Environmental Permit No. EP-131/2002
環境許可證編號EP-131/2002
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 the Civil Engineering Department Special
Waste Facilities Group, Environmental
Protection 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環境保護署特別廢物組 土木工程署(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 |
AEP-131 |
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Document in the Register : 登記冊上的文件： |
Low-level
Radioactive Waste Storage Facility – Environmental Impact and Safety
Assessment (June 1995) (Register No. EIA-064/BC) [Hereinafter referred to as "the
Report"] 低放射性廢物儲存設施(1995年6月) (登記冊編號 : EIA-064/BC) 「下稱環境影響及安全評估報告」 許可証持有人提交的環境許可証申請文件 : (申請編號 :
AEP-131/2002) |
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Date 日期 |
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(Elvis
W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for
the 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) |
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PART B (DESCRIPTIONS 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:
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Title of Designated Projects 指定工程項目的名稱 |
Low-level
Radioactive Waste Storage Facility
低放射性廢物儲存設施 |
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Nature of Designated
Projects |
A
Waste disposal facility for industrial or special waste. 為工業廢物或特殊廢物而設的廢物處置設施 |
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Location of Designated Projects 指定工程項目的地點 |
The Low-level
radioactive storage facility is located at Sum Wan, Siu A Chau as shown in Figure 1 attached to this Permit. 低放射性廢物儲存設施位於小鴉洲的深灣如本許可証圖一所示 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
A site of 0.6 ha constructed with a single storey
building of approximately 44x 24 m in size. Scope of the construction
includes: (i)
civil engineering works, (ii)
building works including building services, and
(iii)
operation of the facility 在0.6公頃ェ地內興建一座約面積約４４米X２４米的單層建築物。工程範圍包括： (i)
土木工程； (ii)
興建建築物包括有關使用設施； (iii)
該設施的營辦 |
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 the Noise
Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water
Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and
Waste Disposal Ordinance (Cap. 354).
This Permit does not of itself constitute any ground of defense against
any proceedings instituted 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 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(s) 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’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 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 EIA Report (Register No. EIA-064/BC); 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, 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.
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 submission.
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).
1.12
The Permit Holder shall notify the Director in writing the
commencement date of construction of the Project no later than 4 weeks 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
preparations, or other works as agreed by the Director.
2. Specific
conditions
2.1
An Environmental Team (ET) shall be established by the
Permit Holder no later than one month before the commencement of construction
of the Project(s). The ET shall not be in any way an associated body of the
Contractor or the Independent Environmental Checker (IEC) for the
Project(s).The ET shall be headed by an ET Leader. The ET Leader shall be a
person who has at least 7 years' 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 circumstance or change of
circumstances which may affect the environmental impact assessment and each and
every non-compliance with the recommendations of the EIA Report or this Permit.
This log-book shall be kept readily available for inspection by all persons
assisting in supervision of the implementation of the recommendations of the
EIA Report 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 the commencement of construction of the waste storage building. The IEC
shall not be in any way an associated body of the Contractor or the ET for the
Project(s). The IEC shall be a person who has at least 7 years' 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 24 hours of each and every change of circumstances or
non-compliance with the recommendations of the EIA Report or this Permit, which
might affect the monitoring or control of adverse environmental impacts from
the Project(s). In case 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.
2.3
No later than one month before commence of construction, the Permit Holder
shall shall deposit with the Director the detail design of the LRWF. The Plan shall be certified by the ET
leader and verified by the IEC as conforming to the information with respect to
the radiological standards and safety principles contained in Section 5.3 of
the Environmental Impact and safety Assessment Report (Register No. EIA-064/BC)
2.4
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.
Monitoring of Environmenal
and Radiological Impact etc.
2.5 No later than one
month before the commencement of construction of the Project, the Permit Holder
shall submit to the Director for approval an EM&A Manual for the Project.
Before submission to the Director, the 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 Environmental Impact and Safety Assessment.
The EM&A Manual shall include the latest information of the EM&A
programme for the ecological and water quality monitoring during the
construction and operation of the LRWF. All measures recommended in the
approved EM&A Manual shall be fully and properly implemented in accordance
with the requirements and time schedule(s) set out in the EM&A Manual. The
EM&A Manual approved under this Condition shall hereinafter be referred to
as the "EM&A Manual".
The EM&A Manual shall include a proposal for radiological monitoring
as outlined in the Environmental Impact and safety Assessment.
2.6
The Permit Holder shall restore the grassland and low shrub habitat
affected by the construction works with the use of native, local grass and
shrub species. Shotcrete shall not be used for re-establishment of the cut
slope behind the LRWF.
2.7
The Permit Holder shall operate the LRWF as dry facility with no
production of radioactive liquid effluent.
2.8
The Permit Holder shall use ventilated dry latrine type toilets at the
LRWF unless otherwise agreed by the Director.
2.9
The Permit Holder shall use electric powered vehicles at the LRWF
unless otherwise agreed by the Director.
2.10
The maximum building height shall not exceed 14 mPD.
2.11
The LRWF shall be an enclosed structure constructed with reinforced
concrete or structure steel frame of area about 44m by 24m and with an
elevation of 6.5m.
2.12
The LRWF shall be constructed with a sloping flat tiled roof fitted
with waterproofing materials. The column and the external wall of the LRWF
shall be wrapped with natural stone cradding to help integrate the structure
into the nature setting.
2.13
The hardstanding area of the LRWF shall be constructed on the coastal
side of the Facility.
2.14
The external surfaces of the LWRF shall be in subdued colour to match
with the surroundings before operation.
3.
Environmental
Monitoring and Audit (EM&A) during the Construction Period
3.1
The Permit Holder shall implement the EM&A programme in accordance
with the procedures and requirements in the EM&A Manual. Any changes to the
programme shall be justified by the IEC as conforming to the requirements set
out in the EM&A Manual and shall be approved by the Director.
3.2
The Permit Holder shall take samples and measurements in accordance
with the requirements in the EM&A Manual by:
(a) conducting
baseline monitoring on water quality, noise and air quality as set out in the
EM&A Manual;
(b) conducting
impact monitoring on water quality, noise and air quality as set out in the
EM&A Manual;
(c) carrying
out remedial actions in accordance with the Event/Action Plans, as set out in
the EM&A Manual, in cases where specified criteria in the EM&A Manual
are exceeded; and
(d) logging
and keeping records of the details of (a) to (c) above for all parameters
except for construction noise, within 3 working days of the collection of data
or completion of remedial action(s), for the purposes of preparing and submitting
the monthly EM&A Reports and to make available the information for
inspection on site.
3.3
All environmental monitoring and audit data submitted under this Permit
shall be true and correct.
3.4
Two hard copies and one electronic copy of the Baseline Monitoring
Report shall be submitted to the Director at least 2 weeks before the
commencement of any construction works. The submissions shall be verified and
certified by the IEC. Additional copies of the submission shall be provided to
the Director upon request from the Director.
3.5
Two hard copies and one electronic copy of monthly EM&A Report
shall be submitted to the Director within 2 weeks after the end of the
reporting month. The submission shall be certified by the ET Leader and
verified by the IEC. Additional copies of the submission shall be provided to
the Director upon request from the Director.
3.6
The Permit Holder shall fully and properly carry out actions described
in the Event/Action Plans of the EM&A Manual, in accordance with the time
frame set out in the Event/Action Plans, or as agreed by the Director.
4.
Electronic
Reporting of EM&A Information
4.1
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 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 Condition 5.2 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.
4.2
All environmental monitoring results described in Condition 4.1 above
shall be made available to the public via internet access in the shortest
possible time and in no event later than 2 weeks after the relevant
environmental monitoring results are collected or become available, unless
otherwise agreed with the Director. The Permit Holder shall notify the Director
in writing, within 6 weeks after the commencement of works, the internet
address where the environmental monitoring data are to be placed. The internet
address and the relevant environmental monitoring results shall be made
available to the public via the EIAO Internet Website and the EIAO Register
Office.
4.3
The internet website as described in Condition 4.2 above shall enable
user-friendly public access to the monitoring data with features capable of:
(a) providing
access to all environmental monitoring data collected since the commencement of
works;
(b)
searching by date;
(c)
searching by types of monitoring data; and
(d)
hyperlinking 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. The
Permit Holder may apply under Section 13 of 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 construction site by the amended permit.
3. A
person who assumes the responsibility for the whole or a part of the designated
project may, before he assumes responsibility of the designated project, apply
under Section 12 of the Ordinance to the Director for a further environmental
permit.
4. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site.
5. 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 Part I of
Schedule 2 of the Ordinance without a valid environmental permit.
6. 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.
7. 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.
8.
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.