City of Cape Town
Environmental
Management
Programme and
Standard Specification
adapted for
construction works on
Resettlement Sites
as well as ongoing
management during the
operational phase
City of Cape
Town
Private Bag
16548
Vlaeberg
8018
February
2011
Note:
Part A of this EMP gives general requirements
to be met in the planning and detailed design
phase of the project (Page 6).
Part B of the Standard Specification has been
adapted for use for construction works on any
of the 3 sites that may be used for resettlement
of the Visserhok residents (Page 7 – 27)
Part C gives a table of ongoing environmental
management and monitoring actions to be
undertaken during the Operational Phase on
any of the 3 sites that may be used for
resettlement of the Vissershok residents
(Page28 – 31).
Part D indicates possible decommissioning
actions associated with the Van Schoorsdrift
Site (Page 32).
CITY OF CAPE TOWN: ENVIRONMENTAL MANAGEMENT PROGRAMME
1. PURPOSE
OF
THE
ENVIRONMENTAL
Version 6: 2007
MANAGEMENT
PROGRAMME (EMP)
The purpose of the EMP is to ensure that impact prevention and mitigation
measures identified in the Environmental Assessment reports for the resettlement
of the Vissershok community are translated into practical impact management and
monitoring actions during construction and operation of the resettlement sites.
Environmental management actions are identified for the various stages of the
resettlement process but are focused on the construction and operation stages as
this is when most impacts will occur. There will be no decommissioning of the
Atlantis or Wolwerivier sites, but the Van Schoorsdrift site is proposed to be
temporary and there would be a decommissioning phase, and therefore
environmental management actions for this phase are addressed. The conditions
of authorisation will be used to refine this EMP and ensure that environmental
management requirements are taken into account during all stages of the
resettlement process.
The EMP has been compiled by staff in the City of Cape Town Environmental
Resource Management Department with inputs from the Housing Department.
2. STRUCTURE OF THE EMP
The EMP consists of an introductory section (sections 1 – 4) giving the purpose
and legal requirements of the EMP and a brief description of the planning and
preliminary design phase that has run in parallel with the environmental
assessment phase and which contributed information relevant to the EMP. The
EMP is then divided into 4 parts. Part A deals with specific requirements of the
pre-construction phase (planning and design), Part B contains the Construction
Environmental Management Specification, Part C contains the Operational
Environmental Management Programme and Part D identifies possible actions
necessary in a decommissioning phase.
This EMP is structured so that it can be implemented on any of the 3 potential
resettlement sites. Where a requirement is specific to only one site this is noted –
but most requirements are applicable to all sites.
3. LEGAL REQUIREMENTS OF ENVIRONMENTAL MANAGEMENT
PROCESSES
The revised Environmental Impact Assessment (EIA) Regulations were
promulgated in terms of the National Environmental Management Act (NEMA)
(Act 107 of 1998, as amended) in June 2010 and subsequently amended in July
and December of 2010. NEMA and the associated Regulations require the
submission of an Environmental Management Programme as part of the
Environmental Assessment Report.
The proposed resettlement of the Vissershok squatters has triggered some of the
listed activities, in addition to the need to apply for resettlement in terms of the
Less Formal Townships Establishment Act (LFTEA). The environmental
assessment is being carried out in terms of the requirements of Section 24 K of
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NEMA. DEADP, in their letter of 25 October 2010, indicated that there must be
an ‘investigation of mitigation measures to keep adverse consequences or impacts
to a minimum (note: an Environmental Management Programme must be
submitted as part of the NEMA/LFTEA documentation)’. DEADP have indicated
that the EMP ‘must meet the requirements of Section 24N of NEMA and form
part of the EIR’.
Table 1 lists the requirements of an EMP as stipulated by Section 24N of NEMA
(as amended).
Table 1: Section 24N EMP requirements
24N (2)
the environmental management programme must contain(a) information on any proposed management, mitigation, protection or remedial
measures that will be undertaken to address the environmental impacts that
have been identified in a report contemplated in subsection 24(1A), including
environmental impacts or objectives in respect of –
(i) planning and design;
(ii) pre-construction and construction activities;
(iii) the operation or undertaking of the activity in question;
(vi) the rehabilitation of the environment; and
(vii) closure, if applicable
(b) details of –
(i) the person who prepared the environmental management programme; and
(ii) the expertise of that person to prepare an environmental management
programme
(c) a detailed description of the aspects of the activity that are covered by the draft
environmental management programme;
(d) information identifying the persons who will be responsible for the
implementation of the measurescontemplated in paragraph (a);
(e) information in respect of the mechanisms proposed for monitoring
compliance with the environmental management programme and for reporting on
the compliance.
(f) as far as is reasonable practicable, measures to rehabilitate the environment
affected by the undertaking of any listed activity or specified activity to its
natural or predetermined state or to a land use which conforms to the generally
accepted principle of sustainable development; and
(g) a description of the manner in which it intends to(i) modify, remedy, control or stop any action, activity or process which causes
pollution or environmental degradation;
(ii) remedy the cause of pollution or degradation and mitigation of pollutants; and
(iii) comply with any prescribed environmental management standards or
practices.
(3) the environmental management programme must, where appropriate(a) set out time periods within which the measures contemplated in the
environmental management programme must be implemented;
(b) contain measures regulating responsibilities for any environmental damage,
pollution, pumping and treatment of extraneous water or ecological degradation as
a result of prospecting or mining operations or related mining activities which
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may occur inside and outside the boundaries of the prospecting area or mining
area in question; and
(c) develop an environmental awareness plan describing the manner in which(i) the applicant intends to inform his or her employees of any environmental risk
which may resultfrom their work; and
(ii) risks must be dealt with in order to avoid pollution or the degradation of the
environment.
The legislation aims to ensure that effective environmental management is
implemented throughout the life cycle of the project via the carry over of EIA
management actions into the EMP.
DEADP’s Guideline for Environmental Management Plan (2005) aims to inform
and guide the preparation and implementation of EMPs. The guideline defines
EMPs as:
“an environmental management tool used to ensure that undue or reasonably
avoidable adverse impacts of the construction, operation and decommissioning of
a project are prevented; and that the positive benefits of the project are
enhanced”.
This document should be viewed as a dynamic document which will require
amendments throughout the different phases of the project, allowing for
adjustments as new information is made available.
4. PLANNING AND DESIGN
Planning
The planning and design of the proposed resettlement sites has been informed by
the characteristics of the 3 sites under consideration, the social and economic
context within which the sites are located as well as what is required and feasible
in terms of establishment of an informal settlement in terms of the Less Formal
Townships Establishment Act. Detailed design and layout will be undertaken as
part of the pre-construction phase once the resettlement site has been identified
and authorised.
The environmental assessment has influenced planning and design, for example
the shape of the Atlantis site was altered to a longer narrower settlement to keep
away from the eastern border of the site which may act as a drainage sink for the
site. The Wolwerivier site was located as far north as possible so as to minimise
the direct impacts on the existing Wolwerivier community. The Van Schoorsdrift
site has been kept to the minimum size necessary for a temporary settlement for
the Vissershok residents. The planning has also recognised the fire risks present
on all sites and provision has been made for fire breaks as well as other safety
measures. The visual impacts have been addressed through the provision of
buffer zones between the settlements and the nearest access road. Provision of
services (e.g. water) to the sites has been largely influenced by the location of
existing water pipelines which will be extended. The routes for the extended
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pipelines have largely followed existing roads and so disturbance will be
minimised.
Alternatives in terms of access provision have been assessed on the Atlantis site
where 3 options have been considered and a preferred option identified. The final
choice may be influenced by input received during the public and authority
comment process.
Alternatives in terms of service provision have been identified on the Van
Schoorsdrift site (i.e. 2 possible routes for a water pipeline). Although a preferred
route has been identified, either would be acceptable.
The no-go alternative is not an option as the Vissershok residents are in the
pathway of the expanding landfill and have to be relocated. Resettlement of the
Vissershok squatters was imposed as a condition for the expansion of the landfill
site.
Design
Two alternatives are being considered in terms of shelter i.e. either provision of a
pre-fabricated steel framed, structure clad on the outside with coloured treated
metal sheets, or provision of a ‘wet core’ (single wall, bath and tap/washbasin)
and slab (using bricks as opposed to concrete in the case of the Van Schoorsdrift
site). The preferred alternative from an environmental and safety point of view is
the provision of the steel and metal top structure (with bath and tap/washbasin).
Chemical toilets or alternative eco-friendly dry sanitation options would be
provided on Van Schoorsdrift and Wolwerivier, whereas the Atlantis site would
be connected to existing bulk services (i.e. water borne sewerage).
A generic site layout has been provided for the development area within each site.
There is potential for some modification of the layouts if required. As the
environmental conditions within each development area will be altered, any
changes in layout are likely to have minimal environmental impacts. Both
environmental and socio-economic conditions must be considered in final layout
design.
Final choices in terms of design will be in response to public and authority input
and cost implications.
The following sections of the EMP set out requirements for the Planning,
Construction and Operational Phases of the resettlement project. The report is
concluded with information about the decommissioning phase that may be
associated with the Van Schoorsdrift site.
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PART A: PLANNING AND DESIGN
Mitigation measure
Objectives
Project Contract and Programme
• EMP to be included as part of tender documentation
• EMP recommendations to be enforceable under general
conditions of contract
• Copy of EMP to be available on site
• Contractor to ensure all personel on site, sub-contractors,
suppliers etc understand the specifications in the EMP
•
Minimise
negative
impacts
during the
construction
phase
•
Contract
records
Appointment and duties of the project team
• Contact details of the ECO, RE and Contractor s to be made
available to DEADP on request
• All role players must understand their roles and
responsibilities with regard to implementation of the EMP
prior to initiation of construction
• Subcontractors contracts must contain a clause to the effect
that the disposal of all construction generated refuse to an
officially approved dumping site is the responsibility of the
subcontractor in question and that the subcontractors are
bound to the management activities stipulated in this EMP.
Method statements
• As stated in the Construction phase specifications, certain
method statements must be provided by the contractor. All
activities which require method statements may only
commence once the method statements have been approved
by the engineer.
•
Minimise
negative
impacts
during the
construction
phase
•
Contract
records
Contact
details
available on
site
•
Approved
method
statements
Contractor,
ECO and
Engineer
Site demarcation and development
• Site work area (construction footprint) to be complete and
demarcated and preferably fenced before the contractors set
up their camp and begin construction
• No-go areas – such as sensitive areas or particularly
important trees identified during the EIA or detailed design
processes to be clearly demarcated and fenced prior to
commencement of construction activities
• General and specific conditions in the Environmental
Authorisation must be attached to this EMP and become part
of the EMP.
Emergencies, non-compliance and communication
• The contractor must provide method statements on the
protocols to be followed and contingencies to be put in place
for the following potential incidents before construction
begins: Contamination of soils from spills and fire. (Note:
this would also apply to contamination of natural water
resources but none have been noted on the development area
of the sites concerned).
•
Minimise
negative
impacts
during the
construction
phase
Minimise
negative
impacts
during the
construction
phase
•
Demarcated
areas
Contractor,
Engineer, City
of Cape Town
Minimise
negative
impacts
during the
construction
phase
•
Method
statements
Contractor,
Engineer
•
Contractors must obtain the necessary contact details for
emergencies prior to commencement of construction.
•
The contractor understands that repeated failure to adhere to
the requirements of the EMP may result in penalties or fines
as stipulated in section 6 of the construction phase
specifications, over and above the costs incurred for any
remediation required as a result of the specific noncompliance.
•
•
Measurable
target
•
City of Cape Town: Standard Environmental Specification
Responsible
Party
City of Cape
Town Solid
Waste,
Housing and
Planning and
Building
Development
Departments
City of Cape
Town Solid
Waste,
Housing and
Planning and
Building
Development
Departments
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PART B: CONSTRUCTION
SPECIFICATION ENVIRONMENTAL MANAGEMENT (SEM)
STANDARD SPECIFICATION
REVISION 2007
The requirement that an Environmental Management Programme (EMP) be developed and
enforced for this project is indicative of the City of Cape Town’s support for best construction
practice, which includes ensuring that environmental damage during construction is
minimised.
In terms of Clause 2.7 of the General Conditions of Contract 2004, the Engineer has the
authority to appoint a representative. This can be in the form of an Engineer’s Representative
(ER) and/or an Environmental Officer (EO) for the duration of the Contract. These
appointments/definitions can be included in the Contract Specific Data of the Contract under
Clause 1: Definitions, Interpretations and General Provisions. The EO shall be responsible
for monitoring compliance with the EMP and all instructions given by the EO shall go
through the Engineer's Representative (ER), who will then convey these to the Contractor.
Depending on the nature/environmental sensitivity of the contract the following variations in
the organisational structure are possible:
• The ER may work together with an EO; or
• There may be an ER only (for construction projects with low potential for causing
significant environmental impacts). In this case the ER has responsibility for the EO’s
functions.
• In the case of the Resettlement sites, it is recommended that the Contractor appoint an
independent ECO.
The roles and responsibilities of the ECO are as follows:
i)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
Liaison with the Client, engineer and Environmental Authorities;
Monitoring of all of the Contractor’s activities for compliance with the various
environmental requirements contained in this Specification;
Monitoring of compliance with the EA issued by the Department of Environmental
Affairs and Development Planning as well as other relevant environmental
legislation;
Reviewing of the Contractor’s environmental Method Statements;
Ensuring that the requisite remedial action is implemented in the event of
noncompliance;
Ensuring the proactive and effective implementation and management of
environmental protection measures;
Ensuring that a register of public complaints is maintained by the Contractor and that
any and all public comments or issues are appropriately reported and addressed;
Routine recording and reporting of environmental activities on a weekly and monthly
basis;
Recording and reporting of environmental incidents;
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Table 1: Contract Team Organogram
(Source: DEADP (2007) Generic Environmental Management Plan (EMP) for PreConstruction and Construction, Department of Environmental Affairs and Development
Planning (DEADP), Cape Town.)
CE
Consulting
Engineer
PM
Project
Manager
ER
Engineer’s
Representative
EO/
EM
Environmental
Officer/
Environmental
Manager
Contracted by the City of Cape Town to design and specify the project
engineering aspects. Generally the engineer runs the works contract. The CE
may also fulfill the role of Project Manager on the proponent’s behalf (See
PM).
The Project Manager has over-all responsibility for managing the project,
contractors, and consultants and for ensuring that the environmental
management requirements are met. The CE may also act as the PM. All
decisions regarding environmental procedures must be approved by the PM.
The PM has the authority to stop any construction activity in contravention
of the EMP in accordance with an agreed warning procedure.
The Consulting Engineer’s representative on site. The ER has the
power/mandate to issue site instructions and in some instances, variation
orders to the contractor, following request by the EO or ECO. The RE
oversees site works, liaison with Contractor and ECO
Appointed by the Consulting Engineers as their environmental
representative on site. The EO is not independent but must rather act on
behalf of the consulting engineers with the mandate to enforce compliance
under the project contract, which must include the EMP.
The EO has the directive to issue non-conformance and hazard certificates.
Further, in terms of accepted industry practice the EO could issue the
equivalent of a “cease works” instruction only in exceptional circumstances
where serious environmental harm has been or is about to be caused i.e. in
cases of extreme urgency and then only when the ER is absent.
The EO must form part of the project team and be involved in all aspects of
project planning that can influence environmental conditions on the site. On
certain types of projects, such as linear developments (fences, pipelines,
etc), the EO must also be the liaison between the contractor and landowners.
The EO must attend relevant project meetings, conduct daily inspections to
monitor compliance with the EMP, and be responsible for providing reports
and feedback on potential environmental problems associated with the
development to the project team and ECO.
The EO must convey the contents of this EMP to the Contractor site team
and discuss the contents in detail with the Contractor as well as undertake to
conduct an induction and an environmental awareness training session prior
to site handover to all contractors and their workforce.
The EO must be suitably experienced with the relevant qualifications and
preferably competent in construction related methods and practices.
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ECO
C
ESO
Environmental
Control
Officer
Contractor
Environmental
Site Officer
Version 6: 2007
An independent appointment to objectively monitor implementation of
relevant environmental legislation, conditions of Environmental
Authorisations (EA’s), and the EMP for the project. The ECO must be on
site prior to any site establishment and must endeavour to form an integral
part of the project team.
The ECO must be proactive and have access to specialist expertise as and
when required, these include botanist’s ecologists etc. Further the ECO must
also have access to expertise such as game capture, snake catching, etc.
The ECO must conduct audits on compliance to relevant environmental
legislation, conditions of EA, and the EMP for the project. The size and
sensitivity of the development, based on the EIA, will determine the
frequency at which the ECO will be required to conduct audits. (A minimum
of a monthly site inspection must be undertaken).
The ECO must be the liaison between the relevant authorities and the project
team. The ECO must communicate and inform the developer and consulting
engineers of any changes to environmental conditions as required by
relevant authoritative bodies. The ECO must ensure that the registration and
updating of all relevant EMP documentation is carried out.
The ECO must be suitably experienced with the relevant environmental
management qualifications and preferably competent in construction related
methods and practices. The ECO must handle information received from
whistle blowers as confidential and must address and report these incidences
to the relevant Authority as soon as possible.
On small projects, where no EO is appointed, the ECO must convey the
contents of this EMP to the Contractor site team and discuss the contents in
detail with the Contractor as well as undertake to conduct an induction and
an environmental awareness training session prior to site handover to all
contractors and their workforce.
The principle contractor, hereafter known as the ‘Contractor’, is
responsible for implementation and compliance with the requirements of the
EMP and conditions of the EA’s, contract and relevant environmental
legislation. The Contractor must ensure that all sub-contractors have a copy
of and are fully aware of the content and requirements of this EMP.
The contractor is required, where specified, to provide Method Statements
setting out in detail how the management actions contained in the EMP will
be implemented
The ESO is employed by the Contractor as his/her environmental
representative to monitor, review and verify compliance with the EMP by
the contractor. This is not an independent appointment; rather the ESO must
be a respected member of the contractor’s management team.
Dependent on the size of the development the ESO must be on site one week
prior to the commencement of construction. The ESO must ensure that
he/she is involved at all phases of the construction (from site clearance to
rehabilitation).
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Department of Environmental
Affairs and Development Planning
City Manager
(City of Cape Town)
Environmental Reference
Group
Final dispute body with regards to
disagreements. Composed of
Executive Directors from client
Directorate, the Environmental
Department & other relevant role
players.
Engineer
(Compiles Contract Documentation with
input from the Environmental Official)
Engineer’s Representative
Responsible City of Cape Town
Environmental Official
(Provides input before and during
construction with respect to the
implementation of the EMP).
This role may sometimes be
delegated to a Consultant.
Environmental Officer
(and/or independent ECO)
Emergency instructions
Contractor
Environmental Site Officer
Sub-Contractor
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Version 6: 2007
SPECIFICATION EM: ENVIRONMENTAL MANAGEMENT
CONTENTS
1.
SCOPE ......................................................................................................................................... 13
2.
INTERPRETATIONS ................................................................................................................ 13
2.1
Supporting specifications .................................................................................................... 13
2.2
Application .......................................................................................................................... 13
2.3
Definitions ........................................................................................................................... 13
2.3.1
Environment.................................................................................................................... 13
2.3.2
Potentially hazardous substance .................................................................................... 13
2.3.3
Method Statement ........................................................................................................... 14
2.3.4
Reasonable...................................................................................................................... 14
2.3.5
Solid waste...................................................................................................................... 14
2.3.6
Contaminated water........................................................................................................ 14
2.3.7
Working area .................................................................................................................. 14
2.3.8
Contractor’s camp or construction camp ....................................................................... 14
3.
MATERIALS .............................................................................................................................. 14
3.1
3.2
4.
PLANT ......................................................................................................................................... 15
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
5.
Materials handling, use and storage .................................................................................... 15
Hazardous substances.......................................................................................................... 15
Fuel and oil.......................................................................................................................... 15
Ablution facilities ................................................................................................................ 15
Eating areas ......................................................................................................................... 16
Solid waste management ..................................................................................................... 16
Contaminated Water Management ...................................................................................... 16
Site structures ...................................................................................................................... 17
Lights................................................................................................................................... 17
Workshop, equipment maintenance and storage ................................................................. 17
Noise.................................................................................................................................... 18
CONSTRUCTION ...................................................................................................................... 18
5.1
5.2
5.2.1
5.2.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
5.16
Method Statements .............................................................................................................. 18
Environmental Awareness Training .................................................................................... 18
Training course for management and foremen............................................................... 19
Training course for site staff and labour ........................................................................ 19
Contractor’s Environmental Representative........................................................................ 19
Site division, demarcation and no go areas ......................................................................... 19
Access routes/ haul roads .................................................................................................... 20
Construction personnel information posters ........................................................................ 20
Fire control .......................................................................................................................... 20
Emergency procedures ........................................................................................................ 21
Safety................................................................................................................................... 21
Community relations ........................................................................................................... 21
Protection of natural features............................................................................................... 22
Protection of flora and fauna ............................................................................................... 22
Erosion and sedimentation control ...................................................................................... 22
Aesthetics ............................................................................................................................ 22
Recreation............................................................................................................................ 23
Temporary site closure ........................................................................................................ 23
6.
TOLERANCES ........................................................................................................................... 23
7.
TESTING..................................................................................................................................... 24
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8.
Version 6: 2007
MEASUREMENT AND PAYMENT ........................................................................................ 24
8.1
Basic principles ................................................................................................................... 24
8.2
Scheduled items................................................................................................................... 24
8.2.1
The environmental awareness training course ............................................................... 24
8.2.2
Method Statements: Additional Work ............................................................................. 24
8.2.3
Work "required by the Project Specification" ................................................................ 25
Explanation of margin icons
To expedite the compilation of the Project Specification, generic clauses, appropriate to
projects with low or negligible environmental risk have been highlighted using an arrow icon
() for several of the detailed specifications. These clauses should be used where the project
is of low environmental risk and the issue is relevant to the project at hand. It should be
remembered, however, that in addition to these generic clauses, the other clauses should be
reviewed to identify any further pertinent issues not covered by the generic clause.
In this way, using the shortlist of specifications and appropriate clauses, the Project
Specification is compiled. However, before the Project Specification is included in the Tender
Document, it is essential that a suitable qualified documentation engineer review the
specification to ensure the use of appropriate terminology and the avoidance of contradiction
and ambiguity.
A flag icon (located in the right-hand margin) marks certain clauses within the Standard
Environmental Specification. This flag denotes standard clauses that refer specifically to the
Project Specification. Accordingly, in compiling the Project Specifications due consideration
must be given to these aspects and appropriate clauses included in the specification.
The highlighted options indicate the preferred option for this particular project.
City of Cape Town: Standard Environmental Specification
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1.
Version 6: 2007
SCOPE
This Specification covers the requirements for controlling the impact on the environment
of construction activities on any of the sites to be used for resettlement of the Vissershok
community i.e Van Schoorsdrift, Wolwerivier or Atlantis.
2.
INTERPRETATIONS
2.1 Supporting specifications
Where this Specification is required for a project the following specifications shall, inter alia,
form part of the Contract Document.
(a)
(b)
Project Specification;
SANS 1200 A or SANS 1200 AA, as applicable;
2.2 Application
This Specification contains clauses that are generally applicable to the undertaking of civil
engineering works in areas where it is necessary to impose pro-active controls on the extent to
which the construction activities impact on the environment. Interpretations and variations of
this Specification are set out in Portion 2 of the Project Specification (see 2.1).
In the event of any difference or discrepancy between the provisions of the Standardised
Specifications and the provisions of the Project Specification, the latter shall prevail.
2.3 Definitions
For the purposes of this Specification the definitions and abbreviations given in the applicable
specifications listed in 2.1 and the following definitions and abbreviations shall apply:
2.3.1
Environment
means the surroundings within which humans exist and that are made up of i)
the land, water and atmosphere of the earth;
ii)
micro-organisms, plant and animal life;
iii)
any part or combination of i) and ii) and the interrelationships among
and between them; and
iv)
the physical, chemical, aesthetic and cultural properties and
conditions of the foregoing that influence human health and wellbeing.
2.3.2
Potentially hazardous substance
is a substance which, in the reasonable opinion of the Engineer/ECO/EO , can
have a deleterious effect on the environment.
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2.3.3
Version 6: 2007
Method Statement
is a written submission by the Contractor to the Engineer/ECO/EO, in
response to the Specification or a request by the Engineer/ECO/EO , setting
out the plant, materials, labour and method the Contractor proposes using to
carry out an activity, identified by the relevant specification or the
Engineer/ECO/EO when requesting the Method Statement, in such detail that
the Engineer/ECO/EO is enabled to assess whether the Contractor's proposal
is in accordance with the Specifications and/or will produce results in
accordance with the Specifications.
The Method Statement shall cover applicable details with regard to:
construction procedures,
materials and equipment to be used,
getting the equipment to and from site,
how the equipment/ material will be moved while on site,
how and where material will be stored,
the containment (or action to be taken if containment is not possible)
of leaks or spills of any liquid or material that may occur,
timing and location of activities,
compliance/ non-compliance with the Specifications,
any other information deemed necessary by the Engineer/ECO/EO.
2.3.4
Reasonable
means, unless the context indicates otherwise, reasonable in the opinion of
the Engineer/ECO/EO after he has consulted with a person, not an employee
of the Client Directorate, suitably experienced in "environmental
implementation plans" and "environmental management plans" (both as
defined in the National Environmental Management Act, No 107 of 1998).
2.3.5
Solid waste
means all solid waste, including construction debris, chemical waste, excess
cement/ concrete, wrapping materials, timber, tins and cans, drums, wire,
nails, domestic waste, dead vegetation, asphalt products, etc.
2.3.6
Contaminated water
means water contaminated by the Contractor's activities containing cements,
concrete, lime, paint products, thinners, turpentine, chemicals, fuels, oils
washing detergents, etc.
2.3.7
Working area
means any area within the boundaries of the Site where construction
is taking place
2.3.8
Contractor’s camp or construction camp
Means the area designated for all the Contractor’s temporary offices,
storage areas, plant parking areas, staff welfare facilities etc.
3.
MATERIALS
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3.1 Materials handling, use and storage
The Contractor shall ensure that any delivery drivers are informed of all procedures and
restrictions (including "no go" areas) required to comply with the Specifications. The
Contractor shall ensure that these delivery drivers are supervised during off loading, by
someone with an adequate understanding of the requirements of the Specifications.
Materials shall be appropriately secured to ensure safe passage between destinations. Loads
including, but not limited to sand, stone chip, fine vegetation, refuse, paper and cement, shall
have appropriate cover to prevent them spilling from the vehicle during transit. The
Contractor shall be responsible for any clean-up resulting from the failure by his employees or
suppliers to properly secure transported materials.
All manufactured and/ or imported material shall be stored within the Contractor's camp, and,
if so required by the Project Specification, out of the rain. All lay down areas outside of the
construction camp shall be subject to the Engineer/ECO/EO's approval. Provide specifications
for dust- and erosion control.
3.2 Hazardous substances
Hazardous chemical substances (as defined in the Regulations for Hazardous Chemical
Substances) used during construction shall be stored in secondary containers. The relevant
Material Safety Data Sheets (MSDS) shall be available on Site. Procedures detailed in the
MSDSs shall be followed in the event of an emergency situation.
If potentially hazardous substances are to be stored on site, the Contractor shall provide a
Method Statement detailing the substances/ materials to be used, together with the storage,
handling and disposal procedures of the materials. Hazardous substances shall be stored out of
flood risk areas and disposal of these substances shall be at a licensed waste disposal facility.
4.
PLANT
4.1 Fuel and oil
Unless allowed by the Project Specification, fuel shall not be stored on site but shall be
transported to the site as and when required.
Where reasonably practical, plant shall be refuelled at a designated re-fuelling area or at the
workshop as applicable. If it is not reasonably practical then the surface under the temporary
refuelling area shall be protected against pollution to the reasonable satisfaction of the
Engineer/ECO/EO prior to any refuelling activities. The Contractor shall ensure that there is
always a supply of absorbent material (not saw dust) readily available to absorb/ breakdown
and where possible is designed to encapsulate minor hydrocarbon spillage. The quantity of
such materials shall be able to handle a minimum of 200l of hydrocarbon liquid spill.
4.2 Ablution facilities
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Washing, whether of the person or of personal effects and acts of excretion and urination are
strictly prohibited other than at the facilities provided. A Method Statement shall be provided,
including the provision, location, and maintenance of ablution facilities.
Provision shall be made for employee facilities including: shelter, toilets and washing
facilities. Toilet facilities supplied by the Contractor for the workers shall occur at a
maximum ratio of 1 toilet per 30 workers (preferred 1:15). Sanitation facilities shall be
located within 100 m from any point of work, but not closer than 50 m to any water body.
Toilets shall be within the Contractor’s Camp and at work areas more than 50m from the
Contractor’s Camp. All temporary/ portable toilets shall be secured to the ground to the
satisfaction of the Engineer/ECO/EO to prevent them toppling due to wind or any other cause.
These facilities shall be maintained in a hygienic state and serviced regularly. Toilet paper
shall be provided. Discharge of waste from toilets into the environment and burial of waste is
strictly prohibited.
4.3 Eating areas
The Contractor shall designate eating areas, subject to the approval of the Engineer/ECO/EO.
These shall be clearly demarcated. The feeding or leaving of food for any animal is strictly
prohibited. Sufficient bins as specified in Section 4.4 of this Specification shall be present in
this area.
Any cooking on Site shall be done on well-maintained gas cookers with fire extinguishers
present. NO fires are permitted on or anywhere near the Site.
4.4 Solid waste management
The site shall be kept neat and clean at all times. Littering is prohibited.
No on-site burying or dumping of any waste materials, vegetation, litter or refuse shall occur.
The Contractor shall provide scavenger and weatherproof bins with lids of sufficient number
and capacity to store the solid waste produced on a daily basis. The lids shall be kept firmly
on the bins at all times. Bins shall not be allowed to become overfull and shall be emptied
regularly, at least once a week. Waste from bins may be temporarily stored on Site in a central
waste area that is weatherproof and scavenger-proof, and which the Engineer/ECO/EO has
approved.
All solid waste shall be disposed of off site at an approved landfill site. The Contractor shall
supply the Engineer/ECO/EO with a certificate of disposal.
4.5 Contaminated Water Management
Potential pollutants of any kind and in any form shall be kept, stored, and used in such a
manner that any escape can be contained and the water table not endangered. Water
containing pollutants such as cements, concrete, lime, chemicals and fuels shall be discharged
into a conservancy tank for removal from the site to a licensed disposal facility. This
particularly applies to water emanating from concrete batching plants and concrete swills, and
to runoff from fuel depots/workshops/truck washing areas. Wash down areas shall be placed
and constructed in such a manner so as to ensure that the surrounding areas are not polluted.
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Should it be necessary to dispose of contaminated water into the municipal sewer or
stormwater system, written permission is required from the Engineer/ECO/EO/relevant
Municipal Official.
Should contaminated water be released into the environment, specifically into a water course,
monitoring thereof shall commence in accordance to the National Water Act, 1998 (Act 36 of
1998) Section 21(f) – refer to GN 399 (26 March 2004). Contaminated water must not be
released into the environment without authorisation from the relevant authority.
A Method Statement is required from the Contractor detailing the management of
contaminated water.
The Contractor shall notify the Engineer/ECO/EO immediately of any pollution incidents on
Site.
4.6 Site structures
All site establishment components (as well as equipment), shall be positioned to limit visual
intrusion on neighbours and the size of area disturbed.
4.7 Lights
The Contractor shall ensure that any lighting installed on the site for his activities does not
interfere with road traffic or cause a reasonably avoidable disturbance to the surrounding
community or other users of the area.
Lighting installed shall, as far as practically possible, be energy efficient. Lighting utilised on
site shall be turned off when not in use.
4.8 Work area, equipment maintenance and storage
Where practical, all maintenance of equipment and vehicles on Site shall be performed in a
designated work area
If it is necessary to do maintenance outside of the designated
workarea, the Contractor shall obtain the approval of the Engineer/ECO/EO prior to
commencing activities.
The Contractor shall ensure that in his work area and other plant maintenance facilities,
including those areas where, after obtaining the Engineer/ECO/EO 's approval, the Contractor
carries out emergency plant maintenance, there is no contamination of the soil, water sources
or vegetation. When servicing equipment, drip trays shall be used to collect the waste oil and
other lubricants. Drip trays shall also be provided in construction areas for stationary plant
(such as compressors) and for "parked" plant (such as scrapers, loaders, vehicles). Drip trays,
sumps and bunds must be emptied regularly, especially before a known rain event and after a
rain event, and the contents disposed of at a licensed disposal facility.
All vehicles and equipment shall be kept in good working order and serviced regularly.
Leaking equipment shall be repaired immediately or removed from the Site.
The washing of equipment shall be restricted to urgent or preventative maintenance
requirements only. All washing shall be undertaken in the work or maintenance areas, and
these areas must be equipped with a suitable impermeable floor and/or sump/oil trap. The use
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of detergents for washing shall be restricted to low phosphate/ nitrate and low sudsing-type
detergents.
4.9 Noise
The Contractor shall limit noise levels (e.g. install and maintain silencers on machinery). The
provisions of SANS 1200A Subclause 4.1 regarding "built-up areas" shall apply to all areas
within audible distance of residents whether in urban, peri-urban or rural areas.
Appropriate directional and intensity settings are to be maintained on all hooters and sirens.
No amplified music shall be allowed on Site. The use of radios, tape recorders, compact disc
players, television sets etc shall not be permitted unless the volume is kept sufficiently low as
to avoid any intrusion on members of the public within range. The Contractor shall not use
sound amplification equipment on Site unless in emergency situations.
Should the Contractor need to work outside normal working hours, the surrounding
communities shall be informed prior to the work taking place.
5.
CONSTRUCTION
5.1 Method Statements
The Contractor shall not commence the activity until the Method Statement has been
approved and shall, except in the case of emergency activities, allow a period of two weeks
for approval of the Method Statement by the Engineer/ECO/EO. Such approval shall not
unreasonably be withheld.
The Engineer/ECO/EO may require changes to a Method Statement if the proposal does not
comply with the specification or if, in the reasonable opinion of the Engineer/ECO/EO, the
proposal may result in, or carries a greater than reasonable risk of, damage to the environment
in excess of that permitted by the Specifications.
Approved Method Statements shall be readily available on the site and shall be communicated
to all relevant personnel. The Contractor shall carry out the Works in accordance with the
approved Method Statement. Approval of the Method Statement shall not absolve the
Contractor from any of his obligations or responsibilities in terms of the Contract.
5.2 Environmental Awareness Training
It is a requirement of this contract that environmental awareness training courses are run for
all personnel on site. All employees who spend more than 1 day a week or four days in a
month on Site must attend the training. Two types of course shall be run: one for the
Contractors and Subcontractors management and one for all site staff and labourers. Courses
shall be run during normal working hours at a suitable venue provided by the Contractor. All
attendees shall remain for the duration of the course and sign an attendance register that
clearly indicates participants’ names on completion, a copy of which shall be handed to the
Engineer/ECO/EO. The Contractor shall allow for sufficient sessions to train all personnel.
Subsequent sessions shall be run for any new personnel coming onto site. A Method
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Statement with respect to the organisation of these courses shall be submitted. Conduct
revised training as and when required.
Notwithstanding the specific provisions of this clause it is incumbent upon the Contractor to
convey the sentiments of the EMP to all personnel involved with the works.
5.2.1
Training course for management and foremen
The environmental awareness training course for management shall include all management
and foremen. The course, which shall be presented by the Engineer/ECO/EO or his
designated representative, is of approximately one-hour duration. The initial course shall be
undertaken not more than 7 days prior to commencement of work on site.
5.2.2
Training course for site staff and labour
The environmental awareness training course for site staff and labour shall be presented by
the Contractor from material provided by the Engineer/ECO/EO unless otherwise indicated in
the Project Specification. The course is approximately one-hour long. The course shall be run
not more than 7 days after commencement of work on site with sufficient sessions to
accommodate all available personnel.
5.3 Contractor’s Environmental Representative
The Contractor shall appoint an environmental representative (called an Environmental Site
Officer) who shall be responsible for undertaking a daily site inspection to monitor
compliance with this Specification and the relevant Project Specification. The Contractor
shall forward the name of the environmental representative to the Engineer/ECO/EO for his
approval seven days prior to the date of the environmental awareness training course. The
Contractor’s environmental representative shall complete daily Site Inspection Forms and
these shall be submitted to the Engineer/ECO/EO once a week.
5.4 Site division, demarcation and no go areas
The Contractor shall restrict all his activities, materials, equipment and personnel to within
the area specified. The area of the site shall be fenced where possible.
All personnel must wear either an identification tag/disc or an item of clothing clearly
specifying the name of the contractor’s company.
A Method Statement detailing the layout and method of establishment of the construction
camp (including all buildings, offices, lay down yards, vehicle wash areas, fuel storage areas,
batching areas and other infrastructure required for the running of the project) shall be
provided.
As required by the Project Specification, the Contractor shall erect and maintain permanent
and/ or temporary fences of the type and in the locations directed by the Engineer/ECO/EO.
Such fences shall, if so specified, be erected before undertaking designated activities.
If so required by the Project Specification, certain areas shall be "no go" areas. The Contractor
shall ensure that, insofar as he has the authority, no person, machinery, equipment or material
enters the "no go" areas at any time.
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5.5 Access routes/ haul roads
On the Site, and, if so required by the Project Specification, within such distance of the Site as
may be stated, the Contractor shall control the movement of all vehicles and plant including
that of his suppliers so that they remain on designated routes, are distributed so as not to cause
an undue concentration of traffic and that all relevant laws are complied with. In addition such
vehicles and plant shall be so routed and operated as to minimise disruption to regular users of
the routes not on the Site. The need for safety of other road users, including pedestrians and
horse riders or cyclists must be communicated to all contractors, subcontractors and their
staff. Speed limits on the roads accessing the site must be adhered to.
On gravel or earth roads on Site and within 500m of the Site, the vehicles of the Contractor
and his suppliers shall not exceed a speed of 45 km/hr. As far as possible the Contractor shall
use existing access and haul routes. Damage to the existing access roads as a result of
construction activities shall be repaired to the satisfaction of the Engineer/ECO/EO, using
material similar to that originally used. The cost of the repairs shall be borne by the
Contractor.
5.6 Construction personnel information posters
As required by the Project Specification, the Contractor shall erect and maintain information
posters for the information of his employees depicting actions to be taken to ensure
compliance with aspects of the Specifications. Such posters shall be erected at the eating areas
and any other locations specified by the Engineer/ECO/EO.
5.7 Fire control
No fires may be lit on site. Any fires, which occur, shall be reported to the Engineer/ECO/EO
immediately. Smoking shall not be permitted anywhere on the site other than in a designated
smoking area which has been cleared of all flamable material and where a suitable container
is provided for extinguished cigarettes. The location of the designated smoking area(s) must
be communicated to the ECO. In terms of the National Environmental Management: Air
Quality Act and Community Fire Safety Bylaw, burning is not permitted as a disposal
method.
The Contractor shall appoint a Fire Officer who shall be responsible for ensuring immediate
and appropriate actions in the event of a fire and shall ensure that employees are aware of the
procedure to be followed. The Contractor shall forward the name of the Fire Officer to the
Engineer/ECO/EO for his approval.
The Contractor shall ensure that there is basic fire-fighting equipment available on Site at all
times. This shall include at least rubber beaters when working in urban open spaces and
fynbos areas, and at least one fire extinguisher of the appropriate type when welding or other
“hot” activities are undertaken.
1. The Contractor shall ensure that the basic fire-fighting equipment is to the satisfaction
of the Local Fire Services.
2. The Contractor shall supply all living quarters, site offices, kitchen areas, workshop
areas, materials, stores and any other areas identified by the Engineer/ECO/EO with
tested and approved fire fighting equipment.
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3. Fire and “hot work” shall be restricted to a site approved by the Engineer/ECO/EO.
4. Braai facilities are prohibited.
5.8 Emergency procedures
The Contractor shall submit Method Statements to the Engineer/ECO/EO covering the
procedures for the following emergencies:
i) Fire
The Contractor shall advise the relevant authority of a fire as soon as one starts and shall not
wait until he can no longer control it. The Contractor shall ensure that his employees are
aware of the procedure to be followed in the event of a fire.
ii) Accidental leaks and spillages
The Contractor shall ensure that his employees are aware of the procedure to be followed for
dealing with spills and leaks, which shall include notifying the Engineer/ECO/EO and
telephoning 107 or 021 480 7700 (from a cellphone) and the relevant authorities. The
Contractor shall ensure that the necessary materials and equipment for dealing with spills and
leaks is available on Site at all times. Treatment and remediation of the spill areas shall be
undertaken to the reasonable satisfaction of the Engineer/ECO/EO.
In the event of a hydrocarbon spill, the source of the spillage shall be isolated, and the spillage
contained. The area shall be cordoned off and secured. The Contractor shall ensure that there
is always a supply of absorbent material readily available to absorb/ breakdown and where
possible is designed to encapsulate minor hydrocarbon spillage. The quantity of such
materials shall be able to handle a minimum of 200 l of hydrocarbon liquid spill.
5.9 Safety
Telephone numbers of emergency services, including the local fire fighting service, shall be
posted conspicuously in the Contractor's office near the telephone. In the event of an
emergency, the Contractor shall contact the City of Cape Town’s Emergency Call Centre by
telephoning 107 or 021 480 7700 (from a cellphone).
No unauthorised firearms are permitted on Site.
Extra caution must be exercised when accessing the sites due to the poor condition of the
roads.
5.10
Community relations
The Contractor shall erect and maintain information boards in the position, quantity, design
and dimensions specified in the Project Specification. Such boards shall include contact
details for complaints by members of the public in accordance with details provided by the
Engineer/ECO/EO.
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The Contractor shall keep a "Complaints Register" on Site. The Register shall contain all
contact details of the person who made the complaint, and information regarding the
complaint itself.
The construction camp shall be kept neat and clean at all times.
5.11
Protection of natural features
The Contractor shall not deface, paint, damage or mark any natural features (e.g. rock
formations, trees) situated in or around the Site for survey or other purposes unless agreed
beforehand with the Engineer/ECO/EO. Any features affected by the Contractor in
contravention of this clause shall be restored/ rehabilitated to the satisfaction of the
Engineer/ECO/EO .
The Contractor shall not permit his employees to make use of any natural water sources (e.g.
springs, streams, open water bodies) for the purposes of swimming, personal washing and the
washing of machinery or clothes.
5.12
Protection of flora and fauna
Except to the extent necessary for the carrying out of the Works, flora shall not be removed,
damaged or disturbed nor shall any vegetation be planted.
Trapping, poisoning and/ or shooting of animals is strictly forbidden. No domestic pets or
livestock are permitted on Site.
Where the use of herbicides, pesticides and other poisonous substances has been specified, the
Contractor shall submit a Method Statement.
5.13
Erosion and sedimentation control
The Contractor shall take all reasonable measures to limit erosion and sedimentation due to
the construction activities and shall, in addition, comply with such detailed measures as may
be required by the Project Specification. Where erosion and/or sedimentation, whether on or
off the Site, occurs despite the Contractor complying with the foregoing, rectification shall be
carried out in accordance with details specified by the Engineer/ECO/EO. Where erosion
and/or sedimentation occur due to the fault of the Contractor, rectification shall be carried out
to the reasonable requirements of the Engineer/ECO/EO.
Any runnels or erosion channels developed during the construction period or during the
vegetation establishment period shall be backfilled and compacted, and the areas restored to a
proper condition. Stabilisation of cleared areas to prevent and control erosion shall be actively
managed. The method of stabilisation shall be determined in consultation with the
Engineer/ECO/EO.
5.14
Aesthetics
The Contractor shall take reasonable measures to ensure that construction activities do not
have an unreasonable impact on the aesthetics of the area.
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Recreation
If so required by the Project Specification, the Contractor shall take measures to reduce
disruption to recreational users of the area abutting the Site.
5.16
Temporary site closure
If the Site is closed for a period exceeding one week, the Contractor in consultation with the
Engineer/ECO/EO shall carry out the checklist procedure required by the Project
Specification. In the event of temporary site closure the Contractor’s Safety Officers (as
defined by the Occupational Health and Safety Act) shall check the site, ensure that the
conditions contained in the Detailed Specification.
6.
TOLERANCES
Environmental management is concerned not only with the final results of the Contractor's
operations to carry out the Works but also with the control of how those operations are carried
out. Tolerance with respect to environmental matters applies not only to the finished product
but also to the standard of the day-to-day operations required to complete the Works.
It is thus required that the Contractor shall comply with the environmental requirements on an
ongoing basis and any failure on his part to do so will entitle the Engineer/ECO/EO to certify
the imposition of a fine subject to the details set out in the Project Specification.
Penalities
Penalties will be issued for the transgressions listed below. Penalties may be issued per
incidnet at the discretion of the Engineer. Such penalties will be issued in adition to any
remedial costs incurred as a result of non-compliance with the environmental specifications.
The Engineer will inform the Contractor of the contravention and the amount of the penalty
and will deduct the amount from monies due under the Contract.
Penalties for the activities detailed below will be imposed by the Engineer on the Contractor.
a)
Any employees, vehicles, plant, excavation equipment or item
related to the Contractor’s or sub contractor’s operations operating
within the designated boundaries of a “no-go”area.
b)
Any vehicle driving in excess of designated speed limits.
c)
Persistent and unepaired oil leaks from machinery.
d) Persistent failure to monitor and empty drip trays timeously.
e) Litter on site associated with construction activities.
f)
Deliberate lighting of illegal fires on site.
g)
Employees not making use of the site ablution facilities.
h) Failure to implement specified noise controls
i) Failure to empty waste bins on a regular basis.
j)
Inadequate dust control.
k) A spillage, pollution, fire or any damage to any watercourse resulting
from negligence on the part of the Contractor.
l) Damage to large trees along the access roads to the sites
(Bluegum avenues)
m) Snaring, hunting or deliberate persecution of any fauna on site
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R 1 000
R 3 000
R 1 000
R 1 000
R 8 000
R 2 000
R 1 000
R 2 000
R 4 000
R 20 000
R 2 000
R 1 000
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n)
Any act, that in the reasonable opinion of the Engineer, constitutes a
deliberate contravention of the requirements of these Specifications
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R 5 000
For each subsequent similar offence the penalty shall be doubled in value to a maximum
value of R 50 000.
The Engineer will determine what constitutes a transgression in terms of this clause, subject
to the provisions of Clause 57(1) of the General Conditions of Contract. In the event that
transgressions continue the Contractor’s attention is drawn to the provisions of Sub-clause
55(1) of the General Conditions of Contract 2004 under which the Engineer may cancel the
Contract.
7.
TESTING
Void
8.
MEASUREMENT AND PAYMENT1
8.1 Basic principles
Except as noted below and in PSEM8 / C3.7 Clause 8 as Scheduled Items, no separate
measurement and payment will be made to cover the costs of complying with the provisions
of this specification and such costs shall be deemed to be covered by the rates tendered for the
items in the Schedule of Quantities completed by the Contractor when submitting his tender.
8.2
Scheduled items
8.2.1
The environmental awareness training course
The provision of a venue and attendance at the environmental training course will be
measured as a lump sum.
The sum shall cover all costs incurred by the Contractor in providing the venue and facilities
as detailed in the Project Specification and in ensuring the attendance of all relevant
employees and sub-contractors, at the meeting.
8.2.2
Method Statements: Additional Work
No separate measurement and payment will be made for the provision of Method Statements
but, where the Engineer/ECO/EO requires a change on the basis of his opinion that the
proposal may result in, or carries a greater than warranted risk of damage to the environment
in excess of that warranted by the Specifications, then any additional work required, provided
it could not reasonably have been foreseen by an experienced contractor, shall be valued in
accordance with GCC 90 Clause 40.
A stated sum is provided in the Schedule of Quantities to cover payment for such additional
work.
1
Delete Measurement and Payment if not applicable to Contract Document.
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8.2.3
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Work "required by the Project Specification"
Where a clause in this Specification includes a requirement as "required by the Project
Specification", measurement and payment for compliance with that requirement shall be in
accordance with the relevant measurement and payment clause of the Project Specification.
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PRO FORMA
Employer
Contract No
Contract title
PROTECTION OF THE ENVIRONMENT2
The Contractor will not be given right of access to the Site until this form has been signed
I/ we,...................…………………………………………......{Contractor} record as follows:
1.
I/ we, the undersigned, do hereby declare that I/ we am/ are aware of the increasing
requirement by society that construction activities shall be carried out with due regard
to their impact on the environment.
2.
In view of this requirement of society and a corresponding requirement by the
Employer with regard to this Contract, I/ we will, in addition to complying with the
letter of the terms of the Contract dealing with protection of the environment, also take
into consideration the spirit of such requirements and will, in selecting appropriate
employees, plant, materials and methods of construction, in-so-far as I/ we have the
choice, include in the analysis not only the technical and economic (both financial and
with regard to time) aspects but also the impact on the environment of the options. In
this regard, I/ we recognise and accept the need to abide by the “precautionary
principle” which aims to ensure the protection of the environment by the adoption of
the most environmentally sensitive construction approach in the face of uncertainty
with regard to the environmental implications of construction.
3.
I/we have signed the Declaration of Understanding with respect to the Environmental
Management Programme
4.
I/ we acknowledge and accept the right of the Employer to deduct, should he so wish,
from any amounts due to me/ us, such amounts (hereinafter referred to as fines) as the
Engineer shall certify as being warranted in view of my/ our failure to comply with the
terms of the Contract dealing with protection of the environment, subject to the
following:
The Engineer, in determining the amount of such fine, shall take into account inter
alia, the nature of the offence, the seriousness of its impact on the environment, the
degree of prior compliance/non-compliance, the extent of the Contractor's overall
compliance with environmental protection requirements and, in particular, the extent to
which he considers it necessary to impose a sanction in order to eliminate/reduce future
occurrences
The Engineer shall, with respect to any fine imposed, provide me/ us with a written
statement giving details of the offence, the facts on which the Engineer has based his
assessment and the terms of the Contract (by reference to the specific clause) which
has been contravened.
4.1
4.2
Signed ................................………………………………
CONTRACTOR
Date........................
2
Declaration of Understanding and Protection of the Environment Agreements can be inserted in
Section C1.6 and C1.7 in the Contract Document.
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The following clauses must be added to the Special Conditions of Contract/Contract
Data section of the Tender Document.
Additional clause
6(6)
COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall, within the time stated in the Appendix, deliver to the Employer a
Protection of the Environment form (See Pro Forma: Protection of the Environment bound
in the Tender Documents.)
12(1)
COMMENCEMENT OF WORKS
Add to Sub-Clause 12(1):
"In the event that the Contractor fails to provide a Protection of the Environment form in
terms of Sub-Clause 6(5), the Engineer shall be entitled to delay the order to commence the
Works (and thus the Commencement Date) beyond the 28 days, stipulated in Sub-Clause
12(2), by the period that the Contractor is late in submitting the required form."
45(1)
TIME FOR COMPLETION
Add to Sub-Clause 45(1)
“The Time for Completion of the Works shall be reduced by the amount of delay, if any, in
the issue of the notice requiring the Contractor to commence with the execution of the Works
occasioned by the failure of the Contractor to submit a Protection of the Environment form, in
terms of Sub-Clause 6(5), within the stipulated time.”
Appendix
The following clause must be added to the Appendix section (GCC/ SCC) section of
the Tender Document together with the Pro Forma.
Time within which Protection of the
Environment form to be provided
6(5)
14 days after receipt of Letter of
Acceptance
City of Cape Town: Standard Environmental Specification
Page 27
CITY OF CAPE TOWN: ENVIRONMENTAL MANAGEMENT PROGRAMME
Version 6: 2007
PART C: OPERATION PHASE
This section of the EMP covers monitoring and management actions relevant to the
operation phase of the Integrated Development Areas (IDA) (Wolwerivier and
Atlantis) and Temporary Relocation Area (TRA) (Van Schoorsdrift).
The information is summarised the table below, describing the activity, aspect, impact,
mitigation measures, performance indicators, and resources. These criteria are explained
below:
The following components are identified/ described:
•
•
•
•
•
•
•
•
•
Activity: component/ activity of the project for which the impact has been
identified;
Aspect: the aspect of the above activity which will be impacted;
Impact: the environmental impact identified and to be mitigated;
Mitigation measure:
measures identified for implementation in terms of
environmental management to reduce, rectify or contain the identified
environmental impact –mitigation is divided into the following:
o Objective: desired outcome of mitigation measure,
o Mechanism: method of achieving the objective;
Performance indicators: outcomes that will indicate achievement of
objective(s);
Responsibility: party or parties identified for implementation of mitigation
measure(s);
Resources: available resources to aid implementation of mitigation;
Schedule: timeframe in which identified impact and mitigation measure is
anticipated to occur; and
Verification: party or parties identified as responsible for review and
assessment of final outcome.
City of Cape Town: Standard Environmental Specification
Page 28
Note: In all cases verification would be the responsibility of the City of Cape Town Housing Department, and if required, the DEA&DP.
Frequency of monitoring and management actions will be determined according to need and the specific requirements of each site.
ACTIVITY
ASPECT
IMPACT
MITIGATION MEASURES
(objective and mechanism)
PERFOMANCE
INDICATOR
RESPONSIBILITY
RESOURCES
All
Activities:
Construction and
operation/ma
in-tenance of
the informal
settlements
Environmental
management
documentation
and
procedures.
No framework
within which to
locate the
management of
the operational
and
decommissioning
phases.
Objective: To ensure that the informal settlements
(IDA/TRA) do not bring about avoidable impacts on
the environment, and that any impacts that do occur are
anticipated and managed.
Environmental
impacts effectively
monitored and
managed during the
operational phase with
no residual impacts on
the environment.
City of Cape
Town
Housing
Department
Operational
EMP
Environmental
impacts effectively
monitored and
managed during the
operational phase with
no residual
impacts on the env.
City of Cape
Town
Housing
Dept
Environment
al
Management
Procedure
All
Activities
Monitoring
and
enforcement
of specified
environmental
management
requirements.
Environmental
management
of
the operational
phase
No procedures
against which to
assess
environmental
performance
during the
operational and
decommissioning
phases and thus
no measure of
compliance.
Negative impacts
on
environment
during
operation
Mechanism:
1)
Appoint a suitably qualified Environmental
Professional to monitor compliance (in-house).
2) Audit the compliance with the requirements of the
environmental specification contained within the
OEMP.
Objective: To ensure that the maintenance and
management of the informal settlements are directed at
minimising impacts on the environment, and that any
impacts that do occur are anticipated and managed.
Mechanism:
1) Implement monitoring and maintenance activities as
outlined in the EIA and this EMP table
CITY OF CAPE TOWN: ENVIRONMENTAL MANAGEMENT PROGRAMME
Version 6: 2007
ACTIVITY
ASPECT
IMPACT
MITIGATION MEASURES
(objective and mechanism)
PERFOMANCE
INDICATOR
RESPONSIBILITY
RESOURCES
All
Activities
Protection of
the
surrounding
environment
Effects of the
proposed project
on
terrestrial fauna
(including
avifauna)
and
flora.
Objective: To ensure that impacts on the surrounding
environment are minimised during the operational
phase.
Mechanism:
1. Maintain the fences around the site
2. During normal visits of CCT staff (informal
settlements manager or his staff) to sites, check
whether surrounding areas are being utilised for
any purposes and take any necessary steps to
discourage this.
3. If any traps or snares are found, these must be
confiscated.
4. Hunting with dogs to be prohibited.
5. Number of dogs on site to be controlled to
reasonable numbers
6. Monitor whether there is any damage being done
to trees, particularly along the access roads to the
Wolwerivier and Van Schoorsdrift sites.
7. Awareness raising of community of need to
protect the environment and the risks of fire and
how to prevent them.
Objective: To ensure that impacts on the surrounding
environment are minimised during the operational
phase.
Mechanism:
• Regular checks that all stormwater and greywater
is being channelled into the conservancy tanks and
that the tanks are being emptied with sufficient
frequency.
• On the Atlantis site, regular checks that
waterborne sewerage system is working
effectively and that blockages or other faults are
attended to rapidly.
The surrounding
environment
is
not
impacted
(which
includes
fauna
and
avifauna).
CCT in
house
informal
settlements
management
staff, with
the
assistance of
staff from
the
Environment
al Resource
Management
Department
if necessary.
Environmental
Management
Procedure
All
Activities
Protection of
the
surrounding
environment
from pollution
and erosion.
Effects of
stormwater and
greywater as well
as solid waste on
soils and
groundwater
(pollution).
City of Cape Town: Standard Environmental Specification
OEMP
SPCA
assistance to
be sought if
necessary.
The surrounding
environment is not
impacted by stormwater,
greywater, dysfunctional
sanitation systems, solid
waste or
erosion.
Page 30
City of Cape
Town (CCT)
Departments
i.e. Water &
Sanitation;
Transport,
Roads &
Stormwater;
Solid Waste.
Environmental
Management
Procedure
OEMP
CITY OF CAPE TOWN: ENVIRONMENTAL MANAGEMENT PROGRAMME
Version 6: 2007
Monitoring of situation with regard to the erection
of backyard shacks in relation to management of
stormwater, greywater (for Van Schoorsdrift and
Wolwerivier) and the capacity and functioning of
the Sewerage system (Atlantis)
• On Van Schoorsdrift and Wolwerivier: provision
of sufficient chemical toilets and regular servicing
thereof.
• Initiation and upkeep of an effective and regular
solid waste removal service (provision of bins and
weekly removal of waste).
Objective: To ensure that incidences of accidents are
reduced.
Mechanism:
• Monitor condition of access roads and ensure that
potholes or other signs of deterioration likely to be
dangerous to traffic are rapidly repaired
• Enforce strict speed limits
• Ensure there are good lines of sight at the
entrance/exit points to the sites. This may require
trimming of trees. ERM department Heritage staff
to be consulted prior to any major trimming or
cutting down of trees.
• If necessary, erect additional signage to warn
travellers of entrance/exit points to sites and
increased pedestrian traffic.
• Wolwerivier and Van Schoorsdrift sites only:
Determine whether there is any need to improve
the access onto the N7.
• Maintenance of the 5 m firebreak around the outer
perimeter of the fence.
• Regular removal of the lower branches of the
Bluegum (and other large trees) within the
perimeter of the fence (i.e in the development
area).
•
All
Activities
Safety
•
•
Impacts
associated
with
increased
traffic
and
pedestrian
activity
on
the
roads
accessing the
sites (safety
issues)
Fire
Prevention
City of Cape Town: Standard Environmental Specification
There is no increase in
the incidence of
accidents;
There are no fires.
Electricity supply
remains as planned and
provided.
Page 31
City of Cape
Town
Departments
i.e.
Transport,
Roads
&
Stormwater;
Environment
al Resource
Management
Heritage;
Emergency
Services and
Fire
and
Safety;
Electricity
Department
in
cooperation
with Eskom.
Environmental
Management
Procedure
OEMP
CITY OF CAPE TOWN: ENVIRONMENTAL MANAGEMENT PROGRAMME
•
Version 6: 2007
Checking of status of electricity supply to site and
removal of illegal connections that may pose a fire
or safety threat.
City of Cape Town: Standard Environmental Specification
Page 32
PART D: CLOSURE / DECOMMISSIONING
Both the Atlantis and Wolwerivier sites will be permanent sites that would ultimately
be upgraded. There is no decommissioning associated with these sites.
The Van Schoorsdrift site is proposed to be temporary and the intention is to move the
Vissershok community to another site within a 7 year period. It is not known at this
stage for what purposes the Van Schoorsdrift site would be used after relocation. It is
likely that the fence and any other infrastructure or services installed would remain.
The most likely decommissioning activities would be to shut down and secure the
water supply points, remove all top structures and any other structures erected on site
as well as chemical toilets, empty and close the conservancy tanks and undertake a
general site clean up. If necessary, all infrastructure can be removed. However, a
complete decommissioning scenario is unlikely and it is possible that the site would
be used for other City of Cape Town purposes.