Kenya - Judicial Performance Improvement Project : environmental assessment (Vol. 2 of 3) : Environmental and social management framework : checklist for Kitui Court rehabilitation activities

 E4022 V2 ESMP CHECKLIST FOR KITUI COURT REHABILITATION ACTIVITIES PART 1: GENERAL pROJECT AND SITE INFORMATION INSTITUTRIONAl & ADMINISTRATIVE Country Kenya Project Title Judicial Performance Improvement Project (JPI P) Scope ofproject and The scope of project and activity include the following: activities a) Extension of Registry by one of 4m by 4m b) Construction of Store 0) Construction of Elevated Water Tank d) Construction of 4 New Toilets e) Construction of Shed with seat for court users! members of public ~ Facelift • Painting • Repair of leaking Roof • Construction of Incinerator for disposal of waste Institutional we Judiciary arrangements Project Team Leader Project Coordinator (Names and contacts) Nightingale Rukuba-Ngaiza Kakai Kissinger WORLD BANK OPERATIONAL POLICIES Environmental The Project triggers Environmental Assessment: OP/BP 4.01. The objective of this Assessment: OPIBP 4.0 1. policy is to ensure that Bank-financed prOjects a'e environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and of their likely environmental impacts. This policy is triggered if a project is likely to have potential (adverse) environmental risks and impacts on its area of influence. OP 4.01 covers impacts on the natural environment (air, water and land); human health and safety; physical cultural resources; and trans-boundary and global environment concems. A range of instruments can be used to conduct Environmental Assessments i.e. EIA, environmental audit, hazard 0' risk assessment and environmental management plan (EMP). The Borrower is responsible for carrying out the requirements under the EMP. SITE DESCRIPTION Name of site Kitui Magistrate Court Description of site location The site is located in the outskirts of Kitui Town, SiteMap[] Y[X]N Kitui Township location, Kitui Central District. It is approximately 180km east of Nairobi . The site is bordered by ACK Church and ACK Primary School to west and south, Kafoca Hotel to the east and Catholic Church to the north across the road. land Owner The Judiciary 1 IP~p"p Description of geographic, Kitui Court site is generally flat. The site is fenced though some section of the fence are physical, biological, porous. geological, hydrological and socio economic The climate of Kitui is semi-arid; it receives roughly 710mm a year. A significant point context however is that rainfall occurs practically only during the rainy seasons (one long around May and June, and one short, around September and October). The geology of Kitui area consists of basement system rocks which are mainly mica- hornblende gneisses, schists, sillimanite and kyanite. Some areas have migmatites .. Locations and distance for The rehabilitation activities will involve use of limited quantities of materials. Majority of material sourcing, water the materials will be sought from Kitui town which is the District Headquarters. The court and electricity. has piped water supply and electricity from the national grid. LEGISLATION National & local legislation A. National and Local Legislations that apply to project activity & permits that apply to project activity (i) Environment Management and Coordination Act, 1999 Section 58 of this Act requires Environmental Impact Assessment to be carried out on projects that are out of character with their surroundings. (ii) The Water Act, of 2002 This Act prohibits the pollution of water. Part II, section 3 states:" every water resource is hereby vested in the State subject to any rights of user granted by or under this Act or any other written law. (iii) Enviro nmental (Impact Assessment and Audit) Regulations 2003 These regulations stipulate how an EIA project report should be prepared and specifies all the requirements that must be complied with. It highlights the stages to be followed, information to be made available, role of every stakeholder and rules to be observed during the whole EIA report making process. (iv) Environmental (Impact As ses sment and Audit) Regulations 2003 The regulations stipulate how an EIA project report should be prepared and specifie all the requirements that must be complied with. It highlights the stages to be followed, information to be made available, role of every stakeholder and rules to be observed during the whole EIA report making process. Sample of Table of contents elaborating what needs to captured in the EIA Project Report is also provided. (v) The Physical Planning Act of 1998 This Act makes provision for development control. Persons wishing to undertake developments must apply for and obtain consent from the local Planning AuthOrity (vi) Draft Air Quality Regulations, 2008 The objective of these Regulations is to provide for prevention, control and abatement of air pollution to ensure clean and healthy ambient air. It provides for the establishment of emission standards for various sources such as mobile sources (e.g. motor vehicles) and stationary sources (e.g. generators) as outlined ;n the Environmental Management and Coordination Act, 1999. (Vii) Public Health Act (Cap. 242) Part IX, section 115, of the Act states that no personlinstitution shall cause nuisance or condition liable to be injuries or dangerous to human health. Section 116 requires that Local Authorities take all lawful, necessary and reasonably practicable measures to maintain their jurisdiction clean and sanitary to prevent OCQJrTence of nuisance or condition liable to be injurious Of dangerous to human health. (Viii) Environmental Management and Co-Ordination (Was te Management) Regulations 2008 These Regulations apply to all categories of waste including solid waste, industrial waste, hazardous waste, pesticides and toxic substances, biomedical wastes and radioactive substances. Part [I of the Regulations prescribes responsibility of Waste Generators. It states that no person shall dispose of any waste on a public highway, street, road, recreational area or in any public place except in a deSignated waste receptacle. 'I PAPP  (ix) The Local Govemment Act, Cap 265 This Act contains provisions empowering local authorities to control discharges. Under Section 163, a local authority may control or prohibit activities, both industrial and domestic, which constitutes 'a source of danger, discomfort or annoyance to the neighborhood', as an offensive trade or as have been gazetted by the Minister. (x) Environmental Management and Co·Ordination (Water Quality) Regulations, 2006 The Regulations provide for Prevention of Water Pollution. They require every person to refrain from any act which directly or indirectly causes, or may cause immediate or subsequent water POllution (xii) Environmental Management and Co·Ordination (Water Quality) Regulations, 2006 These Regulations provide for Prevention of Water Pollution. They require every person to refrain from any act which directly or indirectly causes, or may cause immediate or subsequent water pollution. (xv) Noise and Excessive Vibration Pollution (Control) Regulations of 2009. Legal Notice No. 61 Under Part II , section 3 on 'General prohibitions', the Regulations provide that no person shall make or cause to be made any loud, unreasonable, unnecessary or unusual noise which annoys, disturbs, injures or endangers the comfort, repose, health or safety of others and the environment. (xvi) Engineers Registration Act Cap 530 An Act of Parliament to provide for the registration of engineers and fo r connected purposes xvii) The Occupational Safety and Health Act (OSHA), 2007 This Act provides for the general duties of occupiers of work places. The Act provides for safe use of plant, machinery and equipment and states that all plant, machinery and equipment whether fixed or mobile for use either at the workplace or as a workplace, shall only be used for work which they are designed for and be operated by a competent person. B. Permits that apply to project activity • Environmental Impact Assessment licence • Development permission from the Local Planning Authority in Kitui • Permit to dispose of rehabilitation waste including any excavated soil PUBLIC CONSULTATION Whenl where the public Public consultation took place at the Judiciary in Nairobi on October 8·9, 2012 and the consultation process took Kitui Magistrate Courts in Kitui. The Officers of the Judiciary consulted include the place following: • Kakai Kissinger - Deputy Chief Registrar, Judiciary • Peter Mulwa - Registrar, Magistrate Courts • Caroline Kabucho - Assistant Registrar, Magistrate Courts Further public consultation was done on October 10, 2012 at the project site which included the court staff, the provincial administration representatives, a local area resident who came to court for assistance, local area Chief, Children's Office, Probation and Kenya Police Department. The majority of people consulted welcomed the project and were of the opinion that no adverse negative effects shall result from the proposed project activities. Concems regarding air pollution and noise were raised but it was noted that this will be minimal considering that the rehabilitation activities would not be very major. Other social issues and concerns that came up during the consultation meeting were: • Inadequate security within the court premises with regards to record keeping and accused persons escaping from court premises; • No separate cell for children and adults; • Lack of accommodation for Court staff; • Burning contra bands and waste in the open area behind the court; • Current court set-up intimidates children • The elderly and women get tired waiting outside due to lack of shed and seats However, the local administration indicated that the public were eagerly waiting for project implementation and would provide the necessary support for the proposed project. Attachment 1: Public Participation List[ 1N [X) Y GRIEVANCE MECHANISMS Will there be grievance Grievances on the project will be handled by the Chief Registrar's office in Nairobi. This handling mechanism? information will be made available on site INSTITUTIONAL CAPACITY BUILDING W ill there be any capacity Capacity building program [X I N [J Y building? 4 IP.::IPP PART 2: SAFEGUARDS INFORMATION Will the site activity includel involve any of the following? 1 Land acquisitions includes displacement of people, change of livelihood encroachment on private property this is to land that is purchased/transferred and affects people who are living and lor squatters and/or operate a business (kiosks) on land that is being acquired. 2 Toxic! hazardous material includes but is nol limited to asbestos, toxic paints, noxious solvents, removal of lead paint, etc S I P age PART 3: MITIGATION MEASURES ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST O. General Conditions Notification and Worker safety a) The local stakeholders have been notified of the upcoming activities. b) All legally required permits will be acquired for Ihe rehabilitation. c) The contractor formally agrees that all work will be carried oul in a safe and disciplined manner designed to minimize impacts on neighbouring residents and environment. d) Workers' PPE w ill comply with good international practice (always hard hats, nose masks, safety glasses. harnesses for providing safety to those working at heights and safety boots) . e) Appropriate signposting of the sites will inform workers of key rules and regulations to follow. A. General rehabilitation Air Quantity a) The surrounding environment of the area under rehabilitation shall be kept free of debris 10 minimize activities dust. b) The area of the building where painting shall be ongoing will be cordoned off and the workers shall be required to wear nose masks. c) There will be no open burning of construction I waste materials at the site. d) There will be no excessive idling of vehicles used during the rehabilitation works. Noise a) Noise will be limited to restricted times agreed to in the permit during rehabilitation activities b) During operations the engine covers of generators , air compressors and other powered mechanical equipment shan be closed and equipment placed as far way people as possible Water Quality a) The site will establish appropriate erosion and sediment control measures such as e.g. hay bales and lor silt fences to prevent sediment from moving off site. b) Oils from vehicles and machines being used in the rehabilitation shall not be released to the ground. Such used oils shall be kept in containers for collection and appropriate disposal to avoid pollution. Waste Management a) Waste collection and disposal pathways and sites will be identified for all major waste types expected from rehabilitation activities. b) Mineral construction waste will be separated from general refuse, organic, liquid and chemical wastes by onsite-sorting and stored in appropriate containers. c) Construction waste will be collected and disposed of by NEMA licensed waste collection disposal firms. d) The records of waste disposal will be maintained as proof of proper management as provided in the contractors site waste management Plan. e) Whenever feasible the contractor will reuse and recycle appropriate and viable materials (except asbestos). Any asbestos shall be collected and disposed of by approved finns registered by NEMA. B. Individual wastewater Water Quality Wastewater management is through an existing septic tank. There is no waste water treatment system within the treatment system court compound. 6 1 Page ACTIVITY PARAMETER MITIGATION MEASURES CHECKLIST C. Historic building(s) There are no histori c buildings at the Kitui Court. D. Acquisition of land No land acquisition is involved. The rehabilitation is being carried on an existing court building E. Toxic Materials Asbestos Management There is no asbestos at the project site. No asbeslos materials will be used during the repair of Ihe leaking roof. ToxicJ hazardous wasle a) Temporarily storage on site of all hazardous or toxic substances will be in safe containers labeled with management details of composition, properties and handling information. b) The con tainers of hazard ous substances shall be placed in a leak-proof container to prevent leaching and leaking. c) The waste shall be transported by specially licensed carriers and disposed of in a licensed facility . d) Paints with toxic ingredients or solvents or lead-based paints will not be used during repainting of the court building. F. Affected forests, wetlands Protection There are no forests, wetlands or protected areas within project site area and/or protected areas G. Disposal of med ical Infrastructure for medical waste No medical wastes are associated with the project was te management H. Traffic and Pedestrian Direct and indirect hazards to In compliance with national regulations, the contractor will ensure that the construction site is properly Safety public traffic and pedestrians secured and construction related traffic regulated. by construction activities This includes but is not limited to: • Signposting, warning signs, barriers: site will be clearly visible and the public warned of all potential hazards. • Traffic management, especially for site access and near-site heavy traffic. Provision of safe passages for pedestrians where rehabilitation activities will be taking place. • Any areas excavated during rehabilitation exercise will be demarca ted with a visible barrier. I. Working at Heights Worker safety Provide workers working at heights with appropri ate ladders and harnesses 7 1 Page PART 4: MONITORING PLAN Phase Parameter to Areas Measurement methods Frequency of Reasons for Cost of Responsible be monitored monitoring monitoring Monitoring Persons During preparation Ambient Air W ithin the The rehabililatioo exercise The baseline To determine ambient air Included in the The EiA quality boundaries of the will involve very limited mo~itoring Sh~ l~ ~ quality project budget consultant site construction activities thai Baseline noise Within the The baseline To determine baseline Included in the The EIA levels boundaries of the The Noise measurements monitoring shall be noise levels project budget consultant site will be carried out as per carried out daily for the ISO 19961 2, 3 a period of al least " standards, as follows: five days prior to project • Inspection of the implementation site • Measurement of the noise levels within site boundary • Noise levels expressed in decibels, A- weighted sound pressure level (dBA). 8[Pa g e Phase Parameter to Areas Measurement methods Frequency of Reasons for Cost of Responsible be monitored monitoring monitoring Monitoring Persons During rehabifitatio Air Quality Near dusty In order to establish the Weekly during • To identify the extent Included in the Environ mental of court building malerial storage ambient air quality of the implementation of dust during project budget Panel (EP)/Air piles area and its environs, a process rehabilitatioo; Quality Committee : , Gent PM10 air sampler wi th Stacked Filter Units (SFU) • To detennine the will be used to collect two effectiveness of size fractionated aerosol mitigation measures t samples throughout Ihe control dust emission sampling exercise. The air from activities during sampler will be positioned rehabilitation at 1.5 m above the ground • To audit the level. compliance of the Contractor with regard to dust control, contract conditions and the relevant dust impact criteria; • To recommend furthe mitigation measures if found to be necessary; and • To comply with local laws and regulatioos - --- L __ _ ---- - 91Pa ge Phase Parameter to Areas Measurement methods Frequency of Reasons for Cost of Responsible be monitored monitoring mon1torlng Monitoring Persons Noise Levels Near areas where The Noise measurements Weekl y during • Noise levels shall be Included in the Environmental machines are will be carried out as per implementation monitored to evaluate project budget Panel (EP)/Air used Ihe ISO 1996/ 2, 3 process the construction noise Quality Committee " standards, as follows: impact during the construction phase. • Inspection of the site • To comply with local • Verification/Calibration laws and regulations. of the sound level meter before and after the measurements. • Measurement of the noise levels within the site boundary. • Noise levels expressed in decibels, A-weighted sound pressure level (dBA), 10lP age ,., PROPOSED REHABILITATION WORKS AT KITUI MAGISTRATE COURT ESMP PUBLIC CONSULTATION MEETING - October 10, 2012 at ~ I raaG.ls,-ReI1i= Cp,,~r LIST OF PARTICIPANTS Item 1Name 01 Participant ", -' I Position I Organization I E-Man Address I Telephone Con.tact I Signature 1. 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