Environmental Permit No.
EP-152/2003
環境許可證編號:EP-152/2003
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 PART OF THE
DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
PART A (MAIN PERMIT)
A部
(許可證主要部分)
Pursuant to Section 10 of
the Environmental Impact Assessment Ordinance (the EIAO), the Director of
Environmental Protection (the Director) grants this Environmental Permit to MAIN
WEALTH COMPANY LIMITED(hereinafter referred to as the “Permit
Holder”) to construct, operate the reclamation
and decommission theship building and repairing
facilities as 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第10條的規定，環境保護署署長(署長)將本環境許可證批予滿偉發展有限公司(下稱“許可證持有人”)以建造及運作B部所說明的填海工程及解除B部所說明的船舶建造及修理設施，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.
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AEP-152/2002
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Document
in the Register:
登記冊上的文件：
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(1) Environmental Impact Assessment for Yau
Tong Bay Development – Reclamation of Yau Tong Bay (Register No. AEIAR-053/2002)
油塘灣發展計劃 - 油塘灣填海工程環境影響評估
(登記冊編號：AEIAR-053/2002)
- Environmental Impact Assessment
Report (Final) (January 2002)
– Volume 1 and Volume 2 [hereinafter
referred to as the "EIA Report"]
- 環境影響評估最終報告 (2002年1月) -
– 第一冊和第二冊 [下稱「環評報告」]
- Environmental
Monitoring and Audit Manual (January
2002)
- 環境監察審核手冊 (2002年1月)
- Executive Summary (January
2002)
- 摘要 (2002年1月)
(2) The Director’s
letter of approval of the EIA Report dated 8.4.2002 in (18) in EP2/K15/C/06
Part 4
署長已於2002年4月8日發出該環評報告的批准信，檔案編號(18)
in EP2/K15/C/06 Part 4
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(3) Application
documents including all attachments submitted by the Permit Holder on 31.12.2002
(Application No. AEP-152/2002)
- Attachment: “Proposal of
Independent Environmental Auditing (for Private Development)”
申請文件包括許可證持有人於2002年12月31日提交的所有附件 (申請書編號 AEP-152/2002) [下稱「申請書」]
- 附件:獨立環境審核建議書 (私人發展項目)
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29
January 2003
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Date
日期
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(Elvis
Au)
Assistant
Director of Environmental Protection
(Environmental
Assessment and Noise)
for
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 PROJECTS)
B部
(指定工程項目的說明)
Hereunder is the
description of the designated projects 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
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1) Reclamation of Yau
Tong Bay (YTB) [this is referred hereafter
as “the
Reclamation Project”]
2) Decommissioning of the ship building and repairing facilities at the marine lots within Yau Tong
Bay [this is referred hereafter as “the
Decommissioning Project”]
[The
above designated projectsarecollectively referred to as “the Project”hereinafter]
1) 油塘灣填海工程 [下稱「填海工程」]
2) 解除位於油塘灣的船舶建造及修理設施[下稱「解除工程」]
[以上指定工程項目合稱「工程項目」]
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Nature
of Designated Projects
指定工程項目的性質
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1) Reclamation of more
than 5 ha in size
2) Decommissioning of
ship building and repairing facilities more than 1 ha in size
1) 面積大於五公頃之填海工程。
2) 解除面積一公頃以上的船舶建造及修理設施。
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Location
of Designated Project
指定工程項目的地點
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Yau Tong Bay. The location of the project is shown
in Figure 1 attached to this Permit.
油塘灣。圖 1 顯示工程項目的位置。
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Scale and Scope of Designated Project(s)
指定工程項目的規模和範圍
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1) Reclamation of about
12 hectares of YTB to form land for the proposed Yau Tong Bay Comprehensive
Development Area (CDA). Also
include construction of seawall and movable concrete decking, diversion of
existing drainage outfall, provision of new stormwater drainage / sewerage
systems, and infrastructure for the future Yau Tong Bay CDA.
2) Decommissioning of the
marine lots (about 9.6 ha in size) which have the potential history of land
contamination due to ship building and repairing facilities; and demolition
of existing building structures at the marine lots / government lots within
Yau Tong Bay for the future Yau Tong CDA.
1) 於油塘灣進行面積為十二公頃的填海，以提供土地發展計劃中的油塘綜合發展項目。工程並包括建造海堤和石屎平台、更改現有雨水渠排水口和於新填海區上興建新的雨水/污水渠、基建設施以配合未來綜合發展項目。
2) 解除油塘灣海旁地段上(面積大約9.6 公頃)的船舶建造及修理設施和拆除其他現有建築物以配合未來綜合發展項目。
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PART
C (PERMIT CONDITIONS)
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 (EIA) 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 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) and Waste
Disposal Ordinance (Cap.354). This Permit does not of itself (a) constitute any
ground of defence
against any proceedings instituted under any legislation or (b) imply any
approval 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 EIA
Ordinance Register Office.
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 reclamationand/or
decommissioning Project(s)
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 construction
site(s).
1.6
The Permit Holder shall construct
andoperate
the reclamation, and decommission theshipbuilding and repairing facilities as described
in Part B of this Permit.
1.7
The Permit Holder shall ensure that the reclamation
is designed, constructed and operated, and the ship building and
repairing facilities are decommissioned,in accordance with the information and recommendations described in the EIA
report (Register No. AEIAR-053/2002); other relevant documents in the EIA Ordinance Register Office; and the information or
mitigation measures described in this Permit, and
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, and
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 EIA Ordinance Register Office 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 2.2 and 2.3 below, before submitting to the Director under the
Permit. All submissions or any variation of the submissions in
relation to the soil remediation work shall be confirmed by
the Independent Environmental Auditor (IEA) referred to in
Condition 2.4 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 EIA 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 dates of the
Reclamation
and the Decommissioning Projectsat least one month before the
commencement of the respective parts of the Project. The Permit Holder shall
notify the Director in writing immediately if there is any change of the
commencement dates.
1.12
All submissions to the Director required under this Permit shall be delivered
either in person or by registered mail to the EIA 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", "commencement of the Decommissioning Project"and
"commencement of the
Reclamation Project " do not include works related to site clearance and preparation,
or other works as agreed by the Director.
2. Submission
and Measures before Commencement of the Reclamation and the Decommissioning
Project(s)
Submission of
2.1
The
Permit Holder shall deposit a schedule of works
to the Director no later than one week before the commencement of the Reclamation Project or
the Decommissioning Project, whichever is the earlier. The schedule shall provide information on
:
a)
the
ET(s), IEC and IEA appointed for the Decommissioning Project and the
Reclamation Project and their
responsibilities;
b)
the Contractor(s)
appointed for the Decommissioning Project and the
Reclamation Project and an organization chart showing the
relationship and line of communication between the Permit Holder, the
Contractor(s), the ET, the IEC and the IEA;
c)
when
available, the land
resumption programme of the lotsas listed under condition 2.13(a);
d)
when
available, the demolition and soil remediation
work schedule for each lot;
e)
the
anticipated completion date for the soilremediation work
and the
reclamation work; and
f)
the
anticipated schedule for submissions to reflect requirements
as set out in this permit.
Employment
of Environmental Monitoring & Audit (EM&A) Personnel
2.2
An Environmental Team (ET) shall be established by the Permit Holder no
later than one month before the commencement
of the Reclamation Project
or the Decommissioning Project, which ever is the earlier. The ET shall be headed by an
ET Leader. The ET Leader shall be
a person who has at least 7 years’
experience in EM&A,environmental management
plus soil remediation work. The ET and 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 EIA report (Register No. AEIAR-053/2002) and the approved EM&A Manual
submitted under condition 2.7 of this Permit.
2.3
An IEC
shall be employed by the Permit Holder at least one month before the commencement of the Reclamation Project
or the Decommissioning Project, whichever is the earlier. The IEC shall be a person who
has at least 7 years’ experience in EM&A or environmental management
plus soil remediation work. The IEC shall be responsible for
duties defined in the EM&A Manual submitted and approved under Condition 2.7
of this Permit, and
shall audit the overall EM&A
programme described in the EIA report (Register No. AEIAR-053/2002)
for the Reclamation Project and the
Decommissioning Project.
The IEC shall audit the
implementation of all environmental mitigation measures, submissions required in the EM&A
Manual and 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 2.2 of this Permit. The IEC shall notify the Director by fax, within 24 hours of
receipt of notification from the ET Leader of each and every occurrence, change of circumstances or
non-compliance with the EIA Report (Register No. AEIAR-053/2002) 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, the ET or the IEA for the
Project.
2.4
The Permit Holder shall engage an IEA at least one
month before the commencement of the Decommissioning Project. The IEA shall be independent from the Contractor,
the ET and the IEC for the Project. The
IEA shall have at least 7 years’post-professional
qualification experience in environmental
monitoring and auditing, and soil
remediation works
which include, but not limited to, biopiling and solidification and soil remediation independent testing /
analysis. The IEA shall be responsible for monitoring and auditing the performance
of the work of the IEC and ET
required under this Permit to ensure compliance. The
IEA shall monitor soil sampling and testing
process. The IEA shall witness the
collection and splitting of duplicate samples on-site. In addition, the
IEA shall be responsible for auditing the overall acceptability of the soil remediation work, the satisfactory completion
of the soil remediation work and its documentation in the Soil Remediation Report required under Condition
3.17.
Establishment of Environmental Management Committee
(EMC)
2.5
The Permit Holder shall set up an Environmental
Management Committee (EMC) before the commencement of the
Decommissioning Project to advise on and monitor the
effectiveness of the soil
remediation process.
The Permit Holder shall inform the Director in
writing the membership
of the EMC at least 1 week before
the commencement
of the
Decommissioning Project.
Management Organization of Main Construction
Companies
2.6
The Permit Holder shall, at
least 1 week before the
commencement of the
Reclamation
Project or the
Decommissioning Project, which ever is the earlier, inform the Director in writing the management
organization of the main
construction companies and/or any form of joint ventures appointed for the Reclamation Project and the
Decommissioning Project. The
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Updating
of Environmental Monitoring & Audit (EM&A) Manual
2.7
At least
one month before the commencement of the Reclamation Project
or the Decommissioning
Project, whichever is the earlier, the Permit Holder shall submit to the Director for
approval four hard
copies and one electronic copy of an updatedEM&A Manual for the
Project. The EM&A Manual shall
make reference to the approved EM&A Manual submitted with the EIA report in
January 2002 (as referred in Part A).
The EM&A Manual shall detail the monitoring and audit requirements for the Reclamation Project and
the Decommissioning Project,
including the soil remediation monitoring requirement outlined in Condition
3.5, 3.7, 3.11 and 3.12 of this Permit. The
EM&A Manual shall also describe the IEA duties and responsibilities for the Decommissioning 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 and the application documents
submitted with this EP application as referred in Part A.
Section(s) in the EM&A Manual that is specific to soil remediation work shall also be confirmed by the IEA before submission
to the Director. 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 Construction Noise Mitigation Plan (CNMP)
2.8
At least one week before commencement of the Reclamation Project or theDecommissioning Project, whichever is the earlier, the Permit Holder shall
deposit with the Director 3 copies of construction phase noise mitigation plan
(CNMP) which shall consist of a layout plan (at least 1:1000 scale) and
explanatory statement showing the exact location and details of construction
plants to be used,
the location and duration of the movable noise barriers during the Reclamation Project and the Decommissioning Project and the 3 to 5m high
site hoardings along the site boundary.
The movable noise barriers shall be at least 3m high (and 8m high for
those used to shield grab and chisel bored piling and oscillator bored piling)
with skid footing and a small cantilevered upper portion, and shall be located within
a few metres from the static plant and no more than 5m from the mobile
plant. The Permit Holder shall
ensure that with the full implementation of measures in accordance with the
deposited CNMP, the construction noise levels at the nearby schools shall be
less than 70 dB(A) during normal teaching period and 65 dB(A) during school
examination, and are less than 75 dB(A) at the nearby residential
premises. The noise mitigation
measures as stipulated in the CNMP shall be fully implemented throughout the
entire project period.
Submission of Waste Management Plan (WMP)
2.9
The Permit
Holder shall submit to the Director for approval three hard copies and one electronic copy of a Waste Management Plan (WMP) for the Reclamation Project and theDecommissioningProject
a)
the types
of waste and their estimated quantities;
b)
the timing
of waste arising;
c)
measures
for reducing waste generation;
d)
on-site
waste separation;
e)
on-site and
off-site material reuse;
f)
areas for
waste storage;
g)
quantities
of waste requiring off-site disposal;
h)
disposal
outlets;
i)
monitoring
and auditing programme;
j)
organization
structure for waste management;
k)
a list of
materials to be reused or recycled with estimated quantities;
l)
implementation
of the trip ticket system;
m)
method of
processing, storing and disposal of hazardous waste; and
n)
method of
dealing with packing materials.
2.10
The Permit
Holder and any person working on the Project shall fully and properly implement all measures recommended
in the approved WMP throughout
the project period.
2.11
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.
Submission of Soil
Remediation Method Statement(s)
2.12
The Permit
Holder shall submit four hard copies and one electronic copy of a Method
Statement(s) to the Director for approval at least one month before the
commencement of any soil remediation
works. This Method Statement(s) shall be certified by the ET Leader, verified by the IEC and
confirmed by the IEA as conforming to the
information and recommendation contained in the EIA Report and the application
documents as referred in Part A, submitted by the Permit Holder before
submission to the Director. The
approved Method Statement(s) shall be hereafter referred to as the “Method
Statement”. The Method Statement(s) shall provide details on the
following:
a) The methodology / procedures for
biopiling and solidification processes;
b) Monitoring and verification procedures
for biopiling and solidification processes;
c) Pilot test procedures for solidification
process to ascertain the optimal concrete mix recipe and the leachablity of the
products;
d)
The sample size for the verification soil
test to be conducted by
IEA for spot check
purpose;
e)
The notification system for
notifying the Director the satisfactory completion of the excavation and
treatment of contaminated soil; and
f)
Provision
and operation requirements of equipment and personnel decontamination
facilities.
Submission of
Supplementary CAP, CAR and RAP
2.13
The Permit Holder shall submit a CAP, CAR and RAP to cover the lots and
facilities which were inaccessible for detailed contaminated soil sampling and
assessment during the EIA Report preparation stage, to the Director for
approval at least one month before the commencement of any soil remediation
work on these lots. These “inaccessible”
lots and facilities are shown in Figure 3 of this Permit and include:
a)
b)
c) the marine lots YTML No. 44, 45-46, and 54;
d) the saltwater pumping station;
e) gas pigging station;
f)
the maintenance depot; and
g) the underground oil tank at
YTML No. 6-11.
2.14
The CAP
shall include proposals on the sampling and analysis, and shall aim at determining the nature and
extent of the contamination of these lots, including any potential for dioxincontamination. The
CAP shall also contain a detailed account of the present activities and past
land history in relation to possible
land contamination (e.g. reference to aerial photos, accident records, fire
records, change of land use, any signs of incineration facilities, burn pits or
facilities that utilizes high temperature burning, etc). The precautionary investigation for dioxin contamination shall
also be detailed in the CAP. Based
on the endorsed CAP, the Permit Holder shall conduct a land contamination
assessment and the findings shall be presented in the CAR.
2.15
If land contamination at the lots referred under
Condition 2.13
is confirmed, the Permit Holder shall prepare a RAP in which further hotspots
of contaminated soil that require soil remediation shall be
identified. The RAP shall also
contain a composite contamination plan showing the extent of soil contamination for the entire site
including the hotspots identified in the EIA report and those identified under
this Condition. The contamination plan shall clearly delineate areas with
different types of contamination that require different soil remedial treatment. The
Permit Holder shall follow the methods described under Section 3 of this Permit
to remediate the land contamination hotspots identified within these lots. In case any new contaminants which
cannot be dealt with by the methods described under Section 3 of this Permit, are found at
these lots, soil remediation method for treatment of the new contaminants shall
be detailed in the RAP.
2.16
The CAP, CAR and RAP shall be certified by the ET and
verified by the IEC
and confirmed
by the IEA before submission to
the Director. No
construction work, including soil remediation work, shall commence on anyone of these lots
until the relevant CAP,
CAR and the RAP for that
specific lot is
approved by the Director.
3. Submission
and Measures for the Decommissioning Project
Project Boundary for the Decommissioning
Project
3.1
No work
including, but not limited to, the decommissioning of existing ship building /
repairing facilities at the marine lots and the demolishing of the existing
structures on both marine and government lots shall be conducted at areas
outside the limit as shown in Figure 2 of this Permit.
Measures to Mitigate
Land Contamination
3.2
The Permit
Holder shall not reuse
any potentially contaminated dredged sediments excavated on siteor import any contaminated dredged sediments to
the site for stockpiling, backfilling on the land lots, reclaiming the Yau Tong
Bay and/or soil remediation
treatments, without
seeking prior approval from the Director.
I) Removal of Underground Fuel
Storage Tank
3.3
The Permit
Holder shall remove the underground storage tank at YTML No. 6-11 as shown in
Figure 3 of this Permit by the following method:
(a)
sludge and
miscisible water shall be pumped out from the underground tank and transferred
to the groundwater treatment system for treatment;
(b) the
oil tank shall then be flushed with steam to allow the tank temperature to
reach 60oC until all residues come off from the tank surface;
(c) the
oil tank shall be drained to drums for recovery of oil product and subsequently
treated by the groundwater treatment system;
(d) all
effluent shall be drained to drums for recovery of oil product and subsequently
treated by the groundwater treatment system;
(e) the
interior of the tank shall be inspected visually to determine if all oil
residues have been removed. If
necessary, steam shall be applied to remove local residue and step (d) shall be
repeated;
(f) gas
free status inside the tank shall be checked and if necessary, repeat the steaming
out process;
(g) upon
achieving gas free status, the tank shall be flame cut to convenient size for disposal;
and
(h) the
scrap metal shall be collected by waste collector for recycling.
3.4
After the
removal of the underground oil tank, the Permit Holder shall carry out visual
inspection and further soil sampling to delineate the extent of soil
contamination. The investigation
findings shall be presented in a CAP, CAR and RAP as per Conditions 2.14 & 2.15 of this Permit.
II) Remediation of Soil
Contaminated with Total Petroleum
Hydrocarbon (TPH) Only
3.5
The Permit
Holder shall use biopiling method to remediate the TPH contaminants in the
hotspots as shown in Figures 4 to 9 of this Permit and identified in the CAP /
CAR / RAP submitted under the above Conditions 2.14 & 2.15, to or below the Dutch B Standard as
listed out in Appendix A of
this Permit. The biopiling work
shall be conducted in accordance with the Method Statement approved under
Condition 2.12
and shall include the following steps:
(a) soil
for biopiling treatment shall be excavated and stockpiled, with a height no
more than 3m. The biopiles shall
only be placed at the locations as shown in the attached Figure 10, and no
biopiling activities shall be allowed in other areas of the site;
(b) the ET shall take verification samples from the soil left on the north, south, east, west
faces of the excavation pit and at the bottom of the excavation pit at a rate of 1 number at every 10m along the
perimeter of the excavation pit to confirm that all contaminated materials failing
to meet the Dutch B Level have been removed for treatment. The IEA shall take separate duplicate
twin of the verification samples from the excavation pit in
parallel at the same time to audit the
results provided by the
ET for spot check purpose. The sample size for the
spot check conducted by the IEA shall be
as described in the Method Statement submitted
and approved under Condition 2.12. Excavation
shall be continued at steps of 0.5m until all the samples taken are below or
equal to that of the Dutch B standard.
When the ET, the
IEC
and the IEA are all satisfied with the testing results and agree that no material exceeding
the Dutch B standard still
remains in the excavation pit, the Permit Holder shall issue a written notice
to the Directorto confirm all contaminated
soil at a specific lot has been excavated within 1 week of passing the
confirmatory test. The test results shall be
reported in the next EM&A monthly report;
(c) all
biopile remediation shall be conducted on sealed surfaces under cover of
existing warehouse and factory buildings at the site; suction fan shall be used
to draw air through the piles
and the exhaust air shall pass through activated carbon filters prior to
discharge to the atmosphere; excavated soil shall be placed in stockpiles with
drainage diversions to prevent surface water runoff
from entering the stockpile and entraining contaminants in the flow; and silt curtain and hay bales
shall be used to prevent the release of sediment-laden rainwater from the
stockpile area.
(d) the ET shall take soil samples fortnightly at 1
sample for every biopile of 360m3of soil for process
monitoring, and at 1 sample for every
76.5m3of soil for final verification. The IEA shall take separate duplicate twin of the verification samples from the biopile in parallel at the time soil samples are taken by the ET to audit
the results provided by
the ET<
for spot check purpose. The sample size for the spot
check conducted by the IEA shall be
as
described in the Method Statement submitted
and approved under Condition 2.12. The biopile treatment shall be continued until all the samples taken
are below or equal to that of the Dutch B standard;
(e) when the ET, the IECand the IEA are all satisfied
with the testing results and agree
that no material exceeding the Dutch B standard still remains in the biopile, the Permit Holder shall issue
a written notice to the Director to confirm the satisfactory completion of the
biopiling treatment for
a specific lot within 1 week of passing the
confirmatory test, and backfill the treated soil on-site. No soil in any of the biopiles shall be
backfilled until the written
notice is issued to the Director; and
(f) all
the soil samples collected by the ET and the IEA shall be sent to The
Hong Kong Laboratory Accreditation Scheme (HOKLAS) accredited laboratories for
analysis.
III) Remediation of Soil Contaminated with Polyaromatic
Hydrocarbon (PAH)
3.6
The Permit
Holder shall use the biopiling method as described in the Method Statement
approved under Condition 2.12 and with the working procedures
stated in Condition 3.5 to excavate, treat and verify the soil contaminated
with PAH to or below the Dutch B Standard as listed out in Appendix A of this Permit.
IV) Remediation of Soil
Contaminated with Heavy Metal Only
3.7
The Permit
Holder shall use solidification method to remediate the heavy metals except
mercury which shall be handled in accordance with Conditions 3.10, 3.11 and
3.12 of this Permit, in the hotspots as shown in Figures 4 to 9 of this Permit
and identified in the CAP / CAR / RAP submitted under Conditions 2.14 and 2.15, to or below
the Dutch B Standard as listed out in Appendix A of this Permit.
The solidification work shall be conducted in accordance with the Method
Statement approved under Condition 2.12 and shall include the following steps:
(a)
conduct a
pilot trial in accordance with the Method Statement submitted under Condition
2.12
to determine the optimal concrete mix
recipe and operating parameters;
(b)
soil for solidification treatment shall be excavated for physical blending
with cement, fly ash and other inert solids such as sand to set into solid
monolithic blocks approximately 20m by 10m by 1m (deep) in size;
(c)
the ET shall take 4 verification
samples from the soil left on the north, south, east, west faces of the
excavation pit and 2 samples at the base of the excavation pit to confirm that
all contaminated materials failing to meet the Dutch B Level have been removed for treatment. The IEA shall take separate duplicate twin of the verification
samples from the excavation pit in parallel at
the same time to audit the results provided by the ET
for spot check purpose. The
sample size for the spot
check conducted by the IEA shall be
as described in the Method Statement submitted
and approved under
Condition 2.12. Excavation shall be continued at steps
of 0.5m until all the samples taken are below or equal to that of the Dutch B
standard. When the ET, the IEC and the IEA are all satisfied with the testing results and agree that no material exceeding the
Dutch B standard still remains in the excavation pit, the Permit Holder shall
issue a written notice to the Director to confirm all contaminated soil at a
specific lot has been excavated within 1 week of passing the confirmatory test. The test results shall be reported in the next EM&A
monthly report;
(d)
the soil, cement, water and
other additives shall be poured in pre-determined proportions into the pit and
blended using an excavator or physical
mixing tools, and each batch shall be covered during the entire setting time to
prevent water entering the mixture;
(e)
the ET shall take 1 verification sample
for every 50m3of solidified soil for leachability
and compressive strength tests. The IEA shall take separate duplicate twin of the verification samples in parallel at
the time soil samples are taken by the ET to audit the results provided by the
ET
for spot check purpose. The
sample size for the spot check conducted by the IEA shall be as described in the
Method Statement submitted and
approved under Condition 2.12. In the leachability test, the ET, the
IEC and the IEA shall check that the sample meets the Universal Treatment Standard for Solidified Soil (i.e. no
higher than 0.75mg/L of lead and 7.8mg/L of copper); in the compressive
strength test, the ET, the IEC and the IEA shall check that
a compressive strength of at least 150psi is achieved for the solidified
soil. If the blocks fail either
test, the batch shall be crushed and the solidification process shall be
repeated;
(f)
When the ET, the IEC and the IEA are all satisfied with the testing results and agree
that the solidified soil comply with the Universal Treatment Standard and the compressive strength requirement, the
Permit Holder shall issue a written notice to the Director to confirm the
satisfactory completion of the solidification treatment
for a specific lot within 1 week of passing the
confirmatory test, and
backfill the treated soil on-site. No soil
shall be backfilled until the written notice is
issued to the Director. The test results shall be
reported in the next EM&A monthly report; and
(g)
all the soil samples collected by the ET and the IEA
for the leachability and compressive strength tests shall be sent to HOKLAS
accredited laboratories for analysis.
V) Remediation of Soil
Contaminated with TPH and Heavy Metal
3.8
The Permit
Holder shall use the biopiling method and then the solidification method as
described in the approved Method Statement and in Conditions 3.5 and 3.7 to
decontaminate the soil contaminated with TPH and heavy metals as shown in
Figures 4 to 9 of this Permit and identified in the CAP / CAR / RAP submitted
under Conditions 2.14
and 2.15,
to or below the Dutch B Standard as listed out in Appendix A of this Permit.
3.9
The ET
and the IEA shall ensure that the soil contaminated with TPH only, and with
both TPH and metals are biopiled separately.
VI) Remediation of Soil
Contaminated with Mercury (Hg) and Polychlorinated Biphenyls (PCB)
3.10
The Permit
Holder shall excavate the soil contaminated with PCB and mercury as shown in
Figures 4 to 9 of this Permit and identified in the CAP / CAR/ RAP submitted
under Conditions 2.14
and 2.15,
for landfill disposal.
3.11
The ET shall
take 4 verification samples from the soil left on the north, south, east, west
faces of the excavation pit and 2 samples at the bottom of the excavation pit
to confirm that all contaminated soil failing to meet Dutch B Standard as
listed out in Appendix A of
this Permit have been excavated. The IEA shall take separate duplicate twin of the verification samples from the
excavation pit in
parallel at the same time to audit the
results provided by the ET
for spot check purpose. The sample size for the spot check conducted by the
IEA shall be as described in the Method Statement submitted and approved under Condition 2.12. Excavation shall be continued at steps
of 0.5m until all the samples taken are below or equal to the Dutch B Standard.
When the ET, the IEC and
the IEA are all satisfied with the testing results and agree that no material
exceeding the Dutch B standard still remains in the excavation pit, the Permit
Holder shall issue a written notice to the Director to confirm all contaminated
soil at a specific lot has been excavated
within 1 week of passing the confirmatory test. The test
results shall be reported in the next EM&A monthly report.
3.12
After the
removal of the mercury and PCB contaminated soils from the excavation pits, the
ET and the IEA shall conduct separate soil testing as
described in Conditions 3.5 and 3.7 to verify whether biopiling and
solidification treatments shall be applied for the rest of the soils in the
excavation pits. When the ET, the
IEC and the IEA are all satisfied with the testing results and
agree that no material exceeding the Dutch B standard still remains in the
excavation pit, the
Permit Holder shall issue a written notice to the Director to confirm all
contaminated soil at a specific lot has been excavated for treatment or
landfill disposal within 1 week of passing the
confirmatory test. The test results shall be reported in the next
EM&A monthly report.
VII) Control Measures during Soil
Excavation
3.13
The Permit
Holder shall adopt dust control practices as in Air Pollution Control
(Construction Dust) Regulation during soil excavation to control dust
emissions. The top layers of
soils shall be sprayed with water immediately before the excavation.
3.14
The Permit
Holder shall provide sufficient number of the decontamination facilities,
instruments and equipment, as listed in the Method Statement, on site to
decontaminate the workers and vehicles before leaving the site.
3.15
Where
contaminated soils are located below a layer of uncontaminated soil, the Permit
Holder shall remove and stockpile the clean soil separately to the contaminated
soil and the clean soil shall be backfilled and/or retained for use as a clean
cap.
3.16
The Permit
Holder shall detect whether there is any free product of TPH at the groundwater
surface, particularly during the excavation near the underground oil tank at
YTML No. 6-11 as shown in Figure 3 of this Permit. If free product is identified at any stage during
excavation, the Permit Holder shall pump out the groundwater for diversion to
an oil/water separation unit. The
free product removed shall be transported off site for recycling, and the water
shall be tested for free TPH product. If the results show that the water is
free from floating TPH product, the water shall be re-injected into the
groundwater table at the site.
Otherwise, the water shall be circulated back to the oil/water separator
for additional TPH product separation and removal.
Submission of Soil Remediation Report
(SRR)
3.17
The Permit
Holder shall deposit four hard copies and one electronic copy of a SRR to the
Director no later than one
month after the completion of the Decommissioning Project
and at least two months before the commencement of the construction work for
the future development. The SRR
shall demonstrate that the soil
remediation and disposal work for the Decommissioning Project has been
carried out according to the specified methodology and has been shown to be
adequate. The SRR shall also
provide information on the types and volume of contaminated soil treated on
site and disposed off site to landfill.
The SRR
shall be certified by the ET Leader, verified by IEC and confirmed by IEA prior
to submission to the Director. All
written notices issued by
the Permit Holder under Conditions 3.5,
3.7, 3.11 and 3.12 shall be copied in the SRR. No construction works for the future
development, except for site preparation works, shall commence before the deposition of SRR to the Director.
Measures for Waste
Management
3.18
All the
measures recommended in the WMP approved under Condition 2.9 of this Permit shall
be fully implemented in accordance with the requirements and time schedule set
out in the approved WMP.
3.19
The Permit
Holder shall sort on-site the C&D materials generated into public fill which
can be reused on-site or disposed of to public filling areas, and C&D
wastes which shall be disposed of to landfill. The Permit Holder shall promote reuse of public fill on-site
to minimize off-site disposal.
3.20
The Permit
Holder shall set up a trip-ticket system to keep track of the disposal of
C&D materials and solid waste at public filling areas and landfills. The trip ticket system shall be
implemented by the ET and the records audited by IEC.
Measures
to Mitigate Landscape and Visual Impacts
3.21
The Permit
Holder shall retain on-site the mature trees as shown in Figure 11 of this
Permit. The Permit Holder shall
not fell or transplant any mature tree unless permission has been given by the
Director under this Condition.
3.22
The Permit
Holder shall make use of colour hoarding to minimize visual impacts on the
nearby sensitive receivers.
3.23
During the biopiling
process, the Permit Holder shall limit the biopiles to a height of less than
3m.
Measures
to Mitigate Noise Impacts
3.24
The noise
mitigation measures as stated in the CNMP deposited under Condition 2.8 shall be fully implemented
for the decommissioning work.
3.25
The Permit
Holder shall use silenced power mechanical equipment (PME) during the Decommissioning Project. The silenced PMEs to be used shall
include, but not limited to, mobile crane, dumper, dump truck, excavator, truck
mixer, concrete pump, generator and air compressors. The sound power levels (SWLs) for these silenced PMEs shall
not exceed the levels specified in Table B1 of Appendix B of this Permit.
3.26
The Permit
Holder shall use noise barriers and site hoardings of impervious material with
a minimum surface density of 15kg/m2, and they shall have no
openings or gaps except for
the site access.
4. Submission and
Measures for the Construction of the Reclamation Project
General Requirement & Specification
for the Reclamation
Project
4.1
No reclamation
shall
proceed in the Victoria Harbour beyond the boundary as shown in Figure 2 of
this Permit.
4.2
The Permit
Holder shall construct a removable concrete deck over the Water Supplies
Department’s submarine cross-harbour fresh
water main and the Hong Kong and China Gas Company’s (HKCGC) twin 600mm diameter
cross harbour submarine gas pipelines as shown in Figure 12 of this
Permit. The deck shall be
supported on bore piles. An access opening with length no less than 35 m and
width no less than 10m shall be provided in the deck to allow access for routine
maintenance of Water Supplies Department’s Cha Kwo Ling Saltwater Pumping Station. After the completion of the deck, the
Permit Holder shall provide an open space on the deck.
4.3
The Permit
Holder shall keep the following utilities, as shown in Figure 13
of this Permit, intact at all times during the Project, and shall not divert
these utilities:
(a) the
Water Supplies Department’s
submarine
cross-harbour fresh water main;
(b) the
HKCGC’s submarine gas pipelines;
(c) the
Cha Kwo Ling Saltwater Pumping Station saltwater intake; and
(d) the
Yau Tong Sewage Pumping Station emergency outfall.
4.4
The Permit
Holder shall design and construct the permanent seawalls for the Project (except the borepile seawall referred in Condition
4.9) in
accordance with Figures 14 and 15 of this Permit. The Permit Holder shall
provide air slots under the decked open space to enhance air flow below the
concrete deck.
Measures
to Mitigate Water Quality Impacts During Reclamation
4.5
The Permit
Holder shall not carry out dredging, except for the construction of the new
seawall and the proposed box culverts as shown in Figure 13 of this
Permit.
4.6
The Permit
Holder shall conduct the Reclamation
Project in
phases as shown in Figure 12 which include i) construction of seawall and box
culverts extension; ii) Phase 1 reclamation; iii) Phase 2 reclamation and iv)
Phase 3 construction of concrete deck above the submarine pipelines.
4.7
Before the
commencement of the reclamation works, the Permit Holder shall construct a
temporary channel / culvert along the existing eastern and southern seawall as
shown in Figure 13 of this Permit, to divert the existing stormwater outfalls from
the Yau Tong Bay to avoid the accumulation of pollutants within the embayed
water during construction.
4.8
Before the
commencement of the Phase 1
of the Reclamation Project
4.9
Before the
commencement of the Phase
2 of the Reclamation
Project
4.10
During
reclamation works, the Permit Holder shall provide the following mitigation measures to ensure that
the suspended solids concentration at the Water Supplies Department’s sea
water intakes and the seawater intake for Dairy Farm Ice Factory as shown in
Figure 13 of this Permit, shall meet the
tolerable limit of 20mgL-1:
(a)
use closed-grab dredgers
for dredging and back-filling operations;
(b)
place silt
curtains around closed-grab
dredgers, and also at the 50m opening of the seawall;
(c)
provide
single layer of silt screens across the saltwater intakes at the Dairy Farm Ice
Factory, the Water
Supplies Department’s Cha
Kwo Ling and Yau Tong saltwater pumping stations during the construction of
seawall and box culverts extension stage;
(d)
provide
double layers of silt screens across the saltwater intakes at the Dairy Farm
Ice Factory, the Water
Supplies Department’s Cha
Kwo Ling and Yau Tong saltwater pumping stations during Phase 1 & Phase 2
Reclamation and the construction of the concrete deck stages;
(e)
provide
regular site inspection and maintenance of the silt curtains and screens and
review of marine water quality at the intakes; and
(f)
limit the
maximum daily production rate for dredging and sandfilling to not exceeding the
rates as shown in the following table:
|
Work Phases
|
Dredging
Rate (m3/day)
|
Filling
Rate (m3/day)
|
|
Seawall and box culvert construction
|
1550
|
2200
|
|
Phase 1 Reclamation
|
N/A
|
10000
|
|
Phase 2 Reclamation
|
N/A
|
6000
|
4.11
During the
construction of the bore piles for the permanent seawall adjacent to the existing submarine pipelines or
the concrete deck as shown in Figure 12,
the Permit Holder shall use pile casing to confine the marine deposit, and no
dredging and filling works shall be allowed for the bore piles.
Measures for Handling and Disposal of
Dredged Sediment
(Including Both Contaminated and Uncontaminated Marine Sediment)
4.12
The Permit
Holder shall employ a grab dredger with a closed watertight grab for dredging mud, and barges equipped with
automatic self-monitoring devices of barge loading for the dumping operation.
4.13
The
mitigation measures and health and safety protective measures listed out in
Appendix C of this Permit shall be fully and properly
implemented during dredging, handling, transportation and disposal of dredged sediment.
Measures for Biogas Management
4.14
The Permit
Holder shall provide a Combustible Gas Indicator on-site at all times for the
detection of explosive vapour in enclosed and semi-enclosed sites during
excavation work to ensure the safety of workers.
4.15
The Permit
Holder shall ensure that the precaution measures in Appendix D of this Permit are
implemented fully throughout the duration of the Reclamation Project.
Measures for Waste Management
4.16
The Permit
Holder shall use public filling materials for Yau Tong Bay reclamation.
Imported sandfill shall only be used in case of insufficient supply of public
fill material.
Measures
to Mitigate Noise Impacts
4.17
The Permit
Holder shall implement fully the noise mitigation measures contained in the
CNMP submitted under Condition 2.8 and the measures stated in
Conditions 3.25 and 3.26 during the Reclamation Project.
5. Submission
and Measures for the Period After the Reclamation Project
Methane
Gas Monitoring
5.1
No later than 3 months after the completion
of the reclamation work, the Permit Holder shall carry out methane gas
monitoring on a monthly basis for a period of at least one year to determine
the methane gas emission rate.
The Permit Holder shall locate the gas monitoring wells taking into
account the latest Master Layout Plan and submit a Gas Monitoring Plan for
the Director’s approval at least two weeks before the commencement of methane gas monitoring
work. The methane gas monitoring shall be undertaken
via purposely installed landfill
gas-type monitoring wells within boreholes drilled down to the level of
the groundwater, i.e. mean sea water level. The Permit Holder shall detail the
proposed methane gas
monitoring wells in
the Gas Monitoring Plan. Subject
to the review of methane gas
monitoring results, the Director may require the Permit Holder to extend the methane gas monitoring
period to beyond 1 year. No
construction of buildings on the reclaimed land shall commence prior to the
completion of the methane gas monitoring.
5.2
If the measured
methane emission rate at particular part of the site is higher than the trigger
value of 10Lm-2 per day
and below the upper guidance value of 432Lm-2
per day, the Permit Holder shall provide methane gas protection measures including,
but not limited to, a low gas permeability membrane in the floor slab and on
any below ground walls and mechanical ventilation to ‘at
risk’ rooms at any buildings to be constructed on this part of the
site.
5.3
If the measured
methane emission rate at a particular area part of the site is higher than the
upper guidance value of 432Lm-2 per
day, the Permit Holder shall not construct any building on this part of the
site.
5.4
After the completion of the methane gas
monitoring, the Permit Holder shall deposit a plan to the Director. The plan shall clearly delineate the “at-risk” zones as referred in
Condition 5.2 and the “no-build” zones as referred in Condition 5.3. No
building
construction works on reclaimed land shall be commenced before the submission of the
plan to the Director.
Measures to Protect the existing Cha Kwo Ling Saltwater
5.5
Upon the completion of the
reclamation work, the Permit Holder shall design and use floating booms near
the intake of the existing Cha Kwo Ling Saltwater Intake shown in Figure 12 of
this Permit, and collect and remove any floating debris retained by the
floating booms regularly.
6. Environmental
Monitoring and Audit (EM&A)
6.1
To ensure a high degree of transparency of
the project, all EM&A data and results, the approved EM&A Manual, all EM&A
reports and all submissions 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 7.2 below, in the shortest possible
time and in no event later than two weeks after such information is available.
6.2
The EM&A programme shall be implemented in accordance with the
procedures and requirements in the EM&A Manual approved under Condition 2.7. Any changes to the EM&A programme
shall be justified by the ET Leader and verified by the IEC as conforming to
the requirements set out in the EM&A Manual and shall be approved by the
Director. If the changes proposed are related to the soil remediation work/monitoring requirement, they shall also be verified and reviewed by
the IEA.
6.3
The Permit Holder shall submit four hard copies and one electronic
copy of the Baseline Monitoring Report to the Director at least 2 weeks before
the commencement of the Reclamation
Project or the Decommissioning Project, whichever is the earlier. The submissions shall be certified by
the ET Leader and verified by the IEC.
Additional copies of the submission shall be provided upon request from
the Director.
6.4
The Permit Holder shall submit four hard copies and one electronic
copy of monthly EM&A Report to the Director within 2 weeks after the end of
the reporting month. The
submissions shall be certified by the ET Leader and verified by the IEC. When the soil remediation works are in progress, the section(s) in the
Monthly EM&A Report that is relevant to soil
remediation work shall also
be confirmed by the IEA. Additional copies of the submission shall be provided upon
request from the Director. The monthly
EM&A Report shall also provide a 1-page summary, in both English and
Chinese, summarizing the EM&A activities, the non-compliance events and
complaints received in the reporting month.
6.5
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 as set out in the Event/Action Plans, or as agreed by the Director.
6.6
Records of measurements and remedial actions taken for this Project shall
be logged and kept, within 3 working days of the collection of data or
completion of remedial action, for the purpose of preparing and submitting the monthly EM&A Reports
and making the information available for inspection on site or as required by
the Director.
6.7
All EM&A
data submitted under this Permit shall be true, valid and correct.
6.8
Within one month after the commencement of the Decommissioning Project
, the Permit Holder shall install and thereafter
maintain a system of web camera(s) covering the soil remediation work areas, in particular the removal of the underground oil
tank at Lot 6-11. The system shall be made flexible enough such that the
position(s) of the camera(s)
can be altered to capture the soil remediation
works at various locations if necessary. 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 7.2. At
least two weeks before the commencement of the Decommissioning Project, the Permit Holder shall propose a plan and a
system
of web camera(s) for the
Director’s
agreement.
7. Electronic
Reporting of EM&A Information
7.1 To
facilitate public inspection of the Baseline Monitoring Report and monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports, preparedin 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 6.3
to 6.4
above. 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.
7.2 All
environmental monitoring data described in Condition 7.1 above shall be made available to
the public via internet access in the form of a website, 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.
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.
7.3 The
internet website as described in Condition 7.2 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 (noise, water and biogas); 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. If
there is a breach of any conditions of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
Transport and Works, 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 authorized officer.
3. 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.
4. 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.
5. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment, Transport and Works, suspend, vary or cancel this
Permit. The suspended, varied or
cancelled Permit shall be removed from display at the construction site.
6. If
this Permit is cancelled or surrendered during construction or 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 construct or operate a designated project listed in Part I of
Schedule 2 of the Ordinance without a valid environmental permit.
7. 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.
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 the Permit Holder should refer to the
EIA Ordinance for details and seek independent legal advice.
