Environmental Permit No. EP-314/2008
環境許可證編號 EP-314/2008
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance
(the EIAO), the Director of Environmental Protection (the Director) grants this
Environmental Permit to 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。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：
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Application No. 申請書編號：
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AEP-314/2008
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Document in the Register: 登記冊上的文件：
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(1) Comprehensive
Feasibility Study for the Revised Scheme of South 東南九龍發展修訂計劃的整體可行性研究– 環境影響評估報告、環評行政摘要及環境監察及審核計劃 (登記冊編號：AEIAR-044/2001) [下稱 「環評報告」]
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(2) The Director’s letter of approval of the EIA report dated 25.9.2001 in (46) in EP2/K19/S3/10 Ax(1) Part 3 署長於2001年9月25日發出該環評報告的批准信，檔案編號 (46) in EP2/K19/S3/10 Ax(I) Part 3
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(3) Project Profile
– “Sewage Interception Scheme in 工程項目簡介–九龍城污水分流計劃-污水泵房 (登記冊編號：PP-364/2008)
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(4) Application documents including all attachments submitted by the Permit Holder on 11.9.2008 (Application No. AEP-314/2008) 申請文件包括許可證持有人於2008年9月11日提交的所有附件 (申請書編號 AEP-314/2008) [下稱 「申請書」] |
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Director’s Permission to Apply Directly for Environmental Permit 署 長 准許直接申請環境許可證
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Letter Reference : (15) in EP2/K10/F/04 信件檔號 : (15) in EP2/K10/F/04
Date : 日期 : 2008年9月4日 |
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Date 日期 |
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(Victor YEUNG) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (處理首席環境保護主任楊維德代 行) |
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PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the description of the designated projects 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:
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Title of Designated Projects 指定工程項目的名稱
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Sewage Interception Scheme in Kowloon City Sewage Pumping Stations [this is referred hereafter as “the Project”]
九龍城污水分流計劃-污水泵房 [本指定工程項目下稱「工程項目」]
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Nature of
Designated Projects
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Sewage pumping stations which installed capacity are more than 2000 m3 per day and a boundary of which is less than 150m from an existing or planned residential area 裝置的泵水能力超過每天2,000立方米，且界線與現有或計劃中的住宅區相距少於150米的污水泵水站。
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Location of Designated Project 指定工程項目的地點 |
The sewage pumping stations are located
at the north apron of the disused 污水泵水站位於已停用啟德機場北面停機坪之上。圖1顯示工程的位置。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍
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Construction and operation of 2 sewage pumping stations with peak capacity of about 140,000 m3 per day and 152,000 m3 per day, respectively. 建造及營辦兩座峰流量約為每天140,000立方米及152,000立方米的污水泵水站。
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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 (EIA)
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) and Waste Disposal Ordinance (Cap.354). This Permit does
not of itself (a) constitute any ground of defence against any proceedings
instituted under any legislation or (b) 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 or 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 EIA Ordinance
Register Office.
1.4
The Permit Holder shall give a copy of this Permit to the person(s) in
charge of the Project 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 / or 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 construction site(s) at all vehicular site entrances/exits or at a
convenient location for public 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 construction
site(s).
1.6
The Permit Holder shall construct and operate the Project as described
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 Project Profile (Register No. PP-364/2008); the EIA Report (Register no.
AEIAR-044/2001); other relevant documents in the Register; and the information
or mitigation measures described in this Permit, or 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; or
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 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, and 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.
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 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 the construction of the Project no later than one month prior to the
commencement of the 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 before Commencement of the Construction of the Project
2.1
The Permit Holder shall, at least two months before the commencement of
construction of the Project, submit an updated construction noise impact
assessment and operational noise impact assessment for the Director’s approval.
2.2
The Permit Holder shall, at least two months before the commencement of
construction of each of the sewage pumping stations covered under this Project,
submit a set of landscape plan(s) for the Director’s approval. The
landscape plan(s) shall include landscape layouts of scale 1 to 200, typical
sections, building elevations, details of architectural aspects of the sewage
pumping stations (including colour scheme, types of external finishes of the
buildings and/or structures) and detailed landscape treatment. If there are
existing trees within the site boundary, a tree survey schedule and tree survey
plan shall be provided. Should there are trees proposed to be felled or
transplanted, a tree felling/transplant plan shall be submitted. The
Permit Holder shall seek prior agreement from the Director before submission if
the landscape layouts are of scale other than 1 to 200.
2.3
The Permit Holder shall conduct an archaeological investigation to
assess the archaeological potential of the sites for sewage pumping stations,
and submit the investigation report to the Director for approval at least two
months before the commencement of the construction of each of the sewage
pumping station under this Project. If the sites are proved to be of
archaeological significance, appropriate mitigation measures shall also be
proposed in the investigation report. The Permit Holder shall engage a
qualified archaeologist to carry out the archaeological investigation and
oversee the implementation of the mitigation measures (if necessary) to ensure
they are carried out to the satisfaction of the Director, prior to the
commencement of any construction works.
2.4
The Permit Holder shall deposit, at least two months before construction
of each of the sewage pumping stations covered under this Project, relevant
final design drawings included in tender documents for the sewage pumping
stations to show the location of the emergency overflows, where the
environmental mitigation measures have been incorporated as proposed in the
Project Profile and summarized in the following appendices:-
(a) measures to
mitigate potential operational water quality impacts (Appendix A);
(b) measures to
mitigate potential operational noise impacts (Appendix B); and
(c) measures to
mitigate potential operational odour impacts (Appendix C);
and to show the mitigation measures that have been incorporated as proposed in
the operational noise impact assessment approved under Condition
2.1.
3. Measures during Project Implementation
3.1
The Permit Holder shall, within 4 weeks after the 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.
3.2 The Permit Holder shall ensure that each of the sewage pumping station covered under the Project is constructed in accordance with the landscape plans approved under Condition 2.2 and the design drawings as deposited under Condition 2.4.
3.3 The Permit Holder shall carry out all packing operations for sewage screenings within the sewage pumping station structure.
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,
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, 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 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 a designated project listed in Schedule 2 of the
Ordinance without a valid environmental permit.
7.
Any person who constructs 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.
Appendix A (as referred to in Condition 2.4(a))
Measures to Mitigate Potential Operational Water Quality Impacts
(a) the emergency overflows of the sewage pumping stations covered under the Project shall not be located within the Kwun Tong Typhoon Shelter, any embayment areas, or within 150m from any existing or proposed seawater intakes point(s);
(b) the incorporation of standby pumps and screens for each sewage pumping station covered under the Project;
(c) the incorporation of back-up power supply for each sewage pumping station covered under the Project;
(d) the incorporation of telemetric system for sewage pumping station(s) covered under the Project which is/are not manned 24-hour and connection of the sewage pumping station(s) to other 24-hour manned station;
(e) the incorporation of a manual clean bar screen at the overflow bypass of each sewage pumping station covered under the Project; and
(f) the overflow discharge pipe of each sewage pumping station covered under the Project shall be connected to an enclosed culvert at a point below the low water level.
Appendix B (as referred to in Condition 2.4(b))
Measures to Mitigate Potential Operational Noise Impacts
(a) The exhaust of the ventilation system and any opening of each sewage pumping station covered under the Project shall be positioned to avoid as far as practicable direct line of sight to nearby existing and planned surrounding sensitive receivers;
(b) the exhausts of each sewage pumping station covered under the Project shall be equipped with acoustic louvers or other acoustic reduction system; and
(c) the pump(s) and mechanical ventilation system of each sewage pumping station covered under the Project shall be located underground or enclosed within a structure or building.
Appendix C (as referred to in Condition 2.4(c))
Measures to Mitigate Potential Operational Odour Impacts
(a) the odour sources of the sewage pumping stations, including the wet well, inlet chamber and screening chamber of each sewage pumping station covered under the Project, shall be fully enclosed; and
(b) each sewage pumping station covered under the Project shall be equipped with odour scrubbing device for treating the odour emissions prior to discharging to the atmosphere.
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