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 (the EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the CITYBUS LIMITED (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:

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 城 巴 有 限 公 司 (「 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 的 發 出 ﹐ 乃 以 下 表 所 列 的 文 件 、 批 准 或 許 可 作 為 根 據 ﹕ -

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 (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 :

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 recommendations described in the EIA Report (Register No. AEIAR-045/2001); 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 at least 1 week 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).

2. Submissions or Measures before Commencement of Construction of the Project or Foundation Works of the Project

2.1 Before the commencement of construction of the Project, the Permit Holder shall employ an Independent Environmental Checker (IEC) with 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 EM&A Manual, and shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and other submissions required under this Permit. In addition, the IEC shall be responsible for verifying and certifying 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 before the commencement of construction and the ET shall not be in any way an associated body of the Contractor. The ET shall be supervised by a team leader who has at least 7 years' experience in 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 EM&A Manual which forms part of the EIA Report.

2.3 The Permit Holder shall erect a 6m high vertical noise barrier along the western side of the site boundary, as shown in Figure 1 of this Permit, before the commencement of foundation works that comprise piling and pile cap construction of the Project. The 6m high vertical noise barrier shall be properly maintained throughout the foundation works in order to mitigate the construction noise impacts to noise sensitive receivers at the Hong Kong Institute of Vocational Education (Chai Wan).

2.4 The Permit Holder shall set up a construction complaint hotline at least 1 week before the commencement of foundation works. The operation of the complaint hotline shall follow the procedure set out in the EM&A Manual and be properly maintained until the completion of the construction of the Project.

3. Submissions or Measures for the Construction Period of the Project

3.1 The Permit Holder shall, within 1 month 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 All designs and measures described in Conditions 2.3 to 2.4 above shall be fully implemented.

3.3 Measures described in the attached Annex A to this Permit to mitigate environmental impacts from construction noise shall be implemented throughout the construction period.

3.4 The Permit Holder shall properly implement mitigation measures for handling construction waste, as described in the attached Annex B. Any changes to the measures shall be certified by the IEC as conforming to the information and recommendations contained in the EIA Report before implementation. The certified changes shall be immediately documented in the following monthly EM&A report as required under the EM&A Manual.

4. Submissions or Measures for the Operation Period of the Project

4.1 The Permit Holder shall construct the northern and southern sides of the bus depot as blank facades without openings to avoid operational noise. The Permit Holder shall erect a 3m high vertical wall at the northern, western and southern edge at the roof level of the bus depot, as shown in Figure 2 of this Permit. The Permit Holder shall properly maintain the 3m high vertical wall throughout the operation of the Project to mitigate the operational noise impacts to nearby residents.

4.2 The Permit Holder shall properly implement mitigation measures for handling operational waste, as described in the attached Annex C.

4.3 The Permit Holder shall properly implement mitigation measures to prevent land contamination associated with contaminants arising from the operation of the Project, as described in the attached Annex D.

4.4 The Permit Holder shall, before the operation of the Project or otherwise agreed by the Director, set up and implement the Environmental Management System (EMS) and thereafter properly maintain the EMS.

4.5 The Permit Holder shall, at least 4 weeks before the operation of the Project or otherwise agreed by the Director, deposit a copy of the Environmental Policy. The Environmental Policy shall be duly signed by the Chief Executive, or his/her equivalent, of the Permit Holder's organization.

4.6 During the operation period of the Project, the Permit Holder shall ensure that buses from the depot will follow the proposed ingress and egress routings, as shown in Figure 3 of this Permit. Apart from emergency situations, any variation of the proposed ingress and egress routings shall be approved by the Director.

5. Environmental Monitoring and Audit (EM&A) during the Construction Period

5.1 The EM&A programme shall be implemented as set out in the Environmental Management Plan (EMP) which forms part of the EIA Report. Any changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EMP before submission to the Director for approval.

5.2 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manuel by :

(a) conducting baseline monitoring on construction noise and construction dust. The baseline monitoring shall be carried out daily for a period of at least 2 weeks before the commencement of foundation works of the Project;

(b) conducting impact monitoring as set out in the EM&A Manual. The noise impact monitoring frequency for each station shall be once every three days;

(c) carrying out remedial actions in accordance with the Event/Action Plans, as set out in the EM&A Manual, in cases where specified criteria in the EM&A Manual are exceeded, and;

(d) logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the EM&A Reports and to make available the information for inspection on site.

5.3 All environmental monitoring and audit data submitted under this Permit shall be true and correct.

5.4 Two hard copies and one electronic copy in accordance with Condition 7.1 of the Baseline Monitoring Report shall be submitted to the Director 1 week before the commencement of foundation works that would affect the monitoring results. The submissions shall be verified and certified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director

5.5 Two hard copies and one electronic copy in accordance with Condition 7.1 of monthly EM&A Report shall be submitted to the Director within 2 weeks from the end of the reporting month. The submission shall be certified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

5.6 The actions described in the Event/Action Plans of the EM&A Manual shall be carried out, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.

6. Environmental Monitoring and Audit during Operation of the Project

6.1 The Permit Holder shall devise an enhanced EM&A programme that closely monitors the traffic noise impacts and includes proactive checks to avoid traffic noise impacts, and submit the enhanced programme to the Director for approval at least 3 months before the operation of the Project. In particular, the enhanced EM&A programme shall include a monitoring plan for the purpose of assessing the accuracy of traffic noise predictions, due to the bus movement, in the EIA Report by comparing the projected noise impact predictions with the actual impacts.

6.2 The monitoring plan in Condition 6.1 above shall contain monitoring locations, monitoring schedules, methodology of noise monitoring including noise measurement procedures, traffic counts and speed checks, and methodology of comparison with the predicted levels. At least one monitoring location at the noise sensitive receivers identified in the EIA Report shall be proposed. At least three sets of measurements shall be conducted and the monitoring shall be done within the first 6 months of operation of the Project. Monitoring shall be conducted in accordance with the approved monitoring plan unless with prior justification. Monitoring details and results including the comparison between the measured noise levels and the predicted levels shall be recorded in a report to be deposited with the Director within one month of the completion of the monitoring. The report shall be certified by the IEC. Two hard copies and one electronic copy in accordance with Condition 7.1 of this report shall be deposited with the Director.

6.3 The EIA Report predicted that the maximum bus ingress and egress rate of the Project is 160 buses per hour at mid-night peak (1130 to 1230). To protect residents at Tsui Wan Estate from further increase in traffic noise impact associated with the Project, in the event that the hourly bus ingress and egress rate is to be increased to 260 buses per hour (i.e. 100 buses on top of the peak rate), the Permit Holder shall submit a traffic noise monitoring and action plan with reference to the general measurement methodology in Condition 6.2. Traffic noise monitoring shall be carried out in accordance with this plan to determine whether further traffic noise mitigation measures are needed. The Permit Holder shall submit monitoring results together with recommendations for traffic noise mitigation measures, where appropriate, in a report for review and consideration by the Director. Two hard copies and one electronic copy in accordance with Condition 7.1 of this report shall then be deposited with the Director. All measures recommended in this report shall be fully implemented.

6.4 All environmental monitoring data and report submitted under this Permit shall be true and correct.

7. Electronic Reporting of EM&A Information

7.1 To facilitate public inspection of the Baseline Monitoring Report, monthly EM&A Reports, and the enhanced EM&A programme 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 5 and 6 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.

Annex A : Measures to Mitigate Construction Noise Impacts

To mitigate the environmental impacts from construction noise, the following mitigation measures shall be implemented throughout the construction period:

1. Model plant that is quieter than those specified in the Environmental Protection Department's "Technical Memorandum on Noise from Construction Work in Designated Areas" shall be used.

2. The number of items of plant operating at the same time at the specified locations shall be minimized for each construction activity.

3. Only well-maintained plant shall be operated on-site and plant shall be serviced regularly.

4. Machines and plant (such as trucks) that may be in intermittent use shall be shut down between work periods or shall be throttled down to a minimum.

5. Plant known to emit noise strongly in one direction shall be orientated so that the noise is directed away from noise sensitive receivers (NSRs).

6. Silencers or mufflers on construction equipment shall be utilized and be properly maintained.

7. Mobile plant shall be sited as far as away from NSRs as practicable.

8. Model plant that is quieter than those specified in the Environmental Protection Department's "Technical Memorandum on Noise from Construction Work in Designated Areas" shall be used.

Annex B : Measures to Mitigate Construction Waste Impacts

To mitigate the environmental impacts from construction waste, the following mitigation measures shall be implemented throughout the construction period:

1. Different types of waste shall be segregated and stored in different containers, skips or stockpiles to enhance reuse or recycling of materials and their proper disposal. An on-site temporary storage area equipped with appropriate measures shall be provided.

2. A trip-ticket system for monitoring the disposal of construction & demolition material (C&DM) shall be audited by the Environmental Team in order to monitor disposal of inert C&DM at public filling facilities and the remaining C&DM to landfills.

3. A recording system for the amount of wastes generated, recycled and disposed of (including the disposal sites) shall be set up.

4. Training shall be provided to workers in respect of site cleanliness and appropriate waste management procedure, including waste reduction, reuse and recycling, and avoid contamination of reusable C&DM.

5. Generation of surplus construction material shall be minimized through careful design, planning, good site management, control of ordering procedures, segregation and reuse of material.

6. Chemical waste shall be stored on-site with suitable containers so that leakage or spillage is prevented during the handling, storage, and subsequent transportation.

7. Chemical waste shall be handled, collected and delivered by licensed collectors in accordance with the Waste Disposal (Chemical Waste) (General) regulation.

8. General refuse generated at the construction site shall be stored separately from construction and chemical wastes to avoid cross contamination.

Annex C : Measures to Mitigate Operational Waste Impacts

To mitigate the environmental impacts from operational waste, the following mitigation measures shall be implemented throughout the operational period:

1. Chemical wastes generated during operation shall be managed in accordance with the requirements under the Waste Disposal (Chemical Waste) (General) Regulation and Code of Practice on the Packaging, Labelling and Storage of Chemical Waste published by Environmental Protection Department. Chemical waste to be disposed of shall be collected by licensed waste collectors for proper disposal.

2. Sludge generated from the water treatment system of the bus washing machines shall be regularly removed and transported away be licensed collectors for proper disposal.

3. Oily sludge accumulated inside oil/petrol interceptors in the bus washing areas and grease traps in the kitchen areas shall be regularly removed and transported away by licensed collectors for proper disposal.

Annex D : Measures to Mitigate Operational Land Contamination

To mitigate the environmental impacts from operational land contamination, the following mitigation measures shall be implemented throughout the operational period:

1. The underground fuel tanks shall be of a specified durability and placed within a concrete pit to avoid direct contact of the tank surface with soil.

2. The concrete pit shall be accessible to allow tank integrity test be carried out on an annual basis, or when deemed necessary by an independent qualified surveyor or structural engineer. Any potential problems such as potential cracking shall be rectified as far as practicable.

3. Diesel fuel pipelines are preferably to be installed above ground. If underground piping is unavoidable, concrete lined trenches shall be constructed to contain the pipelines. The distance between the diesel fuel refueling bays and the underground tanks shall be minimized as appropriate to avoid the need of long pipelines.

4. Proper installation and use of meters (e.g. at the two ends of a filling line) in diesel fuel filling would allow unexpected pressure drop or difference and sign of leakage be detected from routine inspection or during diesel fuel refueling. Any identified leakage shall be reported to the plant manager in-charge.

5. Any spillage of fuel shall be removed immediately by portable pump when the quantity is large or by absorbing materials when the quantity is low or with similar effective tools as appropriate. Used absorbing material shall be properly stored and disposed of as chemical waste.

6. The refueling of buses shall be undertaken by well-trained staff to avoid spillage of fuel. The underground tanks refueling (from tank trucks) shall only be undertaken by authorized staff of the fuel company using the company's standard procedures to avoid spillage of diesel fuel.

7. Chemicals used on-site shall be properly stored in designated areas.

8. Chemicals classified as dangerous goods under the "Dangerous Goods Ordinance" shall be segregated, stored and handled in compliance with the requirements under the Code of Practice on the Packaging, Labelling and Storage of Chemical Waste.

9. Any spillage of chemicals shall be reported to the plant manager in-charge. Immediate action shall be taken to confine the spillage and to clean up the spill.

10. If the spillage quantity is large, hand-operated pumps or other efficient measures shall be used to clean up the spill effectively. Used absorbing material for cleaning up of minor spillage shall be properly handled, stored and disposed of as chemical waste.

11. The plant manager in-charge shall keep a record on incidents of chemical spillage and the actions taken.

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