Environmental Permit No. EP-157/2003

環境許可證編號:EP-157/2003

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

環境影響評估條例

(第499章)

第10條

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

PART A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the DRAINAGE SERVICES DEPARTMENT (hereinafter referred to as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:

根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予渠務署(下稱”許可證持有人”)，以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：

Application No. 申請書編號		AEP-157/2003
Document in the Register : 登記冊上的文件:		1. Outlying Islands Sewerage Stage 1 Phase 1, Ngong Ping Sewage Treatment Works and Sewerage, Design and Construction Consultancy Assignment - Final Environmental Impact Assessment Report (Volume I) - Final Environmental Impact Assessment Report (Volume II) - Executive Summary - Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-065/2002) 離島污水收集整體計劃第一階段第一期昂坪污水處理廠和污水收集調查、設建造 ―最終環境影響評估報告（第一冊） ―最終環境影響評估報告（第二冊） ―行政摘要 ―環境監察及審核手冊下稱“環評報告”（登記冊編號AEIAR-065/2002）
Document in the Register : 登記冊上的文件:		2. The Director’s letter of approval of the EIA Report dated 12 November 2002 referenced Ax(8) to EP2/N9/F/50 環境保護署署長於二○○二年十一月十二日發出批準環評報告的信件檔案編號Ax(8) to EP 2/N9/F/50 3. Project Profile – “Ngong Ping Sewage Treatment Works and Sewerage – Effluent Export Pipeline from Ngong Ping Sewage Treatment Plant to Tung Wan” (Register No.: PP-183/2002) 工程項目簡介― “昂坪污水處理廠及污水收集系統―昂坪污水處理廠至東灣的排水管道” （登記冊編號：PP-183/2002） 4. The Director’s letter of permission to apply directly for environmental permit dated 30 January 2003 referenced Ax(8) to EP2/N9/F/50 環境保護署署長於二○○三年一月三十日發出準許直接申請環境許可證的信件檔案編號Ax(8) to EP 2/N9/F/50 5. Application for Environmental Permit dated 4 February 2003 (Application No.: AEP-157/2003) 許可證持有人於二○○三年二月四日提交的許可証申請文件（申請為編號：AEP-157/2003）
	March 2003
	Date 日期		(Elvis W. K. AU) Assistant Director (Environmental Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音) 區偉光代行)

PART B (DESCRIPTION OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):

下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:

Title of Designated Project

指定工程項目的名稱

Ngong Ping Sewage Treatment Works and Sewerage

(This designated project is hereafter referred to as “the Project”)

昂坪污水處理廠及污水收集系統(本指定工程項目下稱“工程項目”)

Nature of Designated Project

指定工程項目的性質

To construct and operate sewage infrastructures which include sewers falling within country park and conservation area for servicing the Ngong Ping area on the Lantau Island.

建造及營辦污水處理基本設施以為大嶼山整個昂坪區提供服務，設施包括在位於郊野公園和自然保育區內的污水管道

Location of Designated Project

指定工程項目的地點

Ngong Ping and the carriageways of Ngong Ping Road, Sham Wat Road, Keung Shan Road and Shek Pik Reservoir Road on Lantau Island.

昂坪和昂坪路、深屈道、姜山道及石壁水塘道的行車路

The location of the Project is shown in Figure 1 of this Permit.

工程項目的地點展示於本許可證圖1內

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project mainly consists of the following sewage infrastructures:

工程項目主要包括以下污水處理基本設施：

- A tertiary sewage treatment plant located at Ngong Ping (hereafter referred to as “NPSTP”)

位於昂坪的污水三級處理廠(下稱“昂坪污水廠”)

- An effluent export pipeline of about 5.5km, conveying treated effluent from the NPSTP to Tung Wan for discharge; and

約5.5公里長的排水管道，把已處理的水由昂坪污水廠排放至東灣，和

- A sewage collection network serving the existing and planned unsewered premises in Ngong Ping.

污水收集系統，以服務在昂坪尚未敷設污水管道的現有和計劃地方

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and may become the subject of appropriate action being taken under the Ordinance.

1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance (Cap.208). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation or imply any approval under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit and the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorized officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction and operation of the Project and shall mean the same hereafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project site(s) at all vehicular site entrances/exits or at a convenient location for public’s information at all times. The Permit Holder shall ensure that the most updated information about the Permit, including any amended Permit, is displayed at such locations. If the Permit Holder surrenders a part or the whole of the Permit, the notice he sends to the Director shall also be displayed at the same locations as the original Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site(s).

1.6 The Permit Holder shall construct the Project in accordance with the project description in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-065/2002), the Project Profile (Register No. PP-183/2002), and other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under on-going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

1.8 All deposited submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director within one month of the receipt of the Director’s comments or otherwise specified by the Director.

1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below before submitting to the Director under this Permit.

1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized submissions required under this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.

1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month prior to the commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation or other works as agreed by the Director.

2. Submissions or Measures before Commencement of Certain Parts of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1 An ET shall be established by the Permit Holder no later than one month before commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project. The ET shall be headed by an ET Leader. The ET leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-065/2002), the Project Profile (Register No. PP-183/2002) or this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-065/2002), the Project Profile (Register No. PP-183/2002) and this Permit or by the Director or his authorized officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

2.2 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-065/2002), the Project Profile (Register No. PP-183/2002) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.

Updating of Environmental Monitoring and Audit (EM&A) Manual

2.3 The Permit Holder shall, no later than one month before the commencement of the Project, submit to the Director for approval four hard copies and one electronic copy of an updated EM&A Manual for the Project. The updated EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-065/2002) and the Project Profile (Register No. PP-183/2002). The updated EM&A Manual shall include the updated environmental monitoring and audit requirements associated with the effluent export pipeline from NPSTP to Tung Wan for discharge, the monitoring requirements to detect any leakage to safeguard the water quality of Shek Pik Reservoir and its catchment.

3. Submissions or Measures during the Construction of Certain Parts of the Project

Management Organisation of Main Construction Companies

3.1 The Permit Holder shall, within one month after commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Submission of Project Layout Plans and Schematic Drawings

3.2 The Permit Holder shall, no later than one month after the commencement of construction of the Ngong Ping Sewage Treatment Plant (NPSTP), deposit with the Director 3 sets of layout plan(s) and the schematic drawing(s) showing the detailed design and layout of the NPSTP including all underground components, the treatment processes in the NPSTP and the deodourisation system in the NPSTP. Before submission to the Director, the plan(s) and drawing(s) shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-065/2002) to mitigate environmental impacts of water quality, odour and visual.

Measures to Mitigate Water Quality Impact during Construction

3.3 To safeguard water quality of the Shek Pik Reservoir and the Water Gathering Grounds as shown in Figure 2 of this Permit and to mitigate environmental impacts on the Lantau North Country Park and the Lantau South Country Park due to site runoff and other potential water pollution caused by construction activities, all mitigation measures described in Appendix A shall be implemented throughout the construction period.

3.4 To prevent chemicals from reaching the receiving waters, chemical storage areas within the Project site shall be sheltered from rainwater and located outside the Water Gathering Grounds unless otherwise agreed by the Director. Use of chemicals including disinfectants and deodourants within the Water Gathering Grounds shall not be allowed unless otherwise agreed by the Director.

3.5 No site canteen or maintenance workshop shall be erected within the Water Gathering Grounds.

3.6 An emergency plan detailing the emergency response procedures to deal with accidental chemical leakage and spillage during construction shall be developed and implemented when such instance or circumstance occurs. The emergency plan shall include procedures for spill prevention and precaution, and detailed action plan listing out the responsibilities and actions of all related personnel. The Permit Holder shall deposit the emergency plan with the Director no later than one month before the commencement of the construction of the Project.

Measures to Mitigate Ecological Impacts

3.7 The Project shall be constructed at the location shown in Figure 1 of this Permit. The parts of the effluent export pipeline which fall within the Lantau North Country Park or the Lantau South Country Park shall be laid underneath the existing carriageways. The Permit Holder shall no later than one month after the completion of construction of the Project, deposit with the Director 3 sets of as-built drawings showing the Project’s location. Before submission to the Director, the drawings shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-065/2002) and the Project Profile (Register No. PP-183/2002) to avoid and minimise ecological impacts.

3.8 To protect the stream lying across the northern boundary of the Ngong Ping Site of Special Scientific Interest (as shown in Figure 3 of this Permit and is a major breeding site of the Romer’s Tree Frog), no construction of any part of the new sewage collection network as shown in Figure 4 shall be carried out any time between March to September inclusive.

3.9 All temporary works area within the Lantau North Country Park or the Lantau South Country Park shall be reinstated to the original profile upon completion of works.

Measures to Mitigate Visual Impact and Submissions of the Landscape Plan

3.10 At least one month before commencement of the landscape works, the Permit Holder shall deposit with the Director 3 sets of the landscape plan prepared for the Project. The landscape plan shall include the locations, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures. The measures shall include putting certain components of the NPSTP under ground, providing screening plants at the NPSTP site, hydroseeding the top of underground structures and architecturally and chromatically treating the elevated structures of NPSTP. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in Section 7.12 of the approved EIA Report (Register No. AEIAR-065/2002).

Submission of the Waste Management Plan (WMP)

3.11 The Permit Holder shall, no later than one month after the commencement of construction of the Project, deposit with the Director three hard copies and one electronic copy of a Waste Management Plan (WMP) for the construction stage of the Project. The WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-065/2002). The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in Section 6.5 of the approved EIA Report (Register No. AEIAR-065/2002). The WMP shall indicate the disposal location(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included in the WMP. Surplus excavated spoil and other wastes shall only be disposed of at designated disposal locations unless otherwise approved by the Director. No waste, spoil, excavated materials or materials alike arising from the Project shall be dumped inside the Lantau North Country Park, the Lantau South Country Park or the Water Gathering Grounds as shown in Figure 2 of this Permit. All measures recommended in the WMP shall be fully and properly implemented by the Permit Holder and any person working on the project throughout the construction period.

4. Submissions or Measures for the Operation of the Project

Measures to Safeguard Water Quality of Shek Pik Reservoir and Mitigate Water Quality Impact during Operation

4.1 Influent to the NPSTP shall be treated by biological and tertiary processes and shall be disinfected.

4.2 An emergency storage tank with minimum volume of 7,600 m³ shall be provided at the NPSTP to store influent or effluent to avoid the need for emergency discharge.

4.3 Sealed pipework system including the use of ductile iron pipe and the provision of sealed pipe joints with hatchboxes along the effluent export pipeline shall be used unless otherwise approved by the Director.

4.4 To safeguard water quality of the Shek Pik Reservoir due to effluent leakage, a leakage containment system along the parts of the effluent export pipeline falling within the Lower Direct Water Gathering Ground as shown in Figure 2 of this Permit shall be installed. For the parts of the effluent export pipeline falling within 100m from the boundary of the Shek Pik Reservoir, the capacity of the leakage collection system shall be at least 100% of the flow. Design details of the leakage containment system shall be deposited with the Director one month before the commencement of construction of the effluent export pipeline. Before submission to the Director, the design shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in the Project Profile (Register No. PP-183/2002).

4.5 To provide early detection of any major leakage, flow monitoring systems shall be installed at the NPSTP and near the Shek Pik Prison at Tung Wan. A series of boreholes shall be installed around the NPSTP and along the effluent export pipeline to monitor the quality of the ground water in accordance with the procedures and requirements in the updated EM&A Manual approved under Condition 2.3 of this Permit.

4.6 An online monitoring system to automatically gauge and regulate the flow of the effluent export pipeline shall be installed to minimise the environmental impacts in case of the occurrence of leakage.

4.7 The Permit Holder shall formulate a comprehensive contingency plan to handle the breakdown of NPSTP and the leakage of effluent export pipeline. The contingency plan shall at least detail the remedial actions and the emergency response planning and procedures. The Permit Holder shall, at least two month before operation of the Project, deposit with the Director 5 sets of the contingency plan.

Measures to Mitigate Odour Impacts during Operation

4.8 To mitigate the odour impact of the NPSTP, a centralised deodourisation unit for cleaning the exhaust gas before discharge into open air shall be installed. The deodourisation unit shall have odour removal efficiency of 99.5% or above. The exit height and velocity of the exhaust gas into open air shall not be less than 5 meters above ground and 10 meters per second respectively. A backup deodourisation unit shall be installed to provide buffer for maintenance or breakdown of the main deodourisation unit.

5. Environmental Monitoring and Audit (EM&A) for the Construction and Operation of the Project

5.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the updated EM&A Manual approved under Condition 2.3 of this Permit. Any changes to the EM&A programme shall be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall seek the prior approval from the Director before their implementation.

5.2 Upon commencement of operation of the NPSTP and to test the effectiveness of the deodourisation unit and the sewage treatment process of the NPSTP, the Permit Holder shall carry out odour monitoring and effluent water quality monitoring in accordance with the procedures and requirements in the updated EM&A Manual approved under Condition 2.3 of this Permit.

5.3 The Permit Holder shall submit two hard copies and one electronic copy of the Baseline Monitoring Report to the Director at least 2 weeks before commencement of construction of the Project. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

5.4 The Permit Holder shall submit two hard copies and one electronic copy of the monthly EM&A Report to the Director within 2 weeks after the end of the reporting month. The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

5.5 The actions described in the Event/Action Plans of the EM&A Manual shall be fully and properly carried out in accordance with the time frame as set out in the Event/Action Plans, or as agreed by the Director.

5.6 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

5.7 To ensure a high degree of transparency regarding the monitoring data and results in view of the public concern about the Project, all environmental monitoring and audit data and results and all submissions and all performance test data and results required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 6.2 below, in the shortest possible time and in no event later than 2 weeks after such information is available.

5.8 Records of measurements and remedial actions taken under Condition 5.4 of this Permit shall be logged and kept within 3 working days of the collection of data or completion of remedial action, shall be included in the EM&A Reports and shall be available for inspection on site or as requested by the Director.

6. Electronic Reporting of EM&A Information

6.1 To facilitate public inspection of the EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 5.3 and 5.4 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

6.2 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within six weeks after the commencement of the Project. All environmental monitoring results described in Condition 6.1 above and all submissions and all performance test data and results required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

6.3 The internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report and the environmental permit(s) and project profile of the Project. The internet website shall have features capable of : -

(a) providing access to all environmental monitoring data collected since the commencement of work and all submissions under this permit;

(b) searching by date;

(d) hyperlinks to relevant monitoring data after searching;

or otherwise as agreed by the Director.

Notes :

1. This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project) and Part C (Permit Conditions). Any person relying on this permit should obtain independent legal advice on the legal implications under the Ordinance, and the following notes are for general information only.

2. If there is a breach of any conditions of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.

3. The Permit Holder may apply under Section 13 of the Environmental Impact Assessment Ordinance (the “Ordinance”) to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the Project site by the amended permit.

4. A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.

6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26 (1) of the Ordinance to construct or operate a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.

7. Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable:

(i) on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;

(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $10,000 for each day on which he is satisfied the offence continued.

8. The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.

9. The Notes are for general reference only and that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

Environmental Permit No. EP-157/2003

環境許可證編號EP-157/2003

Appendix A (as referred to in Condition 3.3)

Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction

(a) Surface Runoff

(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.

(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.

(iii) Silt removal facilities, channels and manholes shall be maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning at all times.

(b) General Construction Activities

(iv) No materials which may cause contamination to the Water Gathering Grounds shall be stored within the Water Gathering Grounds. On-site storage of construction materials (e.g. aggregates and sand) shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.

(v) At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials shall not be stored within the Water Gathering Grounds and shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material can be minimised by scheduling the construction programme in a way that one section of the alignment can be constructed and completed before the excavation works of the next section commence.

(vi) Soil excavation shall be minimized in rainy seasons. All excavated or filled surfaces shall be protected from erosion.

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