ENVIRONMENTAL AND SOCIAL SAFEGUARD DUE DILLIGENCE

FOR

SEWERAGE SYSTEM IN BEGUSARAI TOWN, BIHAR

  1. INTRODUCTION

Increasing population, haphazard urbanisation and industrial growth in Ganga river basin has resulted in high pollution level in economically and culturally important river Ganga. The Government of India (GoI) has established the National Ganga River Basin Authority (NGRBA) for comprehensive management of the river. The NGRBA program will adopt a river basin approach and has been given multi-sectoral mandate to address both water quantity and quality aspects. The NGRBA is implementing the program with financial assistance from The World Bank in five major states (Uttarakhand, Uttar Pradesh, Bihar, Jharkhand and West Bengal) along the main stem of Ganga. To ensure effective implementation of the program NGRBA has designed a framework that address the technical, environmental and social aspects of each category of investment in the program.

Recently, GOI has requested the World Bank to consider some of the investments that were approved by MoEF / NGRBA prior to the commencement of Bank funded program for retroactive financing. Since these investments were not prepared in line with the agreed framework of the project, Bank team carried out a due diligence to assess the technical, procurement, environmental and social safeguard aspects of each of these projects and their eligibility for financing. The current document provides the details of environmental and social safeguard due diligence carried out by the Bank Team and the agreed action plan for complying with some of the safeguard issues.

The Environment and Social safeguard due diligence was undertaken by the Bank team[1] with co-ordination from Safeguard Specialists from National Mission for Clean Ganga (NMCG). The due diligence process was accomplished through detailed interactions with implementing agency, contractors, site visits and consultation with communities at site wherever feasible. Available DPR, design, drawings were also reviewed during the process.

  1. PROJECT BACKGROUND AND Description of Project Components

Begusarai town is situated at about 125 km from the state capital Patna, Bihar. The town is flanked by River Ganges on its west-south border. As per 2001 census, Begusari had a population of 93,741. The town has no comprehensive sewerage system. The human excreta is disposed through on-site sanitation methods. Open defection is also common in the town. Spent water from kitchen and bath rooms is let into surface drains and local depressions.

The proposed project aims effective abatement of pollution of riverGanga by providing comprehensive sewage collection, treatment &disposal system using laterals, branches and trunk mains including sewagetreatment plant.The project is designed for a population of 221,740 (year 2041).

The whole city is divided in three zones. Each zone is connected with one Intermediate Pumping Station (IPS) for pumping sewage to common STP. The project includes two pumping stations to restrict the depth of excavation to 8.0 m in general and the sewage treatment plant proposed is of 17 MLD capacity. The treatment process proposed is Activated Sludge Process based on Sequential Batch Reactor technology. The treated wastewater from the treatment plant will discharged in the River Ganga through an out fall sewer.

Proposed Project Component:

The details of project components are presented below:

  1. Sewerage Treatment Plant (STP) of 17 MLD at Raja Dumir (Kothia village as an alternative): The 17 MLD capacity is proposed based on 2026 population projections with the provision of expansion later. No construction started yet.
  1. Intermediate Pumping Station (IPS-1) at Resham (Silk) Department’s Compound: This station will serve Zone I & III.
  1. Intermediate Pumping Station (IPS-2) at Pokhar: This will serve zone 2B
  1. Intermediate Pumping Station (IPS-3) at Pipra: This will serve zone 2A
  1. Laying Sewage Network 105 kilometres: The construction of sewage network is in progress and it is mostly placed on the existing carriageway of the PWD or Municipality roads
  1. Status of environmental and social assessment

No separate environmental and social assessment specific to the proposed project was carried by the implementing agency. The detailed project report also does not integrate environmental management aspects into the design.DPR primarily deals with the technical details and carries no social information.

  1. ENVIRONMENTAL AND SOCIAL PROFILE OF THE AREA AND SCREENING

Begusarai district is one of the thirty-eight districts of Bihar state, India, and Begusarai town is the administrative headquarters of this district. The district lies on the northern bank of river Ganga. It was established in 1870 as a subdivision of Munger District. In 1972, it was given district status. The name of the district apparently comes from "Begum" (queen) + "Sarai" (inn) as "Begum" of Bhagalpur used to come to the "Simaria Ghat" (a holy place at Ganges bank) for a month of pilgrimage which later took the present slang form Begusarai.

The total population of Begusarai Municipal Corporation as per 2011 census is 252,008 out of which 133,722 (53%) are male and 118,286 (47%) are female. The sex ratio of the city population is 885. The scheduled caste (SC) population is 31017 (12%) and the scheduled tribe (ST) population is only 279 (0.1%) within the municipality area.

The literacy status of the Begusaraitown shows that 162,484 persons (64%) are literate. The literacy rate of male population is 64% and in case of female it is 57%. Out of the total city population, 72,351 (29%) constitute the working population. The work force participation among male is 82% and in case of female it is only 18%.

District Begusarai is located at latitudes 25.15 N & 25.45 N and longitudes 85.45 E & 86.36 E in Bihar state of India. The district Begusarai lies in the middle part of great plain known as mid Ganga plain. In general, it is a low-lying flat terrain having a southerly to south-easterly slope. It has an average elevation of 41m (134feet). The southern part of the district, except those of low-lying flood plains of Ganga, appears to be an elevated landmass when compared to the adjoining districts of Khagaria and Samastipur.

Begusarai experiences four seasons (winter, summer, monsoon & post monsoon)in year. The mean monthly temperature varies from minimum 8°C (January) to maximum 42°C (May). The mean annual rainfall is 1155 mm.nearly 83% of annual rainfall is received from mid June to mid October.

No secondary data is available on ambient air quality of the city, however considering activity and transport level in the city, the ambient air quality of the city is largely expected to be within the prescribed National Ambient Air Quality Standards.

None of the project area involves forest land, or is located close to any ecologically sensitive areas. No archeologically protected monument is located in close proximity. No issue related to indigenous people or involuntary resettlement.

Environmental and social screening carried out as part of this due diligence exercise using the screening matrix of the Environmental and Social Management Framework of NGRBA Project (Annexure-1), concludes that the project components have limited impact to environment and can be mitigated with provision adequate mitigative measures and adoption of environmental management plan. The project hence is categorized as ‘Low Impact’ category.

  1. THE DUE DILIGENCE PROCESS

As part of the due diligence, the team visited the project area on October 18-19, 2013 and carried out detailed interactions with implementing agency, contractors, visited project sites, and consultation with communities. A review of the project DPR, design, drawings was also carried out by the team.

  1. KEY ENVIRONMENTAL AND SOCIAL FINDINGS

The due diligence findings are summarized below and the profile of the project facilities, is presented through photographs in the Annexure-2.

  1. Environmental Regulatory Requirements
  1. The subproject need to obtain ‘Consent to Establish’ the sewage treatment plan from the state pollution control board, which is a mandatory requirement under Water (Prevention and Control of Pollution) Act 1972 of Government of India.
  2. It is advisable to undertake tree plantation around the STP, which will help aesthetically as well as to control bad order. Discussions with BUIDCO and the contractors indicated that plantation will be done at the STP. However, there is no provision in BOQs of the contract or any plantation efforts at the site where construction is almost completed.
  1. Project Design/Planning Issues
  1. Proposed site for Sewerage Treatment Plant (STP) of 17 MLD atRaja Dumri is a low lying area that gets flooded during monsoons / rains. The site was used for brick kiln and the structure still exists. The site is currently being cultivated by the landowners. The acquisition of this site is delayed, due to on-going court case.
  2. The project implementing agency has identified an alternative site in Kothia village, which is also a low area requiring and would require substantial filling and tree cutting. STP at this site will also involve, an out fall sewer of about 7 km length for the discharge of sewage either for irrigation or to Ganga. The contract need to be suitably modified to incorporate out fall sewer in the scope of works, if this site chosen for setting up the STP.
  3. None of the sewage pumping stations has defined system of appropriate collection and disposal of bio-degradable and non-biodegradable waste screened out from each of these sewage pumping stations. Proper disposal of screening material from each of the pumping stations needs to be included in the projects.
  4. Most of IPSs are proposed to be located close to populated areas. People in close vicinity to these IPSsmay have issue of bad smell of sewage. Plantingtrees and landscaping around these facilities is suggested to improve the aesthetics and prevent spread of bad smell.
  5. Substantial debris and mud is generated during laying of trunk sewers and construction of pumping stations. Top soil with good productivity and debris is also being disposed in low lying areas. The soil and debris may be well managed for planned land filling and landscaping.
  6. Digested sludge from STP is good for use as manure. While, it is proposed to be used as manure, there are however no clear plans as to, how it will be stored and disposed.
  7. The project design also does not have any provisions for holding of untreated sewage in case of STP breakdown. This needs to be included in the overall design.
  8. No environmental management plan has been prepared for the project during detailed project report stage for management and monitoring of environmental impacts and mitigation during construction and operation phase. Since environmental impacts are minimal, this EMP can be easily evolved with certain guidance. This needs to be developed at the earliest and incorporated in the contract, to ensure that contractor implements the environmental management measures.
  9. DPR for the project does not provide for any budget for environmental management or mitigation including specific monitoring and corrective actions.
  1. Construction / OHS Issues
  1. Occupational health and safety is another area requiring attention. Integration of adequate safety aspects in construction activities and in STP designneeds to be incorporated.
  1. Social - Land Acquisition and Details of Compensation and other assistance
  1. The Detailed Project Report (DPR) also carries no social information, as no social impact assessment (SIA) was carried out for the project.
  2. The DPR for the subproject suggests to ensure active participation of beneficiaries with the project implementation, carry out social awareness campaign for good sanitation and good hygiene practices and to encourage property owners to connect to sewers laid under this project and to encourage the beneficiaries to pay for sanitation services for efficient O&M operations and overall sustainability by engaging an NGO or suitable agency. However, no specific staff is employed or assigned by the implementing agency to deal with the social safeguard issues in the project.
  3. The proposed site for the 17 MLD STP is located at Raja Dumri village in the out skirts of Begusarai town. The land is under acquisition. Though BUIDCO has deposited the compensation amount, it has not been disbursed to the land owners.Of the total 7.24 has of land to be acquired, about 1.25 ha of land is under dispute.Section 9 of LA Act 1894 was issued by revenue officials however Chalka Development Realty Private Limited and others have filed court case in Patna High Court against the acquisition (case number CWJC No. – 7833/2012). The Government has submitted an affidavit in the High Court in this regard (Oath number 30972/30/07.12). The High Court in its order number 01/10-11 has given a stay order on Section 9. (refer Annex – 3).
  4. In view of the ongoing land dispute, an alternative STP land at Kothia village belonging to two private land owners has been identified for the purpose. The land use as observed during the due diligence visit is 50% waterlogged area and 50% agricultural. The ULB is in the process of direct purchase of this land through negotiations with the land owners. Either of these two sites will be finalized for the construction of STP.
  5. The proposed site for development of Intermediate pumping station No. 1 (IPS-1)is located within the premises of Handloom & Sericulture Department (Resham Department’s Compound). The Directorate of Handloom & Sericulture has issued NOC to BUIDCO for construction of the IPS with conditions (refer Annexure-3) that the pumping station should not have any negative impacts on the sericulture and the appropriate arrangements for the irrigation water shall be provided by the implementing agency for the facility. Other than this aspect, the land is vacant and there no other issues were on this land.
  6. The proposed site for development of Intermediate pumping station No. 2 (IPS-2) is located in Pokhariya. It is government land but there is a house within the earmarked site and ownership dispute is pending in the District Session Court, Begusarai (refer Annexure-3) between Government and Dr. K. D. N. Agrawal (case number T/S No. – 43/2006). District Collector, Begusarai will issue the NOC based on the final decision of Court.
  7. The proposed site for development of Intermediate pumping station No. 3 (IPS-3) is located at Pipra. It is government land owned by Municipal Corporation. BUIDCO is in the process of obtaining NOC for construction of the IPS. The land is vacant and there is no encroachment on the land.
  8. The construction of sewage network of 105 kilometre is in progress and it is placed on the existing carriageway of the PWD or Municipality road. The work is being carried out with required permission/ NOC from the PWD and Municipality.
  1. Stake Holder Consultations
  1. The local communities are aware of the subproject and public consultations were carried out in the subproject during project implementation through joint interface meeting with ULBs, community meeting, sensitisation meeting at temple with religious leaders/ local community, activity event at school campus.
  1. Grievance Redressal Arrangements
  1. Though no formal grievances have been recorded, project has not established any project specific grievance redressal mechanism. The only mechanism available is the District Grievance Cell through District Magistrate’s office. Bihar Jal Nigam officials also informally handle grievances if any.
  1. Summary Gap Analysis

The summary gap analysis matrix from social safeguard planning and implementation point of view based on the due diligence study is presented in the table below:

Key Principles and Attributes / Gap / Remarks
Assessment of environmental Impacts / Not Carried out / The due diligence indicates no significant impact (except during the construction phase) due to the project
Implementation of Mitigation and Management Measures / Measures to mitigate construction stage impacts being implemented through standard construction contract provisions / Need specific mitigation measures to avoid and manage the construction stage environment and safety issues.
Principle of Avoidance / Analysis of alternative not carried out / Mostly sites are owned by Govt and Land is being directly purchased
Linkages with other projects / Not applicable / This sub project is not linked to any other project
Involuntary restriction of access to legally designated parks and protected areas / Not applicable / Does not apply to this project
Recognition of untitled persons such as squatters and encroachers including customary rights / Not applicable / One non-titleholder affected by the project (IPS–2 land at Pokhriya). Shall be assisted as per the ESMF.
Avoiding displacement of Indigenous People / Not applicable / No indigenous person in the project area
Planning
Threshold for Resettlement Plan (RP) / No RAP prepared / Abbreviated RAP will be prepared for land affected persons of STP land and NTH of IPS 2 as per ESMF.
Need to replace / restore CPRs / Not applicable / CPRs not affected
Consultation and participation of PAPs during project planning / No consultations carried out / Awareness programme carried out during implementation
Participation of NGOs in project planning / No NGO involved
Cut-off date / Not applicable / Not required in this sub project
Definition of a family for R&R assistance / Not applicable / ESMF defines family. Not required in this sub project
Need and scope of census and socio-economic surveys / Not applicable
Compensation / Not applicable / Land is being acquired for STP site. Compensation will be paid at market value. The compensation value will be topped up with R&R assistances.
Primary Authority for Land Acquisition / District Magistrate facilitate land acquisition
Principle to restore/improve living standards / Not applicable / Loss of livelihood due to acquisition of land. Abbreviated RAP will have livelihood restoration plan.
Compensation for land at replacement value / Compensation is being paid at market value.
Treatment of depreciation and Salvage / Not applicable / One non titleholder will lose residential structure (IPS – 2)
Transaction and transition fee / Not applicable / Will be borne by the project. Details will be given in abbreviated RAP.
Land for Land as an option for compensation / Not applicable / There is no such option.
Resettlement Assistance
Cash assistance over and above compensation / Not applicable / R&R assistance as per ESMf will be provided to both titleholder and non-titleholder.
Assistance to poorest of the poor or vulnerable people / Not applicable / Not required in this sub project
Provision of infrastructure and public services at resettlement sites / Not applicable / Not required in this sub project
Implementation
Implementation of RP / Not applicable / NGO will be hired to implement RAP.
Participation of civil society in implementation of RP / Not applicable / NGO will be hired to implement RAP; community consultation; and information dissemination.
Opportunity for PAPs to participate in planning, design and implementation / Not applicable / PAPs will be consulted during RAP preparation and also during the implementation of RAP.
Disclosure of Resettlement Plan / Not applicable / Will be disclosed in country and in Bank’s Info Shop in both English and Hindi.
Grievance Redressal Mechanism
Procedure for dispute resolution and appeals / Government's grievance handling mechanism through the office of district magistrate
Composition of Grievance Redress Committee / NO project specific GRC established
Participation of representative of PAPs and civil society / No public consultation carried out during project implementation / Public consultation and information dissemination will be carried out.
Monitoring
Independent monitoring / No monitoring mechanism in place / Internal monitoring of RAP implementation will be carried out.
Periodic evaluation and monitoring / No evaluation process in place / Mid term and end term evaluation of RAP implementation by third party will be carried out.
  1. Recommended action plan

Regulatory Permissions