Environmental Permit No. EP-231/2005
環境許可證編號 EP-231/2005
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-231/2005
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Document in the Register: 登記冊上的文件：
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(1) Project Profile – “Yuen Long, Kam Tin, Ngau Tam Mei and Tin Shui Wai Drainage Improvement, Stage 1, Phase 2B - Kam Tin Secondary Drainage Channels KT14 & KT15” (Register No. PP-259/2005) 工程項目簡介 – “元朗、錦田、牛潭尾及天水圍雨水排放系統改善工程第1階段第2B期—錦田二級排水道 KT14 與 KT15” (登記冊編號：PP-259/2005)
(2) Application for Environmental Permit submitted by the Permit Holder on 24 October 2005 (Application No. AEP-231/2005) 許可證持有人於2005年10月24日提交的環境許可證申請 (申請書編號 AEP-231/2005) |
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Director’s Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可證 |
Letter Reference : (20) in Ax(2) to EP2/N6/I/57 信件檔號 : (20) in Ax(2) to EP2/N6/I/57
Date : 10 October 2005 日期 : 2005年10月10日 |
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November 2005 |
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Date 日期 |
(WONG Hon-meng) Principal Environmental Protection Officer (Strategic Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(策略評估) 黃漢明 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 |
Yuen Long, Kam Tin, Ngau Tam Mei and Tin Shui Wai Drainage Improvement, Stage 1, Phase 2B - Kam Tin Secondary Drainage Channels KT14 & KT15” 元朗、錦田、牛潭尾及天水圍雨水排放系統改善工程第1階段第2B期— 錦田二級排水道 KT 14 與 KT 15
[The
project is hereinafter referred to as "the Project".]
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Nature of Designated Project |
Construction and operation of drainage channels 建造及營辦排水道
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Location of Designated Project 指定工程項目的地點 |
Kam Tin 錦田
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
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To construct and operate 2 secondary drainage channels: (1) 145m long KT14 (Section A); and (2) 796m long KT15.
建造及營辦兩條二級排水道： (1) 長度為145米之KT14(A部分)；及 (2) 長度為796米之KT15。
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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) and Waste Disposal Ordinance (Cap.354). This Permit does not on 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 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 Project 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 Project 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 recommendations described in the Project Profile (Register No. PP-259/2005), other relevant documents in the Register, the information and mitigation measures described in this Permit, 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 submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments made by the Director, if any, 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).
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 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.
1.13 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 ET shall be established at least two weeks before the commencement of construction of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years experience in environmental monitoring and audit (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme as set out in the Project Profile (Register No. PP-259/2005). In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the Project Profile (Register No. PP-259/2005) and each and every non-compliance with the recommendations of the Project Profile or 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 circumstance. This log-book shall be kept readily available for inspection by all persons assisting in the supervision of the implementation of the Project Profile recommendations 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 Programme as set out in the Project Profile (Register No. PP-259/2005) 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. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.
2.2 An IEC shall be employed at least two weeks before the commencement of construction of the Project. The IEC shall have at least 7 years experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Programme as set out in the Project Profile (Register No. PP-259/2005), and shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within 24 hours of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the Project Profile (Register No. PP-259/2005) 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 in the EM&A Programme as set out in the Project Profile (Register No. PP-259/2005) 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 or the ET for the Project.
2.3 The Permit Holder shall, at least two weeks 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.
2.4 The Permit Holder shall submit three sets of the landscape and visual mitigation plan (including the tree survey results, the tree transplanting and tree compensation plan, the landscape plan, the design and chromatic scheme of site hoarding, noise barriers and any other structures proposed in the Project) to the Director for approval at least three months before commencement of construction.
3. Measures during Construction and Operation of the Project
3.1 The Permit Holder shall construct the drainage channels in accordance with the design set out in Figures 2, 3 and 4 of this Permit for the ecological enhancement.
3.2 Excavated materials or materials alike arising from the Project shall be reused in the Project site. No such surplus excavation material and construction waste shall be disposed of anywhere except the Public Filling Facility at Tuen Mun Area 38 and the North East New Territories (NENT) Landfill or other location(s) as agreed with the Director.
3.3 The Permit Holder shall fully implement the construction and operation phase landscape and visual mitigation measures as approved in Condition 2.4 throughout the construction and operation of the Project.
4. Environmental Monitoring and Audit Requirements
4.1 The Permit Holder shall implement the Environmental Monitoring and Audit (EM&A) Programme as set out in the Project Profile (Register No. PP-259/2005). Any changes to the EM&A Programme shall be justified by the Environmental Team (ET) leader and verified by the Independent Environmental Checker (IEC) before submitting to the Director for approval.
4.2 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least two 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.
4.3 Four 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 submission shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
4.4 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
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 Environmental Impact Assessment Ordinance (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 Project site by the amended permit.
4. A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the 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 Project 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 Project could be continued. It is an offence under Section 26 (1) of the Ordinance to construct or operate a designated project listed in 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-231/2005
環境許可證編號EP-231/2005
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