Environmental Permit No. EP-345/2009
環境許可證編號EP-345/2009
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 Water Supplies 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水務署(下稱“許可證持有人”)以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發﹕
|
Application No. 申請書編號 |
AEP-345/2009 |
|
|
Document in the Register: 登記冊上的文件： |
(1) (2) (3) |
Inter-reservoirs
Transfer Scheme – Water Tunnel between Kowloon Byewash Reservoir and Lower
Shing Mun Reservoir (Register No. AEIAR-135/2009) : -
Environmental Impact Assessment
Final Report [hereinafter referred to as the “EIA Report”], -
Executive Summary and its amended
Figures 1-1 to 1-4, and -
Environmental Monitoring and
Audit Manual [hereinafter referred to as the “EM&A Manual”] 水塘間轉運計劃 – 九龍副水塘至下城門水塘輸水隧道(登記冊編號:
AEIAR-135/2009) -
環境影響評估終期報告[下稱「環評報告」]， -
行政摘要和其已修改的圖1-1至1-4，以及 -
環境監察及審核手冊[下稱「環監手冊」] The
Director’s letter of approval of the EIA Report dated 15 April 2009 (ref:
(12) in EP2/N1/Q/45 Pt.2) 署長於2009年4月15日發出批准環評報告的信件 (檔案編號：(12) in EP2/N1/Q/45 Pt.2) Application
for environmental permit submitted by the Permit Holder on 27 April 2009
(Application No. AEP-345/2009) 許可證持有人於2009年4月27日提交的環境許可證申請
(申請書編號：AEP-345/2009) |
22
May 2009
2009年5月22日
|
Date 日期 |
|
(Maurice
K.L. YEUNG) Principal Environmental
Protection Officer for Director of
Environmental Protection 環境保護署署長 (首席環境保護主任楊國良代行) |
PART B (DESCRIPTION OF DESIGNATED
PROJECT)
B部 (指定工程項目的說明)
Hereunder
is the description of the designated project mentioned in Part A of this
environmental permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明﹕
|
Title of Designated Project 指定工程項目的名稱 |
Inter-reservoirs
Transfer Scheme – Water Tunnel between Kowloon Byewash Reservoir and Lower
Shing Mun Reservoir [This
designated project is hereafter referred to as “the Project”] 水塘間轉運計劃 – 九龍副水塘至下城門水塘輸水隧道 [本指定工程項目下稱 “工程項目”] |
|
Nature
of Designated Project |
Project including
earthworks partly in Kam Shan Country Park 包括土木工事的工程項目，而該項目部分位於金山郊野公園內。 |
|
Location of Designated Project 指定工程項目的地點 |
Project with alignment from Kowloon
Byewash Reservoir to Lower Shing Mun Reservoir. The
location of the Project is shown in Figures 1 to 3 of this Permit. 工程項目的定線由九龍副水塘至下城門水塘間。工程項目的位置載於本許可證夾附的圖1至3。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
A water tunnel,
of approximately 2.8 km in length and 3m in diameter, with intake at Kowloon
Byewash Reservoir and outfall at Lower Shing Mun Reservoir. 約2.8千米長和3米直徑的輸水隧道，入水口位於九龍副水塘，及排水口位於下城門水塘。 |
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 being taken 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 Noise Control Ordinance (Cap. 400), Air Pollution
Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste
Disposal Ordinance (Cap. 354) 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’s information at
all times. The Permit Holder shall ensure that the most updated information
about the Permit, including any amended Permit, is displayed at such locations.
If the Permit Holder surrenders a part or the whole of the Permit, the notice
he sends to the Director shall also be displayed at the same locations as the
original Permit. The suspended, varied or cancelled Permit shall be
removed from display at the Project site(s).
1.6 The Permit Holder shall
construct and operate the Project in accordance with the project description in
Part B of this Permit.
1.7 The Permit Holder
shall ensure that the Project is constructed and operated in accordance with
the information and recommendations described in the EIA Report (Register No. AEIAR-135/2009);
the application documents (Application No. AEP-345/2009); other relevant
documents in the Register; the information or mitigation measures described in
this Permit; mitigation measures to be recommended in submissions that shall be
deposited with or approved by the Director as a result of permit conditions
contained in this Permit; and mitigation measures to be recommended under on
going surveillance and monitoring activities during all stages of the Project.
Where recommendations referred to in the documents of the Register are not expressly
referred to in this Permit, such recommendations are nevertheless to be
implemented unless expressly excluded or impliedly amended in this Permit.
1.8 All 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 verified by the Independent
Environmental Checker (IEC) referred to in Condition 2.1 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 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 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. Submissions
and Measures for Commencement of Construction of the Project
Employment
of environmental monitoring and audit personnel
2.1 An
Independent Environmental Checker (IEC) shall be employed no later than one
month before the commencement of construction of the Project. The IEC shall have at least 7 years’
experience in environmental monitoring and auditing (EM&A) or environmental
management. The IEC shall audit the
overall EM&A programme including the implementation of all environmental
mitigation measures, submissions relating to EM&A, 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.
2.2 An
Environmental Team (ET) shall be established no later than one month before the
commencement of construction of the Project. The ET shall be headed by the ET Leader
who shall have at least 7 years’ experience in 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 relevant EM&A requirements as contained in the EM&A
Manual.
2.3 The
Permit Holder shall, within one month after the commencement of construction of
the Project, inform the Director in writing of the management organization for
the construction of the Project.
The submitted information shall include at least an organization chart,
names of responsible persons and EM&A personnel, and their contact details.
Submission
of Landscape Plan
2.4 The
Permit Holder shall submit 3 sets of a Landscape Plan, together with Tree
Removal Proposal, to the Director for approval no later than 6 months after
commencement of construction of the Project. Construction works on wooded areas shall
only be carried out after the Director’s approval of the Landscape Plan.
2.5 The
Landscape Plan shall include the locations, design details, implementation
programme (including the programme for any tree transplantation work),
maintenance and management schedules, and drawings in the scale of 1:1000 or
other appropriate scales to show the relevant mitigation measures (including
any hard and soft works and finishes) recommended in the EIA report. It shall take into account the
requirements in Conditions 3.3, 3.4 and 3.5 of this Permit. The Landscape Plan and Tree Removal
Proposal shall be certified by the ET Leader and verified by the IEC.
Submission
of condition survey report for historic structures
2.6 The
Permit Holder shall carry out a condition survey as required in the EM&A
Manual for Kowloon Byewash Reservoir Dam and Valve House, Shek Lei Pui
Northeast Dam and Valve House, and Shek Lei Pui Southwest Dam, and deposit with
the Director a condition survey report before the commencement of construction
of the Project. Recommendation on the
necessity for monitoring measures and any additional protective measures, and
the details of the recommended measures, shall be provided in the condition
survey report. The condition survey
report shall be submitted to Anitquities and Monuments Office for review,
certified by the ET Leader and verified by the IEC. The Permit Holder shall implement the
recommendations of the condition survey report as part of the EM&A
programme under Condition 4.1 of this Permit.
3. Measures
during Construction of the Project
3.1 The
Permit Holder shall construct the Project in accordance with the locations
shown in Figures 1 to 3 of this Permit.
Measures
to mitigate impact on country park and natural environment
3.2 The
designs and measures described in the approved Landscape Plan submission under
Condition 2.4 of this Permit shall be fully implemented under the supervision
of a Registered Landscape Architect, assisted by a qualified ecologist.
3.3 The
Pavetta hongkongensis and Artocarpus hypargyreus species found
within the Project worksites shall be preserved in-situ as far as
possible. If it is impracticable to
preserve individual plants in-situ due to site constraints, transplantation
shall be implemented. If, however,
these individual plants are found not suitable for transplanting due to its low
survival rate, compensatory planting shall be implemented.
3.4 For
compensatory planting, the compensatory ratio shall not be less than 1:2 in
term of area and in term of number of trees to be felled.
3.5 Decorative
screen hoarding compatible with surrounding setting shall be erected along the
land boundary of the worksite areas to minimize disturbance to adjacent
environment.
3.6 The
Permit Holder shall prohibit eating, leaving food and feeding the wildlife in
the works areas.
3.7 Fish
observed remaining at the works area during the draining down process shall be
translocated to the potion of the reservoir outside the cofferdam as stated in
Condition 3.10 of this Permit.
3.8 Litter
shall not be burned on-site but shall be removed off-site. Machinery not in use shall be switched
off to minimize the noise disturbance to natural surroundings.
Measures
to mitigate impact on reservoirs and water gathering grounds
3.9 Desilting
facilities shall be constructed at intake and outfall portals to control
discharge of suspended solids during construction of the Project. The desilting facilities shall be constructed
within the temporary cofferdams that are for pumping dry the worksites.
3.10 The
temporary cofferdams shall be constructed within the worksites at intake and
outfall portals, as indicated in Figures 2 and 3 of this Permit. The cofferdams shall be watertight
enclosures. They shall be
regularly inspected and maintained to ensure no spillage of waste or wastewater
into the reservoirs.
3.11 The
water quality mitigation measures and site management practices as specified in
Appendix A of this Permit to minimize water quality impact shall
be implemented. Site surveillance
on the measures as stipulated in Section 9.1 of the EM&A Manual shall be
carried out as part of the EM&A programme under Condition 4.1 of this
Permit.
Measures
to avoid hazard to life
3.12 The
Permit Holder shall exclude the use of explosives for tunneling works of the
Project. No blasting operation
shall be permitted.
3.13 The
Permit Holder shall ensure that the operation of Shek Lei Pui Water Treatment
Works (SLPWTW) is suspended and that all chlorine drums are removed from SLPWTW
before commencement of construction of the Project.
4. Environmental
Monitoring and Audit Requirements
4.1 An
EM&A programme shall be implemented in accordance with the procedures and
requirements as set out in the approved EM&A Manual of the Project. Any changes to the programme shall be
justified by the ET Leader and verified by the IEC as conforming to the
information and requirements contained in the EM&A Manual before submitting
to the Director for approval.
4.2 Three
hard copies of the Baseline Monitoring Report and one electronic copy shall be
submitted to the Director at least two weeks before commencement of construction
of the Project. The submission
shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission
shall be made available to the Director upon his request.
4.3 Three
hard copies of monthly EM&A Reports and one electronic copy 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. Additional copies of the submission
shall be made available to the Director upon his request.
5. Electronic
Reporting of EM&A Information
5.1 To
facilitate public inspection of the Baseline Monitoring Report and monthly
EM&A Reports via the EIA Ordinance Internet Website and at the EIA
Ordinance 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. For HTML version, a content page capable
of providing hyperlink to each section and sub-section of the 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 the reports shall be in
interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of
these reports shall 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 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 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 construction or 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 construct or 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-345/2009
Appendix A (as referred to in Condition 3.11)
Measures to
minimize water
quality impact on reservoirs and water gathering grounds
Mitigations for
point and non-point sources
(i)
Construction runoff shall be managed as per the
Practice Note for Professional Persons ProPECC PN 1/94 – Construction Site
Drainage and the conditions of working within Water Gathering Grounds
stipulated by Water Supplies Department.
(ii)
A Drainage Management Plan shall be prepared by the
Contractor for approval by the Engineer for each of the works areas, detailing
the facilities and measures to manage pollution arising form surface runoff
from those works areas.
(iii)
An Emergency Contingency Plan shall be prepared by
the Contractor, detailing the response and procedures to contain and remove any
accidental spillage along the temporary and permanent roads and at the site at
short notice to prevent or minimize the quantities of contaminants from
reaching the reservoirs and local streams leading to the reservoirs. The
Emergency Contingency Plan should be submitted to the Engineer for approval.
(iv)
Surface run-off and effluent from the construction
sites at the tunnel intake and outfall will be directed towards adequately
designed sand/silt removal facilities such as sand/silt traps and sediment
basins to remove sand/silt particles from runoff before discharging to
discharge points downstream of the Kowloon Byewash Reservoir Dam and Lower
Shing Mun Reservoir Dam respectively. The design of efficient silt removal
facilities shall be based on the guidelines in Appendix A1 of ProPECC PN 1/94,
which states that the retention time for silt/sand traps should be 5 minutes
under maximum flow conditions. Sizes may vary depending upon the flow rate, but
for a flow rate of 0.1m3/s a sedimentation basin of 30m3 would be required
and for a flow rate of 0.5 m3/s the basin would be 150 m3. The detailed
design of the sand/silt traps shall be undertaken by the contractor prior to
the commencement of construction.
(v)
Channels, earth bunds or sand bag barriers shall be
provided on-site to properly direct stormwater to the above-mentioned
facilities.
(vi)
Existing on-site silt removal facilities, channels
and manholes, if any, shall be maintained and the deposited silt and grit
should be removed regularly, at the onset of and after each rainstorm to ensure
that these facilities are functioning properly at all times.
(vii)
Other manholes, if any, including any newly
constructed ones shall be adequately covered and temporarily sealed so as to
prevent silt, construction materials or debris from getting into the drainage
system.
(viii)
Open stockpiles of materials on site shall be
avoided within water gathering grounds as far as practicable. All surplus spoil
shall be removed from water gathering grounds as soon as possible. Measures
shall be taken to prevent the washing away of construction materials, soil,
silt or debris.
(ix)
Where possible, works entailing soil excavation will
be minimized during the rainy season (i.e. April to September). If excavation
in soil could not be avoided in these months or at any time of year when
rainstorms are likely, for the purpose of preventing soil erosion, temporary
exposed slope surfaces should be covered e.g. by tarpaulin, and temporary
access roads should be protected by crushed stone or gravel, as excavation
proceeds. Intercepting channels shall be provided (e.g. along the crest/edge of
excavation) to prevent storm runoff from washing across exposed soil surfaces.
Arrangements shall always be in place to ensure that adequate surface
protection measures can be safely carried out well before the arrival of a
rainstorm.
(x)
Where applicable, final earthworks surfaces/ slopes
shall be well compacted and hydro-seeded following completion to prevent
erosion.
(xi)
For petrol interceptor petrol for surface runoff or construction
effluent likely to be contaminated with oil, detailed design of the petrol interceptor
shall be provided by the Contractor before commencement of construction. Oil
leakage or spillage shall be contained and cleaned up immediately.
(xii)
Sewage arising from the construction workers on site
shall be collected by temporary sanitary facilities e.g. portable chemical
toilets. Portable toilets shall be used coupled with tankering away services
provided by a licensed collector.
(xiii)
Vehicle wheel washing facilities shall be provided,
where applicable, at the site exit such that mud, debris, etc. deposited onto
the vehicle wheels or body can be washed off before the vehicles are leaving
the site area.
(xiv)
Section of the road between the wheel washing bay
and the public road shall be paved with backfill to reduce vehicle tracking of
soil and to prevent site run-off from entering public road drains.
(xv)
Vehicle washing facilities shall be drained into
desilting facilities before discharge. The water shall be recycled or reused on
site wherever possible.
(xvi)
Desilting facilities shall be checked and the
deposited silt and grit shall be removed regularly to ensure they are working
properly at all times.
(xvii)
To minimize water quality impact, recycled water
shall be used at the cutter face for cooling purposes. Used water shall be
collected and discharged to settling tank for settlement
(xviii)
Excess water from the settling tank shall be
transferred to the desilting facilities for treatment before discharge.
Protection against
accidental spillage
(xix)
All fuel tanks and storage of chemical wastes shall
be sited on sealed and bunded areas, provided with locks, and located outside
water gathering grounds as far as practicable.
(xx)
The storage areas shall be surrounded by bunds with
a capacity equal to 110% of the storage capacity of the largest tank to prevent
accidentally spilled oil, fuel or chemicals from reaching the receiving waters.
(xxi)
Oil and grease removal facilities shall be provided
where appropriate, for example, in area near plant workshop/ maintenance areas,
if any.
Environmental
Permit No. EP-345/2009
環境許可證編號 EP-345/2009