Part V — Bye-Law No. 4 of 2016
Environmental Sanitation Bye-Law
Premises Inspection & Prohibition of Indiscriminate Dumping of Refuse and Other Environmental Health Offences
Environmental Sanitation, Premises Inspection & Refuse Prohibition
Part V — Bye-Law No. 4 of 2016In accordance with the provisions of Section 7 and the Fourth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Environmental Health Practice Regulation 2016 and other relevant sections of the Local Government Act, Laws of the FCT Abuja, 2006 and other enabling Laws, Bwari Area Council hereby promulgates the following Bye-law.
Purpose of this Bye-Law
Objectives — Sections (a) to (f) Provide law for enforcement of the regulatory powers in the Act.
Prevent and abate nuisance; protect and promote the physical and social well-being of the public.
Prevent and control the incidence of communicable diseases through environmental health intervention.
Reduce environmental hazards to health and safeguard the aesthetic value of the environment.
Promote general welfare by regulating the sanitary construction and sanitation of all premises.
Regulate public and private sector collaboration for maintaining adequate sanitation and public health.
Sanitation of Premises
Part II — Obligations of Occupants, Tenants, Operators- Every premise shall conform to existing environmental health laws, regulations and approved building laws, and be maintained to prevent structural defects or nuisance.
- Every tenant and occupier of any building shall ensure cleanliness of premises — particularly the backyard and courtyard.
- Every owner or operator of a restaurant, hotel, night club, clinic/hospital or school shall ensure the cleanliness of all toilets and bathrooms within the premises.
- Every operator of hotel, restaurant, bakery, factory shall on instruction of an Environmental Health Officer ensure immediate disinfection of premises to prevent mosquitoes, rats, mice and other parasites.
- No pedestrian shall dispose of scrap paper, newspaper, candy wrappers, fruit peels or similar refuse anywhere except in litter bins.
- Every commercial vehicle shall carry a litter bin for passengers' use. No passenger shall throw any litter onto the road from any vehicle.
- No person shall dump any domestic, industrial or commercial waste indiscriminately along highways, roads, gorges, or vacant land except at designated refuse disposal sites.
Road & Structural Prohibitions
Sections 9–12 — Construction, Road Use, Road Cutting- No person shall construct or put up any structure on roads, rails or footpaths.
- No person shall use any road, street or set-back as a mechanic workshop.
- No person shall defecate or urinate in drainage or any open space.
- No person shall organize or hold any social parties or religious activities on any major road.
- No person shall dig across any road without prior written approval or permit from the Area Council Authority. The person who lawfully digs a road shall reinstate the part within seven days.
Road-Cutting Permit Fee: There shall be payment of ₦20,000 (Twenty Thousand Naira) for any permit to dig across a road. This fee is subject to review by the Bwari Area Council as and when necessary.
Waste Management Rules
Sections 15–22 — Handling, Disposal, and Private Operators- All vehicles or containers used for transporting refuse shall be securely covered such that the contents do not litter the road.
- All domestic refuse must be packed in plastic waste bags before disposal.
- All waste from markets, restaurants, schools, shops, religious premises and commercial institutions shall be packed in plastic waste bags before disposal.
- No person shall burn or bury refuse on any tenement or open place, or throw or bury industrial or commercial waste on any tenement.
- No obnoxious, toxic or poisonous waste shall be deposited in a waste dustbin.
- No person shall dispose of domestic refuse or waste except through a private sector participation operator.
- All tenements, markets, motor parks, stores and other places shall provide a standard waste bin with tyres for collection of refuse to designated landfill sites.
Offences & Penalties
Section 20 & Third Schedule — Fines, Corporate Fines, ImprisonmentGeneral Offence: Any individual who contravenes or fails to comply with any provision of sections 1–18 of this By-law is guilty of an offence and shall on conviction be liable to the fine specified under the Second or Third Schedule.
Obstruction: Any person who obstructs any authorised officer carrying out the provisions of this Bye-Law is guilty of an offence and upon conviction shall be liable to a fine of ₦50,000 (Fifty Thousand Naira) or imprisonment of six months.
Failure to Abate Nuisance: Any person who fails to abate a nuisance after being served with an Abatement Notice shall be liable to a fine of ₦10,000 (individual) or ₦50,000 (company).
Third Schedule — Premises Inspection Fines
| # | Violation | Fine (Individual) | Fine (Corporate) | Imprisonment |
|---|---|---|---|---|
| 1 | Property occupied without Certificate of Habitation | ₦200,000 | ₦500,000 | 3 Years |
| 2 | Loose rubbish | ₦7,000 | ₦15,000 | 1 Month |
| 3 | Exposed material | ₦15,000 | ₦30,000 | 1 Month |
| 4 | Failure to separate waste | ₦15,000 | ₦30,000 | 6 Months |
| 5 | Sidewalk obstruction | ₦30,000 | ₦45,000 | 1 Month |
| 6 | Street obstruction | ₦30,000 | ₦45,000 | 1 Month |
| 7 | Commercial waste disposal offence | ₦100,000 | ₦200,000 | 6 Months |
| 8 | Illegal dumping of refuse | ₦100,000 | ₦200,000 | 2 Months |
| 12 | Failure to clean drains | ₦100,000 | ₦80,000 | 6 Months |
| 13 | Sewage disposal offence | ₦150,000 | ₦300,000 | 3 Years |
| 14/16 | Waste burning | ₦30,000 | ₦60,000 | 6 Months |
| 17 | Silt disposal along drains | ₦35,000 | ₦50,000 | 3 Years |
| 19 | Cutting of roads without approval | ₦400,000 | ₦700,000 | — |
| 21 | Hazardous material dumping | ₦50,000 | ₦80,000 | 6 Months |
| 22 | Chemical waste dumping | ₦150,000 | ₦400,000 | 3 Years |
| 24 | Medical waste dumping | ₦50,000 | ₦80,000 | 6 Years |
First Schedule — Waste Disposal / Sanitation Service Rates
Monthly & Annual Chargeable Rates by Establishment Type| Establishment | Monthly (₦) | Annual (₦) |
|---|---|---|
| Factory / Industry | 25,000 | 300,000 |
| Corporate Organisation | 10,000 | 120,000 |
| Supermarket | 30,000 | 360,000 |
| Petrol Station | 20,000 | 240,000 |
| Hotel / Apartment | 10,000 | 120,000 |
| School | 10,000 | 120,000 |
| Hospital / Clinic | 10,000 | 120,000 |
| Restaurant / Cafeteria | 10,000 | 120,000 |
| Bakery / Printing Press | 10,000 | 120,000 |
| Shop / Workshop / Kiosk | 10,000 | 120,000 |
| Shops in Market | 750 | 9,000 |
| Bungalow | 5,000 | 60,000 |
| Duplex Apartment | 4,000 | 48,000 |
| Drink Joint / Bar | 5,000 | 60,000 |
| Shop in Plaza | 20,000 | 240,000 |
| Bio-Hazardous | 50,000 | 150,000 |
| Residential Apartment | 50 | 600 |
| Hawkers | 50 | 600 |
Interpretation
Definitions of Key Terms"Industrial waste" means waste generated from any premises used wholly or partially for manufacturing or servicing operations and includes waste from mines or quarries.
"Owner" means a landlord, state lessee, joint owner, tenant for life, mortgagee in possession, or any person in actual possession, including a person acting with the authority of the owner.
"Refuse" means garbage and other discarded solid material from agricultural operations and from community activities, and includes solid scrap building material.
"Structure" includes a fence, kiosk, or stationary vehicle used for the display of wares or as a cafeteria.
"Waste" includes waste of all descriptions of any substance which constitutes scrap materials, an effluent or other unwanted substances arising from the application of any process.
Duly passed by the Bwari Area Council Legislative Arm.
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