China - Second Liao River Basin Project : resettlement action plan (Vol. 3 of 6) : Shenyang wastewater treatment project

Resettlement Action Plan of Shenyang Wastewater Treatment Project The Second China Liao River Basin Project by World Bank Loan RP84 v. 3 Resettlement Action Plan for Shenyang Wastewater Treatment Project (Draft) [,H Jo--/>py Shenyang Urban Construction Project Office Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project December 2001 I Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table of Contents I PROJECT INTRODUCTION ................................................. 4 1.1 GENERAL INTRODUCTION ................................................. 4 1.2 AREA AFFECTED BY AND BENEFIT FROM THE PROJECT ................................................. 4 1.3 PROJECT APPROVAL ................................................. 4 1.4 DESIGN PROCESS ................................................. 4 1.5 OWNERSHIP AND ORGANIZATION OF THE PROJECT ................................................. 5 2 PROJECT IMPACT .6 2.1 DEFINITION OF AFFECTED PEOPLE BY THE PROJECT .6 2.2 THE GENERAL SITUATION OF COMPONENTS .6 2.3 PROJECT IMPACT. 8 2.4 IMPACT ANALYSIS .17 3 TARGET OF RESETTLEMENT AND REHECTAREBILITATION .21 4 SOCIAL ECONOMIC SURVEY .22 4.1 PROCESS OF SOCIAL ECONOMIC SURVEY .22 4.2 THE SOCIAL & ECONOMIC BACKGROUND OF THE PROJECT AREA .22 4.3 ADMINISTRATION MODEL OF XIAOYU VILLAGE .23 4.4 MINORITY PEOPLE IN XIAOYU VILLAGE .23 4.5 THE LAND CONTRACTOR CHENG CHAOPENG .24 4.6 LAND CONTRACTOR DAI SHUQING .24 4.7 RESIDENT HOUSE AFFECTED .24 4.8 ENTITIES AFFECTED .24 4.9 TYPICAL INTERVIEW .24 5 LEGAL FRAMEWORK ............................................. 26 5.1 EMINENT DOMAIN AND COMPENSATION FEATURES ............................................. 26 5.2 LEGAL AND ADMINISTRATIVE PROCEDURES .27 5.3 COMPENSATION PRESCRIPTION ........................ 27 5.4 LEGAL RESPONSIBILITIES OF CONCERNED ORGANIZATION .28 5.5 CONCERNED POLICIES OF THE WORLD BANK .29 5.6 RESETTLEMENT POLICIES FOR THE PROPOSED PROJECT .29 6 ORGANIZATIONS .................................................. 30 6.1 RELEVANT ORGANIZATIONS ON RESETTLEMENT ACTION ................................................ 30 6.2 RESPONSIBILITY .30 6.3 STAFFING .32 6.4 ORGANIZATION STRUCTURE .34 6.5 MEASURES FOR INSTITUTIONAL STRENGTHENING .34 6.6 IMPLEMENTATION .34 7 COMPENSATION QUALIFICATION AND POLICY .37 7.1 COMPENSATION QUALIFICATION .37 7.2 COMPENSATION POLICY .37 8 COMPENSATION STANDARD .39 8.1 COLLECTIVELY-OWNED LAND ACQUISITION .39 8.2 STATE-OWNED LAND .39 8.3 TEMPORARY LAND USE .40 8.4 RESETTLEMENT AND COMPENSATIONS FOR ENTERPRISES AND RESIDENCES AFFECTED BY HOUSE DEMOLITION .40 8.5 COMPENSATION STANDARD FOR GROUND ATTACHMENTS .41 2 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 9 RESETTLEMENT AND REHABILITATION ................................................................. 45 9.1 RESETTLEMENT PLAN FOR PEOPLE OF XIAOYU VILLAGE AFFECTED BY PERMANENT LAND ACQUISITION ................................................................................. 45 9.2 REHABILITATION PLAN FOR PEOPLE AFFECTED BY TEMPORARY LAND USE ........................ 45 9.3 COMPENSATION ON JINGSHEN NURSERY (LAND CONTRACTOR: CHEN SHAOPENG) ............. 45 9.4 COMPENSATION ON LAND CONTRACTOR DAI SHUQING .................................................. 46 9.5 RESETTLEMENT OF THE VILLAGERS AFFECTED BY HOUSE DEMOLITION ........ .................... 46 9.6 RESETTLEMENT OF URBAN RESIDENTS AFFECTED BY HOUSE DEMOLITION ........ ................ 46 9.7 RESETTLEMENT OF AFFECTED ENTERPRISES ................................................................ 47 10 ENVIRONMENTAL PROTECTION .48 10.1 THE ENVIRONMENT AROUND XIAOYU VILLAGE .48 10.2 CLEAN UP OF DISMANTLED HOUSES .48 10.3 POLICY ELIMINATING ENVIRONMENT IMPACTS CAUSED BY SEWERS CONSTRUCTION 48 11 PUBLIC PARTICIPATION AND CONSULTATION .49 11.1 STRATEGY OF PUBLIC PARTICIPATION .49 11.2 PUBLIC OPINION SURVEY .51 12 INTEGRATION WITH HOST COMMUNITIES AND POPULATION .53 13 GRIEVANCES AND APPEALS .54 14 IMPLEMENTATION SCHEDULE OF RESETTLEMENT ACTIVITIES .55 14.1 COORDINATION OF RESETTLEMENT IMPLEMENTATION AND PROJECT CONSTRUCTION . 55 14.2 SCHEDULE OF LAND ACQUISITION, HOUSE DEMOLITION AND RESETTLEMENT .55 15 COST AND BUDGET FOR COMPENSATION .57 15.1 COST .57 15.2 YEARLY EXPENDITURE PLAN .62 15.3 FUND SOURCE .62 15.4 FUND FLOWING .63 16 MONITORING AND EVALUATION .65 16.1 INTERNAL MONITORING AND EVALUATION .65 16.2 INDEPENDENT MONITORING SYSTEM .66 16.3 MONITORING INDEX .67 16.4 POST ASSESSMENT .67 17 Entitlement Matrix .68 ATTACHED MAP: LOCATION OF SHENYANG URBAN WASTEWATER TREATMENT PLAN 3 Shenyang-rap-e-Irbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 1 PROJECT INTRODUCTION 1.1 General Introduction Shenyang Wastewater Treatment Project is an important component of Liao River Basin Project (including other cities of Fushun, Panjin, Jinzhou Economic and Technological Development zone). After the completion, the environment in Shenyang and around Hun River Basin will be improved. This project comprises of the construction of Shenyang West Wastewater Treatment Plant (Shenyang West WWTP), upgrading of the urban drainage network, construction and reconstruction of pumping stations, Shenyang Urban Upgrading components. Shenyang West WWTP will be located within Xiaoyu village, Zhaijia town of Yuhong District. The area of 57 ha. (855 Mu) and will be acquired all at one time. The capacity of the plant is 800,000 t/d (secondary treatment), and will be constructed in two phases, i.e. 400,00 t/d for phase one to be completed by the year 2005 and 400,00 t/d for phase two to be completed by the year 2010. The interception system of Shenyang West WWTP comprises of the three parts which are Hun River west interception system, Xi River interception system and influent and effluent system of the WWTp. The total length of the interceptors is 6.915 km. The construction and upgrading of urban sewers network will be centralized within Chongshan area (6,500 m), Wu'ai area (1,200 m) and Nanta area (2,200 m). The total length is 9,900 m. Two new pumping stations will be built and three existing ones will be upgraded. Shenyang Urban Upgrading component mainly includes the rehabilitation and repairing of historic buildings in Imperial Palace and the protection of ancient pine in Dongling Tomb and Beiling Tomb. 1.2 Area Affected by and Benefit from the Project The area affected by Shenyang West WWTP is around the suburbs of the city; the area affected directly by the construction and upgrading of drainage system is the urban area. The benefitial area is the Hun River basin with total area of 12,980 km2. Since the reform and opening door policy of China, the development of economy, increment of population, city construction are developing rapidly. The discharge of wastewater is increasing annually. A large amnount of domestic and industrial wastewater are discharged directly into Hun River without any treatment, that make the contamination of the river more seriously. The discharge makes the pollutants in the supplement sources of groundwater exceeding the standard, which are threatening the health of residents and the production of enterprises within the downstream areas of the Hun River. After the completion of Shenyang West WWTP, 400,000 t/d wastewater will be treated, which will reduce the pollution loads on the river course and rehabilitate the biological environment of the Hun River water system. It will also reduce the pollution of groundwater and improve people's living condition around the Hun River basin. The pollution of Bohai Bay will be reduced and the biological environment of Bohai Bay can be improved. It is good for the development of onshore aquaculture. In general, the construction of WWTP will optimized the urban drainage network, develop economy of Shenyang City. 1.3 Project Approval Proposal of the Shenyang Wastewater Treatment Project is getting approvals according to normal procedures. 1.4 Design Process * Process Concept selection was held in April 2000 by Shenyang Urban and Rural Construction Commission and Shenyang Project Office. There are 16 firms presented, 4 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project including 8 from local and 8 from international. . * Proposal of Shenyang Wastewater Treatment Project was prepared by Shenyang PMO in May 2000 and submitted to the Shenyang Planning Commission. * Notice on the Preparation for Shenyang Wastewater Treatment Plant was issued by Shenyang Planning Commission in May 2000. * The feasibility study report was completed by Shenyang Municipal Engineering Design and Research Institute in August 2000. * The open bidding for the proposed process was held in September 2000 by Shenyang Project Office. There are 10 firms purchased the bidding document. 6 bids were submitted, including 3 from local and 3 from international. * After bid evaluation, Kanuo company of Australia was awarded to conduct the scheme design of the project in November 2000. * The Kanuo company of Australia completed the scheme design of the project in January 2001. * The contract of preliminary design of the project was awarded to the Kanuo company of Australia in May 2001. * The Kanuo company of Australia completed the preliminary design of the project. 1.5 Ownership and Organization of the Project This project is an urban infrastructure construction project, invested by Shenyang Government. The construction funds will come from the local counterpart funds and the Bank loan. Total investment will be RMB 1.199 Billion Yuan including 579 million Yuan local counterpart fund, and 74.68 million USD of the loan from the World Bank (equal to 634.78 million RMB Yuan ). Shenyang Government will be responsible for the payment of the loan and interest. Shenyang Project Office under Shenyang Urban Construction Committee is responsible for the overall coordination of this project. Shenyang Urban Wastewater Treatment Co, Ltd., as the owner, is in charge of the construction of wastewater plant and interception system, and the construction and improvement of urban sewers network. 5 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 2 PROJECT IMPACT The project financed by the World Bank consists of four components which are Sheyang Western Wastewater Treatment Plant and the counterpart sewage interception system, upgrading of urban sewers network, construction and reconstruction of pumping stations, Shenyang Urban Upgrading component. 2.1 Definition of affected people by the project Affected people by the project means people affected in the following aspects due to the implementation of the project: 1. Their living level is affected adversely by the project. 2. Ownership, qualification and benefits or interests of their houses and lands including house foundation, farrnland and pasture are affected temporarily or permanently by the project. 3. Their business, agricultural and working activities are interrupted or affected, and their residential place and living custom are affected adversely due to the project. 2.2 The General Situation of Components 2.2.1 Shenyang Western Wastewater Treatment Plant Approved by Shenyang Urban Planning Bureau, Shenyang Western Wastewater Treatment Plant will be located in Xiaoyu village of Zhaijia Town of Yuhong district. The land scope occupied by the project is south bank of Xi river in north, interface of Yangshi commune and Zhaijia Town in east, dam of Hun river in south, 1,200m from boundary of Yangshi commune in west. Totally 57 hectare of land occupied by the Plant is owned by Xiaoyu village. 2.2.2 Wastewater Interception System The counterpart wastewater interception system of Sheyang Western Wastewater Treatment Plant is 6915 m long totally. Table 2-1 show the details of counterpart wastewater interception system. Table 2-1 Counterpart wastewater Interception System Item Affected Type Length Diameter of Construction area (m) pipe (m) width (m) Interception system in Xi River Sewage 3,900 1 x2.8x2.4 30 western part of Hun catchment river Interception system in Xi River Sewage and 1,300 3x2.8x2.4 30 Xi river catchment storm water Influent culvert of the Sewage 1,680 4x3.0x2.2 30 Plant__ _ _ _ _ effluent culvert of the Sewage 35 4x3.0x2.2 30 Plant Total 6915 2.2.3 Shenyang urban sewers network upgrading Wastewater collection system of the project will be formed by upgrading of existing drainage system (under Class one and two roads) and construction of new sewers. According to survey there is no demolish involved in this component, but traffic will be affected when this component is implemented. Table 2-2 shows the details. 6 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-2 Shenyang Urban Drainage System Item Affected Type Length of pipe The diameter Area (m) (m) Sewers in Chongshan Chongshan Sewage 1,200 1.5 road area Sewage 250 1 x2.Ox 1.8 Sewage 3,700 lx2.4x2.2 Sewage 1,350 1 x2.4x2.2 Sewers in Wuai Street Wuai area Sewage and storm 1,200 1 x3.2x2.4 w ater__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Sewers in Nanta Street Wuai area Sewage 2,200 lxl .8x 1.5 Total I 9,900 The impacts caused by urban drainage system construction are showed as follows: Chongshan roads is 60 m wide now. The construction is proposed to be undertaken at non-motorized lane. The soil dug out will be delivered out timely. Pedestrian path will be reserved for rounding units. Wuai street is 30 m wide now. Construction will be undertaken in the middle part of the street. The soil dug out will be delivered out timely. Pedestrian path will be reserved for rounding units. Nanta street is 30 m wide now. Construction will be undertaken in the middle part of the street. The soil dug out will be delivered out timely. Pedestrian path will be reserved for rounding units. 2.2.4 Pumping Station Two pumping stations will be newly built and 3 existing pumping stations will be upgraded in the project. Details are indicated in the Table 2-3. Table 2-3 The Construction and Upgrading of Pumpin Station Item Location Type Flow Occupied land (m3/s) area (hectare) Pumping station of east Urban area Sewage 2.5 0.30 Chongshan road (upgrading) Pumping station of west Urban area Sewage 8.5 0.36 Chongshan road (upgrading) Zhonggong pumping station Urban area Sewage 0.16 (upgrading) Beisan pumping station (new Urban area Sewage and Sewage 1.56 0.30 construction) storm water Storm water _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7 .6 0 Wuai pumping station (new Urban area Sewage and 11.0 0.36 construction) storm water Total 1.48 The construction and upgrading of pumping stations are showed as follows: As for Pumping station of east Chongshan road, only equipment will be upgraded, so no land acquisition and 7 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project demolition are involved. As for Pumping station of west Chongshan road, upgrading will be undertaken at existing site so no land acquisition and demolition are involved. As for Zhonggong Pumping station, upgrading will be undertaken at existing site so no land acquisition and demolition are involved. Beisan pumping station to be newly built will occupy 3,010m2 land. On the basis of existing 1,029 m2 site, 1,981 m extra area need to be used. Wuai pumping station to be newly built will occupy 3,600 m2 land of Qingnian nursery of Shenyang Urban Greening Management Division. 2.3 Project Impact 2.3.1 Permanent Land Acquisition The permanent land acquisition for the Plant and pumping stations is showed in the Table 2-4. Table 2-4 Permanent land acquisition Item Property Collective land (ha) State-owne Sub-total of Number of right Vegetabl Cash land Constru d land land people e land ction (hectare) acquisition losing land land (hectare) WWTP Xiaoyu 39.095 15.918 1.987 57 249 village Beisan Xiaobei 0.30 0.30 pumping storage station Wuai Qingnia 0.36 0.36 pumping n station nursery 2 Note: Beisan pumping station is a new one to be built with total land acquisition area of about 3,010m . On the basis of existing 1,029 m2 site, 1,981 m2 land of Xiaobei Storage will be used. 2.3.2 Temporary Land use Lands used temporary by counterpart interception system, urban drainage system and culvert of newly built pumping station are indicated in the Table 2-5 (collective land) and Table 2-6 (State-owned land). Table 2-5 Temporary use of collective land (unit: hectare) Items Affected villages Occupied land Vegetable land among _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ th e m Interception of westem Wangjia 2.67 1.23 Hu river Nanliguan 5.55 2.04 Dapu 5.58 2.6 8 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Interception of Xi river Ganguantun 6.5 Influent and effluent of Yuliangpu 8.575 6.7 the WWTp Total 28.875 12.57 9 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-6 Temporary use of state-owned land (unit: hectare) Item Location State-owned land Sewers in Chongshan road Chongshan area 9.75 Sewers in Wuai street Wuai area 1.8 Sewers in Nanta street Wuai area 3.2 Total 14.75 2.3.3 Residents Affected by the Project The residents will be affected only by the construction of counterpart interception system and new pumping stations. Tab]e 2-7 presents the details. 10 Shenyang-rap-e-Irbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-7 Residents Affected by the project Item District Commu Village Affected Affecte Area of Owners ne househol d brick/woo hip of ds populatio d houses the ns (m2) house Interception system in Yuhong Yangshi Wangjia 50 180 2,500 Rural western Hu river district commu private ne Nanligua 160 560 8,000 Rural n private Dapu 85 298 4,250 Rural _______________ __ _____ ____ __ _______ p riv ate Beisan pumping Dadong 2 6 90 Urban station district _148_40 Public Total 297 1044 14840 2.3.4 Entities Affected by the Project Entities affected by the construction of the interception system and pumping stations in the project are presented in the following table 2-8: 11 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002   Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-8 Entities Affected by the project Entities Affec Employee House area (mi) Attachments Remark ting number _ degre Total Affecte Brick/con Brick/woo Simple e d crete d Interception of western Hu river Shenyang minitype Partly 900 (steel framework with brick 600i2 land, 30 m enclosure Newly built, electromotor factory and concrete) wall business not Poned Shenyang air-blower Partly 20 10 900 (steel framework with brick 600i2 land, 30 m enclosure collective equipment plant and concrete) wall, 80 young maidenhair tree Shenyang north blast furnace Partly 45 5 900 (steel framework with brick 450m land collective plant and concrete) Shenyang Shentie ventilation Entir 45 45 1018 1600i2 land Now be lend to equipment plant e engineering group and packaging belt plant Sand digging plant partly 7 7 10,890 m2 land Round shape Timber processing plant Partly 8 8 200 600m' land, 50 m enclosure Private wall Jinbao Iron products Partly 60 10 480 1600m2 land, 40 m enclosure Private manufacture Plant wall Shenyang meat processing Partly 30 10 150 800m7 land Collective plant Interception of Xi river Shenyang Duocai wood crafts Entir 10 10 800 (steel framework with brick 1,500m2 land Newly built, Ltd. company e and concrete) business not opened Shenyang branch of Liaohe Entir 50 50 4414 (steel framework with brick 419m2 greenhouse, 10,750m2 Collective Aiming animal feedstuffs Ltd. e and concrete) land, 40 m enclosure wall company _ Gas station Entir 4 4 147 3,120m2 land, 450 m2 Collective e underground oil storage, 4 set of oil feeding machines 13 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Yalan artifical flower plant in Entir |30 30 1685 3,120m2 land, 185 m enclosure Collective Yuhong district I e I wall Influent and eMuent culvert of the WWTp Shenyang Xinghuan chemical Partly [45 31 9400 Collective plantI Beisan pumping station . Xiaobei No. 2storage partly [185 10 f 120 180 1,029 m2 land, 47 m enclosure XoioIF I wall (more than 2 m high) Wuai pumping station Shenyang Qingnian nursery partly 1,200 cypress tree(2 year ripe period) 12,000 privet tree (3 years ripe period) Total 539 230 20,670 120 180 1 14 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 2.3.5 Ground attachments affected by the project Ground attachments affected by the project including the WWTp, 9.33 hectare of Jingshen nursery which is being operated by Chen Shaopeng and 1.5 hectare of land contracted by Da Shuqing are shown in the following table 2-9 and table 2-10. Table 2-9 Ground attachments of Xiaoyu Village and land contractor Da Shuqing affected by WWTp Item Unit Quantity Remark High voltage Power pole Piece * 103 High voltage power line M * 20,280 Scallion Mu * 64.81 Bailu scallion Mu * 54.91 Strawberry Mu * 2.34 Beida seedling Piece * 8,000 Zigen seedling Piece * 450 Brick Piece * 6,000 Elm tree Piece * 1,550 Poplar and willow tree Piece * 1,000 Above 1.7m high Poplar and willow tree Piece * 485 below 1.7m high Pagoda tree Piece * 35 Loss of production materials House made of brick and M7 * 66 Covered asphalt felt House made of brick and M2 * 234 Not covered asphalt felt Iron netting door Piece . 2 Enclosure wall M * 324.4 Bamboo fence M * 110 Manual well Piece . I Wire M * 700 Hose wire Plum tree Piece * 48 4 inch motor well Piece . 4 6 inch motor well Piece . Manual well Piece . Concrete power pole Piece . 1 3 8m high Concrete power pole Piece . 3 6m high Wire M * 1,750 Hose wire Wood power pole Piece . 16 Grape pole Piece * 491 Guard house M * 63.2 Covered Guard house M' * 34 Not covered Grapetree Piece * 1,552 Pear tree Piece * 74 Plum tree Piece * 1,130 Water well Piece * 1 0 Water tank M2 * 65 Small cavity M * 180 Transformer KVA * 250 Water lifting station Piece . 1 15 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-10 Ground attachments of Jingshen Nursery affected by WWTp Item Unit Quantity Remark House made of brick and tile M2 * 115.2 Brick house M' * 674.4 Prefab concrete board Iron board house MZ * 33.6 House made of brick and M2 * 16.45 asphalt felt Enclosure wall M * 826.8 Side room Mz . 9 Toilet M' _ 10 Water tank M2 * 12 Green house M* 468 Fish feeding pond Mu . 11 Construction cost Mu . 11 Cellar Mz . 40 Iron door Piece . 3 250mm diameter Brick Piece * 30,000 Concrete board Truck . 15 Fowl Piece * 600 Water lifting pump Piece . 2 Pear tree Piece * 1,500 Plum tree Piece * 165 Elm tree Piece * 1,100 Cherry seedling Piece * 300 Concrete Truck . 8 Sundries Truck I* 10 _ Grape tree Piece * 300 Manual well Piece . 5 4 inch motor well Piece . 5 Water well Piece . 2 Transformer KVA * 80 Concrete power pole Piece . 10 6m high Wire M * 2,000 Twisted-pair Plastic film Ton . 3 Cypress and privet seedling * Compensati on on one time 1 6 Shenyang-rap-e-Irbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-11 Ground attachments affected by interception system of the project ND. I t erm OAnershi p Lhi t Qaant i t y ReFrr k 1 Pouer pole Pi ece 26 Concret e 2 Pouer pole Pi ece 18 VMod 3 Ikt or uel I Nnl i guan Pi ece 5 4 aeen house Yul i angpu Ivt 33,750 (anguant un IA 3300 Nanl i guan IA 9257 5 Fr ui t t r ee Yuliangpu Piece 20,000 6 Popl ar t ree Hydraulic Piece 127 bur eau . 2.4 Impact analysis The proposed Plant will occupy 57 hectare of land of Xiaoyu village of Zhaijia Town of Yuhong District. The village has 821 households totally with 2,950 populations among them male 1,510 accounting for 51%, female 1,440, accounting for 49 %. The village has 262.7 hectare of cultivated lands. The per capita average income of the village is 4,804 Yuan in a year, most of which come from agricultural activities. 249 people will be directly affected by the project including 127 male, 122 female with 14 people below schooling age, 35 people obtained maximum primary education and 200 people obtained above junior high school education. Table 2-12 presents the details of the impact analysis. Table 2-12 Project Impact Analysis Village Prior to the roect Vegetable land Impact degree Population Population Cultivated land acquired(hectare (%) affected (hectare) ) (person) Xiaoyu 2,950 262.7 57 22 249 village _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Table 2-12 indicates that the land acquired by the plant occupy 22 % of total cultivated land in Xiaoyu village. The impact is not great. Depending their ideas, the affected people can re-obtain a plot of land for agriculture production by distributing the contingency lands to these affected people in Xiaoyu village, or they can be arranged to work in factories. After affected people are resettled by such way, their living level won't drop down. The project will affect 28.875 hectare of collective lands temporarily including 12.57 hectare vegetable land with 374 people directly affected. Cultivation on these lands will be affected within 2-4 month. When the construction finished, cultivation will be continued. So, social and economic impact caused by the project is small. Table 2-13 presents the details of the temporary impact analysis of the interception system of the project. 17 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-13 Temporary impact of the interception system of the project District Commune Village Prior to the project Vegetable Impact Affected Populati Cultivated land degree (%) people on land (hectare) (person) (hectare) Yuhong Yangshi Wangiia 1,526 60.2 1.23 2.04 62 District commune Nanliguan 2,422 90.5 2.04 2.25 102 Dapu 2,618 85.6 2.60 3.04 130 Yuliangpu 1,390 29.3 6.70 22.87 80 Total 7,956 265.6 12.57 374 For impact caused by dust, noise and living garbage produced during the construction period measures will be taken to relieve it. Details of people affected by land acquisition and house demolition of the project are showed in the following table 2-14: 18 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project Table 2-14 Details of people affected by land acquisition and house demolition of the project Location Affected population (person) Cou Village Quantity Sex Age Labor status Vocation nty Hous Peopl Mal Fem <16 17-50 5 1-60 >60 Work Retire Retire Other Peasa Work Cadre Private n El ehold e e ale (P) (P) (P) (P) ing (P) due (P) nt er (P) owner (:1) (P) (P) (P) (P) to (P) (P) (P) illnes _____ _____ ~~~~~~~~~~~~~~s(P) _ _ _ Zhai Yuliangp 71 249 127 122 14 160 50 25 215 5 6 23 161 33 6 15 34 jia u cou nty__ ___ _ _ _ _ _ Yan Wangjia 50 180 94 86 10 116 36 18 151 4 4 21 113 23 4 11 29 gshi Nanligu 160 560 288 272 39 359 108 54 475 12 8 65 363 71 13 28 85 cou an nty Dapu 85 298 155 143 17 192 59 30 251 9 10 28 189 38 7 17 47 Total 366 1287 664 623 80 827 253 127 1029 30 28 137 826 165 30 71 195 19 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002   Resettlement Action Plan of Shenyang Wastewater Treatment Project 3 TARGET OF RESETTLEMENT AND REHECTAREBILITATION Optimizing the project design to reduce the scope affected by land acquisition and house demolition of the project as possible and to minimize the involuntary resettlement. People lost their land due to the project will be fully compensated and lands will be reallocated in the affected village. Job opportunity will be provided to the affected people depending on their own idea. All involuntary displacement and resettlement will be implemented as an integral part of the project. Person or entities affected by the project should be given sufficient compensation and should be provided the opportunities to benefit from the project. Compensation should be paid before implementation of house demolition and displacement. Entities affected by the project should be given the loss compensation for production and business interruption. And employees should be relocated appropriately to make them to recover production and business as soon as possible. Participation of PAPs will be encouraged during the preparation of the RAP and their comments and suggestions on relocation and resettlement issues will be fully respected and considered. Efforts should be taken to improve PAPs' livelihoods and living to a relative higher level before the project, or at least to restore them, in real terms, to pre-displacement levels. 21 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 4 SOCIAL ECONOMIC SURVEY 4.1 Process of Social Economic Survey The socioeconomic survey is conducted with a aim of learning the objectives, quantity and quality affected by the project, and providing the basic information to identify the loss compensation, socioeconomic assessment, justification of the project scale, socio-economic impact study in the project area, preparing the resettlement and relocation plan, estimating resettlement cost, managing the resettlement implementation, monitoring and evaluating. In May 2000 the Shenyang Urban Wastewater Treatment Ltd. Company undertook the site investigation for inventory affected by land acquisition and house demolish of the project. The Company primarily initially learn about the type of land, house and ground attachment affected by the project and worked out a primary resettlement action plan. In order to prepare the feasibility study of the project, the Company and concerned departments undertook inventory survey within affecting scope of the project in August 2000. The Company investigate the houses, land and ground attachments to be affected by the project during 6 September to 6 October 2000. At the same time, public opinions on resettlement were investigated and collected and 53 households in Xiaoyu village of Zhaijia town of Yuhong district were sampled and investigated. Before the investigation, the company organized special technical training. Area of the houses to be dismantled was measured. Number of person, demolition area of the affected shops, entities as well as people affected by demolition were all investigated. Before starting the project construction, further surveys and measuring on house demolition and land acquisitionwill be made as re-identification. 4.2 The Social & Economic Background of the Project Area Shenyang, the capital of Liaoning Province, located in the south of the northeast part of China, is the center of politics, economy, culture and information of the whole province and the biggest hub of communication and industrial city in the northeast part of China. Liaoning Province is a highly urbanized province. Shenyang is located in the hinterland of Loadong Peninsula Development Zone. With Shenyang being as the center of region, within the diameter of 150km radius, Shenyang, Anshan, Fushun, Benxi, Dandong, Yingkou, Liaoyang and Tieling form the middle-part economic circle and city group of Liaoning Province. The unique location of Shenyang shows that she has large developing potential and advantage. At the same time, beside self development, Shenyang also takes the responsibility of promoting the development of Liaoning Province and the northeast part of China. There is one county-level city, nine urban districts and three counties under the jurisdiction of Shenyang. The jurisdiction area is 12,980 km2 with total population of 6.8 million (4.76 million in urban). The build-up area is 185 km2 with a population of 3.48 million. There are 5,000 industrial enterprises in the city, among which 330 are large-scale enterprises. Shenyang is the old industrial base constructed in the first five-year-plan period. In the past, the development principles of the city were " producing first, then comes living ", " polluting first, then comes the harness " and " production first, management latter". This unreasonable development concept caused lots of 22 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project serious problems on urban biological environment. Since the reform, Shenyang has become the biggest economic central city. Automobile, machinery, electronic information, environmental protection and chemical pharmacy are prominent industries. Shenyang Taoxian International Airport provides more than 40 domestic scheduled flights and several international scheduled flights. Shenyang is the biggest railway hub in the northeast part of China. The highways in Shenyang radiate in all directions. The highway between Shenyang and Beijing has been put in use in September, 2000. This highway shortens the distance between Shenyang and Beijing, the capital of China, even the distance between Shenyang and the world. In 1999, GDP of Shenyang was 101.31 billion RMB Yuan. Shenyang is located on the north bank of the Hun River. The Hun River was called "Shen Water" in history and "Yang" was given as a name to a place on the north bank of a river. Shenyang, a famous historical city in China, is a good place for trourism. There are many famous historic sites, museums and memorial halls in Shenyang, such as Qing Imperial Palace, Fu and Zao tombs, " 18th, September" Historical Museum, "the Zhang's Residence" (the residence of late warlord Zhang Zuolin and his son Zhang Xueliang), School of Teenager Zhou Enlai, and Steam Locomotive Museum and so on. There are several famous markets in Shenyang such as Wu'ai Garment Wholesale Market, Nan'er Food Wholesale Market, Nanta China Shoes City, Jiulu Furniture Market in Tiexi district and so on. 4.3 Administration Model of Xisoyu Village The scope of land acquisition is Xiaoyu village in Zhaijia town. There are 2,950 people and 262.7 hectare of cultivated land in Xiaoyu village. Agriculture is the main production activity of the village. The second and tertiary industries are being developed in the village. In 1999, the average net revenue per person is 4,804 Yuan. In 1998, Administration Committee of Xiaoyu village was established includingoOne director, one vice-director and 5 members. The Committee is responsible for the routine management of the village. Big decision shall be made by discussion of villager representative meeting. 4.4 Minority people in Xiaoyu Village There are 260 Man nationality people in Xiaoyu village, accounting for 9 % of total population and 41 Man nationality people affected by the project, accounting for 16 %of the total directly affected people. Man nationality, which has more than 1,000 years of histiry, is one of minorities in China. In 1616, "Da Jin" dynasty was established in Xinbin town of Fushu city and its capital city was moved to Sheyang inl625. In 1636, Huantaiji became the empire and established " Qing" dynasty. The capital of Qing dynasty was moved to Beijing in 1644. Since then, Qing dynasty ruled China until 1911. Man nationality has its own language and words. The main religion is Saman. Since communication with Han nationality for a long time, Man nationality gradually custom to use Chinese. And their habits and customs have become similar with that of Han nationality people. The following is a record of interview with Mr. Zhang Jihai, a Man nationality person: "My nationality is Man and my wife's nationality is Han. There are four people in my family. We have two children. The elder one is 14 years old and is studying in Ningguan Junior Middle School; the younger one is 8 years old and is studying in Chaojia Primnary School. Now Man nationality have been assimilated by Han nationality entirly. And they are treated as same as Han nationality both on politics and economics. 23 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project The social and economic survey shows that living habits and customs of Man nationality are the same as Han nationality. 4.5 The Land Contractor Cheng Chaopeng Mr. Cheng Chaopeng (party B) signed the land contract with Xiaoyu Agriculture, Industrial & Commercial Joint Co.( party A) in Zhaijia town. The contract regulates that: the contract period is that from 1't, January, 2000 to 30t', December, 2004; the contract area is 9.33ha. The annual rent is 13.52 x 100 + 97.94 x 155 + 28.54 x 130 = 2,0243 Y. Rule and obligation of the two parties in the contract are as following: Main rights and obligation of Party A: If the land acquired by the Government, Party A will take back the land, and the contract shall be terminated. The compensation of the land acquisition will be paid to Party A. The compensation of the ground attachment etc. will be paid to Party B. If it is not in the cultivation season, Party A will pay 100 Yuan/mu (1,500 Yuan/hectare to Party B. Main rights and obligation of Party B: a) Contract land based on law regulation. b) Keep the original type and status of collective land. c) Comply with country's uniform planning. d) The contract cost between 2001 to 20004 will be paid once. 4.6 Land Contractor Dai Shuqing Dai Qingshu (party A) has signed a land contract with Xiaoyu Agricultural, Industrial and Commercial Company (party A) in Zhaijia town. The contract regulates that: the contract period is that from 20th, April,2000 to 20t,April, 2000. The area of contracted land is 1.5hectare. The sum of rent is 28,OOORMB. Dai Shuqing has paid the money once in April, 2000. The contract rules: if the parent authority acquires the land and money of compensation is involved, it will be determined based on the two parties'discussion. 4.7 Resident house affected The interception system of the project will affect 295 households with 1038 rural people lived in Wangjia, Nanliguan, Dapu village. 14,750 m2 rural houses owned by local people (brick/wood structure) will be demolished. 2 households with 6 people in urban area will be affected by the project. 90 m2 public houses which not be involved in house reform (brick/wood structure) will be demolished. 4.8 Entities affected The project will affect 15 entities, most of which are only partly affected. Some are impacted only for the fence or wall. Most of these entities are located in the suburbs, and some in the rural area. There are enough extra land for re-construction in the surroundings of these affected entities. Some of these are under a bad operation, and some are forced to interrupt due to the heavy loss. 4.9 Typical interview Wide-ranging interviews and discussions are made between staff members and people associated in order to get further information about the people affected and compile practical resettlement plan. The selection of interviews is following: 4.9.1 Interview 1: Manager Mr. Zhao yue, Xiaoyu, Village United Co. of Agriculture, Industry and Commerce People in Xiaoyu village all agreed with the project because this can bring much improvement in the water quality of Xi River near the village and their living environment. Currently, the water quality of Xi River is so 24 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project contaminant that the ducks would die when getting into the river. The morbidity of cancer is high. The construction of road surrounding the plant will make the transportation convenient and be helpful to local development of secondary and tertiary industry. Some farmers will lose some land due to the acquisition. From long-term consideration, how to resettle those people appropriately is concemed by the village in accordance with the national policy which is agreed by the farmers. 4.9.2 Interview 11: Farmer Mr. Zhang Shicai There are 3 persons in his family and they have 5.71 mu cultivated land, which is mainly used to plant vegetables. Annual income is about more than 10,000 Y/y. He has learned that the plant would be constructed in Xiaoyu village, and agreed with the project firmly although my cultivated land might be acquired. Because the pollution of Xi River is too heavily, the water is dark and has an extreme odor smell. This situation has being kept for several decades. I wish my family will get the rational compensation according to the concemed policies. 25 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 5 LEGAL FRAMEWORK 5.1 Eminent domain and compensation features Based on the prescription of Land Administration Law of PRC, Article 2: Collectively-owned land could be acquired for public interests in compliance with concerned laws. Article 44: Formalities for examination and approval should be performed when agricultural land will be diverted for construction use. In the road, pipeline engineering, and large infrastructure construction projects approved by the government of provincial, autonomous region, and municipalities directly under central government, as well as construction projects approved by the State Council, agricultural land's diversion for construction use should be approved by the State Council. Within urban, village and small-town land utilization scope, identified in the land utilization master planning, agricultural land's diversion for construction use should be orderly approved, according to annual utilization planning, by the authority which has previously approved land utilization master planning. Within the agricultural land scope, function diversion of which has already been approved, specific construction project could be approved by municipal or county level government. Article 57: Temporary acquisition on state-owned or collectively-owned land by construction and geologic survey should be approved by the land administration authorities under government above county level. Before its submission for approval, temporary land acquisition within urban planning area should firstly be agreed by urban master planning authorities. Land user should, based on the land property, sign contract with concerned land administration authorities, collective economic organizations in small villages or villagers' committee, and pay the land acquisition compensation according to contractual agreement. Temporary land user should, according to the terms agreed in the temporary land use contract, make use of the specific land, and should not build permanent structures on that land. Temporary land acquisition should generally not exceed 2 years. Article 58: Under following situations, state-owned land tenancy could be drawn back with approval from the government that previously approved the land acquisition, or the government that has the approval right. These situations include: (1) alternative land use for public interests; (2) land function modification for urban upgrading within the urban master planning scope. Concerned regulations on Urban House Demolition Administration Rules in Shenvan include: Article 17: 26 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project The demolisher should provide compensation to all affected people, including house-keepers and authorized manager of state-owned houses and their dependencies, concerned with demolished houses and their dependencies. Article 25: The demolisher should reallocate users of the demolished houses in accordance with this Order. Transition period should be clarified in the agreement if reallocation should not be completed in one time. 5.2 Legal and administrative procedures Land Administration Law of PRC prescribes that: Article 46: Local government above county level will make the proclamation and organize implementation for state land acquisition after its legal approval. Land owners and users should, taking along their certificate of land property, handle their registration for land acquisition compensation at local land administration authorities within the time limit in the proclamation. 5.3 Compensation prescription LandAdministration Law of PRC prescribes that: Article 47: Compensation should be provided according to the original purpose of the acquired land. Compensation costs for agricultural land acquisition include: land compensation, reallocation allowance and compensation for surface structures and crops. Land compensation should be 6 to 10 times of average annual output of the previous 3 years before land acquisition. Reallocation allowance should be calculated based on the peasant population to be reallocated. Compensation standard of acquisition on other types of land should be developed in reference of that on agricultural land acquisition by concerned government of provincial, autonomous regions and municipalities directly under central government. Compensation standard for surface structures and crops should be developed by concerned government of provincial, autonomous regions and municipalities directly under central government. If land compensation and reallocation allowance, stipulated in Article 2, still could not restore the original living standard of the peasants to be reallocated, reallocation allowance could be complemented with the approval from concerned government of provincial, autonomous regions and municipalities directly under central government. However, totaling of land compensation and reallocation allowance should not exceed 30 times of average annual output of the previous 3 years before land acquisition. Under specific situation, the State Council may, in consideration of social and economic development progress, raise the land compensation and reallocation allowance standard for agricultural land acquisition. Article 48: 27 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project After compensation option for land acquisition is confirmed, local govemment should make public announcement, and give audience to concerned collective economic organizations in the villages as well as the affected peasants. Article 49: Concemed collective economic organizations in the villages should announce to the members income and expenses conditions of the compensation costs for the acquired land, and at the same time accept their supervision. Defalcation and appropriation of the land compensation costs and other concerned costs should be strictly forbidden. Concerned regulations in Shenvanj Urban Domestic House Demolition Administration Orders include: Article 17: The demolisher should provide compensation to all affected people, including house-keepers and authorized manager of state-owned houses and their dependencies, concemed with demolished houses and their dependencies. Article 25: The demolisher should reallocate users of the demolished houses in accordance with this Order. Transition period should be clarified in the agreement if reallocation should not be completed in one time. 5.4 Legal responsibilities of concerned organization LandAdministration Law of PRC prescribes that: Article 66: Land administration authorities under govemment above county level should perform monitoring and inspections on the activities against laws and regulations for land administration. The monitoring and inspection agencies should be familiar with laws and regulations of land administration, and justly execute concemed laws. Article 70: Illegal activities should be punished through administrative measures during the course of monitoring and inspections, by land administration authorities under govermnent above county level. For the punishment execution beyond their right, they should submit administrative punishment proposal to supervisory department under the govemment with the same or superior levels, which will in tum perform their legal disposal procedures. Article 79: Defalcation and appropriation of the land compensation costs and other concerned costs, which could be defined as a crirne, should be brought to justice. Activities below crime level should be legally given administrative disposal. 28 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 5.5 Concerned policies of the World Bank Policy objectives in OP 4.12 of the World Bank. The objective of the Bank's resettlement policy is to ensure that the population displaced by a project receives benefits from it. (1) Involuntary resettlement should be avoided or minimized where possible. (2) Where displacement is unavoidable, resettlement plans should be developed. Displaced persons should be: * Compensated for their losses at full replacement cost prior to the actual move. * Assisted with the move and supported during the transition period in the resettlement site. * Assisted in their efforts to improve their former living standard, income earning capacity, and production levels, or at least to restore them. Particular attention should be paid to the needs of the poorest group to be resettled. (3) Community participation in the planning and implementation resettlement should be encouraged. Appropriate patterns of social organization should be established, and existing social and cultural institutions of resettlers and their hosts should be supported and used to the greatest extent possible. (4) Resettlers should be integrated socially and environmentally into host communities so that adverse impacts on host communities are minimized. The best way of achieving this integration is for resettlement to be planned in areas benefiting from the project and through consultation with the future hosts. (5) Land, housing, infrastructure, and other compensation should be provided to the adversely affected population, indigenous groups, ethnic minorities, and pastoralists who may have usufruct or customary rights to the land or other resources taken from the project. The absence of legal title to land by such groups should not be a bar to compensation. 5.6 Resettlement policies for the proposed project The resettlement policies for the proposed project are developed according to concerned regulations from the World Bank, national, Liaoning Provincial as well as Shenyang municipal orders. In order to keep the compensation and resettlement policy of the project in accordance with the resettlement target of the project, in case there are any big revision or variation on the resettlement policy such as variation of compensation qualification and condition, reduction of compensation standard, limitation and reduction of helps and assistance provided to affected people, it should be agreed by project's owner and the World Bank before implementation. 29 Shenyang-rap-e-lrbp2 DRaft Jan 24 2002  Resettlement Action Plan of Shenyang Wastewater Treatment Project 6 ORGANIZATIONS 6.1 Relevant organizations on resettlement action Relevant Organizations responsible for planning, management, implementation and monitoring in the resettlement action include: * Liaoning Urban Construction and Renewal Project Office(LUCRPO) * Shenyang Urban Environmental Project Leading Group(SUEPLG) * Shenyang Urban Construction Project Management Office(SUCPMO) * Shenyang Urban Wastewater Treatment Ltd. Company(SUWTC) * Shenyang Municipal Urban Planning Bureau(SUPB) * Shenyang Municipal Land Administrative Bureau(SLAB) * People's Government of Zhaijia Town of Yuhong district (PGZT) * House Demolition Management Office of Yuhong District (HDMOYuhong) * Land Administrative Bureau of Yuhong District (LABYuhong) * Administrative Committee of Xiaoyu, Wangjia, Nanliguan, Dapu, Yuliangpu and Ganguangtun Village. * China Shenyang Urban Engineering Design Institute(CSUEDI) * Resettler Research and Monitoring Center of Hehai University (RRMC) Vice-mayor of Shenyang city who is mainly in chectarerge of urban construction is appointed as the director of Shenyang Urban Environmental Project Leading Group; And vice-secretary of Shenyang city and the director of Shenyang Construction Committee undertake as vice-directors of it; Its members include leaders of Planning Committee, Financial Bureau, Construction Committee, Urban Planning Bureau, Environmental Protection Bureau, Land Administrative Bureau, Hydraulic Facilities Management Bureau, Urban Construction Bureau. The leading group set a subordinate unit of Shenyang Urban Construction Project Management Office. Shenyang Urban Construction Project Management Office will be responsible for organization, coordination and supervision and checking of land acquisition, house demolition and resettlement of the project, and also is responsible for the preparation and implementation of Resettlement Action Plan. Shenyang Land Administration Bureau will be responsible for the acquisition of rural collective land. China Shenyang Urban Engineering Design Institute will be responsible for the feasibility study and design of the project. The resettler research and Monitoring center of Hehectarei University will be responsible for the external monitoring of resettlement action independently. 6.2 Responsibility 6.2.1 Liaoning Urban Construction and Renewal Project Office