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 OPERATE
A DESIGNATED PROJECT

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, the Director of Environmental Protection (the Director) grants this Environmental Permit to the Yuen Long Fish Merchants' Association Limited (the "Permit Holder") to operate the designated project described in Part B subject to the conditions described in or attached to Part C.

This Permit of the Pond Fish Wholesale Market will only be valid for a maximum of three years operation period (until 31^st March 2003). This Environmental Permit will be revoked once the Tenancy Agreement of the Pond Fish Wholesale Market at Yuen Long Planning Area 12 between the Permit Holder and the Hong Kong Special Administration Region is terminated by the Land Authority. 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 元 朗 鮮 魚 業 批 發 商 會 有 限 公 司 (許 可 證 持 有 人 )以 營 辦 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 C部 所 說 明 或 附 載 的 條 件 。

本 供 營 辦 塘 魚 批 發 市 場 的 許 可 證 有 效 期 最 長 為 三 年 (直 至 2003年 3月 31日 止 )。 在 地 政 監 督 終 止 許 可 證 持 有 人 與 香 港 特 別 行 政 區 就 元 朗 第 12規 劃 區 塘 魚 批 發 市 場 簽 訂 的 租 約 時 ， 本 許 可 證 將 即 時 撤 銷 。

本 環 境 許 可 證 乃 依 據 下 列 文 件 、 批 准 或 許 可 而 簽 發 ﹕

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:

下 列 為 本 環 境 許 可 證 A部 所 提 及 的 指 定 工 程 項 目 的 說 明 :

PART C (PERMIT CONDITIONS)

1 General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit (the Permit). Any non-compliance with this Permit may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or permit cancellation where applicable.

1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as 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) and other.

1.3 The Permit Holder shall make copies of this Permit available at all times for inspection by the Director at all sites covered by this Permit.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site.

1.5 The Permit Holder shall display a copy of this Permit at all vehicular site entrances/exits or at a convenient location of the Pond Fish Wholesale Market for public information at all times. The Permit Holder shall ensure that the most updated information about the environmental 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 of Environmental Protection shall also be displayed at the same locations as the original Permit.

1.6 A copy of the EIA Report shall be kept in the Pond Fish Wholesale Market's site office for reference.

1.7 The Permit Holder shall operate the Project in accordance with the conditions described in Part C of this Permit.

1.8 The Permit Holder shall ensure that the Project is operated in accordance with the information and recommendations contained in the EIA Report, the requirements in environmental permit No. VEP-01/2000/A/EP-047 and the requirements of this environmental permit.

2. Measures to Ensure the Environmental Performance of the Project

2.1 Within the three year operation period of the Pond Fish Wholesale Market, the Permit Holder shall permit the staff, and/or the agent, of the Kowloon Canton Railway Corporation (KCRC), to enter the site with or without equipment/machinery and install monitoring device(s) to monitor the environmental performance of the Pond Fish Wholesale Market.

2.2 Within the three year operation period of the Pond Fish Wholesale Market, the Permit Holder shall liaise with KCRC and implement any additional environmental mitigation measures to the Director's satisfaction to ensure the environmental performance of the Pond Fish Wholesale Market.

2.3 Within the three year operation period of the Pond Fish Wholesale Market, should the Director consider the operation of the Pond Fish Wholesale Market unlikely to achieve the requirements of the EIA Study Report for the noise sensitive receiver(s) at Yuen Long Planning Area 12 and 15, the Permit Holder shall allow the staff, and/or the agent of the KCRC, to enter the site at all times, with or without equipment and machinery, to implement additional environmental mitigation measures upon receiving written notice issued by the Director. The additional mitigation measures may include, but not necessarily be limited to, the followings:

i) Relocation of the loading/unloading bays of the Pond Fish Wholesale Market to the east side of the site;

ii) Retrofit the market structure to ensure there is no opening or only insulated opening along the western facade. This may include retrofitting a cover and boundary walls to mitigate noise impacts on adjacent noise sensitive receiver(s);

iii) Provision of additional mechanical ventilation to ensure the dilution of odour and prevent the accumulation of vehicle exhaust fumes.

3. Measures To Be Implemented During the Operation Period

3.1 The Permit Holder shall implement measures described in Annex A to mitigate the air quality impacts.

3.2 The Permit Holder shall implement measures described in Annex B to mitigate noise impacts.

3.3 The Permit Holder shall implement measures described in Annex C to mitigate water quality impacts.

3.4 The Permit Holder shall implement measures described in Annex D to mitigate the waste impacts.

Notes:

1. This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).

2. The Permit Holder may apply under section 13 of the Environmental Impact Assessment Ordinance to the Director for a variation of the conditions of this environmental 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 with the consent of the Secretary for Environment and Food, may suspend, vary or cancel this environmental permit. The permit shall be removed from the display on the construction site.

5. If this permit is cancelled or surrendered during the construction or operation, an environmental permit must be obtained under the Ordinance before the construction or operation of the project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without an environmental permit.

6. All submissions as required under this permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

7. Any person who constructs or operates the designated project contrary to the conditions in this 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. Under section 17 of the EIA Ordinance, the applicant may appeal to the Appeal Board against the Director's decision within 30 days of receipt of this environmental permit.

Annex A

Measures to Mitigate Air Quality Impacts during Operation

To mitigate the environmental impact from air quality, the following mitigation measures shall be implemented:

(a) To avoid odour problems on site, regular collection from the refuse collection point shall be carried out with high standards of general house-keeping within the market;

(b) Cleansing of the market should be implemented by the traders under supervision, on a daily basis;

(c) Sufficient ventilation should be allowed inside the Pond Fish Wholesale Market to ensure dilution of odour and prevent the accumulation of vehicle exhaust fumes from the nearby road;

(d) Delivery vehicles should turn off their engines when loading or unloading or if queuing for access to loading/unloading bays; and

(e) Air intake points for air-conditioning systems shall be carefully located to avoid taking in excessive fumes from vehicular exhaust.

Annex B

Measures to Mitigate Noise Impacts during Operation

To mitigate the environmental impact from operational noise, the following mitigation measures shall be implemented:

(a) Sufficient on-site road space and loading/unloading bay area shall be allowed to accommodate the peak throughput of delivery vehicles such that off-site queuing of vehicles can be eliminated;

(b) Delivery vehicles should turn off their engines when loading or unloading or if queuing for access to loading/unloading bays.

Annex C

Measures to Mitigate Water Impacts during Operation

To mitigate the water quality impacts, the following mitigation measures shall be implemented:

Site Run-off
(a) Appropriate measure should be implemented to control site run-off thereby preventing high loading of suspended solids from entering the nearby reserve drainage system and other drainage systems in the vicinity. Proper site management shall be employed to minimize surface run-off and sewage effluents to nearby storm drains.

Site Drainage
(b) Interceptors installed to floor drains shall be properly used and maintained;

(c) Grating of an appropriate grate size over the surface channels shall be properly used and maintained;

(d) Removable vertical grates, in the surface channels at a frequency of one grate for every six market stalls, shall be properly used and maintained;

(e) Pyramid type grating above the outlet point with a hinged lid, together with vertical grates on either side of the pyramid trap shall be properly used and maintained;

(f) Removable sump bucket, under the pyramid grating, with drain hole shall be properly used and maintained;

(g) The drainage system shall be cleaned at a regular frequency using gully suckers or other appropriate equipment to ensure that the performance of the system is effective in removing solid materials.

Annex D

Measures to Mitigate Waste Impacts during Operation

To mitigate the environmental impact from waste, the following mitigation measures shall be implemented:

Site Cleaning
(a) Daily supervised clean-up shall be carried out by each of the stall holder. The public areas of the market and the lorry parking areas should be cleaned daily by a cleaning contractor upon closing of the market. Any waste collected should be properly transferred to the refuse collection area.

Waste Handling, Storage, Collection and Disposal
(b) Containers should be strategically located around the market to facilitate the collection of wastes. Stall holders should undertake the cleaning of waste from their stalls upon the close of the market by placing waste in these containers;

(c) The containers should then be taken by the stall-holders to the proposed refuse collection area. These larger containers of waste should be emptied daily by a Food and Environmental Hygiene Department's refuse collection vehicle and transported to a solid waste transfer station or landfill for disposal at the close of each market day; and

(d) The refuse collection area should be fully enclosed and comprise of a shed constructed with brick walls and a roof.

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