Review of policies, regulations and standards and incentives/disincentives for adoption of new effluent management technologies in the agro process industry in Uganda

Regional Experts Workshop on Industrial Effluents Management in East Africa 19th – 20th May 2014, Ghion Hotel, Addis Ababa, Ethiopia
Review of policies, regulations and standards
and incentives/disincentives for adoption
of new effluent management technologies
in the agro process industry in Uganda
Robinah N. Kulabako
Kenan Okurut
Bio-innovate Regional Experts Workshop on Industrial Effluents
Management in East Africa, Addis Ababa, Ethiopia, 19-20 May 2014

Regional Experts Workshop on Industrial Effluents Management in East Africa 19th – 20th May 2014, Ghion Hotel, Addis Ababa, EthiopiaRegional Experts Workshop on Industrial Effluents Management in East Africa 19th – 20th May 2014, Ghion Hotel, Addis Ababa, Ethiopia
Background
o Uganda had both small and medium industries prior to
Independence
o In1952, Uganda Development Corporation established to improve
these industries
o A shift from reliance on agriculture to industry
o Included: soft drinks, textiles, soaps, vegetable oils, cigarettes sugar
and others
o But relied more on imported inputs and were subsided and protected
where policies were directed to foreign investments
o Expulsion of the Indians in 1972, owned a number of the industries
o Initiation of economic recovery programes, Industrialization Policy
and Framework of 1994/95

…….cont'd
o Increased discharge of industrial waste into the environment.
o Composition and complexity has also changed depending on a
particular industry varying amounts and chemicals used.
o Caused a national outcry, hence attracting government intervention
into the matter.
o The government of Uganda enacted a number of policies and
regulations to solve this phenomenon.
o Current conventional agro-process treatment processes tend to
separately focus on reducing pollution load or biogas production.
o Bio-Innovate Program to develop innovative integrated technologies
for agro-process industrial wastewater treatment
o Review policies, regulations and standards and
incentives/disincentives for adoption of new EMT in the agro process
industry

Methodology
Samples
• Seven regulatory agencies were visited to get existing environmental
policies, regulations, standards and other reports and literature
• About 5,000 medium to large agro based industries, BUT goes up to
about 10,000 including the small scale industries, majority Kampala
• Total of 15 agro-processing industries in the country were selected
• To include at least two industries from: Fruits and juice, fish processing,
breweries, tanneries, oil processing, abattoirs, textile, sugar processing and
dairy process industries
• However, only seven industries could be visited within the assignment period
(four in Kampala, one in Lugazi and two in Jinja)
Interview and Meetings
• Two sets of questionnaire guides: Regulatory agency and the industries
• Key persons interviewed were in-charge of environment, health and safety
issues

……Cont'd
Map of Uganda showing the location of Kampala, Jinja and Buikwe districts
Buikwe

Review of policies/legal and institutional framework
Institutional Framework
• The National Environment Policy, 1994 led to the formation of the National
Environment Statute, 1995 and the establishment of National Environmental
Management Authority (NEMA) as a regulatory authority responsible for coordinating,
monitoring and supervision of environmental protection activities in Uganda.
• Policy framework
The National Environment Management Policy, 1994
• To promote intergenerational equity and sustainable development that maintains and
enhances environmental quality and resources periodicity
National Policy for the Conservation and Management of Wetland Resources
• Wetlands and other natural resources and the environment are inter-related.

……Cont'd
Legal framework
Constitution of the Republic Of Uganda, 1995
• Protection of natural resources
• Article XXVII recognizes the need for sustainable management and utilization of natural resources to meet environment needs
The National Environment Act, Cap 153
• In 1995, the National Environment Statute and was later changed into an Act in 2000.
• Under Section 19(1), a developer of a project is required to submit a project brief to the lead agency.
The Land Act, 1998
• Section 44 provides for the protection of among others wetlands and any other land reserved for ecological purposes
The Water Act Cap 152
• The Water Act Cap 152 provides for the management of water in Uganda. Under section 107, the water regulations 1998 and
Sewerage regulations 1997 were formulated and are aimed at minimizing pollution of public waters by developers and others users.
The Public Health Act 1964
• Section 105 of the Public health Act 1964, revised in 2000 provides for the prevention any pollution dangerous to the health
• It establishes rules for drainage and sanitation, which specifically mention technical aspects of water disposal.
The Environmental Impact Assessment Regulation, 1998
• Statutory instruments 1998 No. 13, section 13 subsection 1 and 2 provides for a developer to pay attention on environmental issues

…….Cont'd
Standards for discharge of effluent into Water or on land regulations, 1999
• Section 6 (2) details maximum permissible limits for 54 regulated contaminants, not be exceeded before effluent is discharged
into water or on land.
The Water (Waste Discharge) Regulations, S.I. No. 32/1998
• Section 4 (1): No person shall discharge effluent or waste on land or into the aquatic environment, unless has a permit conditioned
and issued by the Director.
• Section 4 (2): Permit holder to ensure that the effluent or waste discharged conforms to the maximum permissible limits.
• The Occupational Safety and Health Act, 2006
• Section 13: Employer to take all measures for the protection of workers and the general public from the dangerous aspects of the
employer’s undertaking at his or her own cost.
The National Environment (Management of Ozone Depleting Substances and Products) Regulations 2001
• regulations manage and protect the environment from ozone depleting substances that are commonly discharged by industries
The Investment code Act, Cap 92 1991
• Section 18 (2) (d): Investor to take necessary steps to ensure that the operations of his or her business enterprise do not cause
injury to the ecology or environment.

International legal framework
The Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal 1989
• Prohibits all trans-boundary movements of hazardous wastes covered by the Convention
The Vienna Convention for the Protection of the Ozone Layer
• Adapted in 1985 and entered into force in 1988
• Protect the globe’s ozone layer. Parties to promote cooperation by means of systematic observations, research and information
exchange on the effects of human activities on the ozone layer and to adopt legislative or administrative measures
• The Stockholm Convention on Persistent Organic Pollutants (POPs)
• A global treaty to protect human health and the environment from chemicals that remain intact in the environment for long
periods and have harmful impacts on human health or on the environment.
Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals in international trade
• Promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in
order to protect human health and the environment
• Information exchange about their characteristics, for a national decision-making process and disseminating to Parties
World Charter for Nature 1982
• Proclaims five principles of conservation by which all human conduct affecting nature is to be guided
• Genetic viability on the earth shall not be compromised; necessary habitat shall be safeguarded.
 All areas of the earth, shall be subject to these principles of conservation;
 Man can utilize resources sustainably, but not endanger the integrity of other ecosystems or species with which they co-exist.
 Nature shall be secured against degradation caused by warfare or other hostile activities
London Guidelines for the Exchange of Information on Chemicals in International Trade 1987
…….Cont'd

Regulatory agencies
Policy and institutional setup
• Two government ministries that have some mandate in overseeing the
establishment, performance and compliance with regard to agro based
industrial effluent management.
• Ministry of, Trade, Industry and Cooperative (MTIC) and Ministry of Water
and Environment (MWE)
• National Industrial Policy 2008, agro-processing: food processing, leather and
leather products, textiles and garments, sugar, dairy products and value
addition for exports. MTIC is to promote environmentally sustainable
development to reinforce national goals
• National Environment Management Policy 1994, National Water Policy 1999
the National, Environment Act 1995 and the Water Act; the MWE is
responsible for conserving the environment the directorate of Water Resources
Management as the lead agency in the sector.
• Other central and local government environmental regulatory agencies derive
their powers from regulatory instruments to inspect, issue permits, warn or
prosecute

…..Cont'd
Permits and policies employed
• Some policies on environment issues are under review, to be applicable with the
current industrial developments in the country.
• Discharge permits and penalties are only based on the BOD level when actually;
some other types of waste loaded are being produced by the industries.
• Some industries established before current policies and regulations were in place -
difficult to enforce
• Three institutions issue licenses before any industry is established:
- Uganda Investment Authority issues an investment license
- Kampala City Council Authority and local government District Authorities issue
industrial establishments license. Also issue operation licenses (business trading
license)
- National Environment Management Authority issues an EIA license.
• No legal framework requiring the three institutions to work together
• DWRM, in accordance with the EIA report, issues a discharge permit
• Where, the industrial effluent may be treated to some standards, NWSC may issue a
trade discharge permit to discharge to the conventional sewerage treatment system
for further treatment before final disposal

…..Cont'd

Industrial effluent management in agro-process
industries

…Cont’d

Fruit juice
Fruit juice
Fish
Sugar
Sugar
Tannery
Sugar
Tannery
…Cont’d

Challenges to the regulatory agencies
Challenges Suggestible solutions to the challenges
 Un harmonized roles of the agencies NEMA, KCCA, DWRM district environment
office, etc. Some duplication of roles
 Re- aligning regulations and standards for countries/regions.
 Enforcement is a challenge- conflicting ideas
 Social pressure
 Finance
 Behavior
 Many taxes
 Compliance monitoring
 Hard to enforce- some industries
 Lack of techniques/capacity to manage own data
 Inadequate human resource capacity of regulatory agencies
 Some policies contradict/challenge others
 Start production and agencies come only after they release
 Implementation is also a challenge
 Political interference ( you close a factory now, the next day the ministry opens it
again)
 Resistance to invest, they think it is NEMA facilitators doing it for NEMA’s benefit
 Lack of coordination among stakeholders
 Fines are too small to change peoples’ behavior
 Not easy to implement some- polluter pays principle
 Investors not aware of industrial effluent management policies, regulations and polices
 Intervene by compelling industries to
adopt cleaner production practices
 Create more awareness and training
 Apply the polluter pays principle
 Strengthen the enforcement
 Strengthen NEMA
 Provide some incentives.
 Create awareness among the political
arena
 Prioritize environment in the National
development plan
 Improve collaboration among the
regulatory institutions
 Create focal persons in charge of
environment to improve coordination

…..Cont'd
Challenges to the agro-processing industries
Challenges Suggestible solutions to the challenged
 Lack of coordination among key actors
 Enforcement is a challenge and conflicting
ideas
 Implementation is also a challenge
 Limited space
 Limited/lack of finances) to invest.
 Behavior of the people
 Issues that require technological change are
challenges because of lack of resources
 Lack of techniques/capacity to manage their
own data.
 Fear to be taxed (tax evasion)
 Inadequate human resource capacity in the
industries
 Very many taxes
 High cost of influent treatment technologies
 Political interference
 Selective enforcement
 Investors not aware of industrial effluent
management policies, regulations and polices
 Not easy to treat waste like chrome, sulphur,
etc.
 Avoid selective enforcement
 Adopt cleaner production practice
 Improve on the EIA and other procedures in processing licenses and
permits
 Strengthen NEMA
 Provide some incentives
 Sensitize, create more awareness, build capacity of institution and help
industries to build capacity
 Prioritize environment in the National development plan
 Improve collaboration among the coordinating institutions
 Government and other partners to give free land for ETPs

Motivations to have an EMS
What motivates agro-processing industries to have proper effluent management system

Incentives and disincentives
Mechanisms that use financial means to influence polluters:
Tradable Permits, Subsidies, Charges / Tax/fees
Available incentives Suggestible incentives
Agency
Incentives:
Performance awards published in press
Compliance assistance by NEMA.
Tax exemption, issuing permits even before plant is put in
place. Closing up was in the past.
Offer training for best performer
Recommendation letter for good effort of best practice
Tax waivers on imported technologies
Disincentive:
Improvement notice, warning letter, closure, prosecution,
heavy penalty
High costs of ETPs
Lack of appropriate technology
Local authorities only mind about whether industry has
paid a trading license
Corruption
Selective enforcement
Most investor only mind about profits and less on
environment
 Revolving funds to help industries at very low interest
rates
 Environment fund- tax exemption
 Working on the percentage of tax on imported raw
material- tax exemption
 List of best performer industries by performance and
compliance and post regularly in the media (NEMA)
 Tax exemption (NEMA in collaboration with URA)
 Promote products of industries that have improved/are
complying
 NEMA to have logo as compliance similar to that of
UBOS
 Award contracts only to companies that comply
 Make cleaner production a mandatory practice
 Government support cleaner production to offer free or
subsidized services to industries
 Government give free land for industries to put up ETPs

…..Cont'd
Available and recommendable incentives for adoption of new ETP technologies
Available incentives Suggestible incentives
Industry
Incentives:
Tax holidays on prevention of pollution by Uganda
Manufacturers (with Germany firm)
Performance awards
Waste-resource recovery
Corporate social responsibility
Good image at local and international markets
Environmental awards
More sales in the international market
Disincentive:
Space
Limited finance
Competing priorities
 Financial offers to upgrade ETP to generate money.
 Favoring terms
 Efficient, give return especially energy, re-use of waste water
 Confined system requiring little space
 Image
 Require little space
 Reduce smell, sludge management
 Tax holidays
 Performance awards
 Bring about re-use of waste water. Solid wastes generate
include polythene
 If better than what they have
 With energy recovery and water re use.
 Should have economic return
 Should satisfy the requirements of NEMA/international
standards
 Should be proven technology
 New ETP promoters to share the cost of the equipment with
industries as a way of encouraging them to adopt
 Corporate social responsibility
 Good image with clients
 Award by environmental agencies
 Concerned with environmental issues
 Compliancy with policies and regulation

Lessons learnt and conclusions
• In Uganda, there is reliance on direct regulations in Industrial discharge
management however; economic incentives provide several advantages
such as reduction in pollution loadings and collection of revenue that can
later on contribute financially to the authorities.
• The PPP can lead to the reduction of impacts from waste water discharges
in the environment but an appropriate organizational structure (qualified
personnel, trained experts) should be put in place to manage the
operationalization of the structure.

Preliminary recommendations
 The policies developed should be directed to the design, construction and
operational phases of industries.
 Emphasize on EIA follow up and more frequent monitoring
 Enforcement strategy should be put in place to ensure the policies and
regulations are implemented and followed, non selectively
 More research on the ever upcoming industries in Uganda is needed
 Government to implement zoning of industries, to share a common effluent
treatment facility
 Government to subsidize ETP related equipment
 Build the capacity of technical staff in both the agencies and industries
 Encourage cleaner production technologies and may be develop into policy
…..Cont'd

Opportunities
 NEMA trains district environmental officers
 There is joint inspection with district environmental officers
 Industrial pollution task force in place (NEMA, DWRM, KCCA, NWSC)
 Some policies being reviewed
 Some political will / support but selective (Seen in KCCA)
 Compliance assistance to encourage improvement, not just to close down
 More awareness being created
 New law on draft provide that people discharge upstream of their
abstraction “pollute for themselves” being developed
 There is opportunity to recycle chrome from tanneries industries
…..Cont'd

Limitations
• Getting information from some of the agro-processing industries selected
was challenging!
• In some industries, difficulty to secure appointments for the visits
• In some industries, permission not grant to see the ETPs
• Not all industries willing to participant in the survey
• The work required more time than allocated!

Future planning / way forward
 Support district staff by establishing guidelines and criteria for discharges
 Only implement technology policies that can be attained by the industries
 Industrial operatives should engage and assist with analysis of submissions of
these policies
 Provide technical advice on effluent treatment technology
 Raise awareness of environmental protection requirements at all levels
 Improve coordination amongst the key regulatory agencies
 Respond to complaints from the public complaints
 Use compliance tools, including balanced and timely prosecution, to achieve
compliance
 Private sector involvement to promote economic development and sustainable
industrial development. This is because the government cannot work on its own

THANK YOU
Acknowledgements:
 Bio-Innovate Program coordinated and the
International Livestock Research Institute (ILRI)
 Partners Industrial Effluent Management who were
engaged in the consultant

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