Environmental Permit No. EP-248/2006
環境許可證編號 EP-248/2006
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT, OPERATE AND DECOMMISSION
DESIGNATED PROJECT(S)
建造、營辦及解除運作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 (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to THE HONGKONG ELECTRIC COMPANY LIMITED (hereinafter referred to as the "Permit Holder") to construct, operate and decommission the designated project(s) 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香港電燈有限公司 (下稱”許可證持有人”)，以建造、營辦及解除運作B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-248/2006 |
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Document in the Register : 登記冊上的文件:
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1. Lamma Power Station Units L4 & L5 Flue Gas Desulphurization Plant Retrofit Project - Environmental Impact Assessment Report - Executive Summary Hereinafter referred to as the “EIA Report” (Register No. : AEIAR-098/2006)
南丫發電廠第四及五號機組烟氣脫硫裝置加裝工程 - 環境影響評估報告 - 行政摘要 下稱“環評報告”（登記冊編號AEIAR-098/2006）
2. The Director’s letter of approval of the EIA Report dated 24 March 2006 referenced Annex (9) to EP2/N9/D/60
環境保護署署長於二○○六年三月二十四日發出批准環評報告的信件檔案編號Annex (9) to EP2/N9/D/60
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Document in the Register : 登記冊上的文件:
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3. Application for Environmental Permit on 28 March 2006 (Application No.: AEP-248/2006)
許可證持有人於二○○六年三月二十八日提交的許可証申請文件（申請書編號：AEP-248/2006）
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25 April 2006 |
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Date 日期 |
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(Simon Y M HUI) Principal Environmental Protection Officer (Regional Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估) 許一鳴代行) |
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PART B (DESCRIPTION OF DESIGNATED PROJECT(S))
B部 (指定工程項目的說明)
Hereunder is the description of the designated project(s) 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
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Lamma Power Station Units L4 & L5 Flue Gas Desulphurization Plant Retrofit Project (This designated project is hereafter referred to as “the Project”) (本指定工程項目下稱“工程項目”)
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Nature of Designated Project 指定工程項目的性質
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(a) Decommissioning of a store for oil with a storage capacity exceeding 200 tonnes
(b) Material change to an exempted Designated Project - public utility electricity power plant 實質改變獲豁免的指定工程項目 – 公用事業電力廠。
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Location of Designated Project 指定工程項目的地點
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Lamma Power Station, Lamma Island. 南丫島南丫發電廠。
Location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。
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Scale and Scope of Designated Project |
(a) Demolition of the existing Number 4 and Number 5 Light Oil Tanks, each with capacity of about 250m3, within the Lamma Power Station; and 拆缷南丫發電廠內現存的第四及第五号輕油缸，每個輕油缸的貯存量為250立方米。
(b) Retrofitting of Flue Gas Desulphurization (FGD) Plants for the coal-fired Units L4 and L5 within the Lamma Power Station. 加裝烟氣脫硫裝置在南丫發電廠內的第四及第五号燃煤發電機組。
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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 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 Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Noise Control Ordinance (Cap. 400), Dumping at Sea Ordinance (Cap. 466) and Factories and Industrial Undertakings Ordinance (Cap. 59). This Permit does not of itself constitute any ground of defense 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 and 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 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 decommissioning and 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 decommission, construct and operate the Project in accordance with the project description in Part B of this Permit.
1.7 The Permit Holder shall ensure that the Project is designed, decommissioned, constructed and operated in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-098/2006), the Application for Environmental Permit (Application No. AEP-248/2006) and 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 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 specified by the Director.
1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (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 Environmental Impact Assessment 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 Environmental Impact Assessment 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(s) of decommissioning and construction of the Project no later than one week prior to the commencement of decommissioning and construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date(s) of the decommissioning and construction.
1.13 For the purpose of this Permit, “commencement of decommissioning and construction” does not include works related to site preparation or other works as agreed by the Director.
2. Specific Conditions
Measures for Decommissioning and Construction of the Project
2.1 The decommissioning and construction of the Project shall only be carried out at the location as shown in Figure 1 and Figure 2 of this Permit. No other oil storage tanks, except the existing Number 4 and Number 5 Light Oil Tanks as shown in Figure 2 of this Permit, shall be demolished.
Submissions or Measures to Avoid Land Contamination
2.2 The Light Oil Tanks shall be properly cleaned before their demolition. All wastes and effluent arising from the cleaning of the Light Oil Tanks shall be handled as chemical wastes and shall be properly collected, stored, treated and disposed of.
2.3 The excavated materials arising from the demolition of the Light Oil Tanks shall be properly handled to avoid hazard and environmental impacts associated with land contamination. No excavated materials arising from the demolition of the Light Oil Tanks shall be stockpiled, treated or disposed of outside the Lamma Power Station and its Extension.
2.4 The excavated materials arising from the demolition of the Light Oil Tanks shall be contained during storage and transportation. The excavated materials shall be stored on and covered by impermeable lining sheets or other materials as agreed by the Director. The excavated materials shall be transported in the containers which can contain any discharge or leakage arising during the transportation.
2.5 The excavated contaminated materials arising from the demolition of the Light Oil Tanks shall be decontaminated within the Lamma Power Station and its Extension in accordance with the Land Contamination Remediation Action Plan contained in the approved EIA report (Register No. AEIAR-098/2006). Bio-remediation methods or other methods as agreed by the Director shall be used to remedy the petroleum hydrocarbon contamination in the excavated materials. Sampling and monitoring of the level of contamination of the excavated contaminated materials shall be carried out during the treatment process.
2.6 Confirmation sampling and testing shall be carried out to verify the completion of the decontamination process of the excavated contaminated materials arising from the demolition of the Light Oil Tanks prior to the reuse or disposal of the decontaminated materials within the Lamma Power Station and its Extension.
2.7 The Permit Holder shall, no later than one month before the commencement of excavation associated with the demolition of the Light Oil Tanks, submit to the Director for approval four hard copies and one soft copy of the detailed proposal of controlling land contamination and handling of excavated contaminated materials. The proposal shall include the following information :
(a) detailed arrangements of excavating, stockpiling, transporting and treating the excavated materials;
(b) detailed design and method statement of the bio-remediation treatment methods;
(c) detailed monitoring arrangements, including details of samplings, testings and evaluation criteria, to verify the completion of the treatment process and the suitability of the reuse or disposal of the excavated materials;
(d) locations of the reuse or disposal of the decontaminated materials; and
(e) other measures to prevent land contamination during the decommissioning of the Project.
All measures recommended in the proposal shall be fully and properly implemented.
2.8 The Permit Holder shall, no later than one month after the completion of the treatment process, deposit with the Director four hard copies and one soft copy of the decontamination verification report. Level of total petroleum hydrocarbon (TPH) in the excavated contaminated material before and after the treatment and total quantity of excavated contaminated materials arising from the demolition of the Light Oil Tanks shall be included in the decontamination verification report.
Measures to Mitigate Water Quality Impacts during Decommissioning and Construction of the Project
2.9 Any groundwater arising from the decommissioning of the Project shall be recharged back to the site of the Project. No groundwater shall be used for any purposes.
2.10 All wastewater or effluent arising from the stockpiling, transportation and treatment of the excavated contaminated materials shall be properly collected and treated.
2.11 Surface run-off from the construction site shall be directed into sand/silt removal facilities such as sand/silt traps and sediment basins before discharge. The sand/silt removal facilities shall be adequately designed and properly operated and maintained to ensure that these facilities are properly functioning at all times.
2.12 Temporary on-site storage of excavated materials shall be covered with tarpaulin or similar fabric.
Measures to Manage Construction Wastes
2.13 No waste, spoil and excavated materials or materials alike arising from the decommissioning and construction of the Project shall be dumped in any environmentally sensitive areas including the Site of Special Scientific Interest, the coastal protection area, the conservation area and the agricultural land on the Lamma Island.
Measures for Operation of the Project
2.14 No other process, except the Wet Limestone-Gypsum process used in the FGD plants of the coal-fired Units L6, L7 and L8 within the Lamma Power Station, shall be used in the FGD plants for the coal-fired Units L4 and L5 unless otherwise agreed by the Director.
2.15 All wastewater arising from the operation of the FGD plants for the coal-fired Units L4 and L5 shall be collected and directed to the existing wastewater treatment plant within the Lamma Power Station for treatment.
2.16 No gypsum or sludge arising from the operation of the FGD plants for the coal-fired Units L4 and L5 shall be disposed of anywhere. All gypsum and sludge shall be collected and reused.
2.17 Equipments including the Absorber Recirculation Pump, Oxidation Air Blower, Booster Fan and Booster Fan Motor of the FGD plants shall be acoustically insulated and the Gas-Gas Heater (untreated side) of the FGD plants shall be provided with reinforced lagging to reduce the noise impact.
Environmental Monitoring and Audit (EM&A) Requirements and Electronic Reporting of EM&A Information
2.18 The EM&A programmes for the Lamma Power Station and its Extension shall be extended and implemented to cover the operation of the Project. The EM&A personnel, including the Environmental Team (ET) Leader as required by the Environmental Permit for the Lamma Power Station Extension project (Permit No. EP-071/200/C), shall monitor and audit the environmental performance of the Project. Remedial actions shall be proposed and implemented where the recommendations contained in or the performance targets as proposed in the approved EIA Report (Register No. AEIAR-098/2006) cannot be achieved.
2.19 The EM&A Reports prepared for the Lamma Power Station or its Extension shall be extended to cover the Project. To facilitate public inspection of the EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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. 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.
2.20 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the Project and the associated EM&A data are to be placed within six weeks after the commencement of decommissioning and construction of the Project. All submissions required by this Permit and all Project and EM&A data shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable and in no event later than two weeks after the relevant EM&A data are collected and become available, unless otherwise agreed with the Director.
2.21 The internet website as described in Condition 2.20 above shall enable user-friendly public access to the Project and EM&A data. The internet website shall have features capable of :-
(a) providing access to Project data including the approved EIA report (Register No. AEIAR-098/2006), this Permit and the 3-dimensional model of the FGD plants as shown in the approved EIA report (Register No. AEIAR-098/2006). Through the internet website, the public should be able to navigate the 3-dimensional model of the FGD plants;
(b) providing access to the finalized submission as required by Condition 2.7 of this Permit and the decontamination verification report as required by Condition 2.8 of this Permit;
(c) providing access to all relevant EM&A data collected in the EM&A programmes for the Lamma Power Station and its Extension for the operation of the Project. The EM&A data shall include the air quality monitoring data obtained in the Continuous Emission Monitoring (CEM) System at stack, the manual stack particulate sampling, the dust monitoring stations around the Lamma Power Station and the ambient air quality monitoring network for the Lamma Power Station, the water quality monitoring data of the FGD wastewater treatment plant and the collected and reused quantity of FGD gypsum and sludge.
(d) searching the EM&A data by date or by types of monitoring data; and
(e) 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 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 decommissioning, 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 decommission, construct or operate a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who decommissions, 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 conditions 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.
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