The ACP has developed and will implement a comprehensive set of mitigation measures and related programs, many of which are currently in place and practiced, to ensure permanent adverse impacts to the environment and natural resources of the Canal watershed and to the surrounding population are avoided. Equally important, sufficient resources are being made available for reforestation of disturbed areas, reclamation of construction sites and work areas, and social and environmental monitoring and follow-up. Key among the most relevant prevention and mitigation measures during construction are: dredge spoil management; erosion and runoff control; wildlife and archeological findings rescue and relocation; and replacement of infrastructure and other property that might be disturbed or damaged. Upon implementation of these and the specific detailed measures described below, ACP has demonstrated that the expansion project will comply with the IFC Performance Standards on Social and Environmental Sustainability.
Performance Standard 1 – Social and Environmental Assessment and Management Systems:
ACP actively integrates sustainable development frameworks and concepts into its management of hydrologic resources whose main objectives are to provide a reliable transport route to the global ocean shipping industry and to provide a reliable source of potable water and electricity to the citizens of Panama’s central region. ACP’s written Environmental Policy aims to: prevent and control contamination associated with operation and maintenance activities; promote the efficient use of natural resources through strengthened environmental management; applying the concept of continuous improvement through planning, implementation, review, and modification of the Canal’s operational procedures; foster collaborative efforts to protect the hydrologic resources for Canal operations and human consumption; ensure the effective communication of corporate requirements for environmental protection and conservation throughout the organization; and ensure the disclosure of the environmental policy to the public at large.
Environmental and Social Assessment - ACP has been implementing a process of Social and Environmental Assessment (S&EA) as part of its operational maintenance and upgrade activities since the 1980s, long before the conception of the Project. ACP’s has also developed and applied an Environmental Evaluation Manual prior to the enactment of a national environmental regulatory framework in 2000. Historically, operational maintenance and upgrade activities have included such things as navigation channel dredging, particularly the deepening and widening of the Gatun Lake navigation area; widening of the Culebra Cut navigation area; replacement of locomotives and tugboats; and replacement and upgrade of some mechanical components such as the hydraulic arms of lock gates. The Canal authority has been conducting environmental and social impact studies and baseline assessments during this period to evaluate potential impacts and to monitor key environmental and social conditions associated with Canal operations. An extensive compilation of these studies, including environmental impact assessments, geotechnical studies, and technical and financial feasibility evaluations, is available at:
http://www.pancanal.com/esp/plan/temas/estudios-previos/
The S&EA process for the construction and operation of the Third Set of Locks (the “Project”) was initiated about a decade ago through numerous preliminary environmental and social evaluations and baseline assessments that were conducted in conjunction with the feasibility studies for alternative plans for the expansion of the Canal, including the use of water reutilization basins and increase in navigation channel water storage. The preliminary evaluations of social and environmental impacts and Project feasibility studies were used to identify the principal impacts of the Project.
ACP conducted a detailed evaluation of project alternatives which focused on the need to maximize the use of available water resources in the Canal watershed. The sustainable use of water resources is considered essential to the successful operation of the Canal and to the provision of potable water to residents of the most populated region of Central Panama, including Panama City. Project alternatives included numerous options to increase the water storage capacity of the Canal system including such options as construction of additional water storage reservoirs or through a significant increase in the operating level of Gatun Lake, options which would have resulted in the physical displacement of numerous communities. The Project alternative selected by ACP combined water saving options through the construction of water reutilization basins alongside the new locks, an increase in the Gatun Lake system storage capacity by deepening of the navigation channels, and only a slight increase in the Lake’s operating level. This approach guarantees the water volume required to satisfy the demand from the population and human activities served by Gatun Lake as well as expanded Canal operations.
During 2005 and early 2006, in anticipation of the approval of the Project through a national referendum, ACP commissioned the preparation of an Environmental Feasibility Study which was based on the combined synthesis of previously completed S&EA studies; additional field assessments; and interviews of representatives from various ACP business divisions involved in project design and development including Engineering, Geotechnical, Operations and Dredging, Communications, Finance, and Environmental Management. The Environmental Feasibility Study served as a guide for the preparation of the Final S&EA (Estudio de Impacto Ambiental Final), which was presented to Panama’s National Environmental Authority (ANAM) following the Project’s national referendum vote in October 22, 2006. These studies were further complemented by additional evaluations of potential indirect socioeconomic impacts associated with economic growth and human migration.
According to Panama’s environmental legislation, the Environmental Impact Assessment Process contemplates three EIA categories based on the elimination, mitigation and/or compensation of the potential negative environmental impacts a project, work or activity might cause to the environment. In accordance with ACP Technical Manual for Environmental Evaluation, and the Criteria stated in Decree 209, the Third Set of Locks Project was classified as Category III, requiring in depth analysis to evaluate impacts and present the required Environmental Management Plan. The initial Project components and activities covered under the aforementioned environmental impact studies received formal approval from Panama’s Environmental Agency (ANAM) between March and November 2007. The regulatory process included requirements for active consultation with the public, an administrative review period by ANAM and other Government of Panama organizations, and issuance of an Environmental Resolution approving the project.
Management Program - During the last 20 years of operation, the Canal has developed a comprehensive Social and Environmental Management System (SEMS) which is presently integrated into the ACP’s mission, vision and business strategy. The development of the SEMS started long before the enactment of a national environmental regulations framework, and became consolidated under ACP’s leadership of Canal operations since the year 2000. The ACP’s environmental management system (EMS) is certified to ISO14001:2004, the international EMS standard, and ensures its environmental and social performance goes well beyond fulfillment of its national legal obligations. The elements of this program include clearly articulated objectives, strategies, assignment of responsibilities, supervision and audit programs, and a feedback mechanism for the review of environmental and social policies. Environmental and social aspects related to the Canal operations and expansion plans are managed within the context of the ACP 11 Guiding Principles which among them incorporate the following social and environmental concepts: Commitment to the well being of Panamanians; Conservation of the human resources of the Canal; Adherence to the principles and practices of sustainable development; Preserving the environment and the watershed; Respect for the culture and way of life of the communities within the watershed and promoting the participation of the community; Transparency in the decision-making process; and ensuring the safety of ships, employees and clients of the Canal.
Concern for environmental and social performance is further incorporated into the Project’s strategic planning activities articulated in the Project’s Master Plan for the period between 2005 and 2025. The Master Plan defines a series of management programs which the ACP has developed and implemented as part of on-going operational activities and the Project including programs for:
Watershed Management, covering the following aspects primarily oriented towards capacity building for the communities inhabiting the Canal’s watershed area to ensure the sustainable use and development of this key Project resource: management of hydrologic resources; community organization and training; reforestation; environmental education; interinstitutional coordination; potable water supply; solid waste management; vectors control; sewage and wastewater treatment; training on health and water resource protection; landuse planning; land registry and titling; technical assistance and training for local committees and community commission; alternative production schemes and the promotion of cooperative industries; and community infrastructure programs.
Management of Existing Canal Operations, covering the following aspects directly associated with the Canal’s own operations: wastewater management; energy efficiency and conservation; control of atmospheric emissions; environmental evaluation associated to improvement projects for existing assets.
Management for Canal Expansion activities including programs for implementation of management actions to address potential impacts associated with: social and economic issues; cultural and historical resources; peleontological resources; lake water quality; impacts to flora and fauna; management of impacts from excavated and dredged materials; changes in the operational level of Gatun Lake; and issues associated with the Canal expansion’s indirect contribution to a reduction in greenhouse gas emissions globally.
Additional information on the Master Plan is available at the main document at: http://www.pancanal.com/esp/plan/temas/plan-maestro/ or within the environmental aspects section at: http://www.pancanal.com/esp/plan/documentos/plan/acp-plan-08-aspectos-ambientales-y-sociales.pdf
The Master Plan is based on an extensive set of internal Rules and Regulations enacted by the ACP since 1999 (listed in their entirety at http://www.pancanal.com/esp/legal/reglamentos/index.html) which cover a series of operational issues related to existing Canal operations, including numerous topics associated with environment and safety such as:
Monitoring and protection of the Panama Canal (http://www.pancanal.com/esp/legal/reglamentos/acuerdo81.pdf)
Response to emergencies (http://www.pancanal.com/esp/legal/reglamentos/acuerdo10.pdf)
Ethics and conduct (http://www.pancanal.com/esp/legal/reglamentos/acuerdo11.pdf)
Occupational health and safety (http://www.pancanal.com/esp/legal/reglamentos/security/)
Navigation rules (http://www.pancanal.com/esp/legal/reglamentos/acuerdo13.pdf)
Environment and hydrologic resources (http://www.pancanal.com/esp/legal/reglamentos/acuerdo16.pdf)
Labor policy (http://www.pancanal.com/esp/legal/reglamentos/acuerdo18.pdf)
Prevention of communicable diseases (http://www.pancanal.com/esp/legal/reglamentos/acuerdo23.pdf)
Land use planning (http://www.pancanal.com/esp/legal/reglamentos/acuerdo102.pdf) complemented by a land use classification scheme and associated land use compatibility requirements (http://www.pancanal.com/esp/eie/suelos/)
Water resource use and management (http://www.pancanal.com/esp/legal/reglamentos/acuerdo103.pdf)
ACP environmental and social management programs are further supported by a series of implementing procedures covering a number of programs areas including environmental and social assessment through the Technical Manual for Environmental Evaluation (http://www.pancanal.com/esp/plan/estudios/0040-exec.pdf); extensive internal rules and procedures on occupational health and safety also supported by an Occupational Health and Safety Manual (described in further detail later in this document,
http://www.pancanal.com/esp/legal/reglamentos/security/); watershed water quality management (http://www.cich.org/proyectos/proyectos.htm); and vegetation management (Reforestation Manual: http://www.pancanal.com/esp/cuenca/manual-de-reforestacion.pdf).
Based on the results of the environmental and social impact assessments completed for the Canal Expansion Project, ACP has prepared the respective, project-specific environmental management plans (EMPs) which define the program management aspects for each of the principal Project components. The individual EMPs for each of these project components are implemented by Contractors, monitored by ACP’s Environmental Management and Monitoring Section, and are generally organized to address the following aspects of the Project construction and operational phases:
Mitigation Plan for the prevention, control, and management of positive and negative impacts related to:
- Air quality, noise, and vibrations
- Nuisance odors,
- Soil resources due to soil erosion and sedimentation; land slumping and sinking; land slides; soil contamination; soil quality; and soil usability,
- Water resources due to changes in water quality and flow and changes to groundwater levels,
- Flora and fauna due to vegetation cover loss; loss of forest resource potential; loss of habitat; threats to wildlife including risk of wildlife road kills, illegal hunting, and alteration of aquatic resources; and affectation of protected areas,
- Waste management including solid, liquid, and hazardous wastes,
- Materials management including loading, transport, and storage,
- Socioeconomic and cultural aspects due to stimulation of the national economy; increase in income to the national treasury; job creation; immigration; landuse changes; road traffic and road transport demand; compensation for impacts to public infrastructure; risk of occupational illnesses and accidents; increase in criminality; stress on public services; increased waste generation; increased rate of tourism; visual changes to the landscape; affectation of known and unknown archeological resources; socio-environmental issues associated with the shores of Gatun Lake; and resettlement
- Public participation plans including pre-disclosure and consultation activities, community relations plans, and community grievance procedures;
- Risk prevention plans to address physical, chemical, and biological hazards to workers including roles and responsibilities; contractor supervision and administration; applicable regulations; safety training; use of personal protective equipment; hygiene and vector control; housekeeping rules; fire prevention and protection; occupational exposures to noise and vibration; operation of heavy equipment; management of combustible and flammable liquids and toxic substances; explosives safety; compressed gas cylinders; geotechnical safety; site access control; signage; and first aid;
- Environmental education plans (primarily targeting contractors and subcontractors);
- Emergency response plans and measures, including those related to fires; floods and earthquakes; occupational accidents; natural elements; spills of fuels and lubricants.
Organization - ACP has institutionalized its environmental guidelines and social action policies and has environmental and social management departments staffed with qualified specialists that have experience in managing the environmental and social impacts of its projects. Traditional overall responsibility and authority for implementation of ACP’s environmental and social policies and programs lies within the Environment, Water, and Energy Department which reports to the Office of the Administrator of the Canal and which is responsible for policies and operations of environmental conservation as well as for energy generation, water production, and management of water resources. The ACP Human Resources Department is responsible for Occupational Health and Safety issues through its Human Resources Services Division.
For the purpose of the Canal Expansion project, the ACP has created a dedicated project management organization headed by an Engineering and Program Administration Department with a Program Manager responsible for the execution of the Expansion Program, including the implementation of all expansion-related environmental, engineering, safety, and social programs which include:
- Assisting in the development of a Safety Program for the Expansion Program;
- Mentor and Train ACP personnel in Program Administration for Large Projects;
- Advice in communications and public affairs issues related to the Project; and
- Executive management of Resource Planning and Program Controls Division. A Project Environmental Management Section has also been created with the primary responsibility for managing the environmental impact assessment phase which included the preparation of all relevant studies necessary during the alternative discussion phase and for the implementation of the EMPs. The Project Environmental Management Section is organized along the following expertise and functional areas: Ecology, economics, community relations, ecological compensation, biology, biodiversity, cultural heritage, water quality; Geographic Information Systems; reforestation; sociology; reporting and monitoring, terms of reference preparation for related contracts and compliance in general; dry excavation; dredging (each for the Pacific and Atlantic components); locks construction (each for the Pacific and Atlantic components). Environmental and social program implementation responsibilities also fall within this Unit which ensures other sub-departments of the Engineering and Program Administration Department are fully aware and trained on the environmental requirements set forth in the EsIA and the EMP. Additionally, the Dredging and Excavation Division has a Program Management Supervision group with health and safety personnel specifically assigned to oversee the Atlantic and Pacific dredging components of the project. The Locks Project group has a dedicated Construction Safety Manager supported by a staff of Field Safety Coordinators also assigned to the Pacific and Atlantic construction components.Contractors’ implementation of the EMPs will be ensured through the bidding documents and legal contracts which will include performance and financial incentives. Project implementation will be continually supervised and audited against the environmental and social contract requirements of the project. ACP, the contractor, and the project supervisors meet periodically to discuss the results of the evaluation and to modify the implementation program if required to address identified problems. Following the completion of the construction activities, responsibilities for the implementation of environmental and social programs will fall on a permanent revised and adjusted structure, combining the new operations with the existing one. Training - During the Project construction phase ACP will ensure permanently that contractors provide training to their employees and subcontractors in all relevant environmental and occupational health and safety (EHS) procedures required to achieve ACP’s health and safety objectives and compliance with the EMP. New subcontractors will be required to understand the relevant aspects of the EMP through induction activities supported by more frequent communication of risks and procedures to be conducted by EHS supervisors and other experienced professionals responsible for EHS matters. During the operational phase of the Project, ACP will continue to ensure that internal training requirements on the different EHS standards according to the already established management system are met. Contractors’ employees are also required to demonstrate minimum qualifications and understanding of ACP’s EHS procedures. ACP’s operational EHS training programs include all aspects of the environmental and occupational health and safety management programs. Workers are trained on the plans and procedures applicable to their areas of responsibility according to a scheduled yearly training plan. Contractors are required to prepare an Environmental Training Plan to ensure their employees receive proper training on environmental compliance issues related to contract execution. The Plan, which has to be approved by ACP must include a proposed training schedule, materials and contents. Once approved, the ACP monitors its execution, and requests periodic documentation on contractor personnel assistance. Monitoring - ACP and its predecessor, the Canal Commission, have conducted extensive monitoring activities associated with on-going Canal operations over the last two decades. Monitoring activities have been mainly associated with key environmental and social conditions central to the management of Canal operations and the quantity and quality of hydrologic resources. As such many of the traditional monitoring activities have focused on the Canal area watershed and have included monitoring of such environmental aspects as vegetation cover, hydrological conditions, and water quality as well as social aspects related to land use and settlements. Most of these long-term environmental monitoring programs are key components of ACP responsibilities established in the Organic Law for the adequate management use, and conservation of the Canal Watershed water resources. Examples of the results of some of the long term environmental monitoring activities include the monitoring of vegetation coverage for the period between 1985 and 2003 (available at http://www.cich.org/documentos/cobertura-vegetal.pdf) and the monitoring of water quality for physical-chemical and biological characteristics (available at http://www.cich.org/documentos/indice-integridad-biologica.pdf). Additionally, extensive monitoring activities have been conducted as part of the Canal’s operational activities over the last decade including comprehensive hydrologic monitoring since before Canal Construction (available at http://www.pancanal.com/esp/cuenca/anuario/index.html) and various water quality monitoring campaigns such as those conducted between 2003 and 2005 (available at http://www.pancanal.com/esp/cuenca/acp-calidad-de-agua-2003-2005-vol-i.pdf andhttp://www.pancanal.com/esp/cuenca/acp-calidad-de-agua-2003-2005-vol-ii.pdf) and others conducted between 1998 and 2004 with an emphasis on suspended sediment monitoring (available at http://www.pancanal.com/esp/cuenca/1998-2004.pdf). The monitoring of these parameters together with human settlements have also been identified and outlined in the Panama Canal Master Plan for the Period of 2005 to 2025. The environmental and social management program for the Canal Expansion Project includes a detailed Monitoring Plan for construction and operational phase activities covering numerous issues, including the following environmental aspects: ambient air quality; noise; vibrations; soil quality; landslides; and water quality and sedimentation. The environmental monitoring program includes a clear identification of monitoring roles and responsibilities and a system of inspections and audits. Monitoring of progress on environmental and social management is further incorporated into an ACP Program Management intranet portal accessible to all members of the Project team. This intranet system allows for the sharing of information between field personnel and project management officers in real time, including the identification of environmental and social issues requiring follow up actions. During the project implementation phase, the work of all contractors will be documented by an independent contractor overseer who will report directly to the ACP project team on the construction contractor’s compliance with contract and legal requirements. The independent overseer supported by the environmental and health management units will conduct periodic inspections and prepares reports following a set of checklists and report formats applicable to environmental, occupational health and safety, and community safety issues. Environmental monitoring will include such aspects as the accumulation, storage and disposal of construction site and demolition waste, storm water runoff controls, and fuel spill prevention. Worker health and safety monitoring checklists will cover such aspects as the use of personal protective equipment and compliance with construction site safety procedures, including the installation and maintenance of traffic and pedestrian safety signage and barriers and the condition and safety of machinery. Reporting - ACP has internal and external reporting systems to communicate the results of its environmental and social monitoring activities to ACP’s management and to the public at large. Internal reporting activities begin with summaries of the compilation of environmental, health, safety, labor, and social statistics which include such aspects as the number of workers who have received training and promotions; rates of occupational accidents; water and energy resource generation and consumption; reforestation rates; generation and recycling of certain wastes; spill prevention and response; and community outreach activities among others. On construction projects for Canal expansion activities, independent contractor overseers will submit monthly and project completion reports to ACP. The reports will be used to evaluate contractors’ compliance with legal requirements and adherence to mitigation measures outlined in the environmental management plans. In addition, environmental compliance reports prepared by independent contractors will be presented to the ANAM, national environmental entity, every six months.ACP reports externally on its environmental and social performance through various formal publications, including ACP’s Annual Social and Environmental Reports, which are organized according to the United Nation’s Global Compact framework for businesses’ Ten Principles covering the areas of human rights, labor, the environment, and governability (anti-corruption). ACP’s Annual Social and Environmental Report is widely distributed in printed form and made available on the ACP’s external website at: http://www.pancanal.com/esp/general/informes/social-ambiental/index.html. The Yearly Social and Environmental Reports include a detailed Action Plan with a report on the progress of each of the previous year’s objectives in each of the reporting areas and a statement of the new objectives for the following calendar year. In addition to the numerous media efforts outlined in the Community Engagement section of this summary, monthly and quarterly progress reports of the Canal Expansion Program are also prepared and distributed to ACP’s senior management and the public and available on the ACP’s external website at: http://www.pancanal.com/esp/ampliacion/informes/avance.htmlhttp://www.pancanal.com/esp/ampliacion/informes/informes-trimestrales/http://www.pancanal.com/esp/noticiero/el-faro/pdf/elfaro-20070817.pdf- Performance Standard 2 – Labor and Working Conditions:ACP maintains a constructive worker-management relationship, treats its workers fairly, and provides them with safe and healthy working conditions. Details of how the requirements of this Performance Standard are met are provided below.Human Resource Policy and Management - ACP has detailed Human Resource Policies and often exceeds the Labor Legislation for the GOP (for additional details see: http://www.pancanal.com/esp/legal/reglamentos/personal-compendio.pdf). When the ACP was created, it was allowed to maintain and build on the Human Resource Policies that governed the Panama Canal Commission- PCC (which the ACP replaced). The PCC was a US government organization and the ACP retained its Human Resource policies as a way to retain its staff of many highly qualified workers (see http://www.pancanal.com/esp/legal/law/chap5.html). In compliance with IFC’s Performance Standard 2, ACP is an equal employment opportunity employer. Its Human Resources (HR) policy includes specific provisions on sexual harassment, non-discrimination, fair salaries, obligatory local hiring, recruitment transparency, and health and safety. Other examples of progressive features of ACP’s human resources policies include allowing for administrative leave when employees need to accompany handicapped dependents to medical appointments and allowing employees to donate vacation hours to other employees for humanitarian reasons (for additional details see http://infored.acp/hr/manual/personas-resp-de-discapacitados.pdf and http://infored.acp/os/legales/acuerdos/acuerdo105.pdf and http://infored.acp/os/legales/acuerdos/acuerdo106.pdf).ACP has a Labor Relations Regulation that outlines employee entitlement to lodge a claim in case of work related disagreement and an employee grievance procedure. ACP does not hire workers through unauthorized third parties, such as job brokers, and does not engage any child labor. Panamanian national law provides for non-discrimination and protects freedom of association and collective bargaining. (for more information on Panama’s labor legislation see http://www.leylaboral.com/panama/normaspanama.aspx?item=1868&bd=47). Every three to four years independent studies are carried out among ACP employees to measure the level of commitment and satisfaction. In the last study of Job Satisfaction and Commitment, over 7,000 employees participated.Worker’s Organizations - ACP has reached collective bargaining agreements with all (5) unions involved in Canal operation and construction. Many of the agreements were negotiated with the AFL-CIO acting as negotiator for the unions. Groups represented include: the Panama Canal Pilots; Association of Firefighters; Unidad de Ingenieros Marinos; Empleados No-Profesionales; Maritime/Metal Trades Council (which includes the Sindicato del Canal de Panamá y del Caribe MM&P, ILA, National Maritime Union of America, Panama Area Metal Trades Council, AFL-CIO. The provisions for collective bargaining can be found in ACP’s Labor Relation Regulation (http://www.pancanal.com/esp/legal/reglamentos/acuerdo18.pdf).All contractors are selected in an open bidding process and are contractually obliged to comply with national labor laws. ACP closely monitors contractor’s compliance with contracts. ACP has included the requirement for contractors to submit monthly reports for each project and established a unit of professionals to monitor the development of the Project. Should any contractor breach their contractual agreements or any legislative requirements, ACP has the ability to employ contractual corrective action (for more details on the rules governing contractors please see http://www.pancanal.com/esp/legal/reglamentos/contrataciones-compendio.pdf). Non-Discrimination and Equal Opportunity - The ACP was created with Panamanian Law No. 19 on June 11, 1997 and currently has approximately 9,345 employees. The requirements of the GoP state that 90 percent of all jobs be awarded to Panamanians. All Canal contractors must abide by this. Additionally, ACP must hire 100% Panamanians for its own staff to manage the Canal and the expansion project (any exceptions to this must be justified on a case by case basis). The GoP and ACP are supporting the INADEH (National Institute for Professional Training for Human Development) training centers that help ensure that a maximum number of qualified Panamanians is available for canal expansion jobs and beyond. INADEH has a permanent liaison officer at ACP. According to INADEH, Panama now ranks first regionally for dollars spent per citizen for job training (for more information on INADEH see www.inadeh.edu.pa). Training Panamanians for skilled jobs related to the canal and other large construction efforts is a major way to generate local benefits. Those that end up working for ACP will usually be certified internationally making them much more marketable in the future. Occupational Health and Safety - ACP maintains programs to ensure the health and safety of all employees and contractors. During the construction phase, ACP will require contractors to follow ACPs health and safety policies and procedures according to contractual agreements. Contractors are required to have on-site safety specialists responsible for the direct supervision of the works. ACP assigns safety supervisors for each project component to continually oversee and audit contractor performance. Contractors are required to report to ACP near misses and accidents and to conduct joint investigations with ACP to identify root causes. During the operational phase, ACPs will continue to apply its current occupational health and safety management system which has a set of approximately 28 health and 36 safety norms and procedures covering the range of activities conducted in operational and maintenance activities. Safety related norms cover such aspects as for respiratory protection and prevention of exposure to hazardous materials while safety norms cover a diverse array of aspects such heavy machinery, crane and vehicle operation, fall prevention, underground work, hazardous and non-hazardous materials management, and personal protective equipment. ACP follows an additional 12 safety norms specifically applicable to marine operations and work in floating equipment. A full list of health and safety norms and procedures is available at:http://www.pancanal.com/esp/legal/reglamentos/security/http://www.pancanal.com/esp/legal/reglamentos/security/safety/http://www.pancanal.com/esp/legal/reglamentos/security/industrial/http://www.pancanal.com/esp/legal/reglamentos/security/marine/Performance Standard 3 – Pollution Prevention and Abatement:ACP has developed detailed environmental management programs for the construction and operational phases of the Project to prevent potential negative impacts to all environmental media in the Project area of influence. Details of how the requirements of this Performance Standard are met are provided below.Water Resource Management - The Canal watershed is home to 7% of the of the country’s population, and provides water to one third of the population including the two major cities of Colon and Panama City, which require assured water quality and volume for drinking. The watershed is a hydraulically complex, ecologically diverse natural-artificial managed water resource system composed of many sub-basins, rivers, and dammed lakes. Total runoff across the watershed has been sufficient over the decades to maintain ecological services, provide all the water to operate the Canal, generate electricity for Canal operations, and provide public drinking water. Water Conservation - Consumption of potable water from the Canal system currently is approximately 370 million cubic meters per year and is expected to increase to about 500 million cubic meters per year by 2025. Current consumption for the transit of approximately 33 ships per day is about 2,500 million cubic meters per year and is expected to increase to about 3,440 million cubic meters per year by 2025 with approximately 38 ship transits per day, including both Panamax and much larger Post Panamax vessels. The increased availability of water for both public use as potable water and for ship transit will be only possible due to the water conservation design of the new set of locks and the deepening of the navigation channel and raising of the operational level of Gatun Lake. The design of the new locks includes a series of gravity operated water reutilization basins located along-side the locks which will store part of the water drainage from the locks rather than allowing the water to drain directly into the ocean during lockages. The water reutilization basins will recycle about 60% of the water used in each lockage and will result in consumption of about 7% less water per lockage than the existing locks which is significant considering the substantially larger size and capacity of the new locks. The combination of increased water storage and water saving measures will help ensure the continued sustainable use of water resource and the continued availability of potable water. Additionally, national legislation and ACP by-laws protect the interest of the public by prioritizing the provision of potable water supplies in the event of water shortages due to draught.As part of the project design process, ACP conducted extensive statistical modeling to evaluate the potential availability of water for navigation and potable use during droughts that might occur due to climate change influences within the next 17 years. The data analysis included historical rainfall and streamflow patterns, including three very significant ENSO events (i.e., extreme droughts) which occurred over the last 30 years of operation. Using a 99% confidence interval, the evaluation concluded that sufficient water will be available for both canal operation and potable use for growth in population through the year 2025.Alteration of Aquatic Resources - Baseline assessments of water quality of Gatun Lake and the principal tributaries to the Canal Area have been conducted as part of the environmental impacts studies. Baseline information indicates that their current quality is acceptable for multiple fresh water uses which include public water supply, recreation, and the protection of aquatic life. Water quality in the Pacific and Atlantic canal approach areas and lakes in general is considered apt for the protection of aquatic life. Several activities related to the construction of new locks pose potentially negative impacts to water quality, of a temporary nature and in specific areas of Gatun lake and Canal entrances, mainly related to increases in suspended solids from dredging and excavation and the disposal of these materials into fresh and marine waters due to the dredging of approximately 50 million cubic meters of materials and the excavation of approximately 83 million cubic meters of earth and rock for the entire program. Other identified potential impacts to water quality include the land disposal of dredged and excavated material, the re-routing of two small river systems, potential runoff from land-side construction activities, including construction maintenance yards and field installations, and the slight risk of a potential introduction of sea water into the freshwater system of Gatun Lake after years of lock operations. The environmental management plan (EMP) includes detailed prevention and control strategies for each of the potential sources of impacts to water quality identified. The selection of dredging technologies and techniques have been based on the physical characteristics of the dredged material so as to minimize the loss of dredged material into the water column, the size of the suspended sediment plumes, and the resulting concentration and impacts from suspended sediments. Marine disposal sites for dredged and excavated materials will consist primarily of existing sites which have been in use for this purpose over several decades and whose location has been confirmed by recent sediment plume dispersion models to exhibit low dispersion potential. Fine dredge materials will be covered with coarser materials to prevent their re-suspension and disposal events will be timed to avoid adverse meteorological and water current conditions. Studies and modeling of salt water loads focused on Gatun and Miraflores Lakes and the number of estimated future Panamax and Post-Panamax transits through the Canal on a daily basis at different times of the year reflecting variable conditions of water levels and rainfall. The conclusions are that salt concentrations in the lakes could be very sensitive to the number of Post-Panamax ship transits which corresponds to the number of uplifts of the locks. Although there has been concern regarding water quality conditions and acceptable salinity concentrations for the potable water supplies, when hydrodynamic models are projected out several decades to include the increased ship transits under Project operations there does not appear to be a significant impact due to the introduction of limited quantities of salt water during ship transfer activities (additional information is available in a report titled “Saltwater intrusion analysis for Post Panamax Locks - Water recycling at Pacific side of Canal and salt water intrusion mitigation, WL Delft Hydraulics April 2004). Because of the different scopes of the initial models, ACP commissioned further modeling of Gatun Lake and ship channels to understand better the hydrodynamics of Gatun lake as it relates to the possibility of saline water intrusion. Gatun lake water quality over the 94 years of operation has remained very high, and the hydrology of the system appears to be highly resilient. The new modeling will help them understand why.Landslides and Soil Loss - The EIA process considers that the increase in soil erosion and potential for land slides will be among the most significant environmental issues during the construction phase with the potential to pose a risk to public safety and to negatively impact surface water quality. Nine specific areas most vulnerable to land slides where identified in the baseline environmental assessments along Culebra Cut and its southern portion in proximity to the Miraflores Locks in the Cucaracha sector. The risk of landslides is not new and has been previously identified and managed in relation to channel deepening activities. A landslide mitigation program has been prepared with the support of ACP’s Geotechnical Division to address potential landslides in all areas subject to excavation, widening and deepening of the navigation channels and more specifically high-risk locations situated along Culebra Cut. The program includes a detailed risk-based approach to slope stability management based on geologic characteristics, climate predictions, and vulnerability of the work area used to design site-specific preventive measures benchmarked to a Safety Factor of 1.00. Construction activities are also expected to result in a significant increase in soil loss and sedimentation of surface water bodies, primarily during the rainy season. Baseline soil loss is estimated to be between 20 – 25 tons per hectare per year in the Pacific region of the Canal and 15 – 20 tons per hectare per year in the Atlantic region of the Canal. It is estimated that soil loss rates may increase to between 70 and 77 tons per hectare per year during the construction phase, returning to baseline levels following the application of erosion control measures identified in the EMP and completion of construction activities. The EMP includes specific procedures for soil loss prevention which include installation of temporary and permanent storm drainage systems with sediment traps and use of temporary ground cover until permanent reinstatement of exposed areas with native vegetation is achieved. Dredge and Excavation Materials Management - Baseline assessments of sediment quality of proposed dredging areas have included testing for heavy metals, polycyclic aromatic hydrocarbons (PAHs), polychlorinated by-phenyls (PCBs), and tributyltin (TBT; an antifouling agent used in hulls of ships). Assessment results indicate that whether deposited in land or aquatic environments, dredge materials may be managed as non-hazardous materials as the concentrations of the above-referenced constituents are considered to be below reference environmental standards (Centro de Estudios y Experimentación de Obras Públicas (CEDEX), Recomendaciones para la Gestión de Material Dragado en los Puertos Españoles, 1994). The EMP also addresses potential sedimentation of drainage networks and surface water bodies and potential impacts to water quality from land disposal of dredged and excavated materials. Prevention and controls strategies include the strategic design and placement of materials disposal sites based on an assessment of erosion potential as well as site-specific approaches such as compaction of materials, installation of provisional surface drainage structures, and use of sedimentation traps.The construction of the Third Set of Locks on the Pacific side of the Project has required the excavation and relocation of unexploded ammunition from a former firing practice range used by the United States military since the construction of the original Canal in the early part of the 20th Century. The area affected by the presence of these hazardous materials was the subject of extensive remedial investigations and feasibility studies, the results of which were used to design and build an alternate, secure, excavation material disposal site following the removal of hazardous conditions which eliminated the potential for on-going soil and groundwater contamination and the risk to construction workers during future excavation and earth moving activities. Wastewater effluents - During the construction phase, the principal source of wastewater effluents will be associated with sanitary wastewater from worker service facilities which will be discharged into established sanitary effluent networks connected to wastewater treatment systems via provisional wastewater treatment plants prior to discharging to surface waters. In more remote construction sites, sanitary wastewater management will be supplemented with the use of portable toilets serviced by licensed companies. During the operational phase, the volume of sanitary wastewater effluents will be significantly lower than during construction due to the reduced size of the workforce and will continue to be managed through ACP and public wastewater collection and treatment facilities. Stormwater drainage from construction and operational phase construction and maintenance equipment yards and facilities will be treated via oil/water separators. Wastewater and stormwater effluents during the construction and operational phases will meet local standards and applicable World Bank Group guidelines. Emissions to air / ambient air quality - Baseline air quality information is available due to on-going air quality monitoring activities conducted by the University of Panama over a 10-year period in some areas located in proximity to the project area, complemented by baseline air quality assessments conducted in for the project in 2007 and on-going monitoring activities in the communities located nearest to the project such as Paraíso, Cocolí and José Dominador Bazán. Baseline air quality information indicates that levels of nitrogen dioxide (NO2), sulfur dioxide (SO2), ground level ozone (O3), and particulate matter (PM10) are all below national ambient air quality standards although background levels of PM10 in the Atlantic and Pacific coast areas of influence have nearly reached the national standard (annual average) and SO2 levels in the Gatun locks area is at approximately 75% of the national standard (annual average). An inventory of current emissions sources suggest that over 90% of these pollutants are contributed by ship traffic through the canal which uses high sulfur bunker fuel oils and to a much lesser extent due to the operation of thermal power facilities located adjacent to the Miraflores locks which operate with bunker fuels. Impacts to air quality during the construction phase will be mainly associated with site clearing and earth excavation and movement activities, combustion emissions from the operation of land-based equipment such as tractors and trucks and from the operation of dredging equipment. Other sources of emissions will include point source emissions from small combustion facilities for power generation to be located in the main construction sites, cement mixing facilities, construction materials storage and management, use of explosives, and storage and transfer of fuels. Atmospheric emissions will be prevented as described in the EMP through the implementation of preventive mechanical maintenance of moving equipment, placement of limitations on the age of heavy equipment, and the application of fugitive dust prevention practices such as limiting the speed of transit and/or applying water to unpaved areas, and applying dust prevention practices in cement mixing and construction/excavation materials by limiting the height of fall during loading, transfer and discharge and by covering mixing and storage systems where feasible. Emissions from stationary power sources should meet applicable local standards and IFC’s Environmental, Health, and Safety (EHS) Guidelines. Principal sources of atmospheric emissions during the operational phase will continue to primarily consist of ship traffic followed by the operation of ACP marine equipment (i.e. tug boats) and the Miraflores thermal power plants. Ship traffic is not projected to increase significantly although air quality will continue to be monitored in potentially affected communities to evaluate ongoing compliance with national air quality standards. ACP plans to use all of the waste lubricating oil generated from existing and future equipment such as trucks, dredges and tug boats in the operation of the Miraflores thermal power plants. Potential environmental impacts associated with the combustion of waste lubricants will be evaluated prior to the fuel switchover to consider such issues as emissions of heavy metals. Noise and vibrations - The principal source of noise and vibrations during the construction phase will consist of the use of explosives in some aspects of the excavation activities of the new locks and the operation of materials mixing and construction and dredging equipment. During the operational phase, principal noise sources will continue to be the main sources associated with existing canal operations which include ship traffic and tug boat traffic as well as maintenance dredging activities. Background noise levels in some of the residential areas monitored during the baseline noise assessment are already above the World Bank Group Guidelines. This is due to ongoing port and commercial activities taking place in the surroundings which include cargo and passenger train and vehicle traffic, together the construction boom flourishing in Panama city mainly. Project related activities during the construction and operational phase should be maintained within the World Bank Group’s incremental guideline value (not result in an increase of more than 3dB of background levels), especially respecting nighttime noise levels in residential areas. Waste Management - ACP’s hazardous and non-hazardous waste management programs are based on the principles of reduction, reuse and recycling of all materials used in construction to the extent possible, maintenance, and administrative activities. This programmatic approach will be applied to the construction and operation of the Project. During the construction and operational phases, hazardous waste materials will consist primarily of machine and equipment maintenance products such as waste lubricating oils, spent cleaning solvents, empty paint containers, and other maintenance wastes. As described in the environmental management plan, these materials will be stored in closed containers and in designated areas in construction camps for subsequent management and disposal by properly licensed external companies. ACP is currently planning to use waste lubricating oils, including the incremental amounts from the operation of tug boats associated with the new locks, as supplemental fuel in the Miraflores thermal power facilities. During the construction and operational phases, non-hazardous solids wastes which can not be reused or recycled will continue to be disposed of at the regional municipal solid waste disposal landfills located in the Pacific and Atlantic sides of the Canal area. Hazardous Materials Management - The construction and operation of the new locks will not require the use or storage of significant quantities of hazardous or potential hazardous materials except for the storage of fuels for supplying heavy equipment in construction sites or the use of limited amounts of cleaning solvents in construction site workshops. However, all physical facilities in the canal, including locks, piers, berthing areas, buildings, dams, reservoirs, hydro and thermal generators, transmission lines, in water canal service equipment and machinery, as well as land vehicles, heavy equipment and machinery follow standard procedures for storage and handing of hazardous materials. Hazardous materials data sheets are posted as required by Panamanian and US equivalent regulations. All contractors are required to develop and follow risk prevention and contingency plans to contain and protect combustible and hazardous materials, establish fire contingency and spill plans and conduct appropriate drills. All contaminates, lubricants, and chemicals are to be stored, labeled and protected according to ACP standards. Explosives are transported, stored and handled only by pre-qualified and designated professionals and follow strict protocols. During the Project construction phase, the use and storage of hazardous materials also will be managed as described in the relevant sections of the EMP. Perhaps more significant will be the storage, transport and use of explosives during the construction phase which will be performed following a very rigorous explosives management program based on the norms and procedures published by the Institute of Makers of Explosives (http://www.ime.org/), applicable occupational health and safety standards of the United States, Occupational Health and Safety Administration (OSHA; 29 CFR 1926 - Subpart U - Blasting and the Use of Explosives), and applicable standards from the United States Army Corps of Engineers (Section 25 – Blasting, EM 385-1-1). Additional details are provided in the EMP (Chapter 8, Category III EIA, 2007). Some of the containerized transit cargo passing through the Canal (less than 1% of the total throughput) is considered to be hazardous under the International Maritime Code (IMC). This material includes flammable gases, poisons, flammable liquids, corrosives, reactive and spontaneously combustible substances, oxidizing substances, and at times radioactive material. Containerized hazardous cargo is identified for each vessel so that the transit inventory is monitored continuously. Contingency plans for spills, contamination, combustion and containment meet MARPOL requirements. Ballast and bilge waters are prohibited from being discharged in the Canal Area and ballast waters can only be purged in international waters. Energy Efficiency - During the 6-year construction phase beginning in 2008, the project is projected to consume 80 million gallons of light diesel oil, primarily in construction related transport, earth moving, and dredging equipment. The estimate assumes 6.7 million gallons during the first year, 20 million gallons during the second and third years, 13.3 million gallons during the fourth and fifth years, and 6.7 million gallons during the last year (2013). During the years with the highest rates of use, project consumption will represent approximately 10 percent of Panama’s total national fuel consumption. The principal source of fuel consumption will be associated with the operation of materials transport and other heavy equipment, including excavation and dredging activities, as well as the operation of small electric power facilities with an expected total capacity of 18 MWe (required for the operation of chillers in concrete pouring activities). Fuel consumption will be minimized through preventive maintenance of transportation and construction equipment and the placement of limitations on the age of moving equipment used by contractors. The operation of the existing locks results in the consumption of approximately 2,750,000 kWh per month. ACP has included energy efficiency requirements in the design of the new locks which, as a result, will only require about 1,200,000 kWh or about half of the energy consumed by the existing locks. ACP will also continue to implement a 10-year old energy conservation program which includes specific activities for fuel conservation in land and water based equipment and electric energy conservation in administrative and service buildings, extending this program to future equipment and buildings associated with the new locks. ACP currently generates a total of 60MWe from two hydroelectric power plants consisting of 24 MWe Gatun facility and the 36MWe Madden facility. The energy produced from these two sites is sufficient to meet current and future lock operations. ACP produced an additional 110MWe of electricity from the Miraflores thermal power generating facilities, including 55MWe from steam boilers and 55MWe from diesel engines. Excess power capacity is sold to the public grid and captive users, resulting in additional yearly revenues of US$150 million. Greenhouse Gas Emissions - The construction of the Canal expansion will require the consumption of approximately 80 million gallons of fossil-derived hydrocarbons (as described above), primarily for the operation of excavation and construction equipment by project construction contractors resulting in approximately 800,000 tons CO2Eq for the construction phase over a 6-year period (approximately 135,000 tons CO2eq per year). The operation of the third set of locks will include the consumption of approximately 3,200,000 gallons of diesel fuel per year for the operation of tug boats and other supporting marine and land-based equipment, resulting in an approximate emission of 33,600 tons CO2eq per year. Electricity supply for consumption associated with the new lock operations will originate from hydroelectric generation assets as described above and will therefore not result in indirect emissions of GHGs. ACP has identified the potential for the reduction of GHG based on the fact that the expanded canal is both shorter and less fuel consuming per unit of cargo than others routes (see Plan Maestro http://www.pancanal.com/esp/plan/documentos/plan/acp-plan-08-aspectos-ambientales-y-sociales.pdf). As a result the use of the expanded Panama canal route will result in less use of fuel per unit of cargo and as a consequence less emissions of CO2 will be produced. The Third set of Locks will allow the transit of vessels that otherwise would have to take longer routes (Suez or Cape of Horns) reducing distance and fuel consumption. Also by capturing cargo that would move through alternate routes that include modes of transportation that are more fuel consuming by ton of CO2 by km (truck or rail) and by stimulating the construction of more efficient vessels, the expanded canal will help reduce fuel consumption and thus reduce emissions. ACP is reviewing all routes with potential savings to finish a comprehensive analysis of total GHG reductions. In a 2008 internal study, ACP estimated that the expanded canal will indirectly contribute to a reduction of 3.41 million tons CO2Eq in 2015; 9.79 in 2020 and 14.92 in 2025. Land conversion and vegetation removal activities will affect approximately 1,866 hectare (ha) primarily consisting of grassland but including scrub, secondary growth intermediate forest, and a small proportion of mature secondary growth forest and mangrove (33.47 ha). This conversion will result in the loss of approximately 54,590 ton CO2Eq carbon capture capacity which represents less than 1/10th of 1 percent of the carbon capture capacity of vegetation cover in Panama. Emergency Preparedness and Response - The EMP for the construction phase of the Project include detailed risk prevention programs addressing physical, chemical, and biological hazards as well as the associated emergency preparedness and response plans detailing plan requirements and assignment of roles and responsibilities within ACP’s Project management organization. The EMP also includes a detailed contingency plan for contractors. All contractors on the project are required to have Contingency Plans that are reviewed by qualified staff in the Operations Department. Furthermore, highly skilled and trained ACP staff are designated as safety officers for the new contracts, conducting regular review of contractor documents, procedures and field activities. Standard non-compliance reports are issued and immediate action requested by the ACP oversight staff. All contractors will have designated HSE officers on site with direct communication to appropriate ACP emergency oversight expansion project officers to respond to all emergencies during construction. ACP will adapt its existing emergency preparedness and response program to the Project operational phase. This program will be administered and implemented by the Maritime Transport Division of the Operations Department. The major units cover fire fighters, canal security and emergency response. The ACP has established procedures, trained personnel, and equipment in place for responding to emergencies, including fire, chemical spills and mishaps, accidental release of petroleum products, and medical emergencies. The response is based on international standards classification across three tiers of crisis. Currently, the ACP can respond, handle and contain Tier 1 and Tier 2 emergencies, and has in place contracts and agreements with outside responders (Clean Caribbean and the US National Response Team) for Tier 3 situations. As of 2007, the ACP had acquired the appropriate equipment and trained its emergency response staff to meet US Coast Guard port facility standards. There is an active incidence history data base.An overall Canal Emergency Action Plan provides:
- periodic training of employees, schedules for drills;
- spill recordkeeping requirements;
- procedures for conducting annual “area threat analyses”;
- description of the Emergency Response Organization;
- documentation and reporting requirements for each transit vessel;
- emergency equipment inventory;
- a response agency directory; and
- internal and external emergency communications plans (http://www.pancanal.com/eng/projects/ctan.html).
An incident command center is equipped and maintained by ACP to handle all emergencies and there are in place protocols to include key stakeholders and participants from GOP agencies, regional authorities and US security forces. The ACP links very closely to the National Police and Panama Maritime Authority and several other organizations to form the National Response Team so that emergency events outside the Canal Area that affect transit vessels and adjacent population centers can be contained.
Other innovative measures include a Fire Extinguishing Foam System at Gatun, Miraflores and Pedro Miguel Locks that provides an automatic response for spill and fire emergencies originated by inflammable substances. The Panama Canal Shipboard Oil Pollution Emergency Plan (PCSOPEP) details response measures for accidental spills and containment and meets international standards. The ACP issued Advisory No. 30-2003 for all vessels transiting the Canal requiring this plan:
www.pancanal.com/esp/maritime/advisories/a-30-2003.html
Pesticide Use and Management -
The successful, uninterrupted, operation of the Project will require the continued use of an integrated pest management (IPM) program to address the spread of invasive aquatic vegetation with interferes mainly with the operation of small water craft (refer to section below in PS6 on invasive alien species). ACP has been implementing the IPM program since 1998, maximizing the use of mechanical means for aquatic vegetation removal and reducing the amount of chemicals used in aquatic vegetation controls by one half by the year 2000. Principal problem areas include the mouth of the Chagres River ands channels leading to the lighthouses of Gatun Lake.
- Performance Standard 4 – Community Health and Safety:
The ACP maintains close control of the Canal area and extends its administration and coordination for the Canal watershed in coordination with other national organizations. Overall, the ACP adheres to a number of important port and harbor operating practices including addressing potential risks and impacts to the affected adjacent communities from project activities. All project components have specific contract clauses that ensure the health, safety and security of communities adjacent to the Canal and within the Canal watershed. The ACP has maintained an extensive communication program that reaches out to all citizens and targets communities living within the Canal watershed. The expansion project will not impact the security of the local populations since all the construction is in the boundaries of the Canal area and there will not be any influx of a large construction workforce that would need to be housed in local communities or construction worker camps.
Infrastructure and Equipment Safety -
All project structures have been designed in accordance with internationally accepted engineering standards for structural integrity that account for the geomorphologic conditions of the canal. During construction, measures are defined to confine use of heavy equipment, drilling machines, explosives and dredging barges to restricted areas that are guarded and secure from civilian traffic. All construction is monitored and will be supervised by both ACP and contract management staff. Contract clauses identify safety provisions for use of all heavy equipment and vehicles and require proper signage and traffic.
Navigation Safety -
ACP operates a highly efficient and state of the art ship transit system, SIMAT, or EVTMS (English acronym) for Enhanced Vessel Traffic Management System. This provides for instant location via satellite tracking and GPS of all ships approaching, anchored and passing through the Canal. Combined with CTAN, the communication, traffic and navigation system of the canal, all ship traffic has instant and real time access to location, speed, direction and various modalities of communications for regular and emergency needs. A CTAN system covering all locations at and adjacent to the canal keeps surveillance of all canal operations, all traffic along the canal as well as the berthing and tie up facilities in and around the canal area. The ACP is responsible for both approaches to the canal on the Atlantic and Pacific sides and coordinates with the Panama Maritime Authority to ensure safe transit in near coastal international waters.
The third lock system will use tugs to move the ships into position, instead of the locomotive track system now in use. These tugs are all under operation today with licensed captains and highly trained crew.
Security Personnel Requirements -
The ACP has made major investments to improve security and reduce the risk and vulnerability of its facilities. These investments include expanding the Canal''s electronic monitoring and tracking systems and improvements in computerized systems and collecting data from all ships that arrive in Canal waters. The ACP implemented an Automatic Identification System (AIS) to identify and tracks all vessels before they enter Canal waters and during their transit. An additional 24-hour Security Control Center has been established for incident and emergency management, which allows for internal Canal security personnel to work jointly with the national police and civil protection entities. Enhanced postings and patrols along the Canal and its reservoirs have increased security. Also, the ACP has expanded equipment such as launches and specialized vehicles for patrolling, alarm systems and additional closed-circuit television for existing Canal areas. Expert security consultants regularly review and evaluate potential risks and the ACP continuously upgrades its security provisions. Following guidelines of the ISPS, the ACP security forces regularly undertake joint strategic planning and emergency drills with key national agencies such as the national police, army, fire brigades and hospital emergency staff. There is also a multi regional security response drill that includes military assistance by the US, which is conducted annually.
ACP has a separate department to deal with Security and Emergency Response which is in turn divided into five specialized units. Two of the specialized units are dedicated to security work (protection of canal property, external liaison with outside security and other entities (such as Panamanian police, etc) as well as inspecting ships for hazards that may be transported through the canal. Three other specialized units deal with emergency response for a) spills, b) fires- a dedicated fire department, and c) hazmat. The force is 100% Panamanian and receives extensive training, including how to relate to the public in a sensitive manner. Security personnel are employed by the ACP and undergo complete security clearance and background checks. Those personnel carrying firearms receive annual training and briefings on public and personal safety and participate in periodic security drills replicating potential threats and attacks on the facilities. Written protocols are provided to security staff as part of their annual training including instructions and guidance on stages of readiness and engagement with public and unlawful actors. Clear instruction are provided and reinforced regarding when and how to coordinate with local law enforcement authorities (National Police).
- Performance Standard 5 – Land Acquisition and Involuntary Resettlement:
Although the expansion project does not involve the flooding of natural areas or significant physical displacement of local populations, going forward ACP intends to operate the system at its technical maximum water level, which is 45 centimeters above its current operating level, to take full advantage of the original 1914 design. And even though signs exist marking this maximum water level, over the years a few individuals have constructed buildings, sheds, and piers that extended beyond the demarcated high water mark and thus may be affected by this operational change. These potential impacts were identified during the EIA process.
In 2006 and 2007, physical baseline surveys were carried out, and the EIAs prepared for Canal expansion specifically identified those areas where buildings and docks might be affected by the rising water levels. The descriptions and photos in the EIA already indicate that the impacts will generally be minor in nature, with water covering part of a wooden dock or reaching the edge of a porch. Only nine structures are expected to be affected by the water level increase of 45 centimeters. Neither livelihoods nor crops should be affected. The main economic activities in the area include sport fishing and lake tourism. As part of the environmental assessment process, the EIA included an Social – Environmental Management plan with a brief section addressing potentially affected properties in the shores of Lake Gatun.
ACP will conclude any process of compensation or impact avoidance well in advance of the lake level rising by 45 centimeters, which is expected to happen by 2011. ACP will complement the existing management plan with a more detailed Social – Environmental Management plan that will include an updated baseline survey of potentially affected properties. ACP has prepared a Terms of Reference (ToR) for contracting of a highly qualified consultant to conduct the detailed baseline survey and develop a compensation matrix that will comply with IFC Performance Standards. The bid will be announced during August 2008 on the ACP services procurement website at: http://www.pancanal.com/esp/ampliacion/licitaciones/index.html. Following the baseline survey, the detailed Social – Environmental Management plan will be completed by the end of 2008. This plan will include principles and objectives of the compensation, summary of census survey information describing those affected, descriptions of the proposed compensation options and methods for evaluating affected assets, a schedule of consultations with the affected owners, description of the specific grievance process, monitoring of implementation, a completion audit, timetable, and a proposed budget. The updated plan and implementation guidelines will be published upon completion on the ACP website (http://www.pancanal.com/esp/ampliacion/esia/index.html).
Additionally, ACP is nearing completion of negotiated settlements with 8 families who occupied 4 duplex houses that need to be removed for construction of the third set of locks in the Atlantic side of the Project. The houses were originally built over 10 years ago, under the PCC administration, by a contractor for its employees. The houses, which were abandoned rather than decommissioned at the completion of the contract (as was originally planned by PCC), were subsequently informally re-occupied by former staff and, over time, their relatives and friends who continued to reside there at no cost. Legal efforts by PCC (and then ACP) to vacate and decommission the structures were repeatedly ignored by its occupants. ACP conducted a survey of the 8 families in 2007 to ascertain their socioeconomic status. The survey concluded that all families consisted of professionals and skilled workers and that none could be considered poor landless squatters, that they had not made any improvement on the structures or land, and that their livelihoods would not be adversely affected by their resettlement. ACP and the families are currently in the final stages of implementation of a mutually acceptable settlement to vacate the properties and about half of the residents have already complied. The negotiation process concluded on February 28, 2008 with a mutually acceptable settlement which included the residents’ acceptance to leave the houses by the end of May, 2008. The settlement consists of a one-time, lump sum, payment to cover the cost of moving to a new location and taking into consideration the number of years each family lived in the area. An ACP Completion Audit will be conducted by an independent auditing firm approximately six months after completion and the results of this audit will be included in a bi-annual report as part of the independent report on the efficiency of the mitigation measures identified in the Category III EsIA EMP, as required by ANAM.
- Performance Standard 6 – Biodiversity Conservation and Sustainable Natural Resource Management:
More than half of the Canal watershed is covered in forest, much in large contiguous blocks, and there remains a nearly unbroken band of forest connecting the Atlantic and Pacific Oceans. The forest is mostly in two large blocks, one east of Lake Alhajuela and one along the Canal. The area between the two is a patchwork of forest fragments. Two-thirds of the forest, 108,000 ha, is protected within the three national parks and one natural monument. Most of the remaining forest is along the west side of the canal, on land that was used by the US military until the year-2000 and which is also protected. The forests protect the water supply, support fisheries and conserve the high species diversity of the region.
Protection and Conservation of Biodiversity -
The EMP includes a detailed biodiversity protection program addressing such aspects as the protection and control of vegetation cover; forest potential; habitat; wildlife disturbance; wildlife collisions; illegal hunting; wildlife loss; alteration of aquatic ecosystems; and potential impacts to protected areas. The EMP further describes a detailed plan for the rescue and relocation of wildlife in the project affected areas. The removal of trees at all project sites will be offset by reforesting an area double the size of that removed. Neither the long standing protected research habitat of Barro Colorado Island, now a national monument, nor the Soberania National Park which acts as a buffer to the Canal area will be affected by the project.
The construction of the new locks, the dredging, deposits of dredge material and activities on each entrance to the canal will not create significant threats to the marine, aquatic or terrestrial ecosystems and associated fauna and flora of the Canal area and Canal Watershed. Marine dredging and dredge / excavated materials disposal activities will be primarily limited to sites which have already been in use for maintenance dredging disposal over several decades. Studies conducted in support of the EIA have modeled the dredging effects on the Atlantic side and impacts of ocean currents and tides as well as wind effects to determine if there would be any significant impacts under various scenarios of dredged and excavation materials disposal in marine environments. The results of sediment suspension and transport models to evaluate construction and operational phase impacts indicated that there would not be any significant impacts to aquatic environments such as coral reefs and mangroves. The potential for sediment suspension and transport in the marine environment have been carefully studied and considered in the selection of the dredging and materials disposal technologies and techniques as well as the selection of disposal locations as described in the section on Performance Standard 3 – Pollution Prevention and Abatement. Potential impacts to aquatic and coastal ecosystems due to accidental oil or hazardous materials spills during the Projects operational phase are being addressed under the emergency preparedness and response plans described elsewhere in this summary.
Invasive Alien Species -
ACP has a water hyacinth control program that contains this alien species in the navigational channel as it is found along fresh water bodies in adjacent streams, ponds and lakes. This program utilizes physical (boom barriers), mechanical (collecting, shredding burning) and chemical measures for control (pesticide use is described in the relevant section in PS-3). To date this pest has been kept out of the Canal transit areas. Another topic is the introduction via transit vessels of aquatic and marine species that are not endemic to the region that have the potential to cause degradation and/or decline of native species. The regulations prohibiting ballast discharge and close structural surveillance (including underwater imaging) have served to prevent such occurrences to date. Years of research on the status of fish and other species crossing from each of the two oceans into the Canal and colonizing new areas have indicated that there has been no threat to native species. An invasive alien grass of the sugar family, Saccharum spontaneum, has been present in the Canal area for many years. In an effort to cure this matter, ACP mitigates this matter by replanting, in clear areas, other species surrounding completed works. This is also the case for the new locks projects, which in essence replaces large expanses of land currently covered by this grass.
- Performance Standard 8 – Cultural Heritage:
Several limited areas of pre-Colombian and historical archeology and paleontology have been identified where construction activity is planned (http://www.pancanal.com/esp/ampliacion/estudio-ambiental/cap-06.pdf, pages 81-103). Because archeological remains are typically found in surface soil layers and fossils in much deeper layers, ACP has taken two different approaches toward successful implementation of each recovery effort.
Pre-Construction Archeology Rescue Plan -
Since 2004, two archaeological surveys of the Canal expansion area have been undertaken. Based on the results of these surveys, an archeological rescue program led by archeologist, Dr. Julia Mayo was completed in 2007. This effort sought to recover anything of archeological importance prior to construction.
Paleontological Rescue Plan -
The internationally-recognized Smithsonian Tropical Research Institution (STRI) was selected by ACP to manage the Paleontology rescue program. This rescue work represents a once-in-a-lifetime opportunity to better understand the unique geology and fossils of the Isthmus of Panama. The potential fossil-rich layers have been mapped and when they are reached in construction, the STRI team will be mobilized to accompany the work on site and salvage fossils of scientific importance that might be unearthed.
Construction Chance Find Protocol -
A detailed chance find protocol will be included as part of each construction contract. The basic requirements for these accidental discovery procedures are already found in the EMP. A copy of the procedure is available at: http://www.pancanal.com/esp/ampliacion/esia/proc-rec-culturales.pdf. In the case of a chance find, activity will cease and the area will be marked as off-limits for work until designated cultural heritage representatives arrive and appropriate treatment is defined. It is ACP’s policy that no worker may possess or remove archaeological or paleontological remains from the project area. A monitoring protocol will report and record any chance finds. Contractors will not be allowed to undertake works outside the project-defined footprint.
The Cultural Heritage and Paleontological Management agreements have been signed by the National Institute of Culture (INAC). The agreement was signed on 22 March 2007. Several museums (including the Canal Museum and the Canal Visitors Center) are being considered by INAC as final custodians of the finds.