body corporate or ~ r g n i z t i o n operating an e-waste

recycling plant shall comply with the requirements specified in Schedule XJU

to

th

ese Regulations;

2) Any owner or operator of e-waste collec tion centre or recycling

plant shall comply with the guidelines as spe cified in Schedu le XIV to these

Regulations. .

40.- 1)

Every producer or importer of EEE. shall keep records and

furnish the Agency in writ

in

g of the quantity of all EEE which has been imported

in the preced ing year into the country by the

31

st of March of every year.

~

= = = = = = = = = = = ~


17/70

(2) An operator

of

any collection centre and recycling plant sha ll keep

records and furnish the Agency

in

the prescribed format quarterly

af

the quantity

of e-waste rece ived and the quantity recycled and shall keep suc h records for

a minimum period

of

5 years.

B745

41.-{I

A person shall not export or transit e-waste without a valid Transil

trans-boundary and movement permit issued from the Federal Mini stry of Permil.

Environm

ent.

(2) An export permit issued under these Regulations shall relate to the

specific export transactions and sha

ll

not be valid for any subsequent export

transactions.

42. An appli

can

t for a permit issued under these Regu lations sha

ll sa tisf

y In

sura

nce

th

e Agency that he has subscribed to appropriate insurance policies for the

applicant s staff and the public covering risks

like

ly to arise, o

ut

of

th

e ac tivity

fo r which the license is required.

PART V P

R

ITS (GE.NERAL PROV ISION)

43.- ( I) Procedures for for permits and revocation

of

such permits

where they have already been issued shall be

as

provided in the National

Environm e

nt

al (Permitting

&

Licens

in

g System) Regulation s, 2009, S.I.29.

(2 A permit is designed to allow

th

e holder

th

ereof to conduct at.:tiv ities

listed n thi s permit only after strict compliance with conditions and app licable

effluent limitation

s.

The permit explicitly states what

nc

tiv

iti

es shall be unlawful

without a permit.

(3) Every body corporate or organisation

in

volved

in

EEE manufacturing,

processing, recycling, e-was te co llection, power (generation, transmission,

di

stribution), br

oa

dcasting and te ieco mmpnications sha

ll

obtain permit from

th

e Agency as relevant to the organisation and such permits shall be in

th

e

fo rm

at conta

in

ed in Schedule XV

IJ

to these Regulations and shall in

clude:

a) EEE import permit;

b) EEE export permit;

c) E-waste Collection centre Permit;

d)

E-waste Recycling Permit;

Ce

In sta llation/Operation

permit;

j)

Industrial/Commercial discharge permit; and

g)

Sludge disposal Permit.

44. A permit shall become effective from

th

e day of issuance and shall

expire on December 31st

of

the second year and shall thereaft

er

be renewable

once in every two (2) years.

Permit

s

Ge

n

era lly.

Effective

Date

Validity.


18/70

87 6

Transfer of

Permits.

Permit

Application

Procedure.

Permit

erms

and

Conditions.

45.- 1) A permit whether Industrial, Commercial Discharge, EEE

, Import, sludge disposal installation or operation shall not be transferable without

the consent of the Agency.

(2) A permit holder shall notify the Agency not later than sixty (60) days

before any proposed

change

in

ownership.

(3) The new

owner

shall be responsible for completing the process of

transfer

of

a permit required by the Agency.

46. Upon receipt of necessary information and the appropriate permit

application fees, the application shall be processed by the Agency.

47.- 1)

Every Permit sha

ll

be subject to all the provisions of these

Regulations and all other rules, regulations. user charges and fees, which are

in effect

or

which may be made by the Agency.

(2) The following terms may be imposed

y

the Agency in the issuance

of

the Industrial/Commercial Discharge Permit:

a)

a limitation upon the quality

of

wastewater. volume of wastes, and

the rate

of

flow discharged from the facility;

b)

notification shall include the hazardous wa tes constituents, their

numbers the total volume, type

of

discharge (batch or continuous), and

rate of flow

of

the discharge ;

c)

all notifications must take place within

60

days

of

the effective date

of this Regulation for existing and any new facility that commences operation

after the effective date of this Regulation; and

(d) in the case

of

any notification made pursuant to paragragh b) of

this sub-regulation, the Permit holder shall furnish the Agency with the

facility's program [ reduce th e volume and toxicity

of

hazardous waste

generated.

(3) The Permit holder shall submit plans and specifications for any of the

pollution abatement equipment required to be installerl and maintained to the

Agency for approval.

(4)

The

Permit holder shall install and maintain,

at

the Permit holder's

expense, the following:

a) equipment for intermiltent

or

continuous measurement

of

flow,

radiation, or other wastes discharged; '

b) retention tanks or other equipment for reducing the maximum rates

of discharge ;

c)

pre-treatment and fl ow

co

ntrol

equipment;


19/70

d)

control sampling manhole s) where

applicable

e)

grease traps for removal of oil and

grease

f) oil/water separators; and

g) air pollution control equipment.

5)

The

Permit holder shall maintain appropriate records of all

measurements of flow of industriaVcommercial wastes, or

other wastes

specified

by

the Agency.

6) The permit holder shall be responsible for all materials leaving their

site for further processing/reuse

in

industry and shall ensure and demonstrate

at all times that any facility that undertakes further processes wherever they

maybe located globally are adequately licensed where appropriate and operate

to internationally acceptable standards.

7) The Agency shall put in place any other terms and conditions, as the

need may arise, to fulfil the intents and provisions of these Regulations.

87 7

48.-

1

A Permit holder proposing to make any change in its discharge Permit

volume

or

quality, shall apply for a permit modification at least ninety 90)

Mo:Iifications.

days before making any changes subject to approval.

2)

The

terms and conditions

of

an Industrial/Commercial Discharge,

EEE import, Sludge disposal and installation Permit may

be

subject to

modifications and changes by the Agency during the validity period of the

permit.

3)

The

Permit holder may be informed

of

any proposed changes in the

permit at least thirty 30) days prior to the effective date of changes and shall

be granted thirty 30) days to submit written comments to the Agency on any

changes in the permit.

49. A permit can

be

revoked or terminated in the public interest.

Permit

50. A permit does not convey any proprietary rights of any sort,

or

any

exclusive privilege.

.-

51.- 1) The Permit holder shall furnish the Agency. within a reasonable

time. with any information which the Agency may request to determine whether

cause exists for modifying, revoking and re-issuing,

or

terminating the permit

or

to determine compliance with the permi t.

2) The Permit holdershall also furnish the Agency, with copies of records

required to be kept in respect of the permit.

Revocation

Property

Rights.

Duty to

Provide

Informalion .


20/70

B748

Reporting

R

equirements

P RT V INDUSTRI L EFFLUENT MONITORING ND

REPORTING

52.- 1) A Permit holder. sha ll subject to categorical standards. comply

with reporting requirements under the Agency's Permi t including (but not limited

to) Incidence Report and Monthly Effluen t Data Sheet

by

submitting these

documents to the Agency's Field Offices.

(2) The Permit holder shall submit to the Agency quarterly, a description

of

the nature,

co

ncentration and flow

of

the pollutants in the Monthly Effluent

Data Sheet required to be reported

(3) The report shall be based on sampling analysis performed in the

period covered by the report .All reports shall

be

in

compliance with the format

as

in

Schedule XV to these Regulations.

(4) The Permit holder shall report al l sample results for parameters

li

sted

on the Effluent Limitations and Monitoring Requirement, on the Industrial

Commercial Discharge Monitoring Report forms as

in

Schedule XV to these

Regulations.

(5) The Permit holder sha

ll

install moni lOring equipment to facilitate

accurate observation, sampling and measurement

of

the quality of waste

discharges as required by the permit. The equipment shall be in working order

and accessible to all authorized offic ials at all times. A permit holder who

di scharges emuents sha

ll

have in place-

a) Flow meters

b) Point Inspector Chambers

c) Recording Apparatus

d) Sampling Test PointsfPoints of

In

spection

(6)

The

Permit holder discharging

or

proposing to discharge effluent to

a general

sewer

or treatment plant sha

ll

maintain the following:

a) records of production,

b) water consumption and di scharge flow records,

c) com

plete monitoring records as specified in these Regulations

d) process monitoring records,

e) incident reports,

if

waste handling r

ecords;

and

g) any other records necessary to demonstrate compliance with these

Regulations.

(7) The Permit holder shall be requ ired to report to the Agency if the

Permit holder:

a) Commits a serious violation in any month ;


21/70

b)

fails to submit a completed Monthly Effluent Data

Sheet;

c) exceeds an effluent limitation for the same pollutant at the same

discharge point source by any amount for four out of six consecutive

months; and

d)

Discharges pollutants to the Environment, including any sludge

laadings.

87 9

53.- 1) The Permit holder shall sign the report referred to in sub Aulllorized

regulation (7)

of

RegulatioIl52 and attach a copy of the Certificate of analysis

Signatory

from the Agency s accredited laboratory.

(2) Each report must be signed by the appropriate officer.

(3) The report shall include the following certification statement:

I certify that this document and all attachmellts were prepared ullder

my direction or supervision in accordance with a system designed to

assure th t qualified personnel properly gathered alld evaluated the

information submitted. The information herein submitted is 10 the best

of my knowledge and belief, true, accurate, and complete.

54. Monitoring records shall be made available to the Agency, and shall

be retained for a minimum

often

(10) years and throughout the course

of

any

pertinent litigation thereafter.

SS

. Public access to records shall

be

governed by the NESREA Act.

Effluent constituents and characteristics, however, shall not be recognized as

confidentiaJ information.

PART VI-ENFORCEMENT

56.- 1)

An enforcement notice shall be served

if

Ihe Agency is

of

the

opinion that an operator has contravened, is contravening or is likely to

contravene any condition

of

a permit.

(2) An enforcement notice shall:

Iio

a)

specify the matters constituting the contravention or the matters

making it likely that the contravention will arise, as the case may be ;

b)

specify

the

steps that must

be

taken to remedy the contravention

or

to remedy the matters making

it

likely that the contravention will arise, as

the case may be ;

and

c)

specify the period within which those steps must be taken.

Moniloring.

Records.

Confidential

In f

ormation

and Public

Access to

Records.

Enforcement.

Notices.


22/70

8750

EquilY

Mode of

delivery.

Enforcement

n

otice

Reminder

Suspension

of

Permit.

Offences

(3) The provisions of sub-regulation (2)

a)

of this regulation shall apply

whether

or

not the particular manner of operat

in

g the faci lity in question, is

regulated by

or

contravenes a condition of the permit. .

(4)

An

officer

of

the Agency may, in the course

of

his duty under these

Regulations, at any reasonable time:

a)

enter and search

any

premises or facility

to

take samples or specimen

for analysis, and measurements

in

length and/or of level of standards to which

these Regulations relate and

Cb

seize and detain for such time as may be nece

ssa

ry for the purpose

of

these

Regulations any article

y

means

of

or

in relation to w

hi

ch he

reasonably believes any provision of these Regulations has been contravened.


or

organisation shall be given equ

al

treatment

without preferenceas far as inspection and e

nf

orcement of relevant laws are

co ncerned.

58. An Enforcement notice sha ll

be delivered by hand, registered post

or courier, newspaper publication

or

past

in

g at the address of (he owner

or

occupant of the premises.

59. Where a person fails to comply with enforcement notice wi th in th e

specified period as contained under sub-regulation 2) o f regu lation 56 of these

Regulations, a

seco

nd notice shall be served. '

60.-

I) Where a person fails to comply with the second e

nf

orcement

notice within the specified period as contained therein; a suspension notice

sha ll be served

or

any other punitive ac tion as may be necessary.

(2) Where a suspension notice is served pursuant to these Regulations

the permit shall, on the service of such notice

cease

to have effect as stated

in

the notiCe .

.(3) The Agency may withdraw a suspension notice after verification of

comp

li

ance .

(4) Notwithstanding the provi sions of these Re:gulations, the Agency

shall have the pow

er

to ent

er

and sea l any facility contravening any

of

the

pr

ov ision of these

Re

gulation s

PART VII OFFENCEs

61.- 1) a) It shall be an

offe

nce for a person to import end-of-life.

unusa ble

or

-unserviceable Electr ical Electronic Equipment into the

co untry;


23/70

b)

it shall be an offence for a person to import Electrical

EI

.ectronic

Equipment or manufacture any Electrical Electronic Equipment without

registration with the Agency; and

c) it shall be an offence for a person to import Cathode Ray Tube into

the country.

2) It shall be an offence for a person to manufacture, import, assemble,

or distribute Electrical Electronic Equipment or operate Electrical Electr


24/70

8752

F3[se

statement.

Failure

10

comply

willl

abatement

measures.

c)

with any requirement imposed by a notice served by the Agency

without reasonable excuse.

63.- (1)

It

sha

ll

be an offence to make a statement which is known to

be false

or

misleading particularly, where the statement is made:

a)

in

purported compliance with a requirement to furnish any information

pursuant to the provisions of the se Regu lat ions;

b)

for the purpose of obtaining a permit for the body corporate

organisation for variation , transfer or surrender of a permit;

c)

to intentionally make a false entry in any record pertaining to the

per

mit ; and

d) with intent to deceive, to forge or use a document issued or authorized

to be i ued under any condition of a perm

it

(2) h shall be an offence to make a statement or have in possession a

document that is likely to mislead or deceive the Agency,

64.- 1) It shall be an offence if a person, body corporate

or

organisation

fails to:

a)

take reasonable measures to remove

or

otherwise treat and dispose

of any effluent to minimize adverse

effects;

b) take measures required by the Age ncy after unauthorized release

of

effluent ;

c)

remed

iate the

environment

to the standard prescribed by the

Agency

d)

furnish all information to the inspector;

e) rem

ove

equipment containing materials causing release ofpo

Jlu

tan ts

into the environment from place when requested by

inspector;

if produce document when requested by

th

e inspec

tor;

g) comply with the guidelines with respect

1

handling, storing and

transporting

of

any effluent; and

/1) Ensure the use

of

Perso nal Protec tive Equipment PPE) while

handling, stori ng. treating, or disposing of waste,s '

(2) It shall also be an offence if a body corporate or organisation :

a) handles effluent in a manner which causes adve rse

effect

to human

health and the

environment;

b) knowingly obstructs

th

e inspectors from performing heir duties;

c) dismisses,

suspe

nd s or

sa

ncti ons em p loyees who

report

any

contravention

of

the Act ;

,r


25/70

d) imposes penalty on any employee who reports cases

of

contravention

of

these Regulations to the

Agency;

e) transports, any effluent and sludge which is not covered by a

manifest ; .

j )

transports effluent and sludge which are not completely enclosed,

covered and

secured;

and

g)

transports hazardous

ef

fluent and sludge in bulk without prior

authori zation from the Agency.

65. It shall be an

of f

ence

if

a person

fai

ls

to

:

a) maintain records of all discharges ; or

b) file quarterly and annual reports

of

all discharges.

66. It s.ha ll be an offence for a person to :

a)

release effluent and sludge into the environment beyond the

permissible level ;

b) fai l to report release

of

effluent and sludge into the environment in

excess of permissible leve l as contained in these Regulations;

(c) fail to take reasonable measures to prevent , reduce or remedy the

adverse effect

of

effluent, slud

ge

and emissions released into the environment.

P

AR

T VI

PENALTY

8753

Fail ure to

repo

rt

.

Discharge

or

efn uent

eyond

pennissible

level.

67.-- 1 ) Any person who violates the provisions ofregulation 6 1 sub- Penalty.

regulation I)

a)

of

these Regulations co mmits an

of

fence and

,11

111

. In

conviction be liab le to a fine not exceeding

Fi

ve hundred Thou

s


26/70

875

Recognition

fo

envimmrenlal

leadership.

inlerprelnlion.

PART

IX-MISCELLANEOUS

68. Any body corporate or organisation that demonstrates environmental

leadership, adopts environmental

ly

responsible practices, demonstrates

commitment to environmental quality and maintain exemplary environmental

compliance records shall

be

recognized and encouraged by the Agency_

69. In these Regulations. unless the context otherwise requires:

Acl means the National Environmental Standards and Regulations

Enforcement Agency ( Establishment)

Act

2007 ;

Agency

means the National Environmental Standards and Regulation s

Enforcement Agency (NESREA) ;

Air Emission means any emission

r

entrainment process emanating

from a point, non-point

or

mobi le

so

urce res ulting in

air

pollution ;

Air pollution

means any change in composition of the air caused by

smoke. soot, dust including Fly-ash),

cinders,

solid particle

of

any kind,

gases,

fumes

, aerosols and odorous

substances;

Ambiem Air

means air

occurring

at a particular time and place out

of

st ructure

;

Anc illary Equipment means

pieces

of

equipment including batteries,

memory devices, chargers used with

EEE

listed in these

Regulations;

Appropriate authority

means, for the

purposes

of any provision

of

these Regulat ions relating to the

exercise of

the functions

of

the appropriate

authority

in

Nigeria, NESREA and

ot

her relevant Environment

Agency;

Asselllbler

means a person

or

group of persons who bring, fix together

separate

parts

of

Electrical Electronic

Equipment;

uthorised treatmelll faciliTY means

any

facility operated

by an

establishment or

undertaking carryi ng out tr

ea tment

and which is licensed

or

otherwise permitted under or by virtue

of

any legislati

on

made in Nigeria,

as stated jn the regulations;

Best Available Technology (BAn

means an emission limitation based

on

the

maximum

degree of emission r

eduction

which (cons

isting

energy,

environmental and

economic

impp.ct and other costs) is achievable through

application

of production processes and available methods, sys tem s, and

techniques;

Body corporate means

an artificial person with perpetual succession

and

common

seal

and

may

sue and be sued

in its

corporate

name;

Cathode Ray Tube (CR7)

means a vacuum tube

containing

an electron

gun and a fluorescent screen, with internal

or

external

means

to accelerate

and

deflect

the electron beam, used to create

images

in the form

of

light

emitted

from the fluorescent

sc

reen.

The image may

represent electrical

waveforms, pictures or radar targets;


27/70

"Charily donation" me ns tr nsfer of or its components to nother

owner

without any reward in ret urn ;

"Collection centre/point" means a centre or po int where e wastes are

collected and stor

ed

temporari ly for the

purpose

of recycling .

"Comparative model" means equipment tha t ae

modem; j

"Cooling appliances containing refrigerants" , mea n

a) large cooling appliances;

b) refrigerators;

c)

freezers; and

(d)

ot

her large appliances for refrigeration, conservation and storage

of food , that fall within category I of Schedule I ;

"Dangerous

substance

or preparatio1/"

means

any

substance

or

preparation which has to be considered dangerous

by

laws, regulations

and administrative provisions relating to the classification, packaging and

labe ll ing of dangerous substances;

"Desigllated collectiollfacility" means any establishmen t or undertaking

or carryin g out

co ll

ection operations that is approved by the Miniser

of

Envi r

onme

nt ;

"Designated Officer"

means

a per

so

n who has been appo

inted by

the Agency to be responsible for

proces

s in g app lications with respect

to

ac

ti vi ties

designated under these Regulati

ons, and

includes

an

acting

of fi

cer;

"Deve opmellt COll/rol"

mean

s the

arm

of the governmen t

that

is

responsible for

development ac

tivities of a state/area ;

"Direc:tor-GenerallChie Executive Officer (DGICEO)" means the

Director General of the National Environmental Standards and Regulations

Enforcement Agency (NESREA) ;

"Distriblltor" means any person who provides electri

ca

l or electron ic

eq uipment on a commercial basis

to

the party w ho is go ing to use it ;

"Donations" means something that is given to a person or an organ

; at

ion

in order to help th

em;

"Duty 0/ care" is a requirement th

at

a pe rson

ac

ts towards the

environment with watchfulness, attention, caution and prudence that a

reasonable person in the circumstances would do ;

E

fjll/em" means waste water treated

or

untl:eated :

th at flows out

of a

treatment plant,

sewe

r, or industrial outfall res ulting from

th

e

commercial

or industrial use of water, generally refers to wastes d ischarged into surface

waters

B755


28/70

B756

Electrical Electronic Equipment (EEE) means:

a)

Equipment which is dependent on elecfric currents/voltage or

electromagnetic fields

in

order to function properly and equipment for

the generation, transfer and measurement

of

such currents and fields

. falling under the categories set out

in

Schedule 2 to these Regu lations

and designed for use with a voltage rating not exceeding 1,000 volts for

alternating current and 1,500 vol

ts

for direct

current;

b)

Equipment

for

the generation

transfer

distribution and

meas urement of these currents and fields, including the components

necessary for the cooling, heating, protection, etc.,

of

the electrical

or

electronic components;

Electrical Electronic Sector

means organisation or body corporate

involved

in

:

a)

manufacturing, assembling, processing or recycling any equipment

contained in the categories

of

EEE listed in these Regulations; and

b)

operations

in

Telecommunication, broadcasting, power (distribution,

transmission and generation) facilities;

EMF Electromagnetic Fields mean invisible lines of force emitted

by

and surrounding any electrical device {e.g. Power Lines and Electrical

Equipment ;

E

n

d-a/

-life means EEE

that

have come to the e nd of

their

useful

ness;

Enfarcemeilt

means actions

to

obtain compliance with environmental

laws, rules, regulations

or

agreements and/or obtai J penalties or criminal

sanctions for violation

s;

Enforcement Officer means :

a)

an officer

of

NESREA who is authorised in writing by NESREA to

act as an enforcement officer for the purposes

of

this Part, and

b) a person appointed by the Minister

of

Environment who is authorised

in writing by the Minister

of

Env-ironment to act s an enforcement officer

for the purposes

of

this Part;

Ellvironmem

means the sum

of

all external conditions affecting the

life, development and survival

of

an organism;

Environment Assessment Repo rt means a report prepared for an

organisation or body corporate which identifies potential

or

existing

environmen

t

l contamination liabilities;

Environmental Audit (EA)

means:

a)

An independent verification

of

current status

of

a party s compliance

with applicable legislative requirement.


29/70

(b)

An independent evaluation

of

a party s environmental compliance,

policies, practices and control;

EfA (Environmental Impact Assessment;) means the process of

identifying, predicting, evaluating and mitigating the biophysical, social and

other relevant effects

of

development proposals prior to major decisions

being taken

and

commitments made .

En,viromne1l1ai Impact Statement (EIS) means a document required

of development Agencies y NESREA for major projects or legislative

proposals

significantly affecting the

environment.

A

ool

for decision making,

it describes the positive

and

negative effects of the undertaking and lists

alternative actions;

Environmental Management

Plan

mea ns the

process

th at an

organization will follow to maximize its compliance and minimize harm to.

the environment. This plan also helps

an

organization map its progress

towards achieving continual improvements;

Environmentally Sound Manner (ESM)

means best management

practices for electronic recyclers that can be used in conjunction with

recycling Industry operating standards to ensure compliance with all

applicable regulations and ensure environmental and worker protection;

Ewaste means Waste Electrical Electronic Equipment (WEEE)

including old, endof-life (eol

or

discarded electrical/electronic appliances

using electricity;

Extension means

an

increase in size. volume or other physical

dimensions

of

an activity such that the increase may cause an adverse

effect ifnot properly mitigated;

EEE facility means facilities involved with either manufacturing.

processing. installing, deploying or recycling any of the following :

(a)

Electrical/electronics;

(b)

Refrigerators and air-conditioning appliances;

(c) Electric bulbs, lamps, accessories and fittings;

(d)

Electrical power control and u t i o n equipment;

e)

Electrical Wire and

Cable

and

(f)Telecommunication equipment and base station.

Facility

means any Electrical, Electronics assembly, installation,

manufacturing, e-waste collection centre, e-waste treatment plant and

processing outfit;

Grey

water

means waste water resulting from the use of water for

domestic purposes, but does not include human excreta;

Green technologies

are EEE products without hazardous chemicals

as listed in schedule VII and so are prescribed environmentfriendly ;

B757


30/70

87

58

Hazardous wastes means substances/matter/things which even in

low concentrations are injurious/harmfuVdangerous to animal

s

plants human

health and the envi ronment. Hazardous wastes may take the form of so lids

liqu ids

or

sludge. ICNIRP International

Commission

for Non ionization

Radiation Protection;

Importer meansaperson or body corporate who in theordinary cou rst

of co ndu

ct

of a trade, occupation

or

profession, imports (bring into the

country EEE ;

/nj1llem water means ei ther processed waste water or raw water

from'a

ri

ver, stream, spring

or

canal, or wa ter abstracted from underground

a

nd

used by a faci I y ;

Inspection Officer/Inspector means a provincial officer who has the

l

egal

auth

or

ity to

enter

faci l

ity ies)

to

conduct

an

inspectio

n

unde

r

environmental legislation (Acts), guidelines and po l

icies;

LArge Scale Business means any facility that has more than fifty

employees;

Life span means the period du

ri

ng w

hi

ch an equ ipment is functional

(as between manufacture and end-of-life)

or

the average time the equipment

manufac tu red al a time is expected to funct ion ;

Medium Scale Busilless

means any facili ty that has from ten

la

fifty

emp loyees;

Minister means the Minister -of Environ

mLn

t or the appropriate

governm ent structure operat ing at that time;

Modification

m

ea

ns a change in any activi ty that may

cause

an

adverse effect if not properly mitigated and includes, but not limi ted to, the

expansion of the same process, addition of product lines and replacemel1t

of equipmen t wit h d

if f

erent technology ot

he

r than that presently in use;

Nee' m

ea

ns Nigerian Communications Commission;

Original Equipment Mal/ufacturers (OEM) means

ma

nufac turers

products

or

components th

at

are purchased by a company and retai led

un

der

that purchasing company's brand name; or producer of the fi nished

product, last manufac

tur

er in the suppl y chai n before the end- use r; or

compan ies that design and bui ld products bearing their name;

Other facility wastewater means effluent origiT'ating from the washing

and general maintenance of a faci lity; .

Perm it

m

eans

an

offic

ial

doc

u

ment,

au

thorization,

li

cense,

or

eq uivalent

contro

l

docu

ment issued

by

t

he

Agency to

implement

the

requirements of these regulat i

ons

Q discharge effluent espec ia

ll

y for a

limi ted period of ti me

Permit

hoLder

means an indiv id ua l/grou p of indiv i

dua

l

s)/

orga

nization(s)/facility(ies) that have been empowered by (he permit to

discharge effluent ;

,


31/70

Person means a natural and juristic personality (including facility) ;

Producer manufactures in

or

outside EE equ ipment for the Nigerian

market;

Radiatioll means energy propagated

in

space;

Radio frequency

means electromagnetic waves

of

freq uencies

betwee n 9 k ilohertz and

3000

gigahertz. propagated in space without artificial

guide;

Radio

a

nd Microwav es means waves e mitted

by

transmitting

antennae;

Right-oJ.way, way leltVe or

etl se,,..;:I/ .

mean uccess ways

crea

ted

for facility, transmission

or

"ot;aticn

;

5Rs means Ret:luce, Repair, Reuse, Recyc le an d Recover;

R

e:

oveIY

means

a

ny

G

l-

;l


32/70

8760

Treated slildge me ns the sludge which h s undergone bioiogicai

chemical heat treatment long term storage or any other appropriate p;ocess

so as to reduce or completely eliminate its toxicity Of hazards to hum

an

he

lt

and the environment ;

Treatment means any activity after the EEi\V has been h n d ~ d over

0

a facility

ford

epollu;.ion. dis3ssembly.

51:

edding. recovery or preparation

for disposal and any ether operation carried out for the recovery or disposal

or

both

of

the EEEW and H t r e a r l l I ~ n :

Used

EEg'

means sccondhand EEE that are functional and mea

nt

for

reuse:

TYater bo(lies means underground water ground water river stream

spting. canal. reservoir well lake lagoon ocean etc. ;

Water efficiew device means any device that minimizes the use

of

wa

ter in the production proces

s

Wastewater system

:

a) means a

se-wer

conduit pump engine or other appliance used or

intended to be used for the rece ption conveyance remo val treatment and

disposal of effluent; and

b)

does not incl ude house sewers.

Watercourse means any natural or artificial channel pipe or conduit

excluding the sewerage system carrying or that may carry and discharging

water directly or indirectly into a water

body;

Writing includes text that is :

a)

transmitted by electron ic means ;

b) received in legible form; and

c)

capable of being used for subsequent reference.

Year means a calendar year commencing on 1st January


33/70

SCHEDULE

I

Reguiali l.

2 3)

CATEGO

RI

SOF

EEE

C OVERED BY TH S R EGULATIONS

I)

Lar

ge ho usehold appliances White

goo

ds -

a) large coo ling applian

ces;

b) refrigerat

ors;

c) r

eezers

;

c

l other large appliances used for refrigeration. co nservati

on an

d storage

ofr

ood

;

e) washing machines;

j) wate r H

eaters

;

g) clothes dryers ;

h)

dish washing machine3 ;

i)

el

ec

tric Cooking Utensi ls;

U

electric stoves;

k ) e lectric

hot

plates ;

I)

mi

crowave ovens ;

m) other large appli ances

l

sed for cooki ng and o

th er

pro cess ing of

f

ood;

11) elect

ri

c heating appliances;

0) electric radiators ;

p) other large ap pli ances for heatin g rooms, beds, seating fu

rn

iture;

q)

elec tri c

fa

n

s ;

r) air cond itioner app lian

ces;

and

Cs

other fanning. x h u ~ r ventilation and conditioning equip ment.

2) Small household appliances Whi te goods) :

a) vacuum cleaners;

b)

cJ rpet sweepers ;

c) other

p p l i ~ o c e s

for cleaning ;

d) appl iances used for

sewing

knitt ing\ weaving and other

processing

fo

r tex tiles;

e) irons and other appliances for ironi ng. mangling and ot her ca re of

clothing;

i f

toas ter

s ;

g) Fryers ;

) grinders, coffee machines and equipment for opening or sealing

co

ma

iners or packag

es;

i) electric knives ;

U)

appl i

an

ces for hair-cll tting . hai rdry ing, tooth blU shi ng, shav ing, massage

and other body care appl iances ;

876


34/70

8762

k) clocks,

wa tches u

nd equipment

for the

purpose of

me.,.;uring.

indicating or registering time;

I) weighing Scales;

3)

leT

and telecommunications equipmem .. 1

goods :

a)

centralised data

processing;

b)

mainframes ;

c) minicorl"puters ;

d)

personal computers

e ) ;ll' tOP computers;

C

. tcbol k computers :

,)

notepad computers ;

(11)

printers;

i) copyi"g equipment;

j)

electrical and electronic typewriters:

k) pocket and desk calculators ;

(I)

other products and equipment for the collect ion, storage, processing.

presentation

or

communication

of

in formation by electron ic means ;

m) user terminals and system

s

(1/) facsimile;

0) telex;

p) telephones;

q) pay telephones;

r)

cordless telephone

s ;

s)

cellular telephones;

I)

answering systems; and

ll)

other products or equipment of transmitting soun

d

:mages or other

information by lelecommunications.

(4) Enlertainmenr and Consumer equipment (Brown Goods :

a)

radio

se

ls ;

b)

lelevision

sets;

c)

video cameras;

d)

video recorders

e) hi-fi

recorders;

J)

audio amplifiers ;

g)

musical

in

strument

s;

and

h)

other

product

s

or equipment

for the purpo

se of

record ing or

reproducing sound or images, including signal s or other technologies for the

distribution

of

sound and ima

ge

than

by

teJecommunications


35/70

5) Lighting

eq

uipment:

a) luminaries for fluorescent lamps with the exception of luminaries in

households

) fluorescent

lamps;

c) compact fluorescent lamps;

I high intensity disch

arg

e lamps, including pressure sodium l

amps

and

metal halide lamps;

(t. )

luw pressu re sodium IJmps ; and

(/) other lighting or equipment for the purpose

of

spreadin g or controlling

I

'ith

exccp:ion

affilament

bulb

s.

6) Electrical and electronic tool s wi th

th

e except ion of

l r g ~

stationary industrial tools) :

1I)

drills;

b) saws ;

c) sewing machines;

d)

equipment for turning, milling. sanding. grinding. sawi ng, cutting,

shearing ,

dr i

lling. making holes,

pun

ching. folding, bendi ng

or

sim ilar

processing

of

wo

od. me

tal

and other

mall:riills :

e) l

oo

ls for riveting, nailing or scr

ewing

or removing rivets, na

il

s, screws

or

simil

ar

uses ;

n too

ls for wel ding, soldering or similar use :

g) equipment

for spraying,

sprea

ding. dis persing or o

th

er tr

eatment of

liquid or gaseoll s

subs

tan

ces

by othe r mea

ns:

and

11)

tools for mowing or other gardening activ ities .

7) Toys, leisure and

spor

ts

eq

ui

pment:

a) e lec tric trains or car racing sets :

b) handheld video

gam

e consoles :

c)

vid

eo

games ;

d)

comput

ers

fo biking, di ving. running and r

ow ing;

e) sports

equipment

with

l e c t r ~

electro

ni

c c

omp

one

nts;

and

f)

coin

slot mac

hin

es.

8) Medical

dev

ices with the

exception

of a

ll

implanted

and

infected

products) :

a)

r

ad

i

otherapy

e

quipm

ent :

b)

cardiology

equipment;

c)

dialy

sis eq uip men t ;

d)

pulm

o

nar

y venti lators Nucl

ea

r medicine equipment:

e)

laboratory

equipment

for in -vitro

di

agnosis :

j ) analyse r

s

8) fertilization

te

sts

equipment

: and

8763


36/70

8764

Ch) other appliance

s for

detec

tin g,

pre

v

enting,

mo

nitorin

g, treating ,

aUeviati ng illness, injury or disabi l

ity.

9) Monitoring

and

control instruments:

Ca

smoke de

tector;

Cb healing

regulator

s;

c)

thermos tat

s

and

Cd m

easu

r

ing, weighing

or

adjusting

p p l i n for

househo

ld or

laboratory equ

ipmen t. Ot her monitorin g a nd

control inSlfUm

e nl S u

sed

in

industrial installations for example. in contro l

pane

ls).

( 10) Au tomatic dispensers:

a)

automatic di spen sers for hot drinks;

Cb automatic dis

pe

nsers f

or

hot

or

t:old bottles or cans ;

Cc automatic

di spensers

for

solid products;

d) automat

ic di spensers for money;

and

e) a ll app liances which de liver automatically all ki nd

of

products.

SCHEDUI.E

II

Regula ion 3 2)

REQUIREMENTS FOR IM POF \TION OF USED EEE

G UID E FOR IM PORTERS OF

US

ED

ELECTRICAL

AND

ELECTRONIC

EQUIPMENT INTO

N IGERI)\

1.0.

B AC KGROUND

1.1. Used e lec trica l e lectronic

equ

ipment UEEE)

from

developed

cou

ntries ha ve be

co

me highly so ught-after commodities in N igeria in recent

years in an attempt to bridge the so called dig ital divide and make information

co mmuni

cati on t

ech

nology

leT) equ

i

pment eas

ily

available

at

affo

rd

able

prices. This has however led to a massive flow

of

obsolele Waste Electrical

and Electronic Equipmen t (WEEE

),

electronic waste, e-waste or end-of- li

fe

e lec trical/electronic to the co untry.

1.2. Mo st times imported UEEE is mi

xed

with e nd-oF-life Cc-waste) or

near-end-of-Iife electri cal and electro ni c equipme nt.

nigeria eee regulations 2011

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