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 NEW TERRITORIES EAST DEVELOPMENT OFFICE, TERRITORY DEVELOPMENT DEPARTMENT (the "Permit Holder") to construct and operate 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:

環 境 保 護 署 署 長 (「 署 長 」 )現 根 據 《 環 境 影 響 評 估 條 例 》 (「 環 評 條 例 」 )第 10條 的 規 定 ﹐ 將 本 環 境 許 可 證 批 予 拓 展 署 新 界 東 拓 展 處 (「 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 說 明 或 附 載 的 條 件 。 本 環 境 許 可 證 ﹐ 是 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 述 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. Any non-compliance 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), the 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. The site(s) refers to the site(s) of the construction, operation and/or decommissioning of the Project and should mean the same hereinafter.

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 and operate 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 designed, constructed and operated in accordance with the information and all recommendations described in the 1998 EIA Report (Register No. EIA-135/BC), the 1999 EIA Report (Register No. AEIAR-022/1999), the 1998 EM&A Manual, the 1999 EM&A Manual, and the Application (Application No. AEP-104/2001); 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 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. All submissions or any variation of the submissions shall be verified by the Independent Environmental Checker (IEC) referred to in Condition 2.1 below, before submitting to the Director under this Permit.

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

2. Submissions for the Construction of the Project

2.1 An Independent Environmental Checker (IEC) shall be employed no later than two months before the commencement of construction of the Project. The IEC shall have at least 7 years' experience in environmental monitoring and audit (EM&A) or environmental management. The IEC shall be responsible for duties defined in the 1999 EM&A Manual, and shall audit the overall EM&A programme covered by the 1998 EM&A Manual and 1999 EM&A Manual (hereafter referred to as the two EM&A Manuals), 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.

2.2 An Environmental Team (ET) shall be established no later than 2 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 auditing (EM&A) or environmental management. The ET team and the ET Leader shall be responsible for duties defined in the 1999 EM&A Manual. 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 two EM&A Manuals.

2.3 The Permit Holder shall, within 4 weeks after commencement of construction of the Project, inform the Director 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 Permit Holder shall, at least 8 weeks before commencement of any construction work causing any loss of woodland, submit to the Director for approval 3 sets of landscape proposals as recommended in section 8.6.5 and the implementation schedule of the Environmental Review Report dated September 2001 attached to the Application. The landscape proposals shall include plans of scale 1 to 1000 or other appropriate scale as agreed by the Director. With a view to further minimizing ecological impacts, the proposals shall show the compensatory replanting areas for permanent woodland loss and reinstated areas for temporary woodland loss (with the size of compensation area clearly stated in hectares), and shall include a design document for the toll plaza illustrating efforts to further minimize ecological impacts. The proposals shall also include an implementation programme for these works, with clear identification of the responsibility for implementation, management and maintenance of landscape mitigation measures for these works. All measures recommended in the approved proposal(s) shall be fully implemented in accordance with the details and time schedule set out in the submission. No construction work causing any loss of woodland shall commence without the approval of the proposals.

2.5 The Permit Holder shall, no later than 4 weeks after the commencement of construction of the Project, submit to the Director for approval three sets of Waste Management Plan for the construction stage 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 1998 EIA Report, 1999 EIA Report, and the Application. The Plan shall describe 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 in the 1998 EIA Report, 1999 EIA Report, and the Application. 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.

3. Measures for Construction and Operation of the Project

3.1 To mitigate the traffic noise impact arising from the Project, noise barriers/enclosures shall be constructed as shown in Figure 2 and Annex A of this Permit, prior to the operation of the Project.

3.2 To mitigate water quality impact from tunneling works for Shatin Heights Tunnel, the following mitigation measures shall be fully implemented:

a. Temporary open storage of excavated materials shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials from the drill-and-blast tunneling work shall be diverted to the drainage system via appropriate sediment traps, to achieve a controlled release of storm flow, construction runoff, or wash water.

b. Ground water pumped out of tunnels shall be discharged into sediment traps to enhance deposition rates and to remove silt, before discharging into the drainage channels of the drainage system.

3.3 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Annex B shall be fully implemented throughout the construction period.

3.4 To mitigate ecological impact during construction, the following measures shall be fully implemented:

a. At the location shown in Figure 3 of this Permit, a sediment barrier shall be erected to minimize stream sedimentation at downstream of the project boundary of the Toll Plaza.

b. All measures recommended in the approved landscape proposals under Condition 2.4 above shall be fully implemented in accordance with the details and time schedule set out in the submission.

c. As shown in Figure 3 of this Permit, fences shall be erected along the boundary of the construction sites at the Toll Plaza before commencement of works, to prevent tipping, vehicle movements, and encroachment of personnel onto adjacent wooded areas.

4. Environmental Monitoring and Audit requirements during Construction of the Project

4.1 An EM&A programme shall be implemented as set out in the two EM&A Manuals. Any change to the programme shall be justified by the IEC as conforming to the requirements set out in the two EM&A Manuals and information contained in the 1998 EIA Report, 1999 EIA Report and the Application, before submission to the Director for approval.

4.2 Samples and measurements shall be taken in accordance with the requirements of the two EM&A Manuals by:

a) conducting baseline environmental monitoring as set out in the two EM&A Manuals; and

b) conducting impact monitoring as set out in the two EM&A Manuals.

4.3 The remedial actions described in the Event/Action Plans of the two EM&A Manuals shall be fully and properly carried out, in accordance with the time frames(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 construction of the Project. The submission shall be 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 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.

5. Environmental Monitoring and Audit Requirements during Operation of the Project

5.1 At least 6 months before the operation of the Project, the Permit Holder shall deposit with the Director a monitoring plan of traffic noise from operation of the Project, in accordance with section 3.5 of the Environmental Review Report dated September 2001 attached to the Application. Monitoring of traffic noise during the operational phase shall be conducted in accordance with this monitoring plan. Monitoring details and results, including the comparison between the measured noise levels and the predicted levels, shall be recorded in the Traffic Noise Monitoring Report. The Traffic Noise Monitoring Report shall be certified by the Permit Holder before three copies of the report are deposited with the Director, within one month after the completion of the monitoring.

5.2 The Permit Holder shall deposit with the Director 3 copies of an audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures recommended in the submission approved under Condition 2.4 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.

5.3 The Permit Holder shall deposit with the Director 3 copies of an audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures described in Condition 3.1 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.

6. Electronic Reporting of EM&A Information

6.1 To facilitate public inspection of the Baseline Monitoring Report, monthly EM&A Reports, and the Traffic Noise Monitoring Report 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.

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.

Environmental Permit No. EP-104/2001

Annex A (extracted from section 3.4.2.30 of the Environmental Review Report dated September 2001 attached to the Application, and as referred to in Condition 3.1)

Sound absorptive feature is assumed for all the noise barriers to be used. A summary of the mitigation measures are given below, where 'left side' and 'right side' are taken to mean the respective sides for a person driving along the designated direction of the carriageway:

For main road

• A full enclosure of up to approx. 375m long, located along the main road of Route 9 facing the MOS depot development, to join at the north with the underpass for the Trunk Road T3 as one continuous enclosure;

• At the south portal of the full enclosure, a 5.5m high with 4m cantilever barrier along the left side of the northbound carriageway and a 5.5m high with 4m cantilever barrier along the right side of southbound carriageway;

• Low Noise Road Surfacing (LNRS) on the Route 9 main alignment.

For slip roads

• A minor full enclosure of approx. 83 meters long, located near the middle of the north- and south-bound slip roads leading from the Route 9 main alignment to Che Kung Miu Road.

  Northbound slip road
  Left side
  

• A 5.5m high with 4m cantilever barrier of approx. 380m long, running from the left side of the northbound carriageway of the main road, to join the west end of the minor enclosure on the slip road; a 5m high vertical barrier originated from the east end of the minor enclosure and running for approx. 115m and joint to a 5.5m high with 4m cantilever barrier of approx. 200m long and then a 3m vertical barrier of approx. 110m.

  Northbound slip road
  Right side
  

• An approx. 100m long 3m high vertical barrier joint to the west end of the minor enclosure; followed by a 3m high vertical barrier of approx. 190m long, running from the east end of the minor enclosure towards Che Kung Miu Road; A separate 3m high vertical barrier of approx. 123m long is also to be provided on the split section of the slip road at this end of the Che Kung Mui Road.

  Southbound slip road
  Left side
  

• From Che Kung Miu Road, a 3m high vertical barrier of approx. 100m, followed by a 5m high vertical barrier of approx. 330m long running along the left side until the minor enclosure is reached; followed by a 5.5m high with 4m cantilever barrier of approx. 360m from the west end of the minor enclosure towards the Route 9 main alignment.

  Southbound slip road
  Right side
  From the west end of the minor enclosure, a 5m high vertical barrier of approx. 170m long running towards the Route 9 main alignment. From the Che Kung Mui Road end of the slip road, an approx. 130m long 5.5m high with 2m cantilever barrier to be provide for the left lane of the split section of the slip road.

Annex B (as referred to in Condition 3.3)

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 ET Leader. Rainwater pumped out from trenches or foundation excavations shall be discharged into silt removal facilities before discharge into storm drains.

(v) 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.

(vi) Sand and silt in the wash water from the wheel washing facilities, which ensure no earth, mud and debris are deposited on roads, shall be settled out and removed before discharging into storm drains. A section of the road between the wheel washing bay and the public road shall be paved with backfill to prevent wash water or other site runoff from entering public road drains.

(vii) Oil interceptors shall be provided in the drainage system and regularly emptied to prevent the release of oils and grease into the storm water drainage system after accidental spillage. The interceptor shall have a bypass to prevent flushing during periods of heavy rain.

(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 minimized 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.

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