Environmental Permit No. EP-207/2005
環境許可證編號 EP-207/2005
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 Water Supplies 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水務署（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-207/2004 |
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Document in the Register : 登記冊上的文件： |
(1) Extension of Siu Ho Wan Water Treatment Works
Environmental Impact Assessment (EIA) Report, EIA Report – Executive Summary
and Environmental Monitoring and Audit (EM&A) Manual (Register No.: AEIAR-082/2004) [Hereinafter referred
to as the “EIA Report”] (1) 小蠔灣濾水廠擴建工程 – 環境影響評估報告、環評行政摘要及環境監察及審核計劃 (登記冊編號: AEIAR-082/2004) [下稱「環評報告」] (2) The Director’s letter of approval of the EIA
report dated 15 December 2004 (Reference: ( ) in Ax(1) to EP2/N9/E/67 III) (2) 署長於2004年12月15日發出批准環評報告的信件 (檔案編號: ( )
in Ax(1) to EP2/N9/E/67 III) (3) Application documents including all attachments
submitted by the Permit Holder on 24 December 2004 (Application No. AEP-207/2004) (3) 申請文件包括許可證持有人於2004年12月24日提交的所有附件(申請書編號:AEP-207/2004) |
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20 January 2005 |
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Date 日期 |
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(Elvis W.K. AU) Assistant
Director (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 (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 Project 指定工程項目的名稱 |
Siu Ho Wan Water
Treatment Works Extension [The above designated project is
hereinafter referred to as “the Project”] 小蠔灣濾水廠擴建工程 [這工程項目下稱"工程項目"] |
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Nature of Designated Project |
Water treatment works with a
capacity of more than 100 000m3 per day. 濾水能力超過每天100 000立方米的濾水廠。 |
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Location of Designated Project 指定工程項目的地點 |
Siu Ho Wan on Lantau Island. The
location of the Project is shown in Figure
1 attached to this Permit. |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
(a) Uprating of the existing Siu Ho Wan Water Treatment Works from a
capacity of 150 000m3/day to 300 000m3/day; and (a) 改善現有的小蠔灣濾水廠，使其濾水能力由每天150
000立方米增至每天300 000立方米；及 (b) Uprating of the associated raw water
transmission system. (b) 改善相關的原水輸送系統。 |
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 and operation 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 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 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 EIA Report (Register No.:
AEIAR-082/2004), the application documents including all attachments
(Application No. AEP-207/2004), other relevant documents in the Register; 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 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 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, and 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. 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 this Permit.
1.10
The Permit Holder shall release all
finalised 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, or by any 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 date of construction of the Project no
later than one month 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.
1.12
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). Electronic copies of all finalised 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
hardcopies.
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.
Measures and Submissions for Commencement 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 EIA Report (Register No. AEIAR-082/2004) 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 EIA Report (Register No. AEIAR-082/2004) 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 EIA Report (Register No. AEIAR-082/2004)
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 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.
3
Measures for Construction and Operation of the Project
3.1
Storage of chlorine on-site shall
not exceed 73 tonnes at all times.
3.2
To provide visual screening, trees
of native species shall be planted along the site boundary as shown in Figure
1. The newly planted trees shall be maintained throughout the operation
of the Project.
3.3
To achieve visual uniformity,
compatible design and construction materials and surface finishes of the
proposed structures shall match with the existing external appearance of the
buildings within the Siu Ho Wan Water Treatment Works.
3.4
No waste, spoil, excavated
materials or materials alike arising from the Project shall be dumped in any
environmental sensitive area including the proposed Lantau North (Extension)
Country Park.
4
Environmental Monitoring and Audit Requirements
4.1
The EM&A programme shall be implemented in
accordance with the procedures and requirements as set out in the EM&A
Manual. Any changes to the programme shall be justified by the ET leader and
verified by the IEC as conforming to the information and requirements contained
in the EM&A Manual before submission to the Director for approval.
4.2
Samples, measurements and necessary remedial
actions shall 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 EM&A Manual in accordance with the time frames
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; and
(d)
logging and keeping records of 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 for inspection on
site.
4.3
Three hard copies and one electronic copy of
the Baseline Monitoring Report shall be submitted to the Director at least 2
weeks before commencement of construction of the Project. The submission shall
be verified by the IEC. Additional copies of the submission shall be made
available to the Director upon his request.
4.4
Three hard copies and one electronic copy of
monthly EM&A Report shall be submitted to the Director within 10 working
days 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 verified
by the IEC. Additional copies of the submission shall be provided to the
Director upon request by the Director.
4.5
All environmental monitoring and audit data
submitted under this Permit shall be true, valid and correct.
5
Electronic Reporting of EM&A Information
5.1
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 hardcopies as described in Condition 4 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 hardcopies.
5.2
The Permit Holder shall, set up a dedicated web
site and notify the Director in writing the Internet address where the
environmental monitoring and project data is to be placed, within six weeks
after the commencement of construction of the Project. All environmental
monitoring data described in Condition 5.1 above shall be made available to the
public via a dedicated web site to be set up by the Permit Holder 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.
5.3
The Internet website
as described in Condition 5.2 above shall enable user-friendly public access to
the monitoring and project data including the EIA report and the environmental
permit(s) and the project profile of the Project. The Internet website shall
have 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 air quality); and
(d)
hyperlinks 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 operation of the
Project, another environmental permit must be obtained under the Ordinance
before the construction or operation of 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 that the Permit Holder should refer to
the EIA Ordinance for details and seek independent legal advice.
Environmental Permit
No. EP-207/2005
| Figure 1 |