DEMOCRATIC REPUBLIC OF CONGO MINISTRY OF INDUSTRY, SMALL AND MEDIUM ENTERPRISES ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT OF THE CONGO EQUIPMENT FACILITIES CONSTRUCTION PROJECT AT THE LUANO / KATANGA PROVINCE SITE FINAL REPORT OCTOBER 2014
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DEMOCRATIC REPUBLIC OF CONGO MINISTRY OF INDUSTRY, SMALL AND MEDIUM ENTERPRISES
ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT OF THE CONGO EQUIPMENT
FACILITIES CONSTRUCTION PROJECT AT THE LUANO / KATANGA PROVINCE SITE
FINAL REPORT
OCTOBER 2014
i
TABLE OF CONTENTS
LIST OF TABLES ................................................................................................................................................... III
LIST OF PHOTOS.................................................................................................................................................. III
LIST OF ABBREVIATIONS ..................................................................................................................................... IV
NON‐TECHNICAL SUMMARY ............................................................................................................................... V
GENERAL INTRODUCTION ................................................................................................................................... 1
I. BACKGROUND FOR THE ASSESSMENT ...................................................................................................................... 1
II. OBJECTIVES ..................................................................................................................................................... 2
III. METHODOLOGY AND TECHNIQUES ......................................................................................................................... 3
IV. PRESENTATION OF THE INITIATOR (PROPONENT) ........................................................................................................ 3
IV.1. Congo Equipment’s History ........................................................................................................................ 3
IV.2. Services offered by Congo Equipment SPRL in Katanga .............................................................................. 3
IV.4. Effective as at 30 April 2014 ...................................................................................................................... 5
IV.5. Charitable Work …....................................................................................................................................... 5
V. PRESENTATION OF THE CONSULTANT ...................................................................................................................... 5
CHAPTER I: LEGAL, REGULATORY AND INSTITUTIONAL FRAMEWORK .................................................................. 7
1.1. NATIONAL LEGAL AND REGULATORY FRAMEWORK ................................................................................................ 7
1.2. INTERNATIONAL LEGAL FRAMEWORK .................................................................................................................. 7
2.1.3. Air Quality ....................................................................................................................................... 11
2.1.4. Relevant Components of the Environment ..................................................................................... 11
4.2. IDENTIFICATION, ANALYSIS, ASSESSMENT OF POTENTIAL IMPACTS OF ACTIVITIES IN THE PREPARATION PHASE OF THE PROJECT IMPLEMENTATION SITE ................................................................................................................................. 19
4.3. MITIGATION/IMPROVEMENT MEASURES OF POTENTIAL IMPACTS OF ACTIVITIES IN THE PREPARATION PHASE OF THE PROJECT
IMPLEMENTATION SITE .............................................................................................................................................. 21
4.4. IDENTIFICATION, ANALYSIS, ASSESSMENT OF POTENTIAL IMPACTS OF ACTIVITIES IN THE PROJECT FACILITIES
CONSTRUCTION PHASE .............................................................................................................................................. 23 4.5. MITIGATION/IMPROVEMENT MEASURES OF POTENTIAL IMPACTS OF ACTIVITIES IN THE PROJECT FACILITIES
CONSTRUCTION PHASE .......................................................................................................................................... 25
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4.6. IDENTIFICATION, ANALYSIS, ASSESSMENT AND MITIGATION/IMPROVEMENT MEASURES OF POTENTIAL IMPACTS OF
ACTIVITIES IN THE PROJECT FACILITIES OPERATIONAL PHASE ………………........................................................................... 27
CHAPTER V: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN .................................................................... 30
5.6. HEALTH, SAFETY AND EMERGENCY PLAN .......................................................................................................... 33
5.7. ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN BUDGET COSTING .................................................................. 36
CHAPTER VI: PUBLIC CONSULTATION ................................................................................................................ 37
GENERAL CONCLUSION ..................................................................................................................................... 39
TABLE 4: ASSESSMENT OF THE IMPACTS DURING THE PREPARATION PHASE OF THE PROJECT IMPLEMENTATION SITE ..................................................................................................................................... 19
TABLE 5: MITIGATION/IMPROVEMENT MEASURES DURING THE PROJECT SITE PREPARATION PHASE ................ 21
TABLE 6: ASSESSMENT OF POTENTIAL IMPACTS DURING THE PROJECT FACILITIES CONSTRUCTION PHASE ......... 23
TABLE 7: MITIGATION/IMPROVEMENT MEASURES DURING THE PROJECT FACILITIES CONSTRUCTION PHASE . 25
TABLE 8: OPERATION OF THE SPARE PARTS STORAGE AND SALES UNIT COMPONENT ..................................... 27
TABLE 9: OPERATION OF THE SPARE PARTS RECONDITIONING WORKSHOP COMPONENT ................................ 28
TABLE 10: OPERATION OF THE OIL ANALYSIS LABORATORY COMPONENT ........................................................ 29
TABLE 11: BUDGET ESTIMATE FOR IMPLEMENTATION OF THE ESMP ................................................................. 36
LIST OF PHOTOS
PHOTO 1: CONGO EQUIPMENT HEAD OFFICE IN LUBUMBASHI ............................................................................. 4
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LIST OF ABBREVIATIONS
AFNOR : Association Française de la Normalisation (French national organisation for standardisation)
As : Arsenic
Cd : Cadmium
CFC : Chlorofluorocarbon
CH4 : Methane
CO2 : Carbon Dioxide
Cr : Chromium
Cu : Copper
EDTA : Ethylene Diaminetetraacetic Acid
EMT : Trace Metals
Fe : Iron
GHG : Greenhouse Gases
GIS : Geographic Information System
GPS : Global Positioning System
INRA : Institute National de Recherche Agronomique (French
National Institute for Agricultural Research)
N2O : Nitrous Oxide
Ni : Nickel
Pb : Lead
POPs : Persistent Organic Pollutants
SWOT : Strengths, Weaknesses, Opportunities and Threats
U : Uranium
V : Vanadium
Zn : Zinc
v
NON-TECHNICAL SUMMARY
The unpredictable consequences caused by environmental degradation can be
observed from biodiversity loss, air, water and soil pollution, ozone depletion, decreasing
soil fertility, desertification, depletion of fish stocks and deterioration of the natural and
cultural heritage, as well as global warming and its corollary, climate change (now a
reality). Driven by the desire to face the various challenges above, the international
community has had to impose certain obligations on signatory States through the
STOCKHOLM and RIO de JANEIRO Summits. These obligations included the
development of national legislation, policies, plans and implementation programmes,
as well as the adoption of mechanisms to achieve effective environmental protection.
The precautionary principle, whose corollary is the principle of preventive action, will be
highlighted at the above-mentioned summits and will guide the effective action of
policymakers across the world with regard to environmental management and
protection.
The Democratic Republic of Congo has adopted a Constitution reflecting international
environmental obligations in order to comply with the obligations imposed on Member
States and show its acceptance of the United Nations’ environmental management and
protection principles. The relevant legislation was also outdated, or even inadequate in
meeting the new requirements. This Constitution gave birth to the Law No. 11/009 of 09
July 2011 relating to fundamental environmental protection principles.
This new law calls for adopting procedural mechanisms, and requiring all operators of
classified facilities governed by the licensing scheme to implement them.
The implementation of four such mechanisms (strategic environmental assessment,
environmental impact assessment, public enquiry and environmental audit) is
recommended to ensure better environmental management and protection before,
during and after the operation of an activity likely to generate environmental impacts.
This is why setting up an activity subjected to the licensing regime requires prior
completion of an environmental and social impact management plan as in the present
case.
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GENERAL INTRODUCTION
Environmental issues are today at the heart of global discussions, bringing together the
world’s intelligentsia in order to find solutions to environmental challenges.
Around these issues, for the first time, ideological divides and other enshrined
stereotypes in diplomatic language make way for a common concerted vision in
everyone’s best interest. Since the birth of the international community, no issue has
raised as much passion in inhabited places around the world and has been discussed
with as much interest as environmental preservation.
And for good reason, because the various environmental issues are at the crossroads
of major challenges, such as health safety, the preservation of natural environments,
biodiversity protection, the quality of the living environment, land use planning, and more
broadly, choices in terms of growth and development model.
The point being put across is that this assessment stems from a number of motivations,
which will be detailed in what follows.
Given the dangers associated with environmental degradation – which could be
observed from biodiversity loss, air, water and soil pollution, ozone depletion, decreasing
soil fertility, desertification, depletion of fish stocks and the deterioration of the natural
and cultural heritage, as well as global warming which has become a reality – the
international community has had to impose certain obligations on States to address the
many challenges mentioned above.
These various international instruments were the sources for international and national
obligations presented in this document.
I. Background for the Assessment
All sectors of activity have an environmental footprint, be it industrial, agricultural,
forestry, mining, commercial, hydrocarbon, energy, telecommunications, transport or
other sectors. It is because they imply energy use as well as the generation of waste,
radiation, effluents and other releases that have an impact on the environment and
health.
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This is why Congolese lawmakers have imposed such obligations in the interests of the
environment given that despite their impact, activities other than mining were not subject
to the procedural mechanisms for environmental protection.
Law No. 11/009 of 09 July 2011 governing the fundamental environmental protection
principles in its Article 21 thus requires a duly approved environmental and social impact
assessment report with an environmental and social management plan from all projects
that are likely to generate environmental impacts.
II. Objectives
The environmental and social impact assessment set out for this purpose is aimed at
taking account of environmental concerns in the life of Congo Equipment in this area.
This assessment will also help the Director of Company to operate an investment that is
more respectful of its supporting environment while technically, economically and
environmentally acceptable.
III. Methodology and Techniques
The descriptive methodology was used in preparing this document. It is based on direct
observation and interview techniques. Photos and geo-referencing of the GPS points
have effectively contributed to achieving the set objectives.
a. Direct Observation
Direct observation of the activities to be carried out consisted in analysing the initial
state of the site, its environment, and projections on the effects of planned activities as
well as the mitigation measures to be considered.
b. Interviews
This technique was used during discussions with service providers with respect to issues
related to the conditions of the site, activities to be carried out there, their possible
impacts as well as the proposed precautionary environmental management measures.
These discussions were aimed at coordinating activities and environmental measures to
consider for each service to be arranged.
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IV. Presentation of the Initiator (Proponent)
This assessment was initiated by Congo Equipment SPRL, a company incorporated
under Congolese law with its head office at No. 675, Avenue de la Métallurgie
(commonly known as Victim of the Rebellion) on the premises of the former FONDERIE
AFRICAINE (abbreviated as FONDAF). Congo Equipment has a representation in
Kolwezi on the premises of the former R. Swanepoel Company, in the DILALA
Commune, in the urban-rural district of Kolwezi, Katanga Province, Democratic Republic
of Congo.
IV.1. Congo Equipment’s History
Congo Equipment SPRL is a company incorporated under Congolese law in accordance
with the deed of incorporation of 07 March 2007.
It is a joint venture between two major Caterpillar dealers in Africa, BARLOWORLD
Equipment, a South African company covering Southern Africa and TRACTAFRIC
Equipement, a French company serving Central Africa and the entire DRC. The
continued development of the company’s activities since its inception in 2007 results from
the original ambition supported and implemented by the members of the Board and
shared by all staff members. This development stems from a precise organisation of the
distribution of powers and responsibilities between decision-making, management and
control bodies in accordance with the highest standards of ethics and trust.
Congo Equipment is the official representative of CATERPILLAR across Katanga
Province. The company represents the following brands: CATERPILLAR, MANITOU,
PERKINS, HYSTER and OLYMPIAN.
IV.2. Services offered by Congo Equipment SPRL in Katanga
Performing all commercial and technical operations relating to industrial, mining or civil
engineering equipment, generators, elevators, etc.
Besides sales, the company offers an after-sales service (workshop and spare parts).
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IV.3. Primary Objective
The objective of Congo Equipment SPRL is to provide its customers with the most
modern and performing products and services but also to earn their trust and loyalty.
The quality and the perfection of Congo Equipment’s products and services make it a
reliable and competent company.
Photo 1. Congo Equipment Head Office in Lubumbashi
The administrative offices of the company are located at No. 675, Avenue de la
5 Panicum maximum Guinea grass Poaceae Non-threatened
species
6 Commelina diffusa Climbing
dayflower Commelinaceae
Non-threatened
species
7 Persea americana Avocado Lauraceae Non-threatened
species
The deforestation and clearing undertaken by the first occupant of the site have generated
impacts that have a significant effect, including:
The disappearance of certain plant species found in the deforested areas; and
The disappearance or migration of certain wildlife species which lived or found the
essential items for their survival on these sites.
2.3.2. Fauna
Since the Congo Equipment SPRL site in Luano, Lubumbashi is located in an industrial area,
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only a few fauna species have been identified on the site and its surroundings, as follows:
TABLE 2: Fauna Identified on the Luano Site
No. Scientific Name English Name Family Environmental Value
1 Formica rufa Red wood ant Fourmiceae Non-threatened species
2 Musca domestica Housefly Muscideae Non-threatened species
3 Anopheles sp Mosquito Culicideae Non-threatened species
4 Culex sp Mosquito Culisideae Non-threatened species
5 Periplanetta americana American cockroach Blatideae Non-threatened species
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CHAPTER III: Description of the Proposed Activities
The new Congo Equipment location will include the following activities:
‒ A spare parts storage and sales unit;
‒ A maintenance and repairs workshop;
‒ A welding workshop; and ‒ A flexible parts assembly workshop.
3.1. Spare Parts Sale and Storage Unit
The sale and preparation of parts to be delivered to customers, which is the main activity
of Congo Equipment at the site, is carried out in the spare parts sale and storage unit.
The shelves of this unit contain classified and identified spare parts.
3.2. Spare Parts Repairs and Maintenance Workshop
A very high and spacious shed will serve as workshop for the reconditioning of
machinery parts for various users. This is where cleaning, repair and storage will be
performed before returning the parts to their owners (clients).
3.3. Welding Workshop
A place that will specialise in the manufacture and adjustment of certain items required
for the company’s operations.
3.4. Flexible Parts Assembly Workshop
This workshop will house the machinery required for the assembly of plastic flexible
parts. These flexible parts will be assembled by machines, including two press machines,
a compressor and a cutting machine. The assembly activity will use electric power.
16
CHAPTER IV: Identification, Analysis, Assessment of Potential Impacts and
Proposed Mitigation/Improvement Measures
4.1. Introduction
In this chapter, it is important to stress that the proposed methodological approach
focused on the environmental and social issues relating to the different project phases.
The identification of environmental and social impacts included in this assessment was
therefore carried out in accordance with this precondition. The identification of impacts
indeed consisted in an inventory of all the current impacts of different project activities in
relation to the different environmental components.
Previously identified impacts are analysed on the basis of the cause-and-effect
methodology. These impacts were assessed after being analysed. This assessment is
based on three criteria to determine the significance of each impact. These criteria are
as follows:
‒ Intensity represents the level of environmental disturbance and depends on the
vulnerability of the identified component that is assessed. Three attributes are
used to qualify the intensity: High, Medium and Low;
‒ Extent gives an idea of the spatial coverage of the impact. It is defined according
to the scope of the identified impact: Limited, Local and Regional; and
‒ Duration refers to the occurrence of the impact over time. Its characterisation
depends on the occurrence of the impact: Momentary, Temporary and
Permanent.
The combination of these three criteria determines the significance of the impact, which
can be:
‒ Major: When the impact impairs the quality or permanently restricts the use of the
affected element;
‒ Medium: When the impact somewhat compromises the use, integrity and quality
of the affected element; and
‒ Minor: When the impact does not noticeably alter the quality or use of the affected
element.
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Many other criteria can be added to the three criteria set out above depending on the
level of appreciation on the environment, its sensitivity as well as that of proposed
activities, the, the occurrence, the reversibility of the impact, etc. For the purpose of this
assessment, the nature of the impact, which indicates whether it is negative or positive,
was used.
TABLE 3: Impact Significance Assessment Matrix
Intensity Extent Duration
Significance of Impact
Major Medium Minor
High
Regional
Permanent X
Temporary X
Local
Permanent X
Temporary X
Limited
Permanent X
Temporary X
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Medium
Regional
Permanent X
Temporary X
Local
Permanent X
Temporary X
Limited
Permanent X
Temporary X
Low
Regional
Permanent X
Temporary X
Local
Permanent X
Temporary X
Limited
Permanent X
Temporary X
Regarding the different project phases, there are a number of environmental and social
impacts related to the range of activities developed and pertaining to the sensitivity of the
environmental components of the project implementation area. The potential impacts that
may arise are summed up in the identification, analysis and impact assessment tables
below.
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4.2. Identification, Analysis, Assessment of Potential Impacts of Activities in the Preparation Phase of the Project
Implementation Site
TABLE 4: Assessment of the Impacts during the Preparation Phase of the Project Implementation Site
Environmental Components Source of Impact Potential Impacts Significance
Biophysical
Components
Air/Atmosphere
Site clearing Negative: Air pollution by dust particles Minor
Operation of generators Negative: Greenhouse gas and smoke emissions Minor
Vehicle traffic Negative: Emission of suspended particulates and
exhaust gas release Minor
Water Water well drilling Negative: Accidental hydrocarbon spills Minor
Soil
Site clearing Negative: Soil degradation and loss of vegetative
cover Major
Site excavation and backfilling Negative: Soil degradation and loss of vegetative
cover Major
Water well drilling Negative: Disturbance to soil organisms Medium
Hydrocarbon storage Negative: Soil pollution from accidental hydrocarbon
spills Medium
Vehicle maintenance and repair Negative: Soil quality deterioration caused by
accidental hydrocarbon spills Medium
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Biological
Components
Flora Site clearing Negative: Loss of vegetative cover Major
Site excavation Negative: Loss of vegetative cover Major
Fauna Site clearing Negative: Destruction of ecological niches Major
Site excavation and backfilling Negative: Destruction of ecological niches Major
Human
Components
Socioeconomic and
Cultural Aspects
Vehicle traffic Negative: Risk of accidents and noise pollution Medium
Job creation Positive: Recruitment of local workers and
improvement of the population’s living standards Major
Non-utilisation of appropriate PPE Negative: Risk of workplace accidents Medium
First-aid kit not available on site Negative: Risk of inadequate first-aid care in case of
accident Major
Cohabitation between workers and the local
population Negative: Risk of HIV/AIDS and STI transmission Major
First-aid kit available on site Positive: Improved availability of first-aid supplies Major
Development of small businesses in the
immediate area of the site
Positive: Strengthening of the local economy and
improved standards of living in the neighbourhood Medium
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4.3. MITIGATION/IMPROVEMENT MEASURES OF POTENTIAL IMPACTS OF ACTIVITIES IN THE PREPARATION PHASE OF
THE PROJECT IMPLEMENTATION SITE
TABLE 5: Mitigation/Improvement Measures during the Project Site Preparation Phase
Source of Impact Potential Impacts Mitigation/Improvement Measure
Site clearing Air pollution by dust particles Regular site watering
Operation of the generator Greenhouse gas and smoke emissions Use of a generator in good condition and regular maintenance
thereof
Vehicle traffic Emission of suspended particulates and
exhaust gas release
Regular site watering, use of vehicles in good condition and
maintenance thereof
Water well drilling Accidental hydrocarbon spills Compliance with the drilling protocol and use of a drilling machine in
good condition
Site clearing Soil degradation and loss of vegetative
cover Selective clearing depending on the area to be developed
Site excavation and backfilling Soil degradation and loss of vegetative
cover Use of the excavated soil to backfill the site
Water well drilling Disturbance to soil organisms Reduction in the maximum area to be drilled
Hydrocarbon storage Soil pollution from accidental hydrocarbon
spills
Use of a tank /reservoir that meets quality standards, concreting of the
hydrocarbon storage area and construction of a retention tank
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Vehicle maintenance and repair Soil quality deterioration caused by
accidental hydrocarbon spills
Concreting of the vehicle maintenance area and proper
management of hydrocarbons
Site clearing Loss of vegetative cover Selective clearing depending on the area to be developed
Site clearing Destruction of ecological niches Selective clearing depending on the area to be developed
Site excavation and backfilling Destruction of ecological niches Use of the excavated soil to backfill the site
Vehicle traffic Risk of accidents and noise pollution Speed limitation, site marking and use of appropriate PPE
Job creation
Recruitment of local workers and
improvement of the population’s living
standards
Workers’ training and capacity building
Non-utilisation of appropriate PPE Risk of workplace accidents Providing appropriate PPE and requiring workers to wear them
First-aid kit not available on site Risk of losing injured workers because of
inappropriate first-aid care Availability on site of a first-aid kit for workers
Cohabitation between workers and the local
population Risk of HIV/AIDS and STI transmission
HIV/AIDS and STI awareness programmes for workers and free
distribution of condoms
23
4.4. Identification, Analysis, Assessment of Potential Impacts of Activities in the Project Facilities Construction Phase
TABLE 6: Assessment of Potential Impacts during the Project Facilities Construction Phase
Environmental Components Source of Impact Potential Impacts Significance
Biophysical Components
Air/Atmosphere
Loading and unloading of geomaterials (sand, stones and gravel)
Negative: Emission of suspended particulates
Medium
Operation of generators Negative: Greenhouse gas and smoke
emissions Medium
Vehicle traffic Negative: Emission of suspended
particulates and exhaust gas release Medium
Soil
Site excavation and backfilling Negative: Soil degradation Major
Hydrocarbon storage Negative: Soil pollution from accidental
hydrocarbon spills Medium
Site waste generation (pieces of metal, wood, equipment packaging, etc.)
Negative: Soil degradation Medium
24
Human Components Socioeconomic and
Cultural Aspects Vehicle use and traffic
Negative: Risk of accidents and noise
pollution Medium
Job creation
Positive: Recruitment of local workers
and improvement of the population’s
living standards
Major
Non-utilisation of appropriate PPE Negative: Risk of workplace accidents Medium
First-aid kit not available on site Negative: Risk of inadequate first-aid
care in case of accident Major
First-aid kit available on site Positive: Improved availability of first-
aid supplies Major
Cohabitation between workers and the
local population
Negative: Risk of HIV/AIDS and STI
transmission Major
Development of small businesses in the
immediate environment of the site
Positive: Strengthening of the local
economy Major
25
4.5. Mitigation/Improvement Measures of Potential Impacts of Activities in the Project Facilities Construction Phase TABLE 7: Mitigation/Improvement Measures during the Project Facilities Construction Phase
Source of Impact Potential Impacts Mitigation Measure
Loading and unloading of geomaterials (sand,
stones and gravel) Emission of suspended particulates Regular site watering
Operation of generators Greenhouse gas and smoke emissions Use of a generator in good condition and regular maintenance
thereof
Vehicle traffic Emission of suspended particulates and
exhaust gas release
Regular site watering, use of vehicles in good condition and
maintenance thereof
Site excavation and backfilling Soil degradation Use of the excavated soil to backfill the site
Hydrocarbon storage Soil pollution from accidental hydrocarbon spills
Use of a tank /reservoir that meets quality standards, concreting of the
hydrocarbon storage area and construction of a retention tank;
installation and use of emission control system on all equipment
using diesel fuel; prompt cleaning of hydrocarbon spills.
Site waste generation (pieces of metal,
wood, equipment packaging, etc.) Soil degradation Setting up of a waste collection and disposal system on site
26
Vehicle washing area Soil pollution from waste water Concreting of the vehicle washing area and setting up of a waste
water management system
Vehicle maintenance and repair
Soil quality deterioration caused by
accidental hydrocarbon spills and poor
management of oil filters and batteries
Concreting of the hydrocarbon storage area; setting up of an oil filter and
battery management system
Vehicle traffic Risk of accidents and noise pollution Speed limitation, site marking and use of appropriate protection
equipment
Job creation
Positive: Recruitment of local workers and
improvement of the population’s living
standards
Workers’ training and capacity building
Non-utilisation of appropriate PPE Risk of workplace accidents Providing appropriate protection equipment and requiring workers to
wear them
First-aid kit not available on site Risk of inadequate first-aid care Availability on site of a first-aid kit for workers
Cohabitation between workers and the local
population Risk of HIV/AIDS and STI transmission
HIV/AIDS and STI awareness programmes for workers and free
distribution of condoms
27
4.6. Identification, Analysis, Assessment and Mitigation/Improvement Measures of Potential Impacts of Activities in the
Project Facilities Operational Phase
TABLE 8: Operation of the Spare Parts Storage and Sales Unit Component
Impact-Causing Activities Impacted Components Description of Impact