City Region Development Project (RRP BAN 39298)
Environmental Assessment and Review Framework
Document Stage: Draft for Consultation Project Number: 39298 September 2010
BAN: City Region Development Project
Prepared By: Local Government Engineering Department (LGED), Government of Bangladesh
The environmental assessment and review procedure is a document of the borrower. The views expressed herein do not necessarily represent those of ADB’s Board of Directors, Management, or staff, and may be preliminary in nature.
2
ABBREVIATIONS
ADB — Asian Development Bank BOQ — bill of quantities CDM — Clean Development Mechanism CRDP — City Region Development Project DOE — Department of Environment EARF — environmental assessment and review framework ECC — Environmental Clearance Certificate ECR — Environmental Conservation Rules EIA — Environmental Impact Assessment EMP — Environmental Management Plan EMOP — Environmental Monitoring Program ETP — Effluent Treatment Plant GRC — Grievance Redress Committee GRM — Grievance Redress Mechanism IEE — initial environmental examination LCC — Location Clearance Certificate LGED — Local Government Engineering Division LGI — local government institutions MDSC — Management, Design and Supervision Consultant PIU — Project Implementation Unit PMCU — Project Management Coordination Unit PPTA — project preparatory technical assistance REA — Rapid Environmental Assessment SPS — Safeguards Policy Statement TOR — Terms of Reference
TABLE OF CONTENTS
I. INTRODUCTION 1 A. Background 1 B. Purpose of the EARF 2 C. Environmental Categorization 3
II. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY 3 A. Legal Framework 3 B. Bangladesh Environmental Review Requirements 6 C. Institutional Capacity 8
III. ANTICIPATED ENVIRONMENTAL IMPACTS 9
IV. ENVIRONMENTAL ASSESSMENT FOR SUBPROJECTS 12 A. Environmental Criteria for Subproject Selection 12 B. Environmental Assessment Process for CRDP 14 C. Summary of ADB and Environmental Procedures of the Government 20 D. Consultation 22 E. Information Disclosure 22 F. Grievance Redress Mechanism (GRM) 23
V. INSTITUTIONAL ARRANGEMENT AND RESPONSIBILITIES 25 A. Project Management Coordinating Unit (PMCU) 25 B. Project Implementation Units 25 C. Management, Design and Supervision Consultants (MDSC) 26 D. Environmental Budget 27
VI. MONITORING AND REPORTING 29 A. Environmental Monitoring Program (EMOP) 29 B. Environmental Reporting 29
VII. CONFIRMATION THAT ENVIRONMENTAL ASSESSMENT AND REVIEW PROCEDURES CONFORM TO ADB’S ENVIRONMENTAL AND SOCIAL SAFEGUARDS POLICIES 30
Appendixes 1. Overview of Sample Subprojects 31 2. Application for Environmental Clearance Certificate from Department of Environment 32 3. Outline of Environmental Impact Assessment Report 34 4. Indicative Terms of Referencefor Environmental Personnel in the 36 MDSC, PMCU and PIU 5. Environmental Clauses for Inclusion in Construction Contract Tender Documents 40
ENVIRONMENTAL ASSESSMENT AND REVIEW FRAMEWORK
I. INTRODUCTION
A. Background
1. The City Region Development Project (CRDP) emphasizes economic growth in Dhaka and Khulna city regions of Bangladesh through: (i) creation of an enabling environment towards improved governance and capacity building of the local governments; and (ii) prioritized investments in infrastructure sectors in the two regions. The objectives of CRDP are: (i) to improve the regional economic and social context through long-term development plans and investment programs set within an institutional and regulatory context that will ensure implementation and review; (ii) to improve the capacity and mandate of local government to govern and to invest in improved economic activity at the local level; (iii) to improve the economic context for sustainable commercial and industrial growth; and (iv) to improve the economic and social needs of the urban population, as an inclusive aspect of the CRDP.
2. Sample subprojects within the Local Government Institutions1 (LGIs)/government agencies in the two identified city regions have been identified for implementation in the first phase of the project. CRDP has been designed as a project loan modality using a sector approach and is formulated to provide opportunities for replication of the project in other LGIs/government agencies within the identified city regions. Subprojects in other LGIs within the two priority city regions that have similar features and needs will be taken up during subsequent stages of project implementation. The Local Government Engineering Division (LGED) will be the executing agency for CRDP and Project Implementing Units (PIUs) for subproject implementation will be set up within the LGIs/government agencies.
3. CRDP will be implemented over a six year period (January 2011–December 2016). The subprojects are largely built around ‘integrated area planning’ which aims to enhance economic activity in the city region and provides opportunities for investment, including:
(i) Comprehensive urban renewal and economic revitalization to bolster urban areas (historic / heritage conservation planning) and regions (river port upgrading); (ii) Transport infrastructure upgrading, public transport and traffic management; (iii) Water supply and sanitation; (iv) Solid waste management; (v) Drainage and flood protection; (vi) Energy conservation and efficiency for governance and the private sector; (vii) Strengthening urban/industrial growth centers; and (viii) Strengthening local governance and municipal funding.
4. The typical subproject components are outlined in Table 1.
1 LGIs include City Corporations, Pourashavas, Upazillas and Union Parishads. 2
Table 1: Type of Subproject Components under CRDP Subproject Type Component A. Economic Revitalization and Restoration and protection of heritage buildings Environmental Conservation Development controls and guidelines for heritage areas Improvement of public realm in heritage areas Improvement of utilities and services
B. Transport Infrastructure Regional river port and port back facilities and infrastructure, including access roads, service roads, parking and terminal facilities Integrated traffic management area-based traffic management Pedestrian friendly transportation concepts Improvement of transportation infrastructure
C. Water Supply Refurbishment of existing water supply network Extension of distribution network Development of new production tube wells Water provision in areas where gaps in provision have been identified and in uncovered areas
D. Sanitation Access to better sanitation facilities through provision of public toilets Waste collection mechanisms, including treatment of sludge
E. Solid Waste Management Community awareness and waste minimization Sustainability in waste (waste after-use, etc.) Strategic landfill development Community and private-sector participation
F. Drainage And Flood Protection Embankment protection, maintenance of the major drainage networks Improvement of drainage conditions in areas vulnerable to flooding through construction/repair of drains
G. Energy Conservation And Efficiency Energy conservation and sustainability in the public-sector Energy conservation for the commercial and industrial sector Energy conservation for governance Transmission losses amelioration (regional) Enhanced energy supply for commercial and industrial development CRDP = City Region Development Project.
B. Purpose of the EARF
5. For sector investments with potential environmental impacts before project approval by the Asian Development Bank (ADB) Board of Directors, the borrower will agree with ADB on an environmental assessment and review framework (EARF) to guide subproject selection, screening and categorization, environmental assessment, and preparation and implementation, monitoring, and preparation of safeguard plans of subprojects to facilitate compliance with the requirements specified in ADB’s Safeguards Policy Statement (SPS), 2009 and government rules and laws. Accordingly, this EARF has been prepared for CRDP.
6. This EARF (i) describes the project and its components; (ii) explains the general anticipated environmental impacts and mitigation measures of the subprojects which are to be identified and financed under CRDP after ADB Board approval; (iii) specifies the requirements that will be followed in relation to subproject screening and categorization, assessment, and planning, including arrangements for meaningful consultation with affected people and other stakeholders and information disclosure requirements and, where applicable, safeguards criteria that are to be used in selecting subprojects; (iv) assesses the adequacy of capacity of the LGED and LGIs to implement national laws and ADB’s requirements and identify needs for capacity building; (v) specifies implementation procedures, including budgeting, institutional 3 arrangements, and capacity development; (vi) specifies monitoring and reporting requirements; and (vii) describe the responsibilities in relation to the preparation, implementation, and progress review of safeguards documents of subprojects.
7. The sector approach provides flexibility in identification of subprojects to be implemented in subsequent project phases. Conformance to the subproject selection criteria outlined in this EARF shall guide future subproject selection. The environmental assessments for the sample subprojects shall form the basis and guide for the environmental assessments of the future subprojects.
C. Environmental Categorization
8. As part of the Project Preparatory Technical Assistance (PPTA), the environmental assessment for CRDP sample subprojects2 was conducted. Each sample subproject is classified as environmental Category B in accordance with ADB’s SPS. The initial environmental examination (IEE) reports include environmental management plans (EMPs) and were prepared to meet ADB’s requirements and prepared in accordance with this EARF. A brief description of each of the sample subprojects is provided in Appendix 1.
II. ASSESSMENT OF LEGAL FRAMEWORK AND INSTITUTIONAL CAPACITY
9. ADB will not finance any subproject if it does not comply with its SPS nor will it finance the project if it does not comply with its host country's social and environmental laws. Where discrepancy between the ADB and Government policies exist, ADB’s policy will prevail. Moreover, the SPS applies to all ADB-financed and/or ADB-administered sovereign projects, and their components regardless of the source of financing, including investment projects funded by a loan; and/or a grant; and/or other means.
A. Legal Framework
10. The implementation of subprojects proposed under CRDP will be governed by Government of Bangladesh (the Government) Environmental Acts, Rules, Policies, and Regulations. Table 2 summarizes the applicable national and local laws, regulations, and standards for environmental assessment and management, including applicable international environmental agreements.
Table 2: Summary of Government Laws, Regulations, and Environmental Standards Laws, Details Relevance Regulations, and Standards Environmental Provides for the conservation of environment, improvement of The provisions of the act Conservation Act, environmental standards and control and mitigation of apply to all of the CRDP 1995 environmental pollution. In line with these provisions of the interventions in the Act, the Environmental Conservation Rules, 1997 have been construction and operation framed. This act provides for (i) remedial measures for injury stages. to ecosystem; (ii) provides for any affected person due to
2 The sample subprojects to be taken up in the first phase of the project include the following: (i) Economic Revitalization – Urban Renewal (Shakhari Bazaar, Old Dhaka), (ii) Economic Efficiency – Integrated Traffic Management (Banani, Dhaka), (iii) Economic Efficiency – Energy Conservation and Sustainability in the Public Sector (Tongi Pourashava), (iv) Economic Development – Improved Service Delivery/Water Supply and Sanitation (Gaizpur), (v) Economic Development – Improved Service Delivery/Solid Waste Management (Narayanganj), and (vi) Strengthening Economic Potential of Urban Growth Centers (Ashulia).
4
Laws, Details Relevance Regulations, and Standards environmental pollution to apply to DOE for remediation of the damage; (iii) discharge of excessive environmental pollutants; (iv) inspection of any activity for testing any equipment or plant for compliance to the environment act, including power to take samples for compliance; (v) power to make rules and standards with reference to environment; and (vi) penalty for non-conformance to environment act under the various sections. Environmental The Rules outline the processes and requirements of CRDP subprojects will be Conservation Rules environmental clearances for specific type of projects classified as (i) green, (ii) (ECR), 1997 indicated therein, and stipulates that “no industrial unit or orange-A, (iii) orange–B, project shall be established or undertaken without obtaining, and, (iv) red. All requisite in the manner prescribed by rules, an Environmental clearances from the DOE Clearance Certificate (ECC) from the Director General” of the shall be obtained prior to Department of the Environment. Schedule 1 of the Rules commencement of civil classifies industrial units and projects into four categories works on ground. according to their site and impact on the environment, namely (i) green, (ii) orange-A, (iii) orange–B, and (iv) red. The rules specify the procedures for issuing ECC for the various categories of projects. Environmental Enacted to establish environment courts and make rules for Environmental courts have Court Act, 2000 protection of environmental pollution. Environment Courts are been established in each of situated at the District level but Government may by the Divisions, and for CRDP, notification in the official Gazette, establish such courts (Dhaka and Khulna). The outside the districts. Environment Courts were given power to courts have jurisdiction, in directly take into cognizance of any offence relating to accordance with the Act environmental pollution. Proceeding of this Court will be provisions, trial of an offence similar to criminal courts. One important feature of this Act is or for compensation under that it has been given retrospective effect of any crime an environmental law, committed under environment laws and thus any crime impose penalties for previously committed but is not taken before any court can be violation, etc. While the taken before the Environment Court or any special Grievance redress process Magistrate. has been established for the project, the complainant shall approach the environmental court in the respective division in the event of non-addressal of grievances at the third level of the grievance redress mechanism (see Section G). National Policy for Provides a framework for provision of water supply for Incorporated in subproject Arsenic Mitigation, areas/aquifers with high arsenic levels. Roles for agencies selection criteria. 2004 are specified for development of water supply systems, certification of arsenic removal technology, and disposal of treatment sludge. Also, arsenic-prone Upazila are identified. National Sanitation The primary objective of this national strategy is to delineate Subproject interventions in Strategy, 2005 the ways and means of achieving the national target. The the sanitation sector are national sanitation goal is to achieve 100% sanitation intended to enable the coverage by 2010 by providing a uniform guideline for all achievement of the intended concerned through (i) addressing the key sanitation sector targets by the LGIs. issues; (ii) defining the roles of various actors including government agencies, NGOs, communities and other stakeholders; and (iii) guide the creation of enabling conditions for success. The Pourashava These ordinances have clearly assigned responsibilities to All subprojects to integrate (Municipality) the LGIs to ensure urban health for their residents. It has community health and Ordinance of 1977, given them the mandate to ensure and provide a wide range hygiene of the residents and the City Corporation of primary and public health services including primary health workers in the construction Ordinances of 1983 care, sanitation, water supply, drainage, food and drink, birth stage, and to be taken 5
Laws, Details Relevance Regulations, and Standards and the recently and death registration, vector and infectious disease control, forward during the operation revised unified etc. As independent autonomous bodies, the LGIs, as and maintenance of the ordinance for all necessary, may take all required actions to ensure good infrastructure facilities. City Corporations of health for all population within its jurisdiction. They have the 14 May 2008 (Local authority to address all related issues within their legal and Government administrative mandate. Ordinances 16, and 17 of 2008); City Corporation Act 2009, 15 Oct 2009, and; Pourashava Act 2009, 6 Oct 2009. National Forestry Rules related to forest protection, often a domain of It is desirable to incorporate Policy, 1994 environmental management, are found in the Bangladesh tree planting in CRDP Forest Departments National Forestry Policy 1994. Due to subprojects (where it is the dearth of forests, afforestation is actively pursued with practical to do so). This is to targets to “implement programs of tree plantation and be included in the EMPs of afforestation on fallow and hinterland, the bank of the pond IEEs. and homestead land, which are under private ownership.” Bangladesh Labor The Bangladesh Labor Act, 2006 provides the guidance of Provides for safety of work Act, 2006 employer’s extent of responsibility and workmen’s extent of force during construction right to get compensation in case of injury by accident while period. working. Bangladesh Part-7, Chapter -1 of the Bangladesh National Building Code While the Code shall apply National Building (BNBC) clearly sets out the construction responsibilities to all building construction in Code, 2006 according to which the relevant authority of a particular the CRDP, Sections 1.2.3 construction site shall adopt some precautionary measures to and 1.2.4. shall specifically ensure the safety of the workmen. “All equipments and apply to the Shakhari bazaar safeguards required for the construction work such as subproject, wherein existing temporary stair, ladder, ramp, scaffold, hoist, run way, buildings are proposed to be barricade, chute, lift, etc. shall be substantially constructed restored. and erected so as not to create any unsafe situation for the workmen using them or the workmen and general public passing under, on or near them”. Section 1.2.3 of Part-9 also states that in case of partial changing of a building, fire resistance should be ensured and all provisions with greater public safety should be applied to the entire building structure. Section 1.2.4 of Part 9 clearly states “Additions to existing building shall comply with all of the requirements of the BNBC for new constructions. The combined height and area of the existing building and the new addition shall not exceed the height and open space requirements for new building specified in Part 3 of the Code. Where a fire wall that complies with Table 3.3.1 of Part 3 is provided between the addition and the existing building, the addition shall be considered as a separate building. Industrial Policy, Several sections of the policy highlight the importance of As part of the CRDP, 2005 environmental issues in industrial development. Section 2.11: environmental improvement Provide all necessary assistance for producing environment- of industrial clusters can be friendly product with the objective for creating a pollution-free taken up. environment in the industrial sector. Section 17.1: One of the foremost objectives of the Industrial Policy 2005 is to help attain competitive efficiency by developing technology, reducing consumers‟ costs by using cost-effective technology, and assisting in the development of an environmentally friendly industrial production system. Section 18.6: Environmental pollution control: The Environmental Protection Act 1995 and other relevant legislations are
6
Laws, Details Relevance Regulations, and Standards gradually implemented to control environmental pollution. Those industries that pollute the environment and endanger public health must ensure safety measures in respect of environmental pollution control. Industrial enterprises will be encouraged to obtain ISO-14000 certificates. Applicable international environmental agreements United Nations Bangladesh is extremely vulnerable to climate change Interventions such as the Framework impacts because of its geographical location, high population drainage subproject in Convention on density, high poverty levels, and reliance of many livelihoods Khulna shall be worked out Climate Change on climate-sensitive sectors, particularly rural agriculture and to incorporate the climate (UNFCCC) fisheries. change impacts.
Kyoto protocol to Bangladesh has undertaken a number of projects and There are subprojects in the UNFCCC achieved several milestones in climate change. The energy efficiency and waste Government established a two tier Designated National management sectors, with Authority (DNA) for accessing Clean Development GHG reduction potential. Mechanism (CDM) projects under the Kyoto protocol. DNA has approved projects in waste and energy sectors in Bangladesh.
United Nations A National Conservation strategy (NCS) and a National Shall be applicable for any Convention on Environment Management Action Plan (NEMAP) have been subprojects in the vicinity of Biological Diversity formulated. These provide national strategies and programs areas of rich biological (CBD) for conservation of sites from biodiversity conservation. diversity. BNBC = Bangladesh National Building Code, CBD = Convention on Biological Diversity, CDM = Clean Development Mechanism, CRDP = City Region Development Project, DNA = designated national authority, DOE = Department of Environment, ECC = Environmental Clearance Certificate, ECR = Environmental Conservation Rules, EMP = Environmental Management Plan, GHG = greenhouse gas, IEE = initial environmental examination, LGI = local government institutions, NCS = National Conservation Strategy, NEMAP = National Environment Management Action Plan, NGO = nongovernmental organization, UNFCCC = United Nations Framework Convention on Climate Change.
B. Bangladesh Environmental Review Requirements
11. The types of subprojects proposed to be undertaken under CRDP and the level of environmental review and assessment required according to Department of Environment (DOE) rules are shown in Table 3. Table 3: DOE Environmental Classification and Requirements DOE Environmental Subproject Type or Infrastructure Requirements Classification Review Listed in Schedule 1 that may be considered under CRDP Green General Information None Completed Application for Category Environmental Clearance Certificate (ECC), and the appropriate fee (shown in Schedule 13); General information about the project; Exact description of the raw materials to be used and the product to be manufactured (where relevant); and No objection certificate from the local authority
Orange-A General Information None Same requirements as Green Category Category projects, plus the following: (i) Process flow diagram; (ii) Layout plan (showing location of Effluent Treatment Plant (ETP); (iii) Effluent discharge arrangement; and
7
DOE Environmental Subproject Type or Infrastructure Requirements Classification Review Listed in Schedule 1 that may be considered under CRDP (iv) Outlines of the plan for relocation and rehabilitation (if applicable). Orange-B Initial Environmental Water purification plant; (i) Completed Application for ECC, Category Examination (IEE); Construction, re-construction and and the appropriate fee; (ii) Report Environmental extension of road (feeder road, local on the feasibility of the project; (iii) Management Plan road); Construction, reconstruction Report on the IEE for the project, (EMP) and extension of bridge (length plus Process Flow Diagram, and in below 100 meters); Public toilets; the case of an industrial project: Engineering works (up to ten layout plan (showing ETP), and ETP hundred thousand taka capital) design; (iv) Report on the EMP; (v) No objection certificate from the local authority; (vi) Emergency plan relating to adverse environmental impact and plan for mitigation of the effect of pollution; and (vii) Outline of the relocation and rehabilitation plan (where applicable). Red Category Feasibility Report and Land-filling by industrial, household Same requirements as Orange IEE; Terms of and commercial wastes; Sewage Category B, except that Item 3 (IEE) Reference (TOR) for Treatment Plant; Engineering works: is amended to read as follows: Environmental Impact capital above 10 (ten) hundred Report on the IEE for the project, Assessment (EIA); thousand Taka (“Engineering works” and Terms of Reference for the EIA; EIA and EMP in this context refers to machinery or EIA report prepared on the basis installations in a factory setting, of TOR previously approved by such as boilers, generators and DOE, plus (in the case of an production equipment.); Sewerage industrial project): layout plan pipe line laying/relaying/extension; showing location of ETP, process Water, power and gas distribution flow diagram, design and time line laying/relaying/extension; schedule of the ETP. Construction/reconstruction/expansi on of flood control embankment, polder, dyke, etc.; Construction/reconstruction/expansi on of road (regional, national & international) CRDP = City Region Development Project, DOE = Department of Environment, ECC = Environmental Clearance Certificate, EIA = Environmental Impact Assessment, EMP = Environmental Management Plan, ETP = Effluent Treatment Plant, IEE = initial environmental examination, TOR = terms of reference. Source: Department of Energy, Government of Bangladesh, MOEF. 12. Table 3 above shows that many of the proposed CRDP subprojects are classified under DOE rules either as Orange-B or Red Category projects. Rule 7 of the Environmental Conservation Rules (ECR) indicates that the application for Environmental Clearance Certificate (ECC) must be made to the DOE Divisional Officer.3 Under the ECR DOE has 60 days to respond to receipt of the ECC application for a Red Category project and 30 days for an Orange-B Category Project. The Environmental Clearance process chart is provided in Figure 1.
3 The application for subprojects in Dhaka city region shall be submitted to the Director, Dhaka Division of the DOE and to the Director, Khulna Division for subprojects in Khulna city region.
8
Figure 1: Government Environmental Clearance Process
C. Institutional Capacity
13. Capacity assessments of LGED as well as each of the Implementing agencies (each of the Pourashavas or Upazillas) have been carried out through primary consultations with these agencies. The information compiled included: (i) the organization structure; (ii) areas of operation of the organization which have environmental implications; (iii) current procedures in place, if any, to address environmental impacts; (iv) capacity of the personnel currently involved in environmental management; (v) training received until date and awareness levels on 9 environmental management of the agency staff; (vi) experience in implementation of environmental issues, compliance to DOE clearance requirements, etc.; and (vii) prior experience in externally funded projects, especially on implementation of environmental safeguards.
14. Based on consultations with the various agencies, a permanent structure or division to handle environmental concerns or issues in project planning and implementation is not available. The institutional capacity in terms of environment management, currently existing is largely that of the structures created for the implementation of ongoing ADB and World Bank funded projects in the urban and transport sectors. Training and orientation programs on environmental aspects have been largely through the capacity building initiatives taken up as part of the donor-funded projects, and these are mostly with limited timeframes. Managing of day-to-day issues of environmental management in donor assisted projects is largely through consultant support. In terms of experience in preparation of environmental assessment reports (i.e., IEEs, Environmental Impact Assessment [EIAs], EMPs, etc.) and the conformance to the DOE requirements, the experience of implementing agencies is limited.
15. A capacity building program in environmental assessment and management has been prepared for each of the subprojects, and shall be carried out by the Environmental Specialist (International) of the Management, Design, and Supervision Consultant (MDSC) for the project. The proposed capacity building program will include (i) sensitization of the PIU staff and stakeholders at the LGI on environmental management, including on the ADB and the requirements of the Government on environment; (ii) capacity building programs to improve the capability of environment staff’ at all levels in carrying out/monitoring and implementing environmental management measures for the subprojects; and (iii) capacity building programs on environmental issues including industrial pollution, guidance on issuing the no-objection certificates for industrial siting, etc. The training programs will be conducted in each respective city region and will be carried out in accordance with the training and capacity building program worked out for the subprojects, during the period of implementation.
III. ANTICIPATED ENVIRONMENTAL IMPACTS
16. Table 4 provides an overview of the potential environmental impacts of the proposed interventions in the two city regions. The impacts identified are based on the impacts assessed for the sample subprojects which reflect the types of project impacts expected during the implementation of CRDP. For the projects to be identified during the subsequent phase of the project using the sector approach, the impacts shall be specifically addressed in more detail for through the preparation of IEEs/EMPs in accordance with the procedures outlined in this EARF.
Table 4: Potential Environmental Impacts Potential Environmental Sig Impacts Centre supply supply Energy Duration Duration delivery - sanitation Solid Waste Management Management conservation conservation Drainage and and Drainage development, management, Urban renewal renewal Urban delivery - water Integrated traffic Flood Protection Protection Flood Improved service Improved service Industrial Growth Growth Industrial Regional river port river Regional Planning, Location and Design Lack of sufficient planning S2 T to assure long term sustainability of the
10
Potential Environmental Sig Impacts Centre supply supply Energy Duration Duration delivery - sanitation Solid Waste Management Management conservation conservation Drainage and and Drainage development, management, Urban renewal renewal Urban delivery - water Integrated traffic Flood Protection Protection Flood Improved service Improved service Industrial Growth Growth Industrial Regional river port river Regional improvements and ensure protection of the site. Siting of new S2 T infrastructure and expansion of existing facilities as ports, etc. shall have potential to induce development, if adequate protection measures to address uncontrolled growth, etc. are not considered. Planning of disposal of S2 T waste materials generated, including construction debris, dredge material from dredging of rivers/drains, sludge from improved facilities for sludge collection, etc. if not done, shall result in significant pollution onto the receiving environment. Detailed design fails to S2 T incorporate good practice, causing poor performance and high O&M costs. Need for land acquisition S2 P for components where the available ROW is insufficient, including impacts on non- titleholders. Construction Impairment of S2 T (natural/cultural) habitat quality, due to unregulated construction activities. Impact on structural S2 T stability of the structures in heritage areas, due to construction activity and degradation of the aesthetic appeal due to use of modern construction materials. Impact on air quality and S2 T noise levels; congestion in public space due to 11
Potential Environmental Sig Impacts Centre supply supply Energy Duration Duration delivery - sanitation Solid Waste Management Management conservation conservation Drainage and and Drainage development, management, Urban renewal renewal Urban delivery - water Integrated traffic Flood Protection Protection Flood Improved service Improved service Industrial Growth Growth Industrial Regional river port river Regional construction activity, in urban areas, especially around sensitive land uses. Impact on agricultural S1 T lands and other private lands due to disposal of dredge material from dredging of rivers, leading to loss of productivity, contamination of water sources, etc. Movement of construction S2 T machinery in existing built up areas, resulting in structural stability impacts. Lack of planning during S2 T construction fails to properly sequence activities and minimize disturbance/cost. Construction activities, in S2 P and around water bodies, rivers, shall have significant impacts, if appropriate good engineering practices are not conformed to during construction. Impacts from quarters for S3 T workers in the proximity of worksites, and equipment/material yards. Potential for benefit from S2 P employment for local people not realized. Trees may be removed S2 P along, drains, roadways, creation of parking locations, river port site, etc. Need for temporary S2 T relocation of the non- titleholders and vendors mostly for commercial purposes, during the period of construction. Potential for accident and S2 T injury for construction workers and public in zone of construction. Operation and Maintenance Water logging in and S2 T around the subproject
12
Potential Environmental Sig Impacts Centre supply supply Energy Duration Duration delivery - sanitation Solid Waste Management Management conservation conservation Drainage and and Drainage development, management, Urban renewal renewal Urban delivery - water Integrated traffic Flood Protection Protection Flood Improved service Improved service Industrial Growth Growth Industrial Regional river port river Regional locations. Induced development S2 P around the proposed developments, especially the river port locations, improved road connectivity and drainage improvement subprojects, causing increased traffic, and thereby congestion, increased pollution, and deterioration of environmental quality. Proposed improved S2 P infrastructure and systems will not function properly without proper operation and maintenance. Community toilets are not S2 P maintained and fall into disuse. Septic tank sludge is not S2 T disposed of properly and affects surface water quality, and hygiene in and around the site. Duration = duration of impact without mitigation (T = temporary, p = permanent), O&M = operations and maintenance, row = right of way, Sig = significance of impact (S3 = insignificant, negligible impact; S2 = moderate, reversible impact, which is site-specific and easily contained and mitigated, S1 = significant, potentially irreversible impact requiring mitigation).
IV. ENVIRONMENTAL ASSESSMENT FOR SUBPROJECTS
17. This section provides the plan for carrying out the environmental assessment and planning for the subprojects in the subsequent phases under the project. This section includes the following: (i) specific environmental criteria to be adopted for subproject selection; and (ii) the environmental assessment procedures for subprojects, both in accordance with the ADB’s environmental policy and the environmental clearance procedures of the Government. As guidance, the various reference documents and formats pertaining to the environmental assessment procedures for subprojects have been presented as Appendixes to this EARF.
A. Environmental Criteria for Subproject Selection
18. The selection criteria indicated in Table 5 should be followed while identifying and finalizing subproject components. All subprojects included in CRDP must comply with national legislation outlined in Section II and ADB’s Safeguards Policy Statement (2009). Project selection criteria listed in this section further assures that the subprojects selected for implementation will not cause significant or irreversible impacts and that any impacts will be mitigated using procedures detailed in the IEEs/EMPs.
13
Table 5: Environmental Criteria for Subproject Selection Component Criteria Overall selection criteria (i) Comply with all requirements of relevant national laws, including the Environmental Conservation Act (1995), Environmental Conservation Rules (1997), and other laws in specific sectors where appropriate; (ii) Comply with all requirements of ADB Safeguards Policy Statement (SPS) 2009, and follow procedures set down in the EARF for the program when developing new subprojects; (iii) Avoid and/or minimize involuntary resettlement by locating facilities and any other related infrastructure elements on vacant government land where possible; (iv) Designs must be consistent with ADB Involuntary Resettlement Policies and follow the Resettlement Framework prepared for the project and agreed by the Government and ADB; (v) Avoid any work in or near environmentally sensitive locations, including sites with national or international designation for nature conservation, cultural heritage, or any other reason; (vi) Urban renewal subprojects proposed in heritage areas, will be in conformance with the Bangladesh National Building Code, 2006; (vii) For subprojects proposed in heritage areas, will not result in destruction of or encroachment onto archaeological monuments/ heritage sites and the proposed components will be in line with the master plan proposals for the conservation and preservation of the site / monuments; and (viii) For subprojects will reflect inputs from public consultation and disclosure for site selection. Revitalization of heritage areas (i) Will observe the principle of not altering the historic condition and shall involve treatment of damage using both technical and management measures; (ii) Will ensure preservation of traditional technology and craftsmanship. New materials and techniques may only be used after they have been tried and proven, and should in no way cause damage to the site; (iii) Will not include interventions in structures with complex land ownerships or outstanding legal issues on ownership; (iv) Will ensure minimal disturbance to building tenants and if temporary relocation is required, they are allowed to return after restoration (signed agreements) and any resettlement impacts are consistent with the resettlement framework; (v) Will ensure that the traditional setting of the site is conserved. Natural and cultural landscapes that form part of a site’s setting contribute to its significance and should be integrated with its conservation; (vi) Will ensure that the adaptive reuse of any particular building/structures does not intrude or induce impacts on other structures/buildings within the heritage area; (vii) Will include interventions that conform to the applicable design, conservation guidelines applicable for heritage areas notified by the City corporation; (viii) Will ensure that proposed design elements and standards are in line with basic minimum housing standards, including internal heights, internal access, and safe exit during emergencies, etc.; and (ix) Will ensure that landscaping proposed in urban heritage areas do not adversely affect the site; contemporary gardening and landscape concepts and designs should not be introduced. Water supply (i) In order to be considered under CRDP, a water supply project must demonstrate a safe source of supply in keeping with the National Policy for Arsenic Mitigation (2004) of the Government; (ii) Water supply projects that utilize water sources potentially contaminated with arsenic are excluded from consideration. Other contaminants of concern include manganese and barium; (iii) Will not result in excessive abstraction of ground water or result in excessive groundwater pumping impairing ground water quality; (iv) Will ensure adequate protection from pollution of intake points; (v) Will not result in unsatisfactory raw water supply (e.g. supply with excessive pathogens or mineral constituents); and (vi) Will ensure proper and adequate treatment and disposal facilitates for increased volumes of wastewater generation. Sanitation and toilet facilities (i) Will ensure that the site selection for the septic tank or any other treatment method proposed is not close to water intake or water usage points, or areas prone to flooding or water logging; (ii) Will ensure that sanitation improvements proposed do not result in pollution of groundwater; and (iii) Will ensure that the septic tank waste disposal is carried out in an
14
Component Criteria environmentally sustainable manner, and not interfere with other utilities and block access to buildings, cause nuisance to neighboring areas, etc. Solid waste management (i) Solid waste management systems should ensure sufficient capacity for collection, transfer and disposal, perform site selection for proposed disposal sites and assure there is a practical operations and maintenance plan in place for sustaining the system over the indefinite future; (ii) Ensure appropriate site selection for new landfill sites and ensure that a minimum of 500 m (and at least 1 km where possible) from any inhabited areas, in locations where no urban expansion is expected in the design life of the facility (normally 20 years) so that people are not affected by odor or other nuisance; (iii) Landfill design should include effective sealing of the entire site and adequate internal drainage to direct all leachate to treatment ponds; (iv) Landfill design should include perimeter drains with sufficient capacity to intercept and remove the heaviest monsoon rainfall; and (v) Introduce elements of recycling wastes including composting, provide for capacity building of Corporation/Pourashava staff on waste management practices. Roads (i) Will ensure minimal clearing of roadside trees, and include provisions for compensatory plantation at 4 trees per every tree to be cut; (ii) Will ensure minimal dislocation and involuntary resettlement of people living in right of way; (iii) Will not lead to alteration of surface water hydrology of streams/waterways that may result in increased sediment load due to erosion from construction sites; and (iv) Will provide for appropriate protection/mitigation measures to address noise impacts on adjoining communities, especially sensitive receptors as schools/hospitals along the roads. Drainage and flood protection (i) Will ensure improvements are identified to cater to the watershed or drainage zones and not individual drains, so that proposed improvements are effective; (ii) Will ensure adequacy of outfall of proposed drainage works, to avoid any impacts associated with flooding in downstream areas, or areas not covered; (iii) Will ensure finalization of locations to dispose waste/dredge due to deepening/widening of drains prior to initiation of works on site; and (iv) Will include provisions for improved drainage management including procurement of equipments for routine and periodic maintenance, including maintenance dredging. River port development including (i) Will ensure that the proposal for development of ports includes provision for dredging of rivers waste management, liquid and solid generated from the proposed operations; (ii) Will ensure that the port development is in line with the plan of the Pourashava or the local authority, and shall not induce developments that are non-conformant to the Development plan of the local authority; (iii) Will ensure that the Implementing Agency has capacity and procedures in place to address dredging related impacts, including disposal of dredge materials at appropriate locations in an environmentally safe manner; and (iv) Will ensure finalization of locations to dispose waste/dredge due to deepening/widening of rivers prior to initiation of works on site and ensure chemical testing of dredge to ensure free of toxins. ADB = Asian Development Bank, CRDP = City Region Development Project, EARF = Environmental Assessment and Review Framework, SPS = Safeguard Policy Statement.
B. Environmental Assessment Process for CRDP
1. Screening
19. Environmental categorization shall be made at the level of individual subproject. This shall be based on the Rapid Environmental Assessment (REA) Checklists for the various sectors, available at the ADB website. (http://www.adb.org/documents/Guidelines/Environmental_Assessment/eaguidelines002.asp) Categorization shall be made following ADB’s SPS and shall be based on the most environmentally sensitive subproject proposal for financing under the CRDP.
15
20. ADB uses a classification system to reflect the significance of a subproject’s potential environmental impacts. A subproject’s category is determined by the category of its most environmentally sensitive component, including direct, indirect, cumulative, and induced impacts in the subproject’s area of influence. Each proposed subproject is scrutinized as to its type, location, scale, and sensitivity and the magnitude of its potential environmental impacts.
21. Subprojects with potential for significant adverse environmental impacts are classified as Category A. An EIA is required to address significant impacts. Subprojects judged to have some adverse impacts, but of lesser degree and/or significance than category A is classified into Category B. An IEE is required to determine whether or not significant environmental impacts warranting an EIA are likely. If an EIA is not needed, the IEE is regarded as the final environmental assessment report. The guidelines to prepare environmental assessment reports for a Category A subproject (EIA) and for a Category B subproject (IEE) are given in ADB’s SPS. The content and format of an IEE and EIA is provided in Appendix 3. Category C. A proposed subproject is classified as category C if it is likely to have minimal or no adverse environmental impacts. No environmental assessment is required although environmental implications need to be reviewed; and Category FI (financial intermediary). A proposed subproject is classified as category FI if it involves investment of ADB funds to or through a financial intermediary.
22. ADB’s SPS Safeguards Requirement 1 (Environment) outlines the requirements that LGED are required to meet when delivering environmental safeguards for projects supported by ADB. It discusses the objectives and scope of application, and underscores the requirements for undertaking the environmental assessment process. The document also includes particular environmental safeguards requirements pertaining to biodiversity conservation and sustainable management of natural resources, pollution prevention and abatement, occupational and community health and safety, and conservation of physical cultural resources. It also outlines specific environmental criteria to be used for subproject selection, for example, exclusion from environmentally sensitive areas or negative lists for procurement.
2. Scoping
23. A preliminary step in conducting any environmental study for subprojects, a scoping document consists of the scope of the environmental surveys, methods of data collection and outputs anticipated from the study are to be prepared. The scoping document is to be approved by the DOE before taking up detailed environmental studies. Scoping should focus on identifying those components of the environment likely significantly affected by the project based on project location, past documented experience, the potential likely geographic and time-related extent of the effects, and the measurements or thresholds to be used to assess significance.
3. Environmental Profiling
24. The first step in conducting an environmental study is to carry out investigations to identify and map all sensitive environments (such as conservation forests, protected forests, production forests, protected areas, landslide areas, rock fall areas, rivers, soil erosion, hospitals, schools, mosques, grave yards, road safety, etc.) along the subprojects, and to establish the baseline conditions for the components of the environment likely affected by the project. This will be usually carried through site visits and review of spatial database for all available environmental parameters such as terrain, soils, geology, rivers, forest, protected
16 areas, land use, background noise, air and water quality. This baseline will become the measure against which any change is measured.
a. Biodiversity Conservation and Sustainable Natural Resource Management
25. The PIU in each of the project components, through application of the EARF provisions, shall identify measures to avoid, minimize or mitigate potentially adverse impacts and risks and, as a last resort, propose compensatory measures, such as biodiversity offsets, to achieve no net loss or a net gain of the affected biodiversity.
26. Natural habitats. In areas of natural habitat, the project will not significantly convert or degrade such habitat, unless the following conditions are met:
(i) No alternatives are available; (ii) A comprehensive analysis demonstrates that the overall benefits from the project will substantially outweigh the project costs, including environmental costs; and (iii) Any conversion or degradation is appropriately mitigated.
27. Mitigation measures will be designed to achieve at least no net loss of biodiversity. They may include a combination of actions, such as post-project restoration of habitats, offset of losses through the creation or effective conservation of ecologically comparable areas that are managed for biodiversity while respecting the ongoing use of such biodiversity by Indigenous Peoples or traditional communities, and compensation to direct users of biodiversity.
28. Critical habitats. In subprojects to be implemented in areas of critical habitats , the executing agency shall ensure that: (i) There are no measurable adverse impacts, or likelihood of such, on the critical habitat which could impair its high biodiversity value or the ability to function; (ii) The project is not anticipated to lead to a reduction in the population of any recognized endangered or critically endangered species or a loss in area of the habitat concerned such that the persistence of a viable and representative host ecosystem be compromised; and (iii) Any lesser impacts are mitigated.
29. When the project involves activities in a critical habitat, the executing agency through the Project Management Coordination Unit (PMCU) and respective PIUs will retain qualified and experienced external experts to assist in conducting the assessment.
30. Legally protected areas. In circumstances where some project activities are located within a legally protected area, the executing agency will meet the following requirements:
(i) Act in a manner consistent with defined protected area management plans; (ii) Consult protected area sponsors and managers, local communities, and other key stakeholders on CRDP; and (iii) Implement additional programs, as appropriate, to promote and enhance the conservation aims of the protected area.
17
b. Occupational Health and Safety Aspects
31. The EMP will include provisions to provide workers with a safe and healthy working environment, taking into account risks inherent to the particular sector and specific classes of hazards in the borrower’s/client’s work areas. The borrower/client will take steps to prevent accidents, injury, and disease arising from, associated with, or occurring during the course of work by (i) identifying and minimizing, so far as reasonably practicable, the causes of potential hazards to workers; (ii) providing preventive and protective measures, including modification, substitution, or elimination of hazardous conditions or substances; (iii) providing appropriate equipment to minimize risks and requiring and enforcing its use; (iv) training workers and providing them with appropriate incentives to use and comply with health and safety procedures and protective equipment; (v) documenting and reporting occupational accidents, diseases, and incidents; and (vi) having emergency prevention, preparedness, and response arrangements in place. The executing agency will apply preventive and protective measures consistent with international good practice, as reflected in internationally recognized standards such as the World Bank Group’s Environment, Health and Safety Guidelines.
c. Community Health and Safety Aspects
32. The IEE will identify and assess the risks to, and potential impacts on, the safety of affected communities during the design, construction, operation, and decommissioning of the project and the EMP will establish preventive measures and plans to address them in a manner commensurate with the identified risks and impacts. These measures will favor the prevention or avoidance of risks and impacts over their minimization and reduction. The executing agency will inform affected communities of significant potential hazards in a culturally appropriate manner. The executing agency will be prepared to respond to accidental and emergency situations. This preparation will include response planning document(s) that addresses the training, resources, responsibilities, communications, procedures, and other aspects required to respond effectively to emergencies associated with project hazards. Appropriate information about emergency preparedness and response activities, resources, and responsibilities will be disclosed to affected communities.
4. Preparing an Environmental Management Plan (EMP)
33. The second step is to conduct a detailed assessment of the implementation of proposed civil works and associated activities on the sensitive environment and prepare necessary mitigation and monitoring measures. This activity is to be carried out based on the screening of all the baseline environmental parameters along the project roads, review of the proposed civil works, predicted traffic, and stakeholder consultations. Wherever possible, environmental improvement measures such as land slide, side slope, and soil erosion protection, etc. are to be included in the engineering designs.
34. The EMP will include the list of mitigation measures for all the identified impacts during construction and operations stages of the Project. The EMP also includes a monitoring plan to monitor the environmental parameters during construction and operation stages of the subproject. A budget will be prepared for all mitigation and monitoring measures and will be included in the civil works contract.
18
5. Government of Bangladesh Environment Assessment Policy
35. The requirements of the Environmental Conservation Rules 1997 (ECR) of the Government are summarized in Section II. In terms of compliance, there are two types of existing or proposed industrial units or projects: (i) those that require an Environmental Clearance Certificate (Green Category); and (ii) those that require a Location Clearance Certificate and an Environmental Clearance Certificate (ECC) (Orange and Red Category). The procedures are as follows:
a. Environmental Classification
36. The environmental classification of projects is determined by DOE, and there are four categories of existing or proposed industrial units of projects:
(i) Green Category. These are activities that are unlikely to have environmental impacts. These developments are automatically granted an ECC.
(ii) Orange Category. These are activities that could have some negative impacts, but which are less severe than those of red category activities. These projects must obtain an ECC, must submit further information and plans, and may be subject to field inspection. Based on the extent of impacts, the Orange Category is further divided into (a) Orange A Category, and (b) Orange B Category.
(iii) Red Category. These are projects with the greatest potential for environmental impacts. Projects in the Orange B and Red Categories must conduct a detailed EIA and prepare Environmental Management Plans acceptable to DOE as part of the ECC application.
b. Application for Environmental Clearance
37. The application for the ECC is described in the ECR and summarized above and involves the completion and submission of an application form available from the DOE website (www.doe-bd.org). This provides basic information on the project, such as the location, construction program, raw materials, water use, etc. The proponent is also required to submit an application fee prescribed in Schedule 13 of the Rules, plus various supporting documents. For Red Category activities these are defined in the rules as:
(i) Report on the feasibility of the project; (ii) Report on the IEE for the project, plus Terms of Reference (TOR) for an EIA of the project, and its Process Flow Diagram; or an EIA prepared from a previously approved TOR, layout plan, Process Flow Diagram, and design and time schedule; (iii) No Objection Certificate from the local authority; (iv) Emergency plan relating adverse environmental impact and plan for mitigation of the effect of pollution; and (v) Outline of the relocation and rehabilitation plan (where applicable).
38. The feasibility reports for the sample subprojects were prepared as part of the PPTA outputs. The reports required to support the ECC application and their equivalent as prepared during CRDP preparation is in Table 6 below.
19
Table 6: Documentation Requirements as per ECR and equivalent CRDP documents Report Specified by Government of Bangladesh Equivalent Report Prepared by the PPTA Environmental Conservation Rules (i) Report on the feasibility of the project (i) Final Report of PPTA (ii) Report on the IEE for the project (ii) IEEs and EMP prepared for all projects (iii) Emergency plan relating adverse environmental impact (iii) IEEs contain Institutional Requirements and and plan for mitigation of the effect of pollution environmental monitoring and management plans (iv) Outline of the relocation and rehabilitation plan (iv) A resettlement framework and a resettlement plan (for subprojects) have been prepared. CRDP = City Region Development Project, ECR = Environmental Conservation Rules, EMP = Environmental Management Plan, IEE = initial environmental examination, PPTA = project preparatory technical assistance. 39. The following additional reports will therefore need to be prepared and submitted with the ECC application:
(i) TOR for an EIA of the project, and its Process Flow Diagram; or an EIA prepared from a previously approved TOR, layout plan, Process Flow Diagram, and design and time schedule; and (ii) No Objection Certificate from the local authority.
c. Preparation of the EIA and EMP
40. There is no guidance in the Environmental Conservation Rules on the scope, content or approach to the EIA and EMP, but guidance is available from DOE and in particular the Environmental Safeguards Officer appointed to the PIU and PMCU should liaise closely with DOE. This is particularly important when the scope of these studies is planned, but will also be useful during implementation and report preparation stages. As a first step LGED should request DOE to review IEEs and advice on what further studies (if any) are required to fulfill their requirements.
d. Public Consultation and Information Disclosure
41. There is no mention of public consultation and disclosure in the Environmental Conservation Rules. Given that all subprojects shall be carried out conforming to the ADB requirements of consultation and disclosure, it is likely that the activities conducted to comply with ADB policy will satisfy DOE requirements.
e. Determination of ECC Application
42. Within 15 days (green), 30 days (Orange) and 60 days (red) of receipt of the application and accompanying documents, DOE will issue the Location Clearance Certificate (LCC), or will reject the application giving reasons for its decision. At this stage the accompanying documents may include the IEE.
43. On receipt of the LCC, the proponent is permitted to undertake land preparation and install machinery, but he/she must then submit the EIA report and apply for the ECC. Within a further 60-day period, DOE will approve the EIA and issue the ECC or reject the application with reasons. Once the ECC is granted, construction work may begin.
f. Post Environmental Clearance Monitoring
44. There is no requirement for post ECC monitoring or reporting in the Environmental Conservation Rules, but this may be stipulated by DOE as a condition of ECC approval.
20
g. Certificate Renewal
45. For orange and red category projects the ECC must be renewed every year, for which the fee is 25% of the original application.
C. Summary of ADB and Environmental Procedures of the Government
46. The main responsibility of implementing subprojects in compliance with the above guidelines and policies lies with the executing agency through its PMCU and the implementing agencies through their PIU. Table 7 below summarizes ADB and the procedures of the Government during subproject processing.
Table 7: ADB and Environmental Procedures of the Government During Subproject Processing Project Stage ADB Government of Bangladesh Subproject Subproject selection in line with the Categorization of industries and Identification/Categorization EARF subproject selection criteria. projects for those included in the REA Checklist completed and various categories specified in Project Categorization (A/B/C) Schedule I of Environmental carried out at the earliest stage of Conservation Rules,1997 project preparation when sufficient (classification of industrial units or information is available for this projects, based on location and purpose. impact on environment) Environmental Assessment/Project IEE/EIA (EMP for Category A and B), For orange B and Red category Design in line with the EARF. projects, report on the IEE for the project, and Terms of Reference for the EIA; or EIA report prepared on the basis of TOR previously approved by DOE. Consultation & participation ADB requires project proponents to There is no mention of public engage with communities, groups, or consultation in the Environmental people affected by proposed Conservation Rules. projects, and with civil society. Public Consultation—For Category A at least twice: once during the early stages of EIA field work and once when the draft EIA report is available, and prior to loan appraisal by ADB. For Category B projects it is recommended that public consultation be carried out during the early stages of the executing agency process and throughout the project implementation to address any environmental issues that affect the local communities, NGOs, governments, and other interested parties. ADB requires meaningful consultation, which is defined as a process that (i) begins early in the project preparation stage and is carried out on an ongoing basis throughout the project cycle; (ii) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to affected people; (iii) undertaken in an atmosphere free of intimidation or coercion; (iv) gender inclusive and responsive, and tailored to the needs of 21
Project Stage ADB Government of Bangladesh disadvantaged and vulnerable groups; and (v) enables the incorporation of all relevant views of affected people and other stakeholders into decision making, such as project design, mitigation measures, the sharing of development benefits and opportunities, and implementation issues. This is required of all projects. Disclosure of information The borrower/client will submit to There is no mention of disclosure of ADB the following documents for information in the Environmental disclosure on ADB’s website: Conservation Rules. (i) a draft full EIA (including the draft EMP) at least 120 days prior to ADB Board consideration; (ii) and/or environmental assessment and review frameworks before project appraisal, where applicable; (iii) the final EIA/IEE (updated on detailed design); (iv) a new or updated EIA/IEE and corrective action plan prepared during project implementation, if any; and (v) the environmental monitoring reports. Approval The EA after review of EIA/IEE will Within 15 days (green), 30 days forward to ADB to review and clear (Orange) and 60 days (red) of receipt EIA/IEE, prior to approval and of the application and accompanying issuance of tender documents. documents, DOE will issue the Location Clearance Certificate (LCC), or will reject the application giving reasons for its decision. At this stage the accompanying documents may include the IEE. On receipt of LCC, proponent is permitted to undertake land preparation and install machinery, but he/she must then submit the EIA report and apply for the ECC. Within a further 60 day period, DOE will approve the EIA and issue the ECC or reject the application with reasons. Once ECC is granted, construction work may begin. Procurement/ Contract Award Obtain necessary environmental There is no reference to procurement clearances, consents, and NOCs and contract rules in the ECR. prior to contract award. Contractors submit Environmental Implementation Plans (EIP) based on EIA/IEE findings to be incorporated into bidding documents and civil award contracts. Implementation EMP implementation reflected in There is no requirement for post PAM. Periodic monitoring reports ECC monitoring or reporting in the prepared in line with the EMP Environmental Conservation Rules. provisions and submitted to ADB for For orange and red category review. projects, the ECC must be renewed ADB supervision missions shall every year, for which the fee is 25%
22
Project Stage ADB Government of Bangladesh review effective EMP of the original application. implementation. At project completion, prepare safeguards assessment as part of project completion report. ADB = Asian Development Bank, DOE = Department of Environment, EARF = Environmental Assessment and Review Framework, ECC = Environmental Clearance Certificate, ECR = Environmental Conservation Rules, EIA = Environmental Impact Assessment, EIP = Environmental Implementation Plans, EMP = Environmental Management Plan, IEE = initial environmental examination, LCC = location clearance certificate, NOC = No Objection Certificates, NGO = nongovernmental organization, REA = Rapid Environmental Assessment, TOR = terms of reference. Note: Consultation, Information Disclosure, and Grievance Redress Mechanism.
D. Consultation
47. According to ADB’s SPS, public consultation is a mandatory part of environmental assessment of Category A and Category B projects, and best practice approaches shall be followed. Public consultation for Category A projects need to be carried out during the early stage of executing agency preparation and throughout the project implementation to address any environmental issues that affect the local communities, nongovernmental organizations, governments, and other interested parties. It is important that consultation with stakeholders occurs at an early stage of executing agency preparation, and throughout project implementation.
(i) For all Category A projects, the SPS requires public consultation at least twice: once during the early stages of EIA field work and once when the draft EIA report is available, and prior to loan appraisal by ADB; and
(ii) For Category B Projects, it is recommended that public consultation be carried out during the early stages of the executing agency process and throughout the project implementation.
48. As a minimum, stakeholders will be consulted regarding the scope of the environmental study before works commence, and will then be informed about the likely impacts of the subprojects and proposed mitigation once the draft EIA or IEE report is under preparation. The report will record the views of stakeholders and indicate how these have been taken into account in project development. A variety of approaches for consultations include public meetings, focus group discussions, workshops, and public information campaigns. Public consultations include newspaper advertisement in the provincial and regional newspapers before 2 weeks of the consultations giving brief project description, location, and specific contact data (including telephone numbers). In the meetings, presentations about the project, discussions on the potential environmental and social impacts. Consultation sessions must have attendance sheets prepared and included as part of the documentation.
49. Public consultation and involvement will be given highest priority in the implementation of mitigation measures. Public consultation will take place and on the basis of decision of the consultation meeting, implementation of mitigation measures will be prioritized and will be carried out with the involvement of the local people.
E. Information Disclosure
50. Information shall be disclosed through public consultation and more formally by making documents and other materials available in a form and at a location in which they can be easily accessed by stakeholders. This normally involves making draft reports available at public 23 locations in the subproject locations and providing a mechanism for the receipt of comments, and making documents available more widely by lodging them on the ADB and the executing agency’s website. The executing agency through the PMCU will submit to ADB the following documents for disclosure on ADB’s website:
(i) a draft full EIA (including the draft EMP) at least 120 days prior to ADB Board consideration, and/or environmental assessment and review frameworks before project appraisal, where applicable; (ii) the final EIA/IEE; (iii) a new or updated EIA/IEE and corrective action plan prepared during project implementation, if any; and (iv) the environmental monitoring reports.
51. The executing agency through the PMCU will provide relevant environmental information, including information from the relevant documents in a timely manner, in an accessible place and in a form and language(s) understandable to affected people and other stakeholders. For illiterate people, other suitable communication methods will be used.
52. For the benefit of the community, the summary of the IEE will be translated in Bangla and made available at: (i) Office of the PMCU; and (ii) Office of the Pourashava. Hard copies of the IEE will be available in the PMCU/PIU, and accessible to citizens as a means to disclose the document and at the same time creating wider public awareness. On demand, the person seeking information can obtain a hard copy of the complete IEE document at the cost of photocopy from the office of the PMCU/PIU, on a written request and payment for the same to the Project Director. Electronic version of the IEE will be placed in the official website of the LGED and the website of ADB after approval of the documents by Government and clearance from ADB. The PMCU will issue notification on the disclosure mechanism in local newspapers, ahead of the initiation of implementation of the project, providing information on the project, as well as the start dates, etc. The notice will be issued by the PMCU and PIU in local newspapers one month ahead of the implementation works. This will create awareness of the project implementation among the public. Posters designed to mass campaign the basic tenets of the IEE will be distributed to libraries in different localities that will be generating mass awareness.
F. Grievance Redress Mechanism (GRM)
53. A grievance redress mechanism shall be set up to register grievances of the people regarding technical, social and environmental aspects. The process will be designed to be transparent, gender responsive, culturally appropriate and commensurate to the risks and adverse impacts of the project, as well as readily accessible to all segments of the affected people. The project GRM will not supersede any legal government grievance procedures. Affected people are to be informed about the mechanism through media and public outlets. This participatory process shall ensure that all views of the people are adequately reviewed and suitably incorporated in the design and implementation process. The GRM will be implemented in three levels (Figure 2).
54. The first level and most accessible and immediate venue for the fastest resolve of grievances is the PIU, chiefly through the resettlement safeguards officer and Project Manager, with assistance from the Environmental Specialist(s) of the MDSC. The contact phone number will be posted in the project areas. Grievances will be resolved through continuous interactions with affected persons and the PIU will answer queries and resolve grievances regarding various issues including EMP implementation, land acquisition, structures acquisition, livelihood
24 impacts, entitlements, and assistance. Corrective measures will be undertaken at the field-level itself within seven days. All grievances will be documented with full information of the person and issue.
55. Should the grievance remain unresolved, the PIU's Project Manager, will activate the second level of the GRM by referring the issue (with written documentation) to the local Grievance Redress Committee (GRC) of the Pourashava City Corporation, who will, based on review of the grievances, address them in consultation with the Safeguards Officer of the PIU and PMCU, and affected persons. A hearing will be called, if necessary, where the affected person can present his/her concern/issues. The process will promote conflict resolution through mediation. The local GRC will consist of the following persons: (i) Chief Executive Officer of the Pourashava City Corporation (GRC Chair); (ii) Representative of the mayor of the Pourashava City Corporation; (iii) Representative of the affected persons; (iv) Official of the land registry department; (v) Official of the DOE divisional office; (vi) Town planner of the Pourashava City Corporation; and (vii) Environmental/Social safeguards Officer of the PIU. The local GRC shall meet twice a month, unless the Project Director of the PIU informs that there are no grievances to address, or they shall meet as needed as per the severity of the grievance. The local GRC will suggest corrective measures at the field level and assign responsibilities for implementing its decisions.
56. The functions of the local GRC are as follows: (i) Provide support to affected persons on problems arising from land acquisition (temporary or permanent), asset acquisition, and eligibility for entitlements, compensation and assistance; (ii) Record grievances of affected persons, categorize and prioritize them and provide solutions within a month; and (iii) Report to the aggrieved parties about developments regarding their grievances and decisions of the GRC.
57. Should the grievance still remain unresolved, the PIU Project Manager will activate the third level of the GRM by informing the PMCU Project Director who will, based on review of the local GRC minutes and consultation with the PIU Project Manager, activate the PMCU level GRC. This committee shall comprise the following representatives:(i) Project Director PMCU, (ii) Environmental/Resettlement Safeguards Officer of the PMCU; (iii) Representative from Land Ministry, (iv) Representative from DOE; (v) Representative of the affected persons; and (vi) Environmental/Social Safeguards officer of the PIU.
58. The GRC at the PMCU level shall meet based on the receipt of grievances, and the meeting shall be convened within 7 days of receipt of the grievance by the PMCU, and grievances redressed with 15 days. The Environmental / Resettlement Safeguards Officer of the PMCU will be responsible for processing and placing all papers before the PMCU GRC, recording decisions, issuing minutes of the meetings and taking follow up action to see that formal orders are issued and the decisions carried out. 25
Figure 2: Project Grievance Redress Mechanism
DSMC = Design Supervision Management Consultant, GRC = Grievance Redress Committee, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit.
59. In the event that a grievance is not addressed by the PIU, local GRC, or the PMCU GRC, the affected person can seek legal redress of the grievance in the appropriate courts (fourth level of GRM).
V. INSTITUTIONAL ARRANGEMENT AND RESPONSIBILITIES
A. Project Management Coordination Unit (PMCU)
60. LGED will be the executing agency responsible for overall guidance and project implementation. The PMCU, headed by a Project Director will be responsible4 for planning, management, coordination, supervision and progress monitoring of the CRDP in the two city regions. Guided by a National Committee on City Region Development, there shall be CRDP Steering Committee responsible for progress review, coordination, and decisions required for the Project. The PMCU has the responsibility of fulfilling environmental requirements of the Government and conducting required level of environmental assessment as per ADB guidelines. To ensure effective implementation of the environmental aspects, two full-time environmental safeguards officers are proposed, including one Environmental officer primarily responsible for the compliance to the Statutory and legal requirements of the Government and the other an Environmental Engineer responsible for implementation of the environmental management provisions in the IEE/EMPs for the subprojects. The MDSC will assist the PMCU in this regard.
B. Project Implementation Units
61. The PIUs will be responsible for conducting feasibility studies including environmental assessment. The PIU will apart from technical expertise, include expertise on environment and social safeguards, and will be responsible for day-to-day monitoring of the project progress,
4 PMCU responsibilities shall include management of (i) Local Government Grant facility, (ii) Investment components under the CRDP, and (iii) Institutional Strengthening and Capacity building of the local governments. The CRDP PMCU will be advised by a Technical Advisory and Selection Committee and an Urban Management Support unit.
26 including the implementation of the environmental provisions in the project. An Environmental support staff (or facilitator) shall be appointed within each PIU and shall be responsible for the effective implementation of the IEE/EMP for the subproject and ensure compliance to the Government and ADB requirements for environment. The PIU will prepare progress reports on all aspects concerning environmental assessment, management, monitoring, and report to the PMCU.
C. Management, Design and Supervision Consultants (MDSC)
62. The MDSC team shall include the following environmental safeguards expertise to effectively implement the EARF/IEE provisions for the subprojects (i) an international Environmental Safeguards Specialist (with intermittent inputs), and (ii) a national environmental specialist (for duration of implementation). These personnel will provide technical support to the PMCU/PIU including implementation of the environmental and resettlement requirements, according to ADB requirements, and assist in monitoring impacts and mitigation measures associated with subprojects. The MDSC safeguards specialists will support environmental management functions including updating subproject IEEs with respect to environmental management plans, assisting in preparing IEEs, and assist in monitoring impacts and mitigation measures associated with subprojects. The consultants will also provide needed training and capacity building support to the PMCU and PIUs.
63. Independent monitoring (for Category A projects) will be undertaken through an academic or research institutions with experience in environmental assessment, engaged by the executing agency to carry out external monitoring of the environmental assessment and management for the Program. Reports will be submitted to the executing agency and ADB for review.
64. During construction, monitoring will be undertaken by contractors. Mitigation measures identified through IEE/EIA and EMPs which are implemented by the contractor, shall form part of the contract documents. PIUs will monitor contractor’s environmental performance. During the operation stage, monitoring will be the responsibility of the executing agency and the respective PIUs.
65. The Terms of Reference for project environmental personnel is provided in Appendix 4.
Table 8: Institutional Roles and Responsibilities PMCU PIU ADB Pre-construction stage Environmental Officer of the PMCU, with MDSC will assist the PIU and conduct IEE (or ADB to review the assistance from the Environmental update existing IEE) for all Category B REA checklists and Specialist(s) of the MDSC to conduct Rapid subprojects, which will include an EMP. PIU reconfirm the Environmental Assessment (REA) for each with assistance from the Environmental Officer categorization subproject using checklists available on of the PMCU and the Environmental Specialist ADB’s website. Based on the REA, of the MDSC to carry out public consultation categorize the project based on ADB’s SPS. during IEE process and incorporate Submit all categorization forms to ADB. consultation findings into project designs and IEE. 27
PMCU PIU ADB PMCU based on review, will approve the IEE After the approval of IEE by PMCU and ADB will review and send to ADB for review and clearance clearance by ADB, PIU with the assistance of and grant before contract award. The IEE also made MDSC to disclose the IEE and EMP to public clearance of available on request. Ensure EMP is part of information as required by ADB’s SPS. MDSC, IEE/EMPs for contract documents for category A and B on behalf of the PIU, to incorporate mitigation subprojects before projects. If the sub-component is of ‘C’ measures in project design, specified in IEE award of contracts. category, the PMCU to provide generic and incorporate environmental mitigation and mitigation measures, if any, to be monitoring measures that need to be implemented. For Category C subprojects, incorporated into contract document. no IEE/EIA is required, only a review of the environmental implications. Environmental Officer of PMCU to provide ECR stipulates that for (i) green, (ii) orange-A, ADB to ensure that guidance to the PIU to ensure conformance (iii) orange–B, and (iv) red category projects, the clearance of all subprojects to the regulatory obtaining of environmental clearance requirements are compliance, with regard to environment. This certificate from DOE is a prerequisite. The included in the shall include guidance in preparation of the Environmental Support staff of the PIU with contract documents as required under the ECR, assistance from MDSC Environmental provisions/EMP. submission of application forms, and liaison Specialists shall compile the necessary with agencies towards obtaining clearances information required for submission of from the DOE. Environmental officer of application forms for clearances, obtaining PMCU shall notify the ADB on obtaining of NOC from local authorities, etc. Until the clearances, including the conditions obtaining of clearance certificate from DOE, specified if any in the clearances, and the Environmental Support Staff will interact integration of these into the contracts/EMP. with the DOE on a regular basis and provide necessary documentation/clarifications as required.
Construction stage PMCU to review the PIU monthly monitoring Contractors to conduct environmental ADB to review the reports to ensure that all mitigation monitoring and implement EMPs. PIU with reports and provide measures are implemented. PMCU to support of the Environmental Specialist(s) of necessary consolidate the monthly reports and submit MDSC to (i) review and approve the advice/guidance quarterly reports to ADB for review. contractors’ implementation plan for the needed to the Corrective actions to be taken. environmental provisions in the EMP, and (ii) PMCU. monitor the implementation of mitigation measures by contractor. The MDSC with PIU to prepare monthly progress reports including a section on implementation of the mitigation measures and submit to PMCU for review. PMCU to submit semi-annual monitoring report to ADB. Operation Stage The executing and implementing agencies to conduct monitoring, as specified in the environmental monitoring plan of EMP. The DOE to monitor the performance, if required and as specified in monitoring plan of EMP. ADB = Asian Development Bank, DOE = Department of Environment, ECR = Environmental Conservation Rules, EIA = Environmental Impact Assessment, EMP = Environmental Management Plan, IEE = initial environmental examination, MDSC = Management, Design, and Supervision Consultant, NOC = no objection certificate, PIU = Project Implementation Unit, PMCU = Project Management Coordination Unit, REA = Rapid Environmental Assessment, SPS = Safeguards Policy Statement.
D. Environmental Budget
66. The EARF budget comprises the following cost items:
(i) Costs towards implementation of environmental mitigation measures, not covered in the bill of quantities (BOQ) of the contractor’s civil works; (ii) Costs towards monitoring of the environmental parameters, during construction, as laid down in the Environmental Monitoring Plan for the subproject; and
28
(iii) Training and capacity building costs on environmental management to the PMCU and PIUs as specified in the IEE for the subprojects.
67. The costs towards staffing of the environmental personnel in the PMCU and PIU are covered as part of the Project costs. The costs towards conducting IEE/EIA studies and supervision of EMPs apart from staffing of the environmental personnel of the MDSC are covered in the MDSC budget. During the operation stage, long-term monitoring of key environmental parameters including air and water quality is required by the DOE as per their mandated responsibilities. The costs for the above items for the sample subprojects have been worked out based on the IEEs/EMPs carried out. Given that there are no projects with significant environmental impacts envisaged to be taken up under CRDP, the EMP costs for the future subprojects have been worked assuming eight future subprojects, on a pro-rata basis, based on the sample subprojects (Table 9).
Table 9: Summary EARF Costs Sample Future Total for CRDP Sl. No. Particulars Subprojects Subprojects (BDT) (BDT) (BDT) A. Mitigation Measures 4,650,000 1,200,000 5,850,000 B. Monitoring Measures 7,174,000 4,104,000 11,278,000
C Capacity Building 7,025,000 8,000,000 15,025,000 Total (A+B+C), Taka 18,849,000 13,304,000 32,153,000 Total (USD) 269,270 190,057 459,328 BDT = Bangladesh Taka, CRDP = City Region Development Project, EARF = Environmental Assessment and Review Framework. Notes: A. Includes costs towards implementation of environmental mitigation measures, not covered in the BOQ of the contractor’s civil works. Environmental mitigation measures, such as redevelopment of areas temporarily occupied for construction (construction camps, borrow areas), occupational health and workers’ safety including provision of Personal Protective Equipments (PPE) to workers are included in the BOQ as part of standard construction practices. Only those items not covered under the BOQ have been included in the costs for mitigation measures. Examples of these include provision of silt fencing along construction activities abutting water bodies, provision of oil and grease traps at construction sites, enhancement/redevelopment of impacted community assets as ponds, temples, etc. B. Includes costs towards monitoring of the environmental parameters (including air, noise, water quality (surface and ground), soil, drainage, biodiversity, etc.) during construction, as laid down in the Environmental Monitoring plans in IEE for the sub-projects. C. Includes training and capacity building costs on environmental management as specified in the IEE for the subprojects. The costs for training proposed include the costs incurred towards the site visits, travel to the training program by the participants, printing of training materials and other logistic arrangements. The costs involved towards professional inputs required for the preparation of training material and imparting of training are covered in the Consultancy Budget for the MDSC. D. The costs for the staffing of environmental personnel in PMCU and PIU are covered in the project costs. The MDSC budget covers the preparation of IEE/EMP for the sub projects.
29
VI. MONITORING AND REPORTING
A. Environmental Monitoring Program (EMOP)
68. In response to the impacts identified during environmental assessment, an environmental monitoring plan (EMOP) will be developed for CRDP subprojects. The budget will be updated during detailed design stage of each subproject. The contract documents will contain a listing of all required mitigation measures and a timeframe for the compliance monitoring of these activities. The monitoring will comprise surveillance to check whether the contractor is meeting the provisions of the contract during construction and the executing agency during the operation of CRDP. In cooperation with MDSC and PIUs, during project implementation will be required to:
(i) Develop an environmental auditing protocol for the construction period, and formulate a detailed monitoring and management plan; and (ii) Supervise the environmental monitoring regularly, and submit monthly reports to PMCU and annually to ADB for Category B sub-projects, and semiannually during construction and annually during the operations for Category A sub- projects based on the monitoring data and laboratory analysis report. The main parameters to be monitored by the contractor are outlined in the EMOP.
69. The contractor will be responsible for subcontracting data collection of environmental monitoring to a recognized organization.
B. Environmental Reporting
70. The EMP will be part of the overall periodic project monitoring and supervision progress reports submitted by the PMCU to ADB, but at a minimum, semi-annual environmental reports to be submitted to ADB (for Category B) and quarterly environmental reports (for Category A), and will be implemented by the contractor with oversight from the MDSC and PIU. The PIU shall submit the following environmental reporting documentation to the PMCU and ADB:
(i) Environmental Monitoring Reports. The environmental monitoring reports will include environmental mitigation measures undertaken, environmental monitoring activities undertaken, details of monitoring data collected, analysis of monitoring results, recommended mitigation measures, environmental training conducted, and environmental regulatory violations. The environmental monitoring reports will be submitted to the Government twice annually and quarterly to ADB during the construction period.
(ii) Project Completion Environmental Monitoring Report. After completion of construction, the PMCU shall submit a Project Completion Environmental Monitoring Report to the Government and ADB which will summarize the overall environmental impacts from the Project. This shall form part of the overall Project Completion Report for the project.
30
VII. CONFIRMATION THAT ENVIRONMENTAL ASSESSMENT AND REVIEW PROCEDURES CONFORM TO ADB’S ENVIRONMENTAL AND SOCIAL SAFEGUARDS POLICIES
71. The Environmental Assessment and Review Framework developed in the above sections are based on the applicability of various Acts/Rules/Guidelines of the Government and ADB. The framework clearly specifies the procedures to be followed for each component as per the ADBs requirements. Based on the findings and recommendations of the IEE of sample subprojects, most of the subproject components are categorized as B. However to ensure the environmental safeguards, for each of the subprojects, a rapid environmental assessment will be conducted using ADB’s REA checklist to determine the subproject category. In case a subproject is categorized as 'A', EIA will be conducted. Hence, the proposed review procedure will ensure environmentally benign project implementation while satisfying ADB's Policies.
72. The PPTA through which CRDP was prepared included detailed studies on Involuntary Resettlement, Gender and Indigenous Peoples, and Resettlement Framework which describes how these issues would be addressed in development and implementation of subprojects in the future. Together with the EARF, these documents ensure that subprojects and the CRDP as a whole comply with ADB policies.
Appendix 1 31 OVERVIEW OF SAMPLE SUBPROJECTS S. City Subproject Subproject Components No. Region A Economic Revitalization and Environmental Conservation 1 Dhaka Urban renewal of (i) Detailed design and project preparation for urban renewal—both private Shakhari bazaar, buildings and public realm of the project area. Old Dhaka (ii) Upgrading the public realm: (a) relocation of utilities and services along the Shakhari bazaar including telephone lines, electricity lines, lined drains, water supply pipelines; (b) resurfacing/strengthening of the existing pavement of the street after relocation of utilities, and provision of street furniture; and (c) improvement to the existing parking east of the Shakhari bazaar, traffic management, etc. (iii) Restoration of selected buildings (1-2 Nos) within a designated heritage area by the local city corporation: (a) structural improvements; (b) provision of basic amenities; (c) restoration of architectural elements (internal courtyards, building façades); and (d) other improvements, such as new internal plastering. B Transportation 2 Dhaka Integrated traffic (i) Development of an integrated traffic management plan, including design of management, traffic management measures and pedestrian friendly transport infrastructure. Banani (ii) Rehabilitation of road surface and drainage, including (a) modifications to existing road cross-sections for 8.76km road stretches within the project area (comprising local distributors, major access and minor access roads) based on the proposed traffic management plan, to accommodate pedestrian facilities, on-street parking facilities; (b) relocation of telephone wires and electric cables, including underground ducting; (c) water mains and sewer lines reconstruction along the road stretches; and (d) street lighting and landscaping of roads. C Energy Conservation and Efficiency 3 Dhaka Energy (i) Energy efficiency improvements in Tongi Pourashava’s water supply system, conservation and including renovation of existing water pumps. sustainability in (ii) Improving energy efficiency and reducing energy costs in the Tongi the public sector Pourashava offices. (Tongi (iii) Energy efficiency improvement in the lighting requirements of Tongi Pourashava) Pourashava through (a) introduction of a solar-based street lighting system; and (b) replacement of conventional 40-Watt fluorescent tables by T5 retrofit tubes. D Water Supply and Sanitation 4 Dhaka Improved service (i) Refurbishment of existing water supply network; delivery - water (ii) Interconnection of existing networks; supply (Gazipur (iii) Extension of distribution network; Pourashava) (iv) Development of 8 new production tubewells; and (v) Water provision in areas where gaps in provision have been identified including informal housing areas and in rural development clusters. Improved service (i) Construction of 2,000 new pit latrines in the core and fringe areas of the delivery - municipality; sanitation supply (ii) Construction of 10 new public toilets and wash facilities; and (Gazipur (iii) introduction of a septic tank and public latrine maintenance system in the core Pourashava) area including improved sludge management plan. E Solid Waste Management 5 Dhaka Improved (i) Improvements to primary and secondary collection, transportation of solid Service wastes; Delivery/Solid (ii) Development of transfer stations (8 nos); Waste (iii) Landfill site development; and Management (iv) Public awareness campaigns. (Narayanganj Pourashava)
G Strengthening Economic Growth in Urban Growth Centres 6 Dhaka Strengthening (i) Improvement of the priority road stretches, including drainage improvement of economic growth (a) Dhaka- Aricha (RHD) at 20 Mile- Jirabo Bazar Yearpur UP Road, (5.65km), in Ashulia and (b) Nabinagor- Kaliakor RHD at Sreepur- Kashimpur GC road (1.5km); Growth Centre, (ii) Provision of water supply to Ashulia through installation of two production/tube (Sawar Upazila) wells, together with 12 kms. of distribution pipelines serving a population of approximately 90,000; and (iii) Comprehensive planning to improve urban environmental quality.
32 Appendix 2
APPLICATION FOR ENVIRONMENTAL CLEARANCE CERTIFICATE FROM DEPARTMENT OF ENVIRONMENT
Application for Environmental Clearance Certificate [See Rule 7(5)]
Director/Deputy Director Department of Environment Dhaka Division/Chittagong Division/Khulna Division/Rajshahi Division (Bogra),
Sir,
I do hereby apply for Environmental Clearance Certificate for my proposed industrial unit or project, or for the existing industrial unit or project, and enclose papers and furnish information as follows:
1. (a) Name of the industrial unit or project : (b) Address of location of the industrial unit of Project : (c) Address of the present office : 2. (a) Proposed industrial unit or project : Expected date of starting construction : Expected date for completion of construction : Expected date of trial production, in case of industrial : unit, in other cases, date of starting operation of the project (b) Existing industrial unit or project : Date of starting trial production incase of industrial : unit, in other cases, date of starting operation of the project 3. Name of product and quantity to produced : (daily/monthly/yearly) 4. (a) Name of raw material and quantity : (daily/monthly/yearly) (b) Source of raw material : 5. (a) Quantity of water to be used daily : (b) Source of water : 6. (a) Name of fuel and quantity (daily/monthly/yearly) : (b) Source of fuel : 7. (a) Probable quantity of daily liquid waste : (b) Location of waste discharge : (c) Probable quantity of daily emission of gaseous : substance (d) Mode of emission of gaseous substance : 8. Mouza map indicating “Daag” and “Khatiyan” number : 9. Approval of Rajdhani Unnayan Katripakkhya / : Chittagong Development Authority / Khulna Development Authority / Local Authority (if applicable) 10. (a) Design and time schedule of proposed Effluent Treatment Plant (b) Fund allocated (c) Area 11. Process Flow Diagram 12. (a) Location map of industrial unit or project (b) Layout plan (with location of Effluent Treatment Plant) Appendix 2 33
13. (a) IEE / EIA report * (if applicable) (b) Environmental Management Plan*(if applicable) 14. Feasibility Report (if applicable)
Seal Signature of the entrepreneur: Name: Address: Phone: Date:
Declaration
I do hereby declare that all information provided by me in this application are true to the best of my knowledge and no information has been concealed or distorted.
Name and Signature of Entrepreneur
* Each page must be countersigned by the person who fills out this application form and by the entrepreneur.
34 Appendix 3
OUTLINE OF ENVIRONMENTAL IMPACT ASSESSMENT REPORT
1. An environmental assessment report is required for all environment category A and B projects. Its level of detail and comprehensiveness is commensurate with the significance of potential environmental impacts and risks. A typical EIA report contains the following major elements, and an IEE may have a narrower scope depending on the nature of the project. The substantive aspects of this outline will guide the preparation of environmental impact assessment reports, although not necessarily in the order shown.
2. Executive Summary. This section describes concisely the critical facts, significant findings, and recommended actions.
3. Policy, Legal, and Administrative Framework. This section discusses the national and local legal and institutional framework within which the environmental assessment is carried out. It also identifies project-relevant international environmental agreements to which the country is a party.
4. Description of the Project. This section describes CRDP; its major components; and its geographic, ecological, social, and temporal context, including any associated facility required by and for the project (for example, access roads, power plants, water supply, quarries and borrow pits, and spoil disposal). It normally includes drawings and maps showing the project’s layout and components, the project site, and the project's area of influence.
5. Description of the Environment (Baseline Data). This section describes relevant physical, biological, and socioeconomic conditions within the study area. It also looks at current and proposed development activities within the project's area of influence, including those not directly connected to the project. It indicates the accuracy, reliability, and sources of the data.
6. Anticipated Environmental Impacts and Mitigation Measures. This section predicts and assesses the project's likely positive and negative direct and indirect impacts to physical, biological, socioeconomic (including occupational health and safety, community health and safety, vulnerable groups and gender issues, and impacts on livelihoods through environmental media and physical cultural resources in the project's area of influence, in quantitative terms to the extent possible; identifies mitigation measures and any residual negative impacts that cannot be mitigated; explores opportunities for enhancement; identifies and estimates the extent and quality of available data, key data gaps, and uncertainties associated with predictions and specifies topics that do not require further attention; and examines global, trans boundary, and cumulative impacts as appropriate.
7. Analysis of Alternatives. This section examines alternatives to CRDP site, technology, design, and operation—including the no project alternative—in terms of their potential environmental impacts; the feasibility of mitigating these impacts; their capital and recurrent costs; their suitability under local conditions; and their institutional, training, and monitoring requirements. It also states the basis for selecting the particular project design proposed and, justifies recommended emission levels and approaches to pollution prevention and abatement.
8. Information Disclosure, Consultation, and Participation. This section: (i) describes the process undertaken during project design and preparation for engaging stakeholders, including information disclosure and consultation with affected people and other stakeholders; (ii) summarizes comments and concerns received from affected people and other stakeholders and how these comments have been addressed in project design and mitigation measures, with Appendix 3 35 special attention paid to the needs and concerns of vulnerable groups, including women, the poor, and Indigenous Peoples; and (iii) describes the planned information disclosure measures (including the type of information to be disseminated and the method of dissemination) and the process for carrying out consultation with affected people and facilitating their participation during project implementation.
9. Grievance Redress Mechanism. This section describes the grievance redress framework (both informal and formal channels), setting out the time frame and mechanisms for resolving complaints about environmental performance.
10. Environmental Management Plan. This section deals with the set of mitigation and management measures to be taken during project implementation to avoid, reduce, mitigate, or compensate for adverse environmental impacts (in that order of priority). It may include multiple management plans and actions. It includes the following key components (with the level of detail commensurate with the project’s impacts and risks):
(i) Mitigation identifies and summarizes anticipated significant adverse environmental impacts and risks; describes each mitigation measure with technical details, including the type of impact to which it relates and the conditions under which it is required (for instance, continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate; and provides links to any other mitigation plans (for example, for involuntary resettlement, Indigenous Peoples, or emergency response) required for the project.
(ii) Monitoring describes monitoring measures with technical details, including parameters to be measured, methods to be used, sampling locations frequency of measurements, detection limits and definition of thresholds that will signal the need for corrective actions; and describes monitoring and reporting procedures to ensure early detection of conditions that necessitate particular mitigation measures and document the progress and results of mitigation.
(iii) Implementation arrangements specify the implementation schedule showing phasing and coordination with overall project implementation; describes institutional or organizational arrangements, namely, who is responsible for carrying out the mitigation and monitoring measures, which may include one or more of the following additional topics to strengthen environmental management capability: technical assistance programs, training programs, procurement of equipment and supplies related to environmental management and monitoring, and organizational changes; and estimates capital and recurrent costs and describes sources of funds for implementing the environmental management plan.
(iv) Performance indicators describes the desired outcomes as measurable events to the extent possible, such as performance indicators, targets, or acceptance criteria that can be tracked over defined time periods.
11. Conclusion and Recommendation. This section provides the conclusions drawn from the assessment and provides recommendations.
36 Appendix 4
INDICATIVE TERMS OF REFERENCE FOR ENVIRONMENTAL PERSONNEL IN THE MDSC, PMCU AND PIU
A. Management, Design, and Supervision Consultants (MDSC)
1. Environmental Safeguards Specialist (International)
1. Experience. A civil engineer with postgraduate specialization in environment, having at least 15 years of working experience related to the integration of environmental issues in design, and supervision of infrastructure projects and preparation of environmental assessment documents, preferably with multi-donor projects. International experience is mandatory with previous country experience preferred.
2. Detailed Tasks:
(i) Build capacity of the PMCU/PIU Environmental officers and the Environmental Safeguards Specialist (National) to prepare and implement IEE/EMPs for Subprojects in accordance with the EARF for the CRDP; (ii) Develop and implement an environmental capacity building programme including training program for the PMCU/PIU staff, contractors, and national consultants involved in project implementation; (iii) Become familiarized with national laws and ensure project compliance; (iv) Oversee quality of work by national Environmental Specialist consultant; including editing and finalizing all IEEs/EIAs in accordance with the EARF and provide necessary supervision throughout the design, planning, and implementation process for subprojects under CRDP; (v) Assist the PMCU Environmental Engineer to document and develop good practice construction guidelines to assist the contractors in implementing the provisions of IEE; (vi) Prepare any relevant operational and maintenance manuals and procedures as needed (these include Site Management Plans, Waste Management Plans, Sludge Management and Disposal Plans, Occupational Safety Plans, etc.) in coordination with Team Leader of consulting team; (vii) Interact with the sector specialists of the MDSC and integrate environmentally sound practices into the detailed design of project components; (viii) Develop protocols, for site supervision, monitoring and reporting, etc. to ensure effective implementation of environmental measures proposed in the EMPs; and (ix) Review all monitoring reports and advise Project Team on corrective actions. Assist PMCU in finalizing monitoring reports for submission to ADB on quarterly basis.
2. Environmental Safeguards Specialist (National)
3. Experience. A civil engineer with specialization in environment, having at least 5-10 years of working experience related to the integration of environmental issues in design, and construction of infrastructure projects. Past experience working on donor projects preferable.
4. Detailed Tasks:
Appendix 4 37
(i) Prepare (or update based on detailed design) IEEs/EIAs in accordance with the EARF for the CRDP; (ii) Ensure all EMP measures are included in contract documents; (iii) Ensure compliance with all relevant national laws; (iv) Interact with the sector specialists of the MDSC and integrate environmentally sound practices into the detailed design of project components; (v) Work out the site specific mitigation measures for components as required and integrate the same into contractual provisions; (vi) Assist the International Environmental Specialist in environmental training programs and workshops for the staff of the PIU and Contractors and in accordance to the Capacity Building Programme; (vii) Preparation of Activity Plans as identified in IEE (these include Site Management Plans, Waste Management Plans, Sludge Management and Disposal Plans, Occupational Safety Plans, etc.); (viii) Supervise the implementation of the Environmental Management Plan by the Contractors; (ix) Prepare monthly environmental monitoring reports in collaboration with PIU environmental officer and submit to PMCU; (x) Review site specific environmental enhancement/mitigation designs worked out by the Contractor. Assist PIU in approving such designs; (xi) During the Construction phase, monitor and ensure compliance of environmental monitoring plans by contractors as well as any other environmental issues in coordination with PIUs; (xii) Provide occupational health and safety training for contractors’ personnel before commencement of civil works for all subprojects; (xiii) Review the Contractors’ Environmental Implementation Plans to ensure compliance with the IEE/EMP. (xiv) Assist the PIU Environmental officer to prepare and submit environmental monitoring and implementation progress reports to PMCU. Take correction actions where necessary; (xv) Establish dialogue with the affected communities and ensure that the environmental concerns and suggestions are incorporated and implemented in the project; and (xvi) Facilitate in responding to any public grievances.
B. Project Management Coordination unit (PMCU)
1. Environmental Safeguards Officer – PMCU
5. Experience. An Environmental Engineer / scientist with experience in management of environmental issues of infrastructure projects and understanding of the regulatory framework for environmental management in Bangladesh.
6. Detailed Tasks:
(i) Ensure the conformance of all Subprojects proposed under CRDP to the regulatory compliance to the Government, with reference to environmental requirements, with support from the Environmental Officer of the PIUs. This shall include preparation of the documents as required under the Environmental Conservation rules, submission of application forms, and obtaining clearances
38 Appendix 4
from the DOE; and ensuring conformance to the clearance conditions laid down in the clearances for the Subprojects by the DOE; (ii) Liaise with the various Government agencies on environmental and other regulatory matters pertaining to implementation of the subprojects; (iii) Work closely with the PIUs and provide guidance on the shifting of utilities and services, including obtaining necessary clearances from the respective line agencies, prior to award of civil works contracts; (iv) Provide support and assistance to the Government Agencies and the Asian Development Bank to supervise the implementation of the IEE during the construction as well as operation stage of the project ; (v) Monitor construction activities to ensure that identified and appropriate control measures are effective and in compliance with the IEE and advise PIUs for compliance with statutory requirements; (vi) Work in close co-ordination with the Social Safeguards officer of the PMCU and participate in the Grievance Redressal Mechanism for all grievances that are brought forward to the PMCU. Monitor on a continuous basis the effective functioning of the Grievance mechanisms at the PIU and Pourashava levels on all grievances related to environmental issues; and (vii) Jointly (with the environmental engineer of the PMCU), review the environmental performance of the project through an assessment of the periodic environmental monitoring reports submitted by the MDSC; provide a summary of the same to the Project Director, and initiate necessary follow-up actions.
2. Environmental Engineer - PMCU
7. Experience. A Civil Engineer with specialization in Environment with experience in implementation of environmental management plans of infrastructure projects, especially those funded by donor agencies.
8. Detailed Tasks.
(i) Review the IEE Document and contract clauses and ensure adequacy under ADB’s Environmental Assessment Guidelines, 2003 and the updated Safeguards Policy Statement, 2009 and identify any areas for improvement. (ii) Ensure that the subproject design and specifications adequately reflect the IEE. (iii) Monitor construction activities to ensure that identified and appropriate control measures are effective and in compliance with the IEE. (iv) Review and approve the Contractor’s Implementation Plan for the environmental measures, as per IEEs/EMPs. (v) Liaise with the Contractors and Consultants on the implementation of the Environmental management measures proposed in the IEE/EMP. (vi) Jointly (with the environmental safeguards officer of the PMCU), review the environmental performance of the project through an assessment of the periodic environmental monitoring reports submitted by the MDSC; provide a summary of the same to the Project Director, and initiate necessary follow-up actions. (vii) Document the good practices in the project, with support from Environmental Specialists of the MDSC and PIU on (a) incorporation and integration of environmental issues into engineering design and (b) on implementing environmental measures in the construction, and dissemination of the same.
Appendix 4 39
C. Project Implementation Unit (PIU)
1. Environmental Officer (PIU)
9. Experience. A civil engineer with working experience related to the integration of environmental issues in design, and construction of infrastructure projects.
10. Detailed tasks:
(i) Support the Environmental Safeguards officer of the PMCU towards ensuring the conformance of the subproject to the regulatory compliance to the Government, with reference to environmental requirements; including preparation of documents required for clearances, obtaining clearances from the divisional office of the DOE, etc.. (ii) Work with the MDSC Environmental Specialists in the preparation of the Environmental Safeguards Documents; including integration of environmental provisions into the contract provisions of the respective subprojects. (iii) With support of the PMCU and MDSC Environmental Specialists, monitor compliance of the implementation of the environmental provisions; and ensure that identified control measures are effective and in compliance with the IEE. (iv) Review and approve the Contractor’s Implementation Plan for the environmental measures, as per IEEs/EMPs. (v) Liaise with the Contractors and Consultants on the implementation of the Environmental management measures proposed in the IEE/EMP; including the implementation of the environmental monitoring plan outlined in the IEE. (vi) Establish dialogue with the affected communities and ensure that the environmental concerns and suggestions are incorporated and implemented in the project. (vii) Participate in the Grievance redressal of all grievances pertaining to environment and support the PIU/Pourashava in redressal of the same. (viii) Prepare and submit environmental monitoring and implementation progress reports with support from MDSC consultants, to the PMCU. (ix) Assist Environmental Specialist of the PMCU to prepare good practice dissemination notes based on the experience gained from site supervision.
40 Appendix 5
ENVIRONMENTAL CLAUSES FOR INCLUSION IN CONSTRUCTION CONTRACT TENDER DOCUMENTS
1. Preamble. The Contractor must include sufficient allowance in its bid price to fulfill the following conditions in the course of its work. The Contractor is responsible for assuring that subcontractors working at the project area also abide by these conditions.
2. Hiring. Hiring of project-affected persons, residents of project-affected administrative units, disadvantaged groups such as minorities or women, and other local inhabitants, are preferred.
3. Occupation of and temporary use of Land for Construction Purposes. The contractor will obtain prior approval from landowners for temporary use of land for labor camp and construction yard, and before occupation agree on price, intended use and duration, amount of clearing and excavation, and final waste disposal and reclamation. The occupation shall be only after approval from the Environmental Personnel of the Supervision Consultant (Engineer), and shall include appropriate documentation of the pre-utilization status including a photograph of the site, on date of occupation by the contractor.
4. The contractor will not encroach upon or damage wetlands, forests, or fisheries in the project area, and will provide a plan for preventing fires and possession of instruments or poisonous substances for killing or capturing fish or wildlife.
5. All affected areas within the general project boundary shall be graded to their original elevation or to a gently sloping grade following completion. Machinery, equipment, structures contaminated earth and waste or unused materials shall be removed and disposed of properly.
6. No fuel, oil, or parts cleaning fluids shall be spilled, wasted or disposed of at the project site.
7. Disposal of wastes / dredge materials onto private lands. The contractor will carry out disposal of dredge materials from the rivers / drains on sites identified in line with the criteria outlined in the IEE/EMP.
8. Site Conditions, Quarries and Haul Routes. Opening of trenches and excavations in public right-of-ways, towards laying/ rehabilitation / repair of pipelines, improvement of roadside drainage, etc. shall be done in a manner to least inconvenience residents, shop owners and pedestrians of the area. Where blockage of homes and shops occurs the contractor is required to limit the period of time an excavation is left open, done by excavating only a short portion that can be completed and backfilled in a few days, and by providing walkways and bridging across excavated areas.
9. Excavations shall not be left in an incomplete state, but shall be backfilled as quickly as feasible and the surface finished, providing access and limiting the generation of airborne dust.
10. The contractor will provide a plan for development of haul roads that minimize interference with ongoing activity in the area. Haul routes shall be approved by the PIU. Haul roads for unclassified fill in the project area shall be kept as close as possible to areas to be excavated.
Appendix 5 41
11. Selection of borrow pits and haul routes shall minimize noise and air pollution in the vicinity of the borrow pit, en route and at the construction sites; visual impacts in inhabited areas; impacts on land use, air and noise emissions along haul routes; and congestion in populated areas.
12. Quarry locations and haul routes will be approved in advance by the Site Engineer and PIU. Vehicles hauling dirt and fill materials, or spoil away from construction sites, are required to remove loose materials prior to entry onto public thoroughfares, and to cover loads with tarpaulins sufficient to suppress blowing dust, dirt and sand.
13. Archaeological and Cultural Relics. The Contractor must halt construction upon discovery of foreign objects of non-recent origin on the ground or below grade. Contractor must notify the Site Engineer and PIU, who will contact the Ministry of Cultural Affairs to investigate and undertake recovery. Work must remain halted at the specific location until recovery is complete.
14. The contractor is responsible for arriving at a plan to reduce sediment load in local drainage courses due to the discharge of water from excavations. The Site Engineer must approve the plan prior to start of excavation. Final discharges to local streams should contain TSS no greater than 300 mg/L.
A. For Inclusion in Special Conditions
15. The Contractor will provide in its proposal the following items along with a stated bid price:
Item Unit Price 1 Environmental Management Plan at the construction site 2 Safety Plan for accident prevention and response 3 Management Plan for wastes generated due to construction, including dredging, excavation, etc. 4 Provision of minimum standards of basic services to the construction labor (housing, water, sanitation, waste disposal, etc.) 5 Provision of environmental enhancement measures to the communities around the subproject locations.