E492 Vol. 4 UNITED REPUBLIC OF TANZANIA MINISTRY OF WATER & LIVESTOCK DEVELOPMENT Environmental Assessment (EA) Report for Rural Water Supply & Sanitation Project (RWSSP) KILOSA DISTRICT March 2001 A.M.L. AKO Senior Associate Consultant (Environment & Natural Resource) SERVICEPLAN LTD P.O. Box 33165, Dar Es Salaam. F:Yv- 17nnl1f42 TABLE OF CONTENTS LIST OF ABBREVIATIONS AND ACRONYMS ....................................................... III EXECUTIVE SUMMARY ..........................................................V 1.0INTRODUCTION ..........................................................1 1.0 GENERAL .1 1.2 THE STUDY AREA .1 1.3 PURPOSE AND OBJECTIVES OF THE STUDY .2 1.4 SCOPE AND LIMITATIONS .2 1.5 GENERAL APPROACH & METHODOLOGY .2 1.5.1 GENERAL APPROACH ................. .........................................2 1.5.2 METHODOLOGY ...........................................................3 2.0 POLICY, LEGISLATION, REGULATORY & INSITUTIONAL FRAMEWORK5 2.1 POLICY ..........................................................5 2.2 LEGISLATION AND STANDARDS GOVERNING WATER QUALITY ..........8 2.2.1 LEGISLATION .......................................................... 8 2.2.2 STANDARDS GOVERNING ENVIRONMENTAL QUALITY ....................... 16 2.2.3 EA REQUIREMENTS AND GOT CAPACITY TO HANDLE EIA ................. 22 2.2.4 INSTITUTIONAL NEEDS AND CAPABIUTY TO IMPLEMENT EA RECOMMENDATIONS ......................................................... 25 3.0 PROJECT DESCRIPTION .29 4.0 BIOPHYSICAL AND SOCIO-ECONOMIC ENVIRONMENTS .34 4.1 BIOPHYSICAL ENVIRONMENT .34 4.2 SOCIO-ECONOMIC ENVIRONMENT .36 5.0 ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES .39 6.0 MITIGATION MANAGEMENT PLAN & MONITORING .42 6.1 MITIGATION MANAGEMENT PLAN .42 6.2 MONITORING .45 6.2 MONITORING ............................................................. 45 7.0 TRAINING PLAN ............................................................. 47 LIST OF TABLES TABLE 1: MITIGATION PLAN ............................................................ 42 TABLE 2: CHECKLIST OF MONITORING INDICATORS ............... ..................... 46 TABLE 3: PROPOSED TRAINING PLAN ............................................................. 51 LIST OF MAPS FIG. 1: THE MAP OF KILOSA DISTRICT -RURAL ROADS AND VILLAGE CENTRES ............................................................ 4 FIG. 2: MAP OF KILOSA DISTRICT-AGRO-ECONOMIC ZONES .......... ........... 33 FIG. 3: MAP OF KILOSA DISTRICT-LAND USE AND VEGETATION COVER ..38 LIST OF APPENDICES APPENDIX I: REFERENCES ............................. ................................ 52 APPENDIX Il: SUMMARY OF VILLAGE BASELINE INFORMATION ................ 54 APPENDIX III: WATER SUPPLY STATUS FOR TEN SELECTED VILLAGES.. 66 APPENDIX IV: WATER QUALITY DATA FOR SOME BOREHOLES ................. 66 APPENDIX V: LIST OF AUTHORITIES CONTACTED ....................................... 68 APPENDIX VI: TERMS OF REFERENCE ........................................................... 69 APPENDIX VIl: LIST OF CONSULTANT'S TEAM ................................................ 70 APPENDIX Vil: CONSULTANT'S CURRICULUM VITAE . . 71 ii LIST OF ABBREVIATIONS AND ACRONYMS AfDB = African Development Bank AIDS = Acquired Immunity Deficiency Syndrome ASPS = Agricultural Sector Programme Support BAT = Best Affordable Technology BWB = Basin Water Board CBOs = Community Based Organisations CDOs = Community Development Officers CWB = Central Water Board DAWASA = Dar Es Salaam Water & Sewerage Authority DCs = District Councils DECs = District Environment Committees DED = District Executive Director DHV = Foreign Consultant Firm from Netherlands DWE = District Water Engineer DWR = Division of Water Resource DWSP = District Water & Sanitation Plan DWSSSF = District Water Supply & Sanitation Fund DWST = District Water & Sanitation Team EA = Environmental Assessment EC = European Community EEC = European Economic Commission EIA = Environmental Impact Assessment EIS = Environmental Impact Statement EMP = Environmental Management Plan ESAs = External Support Agencies EU = European Union FAO = Food & Agricultural Organisation GOT = Government of Tanzania HIV = Human Immune Virus IDA = International Development Agency IIED = International Institute for Environment & Development IRA = Institute of Resource Assessment LAMP = Land Management Programme LLL = Linked Local Learning MEM = Ministry of Energy & Minerals MOEC = Ministry of Education & Culture MOH = Ministry of Health MOW = Ministry of Water MWLD = Ministry of Water & Livestock Development MTNRE = Ministry of Tourism, Natural Resource & Environment NCSSD= National Conservation Strategy for Sustainable Development NEAP = National Environment Action Plan NEMC= National Environment Management Council NEP = National Environment Policy NGOs = Non-Governmental Organisations NSPCA= Norwegian State Pollution Control Authority NUWA= National Urban Water Authority iii NWP = National Water Policy NWRC= National Water Resource Commission NWRMP= National Water Resource Management Policy MEM = Mfuko wa Elimu ya Msingi O&M = Operation & Maintenance PID = Project Information Document PO = Partner Organisation PWO = Public Water Office RBWO= River Basin Water Office RWD = Rural Water Division RWE = Regional Water Engineer RWSS= Rural Water Supply & Sanitation RWSSM= Rural Water Supply & Sanitation Management RWSSP= Rural Water Supply & Sanitation Project SCAPA= Soil Conservation & Agroforestry Programme SECAP= Soil Erosion Control & Agroforestry Programme STD = Sexually Transmitted Disease TAC = Technical Advisory Committee TANAPA= Tanzania National Parks TASAF= Tanzania Social Action Fund TBS = Tanzania Bureau of Standards ToR = Terms of Reference UN = United Nations UNCLOS= United Nations Convention on the Law of the Sea UNEP = United Nations Environment Programme UNESCO= United Nations Education, Scientific & Cultural Organisation UNICEF= United Nations Children Fund VG = Village Government VC = Village Chairman VEO Village Executive Officer VIP = Ventilated Improved Pit latrine VWCs= Village Water Committees VWSS= Village Water Supply & Sanitation WATSAN= Water & Sanitation WBO = Water Basin Office WEO = Ward Executive Officer WHO = World Health Organisation WLU = Water Laboratory Unit WRM = Water Resource Management iv EXECUTIVE SUMMARY 1. PURPOSE AND SCOPE OF THE PROJECT This project is concerned with improvement of water supply, sanitation & hygiene conditions among the rural communities of Kilosa district, located about 270 km from the Dar Es salaam City. The project will involve with rehabilitation and construction of new water supply schemes. The potential water supply schemes include Hand pump shallow wells (HPSW), Mechanized boreholes (Deep wells) fitted with electric pumps and Gravity Pipes (GP). That will also include construction and/or rehabilitation of associated distribution pipe systems. The project will also focus on sanitation & environmental issues related to rural water supply. During implementation much attention will also be given to promotion of AIDS/HIV prevention among the rural communities through education and awareness campaigns. II. RATIONALE AND METHODOLOGY FOR ENVIRONMENTAL ASSESSMENT (EA) STUDY (a) Rationale for EA The project is still in its design stage and its specific sites for implementation has not been identified. Thus the EA study for this project could not follow the existing Tanzania EIA procedures. Alternatively, the study followed a more general approach that incorporates an overall assessment of program interventions. The EA study was necessary for this project to ensure that environmental concerns are incorporated in its designs and that the rural communities are sensitized on environmental issues related to their rural water supply & sanitation schemes. Specifically, the objective of the study was to identify potentially negative environmental impacts of different community sub-projects and propose appropriate mitigation measures. Ultimately the aim is to develop an EA Checklist and Checklist of Monitoring indicators as a guideline for conducting environmental assessment of Rural Water Supply & Sanitation (RWSS) Project. (b) Methodology The study involved on-site physical observation and filling in biophysical & socio- economic survey forms. It also included informal & formal interviews, focus group discussion and/or meetings with community members, as well as, other key informants at village, district and national levels. Consultation with various stakeholders also provided an opportunity to get their concern on the project and solicit opinion on mitigation measures. Ill. MAIN FINDINGS AND RECOMMENDATIONS v (A) STATE OF THE ENVIRONMENT (i) Land degradation Land degradation is a common problem in the district due to improper cultivation practices, deforestation, overgrazing and tree felling by the local people. The problem of land degradation, especially vegetation destruction around water sources and upper catchment areas is expected to have a negative impact on the project. That should be the case because of its effects on water resource availability and hence, sustainability of rural water supply schemes. (ii) Air quality The major sources of emissions in the rural areas are bush fires and fuel wood burning that produce CO & C02 gases. However, no estimates have been done on the amount being produced, hence their contribution to air pollution and green house effect. (iii) Ground water Potential The ground water availability is high in the project area with recharge rate estimated between 4-15 L/s (liters/second) in lowlands and 1-4L/s in upper areas during dry seasons. (iii) Water quality The project will not have significant impact on both ground and surface water quality. However, laboratory analysis shows that some boreholes contain water with high amount of minerals, especially iron from geological formations. Contamination of surface water is common due to human activities and trampling by livestock. This is expected to have a negative impact on those water supply schemes that depend on surface water, especially Gravity Pipes and Pumped surface water schemes. (iv) Sanitation, Health & hygiene The majority of households in the rural areas do not have durable pit latrines and wastewater disposal facilities. Most of the households do not boil drinking water due mainly due to ignorance. There is a need therefore, to improve sanitation & hygiene conditions through education and awareness campaigns. (B) POLICY, LEGISLATION & REGULATORY FRAMEWORK (i) Policy vi Findings indicate that both National Environment Policy (NEP) and National Water Policy (NWP) emphasize EA for major development projects and individuals and community participation in environmental actions. Both policies identify EIA as a legal instrument for policy implementation. However, there is no specific legislation & guidelines in the water sector to support EIA requirements for water resource development. Although one of the policy implementation strategies in the NWP is to promote water supply, sanitation & hygiene education among the rural communities, it does not include environmental awareness & education in its objectives. The NWP identifies conflict of interest among water users and states that environmental issues will be analyze at planning levels. However, it does not give implementation strategy to ensure that environmental issues are incorporated in all stage of water resource development. The policy recognizes that financing of water sources protection is not adequate as it solely depends on government's budget and therefore a need for other financing mechanisms. It is therefore recommended that: The MWLD should develop its own EA guidelines and environmental management plan (EMP) to address environmental issues in the water sector. The legislation to support implementation of EIA requirements in the water sector should be incorporated in the Water Utilization Act. Environmental awareness and education should be given weight in the NWP. That should include promoting technologies that minimize environmental degradation. There should be an institutional reform in the MWLD by establishing an Environmental Unit. The responsibility of this Unit shall be to foresee implementation of environmental management plans and to link and co-ordinate with the Office of the Vice President through its Environment Division and NEMC. The financing of water protection from pollution should involve introduction of water users charges (WUC) and polluter pays principle (PPP). The local communities should be encouraged to actively participate in water sources protection. The established community water funds should be used, not only, in 0 & M water supply schemes but also in financing protection of water sources. (ii) Legislation vii Findings show that existing legislation within sectoral ministries is adequately covered to guide environmental management, including EIA requirements. However, there are some shortcomings: No comprehensive legislation that enforces implementation of NEP or that empowers NEMC to make EIA requirements mandatory and legally binding. The legislation does not adequately address water resource ownership, management and utilization. The issues of ground water utilization, pollution control and monitoring are not adequately addressed in the current Water Law. The existing legislation in water sector does not show clear distinction and separation of roles of service, operational and management function on one hand and regulatory functions on the other hand. There is lack of adequate representation of water users in the current legislation, especially at village level. Although water use issues are dealt with in various sectors, they are not in harmony with each other, hence difficult to prosecute offenders. Again, it may be not be appropriate to prosecute them in the absence of comprehensive legislation. Various actors at different levels are performing some aspects of water resource and environmental management but no effective co-ordination and collaboration exist among them, hence resulting into over-lapping responsibilities and duplication of efforts, To address these problems it is recommended that: Formulation of comprehensive environmental legislation should be speeded up to facilitate implementation of NEP and empower NEMC to make EIA mandatory and legally binding. The issues of water resource ownership, management and utilization should be specified in the Water Law. The question of ground water utilization, pollution and monitoring should be addressed in the Water Law to cope with the current situation, whereby private and individuals participation in ground water works is rapidly increasing. The current legislation on water resource management should be reviewed in order to have a clear distinction and separation of roles of service, operation and management function on one hand and regulatory function on the other hand. The water users at village level should be covered in the current legislation and the village governments should be encouraged to establish by-laws to protect water sources and environment in general. viii The respective legislation in sector ministries should be reviewed and harmonized to avoid conflict of interests. Comprehensive legislation should be established to cover all water related sectors and the Minister for water should enforce legislation on various sectors' water use, consumption and pollution. There should be a clear statement of institutional responsibilities and supporting legislation to facilitate implementation of NEP and reduce duplication of efforts. (iii) Standards Governing Environmental Quality Findings indicate that existing, sector ministries in the country have legal authority to regulate pollution discharge and they play increasing role in environmental management. However, there is no effective implementation of pollution standards in the country due to lack of clear system for co-ordination and implementation. Lack of enforcement of existing provisions due to inadequate resource and fragmented responsibilities within implementing agencies is another constraint. To improve the situation it is recommended that: Regulation of pollution should be based on Polluter Pay Principle (PPP), and nobody should have a right to pollute environment. Polluters should give a proof on the effect of their activities to the environment, that is, whether the activities do pollute the environment or not. Enforcement of the requirements for discharge permits must be strengthened, but should continue to be regulated through the existing Water Utilization Acts. Pollution control and prevention based on a system of discharge permits that focuses on General Environmental Protection Act should be established. That should cover discharges to water, air emissions, and noise and waste (liquid & solid wastes) production. General effluent standards should not be stated in Water Utilization Act, but they should be stated individually in the discharge permits. It should be specific to actual (industrial) sector of industry and environmental status of the receiving waters. Guidelines for effluent standard should be established, based on the review of existing standards by NEMC Contents of an application for discharge permits should be specified in the regulation and EIA requirements should be submitted to the relevant authority. Pollution control and mitigation measures should be specified by industries in attending the expected effluent discharge in their applications for discharges permits. ix The principle of BAT and the concept of Cleaner Production Technology should be adopted. That should include procedures for handling of applications, provisions for notification and public participation, appeals and time frame. Regulations should ensure that relevant authorities and institutions are contacted. There should be a provision for existing industries to apply for discharge permits in a specified time frame. The discharge permits should specify production capacity, raw materials used, processing chemicals, products and waste disposal methods (liquid & solid). Discharge permits should be linked with license or other permits, specifications of receiving water and municipal sewerage systems, discharge limits (intermediate if necessary) and time limit. Other inclusions should involve operating conditions, such as, the use of Cleaner Production Technologies, leakage control, minimum water use, etc. Monitoring and Reporting requirements and procedures should be specified in the discharge permits, as well as, improvement program. There should be a general condition and right for the relevant authority to inspect the facilities and monitor the discharges. There should be a system of permit fee and fees for inspection should be introduced. Environmental quality monitoring capability for the River Basin Water Office (RBWO) and Central Water Laboratory, as well as, Regional Water Laboratories should be strengthened. C. EA REQUIREMENTS AND GOVERNMENT'S CAPACITY The EIA requirements in Tanzania are not supported by legislation and there are no responsible authorities that have been explicitly designated according to sector legislation. However, some sector ministries have included EIA requirements in their sector laws and regulations. For example, the Tanzania National Parks (TANAPA) has made EIA to be mandatory and it has already developed its own guidelines for carrying out EIA since 1993. Again, the process of establishing comprehensive legislation and regulatory frameworks is still on-going in the country. The national capacity for management and implementation of environmental assessment requirements is still limited. The EIA regulatory framework still covers only certain sectors and capacity to implement recommendations of mitigation and environmental management is also low within those sectors. Although there is a wide range of organizations with expertise relevant to EIA in the country, most of them have never been exposed to EIA process and do not have EIA specific expertise. However with increasing involvement of private sector on the national development and future enactment of national level EIA legislation will significantly increase demand for indigenous EIA expertise. It is thus recommended that: x Provision for EIA requirements should be stated in the Water Laws. The NWP and Water Utilization Act should be reviewed to include EIA requirements for water resource management projects. The EIA should be mandatory of large scale water projects and should be based on investment costs and projects in sensitive areas. The MWLD should develop its own guidelines on EIA to provide guidance on more specific water related aspects. There is a need to build capacity to undertake EIA and EIA reviews within the MWLD, including the RWD. There should be some training to improve awareness on the role of EIA in the MWLD at national, regional, district levels. D. INSTITUTIONAL NEEDS AND CAPABILITY Lack of financial and managerial or administrative skills seem to be one of the major problems limiting institutional capability at village level. Another problem is lack of education and awareness among the rural community on the importance of women participation in village committees. Although presence of NGOs and other donor funded programs could help in capacity building at village levels they have limited coverage in the district and sometimes their activities are overlapping, with different objectives and interests. However, establishment of linkage and co-ordination with these program in those village where there is RWSS program interventions could be useful in capacity building. The responsibilities and roles of the District Environment Committee (DEC) are too broad for effective implementation of environmental management plans within the RWSS Project. There should be an Environmental Unit in the DC's office to co- ordinate with Environmental Liaison Unit within the Rural Water Division (RWD). The Water Laboratory Unit in Morogoro like other regional laboratories could help in water quality monitoring as part of environmental management plans. However, the unit is faced with lack of financial resource and equipment (Mobile laboratory) to conduct periodic monitoring, especially in the rural areas. The presence of DHV Consultants (Foreign Private Consulting firm) and the Irish Aid (International NGO) in the district has been useful in capacity building in the District Water Engineer's Office in terms of design, construction and management of water supply schemes. However, their support has not been adequate and not reliable. The DWE's office is still faced by lack of transport, equipment, as well as technical and management staff. The absence of Environmental Liaison Unit within the Rural Water Division (RWD) could be a constraint in effective implementation of environmental management xi plans in the RWSS project. It could also limit co-ordination and linkage between the MWLD and NEMC during project implernentation. It is therefore recommended that: Village governments and their water committees should be strengthened through training. The training should include contract procurement, community participation & gender issues, sanitation & hygiene as well as, water resource management, environmental monitoring, as well as financial management and managerial/administrative skills. Community members should be mobilized and encouraged to form economic groups and should be assisted by village government in collaboration with District Council to obtain soft loans. The regional laboratory should be financially strengthened and equipped so that it can regularly conduct water quality monitoring. Whenever possible it should be changed into autonomous agency and should operate commercially. Environment Liaison Units should be established within the DC's office and the Rural Water Division (RWD) to ensure effective implementation of environmental management plans at district and village levels. E. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES The project is not expected to have significant negative impact on human and natural environment. Generally the project is expected to have the following positive impacts: Increased income to local food vendors, especially women by selling food to the construction workforce. Improved health condition to the rural community due to accessibility to clean and safe water supply. Temporary employment opportunity to the local people, especially youth and women during construction. Improved sanitary condition and hence decreased incidence of water borne diseases. Improved skills in 0 & M of water supply schemes and financial, managerial and administrative skills to the community leaders due to training package. Improved environmental condition in the rural community due to created awareness and training in environmental conservation activities, including tree planting, application of environmentally sound technologies (e.g. use of alternative construction materials). xii However, main potential environmental concerns that are likely to arise from the project are related to water resource use, community activities and construction activities. (a) Construction impacts The construction activities may result into vegetation destruction during creation of access roads for transportation of drilling rigs and installation of water pipelines. However, the impact may be minimized by confining the construction activities on- site and along the designated pipeline routes. The contractor is also expected to make use of labour intensive technology. There will be no significant air pollution from exhaust fumes or dust during construction due to limited number of equipment, machinery and vehicles used on- site. Pollution of ground water may result due to improper well location in relation to pollutant sources such as pit latrine, grave yards or burial sites. This problem can be controlled by proper well site identification in collaboration with local communities. Other pollutant sources may result from geological formations resulting into higher mineral contents beyond acceptable limits (E.g. Kihelezo and Muungano villages). The problem can be mitigated by carrying out water quality analysis for all successful boreholes by using Tanzania standards as criteria for acceptance. Crossing of farmlands and/or other properties may occur during installation of pipelines associated with construction of Mechanized deep well or Gravity pipe water supply schemes. This can be mitigated through diversion of routes and if not possible compensation could be considered for lost property. (b) Community impacts Poor disposal of human excreta or construction of pit latrines close to water sources may result into pollution. The impact will be mitigated by sensitizing local communities on latrine construction and uses. The community members and local artisans will be trained and provided with instructional manuals on proper siting and construction of pit latrines. The pit latrines will be sited at least 25 metres away and downhill of a water point. The bottom of the pit latrine will be at least 2.0 metres above the natural ground water table. Encroachment of human settlement towards well sites may result into risk of ground water contamination from pit latrines. The problem will by demarcating the boundaries of well sites and enactment by-laws to prevent trespassing. Cultivation and vegetation destruction around stream banks has been noted to significantly result into erosion of stream banks, sedimentation of stream/river beds and flood hazards (e.g. Muungano and Chanzuru villages). These activities create a potential threat to the sustainability of water resource. The problem can be mitigated xiii by restricting cultivation to at least 200 metres away from the stream banks through by-laws. Destruction of vegetation on mountainous areas will result into drying up of natural springs with negative impact on Gravity pipe schemes. The problem can be mitigated through extensive community education and awareness campaigns on environmental conservation and protection of water sources. The village government should also enforce by-laws to discourage uncontrolled bush fires around the water sources. Damage to pipeline installations through cultivation and construction activities along the pipeline routes by local people. This can be prevented by proper placement of pipelines at an appropriate depth below ground. The right of way will be declared and maintained through community by-laws. Accumulation of wastewater around well sites and stand pipes due to people washing or bathing near the water sources may lead into creation of mosquito breeding sites. This problem will be mitigated through construction of standard design for concrete pads with drainage channels to carry wastewater and spilled water into soak-away at least 25 metres from the source. People should be restricted from washing and/or bathing near the water sources through enactment of by-laws. Pollution of surface water is common due to human activities and trampling by livestock. This is expected to have a negative impact on those water supply that depend on surface water (e.g. Pumped surface water schemes). The impact can be mitigated filtration and chlorination to maintain water quality in pipes. The community members will be provided with hygiene education to ensure that they boil their drinking water. People will be educated on water source protection and management through extensive environmental awareness campaigns. (c) Water resource use impacts One of the possible effects from the project is ground water over-extraction hence leading into land instability, tectonic effects and disruption of hydrological balance. However, that impact is not expected due to small volume of water extracted for domestic purpose. Nevertheless, it shall be important to take precaution by limiting the number of boreholes or shallow wells per unit area of land and conduct periodic monitoring of ground water levels. Ground water monitoring system will be installed to monitor fluctuations of ground water levels and appropriate action will be taken whenever necessary. F. MITIGATION MANAGEMENT PLAN AND MONITORING INDICATORS The summarized mitigation plan has taken into consideration the nature of environmental impacts as shown in Table 1. TABLE 1: MITIGATION PLAN |POTENTIAL IMPACTS MITIGATION MEASURES I PHASE |IMPLEMENTERS xiv POTENTIAL IMPACTS MITIGATION MEASURES PHASE IMPLEMENTERS A. Construction Impacts Destruction of vegetation Confine activities on-site. Design & Contractor monitored leading into soil erosion Construction by because of access roads Use labor intensive creation during technology. transportation of drilling rigs Land restoration and re- Construction Contractor monitored and other equipment to well planting trees. & by Supervising sites and/or pipelines Operational Engineer construction. Dumping of drilling wastes Removal & proper disposal Construction Contractor monitored and construction spoils. of all construction spoils and by a Supervision other solid wastes. Engineer. Loss of crops and Consultation with community Design & District agricultural land due to representatives when Council/Regional crossing pipelines route or locating pipeline route or Water Board in well siting. well/borehole sites. collaboration with Construction Water Committees Avoid damage to private property but compensation should be paid whenever necessary. Water pollution from pit Locate the wells at Design & Contractor monitored latrines due to bore reasonable distance from pit Construction by a Supervision hole/shallow wells being too latrines (at least 50 m). Engineer in close to human settlements. collaboration with Village Water Committees. Fence off boreholes or Operational Contractor monitored shallow well sites to prevent by Supervision encroachment by people due Engineer in to settlement expansion. The collaboration with area should be declared Village Water protected under village by- Committees laws. Occupational health & safety Contractor should be Construction Contractor monitored of workers during responsible for health & by a Supervision construction safety of workers. Engineer. Only trained personnel should be allowed to operate equipment on-site. There should be a qualified person to administer first aide on-site. Increased incidence of STD Awareness & education Construction Health Committee in & HIV/AIDS due to campaigns on STD and HIV. Collaboration with construction workforce in the Village village. Dispensary/MCH staff. Locate the construction Design & camp far away from village Construction settlement. xv POTENTIAL IMPACTS MITIGATION MEASURES PHASE IMPLEMENTERS Limit number of workforce to Design & Contractor in technical & skilled labor Construction collaboration with only. The rest of workforce Village government should come from the rural and Supervision communities. Engineer B. Community Impacts Bush fires & tree felling by Enforce by-laws to Construction Village government local community around discourage bush fires around & Operation and District councils water sources and upper water sources and catchment. catchment areas. Promote the use of Construction Water Committees in alternative construction & Operation collaboration with materials and energy local NGOs, CBOs, sources to minimize etc. deforestation. Initiate environmental education and awareness campaigns. Accumulation of wastewater Prevent people from washing Operational Village government in around well sites or or bathing close to well sites collaboration with standpipes due to people or stand pipes though Village water washing or bathing close to enactment of by-laws. Committees. the water sources, hence Construct standard concrete Construction Contractor and into potential breeding sites pads for standpipes and/or Design Engineers in for mosquitoes. hand pump shallow wells collaboration with drainage channel to carry Village Water spilled water into soakways. Committees. Encroachment to well sites Fencing off and demarcating Construction Village Government in and open water sources due boundaries of well & Operation collaboration with to expansion of human site/boreholes. Water Committees. settlement and farmlands. Well/borehole sites should be declared protected area under village by-laws. Pollution of open water Treat water in storage tanks Operation Trained personnel sources due to human and/or reservoirs by appointed by village activities and trampling by chlorination, especially in water committee. livestock. small towns. People should be educated Operation Water committee. and encouraged to boil drinking water. Local dispensary staff. Promote the use of pit Village Governments latrines through education in collaboration with and by-laws. Water or Environmental Committees. Damage to pipelines by local Declare right of way (RoW) Construction Village government in people during cultivation and and enact by-laws to prevent & Operation collaboration with planting crops with deep people from cultivating along Water or Environment rooting systems along pipeline route. Committees pipeline route. Pipelines should be Construction Contractor. submerged below the ground to an appropriate depth. C. Water resource use impacts xvi POTENTIAL IMPACTS MITIGATION MEASURES PHASE IMPLEMENTERS Spontaneous growth of algae Proper design for water Design & Contractor monitored and other waterweeds in storage tanks and /or Construction by Supervision open storage tanks or reservoirs. Engineer reservoirs due to Periodic cleaning of water Operation Trained personnel temperature and exposure to storage tanks and/or appointed by Village sunlight. reservoirs. water Committee Over-extraction of Amount of water extracted Construction Contractor monitored groundwater leading into for domestic purpose is not by supervision land instability and expected to cause significant Engineer. hydrological imbalance. impacts. However, a precaution may be taken limiting the number of wells or boreholes per unit area. Periodic monitoring of Operation Trained persons ground water levels should appointed by Village be instituted. Committees MONITORING INDICATORS In developing a checklist of monitoring indicators (Table 2) it has been important to include the assessment criteria for easy evaluation of effectiveness of proposed mitigation measures. TABLE 2: CHECKLIST OF MONITORING INDICATORS MONITORING INDICATORS ASSESSMENT CRITERIA A. WELL/BOREHOLE SITES Hand pump base condition (strength). Durability. Location of pit latrines, burial sites, graveyards and Distance (at least 50 m) other contaminant sources relative to well sites. Location of soakways from well sites. Distance (at least 25 m). Location of water table relative to pit latrine bottom Distance (at least 2.0 m). Presence of animal and or human waste around Cow dung and/or human well sites. wastes. Presence of standing wastewater around well sites Standing water with mosquito and disease transmitting vectors larvae. Presence of livestock water drinking troughs Number of charcos (charcos). Presence of concrete pads and drainage channel Standard design (RWSD) for carrying water to soakways. On-going human activities around well People washing and/or bathing sites/standpipes. Presence of spilled oil, drilling wastes and other Oil, drilling mud, soil, rock construction wastes. waste, etc. B. WATER RESOURCE Ground water levels and recharge rates. Depth (m) and recharge rate (US) Changes in water quality Tanzania standards. On-going human activities around natural water Bush fires, tree felling, sources and catchment areas. cultivation, etc. Characteristics of water storage tank/reservoir. Standard design. C. HEALTH & SAFETY xvii Incidenoe of waterbome and sanitary related Malaria, diarrhea, typhoid, diseases. trachoma, etc. Prevalence of STDs and HIV/AIDS among the rural Reported STDs and HIV/AIDS people. cases. Presence of first aid-box on-site during Completed first aid kit construction. Incidence of accidents due to construction activties. Reported cases. D. SANITATION & HYGIENE Presence and condition of pit latrine (e.g. VIP) Number of households. Presence of wastewater disposal facilities Number of households. Drinking water handling practice (e.g. boiling). Number of households. E. INSTUTIONAL CAPABILITY Presence of water committees and water fund Water committee operating contribution. bank account Gender representation in village committees. Number of Men against Women. Presence of active economic groups. Number of groups & their economic activities. Community awareness & education on Environmental conservation, environment, sanitation & hygiene matters. sanitation & hygiene practice. Presence and enforcement of by-laws on Existing by-laws. environment & water resource protection. F. SOCIO-ECONOMIC CONDITION Changes in local people's livelihood. Income per capita Improved acoess to good quality water resulting into Distance of water source from increased opportunity by women to participate in households (not more than 400 other productive activities. m). Education. Number of schools & enrollment. Medical services. Number of dispensaries & availability of medicine. Transport. Road network conditions & major means of transport. TRAINING PLAN The proposed training plan should involve sector expertise at district level and local community. At community level emphasis should be put on Village government, Youth & Women representatives and local artisans. The contents of the training programme, time frame and implementers is summarized in Table 3. xviii TABLE 3: PROPOSED TRAINING PLAN STAGES TARGET GROUP IMPLEMENTERS CONTENTS TIMING DURATION OUTPUT STAGE I Sector expertise at Qualified local NGOs, Ground water monitoring and 12 months District level (e.g. District Private Consultants & sanitary survey techniques. before project Natural Resource related institutions. Existing policies, legislation starts. Officers) regulations and by-laws. Trainers. Land degradation (vegetation) and water resources availability & quality with emphasis on hydrological cycle. Water pollution on human health and poverty with emphasis on sanitation & hygiene. STAGE II Representatives from: Sector expertise As above - Youths & Women Groups - Village committee. - Village Members Representatives from: Local NGO dealing with Construction of VIP latrines and 6 months 3 weeks Trained - Youths & Women promotion of VIP wastewater disposal chambers before project representatives Groups latrines. using cheap and locally available - Village committee. materials. - Village Members - Local artisans Financial and Business Financial and Managerial or Institutions Administrative skills. STAGE IlIl Rural communities in Sector expertise in Education & awareness During project Continuous Increased general. collaboration with campaigns on environment, implementation awareness on Water & Environment sanitation & hygiene. after environment, Committees. commissioning hygiene matters. xix TRODUCTION 1.0 General On 8th October 2000, the Ministry of Water & Livestock Development (MWLD), hereafter called the Client, assigned M/S Ako of Serviceplan Ltd. (hereinafter called the Consultant) to conduct environmental assessment (EA) study for Rural Water Supply & Sanitation Project (RWSSP). The Consultant was required to carry out the study in ten selected villages of Kilosa (Morogoro region), Rufiji (Coast region) and Mpwapwa (Dodoma region) districts. In this report the Consultant presents findings from the study conducted in Kilosa district from 21st to 23rd November 2000. The report is divided into seven sections, whereby section one is introduction. This is followed by section two, covering policy, regulatory and legal framework. Section three deals with Project description. Biophysical and socio-economic baseline information is given in section four. Section five, outlines the potential community sub-projects and their impacts. In section six the report contains mitigation management and training plan. Finally, in section seven there is environmental monitoring plan and checklist of monitoring indicators. Also, the report contains some appendices, whereby Appendix I consists of references, followed by Appendix II that gives a summary of village baseline information. Appendix IlIl shows the water supply status for ten selected villages of Kilosa district. The water quality data for some boreholes is found in Appendix IV. In Appendix V there is a list of authorities contacted during the study. The terms of reference for this study have been attached in Appendix VI. Finally, the report shows the names of study team members and the Consultant's curriculum vitae (CV) Appendix VII and Vil, respectively. 1.2 The Study Area Kilosa district is about 270 km from Dar Es Salaam (Fig.1) and situated between 6- 10S and 350E, with an altitude ranging between 300-600 meters above sea level (m.a.s.l.). The district covers 14,918 square kilometers (kM2), with a total population of about 466,000 people. The main ethnic groups in the district are the Sagara, Kaguru, Kwiva, Vidunda and some few Gogo tribes. Kilosa district is comprised of 9 Divisions, 36 Wards and 132 Villages, with Kilosa town being its administrative headquarters. The district is divided into three ecological and six agro-economic zones (Fig. 2). The three ecological zones include the flood plain, the plateau and the mountainous or upland zones. The flood plain consists mainly of flat and undulating topography that extends to the foothills at about 550 m.a.s.l. Specifically, the study area is the rural community of ten selected villages of Kilosa district. These include Kihelezo, Msimba, Muungano, Chanzuru, Kiegea, Twatwatwa, Meshugi, Nguyami, Mkalama and Leshata. The spatial distribution of the villages within their agro-economic zones is shown in the map (Fig.2). 1 1.3 Purpose and Objectives of the Study The purpose of this study was to conduct Environmental Assessment (EA) for Rural Water Supply & Sanitation Project (RWSS) Project in ten selected villages of Kilosa District (Morogoro Region). Specifically, the objective was to identify environmental impacts associated with rural water supply & sanitation schemes. In a long term the aim was to develop an EA checklist and checklist of monitoring indicators for different community sub-projects. 1.4 Scope and limitations In this study the Consultant's task was to: Develop bio-physical and socio-economic baseline data. Describe the pertinent policies, legislation, regulations and standards governing environmental quality at national and international levels. Assess the present handling of EA requirements and procedures, as well as the GOT capacity to handle them in future. Identify potential environmental impacts and community sub-projects. Propose environmental mitigation plan to minimize those negative impacts and thereafter prepare an EA checklist for different community sub-projects. Develop an environmental monitoring plan and then prepare a checklist of monitoring indicators. Identify institutional needs and capability to implement EA recommendations at national, regional, district and community (village) levels. The field survey was supposed to be conducted in ten selected villages of Kilosa, namely Kiegea, Nguyami, Leshata, Meshugi, Mkalama, Twatwatwa, Chanzuru, Muungano, Kihelezo and Msimba. However, due to limited time the survey covered only Msimba, Twatwatwa, Kihelezo, Muungano, Kiegea, Nguyami and Chanzuru villages. 1.5 General Approach & Methodology 1.5.1 General Approach 2 In undertaking this study the Consultant's approach was: To define and characterize the study areas by using 1:50000 scale topographic map. To divide the study area into distinct agro-economic zones To identify the existing beneficiary communities in each agro-economic zone. To select representative sample communities according to spatial distribution within those agro-economic zones. The agro-economic zones were used as a criteria for selecting sample villages, because they reflect a local climate, and thus land use pattern and natural resource potential, including water resource availability. 1.5.2 Methodology After selecting the representative communities the Consultant divided the study into two major components i.e. desk work and field survey. Desk work The desk work involved preparation of survey forms and questionnaires, acquisition and reading topographic maps, review of various documents, reports, etc. Field surveys The field surveys involved on-site physical investigation and filling up standard bio- physical and socio-economic survey forms. Whenever possible water samples were collected for laboratory analysis. Other activities included conducting informal & formal interviews, focus group discussions and/or carrying out meetings with local community members. The Consultant also carried out discussions with key informants at village, district and national levels. 3 FIG. 1: THE MAP OF KILOSA DISTRICT -RURAL ROADS AND VILLAGE CENTRES 4 2.0 POLICY, LEGISLATION, REGULATORY & INSITUTIONAL FRAMEWORK 2.1 Policy The Tanzania government's commitment to environmental protection for sustainable development is reflected in its three policy documents. These include, the National Environment Policy (NEP), National Environment Action Plan (NEAP) and National Conservation Strategy for Sustainable Development (NCSSD). Again, some initiatives have been taken to prepare the Draft Environment Protection Bill (1994) and the Bill to enhance the powers and responsibilities of National Environment Management Council (NEMC). Moreover, the Tanzania government is a signatory to the 1992 Rio Conventions (i.e. Convention on Biological Diversity 1992 and Framework Convention for Climate Change 1992). The overall objective of NEP (1997) is to raise public awareness and understanding of essential linkages, between environment and development. The other object is to promote individual and community participation in environmental actions. This policy objective is in line with the 2000 National Water Policy (NWP) approach to rural water supply & sanitation, whereby community participation and other stakeholders in water resource management is emphasized. The NEP policy addresses environmental issues from both natural and social context, by adopting the principle of sustainable development. According to the policy, exploitation/utilization of natural resource, investment and technology development has to be carried out in a sustainable manner without compromising the environment for the benefit of the current generation and of the future. The NEP has developed proposals for enactment of framework to address environmental issues in line with international agreements, commitment and national concerns. Main objectives of the framework are: To take into account various government agencies involved in regulating specific sectors of economy. To integrate the activities of the government agencies. To promote co-ordination and co-operation among various government agencies and define environmental management tools of general scope. The framework intends to facilitate consistent policy and enforcement to ensure that: EIA is carried out for any major development project before its commencement. Environmental monitoring is done in compliance with the set standards. Environmental auditing is undertaken to evaluate the efficiency of environmental organization, including its management and equipment being used. 5 The Ministry of Water & Livestock Development (MWLD) on its part has also taken environmental issues into consideration. For instance the 1991 National Water Policy was revised to form the 2000 NWP. The policy identifies EIA as one of the important legal instrument for policy implementation. The policy issues of concern in the environment sector is environmental water needs, that is, water needed to protect the environment. It identifies major aquatic ecosystems, including their ecology, hydrology and in-stream flow requirements. Thus the policy focuses on setting up environmental quality standards, establishment and enforcement of effective regulatory mechanisms for environmental flow requirement. For example, in the case of the Lower Kihansi Hydropower Project, some amount of water had to be left to continue flowing in the Kihansi river to ensure the survival of some unique and endemic species of frogs. The NWP specifies issues related to Rural Water Supply & Sanitation. The policy gives emphasis on improving the health and socio-economic well being of rural communities through improved access to safe, adequate and sustainable water supply. It recognizes the relationship between lack of safe water, poor hygiene & sanitation conditions as the major cause of sickness and death, and of course poverty. The policy identifies the rural women and children the most vulnerable groups living in poor conditions, always subjected to diseases and foregone opportunities. One of the policy strategies in this connection is to emphasize and/ or promote health & hygiene education to the rural people, rather than providing water supply alone. Thus according to the policy the integration of water supply, sanitation and hygiene education should be geared towards maximizing health impact to the rural community, especially women & children. To ensure effective implementation the policy strategy focuses on promoting collaboration with the Ministry of Education & Culture (MOEC) and the Ministry of Health (MOH). Again, demand responsive approach and community participation (NGOs, CBOs, Private sector, etc) in the planning, financing, design, operation & maintenance (O & M) of rural water supply & sanitation scheme is one of the policy elements being addressed. It also recognizes the need for water to livestock and the need to include livestock in the designs of rural community water supply schemes. The principle statement is that, provision of adequate water to livestock will be ensured though construction of dams/charcos and integrating livestock requirement in the design of rural water supplies. FINDINGS AND RECOMMENDATIONS Findings One of the important strategies in the NWP implementation is to promote water supply, sanitation and hygiene education among the rural community. However, the policy does not specify in its objectives the issues of environmental awareness and education. For example environmental degradation (vegetation destruction and water pollution) of water sources is one of the major problems that could threaten the sustainability of rural water supply schemes. It is therefore important that 6 environmental awareness and education should be given weight in the policy. That should include promoting technologies that minimize environmental degradation. For example, promoting the use of efficient charcoal stove (Jiko Bora), that consumes little charcoal and conserves heat (e.g. Jiko bora). Again, use of red soil and cement bricks for house construction in rural areas can be promoted to minimize vegetation destruction or the use rice husks for burning bricks instead of fuel wood can be promoted. Therefore, one of the policy objectives in this case should be to promote environmental conservation and encourage environmentally sound practices and/or technologies to protect water sources. Another policy strategy is to make EA mandatory prior to execution of all major water related projects. However, there are no guidelines developed by MWLD for carrying out EA in water supply development projects. For example TANAPA has developed its own EA guidelines for development projects being carried out in the National Parks or Game Reserves. It could be important if the MWLD could develop its own EA guidelines and environmental management plan (EMP). From those guidelines, it shall be possible to develop standard EIA reports, techniques and reviews that are specific to the water sectors and within the local context. The output in this case, should be EA guidelines, standard reports and reviews process, that address the requirement of the sector and put local issues into consideration. The policy identifies conflict of interest among water users due to water resource planning approach that is sector oriented and regionally based or project specific. To alleviate this problem the policy will integrate national, basin, sub-basin and community level plans. It states that inter-sectoral planning at basin level will be formulated and participatory approach at all levels will be promoted. According to the policy, environmental issues will be analyzed at planning level. However, the policy does not give any implementation strategy to ensure that environmental issues are incorporated in all stages of water resource development. There should be an institutional reform in the MWLD by establishing an environmental section. The responsibility of this section shall be to foresee implementation of environmental management plans and to link and co-ordinate with the Environment Division and NEMC. The question of water source protection and cleaning due to pollution has been noted in the policy to involve financing mechanism. However, up to now source of funding largely depends on government budget and thus not adequate. There is a need to look for other sources to complement the government budget. One of the sources may involve introduction of water users charges (WUC) and polluter pays principle (PPP). Other mechanism is to encourage local communities to actively participate in water sources protection. The established community water funds should be used, not only, in 0 & M water supply schemes but also water sources protection. Recommendations 7 Environmental awareness and education should be given weight in the NWP. That should include promoting technologies that minimize environmental degradation. The MWLD should develop its own EA guidelines and environmental management plan (EMP) to address environmental issues in the water sector. There should be an institutional reform in the MWLD by establishing an Environmental Unit. The responsibility of this Unit shall be to foresee implementation of environmental management plans and to link and co-ordinate with the Office of the Vice President through its Environment Division and NEMC. The financing of water protection from pollution should involve introduction of water users charges (WUC) and polluter pays principle (PPP). The local communities should be encouraged to actively participate in water sources protection. The established community water funds should be used, not only, in 0 & M water supply schemes but also in financing protection of water sources. The legislation to support implementation of EIA requirements in the water sector should be incorporated in the Water Utilization Act. 2.2 Legislation and Standards Governing Water Quality 2.2.1 Legislation (a) Legislation in Tanzania The relevant legislative matters of environmental concern in Tanzania relate to Solid Waste Management, Pollution Control, Environmental Quality Standards, Land use, Health & Safety, Protection of Wildlife, Sensitive areas, Unique Flora & Fauna, as well as, Protection of Natural & Cultural Resource. (i) Protection of Sensitive Areas & Unique Flora & Fauna The relevant legislation in Tanzania related to preservation and/or protection of sensitive areas and unique flora & fauna are: Fauna Conservation Ordinance' (an Ordinance is law promulgated before in dependence) Cap. 302 as amended by Acts No. 15 and 17 of 1963 and Act No. 7 of 1965. National Parks Ordinance (Amendment) Act No. 44 of 1963. Forest Ordinance of 1957 Cap. 389, Forests (Amendment) Act No. 43 of 1963. Land Ordinance Cap. 113. 1 A law promulgated before the country got independence. 8 Public Land (Preserved areas) Ordinance (Amendment) Act. No. 28 of 1965. National Land Policy (1997). Industrial Licensing and Registration Act of 1967 and its Amendments of 1982. Water Utilization (Control and Regulation) Act. Of 1974 as amended by Water Utilization (Control and Regulation) Act of 1981. Fisheries Act. No. 6 of 1970. Wildlife Conservation Act No. 21 of 1974. National Environment Management Act No. 19 of 1983. (ii) Solid Waste Management The principle legislation that governs waste management is found in the Local Government Acts, National Land Use Commission Act and Town & Country Planning Ordinance. However, no specific legislation that addresses solid waste management issues. The Land Use Planning Act gives Local Authorities the power to designate land in urban areas for specific uses, like solid waste disposal sites. Besides that, the Common Law Principle of Nuisance can be applied to solid waste disposal sites (e.g. Case of Belegere Vs Dar Es Salaam City Council)2 The relevant policy is the NEP whose primary objective is to promote environmentally sound technologies, that are less polluting, recycle more of their wastes and handle wastes in a more acceptable manner than the technologies they replace. Within the NEP, Health sector refers to provision of waste disposal services. The industry sector refers to prevention, reduction, control and limitation of damage and minimization of risk from general management, transportation, handling and disposal of hazardous wastes. (iii) Air Pollution There is neither legislation nor definitions of standards or objectives pertaining to air pollution. So far the only item of legislation is that which appears in the Penal Code and Merchant Shipping Act of 1967. The Penal Code stipulates that "voluntarily violating the atmosphere so as to make it noxious to the health of persons in the vicinity" is a misdemeanor. The Local Government Act (District and Urban Authority Act, 1982) contains provisions to protect human health and regulates pollution problems. The Merchant Shipping Act (1967) prohibits emissions of dark smoke from ships for more than five minutes in any hour, within a certain distance from the shoreline. However, the Common Law 2 In 1985 the Residents of Kunduchi Mtongani, Dar Es Salaam successfully moved the high court to close a dump site which was opened by the City Council in the residential area due to air pollution problem. 9 Principles of Nuisance can also be applied in matters of air pollution as in the case of solid waste management. The NEP seeks to reduce and control impacts from industrial emissions through location, control of emission and use of environmentally friendly technologies (Clean Technology). The policy also seeks to establish permissible noise levels in cases of noise-prone industries and construction sites. However, there are no established air and noise quality standards, although draft proposals have been prepared by NEMC (1997) for ambient air and emission sources. (iv) Mining So far no legislation in Tanzania which specifically deals with control of land pollution. However, this issue can be related to land use policy and regulations. The NEMC Act (1983) has some provisions to initiate steps for the protection of environment by preventing, controlling, abating or mitigating pollution to land, water, air, etc. The NEP addresses the issues of land pollution, especially in regards to mining sector. It states that "measures will be taken to minimize pollution from the mining sector. These include reclamation and restoration of land after use, mining discharges to ground and surface water". According to the policy, land, ground & surface water pollution shall be controlled and preventive as well as, clean up measures for accidents shall be formulated and implemented. Similar policies are also applicable to other industrial sector. (v) Land use The relevant legislation controlling land use and its management include: National Land Policy (1997). Land Ordinance Cap. 113. Public Land (Preserved areas) Ordinance (Amendment) Act. No. 28 of 1965. Town and Country Planning Ordinance was established to regulate land use planning schemes for designated areas. Natural Resource Ordinance to create Natural Resource Board, responsible for supervising natural resource. The National Land Use Planning Commission to advise the government on land conservation and development. The Local (District and Urban) Authorities Acts (1982) to empower Local Authorities to make by-laws on soil protection, agriculture, water supplies and other natural resource. 10 Other legislation relevant to land use include, Range Land Development and Management Ordinance, Land Ordinance (1961) and Land Acquisition Act (1967). Recently, the Land Act (1999) has been enacted to regulate land allocation, including a village land. The National Land Policy (1997) addresses issues of protection of sensitive areas. These include water catchment areas, small islands, border areas, beaches, mountains, forests, national parks, rivers, river basins & river banks, and seasonal migration routes of wildlife, national heritage and areas of biodiversity. According to policy, these areas or parts of them shall not be allocated to individuals. The policy also deals with protection of hazard lands, such as, river valleys, areas of steep slopes, mangrove swamps, marshlands. The policy recognizes that apart from posing danger to life and property, development on those areas contributes to land degradation, pollution and environmental degradation in general. (vi) Water Water pollution and supply are covered by Water Works Ordinance (Cap. 281), the Urban Water Supply Act, 7/81 and Water Utilization and Control Act, 42/74. The Water Works Ordinance specifies that, pollution of water supplies constitutes a punishable offence. The Urban Water Supply Act gives the National Urban Water Authority (NUWA, now DAWASA) powers regarding surface and ground water pollution. It specifies that, pollution of surface or ground water is a punishable offence. The Water Utilization and Control Act establishes temporary standards for receiving waters and effluent discharge standards. The Public Health Sewerage and Drainage Ordinance Cap. 335, prohibits the discharge of certain substances into sewers, violation of which is an offence and penalties may be imposed. The Government of Tanzania has also created the following bodies with specific tasks to regulate water pollution. These include: National Urban Water Authority (NUWA now DAWASA) Tanzania Bureau of Standards (TBS). National Environment Management Council (NEMC). The existing legislation on water resource management is: The Laws of Tanganyika 1947 & 1950 Cap. 281. Water Works Ordinance (Subsidiary Legislation) Cap. 281. Public Health (Sewerage & Sanitation) Cap. 336. Water Utilization (Control and Regulation) Act No. 42 of 1974. Urban Water Supply Act. No. 7 of 1981. Water Utilization (Control and Regulation) Amendment Act. No. 10 of 1981. 11 Written Laws (Promotion and Protection) Act. No. 10 of 1990. Water Utilization (Miscellaneous Amendment) No.8 of 1997. Water Laws (Miscellaneous Amendments) Act of 1999. Major topics covered in the law in water resource concern protection and exploitation. In water protection important topics deal with Ownership of water resource. Protection of water resource. Protection of flora & fauna and natural environment in relation to water resource. Protection of water quality in other countries. Discharge of waste water in water sources. For water resource exploitation main topics covered are concerned with: Regulation and distribution of water resource. Right of organization and individuals to exploit and use water resource. Obligations of organizations and individuals that exploit and use water resource. Issuing of permits for exploitation and use of water resource. Generally, legal and policy issues on environment are supposed to provide health and safe environment for sustainable development. The legislation relates to the external environment such as availability of safe and sufficient water, sewage treatment, and waste disposal services and pollution control mechanisms. Health & safety issues are also relevant to environment at work places, as it affects the health and safety of workers. (vii) Health & safety Generally, legal and policy issues on environment are supposed to provide healthy and safe environment for sustainable development. The legislation relates to the external environment, such as availability of safe and sufficient water, sewage treatment, waste disposal services and pollution control mechanisms. Health & safety issues are also relevant to the environment at work places, as it affects the health and safety of workers The items of legislation that a relevant are relevant to health & safety are found in the Factories Ordinance and Penal Code. The Factories Ordinance deals with health & safety of workers at their work places. The word "factory" as considered by this ordinance includes most places of work. This ordinance sets standards for health, safety and welfare of workers. It empowers the Minister for Labor to make rules for health, safety and welfare of workers. The legislation states that: "Where the Minister is satisfied that, any manufacturer, machinery, plant, equipment, appliances, processes or description of manual labour, 12 is of such a nature as to cause risk of bodily injury/harm, or to be offensive to the person employed. Then the Minister shall take a legal action to protect the employee." Thus, based on its broad context, the ordinance is also relevant to this project, as far as construction works and operation of equipment on-site is concerned. The Penal Code can be considered to be another relevant legislation to this project. It restricts the practice of noxious trades and this restriction extends to cover unsafe places of work. The existing policy matters within NEP are relevant to Health & Safety. This is the case because reduction of emissions and pollution from industry and adoption of clean technologies are beneficial to workforce, as well as, the general public. The specific policy that refers to health & safety is the industry sector policy, that seeks to ensure workers' health and safety are adequately protected from potential environmental health hazards. Again, under the Local (District and Urban) Authorities Acts (1982) the Local Governments have been empowered to make by- laws regarding public health and safety issues. (viii) Vegetation & Wildlife The Wildlife Conservation laws restrict hunting or cutting vegetation in the National Parks and Game Reserves. However, the laws are less strict in the Game Controlled Areas. The Wildlife Conservation Act protects wildlife and vegetation. Under the Act the utilization of wildlife is restricted to license holders. The use of sensitive wildlife habitats is restricted during a certain times of the year or for specific periods. Wildlife Conservation Act of 1974 (Amendment) limits exploitation of certain forest resources by requiring specific licenses for harvesting and selling forests products. The revised Forestry Policy of 1993 recognizes the important role of forests in the maintenance of the environment, provision of forestry products and the protection of watersheds and bio-diversity. (ix) Marine and Freshwater Fisheries The important item of legislation in the fisheries regulation is that which prohibit flow or passing into water any solid, liquid or gaseous matter or cause water pollution in any lake, river, dam, estuary or sea water. This legislation requires any person responsible for pollution to clean the polluted water within a reasonable period at his/her own expense. Again, specific regulations were introduced in 1973 and 1982, under the Fisheries Act (1970), to limit annual fish catches. The legislation also puts limitations on methods of fish harvesting, including the outlawing of dynamiting and poisoning. (x) Agriculture The agricultural Policy addresses issues of land degradation from agrochemical. The donors support programs such as the Land management Program (LAMP), the Soil Erosion Control and Agroforestry Program (SECAP) and the Soil Conservation and Agroforestry Program (SCAPA) aim to reduce pollution from agrochemical. 13 (xi) Cultural Resource & Heritage The relevant items of legislation on cultural resource & heritage are found in the Antiquities Act and Protected Places & Areas Act. The Act seeks to protect through regulation of access to declared monuments, relics and conservation areas. It gives the Minister for Legal Affairs the authority to prevent or control movement and conduct of people in certain areas. International Treaties & Agreements The principal international treaties and agreements related to environment of which Tanzania is a signatory (MTNRE and Green Globe Yearbook, 1993) are: Convention Related to the Preservation of Fauna & Flora in their natural set up - London 1933. Convention on the African Migratory Locust - Kano, 1962. African Convention on the Conservation of Nature and Natural Resource-Algeria 1968. Convention on the Protection of the World Cultural and Natural Heritage (World Heritage Convention) Paris 1972 (UNESCO). Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)- Washington DC, 1973 (UNEP) United Nations Convention on the law of the Sea (UNCLOS) Montego Bay, 1922. FAO International Undertaking on Plant Genetic Resource-Rome1983. FAO International Code of conduct on the Distribution and Use of Pesticide -Rome, 1985. Convention on Biological Diversity - Rio de Janeiro 1992 (UNEP). Framework Convention on Climate change-Rio de Janeiro, 1992 (UNEP). FINDINGS AND RECOMMENDATIONS Findings The existing legislation within sectoral ministries is adequately covered to guide environmental management, including EIA requirements. However, no comprehensive legislation that enforces implementation of NEP or that empowers NEMC to make EIA requirements mandatory and legally binding. The legislation does not adequately address water resource ownership, management and utilization. Under the existing laws, the United Republic of Tanzania owns water resource, and every one has a right of access to free water 14 supply. However, access to some minimal amount for essential needs is not stipulated in the Water Law. The issues of ground water utilization, pollution control and monitoring are not adequately addressed in the current law. This may result into problems and some times conflicts. For example, in recent years, there have been an increasing number of individuals and institutions, who have turned into ground water sources utilization. Monitoring of these individual water users is important because over-extraction of ground water may result into problems. These include hydrological imbalance, land subsidence and vulnerability of land to tectonic effects (earthquake). Therefore, question of water pollution, and allocation of ground water resource among various users should be adequately covered in the legislation, to avoid environment degradation and hazards due to uncontrolled extraction. There are some deficiencies in the existing law on water resource. According to the NWP (2000) the existing legislation does not show clear distinction and separation of roles of service, operational and management function on one hand and regulatory functions on the other hand. There is a need to revise/review the current legislation so that regulatory functions are separated from service functions. Another shortcoming with the current legislation is lack of adequate representation of water users, especially at village level. There is a need to review the current legislation in order to cover water users at village levels. The village governments should be encouraged to establish by-laws to protect the environment and water sources. There is a linkage between land, environment and water resource management. Therefore, the MWLD should co-operate with Ministry of Lands & Urban Development (MLUD), Ministry of Natural Resource and Tourism (MNRT), Office of the Vice President and Ministry of Agriculture & Food (MOAF). The respective legislation should be reviewed and harmonized to avoid conflicts of interests among the ministries. The water use issues are dealt with in various sectors, but they are not in harmony with each other, hence difficult to prosecute offenders. Again, it may be not be appropriate to prosecute them in the absence of comprehensive legislation. Therefore, such legislation should be established to cover other sectors. The sector Ministers should then refer to the legislation on water resource in matters related to their own sector's water use, consumption and pollution. Various actors at different levels are performing some aspects of water resource and environmental management but no effective co-ordination and collaboration exist among them, hence resulting into over-lapping responsibilities and duplication of efforts, Recommendations 15 The formulation of comprehensive environmental legislation should be speeded up to facilitate implementation of NEP and empower NEMC to make EIA mandatory and legally binding. The issues of water resource ownership, management and utilization should be specified in the Water Law. The question of ground water utilization, pollution and monitoring should be addressed in the Water Law to cope with the current situation, whereby private and individuals participation in ground water works is rapidly increasing. The current legislation on water resource management should be reviewed in order to have a clear distinction and separation of roles of service, operation and management function on one hand and regulatory function on the other hand. The water users at village level should be covered in the current legislation and the village governments should be encouraged to establish by-laws to protect water sources and environment in general. The respective legislation in sector ministries should be reviewed and harmonized to avoid conflict of interests. Comprehensive legislation should be established to cover all water related sectors and the Minister for water should enforce legislation on various sectors' water use, consumption and pollution. There should be a clear statement of institutional responsibilities and supporting legislation in to facilitate implementation of NEP and reduce duplication of efforts. 2.2.2 Standards Governing Environmental Quality (a) International Standards Relevant international standards governing environmental quality include: WHO Guidelines for Drinking water Quality by WHO (1963, 1984) with addendum of 1993 and 1998. European Union Drinking water Quality Standards (November, 1998). Norwegian systems of fresh water classification. (i) European Union (EU) The EU drinking water quality standards are given in the following directives: Directive No. 75/490 EEC . Concerns with quality of surface water intended for abstraction of drinking water in the member states. Directive No. 80/778/EU. Relates to quality of water intended for human consumption, specifically deals with maximum admissible one. 16 Directive No. 98/83/EU. Deals with quality of water intended for human consumption but specifically deals with parameter value. In EU, discharge standards are regulated for certain chemicals, like mercury and cadmium. The standards set requirements for municipal treatment plants for member states. The discharge standards are included in the national regulations, either in the discharge permits or in the general regulations. Furthermore, the specific discharge standards for certain substances, such as mercury and cadmium, are not universal but only depend on a given type of industry or factory. (ii) Norwegian System The Norwegian system for classification of environmental quality of fresh water is used for evaluation of environmental status and development. It states environmental goals, evaluates the need for pollution control measures and the effect of mitigation measures taken. Those classifications are based on the knowledge about the effect of parameters and statistical occurrence of the parameters in Norwegian fresh waters. The system also gives classification of the suitability for different use (Bj0rnstad 2000). In Norway, the Pollution Control Act stipulates that nobody is allowed to pollute without a discharge permit. The Act specifies effluent standards, together with general requirements for use of Best Available Technology (BAT), and Cleaner Production Technology. The Norwegian State Pollution Control Authority (NSPCA) has established a system of more individually specified discharge permits for each polluting factory. (iii) Oslo-Paris Convention The Oslo-Paris convention concerns with the protection of North sea, whereby specific types of industries are given recommendations on effluent standards. For example, whether Textile and Electroplating industries pollute the environment or do not pollute. According to the convention, assessment should be made of how the discharges may affect the environment. Polluters are required to monitor the discharges and report to the relevant authorities and the public. (b) National standards The national standards relevant to environmental quality in Tanzania are: Tanzania Water Quality standards. Tanzania Standards for Receiving Water. Temporary Standards for Quality of Domestic Water. 17 Classification of Environmental Status for fresh water. Tanzania Standard for Rural water Supply - 1974. (i) Standards for Rural Water The Tanzania standards for Rural Water Supply consider toxic elements, mainly fluorides and nitrates, as inorganic compounds with effect on human health. Generally, values for Tanzania standards are higher than those set by the European Community (EC) and World Health Organization (WHO). (ii) Effluent & Receiving Water Quality Standards The Ministry of Health in Collaboration with the then Ministry of Water, Energy and Minerals (now Ministry of Energy & Minerals) developed Effluent Receiving Water Quality standards in 1977. These standards were adopted and appear as schedules under the Water Utilization (Control & Regulation) Amendment Act No. 10 of 1981. The standards comprise of receiving water quality standards, the effluent quality standards and the domestic water standards. However enforcement of existing provisions is limited due to inadequate resource and fragmented responsibilities within implementing institutions. Again, there is lack of compliance by industries with current discharge standards. Therefore, there is a need for strengthening environmental regulatory capacity and associated institutional development as proposed by NEMC. (a) Receiving water Quality Standards In Tanzania, receiving water quality standards are put into three categories and provide maximum permissible concentration, whereas that of EC (1980) gives maximum admissible concentration and WHO (1993) gives recommendations. The maximum permissible concentrations for the three categories include 20 mg/L for Category I & II and 30 mg/L for Category l1l. The Category I standards is concerned drinking water supplies, swimming pools, food and beverage manufacturing industries, pharmaceuticals manufacturing industries or industries requiring water source of similar quality. Category II deals with the use of water for domestic animals, fishing, shell cultures, recreation and water for sports. Category IlIl relates to water for irrigation and other industrial activities requiring water quality standards lower than those in Category I and I.. 18 19 The Temporary standards deal with effluents for direct discharge into receiving waters. The restrictions are that those effluents should not cause sludge or scum, should not cause change in color, should not cause change in natural taste or odor and should not cause temperature change by more than 5oC. The standard also deals with effluents for indirect discharge into receiving waters through municipal sewerage plant. It specifies that effluents should not have more than 35oC or not exceed 5oC above ambient temperature of supplied water. The Tanzania standards for water quality are regulated through Water Utilization Act 1974 (Amendment 1981). The standards prescribed in 1981 amendment include standards for receiving waters, effluents standard and drinking water standards. Under the Water Utilizaton Act no person may discharge effluents from commercial, industrial or other trade waste systems into receiving water without consent duly granted by Public Water Officer (PWO). The standards related to effluents and receiving waters are specified and should be complied with by users of water before or during discharge into watercourse, receiving waters or municipal sewerage systems. In Tanzania, discharge permit is granted by Public Water Office (PWO) and Water Basin Offices (WBOs). However, discharge permit is granted by PWO for new plants only, as most industries in the country are old. Although old industries are not regulated through discharge permits, they are required to comply with the national effluent standards. Even though no follow-up is being done to ensure that effluent standards are complied with and only few industries and municipal waster water plants do regular monitoring. Nevertheless, the reporting procedures of these agencies is not always systematic (NORPLAN, 2000). This is also the case with River Basin Water Office (RBWO) and Central Water Laboratory due to number of reasons, including lack of financial resources and equipment (e.g. mobile labs). FINDINGS AND RECOMMENDATIONS Findings Since the establishment of NEP in 1997 there has been some dramatic policy changes in sector ministries. The emphasis has been to attain environmental quality standards objectives. As stated in the previous section the Environmental Protection Bill and the Bill to enhance powers and responsibilities of NEMC has already been prepared for enactment by parliament. Again, the Draft Institutional & Legal Framework for Environmental Management is already out since 28 October 1998, and it is currently undergoing some formal reviews. It can be noted that the existing, sector ministries in the country have legal authority to regulate pollution discharge and they play increasing role in environmental management. However, there is no effective implementation of pollution standards in the country due to lack of clear system for co-ordination and implementation. Lack of enforcement of existing provisions due to inadequate resource and fragmented responsibilities within implementing agencies is another constraint. Those 20 shortcomings are reflected in the current levels of environmental performance in the country. For example, lack of monitoring and low level of compliance with environmental quality standards, by industries, public and private sector institutions. Recommendations To improve the situation the following recommendations are given for environmental quality standards in Tanzania: Regulation of pollution should be based on Polluter Pay Principle (PPP), and nobody should have a right to pollute environment. Polluters should give a proof on the effect of their activities to the environment, that is, whether the activities do pollute the environment or not. Enforcement of the requirements for discharge permits must be strengthened, but should continue to be regulated through the existing Water Utilization Acts. Pollution control and prevention based on a system of discharge permits that focuses on General Environmental Protection Act should be established. That should cover discharges to water, air, as well as, noise and waste (liquid & solid wastes) production. General effluent standards should not be stated in Water Utilization Act, but they should be stated individually in the discharge permits. It should be specific to actual (industrial) sector of industry and environmental status of the receiving waters Guidelines for effluent standard should be established, based on the review of existing standards by NEMC Contents of an application for discharge permits should be specified in the regulation and EIA requirements should be submitted to the relevant authority. Pollution control and mitigation measures should be specified by industries in attending the expected effluent discharge in their applications for discharges permits. The principle of BAT and the concept of Cleaner Production Technology should be adopted. That should include procedures for handling of applications, provisions for notification and public participation, appeals and time frame. Regulations should ensure that relevant authorities and institutions are contacted. There should be a provision for existing industries to apply for discharge permits in a specified time frame. The discharge permits should specify production capacity, raw materials used, processing chemicals, products and waste disposal methods (liquid & solid). Discharge permits should be linked with license or other permits, specifications of receiving water and municipal sewerage systems, discharge limits (intermediate if necessary) and time limit. Other inclusions should involve operating conditions such 21 as, the use of Cleaner Production Technologies, leakage control, minimum water use, etc. Monitoring and Reporting requirements and procedures should be specified in the discharge permits, as well as, improvement program. There should be a general condition and right for the relevant authority to inspect the facilities and monitor the discharges. There should be a system of permit fee and fees for inspection should be introduced. Environmental quality monitoring capability for the River Basin Water Office (RBWO) and Central Water Laboratory, as well as, Regional Water Laboratories should be strengthened. 2.2.3 EA Requirements and GOT Capacity to Handle EIA Environmental Impact Assessment (EIA) is the process that involves identification, analysis and predictions of all significant impacts due to development project activities, policies and/or programs. The function of EIA is to predict the impacts of projects, programs, and policies on natural resource and environmental quality, including communities that depend on or interact with them. It is a tool for collecting and assembling information to be used for improvement of project design and implementation. One of the important characteristics of EIA is that it is process oriented, multi- disciplinary and interactive. It is aimed at providing better understanding of the linkage between ecological, social, economic and political systems. Although the words environmental impact assessment is widely employed, EIA involves social, ecological and risk assessment. The economic benefits of undertaking EIA at earlier stage of project design are well known. For example, unnecessary social disruption and cost can be avoided by incorporating EIA in the project design. Experience shows that the cost of undertaking EIA usually do not exceed 1% of the total project cost (IIED/IRA, 1995). The history of EIA in the United States (US) goes back to 1969 when the National Environment Policy Act was formulated. According to the Act, any large scale development project has to undergo EIA. The intention is to identify any potential impacts resulting from proposed project activities so that mitigation measures could be implemented to minimize or if possible avoid those impacts. In 1986 the World Bank made EIA to be mandatory in its bank financed development projects. Thereafter, the African Development Bank (AfDB) and other multilateral and bilateral agencies including, the United Nations (UN) agencies introduced EIA. Again, the European Community (EC) in 1989 directed its member states to undertake EIA for major development projects. In Tanzania, EIA was given more importance after the Rio declaration in 1992. According to principle 17 of the Rio Declaration, project proponents of any proposed development activities that are likely to have significant environmental impacts should undertake EIA. The NEP (1997) and NWP (2000) require that all major development projects should be subject to EIA. 22 Again, some initiatives have been taken by other sectors to incorporate EIA in their policies and planning. For example, the Tanzania National Park (TANAPA) policy requires EIA preparation for development activities within and/or adjacent to national park boundaries (TANAPA, 1994). The policy covers all development activities by TANAPA itself, government agencies and private sector. EIA requirement also includes the General Management Plans (TANAPA Planning Unit,1994). Other sectors also include the Department of Wildlife, the Ministry of Energy & Minerals (MEM) and Tanzania Electric Supply Company (TANESCO). The Wildlife Policy requires EIA for all significant development proposals within protected areas in Tanzania (Department of Wildlife, 1996). The protected areas in this case include the Game Controlled Areas, Game Reserves and Forest Reserves. The Ngorongoro Conservation Area Authority has also developed its policy that makes EIA to be undertaken for any development project within its boundaries. TANESCO has also made EIA to be mandatory for all power generation projects and high-tension electricity transmission lines. However, due to lack of supporting legislation policy guidelines in So far it is only the MEM that has incorporated EIA requirements in its mining policy and has developed the Environmental Management & Legislative Framework (MEM,1996). According to the policy EIA should be undertaken for large-scale mining, and that mining licenses should be issued with rehabilitation bonds. FINDINGS AND RECOMMENDATIONS Findings The review study for EIA performance in Tanzania has shown the lack of adequate expertise, institutional weakness and absence of legal framework as a major constraint (IIED/IRA 1995). In the recent years, the Vice President's Office has released a Draft Institutional and Legal Framework for Environmental Management (Vice President's Office, 1998). The draft framework is still undergoing formal review. It emphasizes integration of other ministries, including the MWLD. However, evidence show that there is a weak co-operation and co-ordination between the Vice President's Office and other ministries including the MWLD (NORPLAN, 2000). Although the NEP (1997) requires EIA to be mandatory for major development projects there is no environmental legislation for enforcing EIA in the country. The Draft Environment Protection Bill was formed in 1994 but still not yet enacted. The NEP recognizes the need for effective EIA framework, but the policy does not give details of institutional responsibilities. For EIA to be effective, specific legislation is needed to clearly state the role and responsibilities for conducting EIA in Tanzania. Thus in the absence of institutional responsibilities and supporting legislation it is not possible to have effective EIA process in Tanzania. However, despite these shortcomings the existing legislation in different sectors can help to guide and support the enforcement of EIA in Tanzania. 23 The past EIA experience in Tanzania (IIED/IRA), 1995) reveals some shortcomings in conducting EIA studies. These limitations have been in terms of quality of ToR, screening & scoping, statement clarity, quality of impact prediction, evaluation of significance of impacts, assessment of alternative options, quality of mitigation proposed, quality of monitoring & involvement of local people. That has been caused by low level of awareness on EIA by the senior staff in key institutions. Some of them have been noted to regard EIA as a constraint and that it can increase project implementation costs. Although there is a wide range of organizations with expertise relevant to EIA in the country, most of them have never been exposed to EIA process and do not have EIA specific expertise. The low level of EIA expertise in the country can be attributed to historical reasons, as for a longtime the EIA studies have been undertaken by international consultants or expatriate experts. However, in recent years the involvement of individual freelance consultants and local consulting firms has been increasing, especially following the World Bank policy to facilitate local capacity building. The increasing involvement of private sector on the national development and future enactment of national level EIA legislation will significantly increase demand for indigenous EIA expertise. The EIA requirements in Tanzania are not supported by legislation and there are no responsible authorities that have been explicitly designated according to sector legislation. However, some sector ministries have included EIA requirements in their sector laws and regulations. For example, the Tanzania National Parks (TANAPA) has made EIA to be mandatory and it has already developed its own future enactment of national level EIA legislation will significantly increase demand for indigenous EIA expertise. The EIA requirements in Tanzania are not supported by legislation and there are no responsible authorities that have been explicitly designated according to sector legislation. However, some sector ministries have included EIA requirements in their sector laws and regulations. For example, the Tanzania National Parks (TANAPA) has made EIA to be mandatory and it has already developed its own guidelines for carrying out EIA since 1993. Again, the process of establishing comprehensive legislation and regulatory frameworks is still on-going in the country. The NEP requires EIA to be mandatory for major development projects. However, there is no defined institutional responsibilities for EIA and EIA regulatory framework exists only in few protected areas, such as the national parks, marine parks and game reserves. Again, the national capacity for management and implementation of environmental assessment requirements is still limited. The EIA regulatory framework still covers only certain sectors and capacity to implement recommendations of mitigation and environmental management is also low within those sectors. Recommendations It is recommended that: 24 There should be an overall political decision so that general regulations on EIA are stated in the Environmental or Planning legislation. The process of enacting legislation should be speeded up to cope with the rapid economic transformation towards privatization. Since there is no overall EIA legislation the provision for EIA should be stated in the Water Laws. The water policy review and Water Utilization Act should include EIA requirements for water resource management projects. The EIA should be mandatory of large scale water projects and should be based on investment costs and projects in sensitive areas. The MWLD should develop its own guidelines on EIA to provide guidance on more specific water related aspects. There is a need to build capacity to undertake EIA within the national institutions including the MWLD. The national capacity to collect baseline information should be strengthened. The existing sector expertise should be harnessed to improve their capacity to undertake EIA. There should be some training to improve awareness on the role of EIA at national, regional, district levels. 2.2.4 Institutional Needs and Capability to Implement EA recommendations To assess the institutional needs and capability it is important to consider the existing institutional set-up at all levels, including the project level set-up. That is, institutional se-up at project, village, district and national levels. (a) Project level The key players in the implementation of RWSS project level include the Central Government through the MWLD, the District Council (DC), External Support Agencies (ESAs), Private Sector, Non-governmental Organizations (NGOs), Community based Organisations (CBOs) and the Village Governments (VGs) through their Village Water Supply & Sanitation (VWSS) Committees. The project level institutional set-up shows there is a Technical Advisory Committee (TAC) under the MWLD. The TAC is responsible for project follow-up, policy formulation and dissemination of information related to the project. Then there is a District Water & Sanitation Team (DWST) under the District Council (DC), responsible for dissemination of information at district level and link with Rural Water Division (RWD). The DWST is also responsible for preparation of District Water & 25 Sanitation Plans (DWSP), endorsement of policy principles and establishment of District Water Supply & Sanitation (WSS) Funds. Another responsibility of the DWST is identification of eligible communities (villages) for financing according to the guidelines stipulated in the DWSP. (b) Village level The village level institutional set-up shows presence of Village Government (VG), comprised of the Village Chairman (VC), Village Executive Officer (VEO) and Village Hamlet Leaders (VHLs) as members. Under the village governments there are three main committees and four sub-committees. The main committees include, Finance, Economy & Planning, Defense & Security, and Construction & Social Services. The sub-committees include: Include the Water Committees, Health Committees, Environment CommiKtees, and School Committees. However, the formation of sub-committees varies among villages, depending the need of a particular village. For example, in Chanzuru village there is an irrigation Committee that dealing with irrigation projects. (b) District Level The set-up at district level indicates the District Councils (DCs) are responsible for environment policy implementation, monitoring and evaluation. Another responsibility of the DCs will be water resource and environmental protection, including conservation of and protection of catchment areas through its District Environmental Committee (DEC). (c) At National Level The national level institutional set-up for environmental management shows the presence of both Environment Division and National Environment Management Council (NEMC), within the Office of the Vice President. The responsibility of the Environment Division is policy formulation, preparation of environment action plans, maintaining co-operation and linkage with other sectors. Another responsibility is to foresee implementation of national environment policies, guidelines & regulations, including international treaties & agreements. The Environment Division is headed by the Director of Environment with executive powers under the Permanent Secretary in the Office of the Vice President. The NEMC is the advisory body to the GOT in all environmental matters including policy formulation and implementation. The Council is also responsible for formulation of environmental strategies, preparation EIA guidelines, EIA and EIS reviews and development project approvals. The body ensures that proper environmental safeguards in planning and execution of development projects are followed. It is also responsible for identification of EA Consultants and carrying out environmental monitoring & audits, as well as, advising project proponents on environmental issues. 26 The NEMC, is headed by the Chairman of Environment whose responsibilities are to advice the Council and the Government in general. Again, there is the Director of Environment with executive powers under the Permanent Secretary in the Office of the Vice President. For water resource management, there is a Division of Water Resource (DWR) headed by a Director. Under the DWR there is a Technical Section headed by Assistant Director. The technical section is comprised of three departments. These include the Surface Water Resource Assessment, Hydrogeology, and Water Resource Management (WRM). The department of WRM deals with all aspects of water resource regulations and management, including international water resource & pollution control. Other organs are the Basin Water Boards (BWBs) and Basin Water Office (BWO) which regulate all declared river basins. The Basin Water Office is headed by Basin Water Officer. There is a National Water Resource Commission (NWRC) which is responsible for integration of the activities of all water-related sectors. The secretariat of the committee is within the WRD and the Director of WRD is the secretary. The chairman of the Commission will be appointed by the President. According to the proposed set up the Central Water Board (CWB) will cease to operate. All functions of the CWB will be taken by NWRC, the WRM and the BWBs. The functions of water quality management are currently under the Water Laboratory Unit (WLU). These functions will be shifted to the DWR and will be within the Hydrology & Hydrogeology sections. FINDINGS AND RECOMMENDATIONS Findings The proposed institutional set-up at project levels is adequate for water resource management and implementation of EA recommendations because participation of all key players in the RWSS Project is ensured. However, at village level the institutional capacity may be limited by inadequate financial and human resource. The capacity of the VG and its committees also could be limited by lack of financial management and managerial/administrative skills. Another problem is lack of awareness and women participation as can be noted in their gender representation (Table 4, Appendix 11). The fact women are the key players in water resource and environment makes their participation important for effective implementation of RWSS program. 27 The formation of economic groups in some villages like Msimba and Chanzuru is a positive sign of capacity building at village level because of the potential of these groups in increasing the revenue base, hence their ability to contribute to water resource and environmental management. However, lack of financial resources and managerial skills could be a constraint. It could be important that the local community should be mobilized to form economic groups and the village government in collaboration with the DC should assist them in obtaining soft loans. Another problem is lack of knowledge on environment, sanitation & hygiene issues. There should be a need to train the village committees and local community in general on environment, sanitation & hygiene matters. The training programme should also include financial management and managerial/administrative skills. The presence of NGOs such as the Irish Aid and Private firm like DHV Consultants provide a good opportunity for capacity building at village levels. The Irish Aid is dealing with water supply and sanitation, road construction, agriculture & natural resource management. The DHV on its side is concerned with rural water supply. However, activities of theses organizations are confined to some villages. For example, Irish Aid is operating in Chanzuru village only. Again, presence of donor funded programs like Agriculture Sector Program Support (ASPS) and the Linked Local Learning (LLL) program at Msimba village could help in building the local capacity. But again, due to their limited coverage in the district these program are not adequate. Generally, it can be noted that activities of most NGOs and donor funded programs in the country are sometimes overlapping, with different objectives and interests. Nevertheless, it is noteworthy that those programs can assist in capacity building when linkage and co-ordination is established in those communities where there is RWSS program interventions. Recommendations To improve the institutional capability in water resource and environmental management in general the following recommendations are given: Training program for the local communities should be initiated. The program should contract procurement, participation & gender issues, sanitation & hygiene, water resource & environmental management. The village government and the water committees should be strengthened through training in financial management and managerial skills. The rural community should be mobilized to contribute to the water fund and sensitized on environmental awareness and sanitation. The co-ordination and linkage between the DED and the Regional Engineer should be strengthened. 28 The regional laboratory should be strengthened so that it can regularly conduct water quality monitoring, and whenever possible it should be changed into autonomous agency and should operate commercially. The villagers should be encouraged to form economic groups and the District Council should assist them by providing soft loans and train them in carrying out small businesses. 3.0 PROJECT DESCRIPTION (a) The Project This project is the result of 1991 national water policy reviews. The policy emphasizes demand responsive and participatory approach in water supply service delivery. Under the new approach local communities are required to financially contribute and actively participate in the design, planning as well as, operation & maintenance (O & M) of their water supply & sanitation schemes. The project is currently in its design stage and is expected to be implemented in a number of villages and/or small towns in the country. However, a number of studies related to this project have already been conducted in the country. These include, Supply Chain Study (Baumann & Lymo, 2000), Project Implementation Manual (MOW, 1999), Learning Innovation Loan (LIL - RWSSM, MOW, 1999) and the Review of Rural Water Supply & Sanitation Project for Kilosa, Rufiji & Mpwapwa districts (MMK Project Services Ltd., 1999). The initial step towards project implementation involved establishment of District Water and Sanitation Teams (DWSTs) in project districts. The responsibilities of DWSTs are to provide information and link (liaison) with the already established Rural Water Division (RWD) under the MWLD. The DWSTs are also responsible for identifying eligible communities for financing, according to guidelines stipulated in the District Water and Sanitation Plan (DWSP). According to Draft Project Information Document (PID), the project is expected to take about three (3) years and will be finance jointly by the World Bank through IDA, the Government of Tanzania (GOT) and the Rural Communities. (b) Purpose and Objectives The purpose of the project is to improve the existing water supply & sanitation conditions for ten selected villages of Kilosa district. The project aims towards improving the health condition of the rural people through provision of safe, clean and affordable water supply. Specifically the objectives of the project are: To rehabilitate the existing water supply schemes, and whenever necessary to construct the new ones. 29 To provide sanitation and hygiene education to the rural communities of the selected villages. To create awareness on HIV/AID prevention among the rural people. To sensitize the rural communities on environmental issues so that they can manage their water schemes in a sustainable manner. (c) Components and Activities The project implementation involves community level and national level components. At community level the project involves establishment of District Implementation Models. Under this component main activities include: * Establishment of DWSTs. * Strengthening of operational capacity of the DWSP. - Appraisal of community sub-projects through on-site surveys. - Establishment of DWSS fund for operation and maintenance community sub- projects. * Hygiene and sanitation education and promotion of HIV/AIDS prevention. K Rehabilitation and construction of RWSS schemes. The national level component will involve development of building up/scaling up strategy for National Rural Water Supply and Sanitation Programme. The major activities under this component are: Consultation with stakeholder to develop strategy for scaling up and to develop approach, scope, financing and institutional arrangement for implementation of National RWSS programme. Development of institutional framework for project implementation. Promoting capacity building through involvement of private sector relevant to RWSS, MWLD staff and other relevant complementary and partner agency staff. (d) Duration and Time Frame The project is expected to take 3 years and the initial 6-months will be used for project promotion through community mobilization and stakeholder consultation. That will be followed by on-site surveys and developing designs for the identified potential water supply schemes. The next step will be actual implementation which involves rehabilitation, construction of new schemes, training of rural community on environment, hygiene and sanitation matters, as well as proper management of water funds. 30 (e) Beneficiaries The direct beneficiaries of this project are community members from selected villages and/or small towns in the country. Other beneficiaries are the District Councils, Private Contractors, NGOs, CBOs, and other organizations operating in the project areas. (f) Financing agencies The project will be financed partly by the rural communities in the selected villages, the World Bank, the District Councils and the GOT through the MWLD. Funds will also be sought from other external support agencies for example, by linking the project through co-ordination and planning to IDA - TASAF water component project. (g) Implementing agencies The MWLD will be the main implementing agency through multi stakeholder Technical Advisory Committee (TAC). The TAC will be responsible for project follow-up, policy issues and dissemination of information related to the project. Other implementing agency is the District Council (DC) through the DWST. The DWST will be responsible for preparation of District Water and Sanitation Plan (DWSP), endorsement of policy principles and establishment of District WSS Fund. The rural communities will also participate fully in the project implementation through their Village Water Supply and Sanitation Committees (VWSS). Details on the mechanism for project implementation are described in the Project Information Document (PID) prepared by the MWLD. (h) Sustainability The project sustainability is ensured through local community participation as well as, availability of goods & services. Local communities will be involved in contracting of goods and services, and 0 & M of water supply & sanitation schemes. The availability of goods and services is ensured by involvement of district and regionally based Private Contractors, NGOs, CBOs, and other Partner Organization (PO). Generally, the sustainability indicators are: * Community participation. * Gender balance is addressed especially in water committees. * Private sector participation. * Involvement of NGOs, POs, Private contractors in policy formulation. * Training of WATSAN staff to build their capacity. 31 * Environment, hygiene and sanitation issues are addressed, through, training, education and awareness creation among rural communities. 32 FIG. 2: MAP OF KILOSA DISTRICT-AGRO-ECONOMIC ZONES 33 4.0 BIOPHYSICAL AND SOCIO-ECONOMIC ENVIRONMENTS 4.1 BIOPHYSICAL ENVIRONMENT (a) Climate The Kilosa district receives an annual rainfall ranging between 600-1200 mm and temperature between 25-30
Groupe de la Banque mondiale · Environmental Assessment
Tanzania - Rural Water Supply and Sanitation Project : environmental assessment (Vol. 4 of 4) : Kilosa District
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Groupe de la Banque mondiale
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Environmental Assessment
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Tanzanie
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Banque mondiale