PS1 Social and Environmental Assessment and Management System
Social and Environmental Assessment: An EU-financed Feasibility Study carried out in 2004 by a reputable international consulting firm identified the Eastern Bypass as the optimal solution for alleviating traffic congestion in Podgorica. The EIA, which was part of the Feasibility Study, assessed the following environmental issues: geology and soils, surface and groundwater, air quality, noise, flora and fauna, landscape and visual impact and cultural heritage. The EIA went through two public consultation meetings during September-October 2004 and issues on expropriation of property, noise impact and pedestrian safety were raised and incorporated. The main conclusions of the Assessment were that (i) limited public and residential buildings will be affected by the project; and (ii) the project will have a moderate adverse impact in the project area, whilst producing a significant overall improvement to living conditions in the city centre. In addition to this EIA, at the time of construction of each section of the Bypass a separate operational segment EIA was drafted to assess the potential risks during the construction and operations containing site specific EHS aspects, potential impacts and mitigation plan. Drafting of such operational EIA for the Section I is in the process and will be completed soon as a precondition for obtaining the construction license for the Section.
Management and Monitoring Programs: The City has developed its Environmental Management Plan for the period 2010–2014, which serves as guidance for development of all other projects at the City level including the Bypass project. The City management, its Secretariats and Agencies are managing and monitoring the works on the Bypass through established procedures and management plans. A mitigation measures identified in EIAs are adopted in the final project design for each Section including specific environmental, health and safety management improvements, site management plan, emergency response and hazardous material/waste management plans.
Organization and Training: The City Secretariat for Planning, Development and Environmental protection is in charge of the overall management of EHS aspects of any project but day–to–day management is the responsibility of the project management contractor. The contractor is providing oversight for contractors’ training to assure that the workers have the skills to perform their activities in a safe, healthy and environmentally responsible manner. All new contractors receive an EHS induction prior to starting work, a work-site orientation and on-the-job or formal training prior to being assigned a job. The Company requires that contractors and sub-contractors provide proof of certification that their workers are competent to do their jobs safely.
PS2 Labor and Working Conditions
This is an infrastructure project and will thus have no permanent workforce. Construction workers are employed by contractors on behalf of the Municipality. Once the next phase of construction starts roughly 200 construction workers will be present on site. Once the development is completed direct employment opportunities will be associated with maintenance requirements of the Bypass. Due to a shortage of qualified construction workers in the region, it is anticipated that migrant labor, primarily from Serbia and Bosnia, will form a significant part of this construction workforce. Recruitment will be in accordance with relevant laws concerning the use of migrant labor.
Human Resources Policy and Procedures: The City has a limited presence on site through representatives of the different Secretariats, Agencies and Inspectorates that are responsible for monitoring of the work on the Bypass. These representatives are engaged with contractors to provide project management and oversee construction. Labor and working conditions are stipulated in legal documentation provided to contractors by the City; specifically, Contractors must abide by Montenegrin Labor Law which articulates provisions regarding rights of association and collective bargaining, the use of child labor, the use of forced labor, discrimination in the workforce and workers’ rights.
Occupational Health and Safety:
The City defers this responsibility to the contractor(s). Construction safety management is the responsibility of the project management contractor who has to ensure that each sub-contractor submits, at the tender stage, proof of its good OHS practices in order to be shortlisted for the work. Sub-contractors are required to prepare a work method statement for all activities (e.g., demolition, excavation, electrical work, welding), specifying how to reduce or eliminate potential risks. The method statements and permits to work are signed by the construction management in advance of the relevant activities. Safety induction meetings are regularly conducted, and incident statistics maintained. A site management plan, safety & health plan, including emergency response and hazardous material/waste management plans are obligatory under national OHS law. Health and safety advisors have been appointed and are present on the construction site during working hours. The Contractor has to commit to provision of workforce accommodation through the development of on-site or off-site accommodation so as to minimize impacts on the local housing market and more generally the local population. These activities have to be conducted in compliance with relevant laws and best practice according to the requirements of PS2.
PS3 Pollution Prevention and Abatement
During the construction phase the City through its main contractor will ensure that the project is developed according to good industry practices. This will include establishment of the construction site with all amenities and temporary facilities for the workforce and to provide for safety and health at the site..
Pollution Prevention:
- Wastewater: Wastewater from the construction site, maintenance facilities and from rest areas will be discharged either to the city sewer system or may include use of properly designed and operated septic systems.
- Storm Water Management: Podgorica has an average monthly rain fall of 134 mm/m2 or 1600 mm /m2 annually concentrated in autumn and spring, when heavy rains of 600 mm can cause flash floods bringing high sediment. Construction or widening of paved roads increases the amount of impermeable surface area, which increases the rate of surface water runoff. High rain flow rates can lead to stream erosion and flooding and may contaminate soil with oil and grease, metals (e.g. lead, zinc, copper, cadmium, chromium, and nickel), particulate matter and other pollutants released by vehicles on the roadway. In order to prevent and mitigate potential negative influence of these elements the Bypass design includes the construction of storm water collection system and oil/grease traps.
- Solid Waste Management: Solid waste is generated during the construction and maintenance of roads and associated structures and this may include road resurfacing waste (e.g. removal of the old road surface material); road litter, illegally dumped waste, or general solid waste from rest areas; animal carcasses; vegetation waste from right-of-way maintenance; and sediment and sludge from rain fall drainage system maintenance (including sediment traps and oil / water separation systems). Management of the waste during the operations will fall under the maintenance contractor/street sweeping utility which is part of the City Utility Department.
- Air Emissions: The main sources of air emissions during construction will be construction machinery including back-up diesel generators. Low sulfur content will be part of supply criteria for the diesel fuel.
- Noise: Although noise impact was assessed to be limited, for the construction phase the contractor will develop procedures to control ambient noise at nearest receptors through selection of adequate low-noise producing land-based equipment, including compressors, generators, ventilation and air conditioning units. There will not be night-time construction activities. Traffic noise during the operations is generated by vehicle engines, emission of exhaust, aerodynamic sources, and tire/pavement interaction. If the maximum allowable speed will be set for over 90 kilometers per hour (km/h), the City has to introduce management practices to prevent, minimize and control noise. These practices include consideration of noise impacts during road design to prevent adverse impacts at nearby properties through the placement of the road right-of-way and/or through the design and implementation of noise control measures. Considering the existing location of the section I and IV noise control measures may include noise barriers along the border of the right-of way (e.g. walls, and vegetation), insulation of nearby building structures (typically consisting of window replacements), use of road surfaces that generate less pavement/tire noise such as stone-matrix asphalt (SMA). SMA is one of several alternative surfaces that can be used in new roads or as surface treatment in existing roads to provide a quieter surface.
- Dust: The principal source of airborne dust pollution during construction will be equipment operating on site. Potential risks are higher in summer as the traffic flows in the direction to the Adriatic coast increases by at least three times the average as compared to the winter period. A construction management plan will be in place to manage the movement of construction vehicles and it will include information on the volume, type and routing of construction traffic and outline the measures that will be adopted to minimize its impact, such as details of diversions needed during the construction period, signage, and maintenance of accesses to properties. Specific measures will be designed for contractor management, with specific focus on truck fleet maintenance, cleaning/washing tires prior to the entering the road in use by public transport and driving behavior and training.
Resource Conservation and Energy Efficiency:
- Potable Water: Potable water will be supplied at the construction site by the City Water utility that will provide security in water supply, without impacting potable water availability for affected neighborhoods.
- Power supply: The principal energy source during the construction and operation phase will be the local grid (Elektrodistribucija), which will potentially be backed-up with on-site diesel generators.
- Hazardous Materials Management: As part of the contractor’s construction management plan a hazardous materials management procedure will be established during the operations phase for appropriate selection, purchasing, storage and handling of fuels and chemicals which will be used on the site. Fuel storage will be fully contained and spill response equipment will be present on site. The Contractor will prepare a fuel management plan and a spill control, prevention, and countermeasure plan as a specific component of their Emergency Preparedness and Response Plan.
- Greenhouse Gas Emissions: GHG emission is calculated based only on fuel used for annual maintenance of the section of the Bypass that is subject to IFC financing ( approx 5,3 km) and electric energy spent for the illumination. In total approx 120 tons of CO2/year will be emitted.
PS4 Community Health, Safety and Security
Community Safety:
Aspects of community safety are regulated by several laws including Law on Traffic Safety, Law on Noise protection, and Law on Emergency Preparedness and Response. As part of the main construction design a separate procedure on Fire protection has been drafted, which is designed in compliance with Montenegrin Codes and applicable European Norms. The most significant community impacts are likely to result from construction road traffic involving heavy machinery, loaders, bulldozers and trucks and transport of raw materials and construction waste to and from site. These will be limited by driver training and design of routes and are not expected to be significant. Engineering controls incorporated into the main design, such as a construction management plan, should limit the impacts of these activities on communities. The Company will provide an on-site emergency response team.
During the operations phase the most important community safety considerations will be pedestrian safety, traffic safety and emergency response. Pedestrians and bicyclists are at greatest risk of serious injury from collisions with moving vehicles. During 2009 there were 28 traffic fatalities on the territory of Podgorica, Tuzi and Golubovci municipalities. The Bypass design includes the following features that should help prevent accidents: (i) provision of safe corridors along the road alignment and construction areas and safe crossings) for pedestrians and bicyclists during construction and operation, (ii) installation of barriers to deter pedestrian access to the roadway except at designated crossing points, (iii) installation and maintenance of speed control and traffic calming devices at pedestrian crossing areas, (iv) installation and maintenance of appropriate signs, signals, markings, and other devices used to regulate traffic, specifically those related to pedestrian facilities or bikeways. To prevent, minimize, and control risks to the community from traffic accidents the Project will have signage, markings, and other devices to regulate traffic, including speed limits. Emergency situations include accidents involving single or multiple vehicles, pedestrians, and/or the release of oil or hazardous materials. Road operators will prepare an emergency preparedness and response plan in coordination with the local community and local emergency responders to provide timely first aid response in the event of accidents and hazardous materials response in the event of spills.
Podgorica is located in seismic Zone IX which is the highest zone as allowed for in the Euro code. Therefore special attention has been given to seismic loads during the analysis and the design of the structural elements, including the foundations. Structural design for bridges, underpasses, and other structural elements is carried out in accordance with the requirements of Euro-code 8.
Security: During the construction phase site access control and security procedures will be in place. Security services are subcontracted and managed by an established security service provider that has formal procedures and codes of conduct that dictate the conduct to be maintained in all situations. This is not deemed to be a significant risk to communities in Podgorica.
PS5 Land Acquisition and Involuntary Resettlement
The Project will lead to the economic displacement of 94 households and 20 businesses, and physical displacement of 3 households. One Military property is also affected. The majority of this displacement (80 households and 9 businesses) is associated with construction of Section I of the Bypass (currently underway), whilst the remainder is associated with Section IV (completed). Construction of Section IV entailed acquisition of 6,010 m2 of land and 259 m2 of buildings; construction of Section I involves acquisition of a total of 17,600 m2 of land and 580 m2 of buildings.
Land acquisition is being planned and implemented according to the Montenegrin Law on Expropriation and following the principles of the Vienna Declaration on Informal Settlements in Southeast Europe, to which Montenegro is a signatory. The Declaration aims to promote and protect human rights. This is important to mention as the City has to deal with a number of illegal settlers for which it has a responsibility under the Viena Declaration to implement a socially responsible expropriation strategy. The City has developed detailed expropriation plans for each Section containing the list of affected households and the area of land and buildings subject to expropriation.
Compensation payments by the City have been based on market value and have been negotiated settlements in the vast majority of cases. According to discussions with a sample of affected households, prices offered by the Municipality have often been somewhat higher than market prices. In addition to compensation payments, affected households and businesses have no legal recourse to additional assistance. In practice, the City has offered various types of assistance to businesses (e.g. provision of permits for commercial activities in alternative locations) and individuals (e.g. moving allowances), though in the latter case this has been negotiated on a case-by-case basis and project-affected households have not been formally notified of the availability of such assistance.
True (non-negotiated) expropriation has only been exercised in the case of one household to date, in which the courts will determine the outcome of the process. In additional, six small illegal business activities located in Section I of the project have had to be removed and the owners are not entitled to compensation. Negotiations are underway in relation to the three households requiring physical displacement, and it is anticipated that these cases will be dealt with via a negotiated settlement involving compensation payments linked to purchase of alternative housing and any associated relocation costs.
According to the City there have been no significant issues or concerns raised to date vis-a-vis implementation of the land acquisition and expropriation process for the Bypass, though the acquisition process is still underway for Section I. There is no formal grievance mechanism in place, due to the fact that expropriation is the legal mechanism for land acquisition associated with this project. In practice, however, project affected persons can contact/visit the Property Directorate at any time during the process.
