Environmental Permit No. EP-282/2007
環境許可證編號EP-282/2007
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 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》(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-282/2007 |
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Document in the Register : 登記冊上的文件: |
1.
Outlying
Islands Sewerage Stage 1 Phase 1 Environmental Impact Assessment Report for
Package B (Siu Ho Wan Sewage Treatment Works Upgrading), Package C (Yung Shue
Wan Sewage Treatment Works and Outfall), Package D (Peng Chau Sewage Export
Scheme) and Package E (Cheung Chau Outfall Replacement) -
Final Assessment Report -
Final Assessment Executive Summary -
Environmental Monitoring and Audit Manual Hereinafter referred to as the
“EIA Report” (Register No. : EIA-124/BC) 離島排污設備第1階段第1期第B 組(小蠔灣污水處理廠改善工程)、第C 組(榕樹灣污水處理廠及海底排放管道)、第D 組(坪洲污水輸出計劃)及第E 組(長洲更換海底排放管道)工程 -
最終評估報告 -
最終評估行政摘要 -
環境監察及審核手冊 下稱“環評報告”（登記冊編號EIA-124/BC） |
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Document in the Register : 登記冊上的文件: |
2.
Application
documents for Environmental Permit received on 許可證持有人於二○○七年六月五日提交的許可証申請文件 （申請書編號：AEP-282/2007） |
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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 |
Outlying
Islands Sewerage Stage 1 Phase 1 Part 2 – Yung Shue Wan Sewerage, Sewage
Treatment Works and Outfall. (This
designated project is hereafter referred to as “the Project”) 離島污水收集計劃第1階段第1期第2部份- 容樹灣污水管道、污水處理及排放。 (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 submarine
sewage outfall. 海底污水渠口。 |
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Location of Designated Project 指定工程項目的地點 |
Yung Shue
Wan, Lamma Island. 南丫島容樹灣。 The
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 |
The Project
is mainly to construct and operate the following sewage infrastructures: -
a sewage treatment works of capacity about
2,850m3/day; and -
a submarine outfall of about 500m in length
and 325mm in diameter. 工程項目主要為建造及營辦下列的污水處理基礎設施： -
一所處理量達約每日 2,850
m3 的污水處理設施; 及 -
長約 500m 和直徑約 325mm 的海底排放渠。 |
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 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
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 EIA Report
(Register No. EIA-124/BC), the application documents for Environmental Permit
(Application No. AEP-282/2007) 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 Condition 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 no later than two weeks 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. Measures before
Commencement of the Construction of the Project
2.1
An Environment Team (ET) shall be
established by the Permit Holder no later than one month before commencement of
construction of the Project. The ET shall not be in any way an associated body
of the Contractor or the Independent Environmental Checker (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 provided in the
application documents for Environmental Permit (Application No. AEP-282/2007).
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 EIA Report (Register No. EIA-124/BC), application documents for Environmental
Permit (Application No. AEP-282/2007) 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.
EIA-124/BC), application documents for Environmental Permit (Application No.
AEP-282/2007) 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 Independent
Environmental Checker (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 provided
in the application documents for Environmental Permit (Application No.
AEP-282/2007) 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 above condition 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.
EIA-124/BC), application documents for Environmental Permit (Application No.
AEP-282/2007) 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 coral specialist shall be engaged to carry out
coral survey and monitoring as referred to in the EM&A Manual provided in the application documents
for Environmental Permit (Application No. AEP-282/2007). The qualification and
experience of the coral specialist shall be certified by the ET Leader and
verified by the IEC. The coral specialist shall form part of the ET.
3.
Submissions
or Measures during the Construction 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 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
Water Quality and Marine Ecological Impacts during Construction
3.2
No marine dredging within 400m from the shore as
shown in Figure 2 of this Permit shall be carried out for the construction of
the submarine outfall of the Project. Only Horizontal Directional Drilling
(HDD) technique shall be used for the construction of this inner part of the
submarine outfall.
3.3
No corals on the sloping seawall as shown in Figure
3 of this Permit shall be affected during construction of the Project.
3.4
The Permit Holder shall, no later than one month
before commencement of construction of the submarine outfall of the Project,
deposit with the Director four hard copies and one electronic copy of the
detailed arrangements of using HDD technique for the construction of the submarine
outfall. The submission shall include the construction details, the length of
submarine outfall using HDD technique for construction, the depth of submarine
outfall below the seabed, the details of drilling fluid to be used in the HDD
process and the disposal arrangements of the HDD drilling fluid. Before
submission to the Director, the proposal shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the application documents for
Environmental Permit (Application No. AEP-282/2007) to mitigate the water quality and marine ecological
impacts during construction.
3.5
The following mitigation measures shall be
implemented when carrying out marine dredging works in areas further than 400m
from the shore for the construction of the outer part of the submarine outfall
as shown in Figure 2 of this Permit:
i)
not more than one closed grab dredger, with dredging
rate not more than 85m3/hr, shall be used;
ii)
two layers of silt curtain as shown in Figure 4 of
this Permit shall be used, with the first layer enclosing the grab and the
second layer deploying at around 50m from the dredging area; and
iii)
no dredged materials shall be allowed to overflow,
splash or leak during loading or transportation.
4. Submissions or
Measures for the Operation of the Project
Effluent
from the Submarine Outfall
4.1
All influent shall be treated by Membrane Bioreactor
(MBR) process or other process as agreed with the Director in the sewage
treatment works of the Project prior to discharge. Effluent shall only be
discharged through the submarine outfall of the Project.
4.2
The Permit Holder shall, no later than three months
before commencement of operation of the Project, deposit with the Director four
hard copies and one electronic copy of the schematic design of the Project
showing the treatment process used in the Project. Before submission to the
Director, the schematic design shall be certified by the ET Leader and verified
by the IEC as conforming to the information and recommendations contained in the application documents for Environmental Permit
(Application No. AEP-282/2007).
Design of the Submarine
Outfall
4.3
Effluent shall only be discharged through the
diffuser of the submarine outfall of the Project. The diffuser of the submarine
outfall shall be located at a distance greater than 400m from the shore and at
a water depth greater than 9.5m.
4.4
Except the outermost location of the submarine
outfall for the diffuser, no protective backfill and rock armour for the
submarine outfall shall be protruded above the seabed.
4.5
The Permit Holder shall, no later than one month after
completion of construction of the Project, deposit with the Director four hard
copies and one electronic copy of the as-built drawings showing the details of
the submarine outfall and its diffuser. Before submission to the Director, the as-built
drawings shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the application documents for Environmental Permit
(Application No. AEP-282/2007).
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 provided in the application documents for Environmental
Permit (Application No. AEP-282/2007).
Any changes to the EM&A programme shall be certified 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
Samples, surveys, measurements and necessary
remedial actions shall be taken in accordance with the requirements of the
EM&A Manual provided in the application documents
for Environmental Permit (Application No. AEP-282/2007) by:
i)
conducting baseline environmental monitoring;
ii)
conducting impact monitoring; 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 action(s), for
the purpose of preparing and submitting the monthly EM&A Reports and to
make available for inspection on site; and
iii)
conducting post-construction and post-commissioning
water quality and coral monitoring.
5.3
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 Project.
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
Four hard copies and
one electronic copy of the monthly EM&A Report shall be submitted to the
Director within 2 weeks after the end of the reporting month. The monthly
EM&A Report 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 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.
5.5
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 in view of the public concern about the
Project, 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.
6. Electronic Reporting of EM&A
Information
6.1
To facilitate public inspection of the 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 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 and all submissions required by this
Permit 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. The
Permit Holder shall maintain the dedicated website throughout the entire
construction stage and during the first operating year of the Project to
facilitate public access to environmental monitoring data.
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 and the environmental permit(s) of the
Project. The internet website shall have features capable of:
i)
providing access to all environmental monitoring
data collected since the commencement of work and all submissions under this
permit;
ii)
searching by date;
iii)
searching by types of monitoring data; and
iv)
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 or operate a designated project listed in Schedule 2
of the Ordinance without a valid environmental permit.
7. Any person who
constructs or operates the Project contrary to the conditions in the Permit,
and is convicted of an offence under the Ordinance, is liable:
(i)
on a first conviction on indictment to a
fine of $2 million and to imprisonment for 6 months;
(ii)
on a second or subsequent conviction on
indictment to a fine of $5 million and to imprisonment for 2 years;
(iii)
on a first summary conviction to a fine
at level 6 and to imprisonment for 6 months;
(iv)
on a second or subsequent summary conviction to a
fine of $1 million and to imprisonment for 1 year; and
(v)
in any case where the offence is of a continuing
nature, the court or magistrate may impose a fine of $10,000 for each day on
which he is satisfied the offence continued.
8.
The Permit Holder may appeal against any condition
of this Permit under Section 17 of the Ordinance within 30 days of receipt of
this Permit.
9.
The Notes are for general reference only
and that the Permit Holder should refer to the EIA Ordinance for details and
seek independent legal advice.
Environmental Permit No. EP-282/2007
環境許可證編號EP-282/2007