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Scoping
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D. Scoping
Scoping and determining the extent of the factors, which should be covered in project documentation (including the EIA) is regulated by State Construction Regulations of Ukraine - DBN А.2.2-3-97. “Design. Contents, Procedure of Development, Adjustment and Approval of Project Documentation for Construction”.
These construction regulations are obligatory to be observed by government bodies, supervisory bodies, developers (investors), designers, other economic agents in the sphere of construction, irrespective of form of ownership.
Development of project documentation for the construction of industrial projects is carried out taking into consideration state sectoral programmes, approved in accordance with established procedures, schemes and projects of regional planning, industrial estate, and master plans of inhabited localities.
Planning is undertaken in conformity with technical specifications approved by the developer with due regard to the requirements of legal and normative documents.
State construction regulations DBN А.2.2-3-97 lay down instructions as for the list of basic data, sufficient to carry out the design work at various stages of planning: selection of building site, draft (for civil engineering), feasibility study of investments (FS), engineering study, project (P), operating documentation (OD).
An engineering survey is carried out prior to the development of project documentation.
In Ukraine, negotiation and approval of project documentation for industrial engineering requires development of an investment feasibility study or a project feasibility study. Negotiation and approval of project documentation for construction requires operating documentation.
In the sphere of civil engineering, the draft contains fundamental solutions for town-planning, architectural, artistic, environmental requirements, financial estimates and confirms the possibility of the construction of the project in principle.
The investment feasibility study includes information about the location of the project, its productive capacity, impact of the planned activity on the environment, conformity of the solutions to architectural requirements, etc.
The project is developed on the basis of an agreed draft or investment feasibility study. It contains the reasons for choosing the project solutions, but without excessive specification, which is presented at the subsequent stages of planning.
The scope of the EIA section is regulated in details by State Construction Regulations DBN А.2.2-1-95 “Contents of Materials of Environmental Impact Assessment (EIA) for Design and Construction of Enterprises, Buildings and Structures. Basic Regulations of Construction”. At the same time, State Construction Regulations DBN А.2.2-3-97. “Design. Contents, Procedure of Development, Adjustment and Approval of Project Documentation for Construction” also regulate the procedures and contents of an EIA, but in a more general way. They establish requirements for the scope of EIA materials, in particular:
With respect to the protection of atmospheric air against pollution.
It is necessary to provide data about mitigation measures aimed at prevention of air pollution:
Brief characteristics of physiographic and climatic conditions in the area of construction, taking into account local peculiarities; data about actual background concentration of hazardous substances present in atmospheric air;
The list of emission points;
Enumeration of contaminants, quantitative and qualitative characteristics of contaminants, including those, which have a cumulative effect;
Characteristics of possible air venting in the event of an emergency;
The results of calculations of point of impingement concentrations in relation to the emission of contaminants to the atmosphere;
Reasons for choosing the solutions aimed at preventing (abatement of) the formation and emission of contaminants to the atmosphere, as well as, selection of equipment for atmospheric emissions purification;
Information about the cost of objects and works connected with nature-conservation measures;
Arrangements aimed at abatement of noise and vibration;
Assessment of the efficiency of proposed measures directed to the adjustment of air emissions during periods of unfavourable weather conditions, and;
Substantiation of the size of buffer area.
With respect to the protection of water bodies against waste water pollution. The section should include the following:
Basic data and information, issued by competent authorities of local self-government bodies, sanitary-and-epidemiological inspection, water inspectors, etc.;
Measures for water treatment in water supply systems and drainage systems;
Reasons for choosing water supply recycling solutions;
Information about the volume of waste water (should be specified separately for individual works and production units);
Balance of water consumption and drainage for the project as a whole and for the main industrial processes;
Waste water characteristics;
Rationalization of the project solutions aimed at waste water treatment and the utilization of any resulting sludge and sediment;
Proposals for the prevention of waste water discharge in the event of an emergency;
Rationalization of project solutions aimed at prevention of the pollution of water reservoirs used for the fish-farming, and conservation of biodiversity of water bodies, and;
Assessment of the level of efficiency of the proposed measures and installations with regard to the efficient use and protection of water and fish reserves.
With respect to the protection of soils, plants and animals. The section should include information in relation to:
Conservation of land resources;
Protection of flora and fauna;
Protection of soils against pollution with waste, and;
The cost of these measures.
These materials should be developed taking into consideration the requirements of normative documents, which regulate the procedures for preparation and approval of project documentation. It is also necessary to submit:
Reasons for choosing the methods of removal and storage of the fertile layer of soil, its transportation to the place of storage (or temporary preservation), top soiling of the land parcel or application of the fertile layer of soil in the grounds of little use;
Project solutions as for the recovery of the land parcel and putting it in a condition suitable for the proper use, laying of engineering services, communications, drainage system, planning of the land parcel;
Data about the volume of solid waste, list of the measures for waste processing and recycling (in order to get useful products), transportation of waste outside of the object of construction (for the processing, storage, etc.);
Information about the proposed measures for the conservation of mineral reserves, conservation of natural habitat of animals and their migration;
Information about capital outlays for the reclamation of the land parcel, conservation of mineral reserves, protection of flora and fauna, and;
An assessment of the efficiency of the measures specified by project documentation.
These requirements to the EIA section are mandatory both for the developer and the structural designer. Planning organizations must have the appropriate license to have the right to conduct planning.
Prior to the approval of project documentation, the latter is subject to mandatory state complex expert review, including environmental review. The developer is responsible to submit project documentation for consideration, expert review and approval. Construction can be commenced only when the development consent is granted.
Construction projects, which are financed from the State budget of Ukraine, from the budget of Autonomous Republic of Crimea, local budgets, as well as, at the expense of enterprises and organizations of state ownership are approved by:
The Cabinet of Ministers of Ukraine (in the event that the construction budget makes up 30 mln. hrivnias or more);
Central executive power bodies, Verkhovna Rada of Autonomous Republic of Crimea, Kiev and Sevastopol municipal state administrations (in the event that the construction budget is from 10 to 30 mln. hrivnias);
Enterprises and organizations of state ownership (in the event that the construction budget is below 10 mln. hrivnias).
In accordance with the provisions of State Construction Regulations of Ukraine - DBN А.2.2-1-95, the EIA section should include information about the opinion of general public about the development. For this purpose the developer organizes public hearings or public sittings. The opinion of the general public expressed in mass media, written submissions, criticism, proposals and recommendations of NGOs, and by individuals are subject to consideration and generalization.
There is the mandatory requirement that the Environmental Impact Statement (statement about environmental implications of the construction and operation of the planned project) should be announced (published) prior to submission of the project documentation for the state environmental review.
Declaration of intent and a statement about environmental implications are submitted by the developer to local self-government bodies with the purpose of control and responsiveness of public opinion.
As is obvious from the foregoing, the developed project documentation (including EIA materials) is subject to mandatory agreement with local self-government bodies, mandatory state complex expertise and subsequently should be approved by the developer (investor) or executive power bodies.
