Nairobi — Private garbage collectors are now urging the National Environment Management Authority (NEMA), to review the compliance period set in the biodegradable bags transition process so as to allow for adequate testing, certification and a meaningful multi-sectoral dialogue.
The waste managers under the umbrella of Waste and Environment Management Association (WEMAK) raised concerns over the move by NEMA to implement a plan to phase out plastic waste collection bags, famously known as black bin bags in favor of biodegradable alternatives without factoring issues that emerged during consultation forums.
In a legal notice published on the April 8, NEMA directed that within 90 days, all organic waste generated by households, private and public sector, religious institutions and from private and public events, shall be segregated and placed in 100% biodegradable garbage bags.
"The government of Kenya, (through the Cabinet Secretary for Environment and Natural Resources) in 2017 via Gazette Notices no. 2334 and 2356, banned the manufacture, importation and use of plastic carrier bags and flat bags used for commercial and household packaging. This included garbage bags and bin liners in its scope," read part of the notice.
The three-month period indicated in the notice lapses on the 8th of this month and according to NEMA, the use of conventional plastic bags and bin liners for collection of organic waste shall thus cease forthwith.
However, stakeholders in the garbage collection sector have accused NEMA of allegedly ignoring critical issues which were raised by the stakeholders during public participation forums, claiming that key concerns regarding waste segregation, Material Recovery Facilities (MRFs), take back systems, and Extended Producer Responsibility (EPR) programs remain unresolved.
These issues, they maintain, threaten the effectiveness and fairness of the transition.
"The hasty implementation of the biodegradable bag directive without addressing these foundational elements undermines the spirit of multi-sectoral collaboration and public participation enshrined in the Constitution and in section 23 of the Sustainable Waste Management Act," said WEMAK's Chairperson Samuel Onyancha in a news conference in Nairobi.
Further, the association says that the 2017 Gazette Notice 2356 exempted garbage Liners, provided that the waste service providers adhered to strict take-back and EPRrequirements. In its own assessment, WEMAK believes that it is largely in compliance with the requirements and further considers the new directive as being in contradiction with the previous exemption.
"We are concerned about the authority and why it wants to fix what's not broken? NEMA has not provided clear guidance on the availability, cost and sourcing of certified biodegradable bags, raising concerns about potential monopolies and unfair competition. The 90-day compliance period is unreasonable, given the lack of testing and certification of alternative bags and the absence of designated MRFs. This rushed timeline violates the right to a fair administrative action as provided under article 47," notes Lucy Mwangi, an official with WEMAK.
One of the requirements provided in the NEMA notice is that all county governments and licensed private service providers should provide their clients with 100% biodegrade garbage bags.
WEMAK argues that the proposed biodegradable bag would take at least six months to biodegrade and thus lead to landfills considering that in Nairobi alone, there are about 100 private companies in garbage collection with each collecting an estimated 15 tons of waste in a day. In the current arrangement where plastic waste collection bags are used, the waste managers have designed a strategy where they employ people who sort out the garbage while ensuring all the plastic bags are taken back for recycling.
A legal analysis conducted by a Nairobi based legal firm on NEMA's notice suggests that there are no definitive standards for what amounts to 100% biodegradability in statute or otherwise, nor are there any standards for the manner in which such biodegradable substances disintegrate.
"Scientific research demonstrates that there is no plastic material that is 100% biodegradable thus the biodegradable bags may linger in landfills for years, barely decomposing, which is counterintuitive to protection of the environment," reads part of the analysis.
Accordingly, the waste collection companies have proposed a multi- sectoral approach involving experts which they say would be crucial to evaluate the composition and environmental impact of alternative bags before mandating their use.
In addition, WEMAK says that this transition raises significant economic challenges. For instance, it is estimated that the cost of the bag is going to increase from Kshs 15 to Kshs 83 per bag, the cost implication is likely to be squarely placed on the shoulders of service consumers.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
According to Onyancha, higher waste management cost may also incentivize illegal dumping, exacerbating already existing waste management challenges in the absence of adequate infrastructure and clear policies.
The ban on non-biodegradable bags threaten significant job losses within the waste management sector, particularly among waste pickers, recyclers, recovering recyclable waste from the general environment and landfills.
Disrupting the established value chain could push these individuals into precarious sit uations, undermining their right to a dignified life as guaranteed by Article 28 of the Con stitution," explains Ms Mwangi.
NEMA has now been urged to provide clear guidance on the availability, affordability and sourcing of certified biodegradable alternatives. To support a smooth transition and promote a circular economy, NEMA has been advised to invest in Waste Management. infrastructure, including MRFS.
"Conduct thorough, evidence-based assessments of proposed alternative bags to ensure their environmental integrity," advises Onyancha.
