Environmental Permit No. EP-331/2009
環境許可證編號No. EP-331/2009
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
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 CIVIL
ENGINEERING AND DEVELOPMENT 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土木工程拓展署(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﹕
|
Application No. 申請書編號 |
AEP-331/2009 |
|
Documents in the Register: 登記冊上的文件： |
(1)
Planning and Development Study of Potential Housing Site in Area 54, Tuen
Mun (Agreement No. CE 21/97) (Register No.: AEIAR-015/1999) - EIA-Final Assessment Report
(June 1999) [hereinafter referred to as the "EIA Report"]. (1) 屯門第54區有潛質發展的房屋用地規劃及發展研究: (合約編號CE21/97)(登記冊編號：
AEIAR-015/1999) (2)
Environmental Monitoring and Audit Manual (June 1999) [hereinafter referred
to as the “EM&A Manual”]. (2)
環境監察及審核手冊 (1999年6月) [下稱 “環監手冊”]。 |
|
Application No. 申請書編號 |
AEP-321/2009 |
|
|
(3) Formation, Roads and
Drains in Area 54, Tuen Mun Phases 1 and 2 – Environmental, Traffic and
Drainage Impact Assessment Review – Investigation. Additional Services No.1 “Private
and Public Rental Housing Development in Tuen Mun Area 54 (Agreement No. CE
21/2005(CE)) - Final Additional
Environmental Impact Assessment Review Report (April 2008) [hereinafter
referred to as the “EIA Review Report”] (3) 屯門第54區土地開拓、道路及渠務工程 – 第1及第2期 – 環境、交通及渠務影響評估檢討 – 勘測 附加顧問服務1: "屯門第54區私人及公共房屋發展 (合約編號CE 21/2005
(CE)) - 終期附加環境評估回顧報告(2008年4月) [下稱 “環評回顧報告”]) |
17
March 2009
2009年3月17日
|
Date 日期 |
|
(WONG Hon-meng) Principal Environmental Protection Officer (Strategic Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(策略評估)黃漢明代行) |
PART B (DESCRIPTIONS OF
DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project mentioned in Part
A of this environmental permit:
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title of Designated
Project 指定工程項目的名稱 |
Widening
of Tsing Lun Road, Tuen Mun [Hereinafter referred to as "the
Project"] |
|
Nature of Designated Project |
A
major improvement to an existing district distributor road
|
|
Location of Designated
Project 指定工程項目的地點 |
Adjacent to Siu Hong Court in Area 54, Tuen Mun.
The location of the Project is shown in Figure 1 attached to this
Permit. 擴闊工程位于屯門第 54區﹐鄰近兆康苑。工程項目的位置載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Widening of an approximate 400m long of the
existing Tsing Lun Road from single-two to single-four carriageway. 擴闊青麟路一段長約400米的路段，由雙線雙程道路改為四線雙程道路。 |
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 (EIAO) (Cap. 499) and may become the
subject of appropriate action under the EIAO.
1.2 The Permit Holder shall ensure
full compliance with all legislation from time to time in force including,
without limitation to, the Air Pollution Control Ordinance (Cap. 311), Waste
Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358),
Noise Control Ordinance (Cap. 400) and Dumping at Sea Ordinance (Cap. 466).
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
site 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-015/1999), the EIA Review Report , the application documents including
all attachments (Application No. AEP-331/2009), 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
ongoing 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 as 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 the
Permit.
1.10 The Permit Holder shall release all
finalized submissions, as required under this Permit, to the public by
depositing copies in the EIAO 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 EIAO 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 at
least two weeks before 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. Specific Conditions
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An Environmental Team (ET) shall
be established by the Permit Holder no later than two weeks before the
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 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 (Register No.:
AEIAR-015/1999), the EIA Review 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 (Register No.:
AEIAR-015/1999), the EIA Review 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 two weeks before the 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 change of circumstances or
non-compliance with the recommendations of the EIA Report (Register No.:
AEIAR-015/1999), the EIA Review Report and this Permit, which might affect the
monitoring or control of adverse environmental impacts from the Project. In
case 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 by the Permit Holder to make replacement, 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.
Submissions
after Commencement of Construction of the Project
2.3 The Permit Holder shall, within one month
after 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
information, to be submitted, shall include at least an organization chart,
names of responsible persons and their contact details.
Measures
to mitigate Water Quality Impacts during Construction of the Project
2.4 Channels, earth bunds or sand bag
barriers shall be provided on site to direct storm water to silt removal
facilities.
2.5 Water to be pumped out from
trenches or foundation excavations shall be discharged into storm drains via
silt removal facilities.
2.6 All drainage facilities shall be
properly maintained to ensure efficient operation at all times.
2.7 Construction waste, debris and
rubbish shall be properly collected, handled and disposed of to avoid water
quality impacts.
2.8 Construction work force sewage
shall be handled by temporary or permanent public toilets or by portable
chemical toilets or sewage holding tanks with the sewage to be regularly
collected.
Measures
to mitigate Dust Impacts during Construction of the Project
2.9 On-site storage of excavated
materials shall be covered by impervious sheeting or sprayed with water to keep
the entire surface wet.
2.10 Every vehicle shall be washed to remove
dusty materials from its body and wheels before leaving the construction site.
2.11 The haul road shall be sprayed with
water to keep the entire road surface wet.
Measures to
mitigate Traffic Noise Impact during Operation of the Project
2.12 To mitigate the traffic noise impact arising
from the Project, noise mitigation measures shall be implemented in accordance
with the details shown in Tables 1 and 2 and Figures 2 and 3
attached to this Permit. Noise
mitigation measures to be fully implemented before operation of the Project are
shown in Table 1 and Figure 2. Noise mitigation measures to be
implemented before commencement of population intake at planned developments
within Site 2 of Area 54, Tuen Mun are shown in Table 2 and Figure 3. Each noise barrier shall be a continuous
structure with no gap or opening except where an access road or an emergency
exit is required. The noise
mitigation measures shall be properly maintained during operation of the
Project.
3. Environmental Monitoring
and Audit requirements
3.1 An EM&A programme shall be
implemented as set out in the EM&A Manual of the EIA Report (Register No.: AEIAR-015/1999)
and the EIA Review Report . Any
changes to the programme shall be justified by the IEC as conforming to the
requirements set out in the EM&A Manual and information contained in the
EIA Report and the EIA Review Report before submission to the Director for
approval.
3.2 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 as
having complied with the requirements as set out in the EIA Report (Register
No.: AEIAR-015/1999) and the EIA Review Report before submission to the
Director. Additional copies of the
Monthly EM&A Reports 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 as
having complied with the requirements as set out in the EIA Report (Register
No.: AEIAR-015/1999) and the EIA Review Report before submission to the
Director. Additional copies of the
Monthly EM&A Reports shall be provided upon request by the Director.
3.4 All EM&A results submitted under this
Permit shall be true, valid and correct.
3.5 The remedial actions described in the
Event/Action Plans of the EM&A Manual shall be fully and properly carried
out, in accordance with the time frames(s) set out in the Event/Action Plans,
or as agreed by the Director.
4. Electronic Reporting of EM&A
Information
4.1 To
facilitate public inspection of the Baseline Monitoring Report and Monthly
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 1.3 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 above 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.
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 EIAO, and the
following notes are for general information only.
2. If there is a breach of any
condition 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 EIAO 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
responsibility for the whole or a part of the Project may, before he assumes
responsibility of the Project, apply under Section 12 of the EIAO to the
Director for a further environmental permit.
5. Under Section 14 of the EIAO, 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
Project site.
6. If this Permit is cancelled or
surrendered during operation of the Project, another environmental permit must
be obtained under the EIAO before the Project could be continued. It is an
offence under Section 26(1) of the EIAO to operate a designated project listed
in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO 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 EIAO for details
and seek independent legal advice.
Environmental Permit No. EP-331/2009
Table
1 Noise Mitigation Measures to be
Implemented Before Operation of the Project
(This table is to be read in conjunction with Figure 2
attached to this Permit)
|
Mitigation Measure |
Location |
Type |
Approximate Length |
|
Cantilevered Barrier NM1 |
Along the southbound of Tsing
Lun Road near Yau Tze Tin Memorial College |
A 5.5m high vertical barrier
with 3.5m cantilever at 45o from horizontal |
44m |
|
Full enclosure NM2 |
Along Tsing Lun Road near the junction
of Tsing Lun Road and Siu Hong Road |
An arch-shaped full enclosure
with height of at least 5.5m at the two sides and varies from 7m to 10m in
the middle (see Figure 4 for typical section of full enclosure) |
27m |
|
Semi-enclosure NM3 |
Along Tsing Lun Road near Siu
Kei House and Siu Lai House of Siu Hong Court |
An arch-shaped semi-enclosure
with height of at least 5.5m at the two sides and varies from 7m to 10m in
the middle (including the deck of the proposed footbridge as shown in Figure
2) (see Figure 4 for typical section of semi-enclosure) |
68m |
Table
2 Noise Mitigation Measures to be
Implemented Before Commencement of Population Intake at Planned Developments*
within Site 2 of Area 54, Tuen Mun
(This table is to be read in conjunction
with Figure 3 attached to this Permit)
(*Planned Developments: R2-1C, R2-1D, R2-4A, R2-4B, R2-4C,
R2-4D, R2-5A, R2-5B, R2-5C and R2-5D (as shown in Figure 3))
|
Mitigation Measure |
Location |
Type |
Approximate Length |
|
Barrier NM4 |
Along the northbound of Tsing
Lun Road near Siu Hong Road |
1m high vertical barrier |
13m |
|
Barrier NM5 |
Near “Barrier NM4” |
4m high vertical barrier |
11m |
|
Cantilevered Barrier NM6 |
Along the northbound of Tsing
Lun Road near Yau Tze Tin Memorial College |
A 5.5m high vertical barrier with
3.5m cantilever at 45o from horizontal |
143m |
Environmental Permit No. EP-331/2009
環境許可證編號EP-331/2009