Environmental Permit No.
EP-277/2007
環境許可證編號 EP-277/2007
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 (the EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Drainage Services Department (hereinafter referred to as the “Permit Holder”) to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
根據環境影響評估條例第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(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部所說明的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：-
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Application No. 申請書編號: |
AEP-277/2007 |
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Document in the Register : 登記冊上的文件 : |
(1) Drainage Improvement in Northern New Territories –
Package C : –
Environmental
Impact Assessment Final Report –
Environmental
Monitoring and Audit Manual –
Environmental
Impact Assessment – Executive Summary Report (Register No. AEIAR-108/2007) [Hereinafter referred
to as the “EIA Report”] (1) 新界北部雨水排放系統改善計劃C部份 : –
環境影響評估報告 –
環境監察及審核手冊 –
環境影響評估– 行政摘要報告 (登記冊編號 : AEIAR-108/2007)
[下稱 “環評報告”] (2) The Director’s letter
of approval of the EIA Report dated (2) 署長已於二零零七年七月九日發出該環評報告的批准信，檔案編號 : (30) in Ax(1) to EP2/N7/I/23 II。 |
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Date 日期 |
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(Maurice YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for the Director of Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音)楊國良代行) |
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PART
B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder
is the description of the designated project mentioned in Part A of this
environmental permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱
“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱 |
Drainage Improvement in
Northern New Territories – Package C 新界北部雨水排放系統改善計劃C部份 [This designated project
is hereinafter referred to as “the Project”] [這指定工程項目下稱 “工程項目”] |
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Nature of Designated Project |
Construction and
operation of drainage channels and other ancillary works 建造及營辦排水道及附屬工程 |
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Location of Designated Project 指定工程項目的地點 |
Lin Ma
Hang and Man 北區蓮麻坑及萬屋邊 The
location of the Project is shown in Figure 1, 2, 3 and 4 of this Permit. 指定工程項目的地點，見載於本許可證的圖1、圖2、圖3及圖4。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The Project mainly
consists of the followings:- 工程項目主要範圍包括以下:- (1)
Man Uk Pin 萬屋邊 i.
A two-stage
channel with existing natural river bed 一條兩階段式河道設計的排水道並保留現有自然河道底部 ii.
Trapezoidal
channels with gabion walls and mattress lining 以石籠護土牆襯砌及石籠襯層修建的梯形排水道 iii.
U-channels,
underground drainage pipes and box culverts U形排水道、地下排水管道和箱形暗渠 iv.
Re-provision of
six footbridges and six vehicular crossings 重置六條行人橋及六條車用通道 (2)
Lin Ma Hang 蓮麻坑 i.
Localized river
bank improvement works and a trapezoidal channel with gabion wall and mattress
lining 局部河岸改善工程和一段以石籠護土牆襯砌及石籠襯層修建的梯形排水道 ii.
Re-provision of
three vehicular crossings 重置三條車用通道 |
1 General Conditions
1.1
The
permit holder and any person working on the Project shall comply with all
conditions of 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) and Waste Disposal Ordinance (Cap.354). This Permit does not of itself
constitute any ground of defence against any proceedings instituted under any
legislation or imply any approval under any legislation.
1.3
The Permit Holder
shall make copies of this Permit together
with all documents referred to in this Permit or the documents referred to in
Part A of the Permit readily available at all times for inspection by the
Director or his authorised officers at all sites/offices covered by this
Permit. Any reference to the Permit
shall include all documents referred to in the Permit and also the relevant
documents in the Register.
1.4
The
Permit Holder shall give a copy of this Permit to the person(s) in charge of the
site(s) and ensure that such person(s) fully understands all conditions and all
requirements incorporated by the Permit.
The site(s) refers to site(s) of construction and operation of the
Project and shall mean the same hereafter.
1.5
The
Permit Holder shall display conspicuously a copy of this Permit on the Project
site(s) at all vehicular entrances/exits or at a convenient location for public
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 descriptions in Part B of this Permit.
1.7
The
Permit Holder shall ensure that the Project is designed, constructed and
operated in accordance with the information and all recommendations described in
the EIA Report (Register No.: AEIAR-108/2007), other relevant documents in the
Register; and the information or mitigation measures described in this Permit,
and mitigation measures to be recommended in submissions that shall be
deposited with or approved by the Director as a result of permit conditions
contained in this Permit, and mitigation measures to be recommended under on
going surveillance and monitoring activities during all stages of the
Project. Where recommendations
referred to in the documents of the Register are not expressly referred to in
this Permit, such recommendations are nevertheless to be implemented unless
expressly excluded or impliedly amended in this Permit.
1.8
All
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 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 Special Conditions
Submissions or Measures before Commencement
of Construction
2.1 An ET shall be established by the Permit Holder no later than one month before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Manual (Register No.: AEIAR-108/2007) of the Project. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report (Register No.: AEIAR-108/2007) and this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report (Register No.: AEIAR-108/2007) 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 no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual (Register No.: AEIAR-108/2007) and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No.: AEIAR-108/2007) 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 The Permit Holder shall, no later than 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 to the Director for approval at least one month before commencement of construction four hard copies and one electronic copy of a landscape plan showing the locations, size, number and species of plantings, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as confirming to the information, requirements and recommendations set out in the approved EIA Report (Register No.: AEIAR-108/2007).
Measures to be Implemented during
Construction
Man
2.5 No excavation works at existing stream section of River Indus at Man Uk Pin (MUP05) shall be carried out from 1st April to 30th September to minimize water quality impact. The works at MUP05 shall be restricted to a maximum length of 300m at any time except for the first 300m upstream section of MUP05. For Loi Tung River (MUP04A), the construction works shall be restricted to a maximum length of 100m to minimize the potential cumulative impact with MUP05. The excavation areas at river bed shall be enclosed with bunds or sand bag barriers wrapped with geotextile fabric to minimize the impacts to the downstream of River Indus.
2.6 Stockpiling areas for excavated material shall be located at least 20m away from village premises to minimize odour impact.
2.7 Temporary noise barriers shall be installed at locations shown in Figure 5 and Figure 6 of this Permit throughout the construction of the Project. The temporary noise barriers shall be constructed with material with a minimum superficial density of 7 kg/m2. The temporary noise barriers shall be a continuous structure with no gap.
2.8 Surface run-off from the Project site boundary shall be discharged directly into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into stormwater drainage system.
2.9 Surplus construction and demolition materials and waste shall be disposed of at the Public Filling Facility at Tuen Mum Area 38 and the North East New Territories (NENT) Landfill respectively or other location(s) unless otherwise agreed by the Director.
2.10 Landscaping measures shall be implemented for the Project in accordance with the landscape plan approved under Condition 2.4 of this Permit. At least one month before the Project commences operation, four hard copies and one electronic copy of detailed landscape as-built drawing(s) with an explanatory statement showing the final locations, size, number and species of planting to demonstrate compliance with the approved submissions under Condition 2.4 of this Permit shall be deposited with the Director. This as-built submission shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.4 is fulfilled.
Lin Ma Hang
2.11 No concrete shall be used for the bank improvement works at the Lin Ma Hang Stream (LMH01).
2.12 No excavation works at LMH01 shall be carried out from 1st April to 31st October. The excavation areas at river bed shall be enclosed with bunds or sand bag barriers wrapped with geotextile fabric to minimize the impacts to the Lin Ma Hang Stream.
2.13 Surface run-off from the Project site boundary shall be discharged directly into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into stormwater drainage system.
2.14 Temporary noise barriers shall be installed at locations shown in Figure 7 and Figure 8 of this Permit throughout the construction of the Project. The temporary noise barriers shall be constructed with material with a minimum superficial density of 7 kg/m2. The temporary noise barriers shall be a continuous structure with no gap.
2.15 Bank improvement works at Lin Ma Hang Stream and reconstruction of vehicular crossing shall not be carried out concurrently to avoid cumulative construction noise impact.
2.16 Landscaping measures shall be implemented for the Project in accordance with the landscape plan approved under Condition 2.4 of this Permit. At least one month before the Project commences operation, four hard copies and one electronic copy of detailed landscape as-built drawing(s) with an explanatory statement showing the final locations, size, number and species of planting to demonstrate compliance with the approved submissions under Condition 2.4 of this Permit shall be deposited with the Director. This as-built submission shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.4 is fulfilled.
2.17 The structure of a built heritage stone terrace wall (AAHB-855) at Lin Ma Hang as shown in Figure 9 shall be protected by heavy duty plastic sheeting and shall be remained intact during the construction.
Measures and Submissions to be Implemented
during Operation of the Project
2.18 To minimize water quality and ecological impact, maintenance works for the channels at Man Uk Pin and Lin Ma Hang Stream including vegetation management and desilting shall be carried out during dry season from 1st October to 31st March. The works area shall be enclosed by containment structures such as bunds and sand bag barriers to minimize water quality impact.
3 Environmental Monitoring and Audit (EM&A) Requirements
3.1 The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No.: AEIAR-108/2007) of the Project. 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 implementation.
3.2 Samples and measurements for noise, air quality and water quality monitoring shall be taken in accordance with the requirements of the EM&A Manual by :
(a)
conducting baseline environmental monitoring;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and logging and keeping records of details of all parameters within 3 working days of the collection of data or completion of remedial actions(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available for inspection on site; and
(d) conducting post-construction ecological monitoring described in the EM&A Manual.
3.3 Four hard copies and one electronic copy of Baseline Monitoring Report shall be submitted to the Director at least two weeks before the commencement of construction. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the Baseline Monitoring Report shall be provided upon request by the Director.
3.4 Four hard copies and one electronic copy of Monthly EM&A Reports for the construction stage shall be submitted to the Director, within 10 working days after the end of the reporting month. The Monthly EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit levels), the status of submission required under this Permit and the types, quantities and disposal locations of all surplus excavated materials and wastes arising from 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 Monthly EM&A Reports shall be provided upon request by the Director.
3.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4 Electronic Reporting of EM&A Information
4.1 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 5.3 and 5.4 of this Permit. For the HTML version, a content page capable of providing hyperlink of 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 interlaced Graphics Interchange Format (GIF) unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.
Notes :
1.
This Permit consists of three parts, namely, PART A (Main Permit), PART
B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this permit should
obtain independent legal advice on the legal implications under the Ordinance,
and the following notes are for general information only.
2.
If there is a breach of any conditions of this Permit, the Director or
his authorized officer may, with the consent of the Secretary for the
Environment, Transport and Works, order the cessation of associated work until
the remedial action is taken in respect of the resultant environmental damage,
and in that case the Permit Holder shall not carry out any associated works
without the permission of the Director or his authorized officer.
3.
The Permit Holder may apply under Section 13 of the Ordinance to the
Director for a variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the construction site by the amended permit.
4.
A person who assumes the responsibility for the whole or a part of the
designated project may, before he assumes responsibility of the designated
project, apply under Section 12 of the Ordinance to the Director for a further
environmental permit.
5.
Under Section 14 of the Ordinance, the Director may with the consent of
the Secretary for the Environment and Food, suspend, vary or cancel this
Permit. The suspended, varied or cancelled
Permit shall be removed from display at the construction site.
6.
If this Permit is cancelled or surrendered during construction or
operation of the Project, another environmental permit must be obtained under
the Ordinance before the Project could be continued. It is an offence under section 26(1) of
the Ordinance to construct or operate a designated project listed in Part I of
schedule 2 of the Ordinance without a valid environmental permit.
7.
Any person who constructs or operates the Project contrary to the
conditions in the Permit, and is convicted of an offence under the Ordinance,
is liable:-
(i)
on a first conviction on indictment to a fine of $ 2 million and to
imprisonment for 6 months;
(ii)
on a second or subsequent conviction on indictment to a fine of $ 5
million and to imprisonment for 2 years;
(iii)
on a first summary conviction to a fine at level 6 and to imprisonment
for 6 months;
(iv)
on a second or subsequent summary conviction to a fine of $1 million
and to imprisonment for 1 year; and
(v)
in any case where the offence is of a continuing nature, the court or
magistrate may impose a fine of $ 10,000 for each day on which he is satisfied
the offence continued.
8.
The Permit Holder may appeal against any condition of this Permit under
Section 17 of the Ordinance within 30 days of receipt of this Permit.
9.
The Notes are for general reference only and that the Permit Holder
should refer to the EIA Ordinance for details and seek independent legal
advice.
Environmental Permit No.
EP-277/2007
環境許可證編號 EP-277/2007