Environmental and Social Management Framework for the Costa Rica Telecommunications Sector Modernization Project

Step 5: Monitoring and evaluation

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6.7Step 5: Monitoring and evaluation

SETENA personnel will undertake regular environmental monitoring to ensure that the project proponent is addressing all activities as identified to have potentially significant environmental and social impacts during normal operations and upset conditions in the environment instruments.
In particular, as part of the Monitoring Control and Adjustment System, the supervisor assigned by SETENA shall:

Ensure that environmental monitoring activities undertaken by the project proponents are based on direct or indirect indicators of emissions, effluents, and resource use applicable to the particular project, as stated in the EMPs of the subprojects.
Ensure that construction workers have received Environment and Health and Safety (EHS) training; are part of the monitoring and control system and report infringements to the management plan to their supervisor;
Ensure that access to tower sites for monitoring of bird mortality and related biodiversity issues is permitted and that monitoring is undertaken;
Be in charge of approving environmental forms, as necessary, (i.e. waste management; erosion and reforestation; etc.); and
Decide when specific adjustments shall be applied and evaluate alternatives and costs.

SETENA’s monitoring will comprise the following:

A review of the environmental reports

These are submitted yearly by the project proponents. Should SETENA deem it necessary, it may submit a copy of the environmental report to the regional offices of MINAET and to the Municipality of the Canton, to coordinate the control and follow-up processes. The purpose of these reports is to provide:

A record of subproject environmental and social activities, to demonstrate that all issues with potentially significant environmental and social impacts during normal operations and upset conditions are being addressed through appropriate mitigation measures as stated in the EMP; and
A record of direct or indirect indicators that can be used for identifying areas of improvement in environmental and social performance from year-to-year, applicable to subproject.

Environmental Inspections to determine compliance

SETENA personnel or environmental officers within the Municipalities may carry out field inspections to subproject areas to audit the subprojects, as deemed necessary. During these inspections, the audit officer will audit the compliance of the environmental commitments from the EMP, the Good Environmental Practices Code, the environmental contract clauses and other environmental instruments. SETENA may also deem necessary to conduct brief consultation with beneficiaries and affected communities to assess impacts of the subproject.

Environmental Audits (for Category A projects only)

Those subprojects classified as category A are subject to an environmental audit process. The objective of the audit is to (1) audit and supervise compliance of the environmental commitments established upon granting the environmental permit and in Good Environmental Practices Codes; and (2) verify that the control and follow-up procedure of SETENA is carried out. The audit may be executed by professionals of State entities, as well as accredited external environmental consultants.

SETENA will establish the frequency of the audits for category A subprojects and cannot be less than one year. SETENA will determine the frequency of the regular monitoring, in accordance with the terms of the environmental instruments. SETENA will keep record of the monitoring of subprojects (see Annex 12 Content of an Environmental Monitoring Report).
If SETENA acknowledges the need for training and/or capacity building for the assigned monitoring staff, such provision will be incorporated within the FONATEL.

7Action plan for implementation of the reference Framework and urgent regulatory measures

7.1Contents

This section describes the action plan for the implementation of the Reference Framework described in Section 6, Reference Framework for the Environmental Management of Telecommunication Projects. The action plan presents the main elements for implementation, including: tasks; organizations responsible for execution; time frame; and estimated level of effort (see Table 7.1).
In addition, three urgent measures have been identified for the implementation of the project, and are described in below:

Guidelines for the development of regulations for environmental protection measures, preservation of natural habitats; and physical cultural resources in telecommunication infrastructure projects;
Guidelines for the development of regulations for sharing of telecommunication infrastructure; and
Development of an Environmental and Social Assessment Manual for FONATEL Projects (see Annex 9 Environmental and Social Assessment Manual for Subprojects Funded by FONATEL).

7.2Action Plan for the Implementation of the Reference Framework

The following action plan has been designed as guidance for the project implementing agency (MINAET) to implement the reference framework to all subprojects presented for FONATEL financing in Costa Rica. Table 7.1 summarizes the elements that will be considered in the action plan. This action plan will be streamlined and adjusted to comply with applicable new regulations that the Government of Costa Rica plans to promulgate for the telecommunication industry regarding environmental aspects and issues.
The process by which the project implementing agency (MINAET) through its designated environmental agency (SETENA) performs the screening, review, appraisal, implementation and monitoring process of the environmental and social issues is described in Section 6.
The process, by which the project proponent develops the environmental and social assessment for submission of subprojects before FONATEL, is described in Annex 9.

7.2.1Capacity building and technical assistance requirements

SETENA is likely to be given new responsibilities under the new Costa Rican Telecommunications Law. The implementation of the new law and the responsibilities assigned to SETENA under the FONATEL project will require building capacity at SETENA, including increasing the number of staff and conducting training of new and existing staff, as well as training other agencies which may be involved in the process.
The capacity building should aim to strengthen the following functions at SETENA:

reviewing project applications;
approving subprojects; and
monitoring subprojects.

In addition, the functions of other agencies, such as SINAC, DGAC, Municipalities, etc should be evaluated and specific training designed and delivered as required.

Also, as part of best practice, and in order to comply with international standards for OHS, contractors and supervisory consultants should be provided with awareness raising training and environmental and OHS training on site. The training should focus on both the construction and operational phases of the Project.
A proposed format for a 5 -day training is provided below.
Table 6.1. Awareness raising and training for civil work contractors and supervision consultants

Topic	Input
Awareness raising	1 day
Environmental impacts and the importance of effective mitigation	0.5 day
Practice mitigation measures and environmentally sound construction techniques	0.5 day
Compliance with international environmental, social and OHS standards for the telecommunication sector	0.5 day
Compliance with Costa Rican regulations and World Bank requirements	0.5 day
Technical training	1 day
Reference Framework and Action Plan	0.5 day
Supervision of the implementation of environmental instruments (EsIA, P-PGA, DJCA), contract clauses, protocols and others.	0.5 day
Supervision and assessment of monitoring based on the environmental instruments requirements.	0.5 day
Preparation and verification of budgets	0.5 day
Total	2 days

Table 6.2 Action Plan for implementation of the framework

Task	Responsibility	Time Frame	Estimated efforts
Project appraisal and launch
Training and building capacity of government staff, especially SETENA, in environmental and social capabilities to implement the screening, appraisal, review, approval and follow-up of projects under FONATEL.	MINAET	Immediate	M
Preparation and issuance of regulatory measures for Telecommunications; including: environmental protection regulations; construction works; sharing of infrastructure.	MINAET (and designated agencies)	Immediate	H
Prepare the site selection criteria and screening for siting of new projects.	MINAET (in coordination with SETENA, SINAC, DGAC or other relevant agencies). Environmental specialists might be contracted.	Before project launch	M
Development and approval of site selection (VAR Form and field appraisal when required)	Developed by project proponent Approved by SETENA	Before project launch	L
Pre-classification of project category (through Forms D1 or D2).	Project proponent.	Before project launch	L
Evaluation of project forms (D1 or D2) and assignation of project category (A, B1, B2, or C).	SETENA	Before project launch	M
Undertake preparation of project environmental instrument based on its category (ESIA; P-PGA; or DJCA, including mitigation measures and costs)	Project proponent (may include an environmental specialist)	Before project launch	H/M
Review, approval and disclosure process of environmental instruments for proposed projects, based on the environmental instruments presented.	SETENA (in coordination with other relevant agencies, i.e. local governments)	Before project launch	H/M
Public consultation and disclosure, when applicable.	Project proponent, Municipality and SETENA	Before project launch	M
Construction permits for telecommunication infrastructure	Municipality	Before project launch	L
Develop environmental clauses in contract agreements	Project proponent and contractors	Before project launch	M
Implementation of project
Training of project staff, local government officers (SETENA, Municipality officers) in the implementation of environmental management	MINAET (and environmental specialists)	Before project implementation	M
Sign and formalize environmental commitments and pay guarantee.	Project proponent (before Municipalities and SETENA)	Before project implementation	L
Implement environmental commitments and measures approved in the environmental instrument (EsIA, P-PGA, DJCA); telecommunications protocol; and other commitments as established by the authority.	Project proponent	During project implementation	H
Supervise implementation of commitments by contractors.	Project proponent	During project implementation	H
Awareness raising, training and capacity building for proponent’s staff and contractors	Executing company (with environmental specialist)	During project implementation	M
Supervision of project implementation in compliance with established environmental commitments; including: inspections, audits, recommendations for corrective actions and sanctions.	SETENA (or other designated agency)	During project implementation	M
Public consultation and disclosure of project performance, when applicable.	Project proponent, Municipality and SETENA	During project implementation	M
Environmental Monitoring and Supervision
Regular monitoring as established in the environmental instrument (EsIA, P-PGA, DJCA); and other applicable commitments. Implementation of corrective actions when needed.	Project proponent	During project implementation and operation	M
Supervision of project monitoring and approval of regular monitoring reports. Request for corrective actions, when needed.	SETENA and Municipality (or assigned agency or individual)	During project implementation and operation	M
Train and build capacity of SETENA personnel in environmental monitoring	MINAE	During project implementation and operation	M
Public consultation and disclosure.	Project proponent, Municipality and SETENA	During project implementation and operation	M
Develop a control and adjustment plan	MINAET	During project implementation and operation	M

Note: Level of efforts: L: Low; M: Medium; H: High

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