EIA POST-EVALUATION"

Transcription

1 Mestrado em Engenharia Civil " Master on Civil Engineering " Impactes Ambientais / Environmental Impacts 5/10" 12 EIA POST-EVALUATION" EIA links to other licensing regimes Prof. Doutora Maria do Rosário Partidário " " 1

2 EIA post-evaluation objectives Assess the response of the environmental system to project effects;" Assure projects environmental surveillance and check the effectiveness of environmental managements measures adopted, and decide on the need for further and more effective measures; " Verify and analyse the effectiveness of the mitigation measures and the environmental management as laid out in the EIS and DIA to avoid, reduce, or compensate the negative impacts and stimulate the positive impacts; " Verify impacts when there was uncertainty;" Verify unexpected impacts; and " SCREENING SCOPING EIS PREPARATION REVIEW DECISION POST-EVALUATION I POST-EVALUATION II Improve knowledge - learn about impacts for certain categories of projects in certain locations."

3 Environmental assessment and planning cycle (Storey, 1995: 310)

4 EIA POST-EVALUATION It is the stage in EIA that more closely follows the logic of Environmental Management Systems Decree-Law n.º 69/2000, of 3 May, modified by Decree-Law nº 197/2005, of 8 November «Post-evaluation» process conducted after DIA is issued, includes monitoring programmes and auditing ( ) DIA - Declaração Impacte Ambiental (Environmental Impacts Declaration)

5 EIA Post-evaluation activities monitoring - programme of systematic observation, measurement and registry actions, which is the proponent responsibility; should be conducted as established in the DIA, or in the EIS. auditing, is the objective and independent verification of conformity of the oberved practice in relation to expected predictions, or quality patterns and procedures, which is the responsibility of the EIA Authority.

6 Monitoring objectives Monitor (measure) the response of the environmental system to the effects of the project; Verify the nature and magnitude of the expected impacts Verify the effectiveness of adopted mitigation and environmental management measures and the fulfilment of conditions laid out in the DIA; Use results of monitoring to quantify mitigation measures.

7 Monitoring Planning monitoring places, including sampling and controlling points, monitoring frequency, monitoring indicators, and parameters, data collection and storage methods per disciplines, data analysis and presentation; and necessary resources and costs.

8 EIA POST-EVALUATION Is not the same but is related to State of the Environment monitoring e.g. INAG Water Quality National network (Rede Nacional de Qualidade da Água)

9 Auditing " Engages verification of a system of registries that result from a monitoring programme. " Performed by designated auditors (In portugal designated by the EIA Authority)." As far as possible is value judgement free.

10 EIA POST-EVALUATION The specific case of Portugal 1. Post-evaluation for verification of conformity of the Execution Project with DIA, when DIA was issued, and the EIS was prepared for the Previous Studies or preproject phase 2. General post-evaluation, that includes monitoring and auditing everywhere in the world

11 EIA POST-EVALUATION The specific case of Portugal 1. Post-evaluation for verification of conformity of the Execution Project with DIA RECAPE - Relatório de Conformidade Ambiental do Projecto de Execução com a DIA Report on the Environmental Conformity of the Execution Project with DIA

12 Screening EIA POST-EVALUATION The specific case of Portugal EIS in Previous Studies or pre-project phase EIS in Execution Project phase Scoping The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again. Review The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again. Review EIS preparation Decision - DIA Decision - DIA The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again. Review RE C AP E Construction Decision - DIA The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open the file again. If the red x still appears, you may have to delete the image and then insert it again. Review of RECAPE The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open Post-evaluation the file again. If the red x still appears, you may have to delete the image and then insert it again. The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open Post-evaluation the file again. If the red x still appears, you may have to delete the image and then insert it again. Decision Construction The image cannot be displayed. Your computer may not have enough memory to open the image, or the image may have been corrupted. Restart your computer, and then open Post-evaluation the file again. If the red x still appears, you may have to delete the image and then insert it again.

13 Monitoring Report Objective: document and present the results of monitoring Timing of the report is established in DIA It should follow the Monitoring Plan esyablished in DIA or RECAPE

14 I Introduction a. Identification and monitoring objectives; b. Scope (environmental factors, spatial and time limits for monitoring); c. Legal framework; d. Struture of monitoring report; e. Technical authorship. II Background Monitoring Report structure a) Reference to EIS, DIA, and Monitoring Plan in RECAPE, previous MR and previous decisions of the EIA authority; b) References to the adoption of measures to prevent or reduce impacts that are being monitored. Timing for the adoption of such measures in relation to monitoring; c) References to possible claims or conflicts concerning the environmental factors that are being monitored.

15 Monitoring Report structure (cont.) III Description of Monitoring Programmes (for each environmental factor) a) Measurements and registry parameters. Sampling places, measurement and registry; b) Data collection methods and equipment; c) Data treatment methods, d) Data relationship with the characteristics of the project and with the environmental context; e) Data evaluation criteria.

16 Monitoring Report structure (cont.) IV Results of Monitoring Programmes (for each environmental factor) a) Results obtained; b) Discussion, interpretation and evaluation of results in face of the criteria defined; c) Effectiveness assessment of the adopted measures to prevent or reduce the impacts that are the object of monitoring; d) Comparison of EIA predictions, including, when aplicable, the validation and calibration of prediction models. V Conclusions VI Annexes

17 Case-study 5th Golf Course in Vilamoura, LUSOTUR GOLFES, S.A (ECOSSISTEMA, lda.,2001) Monitoring Programme 1. Soil 2. Hydrogeology 3. Water resources quality 4. Waste 5. Noise Soil - System soil/grass Salinization - electric conductivity Frequency: 1 / year

18 5º Campo de Golfe de Vilamoura Hydrogeology Ground water quality samples of main cations and anions, nitrogen and phosphorous Places:extraction well south of the golf camp Frequency: 3 / year indicating the exact time Changes in the state of exploration of goundwater - continuous sampling of the level of water (piezometric level) of the aquifer Place and frequency: continuous measurement in extraction wells

19 5º Campo de Golfe de Vilamoura Water resources quality ph; Salinity; Clorets; Total suspended solids; Sulfats; Phosphates; Nitrates; Amonia Places and frequency:» Streams upwards and downwards, minimum every two months» Lakes, every three months"

20 5º Campo de Golfe de Vilamoura Waste" Quantification of produced waste " Auditing" " Noise" Grass cutting activities and traffic noise" Noise levels verify fulfillment of noise power limits established by law" " Frequency: every year throughout three years" "Places: Close to sensitive receptors"

21 EIA and environmental legsilation (specific regimes) Refer to the licensing and approval of projects legislation In general specific regimes (such as IPPC or environmental liability) result from the transposition of the respective european directives that are crossrelated but seldom articulated

22 RELAI and EIA/IPPC/PCHA In Portugal de articulation of EIA with the following regimes IPPC (Integrated Prevention Pollution Control - PCIP: Prevenção e Controlo Integrados de Poluição- DL194/2000 of 21 August) HAPC (Hazardeous Accidents Prevention and Control) PAG: Prevenção e Controlo de Acidentes Graves- DL164/2001) Is undertaken in the context of the RELAI (licensing of industrial activity (DL69/2003 e DR8/2003)

23 EIA and IPPC: differences and similarities EIA Directive indicates the possibility of a single procedure for EIA and IPPC Despite scales and distinct perspectives That possibility was not considered in the national EIA and IPPC regimes Despite similarities between EIA Annex II and the univers of industrial activities in IPPC RELAI enables simultaneous procedures But deadlines are not coincident and it is usual to adminsitrative procedures (CPA) to enable standing IPPC processes Post-evaluation can be redundant for IPPC projects

24 Environmental liability ( Directive 2004/35/EC of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (ELD) Establishes a framework based on the "polluter pays" principle, according to which the polluter pays when environmental damage occurs. The ELD deals with the "pure ecological damage", it is based on the powers and duties of public authorities ("administrative approach"), distinct from a civil liability system which is more appropriate for "traditional damage" (damage to property, economic loss, personal injury).

25 Environmental liability ( The transposition of ELD was completed by the last Member State by July The ELD is already having an impact, with some 50 cases occurred up to now in Europe. Environmental damage is defined as damage to protected species and habitats (nature), damage to water and damage to soil. The liable party is the natural or legal person who carries out an occupational activity.

26 Environmental liability ( Operators have to take the necessary preventive action in case of immediate threat of environmental damage. They are equally under the obligation to remedy the environmental damage once it has occurred ("polluter pays"). When they fail to do so or are not identifiable, the competent authority may step in and carry out the necessary preventive or remedial measures. Remediation has to consist basically in the restoration of the damaged natural resources (nature, water, soil) either in kind towards "baseline condition" or by recreation of similar resources if return to baseline condition is not possible any more.

27 Environmental liability In Portugal Decree-Law n.º 147/2008, 29 July transposes the Environmental Liability Directive (Diploma da Responsabilidade Ambiental) ResponsabilidadeAmbiental/Paginas/default.aspx