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LAGOS STATE UNIVERSITY

CENTRE FOR ENVIRONMENTAL STUDIES AND


SUSTAINABLE DEVELOPMENT (CESSED)

Title of Course: Economics of Environmental Resources

Course Code: ENV 825

Lecturer: Dr. Mrs. J.O. Yaqub

Report on Sections 101-150 of the Lagos State Environmental Law.


 Part V (Waste water management: (Sections 101-127)
 Part VI (Flood and erosion control, land reclamation and water resources
management: (Sections 127-150)
by

Group 3 members: 1) Ezeilo, Chibuike Louis


2) Chikwendu Charity
3) Giwa Olayiwola Rafiu
4) Owolabi Olawale

May 5, 2019

Introduction
AN OVERVIEW OF THE LAW.

In Order to compliment the F….ederal National Environmental Standards and Regulations


Enforcement Agency (NESREA) Establishment Act, 2007, Lagos State has passed her
…………………..Environmental laws and regulations with particular emphasis to the peculiarity
of the state. This law consolidates all the laws and regulations applicable to the management,
protection and sustainable development of the environment in Lagos State. The Lagos State
Environmental Protection Agency (LASEPA) La..w was enacted to establish the Lagos State
Environmental Protection Agency (LASEPA). LASEPA’s functions include monitoring and
controlling the disposal of waste in Lagos State and advising the State Government on all
environmental management policies. Lagos State has also enacted the Environmental Pollution
Control Law, to provide for the control of pollution and protection of the environment from abuse
due to poor waste management.
The ENVIRONMENTAL LAW OF LAGOS STATE 2016 is divided into 11 parts and 251
sections with 190 pages, focusing on critical terms like Solid waste Management, Wastewater
Management, Flood and Erosion control, Conservation, Enforcement, Legislations, and so on.

The law delved into more cosmopolitan environmental issues like waste management, litter,
dumping of untreated toxic and or radioactive material into public drains, sanitation, street
trading and hawking, obstruction to drainage systems, water generation, effluents, noise, signage,
advertisement, gardens and parks, etc

Group Discussion

Our work is on Parts V and VI (i.e. WASTE WATER MANAGEMENT, FLOOD AND
EROSION CONTROL, and LAND RECLAMATION AND WATER RESOURCES
MANAGEMENT)
WASTE WATER MANAGEMENT

Wastewater Management in Lagos State as the case in other parts of Nigeria is minimal, with
only a fraction of waste water being treated. Sanitation systems currently used in Lagos State
include both government and private facilities.

A small number of publicly owned plants are available to treat wastewater before it is released
into water bodies. The existing facilities serve only a limited part of the population. It has been
estimated that about 94 percent of people in Lagos have no access to sanitary toilets.

With the increasing rains, residents are worried that they will suffer some environmental
challenges witnessed as a result of the despicable state of the plants. There is hardly an upgrade
of the facilities

From the Federal owned waste water treatment plants located in FESTAC/Satellite towns,
Gowon Estate, Trade Fair Complex, 1004 Estate, Nigerian Law School, PHCN Thermal Station
(Egbin), University of Lagos, School of Nursing (Obalende) and Muritala Mohammed airport, to
also include the Lagos State Waste Water Management Treatment Plants at Abesan, Oke-Afa
and Iponri, they are all at different states of disrepair

There is a problem of channelization of waste water of any category into 'soak away' systems,
public drains or water bodies. It is improper to channel waste water directly the sea, to use pit
latrine, to dispose anti-bacterial soaps, bleaches, paints, solvents, pesticides, other toxic
chemicals and harsh cleaning products into the septic tanks. Asides from this, all wastewater
from the showers, sinks, dishwasher or washing machine should be re-directed into the septic
tank

The state-owned wastewater treatment plants, four in number, are actually inadequate to cater for
the state's population strength in the range of 22 million and as such the state government is
expected to boost capacity by integrating this number with federal government-owned waste
water treatment facilities in Lagos State.

Residents of Jakande Housing Estate, Isolo, where Oke-Afa Waste water Plant is located have
constantly raised fears over a possible outbreak of epidemic in the area. The plant built in 1982
was to serve over 40, 000 people through activated sludge process, with the capacity of doing
primary, secondary and tertiary treatment, while the Oke-Afa canal is the receiving point.
However, no major rehabilitation was done on the plant, which serves about 50,000 people living
in and around Jakande Estate, apart from a facelift in 2010.

The only visible trademark of the plant is the effluent from the pipes overflowing into the streets
and drainage system. These effluents normally find their ways through available space criss-
crossing several residential homes before emptying into the canal. People have abandoned their
borehole because of contamination caused by the effluents mostly faeces, which now run through
their homes for onward discharge to the Oke-Afa canal. This ugly narrative is the cross residents
carry in the area. Wastewater plants need total replacement of equipment and key materials to
work optimally.

In some other areas, sewage is unfortunately emptied into the lagoon especially in areas like
Iddo, Makoko, Ajegunle among other locations. This is expected to worsen without strong
enforcement and methodologies, because Lagos State is home to about 22 million people. That is
an indication about the volume of dirt especially human wastes generated daily. Indeed the issue
of sewage for instance is quite complicated as it infiltrates the water bodies, which people in
parts of the state unknowingly consume.

SECTION ANALYSIS
Sections 101-111 of PART V of the Environmental law of Lagos state 2016, focuses on the
nature of sewers, the rights of the constituted authority (LAGOS STATE WASTE
MANAGEMENT OFFICE - referred to as the OFFICE for the remainder of this work) to empty
sewers into sea after proper treatment or conversion to useful derivatives. The Inspection,
possible seizure, clearance to build, management and reconstruction by the OFFICE of
defaulting premises with sub-standard sewerage system, the financial burden however is borne
by the residents. The Sections also highlight that buildings and other constructions should not be
erected over, across or adjacent to any sewer or sewerage System without the OFFICE ’s
Certificate or Approval and that trade effluent removal for farms trade effluent not to be
discharged into public sewers without the office’s approval.
Section 111-127 focuses on the criminalization of the discharge of dangerous trade effluent,
sewage, sludges and septage, Restrictions on use of public sewers and the power to make
concessions, give permits and licenses and make regulations by the Commissioner of
Environment (Thereafter referred to as COMMISSIONER).

Flood and erosion control, land reclamation and water resources management

The Lagos metropolis is a heavily populated, low-lying coastal region in Southwestern Nigeria.
It is bordered in the south by the Atlantic Ocean. With an interlocking network of roads and
buildings, and several inland waterways including the Lagos Lagoon which empties into the
Atlantic, Lagos is a melting pot of activities in Nigeria.

Lagos state is vulnerable to climate change induced hazards in the form of sea level rise and
heavy flooding from torrential precipitation. Factors linked to the topography of the area, land
use (LU) and land cover (LC) modifications, the influence of canals, lagoons, and beaches,
Urbanization and population growth, poor urban planning, and poor environmental management
and the indiscriminate disposal of solid waste are important in understanding the problems the
state faces as regards flooding. The tidal and co-tidal influences and frequent incursion from the
Atlantic into the lowlands during heavy storms should also be noted.

Flooding and flood risk management are issues of extreme importance in Lagos. Flooding in
Lagos can be disastrous, affecting hundreds of thousands of people and causing considerable
economic damage. A typical example is the July 2011 flooding event, which affected thousands
of people and resulted in many deaths, leading to the loss of billions of Naira. Public utilities
including road networks, bridges, and schools were destroyed. In addition, houses collapsed,
private homes were submerged, and several cars were swept away by flood water

(Sections 127-150) deals with

Functions of the Office of Drainage Services of the Lagos State Ministry of the Environment,
Power of the Enforcement Agency. Power to make Regulation, Offences and Penalties, Storm
water Mitigation Measures for Major Development, Dredging of Channel, Sinking of Borehole
Hydraulic and other Structures, Construction of Structure and Slabs, De-Sealing of Sealed
Property, Maintenance of Drains and Water Bodies, The nature of Drainage, Penalties and the
Prevention of Flooding and Management of State Floodplains, Wetlands and Riversides

DISCUSSIONS

 According to Section 120 of the environmental law, The Commissioner can make
regulations for carrying into effect the provisions of the law. This is explicitly stated in
Subsections 1 and 2 of Section 120. The Question that arises now is Standards. Standards
are set without nationally generated baseline data. According to the World Bank report,
Towards the Development of an Environmental Action Plan for Nigeria December 18, 1990
Western Africa Department, Most third world nations, adopt guidelines and standards of the
WHO. In analyzing these data, socio economic and climatic differences might be
compromised.
 The Sections are rooted in policies linked to liability rules and Command and Control
Standards. Economic Incentives (Incentive based policies) should be designed to
encourage sources of pollution to focus on cleaner technologies. This is observed in
almost all the laws especially Sections 116 which mandates regulations and best
Industrial practices without incentives when such regulations are carried out. There
should be a financial reward system for sources that go into research to reduce their
pollution burden on the environment
 In the laws, there is no input of residents of the polluted area in the decision making
process. This can be observed in all laws most especially those under Part V .The laws
are focused on punishing sources of pollution without taking a holistic approach into the
residents' view point. Markets are also a huge source of pollution which the laws didn't
fully address. It is only about the agencies and the polluter, reducing environmental
issues to a mere transaction without Inter-generational implications. The Environment is
about everybody. We all have a role to play in safeguarding our environment for
generations yet unborn. There should be a legislation to that effect, giving specific roles
to authority figures in communities like the traditional rulers and the CDA Chairmen. The
Market Women (Iya Oloja) can be given specific responsibilities on biodegradable
wastes-so also the leaders of Computer Village and Other Markets.