Environmental Permit No. EP-202/2004
環境許可證編號 EP-202/2004
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 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 Ordinance), the Director of Environmental Protection
(the Director) grants this environmental permit to the Drainage Services Department (hereinafter
referred 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(本條例)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(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。本環境許可證依據下列文件、批准或許可而簽發﹕
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Application
No. 申請書編號 |
AEP-202/2004 |
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Document
in the Register: 登記冊上的文件： |
1. Tai
Po Sewage Treatment Works, Stage V
: Environmental Impact
Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A)
Manual, and EIA Executive Summary (Register No. AEIAR─ 081/2004) [Hereafter
referred to as "the EIA report"] 1. 大埔污水處理廠第五期工程 : 環境影響評估報告, 環境監察審核手冊 及評估報告摘要 (登記冊檔號： AEIAR-081/2004) [下稱“環評報告”]
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2. The
Director’s letter of approval of the EIA Report dated 28 October 2004 in Ax
(14) to EP 2/N5/F/22 Pt.3 2. 署長於2004年10月28日發出該環評報告的批准信，檔案編號Ax (14) to EP 2/N5/F/22 Pt.3 3. Application for Environmental Permit
submitted on 1 November 2004 (Application No. AEP-202/2004) 3. 於2004年11月 1 日提交的環境許可証申請文件 (申請書編號:
AEP-202/2004) |
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29 November 2004 |
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Date 日期 |
(Elvis
W.K. 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 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:
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Title
of Designated Project 指定工程項目的名稱 |
Tai Po Sewage Treatment Works, Stage V, Phase I [The project is
hereinafter referred to as "the Project".] 大埔污水處理廠第五期工程的第一階段 [上述工程項目下稱"工程項目" ] |
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Nature of Designated Project |
Expansion
and upgrading of existing sewage treatment works 對現有的污水處理設施進行擴建和改建工程 |
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Location
of Designated Project 指定工程項目的地點 |
Dai Kwai Street, Tai Po Industrial Estate Figure 1
attached to this Permit shows the location of the Project. |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Expand
and upgrade the Tai Po Sewage Treatment Plant capacity from 88,000 m3/day
to 100,000 m3/day. The scope of the Project includes the following works
as shown in Figure 2 attached
to this Permit : (i)
additional inlet and preliminary treatment works; (ii)
modification of existing secondary treatment
process units (retrofit existing bioreactors and adding 2 new final
clarifiers); (iii) reconstruction
of 6 existing final clarifiers; (iv) additional
sludge treatment facilitie; and (v) ancillary
works to existing treatment facilities. 擴建和改建大埔污水處理廠使污水處理量由現時每日88,000立方米增加至每日100,000立方米，工程項目的範圍括下述工程及如圖2所示： (i)
擴建初級處理設施; (ii)
改建現有的二級處理設施 (改建現有的生物反應池和新增兩個二級沉澱池) (iii) 重建現有的六個二級沉澱池; (iv) 擴建淤泥處理設施; 及 (v)
相關的附屬工程。 |
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 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 constitute any ground of
defence against any proceedings instituted under any legislation or 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 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
construction of the Project 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 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
location. 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
location 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 in accordance with the project descriptions
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 all recommendations described
in the Tai Po Sewage Treatment Works, Stage V EIA Report (Register No. AEIAR-081/2004) and
the Director’s Permission of the EIA Report in the EIA Ordinance Register
Office; the information or mitigation measures described in this Permit,
mitigation measures to be recommended in submissions that shall be deposited as
a result of permit conditions contained in this Permit, and mitigation measures
to be recommended under ongoing 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 variations 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 EIA Ordinance (Cap. 499). All submissions or any variation
of the submissions shall be certified by the Environmental Team (ET) Leader
and verified by the Independent Environmental Checker (IEC) referred to in
Conditions 2.1 and 2.2 below, before submitting to the Director under the
Permit.
1.10 The
Permit Holder shall release all finalized submissions, as required under this
Permit, to the public by depositing copies in the 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 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.
1.12 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project at least 2 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
preparation, or other works as agreed by the Director.
2. Submissions or Measures before Commencement
of Construction of the Project
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. The ET shall not be in any way
an associated body of the Contractor or the Independent Environmental Checker
(IEC) for the Project. The ET shall be headed by an ET Leader. The ET leader
shall be a person who has at least 7 years of 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 EM&A requirements as contained in the EM&A
Manual of the Project. The ET Leader shall keep a contemporaneous log-book of
each and every instance or circumstance or change of circumstances, which may
affect the compliance with the recommendations of the Tai Po Sewage Treatment
Works Stage V EIA Report (Register No. AEIAR-081/2004) and this Permit. The ET Leader shall
notify the IEC within one working day of the occurrence of any such instance or
circumstance or change of circumstances. The ET Leader’s log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the Tai Po Sewage Treatment Works
Stage V EIA Report (Register No. AEIAR-081/2004) 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
commencement of construction of the Project. The IEC shall not be in any way an
associated body of the Contractor or the ET for the Project. The IEC shall be a
person who has at least 7 years of 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 performance, 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 one working day of receipt of notification from the ET Leader of each
and every occurrence, change of circumstances or non-compliance with the Tai Po
Sewage Treatment Works Stage V EIA Report (Register
No. AEIAR-081/2004) and this
Permit, which might affect the monitoring or control of adverse environmental
impacts from the Project. In the case where 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 The Permit Holder shall, at least one week before 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 appointed for the Project. The information, to be submitted, shall include at least an organization chart, names of responsible persons and their contact details.
3. Submissions or
Measures during Construction of the Project
3.1 The Permit Holder shall, at least 4 months before operation of the Project, submit 3 copies of an odour performance test proposal to the Director for approval. The proposal shall describe the methodology for determining the type and quantity of chemical(s) to be added to the raw sewage at the Tai Yuen Sewage Pumping Station No. 4 for achieving 45% odour reduction at the Tai Po Sewage Treatment Plant Stage IV inlet pumping station, Stage IV screen house and Stage IV primary sedimentation tank. The proposal shall be certified by the ET Leader and verified by the IEC before submission to the Director for approval. No operation of the Project shall take place prior to the approval.
3.2 The Permit Holder shall, within 2 weeks before of the commencement of operation of the Project, deposit with the Director 3 copies of an odour performance test report, on the basis of Condition 3.1 above, to illustrate that the chemical dosage at the Tai Yuen Sewage Pumping Station No. 4 can achieve 45% odour reduction at the Tai Po Sewage Treatment Plant Stage IV inlet pumping station, Stage IV screen house and Stage IV primary sedimentation tank. The report shall be certified by the ET Leader and verified by the IEC before submission to the Director.
3.3 Prior to the operation of Project, the exposed area of the facilities of the Project described in Table 1 and shown in Figure 3 shall be installed with covers and that described in Table 2 and shown Figure 3 shall be installed with covers and deodourizers. The covers shall be air tight to prevent release of odour from the facilities into atmosphere. Foul air underneath the covers installed according to Table 2 shall be drawn through deodourizers and be discharged after treatment. The deodourizers shall be designed for control efficiency of 99% and according to the requirements described in Table 2 or otherwise agreed by the Director.
4. Measures
during Operation of the Project
4.1 The chemical dosing for odour reduction described in Condition 3.2 above shall be applied during the operation of the Project.
5. Measures during
emergency or maintenance shut down of the Tolo Harbour Effluent Export Scheme
(THESS)
5.1
The
shut down of the THESS for major overhaul or maintenance that requires the Tai
Po Sewage Treatment Works to discharge treated sewage into Tolo Harbour shall
be avoided during the algae blooming season from April to June. In the event of
an inevitable shut down of the THESS, the discharge of the treated sewage from
the Tai Po Sewage Treatment Works shall be carried out via the existing bypass
outfall of the Shatin Sewage Treatment Works unless otherwise agreed by the
Director in order to minimize the water impact on the Tolo Harbour.
5.2
Silt
curtain shall be installed surrounding the intake points of the Tai Po Salt Water
Pumping Station and Shatin Salt Water Pumping Station to protect the water
quality during the shut down of the THESS when the Tai Po Sewage Treatment
Works is required to discharge treated sewage into Tolo Harbour. The silt
curtan shall be fabricated from permeable, durable, abrasion resistant membrane
like geotextiles and be mounted on a floating boom structure and should extend
to the sea bottom.
5.3
The
Permit Holder shall, at least one week prior to the shut down of the THESS, inform
the Director and the Director of Water Supplies in writing about the time
schedule of the discharge of treated sewage from the Tai Po Sewage Treatment
Works into Tolo Harbour as to facilitate the Director to closely monitor the
potential effects on the water quality at Tolo Harbour and the Director of
Water Supplies to take precautionary measures for the operation of the Tai Po
Salt Water Pumping Station and the Shatin Salt Water Pumping Station with deteriorated
salt water quality.
6. Environmental
Monitoring and Audit (EM&A) Requirements for the Construction and Operation
of the Project
6.1 All measures recommended in the Tai Po Sewage
Treatment Works Stage V EIA Report (Register No. AEIAR-081/2004) and the 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 and any subsequent amendments approved by the
Director.
6.2 Any changes to the
monitoring and audit requirements 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 submitted to the Director for approval.
6.3 Samples, measurements
and necessary remedial actions shall be taken in accordance with the
requirements of the EM&A Manual by:
(a) conducting baseline
environmental monitoring;
(b) conducting
impact monitoring;
(c) carrying
out remedial actions described in the Event/Action Plans of the E M&A
Manual in accordance with the time frame set out in the Event/Action Plans, or
as agreed by the Director, in case where specified criteria in the EM&A
Manual are exceeded;
(d) logging
and keeping records of the details of (a) to (c) above for all parameters
within 3 working days of the collection of data or completion of remedial
action(s), for the purpose of preparing and submitting the monthly EM&A
Reports and to make available the information for inspection on site.
6.4 All EM&A data
submitted under this Permit shall be true, valid and correct.
6.5 Three 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
construction of the Project. The submission shall be certified by the ET
Leader and verified by the IEC. Additional copies of the submission shall
be made available to the Director upon his request.
6.6 Three 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
EM&A Reports shall include a summary of all non-compliance (exceedances) of
the environmental quality performance limits (Action and Limit Levels).
The submissions 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 by the Director.
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 shall be prepared in Hyper Text Markup Language (HTML) (version
4.0 or later) and in Portable Document Format (PDF version 4.0 or later),
unless otherwise agreed by the Director and shall be submitted at the same time
as the hard copies as described in Conditions 5 above 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.
7.2 The Permit Holder shall,
within six weeks after the commencement of construction of the Project, set up
a dedicated Internet web site and notify the Director in writing the Internet
address where the environmental monitoring data and project information is to
be placed. All environmental monitoring data described in Condition 6.1
above shall be made available to the public via the abovementioned dedicated
Internet web site in the shortest possible time and in any event no later than
2 weeks after the relevant environmental monitoring data are collected or
become available, unless otherwise agreed with the Director.
7.3 The Internet web site as
described in Condition 6.2 above shall enable user-friendly public access to
the environmental monitoring data and project information including theProject Profile (EIAO Register Ref. PP131/2001) and this Environmental
Permit. The Internet web site shall have features capable of:
(a)
providing access to all environmental monitoring
data of this Project collected since the commencement of construction;
(b)
providing access to all finalized submissions as
required under this Permit;
(c)
searching by date;
(d)
searching by types of monitoring data (water
quality, ecology, noise and air quality); and
(e)
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
(Descriptions
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 EIAO, and the following notes
are for general information only.
2. If there is a
breach of any condition of this Permit, the Director or his authorized officer
may, with the consent of the Secretary for 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 EIAO to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the Project site by the amended permit.
4. A
person who assumes responsibility for the whole or a part of the Project may,
before he assumes responsibility of the Project, apply under Section 12 of the
EIAO to the Director for a further environmental permit.
5. Under
Section 14 of the EIAO, 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
site.
6. If
this Permit is cancelled or surrendered during operation of the Project,
another environmental permit must be obtained under the EIAO before the Project
could be continued. It is an offence under Section 26(1) of the EIAO to operate
a designated project listed in Part I of Schedule 2 of the EIAO without a valid
environmental permit.
7. Any
person who operates the Project contrary to the conditions in the Permit, and
is convicted of an offence under the EIAO, 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 EIAO within 30 days of receipt of this Permit.
9.
The Notes are for general reference
only and that the Permit Holder should refer to the EIAO for details and seek
independent legal advice.
Environmental
Permit No. EP-202/2004
環境許可證編號EP-202/2004
Figure 1 | Figure 2 | Figure 3