Environmental Permit
No.
EP-409/2010
環境許可證編號:EP-409/2010
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER
499)
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 (the EIAO), the Director of
Environmental Protection (the Director) grants this Environmental Permit to MAIN
WEALTH COMPANY LIMITED (hereinafter referred to as the “Permit Holder”)
to decommission the ship building and repairing facilities as 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滿偉發展有限公司(下稱“許可證持有人”)以解除B部所說明的船舶建造及修理設施指定工程項目, 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：
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Application
No. 申請書編號： |
AEP-409/2010 |
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Document
in the Register: 登記冊上的文件： |
(1) Environmental Impact
Assessment for 油塘灣發展計劃 - 油塘灣填海工程環境影響評估 (登記冊編號：AEIAR-053/2002) - Environmental Impact
Assessment Report (Final) (January 2002) – Volume 1 and Volume 2
[hereinafter referred to as the "EIA Report"] - 環境影響評估最終報告
(2002年1月) - – 第一冊和第二冊 [下稱「環評報告」] - Environmental Monitoring and
Audit Manual (January 2002) - 環境監察審核手冊
(2002年1月) - Executive Summary (January
2002) - 摘要
(2002年1月) (2) The Director’s letter of
approval of the EIA Report dated 8. 署長已於 (3) Project Profile - “ 工程項目簡介 – “油塘灣 – 船廠拆卸工程” (登記冊編號: PP-427/2010) (4) Application documents
submitted by the Permit Holder on 17.12.2010 (Application No. AEP-409/2010) 證持有人於 |
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Director’s
Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可証 |
Letter Reference: (18) in
EP2/K15/PT2/10 信件檔號: (18) in
EP2/K15/PT2/10 Date: 15 Dec 2010 日期: |
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10th Jan 2011 |
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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 (DESCRIPTIONS OF DESIGNATED PROJECT(S))
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:
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Title
of Designated Projects 指定工程項目的名稱 |
[This
designated project is hereinafter referred to as “the Project”]. 油塘灣 – 船廠拆卸工程 [這指定工程項目下稱 ‘工程項目’ ] |
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Nature
of Designated Projects |
Decommissioning
of ship building and repairing facilities more than 拆卸面積 |
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Location
of Designated Project 指定工程項目的地點 |
油塘灣。工程項目的位置見載於本許可證夾附的圖1。 |
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Scale and Scope of Designated
Project(s) 指定工程項目的規模和範圍 |
Decommissioning
of 39marine lots as shown in Figure 1. 拆卸39個海旁地段展示於圖1。 |
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). This Permit does not of
itself (a) constitute any ground of defence 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 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.
1.5 The Permit Holder shall
display conspicuously a copy of this Permit on the work 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 construction site(s).
1.6 The Permit Holder shall and
decommission the shipyard sites as described in Part B of
this Permit.
1.7 The
Permit Holder shall ensure that the shipyard sites are decommissioned, in
accordance with the information and recommendations described in the EIA report
(Register No. AEIAR-053/2002) and the Project Profile (Register No.:
PP-427/2010); other relevant documents in the EIA Ordinance Register Office;
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 EIA Ordinance Register
Office 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 2.2 and 2.3 below, before submitting to the Director under the
Permit. All submissions or any variation of the submissions in relation
to the soil remediation work shall be confirmed by the Independent
Environmental Auditor (IEA) referred to in Condition 2.4 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 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 The Permit Holder shall
notify the Director in writing the commencement date of the Decommissioning
Project at least one month before the commencement of the Project. The Permit
Holder shall notify the Director in writing immediately if there is any change
of the commencement date of the Decommissioning.
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.
2. Special
Conditions
Submission
and Measures before Commencement of the Project
Submission
of a Schedule of Works
2.1 The Permit Holder shall
deposit a schedule of works to the Director no later than one week before the
commencement of the Project. The schedule shall provide information on :
a) the ET, IEC and IEA appointed for the Project and their
responsibilities;
b) the Contractor(s) appointed for the
Project and an organization chart showing the relationship and line of
communication between the Permit Holder, the Contractor(s), the ET, the IEC and
the IEA;
c) when
available, the demolition and soil remediation work schedule for each lot;
d) the anticipated completion date for the soil remediation
work; and
e) the anticipated schedule for submissions to reflect
requirements as set out in this permit.
Employment
of Environmental Monitoring & Audit (EM&A) Personnel
2.2 An Environmental Team (ET) shall
be established by the Permit Holder no later than one month before the
commencement of 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), environmental management plus
soil remediation work. 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 EIA report
(Register No. AEIAR-053/2002) and the approved EM&A Manual submitted under
condition 2.7 of 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 compliance with the recommendations of the EIA Report
(Register No. AEIAR-053/2002) 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 circumstance. This ET Leader’s
log-book shall be kept readily available for inspection by all persons
assisting in the supervision of the implementation of the EIA Report
recommendations 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. The ET shall not be in any way an associated body of the
Contractor, the IEC or the IEA for the Project.
2.3 An Independent Environmental
Checker (IEC) shall be employed by the Permit Holder at least one month before
the commencement of the Project. The IEC shall be a person who has at
least 7 year of experience in EM&A or environmental management plus soil
remediation work. The IEC shall be responsible for duties defined in the
EM&A Manual submitted and approved under Condition 2.7 of this Permit, and
shall audit the overall EM&A programme described
in the EIA report (Register No. AEIAR-053/2002) for the
Project. The IEC shall audit 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 2.2 of this
Permit. The IEC shall notify the Director by fax, within 24 hours 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-053/2002), the Project Profile (Register
No.: PP-427/2010) or this Permit, which might affect the monitoring
or control of adverse environmental impact. Where the IEC fails to so
notify the Director of the same, fails to discharge the duties of the IEC as
defined 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.
The IEC shall not be in any way an associated body of the Contractor, the ET or
the IEA for the Project.
2.4 The Permit Holder shall engage an
Independent Environmental Auditor (IEA) at least one month before the
commencement of the Project. The IEA shall be independent from the
Contractor, the ET and the IEC for the Project. The IEA shall have at least 7
year of post-professional qualification experience in environmental monitoring
and auditing, and soil remediation works which include, but not limited to, biopiling and solidification and soil remediation
independent testing / analysis. The IEA shall be responsible for
monitoring and auditing the performance of the work of the IEC and ET required
under this Permit to ensure compliance. The IEA shall monitor soil
sampling and testing process. The IEA shall witness the collection and
splitting of duplicate samples on-site. In addition, the IEA shall be
responsible for auditing the overall acceptability of the soil remediation
work, the satisfactory completion of the soil remediation work and its
documentation in the Soil Remediation Report.
Establishment
of Environmental Management Committee (EMC)
2.5 The Permit Holder shall set up an
Environmental Management Committee (EMC) before the commencement of the Project
to advise on and monitor the effectiveness of the soil remediation
process. The Permit Holder shall inform the Director in writing the
membership of the EMC at least 1 week before the commencement of the Project.
Management
Organization of Main Construction Companies
2.6 The Permit Holder shall, at least 1
week before the commencement of the Project, inform the Director in writing the
management organization of the main construction companies and/or any form of
joint ventures appointed for the Project. The submitted information shall
include at least an organization chart, names of responsible persons and their
contact details.
Updating of
Environmental Monitoring & Audit (EM&A) Manual
2.7 At least one month before the
commencement of the Project, the Permit Holder shall submit to the Director for
approval four hard copies and one electronic copy of an updated EM&A Manual
for the Project. The EM&A Manual shall make reference to the approved
EM&A Manual submitted with the EIA report in January 2002 and the Project
Profile (Register No.: PP-427/2010 (as referred in Part A).
The EM&A Manual shall detail the monitoring and audit requirements for the
Project, including the soil remediation monitoring requirements outlined in
Appendix
Submission of
Construction Noise Mitigation Plan (CNMP)
2.8 At least one week before
commencement of the Project, the Permit Holder shall deposit
with the Director three copies of construction phase noise mitigation plan
(CNMP) which shall consist of a layout plan (at least 1:1000 scale) and
explanatory statement showing the exact location and details of construction
plants to be used, the location and duration of the movable noise barriers
during the Project and the 3 to
Submission
of Soil Remediation Method Statement(s)
2.9 The Permit Holder shall submit four hard
copies and one electronic copy of a Method Statement(s) to the Director for
approval at least one month before the commencement of any soil remediation
works. This Method Statement(s) shall be certified by the ET Leader, verified
by the IEC and confirmed by the IEA as conforming to the information and
recommendation contained in the EIA Report and the application documents as
referred in Part A, submitted by the Permit Holder before
submission to the Director. The approved Method Statement(s) shall be
hereafter referred to as the “Method Statement”. The Method Statement(s) shall
provide details on the following:
a) The methodology /
procedures for biopiling and solidification
processes;
b)
Monitoring and verification procedures for biopiling
and solidification processes;
c)
Pilot test procedures for solidification process to ascertain the optimal
concrete mix recipe and the leachablity of the
products;
d)
The sample size for the verification soil test to be conducted by IEA for spot
check purpose;
e)
The notification system for notifying the Director the satisfactory completion
of the excavation and treatment of contaminated soil; and
f) Provision
and operation requirements of equipment and personnel decontamination
facilities.
Submission of
Supplementary CAP, CAR and RAP
2.10 For the lots and facilities which
were inaccessible for detailed contaminated soil sampling and assessment during
the EIA Report preparation stage, the Permit Holder shall submit a
Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR) and
Remediation Action Plan (RAP) to the Director for approval at least one month
before the commencement of any soil remediation work on these lots.
These “inaccessible” lots and facilities include:
a) the
marine lots YTML 27, 44, 45-46, and 54;
b) the underground oil tank at YTML No. 6-11;
For the
lots and facilities with previously approved CAP, CAR and RAP based on “Dutch B
levels referenced in ProPECC PN3/94 - Contaminated
Land Assessment and Remediation”, the Permit Holder can proceed with the
remediation work or re-submit the CAP, CAR and RAP in accordance with the new
procedures and requirements stipulated in the EPD’s “Guidance Note for
Contaminated Land Assessment and Remediation (dated 15 August 2007)” and
“Guidance Manual for use of Risk-Based Remediation Goals (RBRGs) for
Contaminated Land Management (dated December 2007)”.
2.11 The
CAP shall include proposals on the sampling and analysis, and shall aim at
determining the nature and extent of the contamination of these lots, including
any potential for dioxincontamination. The CAP
shall also contain a detailed account of the present activities and past land
history in relation to possible land contamination (e.g. reference to aerial
photos, accident records, fire records, change of land use, any signs of
incineration facilities, burn pits or facilities that utilizes high temperature
burning, etc). The precautionary investigation for dioxin contamination
shall also be detailed in the CAP. Based on the endorsed CAP, the Permit
Holder shall conduct a land contamination assessment and the findings shall be
presented in the CAR.
2.12 If land contamination at the lots
referred under Condition 2.10 is confirmed, the Permit Holder shall prepare a
RAP in which further hotspots of contaminated soil that require soil
remediation shall be identified. The RAP shall also contain a composite
contamination plan showing the extent of soil contamination for the entire site
including the hotspots identified in the EIA report and those identified under
this Condition. The contamination plan shall clearly delineate areas with
different types of contamination that require different soil remedial
treatment.
2.13 The CAP, CAR and RAP shall be
certified by the ET and verified by the IEC and confirmed by the IEA before
submission to the Director. No construction work, including soil
remediation work, shall commence on anyone of these lots until the relevant
CAP, CAR and the RAP for that specific lot is approved by the Director.
Submission
of Soil Remediation Report (SRR)
2.14 The Permit Holder shall deposit
four hard copies and one electronic copy of a SRR to the Director no later than
one month after the completion of the Project and at least two months before
the commencement of the construction work for the future development. The
SRR shall demonstrate that the soil remediation and disposal work for the
Project has been carried out according to the specified methodology and has
been shown to be adequate. The SRR shall also provide information on the
types and volume of contaminated soil treated on site and disposed off site to
landfill. The SRR shall be certified by the ET Leader, verified by IEC
and confirmed by IEA prior to submission to the Director. No construction
works for the future development, except for site preparation works, shall
commence before the deposition of SRR to the Director.
3. Submissions and Measures
for the Project
Project
Boundary for the Decommissioning Project
3.1 No work including, but not limited to,
the decommissioning of ship building / repairing facilities at the marine lots
and the demolishing of the existing structures on both marine and government
lots shall be conducted at areas outside the limit as shown in Figure
1 of this Permit.
Measures
to Mitigate Landscape and Visual Impacts
3.2 The Permit Holder shall
retain on-site the mature trees within the project boundary as shown in Figure 2 of this Permit. The
Permit Holder shall not fell or transplant any mature tree unless permission
has been given by the Director under this Condition.
3.3 The Permit Holder shall
make use of colour hoarding to minimize visual
impacts on the nearby sensitive receivers.
3.4 During the biopiling
process, the Permit Holder shall limit the biopiles
to a height of less than
Measures
to Mitigate Noise Impacts
3.5 The noise mitigation measures as
stated in the CNMP deposited under Condition 2.8 shall be fully implemented for
the decommissioning work.
3.6 The Permit Holder shall
use silenced power mechanical equipment (PME) during the Decommissioning
Project. The silenced PMEs to be used shall include, but not limited to,
mobile crane, dumper, dump truck, excavator, truck mixer, concrete pump, generator and air compressors. The sound power levels
(SWLs) for these silenced PMEs shall not exceed the levels specified in Table
B1 of Appendix A of this Permit.
3.7 The Permit Holder shall
use noise barriers and site hoardings of impervious material with a minimum
surface density of
4. Marine
Structure Demolition
4.1 The Permit Holder shall demolish
the marine structure of shipyard in
4.2 The
Permit Holder shall carry out water quality monitoring during the period of
demolition of marine structure.
5.
Environmental
Monitoring and Audit (EM&A)
5.1 To ensure a high degree of
transparency of the project, all EM&A data and results, the approved
EM&A Manual, all EM&A reports and all submissions required by this
Permit shall be made available by the Permit Holder to the public through a
dedicated web site to be set up by the Permit Holder under Condition 6.2 below,
in the shortest possible time and in no event later than two weeks after such
information is available.
5.2 The EM&A programme shall be implemented in accordance with the
procedures and requirements in the EM&A Manual approved under Condition
2.7. Any changes to the EM&A programme
shall be justified by the ET Leader and verified by the IEC as conforming to
the requirements set out in the EM&A Manual and shall be approved by the
Director. If the changes proposed are related to the soil remediation
work/monitoring requirement, they shall also be verified and reviewed by the
IEA.
5.3 The Permit Holder shall submit four
hard copies and one electronic copy of the Baseline Monitoring Report to the
Director at least 2 weeks before the commencement of the Project. The
submissions shall be certified by the ET Leader and verified by the IEC.
Additional copies of the submission shall be provided upon request from the
Director.
5.4 The Permit Holder shall
submit four hard copies and one electronic copy of monthly EM&A Report to
the Director within 2 weeks after the end of the reporting month. The
submissions shall be certified by the ET Leader and verified by the IEC.
When the soil remediation works are in progress, the section(s) in the Monthly
EM&A Report that is relevant to soil remediation work shall also be
confirmed by the IEA. Additional copies of the submission shall be
provided upon request from the Director. The monthly EM&A Report
shall also provide a 1-page summary, in both English and Chinese, summarizing
the EM&A activities, the non-compliance events and complaints received in
the reporting month.
5.5 The actions described in the Event
/Action Plans of the EM&A Manual shall be fully and properly carried out,
in accordance with the time frame as set out in the Event/Action Plans, or as
agreed by the Director.
5.6 Records of measurements and remedial
actions taken for this Project shall be logged and kept, within 3 working days
of the collection of data or completion of remedial action, for the purpose of
preparing and submitting the monthly EM&A Reports and making the
information available for inspection on site or as required by the Director.
5.7 All EM&A data submitted under
this Permit shall be true, valid and correct.
5.8 Within one month after the
commencement of the Project, the Permit Holder shall install and thereafter
maintain a system of web camera(s) covering the soil remediation work areas, in
particular the removal of the underground oil tank at
6.
Electronic Reporting
of EM&A Information
6.1
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, 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 as described in Conditions 5.3 to 5.4 above. 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.
6.2
All environmental monitoring
data described in Condition 6.1 above shall be made available to the public via
internet access in the form of a website, in the shortest possible time and in
no event later than 2 weeks after the relevant environmental monitoring data
are collected or become available, unless otherwise agreed with the
Director. The Permit Holder shall notify the Director in writing within 6
weeks after the commencement of works the internet address where the
environmental monitoring data are to be placed.
6.3
The internet website as described
in Condition 6.2 above shall enable user-friendly public access to the
monitoring data with 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, water
and biogas); and
(d)
hyperlinking to relevant
monitoring data after searching;
or
otherwise as agreed by the Director.
Notes:
1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions)
. Any person relying on this permit should obtain independent legal
advice on the legal implications under the Ordinance, and the following notes
are for general information only.
(i) on a first conviction on indictment to a fine of $ 2 million
and to imprisonment for 6 months;
(iii) on a first summary conviction to a fine at level 6 and to
imprisonment for 6 months;
2 BS refers “BS 5228
Part I : Noise Control on Construction and Open Site
1997”
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