Environmental Permit No. EP-401/2010
環境許可證編號EP-401/2010
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to The Hong Kong and China Gas Company Limited (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香港中華煤氣有限公司(下稱 “許可證持有人”)，以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-401/2010 |
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Document in the Register : 登記冊上的文件:
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1. Installation of Submarine Gas Pipelines and Associated Facilities from To Kwa Wan to North Point for Former Kai Tak Airport Development - Executive Summary - Environmental Impact Assessment Report [Hereinafter referred to as the “EIA Report”] - Environmental Monitoring and Audit (EM&A) Manual [Hereinafter referred to as the “EM&A Manual”] (Register No.: AEIAR-153/2010)
2. The Director’s letter of approval of the EIA Report dated 2 August 2010 referenced (35) in EP2/G/H/145 Pt.2
3. Application for Environmental Permit submitted by the Permit Holder on 9 September 2010 (Application No.: AEP- 401/2010)
1. 配合舊啓德機場發展計劃之土瓜灣至北角海底煤氣管道及相關設施之建造工程 - 行政摘要 - 環境影響評估報告 [下稱“環評報告”] - 環境監察審核手冊 [下稱“環監手冊”] (登記冊編號: AEIAR-153/2010)
2. 署長於2010 年 8月 2日發出批准環評報告的信件，檔案編號: (35) in EP2/G/H/145 Pt. 2
3. 許可證持有人於2010 年 9 月 9 日提交的環境許可證申請(申請書編號: AEP-401/2010)
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6 October 2010 |
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Date 日期 |
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(Victor W. T. YEUNG) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任 楊維德 代行) |
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PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”) A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱
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Installation of Submarine Gas Pipelines and Associated Facilities from To Kwa Wan to North Point for Former Kai Tak Airport Development (This designated project is hereafter referred to as “the Project”)
配合舊啓德機場發展計劃之土瓜灣至北角海底煤氣管道及相關設施之建造工程 (本指定工程項目下稱“工程項目”) |
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Nature of Designated Project 指定工程項目的性質
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Installation of submarine gas pipelines and associated dredging operation which is less than 100m from a seawater intake point.
設置海底煤氣管道及距離一個海水進水口少於100米的相關挖泥工程。 |
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Location of Designated Project 指定工程項目的地點
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From To Kwa Wan to North Point, Hong Kong. The location of the Project is shown in Figure 1 of this Permit.
由香港土瓜灣至北角。 工程項目的地點展示於本許可證圖1內。 |
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Scale and Scope of Designated Project |
The Project will involve construction and operation of the followings: · twin submarine gas pipelines across the Victoria Harbour from To Kwa Wan to North Point; · two land sections of gas pipelines in To Kwa Wan and North Point respectively ; and · two gas stations for pigging operation and provisional pressure regulation at To Kwa Wan and North Point respectively. The alignment of the pipelines and the typical cross section of pipeline trench of the Project are shown in Figure 1 and Figure 2 respectively.
此工程項目包括建造及營辦: · 由土瓜灣至北角橫過維多利亞港的雙管海底煤氣管道； · 兩段分別位於土瓜灣及北角的地底煤氣管道; 以及 · 兩個分別位於土瓜灣及北角的煤氣檢管站。 |
1. General
Conditions
1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and may become the subject of appropriate action being taken under the Ordinance.
1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), Dumping at Sea Ordinance (Cap.466) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defense against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3
The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit and the documents referred to in Part A of
this Permit readily available at all times for inspection by the Director or
his authorized officers at all sites/offices covered by this Permit. Any
reference to the Permit shall include all documents referred to in the Permit
and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction 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) or adjacent works area(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) or adjacent works area(s).
1.6 The Permit Holder shall construct and operate the Project in accordance with the project description in Part B of this Permit (hereafter referred to as “the Project”).
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 (EIAO Register No. AEIAR-153/2010); 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
deposited submissions, as required under this Permit, shall be rectified and
resubmitted in accordance with the comments, if any, made by the Director
within one month of the receipt of the Director’s comments or otherwise
specified by the Director.
1.9 All submissions approved by the Director, all submissions deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in 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.
1.14
The
Permit Holder shall notify the Director in writing the commencement date of
operation of the Project no later than one month prior to the commencement of operation
of the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement date of the operation.
2
Specific Conditions
Submissions or Measures to be implemented before Construction of the Project
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 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 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-153/2010) 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-153/2010) 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, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-153/2010) and this Permit, which may 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.
Submission of Design Drawings
2.4 Four hard copies and one electronic copy of design drawing in the scale of 1:5,000 or other appropriate scale, showing the vertical and horizontal alignments of the submarine gas pipelines with coordinates and typical cross section(s) of the pipelines trench of the Project, shall be deposited with the Director at least two weeks before the commencement of construction of the Project.
Measures for Mitigation of Water Quality Impact
2.5 To mitigate water quality impact caused by dredging operation, the dredging operation of the Project shall be carried out by a closed grab dredger. Only one closed grab dredger shall be working for the Project at any one time. The maximum dredging rate shall not exceed 4,000m3 per day. The dredging work shall be confined to within 25m on either side of the alignment of the proposed submarine gas pipelines as shown in Figure 1.
2.6 To reduce the dispersion of suspended solids during dredging operation, a frame type silt curtain shall be deployed to fully enclose the dredging location. The silt curtain shall be designed to contain local pollution caused by the closed grab dredger. The silt curtain shall be suspended by a steel frame mounted on the grab dredger and floating on water at all time when dredging works are in progress. The silt curtain shall extend to the seabed to cover the entire water column. The frame type silt curtain shall be fabricated from permeable, durable, abrasion resistant membrane like geotextile and be mounted on a floating boom structure. To ensure the silt curtain extends to seabed, steel chain or ballast shall be attached to the bottom of the silt curtain and the structure of the silt curtain shall be maintained by metal grids. Mid-ballast should be added if necessary.
2.7 Five hard copies and one electronic copy of the frame type silt curtain design and deployment plan shall be submitted to the Director for approval no later than one month before the commencement of the dredging operation. Before submission to the Director, the design and deployment plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report and other relevant documents in the Register. The frame type silt curtain shall be constructed, deployed and maintained in accordance with the requirements as set out in the design and deployment plan.
2.8 For the commissioning/hydrostatic test(s) of the gas pipelines, no chemical shall be added into the water for the testing. To reduce suspended solids in the wastewater after the testing, sedimentation tanks with sufficient capacity shall be constructed from pre-formed individual cells of approximately 6 to 8 m3 capacity and shall be used for settling the wastewater after the testing, unless otherwise approved by the Director.
Measures for Mitigation of Marine Ecological Impact
2.9 To minimise impact on the coral communities at To Kwa Wan breakwaters during dredging operation of the Project, a movable second silt curtain shall be placed between the closed grab dredger and the nearby coral communities at the To Kwa Wan breakwaters, in addition to the frame type silt curtain as described in Condition 2.6 above. The indicative alignment of the movable second silt curtain and the location of the coral communities are shown in Figure 3. Five hard copies and one electronic copy of the second silt curtain design and deployment plan shall be submitted to the Director for approval no later than one month before the commencement of the dredging operation within 250m from the nearest To Kwa Wan breakwaters. Before submission to the Director, the design and deployment plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report and other relevant documents in the Register. The design and deployment plan shall include the design of the second silt curtain, which shall be at least 75m long and shall be moved along with the dredger as work progresses, so that at least 15m of the silt curtain shall extend past the dredger in each direction. The silt curtain shall remain in a suitable position between the dredger and the coral communities at the To Kwa Wan breakwaters until the dredger is more than 250m from the coral communities. The second silt curtain shall be constructed, deployed and maintained in accordance with the requirements as set out in the design and deployment plan.
Measures for Mitigation of Noise Impact
2.10 To reduce construction noise impact from the works areas in To Kwa Wan and North Point areas, movable noise barrier(s) and/or noise enclosure shall be erected near the construction plants to block the direct line of sight to nearby noise sensitive receivers (such as schools and residential developments) where practicable; and mufflers and/or silencers shall be installed on construction machine(s) where appropriate.
Measures for Mitigating Cultural Heritage Impact
2.11 To mitigate potential cultural heritage impact from dredging operations near To Kwa Wan where no geophysical survey result was available, the materials dredged from locations as shown in Figure 4 shall be monitored for the presence of archaeological ‘finds’ in accordance with the Marine Archaeological Monitoring Brief requirements as set out in Section 8 of the EM&A Manual of the Project.
Submission and Measure for Operation of the Project
2.12 The Permit Holder shall, no later than two weeks prior to the commencement of operation of the Project, deposit with the Director four hard copies and one electronic copy of as-built drawings in the scale of 1:5,000 or other appropriate scale showing the vertical and horizontal alignments of the submarine gas pipelines with coordinates and typical cross section(s) of the pipeline trench of the Project. The Project shall be subsequently operated in accordance with the as-built drawings.
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 the EM&A Manual of the Project. 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 requirements set out in the EM&A Manual and shall seek the prior approval from the Director before implementation.
3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline environmental monitoring;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; and
(d) logging and keeping records of details of (a) to (c) above for all parameters within 3 working days of collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available for inspection on site.
3.4 Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within two weeks after the end of the reporting month. The EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
3.5 Four hard copies and one electronic copy of the Final EM&A Review Report shall be submitted to the Director no later than one month after the submission of the last monthly EM&A Report. 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.
3.6 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4
Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the Baseline Monitoring Report and regular 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies as described in Conditions 3.3 and 3.4 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hardcopies.
4.2 A dedicated website shall be set up with notification in writing to the Director of 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 data described in Condition 4.1 above shall be made available to the public via a dedicated web site to be set up in the shortest practicable time and in no event later than two 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 and project data including the approved EIA Reports and the environmental permit(s) of the Project. The Internet website shall have features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of works;
(b) searching by date;
(c) searching by types of monitoring data (noise and water quality); 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 (Descriptions 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 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-401/2010
環境許可證編號 EP-401/2010