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
A DESIGNATED PROJECT
建 造 指 定 工 程 項 目 的 環 境 許 可 證

Pursuant to section 10 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this environmental permit to the DRAINAGE SERVICES DEPARTMENT (hereinafter referred to as the "Permit Holder") to construct the designated project described in Part B subject to the conditions specified and attached 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 第 10條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 )將 本 環 境 許 可 證 批 予 渠 務 署 (下 稱 "許 可 證 持 有 人 ")以 建 造 B部 所 說 明 的 指 定 工 程 項 目 ﹐ 但 須 遵 守 C部 所 指 明 或 附 載 的 條 件 。 本 環 境 許 可 證 的 發 出 ， 乃 依 據 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 as the "Permit"):-
下 列 為 本 環 境 許 可 證 (下 稱 "許 可 證 ")A部 所 提 及 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 (the Permit). Any non?compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (the Ordinance) and may become the subject of appropriate action being taken under the Ordinance.

1.2 This Permit Holder shall ensure full compliance with all legislation from time to time in force including without limitation to 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 understand all conditions and all requirements incorporated by the Permit. The site(s) refers to the site(s) of the construction 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(s).

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

1.7 The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and recommendations described in the EIA Report (EIAO Register No. EIA-129/BC) referred to in Part A of this Permit or mitigation measures described in this Permit; other relevant documents in the Register; 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 The Permit Holder shall notify the Director in writing the commencement date(s) of construction of the Project(s) at least 2 weeks before the commencement of construction of the Project(s). The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date(s) of the construction.

2. Measures during the Construction Period

2.1 The Pumping Station shall be a totally enclosed structure with a raft foundation.

2.2 The Permit Holder shall limit the number of exhaust fans to be installed for the Project to no more than seven. Exhaust fans installed shall be fitted with deodourizer.

2.3 After the installation of the exhaust fans, the Permit Holder shall gather documentation proof to demonstrate that the sound power level for each of the installed exhaust fan does not exceed 67dB(A). The document(s) shall be readily available at all times for inspection by the Director or his authorized officers at all sites/offices covered by this Permit.

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 that 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 sites, 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 for 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 Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction sites.

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

6. Any person who constructs 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.

Environmental Permit No. EP-125/2002

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