Further Environmental Permit No. FEP-01/088/2002
環境許可證編號
FEP-01/088/2002
ENVIRONMENTAL IMPACT
ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10 & 12
環
境
影
響
評
估
條
例
(第
499章
)
第
10條
及
12 條
ENVIRONMENTAL PERMIT
TO CONSTRUCT A DESIGNATED PROJECT
建
造
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 & 12 of the
Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental
Protection (the Director) grants this environmental permit to the CHING CHIT
CHEUNG CONSTRUCTION Co. LTD (hereafter referred to as the "Permit
Holder") to construct the designated project described in Part B
subject to the conditions described in or attached to 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 及 12 條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 ) 將 本 環 境 許 可 證 批 予 捷章建築有限公司 (下 稱 "許 可 證 持 有 人 ") 以 建 造 B部
所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 C部
所 說 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 ﹕
|
Application No. |
FEP-052/2002 |
|
Document in the Register : |
(1) Main Drainage
Channels for Ngau Tam Mei, Yuen Long and Kam Tin: Environmental Impact
Assessment and Environmental Schedule (Register No. EIA─ 089/BC)
[Hereinafter referred to as "the EIA Report"] (2) Environmental Permit
No. EP-088/2001 issued on 23 March 2001 (1) 牛 潭 尾 、 元 朗 及 錦 田 主 要 排 水 道 ： 環 境 影 響 評 估 及 環 境 計 劃 (登 記 冊 編 號 EIA─ 089/BC)[下 稱 環 評 報 告 ] (2) 於2001年3 月23 日簽 發 的 環 境 許 可 證 編 號：EP-088/2001 |
|
___________________
|
_____________________________________
|
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: (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 |
Village Flood Protection
for Mai Po Lo Wai and Mai Po San Tsuen [ 本 工 (本 工 程 項 目 下 稱 "工 程 項 目 "] 。 |
|
Nature of Designated
Project |
Construction
of village flood protection works to mitigate flooding at the villages.
|
|
Location of Designated
Project 指 定 工 程 項 目 的 地 點 |
Mai Po Lo Wai and Mai Po
San Tsuen. The location of the Project
is shown in Figure 1 of this environmental
permit. |
|
Scale and Scope of
Designated Project(s) |
The works will include
construction of v) a maintenance access road. |
1.General
Conditions
1.1
The Permit Holder shall ensure full compliance
with all conditions of this environmental permit. Any non-compliance may
constitute a contravention of the Environmental Impact Assessment Ordinance and
may become the subject of appropriate action 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 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.
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.
1.6 The Permit Holder shall construct the Project in
accordance with the project descriptions in Part B
of this Permit.
1.7 The Permit Holder shall ensure that the Project is
constructed in accordance with the information and all recommendations
described in the EIA Report (Register No. EIA-089/BC) 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 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 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, 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 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project no later than 2 weeks prior to the date of
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.
1.12 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)
1.13 This Permit shall
not remove the responsibility of any person to comply with the conditions set
out in Part
C of the Environmental Permit No.
EP-088/2001 or where applicable any subsequent environmental permit amended by
the Director under the EIA Ordinance.
1.14 The requirement
of IEC as required under this Permit is described in Condition 2.2 of he
Environmental Permit No. EP-088/2001 or where applicable the equivalent in any
subsequent environmental permit amended by the Director under the EIA
Ordinance.
2. Submissions or Measures for the
Construction of the Project
2.1
An Environmental Team (ET) shall
be established no later than 3 months before the commencement of construction
of the Project. The ET shall be headed by the ET Leader who shall have at least
7 years' experience in environmental monitoring and audit (EM&A) or environmental management.
The ET Leader shall be responsible for the implementation of the EM&A
programme in accordance with the EM&A requirements as contained in the
Environmental Schedule. In addition, the ET Leader shall be responsible for
certifying the environmental acceptability of permanent and temporary works,
relevant design plans and submissions under the Permit pursuant to condition
1.7 above.
2.2
An Independent Environmental
Checker (IEC) shall be employed no later than 3 months before the commencement
of construction of the Project. The IEC shall have at least 7 years' experience
in EM&A or environmental management. The IEC shall audit the overall
EM&A programme including the implementation of all environmental mitigation
measures, submissions relating to EM&A, 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.
2.3
Within 4 weeks after the
commencement of construction of the Project, the Director shall be informed in
writing of 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.
2.4 The
Director shall be deposited with 3 sets of 1 to 1000 scale layout drawings
showing the works boundaries, the ancillary road alignment and any other
facilities, the locations of environmental mitigation measures recommended in
the EIA Report, and an explanatory statement, no later than 2 months before the
commencement of construction of the Project. The layout drawings, the locations
of environmental mitigation measures and the explanatory statement so provided
shall be certified by the ET Leader and verified by the IEC, as conforming to
the information and recommendations contained in the EIA Report. The Project
shall be constructed in accordance with the information and recommendations
contained in the EIA Report.
2.5
Three sets of 1 to 1000 scale
layout drawings showing the areas to be re-vegetated and planted within the
works boundaries, and the programme for their implementation shall be deposited
with the Director before the commencement of construction of the Project. In
particular, the submission shall include details of hydroseeding and planting
of the flood protection walls and embankments. Native species shall be included
in the planting list and native shrub seeds shall be added to the seed mix.
2.6
Three sets of Waste Management
Plan for the construction stage of the Project shall be submitted to the
Director for approval no later than 4 weeks after the commencement of
construction of the Project. The Plan shall be certified by the ET Leader and
verified by the IEC as conforming to the information and recommendations
contained in the EIA Report. The Plan shall describe in detail 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 as contained in the EIA Report. Such a Plan shall include
the designated areas for segregation and temporary storage of reusable and
recyclable materials. All measures in the approved Plan shall be fully
implemented throughout the construction period.
2.7 The Project
described in Part
B of this permit shall incorporate noise
impact mitigation measures detailed in Section 8.2.7, tables 8.2s and 8.2y and
Section 8.3.7 of the EIA Report. Three sets of the noise impact mitigation
measures design specifications shall be certified by the ET Leader and verified
by the IEC and deposited with the Director before the commencement of
construction of the Project.
2.8
The Permit Holder shall submit an
Implementation Schedule for the Project, no later than 2 months before the
commencement of construction of the Project, to the Director for approval. The
Implementation Schedule shall be certified by the ET Leader and verified by the
IEC before submission to the Director.
3. Measures during the Construction
Period
3.1 All design
or construction measures described in the submissions approved or deposited
under condition 2.4, 2.5, 2.6 and 2.7 above shall be fully implemented in
accordance with the Implementation Schedule approved under condition 2.8.
3.2
To mitigate environmental impacts
due to site runoff and other potential water pollution caused by construction
activities, mitigation measures described in Annex A shall be fully implemented
throughout the construction period.
3.3
For dredging works, only
mechanical dredgers with bucket-type closed-grabs shall be used for the
dredging of existing channel bed. Where tight dredging depth tolerances are
required to dredge contaminated materials the bucket-type closed-grab dredger
shall incorporate a visor. Closed mechanical grabs for dredging shall be
maintained to avoid spillage and shall seal tightly while being lifted.
3.4
For land based excavation,
closed-grab excavators shall be used during excavation works to minimise the
leakage and loss of sediment.
3.5
Transportation of surplus dredged
or excavated materials which will not be used as filling materials on site
shall be carried out by water tight trucks/vessels to the marine barging points
or designated marine disposal grounds identified in the Waste Management Plan
approved under condition 2.6.
3.6
All barges and hoppers utilized
for marine transportation of dredged or excavated materials shall have tight
fitting seals to their bottom openings to prevent leakage of material.
3.7
Loading of barges and hoppers
utilized for marine transportation of dredged or excavated materials shall be
controlled to prevent splashing of materials to the surrounding water.
3.8
Barges and hoppers utilized for
marine transportation of dredged materials shall not be filled to a level,
which will cause overflow of material or polluted water during loading or
transportation.
3.9
Stockpiling of dredged/excavated
materials shall be placed remote from nearby residential dwellings including
Mai Po Lo Wai and Mai Po San Tsuen and covered with tarpaulin sheets.
3.10 Diversion of the channels and cofferdams shall
be used to minimize potential disturbance to water bodies, to limit adverse
impact on water quality at downstream and to contain sediments.
3.11 Fish ponds temporarily occupied by works areas
shall be reinstated back to fish ponds before commencement of operation of the
Project.
3.12 3 metre high temporary noise barriers with no
openings or gaps shall be erected between the construction plant in operation
and nearby residential development including Mai Po Lo Wai and Mai Po San
Tsuen. Noise barriers shall be erected close to, but no further than 20 metres
distant from the plant in operation.
3.13 To protect the Mai Po Lo Wai Egretry, no
construction works shall be undertaken during the months from April to July.
3.14 Drop hammer or similar construction method with
equivalent sound power level shall be used for sheet piling operation at Mai Po
Lo Wai. The use of double acting hammer rig is prohibited.
3.15 All waste materials, excluding river and pond
sediment, shall be segregated into categories covering: excavated material or
construction waste suitable for reuse on-site, reclamation or fill, construction
waste for disposal at public dump or landfill, chemical waste, and general
refuse and their handling and disposal shall be carried out in accordance with
the Waste Management Plan approved under condition 2.6.
3.16 The pumping station shall be constructed with the operation
phase noise mitigation measures detailed in the submission deposited under
condition 2.7 of this Permit.
3.17 The pumping station shall be constructed with the internal acoustic
treatment detailed in the submission deposited under condition 2.7 of this
Permit to control the operation plant noise within 85dB(A) Leq, 30 min. inside
the plant room.
3.18 The acoustic louvers shall be constructed to achieve the
noise attenuation specified in the submission deposited under condition 2.7 of
this Permit.
4.
Environmental Monitoring and Audit (EM&A) Requirements during
Construction of the Project
4.1
An EM&A programme shall be
implemented as set out in the Environmental Schedule of the EIA Report
(Register No. EIA-089/BC). Among other EM&A requirments, the programme
shall include the construction phase Egretry Monitoring at Mai Po Lo Wai. Any
change to the EM&A programme shall be justified by the ET Leader as
conforming to the requirements set out in the Environmental Schedule and information
contained in the EIA before submission to the Director for approval.
4.2
Samples and measurements shall be
taken in accordance with the requirements of the Environmental Schedule by:
(i)
conducting baseline environmental monitoring as
set out in the Environmental Schedule; and
(ii)
conducting impact environmental monitoring as
set out in the Environmental Schedule.
4.3
The remedial actions described in
the Event/Action Plans of the Environmental Schedule shall be fully and
properly carried out, in accordance with the time frame(s) set out in the
Event/Action Plans, or as agreed by the Director.
4.4
Records of measurements and
remedial actions taken under Conditions 4.2 and 4.3 respectively of this Permit
shall be logged and kept, within 3 working days of the collection of data or
completion of remedial action, for the purpose of preparing and submitting the
EM&A Reports and making the information available for inspection on site.
4.5
Two hard copies and one soft copy
of the Baseline Monitoring Report shall be submitted to the Director no later
than 2 weeks before the commissioning of the Project. The submissions 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 by the Director.
4.6
One hard copy and one soft copy of
monthly EM&A Report shall be submitted to the Director within 2 weeks after
the end of the reporting month. The EM&A Reports shall include a summary of
all noncompliance (exceedances) of the environmental quality performance limits
(Action and Limit levels). The submissions 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 by the Director.
4.7
All environmental monitoring and audit data submitted under this Permit
shall be true, valid and correct.
4.8
The Permit Holder shall relay all
environmental complaints regarding construction works to the Environmental
Team.
5. Electronic Reporting of EM&A
Information
5.1
To facilitate public inspection of
the Baseline Monitoring Report and monthly 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 Conditions 4 and 5 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.
5.2
All environmental monitoring data
contained in the EM&A Reports submitted under Conditions 4 and 5 of this
Permit shall be made available to the public via internet access in the form of
a website, in the shortest possible time and in no event later than two weeks
after the relevant environmental monitoring data are collected or become
available, unless otherwise agreed with the Director. The Permit Holder shall
notify the Director in writing at least 2 weeks before the commissioning of the
Project the internet address where the environmental monitoring data are to be
placed. The internet website shall be made accessible to the public via a
hyperlink at the EIAO Internet Website.
5.3
The internet website required in
Condition 5.2 of this Permit shall enable user friendly public access to the
monitoring data and with features capable of :
(i)
providing access to environmental monitoring data collected since the
commencement of works;
(ii)
searching by date;
(iii) searching
by types of monitoring data (air quality, water quality and noise, etc.); and
(iv) 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, Transport and Works
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 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 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.
Annex A (as referred to in Condition 3.2)
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 suitably 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
properly at all times.
(iv) Earthworks final
surfaces shall be well compacted and the subsequent permanent work or surface
protection shall be carried out immediately after the final surfaces are formed
to prevent erosion caused by rainstorms. Appropriate intercepting channels
shall be provided along the site boundary or at the locations agreed with the
IEC. Rainwater pumped out from trenches or foundation excavations shall be
discharged into silt removal facilities before discharge into storm drains.
(v) Open stockpiles
of construction materials (e.g. aggregates and sand) on site 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.
(vi) All
generators, fuel and oil storage shall be within bunded areas. Drainage from
the areas shall be connected to storm drains via a petrol interceptor.
(b) General Construction Activities
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 from construction works 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 shall 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.
To mitigate environmental impacts from
wastewater due to construction activities, water used for water testing,
boring, drilling works, concrete batching and precast concrete casting shall be
recirculated and reused; wastewater from concrete batching and precast concrete
casting shall be treated for pH adjustment and silt removed prior to discharge
into stormwater drains and washwater from wheel washing facilities shall have
sand, silt or other materials removed before discharge into stormwater drains;
the access road sections between site exits and the public roads shall be paved
with backfall to prevent site run-off from entering the public roads.