Environmental Management Framework for Urban Governance and Development Program: Emerging Towns Project (UGDP: ETP) Public Disclosure Authorized Public Disclosure Authorized
€Preparelf6y :
Project Coordination Office (j)epartment ofVr6an (j)eveCopment and(]3ui{cfing Construction
:Jvtinistry ofPliysica{Pfanning andWor~ Public Disclosure Authorized (]3a6armaliaf, :JVepa{ Public Disclosure Authorized
July, 2011 Foreword
The Environmental Management Framework (EMF) was prepared for the Nepal Urban Governance and Development Program: Emerging Towns Project (UGDP: HP) to be implemented by the six municipalities: Itahari, Mehchinagar, Dhankuta, Lekhnath, Baglung and Tansen. The program is being implemented by MLD, Department of Urban Development and Building Construction (DUDBC), Town Development Fund (TDF) and the municipalities under the financial support from the World Bank and the technical support from GIZ/ SUNAG program. The SMF was prepared with the participation of all the above agencies and departments, who deserve special thanks for their support and cooperation.
I would also like to convey my gratitude to the UGDP and WB Team members, who were always willing and available to assist in conceptualizing the study framework and approach, developing research tools, accessing relevant documents, and providing helpful insights about different issues and thematic areas that needed to be covered under the study. I am particularly thankful to Mr. Salil Devkota, Environment Safeguard Consultant who assisted us in preparing this document. My special thanks are also due to Mr. Purna Kadariya, Secretary, MPPW, Mr. Ashok Nath Upreti, Director General; DUDBC; Mr. Reshmi Raj Pandey, Joint Secretary, Ministry of Local Development; Mr. Sushil Gyawali, Executive Director, Town Development Fund; Mr. Govinda Bahadur Karki, Under Secretary, and Mr. Rishi Raj Acharya, Under Secretary, Ministry of Local Development; Mr. Prakash Raghubanshi, Sr. Planner and Mr. Kiran Giri, Sr. Economist, DUDBC; Mr. Harka Chhetri, Manager and Mr. Binod Neupane, Deputy Manager, Town Development Fund and other staff members of DUDBC for their kind support for this study. Similarly, I would like to extend my sincere appreciation to Mr. Bala Krishna Menon, Task Team Leader and Mr. Satya N. Mishra, Social Development Specialist, Mr. Drona Ghimire, Environment Specialist of the World Bank for their substantive inputs and insights on different issues for preparing the study. Similarly, Dr. Horst Matthaeus (Program Manager GIZ/ SUNAG) and GIZ team are due for appreciation for the support to prepare the EMF.
I would also like to acknowledge the cooperation and efforts of the officials of six municipalities, who managed to gather community members-women and men--and their respective organisations, representatives of the political parties, local community structures and government bodies to interact with our Environment Safeguard Consultant, often at very short notices, and providing all information required for the study.
I appreciate the valuable comments, suggestions and information from all the participants of the central and municipality level stakeholder consultations while collecting the required information and feedbacks on the draft EMF. Similarly, I appreciate the comments provided by the participants of the national workshop before finalizing the report. At the end, I would like to thank all the personnel and organizations wl!o were involved directly or indirectly in preparing this document.
Dr. Mahendra Subba Director General Department of Urban Development and Building Construction Ministry of Physical Planning and Works Government of Nepal July, 2011
1 Table of Content
Acronyms ...... 4 CHAPTER I: Introduction ...... 5 1.1 Background of UGDP ...... 5 1.2 Program Objectives and Components: ...... 5 1.3 Environmental Management Framework (EMF) ...... 6 CHAPTER II: Description of Program...... 7 2.1 Program Components: ...... 7 CHAPTER III: Approach and Methodologies followed in Preparing EMF ...... 8 3.1 Approach and Methodologies ...... 8 CHAPTER IV: Environmental Implications of UGDP ...... 10 4.1 Brief Description of existing Environmental issues in Tarai and hill municipalities ...... 10 4.2 Preliminary environmental situation of partner municipalities (with map): ...... 11 4.3 Specific environmental concerns of initial identified potential subprojects: ...... 13 4.3.1 Environmental Issues at sub project level ...... 13 4.4 Environmental Requirements of Sub Project Level Activities of UGDP ...... 17 4.5 Key Environmental Interventions Desired ...... 18 4.6 Current Environmental Management Practices in Municipalities ...... 20 4.7 Lessons Learned from Programs Learned by External Donors ...... 24 CHAPTER V: Relevant Policies of Government of Nepal ...... 26 5.1 The Interim Constitution of Nepal, 2006: ...... 26 5.2 Policies of GON Relevant to Environment and Development ...... 26 5.3 Environment Related Legislations of GON Applicable to UGDP ...... 28 5.4 Related Guidelines of GON ...... 33 5.5 International Conventions, Agreements related to UGDP ...... 35 CHAPTER VI: UGDP Implementing Institutions and Its Institutional Assessment...... 38 6.1 Implementing Institutions ...... 38 6.2 Institutional Arrangement of UGDP: NETP ...... 38 6.2.1 Central Level Arrangement ...... 38 6.2.2 Municipal Level Arrangement ...... 41 6.3 Institutional and Capacity Assessment ...... 41 6.3.1 Ministry of Local Development (MoLD) ...... 41 6.3.2 Department of Urban Development and Building Construction (DUDBC) ...... 42 6.3.3 Town Development Fund (TDF) ...... 42 6.3.4 Municipalities...... 44 CHAPTER VII: Environmental Management Framework (EMF) ...... 47 7.1 Environmental Considerations in Project Planning Phase ...... 47 7.1.1 Project Identification ...... 47 7.1.2 EMP Implementation Phase ...... 51 7.1.3 Table of Content for an EMP, Sample EMP ...... 51 7.1.4 The roles and responsibilities of IDA...... 51 CHAPTER VIII: Consultation, Information Disclosure, and Grievance Redress Mechanism ...... 52 8.1 Consultation and Information Disclosure ...... 52 8.1.1 Public Consultation ...... 52 8.1.2 Information Disclosure and Dissemination ...... 53 8.2 The Information and Consultation Framework ...... 53 8.3 Grievances Redress Mechanism ...... 55 8.4 Monitoring and Reporting ...... 56 8.5 Monitoring Framework ...... 57
2 8.5.1 Types of monitoring ...... 57 8.5.2 Monitoring phase ...... 58 8.5.3 Monitoring cost, parameters, location, schedule and responsibilities ...... 58 8.5.4 Contractors Compliance on ESMF ...... 58 CHAPTER IX ...... 57 9.1 Institutional Arrangements for Implementing EMF ...... 60 9.2 Implementing Institutions ...... 60 9.3 Institutional Arrangement of UGDP: NETP ...... 60 9.3.1 Central Level Arrangement ...... 60 9.4 Capacity Strengthening Plan for Implementing EMF ...... 62 9.4.1 Knowledge on policy, legal and administrative provisions ...... 62 9.4.2 Training ...... 63 9.4.3 Human Resource Development ...... 63 CHAPTER X: ...... 64 10.1 Consultation Report ...... 66
Annexes Annex 1 : Environmental Factors to be considered during Project Planning and Identification Phase Annex 2 : Priority Projects for the Six Municipalities as Identified by the Local Stakeholders during Prefeasibility Study, 2010 Annex 3 National Standards Annex 4 Products B-anned for Imports Annex 5 Environmental Best Practices for Various Types of Urban Infrastructure Projects Annex 6 List of Activities Not Recommended from the Environmental Perspectives Annex 7 Screening Checklist Annex 8 Project Environmental Management Plan Annex 9 Terms of Reference of lEE (Schedule -3, Pertaining to Rule 5 of EPR) Annex 10 Steps and Requirements for lEE Studies for UGDP Sub Project Activity Annex 11 Sub Project Level Monitoring Format for UGDP Annex 12 Consultation Report Annex 13 Plans and Policies
List of Tables Table 4.1 Environmental Issues at sub project level Table 4.2 Environmental Issues of municipality under UGDP program Table 4.3 Environmental Interventions Desired in UGDP Participating Municipalities Table 4.4 The current environment management practices in sub project level activities in participating municipalities of UGDP Table 7.1 Role and Responsibilities of Stakeholders for EMF Implementation in Sub Project Cycle of UGDP Table 8.1 Component: Socioeconomic Infrastructure (TDF) Table 9.1 Proposed capacity building activities for EMF Implementation in UGDP
3 Acronyms
COO : Chief District Officer DOC : District Development Committee DFO : District Forest Officer DUDBC : Department of Urban Development and Building Construction EAs : Environmental Assessment EIA : Environmental Impact Assessment EIA : Environmental Impact Assessment EMF : Environmental Management Framework EMP : Environmental Management Plan EPA : Environmental Protection Act EPR : Environmental Protection Rules FAR : Financial Administration Regulations GON : Government of Nepal lEE : Initial Environmental Examination MLD : Ministry of Local Development MOE : Ministry of Environment MUAN : Municipal Association of Nepal NEPAP : Nepal Environmental Policy and Action Plan NPC : National Planning Commission PCO : Project Coordination Office PCO : Project Coordination Office PMT : Program Management Team PMT : Program Management Team NGO : Non Government Organization PWD : Public Works Directive PWD : Public Works Directives R&R : Resettlement and Rehabilitation RAP : Resettlement Action Plan RF : Resettlement Framework RoW : Right-of-Way RP : Resettlement Plan SA : Social Assessment SMF : Social Management Framework TDF : Town Development Fund TDF : Town Development Fund TLO : Tole Lane Organization TOR : Terms of Reference ToR : Terms of Reference UDLE : Urban Development through Local Effort UGDP : Urban Governance Development Program VCDP : Vulnerable Community Development Plan VDC : Village Development Committee WB : World Bank
© This Report remains the sole property of the Government of Nepal and cannot be quoted or used by anyone without prior written permission of the Ministry of Physical Planning and Works (MPPW), Government of Nepal except in case of Mr. Salil Devkota, Environment Safeguard Consultant, who as the author of this report shares the intellectual property rights with the Government of Nepal.
4 CHAPTER I
Introduction
1.1 Background of UGDP
The high rate of urbanization is exerting immense pressure on urban environment. The municipalities often do not have sufficient expertise and resources to deal with the rapid growth. With the enactment of the Local Self-Governance Act, 1999, municipalities have been given many responsibilities but there have not been adequate measures to enhance their capacities. As a result, many cities are facing environmental problems such as inadequate basic physical infrastructure, solid waste management, air pollution, and wastewater management, and with continued growth, the problems of urban poverty and informal settlements are also growing. Municipalities also lack adequate financial resources to provide basic urban services. This process is reshaping Nepal's economic and human geography. At the same time, Nepal wishes to strengthen the decentralization/devolution and local governance.
In the given context, the GON has requested the World Bank's assistance in the urban sector, particularly in secondary towns. GON is in the process of preparing Urban Governance and Development Program (UGDP) under the funding support from the World Bank. The program aims to build the capacity of selected municipalities to plan and implement basic infrastructure that will lead to increased economic opportunities and improved services for their residents.
1.2 Program Objectives and Components:
The overall objective of the program is to build the capacity of municipal authorities in secondary municipalities to plan and implement basic infrastructure that will lead to increased economic opportunities and improved services for their residents. The Program will be implemented in the six secondary municipalities selected through an independent pre-feasibility study. These are: Mechinagar Municipality (Jhapa District), Dhankuta Municipality (Dhankuta District), Itahari Municipality (Sunsary District), Lekhanath Municipality (Kaski Distrtict), Baglung Municipality (Baglung District), and Tasnsen Municipality (Palpa District).
Project location maps
5 1.3 Environmental Management Framework (EMF)
The EMF defines the steps, processes, and procedures for screening, assessment, monitoring and management. In addition, the EMF will analyze environmental policies and legal regime of Nepal and safeguard policies of the Bank as well as institutional and capacity assessment for environmental management. The EMF is intended to be used as a practical tool during program formulation, design, implementation, and monitoring in UGDP.
The exact interventions and their sites are not known during the program preparation (these will emerge during the implementation). It is inappropriate to undertake environmental assessment of specific interventions. However, in order to identify, mitigate and manage adverse environmental impacts that are likely to arise from the activities of the program during implementation, EMF is required to ensure that environmental issues are dealt by in a proper and efficient manner meeting all the legal compliance requirements of GON, and the World Bank in UGDP.
EMF will be followed during project implementation for ensuring environmental integration in planning, implementation, and monitoring of project supported activities. For ensuring good environmental management in the proposed program, the EMF will provide guidance on pre-investment works/studies (such as environmental screening, environmental assessment, environmental management plans, etc), provide set of steps, process, procedure, and mechanism for ensuring adequate level of environmental consideration and integration in each investment in the subproject-cycle; and describes the principles, objectives and approach to be followed to avoid or minimize or mitigate impacts. The EMF contains the following:
a) Environmental factors that needs to be considered while planning and design of different categories of activities (sub project types) under the proposed program b) Environmental screening criteria: criteria, process, procedures, steps, time, and responsibility as well as necessary tools (format, checklist etc) for environmental screening of the investment under the proposed program. c) Environmental assessment guidelines: Steps, process and procedures to be followed in different levels of environmental assessment (limited or full assessment). This includes guidance on the sub project level baseline information, impact identification, assessment/assessment and designing mitigation measures, and in preparing environmental management plan. d) EMF includes subproject/ activity level environmental monitoring framework. e) The EMF includes the institutional arrangement for implementing EMF, environmental code of practices to be followed in sub project/activity level, capacity strengthening plan for environmental capacity of the involved parties in accordance with their role and functions, guidance on appropriate ways of holding consultations.
6 Chapter II
Description of Program
2.1 Program Components:
The UGDP has four components, which are highlighted below.
Component 1: Capital grants for improving/rehabilitating socia-economic infrastructure. The capital grants will support expansion and/or improvement of essential infrastructure/services which are legally assigned to municipalities -such as local roads, drainage, sewage, solid waste, health & education infrastructure, parks, libraries, creches, street lighting, and so forth. The selection of investment priorities will be undertaken by each municipality based on pre-defined criteria and·transparent participatory process. The municipalities will be provided onsite support, as needed, to help manage the socio-economic development program. The municipalities will select investment priorities based on their periodic development plans prepared in consultation with key stakeholders. The overall funding envelope for each municipality will be determined on the basis of its population, socio-economic needs and past performance. However the actual commitments to a municipality will depend on factors such as financial sustainability of the municipality, readiness of a pipeline of feasible subprojects, the capacity of the municipality to undertake projects effectively, etc. The TDF - a state-owned corporate body established in 1989 - will manage this component under its regular product lines and standard operations. The TDF has been assisting municipalities in project initiation, feasibility studies, engineering design, and project implementation; it also performs due diligence in project appraisal, disbursement and civil works. Eligibility depends on a municipality's classification (A/B/C) and the nature of target infrastructure (social or economic infrastructure). Grants are provided for vital services (e.g. health, education); soft loans are available for priority urban services (e.g. drinking water, SWM, drainage); and regular loans support commercial services (e.g. bus terminals, markets). The project will aim to use existing TDF systems, to the extent feasible. The potential type of sub project under this category includes upgrading of roads, construction of market centers, construction of water supply system, conservation of lakes and construction of foot trails linking these lakes (Lekhnath municipality) etc. The project is of medium scale and budget ranges from US$ $1-$3 million.
Component 2: Block grants to the selected municipalities. The block grants will top up existing fiscal transfers from the Ministry of Local Development (MLD) to municipalities and will help local authorities maintain minimum service delivery standards, provide adequate O&M support to existing assets, as well as address urgent urban management and service delivery issues. The block grants will be managed by the MLD and channeled through its existing system of intergovernmental fiscal transfers. Under this component, minor environmental conservation work, small environmental conservation projects, minor infrastructure development related to environment protection, environmental awareness, preparation of environmental and social data base of the municipality etc shall be done. This component includes small scale activities with small budget ceiling.
Component 3: Support for Institutional Development. The ID component will help the selected municipalities attain greater capabilities in areas such as participatory planning, budgeting and public financial management, service delivery and project management. A key element of ID support will be the formulation of comprehensive socia-economic development plans in the selected municipalities. At the center, this component will aim to strengthen intergovernmental systems that support efficient and accountable urban local governments. The ID component will also strengthen existing M&E systems that track the performance of municipalities. This component includes TNA, training to municipal staff to enhance their capacity, outsourcing for conducting EAs, technology transfer, establishment of required unit and recruitment of manpower.
Component 4: Project Management. This component will support project coordination and management activities, both at the center and in the selected municipalities. Specifically, this will finance consultants in procurement, financial management, safeguards, and other core areas.
7 CHAPTER III
Approach and Methodologies followed in Preparing EMF
The EMF deals with the environmental issues associated with the planning, construction, and operational stages of UGDP, sub project and its activities. This EMF has been developed to ensure due diligence, to avoid any environmental degradation issues. The purpose of this framework also includes assisting the implementing agency in screening all the sub projects for their likely environmental impacts, identifying suitable mitigation measures and implementation of these measures though an environmental management plan
3.1 Approach and Methodologies
The EMF was prepared through participatory approach mainly based on open ended discussions, formal and informal interaction with stakeholders that lead to an understanding of the existing system from the perspectives of all the stakeholders. The following are the list of techniques that was used.
• Desk study • Interaction with municipality staff and stakeholders (the list of interactions held in 6 selected municipalities and relevant stakeholders are included in Annex. The presentation materials of such interactions are also included in annex. • Interaction Meetings with, central stakeholders such as EAs (MLD, DUDBC, TDF), NGO, COBs, Civil Societies, Field visits and observation "on the ground" reality - subproject/activities identified as initial potential subprojects/ activities (two in each municipalities).
In order to prepare the EMF, primary and secondary source of information were reviewed and collected. The specific tools and methods used to meet the desired scope of work are highlighted below.
Scope # 1: Environmental assessment of overall program and preparation of preliminary baseline assessment of 6 participating municipalities.
In order to meet the above scope, the following strategies were adopted.
• Review of program details available at the time of assessment • Collection of secondary information (periodic plans of participating municipalities, situation analysis of pre feasibility study and its conformity with interaction with stakeholders • Collection of baseline/baseline information at larger stage by field visit to partnership municipalities.
Scope #2 Review of relevant plan, policies and legislations of GON and WB Activities:
In order to meet the above scope, the following strategies were adopted.
• Review of plan, policies, government directives and legislations related to environment in the context of Nepal. • Identification of environmental provisions that are applicable to the present project • Review of World Bank's environmental and safeguards policies and identify provisions/requirements that need to be met by this project. • Review of similar documents being used in similar type of programs such as Local Governance and Community Development Program, Secondary Town Integrated Urban Environmental Improvement Project, ESMF framework prepared for similar projects in municipalities of other countries.
Scope #3 Review of existing environmental management practices of participating municipalities
In order to meet the above scope, the methodologies adopted are as follows. • Review of current environmental requirements and practices followed by partiCipating municipalities of this program. 8 • Study of the effectiveness of environmental provisions applied to similar sub projecUactivities in Nepal • Discussion with municipalities about their existing environmental management practices existing environmental problems • Review and "on the ground" verification of environmental management practices and its effectiveness followed by six participating municipalities including review and record of good and bad environmental practices followed. • Environmental Practices in other projects - ADB funded, SEAM/N, GTZlUDLE etc.
Scope #4 Institutional and capacity assessment The following methodologies were adopted by the consultant to meet the scope #4 and its objectives.
• Review of institutional mechanisms for environmental management of institutional involved in proposed program and their environmental management practices namely: DUDBC, MLD, and TDF, 6 participating municipalities (Mechinagar municipality, Dhankuta municipality, Itahari municipality, Lekhnath municipality, Baglung municipality, and Tansen municipality). The assessment will be made to find out the institutional capacity in terms of existence of environmental management uniUcell, environmental staff & work load, existence of environmental management practices, resources (manpower, budget, and equipmenUfacilities), mandate, roles and responsibility of staff in environmental management, currently ongoing environmental programs and its effectiveness. • The system, process, procedures in complying environmental mandate, guideline, framework and its effectiveness, (tools if any, such as screening format, checklist etc). • Assessment of participating institutions in terms of their capacity with regard to their existing mandates, functions, human, and financial resources available for environmental management functions as well as assessment of their capacity considering incremental work loads from the proposed program.
Based on this the consultant has developed the necessary institutional and capacity building activities.
Scope #5 Stakeholder analysis, consultation and disclosures
The following methodologies were adopted to meet the scope #5 and its objectives.
• Plan for the stakeholder consultations at the national and municipal level (in all 6 participating municipalities inviting all the concerned stakeholders) with respect to the program and its environmental management. Based on the outcomes of the stakeholders analysis, policy review and capacity assessment, institutional mechanism for environmental management in the proposed program were developed. • Share in municipalities during the interaction about the likely environmental issues, environmental requirements of GON and WB • During the preparation of EMF series of consultations were held with (DUDBC, MLD, TDF, WB, participating municipalities) and their staff responsible for environmental management systems. • During the preparation of EMF, interactions were also held with NGOs, CBOs, and private sector for their views with regards to their opinion, their roles and responsibilities in the proposed program. Obtain feedback from the participants during the interactions obtain their feedback, listen and record their views and suggestions, be informed of practical constrains to implemenUenforcement of EMF • Assessment of stakeholders impressions on environmental issues, causes, and in exploring ways to address it
Based on the above outcomes, the EMF is prepared.
Scope #6 Preparation of Final EMF, integration EMF and SMF and preparation of consolidated SEMF, summarize EMF in POM, and summarize brochures in Nepali on environmental approach of the proposed program.
9 CHAPTER IV
Environmental Implications of UGDP
4.1 Brief Description of existing Environmental issues in Tarai and hill municipalities
The partner municipality of UGDP lies in both Terai and Hill physiographic region of Nepal. Among 6 selected for the implementation of UDGP, 2 municipalities namely Mechinagar and Itahari lies in Terai and other remaining municipalities namely Tansen, Baglung, Lekhnath and Dhankuta lies in hill. The existing environmental issues in hill and Terai municipality are different. Within the same physiographic region also, some environmental issues are particularly confined to certain municipality only. The issues of hill municipalities are associated with landslides, erosion, unplanned development, water scarcity and pressure on existing water sources problems ofsolid waste management, water and soil pollution, etc. The constructions of road in Dhankuta, and Baglung municipality have created landslide and erosion problems. The typical issue of Tansen municipality is the problem of acute shortages, and improper solid waste disposal. Similarly, in Lekhnath municipality, which is known as city of Lakes are polluted (Le. pollution of lakes by human activities and encroachment). The haphazard construction of building and structures in marshy areas, unplanned development in Lekhnath municipality are major environmental concerns.
There are several bad environmental practices been observed in Nepal's urban sector/urban infrastructure works which includes; haphazard construction of structures, non existent/improper sewage disposal, improper solid waste dumping, improper management of quarry sites and material borrow pits, pollution problems, improper construction material storage, poor occupational health and safety issues, encroachment of open spaces, lack of zoning (even in heritage sites) etc. The municipality wise environmental issues and bad environmental practices are discussed in table 3 of this EMF. In order to avoid such practices in UGDP programs, this EMF has prepared several steps and procedures for sound environmental management in UGDP supported sub project level activities meeting the stipulated environmental safeguard requirements of the Government of Nepal and the World Bank.
The UGDP partner municipalities lying in Terai region have different environmental issues. The Itahari and Mechinagar municipality have issues of air, water, noise pollution. The surface and underground water is also polluted due to effluent from household and commercial wastes. Both municipalities have problem of storm water drainage, reduction/encroachment in urban open spaces, issues related to the management of solid waste, health related problems caused by deteriorating environment,(Typhoid, Upper and lower respiratory tract infection, asthma etc).
10 4.2 Preliminary environmental situation of partner municipalities (with map):
Existin Environmental Issues Urban flooding, Haphazard development (non implementation of zoning), River bank cutting by rivers (Timai, Ninda, Mechi, Handiya, Kali Pali, Ghodajin) air, water and noise pollution, open space encroachment, solid waste disposal due to non operation of sanitary landfill site (sanitary landfill site is selected but the design and its construction is still awaited due to funding), increasing traffic density and road accidents, aesthetically unpleasant and unsafe situation ariSing from haphazard use of hoarding boards.
'''''''''''
Dhankuta Landslides, Land fragmentation, deforestation in some areas like in Rani Ban, and loss of productive capacity of soil, decrease in recharge capacity of aquifers and surface sources, squatters and urban slum,
11 Itahari Air and noise pollution (core city areas). water pollution (Tyangra. Budhi Khola). Urban flooding and surface runoff, encroachment of open spaces, Squatter settlement and slum, traffic management, management of waste water etc
Lekhnath Solid waste management, soil erosion and landslides due to opening of track for roads. encroachment of surface sources of water, decrease in water discharge, increase in pollution of lakes (due to human activities like uncontrolled recreation), noise and dust pollution.
River water pollution due to dumping of waste (liquid and solid) in Kaligandaki and Kati Khola, landslides due to track opening of roads, Vanishing spring water sources, reduction in surface water discharge (increase pressure demand ). unplanned market growth, storm water and waste water management
12 Tansen Pressure on existing drinking water sources and its contamination, Urban flooding, Due to paved surfaces infiltration and ground water recharge is reduced, water pollution due to improper disposal of sewerage, encroachment of open spaces, haphazard establishment of motorcycle workshop creating noise and other pollution (oil and grease runoff to water bodies), noise pollution in T ansen core areas, haphazard construction (lack of implementation of building by laws),
4.3 Specific environmental concerns of initial identified potential subprojects:
It is useful to assess the environmental implications of UGDP on specific sub projects under the each component. The environmental implication includes physical resources, biological resources, health and safety aspects of residents and workers. Descriptions of some of the major environmental implications are highlighted below.
4.3.1 Environmental Issues at sub project level
4.3.1.1 Municipalities in Eastern Development Region (ltahari, Mechinagar, and Dhankuta)
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1. Kakarvitta Integrated Project I. Construction of Hile Water 1. Construction of 10 KM ring (Beautification of Kakarvitta gate, Supply Scheme. road construction of Devkota Park, Development of mini market) 2. Upgrading of Triveni 2. Construction of Surface Yakchana Road (13 KM) Drainage in city areas 2. Development of Itta Bhatta Area (activity: Upgrading of Gokul Marg road: 8KMI
13 4.3.1.2 Municipalities in Western Development Region (Lekhnath, Baglung, and Tansen)
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1. Development of the existing 1. Construction of 10 KM ring palace to museum. 1. Linking of 7 lakes its road Improvement/renovation of 2. Construction of Surface historical and cultural places. conservation, and Drainage in city areas 2. Water supply augmentation and tourism development improvement
S.N Municipality Sub project Environmental Concerns Mechinagar L Kakarvitta Integrated Project 1. Traffic obstruction, air and noise municipality (Beautification of Kakarvitta pollution, occupational health and gate, construction of Devkota safety of staff, (During the construction Park, Development of mini stage, storage of construction market) materials, stoppage of road during construction are main issue).Good environmental practices during the construction should be followed.
2. Development of Itta Bhatta 2. Traffic obstruction, air and noise Area (activity: Upgrading of pollution, occupational health and Gokul Marg road: 8 KM) safety, impact on land use, landscape, natural drainage of the area, (Traffic obstruction during the construction is main issue), As per GoN lEE study is required which will address physical, biological, social issues and its mitigation measures. 2 Dhankuta 1. Construction of Hile Water i) Changes in land use pattern along the Municipality Supply Scheme alignment due to construction of different component structures. ii) Land instabilities, soil erosion, silt runoff, landslides and setting of street surfaces due to excavation works, and other construction related activities during construction phase of the project is the main environmental issue iii) Possible loss of agriculture land, cereal
14 crops and settlements due to laying of pipes, Reservoirs and construction activities iv) Disposal of solid waste, waste materials and construction spoils in the productive land (The project will have impact on physical, biological and socio economic environment for which will be addressed during EAs) 2. Upgrading of Triveni- Yakchana Road (13 KM) i) Air, and noise pollution during the construction and operation phases of the project ii) Land instabilities, soil erosion, silt runoff, landslides and setting of street surfaces due to excavation works, and other construction related activities during construction phase of the project. i Lack of proper drainage management, especially where there are cultivated land Un-managed stock piling ii Impact on foot trails iii Encroachment of the vegetation including forest. (Major issues of this sub project are land instability, erosion, loss of forest and vegetation). As per GoN regulation, lEE is required which details out the issues and mitigation measures of this project 3 Itahari Municipality 1. Construction of 10 KM ring i. Changes in land use, landscape, road ii. Land instabilities, soil erosion, silt runoff, landslides and setting of street surfaces due to excavation works, and other construction related activities during construction phase of the project.
iii. Air, and noise pollution
iv. Obstruction to public access, and utilities (road, trail), irrigation canal v. Occupational health and safety vi. Road accidents vii. (Major issues will be air, noise pollution. disposal of spoil, obstruction of traffic etc). During EAs of road detail issues are sorted out and mitigation measures are proposed
I 2. Construction of Surface i. Pollution of surface/river water, air and Drainage in city areas noise pollution, soil and water contamination, muck management, occupational health and safety,
(Major issues will be outlet and its disposal of drainage) 4 Lekhnath 1. Linking of 7 lakes its i. Changes in land use pattern, municipality conservation, and tourism topography development ii. Land instability, land slides, soil erosion, 15 , iii. Spoil generation and its disposal I iv. Obstruction to public access and facilities v. Water pollution of lakes during construction and operation phases vi. (Major issues will be pollution of lakes due to visitors) 5 Baglung 1. Full scale upgrading of 16 i. Land use and landscape changes municipality KM Ring road (widening, ii. Land instabilities, soil erosion, silt graveling, side drain, runoff, landslides and setting of street support structures etc) surfaces due to excavation works, and other construction related activities during construction phase of the project. iii. Obstruction to public access, and utilities (road, trail), irrigation canal iv. Occupational health and safety, v. road accidents, air and noise pollution during construction and operation phases, soil and water contamination, muck management, occupational health and safety
(Major issues will be erosion, landslides, and road accidents)
2. Surface drainage in core i. Obstruction to public access, and city area utilities (road, trail), irrigation canal ii. Occupational health and safety iii. Road accidents iv. Pollution of surface/river water, air and noise pollution, soil and water contamination, muck management, occupational health and safety 6 Tansen 1. Development of the existing i. Traffic obstruction Municipality palace to museum. ii. Air and noise pollution during Improvement/renovation of construction historical and cultural iii. Health and safety related issues of places. workers iv. Changes in land use pattern along the alignment due to construction of different component structures. 2. Water supply augmentation v. Land instabilities, soil erosion, silt and improvement runoff, landslides and setting of street surfaces due to excavation works, and other construction related activities during construction phase of the project
vi. Possible loss of agriculture land, cereal crops and settlements due to laying of pipes, Reservoirs and construction activities vii. Disposal of solid waste, waste materials and construction spoils in the productive land viii. Degradation of water quality, air quality & noise level due to project I construction activities
16 4.4 Environmental Requirements of Sub Project Level Activities of UGDP
The sub projects identified during the pre feasibility stages of the UGDP were visited during the preparation of EMF. The environmental requirements of those sub projects are assessed against the environmental assessment criteria highlighted in this EMF and the following conclusions are drawn. The sub projects under UGDP should follow GoN and WB requirements. During the preparation of this EMF, the consultant has attempted to screen the sub projects identified during the feasibility stages in UGDP recipient municipalities based on the EPAIEPR 1997 (table 1). This shouldn't be taken as the screening requirements of UGDP. For UGDP, the sub projects should undergo the screening requirements mentioned in this EMF.
Environmental Requirements of Sub Project Level Activities of UGDP
Table1: Component: Socioeconomic Infrastructure (TDF) i S.N Municipality Sub project activity Environmental Requirements as per EPAIEPR ofGoN ** 1 Mechinagar 1. Kakarvitta Integrated Project 1. Category III (Required to municipality (Beautification of Kakarvitta gate, follow environmental code construction of Devkota Park, of practice) Development of mini market)
2. Development of Itta Bhatta Area 2. lEE is required (activity: Upgrading of Gokul Marg road: 8 KM) I 2 Dhankuta 1. Construction of Hile Water Supply 1. Since its scope is to supply Municipality Scheme water supply to over 50000 population, EIA is required (subject to discussion for funding)
2. Upgrading of Triveni-Yakchana 2. lEE is required Road (13 KM) .3 Itahari Municipality 1. Construction of 10 KM ring road 1. lEE is required
2. Construction of Surface Drainage 2. Category III (Required to in city areas follow environmental code of practice) 4 Lekhnath 1. Linking of 7 lakes its conservation, 1. Required to follow code of municipality and tourism development practice, further requirement subject to detail inyestigation 5 Baglung 1. Full scale upgrading of 16 KM Ring 1. lEE is required municipality road (widening, graveling, side drain, support structures etc)
2. Surface drainage in core city area . 2. Category III (Required to . follow environmental code of practice 6 Tansen 1. Development of the existing palace 1. Category III (Required to MuniCipality to museum. follow environmental code of Improvement/renovation of practice historical and cultural places. 2. Only augmentation and 2. Water Supply augmentation and improvement falls under improvement category III for which environmental code of • practice should be followed. 17 All the other community development and infrastructure support activities carried out under the block grant support to municipalities shall follow the municipal grant operation guideline also commonly known as "blended guidelines".
U: Screening based on EPA/EPR requirements of GoN, not necessarily represent the EMF requirement of UGDP.
4.5 Key Environmental Interventions Desired
The key/priority environmental issues discussed in 4.1 are different for each municipality. So the interventions required to address the environmental issues are of different in nature. The long list of interventions required is elaborated below. The interventions required shall be discussed at MCC and prioritized accordingly to be implemented through component 2 and 3 of UGDP.
Table 2 Environmental Interventions Desired in UGDP Participating Municipalities i S.N Name of Municipality Environmental Interventions Desired I 1 Mechinagar • Preparation of environmental baseline situation of municipality and its address in periodic plan • Explore and expedite obtaining funds for the design and construction of landfill sites, • Strict enforcement of building by laws by the municipality • Strict enforcement in maintaining open spaces • Management of hoarding boards • Replication of successful plantation program near municipality to other parts of the town • Awareness raising program on various environmental conservation aspects should be promoted • Capacity building trainings (like process for conducting IEE/EIA, designing environmental awareness program etc) to section chief of environment sub section under public health section of municipality • Orientation training to environment sub section staff regarding the environmental screening, monitoring and reporting format on ESMF for each sub project level activity • Learn and implement the applicable/related contexts of success stories regarding good environmental practices from other municipalities/town in Nepal • Development of programs to address existing environmental issues of municipalities highlighted in table 4.1 of this report. 2 Dhankuta • Preparation of environmental baseline Situation of municipality and its address in periodic plan • Promotion of Integrated Pest Management (Since majority of Dhankuta municipalities are under agricultural land use category)Approach , its use in practice at municipal level • Strict implementation of building by laws by the municipality • Prepare list of success stories in best environmental practices like installation of bio gas plants in ( public toilet, police camp), operation of sanitary land fill site in conjunction of composting facility, etc • Environmental awareness programs should be accelerated to discourage the demand for construction of rural roads in a haphazard manner • Approach for control of deforestation in coordination with all line agencies • Programs for plantations in catchment areas to increase the recharge capacity • Implementation of environmental enhancement and mitigation measures highlighted in table 4.1 of this report. 18 3 Itahari • Preparation of environmental baseline situation of municipality and its address in periodic plan • Strict enforcement of national standards for air, water, and noise standards • Strict enforcement of building by laws • Development of environmental awareness campaign focusing the relevant stakeholders (like for school children, street vendors, industries, pro poor areas etc) • Pro poor interventions (like water supply, sanitation facilities) • Incorporation of urban development and environmental pOlicies, legislations, guidelines, directives in executing urban infrastructure development projects • Incorporation of environmental and social safeguard requirements of GON and other funding agencies are found weak; this needs to be properly addressed with strict implementation of ESMF for UGDP. • The capacity of municipality to address environmental issues in terms of manpower and knowledge is very weak, which should be addressed in UGDP. • The capacity of municipality in terms of providing urban environmental services like development of waste water treatment facilit ,sanita landfill sites is essential. 4 Lekhnath • Design and implement environmental conservation programs envisaged in "Environmental Development Plan" which is integral of periodic plan of municipality. • Integrated plans and programs for the conservation of 7 lakes of municipality • Strict enforcement of building by laws in municipality • The practice of opening track road to rural areas should be done with prior environmental and social assessment • The code of practice and its strict implementation is required for any kind of human activities near lake areas • Expedite in obtaining the requirements for the operation of landfill sites • Capacity development of municipality (knowledge and manpower) for ensuring environmental safeguards. • Implementation of environmental enhancement and. mitigation measures highlighted in table 4.1 of this report. • Adoption of environmentally friendly technology should be encouraged (examples: rain water harvesting, construction of reen roads, use of bio as lants, IPfIIl-,-,_e_tc-L)------l 5 8aglung • Preparation of environmental baseline situation of municipality and its address in periodic plan • Development of urban environmental services to address the existing pressure (design and operation of landfill site, water treatment facility) • Environmental awareness programs against use of plastics, deforestation, open dumping/burning, use of pesticide etc) • Strict implementation of building by laws • Adoption of best environmental practices like promotion of rainwater harvesting technologies, installation of biogas plants, development of micro hydro electricity, construction of green roads, etc) • Capacity development program of municipality to address environmental safeguard measures. • Use and learn from best environmental practices of other municipality (like ban on plastic, construction of public toilet with biogas plant, community plantations etc)
19 • Environmental enhancement and mitigation measures mentioned in table 4.1 6 Tansen • Preparation of environmental baseline situation of municipality and its address in periodic plan • Conservation and preservation of old temples and palaces • Timely consensus among stakeholders for designing environmental enhancement and muniCipal service delivery programs • Adoption of good environmental practices (examples: rainwater harvesting, means and ways of increasing recharge capacity of aquifers, promotion of green road concept in road construction, • Strict implementation of by laws, zoning of areas for workshops, markets, etc. • Adoption of good environmental practices learned from other municipality (plantation in catchment areas to increase the recharge capacity of water, segregation of solid waste and promotion of composting technology, rational use of water etc) • Provide urban environmental service delivery like (Operation of sanitary landfill site, sewerage treatment prior its disposal) • Enhancement of capacity of municipality to address environmental safeguards need. • Environmental enhancement and mitigations spelled out in table mentioned above. !
4.6 Current Environmental Management Practices in Municipalities
The current environment management practices in partiCipating municipalities of UGDP are highlighted below.
Table 3: the current environment management practices in sub project level activities in partiCipating municipalities of UGDP
S.N Name of Environmental Management Practices Followed Environmental municipality Approval Processes, Formats, Guidelines Followed 1 Mechinagar Institutional/Organizational and HR No such formats were • Establishment of environment sub section used. within the public health section • Designation of officer level-1 (with expertise EIA of landfill site was in food technology), and assistant level-1 to done through look after environmental sub section. outsourcing.
MuniciQa1itll SUQQorted Programs Municipality is in process of using the Bad Environmental Practices format of "blended • Some of the programs attempted by the guidelines" developed unit but didn't work out includes: ban on by MoLD. plastics, control on haphazard use of hoarding boards (not successful) for not being able to coordinate with other agencies, lack of monitoring and enforcement by municipalities, another reason is municipality is not able to create awareness about it.
I 20 Good Environmental Practices • This includes plantation in urban areas, plantation by community and through forest users group in outer part of the municipalities environmental awareness programs targeting different group of stakeholders, conducted EIA of landfill site but due to unavailability of funds through outsourcing, its design and construction is awaited. • External SU(2(2orted Programs PPPUE/UNDP: Introduction of vermin- compost technology, practice of composting by municipality is still ongoing, introduced low cost toilet, provided hand pump in water deficit areas, assisted the municipality in conducting feasibility studies in area of design of slaughter house (yet to operate), hoarding board management, construction of Pushpalal park with view tower, provided trainings in urban environmental management, provided some hardware support for the municipality. 2 Dhankuta Institutional/Organizational/and HR No such formats were • Under the social development section, there used. exists environment and sanitation sub section • The environment and sanitation sub section has officer level position to look after Municipality is in environmental aspects in municipality process of using the format of "blended Good Environmental Practices guidelines" developed • 1 house, 1 toilet campaign (total so far 300 by MoLD. constructed) • During the construction of new residential building, plantation of 2 plants in within the premises and waste water management arrangement is compulsory • Construction of slaughter house with biogas system. • Construction of sanitary landfill sites • Construction of composting plant • Installation of biogas plants in ward no 8 and 9 ward with compulsory toilet attached Held several awareness raising programs in municipality targeting different stakeholders
Bad Environmental Practices • Haphazard construction road has invited problems of erosion and landslides
• Externalill Su~~orted Programs • Strengthening Environmental Administration & Management (SEAM): Provided support
21 • Local Government Community Development Program (LGCDP): About to start at Dhankuta, the program will support the municipality in human resources. In this regard, the recruitment process for engineer was ongoing there 3 ltahari Institutional/Organizational/HR No such formats were Social Development Section is responsible to look used. after environmental affairs as well. 1-enviornmental focal person and support staff is assigned for this purpose. They are responsible for executing environment related programs. Municipality is in process of using the Good Environmental Practices format of "blended • Solid waste collection and its dumping guidelines" developed • Plantation in roadside and in public places by MoLD. • Construction of toilet in pro poor neighborhood • Mobilization of local organization in environmental conservation and awareness programs
Bad Environmental Practices • Haphazard solid waste disposal, irregular collection of waste, encroachment of open spaces, air and noise pollution, absence of storm water, waste water management, construction of slaughter houses but not brought under operation. non compliance with EPAIEPR which has to be followed prior the beginning of construction (like slaughter house, roads etc)
Externally Supported Environmental Programs • SEAMN has provided environmental management training. software support (equipments like multimedia) and in conducting studies like feasibility of slaughter etc 4 Lekhnath Institutional/OrganizationallHR Included Organizational set up is very weak. The social environmental development unit looks after environmental affairs. development plan 1 Non-Gazetted non technical person was assigned within the periodic to look after the unit. plan of municipality
Good Environmental Practices • Incorporation of environmental development plan in periodic plan of municipality • Protection of forest land of municipality
Bad Environmental Practices • Haphazard construction of buildings even in marshy areas • Human encroachment to natural lakes • Improper handling. management of solid wastes
Externalill Su~~orted Programs • Local Government Community 22 Development Program (LGCDP): • 1 Engineer was recruited by LGCDP to look after environmental and engineering affairs of municipality.
5 Baglung InstitutionaliOrganizationallHR • The environmental sub section is formed No environmental under the planning section. A sub engineer checklist, format in level staff is deputed to look after the practice environmental sub section. lEE of landfill site was Good Environmental Practices done through • Conducted awareness about good SWMRMC sanitation practices, • Plantation in barren land, watershed areas • Solid waste collection from households Purchased land for sanitary landfill site, awaiting fund for its design and construction.
! Bad Environmental Practices • Dumping of solid waste in Kaligandaki River Banks polluting the River • Improper management of water creating pressure on existing water sources • Lack of proper staffing in municipality to look after environmental affairs • Lack of external funding in environment conservation. 6 Tansen InstitutionallOrganizationallHR No environmental • There is no separate unit to look after checklist, format in environment; Social unit is responsible to practice look after environmental affairs. • The municipality has recruited a contract I EE of landfill site was staff for the long time and is giving conducted by continuation. outsourcing, • The municipality lacks basic resources to provide environmental services (solid waste management)
Good Environmental Practices • Collection of solid waste, waste segregation/minimization, distribution of bucket for solid waste, landfill site identified (waiting funding for design and construction). Municipality has done a remarkable job organizing community groups and some of these groups are already involved in waste management related activities, • Municipality has set up inter-agency coordination for seeking the professional support from such agencies.
23 avoiding infiltration and recharge of ground water • Due to reduction in recharge capacity, e is no more water in the traditional water sources/stone spouts are
4.7 Lessons Learned from Programs Supported by External Donors
The SEAM-N project was launched in Itahari, Dhankuta and Mechinagar municipality in the Eastern Development region. The project is working in collaboration with municipalities. The SEAMN project is viding support in hardware as well as software part of the project. It was found that the project has provided environmental management training to all the personnel involved in environmental management. The training was provided in 3 stages namely: at CEO level, officers' level and VDC secretary level. The SEAMN is also supporting the municipalities in carrying out the studies in areas of solid waste management, environmental awareness, establishment of environmental laboratory (at Itahari), establishment of regional waste treatment facility, etc. So far the SEAMN project is still continuing, so the programs are continuing. After the phasing out of SEAMN, the programs and activities should be run in a sustainable fashion. The activities like integrated solid waste management, environmental awareness (ban on plastics), and environmental management trainings are some of the success stories of the project which could be replicated in other municipalities as well. A UNDP funded Public-Private Partnership for Urban Environment (PPPUE) has carried out some environmental projects in Mechinagar and Dhankuta municipality. In Mechinagar, the work carried out by PPPUE Solid Waste Management and Compost Chamber project at Bhanu Tole, and water supply and sanitation program run through Kakar Bhitta water supply and sanitation committee is remarkable and which could be replicated in other municipality.
At Dhankuta municipality, PPPUE project was successful in managing the weekly market (Haat Bazar) and construction of Bihibare Haat Slaughter Shed construction in collaboration with Meat Vendor's association of Dhankuta.
The City Net funded school sanitation project (2010) is one of the success case studies in Tansen. Toilet construction and sanitation training for students are the main components of the project. The Environmental Tourism Project launched by ADB in Tansen has constructed 2.6 KM sewer line, old roads of Tansen were repaired and also maintained the existing bus terminal are some of the good examples of projects carried out by ADB in the past in Tansen municipality. This helped in promoting tourism in Tansen municipality.
UDLE has assisted Tansen municipality in urban planning, municipal organization and development administration, urban environment and protection. However, all these supports and capacity building aspects couldn't feel at present. The lesson learned is that development is an intrinsic process which can't be managed through development aid alone. The external support in municipalities contributes for a certain period but final accountability, sustainability and responsibility remains with municipality. Similarly, the rural-urban partnership program run with support from UNDP/UNCHS in Tansen was also not effective after its phase out.
In Lekhnath Municipality, the ADB funded small town water supply and sanitation project is one of the good example of improving the sanitation condition in the municipality. Before this project (i.e. before 2007), Lekhnath municipality has the worst water distribution system among the 58 municipalities of the country. The local community has spent Rs. 44 million for the project out of which Rs. 38 million has been lent by the Urban Development Fund. The consumers' effort is praiseworthy as without it the plan would not have been successful.
In September of 2010, Baglung municipality also signed an agreement with Second Small Town and Water Supply Project. The ambitious project intends to bring in 4 million liters of water daily in Baglung municipality within 3 years. For this project, ADB will contribute 50 percent grant, TDF 30 percent and the local consumers will contribute labor worth 15 percent and cash worth 5 percent to construct the project.
24 Local Governance and Community Development Program (LGCDP)
The UN Joint Program (UNJP) of support to LGCDP is bringing together UNDP, UNICEF, UNFPA, UNV and UNCDF contributions to the new program. The joint program will be an integral part of LGCDP being subject to the wider program management, work planning and implementation arrangements. Within the joint program UNDP, in association with the other UN agencies, will provide technical and capacity building support in the following three areas.
1. Empowering communities and community organizations to participate in local governance 2. Enabling local body capacity building 3. Enabling central government and national NGOs to support local government
The program is ready for implementation through MoLD. Through LGCDP program all the partner municipalities of UGDP is planning to recruit engineer (with background in environment preferable). This arrangement will compliment the UGDP activities in enhancing the capacity of municipality in the area of environment.
25 CHAPTER V
Relevant Policies of Government of Nepal
5.1 The Interim Constitution of Nepal, 2006:
It states under clause number 2 of article 19 regarding Rights of Property that except for public benefits state cannot seize property of individuals and cannot create any type of rights under such property. The State may acquire the property from its owner by providing due compensation to owner of property for land acquired, as prescribed by law.
It commits the government for the protection and development of Indigenous Peoples (IPs). For the welfare of IPs (AdivasilJanajatis), the government set up a national committee for development of nationalities in 1997.The parliament passed a bill in 2002 for the formation of national foundation for the development of indigenous nationalities. This foundation has been working for preservation of the languages, cultures and empowerment of marginalized ethnic nationalities. Similarly, the government of Nepal has set up National Dalit Commission and National Women Commission for the protection of their rights.
5.2 Policies of GON Relevant to Environment and Development
Nepal Environmental Policy and Action Plan (NEPAP): Nepal Environmental Policy and Action Plan were indorsed in 1993 to further institutionalize environmental protection in the development projects. It encompasses broader environmental policy perspectives that the development projects should follow in Nepal. It aims:
1. To manage natural and physical resources efficiently and sustainably; 2. To balance the development efforts and environmental conservation for sustainable fulfilment of basic needs; 3. To safeguard national heritage; 4. To mitigate adverse environmental impacts of development projects and human actions; and 5. To integrate environment and development through appropriate institutions, adequate legislation and economic incentives, and sufficient public resources.
Policies, actions, responsible organization and time frame proposed in NEPAP are in following areas;
1. Sustainable Management of Natural Resources: land management, soil fertility management, agricultural research and extension, status and management of forest and rangeland, forestry research and extension, water resource management, watershed protection, and management of key watersheds 2. Population, Health and Poverty: population growth and pressure on available resources, population policies and programmes, health and sanitation, drinking water supply, poverty alleviation, environment and population, off-farm employment 3. Safeguarding Natural Heritage: biodiversity conservation and its status, protected area management, cultural heritage and its status, preserving cultural heritage, tourism and environmental problems 4. Mitigating adverse environmental impacts: urban and industrial development, urbanization, urban th th land development, air and water pollution, Review of 6 _ 10 Plan of GON from Environmental Perspectives 5. The development plan emphasizes to the theme "conservation" during the implementation of its development programs. During this period, the environmental conservation strategy, master plan for forestry sector, formation of environmental ministry, internalization of EPA/EPR in projects, development of national pollution standards etc are some of the remarkable achievements during this period (details are included in annex)
Three-Year Interim Plan (2007-2010): Since new Plan has not endorsed by GoN while preparing this report, TYIP is still valid. The main objective of this plan is to realize changes in the life of people by reducing poverty and existing unemployment and establishing sustainable peace. In order to face the problems and challenges of environment sector, to maintain a healthy environment by making 26 environmental management effective, and to attain sustainable development through wise use of natural resources, the policies that will be adopted by this plan are:
• By emphasizing conservation of natural environment, rehabilitation and sustainable use, water, air and noise pollution reduction methods will be implemented. • By implemented the country's international commitments and conventions, treaties and agreements to which Nepal is a party, projects related to Clean Development Mechanisms will be promoted. • By strengthening environmental good governance, local bodies will be strengthened and implementation of environmental management works will be emphasized. • By creating clarity in the role and responsibility of various agencies involved in institutional development for environmental management, infrastructure related development works will be made environment-friendly. • Encouragement will be provided to carry out feasibility studies for alternative fuel development including bio-fuel. • Special priority and assistance will be provided for use of environment friendly fuel. • Rural people's lives will be improved through development of alternative energy system.
National Urban Policy, 2007 (2064 BS) :The National Urban Policy 2007 came with an objective to promote healthy, livable, safe, and economically vibrant urban environment though planned provision of infrastructure services, facilities and amenities which ensure improved quality of life of urban people. Other aspect of policy includes; • Importance to environment conservation while carrying out urban development works and natural resource utilization. • Promoting development of compact city/towns/settlements. • Preparation and implementation of "Disaster Management Plan" by Local government agencies to cope with the loss of lives and properties resulting from natural disasters.
The National Urban Policy is not effective in addressing the urban environmental issues. It is due to blurred roles and responsibilities among the implementing agencies. This has never become a top priority for local level organizations. Environmental conservation and protection were followed only when it is mandated by donors or public pressures. Incorporating such policy into implementation is still challenge at municipal level.
Local Self-Governance Act, 1998 and Local Self- Governance Rule, 1999: The Local Self governance Act has been enacted to provide greater political, administrative and financial autonomy to local bodies and facilitate community participation at the local level. In accordance with the Act, local bodies have been formed at three levels: Village of Development Committee (VDC) at village level, Municipality at town level, District Development Committee (DDC) at district level. The Act empowers these local bodies to formulate and implement periodical and annual plans within their own jurisdiction. There has not been election since 2001 due to political turmoil. So, there have been practices for forming local bodies through consensus among the local political parties. Local government has the authority for the conservation of local natural resources, conflict management and monitoring of project activities • The municipality has the authority to prepare development plans and establishes basic community infrastructures including public health. The municipality can regulate constructions according to the plans. • Municipality has the authority for the management of public convenience of transportation, parking system of vehicles, pollution control, waste management and eminence of public road plantation. • Municipality has the authority to protect areas for drinking water, flood controls and natural and cultural heritage sites.
Labor Act 2048 B.S. (1991) 1. Clause 4: Non Nepali citizens are not allowed to work without proper permit which is issued only if the manpower required is not available in Nepal. 2. Clause 5: Child Labour (defined as anyone less than 14 years of age engaged in labour) is prohibited. . 3. Clause 18: Thirty minutes is given for rest and/or refreshment for every five hours of work interval. 27 4. Clause 19: 1.5 times the normal wage must be given as payment for working over-time (i.e. more than 8 hours/day).
5.3 Environment Related Legislations of GON Applicable to UGDP
Environment Protection Act (1996) and Environment Protection Regulation (EPA and EPR), 1997
In the process of internalizing the environmental assessment system in development proposals, government of Nepal enacted the EPA 1996 and EPR 1997 which make the integration of lEE and EIA legally binding to the prescribed projects. EPR was amended in 1999. The EPR adopts the environmental assessment criteria mentioned in the National EIA Guidelines. However, the EPR establishes the administrative framework for assessing, exhibition and determination of the EIA, in terms of issues needing to be addressed and the format of EIA document. Major highlights of EPA1996 are as follows:
Section 3 It requires the proponent to carryout lEE and EIA as prescribed in schedule. Section 4 No one is supposed to implement the proposal without approval from the concerned agency (In case of lEE it is the concerned ministry, whereas in case of EIA it is the ministry of environment) Section 5 In order to implement any proposal, the proponent should submit the proposal along with its report on lEE or EIA to the concerned agency for approval. Section 6( 1) The relevant agency is empowered to grant approval for the lEE report, only if it finds that no significant adverse effects will be caused to environment by the implementation of the proposal. The government agency is required to forward the EIA report submitted along with proposal to it, with its opinion on the report to the Ministry of Environment. Section 6(2) While examining the lEE proposal, if it is found necessary to carry out EIA of such a proposal, the concerned agency can issue an order to carry out EtA. Section 6(3) Any member of the public is entitled to copy the EIA report through the Ministry on their own initiative and at their own expense for the purpose of providing their opinion or suggestions on it. Section 6(4) MoE is empowered to set up a committee to provide opinions on EIA received by it. Section 6(5) While granting approval to any proposal, MoE is required to take into account public comments received on the EIA report and the opinion of the committee, if any. The Ministry can only grant its approval if it does not seem to cause significant adverse impact on the environment. Section 6(6) If it appears from the lEE or EIA report that significant adverse impact could be mitigated or controlled, the concerned agency or Ministry may grant approval with prescription of necessary terms.
EPR, 1997(Amendment 1999)
Rule 3 The proponent is required to carryout lEE or EIA as per Schedule 1& 2 respectively. Rule4 Before preparing an EIA report, the proponent should publish a 15 -day's public notice to provide the stakeholders to offer their opinions and concerns in writing on the proposal. The proponent should prepare and submit the scoping report to the concerned agency and forward to MoE for approval and MoE should determine the scope of EtA study as submitted or amended. Rule 5 In case of lEE report, the proponent should prepare and submit the TOR and get approval from concerned agency while in case of EIA report, the proponent should prepare and submit the TOR to the concerned agency, which should forward it to MoE for necessary approval. Rule 6 In case, the approving agency of lEE report finds appropriate to carry out EIA, the proponent should fulfill all the formalities of the EIA process. Rule 7(1) The proponent should prepare lEE and EIA report in the format as indicated in schedule 5 of the EPR, 1997. Rule 7(2) In case of lEE report, the proponent should notice the concerned VDC, municipality, DOC, schools, Health posts, and hospital through a National level daily newspaper to offer their opinions and suggestions in writing within 15 days and prepare a date of public inquiry. The opinions and suggestions received should be included in the 28 report. However the proponent should conduct a public hearing in the project site to conduct the EIA. Rule 8(1) It is stipulated that after the proponent prepares the EIA report, proponent must send a copy thereof to the relevant VDC or municipality or DOC to enable them to offer their opinion and suggestion on it. Rule 8(2) It obliges the proponent to make the EIA report public for a period of 30 days for perusal or study by any interested individuals or institutions; they may offer their opinions and suggestions, if any, to the proponent within 30 days from the date when the report is made public. Rule 10 The proponent should submit 15 copies of the IEE/EIA report along with the recommendation of the concerned VDC or municipality to the concerned agency for approval. Rule 11 The concerned agency, after investigation should approve the lEE report within 21 days from the date of its receipt, and forward the ten copies of the EIA report with its suggestion to MoE within 21 days from the date of receipt. Upon the receipt of the EIA report, MoE should issue a 30 days public notice in the daily newspaper to offer written comments of the stakeholders. MoE may also seek the suggestions from the committee, if formed for this purpose, and should approve the EIA report within 60 days from the date of receipt or within 90 days in case of special reason. Rule 12 The Proponent should implement EIA and other conditions given during the approval process. Rule 13 The concerned agency (ministry) is made responsible for environmental monitoring and evaluation activities, and issue necessary directives to the proponent to implement environmental protection measures. Rule 14 MoE is responsible to prepare the environmental auditing report after two years of the commencement of the service by the proposal. Rule 45-47 Anyone wishing to receive compensation may file the application to the Chief District Officer (COO) and should forward the file to the concerned agency in case the evaluation of effectslloss. Once the loss is evaluated, the COO should determine the amount of compensation within 60 days of receipt of application. The proponent should pay the compensation amount within 30 days of decision. In case the proponent (individual, institution or proponent) fails to pay within time limit, the victim may submit an application, and the COO shall auction the property of the proponent and pay the amount of compensation as determined.
The EPAIEPR provision is one of the key legal documents to be followed by the municipalities. The environmental requirements that triggers in any municipal activities shall be referred taking references elaborated in EPAIEPR. Majority of municipalities are not found following with EPA/EPR requirements of GoN. Such practices should be discouraged. All the activities and projects carried out by municipality should abide with rules and regulations of GoN and also the funding agencies.
National Environmental Impact Assessment Guidelines, 1993 : To address environmental impact assessment as envisaged by National Conservation Strategy (NCS) 1987, National Environmental Impact Assessment (EIA) Guidelines were endorsed by Government of Nepal on 27 September 1992 and gazetted on 19 July in 1993, Volume 43, Number 5. The guideline provides criteria for project screening and initial environmental examination (lEE). This includes scoping, preparation of terms of reference for EIA. methods of EIA report. impact identification and prediction, impact mitigation measures, review of the draft EIA report, impact monitoring, evaluation of impact studies, impact auditing, community participation and schedules and annexes to lEE and EIA.
Many of the guideline provisions are now included in the Environment Protection Act, 1997, and Environmental Protection Regulation, 1997. EIA in Nepal has now become legally mandatory. However, as the National Environmental Guidelines, 1993 have not been issued under the Environmental Protection Act (1997); they do not have any legal force. It is a policy guideline issued by the Government that is still followed in the matters which are not covered by the Environment Protection Act (1997) and Environment Protection Regulations (1997).
29 National Building Code of Nepal, 1993: There are 23 different title wise coverage on building codes, which form a single national building code of Nepal, 1993. National Building Code was prepared in 1993 by then Ministry of Housing and Physical Planning, conscious of the growing needs of Nepal's urban shelter sectors.
The 1988 earthquakes in Nepal, and the resulting deaths and damages to both housing and schools, again drew attention to the need for changes and improvement in current building construction design and methods. The publication represents a standard of good practice and therefore takes the form of recommendations.
Urban Environment Management Directives - 2065: The Urban Environment Management Directives- 2065 aims to guide to improve the deteriorating urban environment. It highlights the importance of carrying out Initial Environmental Examination (lEE) and Environmental Impact Assessment (EIA) to implement any large scale construction activities. It also aims to conserve the natural and man-made environment and reduce environment pollution through regulatory control measures. It presents different measures for the management of garbage and harmful wastes, air and noise pollution, drinking water and water pollution, open space and greenery, and urban heritage conservation and urbanization. It's not found fully implemented and followed. Since this has been already approved by the GoN, the clauses and parameters mentioned in this document shall be followed by organizations.
Urban Environmental Management Guidelines, 2010 (2067): (This is new one, yet to approve by cabinet, so not yet brought in practice). The urban environmental Management Guidelines, 2010 was drafted by DUDBC and is endorsed by the ministry of environment. This is in process of getting the final approval from the cabinetlGON. This guideline addresses the environmental issues to be addressed while implementing urban development activities. The guideline has set the environmental management principles and practices with regards to solid waste management (including hazardous waste), air pollution control and energy efficiency, water supply and water quality, water pollution control, management of open spaces and urban greenery, environmentally friendly building design and energy efficiency. The guideline also spelled out the institutional mechanism for its implementation through steering committee comprising of members from GoN line agencies, representative from municipal association of Nepal, federation of village development committee, federation of district development committee. The guidelines also insist tRe strict enforcement of national standards.
Municipality Grant Operation Guidelines, 2010 (2067): This guideline also commonly known as blended guideline is enacted to $treamline all the support that municipality is receiving from different agencies. This guideline will serve as s single document to be followed while implementing programs at municipality. The committee will be formulated within the municipality for preparing integrated planning document of municipality. The roles and responsibility of committee is also mentioned in the guideline. The guideline has also identified the nature and type of projects to be supported within the municipality along with its rational. This includes environmental and social development related programs. The program includes solid waste and drainage, open space and greenery management, construction of parks, conservation of lakes, construction of slaughter houses, conservation of watershed areas, greenery, conservation of cultural and heritage sites etc. The project implementation management, supervision and monitoring mechanisms are also mentioned in the guideline. The guideline has following integral chapters (type and support and its disbursement, fund disbursement mechanism, project planning and selection of projects (as per EPAlEPR), program/project operation and management, monitoring and evaluation, financial management, accountability and transparency, miscellaneous). Any projects above 50 Lakh rupees cost should undergo feasibility study prior its approval from municipal council. The feasibility study should include the environmental and social impact assessment. If any environmental and social requirements trigger, that has to be complied by the municipality. As per this guideline, prior initiation of any project by the municipality, irrespective of whether it trigger EPAIEPR, a generic EA is required and EMP should be prepared
Water Resources Act 1992: The Water Resource Act, 1992 is a comprehensive legislation on water resources which deals with the development, utilization and conservation of the water resources in the country. The Act strives to minimize environmental damage to water bodies through environmental impact assessment studies and the proponents who wish to use water resources for various purposes should prepare EIA report before a license can be granted. This act grants the right to use water by individuals, organizations and private sector. No person shall be entitled to utilize the water resources 30 without obtaining a license under this act. The licensee has to pay prescribed charge for utilizing the water resources. Drinking water and domestic uses; irrigation and agriculture like animal husbandry and fisheries have top priority for utilization of water resources in a priority basis.
Water Resources Regulations 1993: It is mandatory under rule 17(e) of the regulation that any person or corporate body, who desires to obtain a license for utilization of water resources must state in his application that appropriate measures will be taken to lessen the adverse effect due to the project on overall environment. Measures are to be taken for the conservation of aquatic life and water environment, and for mitigating social and economic effects of the project in the concerned area.
Rule 19 stipulates that the water resources committee shall publish a notice giving detail information about the project to the people. The act also emphasizes that the local labour should be utilized and local people should get benefits after the completion of the project. The mitigation plan should give details of people to be evacuated and a necessary plan for their rehabilitation
Ancient Monument and Protection Act, 1956: This Act deals with protection of ancient monuments and objects of archeological. historical and artistic importance. It restricts trade of archeological objects, and excavation in places where ancient monument are located. As per the Act, GoN may make necessary arrangements to the prevention from misuse or any kind of ill treatment of places of archaeological importance or pilgrimage or temples which are under the supervision of GoN under this act.
Guthi Corporation Act, 1976: Land acquisition must also comply with the provisions of the Guthi Corporation Act, 2033 (1976). Section 42 of this Act states that Guthi (religious trust land) acquired for a development must be replaced with other land, rather than compensated in cash.
Aquatic Animals Protection Act, 1961: The Aquatic Animal Protection Act (AAPA) provides some legislative protection of the habitats of aquatic species. Section 3 of the AAPA renders punishable any party introducing poisonous, noxious or explosive materials into a water source, or destroying any dam, bridge or water system with the intent of capturing or killing aquatic life. However, no agency has been designated the responsibility for administering and enforcing the AAPA.
Land Acquisition Act, 2034 (1977): The Land Acquisition Act (LAA), 2034 (1977), first promulgated in 1961 (Land Acquisition Act, 2018) is the core legal document to guide tasks related to land acquisition and resettlement activities in Nepal. There is provision in Clause 3 of the Act to acquire land for any public purpose, subject to the award of compensation. According to Clause 4, institutions seeking land acquisition may also request GON to acquire the land under the regularity provisions subject to be compensated by such institutions' resources. Clause 27 of the Act provides provisions for land acquisition through the mutual agreement with the plot owners, where the process of land acquisition as per Act is not required. The Act grants the plot owner the right to choose between a mutual agreement process, or the formal process for land acquisition as per the Act. Where Clause 27 is enacted, and the plot owner not satisfied with the compensation agreement offered. Clause 18 (sub clause 2) states that the owner can file a complaint with the Ministry of Home.
While acquiring land, GoN forms a Land Acquisition and Compensation Fixation Committee (LACFC) under the chairmanship of Chief District Officer (COO) of the restrictive districts as per the Clause 13 of the Act. The other members to be included in the Committee comprise of the Chief of Land Revenue Office (LRO), an Officer assigned by COO, representative from District Development Committee (DOC), Concerned Project Manager, and VDC representative. The Project Chief functions as the Member Secretary of the Committee. In addition, it has become the practice to include representatives from the Affected Persons (APs). This practice of fixing compensation is known as Community Consensus Valuation (CCV). LACFC determines the amount of compensation considering the following factors: current price of land value, value of standing crop, houses, walls, sheds or other structures, loss incurred as a result of shifting residence or place of business, and consider relevant acts and periodic guidelines of GoN. According to Clause 6, if the land has to be acquired for institutions other than the local governance bodies and institutions fully owned by the government, the Committee has to consider the following in fixing the compensation amount: (i) Price of land prevailing at the time of notification of land acquisition; (ii) Price of standing crops and structures; and (iii) Loss incurred by the
31 AP by being compelled to shift his or her residence or place of business in consequence of the acquisition of land.
The Clause 9 sub-section 3 of the Act mentions that the duration of compensation days will be determined by LACFC. Clause 37 of the Act illustrates that the Committee may extend the period of additional three months, if compensation are not collected by those affected. After termination of extended three months period the amount will be deposited to the Government account.
The compensation to be provided for land acquisition should generally be in cash as per current market value. However, there is also a provision under Clause 14 to compensate land for-land provided government land is available in the area. The Act also envisages the possibility of two separate rates of compensation, distinguishing between families who lose all their land and those who lose only some part of their landholdings. As stipulated in the Clause 10 there is provision for the affected households to take the crops, trees and plants from land and salvageable from the structures. Clause 39 indicates options to allow the affected households to take all salvageable assets without deduction of any costs from the affected households. Legal tenants of the land are entitled for 25% of compensation amount of the acquired land. If the tenant has built house also with the consent of the landowner, then he shall be entitled for full compensation of such house (Clause 20). Unpaid government taxes, if any, could be deducted from the compensation amount (Clause 21)
Any grievances and objections will be referred to the Grievances Redress Committee (GRC) as per Clause 11 of the Land Acquisition Act, 2034 (1977). The Act assigns the CDO as the sole responsibility to chair land acquisition activities and to address the grievances related to the Resettlement Plan (RP) implementation activities.
Public Procurement Act, 2063: Since UGDP requires procurement of goods and services for its implementation, this Act is relevant here. This Act ensures good governance by enhancing the managerial capacity of procurement of public entities in procuring, or causing to be procured, construction work and procuring goods, consultancy services and other services by such entities and by ensuring the equal opportunity for producers, sellers, suppliers, construction entrepreneurs or service providers to participate in public procurement processes without any discrimination.
Health care waste guidelines, 2002: These are gradually following by health care institutions in Nepal. These guidelines provide a minimum standard for safe and efficient waste management for Health Care Institutions in Nepal. The sections of these guidelines are arranged to represent the flow of key strategies of waste management in Health Care Institutions. All Health Care Institutions must be committed to waste management from generation to final disposal. The establishment of a waste management committee and the development of waste management plan will implement waste management. These guidelines continue with the concepts of waste segregation into several streams viz. labeling and containment, handling, storage and transport, treatment/disposal, occupational health and safety, training, and implementation aspects.
Industrial Enterprise Act 1992: This Act states that for the overall economic development of the country, it is expedient to make arrangements for fostering industrial enterprises in a competitive manner through the increment in the productivity by making the environment of industrial investment more congenial, straightforward and encouraging. The EPA/EPR provision clearly mentioned about the IEE/EIA requirements prior the establishment of industries. The Schedule 1 (B) clearly mentions the type of industries which shall undergo lEE requirements, and Schedule-2 (rule 3) mentions about EIA requirements prior its establishment.
Right to Information Act, 2064 (2007): The aim of this act is to make the functions of the state open and transparent in accordance with the democratic system and to make responsible and accountable to the citizen. It intends to make the access of citizens simple and easy to the information of public importance held in public bodies and to protect sensitive information that could make adverse impact on the interest of the nation and citizen.
The clause 3 of the act ensures Right to Information. It says that every citizen shall, subject to this Act have the right to information and they shall have access to the information held in the public Bodies unless confidentiality has been maintained by laws.
32 The clause 4 of the act describes the Responsibility of a Public Body to disseminate information. It mentions that each Public Body has to respect and protect the right to information of citizen. Public Body shall have following responsibilities for the purpose of protecting right to information of citizen: 1. to classify and update information and make them public, publish and broadcast, 2. to make the citizens' access to information simple and easy, 3. to conduct its functions openly and transparently, 4. to provide appropriate training and orientation to its staffs,
Public Body may use different national languages and mass media while publishing, broadcasting or making information public. A Public Body shall arrange for an Information Officer for the purpose of disseminating information held in its office.
The clause 7 of the act prescribes the Procedures of Acquiring Information. It states that a Nepali Citizen, who is interested to. obtain any information under this Act, shall submit an application before concerned Information Officer by stating reason to receive such information.
Good Governance (Management and Operation) Act, 2064 (2008) : This act intends to make legal provision in relation to good governance by making public administration of the country pro-people, accountable, transparent, inclusive and participatory. The clause 25 (1) mentions that every governmental office (public office) responsible for delivering public service or involved in public relation shall maintain Citizen's Charter in prescribed form and locate it in the visible place of the office. The clause 28 (1) spells out that the Government of Nepal may arrange for the provision of operating any project or program with direct participation and ownership of the people.
The clause 30 of the act has a provision of public hearing. The Chief office-holder at regional, zonal, district and local level involved in delivery of service, shall conduct Public Hearing as prescribed, with the purpose of making the activities of the office fair, transparent, and objective and addressing the lawful concerns of general people and stakeholders. The act also mentions that subject matter expert, stakeholders, and representatives of civil society and officials of the local bodies shall be the partiCipants of the public hearing.
The clause 31 of the act speaks about Grievance Management. It states that a complaint box shall be maintained at the visible place of every ministry, department, and government agency and office for the management of grievance relating to quality, effectiveness of the work carried out by such ministry, department and agency or office and possible irregularities in them. Every citizen may submit complaint in the complaint box managed by a government agency or office. In order to address the complaint submitted, the responsible officer of the concerned government agency or office shall open complaint box in the presence of other officials in every Three days and if the grievances and suggestions are found to be reasonable, necessary step shall be taken for the proper management thereof. In the case of complaint received is irrelevant to the concerned government agency or office, however relating to the individual conduct of chief of such government agency or office, the detail of such grievances shall be submitted to higher authority thereof. The information of action taken shall be published in the notice board of concerned office.
The Public Purpose Deception
In Nepal, there is no such planning or requirements stipulated by the municipality for allocating the open spaces within the municipality. On the global scene it has been generally noticed that spaces devoted for urban recreation purposes range fro m 2 acres per 1000 population to 10 acre. On the top of that 10% of the gross city area is reserved in the land use to meet the future needs. Quite often it is analyzed that the components of open spaces including wet lands should be within the range of 20-25 percent of urban area to make living condition comfortable and conducive.
5.4 Related Guidelines of GON
Public Work Directives, 2002: The directives allows contractor to choose any quarry site for construction material provided that the material conforms to the speCifications. Project manager should examine the operation condition, legal status, quality and potential yield of these sites. The contractor should obtain license from coordination with Department of Mines and Geology, DOC, DFO, Municipality and VDC. The directive also mentions that quarry site in environmentally sensitive area 33 cannot be accepted. The construction works must meet the national pollution standards and provide adequate health and safety to its staff, construction wastes should be properly stored and adequate sanitation facility should be provided to labor camps. The PWD combine financial administration regulations (FAR) and other rules and regulations on technical, social, and environmental matters to provide a single source of procedures and reference documents for implementing public construction works. Their guidance applies to the procurement of works under large, medium and small contracts. As concerns decent work, several sections within the PWD mention application of labour laws. The PWD specifically mentions that in all cases, existing laws prevail over the directives and, as noted in more detail in this paper, some of these documents contain obligations for contractors. Since the arrangement of laws and regulations underpinning procurement by GON's agencies in implementing central- and district-level projects are different from those binding on district councils, village councils and municipalities, these local bodies are not bound by the PWD. However, since the PWD incorporates procedures and procurement documents for implementing small projects, local bodies may benefit from them and have been encouraged to adopt them.
National Environmental Standards of GON: GoN has set different national environmental standards air quality, industrial effluent quality, vehicle mass emission standards, national drinking water quality. All such national standards are included in annex of this EMF.
Summary of environmental mandates, roles, and responsibilities of the UGDP agencies (municipalities, MoLD/Environment Section, DUDBC/MoPPW, TDF, and NGOs/CBOs)
S.N Name of Agency I nvolved in UGDP Mandate, Roles and Responsibilities Remarks 1 MoPPW DUDBC is under MoPPW. The implementation of plan, policies, and directives related to urban environmental development falls under the jurisdiction of this ministry. The lEE approval of physical infrastructure related sub projects . are related with MoPPW. The
! MoPPW ensures the UGDP compliance in all urban sector policies, directives and legislations. There will be representation of DUDBC at PCO. The DUDBC will assist UGDP in all the institutional/capacity building aspects mentioned in this document in collaboration and cooperation with agencies involved in UGDP. 2 MoLD MoLD ensures that all the block grant support program follows the blended guideline document. The environment unit of MoLD is responsible for providing regular supervision of programs supported under block grant support. The environment section is responsible for review and approval of lEE reports which falls within their jurisdiction. The municipalities are directly responsible to report to MoLD for all the administrative, financial and technical matters of the project. MoLD will ensure that SEMF is properly implemented at sub project level activities in municipalities. There will be
I representation of MoLD at PCO. I 34 3 Municipalities LSGA gives authority for municipalities in implementing programs at municipal level. The municipality is responsible for implementation of ESMF in into sub project level activities. Municipalities. will have prime responsibilities for· • planning, coordination and funding of sub projects. The PMT of municipality is responsible for i environmental screening, impact prediction, EAs. PMT will coordinate with MCC prior and during the implementation of the sub project level activities. 4 TDF Ensures compliance of ESMF, verify implementation of environmental requirements and confirm whether environmental assessment and clearance is made prior DPR. Assist municipalities in recruitment of .-=:--:-=:=-:=-___ ~_____+:--::e:::,nvironmental consultants/experts. .5 NGOs/CBOs I The role of NGOs/CBOs is to . facilitate municipalities in sub project • level activities, participate in various activities, consultations, and help in building community consensus. The NGOI CBO also play an advisory and the role of watch do in UGDP.
5.5 International Conventions, Agreements related to UGDP
UNESCO Convention Concerning the Protection of World Culture and Natural Heritage, 1972: The United Nations Educational, Scientific and Cultural Organization (UNESCO) seeks to encourage the identification, protection and preservation of cultural and natural heritage around the world considered to be of outstanding value to humanity. This is embodied in an international treaty called the adopted by UNESCO in 1972.
UNESCO's World Heritage mission is to: • encourage countries to sign the World Heritage Convention and to ensure the protection of their natural and cultural heritage; • encourage States Parties to the Convention to nominate sites within their national territory for inclusion on the World Heritage List; • encourage States Parties to establish management plans and set up reporting systems on the state of conservation of their World Heritage sites; • help States Parties safeguard World Heritage properties by providing technical assistance and professional training; • provide emergency assistance for World Heritage sites in immediate danger; • support States Parties' public awareness-building activities for World Heritage conservation; • encourage partiCipation of the local population in the preservation of their cultural and natural heritage; • Encourage international cooperation in the conservation of our world's cultural and natural heritage.
Ramsar Convention (1971) : The Convention on Wetlands (Ramsar, Iran, 1971) -- called the "Ramsar Convention" - is an intergovernmental treaty that embodies the commitments of its member countries to maintain the ecological character of their Wetlands of International Importance and to plan for the "wise use", or sustainable use, of all of the wetlands in their territories. Unlike the other global environmental conventions, Ramsar is not affiliated with the United Nations system of Multilateral
35 Environmental Agreements, but it works very closely with the other MEAs and is a full partner among the "biodiversity-related cluster" of treaties and agreements.
World Bank Environmental Safeguard Policies: With respect to Environmental Strategies the World Bank pursues three interrelated objectives:
1) Improving the quality of life 2) Improving the prospects for and the quality of growth 3) Protecting the quality of the regional and global environmental commons.
Concerning Safeguard Policies, the operations of World Bank are guided by a comprehensive set of policies and procedures, taking into account the Bank's core development objectives and goals, the instrument for pursuing them, and specific requirements for Bank financed operations. The core of this guidance lies in the Operational Policies OPs) which are short, focused statements that follow from the Bank's Articles of Agreement, its general conditions and from policies specifically approved by the Board. Within the overall set of Operational Policies, Bank has identified ten key policies that are critical to ensuring that potentially adverse environmental and social consequences are identified, minimized and mitigated. These ten policies are known as the "Environmental and Social Safeguard Policies" and receive particular attention durillg the Project preparation and approval process. These operational Policies are short and focused statements that follow the Bank's Article of Agreement, the general condition and policies approved by the Board. Safeguard policies are mechanisms for integration of environmental and social issues into decision making. It supports participatory approaches and transparency. They provide a set of specialized tools to support development processes as follows:
Environmental Assessment EA (OP 4.01): The objectives of EAs are to i) ensure that the projects proposed for Bank financing are environmentally and socially sound and sustainable; ii) inform decision makers of the nature of environmental and social risks; and iii) increase transparency and participation of decision makers in the decision-making process. To satisfy the Bank's Environmental Assessment requirements, there are various instruments suggested includill9 EIA, Environmental Audit, Environmental Management Plan etc. any World Bank Project, which is likely to have potential adverse environmental risks and impacts in its area of influence, requires an Environmental Analysis, indicating the potential risks, mitigation measures and environmental management framework or plan.
For ascertaining which extent and type of environmental assessment is required, the Bank undertakes environmental screening of each proposed project. The Bank classifies the Project into one of the four categories depending upon the type project or specific components have inherent environmental risks), location proximity to environmentally, socially and culturally important areas), sensitivity potential impacts may be irreversible or environment sensitive to changes, and scale extent of environmental and social issues) of the project and the nature and magnitude of its potential environmental impacts:
• Category A: if it is likely to have significant adverse environmental impacts that are sensitive, diverse or unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical work. This is where EIA is level study is needed. • Category B: if potential adverse impacts are less adverse than those of Category A projects; these impacts are sit specific; few in any of them are irreversible; and in most cases mitigation measures are readily designed. An lEE level study is needed here. • Category C: if it is likely to cause minimal or no adverse environmental impacts. Here, no additional environmental assessment is needed beyond environmental screening. • Category F: if it involves investment of Bank funds through a financial intermediary, in sub projects that may result in adverse environmental impact. It requires appropriate environ-mental review for each sub-project.
Based on the size and nature of the subproject, the magnitude of the environmental impacts varies and accordingly the above category triggers. This differs at sub project level and shall be dealt accordingly.
Forestry (OP/BP 4.36): This is triggered because there are small patches of forests in and around some of the participating municipalities.
36 Natural Habitats (OP 4.04):
NH OP/BP 4.04 is triggered because it is possible that though uncertain, some activities in Lekhnath municipality may be implemented close to the lakes
Physical Cultural Resources (OP 4.11): This is triggered because there are cultural sites of local significance in each of the participating municipalities.
WB/IFC's Environment, Health and Safety Requirements: UGDP sub project will adhere with IFCs EHS guidelines.
37 CHAPTER VI
UGDP Implementing Institutions and Its Institutional Assessment
This section examines the institutional capacity of the MoLD particularly the Municipal Management Division, DUDBC especially the Urban Development Division, TDF and six participating municipalities-with a view of assessing their abilities to manage environmental issues likely arise while implementing UGDP: NETP to support municipalities-and identify areas and actions for improving their capacities and performance, both in the short and long term. It primarily focuses on the existing institutional mechanism in each of the involved institution for environmental management, existence of units/ focal points; human and financial resources, functions and effectiveness of their roles and responsibilities, improvement in work cultures and decision makings.
6.1 Implementing Institutions
Ministry of Physical Planning and Works and Ministry of Local Development {MoLD are the executing institutions of the program. Department of Urban Development and Building Construction (DUDBC) under the Ministry of Physical Planning and Works, Municipal Management Division of the Ministry of Local Development (MoLD), Town Development Fund (TDF), and six participating secondary municipalities, namely Mechinagar Municipality, Dhankuta Municipality, Itahari Municipality, Lekhanath Municipality, Baglung Municipality, and Tasnsen Municipality are directly involved to implement the various activities under UGDP at different levels and in different ways during implementation of the proposed program. Besides, other government and non-government agencies, civil societies/NGas, service providers may be involved in environmental management activities in different capacities depending on the scope and sub -project activities.
6.2 Institutional Arrangement of UGDP: NETP
6.2.1 Central Level Arrangement
Program Steering Committee
At the highest level, a Program Steering Committee (SC) chaired by Secretary, MPPW and co-chaired by Secretary, MoLD will ensure overall program coordination, provide policy level guidance, and monitor progress on a regular basis. The Steering Committee will comprise of Joint Secretary, MPPW; Joint Secretary MoLD; Joint Secretary, FACD, MoF; Joint Secretary (Infrastructure), NPC; Joint Secretary (Local Governance), NPC; Director General, DUDBC, Executive Director, TDF; Project Director; 2 representatives from the partiCipating municipalities (on a rotational basis); representatives from Municipal Association of Nepal (MuAN) and Federation of Nepalese Chamber of Commerce and Industries (FNCCI); and an renowned urban/municipal expert from the civil society. Representatives from World Bank have an observatory status.
Program Coordination Office (PCO)
The pca will serve as the secretariat of the project steering committee. It will comprise of a program coordinator, who will also serve as the secretary of the steering committee, as well as three Component Managers, representing partiCipating national institutions (MoLD, DUBCC, and TDF) and in charge of their respective components. The pca will playa coordinating and facilitating role to all three components. The pca will receive annual work programs from the three agencies; review them for overall conformity with program objectives; prepare a consolidated work program for review by SC and present this to NPC, the MoF and other ministries/agencies for approval (as needed), facilitate implementation by the respective agencies; facilitate timely release of funds to the respective agencies by the government; coordinate implementation across individual components; provide assistance to remove bottlenecks to implementation at the national level; forward consolidated report to SC, various ministries/agencies, the IDA and the GTZ, and ensure timely processing of fund request to donor agencies. The pca will be supported by a small set of core staff financed partly by the project.
38 Town Development Fund (TDF)
The TDF will manage the socio-economic infrastructure development component, which will support expansion and/or rehabilitation of essential infrastructure/services for which the municipalities are responsible. The selection of investment priorities will be undertaken by each municipality based on a comprehensive socio economic development plan (periodic plan, where relevant) that is prepared in consultation with various local stakeholder groups, including the all party mechanism. The TDF will manage the fund; appraise the investments selected by municipalities for their technical and financial feasibility, and assess the ability of municipality to meet its financial obligations associated with the investment. It will also implement institutional development activities associated with its own institutional strengthening. Despite having several projects and its associated activities TDF doesn't have in house expertise in environment sector. 1 environment engineer recruited in a temporary basis is also in long term leave. The TDF is required to strengthen its capabilities immediately prior the implementation of UDGP.
Department of Urban Development and Building Construction (DUDBC)
The DUDBC will implement institutional development activities for the municipalities and the department itself. A key element of this will be Municipal Support Team (MST) - a mobile team of experts that will provide on-demand and in-time backstopping support and on-the-job training to municipalities. MST will have environmental specialist to support municipalities. The environmental capability of DUDBC in donor funded project is inadequate. DUDBC doesn't have in-house expertise to look after environmental affairs. In most of the donor funded projects, the environmental manpower is allocated in consulting packages. Even by accomplishing several donor supported programs by DUDBC, the knowledge, skill transfer and environmental capacity building of personnel within DUDBC doesn't exist.
Ministry of Local Development (MoLD)
The MoLD will implement the service delivery component, which will top up existing block grants from the MoLD to municipalities, to help the local authorities maintain minimum service delivery standards, provide adequate O&M support to existing assets, and address routine urban management issues. MoLD will also be responsible to also implement activities associated with its institutional development. The designated focal points from TDF, DUDBC and MoLD will be responsible for ensuring implementation coordination of their respective components within each agency as well as with PCO; ensuring reporting to the concerned authorities and the PCO; and manage processing of fund requests to IDA via the PCO. The MoLD has shown some attempts to integrate environment components into their development activities. The formation of environment unit, promulgation of blended guidelines etc are some of the initiatives taken by MoLD. The project specific environmental requirements are met by recruiting environmental experts. However the skill transfer by environmental experts to MoLD staff is non existence.
39 Proposed Institutional Arrangement of UGDP: NETP
Program Executing Agencies MPPW&MLD
UGDP Steering Committee Chair and co-Chair by Secretaries of MPPW & MLD
Program Coordination Office (PCO) @ DUDBC
(CMl+ CM2 + CM3) led by Program Director, DUDBC i
CMl (TDF) CM2 (DUDBC) CM3 (MLD)
Socioeconomic ID for DUDBC an Block Grants+ ID Municipalities Infrastructure + ID (Service Delivery)
Municipal Coordination Committee (MCC) (Municipalities+ APM+LA+ eSO)
MUN +APM Existing Structure ..
~ Project Management Team (PMT) 4- (EO + Section Heads)
40 6.2,2 Municipal Level Arrangement
The participating municipalities are responsible for implementing the local level activities including I) socio-economic investment sub-projects, II) utilizing block grants provided under the project, III) completing institutional development actions within their jurisdictions. The project will be implemented at the municipality level largely through existing systems, but with a focus of strengthening them. The capacity of municipality for integrating environmental aspects should be strengthened. This mechanism is elaborated under the institutional strengthening part of this report.
Municipal Coordination Committee (MCC)
A Municipal Coordination Committee (MCC) comprising of Executive Officer (EO), representative from All Party Mechanism (APM), Government line agencies, Civil Society Organization (CSO) will be formed which will be responsible for overall program coordination, policy guidance, and monitor progress on a periodic basis at municipal level.
Project Management Team (PMT)
A local level Project Management Team (PMT) will be set up, comprising of the EO and the section chiefs of the key sections of the municipality (such as planning/technical, finance, social/community mobilization, administration, etc). In addition, the municipalities shall designate staff for project-related financial management, procurement and safeguards implementation. In order to ensure a bottom-up planning process in the selection of the socio-economic infrastructure, community mobilization initiatives that allow the ward level committees to provide their inputs to the Municipal Council will be an integral part of the institutional arrangement at the municipality level the municipality level. The municipalities will provide timely progress reports to the concerned component implementing agencies. In addition, Municipal Support Team (MST), the municipalities will be supported with logistics and equipment under the 10 component, as well as the flexibility to utilize their annual block grants for institutional strengthening, social mobilization and capacity building of their respective communities.
6.3 Institutional and Capacity Assessment
6.3.1 Ministry of Local Development (MoLD)
MoLD is the link agency between local government {DOCs, municipalities and VDCs} and central government, and is responsible for local development, local governance and decentralization. MoLD's objectives include both the development function - with a critical emphasis on social inclusion and including capacity building for self governance - and the issues of local governance.
The main functions of MLD include formulation of policies, plans and programs related to local self governance, local development, remote area development, rural and community development, and water supply drainage and sanitation at local level and their implementation, monitoring and evaluation. MoLD is responsible to implement the LSGA, co-ordinate local bodies, local development plans, local human resources and programs and execute administrative and development grants for local development.
Structurally, MoLD is divided into four divisions and 14 sections. It has a Municipal Management Division to look after municipalities which comprises of three sections: the Municipal Management Section, the Municipal Planning Section and Environment Management Section. Environmental Management Section focuses on lEE approvals for projects forwarded through municipalities, and execution of environment related programs of ministry The mandate of the environment section is to enforce EPA/EPR in programs and activities which triggers while executing it. Besides, the section is responsible for adopting good environmental practices in their projects, environmental monitoring and reporting. The section helps MoLD in reviewing and in approval in case of lEE studies. For EIA studies of MoLD jurisdiction, the section will review it and forward it to the ministry of environment. However, for UGDP, sub projects which fall under the category of EIA will be discouraged for the first year of implementation. EA will be reviewed by IDA. The TOR is normally prepared at project level and its review and approval is provided through a committee formed under the Environment Management Section of MoLD.
41 The environmental management section has no technical person. All together there are 3 staff (headed by under secretary) responsible to run the section. All the staff of the section has non technical background. So the section lacks adequate human resources to ensure that it take responsibilities for environment safeguards, monitoring and capacity building for implementing urban development projects. It appears that the existing concems of the division are focuses on the administration and delivery rather than focusing on environmental planning and management in municipalities. MoLD has recently endorsed the "Municipality Grant Operation Guidelines, 2067" which is also known as blended guideline. The municipality will follow the norms and criteria mentioned in this guideline for programs under block grant support of UGDP.
6.3.2 Department of Urban Development and Building Construction (DUDBC)
DUDSC under Ministry of Physical Planning and Works (MPPW) is primarily a technical department focusing GoN Suildings, Housing and Urban Development. The function and responsibilities of DUDSC are: • Formulation, planning and implementation of urban policies • Formulation, planning and implementation of housing plans and policies • Design construction, repair and maintenance of the government buildings • Planning and infrastructure development of Town Development Committees
Its main strength lies in the area of design, construction management and supervision. DUDSC has experience in preparing Periodic Plans, GIS maps, Urban Maps, Physical Development Plans and Master plans. It has also developed plans for the development of Corridors. The experience on the environmental affairs of development is very limited and minimal. However, there is a lack of clarity in the functions assigned to the DUDSC sections as a similar activity is being undertaken by multiple sections especially in the area of periodic plans, design and construction. The sections need to have a clear vision and sense of direction in terms of their functions and long term objectives including social aspects of the project management.
Since DUDSC is responsible for design, construction and supervision of several infrastructures of their jurisdiction, the national EPAJEPR and sectoral acts and policies triggers in most of the cases. It is for these reasons; DUDSC should have strength in environmental capabilities. DUDSC has no such capabilities (Le sections, units or focal points involved for environmental management of the projects. Of the total 580 existing staff, DUSC has not a single position for environmental specialist which clearly indicates that DUDSC has no qualified human resources to address environmental issues arising from the implementation of UGDP: NETP. However, an institutional development study for DUDSC (2009) has recommended for six new posts -- statistician officer-1, GIS specialist officer -1, economist -1, sociologist-1, environmentalist officer -1, and computer system engineer-1 in DUDSC.
At present the institutional development and project management experience within DUDSC resides mainly in the UEIP project which is one of the large donor project being implemented by it. Through this project DUDSC has gained experience in dealing with the municipalities and preparing and implementation of Land Acquisition and Resettlement Action Plan. It was noted that for the donor funded projects, DUDSC is recruiting environmental personnel through direct hire or through consulting packages. Such expertise remains for the project period and there is no follow up or sustainability of environmental aspects after the completion of the project. Such trend should be discouraged by providing adequate skill transfer mechanism to DUDSC environmental unit. The environmental unit of DUDSC should be linked and given responsibility in UGDP activities. Since capacity building of UGDP implementing institution is important, rather than creating parallel unit, the strengthening of the existing environmental unit of DUDSC is recommended.
6.3.3 Town Development Fund (TDF)
TDF was established under the Ministry of Physical Planning and Works (MPPW) in 1989 to facilitate the financing of urban infrastructure projects in municipalities and urbanizing villages. TDF established under the Town Development Fund Act in 1997 is an autonomous corporate body providing funds to municipalities as loans, soft loans and grants. The Act provides the necessary legal protection and mandate for its assigned functions and is quite enabling. TDF's main strength lies on its ability to provide long term loans to municipalities and manage the recovery of the interest and principal. It has
42 the basic institutional arrangements for municipal financing in place and to work with GON, municipalities and donors.
TDF is headed by the Executive Director. TDF has three departments namely: business development and technical assistance, financial management, and monitoring, evaluation and administration. The business development and technical assistance division of TDF will be responsible project planning, and implementation. The monitoring of sub project and its activities will be done through monitoring, evaluation, and administration unit of TDF. Regarding UGDP: NETP, it is so far decided that after the identification of the subprojects by the municipality, the business promotion and project development division of TDF and municipality jointly recruits the consultant for program implementation. The project appraisal and risk management part will be dealt entirely by the TDF. The risk management aspect comprises of technical viability, economic and financial viability, environmental and social safeguards, and institutional capacities. Based on the project appraisal, the project operation and construction will take place. Regarding the operation and maintenance of the activity/services; the municipality itself or the private operator or management board will be responsible. TDF part will be financial monitoring of such programs and to work out on repayment side of the investment. At present it has 36 employees out ofthe total staff strength of 64.
The TDF organizational structure has not changed much since the 1980's. It is weak in the area of marketing, environmental management and safeguard appraisal, long term projections, private sector financing, technical support to clients, and monitoring. It can manage its affairs with the present staff and continue to perform at the current scale and level of efficiency. However, to improve its performance it has to undergo a major organizational restructuring in terms of its vision, organizational structure and human resources. TDF is already working on finalizing the organogram on priority basis. However, even in the newly developed organogram, the position and roles and responsibility of TDF personnel to look after the issues of social safeguard of TDF involved projects are missing. It was noted that the TDF has no such institutional mechanisms to address social issues.
TDF has a development outlook as stated in the· TDF Act and articulated in its vision. Its mission is to enhance the quality of life of the people by promoting the sustainable urban development in Nepal. However, this orientation and focus is not properly reflected in the activities of the TDF and in the management. Though the appraisal process is required to cover, social aspect of the proposal, TDF has no specific section, unit focal points with qualified environment expert to deal with environment issues of the proposal. Recently TDF have recruited one environmental engineer for 6 month in a temporary basis. The personnel are on long term leave. It is found that the environmental aspects were not given importance in the past as well. It was general belief within the organization that the consultant responsible for project management or design and supervision part has responsibility to look after the environmental requirements and compliance by the contractor. The in-house review of environmental reports, documents, etc is not in practice at TDF. Some of the instances it was found that TDF project even fails to comply with EPAIEPR requirements. So the it is recommended that a strong environment strengthening part has to be integrated at TDF prior the implementation of UGDP. No data is being collected on the specific environmental, social and economic indicators of the municipalities, even in the pre feasibility study phases of the project (UGDP). It appears that the exposure to environmental issues and its assessments and capacity to dealing with issues related to environmental screening, identification, mitigation, preparation of EMP, etc and in integrating such aspects in a project cycle is not existent in TDF. Out of 36 employees, none of the staff in TDF have specific qualification associated with environment safeguard except one temporary engineer having degree of masters in environmental engineering.
The TDF is currently involved in two major projects funded by ADB; SlWSSP and UEIP, both under MPPW. The TDF has assisted two classes of projects developed under UEIP: (i) revenue generating projects and (ii) small projects. In all cases the implementing have been either municipalities, or functional Departments such as DWSS. TDF could not gain any experiences of addressing environmental management issues form these projects. TDF appears rather weak in social safeguard policy formulation and implementation.
43 6.3.4 Municipalities
Organizational Structure
All the participating municipalities are organized into different sections, sub sections and units. The number of sections, sub sections and units also vary in each municipality.
For example, Mechinagar Municipality is organized into four sections: i) Administration, ii) Fiscal Administration, iii) Planning and Engineering and iv) Community Development. There are 18 sub sections/units under these 4 sections including internal administration, legal, revenue, public health and sanitation, municipal police and building permits. Similarly, Itahari Municipality is organized into 6 sections: i) Administration, ii) Financial Administration, iii) Internal Audit, iv) Planning and Monitoring, v) Community Development and Inclusion, vi) HRD and Information Center. There are 23 sub sections/units under these 6 sections. Likewise, Dhankuta Municipality is organized into 7 sections: 1) Administration, 2) Fiscal Administration, 3) Internal Audit, 4) Planning and Monitoring, 5) Community Development, 6) Rural Urban Partnership (RUP), 7) HRD & Information Centre. There are 27 sub sections/units under these 7 sections including general administration, legal, revenue, store, engineering, building permits, street light, monitoring, municipal police, environment and sanitation, social protection, HRD Centre and entrepreneur development and technology transfer.
The organizational structure of Lekhanath Municipality is comprised of 10 sections: i) Administration, ii) Account, iii) Internal Audit, iv) Planning and Engineering v) Rural Urban Partnership, vi) Community and Solid Waste Management, vii) Information Centre, viii) Legal ix) Ward Service Centre and x) Revenue. There are 3 units under administration. Three units are store, vital registration and general registration (Darta Chalani). RUP section and Community and Solid Waste Management Section have the similar objectives but different sections. Similarly, administration section and Ward Service Centre are also the similar nature. There is Information Centre without staff provision. Similarly, Baglung Municipality is organized into 5 sections: i) General Administration, ii) Financial Administration, iii) Planning and Engineering, iv) Public Health, Sanitation and Environment v) Community Development and Social Welfare. There are 9 sub-sections and 2 units under these 5 sections including internal administration, vital registration, security & enforcement, account, revenue, store, plan formulation and implementation, urban development and building permits, drinking water and sanitation. There are six sections in Tansen Municipality. They are: 1) Administration, 2) Financial Administration, 3) Internal Audit, 4) Planning and Implementation, 5) Rural Urban Partnership (RUP) and 6) Social Welfare. There are 17 sub-sections/units under these 6 sections. Other sub-functions include planning, building permit, tax, store, information and management, environment and sanitation, community development, HRD and store. RUP and Social Welfare sections are similar in nature and the same staff takes care of both sections and their subsections and units.
All the municipalities have formed the All Party Mechanism (Sarbadaliya Samyantra) which acts as the de facto Municipal Board due to the absence of elected representatives and the municipal council and assembly is operated involving all parties' representatives, public figures, NGOs, CBOs, line agencies, and private sectors. Each municipality has formed several other committees as per the local need and requirements. The LSGA and LSGR allow forming up to nine committees in each municipality. The roles and responsibilities of the committees are as stated in the LSGA.
Regarding the environmental capabilities, all the municipalities have basic skills and understanding of good environmental practices. However, the documents and reports to be produced in compliance with EPAIEPR don't exist at municipal level. The municipality doesn't have capacity to prepare IEE/EIA reports and monitoring and supervision requirements of the GoN and donors. In the past, some municipalities have contracted out these jobs to external agencies. Likewise in ministry, the technology transfer and capacity building of municipal staff in environment related matters are non existence.
Institutional Capacity for Managing EMF at Municipalities
In Dhankuta and Mechinagar Municipalities, the environment section is managed by officer level staff having education of Master's Degree in Geography and Food Technology respectively. The environment sections of the remaining municipalities are managed by non technical junior officers. Thus, the number, level and qualification of staff assigned to look after environmental affairs in UGDP partner municipalities' lacks proper and efficient implementation of EMF. In all the UGDP recipient 44 municipalities, the scope of services to be performed for implementation of EMF is inadequate. In order to address these shortcomings, several altematives are proposed under institutional strengthening component. In LGCDP of MoLD, environment engineer/specialist position is to be created and filled in all the municipalities of Nepal. Since this process is ongoing, it is expected that the position of environment engineer/specialist will be filled up by December 2011. This needs to be verified with partner municipalities prior recommending any measures with respect to environmental manpower in municipalities.
Coordination and Monitoring
The coordination and monitoring of the actions of and services delivered by the municipalities is important for the organization to be effective. The function of municipalities and its committees are to coordinate and monitor the plan, programs and activities within their jurisdiction. But proper structural arrangement for coordination and monitoring is the main deficiency in the organization structure of all participating municipalities.
All the municipalities have formed supervision and monitoring committee whose main responsibility is to monitor and supervise the construction and investment projects. However it was found that environmental aspects were not monitored or supervised in the project. The final settlement of any project needs the endorsement from the committee. However, the committee's role is mainly limited to the certification to the project rather than monitoring and supervising construction. It clearly indicates that the monitoring and evaluation function is not undertaken properly, and coordination among stakeholders, service providers and clients is weak.
Besides, all the municipalities have limited capacity for coordination in planning, implementation and monitoring of development activities with the line agencies (education, health, forest, agriculture, road, land management, and DUDBC). However, municipalities have remarkable experiences of working with community groups. This is one of the strength and indicator for success of the project It has been informed during the conSUltation meetings that in each municipalities numbers of TLOs, NGOs, CBOs and users' groups are working at household and community levels on development awareness, environmental awareness and conservation programs, income generation activities, community level project development and implementation, woman empowerment and saving credit. TLOs in each municipality are very active, growing in number and maturing in organization management and services management.
Experiences of Environmental Management at Municipalities
Lekhanath municipality has experience of environment management. Lekhanath Municipality executed the ADB loan project small water supply for construction and development/distribution. After completion of the project the users committee was formed for operation and management of the water supply facilities. Municipal support and coordination is mobilized by Water Users Committee for its capacity development and governance in Lekhanath. The Water User Committee plays very important roles in different ways in the municipality. Similarly, the UDLE's supports on pro-poor and strategy with action plan provided fund and capacity development programs to disadvantage groups' of the Municipality. However, continue support and extension of the similar programs for other areas are lacking in the municipality. Nevertheless, the TLOs, CBOs and women groups are engaged in planning and budgeting which seems positive. They have envisaged environmental conservation concept within their periodic plan.
Baglung and Tansen municipality have no experiences of environmental management practices in the past. Itahari and Dhankuta have gained some environmental management skills through trainings and programs by SEAMN. It was found that Dhankuta and Mechinagar have outsourced consulting job for conducting IEE/EIA of landfill site. At Itahari municipality, the slaughter house was constructed grossly neglecting the environmental requirements of IEE/EIA provisions of GoN.
All the municipalities have more or less experience of working with the private sector. The private sector is the main investor in municipalities. Private sector usually has invested in the sectors of public transportation, land development, commercial trading, hotels, and other services. However, there is lacking of proper coordination, regulation and support of these activities by the municipalities. For example, in all municipalities, the private sector is growing in a chaotic and unregulated manner. 45 Uncontrolled development of land and unplanned growth of settlement growth in the municipal areas are some of the examples. All the municipalities were found failed to implement building by laws in a strict manner.
The roles and responsibilities for complying with environmental aspects lie with the concerned municipalities. As per requirements, the approval of lEE lies with the ministry. Regarding EIA, the concern ministry has to review it and forward it to the ministry of environment. As highlighted above, the UGDP recipient municipality doesn't have capabilities to prepare IEE/EIA documents, monitoring and supervision based on EMP prepared for individual project. The past experiences have shown that the projects requiring IEE/EIA were not even followed by municipality. Since the entire UGDP recipient municipality have set up an in-house entity responsible to look after environmental matters and the personnel have received formal or informal education and trainings in environmental sector, it will be easier for them to cope with the proposed capacity building measures proposed under UGDP. It was found that in most of the cases, they are not aware about the environmental and social requirements to be followed or requirements to be met. So, it is very important to train the personnel responsible for environmental unit of municipality.
Another important aspect is non retention of skills and manpower or non sustainable nature of the program. In municipalities, for most of the government and donor supported programs, the environmental requirements are meeting through external support (by hiring experts directly or providing as consulting packages). The skill transfer, technology transfer to municipalities through outsourcing was not observed. So a sustainable means of capacity building or institutional strengthening of municipalities in environmental sector is essential. This project has considered these shortcomings under institutional strengthening and capacity building component.
46 · CHAPTER VII
Environmental Management Framework (EMF)
EMF will be followed during project implementation for environmental integration in planning, implementation and monitoring of project supported activities. EMF highlights early environmental considerations at the sub project selection level and provides guidance for required studies (environmental screening, environmental assessment, environmental management plans etc). This framework provides set of steps, process, procedure and mechanism for ensuring adequate level of environmental consideration, describes the principles, objectives and approach to be followed to avoid or minimize or mitigate adverse impacts.
7.1 Environmental Considerations in Project Planning Phase
National policies on infrastructure development give ample emphasis on application of environmental considerations in all projects. Thus, such considerations should be applied in all plans and programs related with local infrastructure development by local bodies. The environmental situation of the municipality, environmental issues and its impact, and interventions desired etc should be an integral part of periodic plan. Major environmental considerations to be taken care of during UGDP planning phase includes;
7.1.1 Project Identification
The preliminary information regarding environmental setting of each sub project area will be collected during sub project identification. The environmental information will be collected in the pre-feasibility team and reviewed by the environmental officers of the municipality. The environmental factors that needs to be considered for different category of sub projects are shown in the form of checklist in Annex 1 a. Initial Environmental Screening and Categorization Initial environmental screening and categorization will be proposed by the environmental officer of the Municipality in discussion with PMT, and endorsed by Mayor/Executive Officer of municipality. This will be done during initial environmental screening of sub project for pre-feasibility study, and PCO will be informed/ reported. b. Environmental Review - Environmental review/analysis of each of the Periodic Plan is required to flag likely environmental issues in the proposed activities. It is advisable to flag environmental issues in periodic plan of municipality. c. Final Environmental screening - Each sub-project within a UGDP will go through environmental screening in order to identify relevant environmental concerns as well as suggest any further investigation and assessment is necessary. This will be done during pre-feasibility study. Pre feasibility team requires collecting/furnishing detailed information on environmental setting of the sub project area. Environmental officer will review the sub project, environmental setting, and propose environmental category in consultation/endorsement of PMT. The proposed categorization will be reviewed by MSTs environmental specialists, and will be approved by PCO. Based on the environmental risks perceived, the proposal may fall in one of the following four categories:
• Category I: Negative listing of subprOjects (these are ineligible for funding) • Category II: Subprojects requiring lEE or EIA based on legal requirements and potential environmental and social risks. The requirements mentioned in EPAIEPR 1996, and sectoral Acts, Guidelines, Directives of GON or potential risks. • Category III: Subprojects requiring adoption of codes of practices (ESMF contains generic codes of practice for some sectors. These codes of practice (annex) need to be adapted to the subproject in question Decided by municipality with rational and justification during project feasibility phase.) • Category IV: SubprOjects that do not require formal environmental and social assessment, nor use of code of practice, but need some monitoring during implementation 47 d. IEE/EIA where required will be prepared during feasibility study. TOR for lEE or EIA will be drafted by environmental officer or municipality (with support from MST). lEE TOR and lEE report will be approved by respective ministry's (MoLD or MoPPW). EIA ToR, scoping report and EIA report will be approved by ministry of environment. The lEE or EIA will contain sub project specific EMP.
e. Environmental monitoring and auditing - Compliance to the environmental processes as well as implementation of necessary mitigation measuresl actions will be monitored at different levels and by different agencies. Regular monitoring (Quarterly by TDF/MoLD) and annual by independent expert at each sub-proposal I activity level. The monitoring report will be forwarded to PCO
f. Prioritization of Projects - Prioritization of the projects should be done with respect to positive and negative environmental implications of the project and socio-economic benefits of each alternative and finally project having minimum adverse impacts with highest benefits should be selected. Some of the key aspects that should be considered while prioritizing project alternatives are elaborated in chapter IV of this document
Screening Criteria
Category 1- Negative Listing of Sub-Projects: Sub-projects in the category of 'Negative Listing' will be rejected during screening. Criteria for Negative Listing related or linked with UGDP are as follows:
1. Activity/subproject not included in the Periodic Plan of municipality could be excluded. ii. For EIA required sub projects ToR, EMP and EA will be reviewed by IDA. Such projects are discouraged for first year of implementation iii. Subproject using or depending for its resources from national parks and protected areas or any critical aquatic and terrestrial habitat area. iv. SubprOject activities that are located in definedl known high risk zone such as landslide prone area, steep slopes, highly degraded land in hills, riverine area susceptible to annually flooding, and in areas causing large-scale soil erosion. v. Any activity that involves significant land clearance and excavation on slopes greater than 45 degree. vi. SubprOject affecting the nationally or internationally renowned heritage site. vii. Subproject involved in major environmental harm. viii. Sub project that produce hazardous waste
Category II • Sub·Projects requiring lEE OR EIA. Threshold environmental criteria for sub-projects requiring lEE or EIA are identified on the basis of Environment Protection Act and Regulations 1997 as well as based on potential short-to-Iong-term adverse environmental impacts and their sensitivity. Each sub project requiring IEE/EIA should have the respective assessment done prior to finalizing DPR. Such subprojects should prepare Environment Management Plan (EMP) for approval. The proponent would furnish an lEE report along with the project proposal. In addition to thresholds defined by government regulation, potential adverse impacts and environmental sensitivity will be duly considered while conducting screening and categorization. The TOR for an lEE as well as lEE report will be approved by Ministry of MoLD/MoPPW with necessary support from the PCO, For socio economic and infrastructure component TDF and for block grant component MoLD will support the municipalities in conducting or obtaining services for conducting necessary pre-investment environmental studiesl examinationsl assessments including preparing initial draft of the ToRs (EO and PMT of municipality) as well as in reviewing the study reports before sending them to Ministry (MoLD/MoPPW)or to MoE for approval.
Category III - SubprOject IActivity to adapt Code of Practices. The eligible subprojects that are not under the lEE requirements, but their implementation could still have some adverse environmental impacts; they fall under this Category III. These sub-projects will be recommended for funding with contractual agreements to fully adopt environmental code of practices. Some generic environmental practices that may have universal application are identified. However, the screening should specify the environmental code of practices to be adhered to in the respective subprojecU activity of this category
48 and suggested by PMT, endorsed by TDF in socioeconomic and infrastructure component and by MoLD in block grant component.
Category IV - Subproject to be recommended for approval without any environmental assessment. Sub-projects, which do not fall under any of the above category, and the screening, do not indicate any adverse environmental and social impacts/ sensitivity could be recommended for approval without further environmental and social investigation. However, environmental monitoring mechanism has to monitor samples of such subproject! activity to ensure that they are not having environmental and social during implementation.
Environmental Code of Practice lEE or EIA report of category II subprojects will have built-in EMP which will fully describe appropriate preventive and curative mitigation measures and their implementation procedures. The EMF contains generic Environment Code of Practice (ECP) that could be adapted to certain types of Category III subproject. The ECP will be included in the clauses of the contractual agreements. These ECP will be modified anq improved and new sector ECP will be developed during project implementation phase. For that project that only requires use of environmental code of conduct, environmental officer (with support from MST) will prepare sub project specific environmental code of practice or a simple EMP, which will be approved by PCO.
EMF Implementation and Management
The Ministry of Physical Planning and WorKs (MPPW) will be the Executing Agency (EA), and the Ministry of Local development (MoLD) will be co executing agency of the UGDP:. On a day to day basis, implementation will be coordinated by a Program Coordination Office (PCO) comprising of a Program Director well as three Component Managers. representing each of the participating national institutions (MoLD, TDF and DUDBC) and in-charge of their respective components. The PCO will play a coordinating and facilitating role to all three components to implement environment safeguard measures spell out in the EMF. An environment safeguard specialist is recommended in a PCO support team. His/her role is to review all the documents prior to sending for approval. He will also provide the technical advice to EOs of municipalities.
The TDF will manage the Socio-economic Infrastructure Development component, which will support expansion/rehabilitation of essential infrastructure/services for which the municipalities are responsible. The TDF should establish an environment safeguard or management unit or focal point with qualified and adequate human resources (senior environment engineer/specialist) to confirm smooth implementation of the EMF and take corrective actions "as needed" if necessary prior the implementation of UGDP. The participating municipalities will be the Implementing Agencies (lAs) for (i) Socio-economic investment sub-projects, (ii) utilizing the block grants provided under the project, and (iii) completing institutional development actions within their jurisdictions. A MuniCipal Coordination Committee (MCC) compriSing of Executive Officer (EO), representative from All Party Mechanism (APM), Government line agencies, Civil Society Organization (CSO) will be responsible for overall program coordination, policy guidance, and monitor progress on a periodic basis at municipal level. A municipal level Project Management Team (PMT) will be set up, comprising of the Executive Officer and the section chiefs of the key sections of the municipality to implement the project at the municipality level. In addition, the municipalities shall designate staff for project-related financial management, procurement and safeguards implementation.
The PMT with the continuing support of MCC will deal all project implementation issues, including environmental screening (initial), categorization, prediction, assessment, preparation of EMP and its implementation, enhance collaboration among relevant departments and organizations, and expedite decision-making processes with an aim at achieving intended project output and outcome.
The municipalities will have the primary responsibility of planning, coordination and financing of the sub-projects. TDF/MoLD will ensure that the respective PMT will adhere to EMF. In addition, the TDF will verify the implementation of all environmental requirements and confirm whether environmental assessments and clearance is made prior to DPR approval.
49 The PCO will have overall responsibility to ensure that municipalities are in compliance with framework and follow all policy principles and procedures to address environmental issues as lay down in the framework.
7.1 Table showing Integration of Environmental Steps in Project Cycle
S.N Project Cycle Environmental Steps 1 Project Identification Preliminary environmental setting of sub project areas 2 Initial Screening or Pre Feasibility Study Initial environmental screening and categorization to be prepared by environmental officer of municipality and endorsed by PMT/Executive Officer 3 Pre Feasibility Study Collect environment information for final screening and categorization Final screening and categorization: -prepared by environmental officer and endorsed by PMT/Executive officer -Review by MST (Environment specialist) -Approved by PCO
4 Feasibility study Preparation of lEE, EIA, EMP Preparation of ToR by environment officer(with support from MST) ToR approval. lEE by ministry EIA by ministry of environment EMP by PCO 5 Appraisal Responsibility of PCO
Preparation of subproject level Environmental Management Plan (EMP)
The Environmental Management Plan (EMP) is an overall plan, which addresses the main issues ariSing due to the project implementation and suggests a strategy and action-plan to mitigate the adverse impacts and enhance the beneficial impacts of the project. A project's environmental management plan (EMP) consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. The plan also includes the actions needed to implement these measures.EMP is required for all category B project in UGDP.
The EMP includes:
• Site Specific EMP Activity Schedule, including cost for implementation of mitigation measures and implementation responsibility delineation. • Site Specific EMP Monitoring Schedule, including monitoring responsibility delineation. • Cost Estimate for EMP Monitoring, • The EO shall prepare EMP, PMT endorse it and approves by TDF/MLD EMP for each sub project (category B type) separately. They can also include cost required for capacity building and training activities on municipality basis, depending on the inherent capacity status in the municipality
Approval of EMP and Inclusion of EMP Provisions in Designs/Estimates
After preparation of the EMP report, it has to be signed by EO, checked by PMT and endorsed by TDF for socio-economic and infrastructure component and by MOLD in case of block grant component. After its approval the provisions of EMP needs to be included in the project designs and estimates and during approval of project estimates.
50 7.1.2 EMP Implementation Phase
After approval of EMP provisions along with project's designs/estimates the provISions shall be implemented in the field as the regular activity of municipality along with construction works. The responsibility of EMP implementation shall lie with the concerned municipality ..PMT with support from environmental officer will review each sub project's detailed design, cost estimates and bidding documents including specifications and contract clauses to ensure that environmental measures/mitigation are incorporated in these documents. Environmental officer (with support from MST) confirms/certifies that DPR, prior to finalization of DPR, including above mentioned documents incorporates environmental mitigation measures as recommended by the sub project's environmental
7.1.3 Table of Content for an EMP I Sample EMP
Table of content for EMP and Sample EMP is provided in annex 8 of this document
7.1.4 The roles and responsibilities of IDA
The role of IDA is to ensure that the UGDP is in compliance with GoN an IDA requirements. For this purpose, all full EIA required sub project/activity, GON approved and EMP will be reviewed and No Objection letter shall be provided by IDA prior bidding. Similarly, first limited EA (or lEE) from each municipality plus 5% samples of limited EAs approved by the GoN will be reviewed and NOL provided by IDA prior to bidding.
7.1.5 Role of Reviewing Environmental Safeguard Documents
TDF's environmental specialist or MLD's environmental specialist will review the environmental safeguard documents of each sub project during sub-projects appraisal by the respective teams, and confirms that all necessary pre-investment environmental plans/studies have been completed and are of acceptable quality.
51 CHAPTER VIII
Consultation, Information Disclosure, and Grievance Redress Mechanism
8.1 Consultation and Information Disclosure
8.1.1 Public Consultation
Consultations during Prefeasibility Study and Preparation of EMF
Public consultations were conducted by the consultant and PPT members during prefeasibility study in June and September 2010. The main objectives of the consultation were to disseminate information about UGDP: NETP to municipalities and local stakeholders and to identify the priority project in each municipality. In each municipality, information about the UGDP: NETP was disseminated to (i) the representatives from the political parties, line agencies and the municipal administration; (ii) the member from the civil societies and CBOs; (iii) members from the poverty clusters and women and finally a plenary session was conducted where the findings from each group discussion and interaction were presented to prioritize project unanimously.
Similarly, Consultation meetings with MLD, DUDBC and TDF were conducted by the EMF consultant in order to prepare social and management framework. The consultation was mainly focused on institutional, human resources and past experiences of social management practices of these organizations in terms of land acquisition, R&R policies and IPs and vulnerable community development plans. The consultation also assessed the institutional capacity of MLD, DUDBC and TDF to implement and monitoring the compliance of social safeguard measures reflected in the EMF.
Modes ofFuture Consultations
A range of formal and informal consultative methods will be carried out for all subprojects including, but not limited to: focus group discussions (FGDs), public meetings, community discussions, and in depth and key informant interviews; in addition to the censuses and socio-economic surveys. Consultations will be held with special emphasis on vulnerable groups. Encouraging public participation in consultations informs the public and serves as a venue for the public to express their opinion on priorities which the Project should address.
The key stakeholders to be consulted during sub-project preparation and program implementation includes:
• all APs, including vulnerable households; • project beneficiaries; • host populations in resettlement sites (if any); • political party representatives, community leaders, and representatives of community based organizations; • local NGOs; • Officials of municipalities and relevant government agency representatives.
Consultations with APs during RP and IPP preparation will ensure that views of APs on compensation and resettlement assistance measures are fully incorporated while consultations conducted during RP implementation will identify necessary assistance required by APs during rehabilitation. Continuing involvement of those affected by sub-projects is necessary in the resettlement process. The municipality with support and guidance from the peT and TDF consultants will ensure that APs and other stakeholders are informed and consulted about the sub-project, its impact, their entitlements and options, and allowed to participate actively in the development of the sub-project. This will be done particularly in the case of vulnerable APs, who will be encouraged to choose options that entail the lowest risk. This exercise will be conducted throughout the sub-project-during preparation, implementation, and monitoring of sub-project results and impacts.
52 8.1.2 Information Disclosure and Dissemination
Summaries of the EMF will be made available in Nepali language to the APs, local NGOs, and public offices in the sub-project site. Copies of these documents will be provided to any requester by charging the photocopy cost. The draft and final ESMF will be disclosed in the websites of MLD, DUDBC, TDF and WB and made available to APs. Information dissemination and consultation will continue throughout program implementation.
For all sub-projects, information will be disseminated to APs at various stages. In the initial stage, the participating municipalities will be responsible for informing potential APs and the general public of the project about the land acquisition requirements through leaflets and publication in local media outlets and newspapers. PMT will conduct consultations and disseminate information to all beneficiaries during these initial stages to create awareness of the project.
In the implementation stage, the municipality will provide information to beneficiaries regarding the environmental requirements and criteria to be meet by the sub project in appropriate mode and means of communications. Basic information such as sub-project location, impact estimates, entitlements, and implementation schedule will be presented to stakeholders. This will enable stakeholders to provide inputs on the resettlement process, prior to award of civil work contracts.
8.2 The Information and Consultation Framework
It is intended to layout the way in which information will be provided to the project implementers and beneficiaries and also how consultations will be held during project implementation. Its purpose is to ensure social and environmental issues are effectively addressed by the project and subprojects through a transparent and participatory manner. The primary responsibility for the implementation of the ICS is vested in the municipalities. The following matrix shows a typical plan for provision of information and consultations for sub-projects in the UGDP: NETP
Information and Consultation Framework for UGDP: NETP
Stages of a I Consultation and Information steps subproject
Pre-sub-project STEP -1: Proposal and Feasibility (Information Role) planning stage Once a sub-project is identified the PMT should undertake a feasibility study determining the feasibility of the sub-project in view of the adverse social impacts it may pose. This study is an important source of information to the executing and implementing agencies (MPPW, MLD, TDF municipalities) and also to the community for whom the sub-project has been proposed. The feasibility study should address the following: • Are the proposed goals of the sub-project valid • Who is the public for whose benefit the sub-project is being introduced • How is the sub-project going to serve them and is it in their interests • The alternatives to the sub-project and whether the alternatives are cost affective • Will there be any adverse social impacts due to the implementation of the sub-project • What would be the implementation strategy of the sub-project etc. • The information will be provided to stakeholders through both print and electronic media.
53 Pre-sub-project STEP - 2: Initial Public Consultation (Consultation Role) planning stage The findings of the sub-project feasibility, its benefits and impacts need to be discussed with the community for whom the sub-project is proposed. This would help the implementing agency in taking the opinion of people, make them understand the pros and cons of the sub-project, alternatives examined and the sub-project finalized.
Planning and STEP - 3: Environmental Review, Assessment (Information and grounding stage Consultation Roles)
In this stage it is important to ensure that there are no adverse environmental impacts of the subproject. The sub-project may be passed if it has no impacts and implementation can be initiated, Category A type projects are not entitled for support. However, if the sub-project triggers any environmental impacts then such requirements shall be meet. Such requirements and study objectives, methodologies shall be discussed with stakeholders. This environmental studies/assessment shall be carried along with project feasibility study and completed prior DPR. The environmental findings shall be part of DPR. All the EAs shall be completed and included as integral to DPR.
Planning and STEP - 4: Detailed Project Report (Information Role) grounding stage Initial consultations, feasibility and EAs on the sub-project will pave the way for the preparation of the Detailed Project Report (DPR). The DPR should constitute information on various components for successful sub project implementation. The DPR will constitute: • A final design of the proposed sub-project after examining the various alternatives to reduce the environmental impact on the people • EA report • The cost of the sub-project construction • The time frame the completion of the sub-project • The institutional arrangements for implementing the sub-project • Plans and proposals covering R&R issues • Design to ensure community participation in the sub-project (Beneficiaries, PAPs, I\lGOs, community organizations) • Plan for external help wherever needed (Experts, Advisors, Consultants) • Grievance redressal mechanisms •
Planning and STEP - 5: Preparing for project implementation and sharing grounding stage information (Information and Consultation Role)
Once all the documents like prepared list of PAPS affected, the type of entitlements, plans for reconstruction of public utility infrastructures, details of land acquisition etc., steps have to be taken to disseminate the information among the PAPs and prepare agencies for project implementation. Following tasks will be carried out in this step: • Announcement of the project • Displaying the layout of the project affected area • Disclosure of ESMF • Consultations with the affected people and public hearing • Involving NGOs/community in SEMF implementation
54 r------,------~ ------, Implementation stage STEP - 6: Addressing issues that arise during implementation (Consultation Role)
In this stage there may be many issues that the project-implementing agency may face during the implementation of the project such as: • Ensuring ESMF compliance during implementation • Problems pertaining to compensations & allowances • Unexpected reactions from the PAPs with regard to the entitlements • Conflicts between the displaced community and the host community etc.
To overcome these problems the PMT would adopt a consensual approach and address the grievances and queries of the people affected.
Monitoring and STEP - 9: Monitoring Process through participation (Information evaluation stage and consultation Roles)
The process of partiCipatory monitoring and evaluation (M&E) is the logical extension of the ICS activities. Beneficiary committees can be formed for monitoring and supervision of the sub-project works. The process should also ensure that the project benefits have properly reached the affected people and the execution of the project sticks its original designs so that social compliance is achieved. Following tasks are essential in this stages:
• Ensuring the implementation of the SEMF and timely delivery of entitlements (Consultation Role) o Ensuring that the SEMF is implemented according to a designed plan
• Reporting (Information Role) o Reporting is an important aspect of the M&E process. Periodical reporting is important to generate information on the progress of the work undertaken. The status of the implementation of the ESMF and progress has to be documented
8.3 Grievances Redress Mechanism
It is expected that through a participatory process, acceptance of the sub-projects and grievances can be minimized. However, it is necessary to establish an effective grievance redressal mechanism to address complaints/grievances related to social issues that may arise. Any grievances and objections retarding the social aspects of the project will be referred to the project Grievances Redress Committee (GRC). The project GRC will be formed at central and municipal levels. The composition of the GRC at national level will be:
- Project Director- Chairperson - PCO representativesl component managers- Members (3) - Representatives from MUAN- member (1) - Representatives from two CSOs- members (2)
Similarly, the composition of the GRC at Municipal level will be:
- Chairperson ( non official and eminent citizen) nominated by Municipal Board - Representative from TlO/User group - Representative from NEFIN 55 Representative from Dalit organization Representatives from csa Representative from women organization
Executive officer of the concerned municipalities will act as the convener and SDa will document the GRC processes and procedures.
The affected persons can register their grievances at the complaint cell established at pca in central level and municipality at local level. All cases will be registered, categorized and prioritized by the SDa at the municipality and by the Social Development Specialist at pca. GRCs will meet periodically to discuss the merit of each case and fix a date for hearing and notify the PAP to submit necessary documents in proof of her/his claim/case; resolve grievances within 4 weeks of receipt of complaint. R&R and IP-VCD related Grievances will be referred to GRC LA related grievances will be addressed as per the Clause 11 of LA Act of Nepal 2034 (1977), where CDa is assigned the sole responsibility.
8.4 Monitoring and Reporting
The regular environmental supervision will be done by PMT. Trimester environmental monitoring by MLD/Environmental section and a team of MoPPW/DUDBC respectively for component 1 and component 2 infrastructure activities respectively. The mentioned supervision and monitoring will be facilitated and supported by MST "TDF" environment specialist. The project will engage an independent external agency for annual environmental monitoring.
The PMT will maintain a record of all transactions in their resettlement database, followed by entitlement records signed by AP and survey based monitoring of resettlement / land acquisition progress on trimester basis and report to the line ministries, pca, TDF and WB wherever required. Monitoring will ensure:
• That all internal training of relevant safeguards staff occurred; • Verification that there are no outstanding or unresolved land acquisition issues with respect to the project and that property valuation and economic rehabilitation has been carried out in accordance with the provisions of the plan; • Information campaign and consultation has been carried out with APs; • Status of land acquisition and payments on land compensation; • Value of entitlement received is equal to that of original structure or land acquired; • Effective utilization of entitlements received; • Compensation for affected structures and other assets; • Relocation of APs; if applicable; • Payments for loss of income; • That all economic rehabilitation measures are implemented, as approved; • Effective operation of both the Grievance Committees; • Funds for implementing land acquisition and economic rehabilitation activities are available in a timely manner, are sufficient for the purposes, and are spent in accordance with the plan.
PMT will also be responsible for carrying out field level EMF monitoring through: • Implementation of EMP • Compliance Monitoring of contractor • Changes in baseline environmental condition • Regular job site environmental monitoring • Compliance with respect to the proposed mitigation measure
The environment safeguard compliance will be monitored by independent consultants annually to ensure that appropriate social safeguards have been incorporated into the sub-project.
56 8.5 Monitoring Framework
8.5.1 Types of monitoring
As spelled out in the EPR 1997 there are three basic types of monitoring required in each phases of project implementation standards. These are baseline monitoring, compliance and impact monitoring as per the national environmental standards.
8.5.1.1 Baseline monitoring
A baseline monitoring should be conducted on basic environmental parameters in the area surrounding the proposed project before construction begins, so that subsequent monitoring can assess changes in those parameters over time against the baseline. If possible, reference sites, which are not likely to be affected by the project, should also be used.
Baseline monitoring includes collection and update of existing environmental condition on physical, biological, socio-economic and cultural resources of the project area. Baseline monitoring includes:
• Changes in land use pattern • Changes in vegetation pattern • Wildlife habitat, their corridor and occurrence • Increased infrastructure • Population structure and migration • Development activities in the project area • Update socio-economic and cultural baseline • Traffic movement
8.5.1.2 Compliance monitoring
A periodic sampling method or continuous recording of specific environmental quality indicators or pollution levels is recommended to ensure project compliance with recommended environmental protection standards.
Compliance monitoring seeks to know whether:
• Mitigation requirements and specifications are complied. • Adequate budget for implementation of prescribed mitigation measures and monitoring works is allocated. • Mitigation and monitoring requirements in tender document and contract agreement are incorporated.
8.5.1.3 Impact monitoring
Environmental parameters within the project area are expected to change. The impact monitoring detects the changes and estimates inherent variation within the environment establishes long-term trends in the natural system and derives conclusions by making comparison against a standard or target.
Impact monitoring includes:
• Monitoring of construction related safety measures. • Monitoring of the accuracy of predicted impacts during EAs • Monitoring of loss of vegetation, appropriate compensation and other uses. • Monitoring of likely impacts of the project on environmental and socio--economic resources or the project area.
57 8.5.2 Monitoring phase
8.5.2.1 Pre-construction phase monitoring
Pre-construction phase monitoring is required before commencement of construction activities.
8.5.2.2 Construction phase monitoring
Construction phase monitoring includes:
• Monitoring of accuracy of predicted impacts during lEE study • Monitoring on likely impacts of the project particularly on biological resources. • Monitoring on occupational health and safety measures.
8.5.2.3 Operational phase monitoring
Operational phase monitoring includes:
• Regular supervision of established infrastructure • Supervision of solid waste management. • Supervision of safety measures and equipment. • Supervision of regular water supply and sanitation (i.e of water supply and sanitation project).
8.5.3 Monitoring cost, parameters, location, schedule and responsibilities
Impact of the proposed sub project on physical, biological, and socioeconomic and cultural environment is monitored in a regular basis. Based on the size, location and magnitude of the project daily and quarterly monitoring, depending upon the parameters, in every 3 months is recommended for the construction phase. Regular monitoring of sub project activity is the responsibility of EO/PMT; periodic monitoring is the responsibility of MST/PCO. Trimester environmental monitoring is done by MoLD/Environment section, or a team of MoPPWIDUDBC for component's infrastructure activities which will be supported by MST and TDF. An independent monitoring is done by external agency annually.
In order to avoid duplication of works and efforts as well as cost, estimated cost for likely adverse impact mitigation and monitoring are partly included in the cost of Environmental Monitoring heading at the municipality The municipality is committed to adhere with monitoring parameters, locations, schedule and responsibilities.
Indicators for monitoring environmental sustainability of UGDP: This is one the very important aspect to be addressed. Key indicators for environmental sustainability includes: EMF process efficiency, institutional capacity and accountability, outcome (improved solid waste, drainage management, compliance with EPAIEPR) etc.
8.5.4 Contractors Compliance on ESMF
The contractors are also principle stakeholders in the project whose roles and responsibilities are to identify and mitigate the adverse impacts right from the beginning. Therefore, contract document needs to clarify the following roles / responsibility of contractors: Some of the generic requirements are mentioned below. Such requirements are mentioned under the environmental and social requirements in contract clauses.
• Construction materials form approved site, and of standard quality. • Reclaim the quarry site and fill up borrow pit after the completion of the work, • Maintain health and sanitation of the labor camp, • Do not allow haphazard disposal of spoil along hill slopes, vegetated areas, water bodies and other environmentally sensitive areas • Enforce use of recommended disposal sites that are approved by project manager, 58 • Provide health and safety gears to the labors, • Restrict labors' use of forest products, hunting and poaching. • Hire as many local laborer as possible (priority has to be given for poor, marginalized and Dalits), • Avoid use of child labor (below 16 years age), • Employ at least 33 percent women laborer in construction, • Ensure life insurance of the laborers • Avoid damage! disturbance to historical! cultural! archeological sites Inatural habitats. • Relocate public infrastructure such as; electricity pole, telephone pole, taps, irrigation, etc.
59 CHAPTER IX
9.1 Institutional Arrangements for Implementing EMF
This section examines the institutional capacity of the MLD particularly the Municipal Management Division, DUDBC especially the Urban Development Division, TDF and six participating municipalities-with a view of assessing their abilities to manage social issues likely arise while implementing UGDP: NETP to support municipalities-and identify areas and actions for improving its capacities and performance, both in the short and long term. It primarily focuses on the existing institutional mechanism in each of the involved institution for social management, existence of units/ focal points; human and financial resources, functions and effectiveness of their roles and responsibilities.
9.2 Implementing Institutions
Ministry of Physical Planning and Works and Ministry of Local Development (MLD are the executing institutions of the program. Department of Urban Development and Building Construction (DUDBC) under the Ministry of Physical Planning and Works, Municipal Management Division of the Ministry of Local Development (MLD), Town Development Fund (TDF), and six participating secondary municipalities, namely Mechinagar Municipality, Dhankuta Municipality, Itahari Municipality, Lekhanath Municipality, Baglung Municipality, and Tasnsen Municipality are directly involved to implement the various activities under UGDP at different levels and in different ways during implementation of the proposed program. Besides, other government and non-government agencies including civil societies/NGas may be involved in social management activities in different capacities depending on the issue(s).
9.3 Institutional Arrangement of UGDP: NETP
9.3.1 Central Level Arrangement
Program Steering Committee:
At the highest level, a Program Steering Committee (SC) chaired by Secretary, MPPW and co-chaired by Secretary, MoLD will ensure overall program coordination, provide policy level guidance, and monitor progress on a regular basis. The Steering Committee will comprise of Joint Secretary, MPPW; Joint Secretary MoLD; Joint Secretary, FACD, MoF; Joint Secretary (Infrastructure), NPC; Joint Secretary (Local Governance), NPC; Director General, DUDBC, Executive Director, TDF; Project Director; 2 representatives from the participating municipalities (on a rotational basis); representatives from Municipal Association of Nepal (MuAN) and Federation of Nepalese Chamber of Commerce and Industries (FNCCI); and an renowned urban/municipal expert from the civil society. Representatives from World Bank and GTZ will have an observatory status.
Program Coordination Office (PCO)
The pca will serve as the secretariat of the project steering committee. It will comprise of a program coordinator, who will also serve as the secretary of the steering committee, as well as three Component Managers, representing participating national institutions (MLD, DUBCC, and TDF) and in charge of their respective components. The pca will playa coordinating and facilitating role to all three components. The pca will receive annual work programs from the three agencies; review them for overall conformity with program objectives; prepare a consolidated work program for review by SC and present this to NPC, the MoF and other ministries/agencies for approval (as needed), facilitate implementation by the respective agencies; facilitate timely release of funds to the respective agencies by the government; coordinate implementation across individual components; provide assistance to remove bottlenecks to implementation at the national level; forward consolidated report to SC, various ministries/agencies, the IDA and the GTZ, and ensure timely processing of fund request to donor agencies. The Pca will be supported by a small set of core staff financed partly by the project.
60 Town Development Fund (TDF)
The TDF will manage the socio-economic infrastructure development component, which will support expansion and/or rehabilitation of essential infrastructure/services for which the municipalities are responsible. The selection of investment priorities will be undertaken by each municipality based on a comprehensive socio economic development plan (periodic plan, where relevant) that is prepared in Gonsultation with various local stakeholder groups, including the all party mechanism. The TDF will manage the fund; appraise the investments selected by municipalities for their technical and financial feasibility, and assess the ability of municipality to meet its financial obligations associated with the investment. It will also implement institutional development activities associated with its own institutional strengthening.
Department of Urban Development and Building Construction (DUDBC)
The DUDBC will implement institutional development activities for the muniCipalities and the department itself. A key element of this will be Municipal Support Team (MST) - a mobile team of experts that will provide on-demand and in-time backstopping support and on-the-job training to municipalities.
Ministry of Local Development (MoLD)
The MoLD will implement the service delivery component, which will top up existing block grants from the MoLD to municipalities, to help the local authorities maintain minimum service delivery standards, provide adequate O&M support to existing assets, and address routine urban management issues. MoLD will also be responsible to also implement activities associated with its institutional development. The designated focal pOints from TDF, DUDBC and MoLD will be responsible for ensuring implementation coordination of their respective components within each agency as well as with PCO; ensuring reporting to the concerned authorities and the PCO; and manage processing of fund requests to IDA via the PCO.
61 .------~t EnViI'OIIIl.ntal
r--- I :MCC: L ______.J
MST IConsultanU Third PartY Independent MOllitoring Team
Sub Project level Activities 1 Contractor Users Group
Institutional Arrangement for Implementing EMF under Block Grant Program
9.4 Capacity Strengthening Plan for Implementing EMF
Capacities for managing environment management tasks need to be built in two ways. Firstly, capacities should be built considering the overall institutional development in addressing environmental issues and secondly, sub-project specific capacities that are useful in implementation of the sub project.
The shortcomings in the capacities of the institutions have been identified and accordingly the following appropriate measures are suggested for capacity enhancement.
9.4.1 Knowledge on policy, legal and administrative provisions
A comprehensive document highlighting the roles and responsibilities of various functionaries, laws and legislations, constitutional provisions, policies of central Governments, World Bank policies etc., needs to be prepared by the UGDP. It has to be prepared in simple language for better understanding, and possibly circulation in both in English and Nepali. Staff will be able to handle grievances and conflicts with competence with the help of such reference documents. In addition to this, special steps to devise training modules that can be used to train and test the competence of the functionaries at the municipality level on the legal, policy and administrative framework need to be designed. Training programs would help the municipal functionaries in understanding the framework and help in enhancing their capacity.
62 9.4.2 Training
Training is an important component for developing capacities. Appropriate and timely training to the officials with regard to various issues can bring a positive change in the functioning of the staff. Apart from training in generic areas such as human resource management, information management, government functionaries require training in handling certain specialized tasks pertaining to environmental issues as given under.
9.4.2.1 For the Members of pca and Relevant Staff at MLD, DUDSC &TDF
Training on Environmental Assessment, Appraisal and Management:
PCO members and relevant staff at MLD, DUDBC and TDF would require capacity building inputs to help them understand the environmental risks associated with different sub-projects and the appropriate measures that can be taken to mitigate adverse impacts on the community. In addition, they would require training to equip them with skills they can use to appraise sub-projects on key environmental criteria and ensure that they are environmentally sound. Environmental assessment and management training should also be provided to them.
9.4.2.2 For Municipal Staff
Training relate to environmentally sound technologies, tools and techniques for conducting environmental survey. Trainings on EAs, EPA/EPR requirements, and requirements stipulated by sectoral legislations shall be provided during the trainings
Training on Social Environmental Assessment of Sub-projects will enable the municipal staff to understand the environmental risks attached to different sub-projects and the appropriate measures that can be taken to mitigate adverse impacts on the community. This would not only enable them to prepare environmentally sound sub-projects but also help them put in place strong monitoring and management plans.
Training on Preparing Communication Strategy: A well-developed communication strategy needs to be in place to realize better results in implementing the projects. The concerned municipalities have to develop and effectively implement their own consultation and communication strategy. Successful implementation of sub-project would depend, to a large extent, on the ability to maintain close contact with the community in the sub-project area. For this purpose municipalities need to develop consultation plans along with the help of an NGO/community. Such a communication strategy would help in better communication, clearer understanding of social problems, better service delivery, easier conflict resolution and grievance redressal. Training modules may be developed to help municipalities draft and implement appropriate consultation strategies.
9.4.3 Human Resource Development
Municipal Support Team (MST), a Mobile Team of Multidisciplinary Experts recruited as consultants, MST will be responsible for assisting MLD, DUDBC, TDF and six municipalities in three areas: ID, block grant (Service Delivery) and Socio-economic infrastructure.
Environment Specialist
Recruitment of Environment Specialist at PCO till the MST is in place and hiring of Environment Safeguard Specialists (ESS) at MLD and TDF and Environment Officer (EO) in Municipalities will be required to strengthen their capacity to ensure that environment safeguard measures are well addressed while implementing UGDP. The Environment Specialist will be responsible for providing training/orientation on EMF to TDF, MLD, DUDBC and the Municipalities; and also for giving technical support to Municipalities to do impact screening and prepare the EMP for category B sub projects. The environment specialists at MLD and TDF will responsible to ensures that environment safeguard measures are well addressed by municipalities in block grant support and socioeconomic infrastructural development support respectively. The environmental specialist at MST will provide support to municipalities. The pre investment specific studies and need based short term environmental specialist will be arranged through PCO. 63 Table 9.1: Proposed capacity building activities for EMF Implementation in UGDP
S.N Name of the entity Nature of Capacity Building Program Proposed Remarks 1 MoLD 1. Orientation training program regarding EMF and Its Implementation mechanism 2. Deputation of environment safeguard specialist (Type of input will to strengthen environment section of MoLD, be assessed by ensures that environment safeguard measures MoLD) are well addressed by municipalities in block grant support. 3. Environmental Management Training to staff of environment division of MoLD 2 DUDBC (incharge 1. Orientation training program regarding EMF ofUGDP, EO) and its implementation mechanism to DUDBC staff deputed for UGDP, DUDBC officer level technical staff of concerned municipality (district wise) 2. Consultation and interactions about UGDP program with partner municipalities district offices of urban development & building construction 3. Recruitment of environment safeguard specialist to support the institutional capacity of DUDBC, and to support municipality in implementing EMF 4. Conduct IEE/EIA, Environmental Management types of training to DUDBC engineers and other professionals. 3 TDF 1. Orientation training program regarding EMF and its implementation mechanism to TDF senior staff and staff deputed for UGDP 2. Establishment of safeguard unit to support UGDP implementation 3. Incorporation of safeguard aspects in TDF projects 4 Mechinagar 1. Training on environmental screening, IEE/EIA Municipality training to environment nodal officer, engineers 2. Training on communication skills to officer level staff 3. Trainings for promoting environmentally sound technologies including 3R approaches 4. Exposure visits to other municipalities 5. Interactive workshop among partner municipalities on sharing good environmental practices 5 Dhankuta 1. Training on environmental screening, IEE/EIA Municipality training to environment nodal officer, engineers 2. Trainings on bioengineering to environment nodal officer, engineer/sub engineer of municipality 3. Exposure visits to other municipalities 4. Interactive workshop among partner municipalities on sharing good environmental practices 6 Itahari Municipality 1. Basic environmental training to community development unit staff of municipality 2. Training on EPA/EPR, IEE/EIA to staff of community development and environment nodal person 3. Environmental awareness raising activities 64 I within municipalities (schools, colleges, weekly bazaar areas, business areas, transport operators, etc) 4. Assist municipality in conducting IEE/EIA of municipality proposed projects (like slaughter houses, waste water treatment plant etc) 5. Training on solid waste management to municipal staff, TLO, private parties involved in waste management 7 Lekhnath 1. Basic environmental training to environmental Municipality officer (assigned nodal officer), engineer and I lawyer of municipality 2. Trainings on environmental assessment including IEEs/EIAs to persons responsible for safeguard units, technical staff 3. Exposure visit to share knowledge between and among partner municipalities 4. Assist municipality in organizing HEco tourism" based promotional activities (print and electronic media) 6. Conduct environmental conservation and awareness program in communities of 7 lake areas 8 Baglung 1. Training on environmental conservation to Municipality municipal staff, clubs, TLO 2. Water management, Rain water harvesting training to technical staff of municipality, and other interested technicians, and civil society members of the municipality 3. IEE/EIA training to environmental nodal officer, engineer/sub engineer of municipality • 4. Exposure visit to other municipalities for municipal staff to share good environmental practices 9 Tansen 1. Training on environmental conservation to Municipality municipal staff, clubs, TLO 2. Water management, Rain water harvesting training to technical staff of municipality, and other interested technicians, and civil society members of the municipality 3. IEE/EIA training to environmental nodal officer, engineer/sub engineer of municipality i 4. Exposure visit to other municipalities for municipal staff to share good environmental practices 5. Seminar on "Eco tourism, cultural tourism" promotion I
65 CHAPTER IX
10.1 Consultation Report
For the preparation of EMF, the environment safeguard consultant along with the social development consultant had several round of meeting with national level project stakeholders namely DUDBC, MoLD, and TDF. The environment safeguard specialist had field visit to all the UGDP municipalities. The extensive interactions were held at central level and at municipal level. Besides this, the environment safeguard specialist along with social safeguard specialist visited the sub projects identified during the pre feasibility study, observed the sub project level activities on the ground, and held interaction with the stakeholders at sub project level. The list of stakeholders, their detail contact address and their concerns are elaborated in annex 12 of this report.
66 ANNEXES Annex I: Environmental Factors to be Considered during Project Planning and Identification Phase
• Activities Triggering TORT (Trespass, Nuisance, and Negligence) in a community • Activities triggering EPAIEPR or sectoral acts related to environment • Factors responsible for creating waste (solid, liquid, gaseous) • Factors responsible for creating aesthetic pollution • Historical and Archeologically defined, important areas • Associated with religious and livelihood related issues • Activities causing possibility of forest degradation and possible loss of vegetation for timber and fuel wood. • Activities affecting protected, endangered species of flora and fauna • Impact on topography and land use changes • Impact on agricultural land and food security • Activities triggering climate change related impacts • Activities creating social unrest, disputes etc • Environmental hot spots, national parks, protected areas etc • Activities generating solid and hazardous wastes • Water consumption and pressure on sources • Surface Water pollution/ pressure: • Groundwater pollution/ depletion/ pressure: • Air pollution: • Urban greenery and open spaces: • Physical cultural sites. Environmental situation and human health .. • Occupational Health and Safety issues of staff and workers • Issues related to noise and vibration • Issues related to ownership of property, resettlement and rehabilitation • Possible burden on local infrastructure • Possibility of change in socio-cultural values/norms • Traffic management related environmental issues. • Industrial pollution. • Natural hazard and risks - river cutting, flooding, earthquake, landslides/erosion etc Environmental Issues of Six Participating Municipalities of UGOP
Annex 2: Priority Projects for the Six Municipalities as Identified by the Local Stakeholders during Prefeasibility Study, 2010
Municipality Project No1 Project No 2(and 3 as appropriate) Drainage Improvement-The central Ring Road Improvements:. The market area of Baglung suffers from improvement of the ring road is the highest extensive surface runoffs. The existing priority project for the Municipality and people drains cannot. The proposed project has of Baglung. The project has remained two components (a) Diversion Structures 'dormant' for many years. The condition of the • of surface run-offs at two locations and road at present is extremely poor and the Baglung (b) Improvement of surface drains within road is often impassable during the monsoon the city core. The project will improve season. Connectivity is severely impaired and the urban environment, secure the economic development prospects safety of important areas in the city, and correspondingly constrained allow the further economic development of Baglung. Heritage Conservation and Tourism Water Supply Improvements-One of the Promotion-The projects component are major causes for the slow economic growth of (a) City ConselVation Plan: Renovation the Municipality is the paucity of water supply of temples and traditional structures, system in the town. The technical assistance preservation of typical local houses, project will (a) establish a Water Supply and reconstruction of handicraft shops and Sanitation Management Board and develop pedestrianization of selected areas of the capacity of the board on effectively Tansen and (b) Tourism Development managing the existing water supply system, Tansen Plan: Tourism Enterprise Development and (b) Explore technical options for low cost Program, involving, inter alia water supply system (and implement strengthening of micro-credit programs demonstration projects). and cooperatives, a skill development program, women entrepreneurship development program, and increasing the Municipality's capacity to promote economic development. Conservation of the Lakes and Effective Land Management-This project Tourism Promotion-The Lakes are a seeks to correct the hap-hazard, speculative tremendous recreational, tourist and bio and socially and economically damaging land diversity asset of the Municipality. development that characterizes the Largely because of the lakes and their Municipality. The approach is to consolidate hilly surroundings, Lekhnath is a well the land, make the provision for the roads, known tourist destination attracting both open space and urban services; re-plot the Lekhnath domestic and foreign tourists. All the land parcels and give back re-plotted land to lakes are under threat through siltation, their original landowners. The concept is eutrophication, and encroachments and similar to the process of "land pooling" poor management. The project involves the conservation and economic development of lakes, wetlands and surrounding forests. Inner Ring Road Construction-The Drainage Improvement-Some portions of the proposed inner ring road (IRR) will divert city experience serious water logging during traffic from the core urban area, improve the rainy season because of the absence of accessibility to the outlying settlements, the drainage interceptors along the highway and allow the further urban and which would take the discharge to the nearby economic expansion of the Municipality .• river. The existing drainage is under capacity The inner ring road would also help • and not networked properly. The proposed ltahari increasing the capacity utilization of the drainage project is strategic important and will existing bus park. Itahari Municipality improve the sanitation environment of the city, considers access and connectivity and allow the future expansion of the town improvements fundamental for the development of the Town, and. particularly if the Municipality is to playa I major role in the Dharan and Biratf/9""g_ar-L...______~ Industrial Growth Corridor City Enhancement, Traffic Agricultural Development: The project is to Improvement and Economic develop land for agriculture that could Development-The project involves accommodate the expansion of the urban constructing improvements to main built environment in the future. This spine road of Mechinagar town in order development is proposed for Itabhatta where to (a) create a city ambience attractive to most of the land remains in agricultural use visitors entering Nepal, particularly from and the parcels adjoining to the highway have India; (b) to reduce traffic congestion in been already fragmented for residential use. Mechinagar, and (c) to accommodate The project aims at significantly increasing the and facilitate the future economic transportation accessibility in the rural areas expansion of the Municipality. The thereby preparing the land for residential or project will include improvements to (a) commercial development in future. Mechinagar the surface drainage system (b) the bus park and terminal;; (c) the efficiency of Forest Conservation and Economic the dry port and custom facilities; and (d) Development: The project is to conserve and passengers and pedestrian safety. develop the three community forests located Community participation is expected for to the north of Dhulabari through the the development. The project is mobilization of the local community. expected to lever important economic development impacts in terms of improving the efficiency of movement of goods and people, associated with the expansion of trade and transit operations Water Supply Improvement-Both Dhankuta and Hile have been suffering from a number of issues e.g.; drying up of existing source, absence of perennial gravity source in the vicinity, inefficient distribution network and poor management. The main objectives of this project are to (a) upgrade and expand the systems in Dhankuta and NIA(only one priority project was identified by Dhankuta Hile (b) explore options for low cost the Municipal stakeholders) water supply system, (c) encourage rain water harvesting on the community and household levels, (d) assist the Municipality in establishing an Integrated Water Supply and Sanitation Management Board and (d) develop the capacity of the board on effectively managing the existing water supply system. Annex 3: National Standards
Industrial Effluent Quality (Generic Standards, Tolerance Limits for Industrial Effluent Discharged into Inland Surface Water) i S.N. Parameters Tolerance Limits 1. pH 5.5 - 9.0 2. Particle Size of Total Suspended Particles Shall pass 850-micron Sieve 3. Total Suspended solids. (mgll) 30 - 200 4. BODs at 20 0 C. (mg/l) 30 - 100 5. Oils and Grease. (mgtl) 10, max 6. Phenolic Compounds. (lTlgII) 1, max 7. Cyanides as CN. (mg/l) 0.2, max 8. Total Residual Chlorine, (mgll) 1 9. Sulfides as S, (mgll) 2, max 10. Fluorides as F. (mg/l) 2, max 11. Arsenic as As, (mg/l) 0,2. max 12. Cadmium as Cd. (mgll) 2, max 13. Hexavalent Chromium as Cr, (mall) 0.1, max 14. COPPE:!r as Cu, {mgt!} 3, max 15. Lead as Pb, (mgtl) 0.1. max 16. Mercury as Hg, (mg/l) 0.01, max 17. Nickel as Ni, (mg/l) 3.0. max 18. Zil1c as In. {mgll} 5,max 19. Ammoniacal Nitrogen, (mgll) 50, max
I 20. Chemical Oxygen Demand. (mgll) 250, max ~1. Silver, (mgll) 0.1. max
Generic Standards, Tolerance Limits for Industrial Effluent Discharged into Public Sewers
I S.N. Parameters Tolerance Limits 1 Temperature,OC 45 2. pH 5.5 - 9.0 3. Total Suspended solids, (mg/l) 600 4. Total Dissolved Solids, (mg/l) 2100. max 5. BOD5 at 20 °C, (mg/l) 400. max 6. Oils and Grease. (mgll) 50, max i 7. Phenolic Compounds, (mgtl) 10, max 8. Cyanides as CN, (mgll) 2, max 9. Total Residual Chlorine, (mgfl) 1000 as chloride 10. Sulfides as S, (mgll) 2, max 11. Sulfides as S04. (mgll) 500, max 12. Flt,lorides as F. (mgll) 10, max 13. Arsenic as As, (mgll) 1 max 14. Cadmium as Cd, (mg/l) 2, max 15. Hexavalent Chromium as Cr. (mgt]) 2. max 16. Copper as Cu. (mgll) 3, max 17. Lead as Pb. (mgll) 0.1, max 18. Mercury as Hg, (mgll) 0.01. max 19. Nickel as Ni, (mgll) 3.0. max 20. linc as In, (mgll) 5. max 21. Selenium as Se. (mgll) 0.05 max 22. Ammoniacal Nitrogen, (mgfl) 50. max 23. Chemical Oxygen Demand, (mgtl) 1000. max 24. Silver. (mgll) 0.1,max 25. Mineral Oils, (mgll) 10, max 26. Inhibition of Nitrification Test at 200m III <50% Ref.: ~ ~, ~, ~ ". -mr '1~"'o "ffil'f, ~ m S.N. Parameters Tolerance Limits for Effluents 1. Color and Odor Absent* 2. pH 6.0 - 9.0 3. Chloride, (mgtl) 600.0, max 4. Chemical Oxygen Demand, (mg/l) 250.0, max 5. Biological Oxygen Demand. (mgll) 5 days at 20°C 100.0, max 6. Chromium Hexavalent. (mQtl) 0.10. max 7. Total Chromium as Cr, (mgtl) 2.0, max 8. Total Suspended Solids, (mgll) 100, max 9. Total Dissolved Solids, (mgtl) 2100.0, max 10. Sulphide as S, (mgtl) 2.0, max 11. Sodium, (%) 60.0, max Note: * The usual color and unobjectionable odor are reqUIred as far as practicable. Ref: Nepal Gazette Tolerance Limit for Industrial Effluent Discharged by Wool Processing Industries into Inland Surface Water S.N. Parameters Tolerance Limits for Effluents 1. Temperature, (,C) 40 2. pH 5.5 - 9.0 3. Chemical OXYQen Demand, (mgll) 250.0 4. Biological Oxygen Demand, (mgtl) 5 days at 20°C 100.0 5. Total Chromium as Cr, (mgtl) 2.0 6. Oil and Grease, (mgtl) 10 7. Total Suspended Solids, (mg/l) 100.0 8. Sulphide as S, (mgll) 2.0 9. Phenolic Compounds as CeHsOH, (mgll) 5.0 Ref.: Nepal Gazette. Tolerance Limit for Industrial Effluent Discharged by Paper and Pulp Industries into Inland Surface Water I S.N. Parameters Tolerance Limits for Effluents I 1. pH 5.5 - 9 2. Suspended Solids, (mgll) 100 I 3. Biological Oxygen Demand, (mg/l) 5 days at 20"C 100.0, max Tolerance Limit for Industrial Effluent Discharged by Fermentation Industries into Inland Surface Water S.N. Parameters Tolerance Limits for Effluents 1. pH 5.5 - 9 2. Total Suspended Solids, (mg/l) 100, max 3. Biological Oxygen Demand, (mgll) 5 days at 20°C 60, max Tolerance Limit for Industrial Effluent Discharged by Vegetable Ghee and Oil Refinery Industries into Inland Surface Water S. N. Parameters Tolerance Limits for Effluents 1. pH 6-9 2. Oil and Grease, (mgtl) 10, max 3. Biological Oxygen Demand, (mg/l) 5 days at 20°C 100, max +-tChemical Oxygen Demand, (mg/l) 250, max . Nickel, (mg/l) 3, max Tolerance Limit for Industrial Effluent Discharged by Dairy Industries into Inland Surface Water S. N. Parameters Tolerance Limits for Effluents 1. pH 5.5 8.5 2. Total Suspended Solids, (m~JI) 150, max 3. Oil and Grease, (mgll) 10, max 4. Biological Oxygen Demand, (mgll) 5 days at 20°C 100, max 5. Chemical Oxygen Demand, {mgt!} 250, max Tolerance Limit for Industrial Effluent Discharged by Vegetable Sugar Manufacturing Industries into Inland Surface Water S. N. Parameters Tolerance Limits for Effluents 1. pH 5.5 8.5 2. Total Suspended Solids, (mgll) 100, max 3. Biological Oxygen Demand, (mgll) 5 days at 20°C 100, max 4. Chemical Oxygen Demand, (mgll) 250, max Tolerance Limit for Industrial Effluent Discharged by Cotton Textile Industries into Inland Surface Water S. N. Parameters Tolerance Limits for Effluents 1. pH 6.0 9.0 2. Total Suspended Solids, (mgll) 150, max 3. Biological Oxygen Demand, (mgll) 5 days at 20°C 100, max 4. Chemical Oxygen Demand, (mg/l) 250, max Tolerance Limit for Industrial Effluent Discharged by Soap Manufacturing Industries into Inland Surface Water S. N. Parameters Tolerance Limits for Effluents 1. pH 6.0 - 9.0 2. Total Suspended Solids, (mgll) 200, max 3. Biological Oxygen Demand, (mgll) 5 days at 20°C 100, max 4. Chemical Oxygen Demand, (mgll) 250, max 5. Oil and Grease, (mgtl) 10, max 6. Phenolic Compounds, (mgll) 1, max Air Quality Standards National Ambient Air Quality Standards for Nepal Parameters Units Averaging Time Concentration in ambient Air, maximum 3 Annual TSP !-Ig /m - 24 - hours* 230 3 Annual - PM !-Ig /m 10 24 - hours* 120 3 Annual 50 Sulfur Dioxide !-Ig /m 24-hours** 70 Annual 40 Nitrogen Dioxide !-Ig /m3 24-hours** 80 8hours 10000 Carbon Monoxide /m3 !-Ig 15 minutes 100000 m3 Annual 0,5 !-I9/ 24-hour - /m3 Annual 20 ~ene !-Ig 24-hours* - Ref,: Environment Sector Program Support, Ministry of Population and Environment, Kathmandu: Ambient Air Quality Monitoring in Kathmandu Valley, Yearly Report for the year 2003, March 2004 Note: • , 24 hourly,values shall be met 95% of the time in a year, 18days per calendar year the standard may exceed but not on two consecutive days, ": 24 hourly standards for N02 and S02 are not to be controlled before MOPE has recommended appropriate test methodologies. This will be done before 2005. Nepal Vehicle Mass Emission Standard for gasoline & Diesel operated Vehicles, 2056 (1999) Model Fuel Vehicle Type CO% HC, ppm HSU,% Test Year Up to 1980 4,5 Four wheeler 1000 Idle After 1981 3.0 - Petrol Three Up to 1991 4.5 7800 Idle wheelers After 1992 3,0 - Two wheelers All 4.5 7800 - Idle • LPG I CNG All cate~lOries - 3.0 1000 - Idle 75 (Ka=3.22 Up to 1994 Free per meter) Diesel Four wheelers - - 65 (K=2,44 per After 1995 Acceleration meter) K= Coefficient of light absorption, a measure of blackness of smoke. It is independent of the measurement length. Legal Framework for AQMS in Nepal Actions Undertaken by Government: • Vehicle exhaust emission control standards: Nepal introduced vehicle exhaust emission tests in 1994 following the tail-pipe standards of 65 hartridge smoke units (HSU) for diesel operated vehicles and 3% CO for petrol - operated ones. A vehicular color rating system with respect to the exhaust emission standards was introduced, This system provides green stickers to vehicles meeting the emission standard and red stickers to vehicles failing test • Nepal Vehicle Mass Emission Standard 205685 (2000AD): Nepal vehicle mass standard is the government's major step towards reducing emissions per kilometer of travel. This standard is similar to the EURO - 1 standard. National Indoor Air Quality Standards, 2009 Maximum Concentration Pollutant Level Averaging Time . 1201JQ/m~ 24 - Hours Particulate Matter, PM1Q 200 IJg/m~ 1 - Hour 60 IJg/m~ 24 - Hours Particulate Matter, PM:!5 100 IJg/m~ 1 - Hour 9ppm (10mg/m~) 8 - Hours I Carbon Monoxide, CO 35ppm (40mg/m") 1 - Hour Carbon Dioxide, CO2 1000ppm(1800mg/m") 8.. - Hours Ref.: NatIOnal Indoor Air Quality Standards & Implementation GUidelme, 2009; GoN, Mmlstry of EnVIronment, Science & Technology, Kathmandu Nepal Note: • Units of measure for the standards are parts per million (ppm) by volume, milligrams per cubic meter of 3 air (mg/m\ and microgram per cubic meter of air (lJg/m ). • The use of PM25 value is preferred. • No need to monitor I measure both particulate matter (PM 10) and particulate matter (PM10). In accordance with World Health Organization (WHO) Air Quality Guidelines for Particulate Matter, Ozone, Nitrogen Dioxide and Sulfur Dioxide, 2005, the PM25 values can be converted to the corresponding PM 10 values by application of a PM2.51PM 10 ratio of 0.5. • Averaging time can be fixed as per convenience. • When 1 hour averaging time is chosen, monitoring should be done during cooking hour. • When 8 hour averaging time is taken, monitoring should cover cooking time too. • Monitoring of Carbon dioxide is to ensure the adequacy of the ventilation of the monitoring sites. Recommended Noise Standards for Nepal These standards describe the limiting levels of sound established on the basis of present knowledge for preservation of public health and welfare. These standards are consistent with speech, annoyance, and hearing conservation requirements for receivers within areas grouped, according to land activities by the noise area classification (NAC) system. Based on NAC, following area could be classified. Sensitive Area: The noise produced in the areas like schools, hospitals, telephone exchange comes under the sensitive area category. It includes noise produced during different activities like playing, shouting of children, ambulance, telephone rings etc. These areas are categorized as sensitive area as these areas are even disturbed by faint noise level. Children and hospital patient get affected by even a small level ofnoise. Residential Area: The dominating noise sources in this area are audio, dog barking, light vehicles, conversation ofpeople, bell ringing in temple etc. The noise from different human activities is the major contributing factors in this category. The people in the area need to get relax from their busy working day. So this area is also considered as the major noise effecting area. Commercial and Tourist Area: The predominating noise sources of commercial and tourist area are people's voice, audio, traffic etc. The noise in these areas needs to be managed properly because these areas attract tourists from around the world and that has great contribution in the economy of the country. Industrial Area: Industrial area receives noises which contains predominantly low or high frequencies and is impulsive or have unpleasant and disruptive temporal sound pattern. The mechanical processes like weaving, blasting, pressing, drilling, cutting, metal chipping and riveting etc are the significant sources of noise pollution in the industrial area. High Traffic Area: The noise produced by different vehicles that may be 2-wheelers or 3 wheelers is transportation noise. The transportation noise has different sources. Different types of noise produced by exhaust system of vehicle, noise produced due to the friction between the road and tire, honking horn, also the moving parts of vehicles produces significant level of noise. In case of Nepal, high level of transportation noise in obtained in its urban areas. Different factors like traffic flow rate, proportion of heavy vehicle and nature of road surface are responsible for the increasing noise level. Noise Area Classifications and the activities included in each classification are listed below: DayTime Nighttime Avg. Noise Area Noise Level Noise Level Day and Night Land Use Activity Classification (Ld) (Ln) (Ldn) dB (A) dB(A dB A Sensitive areas 55 45 50 Schools, Hos itals 2 Residential areas 60 50 50 3 Commercial and tourist areas 65 55 53 (residential hotels, cultural activities and nature exhibitions, resorts and group camps, cultural activities and recreational activities 4 Industrial areas 75 70 5 Hi h traffic areas 65 55 These values are recommended to reduce the risk of developing permanent hearing loss as a result of high-level noise exposure. The recommendations in this document attempts to protect hearing impairment by focusing on prevention of human exposure to the daily exposure high-level noise. The recommended noise level value as stated above for different areas in context to Nepal has been prepared with reference to different developed countries (like USA and Japan) and developing countries (like India and Bangladesh) which is based on limits of exposure level. Due to the lack of proper monitoring devices and noise reduction practices, it is not practical to reduce the current noise level of Nepal significantly at once. The current noise level values could be reduced according to prescribed noise level by adopting the noise reducing measures, Source: NIOSH, OSHA, USA National Drinking Water Quality Guidelines Maximum Concentration Categories Parameters Remarks Limits, (MCLs) Turbidity, (NTU) 5(10) 6.S-8.S* 5(1S} Physical ~(TCU) Taste & Odor Total Dissolved Solid, (mgll) 1000 ! Electrical Conductivity 1S00 I Iron, (mgll) 0.3(3) • Manganese, (mgll) 0.2 ! Arsenic, (mgtl) O.OS • Cadmium, (mg/l) 0.003 I Chromium, (mgtl) 0.05 Cyanide, {mgtl} 0.07 Fluoride, (mg/l) 0.5-1.S* Lead, (mgll) 0.01 Ammonia, (mg/l) 1.S Chemical •.Chloride, (mgll) 2S0 Sulphate, (mgll) 250 Nitrate, (mg/l) 50 Copper, (mg/l) 1 Total Hardness, (mg/l) SOO Calcium, (mg/l) 200 Zinc, (mg/l) 3 Mercury, (mg/l) 0.001 Aluminum, (mg/l) 0.2 Only for chlorinated Residual Chlorine, (mg/l) 0.1-0.2* systems Micro- E-Coli, (MPN Index I 100m!) 0 Biology Total Coliform, (MPN Index 1100ml) 0(9S)% ) Note: 1. *: Represents the range values. 2. ( ): The indicated values inside the brackets represent for those water if other alternative options are unavailable. Generic Standards, Tolerance Limits for Wastewater Discharged into Inland Surface Water from Combined Waste Water Treatment Plant I S.N. Parameters Tolerance Limits 1. Temperature, °c <40 2. pH 5.5 -9.0 I 3. Total Suspended Solids, (mg/l) SO, max 4. BODs at 20 0 C, {mg/!) 50, max 5. Oils and Grease, (mg/l) 10, max 6. Phenolic Compounds, (mgtl) 1, max 7. Cyanides as CN, (mg/l) 0.2, max 8. Total Residual Chlorine, (mg/l) 1 9. . Sulfides as S, (mgtl) 2,max i 10. Fluorides as F, (mgll) 2,max 11. Arsenic as As, (mgt!) 0.2, max 12. Cadmium as Cd, (mgtl) 2, max 13. Hexavalent Chromium as Cr, (mg/!) 0.1, max 14. Copper as Cu, (mgll) 3,max 1S. Lead as Pb, (mgll) 0.1, max 16. Mercury as Hg, (mgtl) 0.01, max 17. Nickel as Ni, (mgll) 3,max 18. Zinc as Zn, (mgtl) 5,max 19. Selenium as Se, (mgll} 0.05,111~ 20. Ammoniacal Nitrogen, (mgll) SO, max 21. Chemical Oxygen Dell1and, (mgll) 2S0, max Tolerance Limits 0.1, max Emissions guidelines for "hospital/medicals/infectious waste" Incinerators (constructed after June 1996) Incinerators Pollutant Small Medium Large «=kg/h) (>91-227 kg/h) (>227kg/h) Particular matter 115 mg/m3 69 mg/m3 Carbon monoxide (CO) 40 ppmv 40 ppmv Dioxins Ifurans 125 mg/m3 total 125 mg/m3 total 125 mg/m 3 total CCD/CCF or CCD/CCF or CCD/CCF or 2.3mg/m3 TEQ 2.3mg/m3 TEQ 2.3mg/m3 TEQ Hydrogen Chloride (HCL) 100 ppmv or 100 ppmv or 100 ppmv or 93% reduction 93% reduction 93% reduction Sulfur dioxide (S02) 55 ppmv 55 ppmv 55 ppmv Nitrogen Oxides 250 ppm v 250 ppm v 250 ppmv 3 3 3 Lead 1.2 mg/m 0r 1.2 mg/m or 1.2 mg/m or 70% reduction 70% reduction 70% reduction 3 3 3 Cadmium 0.16 mg/m 0r 0.16 mg/m or 0.16 mg/m or 65% reduction 65% reduction 65% reduction Mercury 0.55 mg/m3 or 0.55 mg/m3 or 0.55 mg/m3 or 85% reduction 85% reduction 85% reduction Source: Safe Management of Wastes from Health Care Activities, WHO Indian Standard for Operation and Emission of Incinerator Operating Standards 1. Combustion Efficiency (CE) must be at least 99.99% It is calculated as CE = % CO2 X 100 % CO2 + CO 2. The temperature of the primary chamber must be 800 +50 °C 3. The secondary chamber gas residence time shall be at least 1 (one) second at 1050 + 50°C with a minimum of 3% oxygen in a stack gas. Emission Standards Parameters Concentration in mg/Nm3 (at 12% CO2 correction) Particulate Matter 150 Nitrogen Oxides 450 HCL 50 Minimum stack height should be 30 meters above ground level Volatile organic compounds in ash should not be more than 0.01 % Note: • Suitably designed pollution control devices should be instal/ed/retrofitted with the incinerator to achieve the above emission limit, if necessary. • Wastes to be incinerated shall not be chemically treated with any chlorinated disinfectants. '. Chlorinated plastics shall not be incinerated. • Toxic metals in incinerator and shall be limited within the regulatory quantities as defined under the Hazardous Waste Management (Management and Handling Rules) 1989 • Only low sulphur fuel like L.D.OIL.S.H.SlDiesel shall be used as fuel in incinerator Source: Hospital Waste Management, Guidelines for Implementation, GOI WHOI India, EHH 001, 2000 Annex 4: Products Banned for Imports 1. Products injurious to health (a) Narcotic drugs like, opium and morphine (b) Liquor containing more than 60 percent alcohol 2. Arms and ammunitions and explosives (except under import license of His Majesty's Government) (a) Materials used in production of arms and ammunition (b) Guns and cartridges (c) Capes without paper (d) Arms and ammunitions, and other explosives 3. Communication equipment: wireless, walkie-talkie, and similar other audio communication equipment's (except under import license of His Majesty's Government) 4. Valuable Metals and Jewelleries (except permitted under baggage rules) 5. Beef and beef products 6. Any other product notified by His Majesty's Government in the Nepal Gazette. INDUSTRY Classification of Industries: Manufacturing Industries: Industries which produce goods by utilizing or processing raw materials, semi processed materials by products or waste products or any other goods Energy Industries: Industries generating energy from water resources & wind, solar, coal, natural oil and gas, biogas or any other sources. Agro and Forest-Based Industries :Business mainly based on agriculture or forest products such as integrated sericulture and silk production, horticulture and fruit processing, animal husbandry, dairy industry, poultry farming, fishery, tea gardening and processing, coffee farming and processing, horticulture and herb processing, vegetable seed farming, mushroom, vegetable farming or vegetable processing, tissue culture, green house, bee-keeping, honey production, rubber farming, floriculture and production, and forestry related businesses such as lease-hold forests, agro-forestry, etc. Mineral Industries: Mineral excavation or processing thereof. Tourism Industries: Tourist lodging, motel, hotel, restaurant, resort, travel agency, skiing, gliding, water rafting, cable car complex, pony-trekking, trekking, hot air ballooning, para-sailing, golf-course, polo, horse riding, etc. Service Industries: Workshop, printing press, consultancy service, ginning and baling business, Cinematography, construction business, public transportation business, photography, hospital, nursing home, educational and training institution, laboratory, air services, cold storage, etc. Construction Industries: Road, bridge, ropeway, railway, trolley bus, tunnel, flying bridge and industrial, commercial and residential complex construction and operation. Cottage Industries: The traditional industries utilizing specific skill or local raw materials and resources and labor intensive and related with national tradition, art and culture. Small Industries: Industries with a fixed asset of up to an amount of thirty million rupees shall be named as small industries. Medium Industries: Industries with a fixed asset between thirty million rupees and one hundred million rupees shall be named as medium industries. Large Industries: Industries with a fixed asset of more than one hundred million rupees shall be named as large industries. Facilities and Concessions to be accorded to Industries: • No income tax in excess of twenty percent shall be levied on the income derived from any industries other than the ones produCing cigarettes, bidi, cigar, chewing tobacco, khaini and industries producing other goods of a similar nature utilizing tobacco as their basic raw materials, and alcohol or beer producing industries. • Except for cigarettes, bidi, cigar, chewing tobacco, khaini, industries and industries producing other goods of a similar nature utilizing tobacco as their basic raw material. Industries producing alcohOl or beer, and saw mill and catechu industries, any other industry using eighty or more than eighty percent of indigenous raw materials in its products and supplying all its manpower from among Nepali citizens shall be granted a rebate at the rate of 10 percent of the income tax. • Any national priority industry, which constructs and operates road, bridge, tunnel, ropeway, flying bridge, and manufactures and operates trolley bus and tram as enlisted in II· . '. shall be granted a rebate of fifty percent of the income tax on their income for a period of ten years from the date of operation and other industries as enlisted therein shall be granted a rebate of fifty percent of the income tax on their income for a period of seven years from the date of operation. • Any industry, established in any Remote, Undeveloped, and Underdeveloped Areas as enlisted in III I other than cigarettes, bidi, cigar, chewing tobacco, khaini industries and industries producing other goods of a similar nature utilizing tobacco as their basic raw materials, and industries producing alcohol or beer, shall be granted a rebate of thirty, twenty-five and twenty percent of the income tax respectively and thirty-five, twenty-five and fifteen percent of the excise duty respectively for a period of ten years from the date of operation. • Fruit based fruit processing and cider and wine industries with a fixed asset of up to two million five hundred thousand rupees established in Mugu, Humla, Jumla, Dolpa, Kalikot, Bajura, Darchula, Bajhang, Achham, Mustang, Manang, Solukhumbu, Sankhuwasabha and Taplejung districts shall be entitled to an excise duty exemption for a period of ten years, and fruit based alcohol industries shall be entitled to excise duty exemption for a period of five years. On completion of such exemption period, His Majesty's Government may grant excise duty exemption to the fruit based alcohol industries for up to an additional period of three years. • While calculating depreciation on the fixed assets, industries shall be entitled to add one third to the rate of depreciation allowed under the existing income tax laws. • If an industry diversifies itself through reinvestment in the same or any other industry, or expand its installed capacity by 25 percent or more, modernizes its technology or develops ancillary industries, it shall be entitled to a deduction of 40 percent of new additional fixed assets from its taxable income. Such remission may be deducted on a lump sum or on an installment basis within a period of three years. • Permission shall be granted for a reduction of up to 50 percent from the taxable income for the investment of any industry on process or equipment, which has the objective of controlling pollution or which may have a minimum effect on the environment. Such remission may be deducted on a lump sum or on a installment basis within a period of three years. • Pre-operation costs incurred by any industry in connection with skill development training shall be allowed to be capitalized. • After an industry comes into operation, 10 percent of the gross profit shall be allowed as a deduction against taxable income on account of expenses related with technology, product development and efficiency improvement. • An industry donating an amount of up to 5 percent of its gross income to any school, college, university, hospital, religious place and in social activities shall be entitled to a deduction of such donated amount in course of assessing the taxable income. • Up t05 percent of gross income spent for the advertisement of the products or promotion services, hospitality and any other similar expenses shall be allowed to be deducted while assessing the taxable income. • If any industry provides direct employment to six hundred or more than six hundred Nepali citizens round the year, it will be, in addition to other facilities, granted an additional income tax rebate at the rate of ten percent for that year. • If any other industry utilizes locally available raw materials, chemicals and packing materials, etc. on which excise duty is already imposed, the excise duty shall be reimbursed to the industry utilizing such raw materials chemicals and packing materials. The amount to be so reimbursed shall be refunded within sixty days after an application to that effect has been duly submitted. • The customs duty is excise duty on raw materials and aUXiliary raw materials, etc. utilized by any industry in connection with its product during its production shall be reimbursed on the basis of the quantity of the export. • In cases where any industry sells its products in the Export Promotion House, the customs duties levied on the raw materials imported for producing the products so sold as well as the excise duty levied on the products so produced shall be reimbursed to the concerned industry on the basis of the quantity of sale and export. • If an industry sells its product within the Kingdom in any foreign currency, the excise duty and custom duty on such product and customs duty, excise duty levied on the raw materials and auxiliary raw materials, etc. utilized in such product shall be reimbursed. • The customs duties and excise duty on the production materials of intermediate goods to be utilized for the production of exportable industrial goods and excise duty levied on the product shall be reimbursed to the concerned industry producing the intermediate goods, on the basis of the quantity of export. • No tax, fee or charge of any kind shall be levied on the machine, tool, equipment, machinery and raw material to be employed by an Export Promotion Industry as well as on the products of such industry. Provided that if, for any reason, any product of such industry is required to be sold within the country, tax, fee or charge thereof shall be required to be paid on the basis of the quantity of sale. • An industry will be entitled, for the purpose of the income tax to deduct the amount of expenses incurred by it for the long-term benefit provided to its workers and employees including housing, life insurance, health facilities, education and training. • The rate of customs to be levied on the basic raw materials which are not produced in Nepal and are required for the production of industrial machinery or of any other goods may not be more than the rate of import duty that may be levied on the import of industrial machinery or ready made goods as is produced with the use of such raw materials. • If an industry producing intermediate goods sells its products to any other industry producing finished goods, the custom duty and excise duty to be levied on such products will be allowed to be adjusted on the basis of the quantity utilized by the industry producing the finished goods. Provided that such a finished goods producing industry shall be required to have been registered for the purpose of excise duty. • Forest-based industry may be made available any forest on a leasehold basis. • No royalty shall be imposed if any industry generates electricity for its use. • His Majesty's Government may, be notification published in the Nepal Gazette, grant additional facilities to the Export Promotion Industry, and prescribed industries established in the Export Processing Zone and in the government or non-government industrial estate. • On the recommendation of and with the decision of the Council of Ministers, and by notification published in the Nepal Gazette, additional facilities may be granted to any National Priority Industry or any industry established in Nepal by the way of invention therein. • Cottage industries provided with additional facilities Annex 5: Environmental Best Practices for Various Types of Urban Infrastructure Projects Environmental best practices for various types of urban infrastructure projects have been presented in following pages. These best practices should be applied in conjunction with the standard technical standards of concerned infrastructures for preparation of designs. There are generic and project specific best practices as well. The UGDP sub project includes: upgrading of road (ltahari, Mechinagar and Baglung municipality), construction of water supply projects, construction of trails (7 Lakes liking project at Lekhnath) etc. Such type of projects requires specific best practices to be followed. Accordingly, best practices to be followed for specific type of sub projects and generic environmental best practices to be followed are elaborated below. Best Environmental Practices • Solid Waste Management with 3R principles • Adoption of Environmentally Sound Technologies (energy efficient system design, selection of less polluting technology) • Following of Health and Safety Standards in construction projects • EHS orientation and job specific training to employee • Adherence with GoN Rules, Regulations, Policies and WB policies • Follow up of formats and checklist developed by ministries • Regular record keeping as per EMP/requirements, maintaining monitoring report • Correction of shortcomings, periodic review meetings, assigning roles and responsibilities • No or less nuisance to the public/community • No or less impact on local natural resources. In case of impacts, proper mitigation measures should be devised to address it. Road Projects A. Alignment Selection and Survey Alignment Selection As far as possible, ridge route or mid-slope route should be taken while considering alignment alternatives. Such route would be less costly, shall have maximum social benefit and shall exert minimum environmental problems. • As far as possible, the alignment should avoid unstable slopes, land-sliding areas, steep slopes and should minimize taking-up of forest areas and valley paddy land (khet) areas. • The alignment should connect or should pass from the corridor of maximum number of settlement possible. • Local Resources To the possible extent, locally available construction materials and usable vegetative species should be used. B. Project Design Stability and Management of Erosion Problem In hilly areas, the alignment selection and design principles mentioned in the Mountain Risk Engineering Handbook (1991) should be considered. It includes safe design techniques for different soil type and mountain slopes. • In plain land (Terai) area the formation level of the road built on embankment should be above normal flooding level or more than one meter. • In hilly areas, the road design should be based on mass balancing techniques to balance the cutting and filling volume of excavated earth materials. In steep slopes where it is not possible to fully have mass-balancing in cutting-filling, provision of mass-management of excess should be made at safe tipping sites. Natural drainage pattern should not be obstructed. The design should further specify bio-engineering techniques compulsorily to stabilize exposed slopes and other bare areas. Besides bio-engineering of disturbed slopes, roadside plantation should also be carried and needs to be provisioned in project cost estimates. Appropriate Technology • Maximum consideration should be made to use locally available construction materials. • Retaining and drainage structures should be designed with low-cost appropriate structures including vegetative, dry-stone, gabion and composite structures. C. Implementation/Construction Construction Approach • 'Labour-based, Low-cost, Environment friendly, and Participatory (LEP), approach should be adopted during construction of environment friendly local infrastructures. • • Local people or people's representatives should be involved construction management to better care local environment, generate local ownership feeling and to enhance transfer of technology to local people. Rural population of Nepal is heavily unemployed or under-employed. Thus. as far as possible labour-based approach should be applied by deploying locally available labour force or workers from neighboring communities. Due to lack of high quality work management at local level, use of heavy equipments should be minimized in environment friendly local infrastructure construction. Management of ErOSion, and Stability Problem • Safe slope angle should be maintained at cut and fill areas. Ba/anced of cutting and filling method should be adopted as mentioned • Desired compaction of earth should be attained by the process of natural compaction or with appropriate hand tools or semi-mechanized tools. • The top-spoil should be stocked at one place and latter spread over filled materials for better growth of vegetation. • Use of explosive materials should be prohibited. Alternate manual or semi mechanized methods could be use for rock excavation. The excavated rock blocks should be used for construction of walls and should not be disposed haphazardly. • The construction materials (sand, stones, wood etc) should be extracted as per need only. Sites for quarrying should be selected such that the quarrying activity should not result into slope instability, erosion, disruption of natural drainage, riverbank cutting, destruction of vegetation and farmland and other physical resource. All borrow pit sites should be stabilized immediately after completion of quarry activity. The work plan should compulsorily include stabilization of exposed slopes and other bare areas during each rainy season. Besides bio-engineering of disturbed slopes, roadside plantation should also be carried. • Public or private resources like forest, agriculture land, roads, irrigation canals should not be disrupted during construction and operation of the project. If minor damage to them is unavoidable, reinstatement of such facilities should be done after end of construction work. • Special care should be applied not have loss or damage to the culturally important sites temples, pond, and other religious and national heritage. • As far as possible trees on the side of alignment should be protected. • When the alignment passes through forest or vegetated area, special care should be applied not to cut any additional tree or bushes more than required for construction of road and structures. Managing Risks of Air, Water and Noise Pollution • No horn region should be marked around schools and hospitals. • Waste and fluids from labour camps should be managed properly. Organic waste should be composed at least 30 meters away form the water sources. • If pOSSible, water should be sprinkled if dust is carried out by wind during construction phase. Managing Risks of Chemical Pollution • Special care should be applied to avoid chemical pollution of land and water bodies due to spilling of chemicals, fuel, lubricants, etc. • Land Acquisition • Construction works should be started in any piece of land only after legally acquiring the land either compensated following legal procedures; or the people voluntarily donating the land with written commitment from them. River Training Projects A. Alignment Selection and Survey Alignment and Site Selection • Clear identification of the beneficiaries in the command area as well as downstream beneficiaries should be made and it should be ascertained that the water at desired source is in sufficient quantity for the desired users and prevailing downstream beneficiaries. • For river training works, the land to be protected should be clearly identified and the effect of proposed river training to other land and users should also be identified. • Causes of erosion and flow pattern of river should be well analyzed to design the most suitable and durable river training system, • As far as possible, the alignment should avoid unstable slopes, land-sliding areas, steep slopes and should minimize taking-up of forest areas. • Gradient of the canal alignment should be fixed in such a way that it provides service to maximum number of people with the available water. • As far as possible, the alignment should avoid unstable slopes, land-sliding areas, steep slopes and should minimize taking-up of forest areas and valley paddy land (khet) areas. Local Resources • To the possible extent, locally available construction materials and usable vegetative species should be used. Land Acquisition • Land required for the infrastructure construction and development should not be taken forcefully. Either there should be prOVision for compensation or the users may donate it voluntarily. Consent of the landowners should be taken for appropriate method of land acquisition. Social Issues • To the possible, areas/sites of cultural/historical importance and community/social infrastructures like school buildings, health posts, water supply lines or tap stands, irrigation canals, resting places, etc. and settlement area should be avoided or should be minimum disturbed. • Possible conflicts in future land acquisition should be well taken care of while selecting the alignment. B. Project Design Management of Issues at Water Source • There should be at least 10% water of the main source left in the river, so that it do not effect downstream aquatic life-cycle and land living animals. • If permanent type of dam structure is constructed in the river, it should be managed by fish ladder for the free movement of water living animals. Stability and Management of Erosion Problem • In hilly areas, the alignment selection and design principles mentioned in the Mountain Risk Engineering Handbook (1991) should be considered. It includes safe design techniques for different soil type and mountain slopes. • In hilly areas with steep slopes, provision of mass-management of excavated soil should be made at safe tipping sites with provision of series of check walls to hold the excess soil. The design should further specify bio-engineering techniques compulsorily to stabilize exposed slopes and other bare areas. Cement lining or concreting should be provided at sections having porous soil to avoid seepage of irrigation water in sub-soil that can cause landslides. Appropriate Technology Maximum consideration should be made to use locally available construction materials. • Retaining, drainage and river crossing structures should be designed with low-cost appropriate structures including vegetative, dry-stone, gabion and composite structures as appropriate depending upon site conditions. Similarly, river training structures can also be designed at low-cost using vegetative measures mixed with civil engineering structures. Managing Risks of Air, Water and Noise Pollution • Waste and fluids from labour camps should be managed properly. Organic waste should be composed at least 30 meters away form the water sources. • Air and noise pollution will only nominal in such construction activities. However, when there are chances of such pollution, appropriate controlling measures should be applied like sprinkling of water. Annex 6: List of Activities Not Recommended from the Environmental Perspectives • Projects having major environmental impacts which triggers category A Projects requiring EIA as per GoN (for UGDP) • Overloaded trucks while transporting earth, debris, etc. as this may lead to spillage and littering of roads. • Uncovered vehicles carrying refuse, sand, earth, gravel, clay, stone, or any other similar material shouldn't • Open burning of construction and other wastes Possible sedimentation and erosion • Waste generation • Noise generation • Dust generation • Potential for explosions • Odor generation • Potential for leaks and spills • Dumping of waste Vegetation disturbance • Leaching and run off of materials • Creation of pollution or impacts beyond permissible level of standards prescribed by GoN • Dispute on source and ownership • For social issues (refer SMF) Annex 7: Screening Checklist Instructions for completing screening checklist of UGDP Sub Projects 1. The environmental screening checklist is designed to capture and record relevant environmental information needed for environmental screening of a proposed subproject. It also provides early warning to subproject preparation team about potential environmental factors (refer list of environmental factors for UGDP mentioned in this report), and provides opportunity to address them in time. 2. The screening team (EO!PMT of municipality) must be familiar with subproject's background through secondary information before walk through. 3. During walkthrough the team should held discussion or inquires with communities along the way. Note a more detailed environmental investigation will follow at the later stage. The method to be follow include; observation, inspection and inquiry with local people. 4. The team must carry topographical map with them, mark important environmental features on the map and refer to appropriate section of the checklist. The map should be included as annex to the screening report. 5. The team should take photographs of areas with environmental implications, and attach in the report with caption 6. The team should include summary of the screening findings, listing main environmental issues! concerns related to subproject. Information to be collected for Screening o Name of Project (VDC, main and near by settlement: o Proposed sub project level activities including approximate investment required o Enlistment of project in periodic plan of municipality o Identification of Environmental hot spots in and near project vicinity (Protected areas, forest, landslide prone area, flood plains etc) o Environmental factors trigger by the sub project level activity (ref: list of environmental factors in UGDP) o Area or site of Significant Development Potential (tourism potential sites, agriculture development, forestation, watershed conservation etc) o Identification of Impacts, Induced Impacts by the sub project o Involvement of community, community consultation and consensus Annex 8: Project Environmental Management Plan (Example of EMP of water supply project of UGDP) Table of CONTENT FOR UGDP EMP Preparation CHAPTER: 1 PROJECT DESCRIPTION, Components and Environmental management Plan 1. Introduction 1.1 Background 1.2 Project Scope 1.3 Project Activities The project activities may be categorized mainly into three phase which are activities in (i) Design and Bidding Phase (ii) Mobilization Phase and (iii) Construction Phase CHAPTER: 2 2.1 Scope of Environmental Management Plan (EMP) 2.1 Objectives of Environmental Management Plan The basic objectives of the EMP are to: • to ensure that all mitigation measures and monitoring requirements will actually be carried out at different stages of project implementation and operation pre-construction, construction and operation and maintenance; • recommend a plan of action and a means of testing the plan to meet existing and projected environmental problems; • establish the roles and responsibilities of all parties involved in the project's environmental management; • describe mitigation measures that shall be implemented to avoid or mitigate adverse environmental impacts and maximizing the positive ones; • ensure implementation of recommended actions aimed at environmental management and its enhancement; and • ensure that the environment and its surrounding areas are protected and developed to meet the needs of the local people, other stakeholders and safeguard the interests of the common people. 2.2 Implementation of EMP 2.3 Project Impacts The antiCipated impacts due to project in and mitigation measures are mentioned in table 1 attached with this document. 2.3.1 ANTICIPATED ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES Environmental impacts on the physical, biological. and socio-economic and cultural environments during the pre-construction, construction and operation and maintenance phases are discussed here in detail with the mitigating measures. The summary of the anticipated environmental impacts and the mitigation measures are given in matrix form attached with this document 2.3.1.1 Pre-construction Phase a. Environmental impacts due to project design 2.3.1.2 Construction Phase a. Environmental impacts due to project construction i. Physical Environment (Examples) • Soil erosion, and slope stability due to excavation Change in river hydrology and morphology • Water and land pollution • Pollution due to air, noise and vibrations ii. Biological Environment iii. Socio-Economic and Cultural Environment • Compensation and rehabilitation as per the Resettlement Plan (RP) • Reinstatement of damaged community services and infrastructure • Influx of outside workforce, money and unwanted activities • Occupational Health and Safety (OHS) Traffic management 2.3.1.3 Operational Phase 3.0 Mitigation Measures: The mitigation measures shall be designed during the construction and operation phases of the project to minimize the adverse environmental impacts. The mitigation measures along with the item wise mitigation cost are prepared in EMP. PROjECT ENVIRONMENTAL MANAGEMENT PLAN STRUCTURE AND STAKEHOLDERS RESPONSIBILITY The Project Environmental Management Plan of UGDP is prepared to shows linkages with different parties to be involved directly or indirectly during the different phases of project development and operation in compliance with the existing Act and Rules. Overall project environmental management is the responsibility of PCO of UGDP, and Program Management Team (PMT) established in municipalities. Key stakeholders to be involved for project environmental management in are: 1. Ministry of Local Development (MoLD) 2. Department of Urban Development and Building Construction (Ministry of Physical Planning and Works) 3. TDF 4. The Municipalities 5. IEE/SIA team 6. Construction Contractor (CC); 7. Affected Village Development Committees and District Development Committee, municipalities etc 8. Non-government Organizations, Community Based Organizations (Community Forest User Groups, Irrigation User Groups, Water Supply User Groups etc.), Project Management Plan Structure Environmental Management Plan structure for different sub projects and linkages between and among stakeholders are shown in the text entitled "Institutional Arrangement for Implementing EMF" ENVIRONMENTAL ENHANCEMENT AND MITIGATION MANAGEMENT PLAN Environmental management actions to be undertaken and to be adopted for the realization of environmental enhancement and environmental mitigation for construction and operation phases are presented in the Table-A. The Environmental Enhancement and Mitigation Management Plan (Table-B) briefly describes impacts, description of enhancemenUmitigation action required, individual or agency responsible, national standards and guidelines, timing of actions, responsible authority, and tentative financial requirements. ENVIRONMENTAL MONITORING MANAGEMENT PLAN Three types of monitoring are envisaged in the plan, namely: Baseline Monitoring, Compliance Monitoring and Impact Monitoring. Since the required databases for the environmental baseline are already collected by the IEE/EIA study, the project is not envisaged to require Baseline Monitoring. The compliance monitoring comprises two parts; the first is the compliance to the enhancement actions and second compliance to mitigation actions including the corrective actions issued. The impact monitoring in the plan relates to only those measurable indicators in the socio-economic, Cultural/Physical, Chemical and Biological environments. For each of the monitoring indicators, monitoring methods, frequency of monitoring, responsible parties along with the required cost estimates have been estimated. Table A : Environnemental Enchantement Management Plan National Standards Environmen Individuals Competent tal Enhancement or T"" f Impact responsibl G "d riming 0 Authority/a Enhanceme SN Measures UI e Ines Acti ns e I Approved 0 gency nt Costs Document (NRs) s I Socio-economic Environment (construction an operation phase) • Promote local for Constructi Impact on the project related Municipality Approved on and 1 local No cost economic /Contractor lEE operation Economy opportunities phases • Ensure that the contractor of the project give priority in the project employment for Impacts of project affected Construction Constructi 2 on Local people, project Municipality Approved No cost affected VDC lEE on phase Employment people (particularly Opportunities Dalits and Janajatis,), project district people and Nepalese in preferential order Impacts of • Direct engineers, Construction and contractors to Constructi on Local purchase locally on and 3 Produce produced products Municipality Approved No cost lEE operation Marketing/ (milk, ghee, phase Business vegetables) for Opportunities camp consumption Impacts of • Encourage Construction universities and and Improved educational Const. and 4 Access on institutions for visit Municipality Approved Operation No cost lEE Local to the project area phase Tourism as educational Opportunities tourism Impacts f of· :~~~uOr~ge I~;~ Construc Ion entrepreneurs for Const. and 5 on .. Local the development of Municipality Approved Operation No cost Subsidiary b 'd' . d t lEE Industrial su Sl lary In us ry phase 't' for the support of Oppo rt Un! les the project National Standards Environmen I Individuals or Competent tal . Enhancement Timing of Impact responsibl Guidelines Authority/a Enhanceme !SN Measures Actions e I Approved gency nt Costs Document (NRs) s • Ensure that the engineers and contractors ,pay all Impacts of local revenues to Construction the local Const. and on Local Approved 6 governments such Municipality Operation No cost Government lEE as for rental phase Revenue revenue, opportunities aggregate extraction revenue, etc. I National Standards Environm Competen or Timing ental Enhancement Responsibilit t S Impact Guidelines of Enhancem measures y Authorityl N I Approved Actions ent Costs agency Document (NRs) s II Cultural and Physical Environment (Construction and Operation Phase) Impacts of • Ensure that the Land contractor developme rehabilitate the nt quarry site, and Const. opportuniti spoil disposal Approved and 1 Municipality No Cost es at site into well lEE Operation quarry and developed Phase spoil lands for disposal community use sites III Chemical Environment (Construction and Operation Phase) • Educate the local NGOs, school teachers, and students on the air, water, and land quality Impacts of management Environme approach of the ntal project by the Awareness Const. 200000.00 project for the Air, Approved and 1 environmental Municipality Water and lEE Operation staff Land Phase 400000.00 Quality Field visit to the Managem local NGOs, ent School teachers and students to show how the project is managing project area air, National Standards Environm Competen or Timing ental Enhancement Responsibilit t S Impact Guidelines of Enhancem measures y Authorityl N I Approved Actions ent Costs agency Document (NRs) s water, and land quality management IV Biological Environment (Construction and Operation Phase • Educate the local NGOs, school teachers, and students on the forest, wildlife Impact of and aquatic life Environme management ntal approach of Awareness the project by on the 150000.00 the project Forest Constructi environmental Manageme Approved on and 1 staff Municipality nt, Wildlife, lEE ope ratio visit to and • Field n phase the local Aquatic 300000.00 NGOs, School Life teachers and Conservati students to on show how the project is managing project area forest, wildlife and aquatic life management Table B: Mitigation measures and Responsible Agency Issue Impacts Environmental Mitigation no. Measures and Projected Cost Impacts on Physical Environment 1. Both Permanent and Appropriate compensation shall PCO Before Temporary Land Use and be given to the land owners as construction of the Landscape Disturbance per the land acquisition and use. project activities The compensation determination committee will determine the cost for land acquisition and com ensation. 2. Land instabilities, soil Safe construction procedure will PMT/Env During erosion, silt runoff, be followed safeguard construction landslides and setting of specialist period street surfaces due to excavation Changes in land form etc 3. Possible loss of Compensation for all impacts PMT During agriculture land, cereal construction crops and settlements due to laying of pipes, Reservoirs and construction activities and thus need of compensation at market! price for so. 4. Slope Instability and Stabilization of unstable slopes PMT During and after Erosion I Sedimentationl and re-vegetation of disturbed the construction Landslide due to Clearing slopes shall be done. i period Activity Slope Cutting i ILoss of Top Soil! . Stockpiling of Construction Materials i andDisposaI9~fVV~a~s~te~'__-r~~______.~__~______~~=-______-r=-~__~~__~ 5. Change in water quality in VVell treatment mechanism PMT During and after I the reservoir and delivery should be planned construction i of unsafe water to DIS activities due to 0 & M deficiencies. Disposal of solid waste, Use for land recovery and land PMT During and after waste materials and filling construction construction spoils. period i 7. Degradation of water Treatment facility during PMT During quality, air quality & noise construction period construction level due to project Use of personal protective period construction activities. equipment for workers. I Impacts on wildlife and aquatic ecosystem (Biological) 8. Disturbance to VVildlife Co-ordinate with local community PMT During and after Population and the administration to protect the construction the resources and ban illegal period poaching and smug..... gll:.::.in~gwc:..:i"-'Id::..:lif'-=e;,,;...-+-=--:-=------+=---c ____---I 9. Encroachment of the Provision of minimal disturbance PMT During vegetation as well as on the forest is made. construction wildlife habitats and bio period diversity of the protected Provision of compensatory species. plantation has made. The cost for establishment of nursery and Loss of vegetation and plantation at the rate of (1 :25), i.e terrestrial habitat due to 1 slash = 25 plants is project component and recommended. facility placements. Loss of local vegetation and wildlife habitats due to illegal! exploitation of the resources like felling, hunting & poaching i activities of the I construction workforce. i ! 10 ! Occupational Health Implementation of OSH activities. EO/PMT During Hazard and Safety Distribution and encouragement construction for the use of safety hats, shoes, period follow-up of safety regulation, well-communication of construction safety instructions at ~~~______~__~____~a~II~le~ve~ls~,____~~~______~~~______~~______~__~ 11 Impacts on sanitation and VVorkers are not allowed to stay EO I After construction health of the community over night out from the camp. due to increase in disease Moreover awareness program '--__---'--'v'-"ector and transmissio:.:.n-=o-,-fL..:Cwc:.:iII. be launched to prevent from I disease from outside the STOs workforce. 26 Reducing the land use Appropriate route selection to Municipalities Construction and minimize impacts and Consultant, Operation phases Maximum use of existing road and Contractor and public land Collection of spoils and its management in scientific way • Site Specific EMP Matrix for UGDP Name Suggeste Env Likely of Sub Locatio d BoQ/Co Time of Responsibilit Issues/Significanc Potential Projec n Mitigation st Action y e Impacts t Measures Format for Environmental Mitigation Measures as per EMP Identified Recommended Mitigation and S.N Name of Sub Project Remarks Issues/Significance Enhancement Measures Annex 9: Terms of Reference of lEE (Schedule ·3. Pertaining to Rule 5 of EPR) 1. Name and address of the individual or institutions preparing the report 2. Description of proposal General Introduction Relevancy of the Proposal 3. Procedure to be adopted while preparing the report 4. Policies, laws, rules and manuals to be taken into account while preparing the report 5. Preparation of the report a. Time b. Estimated budget 6. Specific impact of the implementation of the proposal on the environment a. social and economic b. cultural and physical c. chemical d. biological 7. Alternatives for the implementation of the proposal a. Design b. Project site c. Technology, procedure of operation, time schedule, raw materials to be used d. Other matters 8. Matters concerning the prevention of the impact of the implementation of the proposal on the environment 9. Matters to be monitored while implementing the proposal 10. Other necessary matters Annex 10: Steps and Requirements for lEE Studies for UGDP Sub Project Activity Task 1: Collection and Review of Project Baseline data Task 2: Task 3: Task 4: (EPR, Rule 5, Rule 7 and schedule 5, lEE Guidelines) Preparation of ToR Review and of ToR as per Fifteen days Public Notification in Activities: • Submission 10 concemed EPR Rule 5 (3) National daily Newspaper as per as per EPR· EPRRule7 • Collection and review of project related sectoral Activities: documents, institutional anrangements and capacities Activities: • Collection and review of project documents, layouts, Review by the client as magnitude of operations and considered alternatives Activities: applicable with Notice publication • Collection and review of 10pography, geology, forest, recommendations soil, geomorphology maps Review and assessment of Presentation to concemed Collection and review of the physical, biological and environmental baseline ministry by client Responsibility: Client/Consultant socio-economic and cultural and archeological baseline Preparation of Temns of Review by ministry and environmental conditions. Reference approval with or without Identification of data gaps and study focus areas Submission to miniStry modifications • Development of tools for field survey and analysis for through the client physical, biological and socio-economic environments. • Preparation of field survey and mobilization Responsibility: Ministrv I Client ...... ResponSibility: ConsultantIClient .. .. Task 6: Field investigation, interaction with local people and other stakeholders and collection of baseline data as per EPR Task 5: Notice posting, Public Deed of Enquiry and Rule 7 and schedule 5, lEE Guidelines for all altemative routes. interaction with client and the Stakeholders as per EPR Rule 7 Activities: Activities: Field investigation on physical and chemical environments using applicable tools (direct observation and mapping, monitoring, public interactions, past history etc) for erosion, sedimentation, landslides, geomorphic processes, land Public deed of enquiry fomns, geology, soil, hydrology, meteorology, air, noise, vibrations, land use, water quality, water pollution etc. Meetings with the Client • Field surveys on biological (terrestrial and aquatic) environments using applicable tools (direct observation and • Obtain relevant documents from the client mapping, sampling (plot and specimens), public interaction, past records, questionnaires surveys and interviews with • Notification 10 the stakeholders at local level for issues knowledgeable persons etc) for forest types and coverage, vegetation species, aquatic species, rare, endangered, of road construction indigenous species, ecological value, biodiversity value, habitat, medicinal plants etc. • Interaction with key persons Field investigations for socioeconomic and cultural environment using applicable tools (Rapid Rural appraisal, Collection of recommendation leiters from DOC, participatory Rural appraisal, questionnaires, interviews and public consultations, cadastral surveys, social mapping, Municipal~ies and VDC, if any. photographiC records etc.) for population and dynamics, social development and institutions, occupation and employment, earning and expenditures, cultural values, indigenous or tribal population etc. Responsibility: PMT!Clint/Consultant ..... Responsibility: PMTIClintIConsultant Task 7: Data Analysis and interpretation. Task 8: Preparation of Draft lEE report and submission as Task 9: Review and approval of lEE as per EPR Rule 11 (1) per EPR Rule 5,7 and 10 and schedule 5 Activities: Activities: Activities: • Altemative assessment with no project. route or section. Review of the lEE study report by concerned ministry design and construction approach, time schedule and Preparation of Draft lEE reports incorporating all Approval of lEE by ministry with or without modification process, resources, site specific etc.) concems of stakeholders as obtained in the public Submission of final lEE report by the consuHantJPMT to • Impact prediction, benefICial and adverse impacts, interaction and recommendation letters from DOCs, Client with electronic version. quality of data, key data gaps and uncertainties Municipalities and VDCs. associated with predictions Presentation of lEE report and seek comments and Mitigation aftematives to identified the impacts, residual suggestions Responsibility: Review and approval by concerned ministry impacts that cannot be mitigated, opportunities for Submission of Draft lEE report to the client for approval environmental enhancement • Monitoring indicators and methods of monitOring Report preparation and submission PMTIconsultant. • Environmental Management Action Plan: mitigation planning with details of work programs and schedules, Responsibility: PMT/ClintlConsuHant responsibilities, capital and recurrent costs, insfltutional and training requirement; and Monitoring Planning with Deliverables: Draft lEE Report details of type of monitoring, responsibility, cost and any other institutional and training requirements. Responsibility: PMT/ClintIConsultant ~ ~ Annex 11: Sub Project Level Monitoring Format for UGDP The overall objective of sub project level monitoring is to ensure compliance with site specific EMP. The specific objectives are: 1. to collect information on status of mitigations including timing and quality aspects 2. to ensure that EMF compliance 3. to check quality and effectiveness of mitigation works Municipality: Type of Sub Project Description of sub project activities Date of monitoring Monitoring team: Name of Team Member Position Office Annex 12: Consultation Report Urban Governance and Development Program (UGDP): Nepal Emerging Town Project (NETP) Preparation of Environmental and Social Management Framework (ESMF) __._-_.- -- ____ w~ _____ ---.-.----_. ___._. __ :I - ---~------1 SN Full Name Gender p()st or Occupation OfficelRelated Organization Address Contact Number 1. Dham lal Rai M RPP Nepal Chairperson Aaribais 9742066197 2. Yagya Bd. Karki M Rastriya Jana Morcha Rastriya Jana Morcha Dhankuta Municipality 2 9842111186 3. Hari Bhakta Rai M Ra~triya Jana Morcha Chairperson Dhankuta Municipality 7 9842071249 4. Tika Prasad Ghimire M RPP Nepal Chairperson Dhankuta Municipality 7 9842109605 5. Dr. Bidur Pro Gautam M Animal specialist DistrictAnimal Service office Dhankuta Municipality 7 9842388144 6. Jagat Limbu M OCPN(Maoist) Party member Dhankuta Municipality 5 9842062316 '7:'" Yerakh Bd. Limbu M Rastriya Jana Morcha Raslriya Jana Morcha Dhankuta Municipality 5 9814989496 8. Faud chonQwanQ M Vice Chairman Dhankula Municipality 7 9814382803 ~:'.. rg: Dhojraj Baslola M Coordinator Tole Development Committee Dhankuta Municipality 9842256155 10. Bogendra Thapa M Secretary Jana Chetana yuva Club Dhankuta Municipality 1 9842062449 11. Amrit Bd. Rai M Road Chairperson Triveni Ghat Dhankuta Municipality 8 9848022164 12. Ramananda Bhattarai M Land Reform Committee Chairperson Land Reform Committee Office Kalaiya Municipality 9, Bara 9849182496 13. Kul Pd. Rai M Chairperson Dhankuta 7 9842048296 14. Gaurav Karki M Secretary Hile Drinking water Scheme Dhankuta 1 9842110346 15. Yogendra Pd. Yadav M Project Officer District Agriculture Development Dhankuta Dhankuta 9844036577 16. Nira Chapagain F Womens & Child Welfare Officer Womens &Child Welfare Office Dhankuta 026520156 17. Santa Shrestha F Treasury Drinking Water Consumer Organisation Dhankula 026520522 18. Rajesh Silpakar M Technician Regional Hospital & Service Office Dhankula 9841458279 ~ -.Baju Neupane M Architect Urban Development Committee Dhankuta 9841543015 20. Dhron Pd. Guragain M Social Service Red cross Dhankuta 9842042173 21 Narayan Joshi M Chair person Salv-Nepal Dhankuta 6 9842026131 22. Birash Pradhan M Tre,asury NC Dhankuta 9841061965 23. Parvati Rai F Social Service Nepal Jana Jati Federation of Association Dhankuta 9842159798 24. Ishwor Rogu M Subordinate Officer Dhankuta municipality Office Dhankuta 9842038093 25. Bhuvan Singh Rai M Subordinate Officer Dhankuta municipality Office Dhankuta 9842109051 26. Layen Rai M Dhankuta municipality Office Dhankuta 7 B~iesh Kumar Shrestha M Dhankuta municipality Office Dhankuta 9842062861 r428. Tej Bd Thapa M Waste and Environment management Dhankuta municipality Office Dhankuta 9842091853 29. Nush Raj Shrestha M Managing Director Dhankuta municipality Office Dhankuta 9842062969 30. Krishna Pd. Bhandari M VDCSecretary Dhankuta municipality Office Dhankuta 9842089411 31. Aadap Hariya M Chair~rson Kirat Aadap Hariya Dhankuta 9842110715 32. Deepak Rai M District Motivator District Development Committee Dhankuta Dhankuta Municipality 9742066163 33. Milan Kumar Khadki M Chairperson Of Meat Business Meat Business Organization Dhankuta Dhankuta Municipality 9842040521 34. Raju Guragai M Subordinate Officer Dhankuta Municipality Office Dhankuta Municipality 3 9842062741 35... Neelam Bajaj M Head of Project Department Dhankuta Municipality Office Dhankuta Municipality 6 9842055123 36. Upendra Khanal M Environment Head Officer Dhankuta Municipality Office Dhankula Municipality 4 9842060850 37. KhaQendra Ghimire M Journalist Federation Of Nepali Journalists Dhankuta Municipality 7 .9842038774 38. Keshav Shrestha M Employee Dhankuta Municipality Office Dhankuta Municipality 9842062455 39. Mahendra Kumar Khamyagang M Officer Dhankuta Municipality Dhankuta 026-520119 40. Salil Devkota M Environment Specialist Consultant Kathmandu _...... -.....- _.·_R_R ___ R_ ...... ______,- ___ - --- ._.__ . -- ._-.. cI._ S.N Full Name Gender Post or Occupation Office/Related Organization Address Contact Number 1. Narayan Bd. Shrestha M President Users Qroup of Nepal Itahari Municipality 1 9842024431 2 Arjun Dahal M Engineer Itahari Municipality Itahari Municipality 9852048987 3 Sarva dhoj saba M Ex-Mayor Itahari Municipality Itahari Municipalily4 9742014601 • 4 ShekharChaudary M Ex- VDC Chairperson Itahari Municipality Itahari Municipality 7 9842048111 I 5 Ganesh Pd. Dahal M Officer Itahari Municipality 9852045222 · 6 Jagdish Pd. Oli M Chairperson Citizen Society Itahari Ilahari 1 9852046068 7 Rohit Pd. Prasai M Chairperson Industry &Commerce Association Itahari 1 9852020546 8 Binod Wagle M Chairperson CPN·United Itahari 9842034947 9 Dhana Raj Rai M RPP Itahari 7 9842056484 10. Jeevan Ghimire M Sub EnQineer Itahari Municipality Itahari Municipality 9852045424 11. Kailash Timsina M Sub Engineer Ilahari Municipality Itahari Municipality 9842020525 · 12. Chandu Bhattarai M Vice Chairperson UML. Itahari Municipality Itahari 4 9842020244 i 13. Madindra Bd. Katuwal M Chairperson Hotel Business Association Itahari 9852049085 14. Dr. Rabindra KC M Medical officer Head of health Care Centre. Ilahari Itahari 9808320653 15. Suresh Pd. Singh M Sub Engineer NEA Itahari 9842100721 16. ThumNalh Lamsal M Coordinator Tole Development Committee Ilahari 9842097797 17. Tek Bd. Gurung M Business man Ilahari 9842232522 18. Chandra Bd.Gamden Tamang M Social Service Ilahari 9842178629 · 19. Arjun Subedi M Employee Itahari Municipalily Office Itahari 3 9842035492 • ~. Daya Ram Subedi M Employee Itahari Municipality Office llahari 1 9842177200 i 21. Gayatri Lamsal F Employee Itahari Municipality Office Itahari 1 9852048735 22. Tek Nath Sapkota M Employee Itahari Municipality Office Itahari 4 9842003285 23. Anita Guragain F Employee Itahari Municipality Office Itaharl4 9842061169 24. Ghana Shyam Giri M Employee Itahari Municipality Office Itahari 4 9842021798 25. Yadav Sapkota M Employee Itahari Municipality Office Itahari 1 9842177254 26. Mahesh Subedi M Employee Itahari Municipality office Itahari 6 9842035491 27. Sunil Guragain M Employee llahari Municipality Office Itahari 4 9842079409 28. Lakhan Lal Chaudary M Employee Itahari Municipality Office Itahar! 6 9852046446 29. Kumari Timsina F Employee Itahari Municipality Office Itahari 5 9842080111 30. Chandra Devi Chaulagain F Employee llahari Municipaliy office Itahari 8 9842185988 31 Proshyan Pokharel M Itahari Municipaliy office Itahari 1 9842037413 LOCatiOn: Mecnmagar MUniCipalitY umce Date 27 .January S.N Full Name Gender Post or Occupation Office/Related Organization Address Contact Number 1. Amin Rajbansi M President Nepal Sadbhawana Party Mechina9<3rMunicipality 13 9806016330 2. Madav Rajbansi M Co-Secretary Nepal Sadbhawana Part~ Mechinagar Municipality 12 9806086993 ~ .Rljju Maharjan M Member MechinaQar Municipality Committee Mechinagar Munici[lality 10 9852672762 4. Keshav Raj Pandey M Chairperson Mechi Industry &Commerce Association MechinaQar 9852671137 5. Deepak Pd.Pokharel M Managing Director Kakarbitta Drinking water Mechinagar Municipality 10 9842629941 6. Laxmi Pd. Upreti M ChairllEJrsOn UML Mechinagar Committee Mechinagar Municipality 10 9852672300 7. Oeepak Bhandari M Chairperson UMLMechinagar Committee Mechinljg<3[ Municipality 5 9852673226 8. Bandan kumar Bunda M Member UML District Mechinagar Municipality 11 9804913604 9. Prem Samwangambe M Municipality President Mechinagar Municipality Mechinagar Municipality 5 9852677727 10. Bhawanath Khatiwada M Office Officer Mechinagar Municipality Chandugadi 8 9852678801 11. SomralDhakal M ChairQ.erson Samudayik Vikash Manch Mechinagar Municipality10 9852678187 12. Gopal Basnet M ManaginQ Secretary Mechi Industry &Commerce Associationlvlectlinag(jr Municipality 1 9842634242 13. Januka Oli F Secretary Thople viran Forest Committee Mechinagar Municipality 4 98426652493 ~ .Mira Kafle(Pokharel} F Chairperson WAN Nepal Mechinagar Municipality 5 9842704654 15. Milan Raj Prasai Member UCPN(maoist) Mechinagar 3 9842672=35=5__ 16. Bindu Gurung F Member UCPN(maoist) Mechinagar 10 17. Teeje Raut F Chai![lerson Ghodajeen Tol vikash Sanstha Mechinagar Municipality 8 9842686617 18. Pagal singh M Rastriya Jana Morcha MechinaQar Municipality 9807964961 0=:-:0::-:-- 19. Radha pradhan Karki F Chairperson Makhmali Mahila Bachat tatha rin sahakari Mechinagar Municipality 10 9852672991 20. Sabitri khadka F Chairperson Mahila Vikash Sahakari Mechinagar Municipality 10 9842744681 21. Kamal Prasad Koirala M Engineer Mechinagar Municipality Office Mechinagar Municipality 9852672684 I~ Indra BD. Thapa M Engineer Mechinagar Municipality Office Mechinagar Municipality 985267273_8__ 23 Dipendra Karki M Food Officer Mechinagar Municipality Mechinagar Municipality 9852677674 24. Mukti poudel M Media Person Mechinagar Municipality Mechinagar Municipality10 9842704127 ~ Indra Prasad Baskota M Chairperson Chetansil Yuva Pariwar Mechinagar Municipality 1 9804942146 26. Ananta Prakash Basti M Officer Mechinagar Municipality Office Mechinagar Municipality 10 9852672758 27. Kishwor Bhandari M RPP Regional Committee Secretary RPP Nepal Mechinagar Municipality 12 9804922117 28. Govinda oli M RPP President RPP Mechinagar Municipality 11 9842195183 Locatlol1:~ecnmagar MUniCipalitY LJate: 2f ,January S.N Full Name Gender Post or Occupation Office/Related Organization Address Contact Number 1 Bhawanath Khatiwada M Executive Officer Mechinagar Chandragadi 9852678801 2. Ananta Prakash Wast; M Administrative Chief Mechinaaar Jorapani 8 9852672758 3. Rajan Kumar Bhetwal M Account Officer Mechinaaar Mechinagar 10 9852677660 4. Kamal Prasad koirala M Engineer Mechinagar Mechinagar6 9852672684 5. Dipendra Karki M Food Officer Mechinagar Mechinagar 6 9852677674 6. Ifldra Bahadur Thapa M Engineer Mechinagar 7. Shambu Poudel M Mechinagar Mechinagar 3 9842719384 r--a.- j:l()kul Nepal M Junior Engineer Mechinagar _ _ __.. ___.. MechiD?gar 3 9842652105 ------9. Chakrapadi Khanal M Revenue Inspection MechinaQar Mechinagar 2 9842624204 10. Adhiklal Mochi M Mechinagar Mechinagar 11 Til Bahadur Rajbansi M Supervisior Mechinagar Mechinagar 12. Indra Bahadur Thapa M Engineer Mechinagar Mechinagar 1 9852672738 13. Indira Kharel F Mechinagar Mechinagar 9842654994 14. Jayan!i Kharel F Social Mobilizer MechinaQar MechinaQar 10 9842641872 15. Ramesh Kumar Karki M A.Municipai Facilatation Mechinagar Sinduli 9841788503 9806037628 -.-~- -_._._.•._----- _. _. __._. ~---- -_. ----.-~~-- --_._._------.~-.-~ _. _._._- - _._ s.NFiJiiName Gender Post or Occupation Office/Related Organization Address Contact Number 1. Rajendra Das Shrestha M Engineer TDF Baneshwor 9851094031 2. Subash Raj Panta M Social Ecoromist TDF Baneshwor 9841253575 3. Binod Neupane M Manager TDF Baneshwor 9851042727 4. .Mahesh Mangal Joshi M UEE TDF Baneshwor 9851060620 s.- Dina Raj Ghimire M Env. Specialist WB Durbar marg 9841307302 6. Gobinda Bd. Karki M Under Secretary MOLD 9841290922 7. Nilam Kumar Dangol M Engineer DUDBC Babar Mahal 9841251202 LOCation: I ansen MUnJclpalltl , t'alpa Uate: 4 l"eDfuary S.N Full Name Gender Post or Occupation Office/Related Organization Address Contact Number 1. Tilak Gaha M Secretary Mass Meeting Palpa 9847118675 2. Narmati Sinjali M Member Rastriya jana morcha Palpa 9847078779 3. Shova Shakya M Lecturer Butvval Multiple CampuslNC Tansen 9847029348 4. Chokarman Shakya M President Community Committee Tansen Tansen Palpa 9847029357 5. Raiendra pratap Shakya M Member Community Committee Tansen Tansen Municipality 9847029875 6. Bharat Pariyar M Member Community Committee Tansen Tansen Municipality 9847096369 7. Rafi Miya M Member Community Committee Tansen Tansen municipality 9847119186 8. Surendra Man Shakya M Subordinate Officer Tansen municipality Tansen 9847337199 9. Chameli Shrestha F Officer Women Development Office Tansen 9847029224 10. Madhu Sudan Gharti M SubordinateOfficer Tansen municipality Tansen 9847028356 11. Aarlap Kha M Business man Tansen municipality 9847100462 12. Maan 8d.Nepali M Tansen municipality 6 Tansen municipality 9847175797 13. Tharka Bd. Jec M District Forest Officer District forest Development Office Tansen 9847306241 14. Kausal Raj Ghimire M Officer Tansen municipality Tansen municipality Office 9847029322 15. Bishnu Prasad Acharya M Officer District Forest Office Palpa Palpa 6841712054 16. Madan Singh Rana M Member Tansen municipality 9747023625 17. Radha Ghimire F Member CPN-UML Tansen municipality 12 9847177755 18. Bishnu Maya Thapa MaQar F Member Rastriya Jana Mukti Morcha Tansen municipality 3 9847118889 19. Ram Prasad Pokharel M Member CPN-UML Tansen municipality 14 9857060007 Vishnu Valego RPP 20. M Social Service Tansen municipality 9847027677 ------ ------T1: Nabin Thapa Magar M Chairman CPN(U) Tansen municipality 11 9847021096 22. Ram Bd. Aryal Chhetri M Senior office Offcer kathmandu 9851071062 23. Sishir Poudel M Executive Director Tansen municipality Tansen , Palpa 9857060552 24. Bishnu Poudel M Director Tansen municipality Tansen Palpa 9847029373 25. Salil Devkota M Consultant UGDP Kathmandu 9851065103 26. Hari Bhattarai M 27. Mahesh Mangal Joshi M 28. Bharat Prasad Ach arya M Subordinate Officer Tansen municipality Tansen municipality Office 9847028368 ~tlQn:tsaglung MUnlClpallty lJate: 3 .... eDruary S.N Full Name Gender Post or Occupation Office/Related Organization Address Contact Number 1. Ram Prasad Upadhaya M Principal Daulagiri Multi(:lle Campus BaQlung Municipality 2 9847622498 2. Nar Bahadur Thapa magar M Secretary CPN-UML Baglun<:! 9756700081 3. Hom Raj Bista M Officer of A<:!riculture Development A<:!ricultural Development Office Baglun<:! 068-520130 4. Yogendra Chitrakar M Engineer Drinking Water Committee Baglung 068-520110 -- 5. Harsa Bd. Gurung M Engineer District head Office Baglung 9857620228 6. Jeev M Public Health Officer District Health Office Baglung 9847922314 7. Bharat Puri M Chairman Mukti ToleVikash Samiti Baglung 9857620086 8. Subash Khadka M Secretary Shanti ToleVikash Samiti Baglun<:! Municipalitt3 9847628873 9. Hira Bd. Thapa M Officer CDO Baglung Municipality 1 957620202 10. Chitra Bd. Subedi M Chairpeson Shanti ToIeVikash Samiti Baglung Municipality 8 9847629695 11. Shiva Khadka M Chairman Nagh road Community welfare Baglung Municipality 3 9847668098 12. Manju Chhetri F Member Antar party mahila samiti Baglung Municipality 3 9846700292 13. Laxmi Baskota F Member Antar p_artymahila samiti Baglung Municipality 3 9847623081 14. Shanti Gywali F Teacher Gender networking society Nepal Baglun<:! Municipality 2 9847630077 15. Shashi Kiran Shrestha F Chairperson Baglung Municipality 2 9847638820 Pu~hla Kumari Shrestha F Secretary Tole Vikash Sanstha Baglung Municipality 2 9847629855 ~17. Dina nath Sharma M Chairperson 5421041 18. M Advisior CPN(U} Baglung Municipality 975600159 19. Dharma Dutta Sapkota M Chairperson Ganga T01 Sanstha Baglung Municipality 1 9847628814 20. Shailendra Kumar Shrestha M Chairperson RJP Baglung 9847634242 21. Indra Prasad Poudel M Sub Forest Officer District Forest Office Baglung 9845052922 22. Binod Gywali M Land Reform Officer District Land Reform Office Baglung 9849030319 23. Lila Poudel M Office Secretary Baglung 9857620207 24. Hari Bd. Khadka M Secretary Tansen District Office Baglung 9857620014 25. Tika Ram Sapkota M Chairperson RPP Baglung 9847624528 26. Krishna Raj Sharma M Chairperson RPP(BGL) Ba<:!lun<:! 2 9847637426 27. Padam Chandra Raj Bhandari M Ex MUllicipalitv Vice President Baglung Municipality 3 Baglung Municipality 3 9841225115 28. Rishi Raj Sharma M Ex-Municipality President ~CI9lung Municipality 1 9847622226 29. Niraj Shakya M UCPN(Maoist) UCPN(Maoisl) Baglung Municipality 3 98476215805 30. Dhanapati Sapkota _M _ ~~asury Mukti Nath tole Baglung Municipality 10 984765331 --- 31. Trilochan Giri M 81 Baglung Municipaity Police Station Baglung 9857620024 32. Tulsi Ram Sapkota M Chairperson Sip Shakti tole Baglung Municipality 10 9847664801 33. Ram Bd. Hayal M Chairperson Kholakhet Tole Baglung Municipality 5 9847623079 34 Jaya Ram Bhati M Chief Secretary Baglung Association Baglung Municipality 2 9847621197 35. Yam Bd. Gharti Magar M CPN·UML Baglung 9847630611 36. Laxmi J.C F Mahila Vikash Aayog Women and Children Baglung Office Baglung 9857620392 37. Amar Bd.Thapa M 9857620491 38. Aatma Ram Upadhaya M Chairperson Aadarsha Tole vikash Sanstha Baglung Municipality 9847653212 39 Kaji Gaule Shrestha M Legal Ex[lei! Public Socier Baglung Municipality 9847653212 40. Mohan Bd. Shrestha M Treasury Laliguras Tole Vikash Committee Baglung Municipality 9 9847631757 41 Hemanta Khadi M Reporter Dhaulagiri FM Baglung Municipality 42. Gopal Khadka M Business Man Baglung Municipality 3 9847669142 43 Sangam Gharti Magar M Reporter Sayapatri FM Sikhakhani 1 9846706257 44. Aam Bd. M Chairperson Baglung Municipality 3 9847727649 45. Hari Narayan Gautam M Chairperson Federation of Nepal Journalists Baglung 9847628317 46. Mahendra Acharya M President Baglung 9857620209 47. Suresh KC M Baglung 9841294229 48. Dipendra Bd.Bhandari M Baglung Municipality Office Baglung 9857620023 49. Prakash Raj Sapkota M Office Assistant Baglung Municipality Office Baglung 9847621864 50. Teej Prasad Neure M Clerk BaglunQ Municipality Office Baglung 9847620717 51. Hariyan Chanyal M Municipality Assistant Motivator BaglunQ Municipality Office BaQlung 9841700872 Consultation with Water supply Users Group Location: Tansen Municipalit~ Date: 2067/10/22 ~~~~~ S.N Full Name Gender Post or Occupaijoll OfficelRelated Organization Address Contact Number 1. Dinesh Gandarba M Chairperson Gandarva Tole Vikash Sanstha Tansen Municipality 3 9847043632 2. Bhimsen karki M Treasury Tansen Drinking Water &Supply Committee Tansen 3. Kausal Raj Ghimire M Tansen Municipality Tansen 9847029322 4. Tika Ram Poudel M Chairperson Rajmo Nagar Samiti Tansen Municipality 9847043253 5. Keshab Poudel M Municipality Incharge UCPN(Maoist) Tansen Municipal~y 9847005665 6. Ramji Bd. Karki M Tansen Municipality Tansen Municipality 3 9847029893 7. Gita Dhungana F Vice Secretary Lahare Pipal 2 Tansen Municipality 4 9847102539 8. Chanda Maha~an F Vice Chairperson Holungdi Tole Vikash Tansen Municipality 4 521797 9. Puma Maya F President Redcross Tansen Municipality 3 520227 10. Yadav Raj Sharma M Chairperson Tuksar 1Tole Vikash Tansen Municipality 5 520929 11, Dhurba Khati M Tansen Municipality Committee Tansen MunicipalITy 10 9847068088 12. Uma Nath Acharya M Citizen Tansen Municipality 11 Tansen Municipality 11 9847028588 13. Hom Nath Neupane M Representative of Tole Sanstha Tansen Municipality Tansen Municipality 11 9847005992 14. Rajendra Prasad Pant M Engineer Tansen Municipality 13 9847101443 15. Ram Bd.Raut M Chairperson Tansen Municipality 5 9857060995 16. Dr. Puran Baiarcharya M Vice Chairperson Tansen Municipality Tansen MuniCipality 6 9847099233 17, Bishnu Poudel Executive Director Drinking Water Consumer Committee Tansen 9847029373 I 18, Bhim Kumari Shakya F Tole Chairperson Tansen Municipality 3 9815415196 19, Gamala JC F Teacher Tole Vikash Sanstha Tansen Municipality 4 9747004615 • 20, Rajeshwor Udam M Vice-Principal Tribhuvan Multiple Campus Tansen 9847029245 I 21 Keshari Basnet I F Teacher Unanati Vikash Tole Tansen Municipality 6 9847343111 Consultation with stakeholders related to Durbar Square and City Conservation Location: I ansen Mumclpallq uate: :':U~ fll U/:'::': S,N Full Name Gender Post or Occupation Office/Related Organization Address Contact Number 1, Deep Narayan M Business man Milejuli Tole Vikash Tansen Municipality 8 9847068293 2, Dr, Kama Bd, Baniya M Principal Tribhuvan Muniple Campus Tansen 9847069379 3, Yadav Raj Sharma M Chairperson Tuksar 1Tole Vikash Tansen 9847059528 4, Jyoti Ral Bhandari M Chairperson Makhan Tole Tansen Municipality 9847178092 5, Rajeshwor Uday M Secretary 9847029245 6, Bal.Bd,Rana Magar Member Tansen Municipality 7 9847029588 M ------ 7, Mina Rayamaji F Chairperson Tole Vikash Samiti Tansen Municipality 6 520031 8, Tumla Bajracharya F Secretary Tole Vikash 2Tuksar Tansen Municipality 5 520311 9, Sushma Gywali F Chairperson Tole vikash Asan Tansen Municipality 15522715 10, Bhusan Rajlober M Tansen 9847043011 11, Ram Man Shrestha M Advisor Bhimsen Tole Vikash Tansen Municipality3 9847043595 12, Chameli Shrestha F Chairperson Tole Vikash Sanstha Tansen Municipality 5 98470129224 13, Man Mohan Shrestha M Chairperson Tansen 8, palpa Get Up Palpa 9847028885 14, Managing Director Tansen Municipalrty Tansen Municipality 9847029373 Bishnu Poudel M ------ -_ ...... -- ..... -_...... _ ...... _ ..... _ ...... - .....,3 S.N Full Name Gender Post or Occupation Office/Related Organization Address - -c~~t;;~i-N~~b~; ':1 1, Rajendra mani Lamichane M Social Service President CPN-UML LekhNath Municipality 6 9846028633 2, Tika Ram Pageni M Social Service CPN-UML LekhNath Mun icipality 14 9856024922 3, Puspa kamal Dhlmgana M Nagar Secretary UCPN(Maoist) LekhNath Municipality 12 9846385059 4, Ravi Chandra Ghimire M LekhNath Municipality Deurali 2 9846096951 5, Prakash Chandra Pagal M District Member UCPN(Maoist) LekhNath Municipality 13 9846062970 6, Hari Prasad Baral M Coordinator Rastriya Jana Morcha LekhNath Municipality3 9846024791 7, GovindaPrasad Devkota M LekhNath Municipality Aali Kaski 1 9846036350 8, Mitthu Devi DhunQana F LekhNath Municipality LekhNath Municipality 4 9846114052 9, Chandra kanta Poudel M Accountant LekhNath Municipality Office LekhNath Municipality 2 9846036321 10, Damber Bd, Thapa Municipality Vice President LekhNath Municipality 5 M Nepali Congress ------ 9846025676 11, Kopila Rana Bhatt M Chairperson LekhNath Municipality 5 9846086031 • 12, Rabindra Adhikari M LekhNath Municipality Office LekhNath Municipality 11 9846036978 13, Hridya Nath Khanal M LekhNath Municipality Office LekhNath Municipality7 9846054277 14, Ram mani Adhikari M LekhNath Municipality Office LekhNath Municipality 11 9846029105 15, Surya Mohan Adhikari M LekhNath Municipality Office LekhNath Municipality 12 9841279886 Annex 13: Plans and Policies Industrial Policy, 1992: The subsection 11.8 of the policy entails the special arrangement for the environment and industrial pollution control. It focuses to establish a separate unit in the ministry of industries to formulate policies, guidelines and standards to check and minimize the adverse effects of pollution due to industrial growth. The policy creates the room for the arrangements in the development of industries manning it with qualified and skilled manpower to conduct environmental impact assessment during the period of licensing itself. Furthermore, it emphasizes the strengthening of Nepal Bureau of Standards and Metrology for the development of standards to assess and monitor the industrial pollution. Review of 6th _10th Five Year Plan of GON from Environment Perspective: The Sixth Five Year Plan (1980-'85) gave emphasis to the theme "Conservation" during the implementation of its development programs. This policy emphasized the need for reduction of over dependence on agriculture; environment impact assessment (EIA) of development projects; and review of rules and regulations concerning the environment of the urban areas. The Seventh Five Year Plan (1985-'90) further elaborated environment friendly polices and for the first time a national level policy on environment management was incorporated in this plan. EmphaSis was also laid on the importance of public participation in the decision-making process and the role of women and non-governmental organizations in environment management. The National Conservation Strategy as well as the Master Plan for Forestry Sector was also endorsed and their implementation initiated during this plan period. The Eighth Five Year Plan (1992-'97) re-enforced environment management policies with specific reference to sustainable economic growth and poverty alleviation. The then Ministry of Population and Environment (now MoE) was established and there was an enactment of Environmental Protection Act (1996) and promulgation of Environmental Regulations (1997). The Plan emphasized the need for internalizing the Environmental Impact Assessment (EIA) system, particularly in economic development plans and programs. Improvement of legislative measures and the promotion of environmental awareness at different levels were also emphasized in the plan. A National Environmental Policy and Action Plan (NEPAP) was prepared in 1993 to facilitate integration of environmental aspects in the development process. This was prepared in response to the growing environment conservation awareness and the need to maintain a balance between the environmental conservation and development activities. The Ninth Five Year Plan (1997-2002) encompasses the principles of sustainable resource management. During the process of implementation of this plan there was a formulation of air, water, noise, and land-related pollution control management plans, vehicular emission standards was fixed, emission standards for air pollution and an appropriate management plan to check emissions from industries was fixed. The Plan also discusses environment specific issues, and programs. The Plan has emphasized the harnessing of solar energy by establishing photovoltaic systems in remote area households. The Tenth Five Year Plan (2002-2007), has been developed as the country's Poverty Reduction Strategy Paper (PRSP). EVen more than in the previous Ninth Plan, poverty reduction is the central focus of this plan. While many of the proposed development activities may well reduce vulnerability to climate risks, explicit attention to these risks is lacking. Exploration of ways to reduce climate risks, or analysis of the risks themselves, is not included. The only activities dealing directly with climate risks in the activities matrix attached to the Tenth Plan are a couple of emergency management items in the urban development section (construction of emergency shelters and provision of housing for disaster affected families). Strategies, pOliCies, and programs related to the environment in the Tenth Plan 1. The responsibility of checking vehicle emissions will be given to municipalities. 2. Formulate and enforce environmental standards. 3. Collect pollution fees and establish an Environmental Conservation Trust. 4. Develop and implement a Sustainable Development Agenda for Nepal 5. Pollution control and raising public awareness have been identified as priority programs in the environmental sector. Three-Year Interim Plan (2007-2010): The main objective of this plan is to realize changes in the life of people by reducing poverty and existing unemployment and establishing sustainable peace. In order to face the problems and challenges of environment sector, to maintain a healthy environment by making environmental management effective, and to attain sustainable development through wise use of natural resources, the policies that will be adopted by this plan are: • By emphasizing conservation of natural environment, rehabilitation and sustainable use, water, air and noise pollution reduction methods will be implemented. • By implemented the country's international commitments and conventions, treaties and agreements to which Nepal is a party, projects related to Clean Development Mechanisms will be promoted. • By strengthening environmental good governance, local bodies will be strengthened and implementation of environmental management works will be emphasized. • By creating clarity in the role and responsibility of various agencies involved in institutional development for environmental management, infrastructure related development works will be made environment-friendly. • Encouragement will be provided to carry out feasibility studies for alternative fuel development including bio-fuel. • Special priority and assistance will be provided for use of environment friendly fuel. • Rural people's lives will be improved through development of alternative energy system. Chronology of Consultations Held with Central Level Stakeholders 1. January 3, 2011 at TDF 2. January 4, 2011 at MoLD 3. January 6, 2011 DUDBC 4. January 9, 2011 DUDBC 5. January 13, 2011, Joint consultations with DLlDBC, TDF, MoLD, WB Outcomes of Consultation January 3, 2011 The social management framework consultant Mr. Hari Bhattari, EMF consultant Salil Devkota facilitated the discussion. From TDF side, Executive director Mr. Ishwor Gyawali, Director Binod Neupane, Mr. Rajendra Das Shrestha and Mr. Rajendra Bhakta Pradhanang were present. The executive director explained about the programs and modality of its operation in TDF. He has briefed about the different divisions under TDF and their roles and responsibilities. January 4, 2011 at MoLD The meeting was chaired by Mr. Reshmi Raj Pandey. Other participants of the meeting from MoLD side include Mr. Govinda Karki, under secretary, municipal planning section and Binod Prakash Singh, under secretary of environment section of MoLD. Consultant Mr. Hari Bhattarai and Salil Devkota led the discussion. Mr. Karki briefed the MoLD activities at municipal level, its modality of operation. Mr. Binod Prakash Singh mentioned about the overall environmental planning, monitoring, lEE approval process at the ministry. The local level environmental guidelines and policy developed by MoLD was also shared by joint secretary Mr. Pandey during the meeting. January 9, 2011 (at DUDBC) The consultation meeting was chaired by Dr. Mahendra Subba, DOG. Other participants of the meeting includes: Mr. Prakash Raghubanshi, SDE, Mr. Kiran Prasad Giri, Senior economist, Mr. Neelam Dongol, Engineer, Mr Orona Raj Ghimire, World Bank, Mr. Uddav Guragain, Engineer. The consultants participated in the meeting includes Hari Bhattarai, Salil Devkota, and Rajendra Giri. The meeting discussed about the content of EMF. The suggestions were provided to EMF consultant in finalizing content of EMF. The following table of content for EMF was finalized. Consultation at DUDBC The partiCipants of consultation include Dr. Mahendra Subba, DOG, Mr. Prakash Raghubansi, SDE/DUDBC, and Mr. Kiran Giri, Senior Economist. The discussion was led by consultants Mr. Salil Devkota and Mr. Hari Bhattarai. During the interaction, the vision of DLlDBC in implementing environmental and social safeguard measures was briefed by Dr. Subba also elaborated the units involved at DUDBC. He further elaborated the planning cell recently established at DUDBC to look after project specific requirements. According to him for UGDP program, any technical assistance required could even be facilitated through district level offices of DUDBC.