Environmental Permit No. EP-146/2002

環境許可證編號EP-146/2002

 

 

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 TERRITORY DEVELOPMENT 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拓展署 (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-146/2002
Document in the Register 登記冊上的文件	(1)       Comprehensive Feasibility Study for the Revised Scheme of South East Kowloon Development (Register No. AEIAR-044/2001) 東南九龍發展修訂計劃的整體可行性研究 (登記冊編號：AEIAR-044/2001)   -          Environmental Impact Assessment Report (July 2001) [hereinafter  referred to as the "EIA Report"] - 環境影響評估報告 (2001年7月) [下稱 「環評報告」]   - Environmental Monitoring and Audit Manual (July 2001) - 環境監察審核手冊  (2001年7月)   - Executive Summary (July 2001) - 摘要  (2001年7月)
	(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 署長已於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   (3)       Project Profile of Sewage Pumping Stations under Agreement No. CE 42/2000 (CE) South East Kowloon Development, Infrastructure at North Apron Area of Kai Tak Airport, Design and Construction (Register No.: PP-172/2002) (the Project Profile) 顧問合約編號 CE 42/2000(CE) 東南九龍發展計劃-啟德機場北面停機 坪之污水泵站工程項目簡介(登記冊編號：PP-172/2002)(工程項目簡 介)   (4)       Application documents including all attachments submitted by the Permit Holder on 17 September 2002 (Application No.: AEP-146/2002) 許可證持有人於2002年9月17日提交申請文件包括所有附件(申諸書 號碼：AEP-146/2002)
Director’s Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可證	Letter Reference: (44) in Annex (2) in EP2/K19/F/15 信件檔號：(44) in Annex (2) in EP2/K19/F/15   Dated: 10 September 2002 日期：2002年9月10日

 

 

 

 

 

       15 October 2002

 

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	Sewage Pumping Stations under Agreement No. CE 42/2000 (CE) South East Kowloon Development, Infrastructure at North Apron Area of Kai Tak Airport, Design and Construction [This designated project is hereinafter referred to as “the Project”] 顧問合約編號 CE 42/2000(CE) 東南九龍發展計劃-啟德機場北面停機坪之污水泵站工程項目 [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	Five sewage pumping stations. 五個污水泵站。
Location of Designated Project 指定工程項目的地點	The five sewage pumping stations are located at the north apron of the disused Kai Tak Airport.  The location of the project site is shown in Drawing No. 1 of this Permit. 五個位於已停用啟德機場北面停機坪上之污水泵站。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	Construct five sewage pumping stations, namely PS1, PS1A, PS2, PS3 and PS4 of peak capacity 1.09 m3/sec, 0.66 m3/sec, 1.87 m3/sec, 0.16 m3/sec, 2.24 m3/sec, respectively. 興建五個污水泵水站,名為 PS1, PS1A, PS2, PS3 及PS4其峰值流量分別為每秒 1.09, 0.66, 1.87, 0.16 及 2.24 立方米。

 

 

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), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354). This Permit does not of itself (a) constitute any ground of defense 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 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/or 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 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-172/2002); 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, 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 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 as specified by the Director.

1.9               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.

 

1.10          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.

 

1.11          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.

 

 

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

 

2.1              The Permit Holder shall submit, at least two months before construction of each of the sewage pumping station covered under this Project, a set of detailed landscape plans for the Director’s approval.  The landscape plans shall include landscape layouts of scale 1 to 200, typical sections, building elevations, details of architectural aspects of the sewage pumping station (including colour scheme, types of external finishes of the buildings and/or structures) and detailed landscape treatment.  The Permit Holder shall seek prior agreement from the Director before submission if the landscape layouts are of scale other than 1 to 200.

 

2.2              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 to be included in tender documents for the sewage pumping station to demonstrate the incorporation of environmental mitigation measures as proposed in the Project Profile and summarized in the following appendices:-

 

(a)      measures to mitigate potential operational water quality impacts as summarized in Appendix A;

(b)      measures to mitigate potential operational noise impacts as summarized in Appendix B; and

(c)      measures to mitigate potential operational odour impacts as summarized in Appendix C.

 

 

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

 

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 to the detailed landscape plans submitted and approved under Condition 2.1 and the design drawings as deposited under Condition 2.2.

 

 

4.   Submissions or Measures for the Operation of the Project

 

4.1              The Permit Holder shall ensure that the operation of the sewage pumping stations do not exceed the capacities specified below:-

(a)        1.09 m³/s for sewage pumping station PS1;

(b)       0.66 m³/s for sewage pumping station PS1A;

(c)        1.87 m³/s for sewage pumping station PS2;

(d)       0.16 m³/s for sewage pumping station PS3;

(e)        1.75 m³/s for sewage pumping station PS4 before 1 January 2012; and 1.97 m³/s for sewage pumping station PS4 thereafter.

4.2              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.         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.

Appendix A (as referred to in Condition 2.2(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, and within 150m from any existing or proposed seawater intakes point(s)[1];

(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 2.2(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 louvres; 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 2.2(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.

圖 1

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