E492 Vol. 2

UNITED REPUBLIC OF TANZANIA

MINISTRY OF WATER & LIVESTOCK DEVELOPMENT

Environmental Assessment (EA) Report

for

Rural Water Supply & Sanitation Project (RWSSP)

RUFIJI DISTRICT

A.M.L.AKO Senior Associate Consultant (Environment & Natural Resource) SERVICE PLAN L TD P.O. Box 33165, Oar Es Salaam. Tel: 72394 Fax: 2700133 E-mail: Serviceplan@ud.co.tz

March 2001

FILE COpy

TABLE OF CONTENTS

LIST OF ABREVIATIONS & ACRONYMS ................................................................. III

EXECUTIVE SUMMARY ... ........................................................................................ V

1.0 INTRODUCTION ........................................................................................ 1

1.1 General ....................................................................................................... 1

1.2 The Study Area ........................................................................................... 1

1.3 Purpose and Objectives of The Study ........................................................ 2

1.4 Scope and Limitations ................................................................................ 3

1.5 General Approach & Methodology .............................................................. 3

1.5.1 General Approach ...................................................................................... 3

1.5.2 Methodology ............................................................................................... 4

2.0 POLICY, LEGISLATION, INSTITUTIONAL & REGULATORY FRAMEWORK ............................................................................................ 6

2.1 Policy .......................................................................................................... 6

2.2 Legislation in Tanzania ............................................................................... 9

2.3 International Treaties & Agreements ........................................................ 15

2.4 Standards Governing Water Quality ......................................................... 18

2.5 EA Requirements and GOT Capacity to handle EIA ................................ 21

2.6 Institutional Needs and Capability ..................................................... ....... 25

3.0 PROJECT DESCRIPTION ....................................................................... 28

4.0 BIOPHYSICAL AND SOCIO-ECONOMIC ENVIRONMENT .................... 32

4.1 BIOPHYSICAL ENVIRONMENT .............................................................. 32

4.2 SOCIO-ECONOMIC ENViRONMENT ...................................................... 36

5.0 POTENTIAL COMMUNITY SUB-PRPJECTS AND THEIR ENVIRONMENTAL IMPACTS .................................................................. 40

5.1 Potential Community Sub-Projects ........................................................... 40

5.2 Environmental Impacts ............................................................................. 40

6.0 MITIGATION AND TRAINING PLAN ....................................................... .43

6.1 Mitigation Plan .......................................................................................... 43

6.2 Training Plan ............................................................................................ 45

7.0 ENVIRONMENTAL MONITORING AND CHECKLIST OF MONITORING INDICATORS ........................................................................................... 49

7.1 Monitoring Plan .............................. ERRORI BOOKMARK NOT DEFINED.

7.2 Monitoring Indicators ..................... ERRORI BOOKMARK NOT DEFINED.

LIST OF TABLES

TABLE 1: EA CHECKLIST FOR COMMUNITY SUB-PROJECTS .......................... 42 TABLE 2: PROPOSED MITIGATION PLANS ......................................................... 43 TABLE 3: PROPOSED TRAINING PLAN .............................................................. .48 TABLE 4: CHECKLIST OF MONITORING INDICATORS ...................................... 50

LIST OF MAPS

FIG 1: THE MAP OF RUFIJI DISTRICT -RURAL ROADS AND VILLAGE CENTRES ..................................................................................................... 5

FIG. 2: MAP OF RUFIJI DISTRICT-AGRO-ECONOMIC ZONES .......................... 31 FIG. 3: THE MAP OF RUFIJI DISTRICT-LAND USE AND VEGETATION

COVER ....................................................................................................... 39

LIST OF APPENDICES

APPENDIX I: REFERENCES ............................................................................ 52 APPENDIX 11: SUMMARY OF VILLAGE BASELINE INFORMATION ............... 55 APPENDIX Ill: WATER SUPPLY STATUS FOR TEN SELECTED VILLAGES

OF RUFIJI DISTRICT ................................................................. 68 APPENDIX IV: WATER QUALITY DATA FOR SOME SELECTED VILLAGES OF

RUFIJI DISTRICT ....................................................................... 69 APPENDIX V: LIST OF AUTHORITIES CONTACTED DURING THE STUDY .. 74 APPENDIX VII: TERMS OF REFERENCE. .......................................................... 75 APPENDIX VII: THE NAMES OF CONSULTANT'S TEAM MEMBERS AND

THEIR RESPONSiBILITIES ........................................................ 77 APPENDIX VIII THE CONSULTANT'S CURRICULUM VITAE ............................ 78

ii

LIST OF ABREVIATIONS & ACRONYMS AfDB = AIDS = ASPS = BAT = BWB = CBOs = CDOs = CITES = CSPD = CWB = DAWASA = DAWASA = DCs = DECs = DED = DRDP = DWE = DWR = DWSP = DWSSSF = DWST =

African Developnent Bank Acquired Immunity Deficiency Syndrome Agricultural Sector Programme Support Best Affordable Technology Basin Water Board Community Based Organisations Community Development Officers Convention on International Trade in Endangered Species of Wild Fauna & Flora Child Survival Progamme Development Central Water Board Oar Es Salaam Water & Sewerage Authority Oar Es Salaam Water & Sewerage Authority District Councils District Environment Committees District Executive Director District Road Development Project District Water Engineer Division of Water Resource District Water & Sanitation Plan District Water Supply & Sanitation Fund District Water & Sanitation Team

EA = Environmental Assessment EC = European Community EEC = European Economic Commission EIA = Environmental Impact Assessment EIS = Environmental Impact Statement EMP = Environmental Management Plan ESAs = External Suppat Agencies EU = European Union FAO = Food & Agricultural Organisation GOT = Government of Tanzania HIV = Human Immune Virus IDA = International Development Association liED = International Institute for Environment & Development IRA = Institute of Resource Assessment IUCN = International Union for Conservation of Nature MCH = Mother & Child Health MECCO = Mwananchi Engineering Construction Company MEM = Ministry of Energy & Minerals MOEC = Ministry of Education & Culture MOH = Ministry of Health MOW = Ministry of Water MWLD = Ministry of Water & Livestock Development MTNRE = Ministry of Tourism, Natural Resource & Environment NCSSD = National Consavation Strategy for Sustainable Development NEAP = National Environment Action Plan NEMC = National Environment Management Council NEP = National Environment Policy NGOs = Non-Governmental Organisations NMB = National Micro-Finance Bank NSPCA = Norwegian Stae Pollution Control Authority

iii

NUWA = National Urban Water Authority NUWA = National Urban Water Authority NWP = National Water Policy NWRC = National Water Resource Commission NWRMP = National Water Resource Management Policy O&M = Operation & Maintenance PID = Project Information Document PO = Partner Organisation PWO = Public Water Office RBWO = River Basin Water Office REMP = Rufiji Environmental Management Plan RWD = Rural Water Division RWE = Regional Water Engineer RWSS = Rural Water Supply & Sanitation RWSSM = Rural Water Supply & Sanitation Management RWSSP = Rural Water Supply & Sanitation Proja::t SCAPA = Soil Conservation & Agroforestry Programme SECAP = Soil Erosion Control & Agroforestry Programme STD = Sexually Transmitted Disease TAC = Technical Advisory Committee TAC = Technical Advisory Committee TANAPA = Tanzania National Parks TASAF = Tanzania Social Action Fund TBS = Tanzania Bureau of Standards ToR = Terms of Reference UN = United Nations UNCLOS = United Nations Convention on the Law of the Sea UNEP = United Nations Environment Programme UNESCO = United Nations Education, Scientific & Cultural Organisation UNICEF = United Nations Children Fund VC = Village Chairman VEO = Village Executive Officer VIP = Ventilated Improved Pit latrine VWCs = Village Water Committees VWSS = Village Water Supply & Sanitation WATSAN = Water & Sanitation WBO = Water Basin Office WEO = Ward Executive Officer WHO = World Health Organisation WLU = Water Laboratory Unit WRM = Water Resource Management

iv

EXECUTIVE SUMMARY

1.0 Purpose and Scope of the Project

The intention of the project is to improve water supply, sanitation & hygiene conditions for the rural communities of Rufiji district. The district is located about 200 km from Oar Es Salaam City, on the southern part of Tanzania. The project will involve rehabilitation and construction of new water supply schemes in villages and a number of small towns in the district. However, during the project implementation attention will be given to sanitation, hygiene and environmental concerns. The project will also focus on community health, especially promotion of AIDS/HIV prevention among the rural people through awareness creation and campaigns.

2.0 Rationale and Methodology for Conducting Environmental Assessment

(a) Rationale for Environmental Impact Assessment (EIA)

In this project, environmental assessment (EA) study has been found necessary in order to incorporate environmental issues in the project design. The aim is to sensitize and create awareness among the rural communities on environmental matters related to water supply & sanitation schemes.

The EIA is considered necessary by the Government of Tanzania (GOT) and the World Bank to facilitate decision-making process and to ensure that development projects are environmentally sound and sustainable. The project has been subjected to environmental screening and considered Category B as per the World Bank's Operational Directives (OD) 4.00 and its Annexes. Although the project is expected to have some positive environmental & social impacts (benefits) some environmental analysis will be needed to identify any possible negative impacts and propose appropriate mitigation measures.

In Tanzania EIA is required as a tool for environmental management, especially at project specific levels. The objective for carrying out EIA is to integrate environmental management and economic decisions at earliest stages of project planning. The EIA also provides an opportunity for involving the public, project proponents, private sector and government agencies in the assessment and review of proposed project.

However, the project has not yet identified specific sites for implementation of its components, and therefore cannot be strictly assessed under the existing Tanzania EIA procedure. Instead, the assessment follows a more general approach that incorporates an overall assessment of programme interventions.

v

(b) Methodology

The methodology involved both desk work and field surveys. During the fieldwork, the Consultant carried out field observations, informal & formal interviews, and discussions/meetings with community members including their leaders, as well as, various authorities at district and national levels. This provided opportunities to stimulate the concerns of various stakeholders, as well as, solicit their opinion on the mitigation measures.

The Consultant also used specially designed biophysical and socio-economic survey forms for baseline data collection. Again, whenever necessary water samples were also collected for laboratory analysis.

3.0 MAIN FINDINGS AND RECOMMENDATIONS

3.1 State of the Environment

3.1.1 Vegetation cover

There is no significant land degradation in most parts of the district due to low population growth and few agricultural activities. However, bush fires, shifting cultivation, tree felling, fuel wood collection and charcoal burning are common practices associated with land degradation in the district. Although there is no significant environmental conservation being undertaken in the district in recent years, the Rufiji Environmental Management Project (REMP) has been initiated by I UCN. The programme is mainly concerned with creating environmental awareness and education among the local people. However, the programme is focused mainly on mangrove conservation in the Rufiji delta.

3.3.2 Air Quality

Frequent bush fires and fuel wood burning are the major source of air pollution in the rural areas. These sources usually produce smoke containing CO & CO2. However, construction activities is not expected to have significant contribution to air pollution due to limited number of equipment and vehicles used on-site.

3.3.3 Ground water potential

The ground water availability is controlled by hydro-geological characteristics of the project area. The recharge rates are estimated between 4-5 Us in lowland and 1-4 Us on upper areas during dry seasons. However, in the southwestern part of the district the re-charge rate is relatively lower (0-1 Us).

Ground water over-extraction can be one of the possible impact from the project. However, the impact is not expected to occur due to small volume of water extracted for domestic purpose. Moreover, the number of boreholes

VI

per unit area will be limited and ground water monitoring systems installed to monitor seasonal fluctuations in water levels.

3.3.4 Water Quality

(a) Ground water

The assessment of ground water quality indicates most of the boreholes and shallow wells contain saline water. The salinity levels usually increase during dry seasons. However, no bacteriological contamination has been found in water from boreholes. Nevertheless, it will be important to conduct water quality analysis for all boreholes and shallow wells to ensure that there are no bacteriological contaminants.

Again, improper location of well sites in relation to pit latrines, burial sites could be another potential source of ground water pollution. Site investigation should be done to carefully locate well sites by maintaining a distance of not less than 50 m from pit latrines or burial sites. The boundaries of well sites should be demarcated and fenced off to avoid encroachment by human settlements and other activities. The local communities should be actively involved in well siting.

(b) Surface water

The quality of surface waters is generally poor due to human activities and trampling by wild animals. Although no laboratory analysis has been done for surface waters bacteriological contamination cannot be over-ruled due to high incidence of water borne diseases in the project area. However, the quality of surface waters can be improved through filtration or sedimentation and boiling.

3.3.5 Sanitation & Hygiene

The majority of households in the project area have unlined open roofed pit latrines with walls made up of coconut leaves. The pit latrines are not durable and pose a threat to human life as they usually collapse and overflow, especially during rainfalls. Sometimes people use pit latrines as bathrooms. However, other households do not have pit latrines at all and usually help themselves in a nearby bush, hence increasing chances of disease transmission.

Most of the households do not have wastewater disposal facilities and do not boil drinking water or wash their hands. Lack of adequate water supply, ignorance and taboo has been claimed to be one of the main reasons for not boiling drinking water. Because of the prevailing conditions, water borne and sanitary related diseases are very common in the project area.

vii

3.2 Policy, Legislation, Regulatory & Institutional Framework

3.2.1 Policy

The relevant policies that support EA requirements for Tanzania is the National Environment Policy (NEP) and the National Water policy (NWP) formulated in 1997 and 2000, respectively. Both policies recognize the importance of incorporating environmental consideration in sectoral policies and programs. They also state that EIA should be carried out for all major development projects before their commencement and emphasize formulation of guidelines & specific criteria for conducting EIA. However, findings indicate that:

• There is no comprehensive legislation to support NEP implementation in the country.

• The NWP does not clearly state environmental awareness & education in its policy objective, especially in relation to rural water supply & sanitation.

• The NWP considers EIA as a mandatory to major water supply projects but there are no sector guidelines for carrying out EIA for either urban or rural water supply or river basin development.

• The policy states that environmental issues will be analyzed at planning level but it does not give any implementation strategy to ensure that environmental issues are incorporated in all stage of water resource development.

In order to rectify the above shortcomings the following policy recommendations are proposed:

• That environmental awareness & education should be stated clearly in the NWP objectives. The policy objective should be to promote water supply, sanitation, environmental awareness and hygiene education. Another objective should be to promote environmental conservation and encourage environmentally sound practices and technologies that minimize vegetation destruction and water pollution.

• The EIA sectoral guidelines should be formulated. The MOWLD should establish an Environmental Unit or section responsible for foreseeing implementation of environmental management plans and maintain linkage and co-ordination with the Office of the Vice President through the Environment Division and National Environment Management Council (NEMC).

• The legislation to support implementation of EIA requirements in the water sector should be incorporated in the Water Utilization Act.

V III

3.2.2 Legislation

The relevant legislation matters of environmental concern are those related to solid waste management, pollution control, environmental quality standards, land use, health & safety, mining, protection of wildlife, sensitive areas, unique flora & fauna, protection of natural & cultural resources.

However, no comprehensive legislation that enforces implementation of NEP or that empowers NEMC to make EIA requirements legally binding. Again, there is no effective co-ordination and collaboration among environmental and water related sectors.

It is therefore recommended that:

• There should be a legislation that empowers NEMC to make EIA mandatory and legally binding.

• There should be a clear statement of institutional responsibilities and supporting legislation to facilitate implementation of NEP and reduce duplication of efforts.

3.3 Standards governing Environmental Qualities

The important standards controlling environmental quality are the national and those developed by the WHO (1993), the European Union (EU) and the Norwegian Standards,

Findings indicate that sector ministries have legal authority to regulate environmental quality standards (e.g. through pollution discharge permits). However, there is a lack of clear system for co-ordination, implementation or enforcement of legislation and regulation. This is reflected in the current levels of environmental performance in the country. It is therefore recommended that:

• Environmental regulatory capacity and associated institutional development should be strengthened.

• Regulation of pollution should be based on Polluter Pay Principle (PPP), and nobody should have a right to pollute environment. Polluters should give a proof on the effect of their activities to the environment, that is, whether the activities do pollute the environment or not.

• Enforcement of the requirements for discharge permits must be strengthened. However, it should continue to be regulated through the existing Water Utilization Acts.

• Pollution control and prevention on a system of discharge permits that focuses on general environmental protection act should be established. That should cover discharges to water, air emissions, and noise and waste (solid and liquid wastes) production.

]X

• General effluent standards should not be stated in Water utilization Act, but they should be stated individually in the discharge permits. It should be specific to actual (industrial) sector of industry and environmental status of the receiving waters. Guidelines for effluent standard should be established, based on the review of existing standards by NEMC

• Contents of an application for discharge permits should be specified in the regulation and EIA requirements should be submitted to the relevant authority.

• Pollution control and mitigation measures should be specified by industries in attending the expected effluent discharge in their applications for discharges permits.

• The principle of Best Available Technology (BAT) should be adopted and the concept of Cleaner Production Technology. That should include procedures for handling of applications, provisions for notification and public participation, appeals and time frame.

• Regulations should ensure that relevant authorities and institutions are contacted.

• There should be a provision for existing industries to apply for discharge permits in a specified time frame.

• Discharge permits should specify production capacity, raw materials used, processing chemicals, products and solid waste disposal.

• Discharge permits should be linked with license or other permits, specifications of receiving water and municipal sewerage systems, discharge limits (intermediate if necessary) and time limit. Other inclusions should involve operating conditions, such as, the use of Cleaner Production Technologies, leakage control, minimum water use, etc. Monitoring and Reporting requirements and procedures should be speCified in the discharge permits, as well as, improvement program.

• There should be a general condition and right for the relevant authority to inspect the facilities and monitor the discharges. There should be a system of permit fee and fees for inspection should be introduced.

3.4 E A Procedures and GOT Capacity to Handle EA requirements in the Future.

The EIA requirements in Tanzania are not supported by comprehensive legislation and no responsible authorities that have been explicitly designated according to legislation. However, some sector ministries have included EIA requirements in their sector laws and regulations. The process of establishing comprehensive legislation and regulatory frameworks is still going on in the country.

x

The EIA guidelines and procedures developed by NEMC are comprehensive and cover all those important aspects of environment and it enforces EIA through sector laws. However, there is no defined institutional responsibilities for EIA and EIA regulatory framework exist only in few protected areas such as the national parks, marine parks and game reserves.

The national capacity for management and implementation of environmental assessment requirements is still limited. The EIA regulatory framework still covers only certain sectors. Again, the capacity to implement recommendations of mitigation and environmental management is also low within those sectors.

The increasing influence of private sector on the national development and future enactment of national level EIA legislation will significantly increase demand for indigenous EIA expertise. It is therefore recommended that:

• There should be an overall political decision so that general regulations on EIA are stated in the Environmental or Planning legislation. The process of enacting legislation should be speeded up to cope with the rapid economic transformation towards privatization.

• Provision for EIA should be stated in the Water Laws. The water policy review and Water Utilization Act should include EIA requirements for water resource projects.

• The EIA should be mandatory of large-scale water projects and should be based on investment costs and projects in sensitive areas.

• The MWLD should develop its own guidelines on EIA to provide guidance on more specific water related aspects.

• There is a need to build capacity to undertake EIA within the national institutions including the MWLD.

• The capacity to collect baseline information should be strengthened within the MWLD.

• Existing sector expertise should be harnessed to improve their capacity to undertake EIA.

3.5 Institutional Needs and Capability to implement EA Recommendations

Findings indicate that the existing institutional set-up at all levels could be adequate for water resource and environmental management. However, lack of adequate staff at district level to supervise private contractors and lack of skills at village levels could be a constraint for effective water resource and environmental management.

Xl

The responsibility of the sector expertise at district level should be to coordinated, provide advice on environmental policies, promote environmental awareness, generate information, assemble information related to environment at regional, district and village levels. However, the capacity of these sectors expertise is weak due to lack of financial resources, especially on matters related to environmental monitoring. Some monitoring stations exist for meteorological data (temperatures, rainfalls, humidity & solar radiation), but they are only limited to some few locations. Again, there is no regular water quality monitoring due to lack of equipment and financial resource.

To improve the institutional capability the following recommendations should therefore be considered:

• Village governments and their water or environment committees should be strengthened through training in environmental, sanitation & hygiene matters as well as financial and managerial or administrative skills.

• Rural communities should be mobilized to contribute to water resource and environmental management funds.

• Co-operation, co-ordination and linkage between the District Water Department (DWD) under the DED and the Regional Water Laboratory (RWL) should be strengthened.

• Both national and regional water laboratories should be financially strengthened so that it can regularly conduct water quality monitoring, and whenever possible they should become autonomous agencies operating commercially.

• Local communities should be encouraged to form economic groups and the DCs should assist them by providing soft loans and arrange training on small-scale business operations.

• Environmental and climatic monitoring stations should be established in the project villages. These stations should also be responsible for water quality monitoring.

3.6 Environmental impacts and Mitigation Measures

3.6.1 Environmental Impacts

In general, the project is expected to have the following positive impacts:

• Increased income (though temporarily) to food vendors, especially women selling food to construction workforce.

• Improved health condition to the rural community due to accessibility to clean and safe water supply.

Xll

• Employment opportunity to the local people, especially youth and women, as they shall be engaged in the construction work.

• Improved sanitary condition and hence decreased incidence of water borne diseases.

• Improved skills in 0 & M of water supply schemes and financial, managerial and administrative skills to the community leaders due to training package.

• Improved environmental condition in the rural community due to created awareness and training in environmental conservation activities, including tree planting and application of environmentally sound technologies.

Although the project is not expected to have appreciable negative impacts on human population and general environment in the area, some specific environmental issues need considerations. Relevant environmental impacts of major concern to community sub-projects are summarized in the EA Checklist (Table 1). Generally, those impacts are associated with:

• Water resource: quantity, quality and source protection.

• Construction activities.

• Wastewater and Solid waste disposal methods, including human wastes (excreta).

TABLE 1: EA CHECKLIST FOR COMMUNITY SUB-PROJECTS

(a) Hand Pump Shallow Wells (HSW)

Ground water pollution due to improper location by being close to pit latrines, cemeteries or burial_grounds. Clearing of vegetation due to creation Of access roads for transporting of drilling rigs and other equipment to well sites, or during laying out water supply pipelines. Accumulation of wastewater as a result of people washing or bathing close to the well site or stand pipes, hence resulting into creation of potential Breeding ground for diseases transmitting vectors such as mosquitoes. Destruction of installations by floods and storm water, due to being close to stream/river banks in flood prone areas.

(b) Ring Wells

Ground water pollution due to improper location by being close to pit latrines, cemeteries or burial grounds. Clearing of vegetation due to creation of access roads for transporting of drilling rigs and other equipment to well sites, or during laying out water supply pipelines. Accumulation of wastewater as a result of people washing or bathing close to the well site or stand pipes, hence resulting into creation of potential Breeding ground for diseases transmitting vectors such as mosquitoes.

xiii

Destruction of installations by floods and storm water, due to being close to streamiriver banks in flood prone areas. Contamination of water due to poor handling or using dirty containers or due to surface run-off entering a well during rainfalls.

(c) Pumped Scheme/Mechanized Deep Wells (PS/MDW)

Clearing of vegetation due to creation of access roads for transporting of drilling rigs and other equipment to well sites, or during laying out water supply pipelines. Accumulation of wastewater as a result of people washing or bathing close to the well site or stand pipes, hence resulting into creation of potential breeding ground for diseases transmitting vectors such as mosquitoes. Contamination of water due to poor handling or using dirty containers or due to surface run-off entering a well during rainfalls.

(d) Pumped Surface Water (PSW)

Clearing of vegetation due to creation of access roads for transporting of drilling rigs and other e~uiQment to well sites, or durin~ laying out water su£2ly pipelines. Accumulation of wastewater as a result of people washing or bathing close to the well site or stand pipes, hence resulting into creation of potential breeding ground for diseases transmitting vectors such as mosquitoes. Spontaneous growth of algae/water weeds due to temperature and penetration of sunlight in ~en wells, storaae tanks or reservoirs. Contamination of water due to poor handling or using dirty containers or due to surface run-off entering a well during rainfalls. Contamination due to human activities and wild animals upstream or around standing water sources (e.g. lakes or ponds) or due to surface run-off entering during rainfalls.

3.6.2 Mitigation measures

This project does not require detailed environmental management plans because its environmental issues are specific and can be easily incorporated in the project design. Therefore, only mitigation plans will be proposed as shown in Table 2. The proposed mitigation measures have taken into consideration those impacts resulting from construction works or due to project and those from community activities.

xiv

TABLE 2: PROPOSED MITIGATION PLANS POTENTIAL IMPACTS MITIGATION MEASURES ACTORS A. Construction/Project impacts Destruction of vegetation leading Land restoration and vegetation Contractor monitored by into soil erosion because of access planting. Supervising Engineer roads creation during transportation of drilling rigs and other equipment Minimize vegetation destruction to well sites and/or pipelines by restricting construction construction. activities on-site, using labour

intensive technology and avoid unnecessary deviations during construction of access roads or laying out of water supply pipelines

Dumping of drilling wastes and Remove all spoils and other Contractor monitored by a construction spoils. solid wastes from the site and Supervision Engineer.

dispose them properly. Loss of crops and agricultural land Consultation with community District Council/Regional due to crossing pipelines route or representatives when siting Water Board in well siting. facilities. Private property collaboration with Water

should be avoided at any cost Committees but compensation should be paid for unexpected loss or damagelloss to property during construction.

Water pollution from pit latrines due Locate the wells at reasonable Contractor monitored by a to bore hole/shallow wells being too distance from settlement (not Supervision Engineer in close to human settlements. less than 50 m, but depending collaboration with Village

on soil condition). Water Committees. Fence off the boreholes or Contractor monitored by shallow well sites to prevent Supervision Engineer in encroachment by people due to collaboration with Village settlement expansion. The area Water Committees should be declared protected under village by-laws

Occupational health & safety of Contractor should be Contractor monitored by a workers during construction responsible for health & safety Supervision Engineer.

of workers.

Only trained personnel should be allowed to operate equipment on-site.

There should be qualified person to administer first aide on-site.

Increased incidence of STD & Awareness & education Health Committee in HIV/AIDS due to construction campaigns on STD and HIV to Collaboration with Village workforce in the village. sensitize the local community. Dispensary/MCH staff.

Limit the number of workforce Contractor in collaboration to technical & skilled labor with Village government only. The rest of workforce and Supervision Engineer should come from the rural communities.

Locate the construction camp far away from the village settlement.

xv

POTENTIAL IMPACTS B. Community impacts Bush fires & tree felling by local community around water sources and upper catchment.

MITIGATION MEASURES

Enforce by-laws to discourage bush fires around water sources and catchment areas and discourage the use of fires for clearing agricultural lands The use of alternative construction materials and efficient charcoal stove (Jiko Bora) should be promoted to minimize tree felling and fuel wood consumption.

Initiate education and environmental awareness.

Accumulation of wastewater around People should be discouraged well sites or standpipes due to from washing or bathing close people washing or bathing close to to the well sites or stand pipes

ACTORS

Village government District councils

Water Committees collaboration with NGOs, CBOs, etc.

and

in local

Village government in collaboration with Village water Committees.

the water sources, hence into I-t:,:..h:.=o-=ug:iil..lh:..:.....:.e.:..:.n~:.=o..:....rce::..=m:..:..e:;.:n.:..:t-=o..:....f .::.bL.y·-..;.:la::..:w..:....s.:..:..-+ _______ -,----:---i potential breeding sites for The stand pipes or hand pump Contractor and Design mosquitoes. shallow wells should be Engineers in collaboration

constructed with concrete pads with Village Water and drainage to carry spilled Committees. water into soakways. If possible the water should be used for gardening and trees should be planted around the area.

Contractor and Design Engineers

Spontaneous growth of algae and Storage tanks and reservoirs other waterweeds in open storage should be well designed and tanks or reservoirs due to covered to restrict growth of temperature and exposure to algae and waterweeds.

~~------------------~-r~------~----------~ sunlight. Storage tanks should be Water Committees in

Contamination of water in Ring Wells due to poor water handling and use of dirty containers people fetching or by surface run-off entering the Well during rainfalls.

Encroachment to well sites and open water sources due to expansion of human settlement and farmlands

Pollution of open water sources due to human activities and trampling by wild animals.

subject to periodic cleaning collaboration with Trained during operation. personnel Ring Wells should be designed Contractor and Design and constructed by raising them Engineers. at least1 m above the ground to prevent surface run-off from entering the Well. Boiling of drinking water should be promoted through hygiene education

People should be encouraged to use only appropriate containers for taking water from the Wells and should be kept safely on-site. Fencing off and demarcating boundaries.

The site should be declared protected area under village by-laws. Waters in storage tanks and reservoirs should be treated by chlorination

xvi

Village Government in collaboration with Village Water Committees.

Village Government in collaboration with Water Committees.

Trained personnel appointed by village water committee.

POTENTIAL IMPACTS MITIGATION MEASURES ACTORS Drinking water should be Household members boiled.

People should be encouraged Village Governments in to boil drinking water and use collaboration with Water or pit latrines through education Environmental Committees. and enforcement of by-laws.

Damage to pipelines by local The right of way (RoW) should Village government in people during cultivation and be declared for the pipeline collaboration with Water or planting crops with deep rooting routes and by-laws established Environment Committees systems along pipeline route. to prevent people from

cultivation along the RoW. Pipelines should be submerged Contractor. below the ground at an appropriate depth.

3.7 Training Plan

The training plan focuses on the relationship between water resource, environment, sanitation & hygiene. It also involves exposure to policies, legislation & regulations, as well as financial and managerial skills. The detailed training plan is shown in Table 3.

3.8 Monitoring Plan

The monitoring exercise will involve both contractor on-site and the local communities activities. During construction, the contractor should consider the following issues:

• Natural landscape: The natural landscape should be preserved as much as possible by limiting the operation on-site. Unless otherwise required for installation of campsite or dumps, all trees, shrubs should be protected from unnecessary damage.

• Restoration of landscape: This should be done by replanting or reseeding to prevent further damage due to potential soil erosion. Again, restoration should be done according to ecological design to provide opportunity for lost natural habitat to be recovered.

• Contractor's facilities on-site: The sittingllocation of contractor's facilities like labor camp and warehouse should be planned. This will help to decide a scenic quality of an area after construction is complete. The facilities should be located in such a way that the natural environment is maintained.

• After use possibility: The labor camps and other buildings should be considered for future use by the local community whenever possible. For

xvii

example, the village water committees or village government can utilize a building as an office, if it can be foreseen before. However, if after use is not possible the facilities should be demolished and the area be restored to its quasi-original state/condition.

• Location of labor campsite: The labor camp should be located far from village settlement and fenced off from the surrounding areas. In those areas with frequent bush fires, a campsite should be surrounded by a buffer zone to avoid damage to the camp due to accidental fires.

• Accidental spillage & leakage: The contractor should avoid or minimize spillage of contaminants, debris or other pollutants, especially into natural streams/rivers or ground water sources. This also includes sanitary wastes, tailings, petroleum products, drilling chemicals, biocides, mineral salts, etc.

• Waste Disposal: The contractor should make sure waste materials disposed by burial do not contaminate ground water supplies.

• Community partiCipation: The local community, especially the water committees should partiCipate in monitoring and that should be specified in contract documents.

The important issues to be considered during monitoring of various community sub-projects are summarized in Table 4.

xviii

TABLE 3: PROPOSED TRAINING PLAN STAGES TARGET GROUP IMPLEMENTERS STAGE I Sector expertise at Qualified local NGOs,

District level (e.g. District Private Consultants & Natural Resource related institutions. Officers)

STAGE 11 Representatives from: Sector expertise - Youths & Women Groups - Village committee. - Villa~e Members Representatives from: Local NGO dealing with - youths & Wome n promotion of VIP Groups latrines. - Village committee. - Village Members - Local artisans Financial and Business

Institutions STAGE III Rural communities in Sector expertise in

general. collaboration with Water & Environment Committees.

CONTENTS Environmental monitoring and sanitary survey techniques.

Existing policies, legislation regulations and by-laws. Environmental degradation and water resources availability Water pollution on human health: prevalence of water borne & sanitary diseases. Environmental conservation techniques. Treatment of drinkif!g water. Solid waste & wastewater mana~ement methods. As above

Construction of VIP latrines and wastewater disposal chambers using cheap and locally available materials.

Financial and Managerial or Administrative skills. Trained groups from rural community involved in awareness & education campaigns on environment, sanitation & hygiene promotion.

xix

TIMING 12 months before project starts.

6 months before project

During project implementation after commissioning

DURATION

3 weeks

Continuous

OUTPUT

Trained representatives

Increased awareness on environment, sanitation & hygiene matters.

TABLE 4: CHECKLIST OF MONITORING INDICATORS MONITORING INDICATORS POTENTIAL COMMUNITY SUB-

PROJECTS HPSW RW PS/MDW PSW

Distance of well site from sanitary facilities and other contaminants such 4 4 4 as pit latrines, burial sites, etc. The condition of the pump base, whether loose or not 4 Presence of human wastes and other contaminants around well sites. 4 4 4 Presence of standing wastewater around/close to well site or standpipes 4 4 4 4 that may create breeding site for mosquitoes. Presence of drainage channels that leads run-off to the well site, hence 4 4 4 leading into possible ground water contamination. On-going human activities within the well site/stand pipes (e.g. washing 4 4 4 4 clothes or bathing). Presence of bad/rotting smell or odor in water from well, storage 4 4 tanks/reservoirs Method of drawing water from wells and type containers being used by local 4 people to draw water from a well.

Encroachment of human settlement to well sites (estimate distance). 4 4 4 Changes in ground water levels & quality (estimate re-charge rates & 4 4 4 salinity). Incidence of bush fires and other human activities on upper catchment 4 and around water sources that may lead into vegetation destruction Prevalence of water borne and sanitary related diseases (human health) among the local community, especially children less than 5 years.

xx

1.0 INTRODUCTION

1.1 General

The environmental assessment (EA) study was assigned to MIS Ako (hereinafter called the Consultant) by the Ministry of Water & Livestock Development (MWLD)-hereinafter called the Client on 8th October 2000. The intention of the study was to identify potentially negative environmental impacts associated with Rural Water Supply & Sanitation Project and thereafter develop an EA checklist and checklist of monitoring indicators for various community sub-projects. The details on the study requirements can be found in the Terms of Reference (ToR) attached to this report (Appendix VI).

In this report, some important findings are presented from the study conducted in Rufiji district from 24th to 29th October 2000. The report is divided into seven sections, of which section one is Introduction, followed by section two covering Policy, Legal, Institutional & Regulatory framework. Section three deals with Project Description. Biophysical & socio-economic baseline data are presented in section four. That is followed by section five that outlines the Potential Community Sub-projects and significant Environmental Impacts. The Mitigation Management and Training Plan are dealt with in section six, followed by section seven containing Environmental Monitoring Plan.

The report also contains some appendices, whereby Appendix I contains references, followed by summary of Village Baseline Information in Appendix 11. Appendix III shows the Water Supply Status in ten selected villages of Rufiji district. The Water Quality Data from some selected water sources are presented in Appendix IV. Appendix V the List of Authorities contacted during the study; followed by the ToR in Appendix VI. Finally, the names of study team members and the Consultant's curriculum vitae are presented in Appendix VII and VIII, respectively.

1.2 The Study Area

The study area covers the ten selected villages of Rufiji district (Fig. 1). These include Jaribu Mapakani, Bumba, Mtawanya, Kimbuga, Ruwe, Kilimani, Mloka, Utunge, Nyamwage and Chumbi villages.

The Rufiji district forms one of the three districts in the Coast Region, about 200-km from the Oar Es Salaam city in the southern part of Tanzania. The district lies between 6°_80S and 37.5°- 400 E, at an altitude of about 0-250 meters above sea level (m.a.s.I.). The District derives its name from the existing Rufiji River that dissects the district into two parts as it flows from the Stiegler's gorge on the western side into the Indian Ocean. The river drains about 20% of the district with average annual flow rate estimated at 90 cubic meters per second, and carrying about 17 million tones of silt into the flood plain and delta every year.

The administrative headquarter of the district is Utete located on the southern side of the riverbank. The district consists of 91 villages, 6 Divisions and 19 Wards. According to 1998 population estimates, the Rufiji district has about 176,000 people (MMK Project Service Ltd., 1999) and covers a total area of about 13,339 square kilometers (km2). Basing on the 1988 census the population can be projected about 180,837 people.

The district can be divided into three ecological zones and five major agro-economic zones (Fig. 2). The three ecological zones include:

• The Flood plain which stretches about 130 km from west to east and between 7-35 km wide. The flood plain is comprised of 13 permanent lakes with a variety of natural vegetation, including grassland, riparian forests, swampy forests, woodlands and intermediate vegetation communities. The flood plain is formed by the Rufiji River that begins from Siegler's gorge, at an altitude of about 70 rn.a.s.1.

• The Delta zone contains 53,000 hectares (ha) of mangrove forest, which forms a very important ecosystem that supports inter-tidal fisheries and provides a breeding ground for about 80% of the Tanzania prawns. The mangroves are also important for production of mangrove poles and controlling soil erosion.

The delta zone and flood plain are the important habitat for numerous endemic species of flora and fauna with significant biodiversity of local and regional importance.

• The Plateau or Upland zone is comprised of dry coastal forest on the hilly topography (e.g. Kichi hills). The zone also contains biodiversity of local, regional and international importance. The zone is located between the Rufiji flood plain and Kisarawe district on the northern side and between the flood plain and Kilwa/Liwale districts on the south. The area, popularly know as the Matumbi mountains, is suitable for cultivation of cashew nuts, coconuts, cassava, maize and millet, and a variety fruits, such as oranges, papaw and pineapples.

1.3 Purpose and Objectives of the Study

The purpose of this study was to conduct Environmental Assessment (EA) for Rural Water Supply & Sanitation Project (RWSSP) Project in ten selected villages of Rufiji District. The intention was to identify relevant environmental issues related to design, location, construction as well as, operation & maintenance (0 & M) of RWSS schemes. In the long term, study is aimed towards developing an EA and Monitoring checklist for different community sub-projects. Specifically, the study focused on various practices and criteria for developing RWSS schemes. These include technology choice, construction techniques, wastewater disposal methods and appropriate on-site location. Therefore, the objective of the study was to identify potentially

2

negative environmental impacts resulting from various community sub-projects and thereafter propose appropriate mitigation measures.

1.4 Scope and Limitations

In this study the Consultant's task was to:

• Develop biophysical and socio-economic baseline data.

• Describe the pertinent policies, legislation, regulations and standards governing environmental quality at national and international levels.

• Assess the present handling of EA requirements and procedures, as well as the GOT capacity to handle them in future.

• Identify potential environmental impacts and community sub-projects.

• Propose environmental mitigation plan to minimize those negative impacts and thereafter prepare an EA checklist for different community sub-projects.

• Develop an environmental monitoring plan and then prepare a checklist of monitoring indicators.

• Identify institutional needs to implement EA recommendations at national, regional, district and community (village) levels.

The study was supposed to cover all ten selected villages in the Rufiji district. However, due to limited time the study covered only seven villages. These include Utunge, Kimbuga, Bumba, Kilimani, Chumbi, Ruwe and Jaribu Mpakani.

1.5 General Approach & Methodology

1.5.1 General Approach

In undertaking this study the Consultant's approach was:

(i) To define and characterize the study areas by using 1 :50000 scale topographic map.

(ii) To divide the study area into distinct agro-economic zones

(iii) To identify the existing beneficiary communities in each agro-economic zone.

3

(iv) To select representative sample communities according to spatial distribution within those agro-economic zones.

The agro-economic zones were used as criteria for selecting sample villages, because they reflect a local climate, and thus land use pattern and natural resource potential. This also includes water resource availability.

1.5.2 Methodology

After selecting the representative communities, the Consultant divided the study into two major components i.e. deskwork and field survey.

(a) Desk work

The deskwork involved preparation of survey forms and questionnaires, acquisition and reading topographic maps, review of various documents, reports, etc.

(b) Field surveys

The fieldwork involved ocular (visual) observation, informal & informal interviews, as well as focus group discussion and/or carrying out meetings with local communities and physical observation. The Consultant also used specially designed biophysical and socio-economic survey forms for baseline data collection. Whenever necessary water samples were also collected for laboratory analysis. The Consultant also carried out discussions with responsible authorities at different levels.

4

FIG 1: THE MAP OF RUFIJI DISTRICT-RURAL ROADS AND VILLAGE CENTRES

5

2.0 POLICY, LEGISLATION, REGULATORY & INSTITUTIONAL FRAMEWORK

2.1 Policy

Since the 1992 Rio conventions (i.e. Convention on Biological Diversity 1992 and Framework Convention for Climate Change 1992), Government of Tanzania (GOT) has been showing great concern to environmental issues. This is reflected in the policy documents National Environment Policy (NEP), National Environment Action Plan (NEAP) and National Conservation Strategy for Sustainable Development (NCSSD). Again, the Draft Environment Protection Bill (1994) and the Bill to enhance the powers and responsibilities of National Environment Management Council (NEMC) have already been prepared. All these are indicators of the Government's commitment towards environmental protection and social sustainability of national development.

The overall objective of NEP (1997) is to raise public awareness and understanding of essential linkages, between environment and development. The other object is to promote individual and community partiCipation in environmental actions. This policy objective is in line with the National Water Policy (NWP) of 2000 approach to rural water supply & sanitation, whereby community participation and other stakeholders in water resource management is emphasized.

The NEP policy addresses environmental issues from both natural and social context, by adopting the principle of sustainable development. According to the policy, exploitation/utilization of natural resource, investment and technology development has to be carried out in a sustainable manner without compromising the environment for the benefit of the current generation and of the future.

The NEP has developed proposals for enactment of framework legislation to address environmental issues in line with international agreements, commitment and national concerns. Main objectives of the framework are:

• To take into account various government agencies involved in regulating specific sectors of economy.

• To integrate the activities of the government agencies.

• To promote co-ordination and co-operation among various government agencies and define environmental management tools of general scope.

The framework intends to facilitate consistent policy and enforcement to ensure that:

• EIA is carried out for any major development project before its commencement.

6

• Environmental monitoring is done in compliance with the set standards.

• Environmental auditing is undertaken to evaluate the efficiency of environmental organization, including its management and equipment being used.

The Ministry of Water & Livestock Development (MWLD) has also considered environmental issues in its policy. The National Water Policy (NWP) of 1991 has been revised to form NWP of 2000. The policy identifies EIA as one of the important legal instrument for policy implementation. The policy issues of concern in the environment sector are environmental water needs, that is, water needed to protect the environment. The policy concern is identification of major aquatic ecosystems, their ecology and hydrology. That also includes meeting their in-stream flow requirements, quality level standards and establishment as well as, enforcement of effective regulatory mechanisms for environmental flow requirement (e.g. Kihansi Hydropower Project).

The new policy takes into account cross-sector issues related to water and is based on global principles. It also takes into consideration the National Environmental Policy (NEP) and other sector policy issues. Basing on its global principles the NWP recognizes the importance and roles of all other sectors in water resource management.

The NWP specifies issues related to Rural Water Supply & Sanitation. The policy gives emphasis on improving the health and socio-economic well being of rural communities through improved access to adequate and sustainable safe water supply and sanitation. The policy recognizes the relationship between lack of safe water and poor hygiene & sanitation as the major cause of sickness and death, and of course poverty. It recognizes rural women and children as a vulnerable group living in poor conditions, subjected to diseases and foregone opportunities. The policy strategy in this case is to emphasize/promote health & hygiene education to rural people, rather than providing water supply alone.

Thus, integration of water supply, sanitation and hygiene education should be geared towards maximizing health impact to the rural community, especially women & children. The policy strategy here is to promote collaboration with the Ministry of Education & Culture (MOEC) and the Ministry of Health (MOH).

Again, demand responsive approach and community partiCipation (NGO's, CBOs, Private sector, et c) in the planning financing, design, operation & maintenance (0 & M) rural water supply & sanitation systems, is another element being addressed. The policy recognizes the need for water to livestock and the need to include livestock in the designs of rural community water supply schemes. The principle statement is that, provision of adequate water to livestock though construction of dams and integrating livestock requirement in the design of rural water supplies.

7

FINDINGS AND RECOMMENDATIONS

Findings

One of the important strategies in the NWP implementation is to promote water supply, sanitation and hygiene education among the rural community. However, the policy does not specify in its objectives the issues of environmental awareness and education. For example, environmental degradation (vegetation destruction and water pollution) of water sources is one of the major problems that could threaten the sustainability of rural water supply schemes. It is therefore important that environmental awareness and education should be given weight in the policy. That should include promoting technologies that minimize environmental degradation. For example, promoting the use of efficient charcoal stove (Jiko Sora) that consumes little charcoal and conserves heat (e.g. Jiko bora). Again, use of red soil and cement bricks for house construction in rural areas can be promoted to minimize vegetation destruction or the use rice husks for burning bricks instead of fuel wood can be promoted. Therefore, one of the policy objectives in this case should be to promote environmental conservation and encourage environmentally sound practices and/or technologies to protect water sources.

Another policy strategy is to make EA mandatory prior to execution of all major water related projects. However, there are no guidelines developed by MWLD for carrying out EA in water supply development projects. For example TANAPA has developed its own EA guidelines for development projects being carried out in the National Parks or Game Reserves. It could be important if the MOW could develop its own EA guidelines and environmental management plan (EMP). From those guidelines, it shall be possible to develop standard EIA reports, techniques and reviews that are specific to the water sectors and within the local context. The output in this case, should be EA guidelines, standard reports and reviews process, that address the requirement of the sector and put local issues into consideration.

The policy identifies conflict of interest among water users due to water resource planning approach that is sector oriented and regionally based or project specific. To alleviate this problem the policy will integrate national, basin, sub-basin and community level plans. It states that inter-sectoral planning at basin level will be formulated and participatory approach at all levels will be promoted. According to the policy, environmental issues will be analyzed at planning level. However, the policy does not give any implementation strategy to ensure that environmental issues are incorporated in all stages of water resource development. There should be an institutional reform in the MOW by establishing an environmental section. The responsibility of this section shall be to foresee implementation of environmental management plans and to link and co-ordinate with the Environment Division and NEMC.

The question of water source protection and cleaning due to pollution has been noted in the policy involves financing mechanism. However, up to now

8

source of funding largely depends on government budget and thus not adequate. There is a need to look for other sources to complement the government budget. One of the sources may involve introduction of water users charges and polluter pays principle. Other mechanism is to encourage local communities to actively participate in water sources protection. The established community water funds should be used, not only, in 0 & M water supply schemes but also water sources protection.

Recommendations

• Environmental awareness and education should be given weight in the NWP. That should include promoting technologies that minimize environmental degradation.

• It could be important if the MOW could develop its own EA guidelines and environmental management plan (EMP).

• There should be an institutional reform in the MOW by establishing an environmental section. The responsibility of this section shall be to foresee implementation of environmental management plans and to link and co-ordinate with the Environment Division and NEMC.

• The financing of water protection from pollution should involve introduction of water users charges and polluter pays principle (PPP). Other mechanism should be to encourage local communities to actively participate in water sources protection. The established community water funds should be used, not only, in 0 & M water supply schemes but also water sources protection.

• The legislation to support implementation of EIA requirements in the water sector should be incorporated in the Water Utilization Act.

2.2 Legislation in Tanzania

The relevant legislative matters of environmentai concern relate to solid waste management, pollution Control, Environmental Quality Standards, Land use, Health & Safety, Protection of Wildlife, Sensitive areas, Unique flora & Fauna, Protection of Natural & Cultural Resource.

(i) Protection of Sensitive areas & Unique Flora & Fauna

The relevant legislation in Tanzania related to preservation and/or protection of sensitive areas and unique flora & fauna are:

• Fauna Conservation Ordinance (an Ordinance is law promulgated

before in dependence) Cap. 302 as amended by Acts No. 15 and 17 of

1963 and Act No. 7 of 1965.

9

• National Parks Ordinance (Amendment) Act No. 44 of 1963.

• Forest Ordinance of 1957 Cap. 389, Forests Ordinance (Amendment)

Act No. 43 of 1963.

• Land Ordinance Cap. 113.

• Public Land (Preserved areas) Ordinance (Amendment) Act. No. 28 of

1965.

• National Land Policy (1997).

• Industrial Licensing and Registration Act of 1967 and with

Amendments of 1982.

• Water Utilization (Control and Regulation) Act. Of 1974 as amended by

the Water Utilization (control and Regulation Amendment) Act of 1981.

• Fisheries Act. No. 6 of 1970.

• Wildlife Conservation Act No. 21 of 1974.

• National Environment Management Act No. 19 of 1983.

(ii) Solid Waste Management

The principle legislation that governs waste management is found in the Local Government Acts, National land use commission Act and Town & Country Planning Ordinance. However, no specific legislation that addresses solid waste management in Tanzania. The landaus planning act gives local authorities the power to designate land in urban areas for specific uses, like solid waste disposal sites. Besides that, the common law of nuisance can be applied to waste disposal sites (e.g. Case of Belegere vs Dar Es Salaam City Council)1

. The relevant policy is the NEP whose primary objective is to promote environmentally sound technologies, that are less polluting, recycle more of their wastes and handle wastes in a more acceptable manner than the technologies they replace. Within the NEP, Health sector refers to provision of waste disposal services. The industry sector refers to prevention, reduction, control and limitation of damage and minimization of risk from general management, transportation, handling and disposal of hazardous wastes.

(iii) Air Pollution

There is neither legislation nor definitions of standards or objectives pertaining to air pollution. So far the only item of legislation is that which appears in the Penal Code and Merchant Shipping Act.

1 In 1985 the Residents of Kunduchi Mtongani, Dar Es Salaam successfully moved the high court to close a dump site that was opened by the City Council in the residential area due to air pollution problem.

10

The Penal Code stipulates that "voluntarily vitiating the atmosphere so as to make it noxious to the health of persons in the vicinity" is a misdemeanor. The local Government (District and Urban Authority Acts, 1982) contains provisions to protect human health and regulates pollution problems. The Merchant Shipping Act, 1967 prohibits emissions of dark smoke from ships for more than five minutes in any hour, within a certain distance from the shore. However, common law principles of nuisance can also be applied in matters of air pollution as in the case of solid waste management (Belegre Vs City Council).

The NEP seeks to reduce and control impacts from industrial emissions through location, control of emission and use of environmentally friendly technologies (Clean Technology). The policy also seeks to establish permissible noise levels in cases of noise-prone industries and construction sites. However, there are no established air and noise quality standards, although draft proposals have been prepared by NEMC (1997) for ambient air and emission sources.

(iv) Mining

So far, no legislation in Tanzania that specifically deals with control of land pollution. However, this issue can be related to land use policy and regulations. The NEMC Act has some provisions to initiate steps for the protection of environment by preventing, controlling, abating or mitigating pollution to land, water air, etc.

The NEP addresses the issues of land pollution, especially in regards to mining sector. It states that measures will be taken to minimize pollution from the mining sector. These include reclamation and restoration of land after use, mining discharges to ground and surface water. According to the policy land, ground & surface water pollution shall be controlled and preventive as well as, clean up measures for accidents shall be formulated and implemented. Similar policies are also applicable to other industrial sector.

(v) Land use

The relevant legislation controlling land use and its management include:

• National Land Policy (1997)

• Land Ordinance Cap. 113

• Public Land (Preserved areas) Ordinance (Amendment) Act. No. 28 of 1965.

• Town and Country Planning Ordinance were established to regulate land use planning schemes for deSignated areas.

11

• Natural Resource Ordinance to create Natural resource Board, responsible for supervising natural resource.

• The National Land Use planning Commission to advise the government on land conservation and development.

• The Local (District and Urban) Authorities Acts (1982) to empower Local Authorities it to make by-laws on soil protection, agriculture, water supplies and other natural resource.

Other legislation relevant to land use includes, Range Land Development and Management Ordinance, Land Ordinance (1961) and Land Acquisition Act (1967). Recently, the Land Act (1999) has been enacted to regulate land allocation, including a village land.

The National Land Policy (1997) addresses issues of protection of sensitive areas. These include water catchment areas, small islands, border areas, beaches, mountains, forests, national parks, rivers, river basins and banks, seasonal migration routes of wildlife, national heritage and areas of biodiversity. According to policy, these areas or parts of them shall not be allocated to individuals.

The policy also deals with protection of hazard lands, such as, river valleys, areas of steep slopes, mangrove swamps, marshlands. The policy recognizes that apart from posing danger to life and property, developments on those areas contribute to land degradation, pollution and environmental degradation in general.

(iii) Water

The relevant legislation that covers water pollution and supply include the Water Works Ordinance (Cap. 281), the Urban Water Supply Act, 7/81 and Water Utilization and Control Act, 4217 4. The Water Works Ordinance specifies that pollution of water supplies constitutes a punishable offence. The Urban Water Supply Act gives the National Urban Water Authority (NUWA, now DAWASA) power regarding surface and ground water pollution. It specifies that pollution of surface or ground water is a punishable offence. The Water Utilization and Control Act establish temporary standards for receiving waters and effluent discharge standards. The Public Health Sewerage and Drainage Ordinance (Cap. 335) prohibits the discharge of certain substances into sewers. Usually violation of this ordinance is an offence and penalties may be imposed.

The Government of Tanzania has also created the following bodies with specific tasks to regulate water pollution. These include:

• National Urban Water Authority (NUWA now DAWASA)

12

• Tanzania Bureau of Standards (TBS).

• National Environment Management Council (NEMC).

Tanzania Bureau of Standards has also issued effluent standards for a limited number of specific industries in the country. Again, a Sewerage and Sanitation Policy has been prepared. The National Water Policy of 1993 has been revised to form a new National Water Policy (2000), covering Urban Water Supply & Sanitation and Rural Water Supply & Sanitation.

The existing legislation on water resource management are:

• The Laws of Tanganyika 1947 & 1950 Cap. 281.

• Water Works Ordinance (Subsidiary Legislation) Cap. 281.

• Public Health (Sewerage & Sanitation) Cap. 336.

• Water Utilization (Control and Regulation) Act No. 42 of 1974.

• Urban Water Supply Act. No. 7 of 1981.

• Water Utilization (Control and Regulation) Amendment Act. No. 10 of

1981.

• Written Laws (Promotion and Protection) Act. No. 10 of 1990.

• Water Utilization (Misce"aneous Amendment) NO.8 of 1997.

• Water Laws (Misce"aneous Amendments) Act of 1999.

Major topics covered in the law in Water Resource concern protection and exploitation. In water protection important topics deal with:

• Ownership of water resource

• Protection of water resource

• Protection of flora, fauna and natural environment in water resource

• Protection of water quality in other countries

• Discharge of waste water in water sources

For water resource exploitation main topics covered concern with:

• Regulation and distribution of water resource.

• Right of organizations and Individuals to exploit and use water

resource.

• Obligations of organizations and individuals that exploit and use water

resource.

13

• Issuing of permits for exploitation and use of water resource.

(iv) Health & Safety

Generally, legal and policy issues on environment are supposed to provide healthy and safe environment for sustainable human development. The legislation relates to the external environment, such as availability of safe and sufficient water, sewage treatment, waste disposal services and pollution control mechanisms. Health & Safety issues are also relevant to the environment at work places, as it affects the health and safety of workers.

The items of legislation that are relevant to health &·safety are found in the Factories Ordinance and the Penal Code. The Factories Ordinance deals with health & safety of workers at their work places. The word "factory" as considered by this ordinance includes most places of work. This ordinance sets standards for health, safety and welfare of workers. It empowers the Minister for Labor to make rules for health, safety and welfare of workers. The legislation states that: "Where the Minister is satisfied that, any manufacturer, machinery, plant, equipment, appliances, processes or description of manual labor, is of such a nature as to cause risk of bodily injury/harm, or to be offensive to the person employed. Then the Minister shall take a legal action to protect the employee." Thus, based on its broad context, the ordinance is also relevant to this project, as far as construction works and operation of equipment on-site is concerned. The Penal Code can be considered as another relevant legislation to this project. It restricts the practice of noxious trades and this restriction extends to cover unsafe places of work.

The existing policy matters within NEP are relevant to Health & Safety. This is the case because reduction of emissions and pollution from industry and adoption of clean technologies are beneficial to workforce and the public in general. The specific policy that refers to health & safety is the industry sector policy, that seeks to ensure workers' health and safety are adequately protected from potential environmental health hazards. Again, under the Local (District and Urban) Authorities Acts (1982), the Local Governments have been empowered to make by-laws regarding public health and safety issues.

(v) Vegetation & Wildlife

The Wildlife Conservation laws restrict hunting or cutting vegetation in the National Parks and game reserves. However, the laws are less strict in the Game Controlled Areas. The Wildlife Conservation Act protects wildlife and vegetation. Under the Act the utilization of wildlife is restricted to license holders. The use of sensitive wildlife habitats is restricted during a certain times of the year or for specific periods.

Wildlife Conservation Act of 1974 (amended in 1974) limits exploitation of certain forestry resources by requiring specific licenses for harvesting and selling forests products. The revised Forestry Policy of 1993 recognizes the

14

important role of forests in the maintenance of the environment, provision of forestry products and the protection of watersheds and bio-diversity.

(vi) Marine and Freshwater Fisheries

The important item of legislation in the fisheries regulation is that which prohibit flow or passing into water and solid, liquid or gaseous matter or cause water pollution in any lake, river, dam, estuary or seawater. This legislation requires any person responsible for pollution to clean the polluted water within a reasonable period at his/her own expense.

Again, specific regulations were introduced in 1973 and 1982, under the fisheries Act (1970), to limit annual catches. The legislation also puts limitations on methods of fish harvesting, including the outlawing of dynamiting and poisoning.

(vii) Agriculture

The agricultural Policy addresses issues of land degradation from agrochemical. The donors support programs such as the Land management Program (LAMP), the Soil Erosion Control and Agroforestry Program (SECAP) and the Soil Conservation and Agroforestry Program (SCAPA) aim to reduce pollution from agrochemical.

(viii) Cultural Resource & Heritage

The relevant items of legislation on these issues are found in the Antiquities Act and Protected places & Areas Act. The Act seeks to protect through regulation of access to declared monuments, relics and conservation areas. The protected places and Areas Act gives the Minister for legal Affairs the authority to prevent or control movement and conduct of people in certain areas.

2.3 International Treaties & Agreements

The principal international treaties and agreements related to environment of which Tanzania is a Signatory (MTNRE and Green Globe Yearbook, 1993) are:

• Convention Related to the Preservation of Fauna and Flora in the their

Natural set up - London 1933

• Convention on the African Migratory Locust - Kano, 1962.

• African Convention on the Conservation of Nature and Natural Resource -

Algeria 1968

• Convention on the Protection of the World Cultural and Natural Heritage

(World Heritage Convention) Paris 1972 (UNESCO)

15

• Convention on International Trade in Endangered Species of Wild Fauna

and Flora (CITES)- Washington DC, 1973 (UNEP)

• United Nations Convention on the Law of the Sea (UNCLOS) Montego

Bay, 1922

• FAO International Undertaking on Plant Genetic Resource Rome, 1983

(FAO)

• FAO International Code of conduct on the Distribution and use of pesticide

- Rome, 1985 (FAO).

• Convention on Biological Diversity - Rio de Janeiro 1992 (UNEP)

• Framework Convention on Climate change - Rio de Janeiro, 1992.

FINDINGS AND RECOMMENDATIONS

Findings

All legislation within the sectoral ministries is adequately covered to guide environmental management, including EIA requirements. However, no comprehensive legislation that enforces implementation of NEP or that empowers NEMC to make EIA requirements legally binding.

The legislation does not adequately address water resource ownership, management and utilization. Under the existing laws, the United Republic of Tanzania owns water resource, and every one has a right of access to free water supply. However, access to some minimal amount for essential needs is not stipulated in the Water Law.

The issues of ground water utilization, pollution control and monitoring are not adequately addressed in the current law. This may result into problems and some times conflicts. For example, in recent years, there have been an increasing number of individuals and institutions, which have turned into ground water sources utilization. Monitoring of these individual water users is important because over-extraction of ground water may result into problems. These include hydrological imbalance, land subsidence and vulnerability of the land to tectonic effects (earthquake). Therefore, question of water pollution, and allocation of ground water resource among various users should be adequately covered in the legislation, to avoid environment degradation and hazards due to uncontrolled extraction.

There are some deficiencies in the existing law on water resource. According to the NWP (2000) the existing legislation does not show clear distinction and separation of roles of service, operational and management function on one hand and regulatory functions on the other hand. There is a need to

16

revise/review the current legislation so that regulatory functions are separated from service functions.

Another shortcoming with the current legislation is the lack of adequate representation of water users, especially at vii/age level. There is a need to review the current legislation in order to cover water users at village levels. The vii/age governments should be encouraged to establish by-laws to protect the environment and water sources.

There is a linkage between land, environment and water resource management. Therefore, the MWLD should co-operate with Ministry of Lands & Urban Development (MLUD), Ministry of Natural Resource and Tourism (MNRT), Office of the Vice President and Ministry of Agriculture & Food (MOAF). The respective legislation should be reviewed and harmonized to avoid conflicts of interests among the ministries.

The water use issues are dealt with in various sectors, but they are not in harmony with each other, hence difficult to prosecute offenders. Again, it may not be appropriate to prosecute them in the absence of comprehensive legislation. Therefore, such legislation should be established to cover other sectors. The sector Ministers should then refer to the legislation on water resource in matters related to their own sector's water use, consumption and pollution.

Various actors at different levels are performing some aspects of water resource and environmental management, but no effective co-ordination and collaboration exist among them. This has resulted into over-lapping responsibilities and duplication of efforts,

Recommendations

• The formulation of comprehensive legislation should be speeded up to facilitate implementation of NEP and empower NEMC to make EIA mandatory and legally binding.

• The issues of water resource ownership, management and utilization should be specified in the Water Laws.

• The question of ground water utilization, pollution and monitoring should be addressed in the Water Laws to cope with the current situation, whereby private and individuals participation in ground water works is rapidly increasing.

• The current legislation should be reviewed in order to have a clear distinction and separation of roles of service, operation and management function on one hand and regulatory function on the other hand.

• The water users at village level should be covered in the current legislation and the village governments should be encouraged to establish by-laws to protect water sources and environment in general.

17

• The respective legislation in sector ministries should be reviewed and harmonized to avoid conflict of interests.

• Comprehensive legislation should be established to cover all water related sectors and the Minister for water should enforce legislation on various sectors' consumption and pollution.

• There should be a clear statement of institutional responsibilities and supporting legislation in to facilitate implementation of NEP and reduce duplication of efforts.

2.4 Standards Governing Water Quality

The national standards relevant to water quality in Tanzania include the:

• Tanzania Water Quality standards.

• Tanzania Standards for Receiving Water.

• Temporary Standards for Quality of Domestic Water.

• Classification of Environmental Status for fresh water.

• Tanzania Standard for Rural Water Supply.

(i) Standards for Rural Water

The Tanzania standards for Rural Water Supply consider toxic elements, mainly fluorides and nitrates, as inorganic compounds with effect on human health. Generally, values for Tanzania standards are higher than those set by the European Community (EC) and World Health Organization (WHO).

(ii) Effluent & Receiving Water Quality Standards

The Ministry of Health in Collaboration with the then Ministry of Water, energy and Minerals developed the Effluent and Receiving Water Quality standards in 1977. These standards were adopted and appear as schedules under the water utilization (control and Regulation) Amendment Act No. 10 of 1981. The standards comprise of receiving water quality standards, the effluent quality standard and the domestic water standards.

However, enforcement of existing provisions is limited due to inadequate resource and fragmented responsibilities within implementing institutions. Again, there is lack of compliance by industries with current discharge standards. Therefore, there is a need for strengthening environmental regulatory capacity and associated institutional development as proposed by NEMC.

18

Receiving water Quality Standards

In Tanzania, receiving water quality standards is divided into 3 categories. The standards provide maximum permissible concentration. That of EC (1980) gives maximum admissible concentration and WHO (1993) gives recommendations.

The Category I concern drinking water supplies, swimming pools, food and beverage manufacturing industries, pharmaceuticals manufacturing industries or industries requiring water source of similar quality. Category 11 deals with the use of water in for domestic animals, fishing, shell cultures, recreation and water for sports. Category III relates to water for irrigation and other industrial activities requiring water quality standards lower than those in Category I and 11. The maximum permissible concentrations for three categories include 20 mg/L for Category I & 11 and 30 mg/L for Category Ill.

Effluent standards

The Temporary standards deal with effluents for direct discharge into receiving waters. The restrictions are that those effluents should not cause sludge or scum, should not cause change in color, should not change in natural taste or odor and should not cause temperature change by more than SaC. The standard also deals with effluents for indirect discharge into receiving waters through municipal sewerage plant. It specifies that effluents should not have more than 3SoC or not exceed SaC above ambient temperature of supplied water. '

The Tanzania standards for water quality are regulated through water utilization Act 1974 (Amendment 1981). This includes regulation on pollution of water. Under the Act no person may discharge effluents from commercial, industrial or other trade waste systems into receiving water without consent duly granted by a water officer. The standards related to effluents and receiving waters are specified and should be complied with by users of water before or during discharge into watercourse, receiving waters or municipal sewerage systems. The standards prescribed in 1981 amendment include standards for receiving waters, effluents standard and drinking water standards.

In Tanzania, discharge permit is granted by Public Water Office (PWO) and Water Basin Offices (WBOs). However, discharge permit is granted by PWO for new plants only, as most industries in the country are old. Those industries are not regulated through discharge permits, but they are required to comply with the national effluent standards. Again, few industries and municipal waster wat