Sint Maarten National Recovery Program Bureau (NRPB) SINT MAARTEN: WASTEWATER MANAGEMENT PROJECT (P179067) DRAFT ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) 7 November 2023 Page 1 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Sint Maarten National Recovery Program Bureau (NRPB) (the Recipient) will implement the Sint Maarten Wastewater Management Project (the Project), with the involvement of the Ministry of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI), as set out in the Grant Agreement. The International Bank for Reconstruction and Development (the Bank), acting as the administrator of Sint Maarten Hurricane Irma Reconstruction, Recovery and Resilience Single-Donor Trust Fund, has agreed to provide financing for the Project, as set out in the referred agreement. 2. The Recipient shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the Bank. The ESCP is a part of the Grant Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreement. 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Recipient shall carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures, institutional, staffing, training, monitoring and reporting arrangements, and grievance management. The ESCP also sets out the environmental and social (E&S) instruments that shall be adopted and implemented under the Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, and in form and substance, and in a manner acceptable to the Bank. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the Bank. 4. As agreed by the Bank and the Recipient, this ESCP will be revised from time to time if necessary, during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance. In such circumstances, the Recipient and the Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the Bank and the Director of the NRPB. The Recipient shall promptly disclose the updated ESCP. Page 2 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Wastewater Management Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the Bank, as part of the regular monitoring Submit six-monthly reports to the Bank throughout NRPB reports, information on the environmental, social, health and safety Project implementation, commencing after the (ESHS) performance of the Project, including but not limited to the Effective Date. Submit each report to the Bank no implementation of the ESCP, status of preparation and later than 45 days after the end of each reporting implementation of E&S instruments required under the ESCP, period, as part of the overall Project Reports. stakeholder engagement activities, and functioning of the grievance redress mechanism (GRM). B INCIDENTS AND ACCIDENTS Promptly notify the Bank of any incident or accident related to the Notify the Bank no later than 72 hours after NRPB Project which has, or is likely to have, a significant adverse effect learning of the incident or accident. on the environment, the affected communities, the public or workers, including, amongst others, cases of sexual exploitation Provide subsequent report to the Bank within an and abuse (SEA), sexual harassment (SH), and accidents that acceptable timeframe to the Bank and the result in death, serious or multiple injury. Provide sufficient detail Recipient. regarding the scope, severity, and possible causes of the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by the contractor and/or supervising firm, as appropriate. Subsequently, at the Bank’s request, prepare a report on the incident or accident and propose any measures to address it and prevent its recurrence. Incorporate the accidents and incidents reporting obligation as part of the ESMP to be prepared under action 1.2. C CONTRACTORS’ MONTHLY REPORTS Require contractors and supervising firms to provide monthly Submit the monthly reports to the Bank as annexes NRPB monitoring reports on ESHS performance in accordance with the to the reports to be submitted under action A ESHS metrics specified in the respective bidding documents and above contracts. Page 3 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Wastewater Management Project ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Maintain the Project Implementation Unit (PIU) with qualified staff Maintain the PIU as set out in the Grant NRPB and resources to support management of ESHS risks and impacts Agreement. Assign at least 1 (one) environmental of the Project assigning an environmental specialist and a social specialist and 1 (one) social specialist no later than specialist, to support the Project. 30 days after the Effective Date, and thereafter maintain these positions throughout Project implementation. 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS a. Develop, consult, update, and disclose a preliminary a. Submit the preliminary ESMP for the Bank’s NRPB Environmental and Social Management Plan (ESMP) for Sub- prior review and no objection and thereafter component 1.1 of the Project following the approved Table of consult and update the preliminary ESMP Contents for the ESMP. Thereafter, update, adopt and based on consultations no later than 60 days implement an ESMP for Sub-component 1.1 of the Project, after the Effective Date. Finalize, adopt, and consistent with the relevant ESSs. The ESMP shall set out an disclose the ESMP before launching the tender exclusion list to screen out activities that cannot be carried out process for Sub-component 1.1. Once under the Project. adopted, implement the respective ESMP throughout Project implementation. b. Engage an external consulting firm to conduct the technical b. Submit the ESA for the Bank’s review and no assessment for Component 1 of the Project and the objection before completing the design phase. Environmental and Social Assessment (ESA) for Sub- component 1.2 of the Project. The consulting firm shall support c. Submit the ESMP for the Bank’s review and no NRPB in conducting stakeholder consultations and update the objection before launching the tender process ESA based on consultations. for works under Sub-component 1.2. Once adopted, implement the respective ESA and c. Develop, consult, update, adopt, disclose, and thereafter ESMP throughout Project implementation. implement an ESMP for Sub-component 1.2 of the Project, d. Submit the independent consultant’s stand- consistent with the ESA and the relevant ESSs. alone report as an annex to the ESA and ESMP to be submitted under action 1.2b & d. Engage 1 (one) independent expert to prepare an independent 1.2.c above. assessment and ex-post review on the sludge management aspects of the ESA and ESMP for Sub-component 1.2 of the e. Project. The reviewer shall prepare a stand-alone report on sludge management whose findings shall be integrated into the draft ESA and ESMP. Page 4 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Wastewater Management Project e. 1.3 MANAGEMENT OF CONTRACTORS Incorporate the relevant aspects of the ESCP, including, amongst As part of the preparation of procurement NRPB others, the ESMPs, the Labor Management Procedures (LMP), documents and respective contracts. GRM and Code of Conduct, into the ESHS specifications of the Supervise contractors throughout Project procurement documents and contracts with contractors and implementation. supervising firms. Thereafter ensure that the contractors and supervising firms comply and cause subcontractors to comply with the ESHS specifications of their respective contracts. 1.4 TECHNICAL ASSISTANCE Throughout Project implementation. NRPB Ensure that the consultancies, studies (including feasibility studies, if applicable), capacity building, training, and any other technical assistance activities under the Project, including under Component 2, are carried out in accordance with terms of reference acceptable to the Bank, that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Update, adopt, disclose, and implement the LMP for the Project, including, amongst others, provisions on working conditions, Submit the updated LMP for the Bank’s prior NRPB management of workers relationships, occupational health and review and no objection, adopt, and disclose the safety (including personal protective equipment, and emergency LMP within 60 days after Effective Date, and before preparedness and response), code of conduct (including relating to employment or engagement of project workers and Sexual Exploitation and Abuse (SEA) and Sexual Harassment thereafter implement the LMP throughout Project (SH)), forced labor, child labor, grievance arrangements for Project implementation. workers, and applicable requirements for contractors, subcontractors, and supervising firms. Page 5 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Wastewater Management Project 2.2 GRIEVANCE REDRESS MECHANISM FOR PROJECT WORKERS a. Maintain and operate a GRM for Project workers, as described a. Maintain and operate the GRM prior to engaging NRPB in the LMP and the NRPB’s institutional GRM and consistent Project workers and thereafter maintain and with ESS2. operate it throughout Project implementation. b. Establish a GRM prior to engaging Project b. Require contractors and supervising firms to establish and workers and thereafter maintain and operate it operate a grievance mechanism for their workers. throughout contract implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT Incorporate waste management mitigating measures, as part of the Same timeframe as for the adoption and NRPB ESMPs to be prepared under action 1.2. above, to manage implementation of the ESMPs. hazardous and non-hazardous wastes, consistent with ESS3. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Incorporate feasible resource efficiency and pollution prevention Same timeframe as for the adoption and NRPB and management measures in the ESMPs to be prepared under implementation of the ESMPs. action 1.2. above. 3.3 WASTEWATER AND SURFACEWATER QUALITY AND MONITORING NRPB a. Carry out a baseline study for the water quality of selected a. Before launching the bidding process for the surface waters and beaches. works contract. b. Monitor the coastal and surface water quality of selected b. For at least one year during Project locations following the terms of reference to be developed under implementation. Component 2 of the Project. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY NRPB Page 6 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Wastewater Management Project Adopt and implement measures to manage traffic and road safety Same timeframe as for the adoption and risks, as required, in the ESMPs to be developed under action 1.2. implementation of the ESMPs. above. 4.2 COMMUNITY HEALTH AND SAFETY Assess and manage specific risks and impacts to the community Same timeframe as for the adoption and NRPB arising from Project activities, including, inter alia, behavior of implementation of the ESMPs. Project workers, response to emergency situations, vectors, and open trenches, and include mitigation measures in the ESMPs to be developed under action 1.2. above. 4.3 SEA AND SH RISKS Implement SEA/SH prevention and response measures, Implement SEA/SH prevention and response NRPB proportionate to the risks of the Project, including availability of a measures throughout Project implementation. list of services for victims of SEA/SH, adoption of the code of conduct by all workers, and adequate treatment of SEA/SH grievances in the Project level GRM, as reflected in the SEP and LMP. These measures shall also be included in the ESMPs to be developed under action 1.2 above. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT ESS5 is not relevant for the project. The ESMP for Sub-component 1.1 of the Project to be prepared under action 1.2 above will include an exclusion list to screen out any activities with potential impacts covered under ESS5, including any locations that require the purchase of land or resettlement. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS Develop, adopt and implement a Biodiversity Management Plan or Same timeframe as for the adoption and NRPB biodiversity mitigation measures as part of the ESMP for Sub- implementation of the ESMP for Sub-component component 1.2 to be prepared under action 1.2.b above, 1.2. consistent with ESS6 and in accordance with the outcome of the ESA for Sub-component 1.2. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES ESS7 is not relevant for this project. ESS 8: CULTURAL HERITAGE Page 7 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Wastewater Management Project 8.1 CULTURAL HERITAGE RISKS AND IMPACTS Same timeframe as for the adoption and NRPB implementation of the ESMP for Sub-component Develop, adopt and implement cultural heritage management 1.1. measures, as part of the ESMP to be developed for Sub-component 1.1 of the Project under action 1.2.a above, to manage potential impacts to cultural heritage consistent with ESS8. 8.2 CHANCE FINDS The chance finds procedures shall be described and implemented Same timeframe as for the adoption and NRPB as part of the ESMPs to be developed under action 1.2 above. implementation of the ESMPs. ESS 9: FINANCIAL INTERMEDIARIES ESS9 is not relevant for this project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION Consult, update, adopt, disclose, and implement a Stakeholder Submit the updated SEP for the Bank’s prior NRPB Engagement Plan (SEP) for the Project, consistent with ESS10, review and no objection, adopt, and disclose the which shall include measures to, including, amongst others, SEP within 60 days after Effective Date, and provide stakeholders with timely, relevant, understandable and thereafter implement the SEP throughout Project accessible information, and consult with them in a culturally implementation. appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. 10.2 PROJECT GRIEVANCE REDRESS MECHANISM NRPB Publicize, maintain, and operate an accessible GRM, to receive Maintain and operate the existing NRPB GRM and facilitate resolution of concerns and grievances in relation to throughout Project implementation. the Project, promptly and effectively, in a transparent manner that is culturally appropriate and readily accessible to all Project- affected parties, at no cost and without retribution, including concerns and grievances filed anonymously, in a manner consistent with ESS10. Page 8 of 9 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – Wastewater Management Project The GRM shall be equipped to receive, register, and facilitate the resolution of SEA/SH complaints, including through the referral of survivors to relevant gender-based violence service providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT CS1 Under component 3 (three), training shall be facilitated and Training needs to be assessed as part of the NRPB provided as applicable and appropriate to PIU staff, Project ESMPs to be developed under action 1.2 above. workers, contractors and supervision firms on: Thereafter, training to be delivered throughout the • E&S instruments requirements and implementation Project implementation period. • Community health and safety • SEA/SH • Emergency prevention, preparedness and response measures • Managing contractor environmental and social performance • And as further described in the ESMPs indicated under action 1.2. above. 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