Environmental Impact Assessment study for Hovsan Wastewater Treatment Plant Sea Outfall Construction Section 2 : Appendices

1. APPENDIX 1 : TABLES AND FIGURES RELATED TO THE REPORT

The tables and figures attached in Appendix 1 are listed below:

Public Disclosure Authorized  Appendix 1.1 : National standard for air pollution

 Appendix 1.2 : Standards for water quality of natural water bodies

 Appendix 1.3 : Standards for water quality of irrigation water

 Appendix 1.4 : Main wastewater collectors and their catchment areas within City

 Appendix 1.5 : Characteristics and map of main storm water drainage networks

 Appendix 1.6 : Hovsan canal layout map

 Appendix 1.7 : Location of the planned WWTPs as per existing wastewater master plan;

Public Disclosure Authorized  Appendix 1.8 : Wastewater reuse network profile

 Appendix 1.9 : Sea outfall profile

Public Disclosure Authorized Public Disclosure Authorized

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Appendix 1.1 : National standard for air pollution

Pollutant Maximum allowable concentration (in mg/m3) For a given moment For 24 hours (maximum) Dust 0.15 0.03

Sulphur dioxide 0.3 0.2

Carbon monoxide 3 2

Nitrogen dioxide 0.08 0.07

Nitric oxide 0.4 0.24

Chlorine 0.05 0.03

Mercury 0.0006 0.0003

Sulphuric acid 0.3 0.1

Formaldehyde 0.02 0.005

Furfurol 0.03 …

Hydrogen sulphide 0.008 …

Hydrogen fluoride 1.02 0.003 Lead and its compounds 0.001 0.0002 (except tetraethyl lead)

Source : Ministry of Ecology and Natural Resources, 2003

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Appendix 1.2 : Standards for water quality of natural water bodies Azeri regulations includes 3 charts inserted below for reference:

Parameters Characteristics Substances in wastewater must not have odor, taste and Odor, taste must not be transmitted into fish meat 0 Water temperature must not exceed 5°C in comparison Temperature ( C) with natural temperature of water receiving body pH 6,5 – 8,5

Transparency 1 : 3

Dissolved oxygen Superior to 4,0 mg/l

Color (rate) Not applicable at this stage

(first name, second name, father name) Person responsible “______” ______2009

Table 1: General features of wastewater

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Sensitive environment Parameters Less sensitive environment (vulnerable fishes) Concentration of suspended solids in the receiving water must not be Suspended Solids increased by more than : 0.25 mg/l 0.75 mg/l When concentration of suspended solids in the receiving water exceeds 30 mg/l, then the above parameters can be equal to 5% of suspended solids concentration. It is forbidden to allow discharge of

wastewater into the environment if suspended solids in the wastewater settles down at 0.4 mm/sec while in the water body settlement speed is 0.2 mm/sec. No signs of oil products, oils, fats, or other floating substances are Floating substances permissible on the surface of water No odor, taste and color transmissible to fish meat are permissible in Color, odor and taste the water Water temperature of receiving body must not be increased by more than 50C in comparison with natural temperature of water body. Water Temperature for fish living in relatively cold water bodies must Temperature not exceed in summer 20°C in winter 5°C. In other water bodies, water temperature must not exceed 28°C in summer and 8°C in winter. Dissolved oxygen content Must be above following indicators in winter season : 6 mg/l 4 mg/l The dissolved oxygen content should not be less than 6 mg/l in

summer in all water bodies pH Must be between 6.5 and 8.5

BOD5 (20°C) must not increase the BOD5 of the water body by more than 3,0 mg/l. However, if the dissolved oxygen content of the water body exceeds BOD 5 6.0 mg/l (for Category I) and 4.0 mg/l (for category II), it is acceptable that wastewater flows which do not have an impact on these indicators be discharged into the water bodies. Discharge of toxic substances which have harmful effect on fish, Toxic substances aquatic organisms or their feeding source are not allowed Table 2: General requirements of quality of water body after discharge of effluents

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Maximum No Parameters Units concentration 1 Ammonia mg/l 0,05

2 Benzol mg/l 0,5

3 Boric acid mg/l 0,1

4 Hexachloran mg/l Prohibited

5 Dissolvent mg/l 0,9

6 Cadmium (Cd2+) mg/l 0,005

7 Cobalt (Co2+) mg/l 0,01

9 Magnesium (Mg2+) mg/l 50,0

9 Copper (Cu2+) mg/l 0,01

10 Arsenic mg/l 0,05

11 Nickel (Ni2+) mg/l 0,01

12 Oxidized oil acids mg/l 3,9

13 Petrolatum (paraffin and ceresin) mg/l 6,5

14 Lead (Pb2+) mg/l 0,1

15 Free chlorine (Cl-) mg/l Prohibited

16 Zink (Zn2+) mg/l 0,01

17 Carbon sulphide mg/l 1,0

18 Cyanide mg/l 0,05

19 Trichlorfon mg/l Prohibited

20 Formalin mg/l 0,25

21 Alkil sulfonate mg/l 0,5

22 Prime alkyl sulfate mg/l 0,2

23 Carbomol mg/l 1,0

24 Metazine mg/l 1,0

25 Chromolan mg/l 0,5

26 Xylene mg/l 0,05

27 Styrene mg/l 0,1

28 Toluene mg/l 0,5

29 Oil and oil related products mg/l 0,05

30 Phenol mg/l 0,001 Table 3: Toxic substances requirements of quality of water body after discharge of effluents

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For Hovsan WWTP, based on the above mentioned charts, the regulation is as follows :

Parameter Unit Permissible level

pH 6.5 - 8.5

NH4 mg/l 0.5

NO2 mg/l 0.08

Suspended Solids (SS) mg/l 4.25 SSAM (synthetic surface Active mg/l 1.0 substances) Oil and grease mg/l 0.6

BOD5 mg/l 3 Table 4: Regulation applicable to Hovsan WWTP effluent

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Appendix 1.3 : Standards for water quality of irrigation water

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Appendix 1.4 : Main wastewater collectors and their catchment areas within Baku City

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Appendix 1.5 : Characteristics and map of main storm water drainage networks

Average flow N° on Total Discharge Name of collector Dimensions Location discharge at map length point storm collector 700 mm 1 Aziz (Niyazi) 889 m Akhundov garden – A. Javad street – A. Aliyev street – sea Baku bight diameter 2400 x 1000 6-9 – micro-rayons – Vorovski district, Azadlig ave. – Yusufbeyli street – M. 3 2 Azadlig 6700 m Baku bight 24 000 m /day) mm Gashgay street – Vagif ave. – R. Behbudov street – Badalbeyli street – sea 1200 mm M. Hadi street – Ashig Alesger street – Ukrayna circle – industrial complex 3 3 Ahmedli 13482 m Baku bight 16 000 m /day diameter after Z. Taghiyev – sea 2000 x 1000 J. Jabbarli street – S. Gurbanov street – Fizuli square – Rafibeyli street – Y. 4 Yusif Mammadaliyev 2643 m Baku bight mm Mammadaliyev street – sea 800 x 750 3 5 Rikhard Zorge 1377 m Kovser Safaraliyev street - 28 May street – R. Zorge street – sea Baku bight 1 500 m /day mm 1700 x 1250 3 6 Keshla storm 8849 m Ulduz metro station – ave. – Nizami park – sea Baku bight 200 000 m /day mm, 2000 x 950 Khatai metro station – Zavokzalni rayon – Khatai ave. – Y. Safarov street – 3 7 Y. Safarov 2754 m Baku bight 12 000 m /day mm sea 8 Gunashli region 9000 m Yeni Guneshli region – Zeytunlug - sea Baku bight

th 1000 mm Neftchiler metro station – Restamov street – Choban-zade street – Auto 3 9 8 km storm 6870 m Baku bight 71 000 m /day diameter market – Ahmadli village – Zigh region – sea Sharifzade street – Tiflis ave. – J. Mammadguluzade street – A. 1000 x 2400 10 Samad Vurghun 5947 m Huseynzade street – Mardanov Gardashlari street – Fizuli street – Bulbul Baku bight mm ave. – Nizami street – S. Vurghun street – Neftchiler ave. – sea.

TOTAL 324 000 m3/day Characteristics of main drainage pipeworks

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7 6

5 5 9 2 1 4 10 3

8

Storm drainage system of Baku City

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Appendix 1.6 : Hovsan canal layout map

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Appendix 1.7 : Location of the planned WWTPs as per existing wastewater master plan;

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Appendix 1.8 : Wastewater reuse network profile

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Appendix 1.9 : Sea outfall profile

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2. APPENDIX 2 : TERMS OF REFERENCE OF THE EIA STUDY

We have attached below an extract of the ToR for references with the different tasks identified.

The study area is the geographical area of the Baku/Hovsan area and its immediate land and marine surroundings.

Task 1 Brief outline of region (Baku) and description of proposed outfall investment

9. The Consultant should provide a brief description of typical features of Baku city and its corresponding region in terms of current population, economic activities, geography, and environment. Then, from site visits and available technical documents (e.g., preliminary designs, feasibility study, environmental studies and approvals, environmental monitoring reports, permits, etc.) the Consultant should provide a brief description of the relevant aspects of the investment, using maps (at appropriate scale) where necessary, and including the following information: location, general layout, size, pre-construction and construction activities, projected schedule, staffing and support, facilities and services, operation and maintenance activities, required off-site investments.

The E IA should be integrated with the project feasibility studies. In the context of the sea outfall investment, establishment of proper environmental baseline conditions at and around the future project location is critical for the assessment of the overall environmental benefits related to such outfall construction. Specific data collections should include the following aspects:

 Physico-Chemical parameters at the shoreline in five points, one on the current discharge site and two at each side at 100 and 500 meters respectively: oxygen demands, suspended solids/turbidity pH, temperature dissolved oxygen, specific conductance and nutrients (N-ammonia and P) - 4 samples for each pararameter in 3 different days;

 Sediment at the shore along the project area and at the bottom of the area selected for outlet discharge - (e.g. collection of one single sample in 4 locations at the shore and 2 locations around the discharge)- samples will be analyzed for metals, PCBs, and PAHs; results should be compared with a toxicity-based guideline (international standards);

 Bacteria Monitoring – one set of samples for monitoring bacteria level (e.g. , E. Coli) under both dry and wet weather in 4 locations along the shore (where the current discharge is); the results will be compared to bathing water quality standards;

 Marine habitat assessment along the proposed outfall alignments (two) and in the alternative disposal sites (four) - identify existing fish-habitat and those fish communities and other biota associated with a particular habitat, particularly seabed organisms;

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 Aesthetic indicators in the shoreline- document based on visual observation the following aesthetic indicators - water clarity, odor, color, visible debris and sig of visual pollution.

AzerSu will provide to the Consultant copies of all the relevant technical documentation , including the results of the studies mentioned above if available. The Consultant shall be responsible for the review of the available data and documentation and based on that shall be responsible for preparation of scope for additional field studies/surveys and for all necessary field data that are missing in previous studies and required for the complete description of the proposed new sea outfall construction. The Consultant will supervise the field studies/survey and interpret the results of these. The bibliography of prior work will be referenced in the EIA document.

Task 2 Description of Existing Ecological Conditions

10. The Consultant will review, evaluate and present baseline data on the relevant marine environment and adjacent coastline characteristics within the project area taking into account the present land/coastal activities. Specifically, the baseline conditions should include information on:

(a) Physical environment: geology, topography, sediments/soils, surface and ground water hydrology, land pollution, receiving water quality (e.g. wastewater flows), air quality and sources of air emissions, integration of the investment in its urban environment (e.g., the sewage network and wastewater treatment plant, rail/roads, the port/Caspian Sea transport activities);

(b) Meteorology/Oceanography conditions: wind patterns, monthly average temperatures, rainfall, snowfall and runoff characteristics; extreme storm and precipitation events and other natural disasters (e.g., earthquake);

(c) Biological environment: existing terrestrial and marine environment (flora and fauna) at the site; particular rare and endangered species; microbiological marine activity; sensitive habitats, in areas likely to be affected by construction; species of commercial importance;

(d) Socio-cultural environment: community structure around the investment area; inventory of community activities (e.g., fishing, industry, beach); distribution of income, goods and services; cultural assets;

(e) Waste Water Treatment Plant: data collection and evaluation should also include qualitative and quantitative information related to the current WWTP operation.

Task 3 Legislative framework

11. The Consultant shall review new government legislation, decisions and/or guidance notes relevant to the environment quality, health and safety, waste management, hazardous substance storage and handling; noise emissions; protection of sensitive areas and endangered species, land-use planning, involuntary resettlement and expropriation; public information; etc. determining their relevance to the project. The Consultant shall assess the institutional arrangements for EA including the mechanisms

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and responsibilities for environmental screening and the review of EA results. This should include a review of institutional capacity for the supervision and enforcement of EMPs during construction and operation. The consultant shall reference any international and relevant legislation or agreement applicable to the project (e.g., MARPOL and OPRC).

Task 4 Determination of potential impacts of the proposed sea outfall construction and operation on the marine and coastal environment

12. The Consultant shall identify significant positive and negative impacts, direct, indirect and cumulative impacts, and immediate and long-term impacts related to the construction phase of the proposed sea outfall as well as during its operation phase. For this task the Consultant will review the environmental aspects presented in the FS developed for the suitable design of this sea outfall as well as other relevant environmental and technical documents. The EIA consultant shall use and interpret the modeling results prepared by Feasibility Study consultants regarding the possible environmental impacts to the discharge area and along the shore affiliated with the options modeled and explore potential accumulative effects with other existing or planned discharges The Consultant shall also assess the impacts related to different possible effluent quality of treated waste water to allow clear assessment of possible impacts on water quality and aquatic life at the project location;

13. Impacts during construction phase may focus on: impacts caused by dredging; disturbance of marine ecosystem; impacts of possible coastal industrial activities (e.g., wastewater treatment plant); contamination of surface and groundwater by use of fuels, accidental oil and chemical spills, construction materials, and transport activity; soil contamination; waste storage; noise and air emissions; natural disasters (storms); workers health and safety;

14. Impacts during the operation phase (the impact of the selected disposal option on the marine and adjacent coastline) may include analysis on: design considerations including dilution and dispersion of the outfall discharge; type of treatment; choice of pipe materials, and method of laying; impact from marine traffic activity and other contributing land based activities; overall impact on beaches and marine life;

15. The Consultant shall propose mitigation measures and affiliated estimated costs for each of the above identified impacts that will represent the content/summary of an Environmental Mitigation Plan for the outfall investment during its construction as well as the operation phases. The Mitigation Plan is part of the overall project Environmental Management Plan (Task 6).

Task 5 Analysis of Alternatives to the Proposed Outfall Construction Design

16. The Consultant shall review the available technical documents (FS) and summarize alternatives proposed by the Feasibility Study consultant. . Such alternatives could be related to different options in terms of outfall design, selection of site, construction techniques, wastewater treatment process, and project phasing, operating

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and maintenance activities as well as reuse of waste water for irrigation purposes. The Consultant shall briefly compare these alternatives in terms of potential environmental impacts, cost and benefits. The Consultant shall not consider the assessment of disinfection (upgrading of WWTP to treated carbon, nitrogen and phosphorous pollution and disinfection and consequently no construction of a sea outfall) since this treatment process is not recommended in this investment case given the sensitivity of the Caspian Sea ecosystems that could be impacted by disinfection by-products.

Task 6 Environmental Management Plan (EMP)

17. The Consultant shall prepare the investment Environmental Management Plan (EMP) including a clear Mitigation Plan and a Monitoring Plan according to the Bank requirements of the OP 4.01 (Annex). The EMP should clearly present estimated costs affiliated with proposed mitigation and monitoring actions as well as the institutions responsible for the EMP implementation during works as well as during the outfall operation phase. Also, the EMP should include proposed staffing and training requirements related to EMP implementation, institutional needs, and other necessary support for proper EMP implementation.

18. The Mitigation Plan shall present the mitigation measures related to prevent or reduce the possible project environmental impacts as well as the approximate costs for these measures. The list of mitigation measures should be recommended based on existing and new regulations and enforcement incentives, installation of control equipment, implementation of new procedures, landscaping of the coastal zone, etc.

19. The Monitoring Plan should propose a plan of feasible actions to monitor the implementation of the mitigation measures proposed in the Mitigation Plan and the impacts of the project during the construction and specially operation of the outfall. Specifically, the Monitoring Plan should include a proper sampling program for the monitoring of the sea and coastal adjacent to the outfall since the beginning of its operation and in accordance with the outfall permit. Such program should include sampling on water quality (chemical, physical and bacteriological aspects); sediment quality (physical and chemical aspects); and the biota (e.g., sampling for water quality at current discharge location and 100 m, 500 m from it and other representative locations along the shore, 4 times annually during operation). The Monitoring Plan should include an estimate of costs required to successfully implement such program as well as the parties responsible to carry out this plan.

20. The overall project EMP shall be prepared in such way that could be easily integrated in the tender documents for the Contractors who will perform the proposed civil works affiliated with the project investments. This will assure proper implementation of such EMP during the course of the project civil works.

Task 7 Public Consultations

27. The Consultant will assist the AzerSu in carrying-out the public consultation and disclosure process for this EIA report to allow public awareness of the selected outfall investment and the envisaged related environmental and social impacts. The Consultant will organize in collaboration with AzerSu one public meeting to present the draft EIA when available. Minutes including questions and answers from this meeting (as well as

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other discussions held during the EA process) should be included in the final draft EIA report. The public meeting should be announced in mass-media one week ahead of the meeting, and active NGOs as well as local authorities, local research institutes, governmental representatives and project affected people should be invited. The draft EIA should be made publicly accessible by posting it on the AzerSu website in Azeri language before the date of the public meeting.

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3. APPENDIX 3 : SYNTHESIS OF SPECIFIC FIELD SURVEY ANALYSIS

Extracts from the field survey analyses attached in this appendix are listed below :

 Appendix 3.1 : Terms of reference prepared by FS/EIA consultants for specific field survey analysis

 Appendix 3.2 : Analysis of wastewater at 4 different locations of Hovsan WWTP;

 Appendix 3.3 : Physico-chemical analysis results of seawater

 Appendix 3.4 : Physico-chemical analysis results of sediments

 Appendix 3.5 : Biological and environmental analysis results of seawater and sediments

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Appendix 3.1 : Terms of reference prepared by EIA consultant for specific field survey analysis

1. Introduction 1.1. Objective of the Field Studies These Terms of Reference have been prepared for the field studies needed for the environmental impact assessment study of the Hövsan WWTP Sea Outfall construction project. These field studies are necessary to characterize the existing environment near the project location. 1.2. Rationale To the owner (Azersu, the Azeri State Water Agency), the need for a wastewater outfall is urgent. For this purpose, an international consultant is preparing the environmental impact assessment study of the Project. To prepare the baseline data, very specific field studies/surveys are required. This document defines the scope of such studies/surveys. 2. Field Studies/Surveys in the sea 2.1. Survey Area Description: Treated wastewaters from Hovsan wastewater treatment plant will be conveyed to the Caspian Sea through a pipeline, approximately 1 km long, on the south direction and will be discharged through a discharge pipe and diffusers on the south-southeast direction to the water at a depth of -10 m. The length of the discharge pipe, including the diffusers would be approximately 8 km. In Figure 1, the defined project area is shown. The approximate location of Point A is 6 km from the beach. The approximate location of Point B is 8.5 km from the beach. The services covered within this part LOT 1 are described below :

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Figure 1. Survey Area 2.2. Scope of the Studies/Surveys: Following studies/surveys will be performed;

(a) Sampling locations Sampling of seawater and sediments shall be carried out at the locations indicated in the following Table 1

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Table 1 Sampling locations Approximate Approximate Analyses to be performed (see GPS Coordinates distance Observations sea depth Table 2a and 2b) from coast 40°21.369’ N At the discharge 0 m 0 SW_1 + SED 50°02.834’ E point of wastewater

40°21.188’ N 400 m 2 SW_1 + SED 50°02.968’ E

40°20.689’ N 1500 m 4 SED_1 + SED 50°03.393’ E Mid-distance 40°20.008’ N SW_1 + SW_2 + SED + PLKT + between sea shore 3000 m 6 50°03.972’ E BENTH + FLOR and small submarine ridge 40°19.328’N 4500 m 7.4 SW_1 + SED 50°04.551’E

40°18.692’ N 5900 m 4 SED 50°05.091’ E

40°18.602’ N 6100 m 2 SW_1 + SED 50°05.168’ E

40°18.556’ N SW_1 + SW_2 + SED+ PLKT + Top of the small 6200 m 0.3 50°05.207’ E BENTH + FLOR submarine ridge

40°18.420’ N 6500 m 2 SW_1 + SED 50°05.322’ E

40°18.329’ N 6700 m 4 SW_1 + SED 50°05.400’ E

40°18.102’ N SW_1 + SW_2 + SED+ PLKT + 7200 m 6 Diffuser location 50°05.593’ E BENTH + FLOR

40°17.821’ N 7800 8 SW_1 + SED 50°05.832’ E

(b) Sampling Protocol and Methodology All methods used for sampling (sampling tools, vessel material and volume, etc.), sample treatment (sieving, addition of acid, etc.) and preservation (addition of formalin, freezing, refrigeration,etc.), counting and measuring shall be compliant with international standards except if clearly specified in the following Tables 2a and 2b.

(c) Data to be collected One to six different sets of analyses shall be performed on sea water or sediments as indicated in Table 1. The different parameters to be measured in each set are described in the following Table 2a and 2b.

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Table 2a Analyses to be preformed (1rst part: physical – chemical – sanitary features)

Code SW_1 SW_2 SED

Medium Sea Water Sea Water Sediments

3 replicates/location 3 replicates /location 3 replicates /location Sampling Sampling sea water at 1m depth Sampling sea water at 1m depth Sampling bottom sediments by grab over 0.1 m2 * 15cm

Physical – chemical parameters Inorganic micro pollutants Physical – chemical parameters - pH - arsenic (µg As/l) - % size < 80 microm - transparency Secchi (cm) - mercury (µg Hg/l) - carbonate content (% weight) - total suspended solids (mg/l) - cadmium (µg/ Cd/l) - size distribution on decarbonated - salinity (mg/l) - copper (µg Cu/l) sediment (% by size for elements > 80 - dissolved O2 (mgO2/l) - cobalt (µg Co/l) microm) - nitric nitrogen (mg NO3/l) - lead (µg Pb/l) - organic matters (mg C / g Dry Solid) - nitrous nitrogen (mg NO2/l) - nickel (µg Ni/l) - total hydrocarbons by extraction (mg C / - ammonium nitrogen (mg/NH4/l) g Dry Solid) - total phosphorus (mg P/l) Organic pollutants - total hydrocarbons (mg/l) - total PAH (µg/l) Inorganic pollutants Parameters - arsenic (mg As/kg DS) Eutrophication indicators - cadmium (mg Cd/kg DS) - chlorophyll a (mg/l) - chromium (mg Cr/kg DS) - copper (mg Cu/kg DS) Microbiological parameters - cobalt (mg Co/kg DS) - fecal coliforms (No/100 ml) - mercury (mg Hg/kg DS) - total coliforms (No/100 ml) - lead (mg Pb/kg DS) - nickel (mg Ni/kg DS)

Organic pollutants - total PAH (µg/kg DS)

For each parameter : 3 values + mean For each parameter : 3 values + For each parameter : 3 values + mean Results mean

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Table 2b Analyses to be performed (2nd part: biological features)

Code PLKT BENTH FLOR Environmental Pelagic zooplankton (adult) Benthic Communities Marine Macro-flora component

3 replicates per location 3 replicates per location Diving and observing along two perpendicular 100m Sampling of sea water on the all depth with 200-300 Sampling sediment by grab over at least of 0.1 m2 + long transects (one following the outfall route) Sampling µm net equipped with flowmeter pass through a 0.5 mm sieve Low towing speed (< 3knots) (only macro-benthos will be studied) Preservation in 2% formalin Preservation in 4% formalin

- mass of zooplankton (mg/l wet) - total biomass of macro-benthos (mg/l) - presence and abundance of benthic macro-algae - number of zooplancktonic individual organisms - biomass of major taxonomic groups (bivalve (% coverage or No/m2) (No/l) molluscs, gastropod molluscs, amphipoda, - presence and abundance of sea weeds - number of comb-jelly fish Mnemiopsis (No/m3) cumacea, oligochaetes, polychaetes, etc.) and (phanerogams) (% coverage or No/m2) - number of other jelly fish (No/m3) distribution of taxa - number of individuals by species

Parameters If possible: - number of suspension feeding organisms - number organisms feeding on suspended material or detritus on the sediment surface - number of organisms feeding on surface detritus - number of organisms feeding on detritus below the surface

For each parameter : 3 values + mean If possible, establish: Above indicated parameters Results - the Shannon-Wiener diversity index If possible video and pictures - the Pielou Eveness index

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3. Field surveys / analysis at the WWTP 3.1 Sampling points The locations of the sampling points are labelled in Figure1. a) on the inlet of Hövsan WWTP (influent) b) on the outlet of Grit Chambers c) on the outlet of the Primary Sedimentation Tanks d) on the outlet of Hövsan WWTP (effluent) At each location, two samples will be taken on the same day (say Tuesday) of two consequent weeks and analysed in an independent accredited laboratory.

Figure 2. : Locations of Sampling Points

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3.2. Analysis Parameters: The following physical, chemical and biological parameters will be analysed in an accredited independent laboratory:

Table 3 List of Analyses to be performed Parameters/Elements Temperature (°C) pH Dissolved Oxygen (DO) Suspended Solid (SS) Colour (Pt-Co)

Biological Oxygen Demand (BOD5) Total Coliform (1/100 ml) Fecal Coliform (1/100 ml) Bacterial die off (T90) Oil and Grease 6 EC25x10 Sodium (Na) Sodium Absorption Ratio (SAR) Sodium Carbonate Residue (mg/l) Chlorine (mg/l) Sulfate (mg/l) Total Salt Concentration (mg/l) Bore Concentration (mg/l)

Irrigation Water Class - - Nitrit (NO2 ) and Nitrat (NO3 ) + Ammonium Nitrogen (NH4 ) Total Phosphorus (P) Total Organic Carbon Mercury (Hg) Cyanide (CN) Aluminum (Al) Arsenic (As) Beryllium (Be) Bore (B) Cadmium (Cd) Crome (Cr)

Cobalt (Co) Cupper (Cu) Fluorine (F) Iron (Fe) Lead (Pb) Lithium (Li) Manganese (Mn) Molybdenum (Mo) Nickel (Ni) Selenium (Se) Vanadium (V) Zinc (Zn)

3. Deliverables: The Field Survey Contractor will provide the following deliverables:  For sea water and sediments analysis :  protocols and methodology used for all performed sampling and analyses

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 for each sample : verification of location with GPS, date and time of sampling, possible observation and non compliance  results as described in Tables 2a and 2b  Photographic and video Information  For wastewater analysis :  protocols and methodology used for all performed sampling and analyses  for each sample : date and time of sampling, possible observation and non compliance  results as described in Table in §3.2

2 copies of the survey reports, (in English and Azeri languages) will be delivered in hard copies and in CD format using XLS and DOC formats.

4. Reporting Results of the surveys will be given reported in Azeri and English languages including data and graphics.

5. Work Plan The Field Survey Contractor will carry out and complete the surveys as per the work plan indicated in Table 4.

Table 4. Work Plan Task Month 1 Month 2

1. Mobilize X

2. Surveys XX

3. Prepare and Submit Survey Results, and Report XX

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Appendix 3.2 : Analysis of wastewater at 4 different locations of Hovsan WWTP

St 1 St 2 St 3 St 4

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Appendix 3.3 : Physico-chemical analyses results of seawater

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Appendix 3.4 : Physico-chemical analyses results of sediments

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Appendix 3.5 : Biological and environmental analysis results of sediments

In September, 15th, 2009 spent additional field works on sampling of phytoplankton, a zooplankton and benthos. Field works were spent on a design site according to technical to the task and on the sites, specified in table 1. During expedition hydrobionts are collected by bathometer, plankton net, bottom ladle, conserved in formalin and transported to the laboratory, hydrobionts are studied with microscopes.

Results of laboratory definitions are resulted on tables 2, 3, 4.

Table 1: Sampling locations Approximate Number Approximate Analyses to be GPS Coordinates distance from Observations of station sea depth performed coast Mid-distance 40°20.008’ N PLKT + BENTH between sea 3000 m 6 1 50°03.972’ E + FLOR shore and small submarine ridge 40°18.556’ N PLKT + BENTH Top of the small 6200 m 0.3 2 50°05.207’ E + FLOR submarine ridge

40°18.102’ N PLKT + BENTH 7200 m 6 Diffuser location 3 50°05.593’ E + FLOR

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Table 2. Species structure, number (N, million number/m³) and a biomass (B, mg/m³) Phytoplankton in the project zone

15.09.2009

Species St 1 St 2 St 3

N B N B N B Cyanophyta

Gloecapsa minuta Kütz 0,7 40 0,5 30 0.3 20

Lyngba limnetica Lemm. 0,8 150 0,8 150 0,6 1200

Microcystis pulverea Elenk. 1,32 6600 1.2 6000 1,0 5000

Bacillariophyta Rhizosolenia calcaravis 0.6 10200 0,4 6800 0,3 3400 Schhultze Chaetoceros wighamii Brigtw. 0,4 400 0,6 600 0,3 5100

Sceletonema costatum (Grev.) 0,9 320 1,0 350 1,0 350 Thallasionema nitzschioides 0,4 200 0,5 250 0,5 250 Grun. Thallassiosira decipiens Grun. 0,2 100 0,2 100 0,1 70

Cholorophyta

Pediastrum duplex Meyen. 1.0 2100 1,2 2400 1.0 2200

Oocystis lacustrix Chodat. 0,1 200 0,1 200 0.1 200

Binuclearia lauterbornii Pr.-lavr. 0,5 70 0,4 60 0.3 40

Dinophyta

Prorocentrum chodata Ostf. 3,0 6300 1,5 3000 1,0 2000

Goniaulax digitale Kof. 0,1 5000 0,1 5000 0,1 5000

Total biomass 31680 24940 24830

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Table 3. Species structure, number (N, number/m²) and biomass (B, g/m²) of benthos in a project zone

St 1 St 2 St 3 Species N B N B N B

Nematodes

1 Nematodes sp. ------

Polychaeta

2 Nereis diversicolor 850 32,3 900 44,1 850 83,3

3 N.succinea 310 11,8 460 22,54 350 34,4

Cirripedia

4 Balanus improvisus 40 3,2 - - - -

Amphioda

5 Niphargoides maeoticus 80 0,24 - - 40 0,1

6 N.grimmi ------

Decapoda

7 Rhithropanopeus harrisi 40 17,8 - - - - tridentatus Bivalvia 8 Mytilaster lineatus 40 11,4 40 2,96 40 7,4 9 Cerastoderma lamarcki - - 80 4,0 120 21,2 10 Abra ovata - - 80 32,6 - - Bryozoa 11 Conopeum seuratii + 2,0 + 2,32 + 0,32

Total: 1400 79,66 1560 108,52 1400 146,6

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Table 4. Species structure, number (N, number/m³) and biomass (B, g/m³) of zooplankton in the project zone

St 1 St 2 St 3 Növlər N B N B N B

Rotatoria

Keratella tropika Apstein 10 0,002 8 0,001 7 0,001

Synchaeta stylata Wierzejski 8 0,16 6 0,12 10 0,20

Cladocera

Cercopagis pengoi Ostr. 6 0,9 4 0,60 8 1,2

Pleopsis polyphemodies Le. 5 0,15 3 0,09 5 0,15

Eurytemora grimmi G.O.Sars 4 0,32 3 0,24 4 0,32 Calanipeda aquae dulcis 5 0,14 3 0,08 5 0,14 Kritsch. Heterocope caspia Sars 4 0,3 4 0,3 6 0,45

Acartia tonsa Dana 12 0,78 10 0,65 15 0,10

Ctenophora

Mnemiopsis leidiyi Agassiz 40 - 40 - 40 -

And Others

Roe mollusca 8 0,08 5 0,05 10 0,10

Roe Balanus 19 0,19 15 0,15 12 0,12

Roe Copepoda 15 0,03 17 0,03 18 0,04

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4. APPENDIX 4 : POWERPOINT PRESENTATION, MINUTES OF INITIAL PUBLIC MEETING AND ATTENDANCE LIST

We have attached herewith: - The powerpoint presentation that was made at the initial public meeting; - the minutes of initial public meeting, - the attendance list for the initial public meeting, - the advertisement in newspaper for the final public meeting. - The powerpoint presentation that was made at the final public meeting; - the minutes of final public meeting, - the attendance list for the final public meeting,

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NATIONAL WATER SUPPLY AND SANITATION PROJECT ENVIRONMENTAL IMPACT ASSESSMENT FOR HOVSAN WASTEWATER TREATMENT PLANT DEEP SEA OUTFALL CONSTRUCTION

MINUTES OF FINAL PUBLIC CONSULTATION

Public consultation on the Environmental Impact Assessment for Hovsan Wastewater Treatment Plant Deep Sea Outfall Construction (EIA) prepared under National Water Supply and Sanitation Project was held in the conference hall of “Azersu” JSC on November 12, 2009 at 15:00 AM.

The public was informed about the meeting in advance (newspaper announcement on November 6, 2009.

On November 5, 2009, invitations were sent to five NGO’s, Executive Power of Surakhani district and Municipality of Hovsan settlement and representation of Surakhani district in the Hovsan settlement.

On November 6, 2009, the draft final EIA report in Azeri version was posted on Azersu’s site.

The meeting was attended by following members of different organizations:

Farruh Heybatov - Representative of «Azersu» JSC; Olivier Duthoit - Project Director of SEURECA (consortium of companies SEURECA/ASPI Consulting Engineers, Inc.,) Ibrahim Mammadzadeh - Managing Director of ASPI Consulting Engineers, Inc., Shamil Ismailov - Consultant of ASPI Consulting Engineers, Inc. Umit Naji Tezchan - Representative of SEYASH company (Turkey), Abulfat Abdullaev - Chief engineer of Baku Sanitation Service Department Abbas Aliguliyev - Head of laboratory of Baku Sanitation Service Department Leyla Tagizade - Head of department of Center on Hygiene and Epidemiology of Ministry of Health Agasalim Aliyev - Representative of Surakhani executive authority Elbrus Khalilov - Deputy head of Hovsan resettlement municipality; Rowshan Aliyev - Director of Baku Fish Port; Mamed Abdullaev - Head of National Water Supply and Sanitation PIU of Amelioration and Water Farming JSC; Adil Gafarli - Engineer of National Water Supply and Sanitation PIU of Amelioration and Water Farming JSC; Azad Musayev - Representative of Ministry of Economic Development Irada Ibrahimova - Representative of ecological department of State Oil Company; Akif Mirzayev - Representative of ecological department of State Oil Company; Anar Badalov - Ecologist of Apsheron Operating Co./Hovsan branch of SOCAR; Farida Huseynova - NGO “Green Movement”; Fuad Akhundzade - NGO “Nature and Life”; Ilyas Babayev - NGO “Ecology and Birds Protection”; Muzahim Alekperov - Journalist of “Respublika” newspaper Tatyana Javanshir - Head of EIA department of Ministry of Ecology and Natural Resources Elkhan Tariverdiyev - Representative of Ministry of Emergency Situations Shakir Ibrahimov - Representative of Ministry of Communication and Information Technology Arif Aliyev - Head of technical department of Azersu JSC; Eyub Ismailov - Deputy of head of technical department of Azersu JSC;

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Telman Agayev - Chief advisor of Azersu JSC; Akshin Rustamov - Chief of PR of Azersu JSC; Alizaman Hasanov - Chief technologist of Water Supply division of Azersu JSC; Fazil Abilov - Deputy of director Research Institute of Azersu JSC; Vladlen Aleskerov - Specialist of Research Institute of Azersu JSC; Fizuli Ahmedov - Specialist of Research Institute of Azersu JSC; Zever Tarihazer - Specialist of monitoring laboratory of specialist of Research Institute of Azersu JSC; Marina Poberejnaya - Specialist of Research Institute of Azersu JSC;

Mr. Ibrahim Mammadzadeh, managing director of ASPI Consulting Engineers, Inc. opened the meeting and gave brief information about the draft final EIA report. He mentioned the importance of this project for improvement of environmental conditions of the Apsheron peninsula and Caspian Sea and expressed gratitude to various ministries and departments that had submitted the necessary materials for its implementation, as well as participants of the presentation.

EIA presentation was introduced by Mr. Olivier Duthoit, Project Director, who detailed the main sections of the project including project setting, policy, legal, and administrative framework, Baku sewage disposal project, baseline data, environmental impacts and analysis of alternatives, Environmental Management Plan and steps of its implementation and summarized conclusion.

The presentation was followed by broad discussions. The questions and suggestions arisen in the discussions are given below

Leyla Tagizade Chief of Center on Hygiene and Epidemiology of Ministry of Health

After reviewing the presentation of the project, I think there is a need to clarify some of its data. The presentation referred to the third alternative - the use of treated wastewater for irrigation. What kind of irrigation are we talking about? Our Center is prohibiting watering agricultural crops with treated effluent. It can only be decorative trees. Marine Pollution of Hovsan zone continues to be significant, this year our Center has prohibited public swimming at the beach of Hovsan. We hope that after the reconstruction of Hovsan treatment facilities, the situation will change. In addition, the presentation discussed the possibilities of application of European standards for the discharge of effluents into the sea. I believe that the application of these standards is unacceptable for us, due to the fact that Caspian Sea is an enclosed water body.

Irada Ibrahimova Chief engineer of State Oil Company

We know that petroleum products enter urban sewage system. How the treatment of these industrial effluents are taken into account in the project? Because the cleaning process of industrial wastewater is different from urban wastewater treatment?

Farida Huseynova Head of the NGO “Green Movement”

Hovsan Wastewater Treatment Plant is being renovated but we do not know what technology is used at the treatment plant? Why not use modern technology? We must be sure that waste water treatment and discharge into the sea will eventually eliminate their harmful effects. The situation is quite critical because city sewers receive oil products from various businesses. Due to this situation, local population can not swim in the sea. It was originally intended to use the length of 8 km, why did you consider alternative of 5 km?

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Was information on today's presentation published in the press for review by the public? Can we get a copy of the report on today's presentation?

Fizuli Ahmedov Senior Researcher of “Sukanal" Department

When designing your project, did you consider zone of pollution? How did you determine the parameters of that zone, and on which method? For Caspian Sea, oil pollution is characteristic therefore not only pollution index should be considered. For example, based on the experimental work at sea, we have developed a mathematical model of the discharge of effluents into the sea which takes into account various conditions and factors affecting the pollution plume. It also considers processes of diffusion and chemical and biological transformations.

Telman Agayev Principal Adviser of Azersu JSC

Where did you take data on the population of Baku, as well as the average life expectancy of the population? I think that these data should be clarified.

Alasgarov Vladlen Chief Specialist of “Sukanal”

“Sukanal” is now the leading organization in the country to issue recommendations on the issues of wastewater. Do you know about our projects? Usually, the calculation of discharges into the sea is about BOD, why in your project output calculation was carried out in terms of total coliforms?

Fuad Akhundzade Head of NGO "Nature and Man"

The presented project is very difficult, and we must take into account the opinion of many ministries and agencies concerned including workers' health services. I believe that the release of effluents into the sea should be monitored on long-term basis. This will allow us to inform the public about the level of pollution into the sea and thus ensure their safety timely. This work should contribute to NGOs of the republic. I also want to raise the issue of sludge disposal at the Hovsan wastewater treatment plant. If we talk about the rehabilitation of the treatment plant, you need to solve the problem of sludge disposal which is not carried out properly and generates stinking smell of decaying which affects population of Hovsan. These deposits must be properly processed, and somehow deposited in a proper way.

Akif Mirzoev Representative of Ecological Department of State Oil company

In recent years, the country has carried out a number of important environmental projects. Today we heard a presentation of the final phase of another project. Implementation of this project should be welcomed by us. Parties of the project worked closely and visited our chemical and bacteriological laboratory. Employees of our organization regularly carry out environmental monitoring of various sites and we are ready to assist in carrying out different environmental projects.

Tatyana Javanshir Head of EIA department of Ministry of Ecology and Natural Resources

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Was this project approved by Ministry of Ecology and when this EIA will be sent to us for expertise?

All above questions were answered with necessary details by project team and representatives of feasibility study and attendants exchanged their thoughts on the given task.

Main conclusions:

- We are very concerned about the fact that the sea coast in the Hovsan district is heavily polluted. We hope that, after the reconstruction outfall structure, the situation will significantly improve. Also it is planned to build a treatment plant on the Hovsan coast which will treat waste- water coming from Hovsan channel into the sea, and which is one of the main pollutants of the sea.

- With regard to questions about petroleum products entering urban sewer, Azersu should make sure that there are local preliminary treatment at each enterprise as Hovsan WWTP is not designed to treat industrial effluents. Industrial effluents discharged into public network should comply with regulations.

- The third alternative is the reuse of treated wastewater. We certainly had in mind to use treated wastewater for irrigation of decorative trees only. After consultation with your specialists, we have found that now, in the republic, there is not a regulatory framework for the use of treated effluent for irrigation. Furthermore, it became clear that the total irrigated lands in Absheron peninsula has sharply declined during recent years.

- Information about our project, as well as EIA report in Azery and English languages has been posted on the Web site of "Azersu» JSC (www.azersu.az). Information on holding a public discussion was published in the newspaper "Republic" from 6 November 2009. We have invited six NGOs to the ceremony of presentation.

At the end, Mr. Ibrahim Mammadzadeh thanked the participants and announced the meeting closed.

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5. APPENDIX 5 : BIBLIOGRAPHY

Bektashi L & Cherp A. 2002. Evolution and current state of environmental assessment in Impact Assessment and Project Appraisal. 11p. The Caspian Environmental Programme - IMO. 2007. Regional Workshop: Caspian Sea Ballast Water Management. 83 p. The Caspian Environmental Programme. 2002. Trans-boundary Diagnostic Analysis for the Caspian Sea (TDA). 3 Volumes. The Caspian Environmental Programme. 2006. Regional PTS Action Programme for the Caspian Region. 63 p. The Caspian Environmental Programme. Caspian Seal Conservation Action Plan. 10 April 2007. 13 p. The Caspian Sea Ecological Research Center. 2006. A Study on the Harmful Algal Bloom in the Southwestern Basin of the Caspian Sea. Research Center for Fish Farming in Inland Waters (). 15 p. The Caspian Environmental Programme. 2006. Methods for Sediment Sampling and Analyses. 89 p. CENN (Caucasus Environmental NGO Network). 2004. Assessment of effectiveness of environmental impact assessment (EIA) system in Azerbaijan. 55 p City of San Diego Ocean. Monitoring Program. 2009. Annual Receiving Waters Monitoring Report for the Point Loma Ocean Outfall - 2008. 194 p de Mora S, Villeneuve JP, Sheikholeslami MR, Cattini C & Tolosa I. 2004. Organochlorinated compounds in Caspian Sea Sediments. Marine Pollution Bulletin 48 30–43. Economic Commission for Europe. 2004. Environmental Performance Review Azerbaijan. Committee for Environmental Policy. 191 p. Fernandes S, Meysman F & Sobral P. 2006. The influence of Cu contamination on Nereis diversicolor bioturbation. Marine Chemistry 102 148–158. Grigorovich IA, Therriault TW & MacIsaac HJ. 2003. History of aquatic invertebrate invasions in the Caspian Sea. Biological Invasions 5: 103–115. Gunnerson CG. 1988. Wastewater Management for Coastal Cities. The Ocean Disposal Option. World Bank Technical Paper No 77. 426 p. IH Cantabria. 2009. Preliminary Study of Baku Submarine Outfall. 28 p + Annexe. Kostianov A & Kosarev A. 2005. The Caspian Sea Environment. 271 p. Long ER, Mac Donald DD, Smith SR & Calder FD.1995. Incidence of adverse biological effect within ranges of chemical concentrations in marine and estuarine sediments. Environmental Management 19(1) 81-97. Ministry of Ecology and Natural Resources. 2007. National Caspian Action Plan of the Republic of Azerbaijan (2007-2017). 30 p. Ministry of Economic Development. 2008. Absheron Rehabilitation Program Integrated Solid Waste Management Project. Environmental Framework. 38 p. Montgomery Watson Limited. 1998. Water and Wastewater Master Plan for Greater Baku. 10 Volumes. NOAA (National Ocean and Air Administration, USA). 1999. Sediment quality guidelines development for the National Status and Trends Program. 12 p.

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PNUE. 2005. Guidelines on Environmental Impact Assessment in a Transboundary Context in the Caspian Sea Region. 52 p. State Statistical Committee of the Republic of Azerbaijan Macro International Inc. 2008. Azerbaijan Demographic and Health Survey 2006. 408 p. Somerfield PJ, Atkins M. Bolam KR, et al. 2006. Relative impacts at sites of dredged-material relocation in the coastal environment: a phylum-level meta-analysis approach. Marine Biology 148: 1231–1240 Swartz C, Cole FA, Schults DW & DeBen WA. 1986. Ecological changes in the Southern California Bight near a large sewage outfall: benthic conditions in 1980 and 1983. Marine Ecology Progress Series. Vol 31. 1 -3. Thompson B. and Lowe S. 2004. Assessment of Macrobenthos Response to Sediment Contamination in the san Francisco Estuary, California Environmental Toxicology and Chemistry, Vol. 23, No. 9, pp. 2178–2187,. US-EPA.. 2001. Nutrient Criteria Technical Guidance Manual. Estuarine and Coastal Marine Waters. 362 p. The World Bank (downloaded from WB Publication and Documents website). 1995. Bombay Sewage Disposal Project. Environmental Assessment. Report No 711. 84 p. The World Bank (downloaded from WB Publication and Documents website). 1996. Croatia. Municipalities of Split, Solin, Kastela, Trogir Wastewater Disposal Infrastructure project. Environmental Assessment. Report No 223. 237 p.

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6. APPENDIX 6 : FRAMEWORK CONVENTION ON THE PROTECTION OF CASPIAN SEA MARINE ENVIRONMENT

Framework Convention for the Protection of the Marine Environment of the Caspian Sea

The Caspian Littoral States: Republic of Azerbaijan Islamic Republic of Iran Republic of Kazakhstan Russian Federation Turkmenistan hereinafter referred to as the Contracting Parties

Noting of the deterioration of the marine environment of the Caspian Sea due to its pollution arising from various sources as a result of human activities, including the discharge, emission and disposal of harmful and hazardous substances, wastes and other pollutants, both in the sea and from land-based sources;

Firmly resolved to preserve living resources of the Caspian Sea for present and future generations;

Acknowledging the need to ensure that land-based activities do not make harm for the marine environment of the Caspian Sea;

Mindful of the dang er for the marine environment of the Caspian Sea and to its unique hydrographic and ecological characteristics related to the problem of sea-level fluctuation;

Reaffirming the importance of protection of the marine environment of the Caspian Sea;

Recognising the importance of co-operation among the Contracting Parties and with relevant international organizations with the aim to protect and conserve the marine environment of the Caspian Sea;

HAVE AGREED as follows:

I. GENERAL PROVISIONS

Article 1. Use of Terms For the purposes of this Convention, the following terms mean: "Action Plan" - the Action Plan for the protection and sustainable development of the marine environment of the Caspian Sea; "Dumping " - any pollution to the Sea from any deliberate disposal into the marine environment of wastes or other matter from vessels, aircraft, platforms, or other man-made structures in the Caspian Sea or any deliberate disposal of vessels, aircraft, platforms, or other man-made structures in the Caspian Sea; "Hazardous substance" – any substance, which is toxic, carcinogenic, mutagenic, teratogenic or bio- accumulative, especially when they are persistent; "National Authority" - the authority designated by each Contracting Party to be responsible for the co- ordination of actions by such Contracting Party for implementing this Convention and its protocols; "Pollution" - the introduction by man, directly or indirectly, of substances or energy into the environment resulting or likely to result in such deleterious effects as harm to living resources and marine life, hazards to human health and hindrance to legitimate uses of the Caspian Sea; "Pollution from land-based sources" - pollution of the sea from all kinds of point and non-point sources based on land reaching the marine environment, whether water-borne, air-borne or directly from the coast, or as a result of any disposal of pollutants from land to the sea by way of tunnel, pipeline or other means; "Environmental emergency" - a situation that causes damage or poses an imminent threat of pollution or other harm to the marine environment of the Caspian Sea and that result from natural or man-made disasters;

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“Industrial accident” - an event resulting from an uncontrolled change in the course of any activity involving harmful and hazardous substances in an industrial installation for example during manufacture, use, storage, handling or disposal or during transportation of such substances; “Vessel” - a vessel of any kind that operates in the marine environment, including hovercraft, hydrofoil boats, submarines, towed and self-driving boats, as well as platforms and other manmade offshore structures; “Invasive alien species” - an alien species whose establishment and spread may cause economic or environmental damage to the ecosystems or biological resources of the Caspian Sea.

Article 2. Objective The objective of this Convention is the protection of the Caspian environment from all sources of pollution including the protection, preservation, restoration and sustainable and rational use of the biological resources of the Caspian Sea.

Article 3. Scope of Application This Convention shall be applied to the marine environment of the Caspian Sea, taking into account its water level fluctuations, and pollution from land based sources.

II. GENERAL OBLIGATIONS

Article 4. General Obligations The Contracting Parties shall: (a) individually or jointly take all appropriate measures to prevent, reduce and control pollution of the Caspian Sea. (b) individually or jointly take all appropriate measures to protect, preserve and restore the environment of the Caspian Sea; (c) use the resources of the Caspian Sea in such a way as not to cause harm to the marine environment of the Caspian Sea ; (d) cooperate with each other and with competent international organizations for the achievement of the objective of this Convention.

Article 5. Principles In their actions to achieve the objective of this Convention and to implement its provisions, the Contracting Parties shall be guided by, inter alia, the following principles: (a) the precautionary principle, by virtue of which, where there is a threat of serious or irreversible damage to the Caspian Sea environment, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent such damage; (b) “the polluter pays” principle, by virtue of which the polluter bears the costs of pollution including its prevention, control and reduction; (c) the principle of accessibility of information on the pollution of the marine environment of the Caspian Sea according to which the Contracting Parties provide each other with relevant information in the maximum possible amount.

Article 6. Duty to Co-operate The Contracting Parties shall co-operate on a multilateral and bilateral basis in the development of protocols to this Convention prescribing additional measures, procedures and standards for the implementation of this Convention.

III. PREVENTION, REDUCTION AND CONTROL OF POLLUTION

Article 7. Pollution from Land-Based Sources 1. The Contracting Parties shall take all appropriate measures to prevent, reduce and control pollution of the Caspian Sea from land-based sources.

2. The Contracting Parties shall co-operate in the development of protocols to this Convention prescribing additional measures for prevention, reduction and control of pollution of the Caspian Sea from land-based sources. Such protocols may include, inter alia, the following measures: (a) the emission of pollutants is prevented, controlled and reduced at source through application, inter alia, of low- and non-waste technology;

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(b) the pollution from land-based point sources is prevented, reduced and controlled through licensing of waste-water discharges by competent national authorities of the Contracting Parties; (c) licensing of waste-water discharges is based on promoting the use of environmentally sound technology; (d) requirements stricter than those provided in sub-paragraphs (b) and (c) of this Article, are imposed according to additional protocols to this Convention when the quality of the receiving water or the affected ecosystem of the Caspian Sea so requires; (e) various treatments are to be applied to municipal waste water and, where necessary, in a step-by-step approach; (f) in order to reduce organic substances inputs from industrial and municipal sources, the best available environmentally sound technology is to be applied; (g) appropriate measures based on best environmental practices are to be developed and implemented for the reduction of inputs of organic substances and hazardous substances from non-point sources, including agriculture; (h) measures on their conservation and full liquidation should be taken for some coastal sources of pollution that continue to have negative impact on the Caspian Sea.

3. If the discharge from a watercourse, flowing through the territories of two or more Contracting Parties or forming a boundary between them, is likely to cause pollution of the Caspian Sea, the Contracting Parties shall co-operate in taking all appropriate measures to prevent, reduce and control such pollution, including, where appropriate, the establishment of joint bodies responsible for identifying and resolving potential pollution problems.

Article 8. Pollution from Seabed Activities The Contracting Parties shall take all appropriate measures to prevent, control and reduce pollution of the Caspian Sea resulting from seabed activities. They are encouraged to co-operate in the development of protocols to this Convention to that effect.

Article 9. Pollution from Vessels The Contracting Parties shall take all appropriate measures to prevent, reduce and control pollution of the Caspian Sea from vessels and shall co-operate in the development of protocols and agreements to the Convention prescribing agreed measures, procedures and standards to that effect, taking into account relevant international standards.

Article 10. Pollution Caused by Dumping 1. The Contracting Parties shall take all appropriate measures to prevent, hindrance, reduce and control pollution of the Caspian Sea caused by dumping from vessels and aircraft registered in their territory or flying their flag . 2. The Contracting Parties shall co-operate in the development of protocols to the Convention prescribing agreed measures, procedures and standards to that effect. 3. The provisions of paragraphs 1 and 2 of this Article shall not apply when a vessel or aircraft at sea is threatened by the complete destruction or total loss of the vessel or aircraft or in any case which constitutes a dang er to human or marine life, if dumping appears to be the only way of averting the threat, and if there is every probability that the damage consequent upon such dumping will be less than would otherwise occur. Such dumping shall be so conducted as to minimise the likelihood of damage to human or marine life or hindrance to legitimate uses of the sea in accordance with the applicable international and reg ional leg al instruments. Such dumping shall be reported to the Contracting Parties.

Article 11. Pollution from Other Human Activities 1. The Contracting Parties shall take all appropriate measures to prevent, reduce and control pollution of the Caspian Sea resulting from other human activities not covered by Articles 7-10 above, including land reclamation and associated coastal dredging and construction of dams. 2. The Contracting Parties shall take all appropriate measures to reduce the possible negative impact of anthropogenic activities aimed at mitigating the consequences of the sea-level fluctuations on the Caspian Sea ecosystem.

Article 12. Prevention of Introduction, Control and Combatting of Invasive Alien Species The Contracting Parties shall take all appropriate measures to prevent the introduction into the Caspian Sea and to control and combat invasive alien species, which threaten ecosystems, habitats or species.

Article 13. Environmental Emergencies

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1. The contracting Parties shall take all appropriate measures and cooperate to protect human beings and the marine environment against consequences of natural or man-made emergencies. To this end, preventive, preparedness and response measures, including restoration measures, shall be applied. 2. For the purpose of undertaking preventive measures and setting up preparedness measures, the Contracting Party of origin shall identify hazardous activities within its jurisdiction, capable of causing environmental emergencies, and shall ensure that other contracting Parties are notified of any such proposed or existing activities. The Contracting Parties shall agree to carry out environmental impact assessment of hazardous activities, and to implement risk-reducing measures. 3. The Contracting Parties shall cooperate for the setting up of early warning systems for industrial accidents and environmental emergencies. In the event of an environmental emergency, or imminent threat thereof, the Contracting Party of origin shall ensure that the Contracting Parties likely to be affected, are, without delay, notified at appropriate levels. 4. The Contracting Parties shall take all appropriate measures to establish and maintain adequate emergency preparedness measures, including measures to ensure that adequate equipment and qualified personnel are readily available, to respond to environmental emergencies.

IV. PROTECTION, PRESERVATION AND RESTORATION OF THE MARINE ENVIRONMENT

Article 14. Protection, Preservation, Restoration and Rational Use of Marine Living Resources 1. The Contracting Parties shall have particular reg ard to the protection, preservation, restoration and rational use of marine living resources and shall take all appropriate measures on the basis of the best scientific evidence available to: (a) develop and increase the potential of living resources for conservation, restoration and rational use of environmental equilibrium in the course of satisfying human needs in nutrition and meeting social and economic objectives; (b) maintain or restore populations of marine species at levels that can produce the maximum sustainable yield as qualified by relevant environmental and economic factors and taking into consideration relationships among species; (c) ensure that marine species are not endangered by over-exploitation; (d) promote the development and use of selective fishing gear and practices that minimise waste in the catch of target species and that minimise by-catch of non-target species; (e) protect, preserve and restore endemic, rare and endangered marine species; (f) conserve biodiversity, habitats of rare and endangered species, as well as vulnerable ecosystems.

2. The Contracting Parties shall co-operate in the development of protocols in order to undertake the necessary measures for protection, preservation and restoration of marine biological resources. Article 15. Coastal Zone Management The Contracting Parties shall endeavour to take necessary measures to develop and implement national strategies and plans for planning and management of the land affected by proximity to the sea. Article 16. Caspian Sea Level Fluctuation The Contracting Parties shall co-operate in the development of protocols to the Convention prescribing to undertake the necessary scientific research and, insofar as is practicable, the ag reed measures and procedures to alleviate implications of the sea level fluctuations of the Caspian Sea.

V. PROCEDURES

Article 17. Environmental Impact Assessment

1. Each Contracting Party shall take all appropriate measures to introduce and apply procedures of environmental impact assessment of any planned activity, that are likely to cause significant adverse effect on the marine environment of the Caspian Sea. 2. Each Contracting Party will take all appropriate measures to disseminate results of environmental impact assessment carried out in accordance with paragraph 1 of this Article, to other Contracting Parties. 3. The Contracting Parties shall co-operate in the development of protocols that determine procedures of environmental impact assessment of the marine environment of the Caspian Sea in transboundary context.

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Article 18. Co-operation Between the Contracting Parties 1. The Contracting Parties shall co-operate in formulating, elaborating and harmonising rules, standards, recommended practices and procedures consistent with this Convention and with the account of requirements, commonly used in international practice, in order to prevent, reduce and control pollution of and to protect, preserve and restore the marine environment of the Caspian Sea. 2. The Contracting Parties shall co-operate in the formulation of an Action Plan for the Protection of the marine environment of the Caspian Sea in order to prevent, reduce and control pollution and to protect, preserve and restore the marine environment of the Caspian Sea. 3. In fulfilment of their obligations as set in paragraphs 1 and 2 of this Article, the Contracting Parties shall work, inter alia, jointly or individually: (a) to collect, compile and evaluate data in order to identify sources that cause or likely to cause pollution of the Caspian Sea and to exchange information among the Contracting Parties, as appropriate; (b) development of programmes for monitoring quality and quantity of water; (c) development of contingency plans for pollution emergency cases; (d) to elaborate emission and discharge limits for waste and to evaluate the effectiveness of control programmes; (e) to elaborate water quality objectives and criteria and to propose relevant measures for maintaining and, where necessary, improving existing water quality; (f) to develop harmonised action programmes for the reduction of pollution loads from municipal and industrial point and diffuse sources, including agriculture, urban and other runoff.

Article 19. Monitoring 1. The Contracting Parties shall endeavour to establish and implement individual and/or joint programmes for monitoring environmental conditions of the Caspian Sea. 2. The Contracting Parties shall ag ree upon a list and parameters of pollutants which discharge into and concentration in the Caspian Sea shall be regularly monitored. 3. The Contracting Parties shall, at regular intervals, carry out individual or joint assessments of the environmental conditions of the Caspian Sea and the effectiveness of measures taken for the prevention, control and reduction of pollution of the marine environment of the Caspian Sea. 4. For these purposes, the Contracting Parties shall endeavour to harmonise rules for the setting up and operation of monitoring programmes, measurement systems, analytical techniques, data processing and evaluation procedures for data quality. 5. The Contracting Parties shall develop a centralised database and information management system to function as a repository of all relevant data, serve as the basis for decision-making and as a general source of information and education for specialists, administrators and the general public.

Article 20. Research and Development The Contracting Parties shall co-operate in the conduct of research into and development of effective techniques for the prevention, control and reduction of pollution of the Caspian Sea and, to this effect, the Contracting Parties shall endeavour to initiate or intensify specific research programmes, where necessary, aimed, inter alia, at: (a) developing methods for the assessment of the toxicity of harmful substances and investigations of its affecting process on the environment of the Caspian Sea; (b) developing and applying environmentally sound or safe technologies; (c) the phasing out and/or substitution of substances likely to cause pollution; (d) developing environmentally sound or safe methods for the disposal of hazardous substances; (e) developing environmentally sound or safe techniques for water-construction works and water- regulation; (f) assessing the physical and financial damage resulting from pollution; (g) improvement of knowledge about the hydrological regime and ecosystem dynamics of the Caspian Sea including sea level fluctuations and the effects of such fluctuations on the Sea and coastal ecosystems; (h) studying the levels of radiation and radioactivity in the Caspian Sea.

Article 21. Exchange of and Access to Information 1. The Contracting Parties shall directly or through the Secretariat exchange on a regular basis information, in accordance with the provisions of this Convention. 2. The Contracting Parties shall endeavour to ensure public access to environmental conditions of the Caspian Sea, measures taken or planned to be taken to prevent, control and reduce pollution of the

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Caspian Sea in accordance with their national legislation and taking into account provisions of existing international agreements concerning public access to environmental information.

VI. INSTITUTIONAL ARRANGEMENTS

Article 22. The Conference of the Parties 1. A Conference of the Parties is hereby established. 2. The Conference of the Parties shall consist of one representative for each of the Contracting Parties, who shall have one vote. Each representative may be assisted by one or more advisers. 3. The first meeting of the Conference of the Parties shall be convened not later than twelve months after the date of the entry into force of the Convention. Thereafter, the Conference of the Parties shall hold ordinary meeting s at regular intervals to be determined by the first meeting of the Conference of the Parties. 4. Extraordinary meeting s of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference of the Parties, or at the written request of any Party provided that it is supported by at least two other Contracting Parties. 5. The meeting s of the Conference of the Parties shall be held in the territories of the countries of the Contracting Parties on the basis of rotation in alphabetical order of English language or at the location of the Secretariat 6. The Chairmanship of the Conference of the Parties shall be held in turn by each Contracting Party in alphabetical order of the names of the Contracting Parties in English language. Should the Chairmanship fall vacant, the Contracting Party chairing the Conference shall designate a successor to remain in office until the term of chairmanship of that Contracting Party expires. 7. The working languages of the Conference of the Parties shall be English and the State languages of all Contracting Parties. The Secretariat will provide for the official UN languages. 8. All decisions of the Conference of the Parties shall be made by unanimous vote of the Contracting Parties. 9. The Conference of the Parties shall, at its first meeting , decide on: a) establishing such other institutions of the Convention as may be deemed necessary; b) the arrangements for the permanent Secretariat of the Convention, including its location and staffing ; c) the rules of procedure and financial rules for itself and its subsidiary bodies. 10. The functions of the Conference of the Parties shall be: (a) to keep under review the implementation of this Convention, its protocols and the Action Plan; (b) to keep under review the content of this Convention and its protocols; (c) to consider and adopt any additional protocols or any amendments to this Convention or to its protocols and to adopt and amend the annexes to this Convention and to its protocols; (d) to receive and consider reports submitted by the Contracting Parties and to review and evaluate the state of the marine environment and, in particular, the state of pollution and its effects, on the basis of reports provided by the Contracting Parties and by any competent international or regional organisation; (e) to consider reports prepared by the Secretariat on matters relating to this Convention; (f) to seek, where appropriate, the technical and financial services of relevant international bodies and scientific institutions for the purposes of the objective of this Convention; (g) to establish such subsidiary bodies as may be deemed necessary for the implementation of this Convention and its protocols; (h) to appoint the Executive Secretary of the Convention and such other personnel as may be required, taking into account the equitable representation of the Contracting Parties;. (i) to perform such other functions as may be required for the achievement of the objective of this Convention.

Article 23. The Secretariat of the Convention 1. The Secretariat of the Convention is hereby established. 2. The Secretariat shall be comprised of the Executive Secretary of the Convention and such other personnel as required to perform the functions specified hereafter. 3. The Executive Secretary shall be the chief administrative officer of the Secretariat of the Convention, and shall perform such functions which are necessary for the administration of the work of the Secretariat of the Convention, as determined by the Conference of the Parties and in accordance with the rules of procedure and financial rules adopted by the Conference of the Parties. 4. The functions of the Secretariat shall be: (a) to arrange for and service meeting s of the Conference of the Parties and its subsidiary bodies; (b) to prepare and transmit to the Contracting Parties notifications, reports and other information received;

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(c) to consider enquiries by and information from the Contracting Parties and to consult with them on matters relating to the implementation of this Convention and its protocols; (d) to prepare and transmit reports on matters relating to the implementation of this Convention and its protocols; (e) to establish, maintain the database of and disseminate national laws of the Contracting Parties and international laws relevant to the protection of the Caspian Sea; (f) to arrange, upon request by any Contracting Party, for the provision of technical assistance and advice for the effective implementation of the Convention and its protocols; (g) to carry out functions as may be established under the protocols to this Convention; (h) to co-operate, as appropriate, with relevant reg ional and international organisations and programmes; (i) to perform such other functions as may be determined by the Conference of theParties.

VII. PROTOCOLS AND ANNEXES Article 24. Adoption of Protocols 1. Any Contracting Party may propose protocols to this Convention. Such protocols shall be adopted by unanimous decision of the Parties at a meeting of the Conference of the Parties. Protocols shall enter into force after their ratification or approval by all the Contracting Parties in accordance with their constitutional procedures, unless the protocol does not envisages a different procedure for adoption. Protocols shall form an integral part of this Convention. 2. The text of any proposed protocol shall be communicated to the Contracting Parties by the Conference of the Parties at least six months before the meeting of the Contracting Parties at which the protocol is proposed for adoption.

Article 25. Adoption of Annexes and Amendments 1. The annexes to this Convention or to any protocol shall form an integral part of the Convention or of such protocol, as the case may be, and, unless expressly provided otherwise, a reference to this Convention or its protocols constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to procedural, scientific, technical and administrative matters. 2. Annexes to this Convention or to any protocol shall be proposed and adopted according to the procedure laid down in Article 24. 3. The proposal, adoption and entry into force of amendments to annexes to this Convention or to any protocol shall be subject to the same procedure as for the proposal, adoption and entry into force of annexes to the Convention or annexes to any protocol. 4. If an annex or an amendment to an annex is related to an amendment to this Convention or to any protocol, the annex or amendment shall not enter into force until such time as the amendment to this Convention or to the protocol concerned enters into force.

VIII. IMPLEMENTATION AND COMPLIANCE Article 26. Implementation of the Convention 1. Each Contracting Party shall designate a National Authority to co-ordinate implementation of the provisions of this Convention in its territory and under its jurisdiction. 2. The provisions of this Convention shall not affect the right of the Contracting Parties individually or jointly to adopt and implement more stringent measures than those provided for in this Convention.

Article 27. Reports Each National Authority shall submit to the Secretariat reports on measures adopted for the implementation of the provisions of this Convention and its protocols in format and at intervals to be determined by the Conference of the Parties. The Secretariat shall circulate the received reports to all Contracting Parties.

Article 28. Implementation and Compliance The Contracting Parties shall co-operate in the development of procedures to ensure compliance with the provisions of this Convention or its protocols.

Article 29. Liability and Compensation for Damage The Contracting Parties, taking into account relevant principles and norms of international law, shall undertake to develop appropriate rules and procedures concerning liability and compensation for damage to the environment of the Caspian Sea resulting from violations of the provisions of this Convention and its protocols.

Article 30. Settlement of Disputes

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In case of disputes between Contracting Parties concerning the application or interpretation of the provisions of the present Convention, the Contracting Parties will settle them by consultations, negotiations or by any other peaceful means of their own choice.

IX. FINAL CLAUSES Article 31. Signature, Ratification, Acceptance, Approval and Accession 1. The Convention shall be open for signature only by Caspian Littoral States at the city of Tehran, Islamic Republic of Iran from 4 November 2003 to 3 November 2004. 2. The Convention shall be subject to ratification, acceptance or approval by the Caspian littoral States. It shall be open for accession by any Caspian littoral State in accordance with their national leg islation from the date on which the Convention is closed for signature. 3. Instruments of ratification, acceptance, approval or accession shall be deposited with the Depository. Article 32. Reservations No reservation may be made to this Convention.

Article 33. Entry into Force The Convention shall enter into force on the ninetieth day after the date of deposit of the instrument of ratification, acceptance, approval or accession by all Caspian littoral states.

Article 34. Amendment of the Convention or Protocols 1. Any Contracting Party may propose amendments to this Convention or to any protocol. Such amendments shall be adopted by unanimous decision of the Parties at a meeting of the Conference of the Parties. 2. The entry into force of the amendments to this Convention or to any protocol shall be subject to the same procedure as for the Convention itself.

Article 35. Depository The Islamic Republic of Iran shall assume the functions of the Depository.

Article 36. Authentic texts This Convention, of which the Azerbaijani, English, Farsi, Russian, Kazakh and Turkmen texts are equally authentic, shall be deposited with the Depository. In case of dispute arising as to the interpretation or application of this Convention or its protocols, the English text shall be authoritative.

Article 37. Relationship with the negotiations of the legal status of the Caspian Sea Nothing in this Convention shall be interpreted as to prejudge the outcome of the negotiations on the final legal status of the Caspian Sea.

IN WITNESS WHEREOF the undersigned, being duly authorised to that effect, have signed this Convention

Done at the city of Tehran on the fourth day of November of 2003.

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