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FEDERAL GOVERNMENT OF NIGERIA
FEDERAL MINISTRY OF WATER RESOURCES
Third National Urban Water Sector Reform Project
(NUWSRP3)
Environmental and Social Management Framework
(ESMF)
FINAL REPORT
Project Coordinating Unit (PCU)
National Urban Water Sector Reform Project (NUWSRP)
20, Lingu Street, Wuse II,
Abuja.
June, 2013
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TABLE OF CONTENTS
TABLE OF CONTENTS ... ... ... ... ... … … … 1
LIST OF TABLES ... ... ... ... ... … … … … 3
LIST OF FIGURES … … … … … … … … … 4
LIST OF ACRONYMS & ABBREVIATIONS … … … … … 5
EXECUTIVE SUMMARY … … … … … … … … 7
CHAPTER ONE: Introduction … … … … … … … 11
1.1 Background … … … … … … … … 12
1.2 Objectives of the ESMF … … … … … … … … … 12
1.3 Scope of Work … … … … … … … … … … 12
1.4 Study Approach and Methodology … … … … … … 13
1.5 Structure of ESMF Report … … … … … … … 14
CHAPTER TWO: Description of Proposed Project … … … … 15
2.1 Project Overview … … … … … … … … 15
2.2 Project Components … … … … … … … … 15
CHAPTER THREE: Baseline Data … … … … … … … 19
3.1 Project Area and Location … … … … … … … 19
3.2 Water Supply Status … … … … … … … 20
3.3 Nigeria Water Resources and Sources … … … … … … 21
CHAPTER FOUR: Description of the World Bank Safeguard Policies … … 23
4.1 OP/BP 4.01 Environmental Assessment … … … … … … 24
4.2 OP/BP 4.12 Involuntary Resettlement … … … … … … 25
4.3 OP/BP 4.37 Safety of Dams … … … … … … … 25
4.4 OP/BP 7.50 Projects on International Waterways … … … … … 26
CHAPTER FIVE: Administrative, Policy, Legislative and Regulatory Framework .. 27
5.1 Administrative Structure for the Water Sector … … … … … 27
5.1.1 Administrative Structure at the Federal Level … … … … 27
5.1.2 Administrative Structure at the State Level … … … … 28
5.1.3 Administrative Structure at the Local Government Level … … 29
5.2 Administrative Structure for Environmental Management at the Federal Level 30
5.3 Administrative Structure for Environmental Management at the State Level 30
5.4 Relevant Federal Policies … … … … … … … 31
5.5 Legal Framework … … … … … … … … 32
5.6 Membership of International River Basin Commission … … … 35
CHAPTER SIX: Potential Environmental and Social Impacts … … 36
6.1 Introduction … … … … … … … … … 36
6.2 Positive Environmental and Social Impacts … … … … … 36
6.3 Mitigation Measures … … … … … … … … 44
2
CHAPTER SEVEN: Institutional Assessment and Framework for Environmental
and Social Management … … … … … 48
7.1 Institutional Roles and Responsibilities … … … … … … 48
7.2 Capacity Assessment to perform Attributed Institutional Roles … … … 50
7.3 Training Needs … … … … … … … … … 51
7.4 Cost Estimates … … … … … … … … … 52
CHAPTER EIGHT: Environmental and Social Assessment Process … … 53
8.1 Introduction … … … … … … … … … 53
8.2 The Environmental and Social Management Process … … … … 53
8.3 Costs of Preparing ESIAs … … … … … … … … 54
8.4 Environmental and Social Management Plans for Subprojects … … … 56
8.5 Estimated Budget for Implementing ESMF … … … … … 57
CHAPTER NINE: Monitoring Plan … … …. …. … … … 58
9.1 Introduction … … … … … … … … … 58
9.2 Monitoring Roles and Responsibilities … … … … … 59
9.3 Costs for Implementing the Monitoring Plan … … … … … 60
CHAPTER TEN: Public Consultation … … … … … … 63
10.1 Introduction … … … … … … … … … 63
10.2 Consultation Strategy … … … … … … … … 63
10.3 Summary of Public Consultation … … … … … … 63
10.4 Consultation Plan … … … … … … … … 66
ANNEXES
Annex 1: List of Officials Consulted during the Preparation of the ESMF … … 67
Annex 2A: List of Stakeholders Consulted in Bauchi State … … … … 68
Annex 2B: List of Stakeholders Consulted in Ekiti State … … … … … 69
Annex 3: Summary of World Bank Safeguards Policies … … … … … 71
Annex 4: Terms of Reference for EAs/ESIAs required of the SWAs … … … 74
3
LIST OF TABLES
Table 3.1 Nigeria’s Geopolitical Zones … … … … … … 19
Table 6.1 Summary of the Potential Environmental & Social Impacts
of the NUWSRP3 … … … … … … … 41
Table 6.2 Summary of Environmental Mitigation Measures … … … 44
Table 6.3 Impacts from Activities in the Water Treatment Plants … … … 46
Table 7.1 Summary Table of Institutional Framework for Environmental
and Social Management … … … … … … … 49
Table 7.2 Proposed training program for the implementation of ESMF … … 52
Table 8.1 Estimated Budget for Implementation of ESMF… … … … 57
Table 9.1 Generic Monitoring Plan for the NUWSRP3 Based on the
Mitigation Measures … … … … … … … 61
Table 10.1 Summary of Stakeholders Consultation … … … … … 64
Table 10.2 Consultation Plan … … … … … … … 66
4
LIST OF FIGURES
Figure 3.1 Map of Nigeria showing the project States … … … … 19
Figure 8.1 Key Stages in Project Cycle … … … … … … 55
5
LIST OF ACRONYMS & ABBREVIATIONS
ADP Agricultural Development Project
AfDB African Development Bank
BASEPA Bauchi State Environmental Protection Agency
BIPU Bureau of Infrastructure and Public Utilities
BP Bank Procedure
BSWB Bauchi State Water Board
EKSEPA Ekiti State Environmental Protection Agency
EKRUWASSA Ekiti Rural Water Supply & Sanitation Agency
EKSWC Ekiti State Water Corporation
EKWMB Ekiti State Water Management Board
EMP Environmental Management Plan
ESA Environmental Sensitive Area
ESIA Environmental and Social Impact Assessment
ESMF Environmental and Social Management Framework
ESMPs Environmental and Social Management Plans
FCT Federal Capital Territory
FEPA Federal Environmental Protection Agency (now FMEnv)
FGN Federal Government of Nigeria
FMEnv Federal Ministry of Environment
FMWR Federal Ministry of Water Resources
IDA International Development Association
IBNET International Benchmarking Network
IMM Impact Mitigation and Monitoring (branch under the EIA division of FMEnv)
JMP Joint Monitoring Programme
LCBC Lake Chad Basin Commission
LGA Local Government Area
M&E Monitoring & Evaluation
MCH Maternal & Child Health
NBA Niger Basin Authority
NGO Non-Governmental Organization
NUWSRP1 First National Urban Water Sector Reform Project
NUWSRP2 Second National Urban Water Sector Reform Project
NUWSRP3 Third National Urban Water Sector Reform Project
NWRI National Water Resources Institute
NWRP National Water Rehabilitation Project
NWSSP National Water Supply and Sanitation Policy
OBA Output Based Aid
OP Operational Policy
PCU Project Coordinating Unit
PHC Primary Healthcare Centre
PHWC Port Harcourt Water Corporation
PIM Project Implementation Manual
PPM Parts Per Million
PPP Public Private Partnership
PSP Private Sector Partner or Private Sector Participation
PTF Petroleum Trust Fund
RAP Resettlement Action Plan
RBDA River Basin Development Authority
RFP Request For Proposal
6
RMWRRD Rivers State Ministry of Water Resources and Rural Development
RPF Resettlement Policy Framework
RUWASSA Rural Water Supply & Sanitation Agency
RWSS Rural Water Supply Strategy
SE Supervising Engineer
SEPAs State Environment Protection Agencies
SMEnv State Ministry of Environment
SMWR State Ministry of Water Resources
SPIU State Project Implementation Unit
SWAs State Water Agencies
TOR Terms Of Reference
UCC Utilities Charges Commission
UNICEF United Nations International Children’s Emergency Fund
WB World Bank
WHO World Health Organization
WTP Water Treatment Plant
7
EXECUTIVE SUMMARY
Project Background
As part of continued efforts in ensuring water supply to the urban areas and following the successful
implementation of the ongoing First and Second National Urban Water Sector Reform Project (NUWSRP
1&2), the Federal Government of Nigeria requested the World Bank financing for the Third National
Urban Water Sector Reform Project (NUWSRP3). Three states under Tier-1, Bauchi, Ekiti and Rivers
States have been principally selected to participate in the project.
In recognition of the fact that environmental and social concerns may arise as a result of the proposed
project, the Government of Nigeria represented by the Federal Ministry of Water Resources (FMWR) is
developing an Environmental and Social Management Framework (ESMF) in fulfillment of the Bank
requirements for project appraisal. The ESMF establishes a mechanism to determine and assess future
potential environmental and social impacts of the participating State Water Agencies (SWA’s) subproject
investments under the NUWSRP3, and then sets out mitigation, monitoring and institutional measures to
be taken during implementation and operations of the proposed investments, to eliminate their adverse
environmental and social impacts, offset them, or reduce them to acceptable levels. The ESMF was
prepared in accordance with applicable World Bank guidelines and safeguard policies as well as the
Nigerian environmental assessment guidelines.
Project Description
The project development objective is to increase access to sustainable and safe water and improved
sanitation to households in the three selected states. The strategic approach is to facilitate the
transformation of the way water supply services are provided, by supporting the introduction of sector
reforms aimed at improving efficiency and sustainability of operations, accompanied with significant
improvements in water service delivery in both quality and coverage.
Project Component
The project consists of three components, namely:
Component 1: Rehabilitation and Expansion of Water Production and Distribution Facilities
and Small Towns Water Supply Improvement through PPP in the selected States. ($300M)
Investment under this component will include large Public Private Partnership (PPP) transactions in the
rehabilitation and expansion of water production and distribution facilities. It will also include
implementation of pilot experiences in the provision of small towns’ water services. The Small Towns
water component will be built on the experience of successful projects in Uganda, Colombia and
Paraguay, where “reverse concessions” allow the private sector in partnership with local governments and
water users associations to provide public and private financing for the construction and/or operation of
water supply systems under negotiated tariff. Payment may include an output-based system where
feasible.
Component 2: Institutional Reform, Capacity Building and Emergency Works at the State
Level ($45M)
This component will finance studies, training, goods, emergency and rehabilitation works and services in
the remaining selected States to lay a solid foundation for reform. Support to these States will be
customized into two levels of support: Tier-2 support would include establishment of water policy and
law, customers enumeration (cadaster), improving revenue billing and collection, tariff reform, regulatory
reform, improving financial management, reduction of non-revenue water including metering,
implementation of limited emergency works to maintain minimum service standards, and strategic
training of the State Water Agency (SWA) staff as well as development of urban water supply master-
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plans. States preliminary identified under this tier-2 include Kano, Gombe, Benue, Jigawa, Ondo, Abia
and Plateau.
Component 3: Institutional Reform, Capacity Building and Project Management at the Federal
Level ($15M)
This component will be implemented by the Federal Ministry of Water Resources, and will cover
Capacity Building and Institutional Reform and Project Management, Monitoring & Evaluation
Baseline Data
Project Areas and Location
The states where the project will be implemented are Bauchi, Ekiti and Rivers States. In Bauchi State the
project sites will be located in Bauchi town, Ningi, Bununu, Yana, Kirfi and Darazo and in Ekiti State the
project will focus on the capital city Ado Ekiti and the University town of Iworoko in Ado. Project
activities will also be carried out in Port Harcourt and Obio Akpor LGA of Rivers State.
Water Supply Status
The baseline data on the water supply status nationally and in the participating states is discussed in
Chapter Three. The Chapter also contains information on Nigeria’s water resources and river sources in
the states.
Environmental and Social Requirements
The FGN by its Federal and State Laws and Decrees and the World Bank's Operational and Procedural
Policies, specifically OP 4.01 requires the government to prepare an ESMF. OP 4.01 further requires that
the ESMF report must be disclosed as a separate and stand-alone document by the Government of Nigeria
and the World Bank as a condition for Appraisal. The disclosure should be both in country and at the
Infoshop of the World Bank. The date for disclosure must precede the date for appraisal of the project.
Triggered World Bank Environmental and Social Safeguard Policies
The project is categorized as a B implying that the potential environmental and social impacts will be
minor, site-specific and manageable to a reasonable level. The environmental and social impacts of the
NUWSRP3 will come from the activities and investments to be made under Components 1 and 2 of the
project. The proposed project has triggered the following policies: OP/BP 4.01: Environmental
Assessment; OP/BP 4.12: Involuntary Resettlement; OP/BP 4.37: Safety of Dams and OP/BP 7.50:
Projects on International Waterways. Details of the Bank’s Environmental and Social Safeguard Policies
are presented in Annex 3.
Administrative, Policy, Legislative and Regulatory Framework
The Institutions and Agencies responsible for the administration and regulation of water resources/
services, and environmental management at the Federal, State and Local Government levels are discussed
in Chapter Five.
Potential Environmental and Social Impacts
The project interventions will have some limited positive and negative environmental and social impacts.
Adverse potential impacts likely to occur during construction/rehabilitation phases of the water project
may include: loss of vegetation cover; degradation of landscape and soil erosion because of improper
disposal of excavated materials and construction waste, spillage of oil and toxic substances during the
rehabilitation, use of temporary construction sites; use of borrow pits; noise and vibration disturbances
during trench excavation; air pollution (dust) related to increased truck traffic during the construction;
pollution of water resources (surface and groundwater) and soil; increased population and attendant
crimes and communicable diseases. On the positive angle, the rehabilitation of water treatment plants and
water distribution networks will improve water supply and sanitation and thus reduce water and sanitation
9
related diseases and child mortality. It will also alleviate poverty and facilitate the attainment of the
Millennium Development Goals. A more comprehensive assessment of the potential impacts is discussed
in Chapter Six with the corresponding mitigation measures.
Institutional Assessment and Framework for Environmental and Social Management
The roles and responsibilities of key institutions for the purposes of this ESMF are discussed in Chapter
Seven and summarized in Table 7.1 below:
Summary Table of Institutional Framework for Environmental and Social Management.
Institution Tasks/Activities
Project Coordinating Unit (PCU) at
Federal Ministry of Water
Resources(FMWR)
Project Coordination and Oversight; reporting to IDA
Federal Ministry of Environment
(FMEnv)
Review, approval and clearance of ESIAs;
Monitoring SEPAs and reporting to FMWR.
State Ministry of Environment Review of ESIAs; Monitoring SWAs and reporting to
FMEnv.
State Project Implementation Unit
(SPIU) or the State Water Agencies
(SWAs)
Prepare ESIAs; Self-monitoring and reporting to SEPAs
and FMWR.
The Chapter also proposes a training program estimated at US$124,000.
Environmental and Social Management Process
The Environmental and Social Assessment Process is contained in Chapter Eight with the following key
steps: (i) Preparation of an Environmental and Social Impact Assessment (ESIA) - each SWA is required
to prepare an ESIA for their sub project/activities; (ii) Incorporation of Mitigation Measures into the
Design - the SWAs will re-introduce into/adjust/adapt/revise their sub project technical and engineering
designs, the required mitigation measures identified in the prepared sub project ESIA, before submission
of the entire sub project proposal for review and subsequent clearance; (iii) Submission of proposals to
respective SMEnv - the respective SMEnv of the state in which the participating SWA is located will
review and clear the sub projects from an environmental and social standpoint for onward transmission
for approval, (iv) Approval for Funding - Approval for funding will be will be subject to the FMEnv and
Bank’s review and approvals of the ESIAs. The total cost of preparing the ESIA is estimated US$
240,000. The institutional arrangement for the management of the ESMP is also elaborated.
Monitoring Plan
Chapter Nine contains a generic Monitoring Plan, with verifiable indicators, monitoring roles and
responsibilities to implement this plan. A lump sum of US$150,000 is estimated for bi–annual reviews.
Public Consultation
Chapter Ten discusses the strategy and outcome of different consultations held with key stakeholders in
participating states as well as the plan for further consultations. Feedback from participants centered on
the urgent need for provision of potable water supply, compensation for would be project affected
persons, prevention of disruption of utility services during civil works, and the employment of indigenes
during project implementation.
10
Budget
The total cost to implement the ESMF is estimated at US$514,000. The breakdown is as shown in the
table below:
Table 8.2: Estimated Budget for the Implementation of ESMF
S/N Activity Quantity Unit Cost ($) Total ($)
1 Training on implementation of
ESMF 4 31,000 124,000
2 Preparation of ESIA 3 80,000 240,000
3 Bi-annual Review of ESMF
performance 3 50,000 150,000
Total 514,000
11
CHAPTER ONE: INTRODUCTION
1.1 Background
Water is one of the basic needs of man and is a key driver of sustainable economic growth and poverty
alleviation. Water supply and sanitation are central to improvements in so many aspects of human
development, such as health, education and poverty reduction. The linkage between water supply and
sanitation and the poor performance of a cluster of key sectors, including Health, Education, Agriculture,
Environment, Industry, Power and Sub-urban development is obvious.
The Nigerian government, over the years have made efforts to improve the deplorable water supply and
sanitation situation in the country. The World Bank and other development partners have in the past
provided fund supports for the Rural, Small Towns and Urban water supply. The supports have assisted
the government to reach the current status of 58% national access to water supply and 32% access to
sanitation. However, despite the considerable investment in the Water and Sanitation sector, a large
population still does not have access to water in adequate quantity and quality.
According to the 2012 report of the UNICEF/WHO Joint Monitoring Programme (JMP) for Water
Supply and Sanitation, access to improved water supply in Nigeria nationally is 58% with 74% of the
urban population having access and 43% of the rural population. This implies that as many as about 70
million Nigerians have no access to improved water supply. The JMP report estimates that between 1990
and 2010, the percentage of urban drinking water coverage has fallen by 5%, from 79% to 74%. Many
households often the poorest end up purchasing water from private vendors much more expensively than
the public supply. Water supply services, where they exist, are still unreliable and of low quality and are
not sustainable because of difficulties in management, operation and pricing and failure to recover costs.
Many water supply systems show extensive deterioration and poor utilization of existing capacities, due
to under-maintenance and lack of funds for operation.
As part of continued efforts in ensuring water supply to the urban areas, the Nigeria government, through
the assistance of the World Bank is implementing the First and Second National Urban Water Sector
Reform Project (NUWSRP 1&2) in some selected states of Kaduna, Ogun, Enugu, Lagos, and Cross
River States. In order to build on the gains of the ongoing urban water sector reforms and to scale up
access to sustainable and improved water supply, the Federal Government of Nigeria has requested the
World Bank financing for the Third National Urban Water Sector Reform Project (NUWSRP3) which is
to cover principally three states, namely: Bauchi, Ekiti and Rivers States.
The proposed civil works to be carried out during the implementation of the project have raised
environmental and social safeguard concerns. The project is categorized as a B implying that the potential
environmental and social impacts will be minor, site-specific and manageable to a reasonable level. Based
on the information provided until this stage, the Project triggers four World Bank safeguard policies,
namely, Environmental Assessment (OP/BP4.01), Involuntary Resettlement (OP/BP4.12), Safety of
Dams (OP/BP 4.37) and Projects on International Waterways (OP/BP7.60).
Therefore, in compliance with Federal and State laws of Nigeria and the World Bank’s Safeguards
Policies, the Government of Nigeria, represented by the Federal Ministry of Water Resources (FMWR)
has to prepare this Environmental and Social Management Framework (ESMF), to establish a mechanism
to determine and assess future potential environmental and social impacts of the participating State Water
Agencies (SWA’s) subproject investments under the NUWSRP3, and then sets out mitigation, monitoring
and institutional measures to be taken during implementation and operations of the proposed investments,
to eliminate their adverse environmental and social impacts, offset them, or reduce them to acceptable
levels. Essentially, the ESMF draws heavily from that of the NUWSRP1 and NUWSRP2 which has been
revised as needed to reflect the characteristics and needs of the NUWSRP3.
12
The FGN is also further required to disclose this document in-country as a separate and stand alone
document so that it is accessible by the general public, local communities, present and future customers of
the water sector, potential project affected people, local NGO’s and all other stakeholders and also at the
infoshop of the World Bank and the date for disclosure must precede the date for appraisal of the project.
Since the project investments mentioned above have not yet been clearly identified, the three participating
states will be required to prepare a separate and stand alone Environmental and Social Impact Assessment
(ESIA), which would then subsequently have to be cleared by their States Ministry of Environment
(SMEnv), the Federal Ministry of Environment (FMEnv) and World Bank, prior to approval of their
planned/proposed investments. These ESIAs would be the instruments through which the sub projects
environmental and social impacts are identified and assessed. The ESIAs would also evaluate alternatives
and design appropriate mitigation, management and monitoring measures.
1.2 Objectives of the ESMF
The objectives of this ESMF are to:
Establish clear procedures and methodologies for the environment and social planning, review,
approval and implementation of subprojects to be financed under the project;
Specify appropriate roles and responsibilities and outline the necessary reporting procedures for
managing and monitoring environmental and social concerns related to subprojects;
Determine the training, capacity building and technical assistance needed to successfully
implement the provisions of the ESMF;
Establish the project funding required to implement the ESMF requirements; and
Provide practical resources for implementing the ESMF.
1.3 Scope of Work
The scope of work entailed:
(i) Collection and review of existing ESMF prepared for the NUWSRP1 & NUWSRP2;
(ii) Review of the Concept Notes of NUWSRP3 and participating states, Mission Aide Memoir’s,
Integrated Safeguards Data Sheet (ISDS), Project Implementation Manual (PIM), the Constitution
of the Federal Republic of Nigeria, numerous relevant federal, state, and local laws, regulations,
decrees, acts, policies and guidelines, World Bank Safeguards Policies and other relevant
documents;
(iii) Discussions and consultations with the National Project Coordinating Unit (PCU) of the FMWR,
FMEnv, SWAs, SMEnv, SEPAs, potential projected affected persons and other stakeholders;
(iv) Preparation of draft ESMF for review and
(v) Preparation of final ESMF.
Another Safeguards instrument, the Resettlement Policy Framework (RPF) has also been prepared as a
separate document. The RPF establishes the resettlement and compensation principles, organizational
arrangements and design criteria to be applied to meet the needs of the people who may be affected by the
project activities requiring land acquisition and /or denial, restriction or loss of access to economic
resources. The RPF will also be disclosed before appraisal of this project.
1.4 Study Approach and Methodology
This ESMF was prepared in accordance with applicable World Bank guidelines and safeguard policies as
well as the Nigerian environmental assessment guidelines. The distinct phases of the study include:
Literature Review/Desktop Studies;
Data Gathering /Collection of Baseline Information;
Field Visits and Stakeholders Consultation; and
Preparation of ESMF Report.
13
Literature Review/Desktop Studies
The approach was based on comprehensive review of previous works and literature on the NUWSRP and
the water sector in Nigeria as well as other strategic planning documents at the national and state levels.
Specifically the following were reviewed: existing ESMF prepared for the NUWSRP1 and NUWSRP2;
Concept Notes of the NUWSRP3 and participating states, Mission Aide Memoir’s, ISDS, PIM, federal,
state, and local environmental and water related laws, regulations, decrees, acts, policies and guidelines,
Roadmap for Nigeria water sector, World Bank Safeguards Policies; literature on general management
conditions for construction contracts and other relevant documents.
Data Gathering /Collection of Baseline Information
The approach entailed gathering and evaluation of relevant information from the PCU, SWAs, SMEnv
and SEPAs. Information obtained included institutional arrangements and capacity to implement
environmental and social management process and mitigation process at the state levels as well as
baseline data related to the physical, biological and socio-cultural environment for each participating
State.
Field Visits and Stakeholders Consultation
Field visits were carried out to participating states. During the visits, discussions and consultations were
held with State Project Implementation Unit (SPIU), officials of the SWAs, SMEnv and SEPAs. Officials
of the PCU of the FMWR and the FMEnv were also consulted. A questionnaire/check list was developed
to guide the consultation process. (See Annex 1 for complete list of officials consulted during the
preparation of the ESMF).
Using the specific circumstances of each state, the institutional arrangements and capacity to implement
the proposed environmental and social management process and mitigation measures was assessed and
discussions held to determine appropriate recommendations to determine appropriate recommendations
for improvement in service delivery, mitigation, monitoring, institutional requirements and their training
and capacity building needs.
It was observed that the SWAs remained extremely supportive of the planned NUWSRP3 and their level
of support was evident in their enthusiasm to participate and their lively contribution to the discussions
and field visits, and also in their verbal statements. In this spirit of commitment, support and ownership,
the recommendations reached in this report were jointly agreed to as reflecting the needs of the SWAs,
SMEnv and the SEPAs and were thus seen as sustainable. The discussions and consultations with the
FMWR, SWAs, SMEnv and SEPAs proved invaluable in designing and coming up with appropriate
solutions and recommendations that the SWAs could claim ownership of and thus ensure the
sustainability of the project as a whole. The discussions and consultations formed the backbone of the
work done by the consultant.
1.5 Structure of ESMF Report
The ESMF report is structured into ten chapters as follows:
Chapter One: provides a background to the project and discusses the objectives, scope, approach and
methodology of the ESMF study as well as the structure of the report.
Chapter Two: describes the proposed project, provides a broad overview and highlights the project
objectives and components.
Chapter Three: presents the baseline data of the water situation in the country and in the participating
states.
14
Chapter Four: discusses the triggered World Bank Safeguard Policies.
Chapter Five: describes the administrative, policy, legislative and regulatory framework for water
resource and environmental management.
Chapter Six: identifies the potential environmental and social impacts that may be associated with the
project and prescribes mitigation measures.
Chapter Seven: discusses the institutional assessment and the framework for environmental and social
management.
Chapter Eight: describes the environmental and social assessment process.
Chapter Nine: presents the monitoring plan and outlines the roles, responsibilities and cost of
implementing the plan.
Chapter Ten: discusses the Public Consultation process and highlights the concerns, feedback and
recommendations proffered by stakeholders.
15
CHAPTER TWO: DESCRIPTION OF PROPOSED PROJECT
2.1 Project Overview
The Third National Urban Water Sector Reform Project (NUWSRP3) is designed as a scale up to the on-
going First and Second National Urban Water Sector Reform Project (NUWSRP1&2). The lessons learnt
in the on-going urban water projects have been taken into account in the design of the NUWSRP3 so as to
make it have meaningful impacts and sustainable results.
The project development objective is to increase access to sustainable and safe water and improved
sanitation to households in three selected states. The strategic approach is to facilitate the transformation
of the way water supply services are provided, by supporting the introduction of sector reforms aimed at
improving efficiency and sustainability of operations, accompanied with significant improvements in
water service delivery in both quality and coverage.
The project adopted a three tier approach in the selection of participating states in order to maximize
impact, encourage performance based competition amongst states, promote transparency and to provide a
common platform to access funds from other donors. Three states under Tier-1, Bauchi, Ekiti and Rivers
States have been principally selected to participate in the project and will be supported with large
investments by the Bank.
2.2 Project Components The NUWSRP3 has three components. The project components and key activities under each of them are
discussed below:
2.2.1 Component 1: Rehabilitation and Expansion of Water Production and Distribution
Facilities and Small Towns Water Supply Improvement Through PPP in the Selected States. (Total of $300M)
Subcomponent 1.1 - Rehabilitation and Expansion of Water Production and Distribution Facilities
The Credit would support the three states, and any other reforming State (Tier 1) in completing ongoing
sector reform processes, as well as implementation of large investments to rehabilitate and expand water
production and distribution facilities to improve and extend access to water supply services in a
sustainable manner. Specific activities under this component would include:
(a) Technical Assistance to support consolidations of water sector institutional and regulatory reform,
including establishment and elaboration of respective legal and regulatory frameworks and entities;
capacity building of sector staff; institutional reforms; technical and legal studies, tariff and demand
studies, including serving vulnerable populations such as the poor; and other activities related to the
reforms in these States (including those elaborated under Component 2 below, as required);
(b) Rehabilitating and replacing aging and ill maintained pipes and collectors;
(c) Improving and extending services to the potential customers;
(d) Restoring capacity of water intake facilities and treatment plants, and storage capacity, etc.;
(e) Installation and provision of equipment and facilities that will permit a more technical management of
the water system, including managing water quantity, i.e. bulk and micro-meters, billing and accounting
system, GIS and geo-referencing software, equipment and appliance, including customer management
and office space; as well as water quality, such as water quality laboratories, equipment, chemicals and
associated facilities.
In Rivers State, the sub component will cover Port Harcourt and Obio Akpor Local Government Areas. It
will involve civil works encompassing primarily (i) rehabilitation and augmentation of water production
16
and treatment systems, (ii) rehabilitation and extension of water transmission and distribution networks,
and (iii) installation of house connections, customer and bulk meters.
In Bauchi State, this sub component will cover the city of Bauchi and will specifically entail:
Improvement of the transmission capacity from Gubi Dam Treatment Facilities to guarantee
uninterrupted water supply from Bauchi Water Treatment Plan to 22,000 m3 clear water reservoirs,
from where water is distributed to the city of Bauchi.
Rehabilitation of 50 km of the water distribution network in high-density population areas of the city,
serving among others the poor residents
Replacement of dysfunctional and installation of new water meters at production and major
distribution points at the network; connecting meters into a system that supports operation and
investment decision process
Equipping and rehabilitation of the Water Treatment Plant laboratory to provide accurate and timely
information on water quality to Bauchi WSB.
Emergency interventions for Ensuring Safe Water Supply to finance the implementation of the
activities recommended by the Dam Safety Review undertaken during project preparation for Gubi
Dam.
In Ekiti State, the sub component will support the SWA in improving capacity utilization, improved
distribution network and service coverage expansion in the capital city Ado Ekiti and the nearby
University town of Iworoko. This may entail rehabilitation of the Ero Water scheme; relaying of
distribution and extension pipelines and construction of reinforced concrete reservoirs.
Sub-Component 1.2 Small Towns Water Supply Improvement in the selected States.
This sub-component will support the implementation of pilot sub-projects in the provision of
small towns’ water services. The Small Towns water component will focus on individual or
bundles of towns that have been pre-identified, within the Tier 1 States being financed through the Bank
project. It will take lessons where appropriate from the experience of successful projects in Uganda,
Colombia and Paraguay, where “reverse concessions” allow the private sector in partnership with local
governments and water users associations to provide public and private financing for the construction
and/or operation of water supply systems under negotiated tariff. Payment may include an output-based
system where feasible.
In Rivers State, the Terabor water supply network extension project in Gokana LGA is proposed for
funding under this sub component whilst in Bauchi State, Ningi, Bununu, Yana, Kirfi and Darazo towns
are being considered to be funded. In Ekiti State, Iworoko, Ikere and Odo towns may likely be funded
under the sub component.
2.2.2 Component 2: Institutional Reform, Capacity Building and Emergency Works at the State
Level ($45M) This component will finance studies, training, goods, relatively small but critical emergency and
rehabilitation works and operational, financial, and administrative actions in the remaining nine selected
States to lay a solid foundation for reform. Support to these States will support: Tier-2 States and will
include establishment of water policy and law, customers enumeration (cadaster), improving revenue
billing and collection, tariff reform, regulatory reform, improving utility financial management and
accounting systems, reduction of non-revenue water including supply and installation of macro- and
micro metering, implementation of limited emergency works to maintain minimum service standards, and
strategic training of the State Water Agency (SWA) staff as well as development of urban water supply
master-plans. States preliminary identified under this tier-2 include Kano, Gombe, Benue, Jigawa, Ondo,
Abia, Bayelsa, Anambra, and Plateau. The component will work on making these States “finance-ready”
17
for large investments, ensuring that the adequate technical, environmental and social provisions are
incorporated into the investment plans.
2.2.3 Component 3: Institutional Reform, Capacity Building and Project Management at the
Federal Level ($15M) Institutional Reform at the Federal Level, Capacity Building and Project Management ($15M) – This
component will be implemented by the Federal Ministry of Water Resources, and will cover Capacity
Building and Institutional Reform, Performance Monitoring & Evaluation and Support to the National
Hydrological Information Services Agency ($9M) and Project Management ($6M).
Subcomponent 3.1-(a) Institutional Reform and Capacity Building at the Federal Level ($3M). This
subcomponent will support the establishment of a framework that allows a more transparent and efficient
support from the Federal level to the State level. It will comprise the clarification of roles and
responsibilities, innovative mechanisms for co-financing between level of governments (Federal, State
and Local), as well as the elaboration and enactment of associated regulations and financial tools.
Additionally this subcomponent will explore on the feasibility of establishing continuous federal
programs –rather than single projects – that can redress the current geographical and sub-sector dispersion
of donor’s funds that limit projects’ impact. Specific activities under this subcomponent include
financing a Water Public Expenditure Review, the establishment of a common accounting standards and
methodology for water sector boards, study and analysis for potential for unbundling services (production
and distribution) among others. The capacity building would also promote and advocate the use of
monitoring tools to track impact of sector interventions on the poor, vulnerable populations and impacts
by gender, including strengthening of the FMWR Sector M&E and its Gender Unit. Other areas
preliminarily identified for capacity building and to be confirmed during preparation include management
of asbestos-cement pipes, mapping and GIS, rehabilitation and maintenance cycles, security of water
works, asset managements, utility customer relation, pipe and network material and useful live, linkages
and management of sanitation and pollution among others. The capacity building will be carried out with
the support of the different decentralized National Water Resources Institutes being partially financed by
the Urban Water Sector Reform Project 2.
Subcomponent 3.1-(b) Performance Monitoring to Support Institutional Reform ($3M). The
subcomponent will also finance the Monitoring and Evaluation Framework for the project. The objective
of the Monitoring & Evaluation sub-component is to implement performance assessment of Nigeria water
state water boards at the Federal Ministry of Water Resources. The lack of reliable, full and up-to-date
information on the actual situation in the water sector is considered as a serious obstacle for the successful
implementation of the effective policy reforms and establishment of the efficient mechanisms of housing
and communal sector management in the country. The absence of objective and reliable data and
performance parameters lead to considerable financial losses as well as to the poor control of this life-
supporting sector in general. The proposed Performance Monitoring and Information System (PMIS)
based on the tools and instruments of the Bank International Benchmarking Network (IBNET), will assist
the Government in monitoring of the Water Boards performance and progress of sector reforms. The
PMIS will provide real-time presentation of full, valid and up-to-date information on conditions of water
boards and their performance, as well as provide information for comprehensive analysis and establish of
fact-based informed decision process in the water sector at municipal, regional and state levels.
The PMIS will (a) Provide comprehensive information and analytical support to water reforms in Nigeria
at the national, state and lower levels; (b) Guarantee comprehensive information flow on quality and
quantity of the water services provided to population and other customers; (c) provide objective
information for control and correction levels of the tariffs for water and sanitation at the national, state
and municipal levels, and for different customer groups; (d) enhance effectiveness of the management of
the water sector through improvement of the decision making processes on the basis of up-to-date,
18
comprehensive and reliable information on performance of water facilities; (e) generate information for
energy and other resources conservation actions; (f) monitor and prevent emergency situations; (g)
prevent or reduce risk of environmental damage by water and sanitations facilities and their customers.
The proposed pilot with water monitoring system is expected to (a) introduce performance monitoring
and benchmarking of the water sector in Nigeria through: (i) regular collection of technical and financial
data from water boards, (ii) launch of a specific monitoring and benchmarking entity in the Government
of Nigeria; (iii) increase the reliability of data through staff training, through proposed small investments
(e.g. water metering, accounting software, pressure monitor, etc.) and through proposed organizational
and/or managerial changes, and (iv) disseminate of the results to all stakeholders, and (b) Build capacity
to improve the collection and the reliability of the technical and financial data within companies operating
in the water and sanitation sectors both in the urban and peri-urban areas of Nigeria.
Subcomponent 3.1-(c) Support to the National Hydrological Information Service Agency ($3M).
Under this sub-component the project would support additional equipment, personnel and technical
assistance to reinforce the capacity to the Agency to provide reliable information for the Hydraulic and
Hydrological models for the State intervention under Component 1, namely Hydrogeological Areas III, V
and VI for Bauchi, Rivers and Ekiti respectively.
Subcomponent 3.2. Project Management ($6M). Additional fiduciary, safeguards and technical staff
would be financed under this component, as well as other operational and logistical incremental costs
associated with the project as well as for the implementation and supervision of Component 2 and 3
activities.
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CHAPTER THREE: BASELINE DATA
3.1 Project Area and Location
Nigeria is situated in West Africa and it covers an area of 923,768 km2. It lies between latitudes 4
o and
14oN and longitudes 3
o and 15
oE. It shares its 4,047-km international border in the east with Cameroon
Republic, in the north with Niger Republic and Chad, and part of the western boundary with Benin
Republic. In the south, the country is bounded by the Atlantic Ocean’s Gulf of Guinea. Nigeria operates a
federal system of government. The Federal Republic of Nigeria is made up of 36 states and a Federal
Capital Territory (FCT) and 774 Local Government Areas (LGAs). There is a central government with its
headquarters at Abuja. It is now common for reasons of coordination and for representation in national
affairs to regroup the 36 states into six geopolitical zones as follows in Table 3.1.
Table 3.1: Nigeria’s Geopolitical Zones
Zone Constituent States
North West Jigawa, Kaduna, Kano, Katsina, Kebbi, Sokoto, Zamfara
North East Adamawa, Bauchi, Borno, Gombe, Taraba, Yobe
North Central Benue, Kogi, Kwara, Nassarawa, Niger, Plateau
South West Ekiti, Lagos, Ogun, Ondo, Osun, Oyo
South East Abia, Anambra, Ebonyi, Enugu, Imo
South South Akwa-Ibom, Bayelsa, Cross-River, Delta, Edo, Rivers
Federal Capital The Federal Capital Territory (FCT)
The states where the project will be implemented are Bauchi, Ekiti and Rivers States (see figure 3.1).
Bauchi State’s southern and northern limits are demarcated by latitudes 9°30' North and 12°30' North,
respectively, its western and eastern limits are bounded by longitudes 8°45' East and 11°0' East,
respectively. These mark the points of longest and widest stretches of the state. The state's total land area
covers about 49,259 sq. km, about 5.3% of Nigeria’s total land mass. In Bauchi State the project will be
carried out in the city of Bauchi and small towns of Ningi, Bununu, Yana, Kirfi and Darazo in Ningi,
Dass and Kirfi, LGAs.
Figure 3.1: Map of Nigeria showing the project States
Ekiti State is located between Longitudes 40 45
1 and 5
0 45
1 East of Greenwich Meridian and Latitudes 7
0
151 and 8
0 5
1 North of Equator. The State has common boundary with Kwara and Kogi States in the
North, Osun State in the East, Edo State in the West and Ondo State in the South. Ekiti State lies in the
savannah belt of Nigeria with total land area of 6,353 km2 (2,453 sq miles). In Ekiti State the project will
20
focus on the capital city Ado Ekiti and the University town of Iworoko in Ado and Irepodun/Ifelodun
LGAs as well as in Ikere and Odo towns in Ikere and Ado LGAs.
Rivers State is located in Southern Nigeria, in the delta region. Rivers State covers 11,077 square
kilometres. It is bounded on the south by the Atlantic ocean, to the north by Imo, Abia and Anambra
States, to the east by Akwa Ibom State and to the west by Bayelsa and Delta States. The project will be
carried out in Port Harcourt and Obio Akpor LGAs of the state.
3.2 Water Supply Status
3.2.1 National Water Supply Status
According to the 2012 report of UNICEF/WHO Joint Monitoring Programme (JMP) on Water Supply
and Sanitation, access to improved water supply in Nigeria nationally is 58% with 74% of the urban
population having access and 43% of the rural population. This implies that as many as about 70 million
Nigerians have no access to improved water supply. The JMP report estimates that between 1990 and
2010, the percentage of urban drinking water coverage has fallen by 5%, from 79% to 74%.
Rapid population growth has not been accompanied by an increase in the delivery of essential urban
services such as water supply, sewerage and sanitation, and collection and disposal of solid wastes. Many
households often the poorest end up purchasing water from private vendors much more expensively than
the public supply. Water supply services, where they exist, are still unreliable and of low quality and are
not sustainable because of difficulties in management, operation and pricing and failure to recover costs.
Many water supply systems show extensive deterioration and poor utilization of existing capacities, due
to under-maintenance and lack of funds for operation. There is vast disparity in the rates of Water Supply
and Sanitation (WSS) services across states.
3.2.2 Water Supply Status in Bauchi State
According to the Water Supply and Sanitation Baseline Survey (WSSBS) undertaken in 2007 less than
17% of the population of the state, had access to improved drinking water source. The average hours of
water supply do not exceed 7 hours a day due to the poor status of both the distribution network and the
12 km water main that supply clear water reservoirs from a major Water Treatment Plant (WTP). Also
substantial part of the network serving the poorest areas of the Bauchi city has not been replaced during
the last 40-50 years and calls for immediate replacement.
3.2.3 Water Supply Status in Ekiti State
The water supply situation in Ekiti State remains very poor with more than half the present population,
lacking access to safe, reliable and affordable potable water supplies. The current coverage and access
rate is less than 40%. This means that about 60% of the people of the State obtain their water from
alternative sources. These alternative water sources are usually very costly, often impose high labour
requirements for fetching water, and the quality may be suspect. In such a situation, it is usually the poor
or the low income earners that are the culprit, thereby denying them the right to access potable water.
This situation is as a result of or a combination of many factors, including but not limited to: The level of
investment in the sector has not been adequate to match the rapid population growth; Operational costs
are high due to poor power supply, high treatment requirements for surface water sources and long
pumping distances which in turn affect pumping duration; Water has been treated as a social service by
government, and there has been a lack of emphasis on cost recovery; Water unaccounted for is very high
due to ageing equipment and leakages in pipeline distribution networks recently occasioned by damages
during construction of roads, drainages, side walkways and roundabouts for city beautification; Lack of
coordination in the sector, and duplication of efforts between the various organizations. In addition, water
supply has been delivered from the “top-down” approach with government being responsible for all the
decisions. Most development plans have not followed bottom – up, demand-driven approach and has been
21
without community based inputs to planning, designing, operation and maintenance of schemes,
especially at small towns and even urban areas of the State.
3.2.4 Water Supply Status in Rivers State
The Water sector in Rivers State has had a fragmented governance structure with institutional
arrangements that were not properly streamlined. The current state of infrastructure in the state is poor;
caused by years of under maintained facilities as well as decayed and limited pipe network. As a result,
state citizens do not benefit from any water services of acceptable quantity, quality or reliability
standards, as the water system reticulation systems is largely non-existent. Out of the existing 190km of
pipe network only 10km is actually useable today, 180km is mainly asbestos cement pipes that lack
integrity or have been exhumed due to on-going urban renewal programmes. In view of this, water supply
services have declined rapidly over the last 10 years with the lack of funding to replace decayed
infrastructure. The population obtains water from a combination of private boreholes/shallow wells
(directly in their household or bought through intermediate vendors) and water sachets, with varying
quality, costs and availability.
3.3 Nigeria Water Resources and Sources
Nigeria has a vast surface water system (estimated at 226 billion m3) including the two major rivers, the
Niger and the Benue, which traverse the northwest and northeast portion of the country The confluence of
these two rivers is at Lokoja, after which they (river Niger) flow southwards into a Delta at the Gulf of
Guinea where it empties into the Atlantic Ocean.
The River Niger is the most important river in Nigeria and it is the third longest in Africa. The Niger rises
from the Futa Jallon High Lands in the Republic of Guinea, flowing for two thirds of its 4169km through
Guinea, Mali, the Republic of Niger and enters Nigeria from the west and then runs south easterly to
Lokoja, confluence with the River Benue. The Benue River, which has its source in the Cameroon flows
southwesterly to its confluence with the Niger. As the Niger and its principal tributary the Benue, flow
through the territory of nine other countries, this has raised many sub-regional, regional and international
issues for development and management. There are several other rivers and quite a number of minor
streams and rivulets that crisscross the entire Nigeria land mass. They serve as the source of raw water for
most of the State Water Companies in Nigeria which is treated and channeled as potable water for the
urban and peri-urban centers, which are the focus of the NUWSRP3.
Bauchi State is watered by a number of rivers. They include the Gongola and Jama'are rivers. The
Gongola River crosses Bauchi State in Tafawa Balewa LGA in the south and in Kirfi and Alkaleri LGAs
in the eastern part of the state, while the Jama’are River cuts across a number of LGAs in the northern
part of the state. Moreover, a substantial part of the Hadeja-Jama'are River basin lies in Bauchi State,
which along with various fadama (floodplain) areas in the state provides suitable land for agricultural
activities. These are further supported by the number of dams meant for irrigation and other purposes.
These include the Gubi and Tilde-Fulani dams. Gubi dam was constructed 25 years ago with an estimated
storage of 38.4 million cubic meters of water and could be best classified as an old generation dam. The
dam is a heterogeneous zoned multi-purposed earth fill founded entirely on the basement complex rocks
of Nigeria. The primary purpose of the dam is to supply potable water to Bauchi town and its environs.
Ekiti State is blessed with water resources, some of its major rivers are Ero, Osun, Ose, and Ogbese. The
main water scheme is the Ero River Water Project which serves over sixty two towns and villages. The
Ose River Water Supply Project also supplies potable water to Ekiti East and Ikere LGAs. There are four
dams in the state namely, Ureje, Ero, Egbe and Itapaji. Ureje dam in Ado Ekiti is supplied majorly by
Ureje River that originated at a settlement called Oke Aso in Ado Ekiti. There are other two streams
namely Omisanjana and Sije that took their sources from Ile- Abiye area all in Ado Etiki. Ureje River
reduces drastically while Sije dries up during dry season. Omisanjana River is perennial. Ero Dam located
22
at Ikun community in Moba LGA of Etiki State was commissioned in1985 to supply water to nine LGAs
in the State. The dam was located at a confluence of two major Rivers with many tributaries (Ero and
Okunrum).
In Rivers State the rivers which affect and have direct impact on the topography of include among others,
New Calabar, Orashi, Bonny, Sombreiro and Bartholomew. The main source of raw water in the state is
ground water.
23
CHAPTER FOUR: DESCRIPTION OF THE WORLD BANK SAFEGUARD POLICIES
4.0 World Bank Environmental & Social Safeguard Policies
This ESMF has been designed so that all investments under the NUWSRP3 will comply with all Federal,
State and local laws of Nigeria and the Environmental and Social Safeguard Policies of the World Bank.
In this chapter, the Bank’s safeguards policies and their applicability are discussed and in the subsequent
chapter those of Nigeria are presented.
The NUWSRP3 has been categorized as B implying that the expected environmental impacts are largely
site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed
relatively readily. The environmental assessment for a Category B project usually:
examines the project’s potential negative and positive environmental impacts,
recommends measures to prevent, minimize, mitigate, or compensate for adverse impacts, and
recommends measures to improve environmental performance.
The World Bank has 10+1 Environmental and Social Safeguard Policies. They have been designed to
help prevent and mitigate undue harm to people and their environment in the development process and
ultimately ensuring that environmental and social issues are addressed through the project cycle of a
World Bank –financed project. These operational policies include:
OP/BP 4.01: Environmental Assessment
OP/BP 4.04: Natural Habitats
OP 4.09: Pest Management
OP 4.10: Indigenous Peoples
OP 4.11: Physical Cultural Resources
OP/BP 4.12: Involuntary Resettlement
OP 4.36: Forests
OP/BP 4.37: Safety of Dams
OP/BP 7.50: Projects on International Waterways
OP/BP 7.60: Projects in Disputed Areas
Plus 1
OP/BP 17.50: Disclosure of Information
Details of the Bank’s Environmental and Social Safeguard Policies are presented in Annex 3 and can be
found on the World Bank’s official web site www.worldbank.org
The proposed project has triggered the following policies:
1. OP/BP 4.01: Environmental Assessment
2. OP/BP 4.12: Involuntary Resettlement
3. OP/BP 4.37: Safety of Dams
4. OP/BP 7.50: Projects on International Waterways
4.1 OP/BP 4.01: Environmental Assessment
This policy requires environmental assessment (EA) of projects/investments proposed for Bank financing
to help ensure that they are environmentally sound and sustainable, and thus improve decision making.
The EA is a process whose breadth, depth, and type of analysis depend on the nature, scale, and potential
environmental impact of the activities proposed for funding under the NUWSRP3. Environmental
Assessment takes into account the natural environment (air, water, and land); human health and safety;
social aspects (involuntary resettlement, indigenous peoples, and physical cultural resources); and
transboundary and global environmental aspects.
24
OP 4.01 is triggered if a project is likely to present some risks and potential adverse environmental
impacts in its area of influence. The environmental and social impacts of the NUWSRP3 will come from
the activities and investments to be made under Components 1 and 2 of the project.
In Bauchi State, this sub component will cover the city of Bauchi and will specifically entail:
Improvement of the transmission capacity from Gubi Dam Treatment Facilities to guarantee
uninterrupted water supply from Bauchi Water Treatment Plan to 22,000 m3 clear water reservoirs,
from where water is distributed to the city of Bauchi.
Rrehabilitation of 50 km of the water distribution network in high-density population areas of the
city, serving among others the poor residents
Replacement of dysfunctional and installation of new water meters at production and major
distribution points at the network; connecting meters into a system that supports operation and
investment decision process
Equipping and rehabilitation of the Water Treatment Plant laboratory to provide accurate and timely
information on water quality to Bauchi WSB.
Emergency interventions for Ensuring Safe Water Supply to finance the implementation of the
activities recommended by the Dam Safety Review undertaken during project preparation for Gubi
Dam.
In Ekiti State, the sub component will support the SWA in improving capacity utilization, improved
distribution network and service coverage expansion in the capital city Ado Ekiti and the nearby
University town of Iworoko. This may entail rehabilitation of the Ero Water scheme; relaying of
distribution and extension pipelines and construction of reinforced concrete reservoirs.
In Rivers State, the sub component will cover Port Harcourt and Obio Akpor Local Government Areas. It
will involve civil works encompassing primarily (i) rehabilitation and augmentation of water production
and treatment systems, (ii) rehabilitation and extension of water transmission and distribution networks,
and (iii) installation of house connections, customer and bulk meters.
A range of instruments are used to satisfy the Bank’s EA requirement. They include ESMF, ESIA and
Environmental Management Plan (EMP). However, since the exact technical details and location of the
investments in the three selected states will not be identified before appraisal of this project, the EA
process calls for the FGN, represented by the PCU at FMWR, to prepare an ESMF document.
OP 4.01 further requires that the ESMF report must be disclosed as a separate and stand-alone document
by the FGN and the World Bank as a condition for Bank appraisal of the NUWSRP3. The disclosure
should be both in Nigeria where it can be accessed by the general public and at the Infoshop of the World
Bank. This also fulfills requirement of OP 17.50 on Disclosure of Information.
This ESMF stipulates that each State Project Implementation Unit (SPIU) will have to prepare an ESIA,
during project implementation for their planned activities. Section 8.0 and Annex 3.0 sets the relevant
process and requirements of the ESIA’s.
4.2 OP/BP 4.12: Involuntary Resettlement
This policy would be triggered when the planned activities of the SWA’s cause involuntary taking of land
and other assets resulting in: (a) relocation or loss of shelter, (b) loss of assets or access to assets (c) loss
of income sources or means of livelihood, whether or not the affected persons must physically move to
another location. Land acquisition is expected to be minimal to none since civil works will largely be
rehabilitation of existing infrastructure, and some extensions of treatment facilities within current plant
boundaries, and of distribution networks alongside existing roads.
25
Significant efforts are to be made in the design and screening stages of proposed SWA’s project
investments, to avoid impacts on people, land, property, including peoples access to natural and other
economic resources, as far as possible. Nonetheless, uncertainties about the nature and scope of civil
works in the targeted states, if left unmitigated could result into displacement or loss of livelihood. Thus,
OP 4.12 will be triggered.
Therefore, a Resettlement Policy Framework (RPF) has been prepared by the government. The RPF
provides the framework for determining the need for and content of a Resettlement Action Plan (RAP) for
subprojects. The RPF sets the guidelines for the Resettlement and Compensation Plans that would have to
be prepared when project activities triggers this policy. The RAPs would have to be submitted to the
respective SMEnv and to the FMEnv for approval but would also have to be approved by the Bank as a
condition for that particular investment. OP 4.12 requires the RPF to be disclosed both in Nigeria and at
the Bank Infoshop before appraisal of this project can occur.
4.3 OP/BP 4.37: Safety of Dams
The Bank may finance types of projects that do not include a new dam but will rely on the performance of
an existing dam such as water supply systems that draw directly from a reservoir controlled by an existing
dam, diversion dams or hydraulic structures downstream from an existing dam, where failure of the
upstream dam could cause extensive damage to or failure of a new Bank-funded structure; and or
irrigation or water supply projects that will depend on the storage and operation of an existing dam.
Projects in this category also include operations that require increases in the capacity of an existing dam,
or changes in the characteristics of the impounded materials, where failure of the existing dam could
cause extensive damage to or failure of the Bank-funded facilities.
The NUWSRP3 will not fund the construction of new dams, large or small. However, the operations of
SWA’s depend either on the use of existing dams run, operated and owned by themselves in some states
or in other states by the River Basin Development Authority (RBDA) of that state, for one or a
combination of the following:
a. As a reservoir
b. To manage water flow and levels in rivers
c. Provision of raw water.
A dam Specialist is required to (a) inspect and evaluate the safety status of existing dam, its appurtenance
and its performance history (b) review and evaluate the owners operation and maintenance procedures
and (c) provide a written report of findings and recommendations for any remedial work or safety related
measures necessary to upgrade the existing dam to an acceptable standard of safety. A Dam Safety Report
(DSR) is to be prepared and disclosed to the public before project appraisal. However the Bank may
accept previous assessment of dam safety or recommendations of improvement needed in the existing
dam. If there is evidence that (a) an effective dam safety program is already in operation and (b) full-level
inspections and dam safety assessments of the existing dam which are satisfactory to the Bank have
already been conducted and documented.
4.4 OP/BP 7.50: Projects on International Waterways
This policy applies to the following type of international waterways:
(a) any river, canal, lake, or similar body of water that forms a boundary between, or any river or body of
surface water that flows through, two or more states1
- The rivers Niger and Benue each flow through at least one other neighboring country, and through
Nigeria.
1 The word “states” in OP 7.50 is referring to countries and not states within federated countries like Nigeria.
26
(b) Any tributary or other body of surface water that is a component of any waterway described in (a) above.
- Many other rivers in Nigeria are tributaries of the Niger or Benue rivers.
(c) Any bay, gulf, strait, or channel bounded by two or more states or, if within one state, recognized as a
necessary channel of communication between the open sea and other states, and any river flowing into
such waters.
Projects on international waterways may affect relations between the Bank and its borrowers and between
states (whether members of the Bank or not). The Bank recognizes that the cooperation and goodwill of
riparians is essential for the efficient use and protection of the waterway. Therefore, it attaches great
importance to riparians making appropriate agreements or arrangements for these purposes for the entire
waterway or any part thereof. The Bank stands ready to assist riparians in achieving this end.
This policy requires the PCU at FMWR, to formally notify riparians of the proposed NUWSRP3. During
the identification mission, the mission reminded its counterparts about the requirements of OP/BP7.50
that soon during the preparation stage, riparian countries would need to be notified of the Project and its
estimated impact including in terms of water abstraction.
27
CHAPTER FIVE: ADMINISTRATIVE, POLICY, LEGISLATIVE AND REGULATORY
FRAMEWORK
5.1 Administrative Structure for the Water Sector
The Federal Republic of Nigeria (FGN), is a federation of 36 states2 and the Federal Capital Territory
(FCT) in which the federal capital, Abuja is located. The administrative structure for the Water sector at
the three tiers of government is discussed below.
5.1.1 Administrative Structure at the Federal Level
The Institutions and Agencies responsible for the administration of Water resources and services at the
Federal, State and Local Government levels include:
The Federal Ministry of Water Resources (FMWR), initially created in 1976, is responsible for
formulating and coordinating national water policies, management of water resources including allocation
between states, and approving development projects. Specifically the functions of the FMWR include:
Establishment and operation of the National Water Quality Laboratories and Monitoring Network and
water quality standards.
Maintenance of database on water supply and sanitation facilities and performance.
Mobilization of national and international funding and technical support. Promote and coordinate
other collaborative activities by other government and Non-governmental agencies in the sector.
Provide technical support and assistance to the state and Local Government Water Supply and
Sanitation Agencies and the community water supply and sanitation committees.
Creation of an enabling environment for meaningful private sector participation in the sector.
Provision of a framework for regulation of private sector participation in water supply and sanitation.
Under Decree 101, formulate laws for private initiatives in the water supply industry.
The River Basin Development Authorities (RBDA’s), now 12 in total, were also created in 1976 for
planning and developing water resources, irrigation work and the collection of hydrological, hydro-
geological and meteorological data. Their main involvement in potable water supply has been the
provision of multi-purpose dams and the supply of water in bulk, some to urban water systems. The 12
River Basin Development Authorities (RBDAs) are purely responsible for the development, operation
and management of reservoirs for the supply of bulk water in their areas of jurisdiction. RBDAs report to
the FMWR on the quantity of water harnessed, sold or released for water supply.
The National Water Resources Institute (NWRI) was legally established in 1985 and is responsible to
the FMWR for engineering research functions related to major water resources projects and training
sector professionals and technicians. The NWRI is a training institute, designated to provide capacity
building training and education, data collection and dissemination services in the field of water resources
development and management. NWRI is currently conducting research on water quality for domestic use,
sedimentation levels of selected dams/reservoirs and their downstream socio economic impacts on
communities and on causes of flooding. Core functions of the institute include promoting and developing
training courses on Water Resources (Regular and Short Courses), carrying out capacity development
assessments of sector organizations and providing skill-oriented training courses.
The Utilities Charges Commission (UCC) was established in 1992 to monitor and regulate utility tariffs,
including those of State Water Agencies (SWA’s).
2 The 36 states are: 1)Abia, 2)Adamawa, 3)Akwa Ibom, 4)Anambra, 5)Bauchi, 6)Bayelsa, 7)Benue, 8)Borno, 9)Cross Rivers, 10)Delta,
11)Ebonyi, 12)Edo, 13)Ekiti, 14)Enugu, 15)Gombe, 16)Imo, 17)Jigawa, 18)Kaduna, 19)Kano, 20)Kastina, 21)Kebbi, 22)Kogi, 23)Kwara,
24)Lagos, 25)Nassarawa, 26)Niger,27)Ogun, 28)Ondo, 29)Osun, 30)Oyo, 31)Plateau, 32)Rivers, 33)Sokoto, 34)Taraba, 35)Yobe and 36)Zamfara.
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The Nigeria Integrated Water Resources Management Commission was established in 2007 and
charged with the responsibility for the regulation and management of water in Nigeria and for other
matters connected with it. The functions of the Commission amongst others include:-
Implement regulatory policies on activities relating to the management of water resources in Nigeria;
Be responsible for economic and technical regulation of all aspect of water resources exploitation and
provision (construction, operation, maintenance and tariffs) of public and private water resources
infrastructure;
Ensure the safety and quality of water resources development and public water services by regulating
standards for execution and performance;
Issue water resources licenses in accordance with the provision Act.
Nigeria Hydrological Services Agency (NIHSA) is the custodian of all water resources data. The
Agency was established by the Federal Executive Council Approval EC 18 (07) 4 of 16th May, 2007.
Specifically the agency provides services required for assessment of the nation's surface and groundwater
resources in terms of quantity, quality, distribution and availability in time and space; for efficient and
sustainable management of water resources; operate and maintain hydrological stations nationwide and
carryout groundwater exploration ; and monitoring using various scientific techniques in order to provide
hydrological data needed for planning, design, execution and management of water resources and allied
projects. NIHSA’s activities and functions have direct relation to the management of watersheds. NIHSA
provides data to Federal and State MDAs such as Ministry of Environment, RBDAs and international
organizations such as FAO, UNDP.
5.1.2 Administrative Structure at the State Level At the State Level, responsibility for potable water supply was traditionally entrusted to departments of
the state governments, all 36 of them. In the 1970’s, as the demand for potable water supply grew, most
water departments of state governments were gradually transformed into State Water Agencies (SWAs),
to provide urban, semi-urban and, in some cases, rural water supply. The SWA’s are responsible to their
state governments, generally through a State Ministry of Water Resources (SMWR) though in some cases
under alternative arrangements. In some states, responsibilities for rural water supply remain with or have
been transferred back to a state government department; additionally, in several states, state rural water
and sanitation agencies have been set up largely to implement some government/donor funded Rural
Water Supply Strategy (RWSS) programs.
5.1.2.1 Administrative Structure for Water Sector in Bauchi State The Ministry of Water Resources established in 1998 is the umbrella Ministry for the provision of potable
drinking water to the state, as well as management of dams and reservoirs for hydro power or irrigation
purpose. Bauchi State Water Board (BSWB), an Agency under the supervision of the Ministry established
in 1998, is responsible for the provision of water to the Urban and Small towns. The Bauchi State Rural
Water Supply and Sanitation Agency (RUWASSA) which was established in August 2011 is responsible
for provision of potable water and sanitation facilities to the rural communities of the State.
5.1.2.2 Administrative Structure for Water Sector in Ekiti State Delivery of water and sanitation services in the State has been through the State Agencies such as the
State Water Corporation and the newly established Ekiti State Rural Water Supply and Sanitation
Agency. The Water Corporation is responsible for the management, operation and maintenance of urban
based water schemes, while a unit of small town water supply in the corporation is responsible for water
supply in semi-urban/small towns. The State Agency for Rural Water Supply and Sanitation is
responsible for rural water supply and sanitation delivery in rural communities of the State. These
agencies are currently being supervised by the Bureau for Infrastructure and Public Utilities headed by a
Special Adviser to the Governor. Apart from these agencies, the Department for Millennium
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Development Goal (MDG) in the Ministry of Integration and Inter-Government Affairs is also involved in
water supply service provision particularly to rural communities/small towns, schools and government
establishments such as Hospitals and public places such as market and abattoirs.
5.1.2.3 Administrative Structure for Water Sector in Rivers State The Ministry of Water Resources & Rural Development (MWRRD) has the mandate to deliver potable
water to the people of Rivers state and the main policy making body for water in the state. The key
agencies include Port Harcourt Water Corporation PHWC, Small Towns Water Supply Agency
(STOWA) and the State Regulatory Commission. The PHWC oversee affairs of water service delivery in
Port Harcourt city. Specifically, the function inter-alia include: control and manage all existing State-
owned water and sewerage infrastructure and assets for public, agricultural, domestic, industrial and
general purposes in its area of operation; develop, manage, operate and maintain new water and
waste/sewage infrastructure and assets for the purpose of providing wholesome, potable water for
domestic consumption of the public, water for commercial, industrial, scientific and other uses in its area
of operation; supply wholesome portable water to consumers; identify and implement projects for the
provision of water and sewage management services which may be undertaken with private sector
participation; and promote the rational use of water resources and potable water. The STOWA oversee
water service delivery in other towns of the state.
5.1.3 Administrative Structure at the local Level At the Local Government Level, the Local Government Authorities (LGAs), of which there are 774
nationally, are responsible for the provision of rural water supplies and sanitation facilities in their areas,
although only a few have the resources and skills to address the problem. Only few LGAs have rural
water supply divisions that are able to construct small water systems such as open wells and small
impoundments of surface water.
5.2 Administrative Structure for Environmental Management at the Federal Level The Institutions and Agencies responsible for regulating and monitoring environmental issues and
information at the Federal Government level include:
5.2.1 The Federal Ministry of Environment (FMEnv)
The Federal Environmental Protection Agency (FEPA) now the Federal Ministry of Environment
(FMENV) established through Decree No. 58 of 1988 as amended by Decree No. 59 of 1992 is the
statutory government institution mandated to coordinate environmental protection and natural resources
conservation for sustainable development in Nigeria. The Ministry’s mandate inter alia is to:
* Protect the environment and conserve natural resources, including procedure for environmental impact
assessment of all developing projects.
* Advise the Federal Government on National Environmental Policies and priorities, the conservation of
natural resources and sustainable development and scientific and technological activities affecting the
environment and natural resources.
* Prescribe standards for and make regulations on water quality, effluent limitations, air quality,
atmospheric protection, ozone protection, noise control as well as the removal and control of hazardous
substances, and;
* Monitor and enforce environmental protection measures.
Within FMENV, there is an Environmental Impact Assessment Division, headed by a Deputy Director, to
take all responsibility for EIA related issues and within the EIA Division is the Impact Mitigation &
Monitoring (IMM) Branch, with a special responsibility for monitoring the implementation of
Environmental Management Plans (EMP) contained in the approved EIAs.
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As contained in FEPA Decree No. 58 of 1988 and No. 59, 1992, the Ministry has developed instruments
of intervention to halt environmental degradation in form of policies, regulations, standards, and
guidelines.
5.2.2 National Environmental Standards and Regulations Enforcement Agency (NESREA)
The National Environmental Standards and Regulations Enforcement Agency (NESREA) was established
by NESREA Act No 25 of 2007 as a parastatal of the then Federal Ministry of Environment, Housing and
Urban Development (now FMENV). By the NESREA Act, the FEPA Act Cap F 10 LFN 2004 has been
repealed. NESREA is charged with the responsibility of enforcing all environmental laws, guidelines,
policies, standards and regulations in Nigeria. It also has the responsibility to enforce compliance with
provisions of international agreements, protocols, conventions and treaties on the environment. The vision
of the Agency is to ensure a cleaner and healthier environment for all Nigerians, while the mission is to
inspire personal and collective responsibility in building an environmentally conscious society for the
achievement of sustainable development in Nigeria.
5.3 Administrative Structure for Environmental Management at the State Level Through State Edicts the State Ministries of Environment are responsible for environmental protection
within their states. Act No. 58 of 1988, as amended by Act No. 59 of 1992, which established FEPA, also
issued a federal directive to the states to establish State Environmental Protection Authorities. Bauchi and
Ekiti States have functioning Environmental Protection Agencies.
5.3.1 Administrative Structure for Environmental Management in Bauchi State
The Ministry of Environment established in March 2010 oversees all environmental agencies and their
activities in the State. Bauchi State Environmental Protection Agency (BASEPA) a parastatal under the
supervision of the Ministry established by an edict No 10 of 1994 as amended by Edict No 3 of 1997 is
responsible for regulation of urban environmental sanitation, environmental protection, biodiversity
conservation and the sustainable development of the State’s Natural Resources. BASEPA mandate also
includes implementation of environmental policies towards protection, sustenance and development of the
environment in general.
5.3.2 Administrative Structure for Environmental Management in Ekiti State The Ekiti State Ministry of Environment established in 2000 has the overall responsibility for
environmental protection in the state. The function of the Ministry includes; management and
development of state forestry; promotion of environmental health and sanitation, nature conservation;
wide life preservation; and pollution control. The Ministry has two Agencies under its jurisdiction, the
Ekiti State Environmental Protection Agency (EKSEPA) and the Ekiti State Waste Management Board
(EKWMB) which is responsible for waste management in the state.
The functions of EKSEPA inter alia is to ensure the protection of environment against all forms of
pollution on air, water, land and vegetation and promote efforts, which will prevent or eliminate damage
to the environment and biosphere and stimulate the health and welfare of citizens of the state.
5.3.3 Administrative Structure for Environmental Management in Rivers State The Rivers State Ministry of Environment is responsible for the promotion of a healthy and clean
environment. It formulates, executes and reviews policies on environmental/ecological programmes and
projects in the state. The Ministry of Environment which was created in 2003 subsumed the functions and
activities of the Rivers State Environmental Protection Agency (RSEPA) established by the Rivers State
Environment Protection edict No. 2 of 1994.
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5.4 Relevant Federal Policies
5.4.1 National Water Policy
A National Water Supply and Sanitation Policy (NWSSP) was adopted in January 2000. The center-piece
of this policy is the provision of sufficient potable water and adequate sanitation to all Nigerians in an
affordable and sustainable way through participatory investment by the three tiers of government, the
private sector and the beneficiary. The Policy sets consumption standards for;
(i) Semi – urban (small towns) which represent settlements with populations between 5,000 – 20,000
with a fair measure of social infrastructure and some level of economic activity with minimum supply
standard of 90 liters per capita per day with reticulation and limited or full house connections.
(ii) Urban Water supply at 120 litres per capita per day for urban areas with population
greater than 20,000 inhabitants to be served by full reticulation and consumer premises
connection.
The Policy Strategies are:
(i) Increase service coverage for water supply and sanitation nationwide to meet the level of the socio-
economic demand of the nation on the sector.
(ii) Ensure good water quality standards are maintained by water supply undertakings.
(iii) Ensure affordability of water supply and sanitation services for the citizens.
(iv) Enhance national capacity in the operation and management of water supply and sanitation
undertaking.
(v) Privatize water supply and wastewater services (where feasible) with adequate protection for the poor.
(vi) Through Legislation, Regulations, Standards and laws for water supply and sanitation.
(vii) Reform of the water supply and sanitation sector to attain and maintain internationally acceptable
standards.
5.4.2 National Policy on Environment - 1999 The National Policy on the Environment describes the conceptual framework and strategies for achieving
the overall goal of sustainable development in Nigeria. The goal of the Policy in particular is to:
secure a quality of environment adequate for good health and well-being;
conserve and use the environment and natural resources for the benefit of present and future
generations;
restore, maintain and enhance the ecosystems and ecological processes essential for the
functioning of the biosphere to preserve biological diversity and the principle of optimum
sustainable yield in the use of living natural resources and ecosystems;
raise public awareness and promote understanding of the essential linkages between the
environment, resources and development, and encourage individual and community participation
in environmental improvement efforts; and
Co-operate with other countries, international organizations and agencies to achieve optimal use
of trans-boundary natural resources and effective prevention or abatement of trans-boundary
environmental degradation.
The Policy outlines strategies for water resources management, along with the Water Resources Decree
No. 101 of the FMWR, and together they are concerned with:
Environmental Impact of Water Resources development at the planning stages.
Specification of water quality criteria for different users.
Establishment of adequate control and enforcement procedures.
Public health implications or water resources development projects.
5.5 Legal Framework
5.5.1 Existing Legal Provisions for Water and Sanitation Supply at the Federal Level
At the Federal Level, there is the Water Resources Act, Act No. 101 which is An Act to promote the
optimum planning, development and use of the Nigeria's water resources and other matters connected
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therewith. The Act took effect on the 23rd
of August 2003, and vests rights and control of water on the
Federal Government of Nigeria. There are also Acts establishing the River Basin Development
Authorities and the National Water Resources Institute.
5.5.2 Existing Legal Provisions for Water and Sanitation Supply at the State Level
At the State Level, the various State Water Authorities/ Boards have enabling Edicts setting them up to
supply potable water to inhabitants of their respective states. The relevant Edicts in the participating states
are the Bauchi State Water Board Edict of 1998, Ekiti State Water Corporation Amended Edict of 1997
and the Rivers State Water Sector Development Law No 7 of 2012.
The respective state Edicts generally give the following functions to the SWAs;
To control and manage all waterworks vested, or to be vested, in the Board under the provisions
of the respective edict.
To establish, control, manage, extend and develop such new waterworks and to extend and
develop existing ones as the Board may consider necessary for the purpose of providing water in
order to meet the requirements of the general public, agriculture, trade and industry in the State.
To ensure that water is supplied to the customers thereof at reasonable charges and in potable
quality and adequate quantity.
The respective state Edicts empowers the Boards (SWAs);
To adopt with or without amendments such master plans for the maintenance and development of
its undertakings as its officers may prepare and submit from time to time.
To construct, reconstruct, maintain and operate waterworks and all other stations, buildings and
works, necessary for the discharge of its functions.
To carry any water pipe through, across or under any street or any place laid out or intended as a
street, and after giving reasonable notice in writing to the owner or occupier thereof, into, through
or under any lands whatsoever without paying compensation, but making good any damage done.
This power is in direct contradiction to the provisions of the World Banks OP 4.12 Involuntary
Resettlement and the provisions of OP4.12 must be complied with if the World Bank is to fund part
or whole of this NUWSRP3.
To abstract water from any lake, river stream, or other natural source.
This ESMF sets out the conditions under Nigerian Law and the Bank’s Safeguards Policies, for
which this can be done in the project. Notably, abstraction of water from any lake, river stream, or
other source under this project must be done consistent to the provisions of Bank Safeguards
Policies OP 4.01 on Environmental Assessment, OP4.04 Natural Habitats, OP4.37 Safety of Dams
and OP 7.50 Projects on International Waters and this ESMF.
From time to time, to examine any surface or under-ground waters for the purpose of determining
what, if any, pollution exists and the causes thereof.
To enter upon any land at any time for the purpose of laying, examining, repairing or removing
any water-pipe.
This power must also be exercised consistent with the provisions of OP 4.12 Involuntary
Resettlement.
To construct public fountains in any street or other public place in the state.
To acquire, purchase, lease, mortgage, hold, construct, manufacture or maintain any property
whatsoever whether movable or immovable, required for or in connection with the performance
of its functions and to sell, dispose of, or otherwise deal with such property or any part thereof.
This power must also be exercised consistent with the provisions of OP 4.12 Involuntary
Resettlement.
The details of the powers of each SWA vary from state to state and can be found in the respective edict of
each state establishing the SWA.
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5.5.3 Existing Legal Provisions for Water and Sanitation Supply at the LGA Level
At the Local Government Level, the various laws setting them up define rural water supply as one of
their primary functions.
5.5.4 Federal Requirements for Environmental Impact Assessment (EIA)
EIA Decree No. 86 of 1992 is the principal legislative instrument relating to activities that may likely or
to a significant extent affect the environment. It sets the goals and objectives of EIA and procedures
including the minimum requirements for the conduct of EIA of public or private projects. The Decree
makes EIA mandatory for any major development project likely to have adverse impacts on the
environment. The Decree further specifies the content of an Environmental Impact Assessment. In
addition to the guidelines for EIA, Decree No. 86 contains provisions for the screening of projects
according to impact potential, including listed activities3 for which mandatory EIA preparation is
required.
Category I projects will require a full Environmental Impact Assessment (EIA).
Category II projects may require only a partial EIA, which will focus on mitigation and
environmental planning measures, unless the project is located near an “Environmentally
Sensitive Area” (ESA) in which case a full EIA is required.
Category III projects are considered to have “essentially beneficial impacts” on the environment,
for which an Environmental Impact Statement (EIS) will be prepared by the FMEnv.
EIAs are then submitted to the EIA Division of the FMEnv for approval and monitoring of the project
during implementation and operation based on an EMP in the EIA.
5.5.5 Land Use Act 1978
The legal basis for land acquisition and resettlement in Nigeria is the Land Use Act 1978 and modified in
1990. The following are selected relevant sections:
Section 1: Subject to the provision of this Act, all land comprised in the territory of each state in the
Federation are hereby vested in the Governor of each state and such land shall be held in trust and
administered for the use and common benefit of all Nigerians in accordance with the provisions of this
Act.
Section 2: (a) All land in urban areas shall be under the control and management of the Governor of each
State; and (d) all other land shall be under the control and management of the local government within the
area of jurisdiction in which the land is situated.
5.5.6 Other Relevant Federal and State Laws
FEPA/FMENV EIA Procedural Guidelines and Sectoral Guidelines on Infrastructure of 1995
FEPA Guidelines and Standards for Environmental Pollution Control in Nigeria, 1991.
The FEPA Harmful Wastes (Criminal Provisions) Decree No. 42, 1998.
FEPA National Effluent Limitation Regulations, section 18, 1991.
FEPA Pollution Abatement in Industries and Facilities Generating Waste Regulations, section 19,
1991.
Solid and Hazardous Waste Management Regulations of 1991.
National Guidelines and Standards of Waste Management in the Oil Industry.
Bauchi State Environmental Protection and Conservation Agency Edict No 3 of 1997.
3 Listed are activities that impact coral reefs, mangrove forests, small islands, tropical forests, areas with erosion-prone soils, areas prone to
desertification, natural conservation areas, wetlands of national or international importance, areas which harbor threatened or endangered species,
areas of particular scientific interest, areas of historic or archeological interest and areas of importance to threatened ethnic groups.
34
Ekiti State Environmental Protection Agency Law, CAP E12 of 2010.
Ekiti State Environmental Health and Sanitation Law No 4 0f 2004.
5.5.7 International Conventions
Nigeria is also a party to other international agreements on Biodiversity, Climate Change, Desertification,
Endangered Species, Hazardous Wastes, Law of the Sea, Marine Dumping, Marine Life Conservation,
Nuclear Test Ban, Ozone Layer Protection and Wetlands. Examples are;
The African Convention on the Conservation of Nature and Natural Resources, 1968
The Convention Concerning the Protection of the World Cultural and Natural Heritage, The
World Heritage Convention, 1972.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora, CITES,
1973.
Convention on Conservation of Migratory Species of Wild Animals, 1979.
The Basel Convention on the Control of Transboundary Movement of Hazardous Waste and
Disposal, 1989.
The Framework Convention on Climate Change, Kyoto Protocol
The Convention on Biological Diversity, 1992
The Convention on the Prevention of Marine Pollution by Dumping of Waste, MARPOL, 1972
5.6 Membership of International River Basin Commissions.
Nigeria is a member of the following international River Basin Commissions:
Lake Chad Basin Commission (LCBC) - headquartered in N’djamena, Republic of Chad)
Niger Basin Authority (NBA) - headquartered in Niamey, Republic of Niger)
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CHAPTER SIX: POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS
6.1 Introduction
The implementation of the NUWSRP3 will enhance economic, social and political development of
participating states through increased access to sustainable supply of safe water and improved sanitation
to households. The project interventions will however have some limited environmental and social
impacts.
The overall environmental and social impacts from planned activities of this project are likely to be
positive as the NUWSRP3 offers the unique opportunity to address some of the key structural issues
affecting the water sector in Nigeria. The holistic approach of this project offers the opportunity to (i)
implement fundamental structural reforms in this sector, (ii) undertake institutional and legislative
reforms to address many concerns in the sector including environmental and social issues, (iii) provide
capacity building measures to implement these reforms and (iv) monitor the performance of the sector
after the project. The project will also strengthen capacities in the SWAs, resulting in enhancement of
organizational, financial and technical capabilities of SWAs. This section presents an analysis of the
potential environmental and social impacts of planned project activities.
Since all sub-activities are yet to be identified, the impact assessment is based on potential impacts from
anticipated project activities. It is expected that during project implementation, the SWAs will prepare
project-specific EAs/ESIAs and ensure that the selected contractors adhere to the general environmental
management conditions for construction contracts. It is recommended that the general environmental
management conditions for construction contracts be included by the PCU at FMWR as a standard in all
Requests for Proposals (RFP) for EAs or ESIAs of water supply projects involving civil works.
The potential environmental and social impacts are described for rehabilitation/construction phase for
each of the major activities of the project especially as detailed in Component 1 and for the operational
phase of the project. Environmental impacts of each activity were assessed qualitatively for the different
environment media (air, water, soil, vegetation) and perceived socio-economic impacts were identified
from key socio-economic indicators i.e. livelihood, community structure, public health, land use and
population. The details of the potential environmental and social impacts during the different phases of
project activities are discussed below:
6.2 Potential Environmental and Social Impacts.
6.2.1 Rehabilitation/Construction Phase
6.2.1.1 Environmental Impacts
Potential Negative Impacts
The potential adverse environmental impacts that may arise during rehabilitation/construction phase for
each of the major activities of the project as detailed in Component 1 is presented below:
Rehabilitation and augmentation of water production and treatment systems; rehabilitation and
extension of water transmission and distribution networks
Air Quality: Rehabilitation and construction works could result in the emission of dust and other odours
that may lead to the reduction of air quality. Inappropriate transporting, storage and use of materials such
as cement, petroleum products may emit pollutants. Air Quality may also be impacted by emissions from
vehicles, earthmoving equipment and released particulate matters.
Noise & Vibration: Noise and vibration is expected especially due to movement of heavy machines and
the process of soil excavation to lay pipes etc.
Water Quality: Water quality in the project areas may be compromised due to the rehabilitation works.
This is because during the rehabilitation, water in the treatment plant may be tampered with, thus the
36
water flowing through distribution lines and getting to homes may change colour or become contaminated
due to on-going civil works. Ground water sources may be polluted through accidental spills of paints, oil
or grease and other hazardous products from heavy equipment and machinery used during construction
works.
Soil and Land Degradation: Earth-moving equipment such as excavators will be used in cutting and
excavation during these activities. These equipment may affect the quality and stability of soil thereby
exposing the soil to erosion and compaction resulting in the breakdown of soil structure which may
potentially decrease the drainage of the areas. Furthermore, the risk of accidental spills of paints, oil or
grease and other hazardous products from construction machinery also constitutes potential sources of
soil pollution.
Flora and Fauna: The civil works during the rehabilitation and construction activities may lead to
depletion of vegetation and plant cover. This is due to the fact that vegetation may have already covered
some areas where pipes were laid before and that the new areas that water pipes will be extended to may
also have vegetation covers and trees that will obstruct pipe lines. These areas will have to be cleared to
enable civil works to be carried out. It may also affect fauna habitats in the location especially during
excavation and replacement of pipes.
Waste Management: Activities at construction sites will generate construction wastes such as excavated
soils, debris and potentially hazardous materials (e.g. asbestos). These materials can pollute the land and
also affect the aesthetics of the environment.
Rehabilitation of old and malfunctioning water pumps and installation of house connections, customer
and bulk meters
Air Quality: Air quality may be compromised due to bad odours that may result from chemicals used in
house connection but this is expected to be minimal.
Waste Management: This activity is expected to generate waste materials from previous installations,
such as old water taps and water pumps. These may litter the environment if not properly disposed.
Rehabilitation of water treatment laboratory
Air Quality: The rehabilitation could result in the emission of dust and other odours that may lead to the
reduction of air quality. Air Quality will also be impacted by emissions from vehicles, other movable
equipment and released particulate matters.
Soil and Land Degradation: The rehabilitation and equipping of water treatment laboratory may involve
reconstruction of building and then soil digging and excavation which in turn will lead to soil and land
degradation.
Waste Management: Activities during rehabilitation, for example, repair and reconstruction of laboratory
buildings will produce construction wastes such as excavated soils and debris which could litter the area,
obstruct workers as well as affect the aesthetics of the environment.
6.2.1.2 Social Impacts
Potential Positive Impacts
The activities during the rehabilitation and construction phase of the project will have some positive
impact on the population and livelihood of the people. These impacts include:
Increased Trade and Enhanced Income: The rehabilitation/construction works will attract a lot of persons
into the communities which will in turn result in increased trade and enhanced income for dwellers.
37
Creation of Employment Opportunities: The rehabilitation/construction works will generate employment
opportunities for a lot of people thus enhancing their income and livelihood.
Potential Negative Impacts
Activities during the rehabilitation and construction phase of the project may have some potential adverse
impact on the population and demographic structure in the localities and on health. These impacts
include:
Restricted Access to Water & Poor/Compromised Water Quality: The distribution of water to some
locations may be stopped for some time to facilitate the rehabilitation process while civil works carried
out during rehabilitation/construction may contaminate water sources thereby compromising water quality
and access to water.
Inconveniences Due to Increased Traffic Congestion: Movement of heavy equipment and materials to and
from rehabilitation/construction site could result in increased road traffic congestion, disruptions and
accident. Improper management of construction waste could also cause obstruction and affect easy
movement of public.
Public Health: Increased population as a result of the civil works during the rehabilitation/construction
phase may lead to increase in the prevalence of Sexually Transmitted Diseases (STDs) including
HIV/AIDs. Improper construction waste management may also lead to increased vector borne diseases
while the use of heavy machinery and equipment can be a potential noise nuisance to local communities.
Increased Crime Rate: Movement of more people into communities due to civil works may automatically
increase the crime rate in those communities
Restricted Access to Residential Accommodation and Source of Livelihood: Civil works during the
rehabilitation/construction phase may temporarily disrupt movement in and out of residential
accommodation also persons whose economic activities are located along the Right of Way (ROW) will
lose income due to temporary disruption of access.
Over Stretching of Existing Facilities: The project activities will attract more people to the area, thereby
increasing the number of people using existing facilities/infrastructures.
Disruption of Utility Services: Rehabilitation/construction works may damage existing underground
services like communication and electrical cables, sewage pipes and other service lines which may lead to
disruption of services.
Damage to Existing Road Network: Pipe laying and rehabilitation may result in damage to existing road
in location where the road construction may have encroached the water pipeline ROW.
Displacement of People: Land take may lead to displacement of people.
Occupational Health and Safety: Construction works such as: excavations; working with heavy
equipment; working in confined spaces; working on and along the traffic roads; heavy lifting, storage,
handling and use of dangerous substances and wastes, working under noisy conditions will expose the
workers to occupational health and safety hazards predisposing them to injuries and accidents.
6.2.2 Operational Phase
6.2.2.1 Environmental Impacts Potential Negative Impacts
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During the operational phase, there could be effect on ground water as a result of over abstraction and
water flow rate may become low. There could also be water stagnation, water logging and water wastage
especially if there are burst pipes. Burst pipes during the operation phase can affect the aesthetics of the
environment and affect free movement of people in the locality.
6.2.2.2 Social Impacts
Potential Positive Impact
Activities during the operational phase of the project will have some positive impact on the livelihood of
the people, on health and availability of infrastructure. These impacts include:
Improved Quality and Quantity and Reliability of Water Supply: Enhanced water production and
distribution capacity as well as reduced losses from leakages will lead to increased quality and quantity of
water supply. The provision of improved and modern laboratory equipment and facilities that can
guarantee early detection of water contaminants will also enhance water quality.
Improved Sanitation and Hygiene and Reduced Prevalence of Diseases: Improved water supply and
sanitation facilities will lead to improved sanitation and hygiene which would consequently reduce water
and sanitation related diseases thereby reducing child mortality.
Gain of Time Especially for Girls and Women: Uninterrupted water supply will reduce the amount of
time girls and women use to source water. Such time would now be channeled to more economically
viable activities e.g. trading, schooling, farming etc.
Overall Economic Productivity: Businesses that use water as raw materials will be attracted to the
communities due to the availability of water thereby increasing the economic productivity of the
communities/towns.
Poverty Alleviation: Through cost savings on purchasing water from alternative sources and treatment of
water related diseases.
The project will also facilitate the attainment of Millennium Development Goal (MDG) 7 of reducing by
half the proportion of people without sustainable access to safe drinking water by the year 2015 and
beyond.
Potential Negative Impact
During the operational phase of the project there may be some negative impact on the population and
demographic structure in the localities and on health. These include:
Increased Malaria Prevalence: Burst pipes during the operational phase of the project may result in water
stagnation and logging which may in turn enhance the breeding of mosquitoes thereby increasing the
prevalence of malaria.
Increased HIV/AIDs Prevalence: Availability of water may consequently lead to increased population as
a result of influx of persons from neighbouring communities. This would in turn increase the possibility
of increased HIV prevalence
Loss of Means of Livelihood: Provision of water to communities /town may result in loss of means of
livelihood to local and commercial water vendors servicing the communities/towns
A summary of the potential environmental and social impacts of the project is shown in Table 6.1.
Table 6.1: Summary of the Potential Environmental and Social Impacts of the NUWSRP3
Planned Activities Environmental
Media
Environmental Impacts/Issues
Social Media
Social Impacts/Issues
Adverse Positiv
e Adverse Positive
Construction Phase
Rehabilitation and
augmentation of
water production and
treatment plant;
Rehabilitation and
extension of water
transmission and
distribution networks
Air Construction works, vehicular
emission and movement of
earthmoving equipment may affect
air quality through the release of
particulate matter and other
pollutants.
Inappropriate transporting,
storage and use of materials such as
cement, petroleum products may emit
pollutants.
Movement of heavy machinery
may generate noise.
Community
Structure
NA NA
Water Ground water may be polluted
through accidental spills of paints, oil
or grease and other hazardous products
from heavy equipment and machinery
Livelihood Civil works may
contaminate water thereby
compromising water
quality and access to water.
Improper management
of excavated waste could
cause obstruction and
affect easy movement of
public.
Increased number of people
as a result of construction works
will lead to increased trade and
enhanced income for dwellers.
Creation of employment for a
lot of people and thus enhance
their income and livelihood.
Soil/Land Heavy equipment and
machinery at construction sites may
compact soils and cause drainage
problems.
Excavation works may also
cause soil erosion.
Accidental spills of
hydrocarbons from heavy equipment
and machinery may result in pollution
Generation of construction
wastes can also impact the land
Community
Infrastructure
Vegetation Site clearing may lead to depletion of
vegetation and plant cover as well as
Public Health Noise nuisance from
construction activities may
40
affect fauna habitat. affect quality of life
Likely increase in HIV
prevalence rate due to
increased population
influx.
Vector borne diseases
may arise from improper
management of wastes
Accidents & injuries
from civil works
Land Use Land take may lead to
displacement of people
Population/
Demographics
Increased population
and attendant crimes due to
movement of more people
into the cities
Rehabilitation of old
and malfunctioning
water pumps and
installation of house
connections,
customer and bulk
meters.
Air Bad odour resulting from
chemicals used in house connections
may affect air quality.
Community
Structure
NA
Water NA Livelihood Installation process
may interrupt water supply.
Restricted access to
residential
accommodation &
source of livelihood
Soil/Land Waste materials from previous
installations if not properly disposed
may litter the environment.
Community
Infrastructure
Over stretching of
existing facilities
Damage to existing
road network
Improved and modern water
pumps would facilitate discharge
of water in the city
Vegetation NA Public Health NA
Land Use NA
Population/
Demographics
NA
Rehabilitation of
water treatment
laboratory
Air Laboratory repairs may emit
pollutants that may compromise air
quality.
Community
Structure
NA
41
Water None Livelihood NA
Soil/Land Construction works including soil
digging and excavation which in turn
will lead to soil and land degradation.
Community
Infrastructure
Vegetation NA Public Health NA
Land Use NA
Operational Phase
Air NA. Community
Structure
NA
Water Water use may lead to reduction
of underground water
Livelihood NA Uninterrupted water supply
will be guaranteed.
Gain of time especially for
girls and women.
Overall economic
productivity.
Soil/Land Water leakages from burst pipes
may result in water stagnation and
logging.
Community
Infrastructure
Improved and modern water
reservoirs through which clean
water can be pumped to the entire
community.
Improved and modern
laboratory equipment and facilities
that can guarantee early detection
of water contaminants.
Vegetation NA Public Health Water stagnation and
logging may enhance the
breeding of mosquitoes
thereby increasing the
prevalence of malaria.
Increased population
could also increase HIV
prevalence rate.
Improved water supply and
provision of sanitary facilities will
lead to improved sanitation and
hygiene and consequently
reduction in water and sanitation
diseases and reduced child
mortality.
Land Use NA
Population/
Demographics
Increased population as a
result of availability of
water supply.
Note: NA is for “Not Applicable”
6.3 Mitigation Measures
These include measures that can reduce the negative impacts associated with sub-project activities.
Potential impacts and the appropriate mitigation measures are identified in Table 6.2. The Table indicates
the areas to which the potential impact applies. In addition, mitigation measures are identified as either
social or physical measures. The measures serve as the basis for the cost estimates. During
implementation, the mitigation costs will be included in the bid for sub-project activities.
Table 6.2: Summary of Environmental Mitigation Measures
Potential Impacts Recommended Mitigation Measures
Physical
Noise
Disturbance of individuals in the vicinity during
reconstruction works employees and communities exposed
to high noise level. Noise is expected especially due to
movement of heavy machines, soil excavation to lay pipes
etc.
Installation of sound insulation such as silencers, mufflers, etc; Use appropriate well serviced machinery to reduce noise output
Air Quality
Air quality will be impacted upon considering that
inappropriate transporting, storage and use of materials
such as cement, petroleum products may emit pollutants.
Also excavation of soil to lay pipes may release dust
particles to pollute the environment.
Safety measures in transportation and handling of
materials should be adopted.
Materials, e.g cement should be well covered during
transportation
Workers should use PPEs (nose masks) during soil
excavation and other works that will lead to release of
dust.
Implement the measures to control spillage of toxic
substances that will be included in construction
contracts, including: guidelines for the proper storage
and sitting of hazardous material such as oil, grease,
fuel, asphalt, or ignitable and corrosive materials;
lubricants will be collected in clearly marked
containers and reused if possible, or disposed of at
properly regulated offsite locations; water samples
will be taken and tested for oil when there is a risk of
spills or leakages to canal waters, surface waters, or
groundwater.
Soil
Soil will be impacted considering that heavy equipment and
machinery at construction sites may compact soils and cause
drainage problems. Also the excavation of soils may cause
damage to soil structure
Minimal impact on soil should be carried out where
appropriate. Heavy machines should be removed from
site as soon as they are no longer in use.
Water Quality and Quantity
There will be improvement in water quality. Uninterrupted
water supply will be guaranteed. Also, water quality will be
ensured with the rehabilitation and re-equipment of laboratories.
Water quantity and access may be reduced due to reconstruction
and rehabilitation activities
None
Communicate to people on when water will be
stopped to facilitate repair activities, reduce time
period when water flow is disrupted.
Biological Resources
Vegetation
43
Potential Impacts Recommended Mitigation Measures
Vegetation may be affected considering that pipes will be
laid and soil will be excavated thus and vegetation will be
affected.
Avoid shrubs, trees and fallen timber. Minimize
clearance of natural vegetation.
Revegetate disturbed non -operational land.
Wildlife
Wildlife may be impacted. Create buffer zone or restricted area around site
Wetlands
May be impacted Create buffer zone
Farmlands and Grazing Areas
Loss of farmland and grazing areas may occur. Create buffer zone
Solid/Hazardous Waste Management
Waste containing potentially hazardous materials (e.g.
asbestos) may be generated during construction
Quick sorting, collection and disposal of waste
removed from the sites in accordance with applicable
regulations.
Employ services of registered waste management
company
Social
Health and Safety
Risks of communicable and sexually transmitted diseases due to high
influx of people to cities as a result of improved infrastructure.
Worker exposure to occupational health and safety hazards.
Conduct an awareness raising campaign for
the localities.
Develop, produce and circulate leaflets to
educate people of dangers of sexually
transmitted diseases and how to prevent
them.
Print posters to educate people on
HIV/AIDS.
Site specific HSE plans should be
developed and implemented.
Workers should comply with HSE rules and
instructions.
Workers should be provided with Personal
Protective Equipment and usage enforced.
Safety signages should be displayed at
appropriate locations
An Emergency Response Plan should be
prepared and approved before
commencement of work..
Table 6.3 shows typical stages of water treatment plant activities, their impacts (positive and negative)
and mitigating measures.
44
Table 6.3: Impacts from Activities in the Water Treatment Plants Key/Typical Activities in Water
Treatment Plants
Impacts Mitigation Measures
Positive Adverse
1st Step: Provision of Raw Water into
Rivers .
From Dams and Reservoirs owned
and operated by SWA’s or RBDA’s,
depending on what prevails in each
state.
Weirs constructed across river
channels downstream of raw water
intake point to ensure sufficient
water head upstream of intake.
Large quantities
of water stored
for controlled
use in SWA’s
and irrigation
during dry
spells.
Flooding of river banks.
Dam Failure
Weirs across rivers affects water levels and
flows for down stream users, especially
during dry season.
Implementation of measures in Dam Safety
report, especially ensuring that maintenance
budget available to owners/operators to undertake
preventive and corrective maintenance and early
warning/response for emergency situations.
Monitor water levels downstream of weirs to
ensure downstream users can sustain livelihoods.
2nd Step: Raw Water Extraction.
From river sources using large
electric and powerful suction pumps.
i) Pollution of water , air and natural habitats
from lubricant and fuel leaks from operation
of large suction pumps and large stand-by
power generators (e.g. 0.5mega watt).
ii)effects of reduction of water levels due to
excessive extraction of raw water from rivers
on downstream users e.g. irrigated farms,
fishermen, other industries).
iii) Also, excessive raw water extraction may
lead to possible draining of wetlands over
time and disturbance of natural ecosystems.
iv) Siltation on river bed to upstream soil
erosion exacerbated by water extraction.
i)Carefully designed regimes for safe operation
and maintenance of these heavy equipments, and
safe transportation and storage of lubricants and
fuel for same. Safe and suitable housing of pumps
and generators.
ii) Maintenance of minimum water levels in
rivers, downstream of intake. Maintain good and
reliable records of quantities of raw water
extracted. Sensitization of downstream users.
Monitoring of water levels downstream of intake.
(iii) Draining of wetlands not allowed. Regular
monitoring of effects on critical nearby
wetlands required.
iv) controlled dredging and suitable disposal of
material.
3rd Step: Sedimentation.
Standard method is by gravity flow
after intake to reduce turbulence. Raw
water is then mixed with Alom (
segregator) and pre-lime before water
enters clarifiers where the
sedimentation process occurs,
producing sludge which is then
extracted from the system. The
clearer water moves on by gravity to
the next step.
i) Contamination of rivers when sludge is
return untreated downstream of intake ,
adding to pollution levels in water for
downstream users.
Contamination of land when sludge is
dumped untreated on site.
ii) Contamination of surrounding land and
nearby water sources from inappropriate
transport, storage, handling, mixing of
chemicals and leaks of pipes supply
chemicals into system
i) treatment of sludge to rid off pollutant
chemicals in it either by in-situ treatment plant
and then return to river or continuous re-cycling
in water treatment plant.
Do not just dump untreated sludge on nearby
land.
ii) Suitable storage of chemicals in secure bags
and off the floor in well ventilated and secure
stores. Safe transportation of chemicals to mixing
areas and for introduction into supply piping
systems, and appropriate and safe disposal of
wasted and left over chemicals. Regular
inspection and repairs of piping systems.
4th Step: Filtration.
Water now enters the filtration
process which is through compacted
sand filters (progressive compaction
pattern of different sizes of sand grain
particles).
i) contamination from inappropriate disposal
of filtered waste material.
ii) and waste material from sand filters
cleaned by back-wash.
Suitable disposal of filtered waste through sludge
treatment plant or –re-cycling method. No
dumping on site allowed.
45
5th Step: Clear Water Quality
Control/ Chemical Treatment:
Immediately after the filtration
process, the clear water is tested to
determine quantities of Lime ( to
balance Ph) and chlorine ( to kill
harmful micro-biological organisms.)
to be added.
Each SWA has a Water Quality
Control Lab in the water treatment
plant.
Safe and potable
water produced
has good
positive impacts
on the
environment
and public
health of the
citizenry.
i) Contamination of surrounding land and
nearby water sources from inappropriate
transport, storage, handling, mixing of
chemicals and leaks of pipes supply
chemicals into system.
ii) Quality and reliability of lab services in
terms of adequate lab technicians, frequency
of testing regime, compliance with testing
regime, reliability and suitability of
equipment, close supervision of staff and
other due diligence practices, is questionable.
There is insufficient frequency of testing at
various stages.
There is no testing for the presence of
harmful chemical substances. Generally the
presence of harmful chemical substances such
as mercury, lead, arsenic and cyanide is not
conclusively determined. Chlorine works
against microbiological substances only.
Apparently, chemical tests responsibility of
State environment agencies only.
i) Suitable storage of chemicals in secure bags
and off the floor in well ventilated and secure
stores. Safe transportation of chemicals to mixing
areas and for introduction into supply piping
systems, and appropriate and safe disposal of
wasted and left over chemicals. Regular
inspection and repairs of piping systems.
ii) Lab services need to be drastically improved.
Better and modern equipment needed and
guarantee of supplies required. Some labs often
run out of testing material.
Better trained water chemist, biologist and other
water scientists in labs. required.
Better testing regime and improved frequency of
testing required.
Testing must include the determination of
harmful chemical substances too and effective
treatment or emergency plans where the presence
of dangerous levels detected in water leaving the
filtration stage required.
Closer supervision of lab. staff required.
Introduction of a Watch Dog body required ( see
later sections) to monitor these measures.
6th Step: Bulk Storage of Clean
Water.
Potable treated water is now pumped
to bulk storage/balancing tanks.
In some cases the water in these tanks
is tested again to check that the Ph
level is balanced, absence of micro-
biological substances, turbidity and
other tests.
i)Poor security around Bulk storage tanks,
presenting opportunities for sabotage,
terrorism etc.
ii) poor recording keeping. Unable to
independently determine efficiency of plant
in terms of losses from calculation of intake
and output quantities.
i) Need to completely fence off perimeter around
water treatment plants, better and more secure
manhole covers on tanks, more frequent testing of
water in bulk storage before it is pumped out for
distribution.
ii) Introduce a records Database/MIS.
7th Step: Distribution to Network .
i)Gravity feed from overhead tanks
into reticulation network.
ii) Distribution /connection to
consumers, customers.
iii) network expansion.
i)More pollution from significantly greater
waste water inappropriately disposed off.
ii) contamination due to illegal connections,
leaks from burst pipes, and sanitation
infrastructure in a state of disrepair can
adversely impact environmental public
health.
The SWA’s would have to introduce maintenance and monitoring program that covers all stages of their operations. This program would have to be fully
funded, with key institutional support, defined responsibilities and accountable to the top leadership, if adverse impacts are to be sustainably mitigated. This
may require new legislation at both the federal and states level to enforce this requirement. Above all, a fundamental shift in attitudes of the employees of the
SWA and their customers towards due diligence work, willingness to maintain standards and care for the environment is required.
CHAPTER SEVEN: INSTITUTIONAL ASSESSMENT AND FRAMEWORK FOR
ENVIRONMENTAL AND SOCIAL MANAGEMENT
7.1 Institutional Roles and Responsibilities
The main institutions with key responsibilities in this ESMF are:
7.1.1 The Federal Ministry of Water Resources (FMWR)
The role of the Federal Ministry of Water Resources (FMWR) is one of coordination and policy
development. FMWR’s principal function is to ensure that an enabling legal, regulatory and policy
environment at the federal level is in place to promote private sector participation (PSP) and involvement
in water utility management.
In this project, and specifically with regards to this ESMF, the PCU at FWMR will play an oversight role
by monitoring the SPIUs to ensure that they are performing and carrying out their responsibilities as
detailed in the approved ESIA. The PCU will play this role by relying on the analysis of periodic reports
of the respective SMEnv in the three participating states. These reports will be forwarded to the FMEnv
for analysis of cumulative impacts and efficacy of corresponding mitigation measures. Thus the FMWR
will perform a central processing and coordination role between the SMEnv and FMEnv on the activities
of the SWAs by being a channel for receiving, compiling and processing periodic monitoring reports and
for issuing necessary corrective guidelines and to report to IDA. In addition, the FMWR will monitor the
social aspects of the ESIAs to ensure poverty targets are being met. The FMWR will report to the World
Bank.
7.1.2 The Federal Ministry of Environment (FMEnv) One of the primary responsibilities of the Federal Ministry of Environment (FMEnv) is to ensure that all
major development projects in Nigeria are subject to mandatory EIA pursuant to EIA Act. No. 86 (Decree
No. 86) of 1992. The FMEnv reviews and approves EA documents.
The role FMEnv will play in this project is; (i) to ensure that the SPIUs are preparing ESIAs and
submitting them to EA Department of the Ministry (ii) receiving, reviewing, commenting, requiring
revisions where necessary and clearing and approving the Technical and Engineering Design details of
the SWAs and the mandatory and corresponding ESIA in collaboration with the SMEnv according to
Federal Guidelines, State Laws and World Bank Safeguards policies (iii) to ensure that the SMEnv are
monitoring the activities of the SPIUs during construction and post-construction (i.e. operations stage) at
all locations in the state on which the SPIUs have facilities and installations (iv) ensure that cumulative
impacts at the federal level from any collective impacts of the SWAs activities are adequately mitigated
and monitored at the state level. The FMEnv will report to the FMWR and will receive the periodic
monitoring reports of the SMEnv through and from the FMWR.
7.1.3 The State Water Agencies/Authorities/Boards (SWAs)
The SWAs or SPIUs will be responsible ; (i) for complying with all Federal, State and Local Laws
regarding the environment and with all social/poverty guidelines, parameters and targets set by the
project, and of all triggered World Bank Safeguards policies (ii) to conduct and prepare an ESIA report
for their planned investments under this project and to submit the ESIA to FMEnv for clearance (iii) to
incorporate all appropriate mitigation measures identified in the ESIA into the project planning cycle,
technical and engineering designs and drawings, and PSP contracts (iv) to ensure that these mitigation
measures are complied with during construction and post construction (i.e. operations ) stages of their
activities, by self monitoring of their activities and by periodically reporting to its SMEnv and the FMEnv
(v) to maintain an adequate budget to implement the appropriate maintenance procedures and practices of
their operations required to ensure mitigation measures identified in their ESIAs are implemented and
sustain (vi) to ensure that contractors/consultants adhere to the General Environmental Management
47
conditions for construction contracts and (vii) to comply with any directives that may be issued from time
to time from the SMEnv and FMEnv.
7.1.4 The State Ministry of Environment (SMEnv)
The SMEnv are responsible; (i) for ensuring that activities planned under this project by the SWAs
comply with their states environmental laws and requirements, and that of the Federal Government and
the World Bank’s triggered Safeguards Policies (ii) for reviewing, and commenting on the Technical and
Engineering Design details of the SWAs and the mandatory and corresponding ESIA (iii) in
collaboration with the SWAs ensure that contractors/consultants adhere to the General Environmental
Management conditions for construction contracts (iv) to perform regular and intrusive monitoring regime
of the construction, operations and maintenance stages of the activities of the SWAs (v) for preparing
periodic monitoring reports on the activities of the SWAs at all stages of operations and to send these
reports on a regular basis to the SPIUs who will send it to the PCU at FMWR, who then process them and
send them to the FMEnv and World Bank, (v) to comply with ( consistent with state laws) the directives
of the FMEnv and FMWR (vi) to issue directives to the SWAs consistent with state laws on
environmental requirements.
7.1.5 The World Bank
The World Bank has overall responsibility to ensure that its Safeguards Polices are complied with. In
addition, the Bank will be responsible for the final review and clearance of ESIAs; as well as review and
give “no objection” to ESIAs TORs. The roles of these institutions for environmental and social
management of this project are summarized in Table 7.1.
Table 7.1: Summary Table of Institutional Framework for Environmental and Social Management.
Institution Tasks/Activities
Project Coordinating Unit (PCU) at
Federal Ministry of Water
Resources(FMWR)
Project Coordination and Oversight; reporting to IDA
Federal Ministry of Environment
(FMEnv)
Review, approval and clearance of ESIAs;
Monitoring SEPAs and reporting to FMWR.
State Ministry of Environment Review of ESIAs; Monitoring SWAs and reporting to FMEnv.
State Project Implementation Unit (SPIU)
or the State Water Agencies (SWAs)
Prepare ESIAs; Self-monitoring and reporting to SEPAs and
FMWR.
7.2 Capacity Assessment to Perform Attributed Institutional Roles.
The environmental and social sustainability of projects is highly and unavoidably dependent on the
capacity of the PCU, SIUs, SMEnv, SEPAs and FMEnv to carry out the associated design, planning,
approval and implementation work. It is therefore vital that adequate capacity is available at all levels to
carry out their ESMF responsibilities as well as the implementation of Environmental & Social
Management Plans (ESMPs). An assessment of the existing institutional capacity is discussed below.
7.2.1 The Federal Ministry of Water Resources (FMWR)
The PCU at FMWR will manage and supervise the implementation of technical assistance sub-projects in
the federal component of the project. Additionally, the PCU will perform selected coordination tasks and
serve as a resource and information help desk. The PCU is currently in place and consists of experienced
staff who managed the Bank financed National Water Rehabilitation Project and who are currently
overseeing the two on-going 1st and 2
nd National Urban Water Sector Reform Project (NUWSRP1 &2).
48
The ESMF is recommending that those saddled with working on environmental and social concerns (as
specified in the ESMF) on the 1st and 2
nd NUWSRP be given additional responsibility of following up
same issues on this project.
Key responsibilities would be:
Coordinate and liaise with the SMEnv and FMEnv.
Review periodic Environmental Audit reports from SWAs, SMEnv and FMEnv.
Advice FMWR on Environmental issues.
Compile and prepare periodic Environmental reports for submission to World Bank.
Review ESIA reports from SWAs..
Prepare TOR’s for Poverty Studies such as, social/poverty assessment.
Review and comment on Poverty Studies.
Monitor the performance of SWAs/PSP performance in meeting poverty targets/goals.
Review and compile periodic poverty performance reports from SWAs/PSPs and prepare periodic
consolidated reports for FMWR and World Bank.
7.2.2 Federal Ministry of Environment (FMEnv)
The role of the FMEnv in this project is as enumerated in 7.1.2.
The staffing levels at the EIA division of the FMEnv and the Impact Mitigation and Monitoring (IMM)
Branch of the EIA division are sufficient with adequate experience to carry out these roles.
7.2.3 State Water Agencies (SWAs)
No institutional capacity exists in the SWAs to implement and follow-up environmental and social
concerns. However, positions for Environmental Specialist and Social safeguards Specialist are proposed
in the SPIU staffing. Technical assistance funds will be available to the SWAs to hire these Specialists or
contract consultants as and when needed to support fulfillment of environmental and social
responsibilities under the ESMF (and RPF). Key responsibilities of Environmental and/or Social
Safeguard Specialist (or Consultants) would be:
Responsible for preparing the required ESIA or RAP (if necessary) for respective SWAs.
Ensure SWAs comply with all environmental guidelines of Federal, State and Local Authorities,
and Bank Safeguards policies during investment planning, construction and operations.
Liaise with SMEnv in the preparation of periodic environmental reports for submission to SWAs.
7.2.4 State Ministry of Environment (SMEnv)
The SMEnv will perform four key roles in their state in this project:
Review and comment on SWA’s ESIAs.
Monitor activities/operations of the SWAs.
Enforce State laws.
Report to FMEnv and FMWR on a periodic/regular basis.
The staffing levels are sufficient to carry out these roles. Key staff in these departments will be provided
with training as per training program here below.
7.3 Training Needs
Institutional strengthening will be required for the PCU and SWAs to effectively carry out the
environmental and social management responsibilities for sub-project implementation. Capacity building
will encompass PCU and SWAs and other state agencies involved in sub-project implementation. An
assessment of training needs and the development of a training strategy plan need to be conducted as an
initial implementation activity which will, inter alia, determine and confirm whether the training
programme proposed will suffice or is required. The objective of the training under the ESMF is to:
49
- Support SWAs to identify, prepare, implement and manage the environmental and social aspects
of their sub projects;
- Ensure that relevant government officials have the capacity to assist SWAs in preparing their
subproject proposal, and to appraise, approve and supervise the implementation of subprojects.
7.3.1 Proposed Training Program
Modules and topics for proposed training is as shown in Table 7.2:
Table 7.2: Proposed Training Programme for the Implementation of ESMF Capacity Building
Activity Proposed Topic Target Audience Duration Budget ($)
Module 1:
Training on the
Environmental
and Social
Assessment
Process
Overview of Environmental and Social Management
Process
Environmental screening process: including use of
screening form and checklist
Preparation of TOR for carrying out appropriate EA
instrument (ESIA, ESMP, RAP/ARAP)
ESIA Process
Necessity for RAP/ARAP and preparation process
Review and Approval of ESIA
Importance of Public consultation in the ESIA
Monitoring mitigation measures in ESIA/ESMP
Integrating ESMP into Sub-project cycle
Case Studies
Management of water quality laboratories
Environment & Social
Officers of PCU of
FMWR, SPIU, FMEnv,
SMEnv, SEPA, relevant
LGA departments,
Officers of SWAs.
10 days 18,000
Module 2:
Training on
Environmental
and Social
Policies,
Procedures &
Guidelines
Review of Nigeria’s Federal and State Environmental
Policies, Procedures, Legislation and Sectorial
Guidelines
Review of World Bank Safeguard Policies
Review of ESIA & Resettlement
Action/Compensation Plans
Collaboration with Institutions at Federal, State &
Local levels
Environment & Social
Officers of PCU of
FMWR, SPIU, FMEnv,
SMEnv, SEPA, relevant
LGA departments,
Officers of SWAs,
NGOs, CBOs.
5 days 9,300
Module 3:
Selected Topics
on Environmental
Protection
Sustainable use of Water Resources and Prevention
of Contamination
Soil Erosion during Construction
Sanitation Management
Impacts and Monitoring of Ground and Surface
Water Management
Environment Officers of
PCU of FMWR, SPIU,
FMEnv, SMEnv, SEPA,
relevant LGA
departments, Officers of
SWAs.
2 days 3,700
TOTAL 15 days 31,000
7.4 Cost Estimates The costs estimates are based on the assumption that the training program will be held at the state level;
resource persons are likely to come from other parts of the country and therefore require travel
allowances; participants will come from the FMWR, SWAs, SMEnv, SEPAs and FMEnv and attend
during the day only but will receive a per diem. These estimates include an allowance for travel expenses.
It is proposed that the training program will be implemented in each participating state and one in Abuja
over the first two years of the project. It is estimated that one complete training module of 17 days will
cost in total about US$31,000. There will be 4 modules offered separately. The total training cost is
estimated at US$124,000.
50
CHAPTER EIGHT: ENVIRONMENTAL AND SOCIAL ASSESSMENT PROCESS
8.1 Introduction
This section identifies and illustrates the steps involved in the environmental and social assessment
process leading towards the clearance and approval of SWA sub projects from an environmental and
social management point of view. The purpose of the process is to determine whether subprojects are
likely to have potential negative environmental and social impacts; to determine appropriate mitigation
measures for activities with adverse impacts; to incorporate mitigation measures into the subproject
designs; to review and approve subprojects proposals and to monitor environmental parameters during
implementation. This process is embedded into the overall timeline, phasing and project implementation
process for the entire NUWSRP3. The steps is presented in the flow chart in figure 8.1 and this is done in
line with the requirements of both, relevant Federal/ State laws and the Bank’s triggered safeguards
policies.
8.2 The Environmental and Social Management Process
The key steps in the environmental and social planning process are:
1) Preparation of an Environmental and Social Impact Assessment (ESIA)
In view of the anticipated size and scale of each participating SWA’s sub project in terms of; (i) their
funding envelope (ii) the extent of civil works required in the system’s rehabilitation and expansion (iii)
the high technical standards required of their operations in a reformed sector, (iv) the need for extensive
monitoring of their operations, and (v) the need for the activities of the SWAs to be economically and
financially viable while requiring them to extend coverage to the urban poor as well; the Nigerian laws
and World Bank policies therefore requires that each participating state prepares a separate
Environmental and Social Impact Assessment (ESIA)4 for their sub project/activities to be funded under
this project. These ESIAs are required to identify adverse environmental and social impacts from their
planned sub project investments, then to set out mitigation, monitoring and institutional measures to be
taken during implementation and operation of the sub projects to eliminate adverse environmental and
social impacts, offset them, or reduce them to acceptable levels. These ESIAs will be prepared only
during project implementation and subject to Bank’s “no objection” to the TORs. This broadly covers
Steps 1 to 5 in the flow chart (figure 8.1).
2). Incorporate Mitigation Measures into the Design.
The SWAs will re-introduce into/adjust/adapt/revise their sub project technical and engineering designs
(i.e. drawings , specifications for materials and workmanship, bills of quantities, contract clauses, etc.) the
required mitigation measures identified in the prepared sub project ESIA, before submission of the entire
sub project proposal5 for review and subsequent clearance. This covers Step 5 in the flow chart (figure
8.1).
3). Submit Proposals to respective State Ministry of Environment for onward transmission to the
Federal Ministry of Environment
The respective Ministry of Environment of the state in which the participating SWA is located will review
and clear the sub projects from an environmental and social standpoint only, by ensuring sub project
designs have identified environmental and social impacts, recommended mitigation measures of the
identified potential impacts and have monitoring plans and institutional measures to be taken during
implementation and operation. The SMEnv would verify that the sub project designs for the SWA
4 Sample TOR’s for the preparation of these ESIA’s can be found in Annex of this ESMF. 5 Sub project proposal is the complete set of dossier including the engineering and technical designs and the ESIA report.
51
activities in their state, meet environmental and social requirements of their state and national and federal
requirements and that they are consistent with the Bank’s OP 4.01, the overall NUWSRP3 ESMF (i.e. this
report) and other applicable social policies and safeguards of the World Bank.
The SMEnv would also review and check for compliance with this EA process. If, however the sub
project proposal unsatisfactorily addresses these issues it will be sent back to the SWA for re-design and
re-screening and then it must be re-submitted to the SMEnv for re-review. The revised design and the
ESIA will be reviewed again by the respective SMEnv, and if now acceptable, will be cleared for onward
transmission to the FMEnv and World Bank for final review and approval. Any proposed sub projects
that do not comply with the federal, state and local requirements of the Environmental Laws of Nigeria
and Social requirement guidelines of this project, and the requirements of the World Bank Safeguards
policies will not be cleared.
This process is designed to ensure that the environmental and social assessment process is part of and
conducted during the sub project design process thereby ensuring that sub project activities are
environmentally and socially acceptable and sustainable. The process will be guided by the generic
potential adverse environmental and social impacts often associated with urban water service projects,
outlined in Section 6 of this ESMF. This broadly covers Step 6 of figure 8.1.
4). Approval for Funding.
Approval for funding will be referred to the FMWR only given when the SMEnv have given
environmental and social clearance of the SWA sub projects. However, this will be subject to the FMEnv
and Bank’s review and approvals of the ESIAs. This broadly covers Step 7 to 8 in flow chart in figure 8.1.
8.3 Costs of Preparing ESIAs
There will be three ESIA prepared, one for each state. The cost of preparing good quality ESIA is
estimated at about US$ 80,000/per ESIA which gives a total of US$240,000. This will however depend
on the anticipated impacts and the scope of the project.
52
Step 2 Conduct PSP Option Study in each Participating State to recommend appropriate PSP option: Lease, Service Contract, Management Contract , Concession, etc.
Step 3 Convene workshop in each participating state of all stakeholders to approve PSP Option based on study report.
Step 4 i) Conduct Willingness-to-pay and tariff studies. ii) Detailed Investment Planning begins; producing among other requirements:
a) Engineering and Technical Designs for system Rehabilitation and Network Expansion.
b) Land Assessment Needs.
Step 1 Transaction Adviser (TA)
Step 5 Conduct ESIA to identify adverse impacts of ii)a in step 4 and design of mitigation measures to be incorporated in engineering and technical designs. TOR of ESIA subject to Bank’s ‘No objection’ Prepare RAP’s based on disclosed RPF if necessary based on ii)b in step 4.
Step 6 ESIA’s, engineering and technical designs submitted to the respective SMEnv for review. RAPs are also to be submitted to the respective SMEnv for review and final approval by FMEnv and World Bank.
Step 7 Transaction Adviser (TA) will prepare draft bidding and contract documents for award of PSP contract based on chosen PSP option from Step 3 above. These documents will incorporate engineering and technical designs from Step 6, which would form part of the activities/investment planning SWA and PSP to jointly carry out after award of PSP contract.
Step 8 TA to launch bidding process and will evaluate technical bids and make a recommendation for PSP award.
Step 9 Award of PSP Contract Step 10
a)System Rehabilitation and Network Expansion through execution of PSP contract. b)Operations Phase: i.e at Treatment Plants, Connection to New Customers etc. c)Continued Environmental and Social Management during a) , b) and maintenance stage.
End of Phase 1
Start of Phase 2
Project Implementation Start of Phase 1
At the end of Step 6, Engineering and Technical Designs for the planned investments would have undergone the environmental planning process and impacts fully mitigated in the designs.
Fig. 8.1: Key Stages in Project Cycle
53
8.4 Environmental and Social Management Plan (ESMP) for the Sub-Projects
The Environmental and Social Impact Assessments (ESIAs) that the SWAs are required by this ESMF to
prepare must contain an ESMP that will consist of a set of mitigation, monitoring and institutional
measures and cost to be taken during implementation and operations to eliminate adverse environmental
and social impacts, offset them, or reduce them to acceptable levels. The ESMP (which will be part of the
ESIAs) should include the following:
Environmental Impacts: This should outline all the environmental impacts that are associated with the
project especially as it affects air quality, water (ground and surface water), flora/fauna, soil, waste
management issues, social impact issues, for both the rehabilitation/reconstruction and operational phases.
Mitigation: Based on the environmental and social impacts identified in the prepared ESIAs, the ESMP
should describe with technical details the mitigation measures, together with designs, equipment
descriptions and operating procedures as appropriate.
Monitoring: The ESMP should also outline the environmental and social monitoring procedure that will
be implemented during the execution of the sub-projects and during operation in order to determine the
success of the mitigation measures. The ESMP should include monitoring objectives that specify the type
of monitoring activities that will be linked to the mitigation measures, cost and responsible institution for
monitoring. Specifically, the monitoring section of the ESMP provides:
A specific description and technical details of monitoring measures that include the parameters to be
measured, the methods to be used, sampling locations, frequency of measurements, detection limits
(where appropriate), and definition of thresholds that will signal the need for corrective actions, e.g.
the need for on-site construction supervision, or the need to test and treat for presence of
harmful/poisonous metals such as Pb, Hg, etc.
Monitoring and reporting procedures to ensure early detection of conditions that necessitate particular
mitigation measures and to furnish information on the progress and results of mitigation.
The ESMP should also provide a specific description of institutional arrangements, (i.e. who is
responsible for implementing the mitigation measures and carrying out the monitoring regime for
operations, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting
and staff training).The implementation arrangement for implementing Environmental and Social
management is discussed in Chapter Seven. Additionally, the ESMP should include an estimate of the
costs of the measures and activities recommended so that the SWAs can budget the necessary funds.
Similar to the process for carrying out the ESIA, the mitigation and monitoring measures recommended in
the ESMP should be developed in consultation with all the affected groups to include their concerns and
views in the design of the ESMP.
8.5 Estimated Budget for Implementing ESMF
The estimated to implement the ESMF is the recapitulation of the following:
- Training on the implementation of ESMF
- Preparation of ESIAs
- Bi-annual review of ESMF performance.
The total estimated cost for the implementation of the ESMF is US$514,000. Table 8.1 provides a
breakdown of the cost.
Table 8.1 Estimated Budget for the Implementation of ESMF S/N Activity Quantity Unit Cost ($) Total ($)
1 Training on implementation of
ESMF 4 31,000 124,000
2 Preparation of ESIA 3 80,000 240,000
3 Bi-annual Review of ESMF
performance 3 50,000 150,000
Total 514,000
54
CHAPTER NINE: MONITORING PLAN
9.1 Introduction
The Monitoring Plan is a schedule that itemizes the varying mitigation measures associated with each
sub-project phase and how implementation will be monitored. This is done for the purpose of ensuring
that compliance is made consistent with the programme of mitigation in the ESMF and ESMP. The
monitoring plan helps to ensure timely project completion, implementation to specification and quality as
well as detecting early possible variations in items that need to be addressed in the project
implementation. Thus the objective for monitoring is twofold:
1) to alert project authorities and to provide timely information about the success or otherwise of the
Environmental and Social Management process outlined in this ESMF in such a manner that changes can
be made as required to ensure continuous improvement to the process.
2) to make a final evaluation in order to determine whether the mitigation measures designed into the
SWA’s project activities ( sub projects) have been successful in such a way that the pre- project
environmental and social condition has been restored, improved upon or worse than before and to
determine what further mitigation measures may be required.
Items of the monitoring plan includes; (1) mitigation measures, (2) monitoring indicator,(3) parameters to
be monitored/measured, (4) monitoring device/equipment, (5) frequency of monitoring, (6) monitoring
responsibilities and (7) cost of monitoring (equipment, transportation and labor). A number of indicators
would be used in order to determine the status of affected people and their environment (land being used
compared to before, number of customers compared to before, level of new investment in sanitation
compared to before, how many poor customers connected to/served by SWAs compared to before, health
standards, how many clean water sources than before, how many people employed than before etc.).
The following are some pertinent parameters and verifiable indicators to be used to measure the ESMF
process, mitigation plans and performance;
Number of people at the PCU at FMWR, FMEnv, SMEnv, SEPAs and SPIUs/SWAs who have
successfully received ESIA training in screening methods etc., evaluate the training content,
methodology and trainee response to training through feedback.
Number of SWAs who have adopted the ESMF process as required for all their sub project
activities; evaluate the rate of adoption.
Number of SWA sub projects preparing the required ESIA.
How has the adoption of the ESMF requirements improved the environmental health and bio-
physical state of the customers of the SWAs?
Has the adoption of the ESMF processes by the SWAs resulted in improvements in the
sustainable use of water resources?
How many SWAs have implemented an effective and working facilities maintenance program?
How many SMEnv are up to date with their periodic monitoring reports?
Is the FMEnv receiving the periodic monitoring reports of the SMEnv and what are the main
concerns of the FMEnv at this stage?
Is the FMWR receiving and compiling the periodic reports of the SMEnv and is it forwarding it
to the FMEnv?
Overall assessment of (i) activities that are going well (ii) activities that need improvements and
(iii) remedial actions required.
Are the processes identified in this ESMF working well?
Final Question: Based on the performance of the SWAs/PSP, what, if any changes to the ESMF
or RPF is needed. Should there be additional training/ capacity building measures to increase the
performance of the SWAs, SMEnv and SEPAs.
55
9.2 Monitoring Roles and Responsibilities
9.2.1 The Federal Ministry of Water Resources (FMWR): The FMWR will be responsible for
ensuring project compliance of the SWAs with the environmental laws of Nigeria and social requirements
set by the NUWSRP3 project, but will be assisted as defined above by the SMEnv and the FMEnv. The
FMWR will monitor their activities by reviewing the consolidated periodic monitoring reports of the
FMEnv and by conducting periodic technical audits of the SWAs.
9.2.2 The Federal Ministry of Environment (FMEnv): The role of the FMEnv is as detailed in
Section 7.1.2. They will review periodic reports from the SMEnv and also undertake periodic site visits to
inspect and verify for themselves the nature and extent of the impacts and the success or lack off, of the
mitigation measures.. The FMEnv will report to the FMWR.
9.2.3 State Water Agencies/Authorities/ Boards: It is planned that the environmental and social
impacts and their designed mitigation measures are to be monitored during implementation
(construction/rehabilitation works) and operation including maintenance stages of the SWA’s sub
projects. The roles and responsibilities for monitoring impacts and mitigation measures will be as follows:
- The SWAs will monitor and evaluate the environmental and social impacts of sub-project activities
and the mitigation measures designed, regularly and as frequently as specified in the sub project
ESIAs and will maintain suitable records to be made available to their respective SEPA. The SWAs
will monitor the water quality effects from the treatment plants as part of normal plant operations, and
the impacts and mitigation measures during all phases of their sub project execution cycle, from
transaction stage in Phase 1 to construction, operations and maintenance executing stages in Phase 2.
- The SWAs will also be responsible for monitoring the environmental and social impacts and
mitigation measures resulting from the action of their contractors, sub-contractors, transporters,
suppliers and all other third parties in the course of their duties under the sub project.
- Furthermore, the SWAs would also be responsible for monitoring the environmental and social
impacts and mitigation measures of their subproject activities at other locations beyond their project
sites, at end user locations such as at the RBDA’s ( monitor Dam sites), sanitation infrastructure sites,
downstream of water treatment plants to monitor river water quality, etc.
Therefore, wherever environmental and social impacts are attributable to their sub project activities the
appropriate mitigation measures will apply consistent with the sub project ESIA, and they would be
responsible for monitoring and evaluating the same. The SWAs will report to their SMEnv and to the
FMWR.
9.2.4 State Ministry of Environment: The SMEnv will play the leading role of monitoring the
activities of the SWA in their state. The SMEnv will carry out this role by ensuring that the sub project
Environmental and Social Management Plan (ESMP) contained in the cleared sub project ESIA reports is
being implemented as specified therein. That is to say that the SMEnv will monitor the SWAs monitoring
procedures and report on a regular basis, perhaps quarterly. They will rely on a bottom up feedback
system from the SWAs by going through their monitoring reports and making regular site visits to inspect
and verify for themselves the nature and extent of the impacts and the success or lack off, of the
mitigation measures.
The Monitoring Plan specifies the monitoring measures to be carried out with linkages to the potential
adverse impacts that would have been identified through a process contained in chapter 8, by: (i)
Scheduling and coordinating monitoring tasks; (ii) Evaluating mitigation effectiveness; (ii) Identifying
where applicable, corrective management practices, and (iv) Ensuring that monitoring findings are
suitably evaluated and incorporated into future management decisions.
56
9.3 Costs for Implementing the Monitoring Plan
A third party bi-annual review of the ESMF (and RPF) performance (most likely by a reputable company
or individual consultant) is recommended. This is in order to assess difficulties, needed improvements,
capacity building requirements, lessons learned, etc. These reviews will be at a cost of US$ 50,000 each.
A lump sum of US $ 150,000 should be kept aside for these third party bi-annual reviews. A generic
motoring plan is presented in Table 9.1.
Table 9.1: Generic Monitoring Plan for the NUWSRP3 Project Based on the Mitigation Measures Mitigation Measures Parameters to be
Monitored
Where the
parameters will be
monitored
How the parameter
will be
monitored/monitoring
equipment
Unit Responsible Cost
Construction Phase
Maintain zones of preliminary accumulation of
wastes that will cause no damage to the vegetation
cover and other components of the environment
Area designated for
preliminary waste
accumulation
At work site Visual Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
Arrange transport and disposal of wastes according
to the established traffic management plan,
procedure and in the approved dump sites designated
for the specific purpose.
Proper waste disposal At work site during
construction
Visual Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of
routine
supervision
Maintain appropriate operating rules for the camps in
identified suitable sites, including safe handling of
silt material, control of access, adequate drainage,
and rehabilitation after construction.
Written rules placed in
strategic position in
the site.
At work site during
construction
Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
Implement the measures to control spillage of toxic
substances that will be included in construction
contracts, including: guidelines for the proper storage
and sitting of hazardous material such as oil, grease,
fuel, asphalt, or ignitable and corrosive materials;
lubricants will be collected in clearly marked
containers and reused if possible, or disposed of at
properly regulated offsite locations; water samples
will be taken and tested for oil when there is a risk of
spills or leakages to canal waters, surface waters, or
groundwater.
Ground water
pollution
(water and soil quality,
Suspended solids, oils,
pH value). Test results
of water samples,
containers for safe
storage of oils,
lubricants etc
At work site during
construction
Inspection and
Laboratory analysis
1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost and
contract
preliminaries
Use closed/covered trucks for transportation of
construction materials and wastes. Depending on
season, wash truck tires as appropriate to control
tracking mud and dust onto paved roads.
Covered trucks as part
of equipment
At work site during
construction
Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
Provide workers who deal with hazardous materials
or are exposed to dust with necessary protection
gear, and follow applicable regulations and
procedures as established by the
Government authorities.
Safety equipment
provided- Fire
Extinguishers
inspection records,
Spill Kit, Personal
Protective Equipment
inspection checklist
At the work site Un announced
inspection
1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
58
records, First Aid
Shower, Eyewash and
Box Inspection
records)
Workers will have and use safety equipment during
cement pouring and while using heavy equipment.
Safety and protective
equipment
At work site Un announced
inspection
1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
Development of Site Specific Emergency Response
Plan
Emergency response
plan and drills-
Chemical Spill
response drill records,
Emergency Fire Alarm
drill records
At work site Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
Use appropriate well serviced machinery to reduce
noise output
Machinery on site,
Noise level in the
surrounding, noise
level should not
exceed 90dBA (
FMENV)
At work site Inspection of noise
levels
1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
Communicate to people as regards when water will
be stopped to facilitate repair activities, reduce time
period when water flow is disrupted.
Means of
communication
employed e.g. radio
announcements,
newspaper adverts etc.
Office of
Participating SWA
Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
Conduct an awareness raising campaign for the
localities.
Develop, produce and circulate leaflets to educate
people of dangers of sexually transmitted diseases
and how to prevent them.
Print posters to educate people on HIV/AIDS.
Number of campaigns
conducted, leaflets and
posters education the
populace on
communicable
diseases produced
Office of
Participating SWA,
public notice boards
etc.
Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
If demolition and/or dislocation is required, the
project affected persons will be compensated in
accordance with WB OP4.12 before the construction
starts.
List of affected
persons compensated
Office of
Participating SWA
Inspection 1.Participating SWA
2. SMEnv
3. FMEnv
4. FMWR
Part of project
management
cost
If it is required, develop and implement a
Resettlement Action Plan (ARAP) and/or obtain
Servitude. The construction works will start after the
compensations are paid to the project affected
persons (PAPs) and servitudes acquired.
ARAP document Office of
Participating SWA
Inspection Participating SWA
2. SEPA
3. FMEnv
4. FMWR
Part of project
management
cost
59
CHAPTER TEN: PUBLIC CONSULTATION
10.1 Introduction
Public Consultation is an integral part of the Environmental and Social Management Process. And as
such, the success of NUWSRP3 depends on the meaningful participation of all stakeholders. The purpose
of consultation is to seek the participation of all the stakeholders in the water sector in the states, not least
of all the urban and peri-urban communities who will be served by the SWAs, NGOs, potential PSPs and
all other stakeholders, thereby introducing transparency and accountability in the project.
During the preparation of this revised ESMF and the RPF, field visits were carried out and consultations
were held with officials of relevant MDAs and other key stakeholders in order to adequately appreciate
their views and concerns with regards to the environmental and social impacts of planned project
activities. The consultations were aimed at presenting the proposed project, ESMF and RPF to the
stakeholders and getting their views and feedback.
10.2 Consultation Strategy
In order to ensure full participation of stakeholders, the consultation strategy adopted was based on the
identified project areas in the participating states. The Consultant with the assistance of SPIU staff
identified the following stakeholders:
Traditional Rulers and Chiefs
Community Leaders
Community Associations
Women Groups
Youths
Housing Estate Associations
The consultation approaches used in eliciting inputs from stakeholders into the ESMF included meetings,
administration of questionnaires and Stakeholders Consultation Forum. Consultations were basically
carried out in two forms, viz;
- Meeting/Discussions with PIU, SPIUs and officials of the FMEnv, SMEnv and SEPAs.
- Consultations with stakeholders in the project areas in Bauchi and Ekiti States.
10.3 Summary of Public Consultation
Stakeholder consultations were held in Bauchi town, and in Ado, Ikere, Odo and Iworoko in Ekiti State.
Participants comprised potential project affected persons, vulnerable groups (women, youth), traditional
ruler and chiefs, NGOs and local community representatives such as CBOs. The complete list of those
consulted can be found in Annexes1 & 2 of this report.
The proceedings took the form of:
Introduction of the project to community members and stakeholders;
Sensitizing them on environmental and social safeguard issues;
Entertaining comments and questions from stakeholders, and
Addressing concerns raised by stakeholders.
Table 10.1 captures the summary of the proceedings and outcomes of the public consultations.
60
Table 10.1 Summary of Stakeholders Consultations S/No Name of
Stakeholders
Date Language of
Comment
Response Feedback Concerns / Complaints Remarks / Recommendation
1 Ado Town 5th
June,
2013
English Respondents commend the
World Bank for selecting
Ekiti as one of the state to
benefit from the
NUWSRP 3 and are
anxious to see the project
come to reality.
• A lot of communities in Ado
town including schools are
without water.
• Most of the water pipes in the
state were constructed as far
back as 1962.
• Resident will spend less on
health problem if they have
access to good and quality water.
• Incessant digging of wells &
boreholes by residents may lead
to landslides.
• Will those who have illegally
encroached on the ROW be
compensated?
• Would stakeholders be expected
to contribute in any way to the
actualization of the projects?
• How soon would the project take
place?
• Flooding might occur in the
operational phase of project as a
result of busted pipe, what would
be done to prevent that?
• What will be done to those who
deliberately build houses on
water pipes?
• A lot of projects in the state are
carried out without due
consideration of the environment
• Project may result in damage to
existing utilities
• How would breaking of roads be
prevented during pipe laying?
• What would be done to prevent
incessant bursting of pipes and
subsequent contamination of
water?
• The PIU should liaise with the Ministry
of Information for proper sensitization
of residents of affected
communities/housing estate about the
project.
• The pipe should be laid deep into the
ground to avoid exposure
• ESIA should be conducted before the
commencement of the project
• There should be synergy between the
Water Corporation and the Ministry of
Works so pipeline ROW can be put
into consideration during the design
and construction of roads
• Routine inspection & maintenance
should be carried out on the pipes
• Old existing water pipes should be re-
laid.
• Structures closed to dams and other
water sources should be relocated
2 Afao/Kajola
in Ikere
Community
5th
June,
2013
English,
Yoruba
The stakeholders
acknowledge the role that
water plays in human and
community development
and therefore commend
the World Bank for their
effort in providing safe,
clean and affordable water
to the community
• Similar project was embarked
upon by the EU but was later
abandoned.
• Location of storage facilities has
been paid for through
community contribution
• Route for main and service lines
have been identified.
• How sustainable would the
project be?
• How would compensation be
carried out?
Pipeline network which has been
designed by the Water Consumer
Association executives can be
incorporated into the proposed project
3 Odo Town 5th
June,
2013
Yoruba Dwellers view the
provision of water as a
divine intervention to their
problem and are very
enthusiastic about the
• Town is suffering from acute
water problems
• Most dwellers depend on sachet
water their everyday needs
• Request has been made and
What role does the community
have to play in aiding the
actualization of the project
NA
61
project frequent visit has been conducted
to the Water Corporation but
nothing has been done to the
effect
• The community is willing to
sacrifice for the actualization of
the project
4 Iworoko
Town
5th
June,
2013
Yoruba They responded that they
are in dare need of regular
supply of piped water as
most of the dwellers
depend on hand dug wells
which does not completely
serve the town which is a
host community to a
higher institution
• The town had once benefited
from piped water long before the
creation of Ekiti state
• The use of heavy machinery
during the dualization of the road
passing through the town led to
the bursting of existing pipe
thereby alienating them from
their source of water supply.
The exact route of the pipes,
borehole location
• Compensation issues should be looked
into
• A main pipe should be laid to connect
the reservoir at Ifaki to with that at
Iworoko
• Employment of indigenes and the use
of companies sited at Iworoko should
be considered.
5. Bauchi town,
Bauchi State
4th Jun,
2013
English and
Hausa
• Water supply and
sanitation has been a
major concern in the
state
• This project is for the
wellbeing of the
community dwellers and
the inputs of the
community leaders.
• The project will attract
population increase,
introduction of social
vices, environmental
pollution such as dust
during soil excavation
e.t.c
• The expansion and
reconstruction of the
dams have issues on soil
nature.
• In Ningi the only
working water station
serve 2:3of the total
community
• All stakeholders should fully
participate in the project.
• Water scarcity has been a major
problem in the state
• The available water stations in
the rural towns is supplying low
amount of water compared to the
population in demand.
• Implementation of the project
may increase social vices health
problems , increase in crime,
e.t.c
• Who will be responsible for the
maintenance of the process,
equipments and infrastructures
that will be put in places in the
LGAs?
• A clarification of which
enforcement billing bodies
should be mentioned and
metering and metering public
water points
• When is the project
commencing?
• Will there be a capacity building
and the involvement of
stakeholders in the project?
• Who will compensate the
community dwellers?
• If the water treatment plant is
expanded a new reservoir should be
made, the new expansion should be
connected directly and that the old
one should be maintained.
• General public awareness,
mobilization and sensitization will be
needed.
• Extensive trainings for the
communities and other stakeholders
involved in the project in their
different aspects.
• Contracts should not be awarded to
low standard companies.
• Compensation of local business
women that may be affected due to
the project.
• The use of equipments and machinery
that will not affect the design of the
community settlement during civil
works due to the old nature.
62
10.4 Consultation Plan
The ESMF and RPF will be disclosed in Nigeria and at the World Bank’s infoshop. Consultations will
continue:
During the preparation of the ESIAs for each participating SWA. The approved and cleared ESIAs
will be disclosed publicly in each State.
During the preparation of Resettlement and Compensation Plans extensive consultations will take
place when the socio-economic study and census exercise is being conducted.
Public participation and consultations would take place through workshops, seminars, symposia,
meetings, radio programs, request for written proposals/comments, filling in of questionnaires/forms,
public readings and explanations of project ideas and requirements.
Public documents would be made available at the, federal, state and local levels at suitable locations like
the offices of the FMENV, the FMWR, the SMEnv, SEPAs and the SWAs, and at state/public libraries,
complying with federal and state laws regarding disclosure of public documents. In line with the legal
requirements, public consultation especially the display of the ESMF and other environmental documents
will be done for 28 days.
The consultation plan will be monitored by FMEnv and SMEnv who will set their own verifiable
indicators to assess the degree of participation of the key stakeholders during all phases of project
implementation.
The SMEnv will make recommendations when they clear/review SWA’s sub project ESIAs, consistent
with the consultation plan (Table 10.2).
Table 10.2 Consultation Plan
Project Stage Activities Institutional Responsibilities
During Project Preparation Preparation of ESMF and RPF PCU at FMWR
Implementation SWAs and PSP perform
according to transaction
contract.
SWAs, PSP partners, SMEnv
and FMWR
Monitoring Review of verifiable indicators FMEnv, FMWR, SWAs and
SMEnv.
63
ANNEX 1
LIST OF OFFICIALS CONSULTED DURING THE PREPARATION OF THE ESMF AND RPF
S/No Name Designation E-mail Phone No
1. Engr Benson Ajisegiri Project Coordinator – PCU-
NUWSRP [email protected]
08033737149
2. Mr. J.A. Alonge Deputy Director – EA
FMEnv - 08035893120
3. Kayode Jegede Special Adviser – BIPU [email protected] 07064172278
4 Mr. Foluso Daramola PS BIPU [email protected] 08035067313
4. Omobolanle Fakunle PS – Ekiti State Ministry of
Environment 08033970767
5 Engr. S. O Adetunji Chairman, EKSWC [email protected]
6 Engr. O S Ojuola General Manager EKSWC [email protected] 08063034659
7 Nancy Taiwo Communication and Social
Safeguard Specialist
[email protected] 08066647941
8 Olatunji O.D M&E Specialist [email protected] 08033887422
9 Olorunfemi D B HRDO [email protected] 08062941481
10 Adewumi A S Small Town & APC [email protected] 08033761170
11 Oluwole Ayodeji Procurement Specialist [email protected] 08034915726
12 Waziki Y Jaum BASEPA (PS) 08068112519
13 Engr. Aminu Aliyu
Gital
General Manager/project
coordinator, BSWB [email protected] 08032849137
14 Babangida Gambo Min. of Environment 08032305955
15 Mr. Idris Bello Environmental Safeguard
Officer [email protected] 08058629996
16 Abdulmumini
Mailafiya
Project Engineer- BSWB 08037902809
17 Mrs Patricia Simon-
Hart
Honorable Commissioner
MWRRD Rivers State [email protected]
18 Engr. M. M Mweo Ag. General Manager
PHWC [email protected]
19 Judith Martyns-
Yellowe
Tech Ass to Honorable
Commissioner MWRRD [email protected] 08175132482
20 Ijeoma Samuel [email protected]
21 Engr. Dahiru NUWSRP [email protected] 0803302536
64
LIST OF STAKEHOLDERS CONSULTED IN BAUCHI STATE
S/
N
NAME ORGANIZATION ADDRESS EMAIL PHONE NO
1 Engr. Hossana John
Dajari
SUWASA BSWB Hqtrs [email protected] 08036441206
2 Abdulrahman Ishaku NINGI L.G.A. Works & Housing
Dept. Ningi L.G.
- 08054952436
3 Khadijat Musa ‘’ ‘’ “ “ [email protected] 08058644624
4 Abdulmumin Mailafiya BSWB No 15 gombe road.
G.R.A. Bauchi
[email protected] 08037902809
5 Kabiru Adamu Sade Darazo L.G.A. Dazaro L.G.A. [email protected] 08096344100
08023557849
6 Garba Sabo Kirfi L.G.A Kirfi L.G.A. [email protected] 08050700015
08026911517
7 Idris D. Bello BSWB Bauchi [email protected] 08058629996
8 Yusuf B. Isah(Barde) Bauchi district Head
office
Railways road
bauchi
- 08058630897
9 Almustapha Rabiu SUWASA BSWB [email protected] 07038187505
10 Bala Shehu BSWB BSWB [email protected] 08020590063
11 Abdullahi Abubakar Gubi Dam FIRO - 07036460516
12 Inuwa T. Dass BSWB Bauchi - 08058630003
13 Mustpha Idris FAWOYAI Bauchi [email protected] 07054535362
14 Muhammad Suleiman
Dazaro
BSWB Bauchi [email protected] 07061206857
15 Aliyu Musa Dambam BSWB Bauchi [email protected] 07061206857
16 Adamu Ali MOWRBH Bauchi [email protected] 08060182506
17 Bitkon David O. BSWB Bauchi [email protected] 08025204274
18 Moh’d Dubigari Bello BSWB Bauchi [email protected] 08038953493
19 Engr. Haruna
Mohammed
BSWB Bauchi [email protected] 08023632817
20 Miriam Y. Iliya RAHAMA Bauchi [email protected] 08036199703
21 Gambo Saleh DEC Bauchi [email protected] 08029043748
22 Alh Nuhu Musa Giade Dir Works SHIRA
LGA
Shira LGA - 08035695057
23 Danbana balkakori S.U.P.R.W.S Shira LGA - 07069053479
24 Abdullahi Alhaji Tata Works Kirfi L.G Works &water
supply Kirfi
[email protected] 08058632300
25 Abdulhamid Adamu Work Tafawa Works and Water
supply
08099219211
26 Ibrahim Mohammed
Abubakar
Project Accountant BSWB [email protected] 08020591724
27
Engr. Ibrahim Moto
Suleiman
TPM
BSWB
07084704004
28 Ahmed A Jaji Works T/Balewa
L.G. Bununu
Works and housing
Water Supply
- 08167579898
29 Deborah D. Kogi WEIN/NEWSAN Bauchi weinig@[email protected] 08069770781
30 Abubakar A. Fateh M&E BSWB [email protected] 08069156672
31 Shehu Y. Jalam P.R.O BSWB [email protected] 08036909503
32 Ahmed Usman AGM/PRS BSWB - 08089778103
33 Engr. Aminu Aliyu
Gital
BSWB GM BSWB [email protected] 08032849131
34 Waziki Y. Jaurn BASEPA (PM) BASEPA - 08068112519
ANNEX 2A
65
LIST OF STAKEHOLDERS CONSULTED IN EKITI STATE
S/N NAME ORGANIZATION ADDRESS EMAIL PHONE NO
ADO
1 Sir A S Aluko Irewole Community C/o State Housing,
Ade-ekin
08035050241
2 Ch. F.A Daramola GRA/Onisinla/Onigari 2, Adebayo Daramola
cresc. GRA. Ado Ekiti
08033889197
3 J O Ogunleye GRA/Onisinla/Onigari 24, opp spotless hotels,
onigari
4 Komolafe B Sola Water Corp Water works road Ado 08062148966
5 Engr Ofere B.M Water Corp (STWSSP) Adusco Bldg Ado-Ekiti 08039151095
6 Mr. Olorunfemi D.B Water Corp (PIU) EKSWC Ado-Ekiti [email protected]
ov.ng
08062941481
7 Mr. Salam Omotoso
K
Water Corp (DCS) EKSWC Ado-Ekiti [email protected] 08063216366
8 Mr Adeyemi T A Water Corp (STWSSP) Adusco Bldg Ado-Ekiti 07068851813
9 Nancy Taiwo Comm & Social
Safeguard
BIPU [email protected] 08066647941
10 Oluwole Ayodeji Procurement Specialist BIPU [email protected] 08034915726
11 Olatunji O D M & E specialist (PIU) EKSWC [email protected]
g
08033887422
12 Olamiju E. O Information 08061240473
13 Dr. S O Ayo Stakeholder 15 Ekute Quarters Ado 08135033048
14 Foluso Daramola Infrastructure Gov. Office Ado [email protected] 08035067313
15 Engr. O S Ojuola Water Corporation
(SHAE)
EKSWC Ado-Ekiti [email protected] 08063034659
16 Dame A O
Olubummo
Stakeholder Prof. Egunjobi st. State
Housing Okeila
08066778865
17 V/R M.I Adebayo Stakeholder No 4 Oguniyi str, State
Housing Okeila
07065584957
18 Engr Daramola O. J Water Corporation EKSWC [email protected]
.ng
08038282246
19 Engr(Mrs.) Agbeyo
O.A
Water Corporation EKSWC Ado-Ekiti [email protected]
g
08035645188
20 Adunmo O Stephen BIPU Gov. Office Ado-Ekiti [email protected] 08061100438
21 Owoseni Gbenga BIPU Gov. Office Ado-Ekiti [email protected] 08067475550
22 Engr. Adewumi A S Small Towns Specialist,
PIU/APC
EKSWC [email protected]
.ng
08033761170
23 Hon Femi Babalola Stakeholder 4 Spotless road, Onigari [email protected] 08039105549
24 J.O Akinola Stakeholder 53 Bisi Egbeyemi
Crescent GRA Ado
[email protected] 08030657045
25 A K Adebayo EKRUWASSA Oke Osun Ikere-Ekiti [email protected] 08033175000
26 Owolabi G D EKRUWASSA Oke Osun Ikere-Ekiti [email protected] 08067311123
27 Engr. S O Adetunji EKSWC Headworks Ajilosun
Ado
g
08034306639
28 Dr Lola Okwuosa World Bank Abuja [email protected] 08066823007
29 Julius Afolami Min of Environment Ado Ekiti [email protected] 07034759333
30 Akodu D O SEPA Ado Ekiti 08030656672
31 Idoreyin Udosen GEHS Abuja [email protected] 07031846642
AFAO/KAJOLA (IKERE)
32 Fagbule S.J Secretary WCA Afao/Ikajola 08036344739
33 Engr Ariyo A O Scheme Supv Afao/Ikajola 08164029383
ANNEX 2B
66
34 Adamolekin J O Community Member Afao/Ikajola 08034853728
35 Samuel Akogun Community Member Afao/Ikajola 08074249807
36 Beatrice ilesanmi Community Member Afao/Ikajola
37 Folorunsho Jayeola Community Member Afao/Ikajola 07066226890
38 Joseph Omoyeni Community Member Afao/Ikajola 08076250880
ODO
39 Chief Francis
Adeseemo
07065718590
40 Chief Adekunle
Atoki
Olofun Compound Odo 08060837770
41 Mr Rotimi Ojo Behind Odo Health
centre
08060409636
42 Chief M A
Omotoguibo
Mayo Hostel 08033792663
43 Prince Adejo
Lawrence
Odo Ado 08037990001
44 Elder Tayo Adaolu Odo Ado 07060589828
45 Sunday Elesemi Odo Ado 08104735449
46 Prince Adeyemi
Adetokunbo
Odo Ado 07062323443
47 Olusola Dada Odo Ado 07032893295
48 Moses Opeyemi Odo Ado 08061202956
49 Isaac Moses Odo Ado 08035746381
50 Sunday Akin Odo Ado 08034160122
51 Veronica Ilesanmi Odo Ado 08136678358
52 Esther Adeola Odo Ado 07037994021
53 Funke Olalere Odo Ado 08050286379
54 Adedokun Olalere Odo Ado 08152484852
55 Adeola Julius Odo Ado 08062615998
56 Alice Usman Odo Ado
57 Makonjuola Mary Odo Ado 08105388447
58 Ajoke Ojo Odo Ado 08135368343
59 Comfort Kayode Odo Ado 08151941743
60 Chief Saro Odo Ado
61 Joseph Oberi Odo Ado
IWOROKO
62 HRM Oba M. A.
Aladejena
08038183394
63 High Chief Folare
JP
Akodi Arinjala 08067200854
64 Chief Bada J F 1, Okeeba st Iworoko 08068921064
65 High chief A.A
Ologunsaba
Olulodo of Iworoko Akodi, Arinjale 08166385058
66 Chief Odofin Oksobo street Iwokoro 08033736185
67 High Chief Kasali
Adeleye
4, Idafin QTRS
Iwokoro
07066656330
68 Chief ogunsanya
Odole
12, Okeede Iwokoro 08130240360
69 Chief Komolafe 11,Temidire Iwokoro 08063031682
70 Chief Fatayo
Odogun
Ayegunle St. Iwokoro 07064582046
67
ANNEX 3.0
World Bank Environmental and Social Safeguard Policies (Summary)
Environmental Assessment (OP 4.01). Outlines Bank policy and procedure for the environmental
assessment of Bank lending operations. The Bank undertakes environmental screening of each
proposed project to determine the appropriate extent and type of EA process. This environmental
process will apply to all sub-projects to be funded by NUWSRP3.
Natural Habitats (OP 4.04). The conservation of natural habitats, like other measures that protect and
enhance the environment, is essential for long-term sustainable development. The Bank does not
support projects involving the significant conversion of natural habitats unless there are no feasible
alternatives for the project and its siting, and comprehensive analysis demonstrates that overall
benefits from the project substantially outweigh the environmental costs. If the environmental
assessment indicates that a project would significantly convert or degrade natural habitats, the project
includes mitigation measures acceptable to the Bank. Such mitigation measures include, as
appropriate, minimizing habitat loss (e.g. strategic habitat retention and post-development restoration)
and establishing and maintaining an ecologically similar protected area. The Bank accepts other
forms of mitigation measures only when they are technically justified. Should the sub-project-specific
ESIAs indicate that natural habitats might be affected negatively by the proposed sub-project
activities with suitable mitigation measures, such sub-projects will not be funded under the
NUWSRP3.
Pest Management (OP 4.09). The policy supports safe, effective, and environmentally sound pest
management. It promotes the use of biological and environmental control methods. An assessment is
made of the capacity of the country’s regulatory framework and institutions to promote and support
safe, effective, and environmentally sound pest management. This policy will most likely not apply to
NUWSRP3.
Involuntary Resettlement (OP 4.12). This policy covers direct economic and social impacts that both
result from Bank-assisted investment projects, and are caused by (a) the involuntary taking of land
resulting in (i) relocation or loss of shelter; (ii) loss of assets or access to assets, or (iii) loss of income
sources or means of livelihood, whether or not the affected persons must move to another location; or
(b) the involuntary restriction of access to legally designated parks and protected areas resulting in
adverse impacts on the livelihoods of the displaced persons. The ESMF and RPF reports discuss the
applicability of this policy in detail.
Indigenous Peoples (OP 4.10). This directive provides guidance to ensure that indigenous peoples
benefit from development projects, and to avoid or mitigate adverse effects of Bank-financed
development projects on indigenous peoples. Measures to address issues pertaining to indigenous
peoples must be based on the informed participation of the indigenous people themselves. Sub-
projects that would have negative impacts on indigenous people will not be funded under NUWSRP3.
Forests (OP 4.36). This policy applies to the following types of Bank-financed investment projects:
(a) projects that have or may have impacts on the health and quality of forests; (b) projects that affect
the rights and welfare of people and their level of dependence upon or interaction with forests; and (c)
projects that aim to bring about changes in the management, protection, or utilization of natural
forests or plantations, whether they are publicly, privately, or communally owned. The Bank does not
finance projects that, in its opinion, would involve significant conversion or degradation of critical
forest areas or related critical habitats. If a project involves the significant conversion or degradation
of natural forests or related natural habitats that the Bank determines are not critical, and the Bank
determines that there are no feasible alternatives to the project and its siting, and comprehensive
analysis demonstrates that overall benefits from the project substantially outweigh the environmental
costs, the Bank may finance the project provided that it incorporates appropriate mitigation measures.
Sub-projects that are likely to have negative impacts on forests will not be funded under NUWSRP3.
68
Physical Cultural Resources (OP4.11). The term physical cultural resources also known as “cultural
property” includes sites having archeological (prehistoric), paleontological, historical, religious,
aesthetics or other cultural significance. The Bank’s general policy regarding cultural property is to
assist in their preservation, and to seek to avoid their elimination. Specifically, the Bank (i) normally
declines to finance projects that will significantly damage non-replicable physical cultural resources,
and will assist only those projects that are sited or designed so as to prevent such damage; and (ii) will
assist in the protection and enhancement of physical cultural resources encountered in Bank-financed
projects, rather than leaving that protection to chance. The management of physical cultural resources
of a country is the responsibility of the government. The government’s attention should be drawn
specifically to what is known about the physical cultural resources aspects of the proposed project site
and appropriate agencies, NGOs, or university departments should be consulted; if there are any
questions concerning physical cultural resources in the area, a brief reconnaissance survey should be
undertaken in the field by a specialist. NUWSRP3 will not fund sub-projects that will have negative
impacts on physical cultural resources.
Safety of Dams (OP 4.37). For the life of any dam, the owner is responsible for ensuring that
appropriate measures are taken and sufficient resources provided for the safety of the dam,
irrespective of its funding sources or construction status. The Bank distinguishes between small and
large dams. Small dams are normally less than 15 m in height; this category includes, for example,
farm ponds, local silt retention dams, and low embankment tanks. For small dams, generic dam
safety measures designed by qualified engineers are usually adequate. This policy does apply to
NUWSRP3 since existing dams owned by RBDAs or SWA’s will supply raw water to SWA’s.
Projects on International Waterways (O 7.50). The Bank recognizes that the cooperation and good
will of riparians is essential for the efficient utilization and protection of international waterways and
attaches great importance to riparians making appropriate agreements or arrangement for the entire
waterway or any part thereof. Projects that trigger this policy include hydroelectric, irrigation, flood
control, navigation, drainage, water and sewerage, industrial, and similar projects that involve the use
or potential pollution of international waterways. This policy most likely will apply to NUWSRP3 as
the rivers Niger and Benue and their tributaries are potential sources of supply of raw water.
Disputed Areas (OP/BP/GP 7.60). Project in disputed areas may occur between the Bank and its
member countries as well as between the borrower and one or more neighboring countries. Any
dispute over an area in which a proposed project is located requires formal procedures at the earliest
possible stage. The Bank attempts to acquire assurance that it may proceed with a project in a
disputed area if the governments concerned agree that, pending the settlement of the dispute, the
project proposed can go forward without prejudice to the claims of the country having a dispute. This
policy is not expected to be triggered by sub-projects. This policy is unlikely to be triggered by sub-
projects to be funded by NUWSRP3.
Disclosure of Information (OP 17.50). This policy requires that all safeguards policy documents
prepared for projects funded by the Bank be disclosed to the public at two levels: 1) In-Country
disclosure at domains accessible to stakeholders, 2) At World Bank infoshop.
69
ANNEX 4.0
GENERIC TERMS OF REFERENCE FOR THE PREPARATION OF THE MANDATORY ESIA
FOR SWA’S SUB PROJECT ACTIVITIES. (TO BE REVISED AT APPROPRIATE TIME BY
THE SWA ASSISTED BY THE FMWR)
Tasks:
1. The following specific tasks, among others, will be required:
Review of Engineering and Technical Designs for planned investments to identify, assess, and
quantify to the extent possible, all environmental and social impacts and risks in the state.
Provide detailed and tangible mitigation measures to reverse these adverse impacts or manage them
within acceptable limits according to law in Nigeria and World Banks Safeguards polices.
Develop an environmental and social management process to ensure successful mitigation of all
adverse impacts, a tangible monitoring plan and institutional arrangements to execute this plan.
Assess further the SWAs and PSP partners capacity to manage the sub project’s environmental and
social issues and propose measures on how to reinforce their capacity, for example, by establishing
an environmental unit/working group, and providing technical training. Suggest capacity building
and technical assistance requirements in relation to safeguard and awareness needs in the public and
private sectors to be implemented under the proposed sub project.
Develop a suitable maintenance plan with estimates of cost to ensure sustainability of mitigation
measures.
Outline of the ESIA Report
The ESIA report must be concise but detailed and thorough to include all significant environmental and
social impacts. The report should focus on identifying impacts, mitigating them in the technical designs,
during construction, operation and sustainable through an effective maintenance plan.
The FMEnv, the SEPAs and the World Bank (ASPEN) environmental and social reviewers will need to
approve the ESIA. The ESIAs will be disclosed in the respective state of the SWA and also in Abuja.
List of Acronyms
Table of Contents
Executive Summary
Description of Proposed Sub Project
Baseline Data Present State (where necessary trans state/border) baseline data pertaining to (i) the physical environment
(i.e., topography, geology climate and meteorology, surface water hydrology); (ii) biological environment
(i.e., flora types and diversity, rare and endangered species within or adjacent to project intervention sites,
including wetlands, sensitive habitats); and (iii) Socioeconomic and cultural environment, including
present and projected, where appropriate.
Environmental and Social Safeguard Issues and Triggers
Discuss the applicability of any of the World Bank’s Operational Policies and conduct the required
analyses as described above.
Legislative and Regulatory Framework
Discuss Nigeria’s and the State’s environmental and social national policies, laws, regulatory and
administrative frameworks.
70
Identification of Potential Environmental and Social Impacts
Identify and assess the changes brought about by the sub project in relation to the baseline data;
differentiate between short, medium and long-term impacts; and describe the extent and quality of
available data and any pertinent information deficiencies, which might preclude the projection of
impacts.
Identify Tangible Mitigation Measures
Develop and describe feasible and cost-effective mitigation measures to prevent or reduce negative
impacts. Provide cost outlays for the proposed measures, as well as their institutional and capacity
building requirements to implement them.
Institutional Assessment
The ESIA will establish appropriate institutional arrangements in the SWAs/PSP relationship, between its
SEPA and FMEnv consistent with this ESMF and recommend and develop training modules and prepare
associated costs.
Monitoring Plan
Design a monitoring plan for the implementation of measures requiring mitigation, as well as for the
impacts of sub project activities. The monitoring plan should clearly indicate the linkages between
impacts identified in the ESIA report, indicators to be measured, methods to be used, sampling locations,
frequency of measurements and definition of thresholds indicating the need for corrective actions. The
monitoring plan must identify parameters to be monitored, direct and indirect impact; conflicts arising
from competition for water and/or land resources and clear responsibilities for supervision, frequency of
inspections, and a budget for the recommended activities. It is important that all aspects of the
monitoring arrangements be appropriately costed and the responsibilities clearly defined
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