Environmental
Permit No.
EP-259/2006
環境許可證編號
EP-259/2006
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 OPERATE
A
DESIGNATED PROJECT
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 Director of
Environmental Protection (the Director) grants this Environmental Permit to the
Yuen Long Fish Merchants’ Association Limited (the "Permit
Holder") to operate the designated project described in Part
B subject to the conditions described in or attached to Part
C.
This
Permit of the Pond Fish Wholesale Market will only be valid for a maximum of
three months operation period (from
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元朗鮮魚業批發商會有限公司(許可證持有人)以營辦B部所說明的指定工程
項目，但須遵守C部所說明或附載的條件。
本供營辦塘魚批發市場的許可證有效期最長為3個月(由2007年1月1日至2007年3月31日)。在地政監督終止許可證持有人與香港特別行政區就元朗第12規劃區塘魚批發市場簽訂的租約時，本許可證將即時撤銷。
本環境許可證乃依據下列文件、批准或許可而
簽發﹕
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Application
No. 申
請書書編號 |
AEP-259/2006 |
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Document
in the Register : 登
記冊上的文件： |
1. West Rail – Final Assessment Report West Kowloon to Tuen Mun Centre – Environmental Impact Assessment and its Technical Annexes Report Vol.1 (Register No. EIA-149/BC) [Hereafter referred to as the EIA report] 西部鐵路—最終評估報告
西九龍至屯門中心—
環境影
響評估及其技術附件報告第一冊 [下稱“環評報告”] 2.
Environmental Permit Issued – Permit No.:VEP-01/2000/A/EP-047 issued on
已
簽發的環境許可證-許可證編號:
VEP-01/2000/A/EP-047 於2000年3月13日
簽發 3.
Environmental Permit Issued – Permit No.: EP-055/2000 issued on
已
簽發的環境許可證-許可證編號:
EP-055/2000於2000年4月1日
簽發 4.
Environmental Permit Issued – Permit No.: EP-161/2003 issued on
已
簽發的環境許可證-許可證編號:
EP-161/2003於2003年3月21日簽發 5.
Environmental Permit Issued – Permit No.: EP-188/2004 issued on
已簽發的環境許可證-許可證編號:
EP-188/2004於2004年4月1日簽發 6.
Environmental Permit Issued – Permit No.: EP-211/2005 issued on
已簽發的環境許可證-許可證編號:
EP-211/2005於2005年3月29日簽發 7.
Environmental Permit Issued – Permit No.: EP-243/2006 issued on
已簽發的環境許可證-許可證編號:
EP-243/2006於2006年3月28日簽發 |
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Date 日期 |
(Mr 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 | |||||||
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:
下列為本環境許可證A部所提及的指定工程
項目的說明:
|
Title
of Designated Project 指定工程
項目的名稱 |
Pond
Fish Wholesale Market in Yuen Long 元朗塘魚批發市場 [Hereafter
referred to as the Project] [下稱“工程
項目”] |
|
Nature
of Designated Project |
Operate
a temporary Pond Fish Wholesale Market for 3 months. (from 營辦一
個臨時塘魚批發市場3個月(由2007年1月1日至2007年3月31日止)。 |
|
Location
of Designated Project 指定工程
項目的地點 |
Yuan
Long Area 12. The location of the project is shown in Figure
1 of this Environmental Permit. 元朗第12區。工程
項目的地點載於本環境許可證的圖1。 |
|
Scale and Scope
of Designated Project(s) 指定工程項目的
規模和範圍 |
Operate
a temporary dual-storey fish trading market on a site of approximately
6000 m2 for 3 months from
在一幅約6000平方米的土地上營辦一
個臨時雙層魚類批發市場3個月(由2007年1月1日至2007年3月31日止)。 |
1
General
Conditions
1.1 The Permit
Holder shall ensure full compliance with all conditions of this environmental
permit (the Permit). Any non-compliance with this Permit may constitute a
contravention of the Environmental Impact Assessment Ordinance (Cap.499) and
shall be definite ground for enforcement action or permit cancellation where
applicable.
1.2 This
Permit shall not remove the responsibility of the Permit Holder to comply with
any legislation currently in force such as the Noise Control Ordinance (Cap.
400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap.
466), the Waste Disposal Ordinance (Cap. 354) and other.
1.3 The Permit
Holder shall make copies of this Permit available at all times for inspection by
the Director at all sites covered by this Permit.
1.4
The Permit
Holder shall give a copy of this Permit to the person(s) in charge of the
site.
1.5
The Permit
Holder shall display a copy of this Permit at all vehicular site entrances/exits
or at a convenient location of the Pond Fish Wholesale Market for public
information at all times. The Permit Holder shall ensure that the most updated
information about the environmental 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 of Environmental
Protection shall also be displayed at the same locations as the original
Permit.
1.6
A copy of
the EIA Report shall be kept in the Pond Fish Wholesale Market’s site office for
reference.
1.7
The Permit
Holder shall operate the Project in accordance with the conditions described in
Part
C of this
Permit.
1.8
The Permit
Holder shall ensure that the Project is operated in accordance with the
information and recommendations contained in the EIA Report, the requirements in
environmental permit No. VEP-01/2000/A/EP-047 and the requirements of this environmental
permit.
2. Measures
to Ensure the Environmental Performance of the Project
2.1 Within the
three month operation period of the Pond Fish Wholesale Market, the Permit
Holder shall permit the staff, and/or the agent, of the Kowloon
Canton Railway Corporation (KCRC),
to enter the site with or without equipment/machinery and install monitoring
device(s) to monitor the environmental performance of the Pond Fish Wholesale
Market.
2.2
Within
the three month operation period of the Pond Fish Wholesale Market,
the
Permit Holder shall liaise with KCRC and implement any additional environmental
mitigation measures to the Director’s satisfaction to ensure the environmental
performance of the Pond Fish Wholesale Market.
2.3 Within the
three month operation period of the Pond Fish Wholesale Market, should the
Director consider the operation of the Pond Fish Wholesale Market unlikely to
achieve the requirements of the EIA Study Report for the noise sensitive
receiver(s) at Yuen Long Planning Area 12 and 15, the
Permit Holder shall allow the staff, and/or the agent of the KCRC, to enter the
site at all times, with or without equipment and machinery, to implement
additional environmental mitigation measures upon receiving written notice
issued by the Director. The additional mitigation measures may include, but not
necessarily be limited to, the followings:
i) Relocation
of the loading/unloading bays of the Pond Fish Wholesale Market to the east side
of the site;
ii) Retrofit
the market structure to ensure there is no opening or only insulated opening
along the western façade. This may include retrofitting a cover and boundary
walls to mitigate noise impacts on adjacent noise sensitive receiver(s);
iii) Provision
of additional mechanical ventilation to ensure the dilution of odour and prevent the accumulation of vehicle exhaust fumes.
3. Measures
To Be Implemented During the Operation
Period
3.1 The Permit
Holder shall implement measures described in Annex
A to
mitigate the air quality impacts.
3.2 The Permit
Holder shall implement measures described in Annex
B to
mitigate noise impacts.
3.3 The Permit
Holder shall implement measures described in Annex
C to
mitigate water quality impacts.
3.4 The Permit
Holder shall implement measures described in Annex
D to
mitigate the waste impacts.
Notes:
1.
This
environmental permit consists of three parts, namely, PART
A (Main Permit),
PART
B (Description of Designated Project) and
PART
C (Permit Conditions).
2.
The Permit
Holder may apply under section 13 of the Environmental Impact Assessment
Ordinance to the Director for a variation of the conditions of this
environmental permit. The Permit Holder shall replace the original permit
displayed on the construction site, by the amended permit.
3. 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.
4. Under
section 14 of the Ordinance, the Director with the consent of the Secretary for
Environment, Transport and Works, may suspend, vary or cancel this environmental
permit. The cancelled permit shall be removed from the display on the
operation site.
5.
If this
permit is cancelled or surrendered during the operation, an environmental permit
must be obtained under the Ordinance before the 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 without an environmental
permit.
6. All
submissions as required under this permit shall be deposited in the
Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.
7.
Any person
who operates the designated project contrary to the conditions in this 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. Under section 17 of the EIA
Ordinance, the applicant may appeal to the Appeal Board against the Director’s
decision within 30 days of receipt of this environmental
permit.
Measures
to Mitigate Air Quality Impacts during Operation
To
mitigate the environmental impact from air quality, the following mitigation
measures shall be implemented:
(a) To avoid
odour problems on site, regular collection from the
refuse collection point shall be carried out with high standards of general
house-keeping within the market;
(b) Cleansing
of the market should be implemented by the traders under supervision, on a daily
basis;
(c) Sufficient
ventilation should be allowed inside the Pond Fish Wholesale Market to ensure
dilution of odour and prevent the accumulation of
vehicle exhaust fumes from the nearby road;
(d) Delivery
vehicles should turn off their engines when loading or unloading or if queuing
for access to loading/unloading bays; and
(e) Air intake
points for air-conditioning systems shall be carefully located to avoid taking
in excessive fumes from vehicular exhaust.
Measures
to Mitigate Noise Impacts during Operation
To
mitigate the environmental impact from operational noise, the following
mitigation measures shall be implemented:
(a) Sufficient
on-site road space and loading/unloading bay area shall be allowed to
accommodate the peak throughput of delivery vehicles such that off-site queuing
of vehicles can be eliminated;
(b) Delivery
vehicles should turn off their engines when loading or unloading or if queuing
for access to loading/unloading bays.
Measures
to Mitigate Water Impacts during Operation
To
mitigate the water quality impacts, the following mitigation measures shall be
implemented:
Site
Run-off
(a) Appropriate
measure should be implemented to control site run-off thereby preventing high
loading of suspended solids from entering the nearby reserve drainage system and
other drainage systems in the vicinity. Proper site management shall be employed
to minimize surface run-off and sewage effluents to nearby storm
drains.
Site
Drainage
(b) Interceptors
installed to floor drains shall be properly used and maintained;
(c) Grating of
an appropriate grate size over the surface channels shall be properly used and
maintained;
(d) Removable
vertical grates, in the surface channels at a frequency of one grate for every
six market stalls, shall be properly used and maintained;
(e) Pyramid
type grating above the outlet point with a hinged lid, together with vertical
grates on either side of the pyramid trap shall be properly used
and maintained;
(f) Removable
sump bucket, under the pyramid grating, with drain hole shall be properly used
and maintained;
(g) The
drainage system shall be cleaned at a regular frequency using gully suckers or
other appropriate equipment to ensure that the performance of the system is
effective in removing solid materials.
Measures
to Mitigate Waste Impacts during Operation
To
mitigate the environmental impact from waste, the following mitigation measures
shall be implemented:
Site
Cleaning
(a) Daily
supervised clean-up shall be carried out by each of the stall holder. The public
areas of the market and the lorry parking areas should be cleaned daily by a
cleaning contractor upon closing of the market. Any waste collected should be
properly transferred to the refuse collection area.
Waste
Handling, Storage, Collection and Disposal
(b) Containers
should be strategically located around the market to facilitate the collection
of wastes. Stall holders should undertake the cleaning of waste from their
stalls upon the close of the market by placing waste in these
containers;
(c) The
containers should then be taken by the stall-holders to the proposed refuse
collection area. These larger containers of waste should be emptied daily by a
Food and Environmental Hygiene Department’s refuse collection vehicle and
transported to a solid waste transfer station or landfill for disposal at the
close of each market day; and
(d) The refuse collection area should be fully enclosed and comprise of a shed constructed with brick walls and a roof.
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