MZUMBE UNIVERSITY (MBEYA CAMPUS COLLEGE)
FACULTY OF LAW
RESEARCH REPORT ON
SOLID WASTE MANAGEMENT IN URBAN AREAS: AN EXAMINATION OF THE LAW AND PRACTICE A CASE STUDY OF ILALA MUNICIPALITY
BY.
JOHN MICHAEL
REGISTRATION NO.14813/T.11 SUPERVISOR: MR. VINCENT MTAVANGU
A COMPULSORY RESEARCH PAPER SUBMITTED IN THE PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE BACHELOR OF LAWS DEGREE (LL.B) OF THE MZUMBE UNIVERSITY.
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CERTIFICATION
I, the undersigned, certify that I have read and hereby recommend for acceptance by the Mzumbe University, a dissertation entitled Solid Waste Management in Urban Areas: Examination of the Law and Practice: A Case Study of Ilala Municipality, in partial fulfillment of the requirements for award of the Bachelor of Laws Degree (LL.B) of Mzumbe University.
Signature
___________________________ Supervisor
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DECLARATION
I, John Michael, declare that this dissertation is my own original work and that it has not been presented and will not be presented to any other university for a similar or any other degree award.
Signature ___________________________ Date________________________________
iii COPYRIGHT
© 2014
This dissertation is a copyright material protected under the Berne Convention, the Copyright Act 1999 and other international and national enactments, in that behalf, on intellectual property. It may not be reproduced by any means in full or in part, except for short extracts in fair dealings, for research or private study, critical scholarly review or discourse with an acknowledgement, without the written permission of Mzumbe University, on behalf of the author.
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ACKNOWLEDGEMENT
In the course of writing this dissertation I have received tremendous support and assistance from many people. First and foremost, I am grateful to My God, Almighty, the unfailing Father, for making my journey of life and my LLB Programme possible. I learned that he makes a way even where there seems to be no way. I recognise his blimey and I am always in endless owe.
Special thanks go to my supervisor, Mr. Vincent Mtavangu, for his critical pieces of advices and valuable guidance, the tireless support in revising, correcting and maintaining accuracy to this research. This research could not have come to a successful conclusion without the assistance and support that I received from him. His support made me realise my potential to engage in academic and challenging thoughts.
I would like also to express my gratitude to the members of my large family who never ceased to encourage and support me during my LLB studies, viz., Nuhu Suleiman, Daud Matandiko, Dyness Nyachi, Kallaghe Rashid, Mary Mallya and those I cannot name here. You offered me enriching, unique and unforgettable experience for which I am always grateful; you will always have a place in my heart.
I am also indebted to my classmates whose meticulous critiques on my dissertation remain exceptional; these include Ponela Cletus, Moshi Emmanuel, Mwanri Isaya, Kitime Eliud, Funuki Sikujua, Mbaya Abdallah, Twaha Musa, Masota Petro, and Mtaki Kurwijila. Their critical comments on my research importantly stretched my thoughts outside the box. Although any sins of commission or omission are mine.
I would like also to express thanks to Ilala Solid Waste Department, especially Mr. Pearson Kabantega and Mr. Bubegwa for making the opportunity available to all who aspire to work for the betterment of the Municipality and the realisation of environmental conservation. My field work would not have been meaningful had it not been for the homely environment and support I found at the Department, your advice and assistance has molded my work into what it is now. However, overall responsibility for the accuracy of this research remains mine.
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DEDICATION
To the memory of my father, John Marere Michael. I would have been cheeriest person if you lived longer to see this day as it was your desire. You will always be in my heart. To my mother Naomi Daud Agutu, for everything you have done for me since I was born. You are my second God under the sun, may you live long to see the fruit of your womb. To my young sisters Adelina, Lucresia and Flaviana, for your love, encouragement, patience, understanding, prayers, moral support and constant attention. My love and appreciation go to you at all times. Brother has done this masterpiece; I believe this inspires you to pursue your dreams.
To my brother Elly John Marere, for your support, love, constant attention and encouragement, despite the distance.
To Mr. Sylvester Matandiko, although you are suffering from a sickness which positions you in an unhealthy state, you have always been a catalyst towards my achievement. I trust that God Almighty, to whom we have all our confident, will heal you from the sickness.
To Mrs. Sylvester Matandiko, I could not have done this research without you, you have been pivotal towards this success and always an inspiration in my career.
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ABBREVIATIONS AND ACRONYMS AIR = All India Report
CAP = Chapter
CBO’s = Community Based Organisations
DAWASCO = Dar-es-salaam Water and Sewage Company DCC = Dar-es-salaam City Council
E.A = East Africa e.g. = Exempli Gratia
EIA = Environmental Impact Assessment EMA = Environmental Management Act EMO = Environment Management Officer
EWURA = Energy and Water Utilities Regulatory Agency G.N = Government Notice
Hrs. = Hours
Http. = Hypertext Transfer Protocol HTM = Hypertext Markup
Ibid = Ibidem i.e. = Id Est.
ICT = Information and Communication Technology ISWM = Integrated Solid Waste Management
IMC = Ilala Municipal Council
vii Km. = Kilometre
Ltd. = Limited
MCC = Mbeya Campus College Misc. = Miscellaneous
MSW = Municipal Solid Waste
NEMC = National Environmental Management Council NEP = National Environmental Policy
NGO’s = Non-Governmental Organizations No. = Number
Pg. = Page
PPP = Public Private Partnership RCC = Refuse Collection Fees R.E = Revised Edition
SIDS’s = Small Island Developing States SWM = Solid Waste Management
SWMP’s = Solid Waste Management Projects TANESCO = Tanzania Electrical Supply Company Tshs. = Tanzanian Shillings
UN = United Nations
UNDP = United Nations Development Project V = Versus
viii WB = World Bank
ix ABSTRACT
This research report examines the law and practice on solid waste management in urban areas, taking Ilala Municipality as the case study. The spirit behind the undertaking of this research was that most of the urban areas in Tanzania seem to be tremendously affected by solid waste notwithstanding the resilient efforts of the local government in countering the same.
The filthy environment in most urban centers of Tanzania such as Dar-es-salaam and Mwanza to mention but few is the mirror image of the problem of poor solid waste management. In investigating the root cause of this status quo this research mounted different objectives respectively viz. to examine the laws on whether they cater the need for community in solid waste management in urban areas, to examine the practice as whether it complies with the legal framework on solid waste management in urban areas and to explore the role of the community and other stakeholders in management of solid waste in urban areas.
In triumphing the above objectives this research enclosed different questions in respect viz. is the legal framework for solid waste management in urban areas sufficient? , what is the practice in solid waste management in urban areas vis-à-vis legal framework? , and lastly, are the community members and other stakeholders active on solid waste management? In reverence to these questions the research found that; -the legal framework on solid waste management in urban areas is sufficient, the practice in solid waste management in urban areas vis-à-vis legal framework is not satisfactory and finally, the community members and other stakeholders on solid waste management are active. Lastly, this research derived some recommendations from the findings some of which are;- to establish independent and autonomous Authority to deal with solid waste management, formalisation of the solid waste sector, establishment of the national professional body for solid waste management, legislation of the law which are up to date and cope with social changes, fostering cooperation of public with other actors on solid waste management, provision of public awareness on solid waste management etc.
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LIST OF STATUTES AND POLICIES International Instruments
Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and Disposal of 1989.
Bamako Convention on Ban of the Import into Africa and the Control of Trans-boundary movements of Hazardous Wastes within Africa of 1991.
Municipal Laws Constitution
The Constitution of the United Republic of Tanzania of 1997 [as amended time to time] Principal Legislation
The Environmental Management Act [Act No.20 of 2004] The Public Health Act [Act No. 1 of 2009]
The Local Government (Urban Authorities) Act [CAP 288 R.E 2002] The Local Government (District Authorities) Act [CAP 287 R.E 2002] Subsidiary Legislation
Ilala Municipality (Environmental Cleanliness) By-laws [G.N 111 of 2011] National Policies
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LIST OF CASES Tanzanian Cases
Festo Balegele v. Dar-es-salaam City Council [Misc. Civil Case No. 90 of 1991] Foreign Cases
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LIST OF ANNEXTURES Annexure A
Ordinary Citizens Questionnaire ……… Pg.62 Annexure B
Solid Waste Stakeholders Questionnaire ………... Pg. 64 Annexure C
xiii TABLE OF CONTENTS Certification ... i Declaration ... ii Copyright ... iii Acknowledgement ... iv Dedication ... ... v
List of Abbreviations and Acronyms ... vi
Abstract ... ix
List of Statutes and Policies ... x
List of Cases ... xi
List of Annexures ... xii
Table of Contents ... xiii
CHAPTER ONE GENERAL INTRODUCTION AND METHODOLOGICAL ISSUES 1:0 Introduction. ... 1
1:1 Background of the Problem. ... 2
1:2 Statement of the Problem ... 2
1:3 Objectives of the Study ... 4
1:3:1 General Objective ... 4
1:3:2 Specific Objectives ... 4
1:4 Significance of the Study ... 4
xiv
1:6 Literature Review ... 5
1:7 The Scope of the Study ... 10
1:8 Research Design and Methodology ... 10
1:8:1 Research Design ... 10
1:8:2 Sampling Technique... 11
1:8:3 Sample Size ... 11
1:8:4 Sample Selection. ... 11
1:8:5 Research Methodology ... 11
1:8:5:1 Field Research and Library Research ... 11
1:8:6 Data Collection ... 12 1:8:7 Field Research ... 12 1:8:8 Interview ... 12 1:8:9 Observation ... 12 1:8:10 Questionnaire ... 12 1:8:11 Library Research ... 13 1:8:12 Documentary Review ... 13 1:8:13 Data Analysis ... 13
1:8:14 Limitation of the Study ... 14
CHAPTER TWO CONCEPTUAL FRAMEWORK ON SOLID WASTE MANAGEMENT IN URBAN AREAS 2:0 Introduction ... 15
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2:1:0 Conceptualisation of the Key Concepts ... 15
2:1:1 Waste ... 15
2:1:1:1 Categories of Waste in Ilala Municipality ... 16
2:1:2 Solid Waste ... 18
2:1:3:0 Effects of Solid Waste ... 19
2:1:3:1 Effects of Solid Waste on Terrestrial and Aquatic Life ... 19
2:1:3:2 Effects of Solid Waste on Health ... 20
2:1:3:3 Effects of Solid Waste On Landscape ... 21
2:1:4:0 Solid Waste Management ... 21
2:1:4:1 Source Reduction ... 21
2:1:4:2 Recycling ... 22
2:1:5:0 Solid Waste Disposal ... 22
2:1:5:1 Composting ... 23
2:1:5:2 Vermicomposting ... 23
2:1:5:3 Incineration ... 24
2:1:5:4 Land-Filling ... 24
2:1:6 Urban Authority ... 24
2:1:7 Experienced Problems relating to Solid Waste Management in Ilala Municipality ... 25
2:1:7:1 Insufficient Resource Mobilization ... 25
2:1:7:2 Selection of Appropriate Technologies ... 25
2:1:7:3 Privatization Problems ... 25
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2:2:1 The Precautionary Principle ... 26
2:2:2 The Polluter Pays Principle ... 27
2:2:3 The Public Participation Principle ... 27
2:2:4 Waste Minimisation Principle ... 27
2:2:5 Principle of Sustainable Use ... 28
2:3 Conclusion ... 28
CHAPTER THREE LEGAL AND INSTITUTIONAL FRAMEWORK ON SOLID WASTE MANAGEMENT IN URBAN AREAS IN TANZANIA 3:0 Introduction ... 29
3:1:0 Legal Framework ... 29
3:1:1 Environmental Management Act ... 29
3:1:2 Public Health Act ... 31
3:1:3 The Local Government (Urban Authorities) Act ... 32
3:1:4 Ilala Municipality (Environmental Cleanliness) By-Law of 2011 ... 34
3:2:0 Institutional Framework ... 35
3:2:1 Institutions at National (Central) Level ... 35
3:2:1:1The Minister Responsible for Environment ... 35
3:2:1:2 The National Environmental Advisory Committee ... 36
3:2:1:3 The Director of Environment ... 36
3:2:1:4 National Environment Management Council [NEMC] ... 37
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3:2:2:0 Institutions at Regional Level ... 39
3:2:2:1 Regional Secretariat ... 39
3:2:3:0 Institutions at Local Level ... 39
3:2:3:1 Municipal Environment Management Officer ... 39
3:2:3:2 Standing Committee on Urban Planning and Environment ... 40
3:2:3:3 Ward Development Committee ... 40
3:2:3:4 Township, Ward, Village, Mtaa and Kitongoji Environment Management Officer ... 41
3:3 Conclusion ... 41
CHAPTER FOUR RESEARCH FINDINGS AND DATA ANALYSIS ON AN EXAMINATION OF THE LAW AND PRACTICE ON SOLID WASTE MANAGEMENT IN URBAN AREAS. 4:0 Introduction ... 42
4:1:0 Research Findings ... 43
4:1:1 Is the Legal Framework for Solid Waste Management in Urban Areas Sufficient? ... 43
4:1:2 What is The Practice in Solid Waste Management in Urban Areas Vis-À-Vis Legal Framework? ... 46
4:1:3 Are the Community Members and Other Stakeholders on Solid Waste Management Active? ... 49
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4:2 Conclusion ... 50
CHAPTER FIVE SUMMARY, RECOMMENDATIONS AND GENERAL CONCLUSION 5:0 Introduction ... 52
5:1 Summary ... 52
5:2:0 Recommendations ... 54
5:2:1 Recommendations to the Central Government ... 54
5:2:2 Recommendations to the Local Government ... 56
5:2:3 Recommendations to the Legislators ... 57
5:2:4 Recommendations to the Political Leaders ... 57
5:2:5 Recommendations to the General Public ... 57
5:3 General Conclusion ... 58
5:4 Proposed Area for Future Research ... 58
BIBLIOGRAPHY ... 59
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CHAPTER ONE
GENERAL INTRODUCTION AND METHODOLOGICAL ISSUES 1.0 Introduction
Degradation of the environment is one of the major issue of today’s life, it is not only in the sites with pockets of poverty but also equally significant booming parts of expanding urban areas.1A need to protect environment has become of paramount important for
decades now due to the mankind consciousness that sustainable development can take place at a cost of environment only and thus the rejection of the same is like a foolish man who tries to cut down the very branch of tree on which he is sitting.2
Solid waste management is a major responsibility of local government. It is a complex task which requires appropriate organisational capacity and cooperation between numerous stakeholders both in the private and public sectors. Even though it is essential to public health and environmental protection, solid waste management in most cities of developing countries in particular Tanzania is highly unsatisfactory.3
Since the colonial era, solid waste management in urban areas has been regarded as a public goods or service whereby the Government has the duty to provide the solid waste management service, and the public has to pay for that service.4
However, urban local authorities’ problems such as poor solid waste management are often considered as problems that need long-term solutions, which Tanzanian cities and towns cannot explicitly afford due to the weak financial structure and institutional incapacity of urban local authorities to handle these problems.5
1Anand, S. (2010), Solid waste management, New Delhi-India: Mittal Publication pg.5 2Myneni, S.R. (2008),Environmental Law, New Delhi-India: Asia Law House pg.2
3Peter Schubeler et.al (1996) , Conceptual framework for Municipal Solid Waste Management in
Low-income Countries , 1st Edition, Swiss Agency for Development and Cooperation (SDC), Switzerland , pg.9 4Ntakamulenga, R. The status of solid waste management in Tanzania, A paper presented during the Coastal
East Africa Solid Waste workshop held in Flic en Flac, Mauritius(10–13 September 2012),pg.7
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With regard to challenges facing solid waste management in urban areas and with due respect that cities and towns grow and generate more solid waste, the environmental impact from solid waste become gradually unbearable. Therefore this Research has been conducted on the examination of the laws and practice on solid waste management in urban areas taking Ilala Municipality in Dar-es-salaam as the case study.
1.1 Background of the Problem
Solid waste management has been an urban problem over the past decades. Every person is a potential generator of waste and thus a contributor to this problem. To generate waste is one thing, the type of waste produced is another and yet the way the generated waste is managed or disposed of is quite a different issue.
It is usual that the rate at which solid waste is generated is far higher than the capacity to responsibly manage such waste. Waste is generated by, and from different sectors; domestic, commercial, industry and others.6
Tanzania is one of the countries in the world that rank higher in urbanization and urban population growth. For instance Dar-es-salaam city has the population growth rate of about 4.3%.7 The inference of this speedy growth of population in urban areas is that pollution issues such as solid waste management need closer attention.
As Tanzania’s urban areas increase in number and expand in geographical and population size, solid waste is expeditiously emerging as a significant issue in environmental management. Even though there are established legal framework for solid waste management, still there is a necessity for an examination of the laws and practice of the same specifically on solid waste management.
1.2 Statement of the Problem
Currently, solid waste management is a growing problem due to an increasing urbanisation, rural-urban migration, rising standard of living and rapid development
6Kirunda, M.P (2009), Public Participation in Solid Waste Management: Challenges and Prospects (MSc.
Development Management Thesis) , The University of Agder, Kristiansand, pg.1
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associated with population growth that have resulted in increased solid waste generation by industrial, domestic and other activities.
Ilala Municipality is estimated to produce about 1,088 tons of solid waste per day, basing on a generation rate of 0.8 kg per person per day.8 The collection rate is around 424 tons per day which is approximately 39% of all solid waste generated per day.9
Despite the initiatives taken by the Government in environmental management and protection such as signing and ratification of various International treaties10 and setting up the domestic legal and institutional framework on the protection and management of environment, 11still solid waste management provides some different if not unique challenges as there are consequently many ‘grey areas’ that lead to uncertainty and confusion when it comes to the practice of the laid down legal framework.12
In 2010 the International Rating Company known as NYC Partnership Consulting, consulted a study upon which Dar-es-Salaam city was declared the eighth (8th) dirtiest city
in the world.13 Hence, all these dynamics necessitated the undertaking of this research on
solid waste management which provides the answer of questions related to solid waste management stream vide the examination of the laws as well as the practice on the solid waste management particularly in urban areas which might affect changes on the status quo by suggesting different types of legal measures to encourage solid waste minimization in urban areas for the sustainable development as well as the progress of not only the contemporary but also the upcoming generations.
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http://www.imc.go.tz/2/index.php/component/content/article/34-solid-waste-management/50-solid-waste-management. Accessed on 23rd October , 2013 at 14:05hrs
9
http://www.imc.go.tz/2/index.php/component/content/article/34-solid-waste-management/50-solid-waste-management. Accessed on 23rd October , 2013 at 14:10hrs
10 Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal
and
Bamako Convention on Ban of the Import into Africa and the Control of Trans-boundary Movements of Hazardous Wastes within Africa are example of International Conventions
11 Environmental Management Act[Act no.20 of 2004] and Public Health Act[Act no. of 2009] are example
of domestic legislation
12Bell, S. and Donald, M. (2008), Environmental Law, 7th Edition, London: Oxford University Press ,pg.632 13 This Day; The voice of Transparency 1st March 2010
4 1.3. Objectives of the Study
1.3.1 General Objective of the Study
The research aimed at making an examination of the law and practice in entire role of the government, its agencies, community and the Non-Governmental Organisations (NGO’s) in management of the solid waste in the urban areas with the focus on the legal mandate vested to them and the practice thereto.
1.3.2 Specific Objectives
i. To examine the laws on whether they cater the need for the community in solid waste management in urban areas.
ii. To examine the practice as whether it complies with the legal framework on the solid waste management in urban areas.
iii. To explore the role of the community and other stakeholders in management of solid waste in urban areas.
1.4 Significance of the Study
This Research is significant as it afford the adequate knowledge and understanding on the laws that governs solid waste management and the practice thereto particularly in the urban areas, which acquaint the law enforcers and other environment stakeholders on a need to revisit the law where necessary and to resort into the best practice for the proper management of solid waste in the urban areas.
The study is as well significant as it assess the role of the private sector, Non-Governmental Organisations (NGO’s) and the informal sector and reveal the need for capacity building so as to strengthen their ability to minimise solid waste in the urban areas and at the same time providing social and economic benefits to communities in urban areas.
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Also, this work is momentous to the legislators in the sense that it lay a foundation in making the laws and by laws which are logical, reasonable and relevant to the community needs and dynamics as it endow enough knowledge on the weakness and the challenges facing the legal framework on solid waste management particularly in urban areas where the problem seems more apprehensive.
Moreover, the study is obliging to the urban councils in particular Ilala Municipal Council as it bestow the opportunities for innovative and integrated approach for sustainable solid waste management as it effectively address local conditions pertaining to solid waste management such as institutional framework, technical and human capacities, socio- political situation and waste characteristics.
1.5 Research Questions
i. Is the legal framework for solid waste management in urban areas sufficient? ii. What is the practice in solid waste management in urban areas vis-à-vis legal
framework?
iii. Are the community members and other stakeholders active on solid waste management?
1.6 Literature Review
Solid waste management has attracted the attention of various environmentalist, social scientist, engineers, lawyers, planners, administrators, academicians and a number of researchers. The following has been an attempt on the review of the literature available related to solid waste management in different perspective in the contemporary era;- Ntakamulenga, R.14 in his paper stated that, solid waste management (collection, transportation and disposal) is one of the key duties of all urban authorities in Tanzania and that it is a legal obligation in accordance with the Local Government Act15 Section 55(g) and The Environmental Management Act.16 He remained of the opinion that due to
14The status of solid waste management in Tanzania, A paper presented during the Coastal East Africa Solid
Waste workshop held in Flic en Flac, Mauritius ,(10–13 September 2012),
15 [CAP 288 RE 2002] 16 Act No.20 of 2004
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rapid urban growth, coupled with scarcity of funds, many urban authorities are facing, and the reluctance of the urban dwellers to pay for the services, represents a phenomenal challenge. Hence, while cities and towns are generating an ever increasing volume of waste, the effectiveness of their solid waste collection, transportation and disposal systems are declining.
This literature is relevant in the sense that the author touches directly on the issue of solid waste management by presupposing the causes of poor solid waste management in most of the urban areas. However, the author has not thoroughly made an examination of the legal framework guiding the issue of solid waste management in urban areas; hence the research to be conducted will come up with a thorough examination of the legal framework on the issue of solid waste management in urban areas taking a case study of Ilala Municipality.
Lubuva, J.M.17 in his work wrote that, waste management systems, water and sanitation
situation, pollution and littering, environmental awareness and education and the role of local government authorities, policy makers, the private sector and communities in maintaining clean and healthy environment in Tanzania’s cities and towns. He had also discussed the current situation by making evaluation of the changing institutional framework of laws, policies, programs and plans as well as the organisational set up as it evolved over time.
This literature is of vital importance as the author touches various areas on environmental management inter alia being solid waste management. However, the author being too general he has not intensively dealt with the issue of solid waste management. Hence, the research to be conducted being specific on solid waste management it will provide a comprehensive knowledge on the same.
17‘Cleaning the Towns and Cities of Tanzania: A collective responsibility’ The paper presented during the
forum held at the Tanzania Global Distance Learning Centre (TGDLC), Block A, IFM Building, Serengeti Room.(17th January 2012)
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Liyala, C.M.18 in her book stated that the performance of local authorities is vital for high quality flow of key public services such as solid waste management in three urban Centres bordering the Lake Victoria Basin in East Africa, Kisumu, Jinja and Mwanza. She had shown that for solid waste management arrangements for service provision in the urban Centres have evolved in direct response to locally specific conditions. She argued that ‘modernised mixtures’ are important for improving the performance of local authorities in waste service provision, since they offer flexible perspectives which build upon existing state capacities in the particular East African Contexts.
This literature is pertinent in the sense that the author has exposed the issues on solid waste management in East African context taking the case of Tanzania, Kenya and Uganda. However, the author has not addressed the problem much in legal perspective; henceforth the research to be conducted will highlight the issue in legal outlook.
Dulo, S.19 in his book identified that, solid waste tends to have moisture contents as high
as 70%. This moisture translates into leachate as the waste drains. He further argued that Urban Councils are grappling with challenges of preventing environmental degradation due to non-systematic solid waste management and the impetus in pollution control is rather slow and seems to be mostly crisis driven. He also suggested that in the three towns of Nairobi, Mombasa and Kisumu there should be decentralization of authority and administrative measures to build the powers and capacities of local governments commensurate with their solid waste management (SWM) responsibilities.
This literature is significant to the effect that the author has uncovered the causes of environmental degradation inter alia being solid waste. Nevertheless, the study being conducted in Kenya does not clearly reflect the situation in Tanzania, therefore the research to be conducted will be specific conducted in Tanzania with regard to Ilala municipality as a case study.
18Modernising Solid Waste Management at Municipal Level: Institutional Arrangements in Urban Centres
of East African, The Netherlands: Wageningen Academic Publishers.(2011)
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Ezekiel, E.20 in his work explored involvement of the private companies and Community Based Organisations (CBO) in household solid waste management .He further expounded and map stakeholders inherent diversity and dynamism and propose for solid waste privatization and core impediments to waste management.
This literature is germane in the sense that the author has critical analysed the role of other actors other than the government in solid waste management. However, this literature has been confined in the household solid waste management thus the research to be conducted will cover a wide range of solid waste management not only household.
Solomon, A.O21explained that Household solid waste management is a severe problem in East Africa Capital Cities. She has also developed a new conceptual framework for analyzing a role of households in solid waste management in East Africa’s capital cities. She also added to the scanty body of scientific knowledge of sustainable waste management by householders in East African countries.
This literature is important as it provides more knowledge on sustainable management of household solid waste. However, the author has a little focus on the legal frame work and has been more specific to household solid waste therefore; the research to be conducted will address broadly the issue of solid waste management with regard to the legal framework.
Thomas, E.M.22 raised critical issues in the management of solid waste and offered a basis for discussion among the wide range of disciplines and sector involved in solid waste management and suggested directions for future work in the practical dimensions of the challenge with which developing countries are confronted.
This literature is encyclopedic to the effect that the author has been successful in giving multi-disciplinary and multi-sectoral approach in solid waste management in a practical manner. Despite, the author having referred her work to the developing countries in
20Municipal Solid Waste Management, LAP Lambert Acad Publishers, (2011).
21The Role of Households in Solid Waste Management in East Africa Capital Cities, The Netherlands:
Wageningen Academic Publishers.(2011)
22Solid Waste Management: Critical issues for Developing Countries, Kingston Jamaica: Canoe Press
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general yet Tanzania provide different experience in solid waste management thus the research to be conducted will cover up the situation specifically in Tanzania.
Diaz, L.F et al.23 suggested the use of technologies that are environmentally sound for managing municipal solid wastes in developing countries, in their work they have covered a multitude of the principles of solid waste management processing and treatment. They have also discussed on the key non-technical aspects, and offered regional overviews on solid waste management.
This work is of principally sound in as far as the solid waste management concerns as the authors have given a scientific approach to combat solid waste in urban areas. However, their work has not based directly to East African region particularly Tanzania and the authors have not elaborate clearly the legal framework on the same, hence, this work will reveal the problem in Tanzanian context with due regard to the legal framework.
Singh, J et al24 in their piece of work analysed that human being in their ignorance and
lack of foresight, have now created so much inorganic waste that the whole planet is suffering from pollution in the air in the rivers and oceans of the world as well as on the landmasses. They had also dealt intensively with the aspect of organic and inorganic waste management and explain how each type of waste must be correctly dealt with if mankind is to decrease the outbreak of disease thereby ensuring that all inhabitants of the planet earth have a healthy future. They also emphasized on the responsibility and steps that each individual must take in every country of the world so as to take the earth to her former glory in 21st Century.
The authors have been successful in the sense that they have addressed the problem of solid waste management intensively as they have touched the impact of solid waste in human health. However, their study having been taken in India it rarely reveals the situation in Tanzania, thus the research to be done will cover the same in Tanzanian context.
23Solid Waste Management, Vol. 1, United Nations Environment Programme, (2005)
24Solid Waste Management: Present and future challenges, New Delhi- India: I.K International (Pvt)
10
Squires, C.O.25 in his paper, indicated that sustainable solid waste management is a relatively new discipline in small island developing states and success of solid waste management has been threatened by social risks associated with the inadequate inclusion of the public in decision making on solid waste management projects. He had also dealt with the aspect on how the timely and consistent application of appropriate public participation plans may assist in reducing project risks and enhancing efficiency in solid waste management.
This paper is relevant to the sense that it merges the concept of solid waste management in small island developing states which seems to be a new phenomenon. Nevertheless, being concentrated much on small island developing states the author has skipped some issues on solid waste management in non-island states such as Tanzania (mainland), hence the research to be conducted will cover on the aspect of solid waste in non-island state. 1.7 Scope of the Study
This research was conducted in Dar-es-Salaam city council particularly in Ilala municipality which is amongst the areas extremely affected by solid waste which has been stimulated by the high rate of urbanization coupled with the growth of spontaneous settlements, which are both subserviced and highly inaccessible.
This research involved different stakeholders including legal professionals, academicians, and government officials, officials from Non-Governmental Organisations (NGO’s) and common people from the areas directly affected by solid waste disposition. The scope chosen enabled the researcher to obtain information from different set of individuals relevant to the study.
1.8 Research Design and Methodology 1.8.1 Research Design
The design of this research based utterly on the case study, this was due to the shortage of time given for the research as well as other resources challenges such as financial
11
resources and human resources. The research was confined in Ilala municipality for primary data collection; secondary data collection was done through visiting the Tanganyika library in Dar-es-Salaam, Ilala municipal council headquarters office and Mzumbe University (Mbeya Campus College) library and Information Communication Technology (ICT) Centre.
1.8.2 Sampling Technique
The research was conducted to different group of persons which involved individuals of variety occupations such as academicians, legal practitioners, waste management officers, solid waste collectors, NGO’s officials and common people from areas dramatically affected with the solid waste dispositions. This allowed the researcher to have a considerable sample for obtaining information which was relevant to the study.
1.8.3 Sample Size
The sample size of the research included a total of twenty respondents ranging from three (3) academicians, three (3) legal practitioners, three (3) environmental officers, five (5) common people, three (3) NGO’s officials and three (3) solid waste collectors.
1.8.4 Sample Selection
Sample selection based on group of individuals of different disciplines of study and common people. This particular sample selection enhanced the researcher to acquire relevant information pertaining to the research.
The academicians and legal practitioners acquainted the researcher with knowledge on the legal framework on the solid waste management and get the information on the examination of the laws as to whether they are sufficient or not in catering the demand of the community in the urban areas.
Environmental officers, common people, NGO’s officials and solid waste collectors availed the researcher with the knowledge on the practice in as far as the solid waste management in urban areas concerns, as them being the direct actors and affected interest
12
in the entire process of solid waste management they were obviously in the position to reveal on the practice taken vis-à-vis the law.
1.8.5 Research Methodology
1.8.5.1 Field Research and Library Research
The researcher conducted the research with Ilala Municipal Council. The field study aided the researcher to collect the raw primary data from different respondents.
1.8.6 Data Collection
Data were collected both in primary and secondary data; in collecting primary data the researcher used numerous tools for primary data collection such as interview, questionnaire and observation. Secondary data were collected through documentary review.
1.8.7 Field Research
The field research was used to collect primary raw data; the methods which were used to collect the data were interview, observation and questionnaire. The interviews were both structured and unstructured so as to get first-hand information from the interviewee. 1.8.8 Interview
An interview is basically an interaction, where questions are posed or a discussion takes place, between two or more people with a specific purpose in mind. A researcher employed Interview as the research tool in the field with a view of collecting information. The researcher opted to use a combination of both structured and unstructured interview. The use of interview made the respondents feel free with the issues being discussed and that the flexibility of this tool helped the researcher in getting in-depth information on the problem of the study in the sense that it was done face to face, hence, it allowed an interviewee to seek clarification on the kind of questions that the researcher asked. 1.8.9 Observation
13
The researcher also used observation in collecting primary data. Observation helped the researcher to discover issues that could not come out from interviews and those that were concealed, either knowingly or unknowingly by the respondents. Observation involved close follow-up, observing events in the field and synchronizing them within the context of the theme of the study and at last draw a conclusion.
1.8.10 Questionnaire
A questionnaire is a written list of questions prepared in a series form by the researcher on a given legal problem that are sent to respondents. The researcher made use of this method in primary data collection in the field through commencing the process of discovery from the perspective of the respondent. This method was chosen due to the fact that questionnaires when carefully crafted and administered, they are very useful tool for getting data from specific groups or people or entire populations on the identified legal problem.
Questionnaires were both close-ended and open-ended, this tool were useful in time and financial management as well as enhanced the researcher in getting the relevant answers in accordance to the nature of the problem of the study.
1.8.11 Library Research
This method was engaged by the researcher as the second source of findings through library research, it helped the researcher to overcome the problem of integrating with subjects, saving time as well as in verifying genuineness.
1.8.12 Documentary Review
In gathering information, relevant documents were examined and consulted to supplement the primary data. The documents reviewed included the ones available at Ilala Municipal Council at Dar-es-salaam and Mzumbe University (Mbeya Campus College) library concerning the research topic which is about solid waste management in urban areas: an examination of the law and practice.
14
The essence of this method rests on the undisputable fact that not every literal work is published, many works are kept off-public and remain exclusively for offices use only , so the only way the researcher could obtain relevant information from these sources was through documentary review which were very effective and resourceful.
1.8.13 Data Analysis
The analysis of data was done qualitatively through translating; interpreting data into themes, the synthesis of themes were made by abstracting meanings from the themes and interpreting them focusing the meanings into research objectives.
1.8.15 Limitation of the Study
The study encountered some limitations such as lack of co-operation amongst the members of the Municipal to disclose some information pertaining to the research as they in one way or another injured their interest. Another constraint was time as the time given was hardly three months which affected the accomplishment of the research with regard to the field data collection.
Moreover, due to the fact that data on the study were anticipated to be collected from different sources and places, financial constraint to effect travel in different places led to inadequate data to meet the objective of the study.
15
CHAPTER TWO
CONCEPTUAL FRAMEWORK ON SOLID WASTE MANAGEMENT IN URBAN AREAS
2.0 Introduction
This chapter offers definitions and meanings of the central concepts on solid waste management (SWM) in urban areas in relation to the problem of the study. The meanings and definitions of the terms in relation to the problem of the study are offered due to the fact that terms or concepts in social sciences subjects which include but not limited to law are bound to have different interpretations and meanings depending on one’s view of the world, experience and frame of reference, so being aware of the fundamental concepts as have been used in this study will set the focus on the main theme of the problem, hence it will enhance easy and pragmatic understanding of the problem of this study.26
In furtherance this chapter also elucidates in nutshell the environmental law principles which are relevant to solid waste management as have been propounded in different environmental conventions, conferences, policy and legislations as the matter of widening the understanding of the problem undertaken by this study.
2.1.0 Conceptualisation of the Key Concepts
In undertaking this research it is paramount important to conceptualise different key concepts which relate to the problem, as far as this study concerns the following are the important key concepts in relation to the problem;-
2.1.1 Waste
Waste is the vast concept which may mean various things in its broad sense, however, Myneni27 construe waste to mean any substance that is discarded, they are rubbish or
26 Warioba M.D and Warioba L.M (2012) , Local Government Reforms in Tanzania, Mzumbe University ,
Morogoro-Tanzania, pg.1
16
materials that are not needed and are economically unusable without further processing. It may also mean any material that is not needed by the owner, producer or processor. Waste may be in liquid, gas or solid form and originate from a wide range of human operations, such as industry, commerce, transport, agriculture, medicine and domestic activities. Waste has always been a part of the earth’s eco-system, but its nature and scale were such that the eco-system could use it in its many cycles.28
The consequences of a material or substance being determined to be waste are important as such material will be subject to regulatory controls, with accompanying costs, and will also be perceived more negatively by the public. However, deciding whether a material or substance is waste is probably one of the most complex areas of environmental law.29 In Tanzania the current definition of waste is provided for under the Environmental Management Act30 which defines waste to mean any matter whether liquid, solid, gaseous or radioactive, which is discharged emitted or deposited in the environment in such volume, composition or manner likely to cause an alteration of the environment.31This
statutory definition of waste is at least satisfactory as it is too comprehensive to provide clarity for many purposes in the auspice of environmental management and protection. 2.1.1.1 Categories of waste in Ilala Municipality
There are various categories of waste composition in Ilala municipality, the following are classifications of waste as found in Ilala municipality with the percentage amount they contribute in waste composition;-
i. Food Waste
Food waste is the main category of waste found in Ilala municipality contributing to about 42%32 of all the waste composition in Ilala Municipality. The high rate of food waste in
28 Ibid, Pg. 150
29 Beckwith S and Thornton J (2004) , Environmental Law, 2nd Edition , Sweet and Maxwell , London , pg.
183
30 Act No.20 of 2004, Section 3
31 Section 3 of Environmental Management Act
17
Ilala Municipality is due to fast population growth resulting in daily waste generation levels which even exceed the handling capacity of the council with regard to the collection and transportation of waste.
ii. Grass/Wood
This also is the source of waste in Ilala Municipality with the contribution of about 22%33 of all the waste found in Ilala Municipality.
iii. Paper
Paper likewise is the source of waste found in Ilala Municipality which as well contributes to about 8%34 of all the waste found in Ilala Municipality.
iv. Plastics
Plastic as well form composition in waste found in Ilala Municipality with contribution of about 5%35 of all the waste found in Ilala Municipality.
v. Glass
Glass similarly is the source of waste in Ilala Municipality contribution to 3%36 of wholly
amount of waste found in Ilala Municipality. vi. Metal
Metal is also another category of waste found in Ilala Municipality with the contribution rate of about 2%37 of entirely the amount of waste found in Ilala Municipality.
vii. Textile
Textile is also another source of waste in Ilala Municipality which contributes to about 1%38 of all the waste found in Ilala Municipality.
33 JICA Study, Op. Cit. pg.17 34Ibid
35Ibid 36Ibid 37Ibid 38Ibid
18 viii. Leather / Rubber
Leather and rubber altogether are the source of waste in Ilala Municipality and contribute to about 1%39 of all the waste found in the Municipality.
ix. Ceramics/Stones
Ceramics are also another category of waste found in the Ilala Municipal with about the contribution of 1%40 of all the waste found in the Municipality.
x. Miscellaneous
These are other sources of waste in the municipality excluding the afore mentioned, which also contribute to waste composition in Ilala Municipality for about 15%41 with regard to all amount of the waste found in the municipality.
2.1.2 Solid Waste
Another concept that calls for attention in as far as this study concern is the term solid waste. The term solid waste as used in this context may be construed by tracing the meaning of the word ‘solid’ independently and then construe the general meaning when it is qualified by the term ‘waste’. Macmillan English Dictionary for Advanced Learners42
defines ‘solid’ simply to mean a substance that is not a liquid.
Myneni43 defined solid waste to mean any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material including solid, liquid, semi- solid or contaminated gaseous material resulting from industrial , commercial , mining and agricultural operations and from community activities , but does not include solid or dissolved material in domestic sewage. The solid waste includes garbage, paper, wood, cloth, plastic, iron scrap, food residue, and glass
39 JICA Study, Op. Cit. pg.17 40 Ibid
41 Ibid
42Shovel M (2007), Macmillan English Dictionary for Advanced Learners, 2nd Edition, A&C Black
Publishers Ltd, London, pg. 1421
19
containers as bottle, crockeries and other discarded materials from industrial operations, such as boiler slag and fly- ash.
Another author who attempted to define solid waste is Schubeler44who defined solid waste to include refuse from households, non-hazardous solid waste from industrial, commercial and institutional establishments (including hospitals), market waste, yard waste and street sweepings.
In Tanzanian context the meaning of solid waste is provided for under Section 345 which defines solid waste to mean non-liquid materials arising from Domestic Street, commercial, industrial and agricultural activities and includes refuse or garbage, non-liquid materials arising from construction and demolition activities, garden trimmings and mining operations m dead animals and abandoned cars scraps. This statutory definition of the term solid waste is exhaustive as it covers a wide range to reflect the concept.
2.1.3.0 Effects of Solid Waste
Billions of tons of solid waste are generated globally; cities in the developed countries produce more solid waste per capita than the cities that are located in the developing countries.46For instance, a typical American generates an average of 2Kgs of solid waste each day, 47whereas in Africa is approximately 0.5Kgs per person.48
Solid wastes released by cities are referred to as municipal solid waste (MSW). Solid waste affect environment in various ways especially when not properly managed, the following are the impact of solid waste on environment;-
2.1.3.1 Effect of Solid Waste on Terrestrial and Aquatic Life
The terrestrial organisms such as plants and animals are always exposed to risks of health and life due to pollution related to solid waste accumulation. For instance; - animals such
44Schubeler P (1996) , Conceptual Frame work for municipal solid waste management in Low income
Countries ,UNDP/UNHCHS(Habitat)/ WORLD BANK/ SDC Collaborative Programme on Municipal
Solid waste management in Low income countries.(Working Paper No.9), pg.18
45 Environmental Management Act [Act No. 20 of 2004] 46 Myneni, Op. Cit. pg. 150
47 Ibid
20
as cows and goats die of eating plastic wastes.49On the other hand solid and liquid wastes that accumulate in water bodies affect the physical, chemical and biological characteristics of the aquatic ecosystem.
The life form in the aquatic ecosystem is adversely affected by the solid waste accumulation and the impact can range from less reproduction and also reduction in total population of various plants and animals to the extinction of a few species which cannot survive in the changed environment.50
2.1.3.2 Effect of Solid Waste on Health
Domestic and Industrial solid wastes are dumped in residential areas, which causes unhygienic conditions and ultimately results in outbreak of diseases such as cholera and malaria51 For example;- coloured plastics are harmful as their pigment contains heavy metals that are highly toxic, some of the harmful metals found in plastics are copper, lead, chromium, cobalt, selenium, and cadmium.52
The effect of solid waste on health in Tanzania was given weight in the landmark case of
Festo Balegele v. Dar-es-salaam City Council53 in which the court held that the City
Council decision to locate the garbage dump near residential areas violated plaintiffs’ Constitutional rights to healthy environment. In his own words Lugakingira J (as then was) had this to say;-
“I have never heard it anywhere before a public authority or even an individual to
go to court and confidently seek for permission to pollute the environment and endanger peoples’ lives, regardless of their number. Such wonder appears to be peculiarly in Tanzania but I regret to say that it is not any court to grant such a prayer. Article 14 of our Constitution provides that every person has a right to life and to protection of his life by the society. It is therefore a contradiction in terms
49
http://www.shareyouressays.com/110866/what-is-the-impact-of-waste-accumulation-on-terrestrial-aquatic-lifeaccessed on 28th November 2013 at 1405Hrs 50 Ibid, accessed on 28th November 2013 at 1410Hrs 51Myneni, Op. Cit. pg. 155
52http://edugreen.teri.res.in/explore/solwaste/health.htm accessed on 28 November 2013 53 Misc. Civil Case No. 90 of 1991 [High Court] (Unreported)
21
and a denial of this basic right deliberately to expose anybody’s life to danger or what is eminently monstrous to enlist the assistance of the court in this infringement.”
2.1.3.3 Effect of Solid Waste on Landscape
Improper disposal of the solid waste in the highways and other places spoil the landscape to a great extent, this in turn affect the whole community.54Solid waste is one of the major causal factors for filthiness in most of the cities in the world. For instance; - cities like Mwanza, Arusha, Dar-es-salaam are adversely affected by solid waste pollution.
2.1.4.0 Solid Waste Management (SWM)
Solid waste management (SWM) is also defined under section 355 to mean an essential service that is provided to protect the environment and public health, promote hygiene, recover materials, avoid waste, reduce waste quantities, decrease emission and residuals and prevent spread of diseases.
Solid Waste Management also, refers to the collection, transfer, treatment, recycling, resource recovery and disposal of solid waste.56In its broad sense solid waste management may be considered as a cyclical process of setting objectives, establishing long- term plans, programming, budgeting, implementation, operation and maintenance, monitoring and evaluation, cost control, revision of objectives and plans.57Solid waste management
can be attained vide adopting some strategies such as;- 2.1.4.1 Source Reduction
Source reduction is one of the fundamental ways to reduce solid waste. Source reduction involves using less material when making a product, reusing production on site designing products or packaging to reduce their quantity of waste thrown away.58Source reduction is the highest goal in the solid waste management hierarchy as the practice of source
54 Myneni, Op. Cit. , pg.155
55 Of the Environmental Management Act 56 Schubeler, Op. Cit. pg.3
57 Ibid
22
reduction benefits the environment through reduced energy consumption and pollution, conservation of natural resources, and extension of valuable landfill space. It can also have economic benefits by reducing costs associated with transportation, disposal or recycling of waste. Plus, source reduction can save money every day.59
Source reduction can be a successful method of reducing waste generation for instance at the individual level we can reduce the use of unnecessary items while shopping , buy items with minimum packaging , avoid buying disposable items and also avoid asking for plastic carry bags.60
2.1.4.2 Recycling
The term “recycling” means reusing some components of the waste that may have some economic value. Recycling diverts items such as paper, glass, plastic and metals from the waste stream. These materials are sorted, collected and processed and then manufactured, sold and bought as the new products.61
Recycling prevents the emission of many greenhouse gases and water pollutants, saves energy, supplies valuable raw materials to industry, creates job, stimulates the development of greener technologies, conserves resources for the future and reduces the need for new landfills and incinerators.62However, recycling is associated with technical
and economic problems for example; - plastics are difficult to recycle because of the different types of polymer resins used in their production.
2.1.5.0 Solid Waste Disposal
Solid waste disposal is defined under The Environmental Management Act 63to mean the final stage in solid waste management system. The disposal of solid waste can be carried
59http://www.mde.state.md.us/programs/Land/RecyclingandOperationsprogram/SourceReduction/Pages/pr
ograms/landprograms/recycling/source_reduction/index.aspx accessed on 28 November 2013 at 1523Hrs
60 Ibid
61 Myneni, Op. Cit. pg. 154-155 62 Ibid
23
out by several methods such as composting, vermicomposting, land filling and incineration;-
2.1.5.1 Composting
Composting is the biological decomposition of organic waste such as food or plant material by bacteria, fungi, worms and other organisms under controlled aerobic (occurring in the presence of oxygen) conditions.
The end result of composting is an accumulation of partially decayed organic matter called humus.64Composting involves degradation of organic wastes by micro- organisms in the presence of oxygen and provide a number of attractive features.65
The prepared compost is supplied to nurseries, kitchen gardens and horticulture department. The urban solid waste can be disposed of through a biotechnology-based ‘anaerobic digestion process’ which produce valuable organic manure and methane that can be used as fuel to generate power.66
2.1.5.2 Vermicomposting
Vermicomposting is a simple way of turning organic household waste into a useful soil conditioner and fertilizer for houseplants, gardens and lawns.67This technique is popularly
known as ‘earthworm forming’.
It is an important bio technique for concerting solid wastes such as sewage sludge and domestic wastes into compost with the help of earthworm overtime. It requires less space than normal composting methods, and is therefore ideal for apartments and other settings in high density urban areas.68
64http://livinggreen.ifas.ufl.edu/waste/composting.html accessed on 28 November 2013 65 Myneni, Op. Cit. pg. 155
66 Ibid
67http://environment.alberta.ca/02984.htm accessed on 28 November 2013 at 1634 Hrs. 68 Myneni, Op. Cit. pg.155
24 2.1.5.3 Incineration
Incineration is an industrial process designed to reduce unwanted materials to simple solid and gaseous residues. It is the process of controlled burning of waste at high temperature (i.e. 850 Centigrade degree) in the presence of air. Emission of fly ash and other particles are often controlled by wet scrubbers, electrostatic precipitators and bag filters. It is a hygienic way of disposing solid waste and is more suitable if the waste contains more hazardous material and organic content.69
2.1.5.4 Land- filling
The term “land-filling” means a method of solid waste disposal in which refuse is buried between layers of dirt so as to fill in or reclaim low-lying ground.70It is the most common and cheapest method of waste disposal; landfills are engineered where solid waste is placed into the land.71
2.1.6. Urban Authority.
The term Urban Authority as has been used in this context has the meaning as connoted under the Local Government (Urban Authorities) Act72which give the general definition
of the term urban authority to mean a town council, a municipal council or a city council. Urban authorities are generally responsible for the provision of solid waste management including but not limited to the collection and disposal services. Urban authorities are the legal owners of waste once it is collected or put out for collection.
Responsibility for solid waste management is usually specified in bylaws and regulations made by the particular urban authorities and may be derived, more generally, from policy goals regarding environmental health and protection.73The authority to enforce bylaws
69 Myneni, Op. Cit.pg.157
70http://www.thefreedictionary.com/landfillingaccessed on 28 November 2013 71 Myneni, Op. Cit. pg. 157
72 [CAP 288 RE 2002] 73 Schubeler P, Op. Cit. pg.21
25
and regulations, and to mobilise the resources required for solid waste management is, in principle, conferred upon local governments by higher government authorities.74
2:1:7 Experienced Problems Relating to Solid Waste Management in Ilala Municipality
Ilala Municipality has been experiencing some problems with respect to solid waste management. The following hereunder are the utmost experienced problems relating to solid waste management in Ilala Municipality;-
2:1:7:1 Insufficient Resource Mobilization
Ilala Municipality has been experiencing insufficient resource mobilization as there is a lack of appropriate mechanisms for Council to collect refuse charge (RCC), funds to replace the aging fleet of vehicles and other equipments, equipments maintenance and repair.
2:1:7:2 Selection of Appropriate Technologies
Ilala Municipality also has been facing the trouble in the selection of appropriate technologies as there are poor systems for Solid waste storage at households level, segregation of waste at point of generation, primary collection, secondary collection and transportation is not linked to primary collection due to inadequate of communal storage facilities and proper managed disposal site and waste transfer station.
2:1:7:3 Privatization Problems
Ilala Municipality likewise has been facing the challenges associated with privatisation since there are poor residents and businesses cooperation on willingness to pay refuse charges, lack of contractor’s operational experience in solid waste management and inappropriate equipment base, lack of transparency in customers, mobilization and financial information, weak institutional arrangement especially at grassroots level capacity, inadequate enforcement of the existing legislations and lack of awareness on
74Schubeler P, Op. Cit. pg.22
26
community involvement in solid waste management as a result even Recycling cannot comply due to existing situation.
Furthermore, the central government does not subside the waste collection activities thus Ilala seems always dirty due to the burden of its location say Kariakoo market –pollutions with limited resources.
2.2 Environmental Management Principles Relating to Solid Waste Management Solid waste management being part and parcel of environmental management has handy relationship with the principles of environmental management. Since environmental pollution has become a threat to global sustenance, the efforts to combat the growing environmental pollution are in full swing both at the national and international level.75 This attention has led to the formation of different environmental principles in different international conventions and declarations such as Rio Declaration76 and many others of the like, which also get domestication in our country vide our policies and legislations such as National Environment Policy77and Environmental Management
Act78respectively. The following are some of the environmental management principles
which relate to solid waste management;- 2.2.1 The Precautionary Principle
Solid waste management entails the Precautionary Principle which requires that where there is a risk of serious irreversible adverse effects occurring, a lack of scientific certainty should not prevent or impair the taking of precautionary measures to protect the environment.79
The precautionary principle is pertinent to solid waste management as it urge for the society to seek to avoid environmental damage by careful forward planning , blocking the
75Guppta D, (2008) , Text Book on Environmental Law, 2nd edition , Asia Law House, India , pg.95 76 1992
77 1997
78 Act No.20 of 2004 79Ibid, Section 7(a)
27
flow of potentially environmental harmful activities. Also, this principle can be invoked to justify the implementation of vigorous laws for solid waste management.
2.2.2 The Polluter Pays Principle
This principle is enunciated in the Environmental Management Act80 and it has the relation to solid waste management in the sense that the principle requires that any person causing adverse effect on the environment inter alia being pollution by solid waste be required to pay in full social and environmental costs of avoiding, mitigating and/or remedying those adverse effects.
It means the absolute liability for harm to the environment extends not only to compensate the victims of pollution but also the cost of restoring the environmental degradation.81 2.2.3 The Public Participation Principle
It is also the principle having the relation with the solid waste management of which requires the involvement of the people in the development of policies, plans and processes for the management of the environment.82Solid waste management is the mirror image of
public participation principle since it needs voluminous cooperation of the public and other actors.
2.2.4 Waste Minimisation Principle
It is another principle having relation with the solid waste management which entails that the generation of waste be minimized, wherever practicable waste should, in order of priority, be re-used, recycled, recovered and disposed of safely in a manner that avoids creating adverse effects or if this is not practicable, is least likely to cause adverse effects.83This principle hold water in as far as solid waste management concerns as re-use and recycling of the solid waste is highly advisable and recommended.
80Act No.20 of 2004, Section 7(c)
81Vellore Citizen Welfare Form v. Union of India and others , AIR 1996 SC 2715 82Environmental Management Act , Section 7(d)
