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E2245 V2 Public Disclosure Authorized E2245 V2 Public Disclosure Authorized Ministry of Regional Development and Infrastructure of Georgia Roads Department of Georgia Public Disclosure Authorized KAKHETI REGIONAL ROAD IMPROVEMENT PROJECT “UPGRADING OF VAZIANI – GOMBORI – TELAVI ROAD” ENVIRONMENTAL IMPACT ASSESSMENT Public Disclosure Authorized Volume II. ANNEXES Public Disclosure Authorized September 2009 CONTENTS Annex 1. Environmental and Resettlement Related Legislation of Georgia and 3 WB Regulations Annex 2. Baseline Environmental Conditions 39 Annex 3. Social Baseline Information 88 Annex 4. Analysis of Alternative Routes 106 Annex 5. Air Quality: Baseline, Project Impacts and Mitigation 144 Annex 6. Noise Factor: Baseline, Project Impacts and Mitigation 149 Annex 7. List of References 154 Annex 8. List of Contributors to EIA 158 1 ABBREVIATIONS BP Bank Procedures CAS Center of Archaeological Search of the Ministry of Culture and Sports EBRD European Bank for Reconstruction and Development EIA Environmental Impact Assessment EMP Environmental Management Plan EMS Environmental Management System GIS Geographical Information Systems GP Good Practices GPS Global Positioning System HSE Health, Safety and Environment IFI International Financial Institution MAC Maximum Admissible Concentrations MCC Millennium Challenge Corporation MDF Municipal Development Fund of Georgia MoA Ministry of Agriculture MoE Ministry of Environmental Protection and Natural Resources MLHSP Ministry of Labor, Health and Social Protection MoI Ministry of Interior MoCMPS Ministry of Culture, Monument Protection and Sports MUFSRA Management Unit for Food Safety and Risk Analyze of the Ministry of the Agriculture OP Operational Policy PIU Project Implementation Unit PPE Personal protective equipment RDMRDI Road Department of the Ministry of Regional Development and Infrastructure RoW Right of Way WB World Bank 2 ANNEX 1. ANNEX 1. ENVIRONMENTAL AND RESETTLEMENT RELATED LEGISLATION OF GEORGIA AND WB REGULATIONS Introduction This Annex presents the review and analysis of the environmental and resettlement legislation of Georgia and the procedures for ensuring full consideration of WB environmental safeguards and the WB environmental assessment and resettlement guidelines in the implementation of projects financed under the WB loans. It describes existing in Georgia environmental regulations relevant to the project, provides guidance on the measures required for ensuring consistency with environmental assessment and makes reference to institutions at the local and national levels responsible for issuing permits, licenses, and enforcing compliance of environmental standards. 1. ENVIRONMENTAL REGULATIONS 1.1. LEGISLATION AND ADMINISTRATIVE STRUCTURE IN GEORGIA 1.1.1 Administrative Structure Ministry of Environment Protection and Natural Resources (MoE). MoE has the overall responsibility for protection of environment in Georgia. The Service of Licenses and Permits of MoE is responsible for reviewing EIAs and for issuance of the Environmental Permits. The MoE Inspectorate is responsible for compliance monitoring, including monitoring of construction activities and auditing of all kind of entities. Regional services of MoE are involved during agreement on Terms of Reference on architectural design of a project and in commissioning of completed facilities. Ministry of Environmental Protection and Natural Resources of Georgia (MoE) is the main state body pursuing state policy in the sphere of environment. Their functions for regulating economic or development activities with regard to environmental protection include: • Issuing permits for project development (Environmental Impact Permit) • Setting emission limits and issuing surface water intake and discharge consents • Inspection of operating plants • Responding to incidents and complaint • MoE is responsible for monitoring air pollution and noise levels (especially near residential areas) • Regional services of MoE will agree upon the sites for disposal of the spoil and construction wastes. The Ministry defines and evaluates real and possible risk of impact on natural environment during implementation of different types of activities. Accordingly the Ministry has been assigned as responsible body for making decision on granting permission to the proponent on implementation of projects, which require Environmental Impact Assessment (EIA). Granting procedures slightly differ for different type of projects. 3 For the projects, which do not require Construction Permit, the Environmental permit is being issued by the MoE on the ground of State Ecological Examination. State Ecological Examination is carried out by MoE upon official submission of Environmental Impact Assessment (EIA) prepared by project developers. For projects requiring Construction Permit, no special permit is issued by MoE (according to “One window principle”, only one permit shall be issued for each activity). The Construction Permit is issued by the Ministry of Economic Development of Georgia, but the issuance of the Permit is subject to the consent of the MoE in a form of Conclusion of Ecological Expertise, as well as the Ministry of Culture (Center of Archaeological Studies, Department of Monuments protection). Consent of the MoE in such cases should be issued according to the same procedures (EIA, public consultations; SEE etc.) as for issuing Environmental Permit. The Ministry of Economic Development as an administrative body issuing a permit ensures the involvement of the MoE as a different administrative body in the administrative proceedings initiated for the purpose of permit issuance, in accordance with Georgia’s Law on Licenses and Permits. Project screening (definition of the project category and necessity for preparation of EIA) and scoping (definition of set of environmental issues and Terms of Reference) is carried out by the project implementing agency and its consultants (in this case Municipal Development Fund (MDF) and its consultants). Scoping and screening do not represent mandatory procedures according to Georgian legislature although review of scoping/screening outcomes and agreement of the Ministry of Environment Protection and Natural Resources is considered a desired practice. As a rule, EIA permitting conditions contains requirement for informing MEPNR regarding fulfillment of the EIA permit conditions. This basically means giving information regarding implementation of Environmental Management and Monitoring Plans. The Ministry of Economic Development (MoED). MoED is responsible for carrying out the review of technical documentation (including conclusion of an independent experts) and issuing Permits on Construction for projects classified as the projects of Special Importance, as well as for supervision over constructing activities and for arranging Acceptance Commission after completion of construction. State supervision of construction and compliance monitoring is provided by the Main Architecture and Construction Inspection (MACI), which is operating under the Ministry of Economic Development of Georgia The Roads Department of the Ministry of Regional Development and Infrastructure of Georgia (RDMRDI). RDMRDI is responsible for elaboration of policy and strategic plans related to developing motor roads, management of road and traffic related issues and construction, rehabilitation, reconstruction and maintenance of the roads of public use of international and national significance, utilizing funds from the state budget, lawns, grants and other financial sources. RDMRDI Responsibilities and Capacity Analysis Within the frames of the programs and projects, where the RDMRDI is appointed by the Government as implementing agency, the RDMRDI is responsible for the procurement of design and EIA studies, as well as works on construction and rehabilitation of roads of international and national significance, and is responsible for ensuring compliance with the Georgian legislation and 4 environmental and social requirements of the relevant donor organizations. Control of implementation of the EMP is direct responsibility of the RDMRDI. The RDMRDI should have adequate capacity to ensure due consideration of environmental and social concerns at the stages of strategic planning, project development, design and environmental studies and construction or reconstruction activities. The RDMRDI is supposed to review the EIAs and EMPs related to the RDMRDI projects and perform monitoring of compliance of the contractor’s performance with the approved EMPs, EIAs, environmental standards and other environmental commitments of the contractor. Internal resource of the RDMRDI is estimated to be sufficient for execution of project administration and overall environmental management. For the environmental monitoring of concrete projects, including the Vaziani – Gombori Motor Road project, RDMRDI shall procure technical and environmental supervision services. Constructing Contractor Constructing Contractor should provide Constructing Contractor’s Environmental Management Plan developed on the basis of the present EIA. The necessity to develop Contractor/s management plan should be fixed in the Construction Contract. The Constructing Contractor has following obligations: • to employ Environmental consultants (persons or company) responsible for developing and implementation of construction phase EMP and for provision of corresponding information to the MDF • to develop, if required, Spoil and Rock Disposal Plan and Construction Waste Disposal Plan agreed with the MoE and its
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