I
CONSTRUCTION OF A BRIDGE OVER THE RIVER MTKVARI NEAR VILLAGE AKHALSOPELI
Environmental Impact Assessment
Environmental Management Plan
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October 2010
|I. INTRODUCTION. |1 |
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|II. POLICY, LEGAL, AND ADMINISTRATIVE FRAMEWORK |4 |
|A. Environmental Policy and Legislation of Georgia |4 |
|B. Environmental Permitting |4 |
|C. WB Environmental Requirements |6 |
|D. Screening Determination |7 |
|E. Public Consultations |7 |
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|III. DESCRIPTION OF THE PROJECT |10 |
|A. Design Concept |10 |
|B. Planned Construction Works |15 |
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|IV. DESCRIPTION OF THE ENVIRONMENTAL SETTINGS |17 |
|A. Physical Resources |17 |
|B. Ecological Resources |15 |
|C. Historical and archaeological monuments |30 |
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|V. ANTICIPATED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES |31 |
|A. Potential Environmental Impacts |31 |
|B. B. Mitigation |32 |
|C. Monitoring |33 |
|D. Implementation Arrangements |34 |
|E. Costing of EMP Implementation Expenses |34 |
|F. Remedies for EMP Violation |34 |
|G. Approval of the Project by the City Authorities |34 |
|H. Environmental Management Matrix |35 |
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|ANNEX 1. Environmental Legislation in Georgia and WB regulations |37 |
|ANNEX 2. Minutes of Public Consultation Meeting |57 |
I. INTRODUCTION
Background
During the August 2008 crisis and the immediate days afterwards, an estimated 127,500 people fled from the scene of the violence to areas within Georgia. Since the cessation of conflict to the current time, an estimated 60,000 IDPs have found conditions secure enough to return to their homes. As conditions stabilize a further 34,000 have been estimated to returned, reclaiming their original houses and livelihoods. According to these projections there was an anticipated caseload of 30,000 IDPs who were not expected to return in the near future and were therefore in need of shelter elsewhere.
The World Bank reacted immediately and under RMIDP project it was decided to put the additional amount USD 10 Mln for emergency rehabilitation of conflict damaged regional and municipal infrastructure and services, including public buildings and shelters and construction of durable housing, through the carrying out of works and provision of goods and consultants’ services. Loan agreement was signed on October 3, 2008. Under the abovementioned RIIDP component MDF has constructed durable 783 houses in 8 villages.
By November 30, 2008 all durable houses wee built and IDPs moved in Metekhi, Akhalsopeli, Teliani, Mokhisi and Skra and later in Shavshvebi and Berbuki.
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Fig. Settlement of IDPs Akhalsopeli
However, after resolving the first urgent problems, the task is to ensure normal functionality of the new settlements and their integration in the socio-economic environment. The particular requirement is to provide adequate access and convenient transportation opportunities.
The mentioned objective also matches the overall objectives of the Government, considering improvement of mainline and local road infrastructure in Georgia. The Government has engaged multilateral donor organizations and the WB particularly in different programs for roads rehabilitation at the national and municipal level.
Proposed Project
The proposed project envisages construction of a bridge across the river Mtkvari near the v. Akhalsopeli in Kareli rayon of Shida Kartly District. The bridge will connect Tbilisi-Khashuri central motorway with 7 villages (Akhalsopeli, Tsromi, Imerliantkari, Okrossopeli, Didi Keleti, Patara Keleti, Sukiti) and the IDPs’ settlement (Akahlsopeli).
There are about 700 households in the aforementioned villages and 100 households in the IDPs’ settlement. Thus there are 800 households and 3,200 people in total.
The agricultural land area of the villages which will use the bridge totals to 3,500ha.
According to the available data about 100 vehicles (including 80 motor vehicles and 20 pieces of agricultural machinery) and at least 200 pedestrians cross the bridge every day.
The distance from the aforementioned villages to Khasuri Town via the central motorway is 50 km while via the design bridge it will be only 15km. Therefore the bridge is crucial for the IDPs’ settlement and the seven villages listed above. It is also important for the economic development of the area, namely transportation of agricultural products to Khashuri market, transportation of equipment, construction materials and other necessary goods , removal of solid waste from the villages, etc.
Originally the Designer proposed bridge way width of 4.5m to reduce the costs. In this case the design cost of the bridge was GEL 2.2 million (including VAT). The design also envisaged further widening of the bridge way following the increased economic activities which would facilitate the settlement in the area and reduce emigration.
We agree that it is more expedient in technical-economical terms to build 6.5m wide bridge way with 1m wide sidewalks for pedestrians. The Designer has already submitted the revised design with GEL 2.440 million (including VAT).
At the designing stage several alternatives (upstream and downstream the river) of the bridge location were reviewed. The comparison of these alternatives showed that the final design had the following advantages:
In this section the widths of the present and old (Narikala) river channels are less than elsewhere;
The right bank of the river is protected with concrete structures;
In the design bridge section there are access roads on both banks of the river. The area is in state ownership. Therefore there is no need to buy it from the private sector.
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Fig. Planned Site for the Bridge Across the r. Mtkvari
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Fig. Location of the Bridge between Gori and Kareli
II. POLICY, LEGAL, AND ADMINISTRATIVE FRAMEWORK
A. Environmental Policy and Legislation of Georgia
In the annex 1 detailed description of Georgian environmental legislation and environmental and social requirements of the WB, which should be regarded during the project implementation, is provided. It describes existing in Georgia environmental regulations relevant to the project, provides guidance on the measures required for ensuring consistency with environmental assessment and makes reference to institutions at the local and national levels responsible for issuing permits, licenses, and enforcing compliance of environmental standards. Here below, we present brief description of environmental permitting process in Georgia (B), archaeological clearance procedures and environmental standards and norms having regard to the project. In section C Environmental Assessment requirements according to the WB’s environmental and social safeguards are described. Screening determination regarding the present project is provided in section D.
B. Environmental Permitting
At present, the environmental permitting procedure in Georgia is set out in three laws:
The project proponent, in implementing projects, will comply with (i) The Law on Licenses and Permits (2005); (ii) The Law on Environmental Impact Permits (EIP), and (iii) The Law on Ecological Examination (EE) 2008.
The Law on Licenses and Permits was adopted by Parliament of Georgia, on June 24, 2005. The new Law regulates legally organized activities posing certain threats to human life and health, and addresses specific state or public interests, including usage of state resources. It also regulates activities requiring licenses or permits, determines types of licenses and permits, and defines the procedures for issuing, revising and canceling of licenses and permits (Article 1, Paragraph 1).
The Laws on Environmental Impact Permit and on Ecological Examination have been published on 14.12.2007 and entered in force on 01.01.2008. These new laws integrate all the amendments introduced in legislation of Georgia during recent years. The Law of Georgia on Environmental Impact Permit determines the complete list of the activities and projects subject to the ecological examination (clause 4 p.1) and the legal basis for public participation in the process of environmental assessment, ecological examination and decision making on issuance of an environmental impact permit.
Under the “activities” subject to the ecological examination the law considers construction of new or upgrading of existing facilities imposing change of technology and operational conditions for the projects and activities included into the list. The routine maintenance works in relation with the same facilities do not require ecological examination and permit.
In case if the activity included into the list given in clause 4 p.1 at the same time requires Construction Permit, the administrative body responsible for issuance of the Construction Permit ensures involvement of MoE, as a separate administrative body, in the administrative procedures initiated for the purpose of issuing Construction Permit, as it is envisaged by the Law on Licenses and Permits. In such cases the MoE is issuing the Conclusion on the Ecological Examination of the project based on the documentation provided to MoE by the administrative body issuing the Permit. The Conclusion on the Ecological Examination is adopted by the administrative (executive) legal act of the MoE and compliance with the conditions of the Conclusion is obligatory for the project proponent. The conditions of the Conclusion on Ecological Examination is a part of conditions of the Construction Permit.
In case if the activity included into the list given in clause 4 p.1 does not require Construction Permit, based on the Conclusion on the Ecological Examination the MoE will issue the Environmental Impact Permit, supported by the administrative (executive) legal act issued by the minister. The ecological examination is carried out in accordance with the law of Georgia on Ecological Examination and the conditions set forth by the Conclusion present the Conditions of the Permit.
The aforementioned laws do not provide details of screening procedure and do not define responsibilities of parties. According to the practice, the screening of project proposals and the preliminary assessment of their environmental impact and proposed mitigation measures (scoping) are being carried out by the project proponent in consultation with the MoE.
Public Consultation Procedures
The 6th clause of the law of Georgia on the Environmental Impact Permit provides detailed requirements and procedures for conducting public consultations and established timeframes for information disclosure and discussion, namely: According to article 6 , developer is obliged to carry out public discussion of the EIA before its submission to an administrative body responsible for issuing a permit (in case of activity requiring construction permit before initiating stage 2 procedure for construction permit issuance). The detailed description of Public Disclosure requirements is provided in the section E
Official Submission of EIA to MoE
Article 8 of the Law specifies the documents to submit to receive a permit:
1) An operator, in order to receive a permit, shall submit a written statement to the Ministry. A statement to receive a permit is submitted, considered and processed under the rule established by the ‘Law of Georgia on Licenses and Permits’.
2) An operator is obliged, in addition to the information specified by the ‘Law of Georgia on Licenses and Permits’, to submit the following documents:
a) An EIA report drawn up under the standards specified by the legislation of Georgia (in 5 hard copies and 1 soft copy)
b) A situation plan of the planned activity (with the indication of distances)
c) Volume and types of the expected emissions (a technical report of inventory of the stationery sources of pollution and emitted/discharged harmful substances and project of maximum permissible concentrations of emitted/discharged harmful substances (in 4 copies))
d) A brief description of the activity (as a non-technical summary)
e) A statement about the confidential part of the submitted statement.
3) An operator is obliged to submit a full diagram of the technological cycle to the permit issuing body even if the given activity contains a commercial and/or state secret. This part of the statement, according to sub-clause ‘e’ of clause 2 of the given Article should be submitted separately by the operator.
Issuance of the Permit on Environmental Impact
The article 9 of the law describes the procedures of issuing the Environmental Impact Permit. The same issue is addressed in the laws of Georgia on “Licenses and Permits” (2005) and “on Ecological Examination’ (2008).
According to the law on “Licenses and Permits,” the MoE takes decision on issuing Permit within the 20 days after submission of request on permit by the project proponent.
MoE, in accordance with the law on Ecological Examination, ensures expertise of the submitted documentation and issuance of Conclusion on Ecological Examination. The Permit (Environmental Permit or Construction Permit when the latest is required) is issued only in case of the positive conclusion of the Ecological Examination.
The ‘Law of Georgia on Cultural Heritage’ was approved in May of 2007. Article 14 of the Law specifies the requirements for ‘large-scale’ construction works. According to this Article, a decision on career treatment and ore extraction on the whole territory of Georgia, as well as on construction of an object of a special importance as it may be defined under the legislation of Georgia, is made by a body designated by the legislation of Georgia based on the positive decision of the Ministry of Culture, Monument Protection and Sport of Georgia. The basis for the conclusion is the archeological research of the proper territory to be carried out by the entity wishing to accomplish the ground works. The entity wishing to do the ground works is obliged submit the Ministry the documentation about the archeological research of the territory in question. The preliminary research should include field-research and laboratory works. In case of identifying an archeological object on the territory to study, the conclusion of the archeological research should contain the following information: (a) a thorough field study of the archeological layers and objects identified on the study territory by using modern methodologies, (b) recommendations about the problem of conservation of the identified objects and planning of the building activity on the design territory, on the basis of the archeological research.
C. WB Environmental Assessment Requirements
The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA. Screening principles and procedures, as well as other conceptual and procedural details of EIA process, are described in BP/OP/GP 4.01 Environmental Assessment. The Bank classifies the proposed project into one of three categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. The Bank establishes following three categories:
Category A is assigned to a proposed project if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. Full scale EIA and relatively longer period for public discussions (e.g. 120 days for projects implemented by WB in USA) is required in this case. EA for a Category A project examines the project’s potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the “without project” situation), and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. For a Category A project, the Borrower is responsible for preparing a EIA report.
Category B is assigned to a proposed project if its potential adverse environmental impacts on human environment are less adverse than those of Category A projects (e.g. insignificant impact on sensitive area or medium grade impact on less sensitive area). Like Category A EA, category B EA examines the project’s potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts. The findings and results of Category B EA are described in the project documentation (Project Appraisal Document and Project Information Document). The EA for B category projects could be provided in a form of Environmental Management Plans (EMP) or Environmental Review (ER), which includes EMP.
Category C is assigned to a proposed project if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.
As additional criteria in support for screening procedures the GP-4.01 Annex B provides – “Types of Projects and Their Typical Classifications” with following comment: “Bank and international experience shows that projects in certain sectors or of certain types are normally best classified as illustrated below. These examples are only illustrative; it is the extent of the impacts, not the sector, that determines the extent of the environmental assessment and, hence, the category”.
D. Screening Determination
According to Georgian legislation the activities related to construction or reconstruction of the road infrastructure related to roads of international and national importance require Environmental Impact Permit and preparation of the relevant EIA, while the infrastructure for the local roads do not require such permit. The road connecting v.Akhalsopeli with the highway is local road and construction of the bridge, which is part of this local road infrastructure, does not require obtaining Environmental Impact Permit.
In accordance with the WB regulations (OP.4.01) the project of Construction of the Road Bridge Over Mtkvari river near Akhalsopeli Village is attributed to the B category. Preparation of the Environmental Assessment including the EMP is required for implementation of the project. The project does not impose any private land acquisition and involuntary resettlement and does not trigger OP 4.12.
In order to comply with both – the Georgian and the WB regulations – it is required to prepare EA, including EMP, and conduct public disclosure of the mentioned documents in compliance with the Georgian legislation and WB regulations.
E. Public Consultation
1 Legislation and regulations of Georgia
2 In April 2000 Georgia ratified Aarhus convention. This UNECE convention facilitates and regulates information availability, public society involvement in the decision making and law availability issues for the field of environmental protection. It implements the principle of the need of involvement of all interested parties in order to reach steady development. The convention provides the field of environmental protection to be turned within the area of governmental accountability, transparency and responsibility. Social involvement provides for the better projects creation, better development and co-governance.
3
The Georgian legislation requires public consultation only for the projects, which require Environmental Impact Assessment. These requirements are set forth in the law on Environmental Impact Permit (2008).
The 6th clause of the law of Georgia on the Environmental Impact Permit provides detailed requirements and procedures for conducting public consultations and established timeframes for information disclosure and discussion, namely:
According to article 6 , developer is obliged to carry out public discussion of the EIA before its submission to an administrative body responsible for issuing a permit (in case of activity requiring construction permit before initiating stage 2 procedure for construction permit issuance).
The project executor will publish the information on the planned activity before the conducting of public review. The information will be published in central mass media, as well as in the newspapers in administrative territorial office (if any) of the region, where the activity is planned.
The announcement must contain the following information:
a) goal, title and place of the planned activity;
b) location of the agency where the interested subjects will be able to familiarize
themselves with the documents associated with the activity (including reports on environmental impact);
c) the deadline for submittal of considerations;
d) place and time for public review.
The executor will:
a) provide EIA hard copy and electronic version to the administrative agency, that issues permission in a week after publication;
b) accept and consider written notes and considerations provided by citizens in 45 days after the date of evaluation publication;
c) conduct public review of the planned activity no later than in 60 days after the publication of the announcement;
d) invite corresponding local self – administration and governmental agencies representatives; the Ministry of the Environmental Protection and the Ministry of Economical Development and other involved administrative agencies to the public review;
Reviews will be conducted in a public way and any citizen will be able to attend it.
Public review will be conducted at the region administrative center, where the activity is planned.
According to the article 7 of the law, during 5 days after conducting the public disclosure meeting, the minutes of the meeting should be prepared to reflect all the questions and comments raised and explanations, provided by the project proponents in response. Appropriate corrections should be incorporated into the main text of the EIA, if required. If the comments and proposals of stakeholders are not accepted the letter of explanation should be sent to the authors. The minutes of the meeting, as well as response letters, explanations and corrections should be submitted to the MoE or the administrative body responsible for issuing the Permit as supplementary materials to the EIA. The mentioned documents should be considered as an essential part of the EIA.
WB Requirements
Consistent with WB principles of host-country ownership of the projects implemented under its loans, WB will ensure meaningful public consultation in the development of WB loan-related EIAs and make public the results of EIAs. Public disclosure and consultation procedures are defined in WB BP 17.50 – “Disclosure of Operational Information” and described in details in WB Environmental Sourcebook Vol. I chapter 7 and Updates #5 - “Public Involvement in the Environmental Assessment: Requirements, Opportunities and Issues”. The Bank requests consultations for A and B Category projects. For the category A projects WB requires two consultation meetings (one at scoping, and one on draft EA) and disclosure of draft and final documents in country and through WB website.
Planned Consultations
The draft EIA and EMP will be disclosed on MDF Website and 1 public consultation meeting will be conducted in v. Akhalsopeli. The announcement regarding details of the meeting (subject, date, site, contact persons etc.) will be published in mass-media and in addition population will be informed with the help of local government resources (notice placed in a municipality hall, oral communication etc.).
III. DESCRIPTION OF THE PROJECT
A. Design Concept
Design of new road bridge over Mtkvari river near Akhalsopeli village was developed in compliance with the agreement #GOG/C/DC/182-2009 signed between Municipal Development Fund and Transport Ltd.
Mtkvari is the largest river in the East Georgia by volume. It takes the source in the north-west slope of Childiri lake adjacent range, crosses Georgia and Azerbaijan from the west to the east and flows into the Caspian Sea.
Area of the river drainage basin is 47,700km2 and the length – 1,364km. Streams generated by rains and snow feed the river. Flood period begins at the end of March and lasts until the middle, and in rare cases until the end of June. The flood reaches its peak in May. The river rate during fall flooding sometimes equals the spring floods. Winter and July-October is low water period with rare exceptions, when heavy rains raise the river level by 1.0-1.7m.
Design bridge overpass is located in Shida Kartli within Kareli Municipality. In this area Mtkvari flows down the vast, extended valley washing the area of 250-300m in width. Here the river meanders, frequently changes the direction and washes both embankments of lower elevation.
The bridge is designed in lower area of Akhalsopeli village founded on the left bank of the river. The right bank along the village perimeter is entirely protected from scouring by the concrete dikes and sand-gravel dam dressed with slabs. Plough lands lie on the left unprotected bank of the river. Last period the river has changed its direction along the village area causing intensive scouring of the left bank. At the end of the village 400m upstream the bridge the river sharply turns left and returns to the old bed in 150m from the bridge. The local settlement has built primitive suspended footbridge in150-160m from the design bridge that is damaged and abandoned due to the change of the river direction.
Area of the river drainage basin at the design bridge overpass is 14,000km2 and the estimated rate totals as follows:
– for 2% provision Q1=1620m3/sec, average flow velocity equals V1=2.2m/sec and the estimated horizon - H1=662.00m;
– for 10% provision Q10 =861.0 m3/sec, V10 =2.143m/sec, H10 =661.50m.
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Fig. Plan of the Bridge, adjacent road and riprap
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Fig. Longitudal and Transversal Cross-sections of the Bridge
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Geotechnical investigation works detected that the river bed and the both banks within the bridge overpass area are represented by 3.5-4.5m thick cobblestones layer with boulder inputs that is covered by thick hard clays with rare inputs of slightly weathered thin-layer sandstones.
Coefficients of the bottom general (1.2m) and local (2.3m) scouring were determined by analyzing geotechnical conditions and hydrological calculations results.
The design bridge overpass consists of the bridge, V category access embankments and regulating structures.
The design bridge is a multi-span 8×18.0m size structure with the length of 151.65m and overall dimensions of Г-4.5+2x1.0m. It is calculated for A11 and HK80 live loads imposed on a single lane.
The bridge comprises 2 abutments and 7 piers. The superstructure is built with unstressed r/c typical T-shape beams (3pcs in cross section) designed for 18.0m long road bridges. The beams are fabricated in compliance with the 5th edition of 3.503-14 typical design (inv. #710/5) and grouted with B20 class concrete.
The abutments #1 and #9 are similar in respect of structural design. They represent cast r/c structures consisting of the crossbar grouted in 1.7m diameter reinforced piles of 24.0m in length, backwalls and wings. B25 class concrete is applied to the abutment elements. A-III and A-I class bars of different diameters are used for the structure reinforcement.
For the traffic smooth entry to the bridge typical design r/c passage slabs of 400×128×35cm in size are arranged back of the abutments (5pcs in cross section) that rest against the backwall by one side and 730×58×50cm size r/c sill plate by the other side. The slabs and the sill are made of B25 class concrete and reinforced with A-III and A-I bars.
All the piers are similar in respect of structural design. They consist of cast r/c 24.0m long and 1.7m diameter piles and grouted transverse trapezoid crossbar, which is 8.0m in length and 1.8m in width; height of the piles grouted section is 1.0m. The piers are produced with B25 class concrete and A-III and A-I class reinforcement bars of different diameters are applied.
Reinforced concrete seismic braces are installed on the pier crossbar (like installed on the abutment crossbars) across the superstructure
The bridge superstructure is composed of 18.0m long T-shaped r/c girders (three in the cross section) of typical design (typ. Item 3.503-14; inv. #710/5). They are reinforced with framework and are calculated for A11 and HK80 live load. The girders are grouted to each other. Concrete of B25 class and A-III and A-I class reinforcement bars of different diameters are used in the girders and the joints structure.
The carriageway of 4.5m in width is formed by 4cm thick concrete leveling, 1cm thick waterproof, 4-8cm r/c protecting and 7cm asphalt-concrete layers.
The sidewalk slabs of 299×182×58cm size produced as per typical design (inv. #1318/5) are employed in the bridge structure. B25 class concrete and A-III and A-I class reinforcement bars of different diameters are used here.
Design of the bridge steel guardrails is specific. They consist of butt weld profiled pipes. The sections are welded to the embedded details sidewalk slabs.
The bridge structure involves covered movement joints of typical design (3.501.1-101 series, #25047).
The girders rest against reinforced rubber support parts.
The embankment access of the left abutment is protected with the set of dmin=1.0m size crushed stones and the right embankment access is strengthened with concrete slabs.
The design implies arrangement of access road of 2.0km in length and 8.0m in width with local gravel obtained on the construction site.
The design also includes arrangement of control gravel dam with protecting riprap upstream the bridge overpass. Minimum crushed stone size of the riprap is dmin=1.0m.
B. Planned Construction Works
The bridge construction is conditionally divided into 7 phases.
I phase – preparatory works, leveling the left bank, drilling holes for the abutment erection and concreting.
II phase – mounting rubber bearing parts and superstructure girders on the left bank. The girders shall be mounted using a crane of 50t lifting capacity.
III phase – cutting new riverbed and the river training.
IV phase – filling old riverbed with gravel partially, drilling holes for piers erection and concreting.
V phase – arranging rubber bearing parts and superstructure girders on the right bank. Arrangingthe bridge carriageway.
VI phase – arranging bridge access roads and control structures.
VII phase – carrying out liquidation works and disposing construction waste.
Construction of the bridge overpass is recommended during low-water period. Relevant safety measures must be taken during the construction works.
The bridge abutments and piers are calculated and designed for future intent, which implies widening of the carriageway up to 6.5m for two traffic lanes. The crossbars are taken 8.0m in length. In future the bridge can be widened on the base of the existing superstructure by adding single girders across. For this purpose existing sidewalk slabs and the utmost grout joints shall be dismantled and re-arranged. Besides, pavement (leveling, protecting, waterproof and asphalt layers) of the extended carriageway area shall be needed.
Device may span, alternative form of hollow slabs of length 18.0 m, or steel-reinforced concrete structure.
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Fig. Mounting Rubber Bearing Parts
IV. DESCRIPTION OF THE ENVIRONMENTAL SETTINGS
A. Physical Resources
A 1. Climate
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Relative Humidity
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Wind Speed
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Noise Baseline
Village Urbnisi – in average 77,6 decibel (day time, in the vicinity of the Highway).
A 2. Geology, Geohazard Analysis, Hydrogeology,
Tectonically the area of interest is situated in Georgia’s Shida Kartli submergence zone, Tiriponi-Mukhrani block and partially in the north-eastern peripheral parts of the central subzone of Adjaria-Trialeti creasy zone.
The area is mainly built of Upper Palaeogene , Mio-Pliocene sediments and overburden/ Quaternary Sediments (see the geological map). The oldest sediments are exposed in the southern and south-eastern peripheries of the village of Urbnisi, which is located at the left bank of the r. Matvari exactly near the bridge site. They belong to the Upper Paleogene and are represented by Khadumi row (P ch). The row consists of sandstone, clay and marl. Their capacity goes up to 80-100m.
The sediments are followed by package represented by Sakaraulo ( N1 sk ) age 50-
80-m capacity stratum made of sandstone, gravelite and non-carbonate clay. The package is followed by a barberries age (N1kc) package made of non-carbonate clays containing jarosite and greywacke sandstones. The capacity of the package is 100-130 m.
After the sediments comes a package built of N1 c conglomerate deposits, sandstones,
marls and sand clay. The capacity of the package varies from 50 to 100 m. The next layer is represented by pea shrub (N1 kr) package built of limestone, marl, sandstone and conglomerate deposits. The capacity of the package is 55-70 m.
They are covered by a N1 kn package with the capacity varying between 50 and 60 meters. The package is mainly maid of sandstone, clay, marl and limestone-marl layers. Rocks of Sarmatic layer are more expanded. They are divided into the packages of lower, middle and upper Sarmatic age.
From the viewpoint of Geomorphology the section of the rehabilitation highway is situated in Tiriponi-Saltvisi section of the Liakhvi basin (Shua Kartli Valley). From the
South-East the Kvernaki Range and from the north-west the south-western end of Ruisi (Malkhazis Tsveri) Plateau border upon the initial section.
On Tiriponi-Saltvili Plain characterized by a minor southern inclination between the villages of Sveneti and Otarasheni is traversed by four rivers: Tortla, Mejuda, Pshana and Didi Liakhvi. The direction of the rivers is almost meridian from the north to the south.
There is accumulative lowland developed within the Tortla-Laikhvi section. The relief of the lowland is characterized by terraces with minor inclination to the south and is mainly built of prolluvial-alluvial sediments. The northern slope of the Kvernaki Range is mainly represented by hilly, less divided denudation and erosive surfaces. As for the immediate south of the rehabilitation highway there are prolluvial-alluvial trains. Westwards from the place, on the right slope of the River Didi Liakhvi there are 5 sculptural steps characterized by different capacity and extent. The first and lowest terrace with the capacity of 1.5-3 mm starts from the river-bed. As for the uppermost terrace it has a thickness of 50-60 mm and is situated 100-130 mm up from the river level.
The sublatitudinal Makhazi Range lies in the west.The highest mark of the range is 875mm. To the south from the range there is a chain of hills the height of which slightly differs (see marks 855, 6 m, 840, 3 m, 844,0 m). In general the relief is mild divided by minor ravines. Consequently the height marks vary from 620 to 875 meters. The highest mark is in line with the Malkhazi Range while the lower one corresponds with the river-bed height of the River Didi Liakhvi.
The project area is built of Shua Sarmati coastal sea sediments, Dusheti row Mio-Pleocene
Geotechnical investigation works conducted at the bridge construction site detected that the river bed and the both banks within the bridge overpass area are represented by 3.5-4.5m thick cobblestones layer with boulder inputs that is covered by thick hard clays with rare inputs of slightly weathered thin-layer sandstones.
Coefficients of the bottom general (1.2m) and local (2.3m) scouring were determined by analyzing geotechnical conditions and hydrological calculations results.
Seismic Risks
The territory of Georgia is a part the seismically active region of Caucasus and belongs to the Mediterranean seismic belt. Its seismotectonic movement and activity is closely related to the movement of the neighboring Eurasian and Africa-Arabian flags. The geological structure of the Georgian territories is irregular. That is why the seismic activity of the region is one of a mosaic type causing different levels of the earthquake and seismic risks (see the enclosed seismic map).
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The seismic division given on the map is based upon the characteristics of the geological structures, determining the seismic parameters and impacts upon the earth surface caused by earthquakes. The direction of the Tbilisi-Ruisi section of the highway is marked with blue. The bridge is located close to the Ruisi site. Maximum magnitude of the tectonic zones is calculated with 2% probability (50-year waiting) according to the Richter scale.
According to the map the Sveneti-Ruisi section of the highway is situated on the area
with the probability of earthquake (magnitude – 8).
Hydrogeological conditions
The are of interest belongs to the Kartli artesian phase of the intermountain artesian region. The groundwater hydrology of the area is determined by the geological structural, geomorphologic and other characteristics. There are underground waters of deep and rather shallow circulation within the Kartli artesian phase including the area of interest. Waters of deep circulation are connected with the Quaternary and Mio-Pliocene sediments spread through the upper part of the profile. As for the waters of rather shallow circulation, they are connected with the main
rocks of the quaternary age.
The underground water is mainly fed by atmospheric precipitates and in particular areas
due to the filtration of the irrigation water.
Aquifers within the area of interest are divided according to the geological
formation:
• horizon containing contemporary alluvial sediments;
• delluvial and prolluvial hydrogenous horizon of quaternary and contemporary age;
• hydrogenous horizon of Mio-Pliocene age.
Brief characteristics of each drainage horizon are given below.
Hydrogenous horizon containing contemporary alluvial sediments (aG 1v) in the area of
interest is characterized by wide expansion and is connected with the expansion of sediments in the groves an territories situated up the groves of the rivers of Liakhvi, Tortla and Mejuda. The ground waters are mainly fed by the atmospheric precipitates and irrigation water. In the gorges of the above-mentioned rivers alluvial sediments are richly saturated with river waters. Ground waters in the contemporary alluvial sediments are of the hydrocarbonate- sulphate-calcium-natrium type. The water resources are rich enough and can be regarded as quite acceptable for drinking and agricultural use with respect to their physical and chemical qualities.
Contemporary and upper Quaternary delluvial and prolluvial sediments (pd G III-IV) are
irregularly spread through the area of interest and are represented by fragmental and clay formations frequently invaded by water that finds its outlet at the slope bottoms and ravines. Water percentage in the sediments is not significant. The temperatures of the hydrogenous horizons vary between 9-130 C. The temperature depends upon the circulation depth and the air temperature. The chemistry of the waters is one of hydrocarbonate-calcium-magnesium-natrium type. Sometimes it is of sulphate type too. The water is often used as drinking water
Mio-Pliocene and continental sediments (N 1+2) and their hydrogenous horizons are
spread through a wide territory belonging to the area of interest. With regard to sedimentology the sediments are represented by clay, conglomerate and sandstone. As
for gravelites they are rarely met. From the viewpoint of groundwater hydrology this is a
compact formation with high-capacity ground water horizons and is mainly connected
with the sandstone and conglomerate areas outspread between clays. The chemistry of
the waters is one of hydrocarbonate-calcium-magnesium-natrium type. Bench tests carried out upon the after samples taken from the construction corridor of the motor road made it obvious that practically the waters display no aggression to concrete.
Hydrology
The bridge is designed in lower area of Akhalsopeli village founded on the left bank of the river. The right bank along the village perimeter is entirely protected from scouring by the concrete dikes and sand-gravel dam dressed with slabs. Plough lands lie on the left unprotected bank of the river. Last period the river has changed its direction along the village area causing intensive scouring of the left bank. At the end of the village 400m upstream the bridge the river sharply turns left and returns to the old bed in 150m from the bridge. The local settlement has built primitive suspended footbridge in150-160m from the design bridge that is damaged and abandoned due to the change of the river direction.
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Area of the river drainage basin at the design bridge overpass is 14,000km2 and the estimated rate totals as follows:
• for 2% provision Q1=1620m3/sec, average flow velocity equals V1=2.2m/sec and the estimated horizon - H1=662.00m;
• for 10% provision Q10 =861.0 m3/sec, V10 =2.143m/sec, H10 =661.50m.
B. Ecological Resources
B1. Landscape (relief, soil and general vegetation)
Landscape and land tenure conditions
The design territory belongs to Kartli Plain. In the Ruisi-Urbnisi area there are perennial orchards with apple, pear, peach, mulberry, plum and other stone-fruit trees. The rest of the acreage in broader area, particularly both sides of the Liakhvi Gorge, Malkhazi Range and its western slope and acreages on both sides of the rivers of Pshana, Mejuda and Tortla are mainly used for arable lands for annual crops (wheat, corn, cabbage, potato, etc.) or as pastures.
[pic]
[pic]
Fig. Landscapes
B2. Flora
The territory belonging to the corridor of interest of the Sveneti-Urbnisi section belongs
to the Shida Kartli geobotanical region and includes plains of Shida Kartli with the hills rising on them.
Today the territories that were covered with forests in the remote past are represented by secondary growth – hemixerophilic and xerophilic shrubs and grass cenosis. Yet in the area of interest, on the upper slope of the River Liakhvi right bank, about 200-250 meters west from the river-bed and north from the existing highway until the outskirts of the village of Tedotsminda there is a 80-100 m wide forest belt mainly represented by low capacity shoots of oak-wood (guercus iberica). As for the mixes species there are represented ash-tree (fraxinus caucasica), field maple (acer campestra), hornbeam (carpinus caucasica), lime-tree (tilla caucasica), etc. The subforest in oaken afforestation is mostly represented by hornbeam along with cornel (cornus mas), nut (corulus avellana), juniper (iuniperus ufescena), sweetbrier (roza canina, etc. The greater part of the territory is used as agricultural lands. As for the shrubs dominate thorns ( palturus spina christi), spiraeas (Spiraea hypericifolia), Crhrist’s thorn ( paliurus spina Christi), hawthorn ( Grataegus kurtostyla), etc. The forests situated in the river groves do not represent a continuing belt as they did in the past. There are preserved separate fragmental groups of a small size. Among the grove forest formations there are spread aspen wood species ( populus canescena ), black poplar (populus nigra ); small quantities of willow ( salix excelsa ), elm ( Ulmus foliacea ) etc.; shrubs like tamarisk ( Tamarix ramosissima ), blackberry ( Rubus sanguineus ), etc.
In the vicinity of the bridge site the landscape is anthropogenized and mainly orchards and pastures are represented. The bridge construction site is limited and not sensitive from ecological standpoint.
B3. Fauna
From the village of Otarasheni to the vicinity of Urbnisi the unsettled territories partially are represented by agricultural lands. Part of the territory is covered by steppes. The area is nor rich in fauna species.
It is important to describe the ichthyofauna species of the river Mtkvari for construction of the
bridge could have negative impacts upon the ichthyofauna.
It shall be taken into consideration that greater part of the territories joining the corridor are used
as agricultural lands and only smaller part of them is represented by inappropriate
steppes.
It shall also be considered that the main part of the territory (except river groves) is too poor of natural plants (except wind belts) and is mainly represented by sparse shrubs. The tables given below determine the species spread along the corridor of interest.
Mammals
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Avifauna
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Herpetological fauna
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[pic]
Ichthyofauna of the r. Mtkvari in the area of concern
[pic]
C. Historical and archaeological monuments
|Settlement remnants |3 kilometers west of the |3rd millennium |3 cultural layers are visible |
|in Urbnisi Kvatskhelebi, Telepia Hut |village south of the |BC, Ancient Epoch and early|(7 building levels) |
|(Architectural |highway |feudal | |
|monument) | |epoch | |
|Settlement remnants |Southern part of |4th millennium BC |consists of 4 cultural layers |
|in Urbnisi |the village, south of the | |(13 building levels can be singled out) |
|Khizanaantgora. |highway | | |
|(Archaeological | | | |
|monument) | | | |
|Remnants of an |Central part of |Late Bronze era, BC |Cultural layers and remains of |
|ancient town in |the village south | |monuments (sepulchers, |
|Urbnisi |of the highway | |wine-cellar, bath -house, fragments of a |
|(Archaeological | | |fortress walls, |
|monumnet) | | |supply and irrigation canal |
|Sioni Church of |Central part of |5th -6th centuries |Three-nave basilica (32.1 |
|Ubnisi (Architectural |the village south | |X22.4m), built of well cut and fitted |
|monument) |of the highway | |sandstone broad stones |
|[pic] |[pic][pic] |
V. ANTICIPATED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
A. Potential Environmental Impacts
In line with the Bank’s guidelines (OP 4.01), the project has been assessed to be environmental Category B.
The project will have long term positive social impacts in terms of improving transport and communication opportunities for several villages and settlement of IDP; There are expected to be 20 – 30 potential jobs associated with the rehabilitation exercise. No land acquisition and resettlement issues are triggered by the project and accordingly OP4.12 is not applicable.
The main environmental issues associated with this project relate to the potential impacts during construction.
A.1. Potential Impacts - Construction Phase
• Impact on ichtyofauna. Construction activities within the riverbed may cause negative impact on ichtyofauna.
• Generation of construction waste. Rehabilitation works are not associated with extensive waste generation. However, certain amount of construction waste (removed asphalt, spoil, inert materials, bitumen etc.) will be produced and needs to be properly managed.
• Dust and Emissions. Dust and emissions may be a concern linked to material supply, material transport and at the construction site, both for workers and people working or living in the v. Urbnisi at the territories adjacent to the project site on the left bank of river Mtkvari.
• Noise and Vibration. Disturbance to residents and workers as a result of construction noise and vibrations. Vibrations related to transportation of construction materials may cause damage of historical monuments.
• Traffic Disruption. There will be an additional traffic load on adjacent streets of the v. Urbnisi, and reduced traffic access on the projected streets during construction. Traffic may also be impacted by material transport activities.
• Water and Soil Pollution. In general, construction activities are associated with certain risks of soil and surface water pollution with leaking fuel, lubricants, bitumen, cement solutions and solvents, as well as increased sediment load in case of erosion of embankments and wash out of new cuts and material storage sites.
• Safety and Access. The construction activities create certain disturbance for local residents in terms of access, and impose safety risks (falling, slippage) in case of open trenches and pits, fuel spots and irregular piling up of materials at the construction sites
• HSE issues. Risks specific to each construction site and activities should be considered : damage of head and eyes, falling on the ground and into the trenches and pits, damage of eyes and electric shock during the welding , traffic safety.
• Cultural Heritage. No impacts on known historical monuments and archaeological sites listed on p.31 are envisaged.
A.2. Potential Impacts - Operation Phase
• Dust and Emissions. Dust and emissions may be a concern linked to the increased traffic in the v. Urbnisi. However, emissions and are not expected to be a major issue.
• Noise and Vibration. Disturbance to residents increased traffic in the v. Urbnisi. Disturbance is not estimated to be significant.
• Water Pollution. Water pollution related to runoff from the bridge surface
B. Mitigation
This set of mitigation measures has been developed to ensure that negative environmental impacts associated with this project are minimized. The mitigation measures are structured in a form of a Environmental Management Plan, as provided in Annex 1.
B.1. Mitigation of Construction Related Impacts
• The construction works within the river bed are planned in a way to minimize impact on ichtyofauna. Temporary restriction of water flow at certain sections (during preparation of ground and construction of pillars) will be done smoothly in order to enable the fishes to follow the main channel of the river. No artificial waterfalls and barriers will be created that may interrupt migration of fishes.
• Dust and Emissions. Licensed material supply sites will be used. Materials transported to site will be covered/ wetted down to reduce dust. The construction site, and if required - access roads, - will be watered as appropriate and protective equipment will be provided to workers as necessary. No-load operations of the vehicles and heavy machinery is not allowed.
• Noise and Vibration. Proper technical control and maintenance practices will be applied. Activities will be limited to daylight working hours to reduce impacts. No-load operations of the vehicles and heavy machinery is not allowed. Proper mufflers will be used on machinery. The routes for transportation of construction materials will be selected to avoid traffic near the historic monuments and permanent and accurate monitoring will be applied to ensure that only the selected routes are used.
• Traffic Management. A traffic management plan will be developed together with the local traffic police. Materials will be transported to site in off peak hours.
• Water/ Soil Pollution. Contractors will be required to organize and cover material storage areas and to isolate wash down areas from watercourses by selecting areas that are not free draining into any watercourse. Contractors will ensure that lubricants, fuel and
solvents are stored and used for servicing machinery exclusively in the designated sites with adequate lining of the ground and confinement of possible operation and emergency spills. The simplest spill containment facilities are prepared by welding metal pallets or trays, or constructing concrete secondary reservoirs. Spill containment materials (sorbents, sand, sawing, chips etc.) should be available on construction sites. The material storage sites and embankments should be protected from washing out during heavy rainfalls and flooding through proper siting (keep as far as possible distance from watercourses; elevated ground etc.) and covering by impermeable materials. The fuel storage sites will not be organized at a distance less than 50m from r. Mtkvari. Washing of vehicles in the river will be strictly prohibited.
• Waste. All waste from the construction site will be temporarily stored and finally disposed at sites approved by the environmental services of the Kareli municipality and/or regional services of the MoE.
• Only licensed quarries and material suppliers will be used for supply of construction materials
• Safety and Access. Alternate access will be provided for vehicles and pedestrians. Appropriate lighting and signs will be employed.
• Personal Protection Equipment (PPE). Personnel should be equipped and use PPE (helmets, safety glasses and boots, welding masks, gloves etc.) in accordance with the HSE requirements. It is obligatory to control HSE compliance, to conduct periodical trainings for the personnel and keep records in HSE register book
• Construction workers will be accommodated in hired premises in the village Urbnisi. No special camp will be constructed and no water supply and complex sewage systems will be installed. Simple latrines with sanitary pits will be installed at the construction site at a distance more than 50m from the river bank.
B.1. Mitigation of Operation Stage Impacts
• In order to avoid contamination of the river water by stormwater runoff from the bridge surface, the bridge will have installed drainage system to drain down storm-water and to discharge it into sediment catchments
• Proper road maintenance practice will be implemented to minimize dust and noise related disturbance and improve traffic safety
• Safety. Traffic safety will be improved by installing traffic safety signs.
C. Monitoring
The monitoring plan for the project is summarized in Annex 2. Monitoring measures include site supervision, verification of permits, monitoring of noise, dust and air emissions.
The capacity of MDF to monitor environmental compliance is assessed as adequate. The MDF’s environmental supervisors are responsible for monitoring environmental compliance of the Construction Contractor. The field audits will be conducted first time – the fist week after commencing construction and further – once per month. The monitoring checklist is attached as annex.
D. Implementation Arrangements
Overall responsibility for the coordination and implementation of the EMP will be with the MDF. As such they will be responsible for liaising with local environmental authorities, municipalities, the local community and the contractors engaged for construction on environmental issues associated with the implementation of this EMP and the Environmental Guidelines for Contractors.
The MDF will be responsible for ensuring that the following requirements are met: (i) Georgian environmental regulations; (ii) licensed suppliers and quarries are used (iii) waste is disposed to a disposal site approved by competent authority; (iv) any other requirements identified by the Ministry of Environment and agreed with the MDF; and (v) the Environmental Management and Monitoring Plans are implemented.
E. Costing of EMP Implementation Expenses
Costs of implementing the proposed individual mitigation measures are small and difficult to single out from the costs of construction operations. Nonetheless, it is recommended that Bill of Quantities presented in the tender documentation carries a line item for the disposal of waste and excess materials. Other costs of adherence to good environmental practice and compliance with this EMP are expected to be integrated into the pricing of various construction activities.
F. Remedies for EMP Violation
"EMP infringements the Contractor will be given a Notice by the Project Manager to initiate action to remedy the problem within 48 hours. If remediation and restoration has been satisfactorily initiated but could not be completed during this period, the Project Manager shall determine a reasonable extended period to complete the remediation in consultation with the contractor, If within the 48 hour period, in the judgment of the Project Manager, contractor has not initiated any action or the restoration is not being done properly or in a timely manner during the extended period, the Employer shall be entitled to employ and pay others to carry out the work. The Contractor shall pay to the Employer all costs reasonably incurred by the Employer in remedying the problem."
G. Approval of the Project by the City Authorities
The project was approved by the Kareli Municipality.
H. Environmental Management Matrix
|Activity |What? |Where? |How? |When? |Why? |Responsible Agency |Monitoring |
| |(parameter is to be monitored) |(is the parameter to be |(is the parameter to be |(is the parameter to be monitored |(is the parameter to be monitored| |Agency |
| | |monitored) |monitored /type of |– frequency of measurement or |(reply is not obligatory)) | | |
| | | |monitoring equipment/?) |continuously) | | | |
|Material supply |Possession of official approval |Asphalt Plant/ Stone Quarry/ |Inspection |Before work begins |Assure compliance with HSE |Works contractor |MDF |
| |or valid operating license |Borrow Pit | | |requirements. | | |
|Material transport |Truck loads covered/ wetted |Construction site |Supervision |Unannounced inspections during |Assure compliance with HSE |Works contractor |MDF |
| | | | |work hours |requirements. | | |
| |Hours and routes defined for | | | | | | |
| |deliveries | | | |Ensure safety, and minimize | | |
| | | | | |traffic disruption. | | |
|Noise |Noise levels; |Construction site; nearest |Inspection; noise |Periodic (average once per week); |Assure compliance with HSE |Works contractor |MDF |
| |Equipment; |homes |measuring device |Following complaints |requirements. | | |
|Vibration |Work hours. |Construction site |Supervision |Unannounced inspections; following|Assure compliance with HSE |Works contractor |MDF |
| | | | |complaints |requirements. | | |
|Dust |Air pollution (solid particles, |At or near construction site |Visually |During material delivery and |Assure compliance with HSE |Works contractor |MDF |
| |suspended solids, flying heavy | | |periodically in dry periods during|requirements. | | |
| |metal particles) | | |construction | | | |
|Traffic disruption |Existence of traffic management |At or near construction site |Inspection; observation |Before works start; once per week |Assure compliance with HSE |Works contractor |MDF |
| |plan | | |at peak and non peak periods. |requirements. | | |
| |Traffic patterns | | | | | | |
|Vehicle/ pedestrian |Alternate access provided |Construction site |Supervision |During construction |Assure compliance with HSE |Works contractor |MDF |
|access | | | | |requirements. | | |
| |Visibility/ appropriate signs | | | | | | |
| | |Construction site |Observation |Once per week in the evening | | | |
|Material storage, |Water and soil quality |Run off from site; material |Gravity; Observation |During material delivery and |Assure compliance with HSE |Works contractor |MDF |
|handling, use |(suspended solids, oils, etc) |storage areas; wash down areas| |periodically during construction |requirements. | | |
| | | | |(average 1/week), especially | | | |
| | | | |during precipitation (rain/ snow/ | | | |
| | | | |etc). | | | |
|Waste disposal |Permitted |Disposal site |Inspection |Before works start |Prevent environmental pollution |Works contractor |MDF |
| |disposal site | | | | | | |
| | | | | | | | |
| |Water and soil quality | |Observation |Periodically during construction | | | |
| |(suspended solids, oils, fuels, | | |and on complaints | | | |
| |lubricants, etc) | | | | | | |
|Equipment maintenance |Existence of adequate lining and|Run off from site; material |Observation |During material delivery and |Prevent pollution of soil and |Works contractor |MDF |
|and fuelling |confinement of fuel and |storage areas; wash down | |periodically during construction |water with lubricants and oil | | |
| |lubricant storage areas and |areas; equipment maintenance | |(average 1/week), especially | | | |
| |machinery servicing sites. |facilities | |during precipitation (rain/ snow/ | | | |
| | | | |etc). | | | |
|Worker safety |Protective equipment. |Construction site |Inspection |Unannounced inspections during |Assure compliance with HSE |Works contractor |MDF |
| |Organization of traffic by-pass | | |works |requirements. | | |
ANNEX 1.
Environmental Legislation in georgia and Wb regulations
Introduction
This Annex presents the review and analysis of the environmental and resettlement legislation of Georgia and the procedures for ensuring full consideration of WB environmental safeguards and the WB environmental assessment and resettlement guidelines in the implementation of projects financed under the WB loans. It describes existing in Georgia environmental regulations relevant to the project, provides guidance on the measures required for ensuring consistency with environmental assessment and makes reference to institutions at the local and national levels responsible for issuing permits, licenses, and enforcing compliance of environmental standards.
1. Environmental REgulations
1.1. Legislation and administrative structure in georgia
1. Administrative Structure
Ministry of Environment Protection and Natural Resources (MoE). MoE has the overall responsibility for protection of environment in Georgia. The Service of Licenses and Permits of MoE is responsible for reviewing EIAs and for issuance of the Environmental Permits. The MoE Inspectorate is responsible for compliance monitoring, including monitoring of construction activities and auditing of all kind of entities. Regional services of MoE are involved during agreement on Terms of Reference on architectural design of a project and in commissioning of completed facilities. Ministry of Environmental Protection and Natural Resources of Georgia (MoE) is the main state body pursuing state policy in the sphere of environment. Their functions for regulating economic or development activities with regard to environmental protection include:
• Issuing permits for project development (Environmental Impact Permit)
• Setting emission limits and issuing surface water intake and discharge consents
• Inspection of operating plants
• Responding to incidents and complaint
• MoE is responsible for monitoring air pollution and noise levels (especially near residential areas)
• Regional services of MoE will agree upon the sites for disposal of the spoil and construction wastes.
The Ministry defines and evaluates real and possible risk of impact on natural environment during implementation of different types of activities. Accordingly the Ministry has been assigned as responsible body for making decision on granting permission to the proponent on implementation of projects, which require Environmental Impact Assessment (EIA). Granting procedures slightly differ for different type of projects.
For the projects, which do not require Construction Permit, the Environmental permit is being issued by the MoE on the ground of State Ecological Examination. State Ecological Examination is carried out by MoE upon official submission of Environmental Impact Assessment (EIA) prepared by project developers.
For projects requiring Construction Permit, no special permit is issued by MoE (according to “One window principle”, only one permit shall be issued for each activity). The Construction Permit is issued by the Ministry of Economic Development of Georgia, but the issuance of the Permit is subject to the consent of the MoE in a form of Conclusion of Ecological Expertise, as well as the Ministry of Culture (Center of Archaeological Studies, Department of Monuments protection). Consent of the MoE in such cases should be issued according to the same procedures (EIA, public consultations; SEE etc.) as for issuing Environmental Permit. The Ministry of Economic Development as an administrative body issuing a permit ensures the involvement of the MoE as a different administrative body in the administrative proceedings initiated for the purpose of permit issuance, in accordance with Georgia’s Law on Licenses and Permits.
Project screening (definition of the project category and necessity for preparation of EIA) and scoping (definition of set of environmental issues and Terms of Reference) is carried out by the project implementing agency and its consultants (in this case Municipal Development Fund (MDF) and its consultants). Scoping and screening do not represent mandatory procedures according to Georgian legislature although review of scoping/screening outcomes and agreement of the Ministry of Environment Protection and Natural Resources is considered a desired practice.
As a rule, EIA permitting conditions contains requirement for informing MEPNR regarding fulfillment of the EIA permit conditions. This basically means giving information regarding implementation of Environmental Management and Monitoring Plans.
The Ministry of Economic Development (MoED). MoED is responsible for carrying out the review of technical documentation (including conclusion of an independent experts) and issuing Permits on Construction for projects classified as the projects of Special Importance, as well as for supervision over constructing activities and for arranging Acceptance Commission after completion of construction.
State supervision of construction and compliance monitoring is provided by the Main Architecture and Construction Inspection (MACI), which is operating under the Ministry of Economic Development of Georgia
Other Responsible Governmental Institutions:
The Ministry of Culture and Sports. The ministry is responsible on supervision of the construction activities in order to protect archaeological heritage. In case if construction is to be carried out in a historic sites or zones of cultural heritage, consent of the Ministry of Culture, Monument Protection and Sport is also required for issuing construction permit.
Management Unit for Food Safety and Risk Analyze of the Ministry of the Agriculture (MUFSRA). MUFSRA is responsible for implementation of complex sanitary protection measures in case of identification of burial sites during earthworks. Information about suspicious burial sites should be delivered to the “MUFSRA” of the Ministry of the Agriculture by the Constructing Contactor (field environmental officer) and MDF field officer.
[Note: Governmental institutions responsible for technical supervision and compliance with the design documentation and construction standards are described in Design Documentation and are not subject for EIA or EMPs]
1.1.2 Framework Legislation
The basic legal document is “The Constitution of Georgia”, which was adopted in 1995. While the Constitution of Georgia does not directly address environmental matters, it does lay down the legal framework that guarantees environmental protection and public access to information with regard to environmental conditions.
Article 37, Part 3 states that “any person has the right to live in a healthy environment, use the natural and cultural environment. Any person is obliged to take care of the natural and cultural environment.” Article 37, Part 5 states that “an individual has the right to obtain full, unbiased and timely information regarding his working and living environment.”
Article 41, Part 1 states that “a citizen of Georgia is entitled to access information on such citizen as well as official documents available in State Institutions provided it does not contain confidential information of state, professional or commercial importance, in accordance with the applicable legal rules.
Legislative execution of constitutional requirements in the sphere of environmental protection is implemented through framework Georgian “Law on Environmental Protection” (1996, as amended) and the set of specific laws developed on its basis. The framework law regulates the legal relationship between the bodies of the state authority and the physical persons or legal entities (without distinction-legal form) in the scope of environmental protection and in the use of nature on all Georgia’s territory including its territorial waters, airspace, continental shelf and special economic zone. The law deals with education and scientific research in the scope of environment, environmental management aspects, economic levers, licensing, standards, EIA and related issues. Considers different aspects on protection of ecosystems, protected areas, issues of global and regional management, protection of ozone layer, biodiversity, protection of Black Sea and international cooperation aspects. In particular, the law addresses broad spectrum of issues, like environmental management, environmental education and awareness building, licenses and permits, fines and enforcement, environmental impact assessment, which should be further regulated by specific laws. According to the requirements set forth in the framework law, numerous laws and normative–legal documents were adopted to regulate specific environmental issues in Georgia. Further below the environmental regulations most relevant to the project – and first of all, to the permitting process - are described.
1.1.3 Legislation Related to Environmental Permitting
At present, the environmental permitting procedure in Georgia is set out in three laws:
The project proponent, in implementing projects, will comply with (i) The Law on Licenses and Permits (2005); (ii) The Law on Environmental Impact Permits (EIP), and (iii) The Law on Ecological Examination (EE) 2008.
The Law on Licenses and Permits was adopted by Parliament of Georgia, on June 24, 2005. The new Law regulates legally organized activities posing certain threats to human life and health, and addresses specific state or public interests, including usage of state resources. It also regulates activities requiring licenses or permits, determines types of licenses and permits, and defines the procedures for issuing, revising and canceling of licenses and permits (Article 1, Paragraph 1).
The Laws on Environmental Impact Permit and on Ecological Examination have been published on 14.12.2007 and entered in force on 01.01.2008. These new laws integrate all the amendments introduced in legislation of Georgia during recent years.
The Law of Georgia on Environmental Impact Permit determines the complete list of the activities and projects subject to the ecological examination (clause 4 p.1) and the legal basis for public participation in the process of environmental assessment, ecological examination and decision making on issuance of an environmental impact permit.
Under the “activities” subject to the ecological examination the law considers construction of new or upgrading of existing facilities imposing change of technology and operational conditions for the projects and activities included into the list. The routine maintenance works in relation with the same facilities do not require ecological examination and permit.
In case if the activity included into the list given in clause 4 p.1 at the same time requires Construction Permit, the administrative body responsible for issuance of the Construction Permit ensures involvement of MoE, as a separate administrative body, in the administrative procedures initiated for the purpose of issuing Construction Permit, as it is envisaged by the Law on Licenses and Permits. In such cases the MoE is issuing the Conclusion on the Ecological Examination of the project based on the documentation provided to MoE by the administrative body issuing the Permit. The Conclusion on the Ecological Examination is adopted by the administrative (executive) legal act of the MoE and compliance with the conditions of the Conclusion is obligatory for the project proponent. The conditions of the Conclusion on Ecological Examination is a part of conditions of the Construction Permit.
In case if the activity included into the list given in clause 4 p.1 does not require Construction Permit, based on the Conclusion on the Ecological Examination the MoE will issue the Environmental Impact Permit, supported by the administrative (executive) legal act issued by the minister. The ecological examination is carried out in accordance with the law of Georgia on Ecological Examination and the conditions set forth by the Conclusion present the Conditions of the Permit.
The aforementioned laws do not provide details of screening procedure and do not define responsibilities of parties. According to the practice, the screening of project proposals and the preliminary assessment of their environmental impact and proposed mitigation measures (scoping) are being carried out by the project proponent in consultation with the MoE.
Public Consultation Procedures.
The 6th clause of the law of Georgia on the Environmental Impact Permit provides detailed requirements and procedures for conducting public consultations and established timeframes for information disclosure and discussion, namely:
According to article 6 , developer is obliged to carry out public discussion of the EIA before its submission to an administrative body responsible for issuing a permit (in case of activity requiring construction permit before initiating stage 2 procedure for construction permit issuance).
Official Submission of EIA to MoE
Article 8 of the Law specifies the documents to submit to receive a permit:
4) An operator, in order to receive a permit, shall submit a written statement to the Ministry. A statement to receive a permit is submitted, considered and processed under the rule established by the ‘Law of Georgia on Licenses and Permits’.
5) An operator is obliged, in addition to the information specified by the ‘Law of Georgia on Licenses and Permits’, to submit the following documents:
f) An EIA report drawn up under the standards specified by the legislation of Georgia (in 5 hard copies and 1 soft copy)
g) A situation plan of the planned activity (with the indication of distances)
h) Volume and types of the expected emissions (a technical report of inventory of the stationery sources of pollution and emitted/discharged harmful substances and project of maximum permissible concentrations of emitted/discharged harmful substances (in 4 copies))
i) A brief description of the activity (as a non-technical summary)
j) A statement about the confidential part of the submitted statement.
6) An operator is obliged to submit a full diagram of the technological cycle to the permit issuing body even if the given activity contains a commercial and/or state secret. This part of the statement, according to sub-clause ‘e’ of clause 2 of the given Article should be submitted separately by the operator.
Issuance of the Permit on Environmental Impact
The article 9 of the law describes the procedures of issuing the Environmental Impact Permit. The same issue is addressed in the laws of Georgia on “Licenses and Permits” (2005) and “on Ecological Examination’ (2008).
1. According to the law on “Licenses and Permits,” the MoE takes decision on issuing Permit within the 20 days after submission of request on permit by the project proponent.
2. MoE, in accordance with the law on Ecological Examination, ensures expertise of the submitted documentation and issuance of Conclusion on Ecological Examination.
The Permit (Environmental Permit, or Construction Permit when the latest is required) is issued only in case of the positive conclusion of the Ecological Examination.
1.1.4 Other Environmental Laws
The Law on the environmental Protection Service (Agency). In accordance with the ‘Law on the environmental Protection Service of 2008, an environmental protection control system has been established to ensure the following: (a) state control in the field of environmental protection and ecological systems safety, (2) observance of the proper laws by the subjects of regulation, (3) population’s trust in the mentioned system and in state organs, generally in respect of performance of state obligations and transparency in the field of environmental protection. Under the same Law, there has been an environmental protection agency established (on the base of a former environmental protection inspection) and the functions of its employees specified. In particular, they are authorized to accomplish an environmental inspection of the objects of regulation (physical and legal entities, state authority and local self-governing bodies) and monitoring of their activities. Besides, the prerogative of the environmental protection agency is to calculate the damage to the environment to compensate it to the state, put forward the requirement to the objects of regulation to compensate the damage, and in case of non-meeting such a requirement, file a proper appeal before the court.
For the road project, a subject of inspection and monitoring may be the process of building (legal use of resources; environmental pollution, noise and vibration, etc.) and exploitation-related activity (waste management, emissions; safety etc.).
Waste Management. The following acts of the Ministry of Labour, Health and Social Protection of Georgia define the waste management rules to be met during the road rehabilitation projects:
The act on “Approval of the rules of collection, storage and neutralization of the wastes of preventive treatment establishments” 16 August of 2001, 300 (“Georgian Legislative Messenger” N90 24/08/2001);
The act on “Approval of arrangement of polygon/grounds for disposal of solid household wastes and adoption of sanitary rules and norms” 24 February, #36 (Georgian Legislative Messenger #17, 07.03.03);
The “Georgian Law on Ambient Air Protection” was put into effect from 1 January 2000.
The scope of the “Georgian law on Ambient Air Protection” is to protect ambient air on the whole territory of Georgia from harmful human impact. This law does not govern the field of air protection in work places. Main competences of governmental authorities in the field of ambient air protection (a) Development of environmental monitoring (observation) system; (b) Development and implementation of common policies and strategies; and (c) Development of integrated ambient air pollution control.
Types of harmful human impact include:
• introduction of pollutants into the ambient air;
• radioactive impact on ambient air;
• ambient air pollution with micro-organisms and microbial toxins;
• physical impact of noise, vibration, electromagnetic field etc on ambient air.
Types of ambient air pollution are specified:
• emission of pollutants into the ambient air from stationary pollution source;
• emission of pollutants into the ambient air from mobile sources of pollution;
• emission of pollutants into the ambient air from non-point sources of pollution;
• emission of pollutants into the ambient air from small-scale sources of pollution.
According to the Article 291, the inventory on emissions of air pollutants from stationary pollution sources is obligatory for physical and legal entities. The special inventory report is to be prepared for 5 years for each source of the atmospheric air pollution and each type of a harmful substance.
At preparing the EIA project, a full inventory on emissions (in case of existence) is to be carried out and maximum permissible concentrations or temporarily agreed permissible
concentrations of the emitted harmful substances for stationary pollution sites are to be set. Maximum permissible concentration is an amount of permitted emissions of air pollutants from stationary pollution sources. Temporarily agreed permission concentrations can be approved for five years (maximum) without prolongation. The Maximum permissible concentration of the emitted harmful substances for stationary pollution sites is approved for 5 years for each source of the atmospheric air pollution and each type of a harmful substance.
Registration of emissions from stationary pollution sources comprises:
• self-monitoring of emissions;
• state emission registration system.
Self-monitoring of emission of pollutants from stationary pollution sources means that economical actor (operator) shall conduct adequate self-monitoring of pollutant emissions from stationary pollution sources. It includes:
• emission measurements (assessment)
• registration of emissions
• reporting of emissions
State emission registration system is a system of compilation, processing and analysis of emission reporting documentation. The Ministry of Environment Protection and Natural Resources of Georgia conducts state registration of emissions.
The Law of Minerals of 1996 provides provisions for the mineral resource exploration and management and establishes the requirement to obtain a license according to the procedures established under this law. The Law on Licensing and Permits (June 25, 2005) establishes the most recent regulations for licensing. According to the current legislation all quarries and borrow pits require to obtain a license.
The Wildlife Law of 1996 mandates the MoE to regulate wildlife use and protection on the whole territory of the country. The law empowers the MoE to issue hunting permits and licenses, declare hunting areas, control poaching etc. Potential poaching by the workers should be controlled also during construction works, especially in sensitive ecological areas.
Law of Georgia ‘On the system of the protected areas’ (1996)
The Law defines the categories of ‘protected areas’ and specifies the frames of activities admissible in the given areas. The permitted actions are defined by considering the designation of the areas and in accordance with the management plans and provisions of the international conventions and agreements to which Georgia is a party. As a general requirement, the following activities are prohibited in the protected areas:
a) Disturbance or any other changes of the natural ecosystems
b) Demolition (destroy), arrest, disturbance, damage (invalidation) of any natural resource with the purpose of its exploitation or any other purpose
c) Damage of the natural ecosystems or species by reason of the environmental pollution
d) Bringing and breeding foreign or exotic species of living organisms
e) Bringing explosives or toxic materials to the area.
According to the above-mentioned Management Plan, all kinds of economic and entrepreneurship activities are admissible in the support zone provided they do not hamper the functioning of the protected areas.
Law of Georgia ‘On the Red List and Red Book’ (2003)
The Law regulates the legal relations in the field of developing the Red List and Red Book, protecting and using the endangered species, except the legal issues of the international trade with endangered wild animals and wild plants, which within the limits of the jurisdiction of Georgia are regulated by virtue of the Convention ‘On the international trade with the endangered species of wild fauna and flora’ concluded on March 3 of 1973 in the city of Washington.
According to Article 10 of the Law, any activity, including hunting, fishing, extraction, cutting down and hay-mowing, except particular cases envisaged by the present Law, Law of Georgia ‘On animal life’ and legislation of Georgia, which may result in the reduction in number of the endangered species, deterioration of the breeding area or living conditions, is prohibited.
Possible harmful effect of anthropogenization on the endangered species should be taken into account when issuing the permit on environmental impact during the ecological expertise.
The Red List of Georgia was approved by the Presidential Decree No. 303 ‘On approving the Red List of Georgia’ (May 2, 2006)
In case when the road rehabilitation project is to be accomplished within the resort zone accordingly, the Law of Georgia ‘On Tourism and resort’ and Law of Georgia ‘On the zones of sanitary protection of resorts and resort areas’ should be considered.
Decree No. 538; There is a chance that the project activity may cause harm to the environment, which will be impossible to mitigate even through planning and realizing the preventive measures. The rules to estimate and compensate for the environmental damage have been developed for such cases under the Decree No. 538 ‘On approving the methods to estimate the environmental damage’ of the Minister of Environmental Protection and Natural Resources of Georgia adopted on July 5, 2006. Below we site the clauses, which may be useful to estimate the damage within the limits of the project.
Article 2. The rule to estimate the damage caused by the harmful anthropogenic action on the atmospheric air
Article 3. The rule to estimate the environmental damage caused by the soil pollution
Article 4. The rule to estimate the environmental damage caused by the soil degradation
Article 5. The rule to estimate the environmental damage caused by illegal action with forest resources
Article 6. The rule to estimate the environmental damage caused by damaging the green plantations in the capital of Georgia, other cities and towns, regional centers and settlements
Article 7. The rule to estimate the damage caused by damaging the fish reserve and other biological forms
Article 8. The rule to estimate the damage caused by illegal acquisition of the animal life objects Article 9. The rule to estimate the environmental damage during the fossil exploitation
Article 10. The rule to estimate the environmental damage caused by the pollution of water resources.
International Commitments
International cooperation is a dominant feature and driving force for environmental reforms in Georgia. Setting the goal to preserve its biological diversity and realising the importance of international cooperation, Georgia signed the Convention on Biological Diversity in 1994, thus accepting responsibility to safeguard the nation’s rich diversity and of plant, animal, and microbial life to begin using biological resources in sustainable way, and to ensure equitable sharing of benefits from biodiversity.
The Convention on Biological Diversity is the first global agreement, which, along with biodiversity conservation, necessitates the sustainable use of biological resources Georgia has been recognised as holding an important reservoir of biodiversity and is very important in the global context – according to the surveys and assessments conducted at an international level Georgia, as a part of the Caucasus, is recognized as:
1. One out of 25 biologically richest and endangered land ecosystems (Conservation International);
2. One out of 200 vulnerable ecoregions (WWF);
3. One out of 221 endemic bird habitats (Bird Life International);
4. One of the World Agrobiodiversity Centres.
Georgia has implemented a number of measures on fulfillment of the guidelines defined by the International environmental treaties which is party to, in particular:
▪ The country acceded the most important international treaties on biodiversity, such as Convention on Biological Diversity, Convention on Wetlands of International Importance, Especially as Waterfowl Habitat, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Convention on the Conservation of Migratory Species of Wild Animals (the Bonn Convention) and its Agreements;
▪ A number of national legislative acts has been adopted in the field of conservation and sustainable use of biodiversity since 1996;
▪ Georgia conducted biodiversity assessment studies (National Biodiversity Assessment Program, UNEP, 1996);
▪ Strategy and Action Plan on conservation of Georgia’s biological diversity was elaborated and approved (2005);
▪ With the financial support of the German Government and the Global Environment Facility (GEF), the Protected Areas - the Borjomi-Kharagauli and the Kolkheti National Parks were established; with the support of the German Government, new protected areas are planned to be established on the Javakheti Plateau in southern Georgia;
▪ With the support of the Global Environment Facility (GEF), the Project on Development of Protected Areas in Georgia is being implemented. The aim of the project is to elaborate management plans for three protected areas in eastern Georgia (Lagodekhi, Vashlovani and Tusheti), to develop infrastructure necessary for their effective management and to strengthen the State Department for Protected Areas in terms of improving skills for protected areas management;
▪ With the financial support of the World Bank, the forestry development project is under implementation in Georgia to promote conservation and sustainable use of Georgian forests.
Though the development of protected areas is the major strategy for protection of biodiversity in Georgia, some other priority directions in this field have emerged:
▪ conservation – preservation of rare and endangered species in bio-reserves;
▪ creation of genetic fund of wild nature;
▪ sustainable use of renewable natural resources;
▪ reproduction – breeding of rare and endangered species and their introduction in the nature.
The Convention on the Conservation of Migratory Species of Wild Animals
The Convention on the Conservation of Migratory Species of Wild Animals (also known as CMS or Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. It has been signed in 1979 in Bonn (Germany.) Georgia ratified the treaty in 2000 together with its three agreements:
▪ Agreement on “Protection of Populations of European Bats” (EUROBATS);
▪ Agreement on “Conservation of Cetaceans of the Mediterranean Sea, Black Sea and Contiguous Atlantic Area “ (ACCOBAMS );
▪ Agreement on “Conservation of African-Eurasian Migratory Waterbirds” (AEWA).
Taking into account, that the Agreements have been initially designed as an instrument for facilitating the implementation of the CMS, the compliance with and enforcement of CMS in Georgia is mostly reflected in implementation of the Agreements.
1.1.5 Environmental Standards and Norms
Environmental Quality Regulations and Standards
Within the context of the road project, the environmental quality standards and norms are of primary importance. They define the quality of ambient air, admissible levels of surface waters pollution and measures of their protection including the zones of sanitary protection. The mentioned standards are considered under a separate clause (Clause 2.1.4). The maximum admissible levels of atmospheric air pollution and noise are also of a certain importance to the stage of building. Noise and atmospheric air pollution pose be a certain problem during the building operations (mainly, as the building techniques emissions and welding emissions) and exploitation of the rehabilitated objects (e.g. in case of operation of diesel-generators).
In accordance with the ‘Law on public health’, the environmental qualitative norms are approved by Decrees of the Minister of Labor, Health and Social Security of Georgia (Decrees Nos. 297/N of 16.08.2001, including the changes made to it by further decrees of the Ministry Nos. 38/N of 02.24.2003, 251/N of 09.15.1006, 351/N of 12.17.2007).
Ambient Air Quality Norms. The provisions for the protection of ambient air against contamination and the values of Maximum Admissible Concentrations of the harmful substances in the ambient air in the vicinity of the settlements is provided in the Environmental Quality Norms approved by the Order #297N (16.08.2001) of the Ministry of Labour, Health and Social Protection (as amended by the Order No 38/n of the same Ministry of 24.02.2003). The quality of atmospheric air (pollution with hazardous matter) is also defined by the order of the Minister of Environment Protection and Natural Resources (#89, 23 October 2001) on approval of the rule for calculation of index of pollution of atmospheric air with hazardous pollution.
Maximum Admissible Concentration of Pollutants (MAC) in Ambient Air mg/m3
|N |Substance |N according to CAS|Formula |MAC (mg/m3) |Class of |
| | | | | |harmfulness |
| | | | | | |
| | | | |Maximum fugitive |Average Daily | |
|1 |2 |3 |4 |5 |6 |8 |
|6 |Nitrogen (IV) |10102-44-0 |NO2 |0.085 |0.04 |2 |
| |Dioxide | | | | | |
|111 |Sulfur |9/5/7446 |SO2 |0.5 |0.05 |3 |
| |Dioxide | | | | | |
|359 |Carbone Oxide |630-08-0 |CO |5 |3 |4 |
|360 |Soot (Carbone black) |1333-86-4 |C |0.15 |0.05 |3 |
Noise Standards. The Georgian standards for noise control are approved by the Decree of the Minister for Health, Labour and Social Affairs (297n of August 16, 2001) on the ‘Approval of Environmental Quality Standards’, which specify the tolerable and maximum admissible levels of noise for different zones.
Table 2.5.1 Georgian Noise Quality Standards in Residential Areas
|Time |Indicative Level La dBA |Maximum Admissible Level La max dBA |
|7am – 11 pm |55 |70 |
|11pm – 7am |45 |60 |
1.1.6 Construction Permits
Terms and procedures for obtaining Construction Permit, as well as issues related to the State supervision are mostly covered by the following legal acts of Georgia:
• The Law of Georgia on Construction Permit 25.06.2004
• Decree No 140 of the Government of Georgia on the Rules and Conditions for Issuing Construction Permit (11.08.2005) with amendments introduced by Government Decrees of 09/01/2005 N 151; 12/01/2005 N 214; 01/23/2006 N 16; 06/20/2006 N 115; 08/23/2006 N 160 and No 101 of 16.05.2007
• The Law of Georgia on State Supervision over the Architecture and Construction Related Activities (14.11.1997) with amendments introduced by Government Decrees of 06/22/2001 N 992; 12/29/2004 N 857; 12/22/2005 N 2405
We will briefly review Construction Permit related procedures to address the environmental aspects of these procedures.
In case if the construction is carried out by a Ministry of the Government of Georgia or its structural unit, the preparation and agreement with the authorities of the project documentation should comply with the requirements stipulated in the Decree No 101 of 16.05.2007. In particular, the project documentation and its review procedures should comply with the requirements set forth for phase I, II and III of permitting cycle by the Decree No 140 of the Government of Georgia on the Rules and Conditions for Issuing Construction Permit. This provision is applicable
Phase I. Pre-Design Stage
• Confirmation of the land plot ownership and preparation of related documents
• Agreement on SoW and ToR for the Architectural Design with the Architectural Department of local administration
• Preparation of the Design in accordance with the aforementioned SoW and ToR.
Phase II. Consent of the Architectural Department of local administration
Phase III. Application for acquiring Construction Permit and permitting procedures
I. Pre-Design Phase
To obtain Construction Permit the project proponent should provide documents confirming land plot ownership or right for land use – extracts from the State Register or agreement with the land owner. This is relevant also for the construction activities to be carried out by the central or local governmental bodies.
Terms of Reference for Architectural Design is a complex of requirements determined by normative acts and defines:
• destination (residential building; industrial etc.)
• parameters (number of floors, dimensions etc.)
• layout
• List of Technical Requirements - environmental, technical and organizational conditions for design and construction. Each of these conditions should be agreed with the appropriate service agencies and should be supplemented to the technical documentation.
Terms of Reference for Architectural Design should comprise requirements related to urban development planning; environmental protection and hygiene and sanitary safe conditions; protection of cultural heritage and historical sites etc. ToR for the architectural design should be issued by the Architectural Department of local administration and Project Design documentation should be prepared by the project proponent in accordance with this ToR.
II. Design Phase
Design should be prepared in accordance with all requirements set forth within the Terms of Reference for Architectural Design and in compliance with the relevant design and construction standards.
Design should be cleared by the Architectural Department of a local administration. In case if construction is to be carried out in a zone of cultural heritage protection, consent of the Ministry of Culture, Monument Protection and Sport is also required.
Phase III. Construction Permit
In case if the project is to be implemented in territories with special regime, appropriate consent of the relevant governmental body is required. This requirement is relevant for:
• protected areas
• State border zone
• sanitary protection zones of resorts
• coastal zone
• Right of Ways of highways, railways, pipelines and electro-transmission lines
• Sanitation-protection zones of water supply headworks, water reservoirs, hazardous waste disposal facilities etc.
• Zone of historical or cultural heritage protected in accordance with the law of Georgia on Cultural Heritage Protection
1.1.7 The ‘Law of Georgia on Cultural Heritage’ was approved in May of 2007. Article 14 of the Law specifies the requirements for ‘large-scale’ construction works. According to this Article, a decision on career treatment and ore extraction on the whole territory of Georgia, as well as on construction of an object of a special importance as it may be defined under the legislation of Georgia, is made by a body designated by the legislation of Georgia based on the positive decision of the Ministry of Culture, Monument Protection and Sport of Georgia. The basis for the conclusion is the archeological research of the proper territory to be carried out by the entity wishing to accomplish the ground works. The entity wishing to do the ground works is obliged submit the Ministry the documentation about the archeological research of the territory in question. The preliminary research should include field-research and laboratory works. In case of identifying an archeological object on the territory to study, the conclusion of the archeological research should contain the following information: (a) a thorough field study of the archeological layers and objects identified on the study territory by using modern methodologies, (b) recommendations about the problem of conservation of the identified objects and planning of the building activity on the design territory, on the basis of the archeological research.
1.1.8 Georgian Law on Regulation and Engineering Protection of Coasts of Sea, Water Reservoirs and Rivers of Georgia (27.12.2006, No. 4131)
Article 9. Rules regulating the economic activity within the coast protection zone
1) The body issuing a building permit within the zone of coast engineering protection is obliged to engage the Ministry in the permit issuing process as a concerned administrative body and send it proper documentation for the obligatory conclusion.
2) The construction project of buildings and premises within the zone of coast engineering protection should envisage the compensation amounts for the expected coastal damage.
3) Extraction of inert material within the zones of strict supervision of sea, water reservoir or river is prohibited, unless this is done for the purposes of coast-formation or control of streams.
1. Environmental and social requirements of the WB
1.2.1 The World Bank Policy, Safeguards and Environmental Guidelines
WB Environmental Guidelines
All projects funded by WB must comply with the WB Safeguards and Environmental Guidelines. The purpose of these guidelines is to establish an environmental review process to ensure that the projects undertaken as part of programs funded under WB loans are environmentally sound, are designed to operate in compliance with applicable regulatory requirements, and are not likely to cause a significant environmental, health, or safety hazard.
WB is committed to program design that reflects the results of public participation in host countries during all phases of the program, integrating governmental interests with those of private business and civil society.
Finally, WB is committed to the principles of host-country responsibility for measures to mitigate adverse environmental and social impacts. WB funded projects shall therefore comply with host-country laws, regulations and standards, as well as requirements by which the host country is bound under international agreements.
The WB Bank Procedures, Operational Manuals and Good Practices having regard to the Road infrastructure rehabilitation projects are listed below:
• BP/OP/GP 4.01 Environmental Assessment
• WB BP/OP/GP 4.04 Natural Habitats
• WB OP 4.11 Cultural Heritage
• WB BP/OP 4.12 Involuntary Resettlement
• WB BP/OP 4.36 Forestry
• WB BP 17.50 Disclosure of Operational Information
EIA and Environmental Screening under WB Guidelines
The Bank undertakes environmental screening of each proposed project to determine the appropriate extent and type of EA. Screening principles and procedures, as well as other conceptual and procedural details of EIA process, are described in BP/OP/GP 4.01 Environmental Assessment. The Bank classifies the proposed project into one of three categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. The Bank establishes following three categories:
Category A is assigned to a proposed project if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. Full scale EIA and relatively longer period for public discussions (e.g. 120 days for projects implemented by WB in USA) is required in this case. EA for a Category A project examines the project’s potential negative and positive environmental impacts, compares them with those of feasible alternatives (including the “without project” situation), and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. For a Category A project, the Borrower is responsible for preparing a EIA report.
Category B is assigned to a proposed project if its potential adverse environmental impacts on human environment are less adverse than those of Category A projects (e.g. insignificant impact on sensitive area or medium grade impact on less sensitive area). Like Category A EA, category B EA examines the project’s potential negative and positive environmental impacts and recommends any measures needed to prevent, minimize, mitigate, or compensate for adverse impacts. The findings and results of Category B EA are described in the project documentation (Project Appraisal Document and Project Information Document). The EA for B category projects could be provided in a form of Environmental Management Plans (EMP) or Environmental Review (ER), which includes EMP.
Category C is assigned to a proposed project if it is likely to have minimal or no adverse environmental impacts. Beyond screening, no further EA action is required for a Category C project.
As additional criteria in support for screening procedures the GP-4.01 Annex B provides – “Types of Projects and Their Typical Classifications” with following comment: “Bank and international experience shows that projects in certain sectors or of certain types are normally best classified as illustrated below. These examples are only illustrative; it is the extent of the impacts, not the sector, that determines the extent of the environmental assessment and, hence, the category”.
EIA
EIA evaluates the potential environmental risks and impacts of a specific project in its area of influence, examines alternatives to the project, identifies ways of improving project selection, siting, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts. EIA includes the process of mitigating and managing adverse environmental impacts during the implementation of a project.
EIA should:
- be initiated as early as possible in project development and be integrated closely with the economic, financial, institutional, social, and technical analyses of a proposed project
- resettlement, indigenous peoples and cultural Property), and trans-boundary global environmental aspects.
- Also take into account specific host- country conditions – the findings of environmental studies, National Environmental Action Plans, national legislation, the capabilities of the entity implementing the project, as they relate to managing environmental and social impacts, and obligations of the country under relevant international environmental treaties and agreements.
EIA report should include:
- Executive summary – significant findings and recommended actions
- Policy, legal and administrative framework within which the EIA is carried out
- Project description
- Baseline data
- Environmental impacts
- Analysis of alternatives (including mitigation measures)
- EMP including associated costs
Consultation - lists and describes consultation meetings, including consultations for obtaining the informed views of the affected people, local NGOs and regulatory agencies.
Public consultation
Consistent with WB principles of host-country ownership of the projects implemented under its loans, WB will ensure meaningful public consultation in the development of WB loan-related EIAs and make public the results of EIAs. Public disclosure and consultation procedures are defined in WB BP 17.50 – “Disclosure of Operational Information” and described in details in WB Environmental Sourcebook Vol. I chapter 7 and Updates #5 - “Public Involvement in Environmental Assessment: Requirements, Opportunities and Issues”. The Bank requests consultations for A and B Category projects. For the category A projects WB requires two consultation meetings (one at scoping, and one on draft EA) and disclosure of draft and final documents in country and through WB website.
1.2.2 Comparison of the National legislation and WB requirements
Environmental assessment established under the Bank’s Operational Policies (OP 4.01) and Guidelines (BP 4.01) is analogous to the EIA provided under the legislation of Georgia.
The Bank’s guidelines provide detailed description of procedures for screening, scoping and conducting EIA and explain a complete list of stages, which are not envisaged under the national legislation.
Considering an ecological risk, cultural heritage, resettlement and other factors, the Bank classifies projects supported by them under categories A, B and C. As mentioned in the Georgian national legislation review section, EIA is carried out only if a developer seeks to implement projects listed in the Law on Environmental Impact Permit. This list is compatible with the category A projects of the Bank classification. According to the Georgian legislation EIA is not required in other instances, while World Bank guidelines may require limited EA or Environmental Reviews for the B category projects, as well.
Georgian legislation does not specify format of environmental management plans (EMPs) and stage of their provision for the projects requiring EIA and do not request EMPs for the projects not requiring EIAs. The World Bank guidelines request EMPs for all categories of the projects and provides detailed instructions on the content.
According to the Georgian legislation MoE is responsible for monitoring of project implementation on compliance with the standards and commitments, provided in the EIA, and less clearly is defined role of EMPs. The PIU or “Project Proponent” is responsible for implementing “self-monitoring” programs for the projects requiring EIA. The WB guidelines stress the role of EMPs, which are important for all categories of projects and Project Proponent (in our case – MDF) is requested to ensure inclusion of monitoring scheme and plans into EMPs. Monitoring of performance compliance against EMPs is important element of WB requirements.
The above considerations reveal major differences between the Bank guidelines and the national legislation.
Some of the specific issues are considered below:
The most significant difference between the Bank’s approaches on one hand and the national legislation on the other is that the latter does not take into account the issue of involuntary resettlement at any stage of environmental permit issuance. The Georgian legislation considers social factor only in regard with life and health safety (e.g. if a project contains a risk of triggering landslide, or emission/discharge of harmful substances or any other anthropogenic impact). Thus, the national legislation does not consider resettlement as an issue in the process of issuing environmental permits, unlike the Bank which takes a comprehensive approach to this issue.
While the Bank’s document establishes the responsibility of a Borrower for conducting an environmental assessment, the national legislation provides for the responsibility of a project implementing unit to prepare EIA and ensure its consultation.
The role of the Ministry is restricted to the participation in EIA consultation and carrying out state ecological examination required for the adoption of a decision on issuing an EIA permit as established under the legislation of Georgia. Under the WB regulations the WB resident mission is responsible for coordination of the whole EIA process from initial screening/scoping till the review of drafts and approval and public disclosure of the final EIA.
In regard with consultation: The Bank provides for consultations for A and B Category projects (at least two consultations for Category A projects) and requires a timetable of consultations from the Borrower. The national legislation until recently contained only a brief reference to this issue without providing real tools of its fulfillment. The amendments to the Governmental Decree On the Procedure and Conditions of Environmental Impact Assessment established the requirement of public consultation of the EIA, which obligates a developer (i) to ensure public consultation of EIA, (ii) publication of information, (iii) receive comments within 45 days, (iv) arrange consultation not later than 60 days from the date of publication, invite stakeholders and determine the place of consultation).
Table of Activities
|# |Action |Georgian Legislation |WB Requirements |
|1 |Screening |Project Proponent in consultation with|Bank and Consultant hired by Project |
| | |MoE |Proponent |
|2 |Scoping |Not required. Could be conducted |Obligatory. Bank and Consultant hired |
| | |voluntarily by Project Proponent. |by Project Proponent |
|3 |Draft EIA |To be prepared by Environmental |To be prepared by Environmental |
| | |Consultant. |Consultant. |
|4 |Public Consultations |The EIA should be available for public|At least two consultations for |
| | |review during 45 days. Publication of|Category A projects – one at the |
| | |information in central and regional |scoping stage and one for the draft |
| | |mass-media. Arrange consultation not |EIA. |
| | |later than 60 days from the date of | |
| | |publication. | |
|5 |Final EIA |Consider all comments received during |Consider all comments from Bank and |
| | |public consultations, incorporate |public. Agree with the Bank on each |
| | |accepted remarks and explain rational |raised point. |
| | |when the comments are disregarded. |Incorporate accepted public comments |
| | | |and explain rational when the comments|
| | | |are disregarded. |
|6 |Management Plans |No clear guidelines on format, content|Incorporate Monitoring and Management |
| | |and timing |Plans in the EIA. |
|7 |Review and Approval |MoE |Bank and separately - MoE (if the EIA |
| | | |is required by Georgian legislation) |
|8 |Disclosure of final EIA |Not requested |Publication (mainly electronic) of the|
| | | |final EIA. |
Harmonization of the WB and Georgian Legislation requirements
In order to comply with the both regulations – the WB and Georgian legislation – the content of the EIA should comprise issues requested in both regulations, - thus complementing each other. I.e. the EMPs should be elaborated in details as requested by the WB regulations. The assessment of the stationary sources of emission (e.g. diesel generators) should be executed according to Georgian regulations: “Inventory of the Stationary Sources of Emission” and “Approval of the Emission Limits”. The first public consultation (requested by WB guidelines but not by Georgian regulations) will be held at the Scoping stage. The second one will be executed according to Georgian requirements as described in p.2.1.2.
ANNEX I1
minutes of the public consultation meeting
on the Environmental impact assessment report
for the construction of a bridge
over river mtkvari near village akhalsopeli
Kareli October 27, 2010
On October 27, 2010 a public consultation meeting of the Environmental Impact Assessment (EIA) report on the Construction of the bridge at the Mtkvari River in Akhalsopeli Village of Kareli District was held in the Municipality building in Kareli.
The announcement of the meeting was published in the newspaper 24 Hours, Issue No218, October 13, 2010 (see the picture) and in the newspaper Goris Matsne, Issue No8 of October 18-24, 2010 (see the picture).
The objective of the public consultation was to inform stakeholders on the nature and terms of the upcoming works, their possible adverse impacts on the environment and the proposed mitigation measures. During the review of the environmental management plan (EMP) the attendees could ask questions and make critical remarks in order to finalize the EMP. Unfortunately, due to the power cut the demonstration materials could not be shown.
The public hearing was attended by:
|No |Name |Organization |
|1 |Zviad Parkadze |Municipal Development Fund of Georgia (MDF), engineer, |
| | |895900907 |
|2 |Gia Aladashvili |Municipal Development Fund of Georgia (MDF), environmental |
| | |specialist, 898581731 |
|3 |Rhuto Todaze |Head of the economic and Infrastructure Service of Kareli |
| | |Municipality Board, 899428461 |
|4 |Khatuna Iremadze |Economic and Infrastructure Development Service |
|5 |Lali Gudadze |Economic and Infrastructure Development Service |
|6 |Shota Kavsadze |Economic and Infrastructure Development Service 898214484 |
|7 |Vasil Giorgadze |Economic and Infrastructure Development Service |
|8 |Akaki Todadze |Finance and Budget Service |
|9 |Nato Kutkhashvili |Kareli Municipality Board Staff |
|10 |Lela Ramishvili |Personnel and Records Department |
|11 |Marika Chibirashvili |Service of Culture, Education, Monument Protection, Sports, |
| | |Tourism and Youth Affairs |
|12 |Emma Lomitashvili |Finance and Budget Service |
|13 |Neli Lomitashvili |Finance and Budget Service |
|14 |Dali Zhividze |Service of Culture, Education, Monument Protection, Sports, |
| | |Tourism and Youth Affairs |
|15 |Makvala Kopadze |Finance and Budget Service |
|16 |Lali Tsikarishvili |Finance and Budget Service |
|17 |Nato Kurdadze |Kareli Municipality Board Staff |
|18 |Gela Tsikarishvili |Veterans’ Issues |
|19 |Levan Mchedlidze |Kareli Municipality Board Staff |
|20 |Vazha Sazandrishvili |Head of Construction, Architecture and Spatial Organizing |
| | |Service |
|21 |Nino Kharazishvili |Supervision Service of Labor, Health, Social Security, |
| | |Veterans, Refugees and IDPs |
|22 |Irakli Kaviladze |Quality Insurance Company “Eco-Spectri”, environmental |
| | |manager, 899979748 |
|23 |Paata Chankotadze |World Experience for Georgia (WEG), environmental specialist ,|
| | |895902759 |
Mr. Zviad Parkadze, specialist of the East Georgia Ongoing Projects Monitoring Division of the MDF Monitoring Department, opened the meeting. He briefly reviewed the project and its importance for the improvement of the nearby rural infrastructure and social conditions of the population. The speaker also mentioned that the project is financed by the World Bank, EU and the Government of Georgia.
Mr. Gia Aladashvili, the specialist of the Environmental Analysis and Accommodation Unit of the MDF, made a presentation of the Environmental Impact Assessment (EIA) Report on the project for the Bridge Construction over the Mtkvari River in Akhalsopeli Village of Kareli District. The presenter reviewed the project concept, the applicable requirements of the national legislation and the World Bank safeguard policies, the planned civil works, environmental resources, their possible impact on the environment and human health, and mitigation measures allowing to minimize the possible adverse impact of the bridge construction and operation.
The meeting attendees also discussed the environmental management and monitoring plans, which would ensure the successful implementation of the project. They also mentioned that the project would facilitate the rural infrastructure and improve the social conditions of the rural community, especially IDPs. The construction will provide employment for 20-30 people. The questions asked after the presentation and the answers provided are presented below:
Questions and Answers Session
|Inquirer/ |Question/Comment |Notes |
|commenter | | |
|Irakli Kaviladze |An old destroyed bridge is a few meters|The Project does not envisage demolishing of the old |
| |away from the bridge construction site.|bridge. |
| |Is it planned to demolish it and if | |
| |yes, where will the waste be removed? | |
|Paata Chankotadze |It is planned to construct a 2 km long |On both banks there are two earth roads to the design |
| |access road to the bridge. What kind of|site of the bridge. The project envisages gravelling of |
| |road is it going to be? |the roads from the central motorway to the bridge. |
| | | |
| |The works are planned in the river bed.|Soil and water pollution with fuel and lubricants is a |
| |What measures will be taken to avoid |major issue and the preventive measures are detailed in |
| |pollution of soil and water with fuel |the environmental management plan (EMP). The requirement |
| |and lubricants and how detailed are |of the EMP fulfillment by the Contractor shall be an |
| |they in the environmental management |integral part of the contract. Besides, MDF is |
| |plan? |responsible for regular monitoring of the construction |
| | |from their beginning until the completion. The |
| | |environmental management and monitoring plans are |
| | |attached to the discussed EIA. |
|Lali Gudadze |Who finances the project? When will the|The project is financed by the World Bank, EU and |
| |construction start and finish? |Government of Georgia. Works will commence shortly and be|
| | |finalized in February next year. |
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The announcement of the public consultation meeting published in the newspaper 24 Hours, Issue No218, October 13, 2010
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The announcement of the public consultation meeting published in the newspaper Goris Matsne, Issue No8 of October 18-24, 2010
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The audience of the consultation meeting
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Attendee signatures
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