Waste & spills
Who must you call after a chemical spill?
The National Environment Act requires immediate notice to the police as well as NEMA. Site emergency contact lists often leave the police out.
When a spill causes pollution, or threatens to, Ugandan law sets out who must be told and what the responsible party must do. The key provisions are in the National Environment Act Cap. 181.
The legal duties
| Section | Duty |
|---|---|
| s. 89 | Anyone whose activity is likely to cause acute pollution must have an emergency preparedness and response system that includes a contingency plan, in proportion to the risk |
| s. 90 | In the event of acute pollution, or the risk of it, the person responsible must immediately notify the nearest police, NEMA and the relevant lead agency. Anyone else who sees it must also tell the nearest police station. |
| s. 91 | The responsible party must immediately activate its emergency response system and keep NEMA, the police and the lead agency informed during the clean-up |
| s. 79 | The polluter must stop the pollution, notify NEMA and the lead agency, mitigate the damage, clean up and restore the environment, and pay compensation |
| s. 163 | Failing to notify the authorities of pollution is an offence |
Who the lead agency is depends on the activity. For petroleum activities it is the Petroleum Authority of Uganda (PAU). Oil spills are also covered by the National Environment (Oil Spill Prevention, Preparedness and Response) Regulations, S.I. No. 145 of 2020. Other sectors have their own lead agencies, such as the Directorate of Water Resources Management for spills affecting water.
Inside the organisation. Alongside the legal notices, every spill should be reported straight away to the site supervisor or HSE supervisor, and recorded on a spill report form with:
- the date, time and location;
- the chemical's name and CAS number;
- the quantity spilled;
- the cause;
- the containment and clean-up actions taken;
- the people involved;
- how the waste was disposed of;
- any effects observed on people or the environment.
Build it into the plan. A spill plan should list notification contacts in order, with current phone numbers:
- site management;
- police and fire brigade;
- the nearest hospital;
- NEMA;
- the lead agency (for example, PAU).
Review the plan at least once a year and after every incident or drill.
What to do
- Check that your emergency contact list includes the nearest police station.
- Agree in advance who makes the external calls, and log the time of each one.
- Test the notification chain during spill drills, not just the clean-up.
Section numbers are from the National Environment Act, No. 5 of 2019. Confirm them against the Cap. 181 text.
How INRC can help
Our occupational health and safety emergency plans set out the notification chain in order, with the police, NEMA and the right lead agency, and our environmental audits check that it is tested during drills. Contact us to discuss your site.
This article is general guidance, not legal advice. Check current legislation and regulations for your specific project.