RESEARCH REPORT ON SOLID WASTE MANAGEMENT.pdf

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. JUNE, 2014

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________________________________

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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

Kg.

=

Kilogram vi

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

Viz.

=

Videlicet vii

WB

=

World Bank

WWW

=

World Wide Web

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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 The National Environmental Policy of 1997

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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 Vellore Citizen Welfare Form v. Union of India and others [AIR 1996 SC 2715]

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LIST OF ANNEXTURES Annexure A Ordinary Citizens Questionnaire …………………………………………………… Pg.62 Annexure B Solid Waste Stakeholders Questionnaire …………………………………………... Pg. 64 Annexure C Ilala Municipality (Environmental Cleanliness) By-laws [G.N 111 of 2011]……… Pg. 68

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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 1:5 Research Questions ...................................................................................................... 5 xiii

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 xiv

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 2:2 Environmental Management Principles Relating to Solid Waste Management ........ 26 xv

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 3:2:1:5 Sector Ministries .................................................................................................. 38 xvi

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 xvii

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 ANNEXTURES .............................................................................................................. 62

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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

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Anand, S. (2010), Solid waste management, New Delhi-India: Mittal Publication pg.5 Myneni, S.R. (2008),Environmental Law, New Delhi-India: Asia Law House pg.2 3 Peter Schubeler et.al (1996) , Conceptual framework for Municipal Solid Waste Management in Lowincome Countries , 1st Edition, Swiss Agency for Development and Cooperation (SDC), Switzerland , pg.9 4 Ntakamulenga, 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 5 Ibid, pg.8 2

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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

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Kirunda, M.P (2009), Public Participation in Solid Waste Management: Challenges and Prospects (MSc. Development Management Thesis) , The University of Agder, Kristiansand, pg.1 7 http://www.dcc.go.tz/projects/dmdp.html. Accessed on 23rd October at 14:20hrs

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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,

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still 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-wastemanagement. 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-wastemanagement. 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 12 Bell, 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

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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, NonGovernmental 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, sociopolitical 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 Act 15 Section 55(g) and The Environmental Management Act.16 He remained of the opinion that due to

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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), 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.

‘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) 17

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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.

18

Modernising Solid Waste Management at Municipal Level: Institutional Arrangements in Urban Centres of East African, The Netherlands: Wageningen Academic Publishers.(2011) 19 Solid Waste Management, VDM Publishing,(2010)

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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 20

Municipal Solid Waste Management, LAP Lambert Acad Publishers, (2011). The Role of Households in Solid Waste Management in East Africa Capital Cities, The Netherlands: Wageningen Academic Publishers.(2011) 22 Solid Waste Management: Critical issues for Developing Countries, Kingston Jamaica: Canoe Press University of the West Indies,(1998) 21

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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.

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Solid Waste Management, Vol. 1, United Nations Environment Programme, (2005) Solid Waste Management: Present and future challenges, New Delhi- India: I.K International (Pvt) Ltd.(2010) 24

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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

25

Public Participation in Solid Waste Management in Small Island Developing states,(October 2006),

10

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

11

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

12

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.

13

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.

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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 27 Myneni S.R (2008) , Environmental Law, New Edition , Asia Law House , Hyderabad , pg. 150

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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 Beckwith S and Thornton J (2004) , Environmental Law, 2 nd Edition , Sweet and Maxwell , London , pg. 183 30 Act No.20 of 2004, Section 3 31 Section 3 of Environmental Management Act 32 JICA Study of 1996/1997 this percentage is as it appeared in 2005 29

16

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 Ibid 35 Ibid 36 Ibid 37 Ibid 38 Ibid 34

17

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 Ibid 41 Ibid 42 Shovel M (2007), Macmillan English Dictionary for Advanced Learners, 2nd Edition, A&C Black Publishers Ltd, London, pg. 1421 43 Myneni, Op. Cit. pg. 150 40

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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 3 45 which defines solid waste to mean non-liquid materials arising from Domestic Street, commercial, industrial and agricultural activities and includes refuse or garbage, nonliquid 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

44

Schubeler 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 48 www.encapafrica.org/EGSSAA/solidwaste pdf accessed on 28 November 2012 at 1350Hrs

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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-terrestrialaquatic-lifeaccessed on 28th November 2013 at 1405Hrs 50 Ibid, accessed on 28th November 2013 at 1410Hrs 51 Myneni, Op. Cit. pg. 155 52 http://edugreen.teri.res.in/explore/solwaste/health.htm accessed on 28 November 2013 53 Misc. Civil Case No. 90 of 1991 [High Court] (Unreported)

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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 Of the Environmental Management Act 56 Schubeler, Op. Cit. pg.3 57 Ibid 58 Myneni, Op. Cit. Pg. 155 55

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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

59

http://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 63 Act No. 20 of 2004, Section 3

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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

64

http://livinggreen.ifas.ufl.edu/waste/composting.html accessed on 28 November 2013 Myneni, Op. Cit. pg. 155 66 Ibid 67 http://environment.alberta.ca/02984.htm accessed on 28 November 2013 at 1634 Hrs. 68 Myneni, Op. Cit. pg.155 65

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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 http://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 70

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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

74

Schubeler P, Op. Cit. pg.22

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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

75

Guppta D, (2008) , Text Book on Environmental Law, 2nd edition , Asia Law House, India , pg.95 1992 77 1997 78 Act No.20 of 2004 79 Ibid, Section 7(a) 76

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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.

80

Act No.20 of 2004, Section 7(c) Vellore Citizen Welfare Form v. Union of India and others , AIR 1996 SC 2715 82 Environmental Management Act , Section 7(d) 83 Ibid, Section 7(g) 81

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2.2.5 Principle of Sustainable Use The principle of sustainable use is to the effect that the renewable natural resources and ecosystems only be used in a manner that is sustainable and does not prejudice their viability and integrity.84 This principle is relevant to the Solid Waste Management as it protect the environment from being polluted or degraded inter alia being by solid waste pollutants. 2.3 Conclusion Solid waste management (SWM) should be approached from the perspective of the entire cycle of material use, which includes production, distribution and consumption as well as waste collection and disposal. Solid waste management (SWM) goals cannot be achieved through isolated or sectoral approaches. Sustainable solid waste management depends on the overall effectiveness and efficiency of urban management, and the capacity of responsible municipal authorities. User satisfaction with provided services, approval of higher government authorities and financial viability of the operation are important criteria of successful solid waste management from the local government perspective. Therefore, needs and demands for solid waste management in urban areas must be weighed and addressed in the context of the needs and relative priorities in all sectors and services.

84

Environmental Management Act , Section 7(i)

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CHAPTER THREE LEGAL AND INSTITUTIONAL FRAMEWORK ON SOLID WASTE MANAGEMENT IN URBAN AREAS IN TANZANIA 3.0 Introduction This Chapter elucidates on municipal legal and institutional framework for solid waste management particularly in urban areas. The effective solid waste management (SWM) calls for the collaboration of several central and local bodies (institutions) as well as consolidated legal framework. It is necessary to evaluate the legal and institutional framework on solid waste management as they are of vital importance in providing the guidelines and capacity in the fields of administration, financial management, technical systems and environmental protection. Effective solid waste management and environmental protection programmes call for a clear definition of roles, jurisdictions, legal responsibilities and rights of the concerned governmental bodies and other organizations. The absence of clear legal and institutional framework may lead to controversies, ineffectiveness and/or inaction, undermining the sustainability of solid waste management (SWM) in urban areas. 3.1.0 Legal Framework Solid waste management being the acute problem in various areas in our country particularly in urban areas it has called upon the attention of the legislators thus various legislations has been laid down on the same, fundamental being the following;3.1.1 Environmental Management Act85 The Environmental Management Act (to be referred hereinafter the Act) is a superior law so far as environmental management matters concern in Tanzania. This has been given effect under section 232 of the Act which states that “where the provision of this Act (Environmental Management Act) is in conflict or is otherwise inconsistent with a provision of any other written law relating to environmental management, the provisions 85

Act No. 20 of 2004

29

of this Act (Environmental Management Act) shall prevail to the extent of such inconsistency.” The Act includes provisions for legal framework on solid waste management86 in different aspects;The Act87 imposes the duty and responsibility to the local government to manage and minimize solid waste, whereas it states that “for the purpose of ensuring minimization of the solid waste in their respective geographical areas of jurisdiction local government authorities shall prescribe;- a) for different types or kinds of waste or refuse or garbage to be separated at the source b) for standards to guide the type, size, shape, colour and other specifications for refuse containers used; and c)for mechanisms to be put in place to involve the private sector and Non- Governmental Organisations on planning, raising awareness among producers ,vendors ,transporters ,manufacturers and others on the need to have appropriate containers and enhance separation of waste at source.88 The Act also provides for the disposal of solid waste from markets, business areas and institutions as it provides that “each local government authority shall undertake periodic studies to determine the type of solid wastes generated from markets, business, areas and institutions and determine appropriate methods for sorting storage as disposal of waste.”89 The Act establishes solid waste collection in urban and rural areas as it states that “the local government authorities shall, with respect to urban and rural areas prescribe a) the best ways possible for the collection of various classifications of solid waste from generation sources and shall on its own or with any commercial or private sector arrange ways to recover the cost, incurred in collection of the solid waste.90 The Act has also established the waste transfer stations as it states “the local government authorities may designate transfer stations to serve as collection centers of solid wastes to serve cities or municipalities or towns or other areas where large amounts of solid waste are generated.91It further provides that before a local government authority designates an 86

Environmental Management Act , Part IX (a) Ibid, Section 114 88 Ibid, Section 114(1) 89 Ibid, Section 115(1) 90 Ibid, Section 117(a) 91 Ibid, Section 118(1) 87

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area to be a waste transfer station for the purposes of collection of solid waste it shall; - a) Carry out social, health and environmental impact assessment b) Ensure that the selected area is adequate in size and situated away from residential areas c) Ensure regular removal of solid waste to avoid any possible nuisance d) Ensure the area is fenced off and secured to prevent unauthorized persons from entering.92 3.1.2 Public Health Act93 The Public Health Act (hereinafter to be referred as the Act) is another law which provide for the legal framework on solid waste management in Tanzania. The Act has pointed out in various ways on how the solid waste should be managed;The Act94imposes the duty to the Authority (District or Urban) to undertake or contract an agent to set aside areas of adequate size for the purpose of solid waste disposal. To collect, transport and dispose of solid waste from buildings, premises and land. To collect, transport and dispose of solid waste from any trade or business premises where expeditious removal and efficient disposal is in the interest of the public and the services may extend to the whole or any part of its area. The Act95 also empowers the Authority (District or Urban) to charge a fee for a service provided to a service beneficiary. Section 73(4)96 is to the effect that the Authority ,contractor or any person who undertakes the removal .transportation and disposal of waste from a public place shall provide a skip bucket, sanitary land filling, transfer station or approved covered containers for holding and transportation of waste prior to disposal. The Act97 imposes a penalty of not less than one hundred thousand shillings or to imprisonment for a term not exceeding three months or both for any person who contravenes with this provision. The Act98 stipulate also that for the minimization of solid waste the authority shall prescribe for the separation at source ,of different types or kinds 92

Environmental Management Act, Section 118(2) Act No.1 of 2009 94 Ibid, Section 73(1)(a, c, d ) 95 Ibid, Section 73(2) 96 Ibid 97 Ibid, Section 73(7) 98 Ibid, Section 75(1) (a, b) 93

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of waste or garbage and standards to guide the type, size, shape, colour and other specifications for waste containers used. The Act99 obliges the authority to manage solid waste generated in accordance with sustainable plans prepared by respective authority and ensure appropriate sorting of wastes is made at source and is in accordance with standards or specification prescribed by the authority. The Act100 requires the authority to ensure that industries provide adequate space and facilities for managing all solid waste generated from the industry and in the premises prior to its collection for disposal. The Act101also provides for the collection of solid waste as it states that “the authority after the consultation with the Ministers responsible for environmental management and local government shall prescribe the best ways possible for the collection of various categories of solid… wastes from generation sources on its own or in collaboration with any commercial entity or private sector.” Also the Act102 provide for the designation of transfer stations by the authority which serve as collection centers of solid wastes where large amount of solid waste are generated. The Act103 also provides for the factors to be considered for the choice of methods of solid wastes disposal, it provides for the factors such as the climatic condition, its economic ability and that of its community, Environmental Health Impact Assessment of that land, environmental hygienic social benefits available and the availability of sites for tipping. 3.1.3 The Local Government (Urban Authorities) Act104 The Local Government (Urban Authorities) Act (herein to be referred as the Act) is also another law which provides for the legal framework on solid waste management in Tanzania. The Act has given the number of ways on how the local authorities should manage waste inter alia being solid waste in their jurisdiction areas;-

99

Public Health Act, Section 75(3) (a, b) Ibid, Section 76 (3) (a) 101 Ibid, Section 77 102 Ibid, Section 78(1 and 2) 103 Ibid, Section 79 (a, b, c, d, e) 104 CAP 288 R.E 2002 100

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Section 5(1) of the Act empowers the minister concerned to establish the appropriate urban authority in any place in Tanzania mainland in accordance to the procedures prescribed under section 7 of the same Act. Also, section 53(1) of the Act provides that “it shall be the duty of every urban authority to discharge the functions conferred upon it as such, and as a local government authority, by this Act or by or under any other written law, and for that purpose, an urban authority may, within the limits of the functions so conferred, either by its own officers or by duly appointed agents, do all such things and acts as are lawful and necessary for the performance of its duties.” In the given context by the Act the term ‘functions’ include but not limited to solid waste management. Likewise, Section 55(1) (g)105 is to the effect that “subject to this Act, it shall be the duty of every urban authority within its area of jurisdiction to keep and maintain in good order and repair all public latrines, urinals, cesspits, dustbins and other receptacles for the temporary deposit and collection of rubbish, and public bathing and washing places, and to provide for the removal of all refuse and filth from any public or private place, and provide for the removal of night soil and the disposal of sewage from all premises and houses in its area, so as to prevent injury to health.” In addition, Section 80 (1) of the Act106empowers the urban authorities to make by-laws as it provides that “every urban authority may, subject to the consent of urban authorities to the proper officer, make by-laws for the carrying into effect and for the purposes of any function conferred on it by virtue of this Act or any other written law.” In pursuant to this particular section urban authorities have been making by-laws inter alia being on the solid waste management.

105 106

The Local Government (Urban Authorities) Act [CAP 288 RE 2002] Ibid

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3.1.4 Ilala Municipality (Environmental Cleanliness) By-Law of 2011107 The by-law108 which is established by the Ilala municipal council on waste management vide the Act109 provides for various ways of waste management inter alia being solid waste at local level, for instance section 4 (1)110 prohibits disposal of the waste including but not limited to solid waste in the places which are not set aside for such purpose. Correspondingly, section 4(2) of the same by-law directs every household within the Municipality to have separate storage facility for solid waste. Section 4 (3) of the established by-law111 requires the waste carriage trucks to be tighten to the extent that the carried waste is not seen and does not fall down on the way when transported for disposal. Section 5 (1) of the by-law imposes refuse collection fees to every household for the transportation of the solid waste from their households to waste disposal centres. The by-law112 also, under section 17 imposes penalty to defaulters and on conviction the penalty is payment of money at the tune of not less than fifty thousand (50,000/=) Tanzanian Shillings (Tshs.) or sentence of not less than twelve (12) months in jail or altogether. The research found this by-law adequate saving for some few censures in the sense that it provide for the wide coverage in solid waste management arena ranging from solid waste management strategies to the reprimands and penalties on default. However, practice in Ilala municipality with regard to this by law is not upright as the law enforcers and other stakeholders do not fully implement the same. This makes the effectiveness of this bylaw in question.

107

Government Notice No. 111 of 18th March , 2011 Ibid 109 The Local Government (Urban Authorities) Act [CAP 288 RE 2002] 110 Ilala Municipality (Environmental Cleanliness) By-law of 2011 [G.N 111 of 2011] 111 Ibid 112 Ibid 108

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3.2.0 Institutional Framework The Environmental Management Act113 being the fundamental law on environmental management and protection provides for the institutional framework for environmental management and protection in Tanzania inter alia being solid waste management. The Institutional framework is categorically divided into three levels which lie from the national (central) level, regional level and local level. Hereunder are the institutions in as far as environmental management specifically solid waste management concerns;3.2.1 Institutions at National (Central) Level The Act114 provides for the institutional arrangement from the central level to include various central government institutions.

The following is the arrangement of the

institutions dealing with environmental management and protection inter alia being solid waste management in the central or national level;3.2.1.1 The Minister Responsible for Environment The Act115 gives powers to the minister concerning with environment as the overall responsible person or institution for matters relating to environment and shall in that respect be responsible for articulation of policy guidelines necessary for the promotion, protection and sustainable management of environment in Tanzania. Section 13(2)116 authorizes the minister to issue general guidelines to the sector Ministries, Government Department, the Council, National Environment Advisory Committee, City, Municipal or District Environmental Management Committee, agency or any other public or private institutions for the purposes of implementation of/or giving effect to the provisions of this Act.

113

Act No. 20 of 2004 Ibid, 115 Ibid, Section 13 (1) 116 Ibid, 114

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3.2.1.2 The National Environmental Advisory Committee The National Environmental Advisory Committee herein to be referred to as Committee is established vide section 11(1) of the Act117 and is composed of members whose experience reflects various fields of environmental management in the public, private sector and civil society.118The fundamental function of this Committee is to advise the minister responsible for environment or any sector ministry on any matter which may be referred to it. However, the Committee particularly examines any matter which may be referred to it by the Minister or any sector ministry relating to the protection and management of the environment and shall recommend to the ministry or sector ministry, as the case may be, such action as in necessary for achieving the objectives of this Act.119Also, the Committee reviews and advises on any environmental standards, guidelines and regulations which are to be made pursuant to the provisions of this Act. 3.2.1.3 The Director of Environment The Director of Environment is established vide Section 14 of the Act120which provides that “there shall be the Director of Environment and such other officers as may be necessary for proper discharge of the functions of the office of the Director of Environment.” On matters pertaining to the management of the environment the Director of Environment among the other things has to coordinate various environment management activities being undertaken by other agencies and promote the integration of environment considerations into development policies, plans, programmes, strategies, projects and undertake strategic environmental assessment with a view of ensuring the proper

117

Environmental Management Act [Act No. 20 of 2004] Ibid, Section 11(2) 119 Ibid, Section 12(a) 120 Ibid 118

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management and rational utilisation of environmental resources on a sustainable basis for the improvement of the quality human life in Tanzania.121 Also, the Director of Environment is required to monitor and assess activities being carried out by relevant agencies in order to ensure that the environment is not degraded by such activities, environmental management objectives are adhered to and adequate early warning on impending environmental emergency is given.122 3.2.1.4 National Environment Management Council [NEMC] National Environment Management Council is established under section 16(1) of the Act123 which states that “there shall be a Council to be known as the National Environment Management Council, also to be known by acronym “NEMC”. The legal status of the Council124 is a body corporate with perpetual succession and common seal and its corporate name is capable of suing and being sued and capable of holding, purchasing and otherwise acquiring and disposing of movable or immovable property.125 The objectives for the establishment of the council are provided for under section 17(1)126 which is to the effect that “the object and purpose for which the council is to undertake enforcement, compliance, review and monitoring of environmental impact assessment and in that regard, shall facilitate public participation in environmental decision making, exercise general supervision and coordination over all matters relating to the environment assigned to the Council ,under this Act or any other written law.” Amongst the functions of the Council are;- to undertake and co-ordinate research, investigation and surveys in the field of environment and collect, and disseminate information about the findings of such research, investigation or survey, to enforce and ensure compliance of the national environmental quality standards and undertake in cooperation with relevant sector ministries programmes intended to enhance environmental

121

Environmental Management Act, Section 15(a) Ibid, Section 15(d) 123 Ibid 124 National Environment Management Council 125 Environmental Management Act, Section 16(2) (a ,b and c) 126 Ibid. 122

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education and public awareness about the need for sound environmental management as well as for enlisting public support and encouraging the effort made by other entities in that regard.127 3.2.1.5 Sector Ministries The law under section 30128 require the establishment in each ministry a sector environmental section which its duties among others is to ensure compliance by the sector ministry with requirements of the Act,129ensuring all environmental matters contained in other written law falling under sector ministry are implemented and report of their implementation is submitted to the Director of Environment130and liaison with the Director of Environment and the Council on matters involving environment and all matters with respect to which cooperation or shared responsibility is desirable or required under the Act.131 Among the functions of sector environmental section are;- to advise on and in collaboration with other bodies implement the policies of the Government on the protecting and management of the environment,132 to ensure that environmental concerns are integrated into the ministry or departmental development planning and project implementation in a way which protects the environment,133to prepare and coordinate the implementation on environmental action plans at the national and local levels as required under the Act134 and in conjunction with the ministry responsible for local government, to provide environmental advice and technical support to district level staff working in the sector.135

127

Environmental Management Act [Act no. 20 of 2004] , Section 18 (2) (c, f, h) Ibid 129 Ibid, Section 30 (a) 130 Ibid, Section 30 (b) 131 Ibid, Section 30 (c) 132 Ibid, Section 31 (1) (a) 133 Ibid, Section 31(1) (c ) 134 Ibid, Section 31 (1) (e) 135 Ibid, Section 31 (1) (m) 128

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3.2.2.0 Institutions at Regional Level The Act also affects the management of environment at the regional level by setting up some of the institutions which deals with the environmental management and protection at the regional level. Hereunder are the institutions as provided for under the Act which deals with the management and the protection of environment at the regional level;3.2.2.1 Regional Secretariat Section 34136 vests the regional secretariat with the responsibility for coordination of all advice on environmental management in their respective regions and liaison with the Director of Environment and the Director – General on the implementation and enforcement of the Act. Section 35(1)137 provides that “there shall be appointed by Minister responsible for regional administration a person to be known as the regional environment management expert who shall be charged with the responsibility of advising the local authorities on matters relating to the implementation of this Act.” The regional environment management expert shall be a link person between the region in which he is employed with the Director of Environment and the Director – General.138 3.2.3.0 Institutions at Local Level Local authorities being vital in the entire process of environmental management and protection has been given place in the Act, as it lay down the institutions arrangement for the management and protection of environment at the local level. Here forth, is the institutional arrangement at local level as provided for under the Act;3.2.3.1 Municipal Environment Management Officer Section 36(1) (b)139 provides that, there shall be designated or appointed by each City, Municipal, District and Town Council an Environment Management Officer who shall be

136

Environmental Management Act [Act no. 20 of 2004] Ibid. 138 Ibid, Section 35 (2) 139 Ibid 137

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a Public officer and shall in the case of geographical jurisdiction of Municipality, the Environmental Management Officer shall be known as the Municipal Environment Management officer. Among the functions of Municipal Environment Management Officer are; - to advise the Environment Management Committee to which he belongs on the all matters relating to environment,140promote environmental awareness in the area he belongs on the protection of the environment and utilisation of natural resources in the area,141review by-laws on environmental management and a sector specific activities related to the environment142 and report to the Director of the Environment and the Director – General on the implementation of the Act.143 3.2.3.2 Standing Committee on Urban Planning and Environment This committee is established under Section 42144 and provided for under section 37 (1).145The committee is vested with the functions as provided for under Section 55,146however, the committee without prejudice to subsection 2 of Section 37147 shall also perform such additional functions such as are prescribed by this Act [Environmental Management Act] or as may, from time to time, be assigned to any one of such city, municipal or district by the Minister by notice published in Gazette and carry out all directives given to them by the minister in relation to the promotion and enhancement of sustainable management of the environment. 3.2.3.3 Ward Development Committee The Ward development Committee is established under section 31(1)148 and provided for under section 38 (1).149The committee is vested with the proper management if the

140

Environmental Management Act [Act No. 20 of 2004] , Section 36(3) (b) Ibid, Section 36 (3) (c) 142 Ibid , Section 36 (3) (g) 143 Ibid, Section 36 (3) (h) 144 Ibid 145 Ibid 146 Ibid 147 Ibid 148 Local Government (District Authority) Act [CAP 287 RE 2002] 149 Environmental Management Act [Act no. 20 of 2004] 141

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environment in respect of the area in which they are established, perform additional functions as are prescribed by the Act150 or as may be assigned to each or any of them by the minister or the Council. Also, to carry out all directives to them by the minister in relation to the promotion and enhancement of sustainable management of the environment and perform any other function or discharging any other duty relating to ancillary or incidental to proper management of the environment as provided under the Act.151 3.2.3.4 Township, Ward, Village, Mtaa and Kitongoji Environment Management Officer They are established under Section 39152 and they are vested with the functions as provided for under Section 40153 the officers have to coordinate all functions and activities geared towards the protection of environment within the areas of designation. 3.3 Conclusion However, national (central) government is responsible for establishing the institutional and legal framework for solid waste management (SWM) and make sure that local governments have the necessary authority, powers and capacities for effective solid waste management. In many instances the responsibility for solid waste management has been delegated to the local authorities (urban authorities) without adequate support to capacity building to the staffs and personnel of the local government (urban authority). Nevertheless, effective solid waste management (SWM) depends upon the cooperation of the population and local governments (urban authorities). It is therefore, high time now for the local governments (urban authorities) to take measures to enhance public awareness on the importance of solid waste management (SWM), generate a constituency for environmental protection and promote active participation of users and community groups in local level solid waste management.

150

Environmental Management Act [Act No.20 of 2004] Ibid 152 Ibid 153 Ibid 151

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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 Solid waste management is gradually becoming a serious concern in Tanzania due to limited sorting at source and improper storage, collection, transportation, treatment and final disposal. This implies that significant proportion of the waste generated end up in the environment in an unacceptable ways of disposal which accentuates environmental and public health risks. The government has engaged the private sector, Non-Governmental Organizations (NGO’s) and Community Based Organizations (CBO’s) to be involved in solid waste management (SWM) services. This has tried to reduce the amount of solid waste in urban areas, although more efforts are still required. This Chapter presents the research findings and data analysis on the examination of the law and practice on solid waste management in urban areas, the findings presented range from what was obtained through field data collection involving the questions; - 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, are the community members and other stakeholders active on solid waste management? The findings also include the data collected vide secondary sources such as websites materials, manuals, journals, reports as well as the books. The researcher in the due course of undertaking this research visited various areas of Ilala Municipality such as Kivukoni and Kisutu which represents the high income wards in the Municipality, Kariakoo, Gerezani and Mchikichini which represents the middle income wards in the Municipality and Buguruni and Segerea which represents the low income wards in the Municipality. These areas visited have been valuable in depicting the real situation on solid waste management as exist, hereunder are the findings of this research;42

4.1.0 Research Findings 4.1.1 Is the Legal Framework for Solid Waste Management in Urban Areas Sufficient? The research discovered that the legal framework on solid waste management in urban areas is sufficient as it has gratified various aspects on solid waste management, this can be verified by the Ilala Municipality (Environmental Cleanliness) By-laws 154 herein to be referred as the by-law, which governs the matters of Environmental Management within the Ilala Municipality vicinity inter alia being on solid waste management. The by- law for example section 4 (1)155 prohibits disposal of the waste including but not limited to solid waste in the places which are not set aside for such purpose. Respectively, Section 4(2) of the same by-law direct every household within the Municipality to have separate storage facility for solid waste. Also, under section 5 (1) it imposes refuse collection fees to every household for the transportation of the solid waste from their households to waste disposal centres. In the same tune, section 4 (3) of the established by-law156 requires the waste carriage trucks to be tighten to the extent that the carried waste is not seen and does not fall down on the way when transported for disposal. The by-law does not only address the issue of solid waste management in letters rather in spirit as it provides for some punitive measures to the polluters and defaulters as under section 17 it imposes penalty to defaulters and on conviction the penalty is payment of money at the tune of not less than fifty thousand (50,000/=) Tanzanian Shillings (Tshs.) or sentence of not less than twelve (12) months in jail or altogether.

154

G.N 111 of 2011 Ibid 156 Ibid 155

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In response to the interview conducted on this aspect one of the respondent 157 had this to say as hereunder quoted in his own words;“…the legal framework is sufficient as it has touched various issues on solid waste management. For example, the Municipal by-laws state well on solid waste management concerning waste producer responsibility such as separation of waste at source i.e. dry waste and wet waste, this is purposely done so as people will understand the recycling and re-use of the waste, paying refuse charge

upon

which the failure lead to criminal charge ant to clean the plot including frontage maintenance” Likewise, in the interview done to one of the respondent158 he commented on this aspect by saying;“…the legal framework on solid waste management in urban areas is sufficient to a great extent though compliance of the same is the problem for example here in town every office has dust bins for keeping waste as required by law but you find that people do not use the same effective” Similarly, in another interview conducted to one of the respondent 159 who in the same trend had this to comment;“…the law itself has no problem the problem is with the enforcers of it and the community as they don’t exactly do what the law requires, a good example is when you find people throwing the litters in various places in town and elsewhere”

157

The Head of Department Waste Management Department, Ilala Municipal Council. The interview conducted on 10th September, 2013 from 0920Hrs to 1000Hrs at Ilala Municipal Environment Office at Kamata, Dar-es-salaam 158 A legal practitioner with National Social Security Fund (NSSF) on 20 th September , 2013 159 A law student at Mzumbe University Mbeya Campus College living in Ilala Municipality at Sharif Shamba

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In contrary, one of the respondent160 in the interview conducted to him in responding to the question on whether the legal framework on solid waste management in urban areas is sufficient, firmly point out that;“The legal framework on solid waste management is not sufficient in the sense that the by-laws are not flexible, hence does not match with time as the circumstances varies depending with time. For instance, regardless of the price fluctuation which causes the life expenses increase the by-law still stipulate the refuse fee which were used five or three years ago. Another reason which causes the legal framework on solid waste in urban areas not sufficient is that, the by-laws are not realistic and logical as does not consider the circumstances of the people as you may find the storey building pays a little amount of money compared to a person with just a single room while the rate of waste generated is quite different. So you find that sometimes we set aside by law and negotiate afresh logically on the reasonable refuse fee to be paid by the waste producer which sometimes brings about inconveniences. Also, Irrational rate of refuse fee, for instance a person with a Bureau de change pays 100,000/- while a person with hardware pays 30,000/- or 50,000/- this is unfair as the person has to pay refuse fee as per the production rate” In the same move, another respondent161 in reacting on the issue of sufficiency of the legal framework had this to comment in the questionnaire that was given to him;“…the legal framework on solid waste management is not sufficient due to the fact that the legal framework provides for the lesser penalties in some of the offences, this has led to non-compliance of some laws by the waste producers as they know that they can afford to pay the fines imposed by those laws which result into non-

160

Operations Manager, Green Waste Pro. Limited (The private company dealing with waste management in the Ilala Municipality), the interview conducted on Thursday 26 th September, 2013 from 1545Hrs to 1630Hrs at Ilala, Dar-es-salaam. 161 Law Enforcement Officer, Waste Management Department, Ilala Municipal Council.

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deterrence of solid waste pollution in most of the urban areas such as markets and households” Since, most of the respondents suggested that the legal framework on solid waste management is sufficient; it is convincingly to comment that this research revealed that the legal framework on solid waste management in urban areas is sufficient. 4.1.2 What is the Practice in Solid Waste Management in Urban Areas vis-à-vis Legal Framework? This research revealed that the practice in solid waste management in urban areas vis-àvis legal framework is not satisfactory. This particular position has been reached on the fact that most of the respondents to this questions commented that the practice in solid waste management worsen due to concentration of socio-economic activities and escalating population growth. In responding to this question one of the respondent162 in the interview conducted to him had this to say in as far as the practice in solid waste management in urban areas concerns;“…the solid waste production is higher than the collection rate as the company (Green Waste Pro. Limited) collects about 70% to 75% of the solid waste generated. The reasons for not meeting collections goals include Poor infrastructures e.g. roads, inadequate of collection equipments, distance to dumpsite (30Km) from collection areas, which make it hard for many trips, traffic jams (congestions) sometimes collection cars delay in the jam for a long time, hence few trips are possibly made and goals can hardly be meet, lack of community awareness on the value of waste as most of the people in the community does not know that, waste can generate a lot of money to them if they take it serious, as family can buy a container for waste keeping and at last the waste collected can be sold for recycling and dumpsite is not modernised , as it just merely a poor land

162

Operations Manager, Green Waste Pro. Limited (The private company dealing with waste management in the Ilala Municipality), the interview conducted on Thursday 26 th September, 2013 from 1545Hrs to 1630Hrs at Ilala, Dar-es-salaam.

46

fill which in turn make the equipments such as compactors coming old and not effective in the whole process of solid waste collection. The practice of solid waste management in urban areas face a lot of challenges such as interference from government agencies such as TANESCO, DAWASCO etc. for instance TANESCO sometimes launch the operation for cutting down tree that hinder their stem which cause pollution by the tree branches and they do nothing to abate that, hence the responsibility remains ours to remove it without any cost. It is difficult to enforce the law against government agencies when they fault, since it becomes difficult and not practicable.” In the same trend, another respondent163 responding to the interview to him on the material point had this to comment;“The Municipal Council involve in the promotion and management of solid waste in various ways such as conducting Public awareness programmes, collection of solid waste, investment in equipments and tools, law enforcement, encourage waste separation, re-use, recycling in order to reduce the volume of waste transported and many others of the like. However, the Municipal have been facing some challenges in solid waste management such as low community involvement in solid waste management, lack of awareness, high cost of operation, inadequate tools for solid waste management, inadequate fund for operation, poor law enforcement as there is a laxity of actors or law enforcers such as extension officers, Mwenyekiti wa Mtaa, ward level leaders and Lack of landfills. Nevertheless, the practice on solid waste management in urban areas is not sufficient as the Institutional framework itself is not well organized which lead to laxity of the actors from the mtaa (street) level up to the Municipal, for example some actors on solid waste management are political leaders of which make them to act in according to their political interest making it hard for management of solid

163

The Head of Department Waste Management Department, Ilala Municipal Council. The interview conducted on 10th September, 2013 from 0920Hrs to 1000Hrs at Ilala Municipal Environment Office at Kamata, Dar-es-salaam

47

waste. Also, the bureaucracy on the institutions on solid waste management hinder the clear management of solid waste as sometimes request for fund may be delayed or denied as it passes through a lengthy process quiet different if waste management would be vested to autonomous body or Authority rather than the Municipal, hence the service provided is low and the consumers or costumers are discouraged to pay or hardly pay their money for the service. I suggest for efficiency solid waste management the duty of solid waste management should be vested to a specific authority as it has been done to others such as water, electricity etc.” Likewise, another respondent164 who also had a chance to contribute on this aspect had this comment, as it is hereunder quoted in his own words;“The practice on solid waste management in urban areas is not satisfactory to high extent, as you may find that most of the waste producers fail to pay fee for example in Ilala Municipality the wards are categorized into three status of which are;Higher Income wards , Middle income wards and lower income wards hence you find that the fee are 15,000/-, 10,000/- and 5,000/- respectively but people from middle and lower income are stubborn in payment of the refuse fee hence make it difficult for the provision of solid waste management in those areas. Also, the institutional framework is not well arranged as it brings about Bureaucracy as fund to facilitate the solid waste management activities comes from the City Director office and thus the office (Director) has many priorities not only solid waste so sometimes you may find even the car may lack a fuel to go to the field to collect solid waste due to this bureaucracy.” From the above observation given by different respondents on the research question it is credibly to comment that this research found that the practice in solid waste management in urban areas vis-à-vis legal framework is not satisfactory.

164

Law Enforcement Officer, Waste Management Department, Ilala Municipal Council.

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4.1.3 Are the Community Members and Other Stakeholders on Solid Waste Management Active? The research revealed that the community members and other stakeholders on solid waste management are active as the local government has engaged the private sector, NonGovernmental Organizations (NGO’s) and Community Based Organizations (CBO’s) in the due process of solid waste management (SWM) services. In responding to the question on this particular aspect one of the respondent165 to whom the questionnaire was issued stated that;“Apart from the government there are other stakeholders who deals with solid waste management in our area (Ilala) such as Non-Governmental Organisation (NGO’s), Community Based Organisation (CBO’s), private companies for solid waste management (under contract) and private entities for example industries[Emphasis Mine]. These stakeholders have been effective as they help the Municipality in solid waste management by performing different functions patterning to solid waste management, for example the private companies hired by the Municipal under contract to perform solid waste management, performs almost the functions of the municipal on solid waste management except of the prosecution which in most case is done exclusively by the municipal.” Likewise, another respondent166 was of the same view as to the previous respondent on this aspect as he commented that;“To some extent the community and other stakeholders have been active in the entire process of solid waste management, for instance most of the people comply with the payment of the refuse fee which shows that to a large extent they are conscious on the issue of environmental management and particularly solid waste management. Also other stakeholders such as Community Based Organisation

165

Law Enforcement Officer, Waste Management Department, Ilala Municipal Council. Operations Manager, Green Waste Pro. Limited (The private company dealing with waste management in the Ilala Municipality), the interview conducted on Thursday 26 th September, 2013 from 1545Hrs to 1630Hrs at Ilala, Dar-es-salaam. 166

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(CBO’s) and Private entities for example Hotels such as Kilimanjaro Hotel which in one event provided the dust bins for keeping waste such as solid waste has been frontline in solid waste management with cooperation with the Municipality.” In another occasion another respondent in responding to the question basing on the activeness of the community and other stakeholders in solid waste management in urban areas had this to say;“The Municipality has adopted Public Private Partnership [PPP] in which it involves some private company in solid waste management. These companies have contract with Municipal and they are vested with the obligations such as solid waste collection, cleaning streets and open spaces, collection of refuse fee and sometimes enforcement of the law (sometimes). Also there are Community Based groups which their activeness have been depicted in their duties which include the primary solid waste collection, collection of refuse fee and to clean environment. Other active stakeholders on solid waste management are individual companies and good will people, who take social responsibility through contribution of solid waste management instruments such as blooms, dustbins and others of the like.” The above views given by different respondents and with due regard to majority of them are conclusive indication that this research found that the community members and other stakeholders on solid waste management are active save for some denigrations as have been mounted by minority respondents on the same question. 4.2. Conclusion Solid waste if properly handled is a potential source of employment, jobs and income. Private sector and investors are encouraged to establish solid waste recycling systems in order to minimize the amount of the non- degradable waste materials which include waste paper, metal, glass, plastic bottles and used tires. Presently, there are minimal recycling activities for some types of waste materials in few towns in Tanzania including Dar-essalaam in particular Ilala Municipality.

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The Government is encouraging various stakeholders to exploit the potential of decomposing solid waste for climate change mitigation through biogas flaring and generation of electricity. Also, industry owners and investors are encouraged to promote the production of alternative bags in place of plastic bags, such as paper and sisal manufactured bags. For instance in recent years, the government under Regulation 40 (1)167ban the manufacturing, importation, selling, buying, and use of plastic bags under 30 microns (or 0.03 mm) thickness and those with 65 microns (or 0.065 mm) thickness used for water and juice packaging. Nevertheless, it surtaxes other types of plastic bags (commonly known as Rambo) with 30 microns (or 0.03 mm) thickness and above, by more than 100%, since these bags and packets polluted the environment.

167

Environmental (Solid Waste Management) Regulation , G.N 263 of 2009

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CHAPTER FIVE SUMMARY, RECOMMENDATIONS AND GENERAL CONCLUSION 5.0 Introduction Solid Waste Management effectiveness in urban areas is influenced by the waste handling patterns and underlying attitudes of the urban population. Since the effectiveness and sustainability of solid waste management in urban areas depends on the degree to which the served population recognizes and takes ownership of the systems and facilities on solid waste management in those areas, it is important that the people be involved from the outset in the planning of the local segments of solid waste management in urban areas. This chapter deliberates a summary of the research findings, recommendations on the appropriate course to be taken by the law makers, law enforces, Municipality, community and other stakeholders on solid waste management in urban areas particular Ilala Municipality as well as the general conclusion on solid waste management in urban areas with regard to the examination of the law and practice thereto. 5.1 Summary The research was undertaken in Dar es Salaam city in particular Ilala Municipality. The essence of taking Ilala Municipality as the case of this study was basically due to the factor that most of the areas within the vicinity of this Municipality have dense population which in turn has led to filthy conditions in specific by the solid waste, for instance areas such as Kariakoo Market, Buguruni and others of the like. The research corpus comprised of almost five chapters in which, chapter one provided a general introduction to the research and other methodological issues such as;- background of the problem, statement of the problem, objectives of the study, significance of the study, research questions, literature review, scope of the study, research design and methodology and lastly limitation of the study. Chapter two examined the existing environmental law principles and concepts on solid waste management. Whereas, chapter three described the legal and Institutional 52

framework for the regulation of solid waste in Tanzania taking into consideration the principal legislations as well as other sectoral legislations implemented by various government agencies and authorities. Moreover, chapter four analysed the findings gathered from field and chapter five summarised the key findings of the research, recommendations and conclusion. In the statement of problem this research justified its validity by aiming at providing the answer of questions related to solid waste management stream vide examining the laws as well as the practice on the solid waste management particularly in urban areas so as to effect changes on the status quo by suggesting different types of legal measures to encourage solid waste minimization in urban areas for the sustainable development. This purpose has to a large extent been met by this research as the research revealed some issues relating to the legal framework as well as the practice on solid waste management which were not well addressed and unrevealed as well as giving the way forward in the recommendations part. The specific objectives of the research were; - to examine the laws on whether they cater the need for the community in solid waste management in urban areas, to examine the practice as whether it complies with the legal framework on the 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. These objectives have squarely been dealt by this study respectively; - the research in its findings revealed that the laws on solid waste management to a large extent caters the need of the community, the findings also revealed that the compliance with the legal framework on solid waste management is still a problem as the practice contradicts the legal provisions and lastly the research findings discovered that the community and other stakeholders on solid waste management plays a great role in assisting the Municipality in entire process of solid waste management. The research was conducted basing on three questions which were; - Is the legal framework for solid waste management in urban areas sufficient? What is the practice in 53

solid waste management in urban areas vis-à-vis legal framework? , and Are the community members and other stakeholders active on solid waste management? These questions had place in this research as the findings come out with the position on the same questions respectively;- on the first question concerning the sufficiency of the legal framework for solid waste management in urban areas most of the respondents commented that the legal framework is sufficient to the large extent. In response to the second question the research revealed that the practice in solid waste management in urban areas vis-à-vis the legal framework is not satisfactory due to many reasons ranging from institutional defies to financial encumbrances. In the last question on whether the community members and other stakeholders on solid waste management are active, the research revealed by the majority respondents that the community and the stakeholders are to the large extent active in as far as solid waste management concern since they participate fully together with other actors in the entire process of solid waste management. 5.2 Recommendations The trend for solid waste management seems to worsen in urban areas Ilala Municipality not spared due to concentration of socio-economic activities and escalating population growth. This research despite of covering Ilala Municipality only; it is of high lesson to various Municipalities, the legislators, policy makers, law enforcers and others of the like. This research offer the following recommendations to different entities depending on their participation in solid waste management;5.2.1

Recommendations to the Central Government

The central Government should provide subsidies for solid waste management planning. One amongst many factors that this study revealed to hinder the efficient solid waste management in urban areas is financial constraints that face the local governments, so it is the urge of this research that the central Government should fully provide for the fund or subsidies for the local government authorities on solid waste management for the smooth management of solid waste in their localities. 54

The central Government should not leave the burden of solid waste management solely to the Municipals. It is crystal clear that the duty of solid waste management is legally vested to the Local Governments. However, these governments seems to be incapacitated due to various factors, so this research is of the view that central government participation is still of paramount importance. The central Government must prioritise the issue of solid waste management, the government should invest in solid waste management equally as to other matters by making sure it establish things such as collection points which will minimize distance to the dumpsite and increase efficiency in solid waste management, provide awareness to the community through mass media as it is done to other matters such as malaria and HIV/AIDS and in different ways for example through putting placards in the highways and various areas so that people can be aware on the importance of keeping their environment clean. The central Government shall establish the recycling firms or industries in the large scale so that most of the domestic solid waste be recycled in our country and not exported outside as the trend is now, which in one way or another reduces the profit from our waste. This research discovered that there are few recycling industries in our country and other countries such as China has used this loophole to take our solid waste such as plastic for recycling in their country. The central Government should establish an independent and autonomous authority such as EWURA, DAWASCO, TANESCO and others of the like to deal with solid waste management as solid waste is also the utility with importance such as water or electricity and the production of waste in inevitable as far as human being is alive. An independent Authority to deal with solid waste management will cease the role to be performed by the local authorities which seems to be incapacitated and inefficient in solid waste management. The central Government shall establish the capacity building programmes to the Municipal officials from time to time on the new techniques on how to combat solid waste and on the management of the solid waste in their localities. This will help the actors on 55

solid waste management to increase their skills and knowledge on the new techniques of solid waste management and increase their efficiency capacity. The central Government also shall formalise the waste (solid waste) sector as the employment sector. Waste sector have been employing many people especially youths for instance there are youths who have employed themselves as scavengers (bottles collectors), this is one of the ways in which these youths have been making life and alleviate from poverty. This research recommend that the central government formalise this sector by making a good arrangement such as registration of their activities as they play a great role in combating solid waste at the municipal level. This will also help in statistical information, as this research revealed that even the authorities have no exactly number of the people engaging in this activity. The central Government also, has to establish the large scale compost or organic farms. This has been done in other countries and have been efficient in solid waste management as the established compost and organic farms will be helpful in the reduction of the bulk of solid waste produced as other will be used as manure in those farms. The research recommends that the central Government should establish a national professional body for solid waste management. The research revealed that most of the staffs in solid waste management are not well skilled in this aspect so having a professional body for solid waste management may help to raise the profile of the profession and promote improved operational and professional standards. 5.2.2 Recommendations to the Local Governments (Municipalities) The local governments since are legally responsible for solid waste management this research recommend that they should practice separation of waste at source, the laws are clear on this aspect though the compliance of it is still a problem to the local governments, this will help in the reduction of the bulky of solid waste as there are some of the solid wastes which are recyclable but due to the fact that they are not separated at source they all end up to the disposal areas.

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The research also recommend for the local governments to provide for the public awareness on the issue of solid waste management. This will ease the task of solid waste management on the part of the local governments as things such as non-compliance to the payment of the refuse fee will end up following the members of the community taking solid waste management as the important utility for their lives. 5.2.3 Recommendations to the Legislators The Research also owes a recommendation to the legislators as they are also among the stakeholders of solid waste management;The Research recommends that the legislators be up to date to cope with the changes of the society, since the society is flexible the laws made on solid waste management should match with time and the circumstances or realities of the society. So to speak things like fluctuation and life hardship should be considered in the making of the solid waste management programmes and rules. 5.2.4 Recommendation to the Political Leaders The research recommends that the political leaders should have the political willingness to combat solid waste in their areas and not just to concentrate on their political differences in the implementation of the solid waste management programmes in their areas. The research revealed that lack of political willingness among the political leaders is one of the key factors for poor solid waste management at the local government level. It should be borne in mind that waste sector if properly handled can employ a lot of jobless youths and if it is given the priority waste can liberate a lot of people from poverty. 5.2.5 Recommendation to the General Public The research recommends that the citizens be trustworthy in cooperating with the actors on the solid waste management. This will help in fulfilling the effective solid waste management as untrustworthy acts in the public such as vandalism by untrustworthy citizen of the solid waste collection equipments such as trails and others of the like will be eradicated. 57

5.3 General Conclusion Operative solid waste management (SWM) depends upon an appropriate distribution of functions, responsibilities, authority and revenues between national, regional and local governments, as well as intra-urban units such as wards or communities. In comparison with other sectors, agencies responsible for solid waste management should also pay a reasonable attention to integrated management approaches based on adequate information systems, decentralised responsibility, interdisciplinary interaction and cooperation between functional levels. It is the credence of this research that private enterprises can usually provide solid waste management services such as collection, transfer and disposal services more efficiently and at lower cost than the public sector. This is due to various factors such as competitive bidding as the entity which is highly competitive will be chosen, existence of enterprises with adequate technical and organisational capacity for example Green Waste Pro. Limited which conduct its functions in Ilala Municipality specifically city centre effective regulation of the partnership arrangements and adequate management of the private partners through clear specifications, monitoring and control. However, it does not mean that the duty of solid waste management be left exclusively to private enterprises as there are some places which need the hand of the local authorities, for instance on the enforcement of the law, as this research revealed that it has been difficulty for the private enterprises to enforce laws on solid waste management. 5.4 Proposed Area for Future Research The researcher being confined on solid waste management he did not concentrate much on other kinds of wastes management. However, in the due undertaking of this research the researcher came across some challenges in as far as environmental management concerns which may be considered for the future study. The researcher discovered that electronic (e) waste and hazardous waste have not well been addressed thus propose that an examination of the law and practice be done on these areas for the future research. 58

BIBLIOGRAPHY Books Anand, S. (2010), Solid waste management, New Delhi-India: Mittal Publication Bell, S. and Donald, M. (2008), Environmental Law, 7th Edition; London: Oxford University Press Beckwith S and Thornton. (2004), Environmental Law, 2nd Edition, Sweet and Maxwell, London Diaz, L.F. et al (2005), Solid Waste Management, Vol. 1, United Nations Environment Programme Dulo, S. (2010), Solid Waste Management, VDM Publishing Ezekiel, E. (2011), Municipal Solid Waste Management, LAP Lambert Acad Publishers Gupta D. (2008), Text Book on Environmental Law, 2nd Edition, Asia Law House, India. Liyala, C.M. (2011), Modernising Solid Waste Management at Municipal Level: Institutional Arrangements in Urban Centres of East African, The Netherlands: Wageningen Academic Publishers. Myneni, S.R. (2008), Environmental Law, New Delhi-India: Asia Law House Shovel M. (2007), Macmillan Dictionary for Advanced learners, 2ndEdition, A&C Black Publishers Ltd; London Singh, J et al (Ed.) (2010), Solid Waste Management: Present and future challenges, New Delhi- India: I.K International (Pvt) Ltd. Solomon, A.O. (2011), The Role of Households in Solid Waste Management in East Africa Capital Cities, the Netherlands: Wageningen Academic Publishers. Thomas, E.M. (Ed.) (1998), Solid Waste Management: Critical issues for Developing Countries, Kingston Jamaica: Canoe Press University of the West Indies

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Warioba M.D and Warioba L.M (2012), Local Government Reforms in Tanzania, Mzumbe University, Morogoro - Tanzania Journals and Articles Pallangyo, M.D (2007), “Environmental Law in Tanzania; How Far Have We Gone?” Law, Environmental and Development Journal Papers Lubuva, J.M. (17th January 2012), ‘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. Ntakamulenga, R. (10–13 September 2012),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 Squires, C.O. (October 2006), Public Participation in Solid Waste Management in Small Island Developing states Schubeler 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) Newspapers This Day; The voice of Transparency 1st March 2010 Internet Sources www.encapafrica.org/EGSSAA/solidwaste pdf

accessed on 28 November 2012 at

1350Hrs http://www.shareyouressays.com/110866/what-is-the-impact-of-waste-accumulation-onterrestrial-aquatic-lifeaccessed on 28t November 2012 at 1405Hrs

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http://edugreen.teri.res.in/explore/solwaste/health.htm accessed on 28 November 2013 http://www.mde.state.md.us/programs/Land/RecyclingandOperationsprogram/SourceRe duction/Pages/programs/landprograms/recycling/source_reduction/index.aspx accessed on 28 November 2013 at 1523Hrs http://livinggreen.ifas.ufl.edu/waste/composting.html accessed on 28 November 2013 http://environment.alberta.ca/02984.htm accessed on 28 November 2013 at 1634 Hrs. http://www.thefreedictionary.com/landfillingaccessed on 28 November 2013 Reports JICA Report on Solid Waste in Dar-es-salaam, 1996/1997

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ANNEXTURE A ORDINARY CITIZENS QUESTIONNAIRE Dear respondent, this questionnaire is deliberately for academic purpose, in which a researcher as a finalist (3rd year)student at Mzumbe University- Mbeya Campus College is extremely obliged to undertake a compulsory research paper to be submitted in partial fulfillment of the requirements for the award of degree of bachelor of Laws. The respondent’s personal information is uprightly reserved at their choice. The researcher is outstandingly esteemed to give his thanks in advance and call for your space and time to respond to the following questions;1. What is the most type of waste in the household in your area? a) Kitchen waste (food remains, vegetable, fruits peel etc.) b) Papers (magazines, newspapers , cardboards ) c) Glass d) Metals e) Plastic 2. Is waste stored at the household level? a) Yes b) No If the answer is NO how is generated waste managed? a) Burnt b) Buried c) Thrown in nearby drains Street d) Collected by waste contractors e) Others (Specify) 62

3. Who is Responsible for managing waste? a) Members of the Household b) Ward leaders c) Counselors d) Other (Specify)

Name of the Respondent …………………………………………… Job Description ……………………………………………………... Address ……………………………………………………………… Signature ……………………………………………………………. Date ………………………………………………………………….

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ANNEXTURE B SOLID WASTE STAKEHOLDERS QUESTIONNAIRE Dear respondent, this questionnaire is deliberately for academic purpose, in which a researcher as a finalist (3rd year) student at Mzumbe University- Mbeya Campus College is extremely obliged to undertake a compulsory research paper to be submitted in partial fulfillment of the requirements for the award of degree of bachelor of Laws. The respondent’s personal information are uprightly reserved at their choice. The researcher is outstandingly esteemed to give his thanks in advance and call for your space and time to respond to the following questions;1. What are the sources of solid waste in your Municipality? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 2. How much solid waste is generated daily in your Municipality? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 3. What does the Municipality do to promote or carry out in solid waste management? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… 64

…………………………………………………………………………………………… …………………………………………………………………………………………… ………………………………………………….... 4. Do you have any Municipal by-laws on solid waste management? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 5. What does the Municipal by-laws state on solid waste management concerning waste producer responsibility? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 6. What does the Municipal by-laws state on solid waste management concerning liability on failure to pay for waste fee collection? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 7. What is the role of Municipal officials in solid waste management in the Municipality?

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…………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 8. Are there any other Institutions or agencies (private contractors) which provide Solid Waste Management services in your Municipality? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 9. Do they have any terms with municipality? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 10. What are their roles? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 66

11. What are the Municipal views regarding its roles in solid waste management? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… 12. Does Municipality get any Central government support in solid waste management? …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… ………………………………………………….... 13. What kind of support? (Financial, technological, human etc.) …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………… Name of the Respondent …………………………………………… Job Description ……………………………………………………... Address ……………………………………………………………… Signature ……………………………………………………………. Date ………………………………………………………………….

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ANNEXTURE C ILALA MUNICIPALITY (ENVIRONMENTAL CLEANLINESS) BY-LAWS [G.N 111 OF 2011]

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