NATIONAL ENVIRONMENTAL (DAMS AND RESERVOIRS) REGULATIONS, 2014
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NATIONAL ENVIRONMENTAL (DAMS AND RESERVOIRS) REGULATIONS, 2014
[PURSUANT TO THE NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007]
ARRANGEMENT OF REGULATIONS
REGULATION:
PART I-GENERAL PROVISIONS
1. Objectives.
2. Application.
PART II-ADMINISTRATION OF THESE REGULATIONS
3. Registration with the Agency.
4. Classification of Dams.
PART III-GUIDING PRINCIPLES
5. Principles for Regulating Facility.
6. Environmental Impact Assessment.
7. Environmental Audit.
PART IV-PROHIBITION
8. Prohibited Activities.
9. Sanitation and Waste Control.
PART V-RESTRICTED ACTIVITIES
10. Restricted Activities in Storage Area.
PART VI-GUIDELINES AND STANDARDS
11. Standards for Facility Operation.
12. Standards for Design and Construction of New Dam.
13. Protection of Biodiversity.
14. Dam Break Studies.
15. Emergency Plan.
Part VII–PERMIT AND INSPECTION
16. Permit.
17. Inspection.
18. Monitoring and Inspection.
PART VIII—ENFORCEMENT
19. Enforcement Notice.
20. Enforcement Notice Reminder.
21. Mode of Delivery.
22. Suspension of Permit. 23. Equity.
PART IX-OFFENCES AND PENALTIES
24. Offences.
25. Penalties.
PART X-MISCELLANEOUS
26. Interpretation:
27. Citation.
SCHEDULES
ENVIRONMENTAL (DAMS AND RESERVOIRS) REGULATIONS, 2014
[PURSUANT TO THE NATIONAL ENVIRONMENTAL STANDARDS AND REGULATIONS ENFORCEMENT AGENCY (ESTABLISHMENT) ACT, 2007 NATIONAL]
In exercise of the powers conferred on me by section 34 of the National Environmental Standards and Regulations Enforcement Agency (Establishment) Act, 2007 and all powers enabling me in that behalf, I, MRS. LAURENTIA – LARABA Mallart, Minister of Environment, make the following Regulations
[9th Day of December, 2014) [Commencement.]
Part I-GENERAL PROVISIONS
Obiectives
1.-(1) The objective of these Regulations is to control the effects of Dams and Reservoirs on the environment and human health.
(2) The specific objectives are to
(a) reduce or minimize environmental hazards and disasters such as dam break, sediment load and dam water releases causing downstream flooding and erosion;
(b) protect, minimize and address negative impacts on freshwater, wetlands and water quality;
(c) minimize the impacts from lowering the water elevation in a reservoir during a repair project, such as installing a temporary bufferdam, necessary to reduce detrimental impacts to fish and wildlife associated with the wetland environment and to reduce loss of aquatic vegetation that serves as wildlife habitat;
(d) promote the best management practices through application of appropriate sedimentation, erosion and flood control measures to prevent and where necessary, limit flooding, swamping and water shortage;
(e) protect and improve the chemical and ecological status of water systems and allowing water systems to serve socio-economic and environmental functions;
(f ) ensure effective use of dams and reservoirs to regulate river flow . levels and flooding downstream of the dams by temporarily storing the flood volume and releasing it later;
(g) ensure effective use of dams and reservoirs for the desired purpose; prevent hazardous substances used during repairs and other dam activities from entering any adjacent water and freshwater wetlands to protect aquatic life;
(h) ensure that the environmental impact of dams and reservoirs is managed in such a way that it does not adversely affect the desired operation of the facility:
(i) restore or mitigate alterations to freshwater wetlands as deemed necessary by the Agency,
(j) promote the best method to minimize pollution of freshwater;
(k) ensure proper maintenance of the dam and the associated structures, and
(l) provide for the safety of lives, property and the environment in the advent of disaster or emergency.
Application.
2. These Regulations apply to all Dams and Reservoirs in Nigeria.
PART II-ADMINISTRATION OF THESE REGULATIONS
Registration with the Agency.
3.-(1) The owner of an existing facility shall register with the Agency, within ninety (90) days of promulgation of these Regulations, by completing the registration form as specified in Schedules I and II to develop appropriate database.
(2) The owner of a new facility shall notify in writing and forward the design plan to the Agency to update the existing database.
Classification of Dams.
4.-(1) A facility shall be classified by the Agency based on size and hazard potential as specified in Schedule VII to these Regulations.
(2) The Agency shall liaise with relevant authorities to determine the class of a Dam.
(3) The Agency shall maintain a list of all classified dams and make the list available to the public.
(4) The Agency in collaboration with the relevant authorities shall where appropriate, reclassify facilities.
PART III-GUIDING PRINCIPLES
Principles for Regulating Facility,
5. The Guidelines set out hereunder shall be observed in regulating all facilities
(a) the precautionary principle shall be observed, and that is to say, where there are threats of serious or irreversible damages, the absence of scientific certainty shall not be used as a reason for postponing cost effective measures to prevent environmental degradation;
(b) the “Polluter-Pays-Principle” shall apply;
(c) dams and reservoirs operations shall be conducted using the Best Available Technologies (BAT) that are environment-friendly and compatible with public health;
(d) extraction of resources shall be carried out with adequate consideration of the environment (plant, man, animal and the general ecosystem);
(e) statutory national and international Facility Management Bodies shall co-operate in building better practice management through sharing of information, technology and professional expertise; and
(f) adequate access to information and opportunity shall be provided for meaningful participation in planning, monitoring, ensuring compliance and encouraging best practices in the Facility.
Environmental Impact Assessment (EIA).
6. Environmental Impact Assessment (EIA) shall be conducted by the project proponent and submitted to the Federal Ministry of Environment for all new Facilities before the commencement of operations as required by the EIA Act of 1992 and Environmental Impact Statement (EIS) submitted to the Agency.
Environmental Audit.
7. Environmental Audit (EA) including Environmental Management Plan (EMP) shall be conducted on all existing Facilities every three (3) years and submitted to the Agency for review and Certification.
PART IV–PROHIBITION
Prohibited Activities.
8.(1) Sewage (soak-away) for every service building and dwelling in the vicinity of the dam shall not be located within 500 meters to the reservoirs.
(2) Fishing and boating shall not be carried out without obtaining permit from appropriate authority.
(3) Camping shall not be carried out without obtaining relevant permit from appropriate authority.
(4) Removal of vegetation and felling of trees around the storage area shall not be done without obtaining approval from appropriate authority.
(5) The use of hazardous chemical within the storage area is prohibited as specified in National Environmental (Chemicals, Pharmaceuticals, Soap and Detergent Manufacturing Industries) Regulations, 2009.
(6) Dams repair and maintenance shall be carried out using method that ensures the water quality is not polluted as specified in schedule IV to these Regulations.
Sanitation and Waste Control.
9.- (1) A person shall not dump or discharge in any place on land or into Sanitation the water of a storage area, any refuse, waste or material of any kind and Waste whatsoever which shall cause water pollution, but shall store it in containers Control. suitable for the purpose.
(b) adequately provide instrumentation and properly maintain within the context of Schedule IV, all design, operation and maintenance of dams shall comply with global best practices;
(c) carry out Dam Break Studies for all facilities;
(d) have an Emergency Preparedness and Response Plan;
(e) have capability to absorb the failure or releases of the upstream dam water;
(f) have a different hazard potential classification from the downstream dam, if the failure flood wave of the upstream dam will not cause failure of the downstream dam;
(g) ensure that a receptor dam is constructed at the downstream of any upstream dam located in a neighboring country:
(h) ensure that no dam water is released if cleanup is not done, when polluted;
(i) ensure that no land disturbing activities is carried out within 1000 meters to the bank of the reservoir without the approval from the management authority:
(i) ensure that no sediment management method(s) are carried out without the approval of the Management authority;
(k) ensure hydrographic surveys are carried out at least once in five years;
(l) ensure that Environmental Flow in the ecosystem is maintained through adequate flow of water to the downstream;
(m) disallow any chemical substance that can reduce water quality, increase salinity, introduce toxins and make the water unusable for drinking and irrigation in the dams and water bodies except with the approval of the Agency;
(n) minimize clearing of vegetation at the project inception and remove slash material from adjacent freshwater wetlands and water bodies;
(0) ensure that warning, danger and caution signs are provided within the reservoir area for general safety;
(p) carry out maintenance in accordance with established operational procedures; and
(q) ensure that functioning hydro-meteorological stations are mounted at strategic places.
Standards for Design and Construction of New Dam.
12.-(1) Catchment area management and other measures for design shall be used to optimize the life expectancy of reservoirs and reduce the environmental impact on the river and stream valley.
(2) Facilities shall be constructed in accordance with extant regulations and the design shall be based on the standards as specified in Schedule III to these Regulations.
Protection of Biodiversity:
13. A person shall protect the biodiversity and shall not kill or disturb any animal nor cut, destroy, uproot or harvest any plant in a storage area or introduce alien species without a permit issued by the appropriate authority.
Dam Break Studies.
14.—(1) Damn Break Analysis shall form an integral part of the overall dam safety program.
(2) Dam Operators shall ensure that adequate safety measure(s) are provided in the event of any catastrophic failure such as sudden, rapid and uncontrolled water releases.
(3) Emergency Action Plan (EAP) shall address the inherent flooding hazards that may arise from the breach in a dam as a result of the sudden, rapid and uncontrolled release of water.
(4) Dam Operators shall put in place preventive measures to include (a) Flood plain zoning; (6) Flood plain mapping; and (c) Issues of flood early warning.
(5) Dam Break Studies shall consist of the following
(a) Precipitation analysis;
(6) Hydrologic modeling;
(c) Dam breaching analysis;
(d) Dam break flood wave routing; and
(e) Inundation mapping of the resultant flood.
(6) Analysis of past incidences of flooding in the country shall be applied to develop a robust Emergency Response Plan (ERP) and future land-use planning.
(7) Dam Operators shall develop and apply Flood Early Warning (FEW) measures for all facilities.
Emergency Plan.
15.-(1) The Dam Operators shall develop Emergency Action Plans (EAPs) for all dams in Nigeria to contain the following information—
(a) guidance for evaluating emergency situations occurring at a dam; (b) notification charts and emergency contact information;
(c) a list of residents, businesses and entities within the downstream inundation zone;
(d) a list of resources available for responding to a dam emergency:
(e) an inundation zone map (estimated boundary of the maximum water elevation resulting from a dam breach); and
(f) basic physical and geographical data for the regulated dam.
(2) The Emergency Action Plans shall establish and maintain the following —
(a) emergency contact information;
(b) evacuation procedures; and
(c) effective communication link between the Dam Operators and Emergency Management Authorities.
(3) The Agency in collaboration with other relevant authorities shall develop and periodically review facility Safety Programs.
(4) Emergency Management Authorities shall provide critical emergency contact information and assistance for dam safety and emergency response issues.
(5) Emergency Preparedness and Response Plan (EPRP) shall be developed by the facility owners or operators in collaboration with relevant authority and ensure ownership and domestication by responsible Agencies to be reviewed every five years by responsible Agencies.
(6) An EPRP shall provide all necessary information and instructions: needed to allow an individual to respond to an emergency related to the dam.
(7) Dam operator shall identify stakeholders and shall bring them together to jointly develop the Plan.
(8) Respective roles and responsibilities at Federal, State and Local Government levels shall be considered and clearly stated by the Plan.
PART VII—PERMIT AND INSPECTION
Permit.
16. Dredging of a facility shall be carried out with a permit issued by the appropriate authority in accordance with extant Regulations and also as specified in the National Environmental (Permit and Licensing System) Regulations, 2009.
Inspection.
17. The Agency shall carry out compliance monitoring and inspection of dams and their appurtenant works in line with the provisions of these Regulations.
Monitoring and Inspection.
18.—(1) Owner of facility shall carry out annual safety assessment.
(2) Records of dam and reservoir safety activities and operations shall be made available for sighting during compliance monitoring and inspection by the Agency
PART VIII—ENFORCEMENT
Enforcement Notice.
19.-(1) An enforcement action shall be carried out as specified in Schedule VI to these Regulations and it may include the serving of enforcement notice.
(2) An enforcement notice shall be served if the Agency is of the opinion that an operator has contravened, is contravening or is likely to contravene any condition of a permit.
(3) An enforcement notice shall specify the
(a) activities or matters constituting the contravention or making it likely that the contravention will arise, as the case may be;
(b) steps that must be taken to remedy the contravention or to remedy the activities or matters making it likely that the contravention will arise, as the case may be; and
(c) period within which those steps must be taken.
(4) An officer of the Agency may, in the course of his duty under these Regulations, at any reasonable time
(a) enter and search any premises or facility to take samples or specimen for analysis, and measurements in length and/or of level of standards to which these Regulations relate; and
(b) seize and detain for such time as may be necessary for the purpose of these Regulations any article by means of or in relation to which he reasonably believes any provision of these Regulations has been contravened.
Enforcement Notice Reminder
20.-(1) Any operator who fails to comply with the terms of the enforcement notice issued pursuant to regulation 19 of these Regulations may be serviced a second notice.
(2) Failure to comply with the second notice or reminder within the specified time limit will lead to the issuance of a suspension notice, sealing of the facility, premises or any other punitive action as may be necessary.
Mode of Delivery
21. Mode of delivery of the enforcement notice shall be by hand, registered post or courier, electronic transmission, or be pasted at the facility or registered premises of the organization.
Suspension of Permit.
22.-(1) Where a suspension notice is served under these Regulations, the permit shall upon the service of such notice, cease to have effect as stated in the notice.
(2) The Agency may withdraw a suspension notice after verification of compliance.
Equity.
23. Every facility shall be given equal treatment without preference as far as inspection and enforcement of relevant laws are concerned.
PART IX-OFFENCES AND PENALTIES
24.—(1) A person who causes damage to any Government or other Offences. property within a Storage Area commits an offence.
(2) A person who contravenes any of these Regulations or fails to observe any condition contained in a permit issued in pursuant to these Regulations, commits an offence.
(3) The Agency may have the right to refuse the carrying of a firearm or any kind of weapon into the storage area without a written approval from the appropriate authority.
Penalties
25.-(1) A person who violates any of the provisions of these Regulations or commits an offence shall on conviction be liable to a fine not less than one million Naira (N1,000,000.00) or to imprisonment for a term not less than two years or both such fine and imprisonment and an additional fine of ten thousand naira (N10,000.00) for everyday the offence subsists.
(2) A corporate body that violates any of the provisions of these Regulations or commits an offence shall on conviction, be liable to a fine not less than five million Naira (N5,000,000.00) and an additional fine of fifty thousand naira (N50,000.00) for everyday the offence subsists.
(3) In addition to sub regulations (1) and (2) the offender shall be responsible for the remediation of the damage to the environment and any affected properties therein.
PART X-MISCELLANEOUS
Interpretation.
26. In these Regulations unless the context otherwise requires—
“Agency” means the National Environmental Standards and Regulations Enforcement Agency,
“Animal” means any vertebrate animal (excluding a fish and a poisonous snake);
“Biodiversity” means fauna and flora;
“Dam” means any artificial barrier, together with appurtenant works, including but not limited to dams, levees, dikes or floodwalls for the impoundment or diversion of water or other fluids where failure shall cause danger to life or property;
“Appropriate Authority” means a Federal, State or Local authority, Irrigation or Water Board or other Statutory body responsible for the management of dams and reservoirs;
“Desired Purpose” means the reason for which the facilities exist;
“Detailed inspection” means all studies, investigations and analyses necessary to evaluate conclusively the structural safety and hydraulic capacity of a dam or reservoir and appurtenant works. This inspection shall include but is not limited to soil analysis, concrete or earth stability analysis, materials testing, foundation explorations, hydrologic analysis, including basin studies and flood potential. This inspection shall be performed by a registered engineer;
“Director-General means the Chief Executive and Accounting Officer of the National Environmental Standards and Regulations Enforcement Agency appointed under section II of the Act or any person or Authority acting on his behalf;
“Distressed Dan” means the condition of a regulated dam, as determined by the Agency, is such that a risk of failure exists that will result in probable loss of human life or major economic loss;
“Facility” means Dam and Reservoir;
“Fish” includes crustacean and mollusca and water fauna in general and the eggs, hatch, spawn or the young of fishes and of such water fauna;
“Fish Ladder” means a structure in or around artificial barriers in the dams to facilitate migration of fish between fresh and salt water;
“Hazard Classification” the rating ranges from Low Hazard, significant hazard dam, to a High hazard dam;
“Inspector” means an inspector designated as an environmental inspector;
“Inspection” means visual examination of an existing dam or proposed dam site to determine the physical dimensions of the dam and reservoir and the hazard potential of the structure, irrespective of the structural safety of the dam itself;
“Lifeline Facilities” means essential facilities within the catchment area, the loss of which can result in indirect threat to life. Facilities shall include transportation links (high ways, bridges, rail lines) and utility systems (electric power plant, gas and liquid fuel pipe lines, telecommunication system, water supply and waste water treatment facilities);
“Lead Agency” means any Ministry, Agency, Parastatal, Local Government system, or Public Officer in which or upon whom any law vests functions of control or management of any segment of the environment;
“Management Authority” means the owner or operator of a dam;
“Minister” means the Minister to whom the President has assigned responsibility for the Act;
“Owner” means the person or persons who own, control, operate, maintain, manage or propose to construct a dam or reservoir including any individual, firm, partnership, association, syndicate, company, trust, corporation, Local government, Agency, political or administrative sub division of the State or any legal entity of any kind holding legal title to a dam;
“Operate a Dam or Reservoir” means to perform functions intended to preserve or protect the dam or reservoir (or the area potentially impacted by the dam or reservoir). Examples of operator functions include removal or replacement of flashboards, opening or closing of gates, removal of accumulated trash at the spillway, and maintenance functions such as mowing grass on the dam;
“Pasting” means the posting of a notice at the address of the owner or occupant of the premises or facility, or the putting of a notice in a public or conspicuous place so that people including those the notice is meant for, can see it;
“Person” means any person, body corporate or organisation;
“Polluter-Pays-Principle” means a kind of payment attached to the extent of pollution;
“Reservoir means any basin, including the water, which contains or will contain the maximum amount of water impounded by a dam;
“Seepage” means the migration of water through a dam foundation;
“Storage Area” means the water surface and the submerged area of a Dam, as well as all surrounding land and also any Water Works in a Water Control Area in which such Dam is situated in respect of which the Agency exercises rights and privileges;
*Tailings” means the material generated by a mining/milling operation, which is deposited in slurry form in an impoundment for storage and/or both;
“Watershed” means the area that contributes or shall contribute surface water to a reservoir.
Citation.
27. These Regulations shall be cited as the National Environmental (Dams and Reservoirs) Regulations, 2014.
SCHEDULES
SCHEDULE 1
REGISTRATION AND NOTIFICATION
[Regulation 3 (1)]
(1) The owner of Facilities shall file an application with the Agency, within ninety (90) days of Promulgation of these Regulations, a fully completed registration form to be provided by the Agency.
(2) The owner of a regulated dam shall notify the Agency and the Appropriate Authority having jurisdiction, of the transfer of legal title of such dam or a change in the mailing address, telephone number or emergency contact person not later than sixty (60) days after the date of such transfer or change and provide to the Agency the new owner, mailing address, telephone number, or emergency contact person.
(3) The owner of a regulated dam, upon written request from the Agency, shall make available all the existing surveys, plans, drawings, designs and reports related to the dam, in possession of or available to the owner, that shall be required by the Agency for the purpose of environmental monitoring.
SCHEDULE II
REGISTRATION FORM FOR FACILITIES
[Regulation 3 (1)]
1. APPLICANT:
Name(s):…………………………………………………………………………………………………………..
Signature: …………. ……………………………………………………………..
Address: ……………….. ……………………………………………………………..
City: ……………. ……………………………………………………………..
State … ……………………………………………………………..……………………………………………………………..
Local Government Area:… ……………………………………………………………..
Telephone No:. ……………………………………………………………..
E-mail: ……………………………………………………………..……………………………………………………………..
2. PROPERTY OWNER(s):
Name(s): .. ……………………………………………………………..……………………………………………………………..
Signature(s): …. ……………………………………………………………..……………………………………………………………..
Address: …….. ……………………………………………………………..……………………………………………………………..
City: …….. ……………………………………………………………..……………………………………………………………..
State: .. ……………………………………………………………..……………………………………………………………..
Local Government Area: . ……………………………………………………………..……………………………………………………………..
Telephone No.: …. ……………………………………………………………..……………………………………………………………..
E-mail: ….. ……………………………………………………………..……………………………………………………………..
3. DESCRIPTION OF THE FACILITY:
Address or Location of the Dam: ……………………………………………………………..
Hydrological Area:….. ……………………………………………………………..
State: ……………………………………………………………..……………………………………………………………..
Local Government Area:…… ……………………………………………………………..
Longitude:…… ……………………………………………………………..
Latitude:………….. ……………………………………………………………..
Altitude (m asl):. ……………………………………………………………..
Assessor’s Map No.: … ……………………………………………………………..
DAM CHARACTERISTICS:
Type: ……….. ……………………………………………………………..
Height (m): … ……………………………………………………………..
Crest Length (m): ……………………………………………………………..……………………………………………………………..
Reservoir Area (km): …… ……………………………………………………………..
Reservoir Storage Capacity (MCM): ………. ……………………………………………………………..
Spillway Type: …… ……………………………………………………………..
Spillway Design Flood (m/s):. ……………………………………………………………..
Catchment Area (km): ……… ……………………………………………………………..
OTHER INFORMATION ON THE DAM:
Purpose: …….. ……………………………………………………………..
Instrumentation: ……………………………………………………………..
Year of Completion: …… ……………………………………………………………..
Consulting Engineer: …… ……………………………………………………………..
Contractor: …. ……………………………………………………………..
Certificate Number: …. ……………………………………………………………..
Date applied for: ….. ………………………………………………………………
Application No.:……. ……………………………………………………………..
Date Filed ……. ……………………………………………………………..
Approved: ….. ……………………………………………………………..
Denied …….. ……………………………………………………………..
SCHEDULE III
STANDARDS FOR DESIGN OF FACILITIES
(1) Sediment trap shall retain gravel and sand which shall ensure evacuation of all the fine sand, silt and shale fractions.
(2) Residual water and sediment evacuation conduit shall provide the residual water downstream of the reservoir and sediments shall be evacuated, mainly during flood situations, without transition through the main reservoir and with a minimum damage to the riverine ecosystem.
(3) Water supply to the main reservoir shall be fed by a conduit that starts in the surface waters of the water trap, without any gravel or coarse and medium sand.
(4) The main reservoir shall be selected so that the final deep basin is characterized by simple biological structure and a short basin axis, to facilitate flushing of the basin sediments.
(5) Bottom outlet of the dam shall be used, if necessary, in combination with other passive and/or active measures to evacuate fine sediments from the deep basin by flushing operations.
(6) Fish ladder shall be constructed around or on the dam to facilitate migration of fish between fresh and salt water.
(7) Main conduit for hydroelectric or other reservoir use shall be maintained.
SCHEDULE IV
MAINTENANCE OF FACILITIES
[Regulations 8 (6); 11 (b)]
(1) Maintenance of a high hazard dam or significant hazard dam, except for certain cutting or removal of trees, does not require an approval from the Agency.
(2) To be exempt from Agency approval, the cutting or removal of trees must be limited to those trees with a diameter less than 6 inches (measured 0.6 metres above the ground level) or that does not affect the integrity of the dam.
(3) If trees have a diameter greater than 6 inches (measured 0.6 metres above the ground level) then the dam owner shall first consult with a qualified engineer who will determine if the cutting or removal could jeopardize the integrity of the dam.
(4) The owner shall obtain a written report from the qualified Engineer, if the qualified Engineer determines that the cutting or removal is not a threat to the integrity of the dam, and keep a copy of the report in file.
(5) The report does not have to be filed with the Agency. The owner shall file an application for repair of the dam in accordance with these Regulations if the qualified Engineer determines that the cutting or removal is a threat to the integrity of the dam.
(6) Mowing or cutting of vegetation shall be performed without an approval from the Appropriate Authority provided it is limited to areas on the dam and adjacent to the dam such that an area does not exceed five (5) metres from the embankment, spillway or low level control structure.
(7) All other mowing or cutting of vegetation within freshwater wetlands will require a permit from the appropriate authority unless specifically exempted under the National Environmental (Wetlands, River Banks and Lake Shores Protection) Regulations, 2009.
(8) Areas exceeding five (5) metres from the embankment, spillway or low level control structure that have been historically mowed and maintained are specifically exempted. These areas can continue to be mowed without a permit from the Agency.
(9) All maintenance activities shall comply with the following
(a) best management practices for erosion and sediment controls shall be used. All controls must be maintained in effective operating condition during the activity, and all exposed soil and other fills must be permanently stabilized at the earliest possible date;
(b) all equipment used for maintenance activities shall be removed from any freshwater wetland upon completion of the maintenance project; and
(c) all repair and maintenance activities shall be protective of water quality and freshwater wetland functions and values so as to prevent pollutants, sediment, direct discharge of storm water runoff, or any material foreign to waters including freshwater wetlands, or hazardous to life, from entering any waters including freshwater wetlands.
SCHEDULE V
GUIDELINES FOR REGULATING DISTRESSED FACILITY
[Regulation 11]
(1) Whenever the appropriate authorities determine that a dam is distressed, it shall determine whether the water in the reservoir shall be drawn off in whole or in part, and the actions necessary to make the dam safe.
(2) The Agency may notify the owner or person maintaining or having control of the dam, by certified mail, that the dam is unsafe, the actions necessary to make the dam safe and a schedule to complete the actions.
(3) The Agency may notify the owner or person maintaining or having control of the damn, by certified mail that the dam is distressed after completing the inspection or after receiving an inspection report completed by a qualified Engineer.
(4) The Agency may issue an immediate compliance order stating the existence of the unsafe condition and the action deemed necessary to correct the unsafe condition. It shall order the water in the reservoir to be drawn off, in whole or in part. The immediate compliance order shall become effective immediately upon service or within such time as is specified by the Agency in such order.
(5) Any emergency action taken by the owner of the facility shall immediately be reported to the Agency and the Local Government(s) in which the facility is located The facility shall also report, by telephone within twenty four (24) hours and in writing within three (3) days, the emergency action taken.
(6) If water has been drawn off or the dam has been altered pursuant to an order by the Agency, the reservoir shall not be refilled without approval of the Agency.
(7) If the Owner of the facility fails to comply with an order, the Agency may also, by summons and complaint, seek to enforce the order in a court of competent jurisdiction.
SCHEDULE VI
ENFORCEMENT ACTIONS
[Regulation 19 (1)]
(1) As set forth by Section 8 of the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007, the Agency may have the power to issue enforcement notices, orders, administrative penalties or other requirements to ensure compliance with these Regulations.
(2) The Agency may also provide written or verbal warning of its intent to undertake enforcement action. Nothing in these Regulations shall limit the authority of the Attorney General of the Federation to prosecute offenders as required by law.
(3) The Agency may forward a copy of the enforcement notices and/or orders to recognized court of law in accordance with the laws of the land and the State Government wherein the dam is located.
SCHEDULE VII DAM CLASSIFICATION
[Regulation 4 (1)]
General.
(1) All dams and reservoirs subject to these Regulations shall be classified according to their size and hazard potential. Classifications shall be made in accordance with this section and are subject to final approval by the appropriate authority. It may be necessary to reclassify dams as additional information becomes available.
Size Classification.
(2) The classification for size is based on the height of the dam and storage capacity. Size classification may be determined by either storage or height, whichever gives the larger size capacity as specified under the FGN (2007) Compendium of Nigerian Dams.
Hazard Potential Classification
(3) The classification for potential hazard shall be in accordance with the magnitude of the loss of life and damage to property. The hazards pertain to potential loss of human life or property damage in the event of failure or improper operation of the dam or appurtenant works. Probable future development of the area downstream from the dam that would be affected by its failure shall be considered in determining the classification. Dams shall be subject to reclassification if the appropriate authorities determine that the hazard has changed.
Hazard Potential Classification Table
(4)(a) High Hazard (Class I)—Dams located where failure will likely cause loss of life or serious damage to property, industrial and commercial facilities, important public utilities, main highways or railroads.
(b) Significant Hazard (Class II)—Dams located where failure will not likely cause loss of life but may damage property, industrial and commercial facilities, secondary highways or railroad(s) or cause interruption of use or service of relatively important public utilities.
(c) Low Hazard (Class III) Dams located where failure may cause minimal property damage, loss of life is not expected.
(5) Currently, there is inadequate information to classify the existing dams and reservoirs in the country according to the above classifications. Consequently, the classifications of the reservoirs (by size) according to the Compendium of Dams in Nigeria (FGN, 2007) are adopted in the interim. The 179 dams in Nigeria are listed in the following tables according to the adopted classifications. Large is 109, Medium is 17 and Small is 53.
DESCRIPTION OF DAMS AND RESERVOIRS IN NIGERIA
1990
MADE at Abuja this 9th day of December, 2014.
Mrs LAURENTIA LARABA MALLAM
Honourable Minister of Environment
EXPLANATORY NOTE
(This Note does not form part of these Regulations but is intended to explain its purport)
These Regulations provide for measures for the control of the effects of dams and reservoirs on the environment and human health, reduce or minimize environmental hazards and disasters such as dam break, sediment load and dam water releases causing downstream flooding and erosion, protect, minimize and address negative impacts on freshwater wetlands and water quality.
OTHER NESREA STANDARDS
ENVIRONMENTAL STANDARDS AND REGULATIONS OF NESREA
ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED)
