China - Zhejiang Urban Environment Project : resettlement action plan (Vol. 6 of 9) : RAP for Zhenhai Sewage treatment plant of Ningbo City

RP156 Volume 6 ZHEJIANG URBAN EVIRONMENTAL PROJECT Resettlement Action Plan of Zhenhai Sewage Treatment Plant and Related Pipelines Project of Ningbo City (Fifth edition)  Ningbo Urban Infrastructure Developing Office April 2003 2  ABBREVIATION BCMDI Beijing Colored Metallurgy Design Institution DRO Demolition and Resettlement Office NHDAO Ningbo House Demolition Administration Office NLAB Ningbo Land Administrative Bureau NRCR National Research Centre for Resettlement of Hohai University NUIPLG Ningbo Urban Infrastructure Project Leading Group PAP Project Affected Person PAU Project Affected Unit PMO Ningbo Urban Infrastructure Developing Project Management Office RAP Resettlement Action Plan ZHDAO Zhenhai House Demolition Administration Office ZLAB Zhenhai Land Administrative Bureau 3  CONTENTS Definition of Resettlement Terminoloq / 1 Basic Situations of the Project ...................... 4 1.1 BRIEF INTRODUCTION OF THE PROJECT .................................................. 4 1.2 AREAS AFFECTED AND SERVED BY THE PROJECT ............................................ 5 1.3 SOCIAL AND EcONOMic BACKGROUND IN THE PROJECT AREA ............ ............. 6 1.4 PROJECT DESIGN PROCEDURE ................ .................................. 8 1.5 TOTAL INVESTMENT AND CAPITAL SOURCE .................................................. 9 1.6 MEASURES TAKEN TO DECREASE AFFECTS .................................................. 10 2 Project Impacts .......... 13 2.1 PERMANENT LAND ACQUISITION AND TEMPORARY LAND OCCUPATION ........... 14 2.2 AFFECTED ENTERPRISES ............ ...................................... 15 2.3 AFFECTED SHOPS .................................................. 16 2.4 PAPs .................................................. 16 2.5 AFFECTED GROUND ATTACHMENTS ............................. ..................... 17 3 Aims of Resettlement .18 4 Socio-economic Survey on Enterprises and Shops ...................................... 19 4  5 Legal and Policy Framework ............................................. 21 5.1 LAWS AND POLICIES REFERRED IN RESETTLEMENT ....................................... 21 5.2 LAWS AND POLICIES INVOLVED IN RESETTLEMENT ......................................... 22 5.3 RESETTLEMENT POLICIES OF THE PROJECT ................................................. 30 6 Compensation Rates .33 6.1 USING STATE-OWNED LAND WITH PAYMENT .33 6.2 ENTERPRISES .34 6.3 SHOP .35 6.4 GROUND ATTACHMENTS .35 7 Resettlement Plan .36 7.1 RESETTLEMENT OF DEMOLISHED ENTERPRISES AND SHOPS .36 7.2 REHABILITATION OF AFFECTED INFRASTRUCTURE AND GROUND ATTACHMENTS39 8 Participation and Consultation ........................................................... 40 8.1 PUBLIC PARTICIPATION ........................... 40 8.2 PUBLIC OPINIONS SURVEY ........................... 42 8.3 PUBLIC PARTICIPATION PROCESS AND POLICY DISCLOSURE .45 9 Procedures of Appealing .48 10 Organizations................................. 50  10.1 IMPLEMENTATION ORGANIZATIONS .......................................... 50 10.2 ORGANIZATIONAL CHART ........ ........................... ...... 52 10.3 ORGANIZATIONAL CAPACITY ... ....................................... 53 10.4 RESPONSIBILITIES OF INSTITUTIONS ...... .................................... 55 10.5 MEASURES FOR STRENGTHENING INSTITUTIONAL C:APACITY ....................... 60 11 Schedule of Implementation .62 11.1 RESETTLEMENT AND IMPLEMENTATION OF THE PROJECT .62 11.2 IMPLEMENTATION SCHEDULE OF RESET TLEMENT .62 12 Cost and Budget .65 12.1 COST .65 12.2 ANNUAL INVESTMENT PLAN .66 12.3 CAPITAL RESOURCE .67 12.4 CASH FLOW .67 13 Monitoring .69 13.1 INTERNAL MONITORING AND SUPERVISION .70 13.2 EXTERNAL INDEPENDENT MONITORING INSTITUTION .72 13.3 MONITORING INDICATORS .74 13.4 Ex-POST EVALUATION .75 14 Entitlement Matrix ............ 76 6  Appendix 1 Outline of Independent Monitoring and Evaluation on Resettlement ..... 79  Table Contents Table 1.1 Socioeconomic Basic Indexes of Project Area in 2001 .............................. 7 Table2.1 Permanent Land Acquisition of state-owned and Temporary Land Occupation of Zhenhai Sewage Treatment Plant and Related Pipelines .................................... 14 Table 2.2 Basic Conditions of Enterprises Affected by Zhenhai Sewage Treatment Plant and Related Pipelines ............................................................ 15 Table 2.3 Basic Conditions of Shop Demolished for Zhenhai Sewage Treatment Plant and Related Pipelines ............................................................ 16 Table 2.4 PAPs of Zhenhai Sewage Treatment Plant and Related Pipelines ......... 16 Table 2.4 Ground attachments and Infrastructure Aflected by Zhenhai Sewage Treatment Plant and Related Pipelines ............................................................ 17 Table 4.1 Basic Conditions of Affected Enterprises ................................................. 1 9 Table 4.2 Basic Conditions of Affected Shops ......................................................... 20 Table 6.1 Compensation Rate for Using State-owned Land with Payment ............. 33 Table 6.2 Compensation Rate for Houses of Enterprises ........................................ 34 Table 6.3 Subsidy Rate for Movement Transition and Stop Production of Enterprises 34 Table 6.4 Cash Compensation Rate for Business Shop Houses ............................. 35 Table 6.5 Compensation Rate for All Kinds of Affected Attachments ...................... 35 Table 7.1 Resettlement Scheme of Enterprises and Shops .................................... 36 Table 8.1 Public Opinion and Psychology Questionnaire .......... . ............................. 43 Table 8.2 Public Participation Process ............................................................ 45 Table 8.3 Policy Disclosure ............................................................ 46 Table 10.1 Staffing of the Resettlement Institutions Involved in the Project ............ 54 Table 10.2 Principals of Key Implementing Agencies Involved in Project ............... 54 Table 11.1 The Schedule of Land Acquisition and Resettlernent ............................ 64 Table 12.1 Budget for Resettlement I nduced by Zhenhai Sewage Treatment Plant and Related Pipelines of Ningbo ............................................................ 65 8  Table 12.2 Annual Investment Plan .......................... 67 9   Definition of Resettlement Terminoloav This Resettlement Action Plan (RAP) is prepared according to the Laws and Regulations of PRC, and Zhejiang Province as well as the Guidelines of the World Bank (Operational Directive for Involuntary Resettlement OP 4.12). The purpose of this document is to set out an Action plan for the Resettlement and Rehabilitation of the Project Affected Persons (PAPs) to ensure that they will benefit from the project and their standards of living will improve or at least be restored after the project impact. Acquisition of land and other assets for the project will adversely affect the livelihood of persons who live, work or earn their living on the land that will be acquired for the project. PAPs are defined as those persons whose income or livelihoods will be adversely affected by land acquisition for the project. PAPs include the following categories: a) Persons who have a title, right, interest, in structures (houses, enterprises, shelters, or public buildings), land (including residential, agricultural, and grazing land)or any other asset acquired or possessed, in full or in part, permanently or temporarily; b) Persons who use the structures, land or assets described above; or persons whose business, occupation, work, place of residence or habitat adversely affected; or c) Persons whose standard of living is adversely affected as a consequence of land acquisition. A definition of PAPs is given below: Definition of the PAPs: "Affected Persons" means persons who on account of the execution of the project had or would have their: a) standard of living adversely  affected; or b) right, title or interest in any house, land (including premises, agricultural and grazing land) or any other fixed or movable asset acquired or possessed, temporarily or permanently; or c) business, occupation, work or place of residence or habitat adversely affected, and "affected Person" means individually all those who qualify as "Affected persons." PAPs may be individuals or legal persons such as a company, a public institution. Definition of PAPs is not limited to their legal registration or permission to live or conduct business in the affected location, or their title to property. Thus, it includes: a) All those affected by the project regardless cf their legal rights or absence thereof to the assets being taken; and b) Persons without residential permit to live in a certain area. Therefore all such persons who are affected will need to considered and recorded as PAPs, regardless of their legal connection to assets land or location. If there are more than one person, family or household usillg or holding a title to the same land or property that is acquired, they will be compensated and rehabilitated according to the loss they suffer, their rights, and the impacl: on their living standards. The definition of PAPs is linked directly to the adverse effect of the project, regardless of legal rights title or interest. All PAPs are entitled to the improvement or at least restoration of their standards of living, and compensation for the material losses they suffer. Compensation for assets will cover replacement cost. No deductions or discounts will be applied to the compensation amount for depreciation or other reasons All PAPs deriving an economic benefit from the affected land and property are entitled to receive rehabilitation benefits in addition to the compensation for their assets lost. Those PAPs without title, authorization or legal permission to reside, conduct business, 2  cultivate land or construct structures are eligible for rehabilitation of their livelihoods and compensation for their assets on an equal footing with those with formal legal title, authorization or permissions to the assets. The term RESETTLEMENT includes: a) the relocation of living quarters; b) finding acceptable new employment for those whose jobs are affected; c) restoration (or compensation) of affected productive resources such as land, workplaces,, trees and infrastructure; d) restoration of other adverse effect on PAPs' living standards (quality of life) through land acquisition (such as the adverse effects of pollution); e) restoration of or compensation for affected private and public enterprises; and f) restoration of adversely affected on cultural or common property. Rehabilitation means: the restoration of the PAPs' resource capacity to continue with productive activities or lifestyles at a level higher or at least equal to that before the project. The objective of this RAP is to provide a plan for the resettlement and rehabilitation of the PAPs so that their losses will be compensated and their standards of living will be improved or at least restored to the pre-project levels. To achieve these objectives the plan provides for rehabilitation measures so that the income earning potential of individuals are restored to sustain their livelihoods. Affected productive resources of businesses (enterprises including shops) and public property. Infrastructure and cultural property will also be improved or at least restored to their pre-project levels. 3  1 Basic Situations of the Project 1.1 Brief Introduction of the Project The project is a project, which uses VVorld Bank loan to increase urban sewage treatment rate and improve urban environment. The project is composed by 2 following components, including Zhenhai Sewage Treatment Plant and related sewage main pipeline. Zhenhai Sewage Treatment Plant of, which is plannecl to construct, locates in downstream of Zhenhai district, near to Houhaitang Garbage Filling and Burying Factory and abut upon seaside. The plant site covers 7.52 ha. The first period project covers land of 3.5ha, disposal capacity 30 thousand m3/d, which is adopting oxidant dyke techniques with grade 2 in treatment level. The water after being treated will be drain to sea. Comprehensive facilities and land for construction of 60 thousand m3/d for expansion in second period will be considered at the sarne time. Related pipelines includes, 60 thousand m3/d scale of construction for related pipelines, 20.57km of main pipes in length, and 24.6km of sub-main pipes and branch pipes, viz. 45.17km newly-increased pipes in length. At the same time 6 new sewage pump stations (Weihai pump station, Suidaolu pump station, Dongmen pump station, Hongyuanlu pump station, Haitian pump station, Lianjiang pump station) will be constructed. 4  1.2 Areas Affected and Served by the Project 1.2.1 Areas Served by the Project Zhenhai district falls into plain induced by shore and sea of Yongjiang river basin, locating in sub-torrid zone with season climate, with four clear seasons and a warm and wet temperature. Urban area locates in entry of seaport of Yongjiang, with average height above sea level of 3.0M(Huanghai altitude), and rivers of freshwater water system are across with each other, and neighboring sea area is ebb tide area, which is informal half-day tide with small tide height. Zhenhai is a port area, in which main industries are heavy-chemical industries, storage and port transportation industries. In recent years, a lot of national key enterprises opened in Zhenhai, with the increase of attracting business and investment in Zhenhai economic development area, lots of big scale foreign-funded companies set up in Zhenhai Houhaitang industry area. With the development of economy and increase of population, water usage for living and industry is more than 200 thousand m3/d. Otherwise, there is no urban sewage treatment plant in Zhenhai district, a lot of living sewage without treatment are discharged into Yongjiang, in addition, a part of sewage from upstream of Yongjiang are discharged into sea through Yongjaing. According to latest water quality information, provided by Ningbo Environmental Protection Bureau, the pollution of freshwater in local region is serious, with the quality ranging in , and monitoring results of Zhangjianxun section in urban area of Zhongda river shows that, the water quality is under . Indexes of abio-nitrogen and active phosphate in offing water area are over IlIl in water quality. According to "tenth five" plan of national economy and social development and metaphase objective in 2010 of Ningbo and Zhenhai district, Zhenhai district will be built as petrochemicals base and big export and processing base, which will become a port area having the level of modern middle-scale city with prosperous economy, advanced technology, civilization, elegant environment and wealth residents.  The construction of Zhenhai Sewage Treatment Plant will perfect the sewage collection of Chengguan area, Lianjiang area and Houhailang area in Zhenhai district, enhance infrastructure in above areas, and improve economy development environment. 88 thousand people will be benefited from the project. Improving living conditions of local residents, and at the same time, heilth condition of people will improved and Industrial and agricultural production will be prompted, and the investment environment will be ameliorated, which plays a active role in rapid and sustainable development of economy in Zhenhai district. 1.2.2 Area Affected by the Project Zhenhai district of Ningbo is affected by land acquisition for project. 53900 m2(80.8mu) state-owned land in urban area is occupied permanently by project, and 43197m2(65mu) land in urban area is occupied temporarily. Demolition for the project involves 5 enterprises in Yanjianglu and Nandajie in Zhenhai district, which are brick-concrete structure, with demolition acreage of 4813 m', among which houses for office are 957 m2, and houses for production are 3856 m2, with 56 affected employees. The demolition for the project involves a shop in Nandajie in Zhenhai district, with acreage of 50 m2, and 4 affected employees. There are 6 kinds of affected ground attachments. 1.3 Social and Economic Background in the Project Area The serving area of that project mainly covers Zhenhai district of Ningbo. Socioeconomic basic indexes of project area in 2001 can be seen in Table 1.1. 6  Table 1.1 Socioeconomic Basic Indexes of Project Area in 2001 Project Title Unit Zhenhai District 1 Population 1 Total Households 104 households 8.31 2 total Population 104 persons 21.45 Including: Agricultural Population 104 persons 10.62 Population Accrual Rate 2.84 2 Country Land km2 218.5 Including Farmland Acreage kha 13.55 3 GDP 108 yuan 77.61 1 First Industry 108 yuan 2.85 2 Second Industry 1o8 yuan 59.39 3 Tertiary Industry 10 8 yuan 15.38 4 Industry and Agriculture Gross 108 yuan 329.29 Products Including Agriculture 108 yuan 4.52 Industry 108 yuan 324.76 5 Average GDP yuan 36223 6 Disposable Income of Urban yuan 11017 Residents 7 Peasant Average Net Income yuan 5208 Zhehai district locates in northeast of Ningbo, 28km far away from Ningbo urban area, close to northwest of seaport entry of Yongjiang River, with acreage of 218.5km2 and total population of 215 thousand. Four streets and two towns(villages) are the popedoms of Zhenhai district, and project will serve Chengguan area, Linjiang area and Yuefan area. There are about 54 thousand residents in Chengguan area, with total acreage of 10.9km2; there are about 34 thousand residents in Linjiang area, with -7  total acreage of 10.77km2; there are about 62thousand residents in Yuefan area, with serving acreage of 16.17km2. Zhenhai is a port area, in which main industries are heavy-chemical industries, storage and port transportation industries. GDP of whole society in 2001 is up to 77.6 hundred million yuan, among which first industry accounts for 3.7%, second industry accounts for 76.5% tertiary industry accounts for 1 9.8