Environmental Permit No. EP-131/2002
環境許可證編號EP-131/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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
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 Special
Waste Facilities Group, Environmental Protection Department (hereinafter referred to
as the “Permit Holder”) to construct and operate 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環境保護署特別廢物組 土木工程署(下稱 “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-131 |
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Document in the Register : 登記冊上的文件： |
Low-level Radioactive
Waste Storage Facility – Environmental Impact and Safety Assessment (June
1995) (Register No. EIA-064/BC) [Hereinafter referred to as "the
Report"] 低放射性廢物儲存設施(1995年6月) (登記冊編號 : EIA-064/BC) 「下稱環境影響及安全評估報告」 許可証持有人提交的環境許可証申請文件 : (申請編號 : AEP-131/2002) |
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Date 日期 |
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(Elvis W. K. AU) Assistant
Director (Environmental
Assessment and Noise) for the Director
of Environmental Protection 環境保護署署長 (助理署長(環境評估及噪音)區偉光代行) |
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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:
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Title
of Designated Projects 指定工程項目的名稱 |
Low-level
Radioactive Waste Storage Facility
低放射性廢物儲存設施 |
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Nature of Designated Projects |
A Waste
disposal facility for industrial or special waste. 為工業廢物或特殊廢物而設的廢物處置設施 |
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Location
of Designated Projects 指定工程項目的地點 |
The Low-level radioactive storage
facility is located at Sum Wan, Siu A Chau as shown in Figure 1 attached to this Permit. 低放射性廢物儲存設施位於小鴉洲的深灣如本許可証圖一所示 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
A site of 0.6 ha constructed with a single storey building of
approximately 44x 24 m in size. Scope of the construction includes: (i)
civil engineering works, (ii)
building works including building services, and (iii)
operation of the facility 在0.6公頃ェ地內興建一座約面積約４４米X２４米的單層建築物。工程範圍包括： (i)
土木工程； (ii)
興建建築物包括有關使用設施； (iii)
該設施的營辦 |
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), 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 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 construction and operation 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 construction 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 construction
site(s).
1.6
The Permit Holder shall construct and operate the Project as
described 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. EIA-064/BC); 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 submission.
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 construction of the Project no later than 4 weeks prior to
the 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.
1.13
For the purpose of this permit, “commencement of construction”
does not include works related to site clearance and preparations, or other
works as agreed by the Director.
2. Specific
conditions
2.1
An Environmental Team (ET) shall be established by the Permit
Holder no later than one month before the commencement of construction of the
Project(s). The ET shall not be in any way an associated body of the Contractor
or the Independent Environmental Checker (IEC) for the Project(s).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 and the ET Leader shall be responsible for the
implementation of the EM&A programme in accordance with the requirements as
contained in the EM&A Manual. The ET Leader shall keep a contemporaneous
log-book of each and every 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 or this Permit. This log-book shall
be kept readily available for inspection by all persons assisting in
supervision of the implementation of the recommendations of the EIA Report 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.
2.2
An
IEC shall be employed by the Permit Holder no later than one month before the
commencement of construction of the waste storage building. The IEC shall not
be in any way an associated body of the Contractor or the ET for the
Project(s). The IEC shall be a person who has at least 7 years' experience in
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 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 change of circumstances or
non-compliance with the recommendations of the EIA Report or this Permit, which
might affect the monitoring or control of adverse environmental impacts from
the Project(s). In case the IEC fails to so notify the Director of the same,
fails to discharge the duties of the IEC as defined in 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.
2.3
No
later than one month before commence of construction, the Permit Holder shall
shall deposit with the Director the detail design of the LRWF. The Plan shall be certified by the ET
leader and verified by the IEC as conforming to the information with respect to
the radiological standards and safety principles contained in Section 5.3 of
the Environmental Impact and safety Assessment Report (Register No. EIA-064/BC)
2.4
The Permit Holder shall, within 4 weeks 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.
Monitoring of Environmenal and Radiological Impact
etc.
2.5
No
later than one month before the commencement of construction of the Project, the
Permit Holder shall submit to the Director for approval 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 Environmental Impact and
Safety Assessment. The EM&A Manual shall include the latest information of
the EM&A programme for the ecological and water quality monitoring during
the construction and operation of the LRWF. 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".
The EM&A Manual shall include a proposal for radiological monitoring
as outlined in the Environmental Impact and safety Assessment.
Measures to Mitigate Ecological Impact
2.6
The
Permit Holder shall restore the grassland and low shrub habitat affected by the
construction works with the use of native, local grass and shrub species.
Shotcrete shall not be used for re-establishment of the cut slope behind the
LRWF.
Measures to Mitigate Water Quality Impact
2.7
The
Permit Holder shall operate the LRWF as dry facility with no production of
radioactive liquid effluent.
2.8
The
Permit Holder shall use ventilated dry latrine type toilets at the LRWF unless
otherwise agreed by the Director.
2.9
The
Permit Holder shall use electric powered vehicles at the LRWF unless otherwise
agreed by the Director.
Measures to Mitigate Visual Impact
2.10
The
maximum building height shall not exceed 14 mPD.
2.11
The
LRWF shall be an enclosed structure constructed with reinforced concrete or structure
steel frame of area about 44m by 24m and with an elevation of 6.5m.
2.12
The
LRWF shall be constructed with a sloping flat tiled roof fitted with
waterproofing materials. The column and the external wall of the LRWF shall be
wrapped with natural stone cradding to help integrate the structure into the
nature setting.
2.13
The
hardstanding area of the LRWF shall be constructed on the coastal side of the
Facility.
2.14
The
external surfaces of the LWRF shall be in subdued colour to match with the surroundings
before operation.
3.
Environmental
Monitoring and Audit (EM&A) during the Construction Period
3.1
The
Permit Holder shall implement the EM&A programme in accordance with the
procedures and requirements in the EM&A Manual. Any changes to the programme
shall be justified by the IEC as conforming to the requirements set out in the
EM&A Manual and shall be approved by the Director.
3.2
The
Permit Holder shall take samples and measurements in accordance with the
requirements in the EM&A Manual by:
(a) conducting
baseline monitoring on water quality, noise and air quality as set out in the
EM&A Manual;
(b) conducting
impact monitoring on water quality, noise and air quality as set out in the
EM&A Manual;
(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 for all parameters
except for construction noise, within 3 working days of the collection of data
or completion of remedial action(s), for the purposes of preparing and
submitting the monthly EM&A Reports and to make available the information
for inspection on site.
3.3
All
environmental monitoring and audit data submitted under this Permit shall be
true and correct.
3.4
Two
hard copies and one electronic copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before the commencement of any construction
works. 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.
3.5
Two
hard copies and one electronic copy of monthly EM&A Report shall be submitted
to the Director within 2 weeks after the end of the reporting month. The
submission shall be certified by the ET Leader and verified by the IEC.
Additional copies of the submission shall be provided to the Director upon
request from the Director.
3.6
The
Permit Holder shall fully and properly carry out actions described in the
Event/Action Plans of the EM&A Manual, in accordance with the time frame
set out in the Event/Action Plans, or as agreed by the Director.
4.
Electronic
Reporting of EM&A Information
4.1
To
facilitate public inspection of the 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 5.2 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.
4.2
All
environmental monitoring results described in Condition 4.1 above shall be made
available to the public via internet access in the shortest possible time and
in no event later than 2 weeks after the relevant environmental monitoring
results are collected or become available, unless otherwise agreed with the
Director. The Permit Holder shall notify the Director in writing, within 6
weeks after the commencement of works, the internet address where the
environmental monitoring data are to be placed. The internet address and the
relevant environmental monitoring results shall be made available to the public
via the EIAO Internet Website and the EIAO Register Office.
4.3
The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data with features capable of:
(a) providing access to all
environmental monitoring data collected since the commencement of works;
(b)
searching by date;
(c)
searching by types of monitoring data; and
(d)
hyperlinking to relevant monitoring data after searching;
or
otherwise as agreed by the Director.
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.
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