5.3 Water

5.3.1 Proposed Standards

The process of evolving standards should include the components stated below in order to be in conformity with existing international procedure.
(a) Specification or tolerance levels for the selected variables for discharge:
(i) into inland waters;
(ii) into public sewers;
(iii) onto land for irrigation purposes; and,
(iv) into marine coastal areas.
(b) Standard vocabulary or terminology.
(c) Standard methods for sampling and preservation.
(d) Standard methods of test.

Specifications for Effluent Discharge

As explained in the Chapter 4, in order to protect water resources for domestic use and sustenance of aquatic life, specification for selected variables are proposed for a start for two areas, namely, discharge into public sewers, and discharge into inland waters.

Standard Vocabulary

The proposed standard vocabulary is adopted from ISO 6107 series for water quality

Standard Methods of Sampling

The methods for sampling and preservation to test for compliance are adopted from ISO 5667 series on water quality sampling

5.3.2 Recommendation for Effective Implementation and Enforcement of Standards

Effective implementation of the proposed standards involves monitoring compliance, research and review as appropriate. The role of these and persons or institutions, namely, the state, the public, and polluters involved, should be specified in national laws.

Monitoring Compliance
The essence of monitoring is systematic surveillance in accordance with specified procedures to provide information that can lead to better decision-making about environmental quality in general and industrial operations' adherence to set standards in particular. Monitoring can be undertaken by the government, the public, and the industries themselves.

Role of the State

The lead agency (government or semi-government) should institute a comprehensive and well managed monitoring programme. As discussed in section 2.2.3, there is an effluents sampling programme and an ambient water quality monitoring programme within the Ministry of Water Resources. However, to overcome some of the operational problems cited earlier, the Government should boost budgetary allocations to the programmes. Funding could be obtained through levies on water abstractions and penalties for water pollution. In the latter case, pollution charges should be based on the volume of industrial effluents and the subsequent treatment and disposal costs. In addition, industry should contribute to the installation and maintenance of facilities such as automatic sampling stations.

 Effluent sampling and water quality monitoring programmes review: there is need to undertake reconnaissance studies to determine the siting of stations, sampling frequency, and parameters to be analysed.

 Strengthening of the analytical capabilities: the provision of analytical services is crucial to the successful implementation of the monitoring
programme. The Ministry of Water Resources has a central water testing laboratory in Nairobi which acts as a referral laboratory. Each province has a small laboratory which can test for a few basic parameters such as pH, conductivity, dissolved oxygen and total coliforms. There is need to strengthen the analytical capabilities of the provincial water laboratories and also district water laboratories, where applicable.

 Inspections as mentioned in Chapter 2, these have been hampered by logistical problems which could be overcome as already suggested.

 Negotiations with industry should continue as they can lead to cooperative efforts in developing satisfactory solutions. Negotiation, however, should not be allowed to change basic requirements for compliance.

 Economic instruments: introducing incentives such as tax waivers or reductions for equipment intended for cleaner production or waste water treatment; disincentives such as pollution levy or "green" tax on polluters. In addition, the government should facilitate access to financial resources for cleaner production and/or waste water treatment.

 Provide penalties for persistent polluters should be deterrent. The Water Act is currently being reviewed to cater for stiffer penalties. The draft Environment Management and Coordination Bill has also made some proposals to this effect.

 Permitting: issuance of permits which can be withdrawn in case of persistent non-compliance.

 Education and awareness: the Government should undertake an aggressive education and awareness campaign to promote compliance by disseminating information about environmental standards, cleaner production, technical assistance, building public awareness and support, publicizing success stories, among others.

Role of Industry: Self-monitoring

Individual industries should have an internal environmental management system for monitoring adherence to set national pollution standards, that is, auditing. This requirement should be specified in the law. An environmental management system or auditing requires that each industry has its own environmental policy, objectives, targets and implementation plan. The industry should in addition take the responsibility for training, awareness, communication network, environmental documentation, emergency preparedness and corrective measures.

Role of the Public

Communities should be encouraged to act as the watch- dog. A forum for citizen complaints should be provided.

Review of Standards ( Baseline Studies)

The importance and need for baseline data collection cannot be over-emphasised. A database should be set up. The monitoring programme should embark on baseline data collection. The use of biological methods for water quality assessment using indicator organisms including bio- assay organisms, accumulators, exploiters, detectors, and sentinels, should be instituted.

The baseline studies should be undertaken prior to the establishment of industry but should continue as part of the monitoring programme. Collaboration with other relevant institutions should be undertaken as such studies require an integrated multi-disciplinary/multi-sectoral approach.

Research and Development

Research institutions are important in providing answers to ecological and technological problems. The Government and industry should support research activities to facilitate the acquisition of data and information necessary for the review of environmental standards; and the development of technology that is appropriate for waste minimisation and/or effective waste treatment should be undertaken.

Information Exchange/Networking

Information required for the implementation of environmental standards includes stake-holder needs, baseline data, and information on water quality, public health recommendations, technological, and economic capacity to implement standards, among other things.

A multi-agency information system or network (UNEP, 1996) where all players are equal but with one acting as "the hub" or coordinator is recommended. The National Environment Secretariat can fulfil this role. An Environmental Standards Steering Committee would manage the network with various technical teams on air, water and soils implementing the system while all
stakeholder participate.

The role of the Steering Committee would be to ensure that feed-back is obtained from the technical teams (custodians) in each agency and other stake-holders or users, such as industries, on difficulties or obstacles
experienced in the implementation of standards.

The functions of the coordinator or hub include identifying national information priorities, evaluating performance of participating agencies and assessing their capacity building needs (such as training, equipment); fostering inter-agency and international cooperation, redirecting enquiries/ requests to the most appropriate agency and disseminating information, for instance, through public barazas, the print and electronic media, workshops, and seminars.

Enforcement Authorities needed

The authorities needed for the enforcement of the effluent discharge standards include the current key actors in the water sector, namely, the Ministries of Water Resources, Health, Local Government and its Local Authorities, Labour, and the Kenya Bureau of Standards. In addition, a central coordinating agency is necessary.

5.3.3 Enforcement of Standards Across Borders

a cross-border enforcement of standards should begin with the inter- laboratory calibration of sampling, preservation and test methods to ensure results obtained are comparable. For biological methods of water quality
assessment, a regional protocol for the use of invertebrate communities should be established. A regional network of monitoring stations possibly including the already existing Global Environmental Monitoring Systems (GEMS/water) stations should be established. A regional coordinating
committee and a regional panel of experts may facilitate the collection and exchange of data for standards setting and updating. Furthermore, at the regional level there will be need for an environmental tribunal to settle cross-border issues regarding non-compliance with set regulations and standards.