Environmental Permit No. EP-339/2009
環境許可證編號EP-339/2009

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 DECOMMISSION A DESIGNATED PROJECT

解除指定工程項目運作的環境許可證

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 Civil Engineering and Development Department (hereinafter referred to as the “Permit Holder”) to decommission 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土木工程拓展署(下稱“許可證持有人”) 以解除B部所說明的指定工程項目的運作，但須遵守C部所列明的條件。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-339/2009
Document in the Register: 登記冊上的文件：		(1) Kai Tak Development - Environmental Impact Assessment (EIA) Report (Volume 1 to Volume 7), EIA Executive Summary and Environmental Monitoring and Audit (EM&A) Manual (Register No. AEIAR-130/2009) [hereinafter referred to as the "EIA Report"] 啟德發展計劃–環境影響評估(環評)報告 (第一冊至第七冊)、環評行政摘要及環境監察及審核計劃 (登記冊編號：AEIAR-130/2009) [下稱「環評報告」]
		(2) The Director’s letter of approval of the EIA report dated 4.3.2009 referenced (40) in Ax(3) to EP2/K19/S3/10 Pt.11 署長於2009年3月4日發出該環評報告的批准信，檔案編號 (40) in Ax(3) to EP2/K19/S3/10 Pt.11
		(3) Application documents including all attachments submitted by the Permit Holder on 26.3.2009 (Application No. AEP-339/2009) 申請文件包括許可證持有人於2009年3月26日提交的所有附件 (申請書編號 AEP-339/2009) [下稱「申請書」]

	23 April 2009 2009年4月23日
	Date 日期		(Victor YEUNG) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (處理首席環境保護主任　楊維德代行)

PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)

B部 (指定工程項目的說明)

Hereunder is the description of the designated projects 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 Projects

指定工程項目的名稱

Decommissioning of the remaining parts (Ex-GFS Building and Radar Station) of the former Kai Tak Airport [this is referred hereafter as “the Project”]

解除前啟德機場剩餘部分(前政府飛行服務隊建築物和雷達站)的運作

[本指定工程項目下稱「工程項目」]

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

Airport decommissioning.

機場的解除運作。

Location of Designated Project

指定工程項目的地點

Ex-GFS Building and Radar Station within the Kai Tak Development area. The location of the Project is shown in Figure 1 of this Permit.

位於啟德發展區上的前政府飛行服務隊建築物和雷達站。圖1顯示工程的位置。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

Decommissioning (including the necessary soil remediation works) of the remaining facilities, structures and buildings of the Ex-GFS building and Radar Station within the former Kai Tak Airport.

為位於前啟德機場的前政府飛行服務隊建築物和雷達站的剩餘設施，結構及建築物解除運作(包括所需的土壤補救工作)。

PART C (PERMIT CONDITIONS)

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 (EIA) 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), Dangerous Goods (General) Ordinance (Cap. 295), Occupational Safety and Health Ordinance (Cap. 509) and Factories and Industrial Undertakings Ordinance (Cap. 59). This Permit does not of itself (a) constitute any ground of defense against any proceedings instituted under any legislation or (b) 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 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 EIA Ordinance Register Office.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the Project 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 the Project and shall mean the same hereafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the 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 site(s).

1.6 The Permit Holder shall decommission the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is decommissioned in accordance with the information and recommendations described in the EIA Report (Register no. AEIAR-130/2009); 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 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, and 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 submission 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 means as specified by the Director, for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11 The Permit Holder shall notify the Director in writing the commencement date of the decommissioning works of the Project no later than one month prior to the commencement of the decommissioning works of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date.

1.12 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.

1.13 For the purpose of this Permit, “commencement of decommissioning works” 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 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 (Register No. AEIAR-130/2009) of the Project. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-130/2009) or this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-130/2009) or 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 two weeks 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-130/2009) of the Project and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-130/2009) or 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.

Employment of Land Contamination Specialist

2.3 The Permit Holder shall engage a Land Contamination Specialist, who shall have experience in the design and site supervision/management of the remediation techniques to be applied, to carry out the detailed design of the ground remediation works and oversee the implementation of the ground remediation works.

Management Organization of Main Companies Responsible for Decommissioning Works

2.4 The Permit Holder shall, no later than one week before the commencement of the decommissioning works of the Project, inform the Director in writing the management organization of the main companies responsible for the decommissioning works and/ or any form of joint ventures associated with the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Submission of Design Drawing of the Project

2.5 The Permit Holder shall, no later than one month before the commencement of the decommissioning works of the Project, deposit four hard copies and one electronic copy of design drawing(s) of the Project with scale of at least 1:1000.

Submission of Supplementary Contamination Assessment Report (CAR)/ Remediation Action Plan (RAP)

2.6 The Permit Holder shall, no later than one month before the commencement of the decommissioning works of the Radar Station, submit four hard copies and one electronic copy of the Supplementary CAR(s) or CAR(s)/RAP(s) of the remaining areas in Radar Station to the Director for approval. The Supplementary CAR(s) or CAR(s)/RAP(s) of the remaining areas in Radar Station shall be certified by the ET Leader, verified by the IEC that the land contamination assessment has been carried out in accordance with the information and recommendation contained in the approved Contamination Assessment Plan (CAP) for Radar Station in Appendix 5.1a of the EIA report (Register No. AEIAR-130/2009) and the Supplementary Sampling Plan for the Remaining Areas in Radar Station in Appendix B of the CAR for Radar Station in Appendix 5.2a of the EIA report (Register No. AEIAR-130/2009) before submission to the Director.

2.7 The Permit Holder shall, no later than one month before the commencement of the decommissioning works of the Ex-GFS Building, submit four hard copies and one electronic copy of the Supplementary CAR(s) or CAR(s)/RAP(s) of the remaining areas in Ex-GFS Building to the Director for approval. The Supplementary CAR(s) or CAR(s)/RAP(s) of the remaining areas in Ex-GFS Building shall be certified by the ET Leader, verified by the IEC that the land contamination assessment has been carried out in accordance with the information and recommendation contained in the approved CAP for Ex-GFS Building in Appendix 5.1b of the EIA report (Register No. AEIAR-130/2009) and the Supplementary Sampling Plan for the Remaining Areas within the Ex-GFS Building in Appendix B of the CAR/RAP for the Ex-GFS Building in Appendix 5.2b of the EIA report (Register No. AEIAR-130/2009) before submission to the Director.

Submission of Remediation Method Statement

2.8 The Permit Holder shall submit four hard copies and one electronic copy of the Remediation Method Statement(s) to the Director for approval at least one month before the commencement of the ground remediation works. The Remediation Method Statement(s) shall be certified by the ET Leader, verified by the IEC as conforming to the information and recommendation contained in the EIA Report (Register No. AEIAR-130/2009) and the Supplementary CAR(s)/RAP(s) of the remaining areas in Radar Station and Ex-GFS Building approved under Conditions 2.6 and 2.7 of this Permit before submission to the Director. The Remediation Method Statement(s) shall provide details, at least, on the following:

(a) Contaminated soil excavation management plan including details of confirmation sampling and testing at boundary of excavation to verify the complete excavation of contaminated soil and the environmental mitigation measures.

(b) Methodologies, procedures and environmental mitigation measures of the biopiling process including set up of the biopile and the clean up progress monitoring requirement;.

(c) Methodologies, procedures and environmental mitigation measures of the cement solidification/stabilization process, including the pilot test procedures to ascertain the optimal concrete mix recipe and the leachability of the products.

(d) Methodologies and procedures for the recovery of free product of Total Petroleum Hydrocarbon (TPH) from the contaminated groundwater;.

(e) Confirmation sampling and analysis requirements for biopiling and cement solidification/stabilization processes and the TPH free product recovery process to verify the clean up targets are met.

(f) The sample size for the verification of soil and groundwater tests to be conducted in parallel with the confirmation sampling and analysis as stated in (e) above to be done by the Environmental Team, by an independent accredited laboratory for spot check purpose;.

(g) The procedures and mitigation measures and audit requirements for the removal of the underground fuel tank/fuel pipeline and supply system, if any.

(h) The provision and operation requirements of equipment and personnel decontamination facilities and the precautionary measures to safeguard the health and safety of workers engaged in other projects that take place within the project boundary at different phases of the remediation works.

(i) Contingency plan for handling accidents including the spillage of contaminated soil.

The remediation works shall not commence prior to approval of the Remediation Method Statement(s). All measures recommended in the Remediation Method Statement(s) shall be fully and properly implemented throughout the Project implementation.

Measures for Contaminated Soil Excavation/Handling

2.9 The contaminated soil from the contaminated areas as identified in the EIA Report (Register No. AEIAR-130/2009) and the Supplementary CAR(s)/RAP(s) of the remaining areas in Radar Station and Ex-GFS Building approved under Conditions 2.6 and 2.7 of this Permit, shall be excavated and transported to a centralized decontamination works area for treatment.

2.10 After soil excavation at all contaminated areas, confirmation sampling and testing shall be conducted in accordance with the Remediation Method Statement approved under Condition 2.8 of this Permit, to confirm that all contaminated soil failing to meet the remediation criteria stipulated in Appendix A of this Permit has been removed. In addition to the confirmation sampling and analysis, duplicate soil samples with a sample size as described in the approved Remediation Method Statement shall also be collected for parallel testing by an independent accredited laboratory for spot check purpose.

2.11 The Permit Holder shall deposit a final site closure assessment report for the entire site, covering each individual contaminated area(s), to the Director within 2 weeks of passing the confirmation test, after the ET and the IEC are satisfied with the testing results and agree that all identified contaminated area(s) have been cleaned up.

2.12 No construction works for future development shall be conducted at the identified contaminated areas prior to the submission of the final site closure assessment report to the Director.

2.13 Where free product of TPH is detected at the groundwater surface during excavation of contaminated soil, the free product of TPH at the groundwater shall be skimmed-off, in accordance with the Remediation Method Statement approved under Condition 2.8 of this Permit. The TPH free product removed shall be collected by licensed waste collector. Confirmation sampling and analysis of TPH free product in groundwater shall be conducted in accordance with the approved Remediation Method Statement to verify the TPH free product in groundwater is removed and the clean up target is met.

2.14 The following mitigation measures shall be implemented to prevent pollution/nuisances during the excavation/transportation of contaminated soil; in addition to any other measure(s) found necessary during the course of the project implementation:

(a) Stockpile site(s) for excavated contaminated soil shall be lined with impermeable sheeting and be bunded to minimize potential contaminated surface runoff. Stockpiles of contaminated soil shall be fully covered by impermeable sheeting to reduce dust emission and minimize contaminated runoff.

(b) Vehicles containing excavated contaminated soil shall be covered to reduce dust emissions and contaminated wastewater runoff; the truck bodies and tailgates shall be sealed to prevent discharge during transport or during wet conditions.

(c) Dump trucks and excavators shall be decontaminated before they leave the site to ensure that no contaminated earth, mud or debris will be deposited by them on roads. A wheel washing bay shall be provided at every site exit that equipped with an adequately size waste water treatment unit.

Treatment of Contaminated Soil

2.15 The soil contaminated with Total Petroleum Hydrocarbon (TPH)/ Semi Volatile Organic Carbon (SVOC)/ Volatile Organic Carbon (VOC) shall be treated by biopiling.

2.16 The soil contaminated with heavy metal shall be treated by cement solidification/ stabilization.

2.17 The soil contaminated with both TPH and heavy metals shall be treated by biopiling, followed by cement solidification/ stabilization.

2.18 Before commencing the full-scale cement solidification/stabilization process, a pilot trial shall be conducted in accordance with the Remediation Method Statement approved under Condition 2.8 of this Permit to determine the optimal concrete mix recipe and the operating parameters.

2.19 The biopiling and cement solidification/stabilization processes shall be conducted in accordance with the Remediation Method Statement approved under Condition 2.8 of this Permit. The treated soil, having achieved the clean up targets shall be reused as fill materials/backfilled on site. Soil treated by means of cement solidification/stabilization, including the soil contaminated with heavy metals only or with both TPH and heavy metals, shall be backfilled on-site at a depth of not less than 1 meter above the groundwater level and be covered by 1 meter of clean fill to minimize the long term potential impacts of leaching to the underground water.

Measures for Biopiling Process

2.20 The following mitigation measures shall be implemented to prevent pollution/nuisances during the biopiling process; in addition to any other measure(s) found necessary during the course of the project implementation:

(a) The stockpiled soils at the biopile(s) shall be covered by impermeable sheeting such that no biopile(s) with length longer than 5 meters is exposed to the air.

(b) Impermeable sheeting shall be placed at the bottom of the biopile(s) and a leachate collection sump shall be constructed at the bottom of the biopile(s) and along the perimeter of the biopile(s) to prevent leachate from contaminating the underlying soil and groundwater. Concrete bund shall be constructed along the perimeter of the biopile(s) to contain the leachate generated from the biopile(s). All leachate generated from the operation of the biopiling shall be collected and recycled to the biopile(s).

(c) Vent air from the biopile(s) shall be connected to a blower and carbon adsorption system(s) with a removal efficiency of 99%, for treatment before release to the atmosphere. The location of the exhaust of the carbon adsorption system(s) shall be sited away from sensitive receivers. Exhaust air from the blower and carbon adsorption system(s) shall be monitored for Total Volatile Organic Carbon (TVOC) to check the performance of the carbon adsorption system(s). Spent activated carbon of the carbon adsorption system(s) shall be replaced at appropriate intervals such that the TVOC emission concentration from the system shall be below 20 parts per million (ppm).

(d) The biopile(s) shall be fully covered by impermeable sheeting to control the extraction of TVOC.

2.21 Biopile closure assessment shall be conducted to ensure the soil contaminant levels in the biopile meet the clean up targets of Dutch B levels for TPH/SVOC/VOC contaminants stipulated in Annex A of this Permit. Confirmation samples shall be taken at a frequency of one sample per 100 cubic meter of biopile soil for laboratory analysis. In addition to the confirmation sampling and analysis, duplicate samples of the treated soil with a sample size as described in the Remediation Method Statement approved under Condition 2.8 of this Permit shall be collected for parallel testing by an independent accredited laboratory for spot check purpose.

Measures for Cement Solidification/Stabilization Process

2.22 The following mitigation measures shall be implemented to prevent pollution/nuisances during the cement solidification/stabilization process; in addition to any other measure(s) found necessary during the course of the project implementation:

(a) The loading, unloading, handling, transferring and storage of cement shall be carried out in an enclosed system.

(b) The solidification facility including the solidification pit shall be sheltered and the area of excavated contaminated soil unloading/loading shall be provided with a shed to avoid dust emissions and the generation of leachate;.

(c) An impermeable membrane/sheet shall be placed at the bottom of solidification pit for the duration of the cement solidification/stabilization process.

(d) Any pit used in the solidification facility shall be shallower than the water table to minimize the leaching of the excavated contaminated soils into underlying soils and groundwater.

(e) A concrete bund shall be constructed along the perimeter of the solidification facility to prevent leachate from the solidification facility.

2.23 One confirmation sample for every 50 cubic meter of solidified soil shall be taken for toxicity characteristic leaching procedure (TCLP) and unconfined compressive strength (UCS) tests. In addition to the confirmation sampling and analysis, duplicate samples of the solidified soil with a sample size as described in the Remediation Method Statement approved under Condition 2.8 of this Permit shall be collected for parallel testing by an independent accredited laboratory for spot check purpose. The batch shall be crushed and the cement solidification/stabilization process shall be repeated if the sample fails to meet the clean up targets of the Universal Treatment Standards (UTS) for the concerned heavy metals.

Submission of Remediation Report(s)

2.24 The Permit Holder shall deposit four hard copies and one electronic copy of Remediation Report(s) to the Director no later than two months after the completion of remediation works for the Project site. The Remediation Report(s) shall be prepared by the Land Contamination Specialist to demonstrate that the soil and groundwater remediation was carried out according to the specified methodology and that contaminated soil and groundwater are all treated to meet the relevant standards or properly handled. The Remediation Report(s) shall provide all relevant information, including details of closure assessment, sampling results, photographs and certification of independent checker, the quantities of treated soil and recovered free product, final backfill site of treated soil and disposal site of free product.

Control Measures for Workers Safety

2.25 Personnel protective equipment shall be used by site workers for excavation works of the Project to avoid potential risk due to dermal contact with the soil and groundwater by site workers.

2.26 Sufficient number of decontamination facilities, instruments and equipment as listed in the approved Remediation Method Statement shall be provided on site, to decontaminate both the workers and vehicles before leaving the site.

2.27 Throughout the decommissioning works period, the “contaminated” zone shall be clearly demarcated from the “uncontaminated” zone by providing temporary fencing with warning notices around the boundary of the contaminated areas, slope crest(s), excavated contaminated soil stockpiling areas, decontamination works area and the centralized wastewater treatment unit.

Control Measures for Water Quality

2.28 No groundwater extraction shall be carried out for the purpose of ground remediation works.

2.29 Petrol Interceptor shall be adopted as the first tier of treatment to remove TPH contaminant from contaminated run-off and effluent discharge from the decontamination works area.

2.30 A centralized wastewater treatment unit shall be provided and maintained to treat the leachate generated from cement solidification/stabilization process, decontaminated water from equipment decontamination and wastewater from wheel washing before discharge. In the event of failure of the centralized wastewater treatment unit, all wastewater generating activities shall cease to avoid emergency discharge.

3. Environmental Monitoring and Audit (EM&A) Requirements

3.1 The EM&A programme of the Project shall be implemented in accordance with the procedures and requirements as set out in sections 1, 4, 15 & 16 of the EM&A Manual of the approved EIA Report (Register No. AEIAR-130/2009). Any change to the EM&A requirements or programme shall be justified by the ET Leader and verified by the IEC as conforming to the relevant 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 the Baseline Monitoring Report shall be submitted to the Director at least one month before the commencement of construction of the Project. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the relevant requirements as set out in sections 1, 4, 15 & 16 of the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.3 Four hard copies and one electronic copy of the monthly EM&A Reports shall be submitted to the Director within two weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the relevant requirements as set out in sections 1, 4, 15 & 16 of the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

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

3.5 Any necessary remedial measures and actions as described in sections 1, 4, 15 & 16 of the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in sections 1, 4, 15 & 16 of the EM&A Manual, 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 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 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 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 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, 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 decommissioning 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 decommission a designated project listed in Part II of Schedule 2 of the Ordinance without a valid environmental permit.

7. Any person who decommissions 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.

10. Occupational health and safety issues are governed by Occupational Safety and Health Ordinance (Cap. 509) and Factories and Industries Undertaking Ordinances (Cap. 59). The Permit Holder is advised to contact Labour Departments for requirements relating to occupational safety and health issues.

Environmental Permit No. EP-339/2009

環境許可證編號EP-339/2009