Page 1 Cover Safeguards USDRP E864 V. 4 Page 2 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc i TABLE OF CONTENT EXECUTIVE SUMMARY...................................................................................................................... ABBREVIATIONS AND ACRONYMS.................................................................................................. EXECUTIVE SUMMARY...................................................................................................................... 1. NATURE OF THE USDRP PROGRAM AND SUBPROJECTS...............................................1 2. USDRP PROJECT CYCLE OVERVIEW..................................................................................2 3. ENVIRONMENT.......................................................................................................................4 3.1. Basic Principles...........................................................................................................4 3.2. Subproject Category....................................................................................................5 3.3. Content of AMDAL Report...........................................................................................6 3.4. AMDAL Procedures and Public Consultation..............................................................7 3.5. Regulation and Environmental Check List for UKL/UPL and SOP ...........................10 4. FUNCTION AND RESPONSIBILITIES OF INSTITUTIONS INVOLVED...............................10 4.1. Involved Agencies at Local Level..............................................................................10 4.2. Involved Agencies at National Level .........................................................................11 4.3. Institutional Arrangement ..........................................................................................12 5. LEGAL CONSIDERATION.....................................................................................................12 Page 3 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc ii TABLE OF ANNEX Annex 1: Project Type Map Annex 2: USDRP Safeguard Organization Annex 3: Type of Sector and Project Scale that require AMDAL or UKL/UPL Annex 4: Environment Checklist for each Subproject Activity Page 4 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc iii ABBREVIATIONS AND ACRONYMS AC Appraisal Committee – it is established at Central Level to decide on eligibility of proposed ULG subprojects based on the stipulations of KMK 35/2003 A MDAL (Analisis Mengenai Dampak Lingkungan) General Framework for Environmental Assessment (typically comprises ANDAL & RKL / RPL) AMDAL Committee An authorized agency responsible to review and appraise ANDAL and RKL/RPL – also called Komisi Penilai (Appraising Committee) ANDAL (Analisis Dampak Lingkungan) Comprehensive EA APBD Annual Local Government Budget Bapedalda Environmental Impact Management Agency – Local Level Bupati Head of (Kabupaten) District DAU Block Grant from Central Government to Local Governments Dinas Line Department within a Local Government DPRD Local Council of a Kabupaten or a Kota EA Environmental Assessment EMP Environmental Management Plan (in accordance to RKL / RPL if ANDAL is required) GOI Government of Indonesia IUIDP Integrated Urban Infrastructure Development Project Kabupaten District Kecamatan Kelurahan An administrative unit below district An administrative unit kecamatan Kota Municipality KIMPRASWIL Ministry of Settlements and Regional Infrastructure KMK 35/2003 Ministerial Degree No 35 of 2003 to regulate On-lending and On-granting Conditions of Donor Loans Musbangkel (Kelurahan) Sub-district Level Development Dialog -- a forum where interests and aspirations of citizens who live within a kelurahan are discussed and noted; Musbangkot City Level Development Dialog -- interests and aspirations from each kelurahan are discussed further to formulate a city-level development agenda NGO Non-Governmental Organization NMC National Management Consultant NOL No Objection Letter PJM (Program Jangka Menengah) 5-year Development Plan at Local Government Level Rakorbang (Rapat Koordinasi Pembangunan) Development Coordination Meeting – a forum where city-level development agenda is discussed / synchronized with the available funds and medium-term development strategy (PJM) RKL / RPL (Rencana Pengelolaan Lingkungan / Rencana Pemantauan Lingkungan) Environmental Management Plan / Environmental Monitoring Plan as an integrated part of ANDAL SK (Surat Keputusan) ULG Degree, issued by Walikota or Bupati SF Stakeholders Forum SMT Safeguard Monitoring Team UIDF Urban Institutional Development Facility UKL / UPL (Upaya Pengelolaan Lingkungan / Upaya Pemantauan Lingkungan) Environmental Management Proposal / Environmental Monitoring Proposal, or simplified EMP, for subprojects that do not require ANDAL ULG Urban Local Government USDRP Urban Sector Development Reform Program Walikota Mayor of a (Kota) Municipality WB World Bank Page 5 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc iv EXECUTIVE SUMMARY The Urban Sector Development Reform Project (USDRP) supports the establishment of accountable governments through the implementation of municipal governance reforms, institutional development and finances priority urban investments at the local level. This integrated approach emphasizing the synergy among these three elements is one of the most important strategic design features of USDRP. It is expected that financing for priority investments will provide the participating ULGs with strong incentive for delivering governance reforms according to the reform action plans agreed by the Government of Indonesia and the Bank. Besides their direct socio-economic, financial and environmental positive impacts, urban investments will provide concrete occasions where the governance reforms are applied in terms of stakeholders ’ participation in investment prioritization, competitive procurement and transparent financial reporting. Participating ULGs prepared medium term investment programs (PJM) together with the representatives of the local stakeholder forum, which form the basis for investment proposals under this project. These investment proposals are an integral part of the ULG budgeting process. While small- and medium-sized sub-projects are likely to be proposed on a yearly basis, big sub-projects are expected to be proposed as multi-year implementation programs. Such multi-year sub-projects should have an MOU between the executive, the DPRD and the non-governmental component within the stakeholder forum, to ensure that there is enough budget support in subsequent years for this proposal. Under this arrangement only the first-year program will be identified in detail in terms of nature and possible impacts on the environment. The project will not allow first year investment proposals that have significant environment impacts whose impact analyses and measurement cannot be finished within the first year sub-project and local budget cycle. Therefore, this safeguard framework is intended mainly for the second year onwards. The objective of this USDRP safeguard framework is to provide for all parties involved a common platform in analyzing, planning, implementing, operating and monitoring potential subprojects in line with Bank requirements and the prevailing Indonesian laws on environmental impacts. The safeguard framework should help participating ULGs ensuring a systematic evaluation of subprojects against environmental risks; to reduce and manage adverse risks; to promote environmental benefits; and to ensure full disclosure and meaningful consultation with affected people. The Urban Sector Development and Reform Project (USDRP) is considered as a category “A” project. The principles issues which are addressed hereinafter comprise the following safeguard components: Page 6 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc v Safeguard Policies Triggered by the Project Yes No Environmental Assessment (OP/BP/GP 4.01) [ x ] [ ] Natural Habitats (OP/BP 4.04) [ ] [x] Pest Management (OP 4.09) [ ] [x] Cultural Property (OPN 11.03, being revised as OP 4.11) [ ] [x] Involuntary Resettlement (OP/BP 4.12) [ x ] [ ] Indigenous Peoples (OD 4.20, being revised as OP 4.10) [ x ] [ ] Forests (OP/BP 4.36) [ ] [x] Safety of Dams (OP/BP 4.37) [ ] [x] Projects in Disputed Areas (OP/BP/GP 7.60) [ ] [x] Projects on International Waterways (OP/BP/GP 7.50) [ ] [x] Environmental assessment and mitigation plans may be produced in the form of: (i) AMDAL (or ANDAL in combination with RKL/RPL), or (ii) UKL/UPL, depending on impact category of the concerned subproject. The selection of the environmental category for each subproject is determined through the application of criteria set-forth in this framework. This safeguard also describes implementing and monitoring agencies of AMDAL and UKL/UPL. This institutional arrangement also applies to other aspects of the safeguard mechanism, namely the land acquisition and resettlement, and indigenous and vulnerable people (IVP), and therefore, each aspect does not require a different arrangement or agencies. Page 7 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 1 1. NATURE OF THE USDRP PROGRAM AND SUBPROJECTS The objective of the Urban Sector Development Reform Program (USDRP, or “the project”) is to support local governments in their efforts to alleviate poverty, to stimulate the development of local/regional economy, and to improve the delivery of sustainable and demand-driven urban services. The ultimate goal of these efforts is to improve the living quality of the urban population. To be able to achieve these objectives the project will ensure that participating urban local governments (ULGs): A. Select prioritized investments for infrastructure development that are based on an agreed long-term development strategy and medium term development plan (PJM); B. Engage in governance reforms that foster participation, transparency, and accountability as well as internal management reforms focusing on procurement of goods and services and financial management; C. Develop institutional and regulatory capacity for better delivery of urban services; D. Determine and implement priority investments in both a participatory and accountable way. USDRP is responding to the needs under a decentralized and democratic environment of the civil society. USDRP is building on the approach taken by other urban development projects, such as the prominent IUIDP (Integrated Urban Infrastructure Development Program), where investment in infrastructure was a primary objective. In contrast, USDRP views urban development in a more comprehensive way, therefore investment in infrastructure is only one part of a broad-based development approach. Other strategic elements include the establishment and implementation of comprehensive governance reforms and improvement of the delivery capacity for public service of participating ULGs. The USDRP is encouraging the participating ULG to identify subprojects through an “open menu” 1 approach. To satisfy the entire needs for urban development participating ULGs have the opportunity to invest without sector specific limitations. The main investment sectors concerned comprise: public works and transportation. The process of identification and selection of subprojects needs to be conducted in a participatory way, involving local government, council, and the stakeholders forum (SF). Consistent to this approach USDRP does not determine a ceiling amount for a proposed subproject. However, the proposed subprojects should be socially, environmentally, and economically viable and in line with an approved medium term development plan (PJM). The total amount of money borrowed by the participating ULGs depends upon their financial capacities. As the name USDRP suggests investment related to this project will only be carried out in urbanized area and will not enter into protected areas. This dictates the types of safeguard framework needed to support most of the subprojects, i.e. environment, and land acquisition and resettlement. This environmental framework is a part of such safeguard frameworks. All future USDRP related subproject proposals shall meet those requirements set forth hereinafter. In addition, it should be acknowledged that this safeguard framework is part of the loan negotiation documents and should, therefore, have been agreed by all participating 1 Annex 1 is an indicative list of possible subprojects that are eligible for USDRP finance Page 8 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 2 ULGs prior to loan negotiations. In the event that selected investment projects were identified before the negotiation, the negotiation documents should include the summary of AMDAL, or UKL/UPL. Serious violation of requirements will intercept the program for those investment projects that do not conform to this framework. 2. USDRP PROJECT CYCLE OVERVIEW The following overview is a generic, and in a way idealistic, illustration of required sub- project development steps and their interaction within three mainstream activities, namely: (i) routing budget planning approach of Indonesian ULGs, (ii) technical stages required in sub- project development, and (iii) safeguard measures and activities. Participating USDRP ULGs are requested to consider the staging and elements of this overview as a minimum requirement for subproject preparation. The approach applies for single, as well as multiyear investment projects. The significance is that the concerned ULG needs to allocate adequate counterpart budgets for each fiscal year individually, even though prior endorsement was given by the local government assembly for the construction of a multi-year subproject. To secure the allocation of local counterpart funds it is required for the ULG to enter into a MOU with the local council (DPRD). With regard to budget allocation for safeguard requirements, the following should be noted that budgets for the preparation of ANDAL and RKL/RPL should be allocated simultaneously with the budget for project planning and design, either through the local budget (APBD) or the USDRP specific UIDF, which is providing grants for project preparation. These budgets are typically allocated one year prior to investment. Budgets for monitoring and implementation of the management plan should be allocated in the local budget during the implementation stage. Page 9 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 3 Table 1: USDRP Project Planning Cycle Safeguard Issues 2 Months ULG Budget Planning Process Subproject Development Stages Environmental Aspects February Dinas prepares their budget proposals ULG establishes USDRP project implementation units (PIU) Bapedalda and AMDAL Committee 3 is established at each government level (ULG, Province, Central) prior to commencement of USDRP activities. Safeguards Monitoring Team (SMT) is established at each ULG level. SMT establishes screening criteria and requirements for USDRP subprojects, especially for environmental aspects, based on this Safeguard Framework. March Musbangkel Proponent (Dinas) synchronizes PJM and their subproject proposals – the output is a list of priority subprojects. SMT discusses with the proponent screening criteria and requirements 4 Dinas and relevant local agencies (AMDAL Committee, or Bapedalda for environmental aspects screen the subproject proposals for the following aspects: a. Environment : - confirm that the subprojects are not in the negative list; - decide whether the subprojects need AMDAL, UKL/UPL, SOP, or nothing. List of subprojects priority has been developed May ULG conducts Rakorbang to discuss, formulate, and synchronize proposed subprojects with PJM and to estimate budget availability Subprojects that will be financed through USDRP, or other sources, have been determined. Proponent prepares budget for large and complex subprojects that require AMDAL and Comprehensive LARAP and proposed to be implemented in the next fiscal year Proponent conducts feasibility study (FS) Proponent prepares: draft UKL/UPL and submits it to Bapedalda for a review. Submit FS, request subproject approval and subproject finance to Appraisal Committee (AC) 2 The following cycle is typical for UKL/UPL. The time frame for AMDAL needs to be addressed and established from case to case depending on the nature of the proposed subprojects 3 Within the context of this cycle the term AMDAL Committee refers to the institutional arrangement which is engaged in the review and approval of AMDAL. This Committee might be also be consulted in general environmental issues. According to prevailing regulation, AMDAL Committees, which are responsible to review AMDAL documents, are either: Central AMDAL Committee, or Provincial AMDAL Committee, or ULG AMDAL Committee. Those Committees are not hierarchical; each has a separate jurisdiction depending upon several factors. Article 11 (1) of Government Regulation (PP) No. 27/1999 concerning AMDAL states: Central AMDAL Committee is responsible to review AMDAL which has elements of national strategic and/or is related to state defense, with impacts that covers more than 1 Province, located in conflict areas with (an)other state/s, located in the sea, and/or its location also covers jurisdiction of (an)other state/s. Article 11 (2) states that local (Provincial or Municipality/District) AMDAL Committee is responsible to review AMDAL which has elements not included in the above criteria. 4 See screening criteria and requirements for environmental aspects at Annex 3,. Page 10 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 4 Safeguard Issues 2 Months ULG Budget Planning Process Subproject Development Stages Environmental Aspects October Information on DAU (central government grant to local government) ULG mobilizes consultants to prepare DED & tender documents Bapedalda approves UKL/UPL Nov./ Dec. Budget approval The Bank finishes reviewing a sample (which is taken randomly) of UKL/UPL Prepare USDRP project budgets Tender out and implement works Proponent implements UKL/UPL. SMT oversees the implementation of UKL/UPL and conducts necessary monitoring. Proponent starts preparing AMDAL for large-scale and complex subprojects that need to be accompanied by AMDAL. AMDAL is expected to finish at the time the USDRP budget for that subproject is ready (January) 3. ENVIRONMENT 3.1. Basic Principles Principles of the AMDAL are outlined below. Consequently, any proposed ULG subproject conforms to, and ensures, the recognition of these principles. A. Environmental assessment and mitigation plans may be produced in the form of: (i) AMDAL (or ANDAL in combination with RKL/RPL), or (ii) UKL/UPL, depending on impact category of the concerned subproject (see below list of Categories). The selection of the environmental category for each subproject is determined through the application of criteria set-forth in this framework. B. AMDAL or UKL/UPL should be viewed as a quality enhancement tool. As such, it is recommended that AMDAL or UKL/UPL form an integrated part together with technical, economic, social, institutional, and financial analysis of any proposed subproject. C. USDRP will not support any investment that will create significant adverse and irreversible environmental impacts beyond the capacity of the concerned ULGs to manage. D. As far as possible, subprojects must avoid, or minimize, negative impacts on the environment. Design alternatives, including non-project alternative, must be studied thoroughly before any subproject is submitted. Accordingly, subprojects must be designed to maximize positive impacts. E. Subprojects that are predicted to cause large and important (negative) impacts to the environment, and those impacts could not be mitigated through design and construction practices, must be accompanied by an AMDAL . F. There will be no subprojects under USDRP that affect any critical natural habitat, indigenous people, protected areas, international waterways, or disputed areas. Additionally, the project will not finance the following items: i) Ozone-depleting substances, tobacco or tobacco products: No subprojects using or producing these materials will be financed. Page 11 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 5 ii) Asbestos. No asbestos-containing materials will be financed. Special mitigation measures to address any issues with existing asbestos in any proposed sub-project (e.g. renovation of buildings that may have used asbestos) will be applied. iii) Hazardous materials and wastes. No subproject will be financed that uses, produces, stores or transports hazardous materials (toxic, corrosive or explosive) or material that classified as "B3" (hazardous wastes) in Indonesian law. iv) Pesticides, herbicides, and insecticides. No subprojects that purchase pesticides, herbicides, or insecticides will be financed. v) Construction of dams. No construction or rehabilitation of dams, or any investment that rely on the performance of an existing dam, or a dam under construction, will be financed through USDRP. vi) Cultural property. No subproject will be financed that would degrade or damage cultural property, including not only physical artifacts and structures but also sites considered sacred or otherwise having spiritual importance. vii) Logging operation. No subprojects that are linked to logging or procurement of logging equipments will be financed G. For practical reasons it is suggested that first-year investment subprojects that are proposed by any participating ULGs should not trigger the elaboration of an AMDAL. Such subprojects may be included in the second year of USDRP implementation, or thereafter. 3.2. Subproject Category This environmental safeguard applies during all stages of development, i.e.: subproject proposal, planning, implementation, and operation. Each subproject will be scrutinized against screening criteria set forth in the National regulation and operational policies of the Bank. According to Operational Policies 4.01 of the Bank, any USDRP subproject could be categorized into one of the following three categories. Equivalent categorization based on National regulation is also shown in the table. Table 2: Category of Subprojects Category Impacts Bank Requirement GOI Requirement A Subprojects are characterized creating significant adverse environment impacts, with regard to sensitivity, diversity, irreversibility, and/or unprecedented impacts. Comprehensive EA and EMP ANDAL and RKL/RPL *) B Subprojects are characterized being small in volume and size, implying reversible environmental impacts. Simplified EA and EMP UKL/UPL C Subprojects do not comprise construction works, and do not cause air, soil and water No EA required No AMDAL or UKL/UPL required. Page 12 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 6 Category Impacts Bank Requirement GOI Requirement contamination. *) see Annex 3, attached: Decree of the State Minister of the Environment No. 17/2001 concerning Types of Activities which should be accompanied by AMDAL; and decree of the Minister of Settlement and Regional Infrastructure no. 17/KPTS/M/2003 concerning activities in the field of Settlement and Regional Infrastructure which should be accompanied by an UKL/UPL Law no. 23/1997 concerning Environmental Management, Article 15(1) states that any plan of activity or work that possibly creates large and significant environmental impacts must be accompanied by an AMDAL. Government Regulation (Peraturan Pemerintah, or PP) no. 27/1999 concerning AMDAL, Article 5(1) furthermore elaborates criteria of large and significant impacts that include: (i) influence a large number of people, area, and environmental components; (ii) impacts are intense, occur during a long period of time, they are cumulative, and irreversible. 3.3. Content of AMDAL Report The following is a listing of items that should be included in any subproject analysis and report. More detailed outline on ANDAL and RKL/RPL preparation is described in the Project Implementation Plan (PIP) document. A. Contents of an ANDAL report should include, as a minimum requirement, the following sections: i) Executive summary ii) Introduction, including policy, legal, institutional, and administrative framework of the study iii) Scope of the study in terms of substances to be analyzed and spatial boundaries of the observation iv) Methods of the study, including methods of data collection and analysis, impacts estimation, and evaluation v) Detailed technical subproject description vi) Baseline data with regard to the municipality, project environment and subproject vii) Environmental and social impact prediction, including indirect and cumulative impacts viii) Analysis of alternatives, including non-project alternatives ix) Evaluation of large and important impacts x) Appendices of supporting subproject documents, including the process of public consultations and summary of achieved results The extent, depth, and type of analysis depend on the nature, scale, and potential environmental impact of the proposed subproject. The proponent evaluates and the AMDAL com mittee approves a subproject’s potential environmental risks and impacts, examines subproject alternatives, identifies ways of improving subproject selection, location, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse environmental impacts and enhancing positive impacts. B. Contents of an RKL/RPL report should include, as a minimum requirement, the following sections: Page 13 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 7 i) Executive summary ii) Introduction iii) Approaches of Environmental Management (technology, socio-economic, institutional) iv) Environmental Management Plan (RKL) Large and important environmental impacts and their sources: environmental components that may be affected and sources of impacts Indicators of impacts Purposes of environmental management Management plan and mitigating measures during pre-construction, construction and operation periods Locations and periods of mitigation. Budget and schedule Institutional arrangement: responsible agencies, and reporting relationship v) Environmental Monitoring Plan (RPL) Large and important impacts to be monitored Sources of impacts Monitoring indicators Purpose of environmental monitoring; Methods and locations of monitoring Budget and schedule Institutional arrangement: responsible agencies, and reporting relationship RKL/RPL should describe a set of mitigation, monitoring, and institutional measures that need to be exercised during implementation and operation of the subproject to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. Most important is to allocate clear and adequate interfaces of responsibilities to the institutions and stakeholders involved. 3.4. AMDAL Procedures and Public Consultation Proponents need to work closely together with the potentially affected people (PAP) and need to coordinate with the AMDAL committee for following essential steps: A. Decision to determine appropriate subproject category and selection of adequate safeguard requirements (as illustrated in Table 3 above), B. preparation and approval of TOR for the preparation of adequate safeguards documents, and C. preparation and approval of safeguard documents The following figure is illustrating the procedures involved to implement environmental assessments and management documents. Figure 1 should be read as an integrated part of the subproject cycle, as illustrated in Table 1 above. Page 14 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 8 Figure 1: Procedures of AMDAL During the preparation of ANDAL and RKL/RPL the proponent has to ensure to conduct minimum procedural requirements, comprising the following elements: A. Approval: Relevant AMDAL Committee is the authorized agency responsible to review and appraise TOR and draft of ANDAL and RKL/RPL. Proceeding approval of the TOR and draft ANDAL and RKL/RPL, proponent will conduct consultations with the Stakeholders Forum and the PAP. These consultations are mandatory, and results of the consultations must be recorded as an integrated part of the ANDAL report. B. Reporting: Administratively, the AMDAL Committee reports their activities to their respective superior authorities, i.e Mayor or Bupati (for Screening for UKL/UPL Proponent (i.e Dinas , or line depart ment within the local government) proposes subprojects Screening of large and significant environ mental impact *) Proponent submits draft UKL/UPL to Bapedalda , or Dinas Lingkungan Hidup (if Bapedalda does not exist at ULG level) Proponent submits TOR to relevant AMDAL Committee **) Proponent submits draft ANDAL and RKL/RPL to relevant AMDAL Committee Proponent implements RKL/RPL Proponent, may be facilitated by AMDAL Committee, to consult Stakeholders Forum and PAP Proponent, may be facilitated by relevant AMDAL Committee, to consult Stakeholders Forum and PAP ANDAL required TOR Approval?* ANDAL and RKL/RPL Approval?* Yes Proponent reports the implementation of RKL/RPL and the conduct of project-related environmental monitoring to: ExA cq. NMC; Bapedalda; Governor; and The Bank No Revise TOR UKL/UPL Approval? Revise Draft Yes Yes ** The Bank also has to approve the TOR and draft ANDAL and RKL/RPL Revise draft SOP * Screening involves the Dinas, Bapedalda, and/or AMDAL Commiitee , and should refer to screening criteria setforth at Annex 3 of this Framework Bapedalda reports its monitoring and evaluation to State Minister of the Environment (at least twice a year) cc licensing agency and the Governor No ANDAL Yes No No ANDAL No Page 15 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 9 Kota/Kabupaten AMDAL Committee), or Governor (for Provincial AMDAL Committee). The proponent must report the implementation of RKL/RPL to relevant agencies as noted in Figure 1 above, and Table 4 below. C. Monitoring: The subproject proponent is the principal agency responsible to conduct subproject-related environmental monitoring. However, Bapedalda is the government agency responsible to monitor environmental quality within their jurisdiction. In that respect Bapedalda may be asked to supervise monitoring activities of the proponent to ensure their conformity with prevailing standards and regulations. Public Consultations during ANDAL and RKL/RPL preparation and RKL/RPL implementation will take the following aspects into consideration: A. To avoid bias during the decision making process because of a possible conflict of interests among the stakeholders within local governments – (they are involved as proponent as well as permanent members and secretariat of the AMDAL Committee) - consultations with the Stakeholder Forum and PAP are mandatory. Consequently, comments made during public consultation with regard to social and/or environmental impacts of the proposed subproject must be adequately addressed and answered and accommodated in the ANDAL and RKL/RPL. B. Government Regulation (PP) No. 27/1999 concerning AMDAL article 33 (3) states that within 30 days after the announcement of the proposed subproject, concerned parties, including PAP, local NGOs, and other concerned stakeholders may give their comments, suggestions, and complaints to the proponent in charge of subproject development. C. During the AMDAL process the proponent informs the Stakeholders Forum, and other local NGOs that are not represented in the Stakeholders Forum, and the PAP, discusses the subproject’s environmental and social aspects and impacts and takes their views into account. The proponent consults these groups at least twice: (i) shortly after environmental screening and before the terms of reference (TOR) is finalized; and (ii) after the draft ANDAL and RKL/RPL reports are prepared and ready for evaluation (by the AMDAL Committee). In addition, the proponent consults with these groups throughout subproject implementation, as necessary, to readdress AMDAL-related issues and subproject impacts. D. For meaningful consultations among the proponent, the Stakeholders Forum, local NGOs, and PAP, the proponent provides all relevant material in a timely manner prior to the consultation process and in a form and language that are understandable and accessible to the groups and people that will be consulted. The material includes a summary of the proposed subproject’s objectives, detailed technical description, and comprehensive illustration of potential impacts. For consultations after the draft ANDAL and RKL/RPL reports are prepared, the proponent provides a summary of the ANDAL and RKL/RPL, including conclusions and recommendations. In addition, the proponent must also disclose the draft of ANDAL and RKL/RPL or UKL/UPL reports available to the public for an unlimited period of time, accessible to the Stakeholder Forum, and local NGOs. E. With regard to environmental and social issues there must be transparent public complaint procedures in place. Public complaints must be resolved prior to the tender phase of the concerned subproject. Complaints filed at any Page 16 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 10 time prior construction, during construction and/or operation of the subproject need to be solved amicably between the proponent and the complaining party. Complaints that cannot be solved by the proponent within a period of 30 calendar days should be forwarded to the Safeguard Monitoring Team for mediation. In the event that complaints that are filed prior to construction cannot be solved amicably within one year, the construction of the subproject should be altered, or adjusted, or postponed. 3.5. Regulation and Environmental Check List for UKL/UPL and SOP Subproject that is not fall under Category A or need an AMDAL, may require a UKL/UPL or SOP. Preparation of a UKL/UPL must be in accordance with the Decision of the State Minister of the Environment No. 86/2003 concerning Guidance for the Preparation of UKL/UPL. In addition, UKL/UPL or SOP for each subproject must also adopt the environmental checklist provided in Annex 4 as a binding requirement. Procedures in preparing the UKL/UPL is shown in Figure 1. The SMT will monitor and oversee the compliance of the proponent agency on the regulation and the checklist during the preparation of the UKL/UPL and SOP. The Bappedalda or Dinas Lingkungan will use the regulation and the environmental checklist as their basis to review the UKL/UPL. The requirement to adopt the Decision of the State Minister of the Environment No. 86/2003 and the environmental checklist for preparing the UKL/UPL and SOP by the subproject proponent and for overseeing and reviewing them by the SMT and the Bappedalda/Dinas Lingkungan will be put in the USDRP Project Operation Manual. 4. FUNCTION AND RESPONSIBILITIES OF INSTITUTIONS INVOLVED 4.1. Involved Agencies at Local Level Agencies at local level are involved in various aspects and stages of the implementation of safeguard framework. Basically, they can be divided into two categories, i.e.: implementing and monitoring agencies. A. Implementing Agencies: i) Subproject Proponent. The proponent of a subproject is participating ULG, through their relevant line department (Dinas). The proponent is responsible to prepare TOR, ANDAL and RKL/RPL, or UKL/UPL (for Environmental Assessment, as well as to supervise their implementations; ii) Relevant AMDAL Committee. AMDAL Committee is the authorized agency responsible to review and approve TOR, ANDAL and RKL/RPL. According to Government Regulation (PP) No. 27/1999 concerning AMDAL, Article 8, relevant AMDAL Committee for USDRP subprojects will most likely be the municipal/district AMDAL Committee (if existing), or Provincial AMDAL Committee. iv. Bappeda – Badan Perencanaan Pembangunan Daerah (Local Development Planning Board) is typically responsible to coordinate the preparation of the Mid-term Local Development Program (PJM). In that regard, Bappeda will be able to conduct initial screenings of proposed subprojects in accordance with the safeguard requirements. iii) Bapedalda - Badan Pengendalian Dampak Lingkungan Daerah – (Environmental Impact Management Agency, at ULG level) or Bapedal Page 17 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 11 Kota/Kabupaten, is the authorized agency responsible to conduct government tasks in the field of environmental impact management, which includes, among other duties, to prevent and to mitigate environmental impacts. According to Decree of State Minister for the Environment No. 86 year 2003, Bapedalda, or Dinas for Environmental Issue within the ULG, is also responsible to review and approve UKL/UPL. With regard to USDRP, Bapedalda may be asked to supervise the proponent in implementing RKL/RPL, and to monitor the quality of the environment in general. Bapedalda is a permanent member of local AMDAL Committee. Typically, their office is also acting as the secretariat of the AMDAL Committee. B. Monitoring Agencies: i) Safeguard Monitoring Team (SMT). SMT is a team established at ULG level prior to the preparatory stage of the subprojects. Assignments of the team includes (but not limited to) the following: to set up screening criteria for selection of subprojects (in accordance with safeguards requirements), to monitor and oversee the subproject’s compliance with the framework, to mediate and solve problems between or among parties in the implementation of the safeguard framework. SMT constitutes representatives of Bappeda, Bapedal kota/kabupaten, and relevant ULG Dinas or units at the local government, and NGOs whose activities focusing on environmental, land, and/or human rights issues. The non- governmental members of the SMT must be selected by the SF. The SMT is coordinated by the Assistant I under the Sekda Office. The establishment of the SMT shall be endorsed through a Mayor’s/Bupati’s decree. ii) Between these two categories of agencies there is a forum which role is to advise the implementing agencies during the preparation stage of the subprojects, and to involve, through its members, to monitor their implementation against safeguard requirements. iii) Stakeholder Forum (SF). SF is an informal representation of elements of the civil society, such as local NGOs, local university lecturers, opinion leaders, traditional leaders, religious leaders, as well as members of local council and local government officials – all in their personal capacities, committed to discuss constructively and contribute to local urban development issues and to suggest ways to improve them. USDRP promotes such an approach as means to increase public participation. SF involves in the review of TOR, ANDAL and RKL/RPL (Environmental Assessment) as a consulting body. If necessary, proponent of the subproject should also consult the Forum during implementation of RKL/RPL. Members of this Forum will also be selected as members of the SMT. 4.2. Involved Agencies at National Level Various agencies are involved at the National level, especially those who will be directly involved in USDRP implementation and of various aspects and stages of the application of the safeguard framework. They are: Page 18 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 12 A. Executing Agency (ExA). For USDRP the Ministry of Settlements and Regional Infrastructure is the ExA on behalf of the Government of Indonesia (GOI). B. National Management Consultant (NMC). On behalf of ExA, NMC is responsible to manage overall day to day operation of the project. As such NMC is to report to the ExA, at least on a monthly basis. C. The World Bank (WB). WB is the creditor who finances a part or entire parts of the subprojects, and consequently it has the right to review and to approve TOR, draft ANDAL, and RKL/RPL. The Bank will only review draft UKL/UPL randomly. 4.3. Institutional Arrangement With regard above definition of roles, the following two tables illustrate the institutional framework to prepare and approve AMDAL and reporting relationship among the involved agencies. Table 3: Institutional Arrangements for AMDAL Preparation No. EA Stage Conducted by Consult with Approve (preparation stage) or Overseen (implementation stage) Report to 1. Preparation TOR, draft ANDAL and RKL/RPL Proponent of subproject, i.e. a Dinas within the local government Stakeholders Forum (SF) and PAP Relevant AMDAL Committee, and the Bank NMC, cc ExA and the Bank UKL/UPL Proponent of subproject, i.e. a Dinas within the local government Bapedalda, or Dinas for Environmental Issue. The Bank reviews UKL/UPL randomly NMC, cc ExA and the Bank 2. Implementation: Supervision of RKL/RPL Proponent of subproject (may be supervised by Bapedalda). SF and PAP (if necessary) Safeguard Monitoring Team (SMT) ExA cq NMC Bapedalda 1) Governor The Bank 1) Bapedalda subsequently reports its monitoring and evaluation to State Minister of the Environment at least twice a year, CC to licensing agency and the Governor. To ensure that responsible agencies do have sufficient capacity to carry out their duties efficiently it is suggested to analyze present management capacities and to conduct trainings to improve delivery and management capacity of the key agencies involved, namely Safeguard Monitoring Team, Bapedalda and the related subproject proponent (Dinas). 5. LEGAL CONSIDERATION A. The ultimate legal basis of AMDAL preparation and implementation is the effective USDRP loan agreement between GOI and the Bank. For the Bank content of this agreement is dictated by its operational procedures set forth in its various operational policies. The Bank accepts procedures and standards of AMDAL preparation and implementation provided in the national regulations. For GOI policies for AMDAL is stated in law no. 23/1997, government regulation 27/1999, and various decrees of the State Page 19 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 13 Minister of the Environmental and other Technical Ministries, as illustrated at the Annex 3. B. Preparation of TOR, ANDAL and RKL/RPL should be reviewed and endorsed by an authorized body (relevant AMDAL Committee for AMDAL, and the Bank). Together with reporting mechanisms of this safeguard as mentioned in the institutional arrangements, this approval mechanism aimed at ensuring that the preparation and implementation of AMDAL follow certain procedures and standards. Page 20 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 14 Annex 1: Project Type Map Types of Cost Recovery Projects Types of Non-cost Recovery Projects Definition : a project that generates direct financial revenues in the form of user charges (tariffs or levies) Definition : a project that is not a cost recovery project E xamples of eligible projects Hospitals (other than Puskesmas ) Puskesmas Pregnancy clinics ( Rumah Bersalin ) Kampung improvement Market development Elementary and secondary schools Solid waste collection (excl. TPAs) Final Solid Waste Disposal Composting facilities Drainage and flood control Transport terminals Traffic management infrastructure Public transport services Land consolidation Parking lots Environmental protection Slaughter houses Elderly houses ( panti asuhan ) Human waste collection (excl. jamban umum ) Community sanitation ( jamban umum ) Water supply systems Erosion protection Toll roads and toll bridges Roads and bridges (not tolled) Housing Micro-irrigation Public cemeteries Youth centers Cold storage facilities Libraries Storage facilities for agricultural products Musea Radio and TV infrastructure Social rehabilitation centers Touristic objects Parks Recreation facilities Incineration facilities Sports facilities Convention centers Ferries Port facilities E-government facilities Kawasan Siap Bangan ( Kasiba ) Notes : - If a project is in any of the above lists, it will not be automatically approved - Cost recovery projects which are not financially feasible do n qualify for grant funding - Cost recovery projects with an element of subsidy are to be classified as 'cost recovery' - Pilot projects in the list of cost recovery projects are to be classified as 'cost recovery' - If a local government deliberately attempts to restructure a project in such a way that it avoids being classified as 'cost recovery', it will be excluded from the appraisal process for a period of maximally three years - If a proposed project is not in the above lists, the Tim Penilai will classify the project based on the definition of a cost recovery project Source: Consultant Page 21 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 15 Annex 2: USDRP Safeguard Organization USDRP Project:\Staff Files\Charts\Project Organization Safeguard.ppt APPRAISAL COMMITTEE LINE MINISTRIES EXECUTING AGENCY KIMPRASWIL - DGURD EXECUTING AGENCY KIMPRASWIL - DGURD BAPPENAS BAPPENAS MINISTRY OF FINANCE MINISTRY OF FINANCE BUPATI/ WALIKOTA BUPATI/ WALIKOTA PROVINCIAL GOVERNMENT PROVINCIAL GOVERNMENT INTER-MINISTERIAL STEERING COMMITTEE INTER-MINISTERIAL STEERING COMMITTEE CPMU CPMO CPFO CPRS UIDF CONSULTANT PPMU PPMU PMU PMU CONSULTANT CONSULTANT PROJECT PROPOSALS PROJECT PROPOSALS SECRETARY SECRETARY BAGIAN BAPPEDA DINAS LH OTHER DINASES BUMD PIU PIU WORLD BANK : C : e : n : t : r : a : l : L : e : v : e : l P r o v i n c i a l L e v e l C i t y L e v e l CONSULTANT CONSULTANT CONSULTANT CONSULTANT PIU CONSULTANT CONSULTANT LOCAL ASSEMPLY (DPRD) LOCAL ASSEMPLY (DPRD) URBAN FORUM URBAN FORUM SMT SMT = Project Implementation Support = Structural Institutions = Optional SMT SMT = Safeguard Monitoring Team AU AU AU AU = Anchor Unit (Procurement Reform) BADAN EAC EAC EAC EAC = EA Committee PIU CONSULTANT CONSULTANT USDRP Project:\Staff Files\Charts\Project Organization Safeguard.ppt APPRAISAL COMMITTEE LINE MINISTRIES EXECUTING AGENCY KIMPRASWIL - DGURD EXECUTING AGENCY KIMPRASWIL - DGURD BAPPENAS BAPPENAS MINISTRY OF FINANCE MINISTRY OF FINANCE BUPATI/ WALIKOTA BUPATI/ WALIKOTA PROVINCIAL GOVERNMENT PROVINCIAL GOVERNMENT INTER-MINISTERIAL STEERING COMMITTEE INTER-MINISTERIAL STEERING COMMITTEE CPMU CPMO CPFO CPRS UIDF CONSULTANT PPMU PPMU PMU PMU CONSULTANT CONSULTANT PROJECT PROPOSALS PROJECT PROPOSALS SECRETARY SECRETARY BAGIAN BAPPEDA DINAS LH OTHER DINASES BUMD PIU PIU WORLD BANK : C : e : n : t : r : a : l : L : e : v : e : l P r o v i n c i a l L e v e l C i t y L e v e l CONSULTANT CONSULTANT CONSULTANT CONSULTANT PIU CONSULTANT CONSULTANT LOCAL ASSEMPLY (DPRD) LOCAL ASSEMPLY (DPRD) URBAN FORUM URBAN FORUM SMT SMT = Project Implementation Support = Structural Institutions = Optional SMT SMT = Safeguard Monitoring Team AU AU AU AU = Anchor Unit (Procurement Reform) BADAN EAC EAC EAC EAC = EA Committee PIU CONSULTANT CONSULTANT Page 22 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 16 Annex 3: Type of Sector and Project Scale that require AMDAL or UKL/UPL The need to prepare AMDAL or UKL/UPL for USDRP subprojects is triggered mainly by the following prevailing Indonesian regulations: 1. Decree of the State Minister of the Environment No. 17/2001, dated 22 May 2001; and 2. Decree of the Minister of Settlements and Regional Infrastructure No. 17/KPTS/2003, dated 3 February 2003 SCALE SECTOR and ACTIVITY ANDAL 5 UKL/UPL 6 Water Supply a. Development of distribution network (serving area) ³ 500 Ha 100 - < 500 Ha b. Development of piped transmission network (length) ³ 10 km 2 - < 10 km c. Water intake from surface spring water, river, lake, or other sources (intake debit) ³ 250 l/sec 50 - < 250 l/sec d. Development of water treatment plant (debit) - > 50 l/sec e. Ground water intake ³ 50 l/sec > 5 - < 50 l/sec Solid Waste a. Final disposal with control landfill system/sanitary landfill (non-hazardous waste) - Area coverage, or - Total capacity 10 Ha ³ 10.000 ton < 10 Ha < 10.000 ton b. Final disposal in tides area 7 - Landfill coverage, or - Total capacity 5 Ha ³ 5.000 ton < 5 Ha < 5.000 ton c. Development of transfer station - Operational capacity ³ 1.000 ton/day < 1.000 ton/day d. Final disposal with open dumping system All size - e. Development of Incinerator - All size f. Building for composting and recycling - > 4 ton/day > 500 m 2 Construction of WWTP & Sewerage a. Waster water treatment plant (feces) ³ 2 Ha < 2 Ha b. Waste water treatment plant ³ 3 Ha < 3 Ha 5 See Decree of the State Minister of the Environment No. 17/2001 dated 22 May 2001 on Types of Activities that Need to be Accompanied by AMDAL 6 See Decree of the Minister of Settlements and Regional Infrastructure No. 17/KPTS/2003, dated 3 February 2003 on Types of Activities that Need to be Accompanied by UKL/UPL. 7 This applies for controlled landfill in tides area as well Page 23 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 17 SCALE SECTOR and ACTIVITY ANDAL 5 UKL/UPL 6 c. Sewerage piping ³ 500 Ha < 500 Ha Drainage a . Development of drainage in large city / metropolitan area - Primary drainage (length) - Secondary and tertiary drainage (length) 5 km 5 km < 5 km 1 – 5 km b. Development of drainage in medium-sized city - Primary drainage (length) - Secondary and tertiary drainage (length) 10 km 10 km < 10 km 2 – 10 km c. Development of drainage in small-sized city - > 5 km River Normalization/Flood Canal a. Metropolitan or big city - Length, or - Volume of dredging, or - Area coverage 5 km ³ 500.000 m 3 - 1 - < 5 km - 1 - 5 Ha b. Medium-sized city - Length, or - Volume of dredging 10 km ³ 500,000 m 3 3 - < 10 km - c. Small city*) - Length; or - Volume of dredging 13 km 500,000 m 3 3 – 13 km - d. Rural area - Length, or - Volume of dredging 15 km ³ 500.000 m 3 5 - < 15 km - e. Waterway diversion - All size Road Development and/or road betterment with broadening of road outside Right of Way a.1 Metropolitan/big city - Length, or - Area coverage 5 km ³ 5 Ha 1 - < 5 km 2 - < 5 Ha a.2 Medium-sized city - Length, or - Area coverage 1 0km ³ 10 Ha 3 - < 10 km 5 - < 10 Ha a.3 Small city*) - Length; or - Area coverage 20 km 15 Ha 4 - < 20 km 7 - < 15 Ha a.4 Rural area – inter urban, length ³ 30km 5 - < 30 km Road betterment with broadening inside Right of Way Large city / metropolitan for arterial road/collector road (length) - ³ 10 km Page 24 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 18 SCALE SECTOR and ACTIVITY ANDAL 5 UKL/UPL 6 B ridge (New Construction) a. Large city (length) b. Medium-sized city (length) - 20 m ³ 60 m Construction of Harbor a. Pier with massive construction - Length, or - Coverage 200 m ³ 6.000 m 2 b. Break water ³ 200 m c. Supporting infrastructure ³ 5 Ha d. Single Point Mooring Buoy ³ 10.000 DWT Fish Harbor a. Length of pier b. Industrial estate (fishing) c. Depth of water ways in the pier 300 m 10 Ha ³ -4 m LWS No specific decree produces by the Department of Transportation (re. harbor) nor the Department of Agriculture (re. fish harbor) concerning UKL/UPL. So any reasonable sizes of facilities below the standard set up by the above-mentioned decree of the State Minister of the Environment concerning AMDAL may be considered to need UKL/UPL. Housing/Residential a. Metropolitan city (coverage) b. Large city (coverage) c. Small to medium-sized city (coverage) 25 Ha 50 Ha ³ 100 Ha 2 - < 25 Ha 2 - < 50 Ha 2 - < 100 Ha Building Construction (Education, trading, offices, religion place etc) a. Area coverage, or b. Building coverage 5 Ha ³ 10.000 m 2 - < 10.000 m 2 New Construction for Resettlement a. Number of persons removed, or b. Area coverage 200 hous eholds ³ 100 Ha 50 – 200 households 2 Ha – 100 Ha Kampung Improvement Program (KIP) 8 UKL/UPL, according to the World Bank’ practices *) These are not included in the above decrees. These numbers are the results of interpolation, based on the criteria applied to other categories of city at the associated sector and activity. Classification of cities: Types of Cities Number of Population 1. Metropolitan city 1,000,000 (in its main city) 8 This is not included in the above-mentioned decrees Page 25 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 19 2. Large city 500,000 – < 1,000,000 3. Medium-sized city 100,000 - < 500,000 4. Small city < 100,000 Rural areas: < 20,000 inhabitants Page 26 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 20 Annex 4: Environment Checklist for each Subproject Activity For All sub-projects 1. Detailed description of engineering aspects of the project with proper maps 2. Identification of environmentally sensitive spots in proper maps (1) Schools, hospitals, residential houses (2) Water intakes (3) River, ponds, lakes, irrigation channels (4) Environmentally protected areas (5) Cultural relics 3. Development of particular mitigation measures for the sensitive sites 4. Identification of major environmental issues to be addressed with priority Water Supply 1. Identification of impacts to the downstream areas of the water source 2. How to treat the sludge from the purification process 3. Where to dump the sludge Solid Waste / Construction of WWTP & sewage 1. Compliance with regulations on the structure of the facility 2. Detailed analysis of the impacts to surface water bodies, underground water and soil 3. Identification of access roads for garbage collection trucks 4. Identification of environmentally sensitive spots along access roads 5. Identification of dumping sites for sludge from the operation of WWTPs 6. Identification of dumping sites for construction wastes from sewage 7. Identification of dumping site for septic tank sludge (if not dumped in WWTP) Drainage / River normalization / Flood Cannel / Harbor 1. Identification of sources of pollutants, such as heavy metals and persistent organic compounds (PCB, DDT, etc.) 2. Identification of the quantity of materials to be dredged 3. Experiment of the quality of materials to be dredged 4. Identification of dumping sites Road 1. Identification of relationships between environmentally protected areas and project sites on maps 2. Identification of material sources (quarries and borrow-pits) and dumping sites. Page 27 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 21 3. Identification of environmentally sensitive spots along access line between the construction sites and material sources or dumping sites Bridge 1. Identification of environmental impacts to the areas where the traffic volumes would increase because of the construction of a new bridge. Housing / Residential area development 1. Identification of relationships between environmentally protected areas and project sites on maps 2. Detailed description on solid and liquid waste treatment methods 3. Identification of environmental impacts, including traffic jams, by the increased traffic in the future and mitigation measures 4. Identification of impacts on hydrology within the development area Building 1. Confirmation of no-purchase of asbestos and pesticides 2. Detailed description of garbage collection systems and wastewater treatment 3. Identification of environmental impacts, including traffic jams, by the increased traffic in the future and mitigation measures KIP (Kampung Improvement Program) 1. Identification of relationship between environmentally protected areas and project sites on maps; 2. Detailed description on solid and liquid waste treatment methods; 3. Identification of environmental impacts, including traffic jams, by the increased traffic in the future and mitigation measures; and 4. Identification of impacts on hydrology within the development area Page 28 URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP) J apanese Grant No. T F 026836 through IBRD Safeguard Framework Environment D:\Adobe\Acrobat 4.0\PDF Output\Backup0of0E86404.wbk.doc 22