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 DECOMMISSION 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 Civil Engineering Department (hereinafter referred to as the "Permit Holder") to decommission the designated project described in Part B subject to the conditions specified in 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 的 規 定 ， 環 境 保 護 署 署 長 (署 長 )將 本 環 境 許 可 證 批 予 土 木 工 程 署 (下 稱 "許 可 證 持 有 人 ")以 解 除 運 作 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 C部 所 列 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 ﹕ -

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 and may become subject to 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) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any grounds 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 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 site(s) of decommissioning of the Project(s) and shall mean the same hereafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the decommissioning 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 decommissioning site(s).

1.6 The Permit Holder shall decommission the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed and decommissioned in accordance with the information and recommendations described in the EIA Report (Register No. AEIAR-050/2002); other relevant documents in the Register; and the information or mitigation measures described in this Permit. 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 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).

1.12 The Permit Holder shall notify the Director in writing of the commencement date of decommissioning of the Project no later than 2 weeks prior to the date of commencement of decommissioning of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the decommissioning.

2. Specific Conditions

2.1 An Environmental Team (ET) shall be established at least one month before the commencement of decommissioning of the Project. The ET shall be supervised by an ET 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 approved EIA Report and the EM&A Manual. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans, submissions relating to EM&A and other submissions required under this Permit.

2.2 The Permit Holder shall, within 4 weeks after the commencement of decommissioning of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint venture 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.

2.3 All demolition works shall be carried out within the site boundary of the Tsuen Wan No.1 Pumping Station.

3. Measures to Mitigate Land Contamination

3.1 When the concrete chambers lining is removed, the Permit Holder shall take soil samples from the ground below the diesel oil tanks so as to confirm whether or not the soil located under the tanks is contaminated. No less than 5 soil samples (4 at corners and 1 at middle) shall be taken at 0.5 m depth under each concrete chamber. The collected soil samples shall be analyzed in an accredited laboratory for Total Petroleum Hydrocarbon (TPH) and the testing result shall be compared with the "Soil and Ground Water Criteria Used in The Netherlands for Contaminated Land (Dutch List)" to evaluate any potential contamination. A Land Contamination Specialist with a least 7 years experience in land contamination investigation and remediation shall be engaged to supervise the soil sampling and to evaluate the contamination level. If the results show the presence of contaminated soil, the Director's agreement on remediation shall be obtained before any action is taken.

4. Environmental Monitoring and Audit (EM&A) Requirements

4.1 An EM&A programme shall be implemented as set out in the EM&A Manual which forms part of the EIA Report (Register No. AEIAR-050/2002). Any change to the programme shall be justified by the ET Leader as conforming to the requirements set out in the EM&A Manual 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 EM&A Manual by :

(i) conducting baseline environmental monitoring as set out in the EM&A Manual; and

(ii) conducting impact environmental monitoring as set out in the EM&A Manual.

4.3 The remedial actions described in the Event/Action Plans of the EM&A Manual 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. 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 non-compliance (exceedances) of the environmental quality performance limits (Action and Limit levels). The submissions shall be certified by the ET Leader. 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 Condition 4 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 decommissioning 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 decommissioning site.

5. If this Permit is cancelled or surrendered during decommissioning 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 decommission a designated project listed in Part II of Schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who decommissions 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-110/2001

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