Environmental Permit
No. EP-116/2002
環境許可證編號EP-116/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL
PERMIT TO DECOMMISSION, CONSTRUCT AND OPERATE DESIGNATED PROJECTS
解除運作、建造及營辦指定工程項目的的環境許可證
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 the
Civil Engineering Department (hereinafter referred to as the “Permit
Holder”) to decommission, construct and operate the designated projects
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、建造及營辦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﹕
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Application No. 申請書編號 |
AEP-116/2002 |
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Documents in the Register 登記冊上的文件 |
(1)
Decommissioning of
Cheoy Lee Shipyard at Penny’s Bay, EIA Report (Final) -
Volume 1 – Main Report
and Figures -
Volume 2 – Appendices -
EM&A Manual
(Final) -
Executive Summary (Register No.: AEIAR-055/2002) [Hereinafter referred to as the
“EIA Report”] (1)
竹篙灣財利船廠清拆工程環境影響評估報告 (定稿) -
第一冊 － 主要報告及圖表 -
第二冊 － 附錄 -
環境監察及審核手冊 (定稿) -
行政摘要 (登記冊編號：AEIAR-055/2002)
[下稱“環評報告”] (2)
The Director’s letter
of approval of the EIA Report dated 24 April 2002, (ref: (7) in Annex (1) to
EP2/N9/PT2/75 Pt.3) (2)
署長於二零零二年四月二十四日發出批准環評報告的信件 (檔案編號: (7) in Annex (1) to EP2/N9/PT2/75 Pt.3) (3)
Application document
for environmental permit on 14 December 2001 (Application No. AEP-116/2002) (3) 許可證持有人於二零零一年十二月十四日提交的環境許可證申請文件 (申請書編號：AEP-116/2002) |
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Date 日期 |
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(Robert J S Law) Director of Environmental
Protection 環境保護署署長 羅樂秉 |
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PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)
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：
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Title of Designated
Projects 指定工程項目的名稱 |
(1)
Decommissioning of Cheoy Lee Shipyard at Penny’s Bay (2)
Construction and operation of a thermal desorption plant at To Kau
Wan [The above designated projects are hereinafter referred to as
"the Project"] (1)
竹篙灣財利船廠清拆工程 (2)
在倒扣灣建造及營辦熱力解吸廠 [上述指定工程項目下稱“工程項目”] |
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Nature of Designated
Projects 指定工程項目的性質 |
(1)
Decommissioning of a facility for ship building and repairing more
than 1 ha. in size. (2)
Construction and operation of a waste disposal facility for chemical
waste (1)
解除佔地超逾1公頃的船舶建造與修理設施的運作。 (2)
建造及營辦化學廢物處置設施。 |
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Location of Designated
Projects 指定工程項目的地點 |
Penny’s Bay and To Kau Wan, Lantau The location of the Project is shown on Figure 1 attached to this Permit 大嶼山竹篙灣及倒扣灣 工程項目的位置載於本許可證圖1。 |
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Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
(1)
Decommissioning of the Cheoy Lee Shipyard with a site area of about
19 ha. Including demolition of the existing structures within the shipyard,
land decontamination works, treatment and disposal of contaminated soils and
associated works and environmental mitigation measures. (2)
Construction and operation of a soil remediation facility by thermal
desorption to treat contaminated soil from the former Cheoy Lee Shipyard. (1)
解除佔地約19公頃的財利船廠的運作，包括清拆船廠內現有的構築物、進行土地除污工程、進行污泥處理及處置和相關工作，以及採取環境緩解措施。 (2)
建造及營辦以熱力解吸法運作的土壤復育設施，以處理前財利船廠的污泥。 |
1. General Conditions
1.1 The Permit Holder and any
person working on the Project shall comply with all conditions set out in this
Permit. Any non-compliance by any
person 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), Waste Disposal Ordinance (Cap.354), Occupational Safety and Health
Ordinance (Cap. 509) and Factories and Industrial Undertakings Ordinance
(Cap.59). 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 site(s) of the Project and shall mean the
same hereafter.
1.5 The
Permit Holder shall display conspicuously a copy of this Permit on the work
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 work site(s).
1.6
The
Permit Holder shall decommission the Cheoy Lee Shipyard at Penny’s Bay and
construct and operate the thermal desorption plant at To Kau Wan as described
in Part B of this Permit.
1.7
The
Permit Holder shall ensure that the Project is designed and carried out in
accordance with the information and recommendations described in the EIA report
(Register No. AEIAR-055/2002); other relevant documents in the Register; and
the information 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. All submissions or any
variation of the submissions shall be certified by the Environmental Team (ET)
Leader and verified by the Independent Environmental Checker (IEC) referred to
in Conditions 2.1 and 2.2 below, before submitting to the Director under the
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 the
Project no later than one month prior to the commencement of the Project. The Permit Holder shall notify the
Director in writing immediately if there is any change of the commencement
date.
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).
Electronic copies of all finalized submissions required under this
Permit 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.
1.13
For
the purpose of this Permit, “commencement of the Project” does not include
works related to site preparation, archaeological rescue works for artifacts or
other works as agreed by the Director.
2.
Submissions or Measures
before Commencement of Certain Parts of the Project
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1
An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has
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 the duties
defined in the EM&A Manual submitted and approved under Condition 2.3 of
this Permit. 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. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the environmental impact assessment and each
and every non-compliance with the recommendations of the EIA Report (Register
No. AEIAR-055/2002) or this Permit.
This log-book shall be kept readily available for inspection by all
persons assisting in supervision of the implementation of the EIA Report
recommendations and this Permit or by the Director or his authorized
officers. Failure to maintain
records in the log-book, failure to discharge the duties of the ET Leader as
defined in the EM&A Manual or failure to comply with this Condition would
entitle the Director to require the Permit Holder by notice in writing to
replace the ET Leader. Failure by
the Permit Holder to make replacement, or further failure to keep
contemporaneous records in the log-book despite the employment of a new ET
Leader may render the Permit liable to suspension, cancellation or
variation. The ET shall not be in
any way an associated body of the Independent Environmental Checker (IEC) for
the Project.
2.2
An
Independent Environmental Checker (IEC) shall be employed by the Permit Holder
no later than one month before the commencement of the Project. The IEC shall
be a person who has 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 submitted and approved under Condition 2.3 of this Permit, and
shall audit the overall EM&A programme described in the EIA Report
(Register No. AEIAR-055/2002), including the implementation of all
environmental mitigation measures, submissions required in the EM&A Manual,
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. The IEC shall verify the log-book(s)
mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within 24 hours of
each and every occurrence, change of circumstances or non-compliance with the
EIA Report (Register No. AEIAR-055/2002) or this Permit, which might affect the
monitoring or control of adverse environmental impact. Where the IEC fails to so notify the
Director of the same, fails to discharge the duties of the IEC as defined the
EM&A Manual or fails to comply with this Condition, the Director may
require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed
or further failure to so notify the Director despite employment of a new IEC
may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is
the same as notification by the IEC for the purpose of this Condition. The IEC shall not be in any way an
associated body of the Contractor or the Environmental Team for the Project.
Submission of the Environmental Monitoring and Audit
(EM&A) Manual including Environmental Management System, Safety and
Precautionary Measures, etc.
2.3
No
later than one month before the commencement of the Project, the Permit Holder
shall submit to the Director for approval four hard copies and one electronic
copy of an EM&A Manual for the Project. Before submission to the Director, the EM&A Manual shall
be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report. The EM&A Manual shall include
requirements of setting up an environmental management system and health and
safety plan (as stated in Section 4.220 – 4.222 of the EIA Report) for the entire
project period, monitoring of dioxin emission at the thermal desorption plant,
as described in Condition 4.9 of this Permit, monitoring of Rice Fish at the
re-created habitat at the Mong Tung Hang Stream (MTHS), as described in
Condition 4.10 of this Permit, and monitoring of restricted/protected plants at
Tai Tam, as described in Condition 4.11 of this Permit. All measures recommended in the
approved EM&A Manual shall be fully and properly implemented in accordance
with the requirements and time schedule(s) set out in the EM&A Manual. The EM&A Manual approved under this
Condition shall hereinafter be referred to as the “EM&A Manual”.
Submission of Method Statement of the Project
2.4
Five
hard copies and one electronic copy of the Method Statement of the Project
shall be submitted to the Director for approval. The Method Statement shall be certified by the ET Leader and
verified by the IEC as conforming to the information and recommendations
contained in the EIA Report prior to submission. No soil excavation shall be commenced before the Method
Statement is approved by the Director. The Method Statement shall detail
methodologies, procedures and associated environmental mitigation measures on
the following events:
(i)
soil
excavation at the Cheoy Lee Shipyard (CLS) site including the details of
confirmation sampling and testing at boundary of excavation to verify complete
excavation of contaminated soils;
(ii)
treatability
tests for thermal desorption process, cement solidification and biopiling;
(iii)
transportation
of dioxin contaminated soils from the CLS site to To Kau Wan (TKW) site,
storage and handling of dioxin contaminated soils at TKW site
(iv)
transportation
of oily residue generated from the thermal desorption process from TKW site to
the Chemical Waste Treatment Centre (CWTC) in Tsing Yi;
(v)
provision
and operation requirements of equipment and personal decontamination facilities
(e.g. wheel wash facilities and decontamination sheds);
(vi)
control
measures for explosion and fire hazards (including use of nitrogen/inert gas as
sweep gas to provide inert environment, negative pressure to prevent fugitive
emissions, air sealed system, pressure relief vent, explosion proof equipment,
fire suppression system, redundant temperature alarms, automated computer
control and no gaseous fuel storage facility at the TKW site); and
(vii)
contingency
Plan for handling of accidents including spillage of contaminated soils and/or
oily residue.
The
Method Statement approved under this Condition shall hereinafter be referred to
as the “Method Statement”. All measures recommended in the Method Statement
shall be fully and properly implemented by the Permit Holder and any person
working on the Project throughout the project period. The locations of the CLS
site and the TKW site are shown in Figure
1 of this Permit.
Submission of
Treatability Test Report for Thermal Desorption Process
2.5
A
treatability test on thermal desorption process with dioxin-contaminated soils
taken from representative location at the CLS site shall be conducted in
accordance with the Method Statement to demonstrate treatment efficiency and
determine the operating parameters. Three hard copies and one electronic copy
of the treatability test report shall be submitted to the Director for approval
within 4 weeks after the availability of the analytical results. The thermal
desorption process for soil remediation shall not be commenced prior to the
approval of the treatability test report.
Submission of
Treatability Test Report for Biopiling and Cement Solidification
2.6
Treatability
tests on biopiling and cement solidification processes with contaminated soils
taken from representative locations at the CLS site shall be conducted in
accordance with the Method Statement to demonstrate treatment efficiency and
determine the operating parameters. Three hard copies and one electronic copy
of the treatability test report shall be submitted to the Director for approval
within 4 weeks after the availability of the analytical results. The biopiling
and cement solidification processes for soil remediation shall not be commenced
prior to the approval of the treatability test report.
Submission of Remediation Plan
2.7
Five
hard copies and one electronic copy of Remediation Plan of the Project shall be
submitted to the Director for approval.
The Remediation Plan shall detail the methodologies, procedures and
environmental mitigation measures on remediation process for different types of
contaminated soils and a confirmation sampling and testing plan for treated
soils to verify that the cleanup target levels have been reached. The
Remediation Plan shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the EIA Report
prior to submission. The thermal
desorption, biopiling and cement solidification processes for soil remediation
shall not be commenced prior to approval of the Remediation Plan by the
Director. All measures recommended in the approved Remediation Plan shall be
fully and properly implemented by the Permit Holder and any person working on
the Project throughout the project period.
Submission of Demolition Plan
2.8
Building
sampling shall be carried out in buildings containing contaminated indoor
surfaces to characterize the contaminants present on the building surface and
identify suitable methods for decontamination.. After contaminants
characterisation, three hard copies and one electronic copy of a Demolition
Plan shall be prepared and deposited with the Director prior to any building
demolition to recommend the indoor surface decontamination protocols, the
demolition method and the associated environmental mitigation measures. All measures recommended in the
submitted Demolition Plan shall be fully and properly implemented by the Permit
Holder and any person working on the Project throughout the project period.
Submission of Detailed Transplantation Proposal for
Restricted/Protected Plant Species
2.9
The
Permit Holder shall deposit with the Director three hard copies and one
electronic copy of a Detailed Transplantation Proposal for restricted/protected
plant species at least 8 weeks before commencement of any construction work
(except for the site preparation works as described in Conditions 3.4 to 3.10
of this Permit) within Area A as shown in Figure
2 of this Permit. The detailed
transplantation proposal shall include the following information:
(i)
Qualification
of the specialists to be involved in the seed collection, transplantation and
preparation of receptor sites;
(ii)
Detailed
arrangements for the preparation of receptor sites, including details on site
locations, works schedule, site works required and any pre-transplantation
monitoring required;
(iii)
Detailed
schedule for collecting seeds and transplantation of each restricted/protected
plant species that will be affected by the Project;
(iv)
Transportation
arrangement between the project site and the receptor sites;
(v)
Detailed
arrangements with specialist storage facilities (including both local and
overseas facilities where applicable); and
(vi)
Contingency
plan in case the transplantation is unsuccessful including personnel or parties
to be responsible for implementing the contingency plan.
All
measures recommended in the submitted Detailed Transplantation Proposal shall
be fully and properly implemented by the Permit Holder and any person working
on the Project throughout the project period.
Submission of Detailed Translocation Proposal for
Rice Fish at MTHS
2.10
The
Permit Holder shall deposit with the Director three hard copies and one
electronic copy of a Detailed Translocation Proposal for Rice Fish at the MTHS
at least 8 weeks before commencement of any construction work (except for the
site preparation works as described in Conditions 3.4 to 3.10 of this Permit)
within Area A as shown in Figure 2 of
this Permit. The detailed
translocation proposal shall include the following information:
(i)
Qualification
of the specialists to be involved in the Rice Fish survey, maintenance of the
holding facilities for Rice Fish and care for the captive fish, and preparation
of the re-created habitat at the MTHS for Rice Fish;
(ii)
Detailed
arrangements for the preparation of the re-created habitat at the MTHS,
including details on site locations, works schedule, site works required and
any pre-translocation monitoring required;
(iii)
Detailed
arrangement for the preparation of the holding facilities (if required),
including details on site locations, work schedule, set up required and any
pre-holding monitoring required;
(iv)
Detailed
schedule for the field survey and translocation for Rice Fish; and
(v)
Transportation
arrangement between the project site and the holding facilities if Rice Fish
are found;
(vi)
Detailed
arrangement with the holding facilities.
All
measures recommended in the submitted Detailed Translocation Proposal shall be
fully and properly implemented by the Permit Holder and any person working on
the Project throughout the project period.
Measures to Mitigate Ecological Impacts
2.11
No
construction work, except for site preparation works as described in Conditions
3.4 to 3.10 of this Permit, within Area A as shown in Figure 2 of this Permit shall be
commenced prior to the completion of the following ecological mitigation
measures:
(i)
transplantation
of the restricted/protected plants as described in Condition 3.55 of this
Permit; and
(ii)
field
surveys for Rice Fish at the MTHS and translocation of the Rice Fish to holding
facilities (if found) as described in Condition 3.56 of this Permit.
High Degree of Transparency of the Project
2.12
All
environmental monitoring and audit data and results, the approved EM&A
Manual and all submissions required by this Permit and all performance test
data and results required by this Permit shall be made available by the Permit
Holder to the public through a dedicated web site to be set up by the Permit
Holder under Condition 5.2 below, in the shortest possible time and in no event
later than two weeks after such information is available.
3. Submissions or Measures for Certain
Parts of the Project
Management
Organization of Main Construction Companies
3.1
The
Permit Holder shall, within one month after the commencement 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
Project. The submitted information
shall include at least an organization chart, names of responsible persons and
their contact details.
Submission of the Waste Management Plan (WMP)
3.2
The
Permit Holder shall, within one month after the commencement of the Project,
submit to the Director for approval three hard copies and one electronic copy
of a Waste Management Plan (WMP) for the Project. Before submission to the Director, the WMP shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report. The WMP shall describe the arrangements
for avoidance, reuse, recovery and recycling, storage, collection, treatment
including dewatering of spoil and disposal of different categories of waste to
be generated from the activities of the Project and shall indicate the disposal
location(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included
in the WMP. Decontaminated soils,
surplus clean excavated spoil and other wastes shall only be disposed of at
designated disposal locations unless otherwise approved by the Director. All measures recommended in the
approved WMP shall be fully and properly implemented by the Permit Holder and
any person working on the Project throughout the project period.
3.3
No
disposal of waste, spoil, soil, excavated materials or materials alike arising
from the Project shall be allowed at any locations unless otherwise approved by
the Director under Condition 3.2.
Measures for Site Preparation and Subsequent Control
of Contamination
3.4
Catchpits,
perimeter channels and silt removal facilities shall be constructed in advance
of site formation works and earthworks. Channels, earth bunds or sand bag
barriers shall be provided on site to direct stormwater to silt removal
facilities. Clearance of the deposited silt and grit in the silt removal facilities
shall be conducted at least once per week for all silt removal facilities and
associated channels and manholes.
3.5
The
contaminated zone of the project site, including areas of excavation, storage
of contaminated soils, storage of treated soils waiting for results of
compliance tests and any treatment facilities, shall be clearly defined with 2
metre high fencing prior to any soil excavation for land remediation to avoid
unauthorized entry.
3.6
A
decontamination pad/unit shall be provided and maintained at every exit of the
contaminated zone for vehicles, equipment and personal decontamination at both
the CLS site and the TKW site. All
vehicles and equipment shall be cleaned by steam cleaning or other cleaning methods
as described in the Method Statement before leaving the contaminated zone.
3.7
A
wheel washing bay shall be constructed and maintained at every site exit
throughout the entire period of decontamination and treatment works at both the
CLS site and the TKW site to avoid soils depositing on roads during
transportation.
3.8
Two
wastewater treatment facilities shall be provided and maintained, one at the
CLS site and the other at the TKW site to treat the wastewater from wheel wash,
the wastewater from equipment decontamination, leachate and other contaminated
water. Each of the wastewater treatment facilities shall have an influent
holding tank of at least 180 m3 in capacity.
3.9
The
wastewater treatment facilities as described in Condition 3.8 of this Permit
shall deploy flocculation, sedimentation and activated carbon filtering for
treatment unless otherwise agreed with the Director.
3.10
The
storage areas for fuel tanks and/or chemicals shall be surrounded by bunds with
a holding capacity of at least 110% of the storage capacity of the largest tank
to prevent any spilled oil, fuel and chemicals from reaching the receiving
waters. All fuel tanks and chemical storage areas shall be provided with locks
and be sited on areas paved with concrete or impermeable sheet.
Measures for Soil Excavation and Soil Handling
3.11
The
top layer soils shall be sprayed with fine misting of water immediately before
the excavation to control dust emissions.
3.12
During excavation, where free product of Total
Petroleum Hydrocarbons (TPH) is detected at groundwater surface including the
excavation at Building D as shown in Figure
3 of this Permit, the free product shall be skimmed off, containerised and disposed
of properly in accordance with the Waste Management Plan as approved under
Condition 3.2 of this Permit. Monitoring of free product and sampling/analysis
of groundwater shall be conducted to ensure complete removal of the free
product.
3.13
Where dewatering is necessary during
excavation, the groundwater shall be recharged within 10m of the extraction
point and below the water table.
Monitoring of groundwater level shall be undertaken to ensure
insignificant migration of contaminant in groundwater or soils due to locally
risen groundwater level.
3.14
Excavation
of dioxins contaminated soils shall be limited to 200 m3/hr. Excavation of styrene and chromium VI
contaminated soils shall be limited to 20 m3/hr. The actual hourly excavation rates for
dioxin contaminated soils and chromium VI contaminated soils shall be recorded
in the log-book described in Condition 2.1 of this Permit and reported in the
monthly EM&A Reports as described in Condition 4.3 of this Permit. The
locations of contaminated soils as identified in the EIA report are shown in Figure 4 of this Permit.
3.15
Excavated
soils shall be loaded directly onto vehicles for transportation of contaminated
soils at the point of excavation to avoid stockpiling of contaminated soils and
minimise double handling and any associated loss.
3.16
After excavation, confirmation sampling and
testing shall be conducted in accordance with the Remediation Plan as described
in Condition 2.7 of this Permit to ensure complete excavation of contaminated
soils.
3.17
Handling
process of contaminated soils such as screening and crushing shall be conducted
in an roofed and sheltered environment which shall be bottom lined with
concrete or impermeable sheet.
Measures for Transportation of Contaminated Soils
from CLS Site to TKW Site
3.18
All contaminated soils which require to be
transported from the CLS site to the TKW site shall be transported via a
dedicated road access as shown in Figure
5 of this Permit to minimise interface with public road. No other transportation route shall be
used unless otherwise agreed with the Director. The entire dedicated road access shall be properly
illuminated if there are any night works.
Action Levels and Cleanup Targets for Land
Remediation
3.19
Land
decontamination works of the Project shall be carried out to comply with the
action levels as described in Appendix A of
the Permit and the cleanup targets as described in Appendix B of this Permit. The action levels
and cleanup targets for dioxins are 1ppb I-TEQ for soils that will be left or
placed below 3m of clean fill; and 0.1ppb I-TEQ for soils that will be left or
placed from ground surface to 3m deep.
Measure for Treatment of Non-Dioxin Contaminated
Soils
3.20
Soil
contaminated with Total Petroleum Hydrocarbons (TPH) and/or
Semi-Volatile Organic Compounds (SVOCs) only shall be treated by biopiling
method at the TKW site.
3.21
Soil
contaminated with metals and TPH / SVOCs shall be treated
by biopiling method for organic contaminants and followed by cement
solidification for metal contaminants at the TKW site.
3.22
Soil
contaminated with metals only shall be treated by cement
solidification method at the CLS site.
Measure for Transportation of Dioxin Contaminated
Soils
3.23
Dioxin
contaminated soils shall be transported in enclosed, sealed containers securely
attached to the transportation vehicle.
The trucks delivering dioxin-contaminated soils from the CLS site to TKW
site shall be escorted by two other vehicles, one in the front and the other at
the back. The escort shall be
undertaken by personnel trained on chemical waste handling. The vehicles for
escorting shall be equipped with equipment for handling and clean-up of
spillage of dioxin contaminated soil.
Measure for Storage of Dioxin Contaminated Soils
3.24
All
storage facilities for dioxin-contaminated soils shall be enclosed and bottom
lined with concrete to prevent generation of contaminated runoff. A leachate sump shall be installed at
each facility to collect any leachate from the soil stack. All leachate
collected shall be directed to the wastewater treatment facilities as described
in Condition 3.8 of this Permit for treatment.
Measure for Treatment of Dioxin Contaminated Soils
3.25
Soil
contaminated with dioxins, Total Petroleum Hydrocarbons
(TPH) / Semi-Volatile Organic Compounds (SVOCs) and metals shall be processed
by thermal desorption system followed by cement solidification method as
defined in the Remediation Plan as described in Condition 2.7 of this
Permit. Oily residue generated
from the thermal desorption process shall be incinerated at the Chemical Waste
Treatment Centre (CWTC) in Tsing Yi.
Measure for Handling of Dioxin Contaminated Soils
3.26
Handling
process of dioxin contaminated soils such as screening and crushing shall be
conducted in the storage facility at the TWK site as described in Condition
3.24 of this Permit or a similar sheltered and paved environment as agreed with
the Director.
Measures
for Thermal Desorption Process
3.27
Indirect thermal desorption process shall be
used and no direct fire shall contact with the dioxin contaminated soil.
3.28
The indirect fired kiln of the thermal
desorption plant at the TKW site shall be of fully enclosed design so that no
vapour desorbed from the contaminated soils will be allowed to escape. The
vapour desorbed shall be treated by cooling and quenching, filter bag house,
condensing, mist eliminators, HEPA filters and thermal oxidiser with backup
activated carbon filter system unless otherwise approved by the Director.
3.29
The design of the thermal desorption plant
shall allow no more than 0.0001% of dioxins, SVOCs and Polycyclic Aromatic
Hydrocarbons (PAHs) from the soils to escape as gaseous pollutants. The
emission limits from the thermal desorption plant shall be limited to 0.1ng
I-TEQ/m3 for dioxins (expressed at 298K, 1 atmosphere, dry and 11%
oxygen content condition) with exhaust gas flow rate of no more than 60m3/min.
Any flue stack of the thermal desorption plant shall be of at least 10m above
ground.
3.30
The thermal desorption plant shall be equipped
with computerised fail safe system that will automatically shut off the soil
feed system if malfunction of the thermal desorption plant is detected.
3.31
The feed tanks for the oil/water separator, the
oil/water separator, the dissolved air flotation unit and the storage tank for
the oily residue of the thermal desorption plant shall all be enclosed and
vented via the HEPA filter and the thermal oxidizer/activated carbon column.
3.32
Gaseous fuel shall be used for soil heating
process in the thermal desorption plant unless otherwise approved by the
Director.
3.33
The
site of the thermal desorption plant at TKW shall be paved with concrete. A
continuous, impermeable, concrete bund of at least 20cm high shall be
constructed at the perimeter of thermal desorption plant to collect any runoff
within the plant for treatment at the wastewater treatment facilities as
described in Condition 3.8 of this Permit throughout the operation of the
thermal desorption plant.
Measures for Transportation of Oily Residue
3.34
The oily residue shall be delivered in enclosed
drums from the TKW site to the CWTC by vehicles licensed under the Waste
Disposal (Chemical Waste)(General) Regulation. The delivery shall be undertaken during the period between 9
pm to 5 am on the next day to minimise potential impacts in case of accidents.
3.35
Delivery
of the oily residue from the To Kau Wan site to the CWTC in Tsing Yi shall
follow transport route as specified in Figure
6 of this Permit to avoid residential areas, unless otherwise approved by
the Director.
3.36
The
vehicles for delivery of oily residue shall be escorted by two other vehicles,
one in front and the other at the back.
3.37
To
determine the treatment efficiency of oily residue, a batch of the oily residue
shall be sent to the CWTC for a performance test. Three hard copies and one
electronic copy of a report of the performance test shall be submitted to the
Director for approval. The report shall include the results of the performance
test, treatment efficiency, the air emission results during the incineration of
the oily residue and a comparison of the air emission levels of incineration of
other organic wastes. Delivery of the oily residue to the CWTC shall not begin
until the performance test report is approved by the Director.
Measure for Transportation of Non-dioxin
Contaminated Soils
3.38
All
trucks used for transportation of non-dioxin contaminated soils shall be lined
with impermeable sheet to prevent spills and leakage. The contaminated soil shall be fully covered with
impermeable sheet.
Measures
for Biopiling Process at TKW Site
3.39
Impermeable
liner shall be placed at the bottom of the biopiles and leachate collection
sump shall be constructed along the perimeter of the biopiles to prevent
leachate from contaminating the underlying soil/groundwater. A continuous,
impermeable, concrete bund of at least 20cm high shall be constructed along the
perimeter of biopiles to prevent the runoff coming out from the contaminated
soil. All leachate collected shall
be treated in the wastewater treatment facilities as described in Condition 3.8
of this Permit. Biopiles after formation shall be covered by anchored
impermeable geotextiles to prevent contaminated runoff.
3.40
All biopiles shall be at all times covered by
impermeable sheeting to control air and water pollution.
3.41
Emission characterisation study for biopiling
process shall be conducted to determine parameters of the emission control
system of the biopiling process for identifying exact concentration of
individual species of Volatile Organic Compounds (VOCs).
3.42
All gases generated in the biopiling process
shall be collected and treated through carbon absorber with at least 99%
removal efficiency of Total Organic Compounds (TOC).
Measures
for Cement Solidification at CLS Site
3.43
The
designated stockpiling area at CLS site before receiving any contaminated soils
shall be concrete-paved or lined with impervious floor membrane and shall have
its perimeter constructed of a continuous, impermeable, concrete bund of at
least 20cm high in order to avoid any contaminated leachate from migrating out
of the area. The leachate shall be collected and treated at the wastewater
treatment facilities as described in Condition 3.8.
3.44
The
cement solidification facility at the CLS site including area of soil unloading,
loading and stockpiliing shall be roofed and sheltered to avoid generation of
dust and contaminated runoff.
3.45
The
lowest part of any pits used for solidification area at the CLS site shall be
above the water table to minimize the leaching of the contaminated soils. The bottom of any solidification pit
shall be completed lined with an impermeable membrane/sheet during the
solidification process.
Measure for Cement Solidification at To Kau Wan
3.46
The
designated stockpiling area for cement solidification at TKW site before
receiving any contaminated soils shall be concrete-paved or lined with
impervious floor membrane and shall have its perimeter constructed of a
continuous, impermeable, concrete bund of at least 20cm high in order to avoid
any contaminated leachate from migrating out of the area. The leachate shall be
collected and treated at the wastewater treatment facilities as described in
Condition 3.8.
3.47
The
cement solidification facility at the TKW site including area of soil
unloading, loading and stockpiling shall be roofed and sheltered to avoid
generation of dust and contaminated runoff.
Measures for Treated Soils
3.48
Upon completion of decontamination process
including thermal desorption process, biopiling treatment and solidification
treatment, confirmation sampling and testing shall be undertaken to ensure the
cleanup targets, as described in Condition 3.19 of this Permit, have been
attained. The confirmation
sampling frequency for treated soils shall not be less than one sample per 50 m3 for dioxin contaminated soils, and shall not be less than one sample
per 100 m3
for non-dioxin contaminated soils, unless otherwise
approved by the Director.
3.49
The
loading equipment/machines for handling contaminated soils at the CLS site and
the TKW site shall not be used to handle treated soils to avoid recontamination
of treated soil.
Measure
for Closure of the Decontamination Facilities at To Kau Wan
3.50
Prior to the dismantlement of the thermal
desorption plant at the TKW site, the plant shall be run with clean soil until
the processed soil from the thermal desorption plant was found to be complying
with the cleanup target of dioxins as described in Condition 3.19 of this
Permit.
3.51
The
containment structure and concrete floor at the TKW site shall be
decontaminated by scrabbling or other decontamination method approved by the
Director after completion of remediation. Confirmation
sampling and testing on the structure and concrete floor shall be undertaken
for to ensure the complete decontamination has been attained. A report of the confirmation sampling
and testing shall be deposited with the Director prior to the demolition prior
to the closure of the decontamination facilities of at the TKW site.
3.52
After breaking up and removal of the concrete
floor at the TKW site, confirmation sampling and testing on soil at the TKW
site shall be undertaken to confirm that remediation activities have not
contaminated the TKW site. A
confirmation sampling plan shall be submitted to the Director for approval
prior to the soil sampling. The
sampling and test results shall be submitted to the Director for approval
before the reinstatement and landscaping works at the TKW site as described in
Condition 3.53 of this Permit.
3.53
After the closure of the decontamination
facilities at the TKW site, the TKW site shall be reinstated to site condition
similar to that prior to any works of the Project and shall be landscaped at
least by hydroseeding on completion of the Project.
Measures to Mitigate Ecological Impacts
3.54
The
two areas of the protected Pitcher’s Plants (Nepenthes mirabilis) shall be protected in situ by fencing off the two areas with at least 2 metre high
fence with 10 metre buffer from the protected plants, as shown in Figure 7a of this Permit, to prevent
tipping, vehicle movement and encroachment of site workers onto these areas.
3.55
Restricted/protected
plants directly affected by the Project shown in Figures 7a, 7b and 7c of this Permit shall be transplanted
to suitable receptor sites that have been identified at Tai Tam Country Park as
shown in Figure 8. The transplantation
works shall be undertaken in accordance with the Detailed Transplantation
Proposal deposited under Condition 2.9 of this Permit. To maximize the
transplantation success, seeds shall be collected prior to transplantation and
kept in specialist storage facilities.
In case the transplantation is unsuccessful, the stored seeds shall be
germinated and cultivated, and reintroduced to the receptor sites. A 3-year
post-transplantation monitoring of the restricted/protected plants at Tai Tam
will be undertaken to ensure successful establishment of the plants concerned.
3.56
At
least two detailed surveys for the Rice Fish shall be carried out at the Mong
Tung Hang Stream (MTHS) in Penny’s Bay.
If Rice Fish are found in future surveys, they shall be temporarily
relocated to holding facilities. A recreated habitat suitable for the fish as
described in Figure 9 of this Permit
shall then be constructed at Mong Tung Hang Stream (MTHS), and the fish
returned to the habitat. Maintenance
of the holding facilities and care for the captive fish shall be undertaken
prior to relocation to the re-created habitat. If no Rice Fish are found in
future surveys, a captive population shall be sourced and the fish shall be
re-introduced to a re-created habitat at MTHS. The surveys for Rice Fish, translocation and re-creation of
Rice Fish habitat shall be undertaken in accordance with the Detailed
Translocation Proposal deposited under Condition 2.10 of this Permit.
3.57
At
least 100m long of the future drainage channel immediate downstream from the
re-created Rice Fish Habitat as described in Condition 3.56 of this Permit
shall be designed to mimic natural streams. Small weirs (10-20cm above the substrate level) shall be
provided along the course of the drainage channel to create a pool/rifle
sequence similar to natural stream habitats. Cobbles and boulders from the existing stream course shall
be added to the pool sections, to provide a suitable habitat for benthic
macro-invertebrates and other stream wildlife. Slopes of the drainage channel
above the high water mark shall be grasscreted.
3.58
Shotcrete
shall not be used for the slope works of the Project including Area A as shown
in Figure 2.
3.59
Hydroseeding
and planting of trees and shrubs including native species will be undertaken on
newly created slopes.
3.60
The
following measures will be implemented to minimize disturbance to the potential
Ardeid nesting sites near the TKW site:
(i)
The
construction of biopiles shall take place from October-February, outside of the
Ardeid breeding season.
(ii)
The
thermal desorption plant shall be located at the west of the TKW site.
Measures to Mitigate Cultural
Heritage Impacts
3.61
Archaeological
rescue excavation for artifacts shall be conducted at locations as shown in Figure 10.
3.62
The
archaeological rescue excavation team shall adopt the following precautionary
measures during the rescue excavation:
(i)
Impermeable
sheet shall be placed at the bottom of the stockpile of excavated soil to
prevent leachate from contaminating the underlying soil/groundwater.
(ii)
Temporary
stockpiles of excavated soil beside excavation areas shall be covered by impermeable
sheet to prevent dust emission and contaminated runoff.
(iii)
Any
excavated soils shall be backfilled on site after completion of the rescue
works.
3.63
Impermeable
sheeting shall be used to cover the archaeological potential site for areas
which are not subject to rescue excavation as shown in Figure 10.
3.64
Filling
work or ground level adjustment work shall be carried out to prevent any
waterlogged conditions in the archaeological potential site areas. The detailed design of the filling
works shall be deposited with the Director at least 4 weeks prior to the
commencement of the filling works.
4.1
The
EM&A programme shall be implemented as set out in the EM&A Manual
approved under Condition 2.3. Any
changes to the EM&A programme shall be justified by the IEC as conforming
to the requirements set out in the EM&A Manual and shall be submitted to
the Director for approval.
4.2
Four
hard copies of the Baseline Monitoring Report and one electronic copy in the
formats as specified in Condition 5.1 below shall be submitted to the Director
at least two weeks before the commencement of the Project. Additional copies of the submission
shall be provided to the Director upon request from the Director.
4.3
Four
hard copies and one electronic copy of monthly EM&A Reports shall be
submitted to the Director within 2 weeks after the end of the reporting
month. Additional copies of the
submission shall be provided to the Director upon request from the Director.
4.4
To
ensure a high degree of transparency regarding the monitoring data and results
in view of the public concern about the Project, all environmental monitoring
and audit data and results, the approved EM&A Manual and all submissions
and all performance test data and results required by this Permit shall be made
available by the Permit Holder to the public through a dedicated web site to be
set up by the Permit Holder under Condition 5.2 below, in the shortest possible
time and in no event later than 2 weeks after such information is available.
4.5
All
environmental monitoring and audit results submitted under this Permit shall be
true, valid and correct.
4.6
The
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 Plan, or as agreed by the Director.
4.7
The Permit Holder shall relay all environmental complaints
regarding the Project to the Environmental Team, IEC and the independent
Environmental Project Office (ENPO) in accordance with the EM&A Manual.
Visual Monitoring by Web Cameras
4.8
Within three months of the commencement of construction of the
Project, the Permit Holder shall install and thereafter maintain a system of
web cameras covering all major works areas at the CLS site and the TKW
site. The system shall provide
real time visual monitoring of the site condition accessible by public through
the dedicated web site set up by the Permit Holder under Condition 5.2. Within one month of the commencement of
the Project, the Permit Holder shall propose a plan and a system of web cameras
for the Director’s agreement.
Monitoring of Air Quality (including Dioxin
Emission)
4.9
Throughout
the entire period of the commissioning and operation of the thermal desorption
plant, both the stack monitoring of dioxin emissions from the air treatment
unit of the thermal desorption plant and the ambient monitoring of dioxins at
air sensitive receivers including (i) Penny’s Bay Power Station, (ii) Dockyard
next to TKW site and (iii) Toll Plaza Administration Building of North Lantau
Highway should be conducted at least once a month. Continuous emission
monitoring for surrogate gases including carbon monoxide, carbon dioxide,
oxygen and Total Organic Compounds (TOC) at the stack of the thermal desorption
process shall be carried out.
Monitoring of Rice Fish
4.10
The
monitoring of Rice Fish at the re-created habitat in the Mong Tung Hang Stream
(MTHS) shall be at least three years after the re-recreation of the habitat and
the translocation of the Rice Fish. When establishment of Rice Fish population
at the re-created habitat is found to be unsuccessful during the monitoring
period, further mitigation measures shall be submitted to the Director for
agreement.
Monitoring of
Restricted/Protected Plants
4.11
The
monitoring of the transplanted restricted/protected at Tai Tam shall be at
least three years.
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 EIA Ordinance Internet Website and at the EIA
Ordinance 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 4.2 and 4.3 of this Permit. For the HTML version, a content page capable of providing
hyperlink to each section and sub-section of the EM&A Reports shall be
included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the
EM&A Reports shall be provided in the main text from where the respective
references are made. All graphics
in the report shall be in interlaced GIF format unless otherwise agreed by the
Director. The content of the
electronic copies of these Reports shall be the same as the hard copies.
5.2 The
Permit Holder shall, set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed, within six weeks after the commencement of the Project. All environmental monitoring data
described in Condition 5.1 above shall be made available to the public via a
dedicated web site to be set up by the Permit Holder in the shortest possible
time and in no event later than 2 weeks after the relevant environmental
monitoring data are collected or become available, unless otherwise agreed with
the Director.
5.3 The internet website as described in
Condition 5.2 above shall enable user-friendly public access to the monitoring
data and project data including the EIA report and the environmental permit(s)
and project profile of the Project.
The internet website shall have features capable of : -
(a) providing
access to all environmental monitoring data collected since the commencement of
work;
(b) searching
by date;
(c) searching
by types of monitoring data (air quality and construction waste); and
(d) hyperlinks
to relevant monitoring data after searching;
or otherwise as agreed by the Director.
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). Any person
relying on this Permit should obtain independent legal advice on the legal
implications under the Ordinance, and that the following notes are for general
information only.
2.
If there is a breach of any condition of this
Permit, the Director or his authorised officer may, with the consent of the
Secretary, order the cessation of associated work until the remedial action is
taken in respect of the resultant environmental damage, and in that case the
Permit Holder shall not carry out any associated works without the permission
of the Director or his authorised officer.
3.
The Permit Holder may apply under Section 13 of
the Environmental Impact Assessment Ordinance (the “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 work site, by the amended Permit.
4.
A person who assumes responsibility for the
whole or a part of the Project may, before he assumes responsibility of the
Project, apply under Section 12 of the Ordinance to the Director for a further
Environmental Permit.
5.
Under Section 14 of the Ordinance, the Director
may with the consent of the Secretary for Environment and Food, suspend, vary
or cancel this Permit. The
suspended, varied or cancelled shall be removed from the display at the work site.
6.
If this Permit is cancelled or surrendered
during the implementation 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 carry out a designated project listed in Schedule 2 of the
Ordinance without a valid environmental permit.
7.
Any person who carry out 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 of indictment to a fine of
$2 million and imprisonment for 6 months;
(ii)
on a second or subsequent conviction on
indictment to a fine of $5 million and imprisonment for 2 years;
(iii)
on a first summary conviction to a fine at level
6 and imprisonment for 6 months;
(iv)
on a second or subsequent summary conviction to
a fine of $1 million and 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 that the offence continued.
8.
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.
9.
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.
10.
Occupational safety
and health issues are governed by the Occupational Safety and Health Ordinance
(Cap. 509), and Factories and Industrial Undertakings Ordinance (Cap.59). The
Permit Holder is advised to contact the Labour Department for requirements
relating to occupational safety and health issues.
Appendix A | Appendix B | Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6
Figure 7a | Figure 7b | Figure 7c | Figure 8 | Figure 9 | Figure 10
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