Environmental Permit No. EP-262/2007
環境許可證編號EP-262/2007
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 (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the AIRPORT AUTHORITY HONG KONG (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香港機場管理局(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-262/2006 |
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Document in the Register : 登記冊上的文件: |
1.
Environmental
Assessment Services for Permanent Aviation Fuel Facility -
Final
Environmental Impact Assessment Report -
Final
Environmental Impact Assessment Report Appendices Volume 1, 2 & 3 -
Executive
Summary for Final Environmental Impact Assessment Report -
Final
Environmental Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register
No. AEIAR-107/2007) 永久航空煤油設備環境評估服務 -
最終環境影響評估報告 -
最終環境影響評估報告附件第一、第二及第三冊 -
最終環境影響評估報告行政摘要 -
最終環境監察及審核手冊 下稱“環評報告”(登記冊編號AEIAR – 107/2007) 2.
The
Director’s letter of approval of the EIA Report dated 環境保護署署長於二○○七年五月三十日發出批准環評報告的信件檔案編號Annex (34) to EP2/N9/B/19 |
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Document in the Register : 登記冊上的文件: |
3.
Application
for Environmental Permit dated 許可證持有人於二○○六年十二月二十二日提交的許可証申請文件（申請書編號：AEP-262/2006） |
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30 May 2007 |
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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)
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 |
Permanent Aviation Fuel Facility [This designated project is
hereinafter referred to as “the Project”]. 永久航空煤油設備 [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 |
A permanent aviation fuel facility which includes : -
a storage and
transfer of oil facility with a storage capacity of not less than 1,000
tonnes; and -
a submarine
oil pipeline. 一所永久航空煤油設備，包括 : -
貯存量不少於1,000公噸的油類貯存和輸送設施；和
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Location of Designated Project 指定工程項目的地點 |
1.
Tuen Mun Area
38 for locating of aviation fuel storage tank farm; and 2.
Marine area
between Tuen Mun Area 38 and Sha Chau for laying of sub-sea fuel pipelines. The
location of the Project is shown in Figure 1 and Figure 2 of this Permit. 1.
航空煤油儲存油庫處於屯門第38區;和 2.
海底輸油管敷設於屯門第38區與沙洲之間的海域。 工程項目的地點展示於本許可證圖1和圖2內。 |
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Scale
and Scope of Designated Project |
The Project is to construct
and operate a permanent aviation fuel facility with the following major
elements : 1.
a jetty of two berths to accommodate vessels
with capacity up to 80,000 dwt; 2.
a tank farm, covering an site area of about
6.75ha, with gross fuel tankage capacity not more than 264,000 m3
on commissioning stage and not more than 388,000 m3 on final
stage; and 3.
a twin sub-sea pipelines with length of about
4.8km and diameter of about 500mm to transfer aviation fuel. 工程項目為建造及營辦一所永久航空煤油設備，其主要設施包括： 1.
能容納達80,000載重噸航空煤油運油船的雙泊位碼頭； 2.
總儲油容量於開始階段不多於264,000立方米和最終階段不多於388,000立方米，及工地約6.75公頃的航空煤油儲存油庫；和 3.
長約4.8公里及直徑約500毫米的雙管道每底油管，以輸送航空煤油。 |
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 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
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 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 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, constructed and operated in
accordance with the information and recommendations described in the approved
EIA Report (Register No. AEIAR-107/2007), the Application for Environmental
Permit (Application No. AEP-262/2006) 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). 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 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 dates of construction and
operation of the Project prior to the commencement of construction and
operation of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement dates of the
construction and operation.
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 Certain Parts of the Project
Employment of Environmental Monitoring
and Audit (EM&A) Personnel
2.1
An ET
shall be established by the Permit Holder before commencement of construction
of the Project. The ET shall not be in any way an associated body of the
Contractor or the 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 requirements as contained in the
EM&A Manual. The ET Leader shall keep a contemporaneous log-book of each
and every instance or circumstance or change of circumstances which may affect
the environmental impact assessment and each and every non-compliance with the
recommendations of the approved EIA Report (Register No. AEIAR-107/2007) 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 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 approved
EIA Report (Register No. AEIAR-107/2007) 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 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 programme, 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 approved EIA Report (Register No.
AEIAR-107/2007) 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
A qualified person with
a degree in biology shall be employed to carry out monitoring and visual
inspection of Chinese White Dolphin under Condition 3.17 of this Permit. The
qualification and experience of the qualified person shall be certified by ET
Leader and verified by the IEC. The qualified person shall form part of the ET.
Setting Up of
Community Liaison Group
2.4 To enhance
communication with the local community, the Permit Holder shall, within three months
after commencement of
construction of the Project, set up a Community
Liaison Group comprising
relevant stakeholders to advise on and monitor the proper design, construction
and operation of the Project and shall inform the
Advisory Council on the Environment (ACE) and the Director in writing the membership and terms of reference of the
Community Liaison Group and shall take into account ACE’s views. The Permit Holder shall place all minutes of
meetings, the relevant documents and the associated papers of the Community
Liaison Group on the
dedicated website set up by the Permit Holder under Condition 6.2, within one
month of the day of the meetings.
Updating of
Environmental Monitoring and Audit (EM&A) Manual
2.5 The Permit
Holder shall, no later than one month before the commencement of construction
of the sub-sea pipelines of the Project, submit to the Director for approval
four hard copies and one electronic copy of an updated EM&A Manual for the
Project. The updated EM&A Manual shall include
the detailed arrangements of setting up a Community Liaison Group mentioned in
Condition 2.4 of this Permit to monitor the proper design, construction and
operation of the Project, the detailed arrangements of carrying out design
audit of the arrangements and measures in the
Project and the revised water quality monitoring programme by inclusion of
monitoring of Persistent Organic Pollutants (POPs) during construction of the
Project. The updated EM&A Manual shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the approved EIA Report (Register No. AEIAR-107/2007).
3. Submissions
or Measures during the Construction of Certain Parts of the Project
Management Organization of Main Construction Companies
3.1
The Permit Holder shall, within one month after 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.
Measures to Mitigate Marine Archaeological Impact during Construction
3.2 A
marine archaeologist shall be engaged during the carrying out of dredging works
within 25m of the positions SS1 or SS2 as shown in Figure 3 of this Permit to
provide recommendations on the dredging works to avoid any marine
archaeological impact. All recommendations by
the marine archaeologist shall be fully implemented.
Submission
of the Waste Management Plan (WMP)
3.3
The Permit Holder
shall, within one month after the commencement of construction of the Project, deposit
with the Director four hard copies and one electronic copy of a Waste
Management Plan (WMP) for the construction stage of
the Project. The WMP shall be certified by the ET Leader and verified by
the IEC as conforming to the information and recommendations contained in the approved
EIA Report (Register No. AEIAR-107/2007). The WMP
shall describe the arrangements for avoidance, reuse, recovery and recycling,
storage, collection, treatment and disposal of different categories of waste to
be generated from the construction activities and shall include the recommended
mitigation measures on waste management in the approved EIA Report (Register
No. AEIAR-107/2007). The WMP shall indicate
the disposal location(s) of all surplus excavated spoil and other waste. A trip
ticket system shall be included in the WMP. Surplus excavated spoil and other
wastes shall only be disposed of at designated disposal locations unless
otherwise approved by the Director. All measures recommended in the approved
WMP shall be fully and properly implemented by the Permit Holder and any person
working on the Project throughout the construction period.
Submissions of the Landscape Plan
3.4
At least one month before commencement of the landscape works, the
Permit Holder shall deposit with the Director four
hard copies and one electronic copy of the landscape plan prepared for the Project. The landscape plan
shall include the locations, design details, implementation schedules, and
drawings in the scale of 1:1000 or other appropriate scale showing the
landscape and visual mitigation measures. The measures shall include the
perimeter landscaped berm and the landscaped planting. Before
submission to the Director, the landscape plan shall be certified by the ET Leader and verified by
the IEC as conforming to the information and
recommendations contained in the approved EIA Report (Register No. AEIAR-107/2007).
Measures to Prevent Risk to Life, Fuel
Spillage, Land Contamination and Water Quality Impact during Operation
3.5 The Permit Holder shall, at least one month before commencement of implementation
of the measures to prevent risk to life, fuel spillage, land contamination and
water quality impact during operation of the Project, deposit with the Director
four hard copies and one electronic copy of the detailed design showing details
of the measures to be used in the Project. Before submission to the Director,
the detailed design shall be certified by the ET Leader and
verified by the IEC as conforming to the information and recommendations
contained in the approved EIA Report (Register No. AEIAR-107/2007). The
measures shall include, but not be limited to, the following requirements :-
a)
Containment Systems of Aviation Fuel Storage Tank Farm
Containment systems including bund walls,
security walls and landscaped berm shall be properly designed and constructed
for the aviation fuel storage tank farm in accordance with the arrangements as shown
in Figure 4 of this Permit, in particular :
i)All aviation fuel storage tanks shall be located in bunded compounds
with capacity of more than 110% of the contents of the largest aviation fuel
storage tank in the bunded compounds;
ii)The bunds shall be partly sunken below the level of ground outside
the bunds. Wave deflector and fire-retardant joints shall be used at the bunds.
Intermediate bund walls shall be designed and constructed within the bunded
compounds for each aviation fuel storage tanks;
iii)Two impervious security walls and a landscaped berm of at least 1.5m high shall be designed and constructed outside the bunded compounds;
v)All the bund and security walls shall be properly designed and
constructed using reinforced concrete to provide sufficient structural strength
to withstand any liquid surged load in case of any accidents.
b)
Drainage Isolation and Lining System for Aviation Fuel Storage Tank
Farm
Drainage system shall be properly designed
and constructed for the aviation fuel storage tank farm to collect aviation
fuel in case of spillage. Valves and oil interceptors shall be installed at the
drainage system to prevent any oily discharge to the sea. Impermeable lining
shall be installed underneath all aviation fuel storage tanks to prevent
seepage of aviation fuel to ground.
c)
Overfilling Monitoring Systems and Leakage Detection Systems
Tank overfilling monitoring systems, pipeline
and impermeable lining leakage detection systems and emergency shutdown (ESD)
systems shall be properly designed and constructed for the Project. All ESD
systems shall be equipped with manual initiating devices. The ESD systems shall
also be initiated automatically in case of actuation of fire alarm system,
overfilling monitoring system of aviation fuel storage tanks and leakage
detection system of sub-sea pipelines.
d)
Installations at the Jetty
The jetty shall be installed with defensive
fenders and coupling points with slop collection utilities connecting to oil
interceptors.
e)
Sub-sea Pipelines Protective Measures
The sub-sea aviation fuel transfer pipelines
shall be properly designed and constructed to prevent or minimize any damage or
leakage risk. The sub-sea pipelines shall be protected in accordance with the
arrangement as shown in Figure 5 of this Permit. The sub-sea pipelines shall be
buried at least 3m below the seabed level and covered with protective armour
rock layer of at least 1.2m thick. No protective armour rock layer shall be
protruded above the seabed.
Measures to Mitigate Water Quality Impact
during Construction
3.6 No more than one dredger shall be in operation at any time during
construction of the Project.
3.7 No Lean Material Overboard (LMOB) system shall be used.
3.9 Bottom openings of barges and trailing suction hopper dredgers shall
be tightly sealed to prevent leakage of dredged materials. Freeboard on barges
shall be provided to ensure that decks are not washed by wave action.
3.10 No dredged material shall be
splashed to the surrounding water during loading of dredged material to barges
and hopper dredgers.
3.11 No dredged material shall be overflowed from barges and hopper
dredgers during loading or transportation.
3.12 To
mitigate environmental impacts due to site runoff and other potential water
pollution caused by construction activities, mitigation measures described in
Appendix A shall be
implemented throughout the construction period.
Measures to Protect the Sha Chau and Lung Kwu
Chau Marine Park and Avoid, Minimize or Mitigate Ecological and Fisheries
Impacts during Construction
3.14 No
construction work shall be carried out from shore or land within the Sha Chau
and Lung Kwu Chau Marine Park.
3.15 No
hydraulic dredging shall be carried out within the Sha Chau and Lung Kwu Chau Marine
Park.
3.16 Pipeline
trench dredging within the Sha Chau and Lung Kwu Chau Marine Park shall be
scheduled to coincide with maintenance dredging for marine access channel for
Sha Chau Aviation Fuel Receiving Facility.
3.17 A
250m dolphin exclusion zone during dredging activity shall be implemented.
Dredging works shall not be carried out until the area is certified by a
qualified person to ensure continuously clear of Chinese White Dolphin within
the 250m exclusion zone for 30 minutes.
3.18 No
dredging works shall be carried out in the night time (i.e. from 1900 hours to
0700 hours of the following day) except for the section crossing the Urmston
Road Channel as shown in Figure 6 of this Permit.
3.19 No dredging
works shall be carried out from March to August in order to avoid the peak
calving season of Chinese White Dolphin.
4. Submissions
or Measures for the Operation of the Project
Measures to Prevent Risk to Life, Fuel
Spillage, Land Contamination and Water Quality Impact during Operation
Design
Audit Report
4.1 The
Permit Holder shall be fully responsible for monitoring and audit the proper
implementation and effectiveness of the design arrangements and measures
mentioned in Condition 3.5 of this Permit to prevent risk to life, fuel
spillage, land contamination and water quality impact during operation of the
Project. The Permit Holder shall, at least six months before operation of the
Project, deposit with the Director four hard copies and one electronic copy of
an audit report showing the incorporation of the relevant recommendations and
measures. The audit report shall also include a systematic checking of the
design arrangements and measures incorporated in the Project and an operation
manual providing detailed operating and monitoring procedures for the operation
of the Project.
Annual
Audit Report
4.2 The
performances of the design arrangements and measures mentioned in Condition 3.5
of this Permit shall be inspected, tested and audited at least once a year and
documented in an annual audit report. Four hard copies and one electronic copy
of the annual audit report shall be deposited with the Director within first
three months after the end of the audit year.
Contingency
Plan
4.3 The
Permit Holder shall formulate a comprehensive contingency plan to handle the
event of fire, fuel spillage and fuel leakage. The contingency plan shall at
least detail the remedial actions, the emergency response planning and
procedures, the logistic arrangements and coordination and the notification
arrangements for the event of fire, fuel spillage and fuel leakage. Oil
dispersant shall not be used. The Permit Holder shall carry out regular
rehearsal of the contingency plan to ensure the effectiveness of the plan. The
Permit Holder shall, at least two month before operation of relevant parts of
the Project, deposit with the Director four hard copies and one electronic copy
of the contingency plan.
Environmental
Management System
4.4 The
Permit Holder shall, before the operation of the Project or otherwise agreed by
the Director, develop and implement an Environmental Management System (EMS)
for the operation of the Project. The EMS is to ensure that the operation of
the Project is in environmentally friendly manner and in accordance with all
relevant environmental legislations. The EMS shall include at least regular
audit of the Project to ensure that it is properly operated and maintained to
avoid or minimize any environmental impact. The Permit Holder shall engage an
Environmental Manager to oversee and implement the EMS. The Environmental
Manager shall be a person who has at least 7 years’ of experience in
Environmental Monitoring and Audit (EM&A) or environmental management. The
EMS shall be certified under ISO 14000 within 1 year after the operation of the
Project or otherwise agreed by the Director.
Design
Review Report for Second Stage Development
4.5 The
Permit Holder shall, at least 6 months before construction of the second stage
of the Project as shown in Figure 2 of this Permit, submit a design review
report to the Director for approval. The report shall include, but not be
limited to, a review of hazard to life assessment for the Project.
5. Environmental
Monitoring and Audit (EM&A) for the Project
5.1
The EM&A
programme shall be implemented in accordance with the procedures and
requirements in the EM&A Manual. Any changes to the
EM&A programme 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 seek
the prior approval from the Director before their implementation.
5.2 Four 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
sub-sea pipelines of the Project. The submission shall be
certified by the ET Leader and verified by the IEC before submission to the
Director. Additional copies of the submission shall be provided upon request by
the Director.
5.3 Four hard
copies and one electronic copy of the monthly EM&A Report for the Project
shall be submitted to the Director within 2 weeks after the end of the
reporting month. The submissions shall be certified by
the ET Leader and verified by the IEC before submission to the Director.
Additional copies of the submission shall be provided upon request by the
Director.
5.4
The actions described in
the Event/Action Plans of the EM&A Manual shall be fully and properly
carried out, in accordance with the time frame(s) as set
out in the Event/Action Plan, or as agreed by the Director.
5.5 All environmental monitoring and audit data
submitted under this Permit shall be true, valid
and correct.
5.6 To ensure a high degree of transparency
regarding the monitoring data and results, all environmental monitoring and
audit data and results and all submissions and all performance test data and
results required by this Permit shall be made available by the Permit Holder to
the public through a dedicated web site to be set up by the Permit Holder under
Condition 6.2 below, in the shortest practicable time and in no event later
than 2 weeks after such information is available.
5.7
Records of measurements and remedial actions taken
under Condition 5.4 of this Permit shall be logged and kept within 3 working days
of the collection of data or completion of remedial action, shall be included
in the EM&A Reports and shall be available for inspection on site or as
requested by the Director.
5.8 Within three months of the commencement of construction
of the Project, the Permit Holder shall install and thereafter maintain a
system of web cameras covering the works areas at Tuen Mun site. The system
shall provide real time visual monitoring of the site condition during construction
and be accessible by public through the dedicated web site set up by the Permit
Holder under Condition 6.2 below.
6. Electronic Reporting of EM&A
Information
6.1
To facilitate public inspection of the EM&A
Manual, Baseline Monitoring Report and the monthly 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 and shall be submitted at the
same time as the hard copies as described in Conditions 5.2 and 5.3 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.
6.2
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
results described in Condition 6.1 above, all submissions and all performance
test data and results required by this Permit and all minutes of meetings,
documents and papers for the Community Liaison Group as described in Condition
2.4 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 2 weeks after the relevant environmental monitoring data are collected or
become available, unless otherwise agreed with the Director.
6.3
The internet website as described in Condition 6.2
above shall enable user-friendly public access to the monitoring data and
project data including the EIA report, the environmental permit(s) and 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
work and all submissions under this permit;
(b) searching
by date;
(c) searching
by types of monitoring data; 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 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 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-262/2007
Appendix A (as
referred to in Condition 3.12)
Measures
to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water
Pollution During Construction
(a)
Surface Runoff
(i)
Surface run-off from
the construction site shall be directed into adequately designed sand/silt
removal facilities such as sand traps, silt traps and sediment basins before discharge
into storm drains. Channels, earth
bunds or sand bag barriers shall be provided on site to properly direct
stormwater to such silt removal facilities.
(ii)
Catchpits and
perimeter channels shall be constructed in advance of site formation works and earthworks.
(iii)
Silt removal
facilities, channels and manholes shall be maintained with the deposited silt
and grit being removed at least once a week, and at the onset of and after each
rainstorm to ensure that these facilities are functioning at all times.
(iv)
Open stockpiles of
construction materials (e.g. aggregates and sand) on site shall be covered with
tarpaulin or similar fabric during rainstorms. Measures such as providing sand
bag barriers shall be taken to prevent the washing away of construction materials,
soil, silt or debris into any drainage system.
(v)
Manholes (including
any newly constructed ones) shall always be adequately covered and temporarily
sealed so as to prevent silt, construction materials or debris from getting
into the drainage system, and to prevent storm run-off from getting into foul
sewers. Discharges of surface
run-off into foul sewers shall always be prevented in order not to unduly
overload the foul sewerage system.
(b)
General Construction
Activities
At all parts of all works areas and construction
sites, and throughout the full duration of the construction contract(s), debris
and rubbish on site shall be handled and disposed of to avoid entering the
water column and causing water quality impacts. Temporary on-site storage of excavated
materials shall be covered with tarpaulin or similar fabric during
rainstorms. Any washout of
construction or excavated materials should be diverted to the drainage system
via sediment traps. Stockpiling of the excavated material can be minimised by
scheduling the construction programme in a way that one section of the Project
can be constructed and completed before the excavation works of the next
section commence.
Environmental Permit No. EP-262/2007