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Environmental and Social Monitoring Report Number 1: Semestral Report March 2014 Tonga: Nuku’alofa Urban Development Sector Project Prepared by National Spatial Planning Authority Office, Ministry of Land, Survey & Natural Resources for the Ministry of Finance, Kingdom of Tonga and the Asian Development Bank. This environmental and social monitoring report is a document of the borrower. The views expressed herein do not necessarily represent those of ADB's Board of Directors, Management, or staff, and may be preliminary in nature. In preparing any country program or strategy, financing any project, or by making any designation of or reference to a particular territory or geographic area in this document, the Asian Development Bank does not intend to make any judgments as to the legal or other status of any territory or area.

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Environmental and Social Monitoring Report Number 1: Semestral Report March 2014

Tonga: Nuku’alofa Urban Development Sector

Project

Prepared by National Spatial Planning Authority Office, Ministry of Land, Survey & Natural

Resources for the Ministry of Finance, Kingdom of Tonga and the Asian Development Bank.

This environmental and social monitoring report is a document of the borrower. The views

expressed herein do not necessarily represent those of ADB's Board of Directors, Management,

or staff, and may be preliminary in nature.

In preparing any country program or strategy, financing any project, or by making any

designation of or reference to a particular territory or geographic area in this document, the

Asian Development Bank does not intend to make any judgments as to the legal or other status

of any territory or area.

`

Nuku‟alofa Urban Development Sector Project Implementing Agency, PUMA, MLECCNR

ADB GRANT-0264 TON

ENVIRONMENT AND SOCIAL UNIT

ESU BI-ANNUAL REPORT – N0. 1 March 2014

ESU Bi-Annual Report No 1

March 2014

Project title Nuku‟alofa Urban Development Sector Project

Document title ESU Bi-Annual Report

Date October 2013 - March 2014

Author(s) Winston HALAPUA

Reference n° ESU-1

Quality control

Version Date Written by: Checked by:

Draft v1 03/02/2014 Winston HALAPUA Sonia CHIRGWIN

Draft v2 12/02/2014 Sonia CHIRGWIN John GILDEA

Distribution

Sent to:

Name Company Sent on:

Maria Paniagua ADB, Fiji

Taniela Faletau Safeguards Specialist, ADB Fiji

Saia Faletau ADB, Tonga

Scott McLENNAN DFAT

Louise SCOTT DFAT

Anna BAKER DFAT

Copy to:

Name Company Sent on:

Tukua TONGA Project Manager, PMU NUDSP

Balwyn FA'OTUSIA Ministry of Finance National Planning - EA

Kalolaine FIFITA CEO, WAL

Pita MOALA Engineer, TWB

Saimone HELU CEO, TWB

Lauren DENIAU Project Director (EGIS)

John GILDEA Team Leader, PIAC NUDSP

Seventeen TOUMO‟UA Deputy Team Leader, PIAC NUDSP

Andrea TALIA‟ULI Environmental Specialist, PIAC NUDSP

Dick WATLING Environmental Specialist, PIAC NUDSP

Kaati HAKAUMOTU ESU Member and Planner, PUMA

Tevita LOLO ESU Member and Urban Planner, PUMA

ESU Bi-Annual Report No 1

March 2014

Acronyms and Abbreviations

AB Affected Business

APs Affected Persons

ADB Asian Development Bank

AusAID Australian Agency for International Development

BME Benefit Monitoring and Evaluation

CDTA Capacity Development Technical Assistance

CSS Country Safeguard System

DP Displaced Person

EA Executing Agency

EIRR Economic Internal Rate of Return

EMA External Monitoring Agency

EU European Union

FGD Focus Group Discussions

GAP Gender Action Plan

GDP Gross Domestic Product

GFP Grievance Focal Point

GIS Geographic Information System

GoT Government of Tonga

GRC Grievance Redress Committee

Ha Hectare

HH Households

IA Implementing Agency

ISA Initial Social Assessment

IUDP Integrated Urban Development Project

IUDSP Integrated Urban Development Sector Project

IMA Internal Monitoring Agency

Km Kilometre

LAR Land Acquisition and Resettlement

MOH Ministry of Health

MOI Ministry of Infrastructure

MLECCNR

Ministry of Lands, Environment, Climate Change and Natural Resources

NGOs Non-Government Organizations

NUDSP Nuku‟alofa Urban Development Sector Project

O&M Operation and Maintenance

PAM Project Administration Manual

PIA Project Implementation Assistance

PIU Project Implementation Unit

PMU Project Management Unit (in PUMA)

PPMS Project Performance Management System

PSA Poverty and Socio Economic Assessment

PSC Program Steering Committee

PUMA Planning and Urban Management Agency (in MoLECCNR)

RP Resettlement Plan

RRP

Report and Recommendation of the President (to the board of Directors)

SPS Safeguard Policy Statement

SES Socio Economic Survey

SW Solid Waste

SWM Solid Waste Management

TA Technical Assistance

TNIIP Tonga National Infrastructure Investment Plan

TNA training needs assessment

TOP Tongan Pa‟anga

TOR Terms of Reference

TSDF Tonga Strategic Development Framework

TUIDP Tonga Urban Infrastructure Development Plan

TWB Tonga Water Board

WAL Waste Authority Limited

WB World Bank

WS Water Supply

ESU Bi-Annual Report No 1

March 2014

TABLE OF CONTENTS

1. INTRODUCTION ..................................................................................................................... 4

1.1 Project Background ........................................................................................................... 4

1.2 Environment and Social Unit .............................................................................................. 5

1.3 Institutional Arrangements ................................................................................................. 6

2 MONITORING ACTIVITIES - ENVIRONMENT ........................................................................ 7

2.1 Introduction ........................................................................................................................ 7

2.2 Works in Progress ............................................................................................................. 7

2.3 Environmental Monitoring Methodology ............................................................................. 8

2.4 Other Monitoring Undertaken in the Period ........................................................................ 9

2.5 Monitoring Results and Actions Required ........................................................................ 10

3 SOCIAL ISSUES .................................................................................................................... 11

3.1 Social Issues for NUDSP ................................................................................................. 11

3.2 Resettlement Planning and Implmentation ....................................................................... 12

3.3 Grievance Redress Mechanism – Resettlement Plan ...................................................... 12

3.4 Complaint Resolution and Customer Service ................................................................... 13

4 SUMMARY AND CONCLUSIONS ......................................................................................... 13

APPENDIX A : ESU TERMS OF REFERENCE ........................................................................... 15

APPENDIX B – ENVIRONMENTAL AUDIT REPORTS ............................................................... 17

APPENDIX C: GRIEVANCE AND REDRESS MECHANISM FROM RESETTLEMENT PLAN ..... 47

ESU Bi-Annual Report No 1

March 2014

1. INTRODUCTION

1.1 Project Background The Asian Development Bank (ADB) and the Australian Aid programme, through the Department of Foreign Affairs and Trade (DFAT), jointly fund the Nuku‟alofa Urban Development Sector Project (NUDSP). The NUDSP is a multi-sector urban development project that is expected to contribute to Tonga‟s sustainable economic development by improving the standard of living in Nuku‟alofa. The outcome of the project will be effective, efficient, and sustainable urban services. Project outputs are:

(i) Output 1 – Strengthened policy environment for delivery of urban services:

The project will strengthen the policy environment for delivery of urban services in Tonga by (a) building capacity within Planning and Urban Management Agency (PUMA) to develop urban planning and management policies and to implement the Strategic Planning and Management Act for improved planning and coordination of urban services and urban infrastructure development; (b) reforming Tonga Water Board (TWB) and Waste Authority Limited (WAL) tariffs for recovery of water supply and solid waste services operations and maintenance costs; and (c) mandating the development and implementation of urban infrastructure asset management plans.

(ii) Output 2 - Effective, efficient, and sustainable water supply services in Nuku’alofa: The core subproject will (a) increase the water production at the Mataki‟eua Tongamai wellfield; (b) increase the raw water storage capacity; (c) improve the management of the water supply network through the creation of supply zones and improved bulk supply metering; (d) reduce unaccounted-for- water (UFW) from the current level, estimated at about 50% to less than 25%; (e) develop consumer water meter replacement policies and replace defective consumer meters; and (f) revenue collection, billing, and financial management capacity.

(iii) Output 3 - Sustainable solid waste services in Nuku’alofa: This core

subproject will assist WAL to improve its service delivery to the residents of Nuku‟alofa by: improving waste disposal operations at the Tapuhia landfill, improving and expanding solid waste collection services, and strengthening financial management capacity in WAL.

(iv) Output 4 - Other municipal services within Nuku’alofa: Other municipal

services will be improved through the implementation of selected high-priority urban infrastructure components identified in the Urban Infrastructure Development Plan (UIDP) and the National Infrastructure Investment Plan (NIPP) (candidate subprojects) and could include upgrading of sanitation, construction of drains, upgrading of roads, and replacement of overhead power lines with underground electricity cables. Candidate subprojects will be selected in accordance with the criteria and due diligence requirements and approved by the project steering committee (PSC) and Asian Development Bank (ADB).

(v) Output 5 - Raised community awareness of municipal services: The project

will raise community awareness of municipal services issues such planning and development consent requirements, household responsibilities for managing solid waste (reduce, recycle, re-use), and public health benefits of safe waste handling and disposal. The project will improve customer complaints mechanisms in TWB and WAL, and conduct public consultation on service standards, water

ESU Bi-Annual Report No 1

March 2014

conservation and demand management. The community awareness programs will also highlight the responsibilities of the Nuku‟alofa community as beneficiaries of urban services such as the need to pay for services. Women‟s groups and community associations will be consulted and encouraged to participate in urban planning and design issues.

(vi) Output 6 - Effective project management: The project management unit (PMU),

supported by project implementation assistance consultants will provide project design and supervision, monitoring, reporting, quality and cost control, screening and preparation of resettlement plans, and initial environmental evaluations for candidate subprojects, contract administration services and monitoring of the gender action plan.

1.2 Environment and Social Unit A key requirement of the Project is to adhere to the Government of Tonga environmental regulations and the ADB Social Safeguards Policy (2009). To achieve this, the Project Management Unit (PMU) formed the Environment and Social Unit (ESU). The ESU will implement all environmental and social monitoring and reporting processes, and ensure that safeguards are integral to all aspects of the project works. See Appendix A for the ESU Terms of Reference. This report is the first Bi-Annual Environment and Social Unit (ESU) Monitoring Report to be submitted to the ADB. It provides an overview of all activities that have been undertaken since the inception of the ESU. As per the Terms of Reference for the ESU, stand-alone reports will be submitted to the ADB on activities and outcomes every six months. In addition, the ESU will provide summaries of activities as an annex to each monthly and quarterly report submitted by the NUDSP. All progress reports will track social and environmental activities. For the two core sub-projects, there are different inputs required from the ESU. For the solid waste core subproject there is no land acquisition, unlike the water supply core subproject. With the contract for the construction of Cell Two at the Tapuhia Landfill, the ESU will undertake monthly environmental auditing. In addition, the ESU will work with Waste Authority Limited (WAL) in re-implementing a regular groundwater testing programme at the landfill. For the water supply sub-project, there are resettlement requirements for the new wells to be built under the well-field expansion. The Resettlement Plan was updated by the ESU, and all implementation, including compensation payments, will be overseen by the ESU. In addition, once the construction commences, the ESU will undertake environmental auditing on a monthly basis.

ESU Bi-Annual Report No 1

March 2014

1.3 Institutional Arrangements

Ministry of Finance

Executing Agency (EA) Ministry of Lands, Survey, and Natural Resources

Project Steering Committee (See membership below)

1. Ministry of Finance and Planning (MFP) 2. Ministry of Lands, Survey, Natural Resources (MLSNR) 3. Ministry of Environment and Climate Change (MECC) 4. Ministry of Education, Women„s Affairs and Culture (MEWAC) 5. Tonga Water Board (TWB) 6. Waste Authority Limited (WAL) 7. PUMA (secretariat)

Planning and Urban

Management Division (PUMA)

Implementing Agency (IA) and Project Management Unit (PMU)

Project Implementation Assistance (PIAC) Coordination Office

ESU

PMU Staff assisted by PIAC

Tonga Water Board

Waste Authority Ltd

Project Implementation Assistance (PIA)

Technical/ Management

Support

Project Implementation Assistance (PIA)

Technical/ Management

Support

Community, pro-poor and

gender activities

Core Subprojects Candidate Subprojects

The ESU is comprised of staff from the Planning and Urban Management Agency (PUMA) and the Project Implementation Assistance Consultants (PIAC). The Project Management Unit of the NUDSP manages the ESU, with the Deputy Project Manager acting as the chairperson. The ESU meets monthly, as well as on an as needs basis to discuss specific issues.

2 MONITORING ACTIVITIES - ENVIRONMENT

2.1 Introduction Tonga has many pristine but fragile islands that are potentially vulnerable to the effects of localized pollution, environmental degradation, and climate change. With sea level rising in particular, if the “worst case” global warming predictions were to occur, Tonga would face serious environmental and social challenges. These range from sea water intrusion into groundwater supplies, coastal inundation, and soil erosion, to the consequential loss of the livelihood of the population dependent on the natural resource base.1 Coastal resources are vital to the local economy. Coral reefs, mangroves and beaches are the main environmental components of the coast, and are facing threats from climate change, development and pollution. A key ecological feature of Tongatapu is the Fanga‟uta Lagoon, which is increasingly threatened by the pressures of poorly planned urban development.2 All sub-projects and works under the NUDSP are undertaken in accordance with an Environmental Assessment and Review Framework. This ensures that the environment is considered as an integral component of sub-project assessment and implementation processes. During the first six months of ESU operations, the environmental monitoring has focussed on the solid waste management core sub-project. With the construction works commencing in October 2013, the ESU developed an environmental monitoring checklist, conducted a pre-construction audit, and undertook environmental monitoring audits in November 2013 and February 2014. The audit reports are attached as Appendix B. An Initial Environmental Examination (IEE) report was prepared for the solid waste collection services and landfill operations in 2011. There were no significant environmental impacts anticipated for works under the NUDSP waste sub-project, with a number of positive environmental benefits to be gained from improving waste infrastructure and services. However, environmental monitoring of the works for the construction of Cell 2 is important to ensure all environmental risks are monitored, and immediate corrective actions put in place as issues are identified.

2.2 Works in Progress As of March 2014, there is one construction contract under the NUDSP that is in the implementation phase. The construction of Cell 2 for Tapuhia Waste Management Facility was commenced in October 2013. The work is due for completion by July 2014. A photographic record provides an overview of the work to date.

1 Initial Environmental Examination (IEE), Solid Waste Improvement Subproject, Solid Waste Household Collection Services and Landfill

Operational, NUDSP (RRP TON 42394-22) 2 Ibid

8

Pre-construction. Area to be cleared. Trees of significance at top of slope on left of photo

Pre-construction. Bund between Cells 1 & 2 requiring careful excavation to expose GCL

Pre-construction. Material Stockpile Site

Clearance of Cell 2 floor area Cell area cleared and working base

installed Excavation of GCL to establish site

levels and joining point.

Excavation of material from Cell 2. Material stockpile of excavated fill Completed concrete hardstand with

additional gravel hardstand area

It is expected that two contracts for the Tonga Water Board sub-project will commence in April 2014, and the ESU will need to devise an effective environmental monitoring programme for these works. To date, no formal environmental management training has been provided to the contractor, as they have a high level of awareness and their practices on site indicate a sound approach. The Project Manager has a copy of the Site Environmental Management Plan, and the contract specifications include a section highlighting the environmental risks and mitigation strategies connected with the contract works. The contractor‟s staff demonstrated a good understanding of the issues in discussions to date. Their practices in site house-keeping are sound, with working surfaces well maintained, all machinery and equipment stored neatly, and an obvious commitment to site safety.

2.3 Environmental Monitoring Methodology The ESU, with the support of Dick Watling (Environmental Specialist PIAC) and Sonia Chirgwin (Solid Waste Specialist PIAC), first developed an environmental monitoring methodology, including a site checklist for use in the monthly audits. This was also discussed with the contractor prior to finalisation. The initial pre-construction site audit was undertaken on the 21st October 2013. There were thirteen members of the group:

3 representatives of the contractor

8 from ESU and PIAC

9

1 from WAL 1 from MLECCNR, Environment Division

For the second audit,

2 representatives of the contractor 7 from ESU and PIAC

For the third audit,

1 representative of the contractor

5 from ESU and PIAC 2 from Planning and Urban Management Agency (PUMA)

The first audit was undertaken to highlight and discuss environmental issues to be monitored, as well as take a baseline of site conditions prior to works commencing in late October. The second audit covered the period from 21st October to 11th November. The third audit covered the period from 11th November 2013 to 5th February 2014. This audit had been delayed due to extremely wet weather and the lack of availability of ESU staff over the Christmas period. With the delays in construction through wet weather conditions, this was not problematic.

2.4 Other Monitoring Undertaken in the Period In conjunction with the ESU monitoring, the contractor is supplying monthly reports to the NUDSP to provide details of progress against the work plan, and discuss any issues as they arise. There are also monthly site meetings, and site inspections undertaken by the Engineer approximately three times a week, or more frequently depending on the stage of the works. There is good communication between the Supervising Engineer, the contractor, the Waste Authority, and the ESU. In the future, the ESU will also have an involvement in the re-establishment of groundwater monitoring at the Tapuhia Waste Management Facility. During the construction of the landfill, eight groundwater monitoring bores were constructed, with baseline sampling undertaken prior to commencement of operations. These samples were sent to a laboratory in Australia, and tested for a comprehensive range of parameters. Two additional testing rounds were conducted in the initial operating period, and field equipment was purchased for the Waste Authority Ltd to continue indicator testing on a regular basis. These instruments are no longer in working condition. It was also apparent that the testing programme was not sustained, highlighting the need for the re-instated programme to be simple and easily maintained over time. 3 Continuous water testing is critical to provide early detection of groundwater pollution, with indicator tests triggering a more comprehensive analysis of water samples when required. Testing will provide WAL with an indication of the effectiveness of the waste water treatment for leachate generated and treated on site. This is viewed as a critical requirement for WAL to ensure they are meeting their environmental safeguard obligations. In May 2013, the PIAC Solid Waste Specialist, WAL staff, and a representative from the Geology Division of MLECCNR undertook a round of indicator testing for the groundwater at Tapuhia. The aim was to establish the testing capacity with current instruments, as well as to

3 IEE, NUDSP (RRP TON 42394-22), NUDSP (RRP TON 42394-22)

10

identify any indications of groundwater pollution. The test results demonstrated no significant pollution issues, and clarified the requirements for the new instruments. A shopping process was undertaken by the NUDSP to purchase appropriate water testing equipment for an internal monitoring programme to be re-instigated. A company was selected; Vendart Pty Ltd from Australia and the instruments are expected to arrive in Tonga in late March 2014. Once this equipment arrives, the role of ESU will be as follows:

1) Assist Solid Waste Specialist to finalize water testing equipment procurement contract (completed)

2) Work with WAL, Environment & Geology Divisions of MLECCNR, and PMU (MLECCNR) to design a continuous testing programme for groundwater monitoring, as well as testing the leachate directly from the leachate sump, and at the post-treatment pond on site.

3) Participate in the initial testing rounds to provide external monitoring and advice, and to build capacity within the ESU on water monitoring practices.

4) Provide advice on long term sustainability and transparency of water testing requirements. Over the longer term, it is important that groundwater testing is regularly undertaken by an external agency (ideally Geology Division), in addition to the internal monitoring to be implemented by WAL.

2.5 Monitoring Results and Actions Required To date there have been no urgent environmental risks identified. All works in the construction contract at Tapuhia have been in compliance with the site Environmental Management Plan. In the three environmental audits to date, there has been one corrective action required, which is to erect some safety signage on the site to ensure that all site users are aware of the heavy

machinery operations. Avoiding traffic conflicts is important for site safety. The Contractor has responded quickly to this request and signage (2 signs) was erected in mid February 2014. In addition to this there have been three main issues highlighted in

ongoing discussions.

Care is required in relation to some trees of significance that have been identified on site. The site clearance includes a steep slope, with these trees at the top of this area. It is important that excavation does not expose the roots, make the bank unstable, or leave the root systems vulnerable.

Control of sedimentation is important as large volumes of fill material are removed and stockpiled. Whilst the disused quarry site does not allow for run off onto adjacent lands, it is still important to ensure contract works do not create any impacts on the functionality of the site stormwater drainage system. Once works commence on the low point of the quarry floor, a drain will be built across the access road into the Cell 3 area. The contractor will use geotextile to prevent sedimentation, and will also ensure the access road remains adequate for all site users.

Fuel storage and handling practices are a critical site issue. When working on the quarry floor, the groundwater is extremely vulnerable to fuel spillages. For this reason, the contractor is requested to undertake all re-fuelling in the contractor yard area on site, which is away from the quarry floor. For vehicles such as trucks, fuelling will take place

Construction Warning Signs

11

off site. However for the heavy machinery it will be necessary to refuel them up in the contractor compound area.

3 SOCIAL ISSUES

3.1 Social Issues for NUDSP A social survey conducted in April 2011 concluded that communities in Nuku‟alofa identify the poor as those facing hardship. Lack of employment and other income-generating opportunities are the main causes of hardship. Other causes included too many dependents, landlessness, the burden of family and community obligations, poor health, and poor family budgeting. Specific groups most vulnerable to hardship include children, youth, women, the disabled, and the elderly.4

“NUDSP will address hardship by fostering equitable, reliable, and quality water and waste management services and other urban services.” 5

Tonga‟s population was estimated at 103,036 in 2011, and has a small and relatively young population with one-third of the population under 20 years of age.6 Fertility rate is 4.2 children per woman. The rate of natural increase of the population is 2% in 2011; however, with a net out-migration rate of 1.7% annually, population growth is low at 0.4%.7 Urbanization is increasing, with approximately 30% of Tongans residing in urban areas, of which 77% are in the capital, Nuku‟alofa. 8 Moving to Nuku‟alofa from peripheries and outer islands is not easy because of difficulties in obtaining residential land. This has resulted in many new houses being built on registered sections of reclaimed swampland around in Nuku‟alofa.9 Hardship is officially defined as “having difficulties in meeting basic needs such as education and transport.” Significant concerns of women in Nuku‟alofa, documented during the social and gender surveys undertaken in the project design include:

(i) affordability of urban services, (ii) improving water and power usage (conservation), (iii) improving the health and well-being of households and the community, (iv) greater access to information on urban services and urban planning, (i) greater involvement in developing solutions for communities through women‟s

committee support, and (v) involvement in consultation and decision making.10

The ESU has a direct role in social safeguards for project implementation through resettlement planning. However, they also have a broader role in monitoring the implementation of the Gender Action Plan, and ensuring the NUDSP enhances social well-being in Nuku‟alofa, particularly for women and disadvantaged groups. With consultations currently underway for urban service tariffs and service levels, the ESU will be reviewing the results and ensuring inputs from women and disadvantaged groups are

4 Tonga: Economic Update and Outlook 2012, Asian Development Bank

5 PAM

6 Tonga Economic Update and Outlook 2012, ADB

7 Ibid

8 Tonga Department of Statistics. Census 2011 Preliminary Count. Secretariat of the Pacific Community

9 Tonga: Economic Update and Outlook 2012, Asian Development Bank

10 Ibid

12

considered and adequately responded to.

3.2 Resettlement Planning and Implmentation The water supply core sub-project requires resettlement planning and implementation, as the new wellfield will be constructed on land that is currently used for agricultural purposes. The role of the ESU is to assist in the update of the Resettlement Plan, ensuring that all affected land holders and land users receive a fair compensation offer. The updated entitlement matrix forms the basis for the compensation payments, which need to be provided prior to the commencement of works on the site. The entitlements matrix update was completed in September and October 2013. The Updated Resettlement Plan received a no objection from the ADB in January 2014. The ESU is now in the implementation phase of the Resettlement Plan. Each affected person was presented with a letter of compensation offer in February 2014, along with an updated Project Information Booklet outlining the process and dispute mechanism available to recipients. The meeting when these letters of offer were explained and distributed took place on 12th February 2014. The Resettlement Plan update process involved members from the ESU conducting interviews with TWB, MLECCNR, and conducting a community meeting for affected land users. The ESU also undertook a site inspection to verify current land use and review crop compensation entitlements. This revision process was undertaken to verify and update information in the RP on the scope of the project, land use information, the status of leases, and the compensation arrangements. All leases between TWB and estate holders/land owners have now been signed, and are proceeding through the relevant government processes. The land survey required for marking the lease boundaries and formal registration of the new lease areas will be completed in the near future. Each affected person has been presented with a letter of offer that summarises their compensation offer and how it was calculated. The recipients have been asked to submit the signed agreement forms after a period for consideration. Once all forms have been received, the ESU will be responsible for administering and ensuring the documented payment of the compensation amounts. Each affected person will be paid the amount as per the signed offer, and be asked to sign a final form to certify that they have received the funds and that there are no further claims in respect to this development. It will be important to follow the progress closely to ensure that all issues are dealt with in a timely manner, and disputes are promptly resolved in accordance with the grievance redress mechanism.

3.3 Grievance Redress Mechanism – Resettlement Plan A critical component of the Resettlement Plan is to ensure that all affected persons have access to a fair and transparent process to have any grievances heard and responded to. This mechanism has been explained in the Project Information Booklet distributed to affected persons. The section on grievance redress is attached as Appendix C. All grievances must be channelled to the ESU, whether PIAC or PUMA staff receives them. Affected persons also have the option to raise their concerns with their Town or District Officer, who have been established as grievance focal points (GFP) under the TWB project. To date no complaints have been received by the ESU or GFPs.

13

3.4 Complaint Resolution and Customer Service One of the objectives of the NUDSP is improved municipal services. In order to improve services, it is important that customer complaints are received and documented by service providers, and responded to effectively. To assist in this process, the NUDSP reviewed current customer complaint mechanisms in WAL and TWB, making a number of recommendations for improvements. These improvements mostly relate to the recording of information, improving the efficiency of the process, and the timeliness of responses. An electronic database has been developed specifically for WAL. It splits the customer complaints into three areas:

service (e.g. missed waste collection or property damage),

billing (incorrect bills), and

compliance (which addresses illegal dumping and burning practices). The customer service database is currently operating on a trial basis in WAL, and will be fine-tuned over the coming months. An important change is that the database goes beyond simply recording complaints. Results of the WAL investigation into the complaint must be recorded, as well as the details of a final follow up phone call to determine that the issue is resolved and to rate the customer satisfaction. The database fields prompt WAL staff to be proactive in resolving each issue, ensuring the customer is listened to, provided with appropriate information, and given a fair response in a timely manner. In addition to the database, all staff have undergone customer service training, and one staff member has been designated the role of Customer Service Officer. This gives one focal point in WAL to ensure that all complaints are channelled through the same mechanism. Once the trial has been completed, TWB will also be given the option of developing a customer service database, and support for improving internal processes. Developing responsive and customer focussed urban service providers is a key social issue of the project, and the ESU will continue to monitor progress in this area.

4 SUMMARY AND CONCLUSIONS The first six months of ESU operations have seen a focus on establishing systems and monitoring mechanisms. The following table summarises the actions to date under each area of responsibility.

Area Actions Undertaken Focus of Next Reporting Period

WAL Sub-Project

Environmental monitoring of Tapuhia Construction Contract

Environmental monitoring checklist developed

Audit no 1 (Initial pre-construction audit)

Audit no 2

Audit no 3

Ongoing monthly site audits

Follow up on corrective actions and monitor areas of key concern (sedimentation, re-fuelling practices, preservation of marked trees)

14

Area Actions Undertaken Focus of Next Reporting Period

Groundwater monitoring Review of groundwater monitoring requirements and testing instruments

Shopping for testing instruments and signing contract with supplier

Once instruments arrive, conduct initial session to learn about the instruments (in collaboration with WAL and Geology Division)

Work with WAL to finalise groundwater testing schedule and procedures

Assist in the implementation

Customer service and complaints

Review current customer complaint procedures in WAL and make recommendations for improvements

Develop customer service database for WAL

Customer service training for all WAL staff

Initiate trial of database and procedures at WAL

Monitoring of customer database implementation at WAL – effectiveness of system and results to date

Develop improved customer service / complaint mechanism for TWB

TWB Sub-Project

Resettlement Planning Update Resettlement Plan, including entitlements matrix

Meet with all affected persons and present letter of offer with full details of compensation payable and updated Project Information Booklet

On receipt of signed letters of offer, receive total fund allocation from MoFNP

Provide each affected person with his or her payment. Each person to sign a letter acknowledging receipt and no further claim.

Manage any grievances during this process as per the procedure

Environmental monitoring of construction contract(s)

Develop environmental monitoring checklists for each contract

Undertake pre-construction audits

Undertake monthly site audits,

Follow up all corrective actions issued, and closely monitor critical environmental issues

Customer service and complaints

Review current customer complaint procedures in TWB and make recommendations for improvements

Develop customer service database for TWB

Customer service training for all TWB staff

Initiate trial of database and procedures at TWB.

Monitoring of customer database implementation at TWB – effectiveness of system and results to date

NUDSP – Further Core Sub-Projects

Environmental Screening

IEE report for all additional sub-projects

Social Screening Resettlement planning for all additional sub-projects

15

APPENDIX A : ESU TERMS OF REFERENCE

Environment and Social Unit (ESU) – Terms of Reference

The ESU is a team based in PUMA with the responsibility to ensure all Project activities are undertaken in line with the ADB Social Safeguards Policy (2009).

In addition to the Social Safeguard Policy, the points of reference for the ESU are the following project documents:

Project Grant Agreement,

Project Administration Manual,

Environmental Assessment and Reporting Framework, and

Land Acquisition Resettlement Framework An ESU comprises of a minimum of three members; the Unit Head, a Social Focal Point, and an Environmental Focal Point. In the NUDSP ESU, there are additional members, as it is seen as an opportunity for capacity building with PUMA staff. The Unit is structured as follows:

Structure may change depending on staff movements (Update on 2nd February 2014) The ESU will form task specific working groups. In the initial stages working groups will be formed for:

Finalisation and implementation of Resettlement Plan for TWB sub-project

Environmental monitoring group for civil works at Tapuhia Landfill

Environmental monitoring group for civil works at Tongamai wellfield

Groundwater monitoring group for Tapuhia Landfill (in collaboration with Waste Authority Ltd)

ESU Head Tukua Tonga

Environment Focal Point Winston Halapua

Social Focal Point Kaati Hakaumotu

Team Members Tevita Fotu

Andrea Talia’uli MonalisaTukuafu Winston Halapua

PIAC Advisors Sonia Chirgwin Dick Wattling

16

Additional working groups will be formed on an as needs basis. All working groups will report to the ESU on a monthly basis, ensuring that all members learn from each other. The ESU has four main roles:

Assessment

Implementation

Monitoring

Reporting Assessment

All new sub-projects must have potential social and environmental impacts identified, minimised and mitigated, through Initial Environmental Examination reports and/or Resettlement Plans.

In the case of unforseen impacts occurring during implementation, such as a court dispute over land use or an environmental incident, the ESU must report this immediately to ADB, and prepare a Corrective Action Plan.

Implementation

The ESU is responsible for implementing the Resettlement Plan, ensuring all entitlements are paid, and that affected persons are kept well informed.

The ESU ensures that Contractors prepare a Construction Environmental Management Plan (CEMP), or utilise the EMP included in the bidding documents. The ESU reviews and approves the CEMP, and monitors compliance.

Monitoring

The ESU must complete regular environmental monitoring reports for all works under the project (See Annex 1 – EMP Compliance Checklist)

For social aspects, the Entitlements Matrix within the Resettlement Plan must be updated on an as needs basis

Reporting

On a quarterly basis, all environmental monitoring and other activities of the ESU must be summarised into a brief report, which is included as an annex in each Quarterly Project Report(QPR) for the ADB.

On a semi-annual basis, this information is collated and presented as a Safeguards Monitoring Report and submitted to the ADB. This is a public report and will be disseminated via the ADB website (See Annex 2 – Contents of ESU Monitoring Report). Reporting can be reduced to an annual basis once there are less construction activities.

A key requirement for the ESU is transparency. Information disclosure to potentially affected parties, stakeholders and to the ADB is essential to minimise the potential for disputes. A clear process for addressing grievances is also important. The grievance redress mechanism is contained in the sub-project IEEs and RP, and must be adhered to in the case of complaints raised.

17

APPENDIX B – ENVIRONMENTAL AUDIT REPORTS

Tapuhia Civil Works Contract Construction Environmental Audit Report # 1: October 2013

INTRODUCTION

Background to this Document

The Nuku‟alofa Urban Development Sector Project is co-funded by the Asian Development Bank and the Australian Government (through AusAID), with the support of the Government of Tonga. One of the priorities identified to improve the urban environment in Nuku‟alofa is to provide assistance to the Waste Authority Limited (WAL) in landfill operations and delivery of household waste collection services.

WAL was established in November 2006, and soon after commenced operating waste management services for Nuku‟alofa. Construction of the Tapuhia Waste Management Facility commenced in July 2005 as a major component of the AusAID funded Tonga Solid Waste Management Project. Site works and construction was completed and the site was open to the public in January 2007. In 2013, the first cell is now reaching its capacity as per the design.

The Tapuhia Waste Management Facility is located at the Tapuhia Quarry site in Vaini. It is a modern waste management facility, including landfill cell lining, leachate and septage treatment. The works to be completed under this contract (NUDSP-NCB-2013-WAL03) are to supply all materials, machinery and labour to construct Cell Number Two in accordance with the landfill design. This is the second cell out of a planned four, and is necessary for the site to continue to operate with appropriate environmental safeguards.

Site Values

Site values or qualities which have been identified that require protection at Tapuhia include:

Mango and Erythrina trees at the view point – quarry edge to be maintained to protect the roots;

Well vegetated quarry walls; and, Groundwater.

Environmental Issues

In undertaking the Tapuhia Civil Works Contract the following environmental issues need to be addressed:

Contamination of the groundwater which is exposed in parts of the quarry floor; and,

Shared use of construction/landfill management access routes;

Purpose of this Document

The purpose of this document is to fulfil NUSDP‟s monitoring requirements of the Tapuhia Civi Works Contract - Construction Environmental Management Plan, for the Asian Development Bank.

Circulation of this Document

This report is circulated by the NUDSP PMU to the following: WAL - Kalolaine Fifita (CEO), Sinilau Toumoua (Operations Manager), Tevita Kaufusi (Site Supervisor)

18

PMU - Tukua Tonga (Project Manager), Winston Halapua (Deputy Project Manager) ESU Team - Elisapeti Veikoso (Environmental Focal Point), Laitia Fifita (PUMA), Kaati Hakaumotu (PUMA), Mafile'o Masi (Dept Environment) PIAC - Seventeen Toumoua (Engineer to the Contract), Sonia Chirgwin (Waste Management Advisor), Andrea Tali'uli (Environment Specialist), Dick Watling (Environmental Advisor) Contractors - Karika Tuake (Project Manager)

19

1

20

TAPUHIA CIVIL WORKS CONTRACT CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN AUDIT REPORT

Date of Inspection:

21 October 2013

Recorder: Dick Watling

Inspection Team: PUMA ESU/NUDSP: WH, EV, KH, LF, MT, ST, AT, DW Contractor: KT, MB, TL Other: TK (WAL), MM (DOE).

Nature of Inspection (Pre-construction; Monthly; Unplanned; other): Pre-construction

Weather Conditions: Fine, overcast. One rain squall blew over while we were meeting prior to site inspection

Site Condition: Fine and dry underfoot. Heavy rain over a week ago. Standing water on site in Cell 2 and adjacent Special Waste Cell

Extent of Works: Pre-construction – prior to contractor mobilising to site

General Comment and Observations:

1 Pre-construction site inspection was undertaken to coincide with the official start of the contract, and followed a meeting on site with representatives of WAL, NUDSP (Engineer and staff; consultants); PUMA ESU reps, PMU and Dept of Environment;

2 Inspection comprised a meeting (Inspection Team above) in the Tapuhia Meeting Room and site walk around the site, specifically to agree locations of stockpiles and contractor‟s facilities, and to take pictures of the site;

3 Overview of the inspection procedure given by DW. Important elements explained:

- Importance of compliance monitoring of ADB safeguards with regular reports back to ADB;

- Use of an Inspection Checklist (shown and described, as below).

- Origin of the Checklist is the EMP included in the Bidding Documents (Section 6, Annex A) and contained in the Contract;

- Inspections likely to be monthly and undertaken by PUMA ESU personnel – contractor, WAL will be invited to accompany team. On occasions may include Dept Environment, community members etc.

- Identification on the plan and discussion of needs of the bund which the contractor has to remove gently to expose the GCL under-layer which will join with the GCL layer to be laid for Cell 2.

- Intention is to discuss any issues on site with contractor and resolve these immediately after learning contractor‟s viewpoint;

- Corrective Actions will be issued if problems persist or are serious. CAs will be issued by the Engineer as an official contractual notice.

4 After discussion it was agreed with contractor:

- That the contractor‟s container and equipment will be mobilised to a site adjacent the existing WAL containers; - Clay, rock, gravel materials would generally be brought to site direct for use. If stockpiles were required they would be located in the Cell 3 area inside

the quarry;

- Vegetation accumulated during the site clearing would be placed on the Cell 1 of the landfill. Soil and rocks would be used where possible for the construction or by WAL for cover;

- All refuelling and storage of diesel/hydrocarbons etc would be up at the contractor‟s container site. No storage of fuel or refuelling down in the quarry.

- Area immediately below observation point is a delicate site – care to be taken not to harm tree roots from the shade trees above.

21

5 Joint site inspection then followed:

- Overview of Cell 2 and active Cell 1 from upper vantage point – stockpile site at Cell 3 area pointed out

- Contractor facilities and equipment mobilisation site next to WAL containers inspected

6 Other areas on upper level then inspected incl. new concrete pad being prepared.

7 Photographic record made (Note on photographs: Contractor is required to take progress photos and include in monthly reports. Any ESU photos to be stored by WH (ESU) and used in reports. Any photos taken for general day to day inspections to be stored by Engineer.

8 Postscript: Not discussed on site – but apparent during report writing. The existing leachate well, pump and power junction box with pipes to treatment plant is in a vulnerable position on the side of the road at the edge of the contractor‟s construction site. Recommended that debris, vegetation is cleared from around it, it is fenced off and conspicuously flagged to minimise chance of accidental damage.

INSPECTION CHECKLIST

Action/Mitigation Measure

Mitigation Implementation

Impacts Observed/Location Action Required

(Corrective Action # &

Date)

Contractor Response/Comment

Yes/No Effectiveness

(1 to 5)

1. Contractor environmental awareness, inspection and reporting

Aware of environmental management requirements

Has copy of IEE, EMP;

Delivering training and/or awareness to staff (staff induction, tool box meetings)

Daily/weekly inspections

Reporting

This checklist was not used during this, the Pre-construction inspection

2. Groundwater Quality Control

Avoid construction in aquifers

Adequate bunding of fuel storage areas to protect from spills

Sludge from de-watering to be disposed of appropriately

3. Erosion and Sediment Control

Construct control structures such as catch drains and bunds to temporarily divert stormwater around construction sites

Complete earthworks in stages so that only a minimal area of ground is open or clear at any one time

Minimise earthworks during the wet season if possible

Provide silt collection traps at discharge points

Provide silt fences of similar around areas susceptible to

22

Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required

(Corrective

Contractor Response/Comment

erosion

Locate stockpiles away from any drainage channel or waterway and cover stockpiles

Manage construction spoil to minimise erosion and sedimentation

4. Solid Waste Disposal

The Contractor will dispose of any waste as per the direction of the WAL staff.

5. Vegetation Management

No vegetation to be removed outside of the Works area for the construction of Cell 2.

Any vegetation of significance in the Works vicinity is to be taped by the Engineer prior to commencement of clearing Works.

6. General Site Management

Install traffic barriers around excavation sites;

Provide and maintain adequate warning signs at site boundaries and along excavations;

Provide suitable enclosed storage areas for construction materials and locate away from drainage lines;

Manage all spoil to minimize blockage of drainage lines, dust generation, and to use as back-fill where appropriate;

Complete earthworks in stages so that any disruption to drainage lines is minimal;

Minimise waste generated through reduction, reuse and recycling;

Prior to disposal, store all waste in suitable areas/receptacles to prevent hazards such as fires, attraction to vermin or dissemination of dust;

Maintain site offices, lunch rooms and amenities buildings (utilised by the Contractor) in good condition and keep surrounding areas clean and tidy.

7. Community Disruption and Health Control

Inform community and local authorities of project plans and schedule and location of proposed works;

Provide appropriate signage and control to ensure safety;

Where appropriate, provide opportunities for local householders (or community members) to be engaged in the construction activities. Particular attention should be given to providing work opportunities for women (as per the NUDSP

23

Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required

(Corrective

Contractor Response/Comment

Gender Action Plan)

8. Noise Control

Minimise sound generated by civil works by use of appropriate construction design, equipment and materials;

Where possible, program work such that high noise levels occur at times of least impact. I.e. 0800 to 1800 hrs, Monday to Saturday only as no work is allowed on Sunday;

Where necessary and possible, fit plant and equipment with acoustic canopies and/or exhaust suppressors

9. Dust Control Use water trucks, when required, to wet areas that generate dust;

Restrict construction activities to the minimum possible area;

Stabilise disturbed areas as soon as practicable;

Cover trucks that transport dusty materials;

Modify or cease work practices in unfavourable wind conditions. i.e. when dust cannot be controlled in any other manner.

Effectiveness rating; 1 = non-compliant - corrective actions required; 2 = partial compliance – corrective or alternative actions required; 3 = adequately implementing CEMP measures; 4 = more than adequately implementing CEMP measures; 5 = excellent compliance, incl. measures in addition to CEMP

24

CORRECTIVE ACTION REGISTER

# Corrective Action Required Ref # &

Date (from Engineer)

Actions Implemented Date

Checked

Effectiveness/ Comments

Official Ref # from the Engineer required

25

PHOTOGRAPHS OF SITE INSPECTION – 21 AUGUST 2013 – BASELINE RECORD (INCLUDES VIDEO PANS)

Photo 1: Contractor‟s Equipment, Container & Vehicle Site – left Photo 2: Contractor‟s Equipment, Container & Vehicle Site - right

Photo 3: Cell 2 – Construction Site – left Photo 4: Cell 2 – Construction Site – right

26

Photo 5: Cell 2 – Construction Site – trees to be protected on left Photo 6: Bund between Cells 1 & 2 requiring careful excavation to expose GCL

Photo 7: Cell 3 – Material Stockpile Site Photo 8: Leachate well & power junction box – vulnerable location - to be fenced

27

Construction Environmental Audit Report # 2: November 11th 2013

INTRODUCTION

Background to this Document

The Nuku‟alofa Urban Development Sector Project is co-funded by the Asian Development Bank and the Australian Government (through AusAID), with the support of the Government of Tonga. One of the priorities identified to improve the urban environment in Nuku‟alofa is to provide assistance to the Waste Authority Limited (WAL) in landfill operations and delivery of household waste collection services.

WAL was established in November 2006, and soon after commenced operating waste management services for Nuku‟alofa. Construction of the Tapuhia Waste Management Facility commenced in July 2005 as a major component of the AusAID funded Tonga Solid Waste Management Project. Site works and construction was completed and the site was open to the public in January 2007. In 2013, the first cell is now reaching its capacity as per the design.

The Tapuhia Waste Management Facility is located at the Tapuhia Quarry site in Vaini. It is a modern waste management facility, including landfill cell lining, leachate and septage treatment. The works to be completed under this contract (NUDSP-NCB-2013-WAL03) are to supply all materials, machinery and labour to construct Cell Number Two in accordance with the landfill design. This is the second cell out of a planned four, and is necessary for the site to continue to operate with appropriate environmental safeguards.

Site Values

Site values or qualities. which have been identified that require protection at Tapuhia include:

Mango and Erythrina trees at the view point – quarry edge to be maintained to protect the roots;

Well vegetated quarry walls; and, Groundwater.

Environmental Issues

In undertaking the Tapuhia Civil Works Contract the following environmental issues need to be addressed:

Contamination of the groundwater which is exposed in parts of the quarry floor; and,

Shared use of construction/landfill management access routes;

Purpose of this Document

The purpose of this document is to fulfil NUSDP‟s monitoring requirements of the Tapuhia Civi Works Contract - Construction Environmental Management Plan, for the Asian Development Bank.

Circulation of this Document

This report is circulated by the NUDSP PMU to the following: WAL - Kalolaine Fifita (CEO), Sinilau Toumoua (Operations Manager), Tevita Kaufusi (Site Supervisor) PMU - Tukua Tonga (Project Manager), Winston Halapua (Deputy Project Manager) ESU Team - Elisapeti Veikoso (Environmental Focal Point), Laitia Fifita (PUMA), Kaati Hakaumotu (PUMA), Mafile'o Masi (Dept Environment) PIAC - Seventeen Toumoua (Engineer to the Contract), Sonia Chirgwin (Waste Management Advisor), Andrea Tali'uli (Environment Specialist), Dick Watling (Environmental Advisor) Contractors - Karika Tuake (Project Manager)

28

29

TAPUHIA CIVIL WORKS CONTRACT CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN REPORT

Date of Inspection:

11 November 2013

Recorder: Dick Watling

Inspection Team: PUMA ESU/NUDSP: WH, EV, KH, LF, MT, ST, AT, DW Contractor: MB, TL Other: TK

Nature of Inspection (Pre-construction; Monthly; Unplanned; other): Monthly

Weather Conditions: Fine, sunny.

Site Condition: Fine and dry underfoot. Some rain showers over the preceding week. Overall weather has been good for construction since last inspection.

Extent of Works: Construction commenced:–

1. Contractor‟s construction camp established; 2. Clearance of vegetation on the base of the lower part of Cell 2 and initial cutting back of vegetation on the quarry walls adjacent to parts of Cell 2;

3. Working pad at base of cell 2 established (Photo 1);

4. Removal of material on southern side of cell 2 commenced and placement on designated stockpile site in Future Cell 3; and,

5. Careful exposure of the geofabric bottom lining of Cell 1 in one location (Photo 2).

General Comment and Observations:

9 First construction site inspection;

10 Inspection comprised an initial meeting with the contractor‟s two representatives at the observation site above the landfill; followed by a site walk around the site, specifically visiting the contractor‟s facilities, and then visiting all active construction areas;

11 Contractor‟s site - comprising a container, open covered area, space for plant and equipment with fencing all round....has been neatly and professionally established.

12 A good start to construction work – working pad provides an adequately large solid base for the works. The need for careful exposure of the geotech lining of Cell 1 has been well understood and carried out.

13 Plant in use: Loader (Photo 1) and mini-excavator (Photo 3).

INSPECTION CHECKLIST

Action/Mitigation Measure

Mitigation Implementation

Impacts Observed/Location Action Required

(Corrective Action # & Date)

Contractor Response/Comment

Yes/No Effective-

ness (1 to 5)

1. Contractor environmental awareness, inspection

Aware of environmental management requirements

Has copy of IEE, EMP;

Y

Y

3 Specific issues discussed at last meeting have been carried out;

Regular tool box meetings being

30

Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required (Corrective Action

# & Date)

Contractor Response/Comment

and reporting Delivering training and/or awareness to staff (staff induction, tool box meetings)

Daily/weekly inspections

Reporting

Y

Y

?

held;

Contractor‟s foreman inspecting site re environment issues on a daily basis

Contractor submits monthly reports, where any environmental issues can be identified

2. Groundwater Quality Control

Avoid construction in aquifers

Adequate bunding of fuel storage areas to protect from spills

Sludge from de-watering to be disposed of appropriately

Y

Y

n/a

4 Care is needed to ensure that excavation at base of existing material on Cell 2 does not expose groundwater. Discussion on site at the time considered that the exposed water (Photo 4) is the remaining ponded water at Cell 2 site displaced by establishment of the working pad. Close observation of this is required.

The water to be drained from the excavation area as a matter of course. Conveyed to the contractor on site.

3. Erosion and Sediment Control

Construct control structures such as catch drains and bunds to temporarily divert stormwater around construction sites

Complete earthworks in stages so that only a minimal area of ground is open or clear at any one time

Minimise earthworks during the wet season if possible

Provide silt collection traps at discharge points

Provide silt fences of similar around areas susceptible to erosion

Locate stockpiles away from any drainage channel or waterway and cover stockpiles

Manage construction spoil to minimise erosion and sedimentation

n/r

Y

n/a

n/r

n/r

Y

Y

3 Earthworks are being undertaken at the bottom of the quarry. There are no drainage or erosion control requirements, other than the related issue discussed in 3 above.

The exposed groundwater in Future Cell 4 is a vulnerable site and drainage from stockpile following rain needs to be prevented from entering it. This requires close observation.

31

Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required (Corrective Action

# & Date)

Contractor Response/Comment

4. Solid Waste Disposal

The Contractor will dispose of any waste as per the direction of the WAL staff.

Y

3

No directions from WAL to date. Waste oil being stored within contractor‟s camp. (Photo 5). This should be contained in a closed vessel, contained temporarily in the container and then removed from site to be recycled with other spent oil of the contractor‟s operations

5. Vegetation Management

No vegetation to be removed outside of the Works area for the construction of Cell 2.

Any vegetation of significance in the Works vicinity is to be taped by the Engineer prior to commencement of clearing Works.

Y

N

4 Engineer to tape the vulnerable site and vegetation beneath the observation site with it Drala trees (Photo 6).

Engineer also to tape the leachate pump and power point as per report Visit 1. (Photo 7 and refer #9 in report Visit 1)

6. General Site Management

Install traffic barriers around excavation sites;

Provide and maintain adequate warning signs at site boundaries and along excavations;

Provide suitable enclosed storage areas for construction materials and locate away from drainage lines;

Manage all spoil to minimize blockage of drainage lines, dust generation, and to use as back-fill where appropriate;

Complete earthworks in stages so that any disruption to drainage lines is minimal;

Minimise waste generated through reduction, reuse and recycling;

Prior to disposal, store all waste in suitable areas/receptacles to prevent hazards such as fires, attraction to vermin or dissemination of dust;

Maintain site offices, lunch rooms and amenities buildings (utilised by the Contractor) in good condition and keep surrounding areas clean and tidy.

n/r

N

Y

Y

Y

Y

N

Y

3 Barriers not required at present, however signage at the top of the landfill access road and at the crossing point of construction traffic is required and should be installed to ensure that public traffic to the landfill site (Cell 1) is adequately warned. Refer 7 below CA# 1

Refer 4 (above)

7. Community Disruption and Health Control

Inform community and local authorities of project plans and schedule and location of proposed works;

Provide appropriate signage and control to ensure safety;

Y

N

2 DoEnv attended the first meeting. No issues reported to date but methods for community outreach to be confirmed

Warning signage at the top of the landfill access road and at the crossing point of construction traffic is required and

CA# 1

Install warning

32

Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required (Corrective Action

# & Date)

Contractor Response/Comment

Where appropriate, provide opportunities for local householders (or community members) to be engaged in the construction activities. Particular attention should be given to providing work opportunities for women (as per the NUDSP Gender Action Plan)

Y

should be installed to ensure that public traffic to the landfill site (Cell 1) is adequately warned (refer Photo 3)

Contractor aware of requirements but very limited employment available.

signage

December 11th.

8. Noise Control

Minimise sound generated by civil works by use of appropriate construction design, equipment and materials;

Where possible, program work such that high noise levels occur at times of least impact. I.e. 0800 to 1800 hrs, Monday to Saturday only as no work is allowed on Sunday;

Where necessary and possible, fit plant and equipment with acoustic canopies and/or exhaust suppressors

Y

Y

n/r

4 Plant in use looks and sounds in excellent condition

9. Dust Control Use water trucks, when required, to wet areas that generate dust;

Restrict construction activities to the minimum possible area;

Stabilise disturbed areas as soon as practicable;

Cover trucks that transport dusty materials;

Modify or cease work practices in unfavourable wind conditions. i.e. when dust cannot be controlled in any other manner.

n/r

Y

Y

n/r

n/r

3

Effectiveness rating; 1 = non-compliant - corrective actions required; 2 = partial compliance – corrective or alternative actions required; 3 = adequately implementing CEMP measures; 4 = more than adequately implementing CEMP measures; 5 = excellent compliance, incl. measures in addition to CEMP. N/a - not applicable to current works; n/r – not required at current stage of works.

33

CORRECTIVE ACTION REGISTER

# Corrective Action Required Ref # &

Date (from Engineer)

Actions Implemented Date

Checked

Effectiveness/ Comments

1 Install warning signage beside the road at 1) the top of the access road descent to the landfill and 2) at the bottom of access road where construction traffic may cross the road.

Official Ref # from the Engineer required

34

PHOTOGRAPHS OF SITE INSPECTION – 11 NOVEMBER 2013 (VIDEO PAN RECORD MADE)

Photo 9: Working pad at base of Cell 2 established. Stockpile future Cell 3. Photo 10: Careful exposure of the geofabric bottom lining of Cell 1

Photo 11: Mini-excavator; and, site where warning signage is required CA# 1 Photo 12: Standing water at excavation site – to be drained off

35

Photo 13: Waste oil – requires proper storage and removal from site Photo 14: Engineer to tape off vulnerable vegetation below lookout

site/trees

Photo 15: Leachate well & power junction box – vulnerable location - to be fenced off

Tapuhia EMP Report

36

Tapuhia Civil Works Contract Environmental Audit Report # 3: 5th February 2014

INTRODUCTION

o Background to this Document

This is the third environmental site audit undertaken by the Environment and Social Unit

established under the Project Management Unit of NUDSP.

The Nuku’alofa U a Develop e t Sector Project is co-funded by the Asian Development Bank

and the Australian Government (through AusAID), with the support of the Government of Tonga.

O e of the p io ities ide tified to i p ove the u a e vi o e t i Nuku’alofa is to p ovide assistance to the Waste Authority Limited (WAL) in landfill operations and delivery of household

waste collection services.

WAL was established in November 2006, and soon after commenced operating waste

a age e t se vi es fo Nuku’alofa. Co st u tio of the Tapuhia Waste Ma age e t Fa ility commenced in July 2005 as a major component of the AusAID funded Tonga Solid Waste

Management Project. Site works and construction was completed and the site was open to the

public in January 2007. In 2013, the first cell is now reaching its capacity as per the design.

The Tapuhia Waste Management Facility is located at the Tapuhia Quarry site in Vaini. It is a

modern waste management facility, including landfill cell lining, leachate and septage treatment.

The works to be completed under this contract (NUDSP-NCB-2013-WAL03) are to supply all

materials, machinery and labour to construct Cell Number Two in accordance with the landfill

design. This is the second cell out of a planned four, and is necessary for the site to continue to

operate with appropriate environmental safeguards.

o Site Values

Site values or qualities, which have been identified that require protection at Tapuhia include:

Mango and Erythrina trees at the view point – quarry edge to be maintained to protect the

roots;

Well vegetated quarry walls; and,

Groundwater.

o Environmental Issues

In undertaking the Tapuhia Civil Works Contract the following environmental issues need to be

addressed:

Contamination of the groundwater which is exposed in parts of the quarry floor; and,

Shared use of construction/landfill management access routes;

o Purpose of this Document

The purpose of this document is to fulfil NUSDP ESU’s o ito i g e ui e e ts of the Tapuhia Civil Works Contract for the Asian Development Bank.

o Circulation of this Document

This report is circulated by the NUDSP PMU to the following: WAL - Kalolaine Fifita (CEO), Sinilau Toumoua (Operations Manager), Tevita Kaufusi (Site Supervisor) PUMA /PMU - Tukua Tonga (Project Manager), Winston Halapua (Deputy Project Manager), Tevita Fotu (PUMA), Kaati Hakaumotu (PUMA) PIAC - Seventeen Toumoua (Engineer to the Contract), Sonia Chirgwin (Waste Management Advisor), Andrea Talia'uli (Environment Specialist), Dick Watling (Environmental Advisor) Contractors - Karika Tuake (Project Manager)

Tapuhia EMP Report

37

Tapuhia EMP Report

38

TAPUHIA CIVIL WORKS CONTRACT

CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN REPORT

Date of Inspection: 5

th February 2014

Recorder: Andrea Talia‟uli

Inspection Team: PUMA ESU/NUDSP: K.Hakaumotu, T.Fotu, A.Talia‟uli, W.Halapua, S.Chirgwin Contractor: Taniela Lolo (Contractor‟s Engineer) Other: Motei Tapaa (PUMA), „Atunaisa Fetokai (PUMA)

Nature of Inspection (Pre-construction; Monthly; Unplanned; other): Monthly

Weather Conditions: Fine, sunny.

Site Condition: Fine and dry underfoot. The moderate rain periods 2 days ago leaves standing water in parts of cell 2 quarry floor. (Photo 1)

Extent of Works: Construction continued:–

6. Removal of more material from cell 2 and placement on stockpile site in Cell 3. (Photos 2-4)

7. Concrete hard stand has been completed. (Photo 7-8)

General Comment and Observations:

14 Third Site Environmental audit ;

15 Environmental Audit team was welcomed on site by the contractor‟s engineer Taniela Lolo. Audit started at the observation site above the landfill then proceeded to a site walk down to the bottom of the quarry Cell 2 and Cell 3 before coming back to the contractor‟s camp yard (Photo 9-10) and the new concrete hard stand.

16 Engineer advised that works have been really slow over the past 2 months due to bad weather conditions and also the delay in getting a bulldozer on site to excavate the significant amount of hard corals from cell 2.

17 Plants in use: Bulldozer, Loaders, excavators, rollers and Dump Trucks (Photo 2 & Photo 8-12 )

Tapuhia EMP Report

39

INSPECTION CHECKLIST

Action/Mitigation Measure

Mitigation Implementation

Impacts Observed/Location Action Required

(Corrective Action # & Date)

Contractor Response/Comment

Yes/No Effective-

ness (1 to 5)

1. Contractor environmental awareness, inspection and reporting

Aware of environmental management requirements

Has copy of IEE, EMP;

Delivering training and/or awareness to staff (staff induction, tool box meetings)

Daily/weekly inspections

Reporting

Y

Y

Y

Y

Y

3

Regular meetings are still held every Monday where staff inductions, awareness and weekly work plan are raised.

2. Groundwater Quality Control

Avoid construction in aquifers

Adequate bunding of fuel storage areas to protect from spills

Sludge from de-watering to be disposed of appropriately

Y

Y

n/a

4 Careful excavation works are done on cell 2 ensuring that groundwater is not exposed. Contractor works on the quarry floor starting from the top first (Photo 2) allowing any water to drain to lower points.

According to the site supervisor, the cell floor is completely flooded when it rains heavily which has been the case in the past 2-3 weeks.

When work in the low areas commences, a trench is to be dug at the lowest point of cell 2 quarry floor to drain any water from the area into Cell 3 area. Geo fabric will be used to prevent sediment run-off, and care will be taken to ensure the access road remains open to all traffic

On rare occasions where the contractor is fueling machinery, it is important to ensure there is no risk of fuel spills. Contractor is asked to not refuel in the quarry floor area (as this is so close to groundwater). Instead all refueling should be undertaken at the contractor‟s yard or where practical, off site. Contractor must follow this practice and seriously consider the vulnerability of the

Tapuhia EMP Report

40

Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required (Corrective Action

# & Date)

Contractor Response/Comment

groundwater to any fuel spill.

3. Erosion and Sediment Control

Construct control structures such as catch drains and bunds to temporarily divert stormwater around construction sites

Complete earthworks in stages so that only a minimal area of ground is open or clear at any one time

Minimise earthworks during the wet season if possible

Provide silt collection traps at discharge points

Provide silt fences of similar around areas susceptible to erosion

Locate stockpiles away from any drainage channel or waterway and cover stockpiles

Manage construction spoil to minimise erosion and sedimentation

n/r

Y

Y

n/r

n/r

Y

3

Earthworks are being undertaken at the bottom of the quarry. There are no drainage or erosion control requirements, other than the related issue discussed in 2 above.

Laying of GCL must be done in stages.

Earthworks are being undertaken in wet season, but site is fully contained with no erosion impacts going off site.

Sediment traps must be used when trenches are dug for draining of water out of cell 2.

Minor sedimentation and erosion of materials from stockpiles at cell 3 (Photo 4). Contractor to provide appropriate measure to avoid from becoming a future significant issue.

Two large concrete blocks located under the trees at the observation site (Photo 5) need to be moved back by at least 3 meters so that they do impose overburden weight on the quarry and cause stability impacts in the future.

Discussion with Sinilau Toumoua (WAL) and Karika Tuake (BB). Both agreed should be moved, and agreed to do this for WAL.

4. Solid Waste Disposal

The Contractor will dispose of any waste as per the direction of the WAL staff.

Y 4

No issues here

5. Vegetation Management

No vegetation to be removed outside of the Works area for the construction of Cell 2.

Any vegetation of significance in the Works vicinity is to be taped by the Engineer prior to commencement of clearing Works.

Y

N

4 Engineer needs to tape the vulnerable site and vegetation beneath the observation site (Photo 5)

Engineer also needs to tape the leachate pump well and power point (Photo 6)

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Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required (Corrective Action

# & Date)

Contractor Response/Comment

6. General Site Management

Install traffic barriers around excavation sites;

Provide and maintain adequate warning signs at site boundaries and along excavations;

Provide suitable enclosed storage areas for construction materials and locate away from drainage lines;

Manage all spoil to minimize blockage of drainage lines, dust generation, and to use as back-fill where appropriate;

Complete earthworks in stages so that any disruption to drainage lines is minimal;

Minimise waste generated through reduction, reuse and recycling;

Prior to disposal, store all waste in suitable areas/receptacles to prevent hazards such as fires, attraction to vermin or dissemination of dust;

Maintain site offices, lunch rooms and amenities buildings (utilised by the Contractor) in good condition and keep surrounding areas clean and tidy.

N Y Y Y Y Y Y

3

Barriers not required at present; however signage at the top of the landfill access road and at the crossing point of construction traffic is required and should be installed to ensure that public traffic to the landfill site (Cell 1) are well warned.

7. Community Disruption and Health Control

Inform community and local authorities of project plans and schedule and location of proposed works;

Provide appropriate signage and control to ensure safety;

Where appropriate, provide opportunities for local householders (or community members) to be engaged in the construction activities. Particular attention should be given to providing work opportunities for women (as per the NUDSP Gender Action Plan)

N

N

2 Warning signage at the top of the landfill access road and at the crossing point of construction traffic is required and should be installed to ensure that public traffic to the landfill site (Cell 1) is adequately warned

Contractor aware of requirements but very limited employment available.

8. Noise Control

Minimise sound generated by civil works by use of appropriate construction design, equipment and materials;

Where possible, program work such that high noise levels occur at times of least impact. I.e. 0800 to 1800 hrs, Monday to Saturday only as no work is allowed on Sunday;

Where necessary and possible, fit plant and

Y

Y

4

Plant in use looks and sounds in excellent condition (Photo 2& Photo 8-12)

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Action/Mitigation Measure Mitigation

Implementation Impacts Observed/Location

Action Required (Corrective Action

# & Date)

Contractor Response/Comment

equipment with acoustic canopies and/or exhaust suppressors

n/r

9. Dust Control Use water trucks, when required, to wet areas that generate dust;

Restrict construction activities to the minimum possible area;

Stabilise disturbed areas as soon as practicable;

Cover trucks that transport dusty materials;

Modify or cease work practices in unfavourable wind conditions. i.e. when dust cannot be controlled in any other manner.

n/r

Y

Y

n/r

n/r

3 Not applicable in current wet weather conditions.

Effectiveness rating; 1 = non-compliant - corrective actions required; 2 = partial compliance – corrective or alternative actions required; 3 = adequately implementing CEMP measures; 4 = more than adequately implementing CEMP measures; 5 = excellent compliance, incl. measures in addition to CEMP. N/a - not applicable to current works; n/r – not required at current stage of works.

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CORRECTIVE ACTION REGISTER

# Corrective Action Required Ref # &

Date (from Engineer)

Actions Implemented Date

Checked

Effectiveness/ Comments

1 Install warning signage beside the road at 1) the top of the access road descent to the landfill and 2) at the bottom of access road where construction traffic may cross the road.

CAF 09 / 01 Site instruction letter issued by engineer. Reasonable to give 2 weeks for compliance

To be checked by 19/2/14

This was raised in previous ESU audit, but not delivered as an official site instruction by Engineer, and therefore not completed. In future audits, need to ensure all corrective actions are issued as site instructions.

2 Tape the vulnerable site and vegetation beneath the observation site and also tape the leachate pump well and power point.

To be followed up by Engineer To be checked by 19/2/14

3

Move back the two large concrete blocks under the trees at the observation site (Photo 5) by at least 3 meters.

Verbal request regarding this was already given by WAL and engineer to the contractor. This to be checked at next audit. If not undertaken, to be followed up with a formal site instruction,

To be checked in March ESU audit

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PHOTOGRAPHS OF SITE INSPECTION – 5TH

FEBRUARY 2014

Photo 16: Standing waters on Cell 2 floor from preceding days‟ rain

Photo 17: Excavation works at Cell 2.

Photo 3: Excavation works at Cell 2 Photo 18: Cell 3-Stockpile material removed from Cell 2

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Photo 5: Vegetation of significance to be taped by engineer Photo 6: Leachate well and power point to be taped by engineer.

Photo 19: New and completed concrete hard stand Photo 8: New and completed concrete hard stand

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Photo 9 : Contractor‟s camp yard Photo 10 : Contractor‟s camp yard

Photo 11: Contractor‟s Plant on site Photo 12: Contractor‟s Plant on site

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APPENDIX C: GRIEVANCE AND REDRESS MECHANISM FROM RESETTLEMENT PLAN

Grievance and Redress Mechanism

If you have any questions about the project, you can ask any member of the project team to take

your enquiry back to the Project Management Unit, since various team members will be visiting this area

off and on throughout the project duration of approximately 1 year.

The project wants to ensure that you receive full compensation if you are affected by the project. If

you feel that you have not received full and fair compensation, then you may complain in writing to your

District/Town Officer who will try to resolve the issue with you within 2 days.

If the District/Town officer cannot resolve the issue within 2 days, it will be immediately passed onto

the Project Management Unit who will have established a grievance redress committee. The committee

will be convened, the issue heard and a report provided to the affected person within 1 week.

If the affected person is still not satisfied, the grievance can be lodged through the district office to

the Minister of Finance. It will be heard internally and a report provided to the affected person within 1

week.

If the decision is still unacceptable to you, then you may approach the Land court (or other

appropriate court of law) for a resolution of your dispute. Any costs for representation that you may

incur will be borne by the Project.

The same grievance and redress mechanism is open to you if you believe the project construction or

operation is causing harm to the environment.

Contact Details for the Project Steering Committee are:

PMU Contact Details

Mr. Tukua Tonga

Planning & Urban Management Division

Ministry of Lands, Environment, Climate Change and

Natural Resources

Vuna Road

Nuku'alofa, Tonga

Tel: (676) 23 611

Fax: (676) 23 211

Ministerial Contact Details

Lord Ma'afu

Minister of Lands, Environment, Climate Change and

Natural Resources,

Vuna Road

Nuku'alofa, Tonga

Tel: (676) 23 611

Fax: (676) 21 010