Environmental Permit No. EP-292/2007

環境許可證編號 EP-292/2007

 

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 CONSTRUCT AND OPERATE

A DESIGNATED PROJECT

 

建造及營辦指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

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 Environmental Infrastructure Division of Environmental Protection 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環境保護署環境基建科(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：－

 

Application No.

申請書編號：

AEP-277/2007

 

Document in the Register :

登記冊上的文件：:

 

(1)  North East New Territories (NENT) Landfill Extension :

–         Environmental Impact Assessment Report

–         Environmental Monitoring and Audit Manual

–         Environmental Impact Assessment Executive Summary

(Register No. AEIAR-111/2007) [Hereinafter referred to as the “EIA Report”]

(1) 新界東北堆填區擴建計劃：

–         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

(登記冊編號 : AEIAR-111/2007) [下稱 “環評報告”]

 

(2) The Director’s letter of approval of the EIA Report dated 20 September 2007, ref.: (16) in Ax(1) to EP2/N7/G/36 VI.

(2) 署長於二零零七年九月二十日發出批准環評報告的信件，檔案編號：(16) in Ax(1) to EP2/N7/G/36 VI。

 

 

 

 

 

 26 November 2007

 

 

 

 

 

 

Date

日期

 

(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)

 

 

 

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：

 

Title of Designated Project

指定工程項目的名稱

 

North East New Territories (NENT) Landfill Extension

新界東北堆填區擴建計劃

 

[This designated project is hereinafter referred to as “the Project”]

[本指定工程項目下稱 “工程項目”]

 

Nature of Designated Project
指定工程項目的性質

 

Construction and operation of a landfill for waste as defined in the “Waste Disposal Ordinance” (Cap. 354)

建造及營辦一個<<廢物處置條例>>(第354章)所界定的廢物堆填區

 

Location of Designated Project

指定工程項目的地點

 

Ta Kwu Ling, North East New Territories

新界東北打鼓嶺

 

The location of the Project is shown in Figure 1 of this Permit.

指定工程項目的位置載於本許可證圖1。

 

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各項：－

 

Construction and operation of a landfill extension of about 70 hectares with a target void space of at least 19 million cubic metres on the eastern side of the existing NENT Landfill, including the followings:-

(i)               Site formation and preparation;

(ii)             Installation of liner system;

(iii)            Installation of leachate collection, treatment and disposal facilities;

(iv)           Installation of gas collection, utilization and management facilities;

(v)             Utilities provisions and drainage diversion;

(vi)           Landfilling operation;

(vii)          Restoration and aftercare in subsequent stages; and

(viii)        Measures to mitigate environmental impacts as well as environmental monitoring and auditing to be implemented.

 

在現有新界東北堆填區的東面建造及營辦目標容量約1900萬立方米、佔地約70公頃的堆填區擴建工程，包括：－

(i)              工地平整及預備工程；

(ii)            裝設防滲漏層系統；

(iii)           裝設滲濾污水收集、處理及排放設施；

(iv)          裝設堆填氣體收集、應用及管理設施；

(v)            提供公用設施及排水渠改道；

(vi)          堆填區的營運；

(vii)         繼後的修復及修復後的護理工程；以及

(viii)       環境影響緩解措施及執行環境監察及審核。

 

PART C (PERMIT CONDITIONS)

 

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, 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

 

Employment of Environmental Monitoring and Audit (EM&A) Personnel

 

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 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 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 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 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 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.

Management Organization of Main Construction Companies

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.

Setting up of Community Liaison Group

 

2.4                 To enhance transparency and communication with the public, the Permit Holder shall, within 3 months before commencement of construction of the Project, set up a Community Liaison Group involving relevant stakeholders and shall take a proactive approach to disseminate information to the local community, promote community cooperation and participation and implement suitable local environmental enhancement works.  All relevant information of the project including the detailed design, the progress of construction and operation and environmental monitoring and audit results shall be provided to the Community Liaison Group.  The Permit Holder shall inform the Director in writing the membership and terms of reference of the Community Liaison Group.  The Permit Holder shall make the minutes of the Community Liaison Group meetings and all papers and documents available to the public through a website.

Submission of EM&A Manual

2.5                  The Permit Holder shall, no later than one month before the commencement of construction 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.  Before submission to the Director, the EM&A Manual shall be certified by the ET and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. The EM&A Manual shall include the latest information on the EM&A requirements for ecological, landscape, water and landfill gas hazard.  All measures recommended in the approved EM&A Manual shall be fully and properly implemented according to the requirements and time schedule(s) set out in the EM&A Manual.

Preservation of Cultural Landscape Features

2.6                 The Permit Holder shall, no later than four weeks before commencement of construction of the Project, deposit a report documenting the implementation of the following mitigation measures for preservation of the cultural landscape features located within the Project area.  The report 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 :-

(a)            Carry out survey and mapping works to identify sections of boulder path BP1 and BP2 as shown in Figure 2 attached to the Permit that fall within the Project area, and preservation by detailed record for sections of boulder paths that fall within the Project area; and

(b)           Preservation by detailed record for graves G2, G4, G5, G6, G7, G8, G14, G15, G25, G26, G27 as shown in Figure 2 attached to the Permit.

Ecological Mitigation Measures

2.7                 The Permit Holder shall, no later than one month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a detailed vegetation survey covering the affected habitats located within the Project area for the purpose of updating, identifying and recording the location and number, health condition and suitability for transportation of the affected individual plant species in order to provide details for the transplantation scheme.  The survey shall cover the four plant species of conservation importance including the Aquilaria sinensis, Rhododendron simsii, Endospermum chinense, and Arundina graminifolia at the locations shown in the attached Figure 3.  The detailed vegetation survey shall be prepared by a qualified botanist or ecologist and 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.

2.8                 The Permit Holder shall, no later than six month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a detailed methodology for capture surveys and translocation on the endemic freshwater crab Somanniathelphusa zanklon affected by the Project area and monitoring requirements on the establishment of the Somanniathelphusa zanklon community in the translocated site.  The submission shall be prepared by a qualified botanist or ecologist and 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.

2.9                 The transplantation shall be carried out according to the transplantation scheme approved under Condition 2.7 before commencement of construction of the Project.

2.10             The capture surveys, translocation and monitoring on the endemic freshwater crab Somanniathelphusa zanklon shall be carried out according to the submission approved under Condition 2.8 before commencement of construction of the Project.

Submission of Detailed Landfill Gas Hazard Assessment Report

2.11             The Permit Holder shall, within one month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a detailed landfill gas hazard assessment, which shall include a review of the preliminary qualitative risk assessment in the approved EIA report, preparation of a detailed qualitative risk assessment, preparation of detailed design of gas protection measures and the establishment of maintenance and monitoring programmes to ensure the continued performance of the proposed control measures.  The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request by the Director.

Measures and Submissions to be Implemented during Construction of the Project

 

Submission of Waste Management Plan

 

2.12             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.  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.  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.

Submission of Landscape Plan

 

2.13             The Permit Holder shall, within six months after the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a landscape plan(s) showing details of landscape measures including phased plantation of 26.83 hectares of woodland, 19 hectares of shrubland and 17.55ha grassland during construction, operation and restoration stages of the Project. The plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director, shall include details on locations, size, number and species of planting, fire prevention measures including provision of firebreak and plantation of fire tolerant species, implementation programme, maintenance and management schedules.  The submission shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report. All measures recommended in the approved landscape plan(s) shall be fully and properly implemented in accordance with the details and programme set out in the submission.

Submission of Contingency Plan on Accidental Leakage of Leachate

2.14             The Permit Holder shall, within four weeks before the commencement of operation of the Project, submit to the Director for approval four hard copies and one electronic copy of a contingency plan on accidental leakage of leachate.  The contingency plan shall cover design contingency plan for both groundwater contamination and surface water contamination.  The submission shall be verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report.  All design features and measures recommended in the approved plan shall be fully and properly implemented.

              Implementation of Surface Water Drainage System

2.15             A temporary surface water drainage system shall be provided to manage runoff during the construction and operational stages.  The system shall consist of the following features:-

(a)        channels constructed around the perimeter of the site area to collect surface water from the areas of higher elevations to those of lower elevations and ultimately to the point of discharge. 

(b)       use of a silt fence around the soil stockpile areas to prevent sediment from entering the system. Regular cleaning will be carried out to prevent blockage of the passage of water flow in silt fence.

(c)        Intermediate drainage system will be installed for filled cell/phase to prevent the clean surface water run-off from the filled phases coming into contact with the waste mass in active cell and to prevent excessive surface water infiltration through the intermediate cover, thus contribute to increasing volume of leachate.  The intermediate drainage system will collect the clean surface water run-off and divert it to the permanent discharge channels connected to the public drainage system.

(d)       In addition, surface flow from the haul road (especially near the wheel washing facility) shall be collected to a dry weather flow interceptor and conveyed to the on-site leachate treatment plant for further treatment.

 

 

Measures and Submissions to be Implemented during Operation of the Project

Measures to Minimize Surface Gas and Odour Emissions

 

2.16             To minimize surface gas emissions, the inactive tipping areas shall be covered with impermeable plastic sheet and a landfill gas extraction system shall be in operation.

2.17             To minimize odour emissions, the exposed area of the leachate storage lagoons and tanks at the on-site leachate treatment plant shall be installed with covers and deodourizers.  The covers shall be air tight to prevent release of odour from the facilities into atmosphere.  Foul air underneath the covers shall be drawn through deodourizers and be discharged after treatment.  The deodourizers shall be designed for odour removal efficiency of 99% or otherwise agreed by the Director.

2.18             Site walk to Tong To Shan Tsuen shall be conducted once every three months and if resident is identified, the following additional measures shall be undertaken to further reduce odour emissions from the Project area : -

(a)        thicker daily cover and alternative daily cover shall be applied at active tipping area during Phase 3 of the Project;

(b)       early morning odour patrol at Tong To Shan Tsuen shall be arranged to ensure the effectiveness of the measures.

Liner System to Control Seepage of Leachate

2.19             A composite liner system consisting of a layer of at least 2.0 mm thick high density polyethylene (HDPE) with a hydraulic conductivity of at least 1xE-9 meters per second and a layer of at least 6.0 mm thick bentonite matting with a hydraulic conductivity of at least 1xE-11 meters per second shall be provided over the entire area of the Project.

Measures for Controlling Contamination to Surface and Ground Water

2.20             Hydroseeding shall be applied on the surface of stockpiled soil and on temporary soil covers for inactive tipping areas to prevent soil erosion during rainy season.

Measures to Mitigate the Potential Loss of Groundwater Yields to Ping Yeung and Wo Keng Shan areas

2.21             The Permit Holder shall implement the following measures as necessary in the event circumstances arise when significant changes in groundwater yields are identified by the monitoring programme at Ping Yeung and Wo Keng Shan areas as specified in the EM&A Manual during implementation of the Project : -

(a)            Provision of adequate water supply for irrigation purposes for the operational lifetime of the landfill extension;

(b)           Installation of a network of monitoring stations to keep track of the stream flow volumes.  Should monitoring of stream flow indicate insufficient quantities to provide sufficient water for irrigation downstream, water shall be supplied from an external source;

(c)            Diversion of flow from other catchments shall be considered: the surface runoff generated in the catchments with abandoned agricultural lands could be collected and conveyed to the active agricultural lands;

(d)           Formation of new extraction wells that extend deeper down within the aquifer;

(e)            Provision of Piped Water Supply; and

(f)             Artificial recharge by surface spreading, spray irrigation or pumping water directly into the ground via vertical shafts.

Provision of Landfill Gas (LFG) Collection and Management System

2.22             A LFG collection and management system shall be implemented to eliminate any off-site migration of LFG.

2.23             Landfill gas protection measures shall be implemented at all new buildings on site to prevent the ingress of landfill gas and mitigate any potential risks posed by landfill gas migration in accordance with the recommendations of the approved detailed landfill gas hazard assessment submitted under Condition 2.11.

Measures and Submissions to be Implemented during Restoration Stage of the Project

2.24             The Permit Holder shall, within two months after the commencement of the restoration stage the Project, deposit with the Director four hard copies and one electronic copy of as-built drawings of scale 1 to 1000 with an explanatory statement showing the location, size, number, and species of planting in the Project area.  The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request by the Director. 

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 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                 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.

3.3                 Four hard copies and one electronic copy of Monthly EM&A Reports for the construction stage shall be submitted to the Director, within 2 weeks after the end of the reporting month.  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.

3.4                 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.

3.5                 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

3.6                 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 4.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

3.7                 Records of measurements and remedial actions taken under Condition 3.4 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.

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 3.2 and 3.3 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.

4.2                 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 4.1 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.

4.3                 The internet website as described in Condition 4.2 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, 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, 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-292/2007

環境許可證編號 EP-292/2007

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