Waste Oil Management by Petroleum Business Operators: an Analysis of the Legal and Institutional Framework

Abstract

For years’ petroleum products comprising of fuels and motor oils have been used in different industries in Kenya notably by Petroleum Business Operators. These products are harmful to the environment in their processed form and become more dangerous and harmful when converted into waste oil. Waste oil if not properly disposed of can lead to devastating and long term harmful effects. Going back to previous years, the issue of waste oil management had not been looked into as the number of petroleum business operators was not as significant as it is today. The waste oil generated through the cycle of petroleum operators either accidentally or intentionally through their business activities, ends up in the country’s ocean, lakes, rivers, farms and streams which affects the environment, human and aquatic life and in other cases may lead to fatalities. If generated waste oil would be properly managed, handled and disposed of, it would encourage environmental sustainability. The study analyses the stages of the petroleum cycle, from importation, to transportation by different means, storage both bulk and at the retail service stations to disposal of the waste oil generated and the role of the legal and institutional framework throughout this cycle. This study has found that activities in the different stages of the petroleum business lead to generation of waste oil that contaminate the environment. The study also found that proper disposal mechanisms that will not further contaminate the environment were a challenge. It also found that there lack implementation mechanisms to manage the disposal and to compel petroleum business operators to take full responsibility of their actions that lead to generation of waste oil. The study makes contributions to both the legal and institutional frameworks with regards to petroleum business practices as well as disposal of the waste oil aimed at protecting and preserving the environment