1. BACKGROUND

1.1 An application (No. ESB-045/1999) for an Environmental Impact Assessment (EIA) study brief under Section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 17 December 1999 with a project profile (No. PP-070/1999).

1.2 The Applicant proposes to decommission, dismantle and remove four underground diesel oil tanks with a total storage capacity exceeding 200 tonnes as a part of the replacement works of the water pumping facilities at Tsuen Wan No. 1 Pumping Station. The location of the proposed project is shown in the attached Figure 1. The decommissioning of the underground fuel tanks as described in the project profile is a designated project under the EIAO by virtue of Item 16 of Part II, Schedule 2 under the Ordinance.

1.3 Pursuant to Section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.

1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the proposed decommissioning project and related activities taking place concurrently. This information will contribute to decisions by the Director on:

(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;

(ii) the conditions and requirements for the detailed design and/ or the decommissioning project to mitigate against adverse environmental consequences wherever practicable; and

(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.

2. OBJECTIVES OF THE EIA STUDY

2.1 The objectives of the EIA study are as follows:

(i) to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

(ii) to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including both the natural and man-made environment;

(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(iv) to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during the decommissioning project;

(v) to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the decommissioning project in relation to the sensitive receivers and potential affected uses;

(vi) to identify, assesses and specify methods, measures and standards, to be included in the detailed design and/ or the decommissioning project which are necessary to mitigate these environmental impacts and reduce them to acceptable levels;

(vii) to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;

(viii) to identify constraints associated with the mitigation measures recommended in the EIA study; and

(ix) to design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted.

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (thereafter refer to as the TM), are fully complied with.

3.2 The Scope

The scope of this EIA study shall cover the proposed works area shown in Figure 1 and shall include the proposed project mentioned in Section 1.2 above. The EIA study shall address the likely key issues described below; together with any other key issues identified during the course of the EIA study:

(i) the potential noise impacts arising from demolition activities;

(ii) the potential solid waste impacts arising from the decommissioning project;

(iii) likely land contamination impacts caused by the underground diesel oil tanks; and

(iv) the potential impacts to Sam Tung Uk, a declared monument and Tin Hau Kung, a Grade II historic building, both of which are at Tsuen Wan.

3.3 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts:

3.4 Air Quality Impact

The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation on dust control and, subject to section 4 below, shall initiate a monitoring and audit program during demolition to ensure demolition dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the Technical Memorandum.

3.5 Noise Impact

3.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.

3.5.2 The study area for noise impact assessment shall include an area within 300m from the project boundary. Subject to the agreement of the Director, the study area can be reduced accordingly if the first layer of the noise sensitive receivers (NSRs), closer than 300m from the project boundary, provides acoustic shielding to those receivers located further away,

3.5.3 The noise impact assessment shall include the following:

Provision of Background Information

(i) The Applicant shall provide all background information including existing noise levels relevant to the project.

Identification of Noise Sensitive Receivers

(ii) The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.

(iii) The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description such as name of building, use, and floors of each and every selected assessment point shall be given.

Provision of an Emission Inventory of the Noise Sources

(iv) The Applicant shall provide an inventory of noise sources (e.g. demolition equipment for noise assessment and other associated construction equipment). Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.

Noise Assessment

(v) The Applicant shall carry out assessment of noise impact from the decommissioning project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.

(vi) To minimize the decommissioning noise impact, alternative methods shall be considered and proposed as far as practicable.

(vii) If the unmitigated noise levels are found to exceed the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy tasks) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.

3.6 Water Pollution

3.6.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM, respectively.

3.6.2 Based on the likely type, sequence and duration of decommissioning activities, the Applicant shall identify those activities likely to cause water pollution. Such activities may include excavation and removal of contaminated spoil, dewatering of fuel contaminated groundwater, change of groundwater regime leading to migration of fuel contaminated groundwater offsite, dismantling of diesel oil tanks and pipework leading to oil spills and the like.

3.6.3 The Applicant shall propose mitigation measures to reduce the water pollution as identified above to within established standards and criteria.

3.7 Waste Management Implications

3.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM, respectively.

3.7.2 The assessment of waste management implications shall cover the following:

Analysis of Activities and Waste Generation

(i) The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the decommissioning activities, based on the sequence and duration of these activities.

Proposal for Waste Management

(ii) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation and for on-site or off-site re-use shall be fully evaluated. Measures which can be taken in the planning and design stages for example, by modifying the design approach and in the construction stage for maximising waste reduction shall be separately considered.

(iii) Having taken into account all the opportunities for reducing waste generation and maximising reuse, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste shall be described in detail. The disposal method recommended for each type of waste shall take into account the result of the assessment set out below.

(iv) The impact caused by handling (including labelling, packaging and storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas:

(a) potential hazard;

(b) air and odour emissions;

(c) noise;

(d) wastewater discharge; and

(e) public transport.

3.8 Land Contamination Impact

3.8.1 The Applicant shall follow the guidelines for evaluating and assessing potential land contamination issues as stated in sections 3.1 and 3.2, Annex 19 of the TM.

3.8.2 The Applicant shall provide a clear and detailed account of the present land use (including description of the activities, chemicals and hazardous substances handled with clear indication of their storage and location by reference to a site map) and the relevant landuse history in relation to possible land contamination (including accident records, change of land use and the like).

3.8.3 During the execution of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the DEP for endorsement prior to conducting an actual contamination impact assessment of the land/site. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and the extent of the contamination of the land/site.

3.8.4 Based on the endorsed CAP, the Applicant shall conduct a land contamination impact assessment. If land contamination is confirmed, a remedial action plan shall be prepared to formulate necessary remedial measures.

3.9 Impact on Cultural Heritage

The Applicant shall assess any possible change of groundwater regime leading to migration of fuel contaminated groundwater offsite, demolition dust and vibration impacts from the decommissioning activities on any sites of cultural heritage, including Sam Tung Uk, a declared monument, Tin Hau Kung, a Grade II historical building and their environs (as shown in Figure 1), as well as any other unknown sites of cultural heritage. In the event any potential impacts are identified on any archaeological sites, historic buildings and structures within or near the project area, the Applicant shall assess the possibility of all alternatives to avoid impact; and where no alternatives are viable, the Applicant shall propose practicable mitigation measures to minimise or compensate for adverse impacts to sites of cultural heritage. The Applicant shall also determine the residual impacts after the implementation of recommended mitigation measures

3.10 Summary of Environmental Outcomes

The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, the environmental benefits of environmental protection measures recommended and the like.

4. ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS

4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A during the decommissioning project and, if affirmative, shall define the scope of the EM&A requirements for the project in the EIA study.

4.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Annex A) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

4.4 The Applicant shall examine the feasibility of reporting the real-time monitoring data during construction through a dedicated internet website.

5. DURATION OF VALIDITY

5.1 This EIA study brief is valid for 24 months after the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.

6. REPORT REQUIREMENTS

6.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.

6.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:

(i) 45 copies of the EIA report in English and 45 copies of the executive summary (each bilingual in both English and Chinese) as required under Section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.

(ii) when necessary, any addendum to the EIA report and the executive summary submitted in (i) above as required under Section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.

(iii) 20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without addendum as required under Section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.

6.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

6.4 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the Applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlinks to each section and sub?section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.

6.5 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.

6.6 When the EIA Report and the Executive Summary are made available for public inspection under Section 7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.

7. OTHER PROCEDURAL REQUIREMENTS

7.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.

7.2 If there is any key change in the scope of the project mentioned in Section 1.2 of this EIA study brief and in Project Profile (No. PP-070/1999), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.

January 2000

Environmental Protection Department

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