El 192 LAGOS STATE GOVERNMENT Environmental & Social Impact Assessment (ESIA) - Final Report - Lagos Metropolitan Development Project (LMDP) environQuest) May 2005 Lagos Metropolitan Development Proiect - Final ESIA Table of Contents EXECUTIVE SUMMARY ................................. V 1. INTRODUCTION.1 2. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK. 4 3. DESCRIPTION OF THE PROPOSED PROJECT .10 4. STUDY METHODOLOGY.13 5. BASELINE DATA.1S 6. POTENTIAL ENVIRONMENTAL & SOCIAL IMPACTS AND THEIR MITIGATING MEASURES.23 7. ENVIRONMENTAL MANAGEMENT PLAN.31 8. MONITORING PLAN.40 9. CONSULTATION PLAN.46 10. ANALYSIS OF ALTERNATIVES .............................. 49 1i 5. BA SELINE DATA ........................................................................................................................................................ 15 ~ ~ ~ ~ Laaos Metropolitan DeveloDment Project - Final ESIA List of Acronyms AU - African Union EA - Environmental Assessment ECOWAS - Economic Community of West African States ESIA - Environmental and Social Impact Assessment FEPA - Federal Environmental Protection Agency FGN - Federal Government of Nigeria FMEnv - Federal Ministry of Environment GIS - Geographic Information System IDA - International Development Association LASG - Lagos State Government LASEPA - Lagos State Environmental Protection Agency LAWMA - Lagos State Waste Management Authority LCC - Lagos City Council LG - Local Government LGA - Local Government Area LMDP - Lagos Metropolitan Development Project MSDS - Material Safety Data Sheet OD - Operational Directives OHS - Occupational Health and Safety O&M - Operation and Maintenance PMU - Project Monitoring Unit PU - Project Unit ROW - Right-of-Way RPF - Resettlement Policy Framework SWM - Solid Waste Management OR - Terms of Reference TSP - Total Suspended Particles UNEP - United Nations Environment Programme USEPA - United State Environmental Protection Agency WB - World Bank WHO - World Health Organization 111 Lagos Metropolitan Development Project - Final ESIA Executive Summary Lagos State, a wetland area, lies in the South Western coastland of Nigeria, approximately on longitude 20° 42E and 30 22E and between Latitude 600 22N and 600 42N. The State is bounded both in the North and East by Ogun State of Nigeria; in the West, by the Republic of Benin; in the South, it stretches for 180 kilometres along the Gulf of Guinea of the Atlantic Ocean. The State is home to about 12 million people with diverse ethnic background. Of this population, it is estimated that about two-thirds currently live in slums. Living conditions in these slums are extremely crowded and dismal: more than 75% of the people live in one room, with a room density of 4.6 persons per room; eight to ten families live in one house, sharing common cooking and sanitation facilities, with about 40 people competing for the use of one toilet in the mornings before school or work; diarrhoea, hepatitis, typhoid and cholera are the most common diseases; sixty six percent of the diseases affecting children under the age of five are related to poor water quality and a lack of access to sanitation; more than half the households experience flooding outside their homes, while about one fifth suffer from floods inside the homes, with refuse and raw sewage being swept in; floods in these slums are on an average knee deep both inside and outside the house, are said to last over five hours, cause immense economic hardship, and are a severe health hazard. Given the high incidence of flooding, drainage was the community's top priority, especially in the slums along coastal areas, followed by roads. Reducing flooding in such slums would require that the primary drains and channels to which on-site connect, be functional. The Lagos State Government (LASG) has approached the World Bank to support the Lagos Metropolitan Development Project (LMDP). The project's principal development objectives are (i) improved living conditions in nine slums through upgrading; (ii) reduced the incidence and severity of routine flooding in Lagos through better drainage and solid waste management; and (iii) enhanced capacity for urban management through institutionalizing the use of data for urban management. The Lagos Metropolitan Development Project (LMDP) is a major investment in improving the quality of life of Lagos State inhabitants, especially those in the slums. The project's development objectives are (i) to improve living conditions in Lagos through investments in critical basic infrastructure; and (ii) enhanced capacity for urban management through institutionalizing the availability and use of data for urban management. Under the LMDP, there are four major components: * Urban upgrading in 9 slum areas, * Drainage network rehabilitation, * Solid waste management, and * Capacity building and institutional development. The activities under the infrastructure investments for upgrading 9 slum areas will entail civil works in upgrading subprojects in Agege, Ajegunle, Amukoko, Badia, Bariga, Ijeshatedo/Itire, llaje, lwaya and Makoko. The rehabilitation works in these slum areas will be in the following sectors: water supply, roads, footpaths, drainage, power reticulation, private and public sanitation facilities, solid waste management, markets, street lighting, recreational facilities, schools, clinics, community facilities, etc. The final agreement with the communities on the investment packages for the nine upgrading areas and their designs would be completed within the first 9 months of the project implementation, with construction to begin in month 15 of the project. All of the slum upgrading civil works will have an Environmental and Social Impact Assessment (ESIA) integrated into the engineering design scope of work. As for solid waste, detailed engineering designs for 6 transfer stations and upgrading of the dumpsite will be contracted out to consultants, and, as a part of the consultants' scope of work, a thorough ESIA would be undertaken for these civil works. Concerning drainage, a comprehensive hydraulic model (sitting on top of the drainage GIS layer) will be developed before any serious rehabilitation works are designed for the overall network improvements. For the first year's program, an initial 26.6 kilometres of cleaning and drainage channel reshaping (to original design cross sections and vertical slopes) of drains associated with the iv Lagos Metropolitan DeveloOment Proiect - Final ESIA nine slum upgrading areas will be contracted out as civil works. These are the primary focus of this specific ESIA. Thus, in recognition of the fact that environmental and social concerns may arise as a result of the proposed project, the Lagos State Government commissioned an Environmental and Social Impact Assessment (ESIA) study and a Resettlement Policy Framework (RPF) in fulfilment of the World Bank requirements for project appraisal. This ESIA has been prepared to satisfy national and state regulatory requirements as well as World Bank's mandate for project of such magnitude and it addresses the environmental and socioeconomic consequences of the proposed project. The existing environment is described only for those aspects of the physical, biological, social and economic environment within the study area that are relevant to the project. The assessment also identifies the project-environment interactions during operational phase. The impacts and prevention/mitigation measures associated with the projects are discussed. The project will have both beneficial and negative impact on the physical, biological and social environment. Rehabilitation of drainage and reconstruction of roads will reduce incidence of flooding and make the area readily accessible during the rainy season. Facilities and infrastructure upgrade will result in better living conditions for residents. An environmental management plan (EMP) has been developed to ensure that impacts which cannot be mitigated are minimized to the maximum extent possible. The plan deals with how mitigation measures proposed are implemented and assigned the responsibility and costs, if appropriate, in its implementation. The EMP has the following objectives: * Protection of the environment from potentially harmful activities, and vice versa; * Government institutional strengthening in conducting environmental protection and monitoring of the drains The monitoring plan defines roles and responsibilities distinguishing between the routine monitoring of the project. Routine monitoring focuses mainly on construction supervision and raising awareness in the context of human health and safety and environmental protection. Routine monitoring requirements are defined according to potential impacts and recommended mitigation measures. Where applicable monitoring costs are estimated and roles and responsibilities for monitoring are also defined. Finally, a consultation plan was developed to provide a framework for achieving effective stakeholder involvement and promoting greater awareness and understanding of issues among all the stakeholders so that the project is carried out effectively within budget and on-time to the satisfaction of all stakeholders. v Lagos Metropolitan Development Proiect - Final ESIA 1. INTRODUCTION 1.1 Background Nigeria, estimated to have a population of 133 million growing at 3% per annum. With one of the highest urbanization rates in the world, Nigeria will cross the 50% urbanization mark by 2007. Major cities are growing at rates between 10-15%, and medium size cities are growing at 7%-10% per annum. Lagos is home to almost 18% of Nigeria's urban population today. Its population has been growing at around 6% annually since the 1980s, and growth rates are projected to be between 4% to 5% till 2015. With a current estimated population of 11.14 million, and is expected to be home to over 17 million by 2015. It is the premier manufacturing city in W Africa, most important sea port, node for telecommunications with the largest concentration of multinationals, and home to 250 of Nigeria's financial institutions. More than 60% of Nigeria's non-oil economy is located in Lagos. Despite its dominant position in Nigeria's non-oil economy, Lagos remains a "poor city" with an annual budget of about US$650 million'. However, Lagos' urban productivity is severely compromised by nearly three decades of neglect - every sector in Lagos demands urgent and immediate attention. In a complex institutional environment that includes inter-governmental and fiscal decentralization issues (whose impacts are exacerbated since the move of Nigeria's capital from Lagos to Abuja), the city faces overwhelming challenges. Inadequate resources, inadequate knowledge, the lack of reliable data for decision- making, the lack of urban management tools necessary for planning, and unprecedented population growth - together these factors have overwhelmed the capacity of the public sector to manage growth and deliver services to its large and growing population. It is estimated that about two-thirds of the city's population currently lives in slums. With refuse and raw sewage being swept in; floods in these slums are on an average knee deep both inside and outside the house, are said to last over five hours, cause immense economic hardship, and are a severe health hazard. Given the high incidence of flooding, drainage was the community's top priority, especially in the slums along coastal areas, followed by roads. Reducing flooding in such slums would requires that the primary drains and channels to which on-site connect, be functional. Indiscriminate dumping of solid waste in open channels and drainages over the years is another factor that affects the network. Of the 10,000 tons of waste generated per day, only about half is ultimately discharged to the three official dumpsites. There is a well conceived and staffed, public authority for solid waste management - the Lagos Waste Management Authority (LAWMA). LAWMA has the statutory mandate for metropolitan area wide collection, transfer, treatment and disposal of solid waste, as well as cost recovery for services. It has the technical capacity, organizational arrangement, accountability, and transparency suitable for managing solid waste in the metropolitan area. However, over the last fifteen years, LAWMA has neither been adequately supported financially, nor has been allowed to become financially autonomous. Regular political interference, unfunded mandates, and policy changes have impeded LAWMA's efforts to provide services and develop cost recovery mechanisms. For scaling-up slum upgrading to all its slums, Lagos needs a coherent, feasible and sustainable strategy, as well as a time-bound program owned by LGs and the communities. Successful implementation will require considerable planning and managerial capacity to be established at both State and local government levels, significant commitment of funds for more than fifteen years, and most importantly, embedding a culture of maintenance, without which no program gains will be sustained. Given the high willingness to pay for services in these slums, establishing transparent and credible cost recovery mechanisms to contribute towards maintenance will be essential. LASG is committed to a long term program dealing with existing slums and prevention of slums in the future. L 1 Lagos Metropolitan Development Project- Final ESIA However, before on-site investments in slums deliver sustainable benefits, the drainage system needs to work. Recognizing that limited resources will be the reality for years to come, LASG has agreed to establish a Drainage Board to enhance efficiency in providing services and utilization of limited funds. LASG has made a commitment to ensure that funds will be allocated to the Board on a priority basis from LASG funds, commensurate with agreements between LASG and LGs, with respect to property taxation. With regards to solid waste management, LASG has agreed to create a safe and conducive climate for private sector investment, give LAWMA the necessary autonomy and a clear mandate for strategic and long-term institutional development, and elevate it to a position reporting directly to the Governor. Since the democratically elected government assumed office 1999, LASG has made impressive progress on several fronts. It has focused on critical fundamentals that are necessary for urban management and service delivery. Despite these efforts, substantial challenges remain. Given the rapid growth of population and urban poverty, there is an urgent need to strengthen the State's capacity to plan, manage, and coordinate metropolitan functions and services, in order to give substance to the Government's vision for the management and transformation of Lagos. The Lagos State Government has approached the World Bank to support the Lagos Metropolitan Development Project (LMPD). The principal development objectives of the project are to: improve the living conditions in nine (9) slums within Lagos by upgrading facilities and infrastructure; reduce the incident and severity of routine flooding in Lagos through improved drainage and solid waste management; and to enhance the capacity for urban management through the institutionalization of data use for urban management. The Lagos Metropolitan Development Project is a major investment in improving the quality of life of Lagos State inhabitants, especially those in the slums. The project's development objectives are (i) to improve living conditions in Lagos through investments in critical basic infrastructure; and (ii) enhanced capacity for urban management through institutionalizing the availability and use of data for urban management. In addition, LMDP will improve transparency and accountability for better governance, through institutional reform in key infrastructure sectors; through support for the application of data driven urban management tools, LMDP will facilitate results based budgeting, targeting, expenditure and impact monitoring, and feedback mechanisms to the public Furthermore, the LMDP will improve basic services for one million direct beneficiaries in nine slums, and contribute to human development through a reduction in the threat of disease by reducing the incidence and severity of flooding in the metropolitan area. This will also contribute to more effective functioning of the road network, thereby contributing to productivity enhancement of the firms and households in Lagos. Under the LMDP, there are four major components: * Urban upgrading in 9 slum areas, * Drainage network rehabilitation, * Solid waste management, and * Capacity building and institutional development. The activities under the infrastructure investments for upgrading 9 slum areas will entail civil works in upgrading subprojects in Agege, Ajegunle, Amukoko, Badia, Bariga, Ijeshatedo/Itire, llaje, lwaya and Makoko. The rehabilitation works in these slum areas will be in the following sectors: water supply, roads, footpaths, drainage, power reticulation, private and public sanitation facilities, solid waste management, markets, street lighting, recreational facilities, schools, clinics, community facilities, etc. The final agreement with the communities on the investment packages for the nine upgrading areas and their designs would be completed within the first 9 months of the project implementation, with construction to begin in month 15 of the project. All of the slum upgrading civil works will have an Environmental and Social Impact Assessment (ESIA) integrated into the engineering design scope of work. 2 Lacos Metropolitan Development Proiect - Final ESIA As for solid waste, detailed engineering designs for 6 transfer stations and upgrading of the dumpsite will be contracted out to consultants, and, as a part of the consultants' scope of work, a thorough ESIA would be undertaken for these civil works. Concerning drainage, a comprehensive hydraulic model (sitting on top of the drainage GIS layer) will be developed before any serious rehabilitation works are designed for the overall network improvements. For the first year's program, an initial 26.6 kilometres of cleaning and drainage channel reshaping (to original design cross sections and vertical slopes) of drains associated with the nine slum upgrading areas will be contracted out as civil works. These are the primary focus of this specific ESIA. Thus, in recognition of the fact that environmental and social concerns may arise as a result of the proposed project, the Lagos State Government commissioned an Environmental and Social Impact Assessment (ESIA) study and a Resettlement Policy Framework (RPF) in fulfilment of the World Bank requirements for project appraisal. The World Bank's Operational Policy (OP) 4.01 requires that the ESIA report be disclosed as a separate and stand alone document by the Lagos State Government and the World Bank, as a condition for Appraisal of the LMDP. The disclosure should be both in Lagos where it can be accessible by the general public (including at the local government areas) as well as the Infoshop at the World Bank. 1.2 Objectives of the Environmental and Social Assessment (ESIA) The objectives of the ESIA study for the LMDP are to: * identify the possible negative environmental and social impacts of the project as presently planned for implementation in the first year's program of the project; and * propose measures required to mitigate these potential negative impacts. For the first year's program, the negative impacts could be coming from the drainage network rehabilitation and improvements of existing 26.6 kilometers of drainage. Specific objective of the EIA Study focus on the following issues: * the effects of desilting these 26.6 kilometers of drains and the potential to worsen the flooding of neighborhoods downstream. * assessment of soils disposal management scheme for the materials to be extracted from the drains. * propose mitigative measures including traffic management plan. 3 Lagos Metropolitan Development Proiect - Final ESIA 2. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK 2.1 General In Nigeria, environmental issues were of concern to the Government in the late 1980s. The Federal Military Government of Nigeria created Federal Environmental Protection Agency (FEPA) by Decree No 58 of 1988, and then formalised its functions by Decree No 59 in 1992. The two documents became known as the FEPA Act. The Agency was created as an integral part of the Presidency with responsibility for the "protection and development of the environment and biodiversity conservation and sustainable development of Nigeria's natural resources". It became the Agency's duty to establish such environmental criteria, guidelines, specifications and standards for the protection of the nation's air and inter-state waters as may be necessary to protect the health and welfare of the population from environmental degradation. The FEPA Act encouraged States and Local Government Councils to set up their own Environmental Protection Bodies for the purposes of maintaining good environmental quality in their respective areas. In 1991, FEPA released its Regulations with respect to pollution abatement in industries and facilities generating wastes and effluent limitation. The text of the Regulations rules that "no industry of facility shall release hazardous or toxic substances into the air, water or land of Nigeria's ecosystems beyond limits approved by the Agency". Equally, every industry is required to install anti-pollution equipment for detoxification of effluent and chemical discharges emanating from the industry. Moreover, an industry or facility shall: - Have a pollution monitoring units within its premises; - Have on site a pollution control; or - Assign responsibility for pollution control to a person or body accredited by the Agency. Schedule 1 of the Regulations establishes a list of industries required to control their effluent emissions and waste water parameters applicable to this industry. Schedule 2 and 3 impose effluent and gaseous emissions limits. In 1992, the Government issued Environmental Impact Assessment Decree No 86, which specified in its article 2-(1) that "the public or private sector of the economy shall not undertake or embark or authorise projects or activities without prior consideration, at an early stages, of their environmental effects". The Decree set out the procedures and methods to enable the prior consideration of environmental impact assessment on certain private and public projects and gave specific powers to the FEPA to facilitate environmental assessment process. In 1999, the Government abolished FEPA and created a Federal Ministry of Environment. At the time it also incorporated nine departments from other Ministries. The mandate of the new Ministry is to co-ordinate environmental protection and natural resources conservation for sustainable development and specifically to: * Secure a quality of environment adequate for good health and well being; * Promote the sustainable use of natural resources; * Restore and maintain the ecosystem and ecological processes and preserve biodiversity; * Raise public awareness and promote understanding of linkages of environment; and * Co-operate with government bodies and other countries and international organisations on environmental matters. The organisational structure of FMEnv is shown in Figure 2-1 next page 4 Laqos Metropolitan Development Project - Final ESIA Figure 2-1: FMEnv organisational structure / / 'Jw'eY 'SWe. / i t/ _______ ,~~ ~ ~~ | ___s __________ Zo~~~~~~~~~P sPna.r ....... s 1 ... :4eI-t . rXac.t.ce,. r =