Our environment uninhabitable, NESREA DG laments
From Goddy Osuji Abakaliki
Wednesday February 22, 2012
As our environment is seriously threatened due to abuse by some stakeholders who refuse to observe certain rules, the Director General of National Environmental Standards and Regulatory Agency (NESREA) Dr. Mrs. Ngeri Benebo at a workshop in Abakaliki to sensitize stakeholders on the rudiments to observe environmental rules regretted that the uncontrollable exploration and exploitation of natural resources and other unsustainable activities that pollute the air, water and soil contribute to environmental degradation has become incompatible to human habitation.
She noted that the key environmental issues of great concern include, water pollution, indoor and out door air pollution, industrial pollution, biodiversity loss, erosion and flooding. Other causes she alleged were land degradation, desertification, poor urban solid waste management, indiscriminate burning, and noise pollution and wildlife crimes, and the growing problem of the dumping of near-end-of-life e-waste into the country.
The situation Benebo observed has compelled the federal government to put in place several regulatory laws to safeguard the environment.† Some of the regulations include Wetlands, Riverbanks and Lakeshores of 2009 which activities are, brick making, recreation activities, cultivation, and commercial exploitation of wetland resources, sewage infiltration, fishing using gear/weirs, construction of transport/commercial facilities and burning.
The objectives of the regulation is aimed at the conservation and use of wetlands and their resources in Nigeria, to ensure water catchment conservation and flood control; to ensure the sustainable use of wetlands for ecological and tourism purposes for the common use of all citizens. The watershed, mountains, hilly and catchment areas regulation is also aimed at restricting and controlling activities which are inconsistent with good land management practices. While coastal and marine area is aimed at providing a regulatory framework capable of preserving the natural ecological conditions of the coastal areas and preventing degradation of the marine environment; ensure the protection of coastal and marine environment from land based and industrial sources of pollution and degradation.
The construction sector which is critical to the Nigerian economy in terms of employment generation and development of infrastructure has also impacted negatively on the environment and public health, and they include uncontrolled dust and fugitive emission, abandoned debris and overburden and poor storm water management. It was against this background that the federal government promulgated the National Environmental Regulation for the construction sector No. 19 of 2011 which main thrust is to prevent and minimize pollution from construction, decommissioning and demolition activities to the Nigerian environment. Some of the provisions of these regulations were ìhave a site waste management plan to the Agency, obtain a storm water discharge permit, control dust, noise and fugitive emission, the use of hazardous substances, ensure appropriate management of spent oil, prevent and control explosion hazards and comply with close-out guidelinesî.
ìControl of vehicular emission from petrol and diesel engines were not left out which prohibits engine unit which emits excess pollutants to the environment , ban the importation of two-stroke engines rather import four-stroke enginesî.
The noise generated as a result of various activities such as social or religious functions, factory processes using mechanical machineries, generators and blasting were not left out as they also affect the serenity of the environment. In view of the negative effect, the noise standard and control regulation was enacted to ensure maintenance of a healthy environment for all Nigerians, the tranquility of their surroundings and their psychological well-being by regulating noise level, prescribing the minimum permissible noise level from a facility or activity to which a person may be exposed.
The mining and processing of coal, ores and industrial minerals were also included in the regulation that provides that mines using old operating method shall take necessary measures to limit risks by installing leachate collection tanks while those with new designs shall evaluate their installations and ensure that risks of pollution or accident are prevented. Tailings containing heavy metals or other toxic materials or substances shall be treated to acceptable level before disposal; mine water containing heavy metals or other toxic materials or substances shall be treated to acceptable level before disposal, heaps, dumps and spent solutions shall be detoxified to reduce deleterious chemical components such as cyanide, acidity and metal loadings while acid mine drainage testing shall be carried out by the facility throughout the operations and closure and burrow pits containing mine water shall be safely secured. While the base metal, iron and steel manufacturing/recycling industries sector with the activities which include dust and fugitive emission, land and water pollution untreated operation waste water discharge, disposal of tailings and sludge containing heavy metals were included in the regulation.
†The purpose of the regulation is to prevent and minimize pollution from all operations and ancillary activities of the sector in the Nigerian environment. Control the use of fuel with low sulphor content such as natural gas or liquefied petroleum gas, control of nitrogenous gas emission; optimize peak flame temperature in the kiln and use of computerized control of kiln fire and reduce the nitrogen content in row material and additives.
Operations that require permit according to NESREA regulation include: ìdischarge of effluent, oil and gaseous emission into the environment, use of hazardous, restricted chemicals, release of hazardous or toxic substances into the water or land or air of Nigeriaís ecosystem beyond the permissible limits, sludge disposal, blasting, storm water discharge and operational vehicular emission testing facilityî.
It has been observed that within the last two decades, population explosion and industrialization has contributed to cause great environmental degradation to the ecosystem where most industries discharge untreated effluents into the environment which has negatively contributed to a great damage to human health and in order to address the problem the Federal Government promulgated national environmental regulations to protect the environment and human health which serves as tools for compliance monitoring and enforcement of environmental laws, guidelines, policies and standards.† The main thrust of these regulations is to prevent and minimize pollution from all operations and ancillary activities on the environment.
In terms of emission control the regulation makes it mandatory for companies to comply with the standards as prescribed, while it reports sources and maintain emission data, undertake reduction and implementation plan; while in noise control, it is required that every facility shall evaluate its installations and ensure that routine controls were sufficient to prevent risk of noise pollution. ìPut in place noise abatement measures to achieve either the level prescribed in appropriate schedule or maximum increase in background levels of 3 decibelsî.
Oil spillage which has become a problem in the Niger Delta area was not left out as the regulation provides that there should not be contamination arising from leakage of surface/underground oil/fuel or chemicals storage tank likely to cause pollution of the environment including surface and groundwater. The regulation insists that every facility shall have an impermeable base for any ancillary equipment and provide an appropriate bund wall in the event of any unanticipated discharge or spillage thereby making it a corporate responsibility that every facility should have sustainable community relations programme.
Just as it regulates that all manufactures and importers of various brand of products shall establish a buy back programme for packaging of products and subscribe to an extended products stewardship program as stated in the regulation where no facility shall discharge effluent onto land, watercourse or water body without pre-treatment to permissible standards and ensure that environmental sound management of sludge containing heavy metals or other toxic substances and dispose some in a landfill/designated disposal site approved by the state.
Even, as specific provisions were made for the ozone layer protection regulation, where Nigeria as a signatory to the protocol has also placed a ban importation of R12 grade of CFC containing equipments and other substances that deplete the ozone layer. Specifically no person shall import, manufacture, install, sell, buy new or refurbished facilities intended to be used for the production of any ozone depleting substance unless for the recovery and recycling of substances already in use.
The Telecommunication sector is not left out in the regulation as an industry that has contributed immeasurably to the growth of the countryís economy through employment generations, easy communication, breaking barriers in businesses and facilitating trade across the nations. However the activities of the sector adversely impact on the environment. Environmental concerns for operations of Telecom base stations are manifested in smoke emission from generators, oil spillage from the diesel storage tanks, high noise level, non adherence to setbacks specifications and mast integrity.
In this regard, the regulation stipulates that site specific environmental impact assessment (EIA) must be conducted before installing any new base station, submission of environmental audit for existing sites to NESREA once in three years where the use of stealth/camouflage designs to reduce visual impacts; minimum setback of 10 meters from the perimeter wall of residential/business premise, schools and hospitals to the base of the mast.
It may sound absurd that animals are also protected where many generic materials are taken out of the shores of Nigeria by foreign bio-prospectors without documentation and a share of benefit accruing from such resources. The objectives of the regulation however is, to conserve biological diversity, promote the sustainable use of its components and encourage equitable and fair sharing of the benefits arising out of the utilization of generic resources. Trade in wild animals and plants or their parts, trophies, products and derivatives also regulated.
However as a measure penalties for defaulter of the regulations were provided to check abuses and they range from a fine of N.1million-N5million or two years imprisonment for individual depending on the seriousness of the offence and the sector.
