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

解 除 指 定 工 程 項 目 的 運 作 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 HOSPITAL AUTHORITY (hereinafter referred to as the "Permit Holder") to decommission a 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 醫 院 管 理 局 (下 稱 "許 可 證 持 有 人 ")以 解 除B部 所 說 明 的 指 定 工 程 項 目 的 運 作 ， 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 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) and 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 authorised 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 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's 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 in accordance with the project descriptions in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is decommissioned in accordance with the information and all recommendations described in the Project Profile (EIAO Register No. PP-150/2001); 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 deposited submissions, as required under this Permit, shall be rectified in accordance with the comments, if any made by the Director within one month of the receipt of the Director's comments or otherwise 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 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 the commencement date of decommissioning of the Project at least 1 week prior to the 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. Submissions and Measures before Commencement of the Project

2.1 The Permit Holder shall fully implement all measures described in the Project Profile (Register No. PP-150/2001).

3. Submissions and Measures during the Decommissioning of the Project

3.1 The Permit Holder shall thoroughly remove the ash or incineration residues attaching to the incinerator and flue section of the incinerator by scabbling.

3.2 The incineration ash, scabbled materials from the incinerator and the flue section of the incinerator as well as the filtered materials from the HEPA vacuum cleaner shall be stabilized on-site and placed into polythene lined steel drums for disposal at landfill. Such materials shall meet the Toxicity Characteristics Leaching Procedure (TCLP) limits, including dioxin and heavy metals, before disposing at landfill. The Permit Holder shall submit the TCLP test results to the Director for vetting whether the stabilization and disposal criteria are met. Disposal at the Chemical Waste Treatment Centre shall be a fallback option if the landfill disposal criteria cannot be met.

3.3 The pre-cleaned incinerator and flue section of the incinerator shall be wrapped with polythene fire retardant sheets prior to disposal at landfill.

3.4 Wastes generated from the containment or decontamination unit as described in section 3.2 of the Project Profile (Register No. PP-150/2001) including the fire retardant polythene sheets, protective clothing of the workers such as the coverall, nitrile glove, rubber boots, and materials used for wet wiping shall be disposed of at landfill.

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 the 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.

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