proposed environmental impact assessment guidelines ... · 13. the latest issuance of denr on...

7
Proposed Environmental Impact Assessment Guidelines PHILIPPINES: Improving Livelihood Opportunities for Vulnerable Urban Communities Introduction 1. This document outlines the measures to be taken and steps to be followed by the Department of Social Welfare and Development Project Management Office (PMO), and the LGU partners/beneficiaries in the planning, preparation, implementation, reporting and supervision of the JSDF Grant Improving Livelihood Opportunities for Vulnerable Urban Communities. It incorporates the technical and environmental safeguards considerations in implementing this project. 2. The World Bank policies on Environmental and Social Safeguards apply to the sub-projects to be developed under this project. These EIA Guidelines incorporates the World Bank safeguards requirements, but should any conflict arise between this and the World Bank policies, the latter shall prevail. 3. The Project is envisioned to improve employment and livelihood opportunities for approximately 3,750 households in targeted poor urban communities affected by the global financial crisis. The funding will come from the JSDF Emergency Window administered by World Bank. The Project’s components include Community Grants to cover for the costs of cash-for-work schemes and start-up community enterprise costs based on the business advisory services under the Component 2, Community capacity building and enterprise development. 4. The grant utilization will follow the community driven development approach of the KALAHI-CIDSS Project being implemented by the Department of Social Welfare and Development. The arrangement would therefore adopt similar procedures and guidelines for the involuntary resettlement and environmental management. 5. Based on the World Bank Project Categories, most of the proposed sub-projects implemented in KCKKB fall under Category B (have potential environmental impacts which are site-specific and mostly reversible; mitigation measures already exist and can be easily designed) and Category C (have minimal or no environmental impacts). 6. KALAHI-CIDSS:KKB Project documents states that “Environmental issues in the Project would relate primarily to impacts caused by small scale infrastructure construction. Environmental impacts caused by such activities are not expected to be that significant.The project shall also observe the government laws and policies related to environmental safeguards. 7. Presidential Decree No. 1151 (otherwise known as the "Philippine Environmental Policy") is the first policy on Environmental Impact Statement (EIS) System in the Philippines. Effective since 1977, section 4 thereof explicitly requires "all agencies and instrumentalities of the national government, including government-owned and controlled corporations, as well as private corporations, firms and entities to prepare an EIS for every action, project or undertaking which significantly affects the quality)'of the environment.' 8. The Philippine EIS System was formally established in 1978 by virtue of PD No. 1586. Reiterating the policy statement under PD 1151, it declared environmentally critical projects (ECPs) and projects within environmentally critical areas (ECAs) as projects which require the submission of an EIS. Section 4 thereof provides that "no person, partnership or corporation shall undertake or operate any in part such declared ECP or project within an ECA without first securing an Environmental Compliance Certificate (ECC). Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized

Upload: others

Post on 04-Apr-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Proposed Environmental Impact Assessment Guidelines ... · 13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on their Annex

Proposed Environmental Impact Assessment Guidelines

PHILIPPINES: Improving Livelihood Opportunities for Vulnerable Urban Communities

Introduction 1. This document outlines the measures to be taken and steps to be followed by the Department of Social Welfare

and Development Project Management Office (PMO), and the LGU partners/beneficiaries in the planning,

preparation, implementation, reporting and supervision of the JSDF Grant Improving Livelihood

Opportunities for Vulnerable Urban Communities. It incorporates the technical and environmental safeguards

considerations in implementing this project.

2. The World Bank policies on Environmental and Social Safeguards apply to the sub-projects to be developed

under this project. These EIA Guidelines incorporates the World Bank safeguards requirements, but should any

conflict arise between this and the World Bank policies, the latter shall prevail.

3. The Project is envisioned to improve employment and livelihood opportunities for approximately 3,750

households in targeted poor urban communities affected by the global financial crisis. The funding will come

from the JSDF Emergency Window administered by World Bank. The Project’s components include

Community Grants to cover for the costs of cash-for-work schemes and start-up community enterprise costs

based on the business advisory services under the Component 2, Community capacity building and enterprise

development.

4. The grant utilization will follow the community driven development approach of the KALAHI-CIDSS Project

being implemented by the Department of Social Welfare and Development. The arrangement would therefore

adopt similar procedures and guidelines for the involuntary resettlement and environmental management.

5. Based on the World Bank Project Categories, most of the proposed sub-projects implemented in KCKKB fall

under Category B (have potential environmental impacts which are site-specific and mostly reversible;

mitigation measures already exist and can be easily designed) and Category C (have minimal or no

environmental impacts).

6. KALAHI-CIDSS:KKB Project documents states that “Environmental issues in the Project would relate

primarily to impacts caused by small scale infrastructure construction. Environmental impacts caused by such

activities are not expected to be that significant.” The project shall also observe the government laws and

policies related to environmental safeguards.

7. Presidential Decree No. 1151 (otherwise known as the "Philippine Environmental Policy") is the first policy on

Environmental Impact Statement (EIS) System in the Philippines. Effective since 1977, section 4 thereof

explicitly requires "all agencies and instrumentalities of the national government, including government-owned

and controlled corporations, as well as private corporations, firms and entities to prepare an EIS for every

action, project or undertaking which significantly affects the quality)'of the environment.'

8. The Philippine EIS System was formally established in 1978 by virtue of PD No. 1586. Reiterating the policy

statement under PD 1151, it declared environmentally critical projects (ECPs) and projects within

environmentally critical areas (ECAs) as projects which require the submission of an EIS. Section 4 thereof

provides that "no person, partnership or corporation shall undertake or operate any in part such declared ECP or

project within an ECA without first securing an Environmental Compliance Certificate (ECC).

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

wb370910
Typewritten Text
E2555 rev
Page 2: Proposed Environmental Impact Assessment Guidelines ... · 13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on their Annex

9. The major categories of ECPs and ECAs were identified through Presidential Proclamation No. 2146, series of

1981. The categories were given technical definitions by EMB's predecessor agency, the National

Environmental Protection Council (NEPC), through NEPC Office Circular No. 3, series of 1983.

10. Since then, the EIS system has undergone several refinements to make it a more effective planning,

management, and regulatory tool in addressing environmental problems in the country. The DENR has

consistently endeavour to strengthen and tighten the system, by continuously introducing new features and

requirements in response to changing economic realities and the growing environmental consciousness of the

Philippine populace.

11. The latest of this effort is DENR Administrative Order (DAO) No. 37 series of 1996 or DAO 96-37, which

expressly supersedes DAO 21 series of 1992. DAO 96-37 is an attempt to further streamline the EIS system and

to strengthen the processes for its implementation.

12. DAO 96-37 is elaborated further in the Procedural Manual for DAO 96-3 7, which is intended to provide a

comprehensive guide for proponents and regulators alike. The Revised Second Edition is the latest version of

the manual.

13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on

their Annex 2-1b will guide the next Project during the selection screening process.

Scope and Coverage under JSDF Vulnerable Urban Communities

14. The project will cover 75 urban communities of which specifically targeted are those found to be most affected

by the global economic crisis in areas of Cavite, Muntinlupa, Laguna, Mandaluyong City, Malabon City and

Malate, Manila. Since the Project’s interventions will be built in the urban areas, some small community

infrastructures, e.g., improving access to basic services, maintenance and upgrading of public spaces in the

community may require environmental screening process. Again following Safeguards policies of the

KALAHI-CIDSS:KKB Project and observance of the new project grouping matrix of the DENR-Environmental

Management Bureau, the following possible community projects in urban setting will be observed

ACTIVITIES CRITERIA REQUIREMENT

Trainings and other capability

building related activities

Not covered under the Philippine EIS

System

Livelihood Activities under

JSDF Urban CDD

Project

* Backyard animal farms not exceeding

5,000 heads of birds or 2 sows with 20

pigs

* Sari-sari (or coop) store * Organic compost/fertilizer production

not exceeding 10,000 (50 kg) bags per

annum capacity * Cottage industries

- Not covered under the Philippine

EIS System - CNC may be issued upon request of

proponent

Livelihood activities with capacities in

excess of the threshold Submission of duly accomplished

IEE Checklist/s as application for

ECC

Page 3: Proposed Environmental Impact Assessment Guidelines ... · 13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on their Annex

ACTIVITIES CRITERIA REQUIREMENT

Rehabilitation of roads & bridges

Rehabilitation of irrigation system Rehab of other support systems

with effective expansion of less than

50%

service area expansion does not exceed

threshold

Not covered under the Philippine EIS

System - CNC may be issued upon request of

proponent

Construction of roads Roads with length in excess of 5 km that

will traverse an area with critical slope

(>50%) Roads with length in excess of 20 km if

not traversing an area with critical slope

Submission of IEE as application for

ECC

Roads with length in excess of 3 km but

less than or equal to 5 km that will traverse

an area with critical slope (>50%10) Roads with length in excess of 15 km but

less than or equal to 20 km if not

traversing an area with critical slope

Submission of IEE as application for

ECC

Roads with length less than or equal to 3

km that will traverse an area with critical

slope (>50%) Roads with length in excess of 10 km but

less than or equal to 15 km if not

traversing an area with critical slope

Submission of duly

accomplished IEE Checklist as

application for ECC

Roads with length less than or equal to 10

km if not traversing an area with critical

slope

Not covered under the Philippine EIS

System CNC may be issued upon request of

proponent

All other small community

infrastructures under Group

III (NECPs in NECAs)

Prepare Environmental Management

Plan

These criteria are indicative and will be complemented by an environmental screening procedure, which will take

into account investments in water supply, buildings, and other structures not included on this list.

Sub-project screening and implementation process

15. The project proponent (communities) shall conduct a screening to determine environmental and social

conditions within the project area. Screening is a systematic approach in determining the environmental

impacts of the proposed project. A checklist is provided with these guidelines to facilitate this screening

process. The issues and concerns of the community shall be identified and considered in project preparation

including the development of an Environmental Management Plan (EMP).

16. The preparation of the Environmental Management Plan (EMP) will be assisted by technical staff of the project

or from service providers. A monitoring arrangement will be developed once the system of the project is fully

in-place.

Page 4: Proposed Environmental Impact Assessment Guidelines ... · 13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on their Annex

17. If needed, an EMP for the project shall be done by the Proponent (community), and this document is to be part

of the total project cost. An assessment of the project’s impacts from the planning, pre-construction,

construction and abandonment phase is analyzed and mitigation steps proposed. Typical construction related

impacts are foreseen to occur in the potential facilities in this project. This EMP should include costs of the

mitigation measures to be applied as well as the responsible person or unit to implement it. The items and cost

of the EMP should be included as part of the total project cost and cost items in the Bid Documents.

Construction of the facility shall be in accordance with the plans and specifications, and requirement of the

regulatory units of the government i.e. building officials, zoning and health. The EMP is to be followed strictly.

Regional PMO and National PMO will do regular monitoring during the implementation period.

18. Before full turnover of the facilities, the Proponents/Communities and Contractors will ensure that the users are

aware of the proper use of the facility. Teaching/orientation sessions will be conducted and information posted

on the use of the facilities.

Page 5: Proposed Environmental Impact Assessment Guidelines ... · 13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on their Annex

Environmental and Social Safeguards Checklist

Name of Sub-Project: __________________________________________________________________

Location: ____________________________________________________________________________

Community Representative and Address: __________________________________________________

PMO Representative and Address: _______________________________________________________

Site Selection:

When considering the location of a subproject, rate the sensitivity of the proposed site in the following table according to the given criteria. Higher ratings do not necessarily mean that a site is unsuitable. They do indicate a real risk of causing undesirable adverse environmental and social effects, and that more substantial environmental and/or social planning may be required to adequately avoid, mitigate or manage potential effects.

Issues Site Sensitivity Rating

Low Medium High

Natural Habitats No natural habitats present of any kind

No critical natural habitats; other natural habitats occur

Critical natural habitats present. Within declared protected areas.

Water quality and water resource availability and use

Water flows exceed any existing demand; low intensity of water use; potential water use conflicts expected to be low; no potential water quality issues.

Medium intensity of water use; multiple water users; water quality issues are important

Intensive water use; multiple water users; potential for conflicts is high; water quality issues are important

Natural hazards vulnerability, floods, soil stability/erosion

Flat terrain; no potential stability/erosion problems; no known volcanic/seismic/ flood risks

Medium slopes; some erosion potential; medium risks from volcanic/seismic flood/typhoons

Mountainous terrain; steep slopes; unstable soils; high erosion potential; volcanic seismic or flood risks.

Physical Cultural Property

No known or suspected physical cultural heritage sites

Suspected cultural heritage sites; known heritage sites in broader area of influence

Known heritage sites in project area

Involuntary Resettlement

Low population density; dispersed population; legal tenure is well defined;

Medium population density; mixed ownership and land tenure;

High population density; major towns and villages; low income families and/or illegal ownership of land; communal properties.

Indigenous Peoples No indigenous population

Dispersed and mixed indigenous populations; highly acculturated indigenous populations

Indigenous territories (CADT), reserves and /or lands; vulnerable indigenous populations.

Page 6: Proposed Environmental Impact Assessment Guidelines ... · 13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on their Annex

Completeness of Sub-project Application

Does the subproject application document contain, as appropriate, the following information?

Yes No N/A

Description of Proposed project and where it is located

Reasons for proposing project

Estimated cost of construction

Information about how the site was chosen, and what alternatives were considered

A map or drawing showing the location and boundary of the project including any land required temporarily during construction

The technical plans for any physical works (e.g. layout, buildings, other structures, construction materials)

Any new access arrangements or changes to existing road layouts

Any land that needs to be acquired, as well as who owns it, lives on it or has rights to use it

Program of Works (POW) for construction, operation and decommissioning the physical works, as well as any site restoration needed afterwards

Resources used in construction and operation (e.g. materials, water, energy)

Information about measures included in the subproject plan to avoid or minimize adverse environmental and social impacts

Details of any permits required for the project

Environmental and Social Checklist

Yes No

A. Environment - Will the Subproject:

1 Risk in the contamination of drinking water?

2 Cause poor water drainage and increase the risk of water related diseases such as malaria, dengue and schistosomiasis

3 Harvest or exploit a significant amount of natural resources such as trees, wood for fuel or water?

4 Be located within or nearby environmentally sensitive areas, protected areas (e.g. intact natural forests, mangroves, wetlands or threatened species?)

5 Create a risk of increased soil degradation or erosion?

6 Create a risk of increasing soil salinity?

7 Produce, or increase the production of solid wastes (e.g. water, medical/healthcare, domestic or construction wastes)?

8 Affect the quantity or quality of surface waters (e.g. rivers, streams, wetlands), or groundwater (e.g. wells)

9 Result in the production of solid or liquid waste, or result in an increase in waste production, during construction or operation?

If the answer to any question from 1-9 is “Yes”, please include an Environmental Management Plan (EMP) with the subproject application

B. Land Acquisition and access to resources – Will the Subproject:

Page 7: Proposed Environmental Impact Assessment Guidelines ... · 13. The latest issuance of DENR on project grouping matrix for determination of EIA report type as prescribe on their Annex

10 Require that land (public or private) be acquired (temporarily or permanently) for its development?

11 Use land that is currently occupied or regularly used for productive purposes (e.g. gardening, farming, pasture, fishing, forests)

12 Displace individuals, families, businesses? Have any individuals, families, businesses been displaced up to 2 years prior to project enrollment?

13 Result in the temporary or permanent loss of crops, fruit trees or household infrastructure such as crop storage facilities, outside toilets and kitchens

14 Result in the involuntary restriction of access by people to legally designated parks and protected areas?

If the answer to any of the questions 10 -14 is “Yes”, please inform the Bank Social Safeguard staff and, if needed, prepare a Resettlement Action Plan (RAP).

C. Indigenous People – Are there:

15 Any indigenous groups living within the boundaries of, or nearby, the project?

16 Members of these indigenous groups in the area who could benefit from the project?

If the answer to questions 15 or 16 is “Yes” please inform the Bank Social Safeguard Specialist and if needed, prepare and Indigenous Peoples Plan (IPP)

D. Pesticides and Agricultural Chemicals - Will the subproject:

17 Involve the use of pesticides or other agricultural chemicals, or increase existing use?

If the answer to Question 17 is “Yes” please inform the Bank Environmental Safeguards Specialist and if needed, prepare a Pest Management Plan

E. Dam Safety – Will the subproject:

18 Involve the construction of a dam or a weir?

19 Depend on water supplied from an existing dam or weir?

If the answer to question 18 or 19 is “Yes” please consult with the Bank Environmental Safeguards Specialist and if needed prepare a Dam Safety Report (DSR).

CERTIFICATION We certify that we have thoroughly examined all the potential adverse effects of this subproject. To the best of our knowledge, the subproject plan as described in the application and associated planning reports (e.g. EMP, RAP, IPP, PMP), if any, will be adequate to avoid or minimize all adverse environmental and social impacts.

Community Representative (signature) ……………………………………………………………………………………

PMO team representative (signature)………………………………………………………………………………………

Date:………………………………………