Beruflich Dokumente
Kultur Dokumente
Vol. 98
S. I. No.
23
Short Title
National Environmental (Electrical/Electronic Sector)
Regulations, 2011
Page
B 729-797
8729
ARRANGEMENT OF REGULATIONS
REGULATIONS:
1.
-,
2.
3.
4.
5.
6.
7.
S.
9.
10.
11.
12.
13.
14.
15.
l6.
17.
IS.
19.
20.
21.
22.
23.
24.
25.
26.
Citation.
Thrust.
Importation of Electrical Electronic Equipment (EEE).
EEE Facility Requirements.
Emergency Response Plan.
Installation of Anti Pollution Equipment.
Polluter Pays Principle.
Best Practices.
Best Practices in Infonnation and Communication Technology Sector.
Pollution Control Organisational System .
Extended Producer Responsibility.
Permits.
Management of oil station and fuel dumps site.
Community Relations.
Effluent Limitation Standard.
Restriction on the release of toxic effluent.
Treatment of Effluent.
Sludge Disposal.
Emission Standards.
Priority Air Pollutants.
Burning of Fuels.
Treatment Technologies (Pollution Abattement) for Air Emissions.
Noise Standards.
Noise Abatement.
Hearing Conservation Program.
Noise Monitoring.
8730
PART If-
SAMPLING PROCEDURES
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
E-waste Handling.
RegistrationiLicensing/Approval.
Prohibition on e-waste.
Use of PPE.
Citizens' Obligation.
Collection Centre/Recycling Plant operations.
Record Keeping.
Transit Permit.
37.
38.
39.
40.
41.
42. Insurance Policy.
43.
General Permits.
44. Permits.
45.
Effective DatelValidity.
53.
54.
55.
56.
Reporting Requirements.
Authorized Signatory.
Monitoring Records.
Confidential Information and Public Access to Records.
P ART VI-ENFORCEMENT
8731
Penalty.
PART IX-M,SCELLANEOUS
B733
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 Standards and Regulations EnforcemcntAgency (Establishment)Act,
2007, and all other powers enabling me in that behalf, I, MR JOHN OOEY, Honourable
Minister, Federal Ministry of Environment, hereby make the following Regulations-
Commencement.
Citation.
Thrust.
(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.
Imp<lrIation
of EEE.
(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 :
of comparative model of equipment;
fit for purpose;
functional and not scrap;
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.
(a)
(b)
(c)
(d)
~------------------------~~
B734
EEE FacililY
RequiremenlS.
ef activity;
- (b) submit to the Agency an Environmental Audit Re port (EA R) of
existing facility every 3 years;
(c) without prejudice to sub~ regulation I (b) of thi s Regulation, where a
body corporate/organisation is 1O be decommissioned, transferred or
alienated for any reason whatsoever, submit to the Agency an Environmental
Assessment Report for verificati on and approva! ;
(d) submit a right-of-way Maintenance 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
Regula"iions.
B735
(2) Every body corporate /organisation shall for the purposes of subregulation ( 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 ou t 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 shall 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.
Installation
of antipollution
equipment.
(2) The installation of anti pollution equipment made pursuant to subregulation 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.
PolluterPaysPrinciple.
Best
Practices.
B736
leT Sector.
Pollution
Control
Organisational
System.
Responsibility.
-,--------------------~-=~~~~~~========-
B737.
(4) It shall be the responsibilities of the(a) manufacturers, Importers, Distributors or Retailers to take back the
e nd-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-life EEE to the coll ection points or
centres; and
(d) all importers of new andior used EEE to pay an administrative cost
to NESREA to promote Environmentally Sound Management of WEEE.
Permits.
(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.
Management
of oit station
and fuel
dumps site.
...
Community
Relations.
EFFLUENT LIMITATION
Effluent
Limitation
Standard.
8738
(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 the 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.
toxic
cfflut.!nt.
or organisation ensures that the parameters of 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
17.-(1) Every body corporate or organisation shall(a) carry out effective treatment of effluent all 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.
Disposal.
8739
(4) Any sludge beside purely domestic 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.
Emission
Slandards.
Priority Air
Pollutants.
Burningof
Fuels.
B740
(b) the actual total sulphur dioxide emission s from the entire body
corporate or organisation are less than the allowable sulp hur dioxide
emissions.
Treatment
Technologies
(Pollution
Abatement)
for Air
Emissions.
Noise
Standards.
Noise
Abatement.
Hearing
Conservmion
Program.
Noise
Monitoring.
0'
B741
(2) the atten uati 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 II-SAMPLlNG PROCEDURES
Colle(;tion
and analysis
of samples.
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:
Spot
sampl ing for
physical or
chemical
parameters.
(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
di scharge ; 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 composite sample for the purpose of analysis for all tes ts other
than those for temperature and pH shall be taken by combini ng individual
sam ples 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;
Composi te
sampling for
physical or
chemical
parameters.
(b) two of the composite samples, collected when the discharge has
been stopped, will be used to prove the source and extent of pollut~n ;
(c) (he samples shall be kept as cool as at s ite condi tions licence.
Sample analysis shall com mence not later than 24 hours after taki ng the
last sa mple; and
(d) where the discharge has stopped or is intermittent, two grab samples
shall be collected at the nearest practicable point within one kilometre
upstream and downstream each of the point of di scharge.
30. The whole volume of spot samples for further laboratory analysis
shall be taken at one time at the point of discharge.
Sampling for
licence
classification.
B742
Sampling for
olher
parameters.
31. Where fu ll laboratory faci li ties do not exist on the site, or in the
absence of a calibrated 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-
(cl) active sampling for S02 shall use the West-Gaeke, hydrogen peroxide!
(j) continuous sampling of any gaseous air pollutant shall use instrument
with detection range accommodating the maximum allowable limit of
874j
33.-(1) Noise levels shall be measu red with instrument having both A
and C weighting, a resolution not more th an 0.1 dB and fast Is low res pon ses.
Noise
Measuremelts.
III
~-WASTE-CONTROL
I,andfi il ;
(c) co llec ted for recycling are transported to the designated recycling~
centre; and
(d) open burning is prohi bited . .
(5) Every body corporate or organisation shall ensure that the facility is
maintained in a clean and orde rl y condition;
(6) Operator of e~waste collecti on centers and transporter to recycl ing
plants shall :
(a) maintain copies of all e~waste manifests and/or receipts and copies
shall be made available for review during an in spect ion visit by officers of
the Agency;
(b) forward a copy of the
day s of waste removal; and
e~wasle
e~waste,
E~Wasles
Handling.
B744
Regislr.ltion/
Licensing
Appro\lal.
Prohibition
on e- waste.
(f) leach precious metals with acids and other hazardous waste from
Printed Wire Boards (PWBs) or Printed Circuit Boards(PCBs).
Use of PPE.
37. Every body corporate or organisation involved in the handling of ewaste shall ensure that the technicia ns, repairers or scavengers wear
appropri ate Personal Protecti ve Equipment (PPE).
C itizens
Obligation.
Collection
Cenlre/
Recycling
Plant
operations.
Record
keeping.
-~---------------===========~
B745
(2) An operator of any collection centre and recycling plant shall keep
records and furnish the Agency in the prescribed format quarterly af the quantity
of e-waste received a nd the quantity recycled and shall keep such records for
a minimum period of 5 years.
41.-{I) A person shall not export or transit e-waste without a valid
trans-boundary and movement permit issued from the Federal Mini stry of
Transil
Permil.
Environ ment.
(2) An export permit issued under these Regulations shall relate to the
specific export transaction s and shall not be valid for any subsequent export
transactions.
42. An applicant for a permit issued under these Regu lations shall satisfy
the Agency that he has subscribed to appropriate insurance policies for the
applicant's staff and the public covering risks li ke ly to arise, out of the ac tivit y
fo r which the license is req uired.
Insurance
J1(J li ('~
Permits
Generally.
Effective
Date!
Validity.
8746
Transfer of
Permits.
Permit
Application
Procedure.
Permit
Terms and
Conditions.
(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
(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 control equipment;
8747
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.
48.-( 1) A Permit holder proposing to make any change in its discharge
volume or quality, shall apply for a permit modification at least ninety (90)
days before making any changes subject to approval.
Permit
Mo:Iifications.
Permit
Revocation
50. A permit does not convey any proprietary rights of any sort, or any
.exclusive privilege.
Property
Rights.
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.
Duty to
Provide
Informalion .
(2) The Permit holdershall also furnish the Agency, with copies of records
required to be kept in respect of the permit.
B748
PART V INDUSTRIAL EFFLUENT MONITORING AND REPORTING
Reporting
Requirements.
(2) The Permit holder shall submit to the Agency qu arterly, a desc ription
of the nature, concentration 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 listed
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 shall in stall moni lOring eq uipment to fac ili tate
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 ti mes. A permit holder who
di scharges emuents shall have in place(a) Flow meters
(b) Point Inspector Chambers
(c) Recording Apparatus
Regulations.
(7) T he Permit holder shall be requ ired to report to the Agency if the
Permit holder:
(a) Commits a serious violation in any month ;
8749
(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.
53.-(1) The Permit holder shall sign the report referred to in sub
regulation (7) of RegulatioIl52 and attach a copy of the Certificate of analysis
from the Agency's accredited laboratory.
Aulllorized
Signatory.
Moniloring.
Records.
Confidential
Information
and Public
Access to
Records.
PART VI-ENFORCEMENT
,Iio
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.
Enforcement.
Notices.
8750
(3) The provi sions of sub-regulat ion (2) (a) of this regulation shall apply
whether or not the parti cular manner of operat ing the faci lity in question , is
regu lated 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 reasonab le time:
(a)
for anal ysis, 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 necessary for the purpose
of these Regulations any article by means of or in relation to whi ch he
reasonably believes any prov ision of these Regulations has been contravened.
EquilY
Mode of
delivery.
Enforcement
notice
Reminder.
Suspension
of Permit.
Offences.
VII . . . . . OFFENCEs
B751
(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<;mic
Equipmenrfacility without providing e-waste collection centre for take-back
of the e-waste in Nigeria.
(3) It shall be an offence if a person, body corporate or organization:
(a) discards, throws, drops e-waste anywhere except in designated
authorized collection centre or point;
(b) burns e-waste in the Nigerian environment;
(c) disposes e-waste along side domestic and or municipal waste;
(d) disposes e-waste at dump site, I~Qd-1ii1 site, water body, or any other
place except at the designated recycling pla~t ; '<
(e) breahCathode Ray Tubes (CRTs). improperly;
(J) releases Chlorofluorocarbons (CFCs) from fridges and other cool ing
system in an environmentally unsound manner;
(g) leaches precious metals with acids and other hazardous waste from
Printed Wire Boards (PWBs) ;
(h) transports e-waste to non-designat~d recycling plant;
waste f-a.Cility ;
(k) fails to maintain e-waste facility In a sanitary manner;
(I) fails to comply with thedecommissioning conditions of e-waste facility
as may be prescribed by the Agency;
..
(m) fails to submit to the Agency within a specified period, informationl
data about materials received at its facility; and
.
(11) fails to submit an Environmental Audit Report::ts required by these
Regulations.
62. It is an offence if a person, body
comply:
Ca) with any of the conditions of the permit;
(b) with the requirements of an enforcement notice or closure notice
under these Regulations; and.
Contravemion
of permit
condilion.
8752
measures.
(/1) Ensure the use of Perso nal Pro tec 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;
,r
8753
(d) imposes penalty on any employee who reports cases of contravention
of these Regulations to the Agency;
(e) transports, any effluent and slu dge which is not covered by a
manifest ;
.
(j) transports effluent and sludge which are not completely enclosed,
covered and secured; and
(g) transports hazardous effluent and sl udge in bulk without prior
authori zation from the Agency.
Fail ure to
report.
Discharge or
release effluent and sludge into the envi ronment beyond the
permissible level ;
(a)
(b) fai l to report release of effluent and sludge into the environment in
excess of perm issible level as contained in these Regu lations;
efn uent
beyond
pennissible
level.
(c) fail to take reasonable measures to preve nt, reduce or remedy the
adverse effect of effluent, sludge and emissions released into the environment.
P ART VIII-PENALTY
67.--(1 ) Any person who violates the provisions ofregulation 6 1 subregulati on (I) (a) of these Regu lations co mmit s an offence and ,11.111 .In
conviction be liab le to a fine not exceeding Fi ve hundred Thous<tIl .1 ' . 1. 1
(N500,OOO:OO), or to imprisonment for a term not exceeding two year, <11" hI
both such term and imprisonmen t.
(2) Any person who violates the provisions of regulati on 61(I)(b) to
Regulation 66 of these Regulations commits an offence and shall on conviction,
be liable to a fi ne not exceeding N200,OOO:OO or to imprisonment for a term
not exceedi ng six months or to both such fine and imprisonment and an
the offence subsists.
additional fine of N5,OOO:OO for every
day
.1
Penalty.
8754
PART IX-MISCELLANEOUS
Recognition
fo<
envimmrenlal
leadership.
inlerprelnlion.
B755
B756
B757
(b) An independent evaluation of a party's environmental compliance,
policies, practices and control;
"EfA" (Environmental Impact Assessment;) means the process of
8758
,"
8759
etlse,,..;:I/).)
"Recyclmg" means the reprocessing in a pr(Viuclion ~roces.s ufthc ' ''".I<;: I.e
materi als for the original purpose or for other purposes, bu~ excluding em.:rgy
recovery which means the use of combustible waste as a means of generating
energy through direct incineration with o r without other waste but with
recovery of the heat, and "recycled" and "recycling operation" shall be
construed accordingly;
"Reuse" means any operation by which e-waste/WEEE or components
thereof are used for the same purpose for which they were conceived,
inciudi ng the continued use of the equipment or components thereof which
art" returned to collection points, distributors, recyclers or manufacturers.
and 'reuscJ" shrJ: be C C~1!:T1P.d according ly;
"Scavengel)' means a person who searches and picks was te thal ~an
be useful for recycling purposes by people rha! will convert thell l to other
useful forms;
"Sludge" means liquid or solid sediments and other residue fro m a
municipal sewan:e collection and treatment system and liquid or sol id and
other septic from septic or holding wnk pumping from commercial, industrial
or residual establishments;
"Small scale business" me a ns any fac ility that has less than ten
employees ;
"Spot sampling" mea ns sample of li qJ,;-t o r ::Ot,ti. men ts obtained at a
specific depth in side a tank using a bott le, Spot samries are analyzed to
determine the gravity of th e oil, base sediment and water of the fluid in
the tank ;
"Standards" means a consensus document wi th lim it!, :
"Telepholle devices" mr.ans any termin al device capable of being used
for transmitting or receiving any communicati ons over a network designed
for the transmi ssion of voice frequency communication :
,.
8760
Of
hazards to human
"Treatment" means any activity after the EEi\V has been hand~d over
a facility fordepollu;.ion. dis3ssembly. 51: edding. recovery or preparation
for disposal and any ether ope ration carried out for the recovery or disposal
or both of the EEEW, and HtrearllI~n:"
"Used EEg' means sccondhand EEE that are functional a nd mea nt for
(0
reuse:
8761
SCHEDULE
CATEGORI ES OF
EEE C OVER ED
BY TH ESE R EGULATIONS
(b ) refrigerators;
(c) Freezers ;
(cl) other large appliances used for refrigeration. conservation and storage
ofrood ;
(e) washing machines;
(j) wate r Heaters ;
(g) clot hes dryers ;
(h) dish washing machine3 ;
(i) electric Cooking Utensi ls;
U) electric stoves;
(k ) e lectri c hot plates;
(I) mi crowave ovens;
(m) ot her large appli ances lI sed fo r cooki ng and oth er process ing of
food;
(11) electric heating app liances;
(0) elec tric radiators ;
(p) othe r large appliances for heating rooms, beds, seating furn iture;
(q) electri c fa ns;
(d) appl iances used for sewing, knitt ing\ weaving and other processing
comainers or packages;
(i) electric knives ;
U) appliances for hair-cll tting. hai r drying, tooth blUshi ng, shav ing, massage
and other body care appl iances;
8762
(k) clocks, wa tches und equipment for the purpose of me.,.;uring.
indicating or registering time;
8763
shearing , drill ing. making holes, punching. fo ld ing, bendi ng or sim ilar
processing of wood. metal and other mall:riills :
(e) lools for riveting, nailing or screwing or remov ing rivets, nail s, screws
or si milar uses ;
tools for welding, soldering or similar use :
(g) equipment for spraying, spread in g. dis persing or o th er treatment of
liquid or gaseoll s substances by o the r means: and
(11) tool s for mowing or other gardening activ iti es.
en
(j) analysers;
(8) fertilization tests equipment : and
8764
II
Regula/ion 3 (2)
1.0.
B AC KGROUND
1.1. Used e lec trica l e lectronic equ ipment (UEEE) from developed
cou ntries have become highly sought-aft er commodities in N igeria in recent
years in an attempt to bridge the so called "digital divide" and make information
communi cati on technology (leT) equ ipment easily available at affordable
prices. This has however led to a massive flow of obso lele Waste Electrical
and Electronic Equipmen t (WEEE), electron ic waste, e-waste or end-of- life
e lectrical/electron ic to the country.
1.2. Most times impo rted UEEE is mixed with e nd-oF-l ife Cc-waste) or
near-end-o f-Iife electri cal and electro ni c equipment. Some of these equipment
contain hazardous substa nces, ma inly heavy metals e.g. lead , me rcury,
cadmium and organics e .g. pOlychl orinated bipheny ls and brorninated flame
retardants, that can have adverse consequences o n the environment and human
health. These eq ui plTIt!llt end lip as waste an~ whe n imp roperl y managed
using crude me thods such as open burning to recover copper metal, adds to
the insult o n the environment and pub lic health.
1.3. Shipments of these items are being regul ated by the Nati ona l
Env ironmental Standards and Regu lations Enforceme nt Agency (NESREA ).
B765
Therefore before you import such goods o r commod ities illlo Nigeria please
note that :
(I) onl y funct ional UEEE that meet the requireme nts of the guidance
coma ined in this document and relevant NESREA Regulations can be legally
imported ;1 1(0 Nigeri;J ; and
f,b) your sl,ipmer.t may be c lassified as " Was/e" and therefore treated as
an ilJegul waste shipment by NESREA.
lA. This guidance document high light s some of the 'dos' and 'don'ts'
of shipment of UEEE into Nigeria. It is intend ed to he lp importers including
priv ate pe rsons. companies, organizations and s hippi ng compa ni es to
differen tiate between UEEE and WEEE.
2.0.
G UIDING PRINCIPLES
functional UEEE ;
(d) Nigeria bans the importation ofWEEE and near-end-of-life electrical/
electronic eq uipme nt;
(e) eve ry importer of UEEE shou ld register with NES REA ;
if) a ny WEEE imported into Nigeria sha ll be sent back to the Port of
origin;
(g) any vessel used to import UEEE mixed Wilh WEEE, shall be forfe ited
to the Nigerian Government ;
(h) administrative puni tive fin e shall be imposed o n the carrierofWEEE
or UEEE mixed with WEEE ;
(i) All UEEE imported into Nigeria sha ll co mply wi th th e following
provisions:
-8 766
(j) NES REA shall only give clearance nfler satisfactory inspection of
every suspected cons ignment before slIch consig nment is discharged at
the port ; and
(k) a ll importe rs sha ll bea r the cost of in s pect io n , tes tin g a nd
10
Management of WEEE.
3.0.
UEEE
INTO NIGERIA
3. 1. All UEEE imported in{Q Nigeria shall meet the fol low ing
requi rements(a) where the holder oflhe equipment or prodlJc l: indicates intention to
[0
;,~ . .
documentation shall
the: Agency:
(i) a copy of the invoice and documentation relatln2' to the sale andJ
B767
4.0 . 11'["'15 TUAT SHO ULD NOT BE I MPORTED INTO NI GERlt\
Regllla/im/ 4 (I ) (e)
(EM P)
po licy;
planning;
impl ementation and Operation ;
check in g and Corrective Action; and
Management Review an d Commitment.
POLICY
8768
PLANNING
The planning should define the organi sati on's e nvi ron mental footprints
a nd set goals. Goals and objectives should be focused on maxim ising their
posi tive impacts on theenvironmcn l. W hen evaluating, the following elements
sho uld be cons idered:
(a) impac ts on the envi ronment th ro ugh its activities, produc ts and
services;
(b) legal requirements associated with protecting the environment ; and
(c) meaningful and focused environmental objectives and targets.
IMPLEMENTATION AND OPERATION
IV
EEE FACILITY
Contellts
STEP I -EsTABLlS lI A PLANNING TEAM
B769
STEP 2-ANALYZE CAPABILITIES AND H AZARDS
This step enta ils gathering information about c urrent capabil ities and
about possib le hazards and emergencies, and then conducting a vulnerability
analysis 10 determine the facility's capabi liti es for handJi ng cmcrgenries.
(1) Where Do You Stand Right Now?
(2) Meet with Outside Groups.
(3) Identify Codes and Regulations.
11770
SCIIEDU LE
II I
Reglllatioll 8 ( I)
BEST PRACTICES
er)
there shall be app rOp riJle bund wulls around lank rar ms for
containment in C'-lse of accidental discharges;
.
(g ) provide adequate protec tion (e.g. Shi eld) for ionizing radiations
emanating from man ufacturi ng processes; and
(h) facil itic.<; in Telecommunication industry and power sector shall adhere
to the leN IRP guidelines in tables 1, 2 and 3 contan ed in Sc hedule VI.
SCHEDULE VI
Regu/atiOlt 9
8771
TABLE I
Type 0)'
Exposure
Frequellcy
Range
Occupational
Exposure
Up to I Hz
Electric field
Strength
(Vln)
Magnetic
Field
Strength
Equivalent
Plane Wave
Power
Dells ity Seq
(Wllll l)
1-8 Hz
8-25 Hz
0.025-0.82
kH z
0.82-65 kHz
0.065-1 MHz
1-IOMHz
10-400 MHz
400-2000 MHz
2-300GHz
Gene ral Pub lic Up to I Hz
1-8 Hz
8-25 Hz
0.025-0.8 kHz
0.8-3 kHz
3-150kHz
0.15-1 MHz
1-10 MHz
1Q-400MHz
400-2000 MHz
2-300GHz
2 xla'
20000
20000
500lf
2x105!f'
2xl04if
201/
610
610
610/f
61
3/'h
137
24.4
1.6//
1.61/
0.16
0.008/"
0.36
2 xlO'
2xl04if'
5000if
4if
5
5
0.73if
0.73if
0.073
0.0037/'"
0.16
10000
10000
2501/
250if
87
87
87Jf..
28
1.375/"
61
IO
f/40
50
2
fl200
10
B772
TABLE 2
BAS IC L IMITS FOR PUBLIC AND OCCUPATIONAL EXPOSURE
The exposure limits for the general public are five (5) limes lower than
for occupational workers. This is because such workers are normally persons
who may have been trained to be aware of RF hazards and have been medically
assessed to be fit for work in RF fields.
TypeD!
Exposure
Frequency
Range
Currelll
density for
head and
Whole
body
average
trl/llk
SAR(IV/kg)
Localized Localized
SAR (head SAR (limbs)
llnd trunk
(IV/kg)
(IV/kg)
(mAJm2)
(Tl1Is)
Occupational
Exposure
General
Public
Up to I Hz
1-4 Hz
4Hz-I kHz
I-100kHz
100 kHzIOMHz
IOMHzIOGHz
Up to I Hz
1-4 Hz
4Hz-I kHz
I-100kHz
100kHz10MHz
IOMHzIOGHz
40
401j
10
11100
11100
0.4
10
20
0.4
10
20
0.08
0.08
811
2
11500
11500
Nole:
current direction.
All SAR values are to be measured in a period of 6-min utes.
For a localized SAR averaging mass in any 109 of contiguous ti ssue,
the maximum SAR obtained shou ld be the value used for Ihe
estimation of exposure.
B773
TABLE
ALTERNATING CURRENT
MINIMUM WORKING DISTANCES FOR TRAINED EMPLOYEES"
1.5 to 35
35,1 t046
46,1 to 72,5
0,71
72,6 to 121
1.01
138 to 145
1.06
161 to 169
L11
1.5
2,13"
0,76
0,91
230 to 242
345 to 362
500to 552
3.35"
4,5 h
700 to 765
...
8774
SCHEDULE VII
_______________________ A
_________________________ B
__________ c
FUNCtiONS:
PCMs
are:
(a) to ensure that the responsibilities are very clear for all the staff
involved in pollution control;
(b) to ensure that daily pollution control practices are compl ied with; and
(c) to mainiain smooth and proper environmental and s afety
communications within the facility and the regulatory authorities as well as
the host community.
8775
(3) CONCRETE POLICIES CONCERNING IN DUSTRI ES' POLLUTION CONTROL
system :
(b) communication with NESRI;A's headquarters ;
(c) abi lity to know when a system 'is malfunctioning;
(d) documentation of the environmental management procedure and
control of the records and documents; and
(e) co-operation with interested parties such as other related companies,
regulations.
Regulatio" II (I)
New EEEoNLY
(I) As part of the Strategic Sectoral Alliance Programme of the Agency,
all private individuals. retailers, re-furbishers, distributors, producers, recyclers,
manufacturers and importers of Electrical Electronics products shall partner
with the Agency to establish an effective Extended Producer Respon sibility
Programme. The manufacturers and importers shall submit a proposal for an
Extended Producer Responsibility Programme to the Agency for approval ;
such a proposal shall include elements for successful implementation of the
scheme as follows :
(a) manufacturers and Importers shall establish a process for the
collection, handling, transportation and final tFeatment of post-consumer
Electrical Electronic products regardless of who is the original brand
owner;
(b) the post-consumer products shall include new and Used Ell!ctrical
Electronic Products but not limited to branded products ;
8776
(c) incorporate the principles of a pollution prevention hierarchy by
moving progressively from disposal la reduce, repair, reuse, recycle and
recover of post-consumer products;
for:
(a) collecting any e-waste generated during the manufacture of electrical
and electronic equipment and channeling the same for recycling or disposal;
(b) ensuring that all electrical and electron ic equipment are provided
with a unique serial number or individual identification code for tracking the
products in the e-waste management system;
(c) collecting e-wasle generated from the end-of- li fe of their products
in line with the principle of Extended Producer Resp.Jnsibility (EPR), and to
ensure that such e-wastes are chan neled to registered refurbisher o r
-dismantler or recycler ;
(d) setting up collection cenlers or take back syste m either indiv idually
or collectively for all electrical and electronic equipment at the end of thei r
life ;
8777
(e) financing, and organizing a system 10 meet the costs involved in the
env iron mentally sound management of ewaste gene rated fro m the end of-life of its own pl'Oducts and historical waste uva il able on the date from
whi ch th ese rules come in to forc e. Such fim!nc illg system sha ll be
EEE;
8778
(4) Responsibilities of distributors(a) every dealer shall-be responsible to collect the e-waste by providing
(0 the Agency shall register the dealer on a one time basis and the
dealcJ'wouJd be considered as dee.-ned registered if not objected to within
a period of 30 days;
(ij) the registered dealer shall be required to submit details of e-waste
collected to the Agency on yearly basis and registration would be liable
for cancellation on failure to furnish these dCJails to the Agency: Provided
that the registration granted to (he dealer shall not be cancelled unless he
has been given a reasonable opportunity of hearing.
(c) every dealer shall ensure that the e-waste thus collected is safely
transported back to the producer or to authorized collection centre as the
case may be ;
(d) every dealer shall file annual returns to the Agency on or before
the 30th day of June following the financial year to which that return
relates; and
(e) every dealer shall maintain records of the e-waste handled and such
records should be available for scrutiny by the appropriate authority.
(b) every refurbisher shall make an application to the Agency for grant
of one time registration;
(c) the Agency shal l regi ster the refurbi sher on a one time basis and the
refurbisher would be considered as deemed registered if not objected to
within a period of 30 days:
(d) the registered refurbi sher shall be required to submit details of ewaste generated to the NESREA on y"early basis and registration wou ld be
liable for cancellation on failure' to furnish these details to the Agency.
Provided that the registration granted to the refurbisher shall not be cancelled
unless he has been given a reasonable opportunity of hearing;
8779
(e) every refurbi sher shall ensure that the c-waste thus collected is safely
transported back to authorized collection cent re o r registered recyclers as
shall :
(a) obtain an authori zation in accordance wi th the procedures prescribed
under Schedule XIV from the Agency as the case may be and provide
details such as address, telephone numbers/helpline number, e~mail, etc. of
such collection centre(s) to the general publ ic;
(b) ensure that the e~waste collec ted by them are stored in a secured
mann er till these are sent to producer(s) or refurbisher o r regi stered
dismantler(s) or recycler(s) as the case may be ;
(c) ensure safe transportation of the e~waste ;
(d) ensure that no damage is caused to the environment during storage
and tran sportation of e~waste ;
(e) file annual return s to the Agency on o r before the 30th day of Ju ne
following the fin ancial year to wh ich th at returns relate ; and
(j) maintain records of the e~was te handled and such records should be
available for scru tiny by the appropriate authority.
(7) Responsibilities of consumer or bulk consumer:
(a) consumers of electrical a nd electronic eq uipment shan ensu re that
e~waste
8780
(b) ensure that no damage is caused to the env ironment during storage
and tra nsportation of e-waste ;
(c) e nsure that the dismantling processes do not have any adverse effect
on the environment and human health;
s~gregmed
IX
I.
2.
3.
4.
Pa ram eters
Slu dge (total)
Pri mary Treatment
Mi xing- sedimentation
Mi xing-Chemical treatrnent+
sed imentation
Mi xing chemical treatment+
Ao tation
80
150-200
150-200
B781
SCHEDULE
RegulatiDIlS 12(2) (b), 15 ( 1), (2) (a) (b) (3), 16 (1) alld (2),
17 (d),
Gild
18 (3)
SiNo.
I.
~3.
4.
5.
6.
P ol/lt/GIlIS
pH
COD
BOOs
Total suspended solids
Oil and grease
Total phosphorous
7.
FluOIide
8.
Ammonia
9.
Cyanide(total)
Cyani de(free)
AOX(adsorbable organic bound
halogens)
10.
11.
12.
13.
14.
IS.
16.
17.
18.
19.
20.
2 1.
22.
23.
24.
Arsen ic
Chromi um(hexavalent)
Chromi um(total)
Cadmium
Copper
Lead
Mercury
Nickel
li n
Silver
Selenium
Zi nc
Temperature increase
U"its
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
Guideline va lue
6-9
160
50
50
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
'C
0.1
0.1
0.5
0. 1
0.5
0.1
0.01
0.5
2
0.1
I
2
Less than
10
2
5
10
1
0.1
0.5
3~
At the edge of sClcnufically established mlxmg zone whIch takes mto account
ambient water quality, receivi ng water use, potentia.l receptors and assimi lative
capacity.
8782
SCHEDULE
XI
Polllltall/s
SINo.
I.
YOC(Yolatile Organic
2.
Compound)'
Organic HAP"
Units
Guidelille vallle
mglNm'
20
ppmv
Ppmv
20
0.42
10
5
3.
4.
5.
Inorganic HAP"
6.
Phosphine
mgINm'
mglNm'
mgINm'
7.
mg/Nml
mg/Nml
Acetone
mgINm'
8.
9.
HCL(Hydrogen Chloride)
HF(Hydrogen Fluoride)
0.5
0.5
30
150
Notes:
(a) applicable to surface cleaning processes ;
(b) industry-specific hazardous airpollutanlS (HAPs) include : an limony
compounds, arsenic compounds, arsi ne. carbon tetraChloride, catechol,
chlorine, chromium compounds. ethyl acrilate, ethylbenzene, ethylene glycol,
,.
8783
SCHEDULE
Regulatiolls 25(1)
XII
NOISE STANDARDS
(OS HA)
SINo.
Column J
Leq dB (A)
85
88
91
94
97
100
106
109
I.
2.
3.
4.
5.
6.
7.
8.
ColuIlI1I3
Column 2
Duration (Daily)
8 Hours
4 hours
2 hours
I hour
30 minutes
15 minutes
7.5 minutes
1.875 minutes
Durati on (Weekl y)
40 Hours
20 hours
10 hou rs
5 hours
2.5 hours
1.25 hours
37.5 minutes
9.375 mi nutes
.'
B : TABLE OF NOISE DOSE, LEQ . AND TIME
TIME IN
HOUR
050
1.00
1.50
2.00
2.50
3.00
3 50
HO
450
5.00
5.50
600
6.50
7.00
750
8.00
----
85
625 %
12.50 %
18.75 %
25.00 %
31.25 %
37.50 %
43.75 %
50.00 %
5625 %
62.50 %
68.75 %
75.00 %
81.25 %
87.50 %
93.75 %
100.00 %
87
._--_.
89
91
LEO
93
95
62.50 %
125.00 %
187.50 %
250.00 %
312.50 %
375.00 %
437.50 %
500.00 %
562.50 %
625.00 %
687_50 %
750.00 %
812.50 %
875.00 %
937.50 %
1000.00 %
97
Dose = 100 x T/8 x 10(Leq - 85) 10 % .......... . ..... . ...... .. ... (i)
Leq.
99
101
8784
Where:
Note:
(a) exposure to impulsive or impact noi se should not exceed 140 dB(C)
peak sound pressure level;
(b) noise and induced ground vib ration of quarry blast measured al
500m from the blast <1= 100dB(C), 8mm/s
SCHEDULE
XITI
RECYCLING
FAClUTY
(2) The regi stered office ad dress and teleph o ne number of the
operator of th e recycling plant or the importer w here it is a body reg istered
in Nigeria. ;
(3) Where the operator of the recycl in g plant or the impo rter is in
partnership, the names in Nigeria of all the partners should be prov ided ;
(4) The address for service of no ti ces if diffe rent from that referred to in
paragraph 2 ;
(5) In th e case of an applicatio n made by a n operator of a recyclin g
plant, the name and address of eac h recycling plant in respect of which it is
applying for approval ;
( 11 ) Any other infonnation that will help the Agency in fast-tracking the
approval.
8785
Regll/aliollS 39 (2)
SCIIEDULE IV
(iv) ambient
~emperalure
is not exceeded.
(3) Operators of collection cent res shall be accredited having sati sfi ed
the Agency's condirions of the following:
(i) appropriate premises (l arge one) ;
(ii) shelve;
(fij) fire extinguisher;
(iv) lighting (natural or artificial ) ;
Cv) ventilati o n(natural or artificial);
(vi) provision for gang way;
(v ii) proper arrangement ; and
(v iii) impermeable surface. .
,.
8786
FORM
XV
SCHEDULE
[NESREA
REPORT (MDMR)
Headquarters,
Abuja.
Sampling Point Location
Month
Year ,
or
SAMPLING
Paramelers
Nesrea' s
Regulatory
Weekly Results
1.;'lIit.,
1ST
UNITS
PHYSICAL:
2 ND
3 KIl
4 TH
Appearance
Odour
Temperature
Ph
Co nductivit
"C
us/cm
Turbiditv
,mm
Tota l Susoended Solids
TOIaI Di ssolved Solids
NTlI
mol l
m!!ll
m!!ll
(TDS)
BOO
roD
m!!ll
m!!ll
.
,
Average
8787
TyPES OF SAMPLING
,I
Nesrea's
Regulatory
Weekly Results
PammeTers
Limi/s
INORGAN IC:
UN ITS
Chloride
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
mgll
Nitrate
Sulphate
Sulphite
Cyanide
Nitri les
Chromium (hexavalent)
Copper
Zinc
Lead
Cadmjum
Manganese
Silver
Mercury
Arsenic
1ST
2ND
3RO
4111
Average
ORGAN ICS:
Phenols
mgll
mgll
CFU
NOISE MEASUREMENTS
LOCATIONS
NOISE LEVEL
Signature of
Certified Operalor
Date (MOlllh ,
. Day. Year)
agent;
prepared
Date:
Signature :
und er
my
direction or superVision in
3ccordam"e
. with a syslem
des igned to assure that
qualified
personnel
8788
FORM 2
NATIONAL ENVIRONMENTA L STANDARDS AND REGULt\TIONS ENFORCEMENT
AGENCY (NESREA)
INCIDENT REPORT FORM
1.
FACILITY
Noof Employ~es
: - - - - - - - - - - - -- - -- -- - - -
2.
DISCIIARliE
Cause(s) of discharge;
Did the d isch arge occur as a result of rnechanicalltechnicallunskilled
application? Please specify.
What was the nature of discharge, sludge, effl uent or iJ'fluent? Please specify.
8789
Into which medium was it discharged to i.e. water body, land, or air?Please
spec ify.
If water body. specify type of water; pond. stream, lake, river etc.
:;:
If land ;
o Na me and location
occurred.
(Geo~reference)
No
Was there any previous accidental discharge of this kind? Yes
If yes, when ? ' - - - - - - - - - - - - - - - - - - - - - Ho w ? ' - - - - - - - - - - - - - - - - - - - - - -___
Who was/were the victim(s) ?- -- - - -- - - - - - -- - -SCHEDULE
XV I
Regulations 8 (3)
B790
SOME OF TH E HAZARDOUS SUBSTANCES IN
EEE
(iil) Sulphur
(iv) PCBs
(v) Cadmium
(vi) Lead
(vii) Beryllium oxide
(viii) Polyvinyl chloride
(ix) Polychlorinated Biphenyls (PCBs)
(x) Toluene
(xl) 1,1,1 trichloroethane
(xii) Trichloroethylene
(xiiO Xylenes
(xiv) Polybrominated Biphenyls (PBBs)
(xv) Polychlorinated Biphenyls (PCBs)
(xvi) Polychlorinated Terphenyls (PCTs)
(xviI) Creosote
(xviiI) Pentachlorophenol (PCP)
(xix) Copper arsenate (CCA)
(xx) Sulphur hexafluoride (SF,)
(xxi) Copper beryllium alloys
(xxiI) Cadmium sulphide
(.aiil) Beryllium oxide
(xxiv) Cadmium oxide
(xxv) Oecabromodiphenyl ether (OecaB OE)
(XXVI) Pentabromodiphenyl ether (PentaBOE)
(xxvii) Octabromodiphenyl ether (OctaBOE)
(xxviii) Crocidolite
....
(xxix) Cadmium
(xxx) Chromium VI
(xxxI) Tris (2, 3 dibromopropyl) phosphate
(xxxii) Halogenated substances (CFCs, HCFC, HFC, HC)
(xxxiiI) Perfluorooctane sulfon.tes (PFOS)
B791
SCHEDULE
XYIl
ApPLICATION FOR
EEE
Regulation 44
PERMITS
Name _____________________________ _
(b)
Physical address
(c)
(d )
(e)
Telephone (iandline).
(f)
Mobile Phone _ _ _ __
Email _ _ _ _ _ __ __ __ __
Website
(g)
(il)
Fax ._ _ _ _ _ _ _
_ _ __ .._ ____________ _
(b)
(c)
(d)
(a)
le)
(f)
(g)
(h)
2.0.
Trust, as applicable)
8792
or PERMIT REQUIRED
3.7. Has the Applicant ever been denied a license or has its permit ever been
suspended or revoked by the Agency?
3.8. If answer to 3.7 is yes, give details of the denial, suspension or revocation
8793
4.3. Describe any technical or financial support from internal and external
sources with regard to the permit applied for (if any)
,
4.4. State the name and brief resume of the Agency's accred ited
consultant(s)!contractor(s) involved in pollut.ion control programmes in your
organi sation (attach details ifposs ible)
8794
5.0.
5.2. \~l a te results of quantitati ve and qualitative samp ling of liquid and
gaseous dfluents from the facility for at least the past one year (if available)
- - - - - - - - - - - - - - - - -- - - -
5.5. Li st all chemicals in use at the facility (no trade names). Except 3a.
h, c and e
,.
8795
5.7. State the distance and specific location of facility from residential
areas, other sensitive ecosystems such as freshwater bodies and vegetation
(attach map), and other existing industries (incl ude name of such industries).
Applicable to 3d, e and!
5.8. State effluents characteris tics, di scharge (outfall) locatio ns, and
possible compliance monitoring and inspection points (attach illustration)
5.9. Describe in detail the waste disposal methods available at the fac ility
5.lD. State any safety/cont inge ncy plan(s) operational at the faci lity
(attach details)
5.11. Provide any other relevant information that could support and
YSeSSlllellt
8796
6.0 .
I1we hereby declare that the details stated above are, to the best of my!
our knowledge, true and correct.
Sign ..................................... .
Name
Secretary
Director-General orlCEO
Sworn to this . ..... ........ Day of. .............. 20 ........ .at. ................
BEFORE ME
B797
MADE
MRJOHN OOEY
HOllourable Minister,