THE UNITED REPUBLIC OF TANZANIA
THE REPUBLIC OF LEBANON
COUNCIL FOR DEVELOPMENT AND RECONSTRUCTION
(CDR)
LEBANON MUNICIPAL SERVICE EMERGENCY PROJECT
(LMSEP)
ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK
(ESMF)
March 20, 2014
Executive Summary
1. Background to the Lebanon Municipal Emergency Project
The report outlines the Environmental and Social Management Framework (ESMF) prepared for Lebanon Municipal Emergency Project which is currently being prepared by Government of Lebanon (GOL) with support from the World Bank. Since the onset of the Syrian crisis in 2011, Lebanon has received the largest influx of refugees from Syria, amounting to date to around a million refugees or almost 25% of Lebanon’s pre-crisis population. This is threatening Lebanon’s institutional and political stability, and putting pressure on already limited public services and infrastructure. With rapid and large scale increase in population, municipalities lack the funds to keep up their service provision, such as providing adequate roads, transportation and street lighting, maintaining adequate waste collection and disposal and delivering core social and community oriented services. For all of these services, because of the emergency needs, funds from planned capital expenditures have been diverted towards operating costs, hindering investments in more cost effective and sustainable solutions. Large scale gaps in key services are now starting to impact longer term development outcomes.
The proposed Project will address urgent community priorities in select municipal services, targeting areas most affected by the influx of Syrian refugees. Interventions would focus on priority areas such as solid waste management, drainage, road maintenance and rehabilitation, water, wastewater and sanitation, street lighting, etc., with the objective of improving sanitary conditions, improving mobility and safety, and strengthening social cohesion in the context of the crisis. The project would also support provision and/or rehabilitation of essential community and social infrastructure, among them parks and similar recreational facilities, community centers, women's centers, etc.
2. Project Description and Components
The project will finance goods, works and services as identified and prioritized by participating unions and communities in the following broad categories:
Municipal services: The proposed project would provide support to municipalities based on the number and share of Syrians hosted, for surge provision of local services such as solid waste management, roads and transportation, water, waste water, sanitation, parks, recreational facilities, and other community infrastructure (women's centers, youth facilities, etc.).
Municipal infrastructure: The proposed project would support relevant central and local agencies to rehabilitate or upgrade most critical capital stock in areas like water supply and sanitation, wastewater, and local roads, etc., based on critical common needs, the readiness of projects, and the availability of funds.
Community activities and programs: The project would allow for investments in social and communal activities or services, where these are deemed by the engaged parties to be beneficial to their situation.
According to initial assessments, refugee-impacted municipalities in Lebanon are likely to undertake/request: (i) procurement of power generators for wastewater pumping stations, street lights, sewage tankers and sewage networks flushing equipment, water tankers and water filters for schools, street cleaning equipment, solid waste compactors, matching garbage bins, earth moving equipment, and other equipment for delivering municipal services; (ii) rehabilitation and construction of civil works, including roads and sidewalks rehabilitation, construction of additional classrooms in schools, playgrounds and public gardens, and community centers; (iii) joint projects of refugee-impacted municipalities and/or unions of municipalities such as small scale wastewater treatment plants and solid waste sorting, recycling, and composting facilities (design capacity are estimated around 10,000 cubic meters per day and 100 tons per day, respectively); and (iv) communal activities that promote social interaction and collaboration, such as sports teams, events, information or outreach campaigns, etc.
3. Objectives and Methodology of the ESMF
Since exact sub-projects are not determined at the onset of project and will be decided during project implementation based on demand and consultations with the concerned municipalities, the instrument of OP 4.01 is determined as Environmental and Social Management Framework (ESMF).
The purpose of this ESMF is to ensure that environmental and social management is integrated into the entire development cycle of individual investments to be financed under the Project. In sections below, a highlight of mitigation process at respective levels of the project cycle is provided. This ESMF is intended to serve as a practical tool to guide identification and mitigation of potential environmental and social impacts of proposed investments and a platform for consultations with stakeholders and project beneficiaries.
This ESMF has been prepared in compliance with the World Bank’s Safeguard Policy OP 4.01 on Environmental Assessment and relevant Lebanese policies on environmental assessment and environmental protection laws. The ESMF identifies the policy triggers for the project, the screening criteria of sub-projects, the environmental and social impacts for the likely sub-projects and the mitigation measures to mitigate the identified risks, assessment of the institutional capacity of the implementing agency and measures for capacity-filling gaps, and an estimate of the budget needed for the implementation of the ESMF and related instruments.
Preparation of the ESMF employed the Economic and Social Impact Assessment of the Syrian Refugee Influx and the Initial Need Assessment to provide an insight into the scope, design and complemented by on-the ground observations and consultations with target municipalities and the Implementing Agency (CDR). The core outcomes of the ESMF process was shared and consulted with key stakeholders, particularly, the municipalities and unions targeted in the project and impacted by the Syrian Refugees influx via a workshop organized in Beirut at CDR on March 12, 2014. The Final draft of the ESMF has been reviewed and cleared by the Bank and disclosed on the web site of CDR and available at the premises of the targeted municipalities on April 10, 2014. The ESMF has been also disclosed on the Bank infoshop on April 10, 2014.
4. Environmental and Social Risks and Mitigation Measures
Project is expected to produce substantial positive environmental impacts through improved community service delivery. In terms of solid waste management, improved capacity of the targeted municipalities is expected for collection, recycling, composting, and thus reduction in landfill disposal. The interventions are expected to improve water supply to schools, improved quality and continuity of wastewater networks collection and treatment. The interventions for road rehabilitation and street lighting are expected to improve access and road safety and reduce dust. The community centers, playgrounds, and gardens will improve the overall environmental and social conditions in targeted communities.
The negative impacts anticipated for the project activities are minor and of temporary nature during the construction phase, including dust, noise, waste generation, disruption to traffic and movement, damages to existing utilities, and easily mitigated by the environmental and social management plans (ESMPs). Environmental Health and Safety procedures (EH&S) during construction and operational phases will be also prepared for sub-projects as necessary.
Mitigation at construction stage will take place as part of the contracts for Civil Works which will therefore bear clauses binding respective contractors to undertake impact mitigation as per the Design Report. Municipalities in their capacity will monitor activities of contractors to ensure delivery as per contracts. Mitigation measures of the ESMP during the operation phase of the project are the responsibility of the concerned municipalities. The ESMF includes generic tabular ESMPS for expected projects which include the environmental impacts, their mitigations, and responsibilities.
5. Application of the ESMF
The ESMF will applied to (i) ensure that environmental and social considerations are integrated upstream of the planning process, and (ii) ensure that investment in infrastructure and service delivery improvements streamline application of the ESMF which requires that EMPs and RAPs will be developed for individual investments to ensure management of environmental and social impacts during sub-projects planning, design, and implementation.
The project is classified as environmental category “B”, in accordance with Operational Policy OP 4.01. No sub-projects of category “A” will be eligible for funding. For the projects described in item (iii) above, ESIAs will be prepare, all risks defined and quantified, including site sensitivities which might entail a higher environmental category. Eligibility will be contingent on alternatives (including site selection) that exclude any of the environmental, social, or cultural sensitivities. For procurement of goods under item (i) above, in lieu of a subproject ESMF, guidelines for use and handling will be developed and applied within the provisions of the bidding documents and technical specifications.
No impacts on physical and cultural resources or natural habitats are anticipated under the project. A chance find procedure is included in the ESMF in case chance finds are encountered during project implementation.
Land requirements are expected to be of small nature and sub-projects investments are expected to be carried out in municipality-owned lands or government owned lands. However, the project implementation might result in impacts on squatters or encroachers approaching to government lands or involuntary taking of land, therefore, the project will trigger the Bank policy on Involuntary Resettlement OP 4.12. A resettlement policy framework (RPF) has been prepared according to the World Bank policy and relevant Lebanese laws and regulations as a guideline for resettlement preparation and implementation.
Whenever determined necessary, ESIA (and RAPs) studies will be prepared for eligible infrastructure sub-projects to assess and quantify the environmental and social impacts according to the provisions of the ESMF and RPF. Screening and follow-up ESIA study will yield an Environmental and Social Management and Monitoring Plan (ESMP) – a generic version of which is outlined below which will be consulted with local communities and affected people, reviewed and cleared by the Bank, and disclosed both locally and at the Bank infoshop.
For all subprojects which may include civil works, i.e., items (ii) and (iii) above, a social and environmental safeguards screening tool will be applied, along with the specific sub-project level instruments that will be necessary to cover both social and environmental aspects, including sub-projects Environmental and Social Impact Assessment (ESIA) if determined necessary, and Environmental Management Plan (EMPs). Additional measures will support the implementation, monitoring, and compliance to the ESMF, including; (a) annual fiduciary audits/ post-review of a subset of sub-projects with respect to design and implementation of EMPs, and (b) project supervision missions by the Bank will include social and environmental implementation expertise to support client during the entire project cycle.
[pic]
Figure 1: Schematic presentation of the ESMF management process
6. Responsibility for Environmental Management and Monitoring
CDR is familiar with the provisions of the Bank’ safeguards policies relevant to this operation, particularly, implantation and monitoring of ESMF and related instruments due to their experience with the Cultural Heritage and Urban Development Project (CHUD) and will be responsible for implementing the provisions of the ESMF and its related instruments and monitoring compliance of targeted municipalities and their contractors with the provisions of the projects EMPs and Safeguards management of this operation will benefit from the safeguards modalities established under CHUD, i.e., the existing Project Management Unit (PMU), the provision of Environmental Consultant, and will utilize and build on the existing safeguards documentation including baseline reports, ESMF, subproject screening checklist, a safeguards monitoring and evaluation framework, municipality toolkits, social and environmental audits. Capacity gaps during implementation will be addressed by a provision of appropriate skills and/or further training.
An Environmental Consultant who will be recruited by CDR will support the project PMU during the screening process of sub-projects, preparation of the sub-project specific ESIA and EMPs, ensuring proper consultations are conducted during project appraisal and preparation, monitoring compliance of municipalities and their contractors with the provisions of the EMPs and related provisions in the bidding documents, and regular reporting to CDR on environmental compliance.
7. Cost Implication of the ESMF
Total financial implication for implementing the ESMF is currently estimated at US$ 200,000, in line with the CHUD project, to cater for the costs of the consultant, baseline collection, specific ESIA studies and EMPs, monitoring (annual audits), reporting, and capacity building to the PMU and targeted municipalities.
CHAPTER ONE: INTRODUCTION
1.1 Project Background
Since the onset of the Syrian crisis in 2011, Lebanon has received the largest influx of refugees from Syria, amounting to date to more than a million refugees and about 25% of Lebanon's pre-crisis population. This is threatening Lebanon's institutional and political stability and putting pressure on already limited public services and infrastructure. The Syrian refugees live amidst Lebanese communities, competing with them for services and jobs and contributing to escalating tensions.
Public authorities have been struggling with ensuring access to and quality of public services provided to citizens. For example, in the Northern and Beka'a regions, where the largest number of refugees is settled, over 30% of households are without a public water connection. More than 440 informal tented settlement and collective shelters in public buildings within hosting communities have inadequate temporary latrines. The Economic and Social Impact Assessment of the Syrian Conflict (ESIA) has estimated that an additional spending ofUS$2.5 billion may be required for stabilization- i.e., to reinstate the access to and quality of public services to their pre-crisis levels. In the municipal sector alone, the estimated requirements for stabilization for just 2012-14 are about US$200 million. With rapid and large scale increase in population, municipalities lack the funds to keep up their service provision, such as providing adequate roads, transportation and street lighting, maintaining adequate waste collection and disposal and delivering core social and community oriented services. The influx has also seriously damaged the existing capital stock of infrastructure, be it wastewater treatment facilities, roads, drainage or sewage. For example, cities like Akkar, Zahleh or Ba'albek have experienced large scale in increase in traffic and this has led to the rapid deterioration of the road network and greater number of accidents. With regards to solid waste management, the cumulative fiscal impact on municipalities over 2012-14 is estimated at US$71 million, to expand common facilities like landfill sites. Large scale gaps in key services are now starting to impact longer term development outcomes.
The arrival of a large number of Syrian refugees has further challenged the already delicate societal and inter-communal balance in Lebanon. Refugee presence has reawakened fears associated with difficult legacy between the hosts and refugees and has amplified many of the existing inter-Lebanese communal and sectarian tensions. With lingering crisis and limited support targeting hosting communities, discontent within the Lebanese populations is on the rise. Maintaining and promoting greater positive interaction between Lebanese and Syrian populations and social cohesion between the Lebanese is urgently needed to reduce tensions.
The proposed Project would support relevant Lebanese central and local authorities in improving basic municipal services in cities and town and to the communities most affected by the influx of Syrian refugees. Interventions would focus on priority areas such as solid waste management, drainage, road maintenance and rehabilitation, water, wastewater and sanitation, street lighting, etc., with the objective of improving sanitary conditions, preventing the propagation of diseases, improving mobility and safety, and strengthening social cohesion in the context of the crisis. The project would also support provision and/or rehabilitation of essential community and social infrastructure, among them parks and similar recreational facilities, community centers, women's centers, etc.
1.2 Project Components
The Project consists of three components: (i) Emergency Response; (ii) Rehabilitation of Critical Infrastructure; and (iii) Project Implementation Support.
Component 1: Emergency Response. This component will finance the provision of high priority municipal services (component 1A) and initiatives that promote social interaction and collaboration (component 1B) in all the eleven participating unions of municipalities. Allocation of resources among the participating unions of municipalities will be based on the number of registered Syrian refugees, as collected by UNHCR, considering the number of Syrian refugees as a proxy of the additional stress on local communities. Initiatives will be selected in consultation with local governments and communities, with a decentralized approach to decision-making. These initiatives will provide non-exclusionary benefits addressing some of the most immediate service needs in the unions most affected by the crisis and will be aimed at (i) improving safety and mobility; (ii) mitigating the increasing health and environmental risks associated with the deterioration of water, waste, and sanitation; and (iii) increasing collaboration and interaction amongst the communities.
Subcomponent 1A will focus on improving municipal service delivery in areas such as water supply and wastewater; solid waste management; roads improvement; and recreational facilities and community centers. Subprojects will be small in scale, and will, depending on the expressed needs of communities and municipalities, include small works (such as minor road repair), equipment (e.g. well generators and water filters for schools, etc.) and services (e.g. surge capacity for garbage collection). For the first six months of project implementation and in order to gain credibility, subcomponent 1A will address immediate service delivery requiring simple preparation, prioritizing interventions identified by elected officials at union and municipal levels, and which can deliver quick impacts in the areas of water supply and wastewater, solid waste management, and local roads including lighting. Beyond this period, activities may also include interventions that require longer preparation or implementation, which will be selected through extensive consultations with elected officials and community representatives.
Subcomponent 1B will finance activities that the communities and municipalities find conducive to reduce some of the social tensions stemming from cohabitation. In light of the increasing youth unemployment, communities may demand activities that occupy, inform or entertain the youth. Activities could also be targeting children through after school activities or learning programs, as well as women by facilitating e.g. skills exchanges, child care opportunities. They could also target the communities even more widely through, for example, informational campaigns related to water usage or town events and celebrations. It is thus expected that the activities will be inclusive, but with a particular focus on women, children and the youth.
Component 2: Rehabilitation of Critical Infrastructure. This component will finance more complex works to rehabilitate and/or provide critical infrastructure in the areas of solid waste management, roads improvement, water and sanitation, and community infrastructure. Anticipated types of infrastructure include waste sorting and composting plants, small scale waste water treatments plant or rehabilitation road works exceeding the union allocations under component Due to their larger scale and costs, and given the existing financing envelope, the initial number of unions benefitting from this component may be limited and priority will be given to those demand-driven projects that can generate benefits to the highest number of beneficiaries in several unions. These investments will be identified through extensive consultations between elected officials and community representatives and will be coordinated with relevant line ministries to ensure coherence with sector policies.
Component 3: Project Implementation Support. This component will finance the management of the Project and any support needed for the implementation of the decentralized, consultative approach. The component will cover the costs of the project management unit (PMU) housed in CDR, which will be responsible for implementing the project. The unit will hire the required staff to carry out the responsibilities of the PMU, including coordination, reporting, financial management, procurement, social and environmental safeguards (see Implementation Arrangements). Municipalities and their unions will be in charge of undertaking the consultations with their constituencies, using already established participatory mechanisms and platforms where they exist. The first round of consultations will take place while the initial activities under component 1A are underway to gain credibility and focus. For the currently existing funding envelope, it is anticipated that all subprojects under component 1A and 2 will be identified as well as approximately half of activities under component 1B during this round. It is expected that further rounds will be initiated to allocate the remainder of the funds under component 1B, as well as for any additional contributions to the project. The process will be facilitated by teams of social and technical experts, who will help communities translate the identified challenges into concrete proposals for infrastructure and social activities. Finally, the component may also fund other activities deemed conducive to the promotion of decentralized decision-making, such as knowledge-sharing events between unions themselves or between unions and central authorities.
1.3 Institutional Arrangements
1.3.1 Beneficiary communities, municipalities and unions
The Syrian displacement has impacted Lebanese host communities differently leading to localized stresses and related coping mechanisms. To reflect the priorities of those immediately affected by the crisis, it will be the local population, through their representatives in the municipalities and their unions who will be in charge of identifying the key local stresses and solutions that will be financed through this project. The unions will be primarily responsible for coordinating the participatory process of selection of investments for all project components and municipalities through their unions will thus play a critical role in ensuring a meaningful participatory and inclusive process so that the local demands are effectively expressed and addressed in the best possible way.
Because most municipalities are very small, they are grouped under unions for the purpose of delivering common services. The unions have legal status and financial autonomy, and often transcend confessional boundaries. The eleven targeted unions has been identified in collaboration with CDR based on a list established by UNHCR, UNICEF and the GoL and screened against the following criteria and filters: (i) the relative share and absolute number of refugees to the host population; (ii) security conditions sufficiently stable for project implementation; (iii) absence of similar donor interventions to avoid duplication; and (iv) readiness of counterpart agencies and subprojects, especially at the local level. This list of unions comprises a total of 164 municipalities, which together host approximately 230,000 Syrians that are registered with UNHCR (or approximately 28% of the total number of Syrians registered by the end of January 2014).
Based on the above selection criteria, the project will target the following unions:
• Union of Al Buhaira Municipalities—West Bekaa
• Union of Municipalities of Sahl—West Bekaa
• Union Independence Castle —Rachaya
• Union of Jabal El Sheikh—Rachaya
• Union of Municipalities of Central Bekaa
• Union of Municipalities of Zahle Caza
• Union of Municipalities of Baalbeck and Surrounding Communities
• Union of Municipalities of Tyre (South Lebanon)
• Union of Municipalities of Aarqoub (Cheba’a area – South Lebanon)
• Union of Municipalities of Central and Coastal Qayta’a (Bebnine/Abdeh area – Akkar, North Lebanon)
• Union of Municipalities of Al Shafat (Halba area – Akkar, North Lebanon)
1.3.2 Council on Development and Reconstruction (implementing agency)
In order to promote immediate implementation while also ensuring quality and efficiency, it was agreed to locate the management of all the project components within one single entity. CDR’s mandate and specific experience has revolved around reconstruction and development of Lebanon, which along with its long-standing experience of successfully implementing Bank-financed project made it the most suited leading implementing agency for the project.
To ensure prompt and efficient implementation, the project’s institutional set-up and institutional arrangements will follow the systems and procedures that have already been established under the ongoing Cultural Heritage and Urban Development Project (CHUD), which have proven to be time-tested and effective in working with municipal stakeholders. The CDR, through its dedicated, central unit and technical cells existing at the municipal level, has developed a solid experience and knowledge in providing sustained assistance to the municipalities on both technical and participatory aspects of project implementation, as well as on Bank-related fiduciary and safeguard aspects. To facilitate the process, the already existing safeguard documents prepared for the CHUD are already in the process of being reviewed and revised to suit the specificities of the project.
The CDR project team will include a team of highly experienced engineers and social specialists that will support the unions in the facilitation of the consultation process and in translating the identified priorities into technical and financially sound interventions. For the activities that will be implemented in the first months of the project (as part of component 1), the CDR held a one-day consultation with the representatives of the 11 targeted unions in order to discuss and agree on a priority list of interventions that can be immediately implemented. Procurement and payment will be done by CDR, under fast-track procedures. For all other activities, the team of engineers and social scientists will participate in the community consultation meetings in order to (i) provide technical evidence of the current of state of infrastructure, costs involved, etc. and (ii) support the consultation process with the communities, particularly regarding the selection and content of the social programs under component 1B. The technical experts will consult with relevant line ministries for coherence with sector policies and then assess and prioritize the proposed projects based on their potential number of beneficiaries, readiness, geographical coverage and existing investments and plans in the sector and location.
The implementing agency will be responsible for organizing the project’s mid-term review with the participation of key stakeholders. Given the volatility of the displacement and security situation in Lebanon, the mid-term review would provide the stakeholders an opportunity to review results to date but also to assess updated information related to the targeting of unions with a view to adjust targeting or allocations where necessary.
1.3.3 Lebanon Syria Conflict Trust Fund
The implementing agency will report to the LSCTF according to the trust fund’s reporting requirements. Should additional financial contributions to the project be made through the LSCTF, its Technical Group supported by information and recommendations from the implementing agency will decide upon the allocation of the additional funds following the existing design of the project. In essence, this would entail either an expansion of the envelope available to the already identified unions of municipalities or identify additional union(s) that could participate in the project using its established modalities and component allocations.
1.4 The Environmental and Social Management Framework
1.4.1 The Investment menu
According to initial assessments, refugee-impacted municipalities in Lebanon are likely to undertake/request: (i) procurement of power generators for wastewater pumping stations, street lights, sewage tankers and sewage networks flushing equipment, water tankers and water filters for schools, street cleaning equipment, solid waste compactors, matching garbage bins, earth moving equipment, and other equipment for municipal services; (ii) rehabilitation and construction civil works, including roads and sidewalks rehabilitation, construction of additional classrooms in schools, playgrounds and public gardens, and community centers; (iii) joint projects of refugee-impacted municipalities and/or unions of municipalities such as small scale wastewater treatment plants and solid waste sorting, recycling, and composting facilities (design capacity are estimated around 10,000 cubic meters per day and 100 tons per day, respectively) and (iv) communal activities that promote social interaction and collaboration, such as sports teams, events, information or outreach campaigns etc.
1.4.2 Objectives of the Environmental and Social Management Framework (ESMF)
The objective of this ESMF is to provide an environmental and social management process for the design and implementation of the Municipal Services Emergency Project. This ESMF is intended to be used as a practical tool during project formulation, design, planning implementation and monitoring to ensure that environment and social aspects are duly considered in the planning an implementation process. It describes the steps involved in identifying and mitigating the potential environmental and social impacts of proposed investments.
This ESMF has been prepared in recognition of the fact that Lebanese regulations on EIA include a tool only for pre-assessment of projects based on preliminary environmental information. The provisions of the national laws on EIA will be complemented by those of the World Bank’s OP.4.01:
According to Lebanese Environmental laws, specific investment activities require EIAs, whereas there are no clear EIA requirements for activities of a smaller scale, but which might have negative localized impacts that would require appropriate mitigation. This is the reason why this project will use the environmental and social screening process outlined in this ESMF. This process will identification, assessment, and mitigation of potential negative environmental and social impacts at the conception and planning stages of investment activities, and, if necessary, carry out separate EIAs for investments/ investments should the screening results indicate the need for such.
The Environmental and Social Screening process is enabled by the Environment and Social Screening Form (ESSF) that will allow reviewers to determine the characteristics of the prevailing local bio-physical and social environment which will enable them to assess the potential impacts of activities and the appropriate mitigation/rehabilitation measures required on this environment. The ESSF will also identify potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation. As mentioned earlier, any resettlement and/or compensation measures will be implemented in accordance with the RPF, and will be implemented prior to commencement any investment activities.
The ESMF includes an Environmental and Social Management Plan (ESMP) for the project’s implementation. The ESMP summarizes institutional arrangements for the implementation of mitigation measures, the monitoring, through certain indicators of the implementation of these measures, capacity building needs as well as cost estimates. The proposed screening process would also be consistent with the Bank’s safeguard policy - OP 4.01 Environmental Assessment.
This ESMF has determined the responsibility for environmental and social management to rest with all stakeholders. More specifically, the Municipalities are liable to plan for, implement and supervise environmental mitigation at the design, construction and operation phases of sub-projects. Oversight supervision will be provided by the PMU of CDR.
| |
| |
CHAPTER TWO: INSTITUTIONAL, POLICY AND LEGAL FRAMEWORK
The implementation of the proposed activities under the project must be consistent with all applicable laws, regulations of the GoL and the WB. It is the responsibility of the Implementing Agency to ensure that project activities are consistent with the national and state or municipal/local regulatory/legal frameworks. Additionally, it is also to be ensured that activities are consistent with World Bank policies and guidelines. This section is not a legal opinion on the applicability of the law but serves as guidance to the application of the legal and regulatory provisions to the current project context.
2.1 Institutional Framework
In 1981, a state Ministry of Environment was created for the management of environmental affairs such as the use of pesticides, deforestation and forest fires, solid waste disposal, protection of native biodiversity, etc.
In 1993, Law 216 established the Ministry of Environment (MoE) and defined its mandates and functions. Article 2 of this Law stipulates that the MoE should formulate a general environmental policy and propose measures for its implementation in coordination with the concerned government administrations. The article indicates that the MoE should protect the natural and man-made environment in the interests of public health and welfare, and fight pollution from whatever source by taking preventative and remedial action. The MoE is charged in particular with developing the following aspects of environmental management:
• A strategy for solid waste and wastewater treatment and disposal, through participation in appropriate committees, conducting studies for this purpose, and commissioning appropriate infrastructure works;
• Permitting conditions for new industry, agriculture, quarrying and mining, and the enforcement of appropriate remedial measures for establishments existing before promulgation of this law;
• Conditions and regulations for the use of public land, marine and reverie resources in such a way as to protect the environment; and
• Encouragement of private and collective initiatives that improve environmental conditions.
Law 216 was amended twice according to Decrees 5591/94 and 667/97 so as to strengthen the Ministry and reorganize its mission and prerogatives along four general policy principles; 1) Regionally balanced development, 2) Protection of the environment through preventative measures, 3) Adoption of the polluter pays principle and 4) Integration of environmental policies into other sectoral development policies.
The Ministry of Environment plays also a role in Coastal Zone Management (CZM), as mandated by law 690/2005 that specified the prerogatives of the Ministry as follows:
• The formulation of strategies, policies, programs, and action plans for CZM;
• The development of relevant legislation, and participation in the preparation of international treaties and protocols;
• The promotion of awareness and guidance on CZM issues in the community;
• The specification of environmental guidelines for:
• The classification of establishments
• Master plans for zoning (in cooperation with MoPWT)
• The creation and exploitation of public beaches
• Formulating the strategy, action plans, programs, and studies required for the integrated management of hazardous and non-hazardous solid waste, domestic and industrial wastewater, in addition to monitoring their implementation;
• Protection of the coastal zone and of territorial waters;
• Monitoring air, soil and water quality; recommending preventive and corrective measures, and monitoring their application;
• Regulating hunting and fishing activities in coordination with the MoA;
• Controlling the use and disposal of chemicals;
• Conducting inspection visits and stopping contraventions.
A major step was achieved when, in July 2002, a comprehensive environmental protection law – Law 444 - reflecting the policy principles mentioned above, was introduced. Law 444 sets the fundamental principles that govern the management of the environment and the use of natural resources.
In doing so, the Ministry of Environment does not undertake its environmental management efforts in isolation. Indeed a number of other government ministries and bodies have also environmental responsibilities. The table below lists the main stakeholders concerned with the environment.
|Public Administration |Prerogatives |
|Ministry of Environment (MoE) |MoE reviews, approves or refuses Environmental Impact Assessment reports prepared by |
| |engineering and/or consultancy firms for existing or for potential projects |
|Ministry of Energy and Water (MoEW) |MoEW monitors surface and underground water quality. It also estimates water needs and uses |
| |in all the regions, and identifies the conditions and systems needed for surface and |
| |underground water exploitation. It then develops the schemes for distribution of water |
| |(drinking and irrigation). |
|Ministry of Public Works and |MoPWT manages, via its different directorates, roads, bridges and water channels. Through its|
|Transportation (MoPWT) |different directorates, it manages land and maritime transportation as well as land use |
| |planning. |
|Higher Council of Urban Planning (HCUP) |HCUP is responsible for urban and rural planning. In doing so it reviews designs and plans of|
| |villages and towns, including zoning proposals for these areas. It also reviews project |
| |decrees aiming at expropriation. |
|Ministry of Public Health (MoPH) |MoPH is responsible for safeguarding and improving public health through for example setting |
| |allowable levels for contaminants in water, inspecting water quality in public beaches and |
| |tourist resorts and protecting water resources, specifically coastal underground water |
| |reservoirs. |
|Ministry of Interior (MoI) |MoI stops all kinds of infractions and violations. |
|Council of Development and Reconstruction|CDR prepares all construction and development plans in the country. It also suggests the |
|(CDR) |economic, financial, and social policies needed for the implementation of these plans and |
| |accordingly sets the priorities and presents them to the CoM for approval. |
|Municipalities |Represent the level of local government with legal status, financial and administrative |
| |independence, which exercises powers and responsibilities over the territory it is granted by|
| |law. |
2.2 Main Public Stakeholders
Several stakeholders play an important role in the management of natural resources and livelihood strategies within the Project area. These stakeholders and their mandate relevant to the project are presented in the sections below:
Ministry of Energy and Water (MoEW)
Since its creation, the Ministry of Energy and Water handles water issues and controls water privileges. The new law organizing the water sector – Law 221/2000 - confirmed the ministry’s role in monitoring surface and underground water quality, setting the standards that should be adopted in the studies and execution of public investments related to water as well as identifying the conditions and systems for surface and underground water exploitation. It also enhanced the Ministry’s control over the water amounts extracted from underground aquifers.
Indeed, Article 2 of this Law enumerates the competencies and missions of the Ministry of Energy and Water as follows:
• Monitoring, studying, and estimating the volume of water resources, and estimating water needs and uses in all regions;
• Monitoring the quality of surface and groundwater and establishing relevant standards;
• Developing a general scheme for the allocation and distribution of drinking water and irrigation water throughout the country; designing and continuously updating a Master plan for water to be submitted through the Minister to the Council of Ministers (CoM) for approval;
• Designing, studying, and implementing large water projects such as dams, mountain lakes, tunnels, diversion of riverbeds, water networks, etc., and overseeing their operation;
• Protecting water resources against losses and pollution by elaborating legal texts and taking necessary measures and action to prevent water pollution and restore its initial natural quality;
• Developing standards to be adopted in the studies conducted by Water and Wastewater Establishments, and the implementation of their works; in addition to guidelines and regulations for the exploitation of surface and groundwater and the management of wastewater, and standards for the protection and monitoring of water quality.
Ministry of Public Works and Transportation (MoPWT)
According to Decree 2872/1959 (Organization of the Ministry of Public Works and Transportation) and its amendments, the Ministry of Public Works and Transport is composed of five directorates having each its own prerogatives.
Of all 5 directorates, the Directorate General of Land and Maritime Transport and the Directorate General of Urban Planning are those that are mainly and directly involved in CZM.
Indeed, the Directorate General of Land and Maritime Transport (Decree 1611/1971) is responsible for all matters relating to land and maritime transport, the supervision of ports, marinas, and the public maritime domain, in addition to its authority on the Organization of Railways and Public Transport. Whereas, the Directorate General of Urban Planning (DGUP) is responsible for specifying and organizing land use planning through zoning of regions, specifying allowed investments for different land uses, as well as architectural constraints, and suitable conditions for ensuring the integration of projects within their surrounding from an aesthetic, architectural, infrastructural, environmental, and socio-economic point of view. As for actual enforcement, it is the responsibility of the local authority (municipality/ district) and the Security Forces. The DGUP interferes in the case of complaints, and plays an inspection role upon termination of building construction by verifying the compatibility of facilities with permit conditions and specifications.
On the other hand, the Directorate General of Roads and Buildings (Decree 13379/1998), is in charge of the design, execution and maintenance of roads, bridges, walls, and water channels. The Directorate
also designs, expropriates, subcontracts and supervises works including maintenance of public buildings and assets. The presence of a Department of Environment and Traffic Safety within the Directorate General of Roads and Buildings should be noted, which is responsible for assessing the environmental impact of projected roads, and recommending mitigation measures.
Higher Council for Urban Planning (HCUP)
The Higher Council for Urban Planning (HCUP) that was created in 1983 (decree-law 69/1983) is the party responsible for urban and rural planning. It comprises representatives from CDR, MoIM, MoPWT, MoE, MoC and other concerned ministries, municipalities as well as Order of Engineers and Architects. It can meet with the concerned parties (such as municipalities and public institutions) for discussing issues pertaining to them and it will give opinion regarding
• Designs and plans of villages and towns, and zoning designs
• Project decrees aiming at the creation of real estate companies, conducting expropriation and allotment
• Revision of building permits and allotment
• Projects aiming at modifying urban planning and building laws
Ministry of Public Health (MoPH)
The Ministry of Public Health (MoPH) is responsible for safeguarding and improving public health, through the prevention of disease, supervision of health care institutions, suggestion of new legislation or modification of existing ones. The MoPH consists of Central and Regional Departments, as well as a Department of Projects and Programs.
Besides suggesting the modification of laws and regulations relating to health prevention, as prompted by social and scientific developments; and preparing relevant project laws and decrees, MoPH is also responsible for setting allowable levels for contaminants in water, inspecting water quality in public beaches and tourist resorts and protecting water resources, specifically coastal underground water reservoirs.
The Ministry is also in charge of:
• Conducting studies and suggesting protocols aiming at preserving the environment's safety from threats to public health;
• Formulating project decisions on sanitary and preventive guidelines for all kinds of classified establishments;
• Suggesting specifications and technical conditions required in the construction of sewage and potable water networks, and solid waste collection and disposal projects;
• Suggesting classification of new types of industrial facilities, and re-classifying those that need reconsideration;
• Approval of projects such as the establishment of slaughterhouses and construction of sewage networks. With regards to the Regional Departments (or Public Health Services), they are distributed in all Governorates except in the Governorate of Beirut, and all districts. They are responsible for implementing health protocols in the Governorates, providing preventive and laboratory services. Sanitary Engineers in these services also give their opinion regarding the establishment of slaughterhouses and sewage networks in cities. As for the District Physicians, they monitor potable water quality, solid waste disposal, and sanitary guidelines in residential, recreational and occupational settings.
Ministry of Interior and Municipalities
The Ministry of Interior and Municipalities is concerned with Lebanon's internal policy affairs, encompassing preparation, coordination, and execution; in addition to safeguarding discipline and security; overseeing the affairs of governorates, districts, municipalities, unions of municipalities, the Independent Municipal Fund, mayors, local elected councils, villages, parties, NGOs; and managing motor vehicle and traffic affairs, etc.
The Ministry of Interior and Municipalities is composed of several distinct directorates having different prerogatives as set in Decree 4082/2000.
The Directorate General of Administrative and Local Councils mainly has a supervisory and monitoring role over municipalities, which are themselves directly in charge of CZM and other issues. Overseeing the application of laws and regulations relating to local affairs, municipalities and their unions, and other local councils; suggesting plans and developing studies aiming at the development of local life and activities and promoting public participation in them, and submitting these studies to the Minister of Interior and Municipalities;
The Directorate General of Internal Security Forces plays a monitoring and enforcement role in CZM through an enforcement body consisting of the Coastal Brigade Command and the Coastal Detachments, responsible for implementing laws and regulations relating to coastal control and for sanctioning violations, in coordination with the enforcement body affiliated to the MoPWT. Its duties cover the parts of the coast situated within the municipal authority and outside ports and harbors.
Council for Development and Reconstruction (CDR)
The CDR is a public institution that was created in 1977 - in partial replacement of the Ministry of Planning - to be the Government unit responsible for reconstruction and development. CDR has unprecedented powers to avoid any administrative routine that could slow down the reconstruction process, especially in the financial field. It is financially and administratively independent, and directly affiliated to the Council of Ministers (CoM). Decree 5/1977 specified CDR’s responsibilities which are formulated around 4 main axes (i) Planning, (ii) Consultancy and Guidance, (iii) Financial, (iv) Implementation and Monitoring. These are to be implemented in cooperation with other ministries and stakeholders and can be summarized as follows:
Planning:
• Development of a general plan, consecutive plans and programs for construction and development activities; in addition to the suggestion of economic, financial, and social policy in line with the general plan. All of these plans and policies are submitted for approval to the CoM;
• Developing a budget for the implementation of the general plan;
• Suggesting project laws relating to construction and development and presenting them to the CoM;
• Developing a general guidance framework for urban planning and presenting it to the CoM for approval.
Consultancy and Guidance
• Giving opinion to the CoM on economic and financial relationships with other countries, foreign associations and organizations;
• Getting in contact with foreign associations and organizations for the purpose of seeking economic, cultural, technical and social assistance;
• Preparing and publishing statistical studies relating to economic and social activities and projects;
• Conducting the necessary studies in the developmental and construction fields, or designating qualified parties to conduct them, and suggesting the enhancement of the Council's scientific capabilities;
• Requesting ministries, public institutions, and municipalities to prepare projects in line with the Council's developmental and construction overall objectives;
• Providing relevant information for ministries, public institutions, municipalities, and the private sector;
• Giving suggestions on the creation, development and guidance of financial establishments and companies working on development issues.
Financial duties,
• Securing financing for the implementation of the various projects or programs, the source of funds being the CoM or international donors.
Implementation and Monitoring tasks
• Conducting feasibility studies for construction and developmental projects figuring in the general plan, or preparing programs required for the development of plans
• Executing the projects figuring in the general plan, consecutive plans and programs, in addition to any other construction/development project requested by the CoM. The CDR selects the appropriate public institution, municipality, or company for the execution of these projects, and the appropriate means (bidding, subcontracting, partnership).
• The CDR is the exclusive party responsible for expropriation procedures, and issuing administrative authorizations and licenses, except in the case where the CoM issues them.
• Monitoring of all projects figuring in the plans and programs, and those referred by the CoM, and submitting relevant reports to the CoM
• Monitoring the proper allocation of economic and financial subsidies to their proper targets.
The CDR has developed a General Master plan, including a plan for CZM, organizing land use in Lebanon. This plan encompasses the construction of wastewater treatment plants in coastal cities, the rehabilitation of solid waste dumps, the construction of a coastal highway, among other components. This Master plan has not been approved by the CoM to date a fact that prevents its implementation.
Municipalities
A municipality is the level of local government with legal status, financial and administrative independence, which exercises powers and responsibilities over the territory it is granted by law. The municipal machinery is made up of a decision-making power (invested in the elected municipal council) and an executive power (held by the President of the municipality or Mayor himself). The law grants municipal councils decision making powers and responsibilities relating to all activities of public interest within the municipal area based on a non-exhaustive list which sets out the relevant areas of public interest. According to Decree 118/1977, they are responsible for:
• Determining municipal taxes or fees;
• Developing TORs for services, works and supplies, or for selling municipal properties;
• Accepting or rejecting funds and donations;
• General programs of works, cleanliness, health, water and lighting projects, etc.;
• Planning, rectifying and enlarging roads, creating parks and public places;
• Formulating designs for the town and the master plan in cooperation with the Directorate General of Urban Planning (DGUP);
• Creating parks, courts, museums, hospitals, libraries, sewerage networks, and waste disposal options, etc.;
• Organizing transportation and specifying prices; and
• Approving permit applications for the exploitation of classified shops, restaurants, resorts, cafes, hotels, and all kinds of tourist and leisure facilities.
2.3 Legislative Framework
To date, the current Lebanese environmental regulations are generally scarce with some dating back several decades. Error! Reference source not found. presents an overview of the main environmental legislations found in Lebanon dealing with the management of water resources, solid waste and wastewater as well as air quality and pollution control; these legislations are listed in reverse chronological order.
|Year |Law / Decree |relevant Provisions |
|2002 |Decision 5/1 |Review of “Initial Environmental Examination" report |
|2002 |Decision 6/1 |Review of Scoping report and Environmental Impact Assessment report |
|2002 |Law 444 |Environment Protection Law |
|2002 |Law 432 |Accession to the Stockholm Convention on Persistent Organic Pollutants. |
|2002 |Decree 8018 |Sets procedures and guidelines for the establishment and operation of industrial |
| | |institutions/facilities. It provides for example the distance requirements from water|
| | |resources which vary according to industry classification (Class I, II, III, VI, and |
| | |V). |
|2001 |Decision 5/1 |Environmental Guidelines for the Establishment and/or Operation of Stations |
| | |Distributing Liquid Petroleum Products. |
|2001 |Law 341 |Reducing air pollution resulting from the transportation sector and encouraging the |
| | |use of a ‘greener’ less polluting fuel. |
|2001 |Law 377 |Changed the Ministry of Hydraulic and Electric Resources (MHER) into the Ministry of |
| | |Energy and Water (MoEW) and named the regional water authorities as Water and |
| | |Wastewater Establishments located in Beirut, Bekaa, North Lebanon and South Lebanon. |
|2000 |Draft EIA Decree |This Draft EIA decree is under the Framework of Environmental Law. It stipulates the |
| | |EIA procedures and regulations related to all development projects that have a |
| | |potential impact on the environment. |
|2000 |Law 241 |Reducing the number of Water Establishments to 4. |
|2000 |Law 221 |This Law organizes the Water Sector by regrouping 22 Water Offices and 216 Committees|
| | |in 5 regional Water Authorities. Article 1 of this Law states that the protection |
| | |and development of water as a natural resource, within the framework of environmental|
| | |and ecosystem protection, is a crucial public service. |
|1997 |Law 623 |Implementing penalties for vandalism and theft acts onwater, telephone and |
| | |electricity infrastructures. |
|1997 |Decision 71/1 |Management of Waste Imports. |
|1996 |Decision 52/1 |Specifying the National Standards for Environmental Quality and the Environmental |
| | |Limit Values for Air and Water. |
|1996 |Decision 40/1 |Amendment of decision 22/1 |
|1995 |Decision 22/1 |Enforcement of Environmental Standards for Industries. |
|1994 |Law 387 |Accession to the Basel Convention concerning the control of the trans-boundary |
| | |movement of hazardous waste and their disposal. |
|1991 |Law 58 |Expropriation law which was modified later on by the Law enacted on 12/08/2006 |
|1988 |Law 64/88 |Protection against hazardous wastes that could harm air, water, biodiversity, soil, |
| | |and people. |
|1972 |Decision 67 |Methodology for bacteriological analysis of water. |
|1966 |Law 68/66 |Protection against oil spill discharge from ships into the sea. |
|1933 |Decree 2761 |Guidelines related to Wastewater Management and Disposal |
|1932 |Decree law 16 L | It mandates the establishment of buffer zones for the protection of all surface and |
| | |groundwater resources from any type of activity/potential source of pollution. |
| | |Requirements for buffering are found in Decision 320/26. |
2.4 EIA Draft Decree and Project Relevance to Environmental Protection Law
The Project is governed by Lebanon’s main Environmental Framework Law (Law 444/2002 on Environmental Protection). The Project aims at supplying Greater Beirut with 250m3/d of water in order to compensate the existing deficit and secure sustainable source of water for at least the five coming years. Law 444 lists the different environmental receptors and resources as follows: Physical Environment (Ambient Air Quality & Noise); Soil Quality; Coastal Environment; Marine Biodiversity (fauna & flora); and Public Community (Project affected communities).
A draft EIA decree was issued in 2000 which abides by specifications and standard criteria for environmental standards and requirements and sets principles and measures necessary to assess the environmental impact of development projects (refer to Environmental Protection Law No. 444/ 2002). The draft EIA decree comprises sixty-eight articles that address the objectives of the regulation, definitions, as well as various stages of the national EIA l process such as screening, scoping, implementation, and review of the EIA report, in addition to the period of validity, and the appeal process. The EIA draft decree also lists all the activities for which EIA or permit conditions are mandatory, and those that require an Initial Environmental Examination (IEE) (refer to Appendices 1, 2 and 3 of draft EIA decree).
2.5 Relevant Environmental Standards
There are two main legislative texts that set the environmental standards for Lebanon as shown in table below.
|Relevant Standards |
|Ministerial Decision No. 8/1, MoE |30/1/2001 |Updates/replaces Decision 52/1 by developing National Standards for |
| | |Environmental Quality (NSEQ) related to air pollutants and liquid waste |
| | |emitted from classified establishment and wastewater treatment plants |
|Ministerial Decision No. 52/1, MoE|29/7/1996 |Environmental Quality Standards & Criteria for Air, Water and Soil |
These decisions have assigned the particulate inorganic pollutants, gaseous inorganic pollutants and cancer causing pollutants into groups; as presented in table below.
|Particulate Inorganic Pollutants |
|Group I |Group II |Group III |Group IV |
|Cd, Hg, TI |As, Co, Ni, Se, Te |Sb, Pb, Cr, CN, F, Cu, Mn, Pt, |- |
| | |Pd, Rh, V, Sn | |
|Gaseous Inorganic Pollutants |
|Group I |Group II |Group III |Group IV |
|AsH3, ClCN, COCl2, HP |HBr, Cl2, HCN, HF, H2S |HCl not mentioned at Group I |SOX, NOX |
|Cancer causing pollutants |
|Group I |Group II |Group III |Group IV |
|Asbestos, Benzo(a)pyren, |Arsenic Oxides, several Chrome |Acrylnitril, Benzene, |- |
|Beryllium and its breathable |(VI) and Chrome (III). |1,3-Butadien, | |
|compounds calculated as Be, |Combinations calculated as Cr, |1-Chlor-2,3-epoxypropan | |
|Dibenz(a,h) anthracen, |Cobalt, Nickel and its breathable|(Epychlorhydrin), | |
|2-Napthylamin |compounds calculated as Co/ Ni, |1,2-Dibromethane, | |
| |3,3’-Dichlorbenzeden, |1,2-Epoxypropane, Ethyleneoxide, | |
| |Dimethylsulphate Ethylenimin |Hydrazine, Vynilchloride | |
These decisions have also set the specifications and standards for various pollutants as described below:
Ambient Air Quality Standards Error! Reference source not found.he table below presents the maximum allowable limits for air emissions as set in Decision 8/1.
|Parameter |Emission limit value |Remark |
|Dust |200 mg/m3 (for new facilities) |Not containing hazardous compounds |
| |500 mg/m3 (for existing facilities) | |
|Particulate Inorganic Pollutants |
|Group I |1 mg/m3 |Mass flow > 5g/h |
|Group II |10 mg/m3 |Mass flow > 25g/h |
|Group III |30 mg/m3 |Mass flow > 50g/h |
|Gaseous Inorganic Pollutants |
|Group I |1 |Mass flow > 50g/h |
|Group II |5 |Mass flow > 300g/h |
|Group III |30 |Mass flow > 1,000g/h |
|Group IV |500 |Mass flow > 10,000g/h |
|Gaseous Organic Pollutants |
|Group I |20 |Mass flow > 500g/h |
|Group II |100 |Mass flow > 4,000g/h |
|Group III |200 |Mass flow > 6,000g/h |
|Cancer Causing Pollutants |
|Group I |0.2 |Mass flow > 5g/h |
|Group II |2 |Mass flow > 10g/h |
|Group III |10 |Mass flow > 50g/h |
Water pollutants:
Standards of pollutants being discharged into water bodies were set in Decision 52/1 and updated in Decision 8/1, as described in table below.
|Substance |Limits for WaterBodies |
| |Sewerage system |surface water |sea |
|Color |none |none |none |
|pH |6-9 |6-9 |6-9 |
|Temperature |35ºC |30 ºC |35ºC |
|BOD (5 day, 20ºC) |125 mg/l |25 mg/l |25 mg/l |
|COD (dichromate) |500 mg/l |125 mg/l |125 mg/l |
|Total Phosphorus |10 mg/l |10 mg/l |10 mg/l |
|Total Nitrogen |60 mg/l |30 mg/l |30 mg/l |
|Suspended solids |600 mg/l |60 mg/l |60 mg/l |
|AOX |5 |5 |5 |
|Detergents |- |3 mg/l |3 mg/l |
|Coliform Bacteria 370 C in 100 ml[1] |- |2,000 |2,000 |
|Salmoellae |Absence |Absence |Absence |
|Hydrocarbons |20 mg/l |20 mg/l |20 mg/l |
|Phenol Index |5 mg/l |0.3 mg/l |0.3 mg/l |
|Oil and grease |50 mg/l |30 mg/l |30 mg/l |
|Total Organic Carbon (TOC) |750 mg/l |75 mg/l |75 mg/l |
|Ammonia (NH4+) |- |10 mg/l |10 mg/l |
|Silver (Ag) |0.1 mg/l |0.1mg/l |0.1 mg/l |
|Aluminium (Al ) |10 mg/l |10 mg/l |10 mg/l |
|Arsenic (As) |0.1 mg/l |0.1 mg/l |0.1 mg/l |
|Barium (Ba) |2 mg/l |2 mg/l |2 mg/l |
|Cadmium (Cd) |0.2 mg/l |0.2 mg/l |0.2 mg/l |
|Cobalt (Co) |1 mg/l |0.5 mg/l |0.5 mg/l |
|Chromium total (Cr) |2 mg/l |2 mg/l |2 mg/l |
|Hexavalent Chromium (Cr VI+) |0.2 mg/l |0.2 mg/l |0.2 mg/l |
|Copper total (Cu) |1 mg/l |0.5 mg/l |1.5 mg/l |
|Iron total (Fe) |5 mg/l |5 mg/l |5 mg/l |
|Mercury total (Hg) |0.05 mg/l |0.05 mg/l |0.05 mg/l |
|Manganese (Mn) |1 mg/l |1 mg/l |1 mg/l |
|Nickel total (Ni) |2 mg/l |0.5 mg/l |0.5 mg/l |
|Lead total (Pb) |1 mg/l |0.5 mg/l |0.5 mg/l |
|Antimony (Sb) |0.3mg/l |0.3mg/l |0.3mg/l |
|Tin total (Sn) |2 mg/l |2 mg/l |2 mg/l |
|Zinc total (Zn) |10 mg/l |5 mg/l |5 mg/l |
|Active (Cl2) |- |1 mg/l |1 mg/l |
|Cyanides (CN- ) |1 mg/l |0.1mg/l |0.1mg/l |
|Fluorides (F) |15 mg/l |25 mg/l |25 mg/l |
|Nitrate (NO3-) |- |90 mg/l |90 mg/l |
|Phosphate (PO43-) |- |5 mg/l |5 mg/l |
|Sulphate (SO42-) |1,000 mg/l |1,000 mg/l |1,000 mg/l |
|Sulphide (S2-) |1 mg/l |1 mg/l |1 mg/l |
Noise Levels
The Tables below present respectively the noise levels and the occupational Noise Exposure standards allowed for and set in Decision 52/1.
|Region Type |Limit for Noise Level dB(A) |
| |Day time |Evening time |Night Time |
| |(7 a.m.- 6 p.m.) |(6 p.m.- 10 p.m.) |(10 p.m.- 7a.m.) |
|Residential areas having some construction sites or |50-60 |45-55 |40-50 |
|commercial activities or that are located near a road | | | |
|Urban residential areas |45-55 |40-50 |35-45 |
|Industrial areas |60-70 |55-65 |50-60 |
|Rural residential areas |35 – 45 |30 – 40 |25 – 35 |
|Duration per day (hrs) |Sound level dB(A) |
|8 |85 |
|4 |88 |
|2 |91 |
|1 |94 |
|½ |97 |
|¼ |100 |
2.6 World Bank’s Safeguards Policies
The World Bank’s ten safeguard policies are designed to help ensure that projects proposed for Bank financing are environmentally and socially sustainable, and thus improve decision-making. These operational policies include:
• OP 4.01 Environmental Assessment;
• OP 4.04 Natural Habitats;
• OP 4.09 Pest Management;
• OP 4.11 Cultural Heritage;
• OP 4.12 Involuntary Resettlement;
• OP 4.10 Indigenous People;
• OP 4.36 Forests;
• OP 4.37 Safety of Dams;
• OP 7.50 Projects on International Waterways;
• OP 7.60 Projects in Disputed Areas.
In preparing this ESMF, all the categories of investments were screened against the 10 World Bank safeguard policies and it was determined that the following 3 are triggered, OP 4.01 on Environmental Assessment, OP 4.12 on Involuntary Resettlement, OP/BP 4.09 on Pest Management. For detail description of the Bank’s safeguard policies, please refer to www: .
Environmental Assessment (OP 4.01)
For all projects financed by the Bank, environmental screening is conducted according to the environmental impacts expected of the project, and all projects are assigned an environmental category, A, B, C, or FI, with a decreasing order of environmental impact severity. The instruments for this policy vary from a strategic environmental assessment, environmental and social management framework, environmental and social impact assessment, depending on the project specific circumstances. This project has been assigned environmental category “B” since the environmental impacts are expected to be minimal, during the construction phase, and can be mitigated via an environmental management plan.
Involuntary Resettlement (OP 4.12)
Significant efforts are to be made in the design and screening stages of the construction phase to avoid adverse impacts on people, land, property, including people’s access to natural and other economic resources, as far as possible. The RPF sets the guidelines for the Resettlement and Compensation Plans (RAPs) that would have to be prepared when any program investment triggers this policy. The RAPs would also have to be approved by the Bank as a condition for that particular municipality to have its construction project financed.
Triggers to other WB safeguard policies:
Possibilities of triggering other WB safeguards are only either circumstantial or peripheral. It is not expected that any of the components in the project areas will involve construction of dams and therefore OP 4.37 (Safety of Dams) is not triggered. However, given the possibility of construction of oxidation ponds, some peripheral trigger is likely.
It is not anticipated that the project may have any adverse impact on people identified as indigenous, and therefore OP 4.10 is not applicable. However, given the tendency for municipal dump yards and sewage treatment plants to be cited way out of town, it becomes important that these two be screened against OP 4.04 on Natural habitats and OP 4.36 on Forestry Policies need to be viewed from precautionary principles and their applicability will be checked for individual investments.
Public Consultations and Disclosure Policy
The Bank requires that stakeholder consultations be undertaken during planning, implementation and operation phases of the project. These consultations were carried out on March 12, 2014. The process followed for public disclosure of the ESMF is as follows. The draft report will firstly be made publicly available to project-affected groups by making the report available on the internet (CDR web site) and the premises of targeted municipalities. Following comments received and revisions duly carried out, the ESMF will be officially submitted to the World Bank, and made publicly available on the WB’s Infoshop.
CHAPTER THREE: ENVIRONMENTAL BASELINE
This chapter presents background data and information on the environmental conditions in three cities, namely, Tripoli, Tyre, and Baalbeck. The data and information have been synthesized and are presented independently for each city, although coastal cities tend to exhibit similar characteristics. The cities are mostly urbanized and therefore, the data is focused on the physical and socio-economic environment rather than on the biological environment. The targeted municipalities and unions targeted by the LMSEP are clustered around those cities and expected to have similar environmental and social characteristics. However, baseline information specific to the targeted municipalities will be gathered at the inception stage of project implementation.
3.1 Tripoli
Climate: the climate in the region of Tripoli is sub-tropical, Mediterranean with warm and dry summer and fall (May to October), and moderately cold, windy, and wet winter (October to April). The average annual precipitation is 1,015 mm (Batroun station, altitude 20 m) while the average annual humidity is 70 percent. The average temperature is 28°C in summer, 10°C in winter, and the annual mean temperature is 20°C. The maximum daily-recorded temperature has been 39.6°C. Temperatures above 30°C occur for around 46 days per year. Days with temperature below 0°C are very seldom. The difference between day and night temperatures is usually 7°C. Prevailing winds are from the West and Southwest, while winds from the East and Northeast occur less frequently (85 percent vs 15 percent).
Hydrogeology: the karst within the region of Koura-Zgharta-Tripoli has no impermeable cover on synclines and faults, and thus is vulnerable to environmental stress. Continuous aggression to the environment (sewage inflows, domestic solid wastes, industrial, agricultural and gas station effluents and discharges) contributes to the degradation of soils and groundwater quality. It is thus of utmost importance to eliminate or reduce these aggressions.
Water Supply: water is supplied to the greater Tripoli area from three main sources that have a combined flow of 50,000 m3/d. The three sources are: The Hab spring, the Racheine springs, and groundwater aquifers. The Hab source supplies Tripoli with more than 40,000 m3/d. Its water treatment works are currently not operational, and thus poor and uncontrolled quality water may be supplied directly to the system. In addition, the system is not capable to meet current water demands, the major part of the network is very old, undersized and a high percentage of water is wasted through leaks and careless practices. It is estimated that overall losses due to leakage, illegal connections, and losses at households reach around 60 percent of the capacity of the water flowing into the system.
Coast: the coast and the beaches around Tripoli suffer from the uncontrolled discharge of untreated wastewater and open dumping of solid waste. This practice is adversely affecting the quality of the coastal waters. Another problem is sand dredging from the seabed, which has a significant impact on marine ecology, coastal morphology, beaches, and fisheries. Furthermore, the seabed might have become a pollution sink as a result of long term contamination of coastal water and any major disturbance of the seabed such as dredging for sand, could release many contaminants into the marine environment.
Wastewater: Tripoli is generally served by a wastewater system and a separate storm water drainage system, although at some places the system is a combined one. At present, sewage is either directly discharged into the sea through pipelines and channels or indirectly via coastal streams. The existing An average of 70 percent of the population are connected to the system which was constructed in the 60’s for a planning horizon up to the year 2000 and a population of 220,000 only. The system is consequently undersized and non-functional due to the destruction of crucial facilities such as the El Mina pumping station and the sea outfall during the war and the clogging and silting of numerous sewer lines. wastewater collection system (some 130 km of pipelines) does not cover the entire city. In the absence of a proper collection system, several houses resorted to the discharge of their sewage to an old network of irrigation canals. As a result, raw sewage is directly discharged to land, rivers, and sea at more than thirty points in the city. Pollution and eutrophication all along the coastline constitute a serious threat to public health. The most polluted sections are near the temporary storage outlet at the tip of El Mina and the mouth of Wadi Bahsas at the southern side of Tripoli. In the old city center, the wastewater collection system is obsolete. Wastewater is directly discharged to the Abou Ali River or to an irrigation channel. In other cases, wastewater is discharged in septic tanks or indirectly to the soil through artificial wells. In some locations, the situation is extremely intolerable for hygienic reasons and the odors emanating to the vicinity are unbearable.
Solid Waste: the average generation rate of solid waste in Tripoli is about 0.65 kg/capita/day, thus resulting in a total of 382 t/d that have long been dumped in an open area on the exit of the Abou Ali River. The inefficiency of garbage collection has transformed the river and the streets of the old town into a dumping ground. Solid waste can also be seen dumped along the roadsides, in vacant lots, or directly burned in the streets causing various problems. Industrial solid waste and medical waste are mixed with municipal waste. Waste lubricating oils are disposed of at waste dumps or directly into sewers. In 1997, the Tripoli Municipal Union benefited from the Solid Waste Environmental Management Plan (SWEMP) World Bank project and received street cleaning and washing vehicles, as well as waste collection trucks and curbside containers. The project also aimed at the rehabilitation of the old dump and transforming it into a sanitary landfill. Municipal solid waste from Greater Tripoli is currently collected by a private company, and disposed of in the Tripoli landfill. Solid waste in the old city streets is collected manually since the roads of the souks are narrow and are inaccessible to standard collection vehicles. Waste bins are not available in those streets and litter and bad odors were noted in the streets during the filed visit. For instance, in the fruits and vegetables market, waste and leftovers are thrown in front of the stores, and sweepers from the municipality collect the waste in the late afternoon.
Air Quality: a field monitoring survey was conducted at a total of 10 stations representing different areas of Tripoli. Measurements were made at several intersections inside the busy streets of Tripoli and inside the old city. Results showed that Carbon Monoxide (CO), Sulfur Dioxide (SO2) and Nitrogen Dioxide (NO2) and Total Suspended Particulates (TSP) concentrations exceed WHO standards at most locations during daytime, due primarily to traffic congestion and associated vehicle-induced emissions, and construction activities. The ambient air quality at the Citadel monitoring location exceeded the WHO guidelines for PM10 and SO2. The Rashid Karame Boulevard near the Citadel is affected by heavy traffic congestions and flow during the evening period when most of the people are returning back from work. Similarly, the two other locations monitoring locations revealed high SO2 concentrations during daytime exceeding WHO guidelines due to traffic congestion during peak noon time were most of the commercial activities take place along the market area.
Noise: the noise level was recorded inside the old city center during daytime and nighttime hours on an hourly basis. Most average noise values (Leq) exceeded the US Federal Highway Administration (FHWA) noise abatement criteria of 72 dBA in developed and urbanized lands. The noise levels recorded during the night were similar to those measured during the day, highlighting the nightlife activities in the city. The Lebanese and WHO noise standards are 50 dBA during the night and were exceeded in all measurements. Noise monitoring was also conducted as part of the environmental baseline survey in 2008-2009, at the same locations as those selected for air quality monitoring. The ambient noise level (Leq) readings for the three monitoring locations exceed the Lebanese maximum allowable noise limit standards for both daytime and nighttime period (40 to 60 dBA). The main source of noise pollution is the traffic and commercial activities in the area.
3.2 Tyre
Situated along the Mediterranean coast, around 80 km to the south of Beirut and 26 km north of the Lebanese southern borders, Tyre functions as the administrative and regional center of the Mohafaza of the South Lebanon. It is a small, rocky peninsula on one of the largest and richest plains of the Lebanese coastline. The seashore to the south of Sour has the longest and widest stretch of sand beaches. The fishing harbor surrounded by fishing installations and traditional living quarters constitute the heart of the ancient city.
Climate: a Mediterranean climate characterized by dry summers and wet winters prevails in the Tyre region. The coastal region receives an amount of 700 to 800 mm of rainfall per year concentrated in the winter during a period of four months from November to February. Temperatures vary with the seasons. The average values of the mean monthly temperature in summer and winter are 37 and 14 oC, respectively. The humidity is relatively constant being always high with a maximum of 80 percent during the month of August. The difference in temperature and relative humidity for winter and summer months usually ranges between 10 to 15 oC and 10 to 12 percent, respectively. The prevailing wind direction and speed vary with the season. During February to August, the Southwestern winds prevail. During the rest of the year, the western winds are strong enough to be easily detected. There are also local winds known as coastal winds, blowing from the coast in the afternoon, and shore winds blowing from the sea during daytime.
Water Resources: South Lebanon is known for the scarcity of its surface water in spite of its relatively abundant rainfall. The geological layers dip towards the west and northwest, and the geographical slope also runs in approximately the same direction, at no more than 40 meters per kilometer. The geological formations are extremely fragmented with an impermeable layer often separating them. As a result of this combination, a large quantity of groundwater is available in the Tyre region. In fact, while devoid of perennial surface water sources, the Tyre region is sitting on a groundwater basin whose estimated flow might exceed 50 million cubic meters per year.
Water Quality: the major groundwater source is the Cretaceous limestone layer. The water from this aquifer is of very good quality with no microbial pollution. The upper Eocene layer, which is also used as a source of water for private wells in the Tyre area, is much polluted as a result of the poor condition of the sewerage network and the presence of large numbers of septic tanks in nearby areas not yet served by a collection system. Seawater intrusion due to over pumping is also a remarked phenomenon along the coastline area. The Litani River, lying to the northern boundary of the study area is polluted due to wastewater and industrial wastes discharges. The seawater along the coast is polluted due to the discharge of wastewater into the sea, particularly in the harbor area. Drinking water quality is variable. While the water is filtered and chlorinated before being distributed to users, damage and neglect to the distribution system give rise to irregular supply pressures and can pollute the network.
Water Supply: the city of Tyre is supplied by water from Ras El Ain and Rashidiyeh springs at an estimated volume of 10,000 to 15,000 m3/day and 6,600 m3/day, respectively. The water supply is regular and constant, although the city suffers from the inadequacy of supply during the summer months. As such, many private and community wells have been drilled to supply the region with drinking water, in addition to the Government’s wells of Ouadi Jilo (15,000 to 20,000 m3/day). The water distribution system inside the old city is connected to the main distribution line. Some pipes are installed in an inadequate manner on the ground surface, or are insufficiently backfilled, which makes them susceptible to pollution. No storage reservoir exists in the area. The water consumption is currently in the order of 100 l/c/d while the future daily water demands require 260 l/c/d (for the year 2040). Recent water supply studies kept the existing system and developed a design of a new network around the city to meet its future demands.
Wastewater and Storm Water: part of the wastewater in the old city is conveyed to a pumping station neighboring the fishing port that pumps the wastewater to an old sea outfall on the western side of the city (Error! Reference source not found.). A new wastewater treatment plant with a sea outfall is under construction in the Abbassiyeh area for the overall caza of Tyre. The present wastewater collection system consists mainly of pipes in principal venues, rectangular channels in internal streets serving both for wastewater and storm water drainage, and main pumping lines from the pumping station to the sea discharge point (two 500 mm pipes). The wastewater that is mixed with the storm water drainage system is also discharged into the sea through 5 main outlets to the north of the fishing port. The pumping station receives wastewater from several regions outside the study area, namely from El Raml, El Bass, and Abbassiyeh. The pumping station consists of three pumps with one of them is not operational and the others suffer from major maintenance problems causing wastewater overflows into the sea.
Solid Waste: The average solid waste generation rate for Tyre is reported at 0.7 to 0.9 Kg/capita/day. Thus, Tyre generates around 49 t/d of solid waste that is being collected by the municipality and is currently disposed of improperly in open dumps in the area surrounding the city. Solid waste from the old market (at Bawabeh square) is collected and stored in a large storage container located in parking lot. Under-capacity waste storage bins also exist along Hiram Street resulting in inadequate waste storage around the bins causing visual intrusion, odour and leachate spills to the surrounding street. A material recovery and composting plant is constructed and completed in mid 2011, but still partially operianal. The proposed plant will serve Tyre city and several village located in the Tyre Caza.
Air Quality: ambient air quality readings for SO2 and CO concentration levels at three monitoring locations were below the WHO guidelines. However, PM10 concentration exceeded the limits at the Awqaf square and along Hamra (Hiram) Street. This is mainly attributed to the high traffic congestion at the square (two way streets) during peak commercial activity time in the morning and noon time and during nighttime along the Hamra Street. Traffic congestion at both locations is mainly attributed to the high commercial activities in both streets and in many cases due to limited traffic flow (narrow streets with two way direction), frequent drop off stops and double parking resulting the lower traffic speed and regular traffic congestion.
Noise: Baseline noise level monitoring was conducted at the same locations as those selected for air quality monitoring locations. The ambient noise level (Leq) readings for the three monitoring locations exceeds the Lebanese maximum allowable noise limit standards for residential and commercial areas for both daytime and nighttime period (45 to 60 dBA). The main source of noise pollution is the traffic and commercial activities in the area. The lowest noise level was recorded in the Harbor area which has lower traffic flow especially during the afternoon period when most of the commercial activities (fishing, shops, etc.) and the administrative activities (Saraya, etc.) are closed.
3.3 Baalabek
Baalbeck is located 86 km east of Beirut, at an altitude of 1,100 m, and is surrounded by vast agricultural plains of the North Bekaa region. Baalbeck city, the administrative capital of the region, is located in a micro-region that includes the three adjacent villages of Younine, Douris, and Iaat. The major cultural heritage zone in Baalbeck includes the historic core of the city and the archaeological sites, namely the Roman temple of Jupiter, Venus and Bachus, located inside the Qalaa, as well as the adjacent site known as the Bouleuterion.
Climate: the climate in Baalbeck is dry and arid, with low precipitations due to its geographic location in the Bekaa plain between two mountain chains (East and West). Winters are cold while summers are hot and dry. Rain showers are scattered between October and May and accompanied with snowfall between December and February. The annual cumulative rainfall is about 410 mm. The mean annual humidity is 56 percent reaching 67 percent in winters and decreasing to 46 percent in summers. Temperatures vary with seasons from a low of -6.2oC in February to as high as 40 oC in August with a mean monthly temperature of 15oC. The prevailing winds are normally Northeast and southwest due to the geographical location of Baalbeck within the internal corridor between the two mountain chains. The northeast wind prevails normally during the winter while the southwest wind prevails for the remaining of the year.
Water Resources: the geological formations, notably the Turonian, form an exploited aquifer in the region with many springs.
Water Supply: The existing source of domestic water supply for Baalbeck consists of 2 springs (Loujouj and Ain Bordai) and seven wells providing 19,650 m3/day. The Ras el Ain spring is not suitable for domestic water use without prior treatment due to environmental aggression. Field observation revealed that Ras El Ain spring and the channel is connected to a series of water pumps and pipelines withdrawing water for domestic and cleaning use purposes. An additional seven boreholes were also installed (Oumouchki and Al Moudawar area) with an estimated yield of 23,700 m3/day. The combined flow is in the order of 44,790 m3/day. The storage facilities consist of four main reservoirs with a capacity of 10,750 m3/d. The total storage capacity is about 50 percent of the water demand for the year 2017, considering that each household has a one-day storage capacity. Baalbeck water demands are estimated at 110 l/c/d in 2007 and are expected to reach 122 l/c/d in 2017. The water distribution system is generally old and in poor conditions. It does not extend to the new areas of the city and has not been renovated since the 1970s. The Baalbeck authority continues to distribute water through gauges that are not calibrated. In addition, many service connections were damaged by infrastructure works. The water losses are high and exceed 30 percent. Pipe connections between the main water distribution facility and many households are non-existent. People depend largely on polluted wells or resort to buying water in cisterns for their daily water supply.
Water Quality: the water quality analysis of water wells and existing springs in 2001 indicated that the water quality is chemically acceptable, exhibiting indicator levels below the maximum allowable standards set by the Lebanese Government, the WHO and the CEE. However, bacteriological results showed the presence of fecal coliforms and streptococcus, which indicates that the water is contaminated by municipal wastewater, which is the cause of contamination in the absence of an adequate collection network and the usage of septic systems.
Wastewater: a 1997 survey indicated that 60.5 percent of the total population of Baalbeck is connected to a sewer network. In the year 2017, this would be equivalent to approximately 30 percent of the population if no further extension occurs. Nearly 75 percent of the existing trunk sewers (23 km of sewers in Baalbeck city ranging in size from 150 to 600 mm) were replaced under the Baalbeck/Nabi Chit project and the remaining were upgraded. The new network reinforces and replaces the old one, however it does not cover all urban areas. It will however, eliminate the uncontrolled flows and discharges of wastewater into the channels flowing along and through the archaeological Roman Temples of Baalbeck. A secondary wastewater treatment plant (activated sludge) was constructed in the middle of Iaat plain at 2 kms from Baalbeck city. The capacity of the plant is 12,500 m3/d with the possibility of extension to 25,000 m3/day after 2008. The treatment plant is designed to discharge an effluent suitable for agricultural reuse.
Solid Waste: Baalbeck currently generates around 45 tons per day of municipal solid waste. A private contractor undertakes collection and disposal of the waste for the Municipality who provides the facilities and equipment. Solid waste is currently being disposed of in an open dump at Al-Kayyal area, adjacent to the monolith Roman Quarry. Dumping is uncontrolled and open burning is practiced to decrease the waste volume. Waste collection containers are distributed throughout the city on street corners but the waste is often burned instead of being collected. The waste containers need to be regularly cleaned and maintained. Works are underway to improve the solid waste infrastructure serving the city through the construction and operation of a Material Recovery and Composting plant. A new sanitary landfill for the disposal of solid waste generated in Baalbek caza is also planned. The project is undertaken by the Ministry of Environment with funding from the Italian Government. The landfill is located in an industrial zone 3.3 km to the north of Baalbeck. The site is expected to receive between 70 and 80 t/d generated from the caza of Baalbeck. Solid waste accumulation along the river is a major issue. The municipality has taken several measures to reduce the illegal waste littering in the channel such as screens to capture the floating solid waste upstream and awareness signs. The characteristics of the observed solid waste indicate that most of the waste is mainly discharged at the Ras El Ain upstream where most of the restaurants, cafes and visitors are present. The channels are regularly cleaned; however, the accumulation of the floating waste has negative visual impact along the channel.
Air Quality: ambient air quality monitoring was conducted in four locations namely, at the road facing the market area, at the Qalaa road near the entrance gate of Jupiter Temple Archaeological site, at the public park area facing the Ras El Hussein Historic Mosque near the Ras El Ain Spring, and finally at the parking lot facing the Mutran Square area. The ambient air quality readings at the monitoring locations exceed the WHO guidelines for PM10 and SO2 in most locations. The Market area and the city entrance at the Mutran Square are characterized by high traffic flow during the morning and evening period when most of the residents are either visiting the market for shopping purposes or returning from work outside the city. Similarly, both monitoring locations in addition to the parking lot facing the historic mosque revealed elevated SO2 concentrations during daytime and nighttime exceeding WHO guidelines due to traffic congestion during peak noon time, when most of the commercial activities take place along the market area and during the nighttime when more people visit the public garden and nearby recreational facilities.
Noise: baseline noise level monitoring were conducted in the same four locations for air quality monitoring. The ambient noise level (Leq) readings for the four monitoring locations exceed the Lebanese maximum allowable noise limit standards for both daytime and nighttime period (40 to 60 dBA). The main source of noise pollution observed is the traffic and commercial activities in the area. The highest noise level readings were recorded, as expected, at the market area and Moutran square were most noisy activity take place.
Summary of the baseline characteristics from the three cities of Tripoli, Tyre, and Baalabek are presented in the table below.
|Indicator |Tripoli |Tyre |Baalbeck |
|Population (2002) |588,200 |61,000 |55,000 |
|Working population, % |NA |NA |70 |
|Occupation |Service sectors, commercial |Fishing, public sector, commercial |Agriculture |
| |activities, employees, industry|activities |Industry |
| | | |Services |
|Property and Tenure |Private, Waqf, & Public |Private, Waqf, & Public |Mainly home owners |
|Precipitation, mm |1,015 |750 |410 |
|Humidity, % |70 |72 |56 |
|Temperature, oC |20 |37 summer, 14 winter |15°C |
|Wind |W and SW |W and SW |NE and SW |
|Geology |Karstic |Turonean, Cenomanian, and Eocene |Turonean formations |
| | |formations | |
|Water sources |Hab, Racheine, & aquifers |Ras el Ain and Rashidiyye springs, |Loujouj & Ain Bourdai springs and 7|
| | |and private and public wells |boreholes |
|Water quality |Requires improvement |Polluted in upper layer |Ras el Ain spring is contaminated |
|Major rivers |Abou Ali |Litani river |Ras el Ain river |
|Coastal areas status |Polluted, sewage discharge, |Polluted by sewage discharge, 6 |None |
| |solid waste |sewage outlets; | |
| | |Water unsuitable for any type of | |
| | |human contact | |
|Wastewater collection systems |Inadequate, is being improved |Old system, pumping station |Being improved |
| | |requires extensive maintenance, | |
| | |development ongoing | |
|Wastewater treatment |Secondary treatment serving the|Secondary treatment serving the |Secondary treatment serving the |
| |whole caza and parts of Zghata |caza of Sour to the north of the |surrounding area, located in Iaat, |
| |and Koura (1,740,000 persons in|city (Under construction) |operational. Capacity 12,500 m3/d |
| |2040) located on mouth of Abou | |and can be doubled. |
| |Ali River (under construction) | | |
|Effluent discharge |Sea outfall |Sea outfall |Outfall discharge in an open ditch |
|Stormwater drainage |Bad conditions, mixing with |Mixing with sewage |Being improved |
| |sewage, is being improved |Being improved | |
|Solid waste |382 t/d, in landfill on Abou |49 t/d disposed in open dumps |45 t/d disposed in open dump at |
| |Ali River | |Roman quarry |
|Solid waste plans |- |Material recovery facility and |Construction of a 70-80 tpd |
| | |composting pant serving the region |material recovery facility, |
| | |operational |composting pant and sanitary |
| | | |landfill serving the region to |
| | | |start soon in the industrial region|
|Air Quality |CO, SO2, NO2, TSP above WHO |PM10 levels exceed WHO standards |PM10 and SO2 levels exceed WHO |
| |standards | |standards |
|Noise levels |Exceed standards at all times |Exceed standards |Exceed standards |
CHAPTER FOUR: CONSULTATIONS
Formulation of this ESMF draws heavily on information and of diverse stakeholders who were consulted or whose documented inputs were reviewed and used to inform this program and the ESMF document serving the environmental and social safeguards of this project. In sections below, an account of the stakeholders whose input has shaped this ESMF on different levels is highlighted.
Country Level Consultations: The Economic and Social Impacts Assessment (ESIA) of the Syrian-refugee influx in Lebanon has been studied by the World Bank and a report has been prepared at the request of the Government of Lebanon through a participatory and inclusive process, which benefited from the active participation of Government representatives and partners (UN, EU, and IMF). The report was drafted by a World Bank team in coordination and inputs from the EU, ILO, IMF, OHCHR, UNESCO, UNICEF, UNHCR, UNDP, UNESCWA, UNFPA, UN Habitat, UNRWA, UN Women, FAO, WFP, and WHO. The preparation of the report greatly benefited from the close collaboration and strong engagement of the Government. Valuable information and contributions were provided by the: Ministry of Energy and Water; Ministry of Public Works and Transport; Ministry of Interior and Municipalities; Ministry of Education and Higher Education; Ministry of Public Health; Ministry of Social Affairs; Ministry of Labor; Ministry of Finance, Ministry of Economy and Trade; Council for Development and Reconstruction; and Central Bank of Lebanon. Overall guidance and coordination from the Government was provided by Mr. Shadi Karam, Economic Advisor to the President of the Lebanese Republic, Mr. Samir El Daher, Advisor to the Prime Minister, and Mr. Alain Bifani, Director General of the Ministry of Finance.
CDR Level Consultations: The ESMF Team held briefing meetings with the Project Management Unit (PMU) with a view to understanding the design, scope, and motivation of the LMSEP. Through the PMU, the Team was able to access data and baseline information on similar operations in Lebanon, particularly, the Cultural Heritage and Urban Development Project (CHUD). Participation in the PMU level consultations was sometimes expanded to include the environmental consultant working on the CHUD project and staff of the World Bank who helped refines the sensitivity of the ESMF process to the Bank’s Safeguard Policies.
Municipal Level Consultations: Those consultations helped identify the municipalities and unions that are impacted most by the Syrian refugee influx, measure the stress on social services in different areas, and identify the priority needs for each municipality and union. Consultations were extended to select municipalities and unions, namely, Union of Al Buhaira Municipalities and Union of Municipalities of Sahl in the West Bekaa region; Union Independence Castle and Union of Jabal El Sheikh in Rachaya region; Union of Municipalities of Central Bekaa; Union of Municipalities of Zahle Caza; Union of Municipalities of Baalbeck and Surrounding Communities; Union of Municipalities of Tyre and Union of Municipalities of Aarqoub in South Lebanon; and Union of Municipalities of Central and Coastal Qayta’a and Union of Municipalities of Al Shafat in North Lebanon.
Community Level Consultations: Essential community level consultations have yet to be conducted as part of the project implementation. Those consultations with local communities and affected parties of project activities will be conducted from the early stages of sub-projects cycle at the planning, design, and execution stages in each union of municipality. Those consultations will ensure alignment of proposed activities with the interests and priorities of local communities, and identify the environmental and social concerns and impacts, in order to design the necessary mitigations plans. Unions of municipalities and CDR will ensure such consultations will take place during implementation of sub-projects and the specific ESIAs will capture those consultations and will disclose them to the public.
The ESMF Team took advantage of such consultations to better understand the local priority investment menu, the selection process and criteria, and also assess availability of capacity for management of the social and environmental mitigation process. One of the main outcomes of the municipal level consultations is the fact that proposed investments are still at identification stage in which case, specific impacts would be difficult to scope in detail, and essential follow up consultations at the community level will take place as part of sub-project ESIA preparation.
ESMF/ RPF Consultations: In line with programmed project planning process, a one day workshop was organized for the targeted unions during which the draft ESMF and RPF documents was discussed and shared with participants. This meeting was attended by representatives from all the 11 targeted unions of municipalities in addition to 13 representing CDR. The participants had no comments to the presented ESMF/RPF, but expressed satisfaction with being consulted with at the early stage of project preparation.
Proceedings of the consultation held at CDR on 12th March 2014 are attached in Annex 3.
CHAPTER FIVE: ENVIRONMENTAL AND SOCIAL SCREENING
Screening is the first step in the ESMF process. The purpose of pre-ESIA screening is to get an overview of the nature, scale and magnitude of the issues in order to determine the scope of the Environment and Social Impacts Assessment (ESIA) to be subsequently undertaken towards preparation of Project reports for review by CDR (PMU). As well, pre-ESIA screening will determine and establish applicability of the Bank’s environment and social safeguard policies and will therefore influence development of Terms of Reference for follow up ESIA and RAP studies along with Government of Lebanon regulatory requirements. Pre-ESIA Screening will be based on a Checklist to be completed by respective Municipalities in respect of individual sub-projects. Table 5.1 below 1 provides pre-ESIA Screening Checklist developed for this ESMF and associated RPF. This process is detailed in sections below where the sequence of events is schematically presented in Fig. 5.1 below.
This worksheet is designed to help Municipalities assess potential environmental and social risks, and applicable GoL regulations and World Bank safeguard policies and impacts associated with project activities on a particular site. The findings will facilitate scoping of Impacts and drafting of TORs for both the ESIA and RAP studies. The worksheet therefore will have to be completed by Municipalities for each proposed sub-project at the Screening Stage immediately after project identification.
Fig 5.1: Schematic presentation of the Environmental and Social Process.
[pic]
|Criteria |Yes/No |Description |GoL/ WB Policies |Proposed Mitigations or |
| | | |applicable |Enhancements |
|Part A: Details of Site location |
|Is the site or proposed investment a protected or reserved | If yes, | | | |
|site? |provide | | | |
| |distance | | | |
|Provide proximity in kms. | | | | |
| | | | | |
|Biosphere Reserve | | | | |
|National park | | | | |
|Wildlife / Bird Sanctuary | | | | |
|Wetland | | | | |
|Important Bird Areas | | | | |
|Coastal area with corals | | | | |
|Mangrove areas (or Estuary with, mangroves) | | | | |
|Natural lakes | | | | |
|Habitat of migratory birds (outside protected areas) | | | | |
|Migratory Route of Wild Animals/Birds | | | | |
|Area with threatened/rare/endangered fauna (outside | | | | |
|protected areas) | | | | |
|Area with threatened/rare/ endangered flora (outside | | | | |
|protected areas) | | | | |
|Reserved/Protected Forest | | | | |
|Zoological Park /Botanical Garden | | | | |
|Are there vulnerable or endangered species (terrestrial or | | | | |
|aquatic) in the area? | | | | |
|Are there natural habitats in the site? Or in its proximity| | | | |
|If there are natural habitats, are they fragile, unique and| | | | |
|limited in size? | | | | |
|Are these world heritage / Ramsar sites? | | | | |
|Are there wetlands, areas of saturated soils (permanent or | | | | |
|temporary), or evidence of ponding (cracks, high clay | | | | |
|content in soils, dead vegetation, water marks)? | | | | |
|Is the site already degraded (low groundwater, poor soil | | | | |
|quality)? | | | | |
|Are there steep slopes in the proximity of the investment | | | | |
|site? | | | | |
|Do people live on the proposed site? | | | | |
|List existing land uses (ranching, farming) | | | | |
|Are there existing site access roads? | | | | |
|Is the site vulnerable to natural hazards (in floodplain, | | | | |
|near volcano, on seismic fault, near coastline in hurricane| | | | |
|zone)? | | | | |
|Are there land ownership/title conflicts? | | | | |
|Are there known archaeological, historical or other | | | | |
|cultural property? | | | | |
|Are any of these world heritage/ UNESCO designated etc? | | | | |
|Do indigenous peoples live on or near the site? | | | | |
|Part B: Analysis of likely physical Impacts |
|Scope of proposed activities |
|Are large excavation works planned? | | | | |
|Will a large volume of soil be taken from off-site | | | | |
|(quarries and borrow pits)? | | | | |
|Will the investment generate an increase in solid wastes or| | | | |
|machine wastes (oil, etc)? | | | | |
|Water Resource Impacts |
|Could the investment result in a modification of | | | | |
|groundwater levels by altering flows, paving surfaces or | | | | |
|increasing water extraction? | | | | |
|Could it affect groundwater quality? | | | | |
|Could it affect quality (through sediment, wastewater, | | | | |
|storm discharge or solid waste) of nearby surface waters | | | | |
|(lake, rivers, and streams)? | | | | |
|Will it affect water quantity in nearby water bodies (lake,| | | | |
|river and stream)? | | | | |
|Are there nearby potable water sources that need to be | | | | |
|protected? | | | | |
|Ecosystem Impacts |
|Could the investment affect natural habitats or areas of | | | | |
|high ecological value? | | | | |
|Could it affect natural characteristics of adjacent or | | | | |
|nearby sites? | | | | |
|Could it affect wildlife or natural vegetation? | | | | |
|Drainage Impacts |
|Will the investment in storm water drainage affect existing| | | | |
|drainage patterns? | | | | |
|Will it cause standing water, which could cause public | | | | |
|health risks? | | | | |
|Will erosion result in sediment discharge to nearby water | | | | |
|bodies? | | | | |
|Will surface drainage patterns be affected in borrow pits | | | | |
|and quarries? | | | | |
|Will infiltration patterns be affected? | | | | |
|Socio-economic impacts |
|Will the project entail resettlement of population? | | | | |
|Will the project affect indigenous peoples? | | | | |
|Will it limit access to natural resources to local | | | | |
|populations? | | | | |
|Will it have an impact on land use? | | | | |
|Will it induce further encroachment of nearby areas? | | | | |
|Will it cause any health impacts? | | | | |
|Will it disturb nearby communities during construction? | | | | |
|Could cultural resources be affected? | | | | |
|Could it affect nearby properties? | | | | |
| | | | | |
|Criteria |Yes |No |Remarks/identified problems |
|Part C: Analysis of Resettlement Impacts |
|Acquisition of private land? |
|Acquisition of private land? ( If yes, specify the likely | | | |
|magnitude) | | | |
|Alienation of any type of government land including that owned| | | |
|by urban local body? | | | |
|Whether any evictions of encroachers or squatters have taken | | | |
|place in the proposed project area since the approval of | | | |
|ESMF/RPF (March, 2010), If yes provide the details | | | |
|Number of structures, both authorized and/or unauthorized to | | | |
|be acquired/cleared? | | | |
|Whether any indigenous people are likely to be affected, (If | | | |
|yes, provide the details) | | | |
|Number of household to likely to be displaced. | | | |
|Details of common properties to be affected, Pasture land | | | |
|(acres) cremation /burial ground and others specify? | | | |
|Describe existing land uses on and around the project area( | | | |
|e.g Community facilities, agriculture, tourism, private | | | |
|property)? | | | |
|Will the project result in construction of workers or other | | | |
|people moving into or having access to the area ( for a long | | | |
|period and in large numbers compared to permanent residents) ?| | | |
|Are financial compensation measures expected to be needed? | | | |
|Loss of Crops, fruit, household infrastructure and livelihood |
|Will the project result in the permanent or temporary loss of | | | |
|Crops? | | | |
|Fruit trees/coconut palms? Specify with numbers | | | |
|Household infrastructure? Specify with numbers | | | |
|Loss of agriculture land? specify with numbers | | | |
|Occupational health and safety, welfare , employment and gender |
|Is the project likely to provide local employment | | | |
|opportunities, including employment opportunities for women? | | | |
|Is the project being planned with sufficient attention to | | | |
|local poverty alleviation objectives? | | | |
|Is the project being designed with sufficient local | | | |
|participation of women in the planning design and | | | |
|implementation process? | | | |
|Criteria |Yes |No |Remarks/identified problems |
|Historical, Archaeological, or cultural Heritage sites |
|Based on available sources, consultation with local | | | |
|Authorities, local knowledge and/ or observation could the | | | |
|project alter? | | | |
|Historical heritage site(s) or require excavation near the | | | |
|same? | | | |
|Archaeological heritage site(s) or require excavation near the| | | |
|same? | | | |
|Cultural heritage site(s) or require excavation near the | | | |
|same | | | |
|Graves or sacred locations or require excavation near the | | | |
|same? | | | |
|Part D (i) : Result/Outcome of Environmental/ Social and Resettlement Screening Exercise |
|No Environment Impact Assessment Required | |
|Environment Impact Assessment Required | |
|OP 4.12 category triggered? | |
|RAP category required | |
|Any special conditions | |
|Part E : Authorisation |
| | |
|Screening undertaken by: .................. |Signature..................... |
|Designation............ |Date............................. |
| | |
|Approved by............................... |Signature..................... |
|Designation................................... |Date............................. |
| | |
|PMU Confirmation by ....................... |Signature..................... |
|Designation................. |Date............................. |
Important notes for officers conducting the screening:
1. The entity conducting the screening should take adequate steps to ensure that there are no adverse impacts on the environment within 1 km radius of the listed protected areas during investment /sub-investment implementation. The Environmental Officers at the PMU need to ensure that the required avoidance, minimization and mitigation measures are taken care of during site selection, preparation of feasibility studies detailed engineering designs and implementation/construction stages of a sub-project. This will help facilitate project supervision and monitoring during the implementation stage as well.
2. Once applicability of GOL and WB policies has been established, ensure appropriate regulatory action and/or clearance.
3. Ensure that mitigation measures identified in the above matrix are translated to detail mitigation measures in the Environmental management plans for the particular investment.
4. Ensure that each EMP and RAP (if required) is integrated in the feasibility and detailed engineering drawings for the investment.
In line with this requirement, the PMU will prepare and submit Project Reports to CDR. The Project Report as required is a preliminary ESIA report. CDR uses this preliminary ESIA report to determine that further ESIA is required, and then a full study leading to development of an environmental and social study report will be undertaken.
Core steps in the preparation of a Project Report:
Step 1: Ascertain presence of any environmentally sensitive areas as detailed in screening criteria in table 5.1 above. Tables 5.1 will serve as a checklist to guide inventory of other ecologically/ culturally sensitive resources pertinent to each municipality.
Step 2: Once table 5.1 has been applied and the ecologically/ culturally sensitive sites have been indentified, the applicability of /triggers to relevant sector statutes and regulations will be confirmed to ascertain whether any of the investments (sub-projects) are prohibited as per the existing law / regulations in the proposed sites. Each Sector has elaborate rules and regulations with regard to protections of resources of interest which must be reviewed as part of the ESIA process which will require that relevant sectors be consulted to get the latest legislation, regulations, sector policies and ongoing programs. Wherein the proposed activity is restricted, the recommendation for it to be substituted will be pursued.
Step 3: Conduct reconnaissance site visits to incorporate additional information. Field consultations should extend to cover local NGOs, CBOs, who normally command extensive data on specific areas of interest. Each site of interest must be visited and investigated.
Step 4: Upon completion of on the ground consultations, revisit and update the screening check list and ascertain outcomes of Step 2 above. Undertake the detailed screening process for all investments in consultation with the line departments. The outcome here is a matrix on impact identification, scoping and severity assessment. Based on this an ESIA will be determined to be carried out if necessary.
Step 5: Prepare write-up into a Project Report. The contents of the Project Report to include:-
a) The nature of the project;
b) The Division of the project including the physical area that may be affected by the project’s activities;
c) The activities that shall be undertaken during the project construction, operation and decommissioning phases;
d) The design of the project;
e) The materials to be used, products, by-products, including waste to be generated by the project and the methods of disposal;
f) The potential environmental impacts of the project and the mitigation measures to be taken during and after implementation;
g) An action plan for the prevention and management of possible accidents during the project cycle;
h) A plan to ensure the health and safety of the workers and neighbouring communities;
i) The economic and socio-cultural impacts to the local community and the nation in general;
j) The project budget;
k) Any other information that the Authority may require.
Step 6: Internal review and submission of Project report to CDR: The Draft Project Report will be discussed extensively at municipality level following which it will be finalized and submitted to CDR.
Step 7: CDR makes decision on the need or otherwise of further ESIA: Based on the Project Report submitted and internal review process, CDR will make decision on the requirement or otherwise for further ESIA Studies. The same decision will be communicated to the Municipality (and/or Union).
Step 8: If no further ESIA Study required: In the event that further ESIA is not required, approval of proposed projects at the Project Report Stage will be granted to small projects without requiring a full EIA.
9: Scoping Report: In the event that CDR determines that further ESIA is required, CDR will require that a Scoping study be undertaken. The purpose of the scoping study is to determine the diversity (scope) and severity of impacts anticipated so as to determine the scope of investigations needed and the requisite skills for the ESIA study. The scoping study will be undertaken by an expert and submitted to CDR for review.
Upon review of the Scoping Report, CDR will require further action as follows:
i) A Full Cycle ESIA be undertaken: A major requirement at this stage is the need to subject the ESIA report to public review.
ii) A RAP Report be prepared for investments where displacement is deemed to be a major impact: The RAP report will be prepared as per guidelines contained in the RPF which forms Volume two of this Report.
Screening must develop an ESMP for each investment. This is the tool that will guide identification, mitigation and monitoring of impacts during the development cycle of each investment. While a generic ESMP for the project is provided in Chapter Seven, those developed for respective investments will be actual based on identified impacts. The ESMP should include a set of mitigation, monitoring, and institutional measures to eliminate adverse environmental impacts to offset or reduce them to acceptable levels. The plan also should include actions needed to implement these measures. Specifically, the ESMP:
• Identifies and summarizes all anticipated significant adverse environmental impacts (including those involving indigenous people or involuntary resettlement);
• Describes--with technical details--each mitigation measure, including the type of impact to which it relates and the conditions under which it is required, together with designs, equipment descriptions, and operating procedures, as appropriate;
• Estimates any potential environmental impacts of these measures; and
• Provides linkage with any other mitigation plans (e.g., for involuntary resettlement, indigenous peoples, or cultural property) required for the project.
• Identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the EA report and the mitigation measures described in the EMP.
• The recommended monitoring program should provide a specific description and technical details of monitoring measures including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and
• Monitoring and reporting procedures to (i) ensure early detection of conditions that necessitate particular mitigation measures, and (ii) furnish information on the progress and results of mitigation.
• The ESMP should also provide a specific description of institutional arrangements stating persons responsible for carrying out the mitigation and monitoring measures (e.g., for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). To strengthen environmental management capability in the agencies responsible for implementation, ESMPs may suggest (a) technical assistance programs, (b) procurement of equipment and supplies, and (c) organizational changes.
• For all the above three aspects (mitigation, monitoring, and capacity development), the EMP should provide (a) an implementation schedule for measures that must be carried out as part of the project, showing phasing and coordination with overall project implementation plans; and (b) capital and recurrent cost estimates (c) sources of funds for implementing the EMP. All these cost estimates should be integrated into the total project cost estimates.
• The EMP should be integrated into the project's overall planning, design, budget, and implementation by including the EMP project contracts and establishing the EMP within the project plan to receive funding and supervision along with the other components.
The record of stakeholder consultation carried out during the ESIA process shall be provided in the report along with the minutes of these meetings, views of stake holder agencies, affected people and local nongovernmental organizations (NGOs).
For each Investment, the ESMP prepared will further be applied as follows:-
i) The ESMP will be captured and integrated into the Final Design Report to ensure that impact mitigation is built into the Project Design. The ESMP will also be captured into the Bills of Quantities to ensure that impact mitigation is provided for in the budget for each investment.
ii) The ESMP will be captured and integrated into the Contract for construction to ensure that the Contractor is bound in contract to implement the impact mitigation program.
iii) The EMMP will be reviewed during periodic reporting as a means to monitoring compliance.
CHAPTER SIX: ANALYSIS OF ALTERNATIVES
The nature of alternatives
This section expounds on the process behind decisions made in regard to LMSEP investments as currently packaged. Decisions considered here include; choice of unions of municipalities, selection of priority investments by unions of municipalities, and choice of technology.
The selection of Unions of Municipalities
An initial list of eleven unions of municipalities was identified and agreed upon based on the list of most vulnerable municipalities developed by UNHCR, UNICEF and the GoL, applying the following additional criteria and filters: (i) the relative share and absolute number of refugees to the host population; (ii) security conditions sufficiently stable for project implementation; (iii) absence of similar donor interventions to avoid duplication; and (iv) readiness of counterpart agencies and subprojects, especially at the local level.
Selection of Priority Investments
The Investment Menu to be financed under Component One of the LMSEP project was set at the Appraisal stage by both CDR and the Bank mission team to include solid waste facilities, parks, sidewalks, and access roads, street lighting, markets, storm water drainage, public parks and green spaces, and community centers. This selection was based on the stated policy need to manage the impacts of the Syrian-refugee influx in targeted communities focusing on road and transport infrastructure, solid waste management, water supply and wastewater management, and social facilities such as community centers, green spaces, and public parks. The first component of the project also allows for procurement of equipment and machinery to enhance the operation and maintenance of public infrastructure, and the purchase of materials and chemicals for vector control to enhance public health.
The second component of the project is designed to enhance collaboration and joint urban planning between municipalities and unions of municipalities. Two to four main infrastructure investments are expected to emerge under this component, such as a wastewater treatment facility with a daily capacity of 10,000 cubic meters serving a population of around 60,000 populations in a union of municipalities or a solid waste separation, recycling, and composting facility with a capacity of around 100 tons daily.
Selection at Municipality level: municipal level selection of Investments is largely based on local needs as identified by communities. Most municipalities have documented priority investments some of which have already been subjected to Feasibility Studies and which have now been recommended to the LMSEP. The table below shows the priority menu concluded from the rapid assessment for the targeted municipalities.
|MUNICIPALITIES IDENTIFIED SHORT & MEDIUM TERM NEEDS |
|Power generators for Pumping Stations |
|Street Cleaning Equipment |
|Street Lighting |
|Water Filters for Schools |
|Solid Waste Compactors |
|Matching Garbage Bins |
|Sewage Network Declogging Equipment |
|Water Tankers |
|Sewage Tankers |
|Earth-moving and other Municipal Services Equipment |
|New Temporary Workers |
|Roads/Sidewalk Rehabilitation |
|Additional Classroom Space |
|Playgrounds |
|Community Centers |
|Public Gardens |
|Technical review of the existing composting facility |
|Solid Waste Composting Plants |
|Sewage Networks and/or Treatment Plants |
Choice of Technology
Choice of technology is normally an engineering decision informed by consideration of site conditions, availability of appropriate materials, labour versus capital intensive policy, budgetary provisions, requirements for Operation and Maintenance etc. Investments proposed for LMSEP are still at identification and feasibility study stage in which case, decisions regarding the choice of technology are yet to be made. However, at the ESIA stage, the choice of entire design will be subjected to review to ensure that the selected technology offers a combination of technical feasibility, economic viability, and social and environmental acceptance.
CHAPTER SEVEN: POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS
This chapter maps out potential impacts of the project expected activities and investments to ensure that design and implementation of investments remains sensitised to local baseline challenges and remains focussed towards their solution.
7.1 The Generic Impacts of the Project
Each municipality to be supported under the LMSEP project will be assessed for impacts under its own merit taking due recognition of the size, geographical and ecological setting for each project. The potential impacts highlighted in sections below are based on observations made on several sites targeted either for rehabilitation or new construction similar to the expected menu of investments under LMSEP. Preliminary impact prediction has been made based on consideration of the potential interaction between civil works and the baseline environment of the site based on available tools and checklists.
The magnitude, significance, and acceptability of predicted impacts were evaluated with a view to determining whether observed adverse impacts are significant enough to warrant mitigation. To achieve this, predicted impacts were analyzed against parameters such as geographic spread, persistence, potential for reversibility, cumulative tendency, and potential to trigger secondary impacts, among others. Impacts were weighted on the scale of P, 2P, O, N, 2N to signify Positive, strongly Positive, Neutral, Negative, and Strongly Negative impacts respectively.
Outcome of the impact analysis for investments proposed is presented in summary form as follows:
• Table 7.2 (1) provides the positive social and environmental impacts.
• Table 7.3 (1) provides the negative social and environmental impacts.
7.2 Potential Positive Environmental and Social impacts
Positive impacts of the project are summarized in table 7.2 (a) below. Impacts at the design and construction stage will manifest as follows:
Opportunities for technology transfer: The design phase of the project has seen intense consultations in which teams from the World Bank and the CDR have interacted in the design and development of project activities. By facilitating such forums, the project has already provided opportunities for information exchange and technology transfer in a process that has trickle down effects down to municipalities and all those associated with the project.
Better understanding of the baseline environment: Municipalities have been sensitized on the potential impacts of proposed investments as a result of which there is better awareness and understanding of issue of concern. As well, as a result of the ESMF process and attendant ESIA studies, a database on the environmental baseline of all Municipalities will be assembled and this will contribute to environmentally sustainable planning.
Better coordination of development: On account of the Master plans developed under the project, development planning in urban areas will be better coordinated leading to more efficient delivery of services.
Creation of employment and business opportunities for local residents: Construction projects are labour intensive and it is expected that the local residents who seek employment will have opportunities of working in these projects. Consultants will also benefit from the short-term opportunities occasioned by the design and supervision work on the sub-projects. Additionally, there will be business opportunities in the supply of construction material and provision of food to the construction workers.
Improvement of access routes into project target areas: The construction of access roads for motorised, non-motorised and paved walkways will improve the aesthetics of the project areas. Since the construction of roads will be built to the required standards, incidents of emergency vehicles not being able to access areas of distress will be minimised. Depending on the extent of paving, soil erosion and dust in the areas will be reduced, hence reduction in respiratory diseases that are brought about by dust.
Reduction in traffic accidents: Investment to improve and rehabilitate roadways and sidewalks will reduce incidence of traffic accidents. The same will reduce time wasted on congested urban roads.
Benefits of provision of bus parks: The main impact will manifest in decongestion of town roads when public vehicles reroute to the terminuses, which will also see the human traffic routed to the terminuses. Congestion in town streets and associated accidents, time wastage, etc will reduce while municipalities will now better correct revenue from public vehicles entering the new facilitates.
Benefits from provision of markets: Relocation of hawkers to a centralised market has potential to decongest towns from both human and motorised traffic, keeps the town clear of solid waste and provides for better management of the centralised waste. Provision of markets will provide opportunities for residents to trade and earn genuine income away from open air markets and could actually be used to compensate those relocated by construction works.
Benefits of provision of water-borne sewage network: Provision of water borne sewage will firstly cut of use of soak pit and pit latrines which are decidedly a major cause of groundwater pollution more so for shoreline towns where the groundwater is quite shallow. Waterborne sewage will also allow provision of more toilet facilities and thus, mitigate against haphazard disposal of human waste and attendant disease hazards.
Improved visibility and security at night: Installation of street lighting will be a major positive impact to the residents of the project areas. The lighting will enhance night vision to pedestrians, drivers, cyclists and other road users. Through the lighting, security is expected to improve and business persons are expected to open shop for longer hours.
Improved cleanliness and health, and time management: Availability of piped water and drainage system within the vicinity of residential areas implies that there will be less incidents of water borne diseases, thus improved health to the residents. Cleanliness too will be enhanced. The time that is spent fetching water will be greatly minimised and there will now be more time available to engage in more value adding activities.
Clean environment and reduction of land degradation: Project is advocating for Integrated Solid Waste Management system which will involve sensitising the residents on means to reducing waste from source, reuse, recycling, segregating waste, and storage awaiting transportation to the landfill sites. The component of the solid waste also advocates relocating the existing dumpsites to ‘safer’ areas away from the affected residential areas. The sites will have been freed of dumping activities will then be rehabilitated using remediation and planting of vegetation and trees. This will be a great step towards enhancement of environment.
Table 7.2 (1): Matrix for potential positive social and environmental impacts under the LMSEP
|Investment |Activity |Primary Impact |Secondary Impact |Persistence |Ranking |Weighting |
|General impacts at Design Stage |
|General |Construction activities |Creation of employment in design, |Addition income to households |Short-term |High |2P |
| | |construction and supervision | | | | |
| | |Business opportunities from sale of | | | | |
| | |construction materials | | | | |
| |Subjecting the entire project to |Sensitizing society on environmental |Could induce attitude change towards |Long-term |High |2P |
| |this ESMF process |requirements |environmental conservation. | | | |
| | |Generation of a database on social and |Improves public awareness |Long-term |Moderate |P |
| | |physical environment of project | | | | |
| | |Local setting and documentation of |Provides a forum for coordinated and |Long-term |High |2P |
| | |development priorities |rationalised development | | | |
|Positive impacts at construction and operation stage |
|General impacts of civil |Construction activities |Creation of employment in design, |Addition income to all cadre of staff |Short-term |High |2P |
|works | |construction and supervision |and their households | | | |
|Rehabilitation of roads |Construction of key access roads |Ease of access, movement and delivery of |Improved aesthetics |Long-term |High |2P |
|and sidewalks |in under-developed neighbourhoods |services | | | | |
| | |Reduction of dust incidence in paved areas|Clean environment with reduced dust |Long-term |High |2P |
| |Construction of paved walkways |Reduced incidence of traffic accidents to |Reduced costs to society and state |Long-term |High |2P |
| | |pedestrians and other NMT users | | | | |
| |Installation and restoration of |Improved visibility in the night |Improved security |Long-term |High |2P |
| |street lighting | |Longer hours of business | | | |
|Bus-parks and market |Provision of parking lots, |Order in public transport terminuses |Shortened distance to board public |Medium-Term |Moderate |P |
|infrastructure |markets, sanitation facilities, | |transport | | | |
| |provision for cold stores, water | | | | | |
| |supply facilities | | | | | |
| | |Availability of essential commodities at |Increased and improved business |Long-term |Medium |P |
| | |operation sage |opportunities | | | |
| | |Ease of maintaining cleanliness due to |Hygiene improvement |Long-term |Medium |2P |
| | |availability of water and sanitation | | | | |
| | |facilities | | | | |
|Drainage / Sewage |Construction of trunk sewers and |Improved hygiene and sanitation |Reduced water borne diseases |Long Term |High |2P |
|Infrastructure |storm water drains | | | | | |
| | |Reduction on use of soak pits |Reduction in groundwater pollution |Long-term |High |2P |
| |Construction of decentralised |Improved access to potable water |Improved hygiene and sanitation |Long-term |High |2P |
| |water supply systems | | | | | |
|Solid waste and |Preparation for gradual closure of|Removal of eyesore from vicinity of |Improvement of the environment of |Long-term |High |P |
|environmental management |existing dumpsites |residential areas |affected areas | | | |
| |Establishment of new regional / |Better management of solid waste |Standard system of solid waste |Long-term |Medium |P |
| |town based sanitary landfills | |management | | | |
| |Development of waste energy plants|Energy recovery from waste |Potential for clean development |Long-term |High |P |
| | | |mechanisms | | | |
| | |Possibility of new livelihoods/ |Improved welfare |Long-term |High |2P |
| | |enterprises based on recycling and | | | | |
| | |recovery | | | | |
| |Enhancement of waste collection |Cleaner towns and municipalities |Removal of related hazards and |Long-term |High |2P |
| |and transportation systems | |employment opportunities | | | |
| |Establishment of facilities for |-do- |-do- |Long-term |High |2P |
| |hazardous waste management | | | | | |
| |Restoration of degraded sites |Decontamination of soil |Improved aesthetics, minimised |Long-term |High |2P |
| |through soil remediation and | |chances of groundwater contamination, | | | |
| |re-vegetation | |reduced risk to human health | | | |
Legend / scale for impact ranking: P, Positive; 2P, Strongly Positive; O, Neutral; N, Negative; 2N Strongly Negative
7.3 Potential Adverse Environmental and Social Impacts
The section below discusses the adverse impacts anticipated from design and implementation of sub-projects.
i) Potential adverse impacts of poor decision making (faulty design, poor choice of technology and poor site selection). Examples of typical implications are tabulated below.
|POTENTIAL INVESTMENT |IMPLICATIONS OF POOR DECISION MAKING |
| |Faulty Design |Poor choice of Technology |Poor Site Selection |
|Transport, rehabilitation of roads, |Rejection by potential users |Accidents during use |Accidents and more congestion |
|sidewalks |leading to wasted investment | | |
| |Can aggravate traffic |Can aggravate traffic accidents |Can aggravate traffic |
| |accidents | |accidents |
|Solid waste management |In case a landfill is proposed|Aggravating pollution e.g. through |Aggravated pollution, |
|(Landfill, collection and disposal |- possibility of leaching and |spillage during transport |contamination of water |
|related activities) |contamination etc. | |resources, multiplication of |
| | | |vermin etc |
|Drainage infrastructure |Over loading leading to |Mixing with sewage, other failure, |Escalating accidents, |
| |failure and water related |clogging by runoff, ponding and |aggravating water related |
| |damage, drowning, etc |mosquito breeding, accidental |damage to infrastructure, land|
| | |drowning and injuries |degradation, water logging |
|Parks and markets |Motor accidents resulting in |Damage through wear and tear, |Site will be abandoned, by |
| |deaths, escalating traffic |vandalism, potential for disease |intended beneficiaries. |
| |congestion, time wastage, |outbreak, etc | |
| |noise and other nuisances, | | |
Given such potentially disastrous outcome of poor decision making, it is important that proper decisions be made during selection and design of investments which, among others, calls for widespread consultations with stakeholders.
ii) General adverse impacts of construction activity
All civil works as proposed under LMSEP investment has potential to generate impacts as listed below:
Displacement Impacts: In case investments will require land and will thus displace people either permanently or for short durations of time but by far, this impact threads all the proposed investments. It is thus the most severe and widespread. Displacement will lead to individuals losing their dwellings, shelters, businesses, enterprises and some institution like schools, social centres, health centres, and worship houses may be affected if they have encroached or located in an area or path that may be targeted for development.
Occupational health and safety concerns: Construction work will involve use of heavy equipment and building implements. Such crew is normally exposed to occupational safety and health hazards with the risks of suffering injuries, fatalities and illnesses related to the work environment. Occupational safety hazards Safety hazards will mainly be encountered by use of the equipment and implements and occupational hazards though inhalation of dust, exposure to high noise level, and poor ergonomics. These hazards, especially dust and noise are likely to impact on persons not directly working on the project sites.
Sanitation concerns from construction workers: Concentration of humanity in the construction activity will of necessity be accompanied by increased demand for sanitation which if not provided could see build—up of human waste in any bushes within vicinity of the construction site.
Potential conflict over job sharing: Opportunities for employment are always associated with influx of speculative job seekers who would normally be resented by the local labour-force. And unless this is properly handled, conflicts and confrontation can ensue leading to negative publicity to the sub-projects, delays and political interference.
Obstruction of temporary access: Other than displacement and OHS related issues, it is expected that temporary obstruction of access routes to peoples’ businesses, homes and institutions will take place during the construction.
Incidence of HIV/AIDS: The presence of construction crews, particularly in the case of migrant labour, leads typically leads to an increase in the incidence of HIV/AIDS.
Stripping the land off vegetation and top soil: This will deface the landscape and may result in loss of several trees thereby generating soil volumes. Poor handling (stockpiling) of the soil and wood debris can clogging the local drainage system thus impairing the safe removal of runoff and can cause localised flooding and water logging. Removal and disposal of top soil is always associated with loss of the soil genetic reserve which is thus lost from the site completely.
Generation of nuisances-noise, dust and vibrations at construction sites: This will emanate from operation of plant and equipment, transport of materials, the labor force, etc. which, unless managed, can cause inconveniences to homesteads, trading premises, institutions, offices etc.
Table 7.3 (1): Prediction of potential adverse social and environmental impacts from the LMSEP
| Activity |Primary Impact |Secondary Impact |Duration |Feasibility of |Severity of ranking |Weighting |
| | | | |mitigation | | |
|General Impacts of construction activity |Occupational Health and Safety |Injuries to workers either due to long|Can be long-term |Can be both reversible|Low |N |
| |Concerns for construction crew and|term exposure or accidents reduces |or shorter |or irreversible | | |
| |others |their productivity and increases costs| | | | |
| | |top the state and society | | | | |
| |Sanitation concerns for |Concentration of workers can generate |Short-term |Reversible |Low |N |
| |construction crew |both solid and sanitation waste which | | | | |
| | |poses hazards to human health | | | | |
| |Proliferation of social concerns |Social decadence, increased hazard of |Short-term but |Reversible |High |N |
| |such as commercial sex, |transmission of STDs, HIV/AIDS, crime,|impacts can be | | | |
| |alcoholism, drug abuse, multiple |etc. |long-term | | | |
| |homes | | | | | |
| |Impacts in material borrow and |Quarrying for hard stone, soil and |Long-term |Reversible |Low |N |
| |transport areas |sand has potential to degrade the | | | | |
| | |land, destroy biodiversity. | | | | |
| |Stripping the land of vegetation |Loss of standing biodiversity and |Long-term |Irreversible |Low |N |
| |and top soil. |soil-borne genetic reserve in form of | | | | |
| | |seeds | | | | |
| |Generation of debris, waste soil |Can harbour vermin and poses hazards |Short-term |Reversible |Low |N |
| |and rubble |of injury to residents | | | | |
| |Displacement of human settlements |Destabilisation of livelihoods |Long-term |Has irreversible |High |2N |
| | | | |aspects | | |
Table 7.3 (1): Identification of potential adverse social and environmental impacts from the LMSEP continued.
|Activity |Primary Impact |Secondary Impact |Duration |Feasibility of |Severity of ranking |Weighting |
| | | | |mitigation | | |
|General Impacts of construction activity |Generation of nuisances: dust, |Hazards to human health. Are a |Short-term |Reversible |High |N |
| |noise and vibrations |nuisance to the neighbourhood | | | | |
| |Generation of waste oil, filters |Contamination the ground, water |Short-term |Reversible |Medium |N |
| |and spare parts maintenance of |resources, etc | | | | |
| |machine / equipment | | | | | |
| |Damage to existing infrastructure |Interruption of supply |Short-term |Reversible |Medium |N |
| |(water, electricity) | | | | | |
| |Pressure on water resources |Degradation of quantity and quality |Medium-term |Reversible |Medium |N |
| |Alteration of local hydrology |Increased runoff due to tarmac and |Long-Term |Irreversible |Medium |N |
| | |paved walkways | | | | |
| |Obstruction to access routes, |Loss of business, inconveniences to |Short-term |Reversible |Medium |N |
| |visual intrusion |access premises | | | | |
|Impacts specific to: |Destruction of biodiversity along |Minor loss of biodiversity |Short-term |Reversible |Low |N |
|(i) Water supply, drainage, and wastewater |route of pipeline, intakes and | | | | | |
|treatment |sewage treatment plant | | | | | |
|(ii)Solid waste management |Closure of dumpsites |Livelihoods based on scavenging will |Short-term |Reversible |Low |N |
| | |be destabilised | | | | |
Table 7.3 (1): Identification of potential adverse social and environmental impacts from the LMSEP continued.
|Activity |Primary Impact |Secondary Impact |Duration |Feasibility of |Severity ranking |Weighting |
| | | | |mitigation | | |
|Construction of parks and market infrastructure |Generation of solid waste (market |Will create breeding grounds for |Long-term |Reversible |Medium |2N |
| |refuse) |disease vectors and vermin | | | | |
| |Nuisances (e.g. noise, dust and |Health issues arising from the |Medium-term |Reversible |Medium |N |
| |fumes) from vehicular traffic |nuisances | | | | |
| |Proliferation of petty crimes |Loss of property, mob justice |Medium-term |Reversible |Low |N |
| | |administration | | | | |
| |Motor accidents |Injuries, fatalities |Long-term |Reversible |Medium |N |
|Storm water drainage infrastructure |Generation of additional effluent |Stagnant water is an eye sore and |Long-term |Reversible |Medium |2N |
| |water in towns |attracts WBDVs | | | | |
| |Opening new ground for pipeline and|Destruction of biodiversity along |Long-term |Reversible |Medium |N |
| |construction of outfalls at the |route of pipeline and outfall areas | | | | |
| |sink end. | | | | | |
|Solid waste management |Selection of landfill sites, |Degradation/littering along access |Medium-term |High |High |2N |
| |storage stations and purchase of |route | | | | |
| |collection and transport facilities| | | | | |
| |Operation of ne | | | | | |
| |Storage and handling of waste at |Ground water contamination by |Long-term |Reversible |High |2N |
| |end point |leachates | | | | |
| |Development of Waste to energy |Air pollution from particulate and |Long-term |Reversible |Low |N |
| |Plants |gaseous emissions | | | | |
2P=High positive impact, P= moderate positive impact, 0=low impact, N=moderate adverse impact, 2N severe adverse impact.
Potential damage/ interference with existing infrastructure: Quite frequently, the site targeted for civil works could also be serving as the transmission area for other infrastructure such as underground cables, pipelines, sewer lines, etc. which are not apparent on the ground. Careless implementation of civil works has often led to damage or interference with such structures thus causing disruption in services. Where infrastructure for water supply and sewage are involved, the destruction causes untold damage and discomfort in the neighbourhood and can even trigger incidence of water borne disease and must therefore be avoided at all costs.
Accumulation of waste spares and oils: Activities in the maintenance of plants and equipment will lead to generation of special wastes in form of waste spares, used oils, packaging etc. which is especially hazardous to surface water.
Impacts at material borrow and transport areas: Stripping, quarrying, lasting and trampling at material borrow and transport routes has a diversity of impacts such as degradation of biodiversity and wildlife habitat, creation of open craters which pose health and safety hazards, creation of nuisances (noise, dust and vibrations) interference with public transport routes, posing hazards to other road users( the case of non-secured building stones in transit), degradation of water catchments, etc all of which will require resolution through careful planning of operations.
iii) Impacts from construction of specific investment
Investment in solid waste management has potential to interfere with livelihoods of informal waste collectors. Dump yards are usually inhabited by individuals who make a living out of scavenging for materials such as paper, bottles, wood, etc which they recycle at a feet and such livelihoods are likely to be impaired by proposed closure of dump yards for modernised operation. However, since this is more of a displacement impact, it will be handled under Volume Two of this ESMF.
iv) Impacts associated with operation of completed facilities
Impacts at the operation phase are specific to investments and are likely to manifest as follows:-
• Impacts from operation of Markets: Operation of markets will attract human and motorised traffic and is therefore likely to lead to localised traffic congestion, increased demand for sanitation, noise pollution, increased generation of market waste including polythene packaging, organic waste, empty bottles etc.
• Impacts from operation of bus parks: Construction of bus parks and their access roads will create large areas that are impervious to rainwater meaning that vast quantities of surface runoff will ensue from such areas during even the slightest storms and will thus require evacuation through functional drainage. This problem is compounded by the fact that such runoff will also wash oil spills and thus pollute surface water.
• Bus parks will attract many vehicles which though stationary, will have running engines which will trigger localised increase of exhaust fumes some of which could be laden with lead. Continued exposure of human beings especially stall operators to such fumes is likely to compromise their health.
• Impacts from operation of water supply, drainage and sewage infrastructure: Water supply will ultimately create additional effluent water in towns whose poor management could pose hazards associated with water-borne diseases including build-up of malaria cases. Similar effects could emanate from non-maintenance of drainage canals whose clogging can also cause water logging and localized flooding and build-up of mosquito population. As well, sewage treatment plants will create conditions conducive to mosquito breeding while leakage of untreated sewage into either surface or groundwater has potential for contamination and attendant hazards of water borne diseases. Accidental drowning in sewage ponds is a risk that is ever inherent to their operation.
• Impacts from new approaches to solid waste management: Proposals under this sub-component are still poorly understood. However, impacts are likely to be felt at the point of handling, sorting and processing of waste. Secondary processing of waste towards energy generation, etc is likely to generate secondary waste and atmospheric pollutants which also require effective management while selection and opening of new dump yards has its own wide range of impacts similar to those from civil works.
• Another concern to waste management derives from observations the effect that, around 50% of the waste comprises of organic (herbaceous) material that could easily be composited into manure at the point of source. The import of this practice is that the land is slowly being impoverished through denial of organic carbon which is subsequently burnt at the dump yard. Such trend is potentially disastrous as it continuously and increasingly undermines the sustainability of the national land resource base.
7.4 Net Social and Environmental Impacts Before Mitigation
Based on generic impacts (table 7c), the net social and environmental impact of LMSEP project is as follows: Before mitigation, LMSEP is likely to confer an overwhelmingly net positive social and environmental impact. Investment will trigger numerous positive impacts, several are deemed to be long-term in prevalence. While construction phase activities are common to all investments, operation phase activities are however specific to each project with the severity being determined by site conditions. Though a generic ESMP is provided in sections below, this is just a guideline and detailed site-specific impact assessment will have to be undertaken in respect of each investment. In sections below proposed measures to mitigate potential environmental and non-resettlement impacts of the LMSEP are highlighted.
CHAPTER EIGHT: ENVIRONMENTAL AND SOCIAL MANAGEMENT
This chapter outlines the Environmental and Social Management (ESMP) and Monitoring Plan proposed for the project comprised of four core elements namely: the Impact Mitigation Plan (table 8.1), the Monitoring Plan (Table 8.2), Institutional Arrangements, and the ESMF budget (Table 8.4). As a Policy, environmental and social management in the project will be integrated in all stages on the development cycle of individual investments with supervision at both Municipal and PMU level. Further, the core approach to mitigation is avoidance of impacts but where conditions impose challenges to avoidance, measures to minimise adverse impacts while enhancing positive ones have been recommended.
8.1: The Impact Mitigation Plan
Arrangement: The Impact Mitigation Plan-IMP as outlined in table 8.1 below recognises three broad categories of impacts which have subsequently been lumped together as follows:
• General Impacts of construction: These are general to all civil works and have been addressed jointly;
• Specific Construction Phase Impacts: Impacts unique to each investment are identified and addressed;
• Specific Operation Phase Impacts: Impacts unique to the operation of each Investment have been identified and addressed.
Feasibility of Mitigation: Mitigation of potential impacts is largely feasible as the bulk of impacts are neutralised through application of routine management measures. Upon mitigation, the net social and environmental worth of the project is likely to improve drastically. An aggressive program for impact mitigation will have to be pursued permeating all stages of the Development Cycle right from feasibility stage through design to operation and maintenance.
Residual Impacts: This ESMF observes that a few adverse impacts anticipated have residual tendencies and cannot be completely eliminated through mitigation. The majority of such impacts are likely to manifest during the operation phase of proposed investments. This ESMF requires that detailed ESIA studies will be undertaken so as to fully investigate occurrence of such impacts in proposed projects in the event of which, design of investments will be amended as appropriate. A policy of avoidance will be pursued during design of such investments so as to minimize hazards.
Mitigation of Displacement: Resolution of displacement impacts will be through development and implementation of Resettlement Action Plans at the Design Stage of Investments. Modalities of developing the RAPs are the subject of the volume two to this report-the Resettlement Policy Framework (RPF). The cost of displacement will be borne in the entire cost of the investment. Towards resolution of non-resettlement social impacts, project design will pursue a policy of locally hiring workers who commute from their home to the construction sites and back.
Table 8.1 (a): Mitigation of general impacts of construction stage.
|Investment | Activity/Task |Primary Impact |Recommended Mitigation |Impact after |
| | | | |mitigation |
|These impacts are |Land acquisition for construction |Displacement of human settlements |Prepare and implement Resettlement Action Plans |N |
|general to all | | | | |
|investment | | | | |
| |Deployment of workers on site |Occupational Health and Safety Concerns for |Deploy sober qualified staff under competent supervision. Must |N |
| | |construction crew and others |provide PPEs. | |
| |Deployment of workers |Sanitation concerns for construction crew |Provide onsite sanitation facilities |O |
| |Initiation of labour intensive projects|Influx of speculative job seekers |Apply fair play with priority going to locals |O |
| |Deployment of construction workers |Proliferation of social concerns |Local hiring of workers coupled with a counselling program |N |
| | |(commercial sex, alcohol and drug abuse, multiple | | |
| | |homes) | | |
| |Deployment of construction workers |Exposure to HIV/AIDS and other vices |Local hiring of workers who go home after work coupled with |N |
| | | |sensitization programs. | |
| |Material borrowing and transport |Impacts in material borrow and transport areas |Rehabilitate to NEMA approval |O |
| |Opening up sites for construction |Stripping the land of vegetation and top soil. |Avoid volatile / ecologically sensitive sites |O |
| |Excavations and demolition activity |Generation of debris, waste soil and rubble |Disposal as appropriate. Reuse in civil works, landfills etc. |O |
| |Operation of Plants, Equipment and big|Generation of nuisances: dust, noise and vibrations|Prior warning to residents followed by effective management to |O |
| |labour force | |shorten period of construction activity. Wet curing to control | |
| | | |dust | |
| |Storage of fuel oils, lubricants, |Hazards of fire outbreak, oil and chemical spills. |Follow specifications of the Occupational Health and Safety Act, |N |
| |chemicals and flammable materials | |EMCA 1999 and others in the development and operation of stores. | |
| |Maintenance of Plant and Equipment |Generation of waste oil, filters and spare parts |All repairs in designated garages. Apply the 3Rs principle |O |
| | |maintenance of machine / equipment |(Reduce, re-use and recycle) in waste management. | |
| |Excavation, levelling and general civil|Damage to existing infrastructure (water, |Map and zone out all infrastructures for preservation. Budgetary |O |
| |works. |electricity) |allocation for replacement. | |
Table 8.1(b): Mitigation of construction impacts specific to each investment
|Investment |Activity |Primary Impact |Recommended Mitigation |Impact after |
| | | | |mitigation |
|Fire safety – fires |No unique impacts at construction stage . Construction of fires stations will follow guidelines for mitigation of construction stage impacts as relevant and applicable |
|engines and fires | |
|stations | |
|Parks and Markets |Rerouting of traffic to temporary bus |Inconvenience to passengers, traders and general |Shorten the period of construction |N |
| |parks |activity in affected areas |Improved signage for directions on re-routing | |
|Non- Motorised |Paving sidewalks and pedestrian |Potential for alteration of local hydrology due to |Harness and channel all runoff to functional drainage. |O |
|transport |passage, |creation of impervious surfaces | | |
| |Construction of overhead footbridges, | | | |
| |motorcycle yards and parking. | | | |
| | |Obstruction to access routes, visual intrusion |Provide alternative access, shorten construction period. |O |
|Storm-water drainage -|Opening new ground for pipeline and |Destruction of biodiversity along route of pipeline |Botanical surveys to delineate critical ecosystems for |O |
| |construction of outfalls at the sink |and outfall areas |conservation. | |
| |end. | |Analyze alternatives for best route selection to minimize any | |
| | | |adverse impact for new pipelines. | |
|Solid waste management|Opening up of new landfills, |Loss of scavenging livelihoods |Provide for compensations of scavengers in the RAPs |P |
|– |collection sorting and disposal of |Potential for leaching if landfill not designed |Follow standards and norms for scientific landfill design | |
| |solid waste |scientifically | | |
Table 8.1 (c): Mitigation of impacts at operation phase
|Investment |Activity |Primary Impact |Recommended Mitigation |Impact after |
| | | | |mitigation |
|non-motorized transport, | |Pedestrian and traffic conflict |Improve signage and direction for pedestrians and / or |N |
|rehabilitation of roads, | | |non-motorized traffic | |
|sidewalks | | | | |
|parks and market |Operation of Bus Parks and markets |Generation of solid waste (market refuse) |Modalities for waste management to be put in place – |N |
|infrastructure | | |ensure link of waste collection form bus park to | |
| | | |mainstream waste collection | |
| | |Nuisances (noise, dust, fumes) from vehicular traffic |Apply relevant legislation and rules such as Penal Code, |N |
| | | |EMCA, 1999 and others. | |
| | |Proliferation of petty crimes |Law enforcement and community policing / monitoring |N |
| | | |Creation of bus park / market infrastructure maintenance | |
| | | |committees to help monitoring | |
| | |Increase in accidents from vehicular traffic |Enforce Traffic Code and Municipal by-laws |N |
|Storm water drainage |Inadequate maintenance of storm water |Generation of additional effluent water in towns |Design must allow for removal of effluent water into |N |
| |drainage | |proper discharge network | |
| | |Hazards of contamination of groundwater at disposal |Locate outfall away from human settlements and shallow |N |
| | |point |groundwater areas. | |
| | |Hazards of mosquito breeding at sewage plant. |Must control mosquito breeding by LA, through malaria |N |
| | | |control program | |
| | |Hazard of accidental drowning |Restrict entry to staff only using a lockable entry. |O |
|Solid waste management |Operation of new dump yards/ landfills and|Degradation/littering along access route |Enforce LN on Waste Transport and handling. |N |
| |waste collection systems. | | | |
| | |Ground water contamination by leachates |Site Plant away from shallow groundwater. |N |
| |Operation of waste treatment plants |Air pollution from particulate and gaseous emissions |Design to allow for effective management of all effluent |N |
| | | |into proper discharge network | |
8.2: The ESMP Monitoring Plan
Impact mitigation in the LMSEP will start at the ESIA (Screening) stage. Accruing Environmental and Social Management and Monitoring Plans (ESMPs) will be used to refine/ amend Design of Investments by incorporating measures required to minimize impacts. The policy of avoidance will largely be applied here especially to mitigate impacts likely to manifest at the operation phase. The design will also allow for mitigation of construction phase activities mainly through provision of adequate budgets in the contract for construction for use in impact mitigation. The same will be reflected in the BOQs.
Arrangement: The generic ESMP monitoring plan for the project is provided in table 8.2 below organized in nine columns as follows:-
|Column No. |Narrative |
|Column One |Provides the Activity Group/ Sub component/ Investment |
|Column Two |Source of Impact / Specific activity |
|Column Three |Anticipated impact |
|Column Four |Proposed mitigation measure |
|Column Five |Phase of the Project Development Cycle when mitigation is required |
|Column Six |Identifies the responsibility for mitigations/ source of funding |
|Column Seven |Identifies the Objectively Verifiable Indicators (OVI) towards compliance |
|Column Eight |Allocates the responsibility for monitoring implementation of mitigation |
|Column Nine |Identifies responsibility for Statutory Oversight Monitoring |
Application of the ESMP Monitoring Plan: Once ESIA Studies are completed and respective ESMPs developed, the latter will find immediate application as follows:
i) Integration into the Final Design Report- as a standalone chapter and also to moderate design decisions
ii) Integration into the BOQs to ensure funding allocation of environmental and social mitigation
iii) Integration into the Contracts for Construction to ensure that the contractor is legally bound to implement impact mitigation
Table 8.2 (a): The ESMP Monitoring Plan for General Construction Activities.
|COLUMN |
|1 |2 |3 |4 |5 |6 |7 |8 |
|Investment |Activity |Primary Impact |Recommended Mitigation |Responsible |Objectively verifiable |Monitoring Authority |Monitoring |
| | | | | |indicators | |Oversight |
|General construction |Site acquisition for civil |Displacement of human |Prepare and implement Resettlement|Municipality |Approved RAPs |CDR |CDR |
|activities |works- |settlements. |Action Plans | | | | |
| |Opening up of sites for |Stripping the land of vegetation|Avoid volatile / ecologically |Contractor for |Clauses in Contract for |Municipality |CDR |
| |construction |and top soil. |sensitive sites |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Deployment of workers |Occupational Health and Safety |Deploy sober qualified staff under|Contractor for |Clauses in Contract for |Municipality |CDR |
| | |Concerns for construction crew |competent supervision. Must |construction |construction and Certificates | | |
| | |and others |provide PPEs. | |of Completion | | |
| |Deployment of workers |Sanitation concerns for |Provide onsite sanitation |Contractor for |Clauses in Contract for |Municipality |CDR |
| | |construction crew |facilities |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Initiation of labour |Influx of speculative job |Apply fair play with priority |Contractor for |Clauses in Contract for |Municipality |CDR |
| |intensive projects |seekers |going to locals |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Deployment of workers |Proliferation of unsafe sexual |Local hiring of workers coupled |Contractor for |Clauses in Contract for |Municipality |CDR |
| |especially in labour camps |practices and increased |with a substance abuse and |construction |construction and Certificates | | |
| | |substance abuse |HIV/AIDS counselling program | |of Completion | | |
| |Extraction of construction |Impacts in material borrow and |Rehabilitate to NEMA approval |Contractor for |Clauses in Contract for |Municipality |CDR |
| |materials |transport areas | |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Construction/ demolition |Generation of debris, waste soil|Disposal as appropriate |Contractor for |Clauses in Contract for |Municipality |CDR |
| |activity |and rubble | |construction |construction and Certificates | | |
| | | | | |of Completion | | |
| |Operation of plant and |Generation of nuisances:-dust, |Shorten period of construction |Contractor for |Clauses in Contract for |Municipality |CDR |
| |equipment |noise and vibrations |activity. Wet curing to control |construction |construction and Certificates | | |
| | | |dust | |of Completion | | |
| |Storage of fuel oils, |Hazards of fire outbreak, oil |Follow specifications of the |Contractor for |Clauses in Contract for |Municipality |CDR |
| |lubricants, chemicals and |and chemical spills. |Occupational Health and Safety |construction |construction and Certificates | | |
| |flammable materials | |Act, EMCA 1999 and others | |of Completion | | |
| |Maintenance / servicing of |Generation of waste oil, filters|All repairs in designated garages.|Contractor for |Clauses in Contract for |Municipality |CDR |
| |plants and Equipment |and spare parts from |Apply 3Rs. |construction |construction and Certificates | | |
| | |maintenance of machine / | | |of Completion | | |
| | |equipment | | | | | |
| |Clearing and excavation to |Destruction of biodiversity |Botanical surveys to delineate |Municipality |Utilities map/ Budget for |Municipality |CDR |
| |lay pipe work |along route of pipeline, |critical ecosystems for | |repairs | | |
| | |outfall and sewage treatment |conservation. | | | | |
| | |plant | | | | | |
| |Displacement of traders by |Loss of livelihoods |Provide for compensations of |Municipality |Approved RAP |Municipality |CDR |
| |civil works | |scavengers in the RAPs | | | | |
Table 8.2 (b): The ESMP for Investment-specific construction activities.
|COLUMN |
|1 |2 |3 |4 |5 |6 |7 |8 |
|Investment |Activity |Primary Impact |Recommended Mitigation |Responsible Cost Head |Objectively Verifiable |Monitoring Authority |Monitoring |
| | | | | |Indicators | |Oversight |
|Rehabilitation of roads and |Construction of Fire |There are no impacts considered unique to construction of non-motorised transport facilities. The above stated construction stage impacts will apply as |
|sidewalks |Stations/ Purchase of fire |relevant |
| |engines | |
| Parks and market infrastructure |Construction of impervious |Alteration of local hydrology |Harness and channel all runoff|Municipality |Utilities map/ Budget |Municipality |CDR |
| |surfaces such as bus parks | |to functional drainage. | |for repairs | | |
| Storm Water Drainage |Excavation, other civil |Obstruction of to access |Provide alternative access, |Municipality |Utilities map/ Budget |Municipality |CDR |
| |works |routes, visual intrusion |shorten construction period. | |for repairs | | |
|Solid waste management-Land Fills, |Development of waste to |There are no activities considered unique to investments in solid waste management |
|purchase of collection and |Energy Plants – |Table 8.1 above mentions impacts related to activities in this category of investment |
|Transport of waste | |Additionally in this case specific ESIA will be prepared. |
Table 8.2 (c): The ESMP for Operation Phase Impacts
|COLUMN |
|1 |2 |3 |4 |5 |6 |7 |8 |
|Investment |Activity |Primary Impact |Recommended Mitigation |Responsible Cost |Objectively Verifiable |Monitoring Authority |Monitoring Oversight |
| | | | |Head |Indicators | | |
|Roads, sidewalks |Operation of pedestrian |Misuse of pedestrian passage by |Physical barriers to motor |Clauses in the |Design report, Clauses |Municipality |CDR |
| |passage, overhead |motorised traffic-either for passage or|vehicles. |Contract for |in Contract for | | |
| |footbridges |parking – conflict with motorized |Improved direction and signage |construction |construction, Completion| | |
| | |traffic | | |Certificates | | |
| | |Creation of impervious surface causing |Use of paving technology that |Contract for |Clauses in Contract for|Municipality |CDR |
| | |runoff generation |allows for infiltration |Construction |Construction | | |
| | | |Check alignment of passages | | | | |
| | | |proposed, follow road alignment to | | | | |
| | | |the extent possible | | | | |
|Parks and market |Operation of markets and |Generation of solid waste (market |Modalities for waste management to |Municipality |An approved waste |Municipality |CDR |
|infrastructure |parks |refuse) |be put in place | |management plan | | |
| |Operation of parks |Nuisances (noise, dust, fumes) from |Apply relevant legislation and |Municipality |Enforcement Plan |Municipality |CDR |
| | |vehicular traffic |rules | | | | |
| | |Proliferation of petty crimes |Law enforcement and community |Municipality |Enforcement Plan |Municipality |CDR |
| | | |policing. | | | | |
| | |Accidents from vehicular traffic |Enforce Traffic Code and Municipal |Municipality |Enforcement Plan |Municipality/ Traffic |CDR |
| | | |bylaws | | |Department | |
|Storm Water Drainage |Operation of Storm Water |Hazards of contamination of groundwater|Locate Plant away from human |Contract for |Design Report, EIA |Municipality |CDR |
| |Drainage infrastructure |and mosquito breeding at sewage plant. |settlements and shallow groundwater|Design |Report, | | |
| | | |areas. | | | | |
| | |Hazards of mosquito breeding at clogged|Must control mosquito breeding. |Municipality |Program for mosquito |Municipality |CDR |
| |Inadequate maintenance of |sewage plant. | | |control. Budgets | | |
| |drainage | | | | | | |
| | |Hazard of accidental drowning |Restrict entry to staff only using |Municipality |Construction report |Municipality |CDR |
| | | |a lockable entry. | |backed by approved O&M | | |
| | | | | |plan. | | |
|Solid waste management-Land|Transport of refuse |Degradation/littering along access |Enforce LN on Waste Transport and |Municipality |Clauses in contracts for|Municipality |CDR |
|Fills, purchase of | |route |handling. | |garbage transport. | | |
|collection and Transport of| | | | | | | |
|waste | | | | | | | |
| |On site storage of refuse |Groundwater contamination by leachates |Site Plant away from shallow |Contract for |Clauses in contract for |Municipality |CDR |
| | | |groundwater. |Design |design, approved design | | |
| | | | | |report. | | |
| |Waste to Energy processing|Air pollution from particulate and |Design to allow for effective |Contract for |Clauses in contract for |Municipality |N |
| | |gaseous emissions |management of all effluent |design |design. Approved design | | |
| | | | | |report. | | |
8.3: Institutional Arrangement for ESMP Implementation
This section presents the Institutional Framework for environmental management within the LMSEP. The purpose of this ESMF is to ensure that environmental and social management is integrated into the entire development cycle of individual investments to be financed under the LMSEP. In sections below, a highlight of mitigation process at respective levels of the project cycle is provided.
Mitigation at design stage: The design stage is crucial as the point where all mitigation activity will be planned for and resources allocated. CDR will therefore take charge and supervise design works and will ensure that contracts for design works bear clauses requiring Design Teams to plan for and allocate resources for impact mitigation. It will be the responsibilities of CDR Municipality to ensure that respective ESMP are integrated wholly into design reports.
Mitigation at Construction Stage: Mitigation at construction stage will take place as part of the contracts for Civil Works. Contracts for Civil works will therefore bear clauses binding respective contractors to undertake impact mitigation as par the Design Report. CDR will monitor activities of contractors to ensure delivery as per contracts.
Mitigation at Operation Phase: All contracts for Civil Works will allow for a one year Defect Liability Period when contractors will still be bound to undertake impact mitigation alongside routine repairs. Beyond the Defect Liability Period, all mitigation will fall on the Municipality.
8.3.1: Supervision of Environmental and Social Mitigation
Supervision at Municipality Level: The municipalities, jointly with CDR will take charge and responsibility for supervising impact mitigation. The Municipal engineer in association with the PMU will take technical responsibility for supervising impact mitigation following which; a report will be filed and retained at municipality. Specifically, quarterly reports will be filed with copies to the PMU at CDR.
Supervision at PMU level: Being overall responsible for provision of technical oversight in the LMSEP, the PMU holds sway in determining achievement or otherwise of the objectives of the LMSEP. Thus, to drive the LMSEP vision and mission, the PMU will undertake routine and programmed supervision of the Project to oversee, among others, impact mitigation. The PMU will also coordinate external supervision missions and will therefore be party to aide memoires in respect of the Project.
8.3.2: Impact Monitoring Program
Monitoring will take place at three levels:
Internal Monitoring: The entire process of supervision as elaborated above is generally part of the internal monitoring program whereby accruing reports will be reviewed to generate information on project status. Towards coordination of Internal monitoring, the members of the PMU including the resident environmental specialist will attend all Monthly site Meetings where implementation of the ESMP will form part of the agenda.
External Monitoring: The LMSEP will be subjected to external monitoring by both the PMU and the World Bank. Both internal and external monitoring will be guided by the ESMP outlined in table 8.2 above to generate information on:
i) Nature of impacts at each project phase and whether the impact was anticipated
ii) Proposed Mitigation Activity for anticipated impacts and possible mitigation of emergent impacts
iii) General sensitivity of the ESMP to project impacts
iv) Responsibility for mitigating old and emergent impacts
v) Success or otherwise in mitigation of anticipated and new impacts and reasons for non- achievement
vi) Effectiveness of all players in the Impact Mitigation Plan and reasons for non-performance. Proposed remedies.
vii) Effectiveness or otherwise in securing implementation of impact mitigation and measures required to tighten the process.
viii) Flow of information in the monitoring process and reasons for non-achievement.
Periodic review of the ESMP and ESMF: Based on information accruing from the seven questions above, the efficacy of the ESMMP will be reviewed and updated accordingly. Thus by updating the ESMMPs, this ESMF will also undergo review but at localised level only. The need to update this ESMF is not foreseen unless project implementation suffers undue delay.
LMSEP investments will be subjected to mandatory annual Environmental audits. In carrying out of the Environmental Audit study, the auditor shall ensure that an appraisal of all the project activities, including the production of goods and services, is carried out giving adequate consideration to environmental regulatory frameworks, environmental health and safety measures and sustainable use of natural resources.
8.3.3 Reporting Within the LMSEP
The following reports and documents will be produced under the LMSEP:
i) ESIA Reports for each Investment
ii) Detailed map of utilities pre-existing the Investment
iii) Detailed Design reports with a Chapter on the ESMP
iv) Quarterly reports with a section on the ESMP
v) Annual reports with a Chapter on the ESMP
vi) Annual audit report produced after one year of project operation
vii) Ad hoc reports as required.
8. Cost Estimate
An interim budget for environmental management within the LMSEP has been estimated at 200,000 USD, in line with the CHUD project. It must be pointed out that this sum is just provisional as realistic estimates will accrue from ESIA processes in respect of individual sub-projects.
Annex 1
ESMP Contractual Provisions
All mitigation will be planned for at the Design Stage through integrating of ESMPs into the design of respective Investments. Under this ESMF, therefore, it is fundamental that ESIA studies take place before detailed design stage. Based on outcome of the ESIA Studies, respective designs will be amended so as to minimize or entirely avoid damage as identified. Design phase will also zone out and map all existing infrastructure either for preservation of for computation of replacement costs. Other mitigation activity will take place either during construction or operation phase, depending on when impacts manifest.
1. Permits and Licenses
i) The Contractor shall ensure that all pertinent permits, certificates and licences have been obtained prior to any activities commencing on site and are strictly enforced/ adhered to;
ii) The Contractor shall maintain a database of all pertinent permits and licences required for the contract as a whole and for pertinent activities for the duration of the contract.
2. Location of Contractor’s camp site
Where the contractor will require setting up a site, the same shall be determined in collaboration with the RE taking into consideration the following:
a. Preferably to be located on land already cleared wherever possible;
b. Not to be installed in the areas used as wildlife grazing areas or migratory corridors or in the area with more dense vegetation or densely settled areas;
c. It should also avoid the areas, where the soil has higher erosion risk;
d. The need to be more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
e. The local administration shall be involved in the site location to avoid destruction of any ritual site or any other conflict;
f. The Contractor’s Camp layout shall take into account availability of access for deliveries and services and any future works;
g. The Contractor’s Camp should also be of sufficient size to accommodate the needs of all sub-contractors that may work on the project.
3. Environmental Training and Awareness
i) The Contractor and sub-contractors shall be aware of the environmental requirements and constraints on construction activities contained in the provisions of the ESMP;
ii) The Contractor will be required to provide for the appropriate Environmental Training and Awareness as described in this ESMP in his costs and programming;
iii) An initial environmental awareness training session shall be held by the LA prior to any work commencing on site, with the target audience being all project personnel;
iv) The training shall include but not limited to the following
• Basic awareness and understanding of the key environmental features of the work site and environs;
• Understanding the importance of and reasons why the environment must be protected;
• Ways to minimize environmental impacts;
• Relevant requirements of the ESMP;
• Prevention and handling of fire;
• Health risks pertinent to the site, including prevention of communicable diseases;
• Awareness, prevention and minimization of risk with regard to the contraction and spread of HIV/AIDS and other sexually transmitted diseases;
• The Contractor shall erect and maintain Environmental and Health Information Posters for his employees regarding HIV/AIDS, protection of wildlife and natural resources;
• The Environmental and Health Information Posters shall be erected at the eating areas and any other locations specified by the RE.
4. HIV/AIDS awareness and prevention campaign
i. The Contractor shall institute HIV/AIDS awareness and prevention campaign amongst his workers for the duration of the contract, contracting implementing organization, with preference for an organization already working on this issue in the project area;
ii. The campaign shall include the training of facilitators within the workers, information posters in more frequented areas in the campsite and public areas, availability of promotional material (T-shirts and caps), availability of condoms (free) and theatre groups.
5. Local Labor/Employment
Wherever possible, the Contractor shall use local labour, and women must be encouraged to be involved in construction work.
6. ESMP management records
Environmental management records shall be kept on site during the duration of construction and shall include the following:
7. Other Provisions
The contractor shall implement the following as required:
i. A suitable storm-water drainage system to prevent soil erosion, protect storage areas and to prevent stagnant ponds forming;
ii. A suitable potable water supply;
iii. Suitable facilities for bathing, washing clothes or vehicles – site staff will not be permitted to use open water bodies for such activities;
iv. Suitable sanitation facilities, adequate for the number of staff on site;
v. Facilities for cooking;
vi. Facilities for solid waste collection;
vii. Facilities for waste water management.
The method for provision of these services will be approved by the responsible engineer.
7.1 Water Supply
The Contractor must adhere to water quality regulations and rules. These Rules describe the following:
a) Water sources for domestic use;
b) Sewage treatment;
c) Ground water;
d) Water for agricultural use;
e) Water for other uses;
f) Schedules depicting standards.
Abstractions from natural, municipal and/or private water resources (e.g. rivers, boreholes and springs) for potable water and construction water shall be approved by the Water Resources Management Authority. The Contractor shall arrange for the necessary approvals / permits from the water authorities under the direction of MoR for the abstraction of water.
7.2 Conservation of vegetation and protection of wildlife
i. Except to the extent necessary for establishing the construction site and carrying out the construction works, vegetation shall not be removed, damaged or disturbed. Nor should any unauthorized planting of vegetation take place;
ii. The clearance of the site for construction purposes shall be kept to a minimum. The use of existing cleared or disturbed areas for the Contractor’s Camp, stockpiling of materials etc. shall be encouraged;
iii. Areas with dense indigenous vegetation are not to be disturbed unless required for construction purposes, nor shall new access routes be cut through such areas.
iv. Trees should be trimmed rather than removed wherever possible;
v. The use of indigenous plants as firewood is prohibited unless they are obtained from approved sources;
vi. There is a possibility of encountering wildlife during the construction works, these animals should be avoided and not perturbed;
vii. Wildlife poaching or game hunting is forbidden.
7.3 Protection of watercourses
a. The Contractor shall ensure that the footprint of construction activities is minimized at river and stream crossings;
b. Sedimentation from the construction works of perennial rivers and streams must be minimized;
c. No construction materials shall be stockpiled within areas that are at risk of flooding;
d. The Contractor shall ensure that all construction activities at the seasonal river crossings are commenced and completed during the dry seasons;
e. All temporary and permanent fill used adjacent to, or within, the perennial river bed shall be of clean sand or larger particles. Silts and clays shall not be permitted in the fill;
f. Plastic sheeting, sandbags or geo-fabric approved by the RE shall be used to prevent the migration of fines through the edges of the fill into the river;
g. The Contractor shall not modify the banks or bed of a watercourse other than necessary to complete the specified works. If such unapproved modification occurs, the Contractor shall restore the affected areas to their original profile;
h. The Contractor shall preserve all riparian vegetation;
i. The Contractor shall not pollute the watercourse through any construction activities.
7.4 Planning Borrow Pits and Quarries
Where required, all borrow pits sites shall be clearly indicated on a plan and approved by the RE.
i. The Contractor will be responsible for ensuring that appropriate authorization to use the proposed borrows pits and quarries has been obtained before commencing activities;
ii. Borrow pits and quarries shall be located more than 20 meters from watercourses in a position that will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
iii. The Contractor shall give 14 days’ notice to nearby communities of his intention to begin excavation in the borrow pits or quarries;
iv. The Contractor shall prepare and implement borrow pit plans and borrow pit rehabilitation plans, which would minimize the risk of erosion.
7.5 Construction and Operation of New Borrow Pits and Quarries
a. Topsoil shall be stripped prior to removal of borrow and stockpiled on site. This soil shall be replaced on the disturbed once the operation of the borrow site or quarry is complete;
b. Storm-water and groundwater controls shall be implemented to prevent runoff entering streams and the slumping of soil from hillside above;
c. The use of borrow pits or quarries for material spoil sites may be approved by the RE (and/or with the appropriate consent of the “landowner”). Where this occurs, the materials spoiled in the borrow pit shall be profiled to fit into the surrounding landscape and covered with topsoil.
7.6 Blasting
i. If blasting is required, the Contractor will be responsible for obtaining a current and valid authorization from the Department of Mines and Geology prior to any blasting activity. A copy of this authorization shall be given to the RE;
ii. A qualified and registered blaster by the Department of Mines and Geology shall supervise all blasting and rock-splitting operations at all times;
iii. The Contractor shall ensure that appropriate pre blast monitoring records are in place (i.e. photographic and inspection records of structures in close proximity to the blast area);
iv. The Contractor shall ensure that emergency services are notified, in writing, a minimum of 24 hours prior to any blasting activities commencing on Site;
v. The Contractor shall take necessary precautions to prevent damage to special features and the general environment, which includes the removal of fly-rock. Environmental damage caused by blasting/drilling shall be repaired at the Contractor’s expense to the satisfaction of the RE and the relevant authorities;
vi. The Contractor shall ensure that adequate warning is provided to the local communities immediately prior to all blasting. All signals shall also be clearly given;
vii. The Contractor shall use blast mats for cover material during blasting. Topsoil shall not be used as blast cover.
7.7 Asphalt, Bitumen and Paving
The site of the asphalt plant shall be selected and maintained according to the following basic criteria:
a. The plant shall be situated on flat ground;
b. Topsoil shall be removed prior to site establishment and stockpiled for later rehabilitation of the site;
c. Bitumen drums / products shall be stored in an area approved by the RE. This area shall be indicated on the construction camp layout plan. The storage area shall have a smooth impermeable (concrete or thick plastic covered in gravel) floor. The floor shall be bunded and sloped towards a sump to contain any spillages of substances;
d. The area shall be covered to prevent rainwater from contacting the areas containing fuels, oils, bitumen etc and potentially generating contaminated runoff;
e. The plant shall be secured from trespassers and animals through the provision of fencing and a lockable gate to the satisfaction of the RE;
f. Well-trained staff shall be responsible for plant workings.
g. Within the bitumen plant site, areas shall be demarcated/marked for plant materials, wastewater and contaminated water;
h. An area should be clearly marked for vehicle access;
i. Drums/tanks shall be safely and securely stored;
j. Materials requiring disposal shall be disposed of at an appropriate waste facility.
7.8 Cement/Concrete Batching
i. Where required, a Concrete batching plant shall be located more than 20m from the nearest stream/river channel;
ii. Topsoil shall be removed from the batching plant site and stockpiled;
iii. Concrete shall not be mixed directly on the ground;
iv. The concrete batching works shall be kept neat and clean at all times;
v. Contaminated storm-water and wastewater runoff from the batching area and aggregate stockpiles shall not be permitted to enter streams but shall be led to a pit where the water can soak away;
vi. Unused cement bags are to be stored so as not to be effected by rain or runoff events;
vii. Used bags shall be stored and disposed of in a manner which prevents pollution of the surrounding environment (e.g. via wind-blown dust);
viii. Concrete transportation shall not result in spillage;
ix. Cleaning of equipment and flushing of mixers shall not result in pollution of the surrounding environment;
x. Suitable screening and containment shall be in place to prevent wind-blown contamination associated with any bulk cement silos, loading and batching;
xi. Waste concrete and cement sludge shall be scraped off the site of the batching plant and removed to an approved disposal site;
xii. All visible remains of excess concrete shall be physically removed on completion of the plaster or concrete and disposed at an approved disposal site. Washing the remains into the ground is not acceptable;
xiii. All excess aggregate and sand shall also be removed;
xiv. After closure of the batching plant or any area where concrete was mixed all waste concrete/cement sludge shall be removed together with contaminated soil. The surface shall then be ripped to a depth of 150mm and the topsoil replaced evenly over the site and re-grassed.
7.9 Air and dust emissions
Air emissions from construction machinery, including dust, is regarded as a nuisance when it reduces visibility, soils private property, is aesthetically displeasing or affects palatability of grazing. Dust generated by construction related activities must be minimized.
The Contractor shall be responsible for the control of air emissions and dust arising from his operations and activities.
a. Workers shall be trained on management of air pollution from vehicles and machinery. All construction machinery shall be maintained and serviced in accordance with the contractor’s specifications;
b. Asphalt plants and concrete batching plants shall be well sealed and equipped with a dust removal device;
c. Workers shall be trained on dust minimization techniques;
d. The removal of vegetation shall be avoided until such time as clearance is required and exposed surfaces shall be re-vegetated or stabilized as soon as practically possible;
e. The contractor shall not carry out dust generating activities (excavation, handling and transport of soils) during times of strong winds. The RE shall suspend earthworks operations wherever visible dust is affecting properties adjoining the road;
f. Water sprays shall be used on all earthworks areas within 200 meters of human settlement. Water shall be applied whenever dust emissions (from vehicle movements or wind) are visible at the site in the opinion of the RE;
g. Vehicles delivering soil materials shall be covered to reduce spills and windblown dust;
h. Vehicle speeds shall be limited to minimize the generation of dust on site and on diversion and access roads;
i. Any complaints received by the Contractor regarding dust will be recorded and communicated to the RE and ESO.
7.10 Disruption of Access to Property
Disruption of access to property must be kept to a minimum at all times. Where such disruption is unavoidable, the Contractor shall advise the affected parties and the RE at least seven working days in advance of such disruption.
Spoil Sites
Where the Contractor is required to spoil material, environmentally acceptable spoil sites must be identified and approved by the RE and EO, taking into consideration the following:
i. Preferably to be located on land already cleared wherever possible. Communities shall be involved in the site location to avoid destruction of any ritual site or any other conflict;
ii. The need to be more than 20 meters from watercourses and in a position that
iii. will facilitate the prevention of storm-water runoff from the site from entering the watercourse;
iv. The development and rehabilitation of spoil areas shall include the following activities:
v. Stripping and stockpiling of topsoil;
vi. Removal (to a nominal depth of 500mm) and stockpiling of subsoil;
vii. Placement of spoil material.
viii. Contouring of spoil site to approximate natural topography and drainage and/or reduce erosion impacts on the site;
ix. Placement of excavated subsoil and then topsoil over spoil material;
x. Contouring and re-vegetation;
xi. The Contractor shall ensure that the placement of spoil is done in such a manner to minimize the spread of materials and the impact on surrounding vegetation and that no materials ‘creep’ into ‘no-go’ areas.
7.11 Noise Control
a. The Contractor shall keep noise level within acceptable limits and construction activities shall, where possible, be confined to normal working hours in the residential areas;
b. Schools, hospitals and other noise sensitive areas shall be notified by the Contractor at least 5 days before construction is due to commence in their vicinity. Any excessively noisy activity shall be conducted outside of school hours, where approved by the RE;
c. Any complaints received by the Contractor regarding noise will be recorded and communicated to the RE;
d. The Contractor must adhere to Noise Prevention and Control Rules of April 2005.
7.12 Storm-water Management and Erosion Control
The Contractor shall take reasonable measures to control storm water and the erosive effects. During construction the Contractor shall protect areas susceptible to erosion by installing necessary temporary and permanent drainage works as soon as possible and by taking measures to prevent the surface water from being concentrated in drainage channels or streams and from scouring slopes, banks or other areas.
Areas affected by construction related activities and/or susceptible to erosion must be monitored regularly for evidence of erosion, these include: Areas stripped of topsoil; Soil stockpiles; Spoil sites; Borrow pits; Sites for bridges and drainage structures. On any areas where the risk of erosion is evident, special measures may be necessary to stabilize the areas and prevent erosion. These may include, but not be limited to:
i. Confining construction activities;
ii. Using cut off drains;
iii. Using mechanical cover or packing structures such as geo-fabric to stabilize steep slopes or hessian, gabions and mattress and retaining walls;
iv. Mulch or chip cover;
v. Constructing anti-erosion berms;
vi. The erosion prevention measures must be implemented to the satisfaction of the RE;
vii. Where erosion does occur on any completed work/working areas, the Contractor shall reinstate such areas and areas damaged by the erosion at his own cost and to the satisfaction of the RE and ESO;
viii. The Contractor shall be liable for any damage to downstream property caused by the diversion of overland storm water flows.
7.13 Equipment Maintenance and Storage
▪ All vehicles and equipment shall be kept in good working order, are serviced regularly and stored in an area approved by the RE;
▪ Leaking equipment shall be repaired immediately or removed from the site;
▪ All washing of equipment shall be undertaken in the workshop or maintenance areas which shall be equipped with suitable impermeable floor and sump/oil trap. The use of detergents for washing shall be restricted to low phosphate/nitrate-type detergents;
▪ Rivers and streams shall not be used for washing of equipment and vehicles.
7.14 Sanitation
a. The Contractor shall comply with all laws and any by-laws relating to public health and sanitation;
b. All temporary/ portable toilets or pit latrines shall be secured to the ground to the satisfaction of the RE to prevent them from toppling over;
c. The type and exact location of the toilets shall be approved by the RE prior to establishment. The use of septic tanks may only be used after appropriate investigations have been made and the option has been approved by the RE;
d. All toilets shall be maintained by the Contractor in a clean sanitary condition to the satisfaction of the RE;
e. A wash basin with adequate clean water and soap shall be provided alongside each toilet. Staff shall be encouraged to wash their hands after use of the toilet, in order to minimize the spread of possible disease;
f. The Contractor shall ensure that no spillage occurs when the toilets are cleaned or emptied and that the contents are removed from the site to an appropriate location/facility for disposal;
g. The Contractor shall instruct their staff and sub-contractors that they must use toilets provided and not the bush or watercourses.
7.15 Solid Waste Management
The site is to be kept clean, neat and tidy at all times. No burying or dumping of any waste materials, vegetation, litter or refuse shall be permitted. The Contractor must adhere to Environmental Management and Co-ordination (Waste Management) Regulations 2006. The Contractor shall implement measures to minimize waste and develop a waste management plan to include the following:-
i. All personnel shall be instructed to dispose of all waste in a proper manner;
ii. At all places of work the contractor shall provide litter collection facilities;
iii. The final disposal of the site waste shall be done at the location that shall be approved by the RE, after consultation with local administration and local leaders;
iv. The provision of sufficient bins (preferably vermin and weatherproof) at the camp and work sites to store the solid waste produced on a daily basis;
v. Wherever possible, materials used or generated by construction shall be recycled;
vi. Provision for responsible management of any hazardous waste generated during the construction works.
7.16 Wastewater and Contaminated Water Management
a. No grey water runoff or uncontrolled discharges from the site/working areas (including wash down areas) to adjacent watercourses and/or water bodies shall be permitted;
b. Water containing such pollutants as cements, concrete, lime, chemicals and fuels shall be discharged into a conservancy tank for removal from site. This particularly applies to water emanating from concrete batching plants and concrete swills;
c. The Contractor shall also prevent runoff loaded with sediment and other suspended materials from the site/working areas from discharging to adjacent watercourses and/or water bodies;
d. Potential pollutants of any kind and in any form shall be kept, stored and used in such a manner that any escape can be contained and the water table not endangered;
e. Wash areas shall be placed and constructed in such a manner so as to ensure that the surrounding areas (including groundwater) are not polluted;
f. The Contractor shall notify the RE of any pollution incidents on site.
7.17 Workshops
Where practical, all maintenance of equipment and vehicles on Site shall be performed in the workshop.
i. If it is necessary to do maintenance on site, but outside of the workshop area, the Contractor shall obtain the approval of the RE prior to commencing activities;
ii. The Contractor shall ensure that there is no contamination of the soil, vegetation or surface water in his workshop and other plant or emergency maintenance facilities.
The workshop shall be kept tidy at all times and shall have the following as a minimum:
a. A smooth impermeable floor either constructed of concrete or suitable plastic covered with sufficient gravel to protect the plastic from damage;
b. The floor shall be bounded and sloped towards an oil trap or sump to contain any spillages of substances (e.g. oil);
c. Drip trays shall be used to collect the waste oil and lubricants during servicing and shall also be provided in construction areas for stationary plant (such as compressors);
d. The drip trays shall be inspected and emptied daily;
e. Drip trays shall be closely monitored during wet weather to ensure that they do not overflow.
7.18 General Materials Handling, Use and Storage
i. All materials shall be stored within the Contractor’s camp unless otherwise approved by the RE;
ii. Stockpile areas shall be approved by the RE;
iii. All imported fill, soil and/or sand materials shall be free of weeds, litter and contaminants. Sources of imported materials shall be listed and approved by the RE;
iv. The Contractor shall ensure that delivery drivers are informed of all procedures and restrictions (including ‘No go’ areas) required;
v. Any electrical or petrol driven pumps shall be equipped and positioned so as not to cause any danger of ignition of the stored product;
vi. Collection containers (e.g. drip trays) shall be placed under all dispensing mechanisms for hydrocarbons or hazardous liquid substances to ensure contamination from any leaks is reduced;
vii. Regular checks shall be conducted by the Contractor on the dispensing mechanisms for all above ground storage tanks to ensure faulty equipment is identified and replaced in timely manner;
viii. Only empty and externally clean tanks may be stored on bare ground. All empty and externally dirty tanks shall be sealed and stored on an area where the ground has been protected.
7.19 Fuels, Oils, Hazardous Substances and other Liquid Pollutants
a. Hazardous materials shall not be stored within 2 kilometers of the top water level of public water supply reservoirs;
b. Hazardous materials shall be stored above flood level and at least 20 meters from any watercourse;
c. Areas for the storage of fuel and other flammable materials shall comply with standard fire safety regulations;
d. Chemicals and fuel shall be stored in storage tanks within a secure compound. All chemicals and fuels shall be stored in accordance with manufacturer's instructions;
e. Storage areas or secondary containment shall be constructed of waterproof reinforced concrete or approved equivalent, which is not adversely affected by contact with chemicals captured within them;
f. The minimum volume for secondary containment shall be 110% of the capacity of the largest tank system, plus 10% of the total capacity of all other separate tanks and containers within the bund wall with closed valves for controlled draining during rains;
g. Pipe-work carrying product from the tank to facilities outside the containment shall be provided with secondary containment;
h. Tank equipment such as dispensing hoses, valves, meters, pumps, and gauges shall be located within the containment or provided with own containment;
Security shall be provided to guard against vandalism when the site is unattended. This includes:
i. Fencing of the tank compound with locks or other adequate security controls at the site;
ii. Locks on unattended dispensing hoses;
iii. Appropriate training for the handling and use of fuels and hazardous material is to be provided by the Contractor as necessary. This includes providing spill response and contingency plans;
iv. Extreme care will be taken when transferring chemicals and fuels from storage vessels to equipment and machinery on an impervious sealed area which is curbed and graded to prevent run-off. Chemical and fuel transfer areas shall drain away from the perimeter bund to a containment pit. The design shall provide for the safe and efficient movement of vehicles;
v. All chemicals stored within the bunded areas shall be clearly labelled detailing the nature and quantity of chemicals within individual containers;
vi. Any chemical or fuel spills shall be cleaned up immediately. The spilt liquid and clean-up material shall be removed, treated and transported to an appropriate site licensed for its disposal;
vii. Storm water shall be diverted away from the fuel handling and storage areas. An oil water interceptor shall be provided to treat any rainwater from fuel storage and handling areas.
7.20 Health, Safety and Security
General Health and Safety
a. The Contractor shall comply with all standard and legally required health and safety regulations as promulgated by Occupational Health and Safety Act and the Factories and Other Places of Work Regulations;
b. The Contractor shall provide a standard first aid kit at the site office;
c. The Contractor shall ensure that staff are made aware of the risks of contracting or spreading sexually transmitted diseases, particularly HIV/AIDS and how to prevent or minimize such risks;
d. The Contractor shall be responsible for the protection of the public and public property from any dangers associated with construction activities, and for the safe and easy passage of pedestrians and traffic in areas affected by the construction activities;
e. All works which may pose a hazard to humans and domestic animals are to be protected, fenced, demarcated or cordoned off as instructed by the RE. If appropriate, symbolic warning signs must be erected;
f. Speed limits appropriate to the vehicles driven are to be observed at all times on access and haul roads. Operators and drivers are to ensure that they limit their potential to endanger humans and animals at all times by observing strict safety precautions;
g. No unauthorized firearms are permitted on site;
h. The Contractor shall provide the appropriate Personal Protective Equipment for staff.
7.21 HIV/AIDS
The implementing agency for HIV/AIDS campaign shall monitor activities regularly to assess effectiveness and impact. This should include an initial, interim and final assessment of basic knowledge, attitude and practices taking account of existing data sources and recognizing the limitations due to the short timeframe to show behavior change. The assessment will be supported by qualitative information from focus group discussions.
7.21 Fire Prevention and Control
i. The Contractor shall take all reasonable and precautionary steps to ensure that fires are not started as a consequence of his activities on site;
ii. The Contractor shall ensure that there is basic fire-fighting equipment available on site;
iii. The Contractor shall supply all living quarters, site offices, kitchen areas, workshop areas, materials, stores and any other areas identified by the RE with tested and approved fire-fighting equipment;
iv. Flammable materials should be stored under conditions that will limit the potential for ignition and the spread of fires;
v. ‘Hot’ work activities shall be restricted to a site approved by the RE;
Smoking shall not be permitted in those areas where there is a fire hazard. These areas shall include:
a. Workshop;
b. Fuel storage areas;
c. Any areas(e.g. park/forest areas) where vegetation or other material is such as to make liable the rapid spread of an initial flame;
The Contractor shall ensure that all site personnel are aware of the fire risks and how to deal with any fires that occur. This shall include, but not be limited to:
❖ Regular fire prevention talks and drills;
❖ Posting of regular reminders to staff;
❖ Any fires that occur shall be reported to the RE immediately and then to the relevant authorities;
❖ In the event of a fire, the Contractor shall immediately employ such plant and personnel as is at his disposal and take all necessary action to prevent the spread of the fire and bring the fire under control;
❖ Costs incurred through fire damage will be the responsibility of the Contractor, should the Contractor’s staff be proven responsible for such a fire.
7.22 Emergency Procedures
The Contractor shall submit Method Statements covering the procedures for the main activities which could generate emergency situations through accidents or neglect of responsibilities. These situations include, but are not limited to:
a. Accidents at the work place;
b. Accidental fires;
c. Accidental leaks and spillages;
d. Vehicle and plant accidents;
Specific to accidental leaks and spillages:
i. The Contractor shall ensure that his employees are aware of the procedure for dealing with spills and leaks;
ii. The Contractor shall also ensure that the necessary materials and equipment for dealing with the spills and leaks is available on site at all times;
7.23 Site Security
During public consultation, the local community reported that there is insecurity along the project road at night. The Contractor will need to take the following measures:
a. Appropriate fencing, security gates, shelter and/or security guards are to be provided at the Construction Site to ensure the security of all plant, equipment and materials, as well as to secure the safety of site staff;
b. The Contractor must ensure that good relations are maintained with local communities and their leaders to help reduce the risk of vandalism and theft;
c. Site staffs that are found to be involved in incidences of theft or pose other security risks to the local community are to be dismissed and reported to the authorities.
Annex 2
Chance Find Procedures
1. Introduction
Contracts for civil works involving excavations should normally incorporate procedures for dealing with situations in which buried physical cultural resources (PCR) are unexpectedly encountered. The final form of these procedures will depend upon the local regulatory environment, including any chance find procedures already incorporated in legislation dealing with antiquities or archaeology. For LMSEP, chance finds procedures contain the following elements:
2. PCR Definition
In some cases the chance finds procedure is confined to archaeological finds; more commonly it covers all types of PCR. In the absence of any other definition from the local cultural authorities, the following definition could be used: “movable or immovable objects, sites, structures or groups of structures having archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance”.
3. Ownership
The identity of the owner of the artifacts found should be ascertained if at all possible. Depending on the circumstances, the owner could typically be, for example, the state, the government, a religious institution, the land owner, or could be left for later determination by the concerned authorities.
4. Recognition
As noted above, in PCR-sensitive areas, recognition and confirmation of the specific PCR may require the contractor to be accompanied by a specialist. A clause on chance finds should be included in every contractor’s specifications.
5. Procedure upon Discovery
5.1 Suspension of Work
If a PCR comes to light during the execution of the works, the contractor shall stop the works. Depending on the magnitude of the PCR, the contractor should check with CDR for advice on whether all works should be stopped, or only the works immediately involved in the discovery, or, in some cases where large buried structures may be expected, all works may be stopped within a specified distance (for example, 50meters) of the discovery. CDR’s decision should be informed by a qualified archaeologist.
After stopping work, the contractor must immediately report the discovery to the Resident Engineer. The contractor may not be entitled to claim compensation for work suspension during this period. The Resident Engineer may be entitled to suspend work and to request from the contractor some excavations at the contractor’s expense if he thinks that a discovery was made and not reported.
5.2 Demarcation of the Discovery Site
With the approval of the Resident Engineer, the contractor is then required to temporarily demarcate, and limit access to, the site.
5.3 Non-Suspension of work
The procedure may empower the Resident Engineer to decide whether the PCR can be removed and for the work to continue, for example in cases where the find is one coin.
5.4 Chance Find Report
The contractor should then, at the request of the Resident Engineer, and within a specified time period, make a Chance Find Report, recording:
Date and time of discovery;
Location of the discovery;
Description of the PCR;
Estimated weight and dimensions of the PCR;
Temporary protection implemented.
The Chance Find Report should be submitted to the Resident Engineer, and other concerned parties as agreed with the cultural authority, and in accordance with national legislation. The Resident Engineer, or other party as agreed, is required to inform the cultural authority accordingly.
6. Arrival and Actions of Cultural Authority
The cultural authority undertakes to ensure that a representative will arrive at the discovery site within an agreed time such as 24 hours, and determine the action to be taken. Such actions may include, but not be limited to:
Removal of PCR deemed to be of significance;
Execution of further excavation within a specified distance of the discovery point;
Extension or reduction of the area demarcated by the contractor.
These actions should be taken within a specified period, for example, 7 days. The contractor may or may not be entitled to claim compensation for work suspension during this period. If the cultural authority fails to arrive within the stipulated period (for example, 24 hours), the Resident Engineer may have the authority to extend the period by a further stipulated time. If the cultural authority fails to arrive after the extension period, the Resident Engineer may have the authority to instruct the contractor to remove the PCR or undertake other mitigating measures and resume work. Such additional works can be charged to the contract. However, the contractor may not be entitled to claim compensation for work suspension during this period.
7. Further Suspension of Work
During this 7-day period, the Cultural authority may be entitled to request the temporary suspension of the work at or in the vicinity of the discovery site for an additional period of up to, for example, 30days.The contractor may, or may not be, entitled to claim compensation for work suspension during this period. However, the contractor will be entitled to establish an agreement with the cultural authority for additional services or resources during this further period under a separate contract with the cultural authority.
[pic]
-----------------------
-----------------------
E4557
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related searches
- the history of the united states
- the people s history of the united states
- the founding of the united states
- the life history of the united states
- the economy of the united states
- the republic of rome
- understanding the constitution of the united states
- democratic republic of the congo
- democratic republic of the congo area
- the republic of tea
- the republic of tea flavors
- the republic of tea walmart