Environmental
Permit No. EP-413/2011
環境許可證編號
EP-413/2011
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
建造及營運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 Water Supplies Department (hereinafter referred to as the
"Permit Holder") to construct and operate the designated projects
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”)，以建造及營運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-413/2011 |
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Document in the Register : 登記冊上的文件: |
1.
Integration
of Siu Ho Wan and -
Environmental Impact Assessment Report (29 November
2010) -
Environmental Monitoring and Audit Manual (29 November
2010) -
Executive Summary (29 November 2010) Hereinafter referred to as
the “EIA Report”. 小蠔灣濾水廠及銀礦灣濾水廠的整合工程(登記冊編號: AEIAR-158/2011) -
環境影響評估報告( -
環境監察審核手冊( -
行政摘要( 下稱「環評報告」 2.
The
Director’s letter of approval of the EIA Report dated 13 January 2011
referenced (11) in EP2/N9/Q/ 署長於2011 年 3. Application
for Environmental Permit and attachments submitted by the Permit Holder on 1
February 2011 (Application No.: AEP-413/2011) 許可證持有人於2011 年2 月1 日提交的環境許可證申請文件及附件(申請書編號: AEP-413/2011) |
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15 February 2011 |
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Date 日期 |
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(Sam W.H. Wong) Principal Environmental Protection
Officer for Director of Environmental
Protection 環境保護署署長 (首席環境保護主任(區域評估)黃偉康代行) |
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PART
B (DESCRIPTION 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:
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Title of Designated Projects 指定工程項目的名稱 |
Integration of Siu Ho Wan and (This
designated project is hereafter collectively referred to as “the Project”) 小蠔灣濾水廠及銀礦灣濾水廠的整合工程 (本指定工程項目下稱“工程項目”) |
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Nature of Designated Projects 指定工程項目的性質 |
Earth works and building works within the
boundaries of the Lantau North (Extension) 於北大嶼郊野公園（擴建部分）、北大嶼郊野公園和南大嶼郊野公園的範圍內進行土木及建築工程以建造及營運一條食水轉運隧道及其相關工程 |
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Location of Designated Projects 指定工程項目的地點 |
The Project is located at 工程項目位於大嶼山小蠔灣及銀礦灣之間。擬建的食水轉運隧道會在北大嶼郊野公園（擴建部分）、北大嶼郊野公園和南大嶼郊野公園底下通過。 The location of the Project is shown in Figure 1
of this Permit. 工程項目的地點展示於本許可證圖一內。 |
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Scale and Scope of Designated Projects |
The Project is to construct and operate a fresh
water transfer tunnel from Siu Ho Wan Water Treatment Works (WTWs) to Lai Chi
Yuen Tsuen at 工程項目為建造及營運一條接連小蠔灣濾水廠和銀鑛灣荔枝園村的食水轉運隧道，其主要項目包括: (i)
Construction and operation of a fresh
water transfer tunnel, approximately (ii) Laying of a (iii) Laying of a (iv) All associated civil,
structural, geotechnical, electrical and mechanical works, including
landscaping, permanent and temporary accesses as may be necessary for the
completion of the works elements as listed in (i), (ii) and (iii) above. 一. 建造及營運一條內徑 二. 由隧道北部入口鋪設一條內徑 三. 由隧道南部入口鋪設一條內徑 四. 其關聯的工序有土木、結構、岩土、電力、機械和環境美化工程；及可能為完成以上第一、二和三項而需設立的臨時或永久的通路。 |
1. General
Conditions
1.1
The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may
constitute a contravention of the Environmental Impact Assessment Ordinance
(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) at all 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 this 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 designed, constructed and operated in accordance with the
information and recommendations described in the approved EIA Report (Register
No. AEIAR-158/2011), the Application for Environmental Permit (Application No.
AEP-413/2011) and other relevant documents in the Register, the information and
mitigation measures described in this Permit, mitigation measures to be
recommended in the 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, 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 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.
2
Measures before Commencement of
Construction of the Project
Employment of Environmental Monitoring
and Audit (EM&A) Personnel
3. Submission or
Measures for or during Construction of the Project
Management Organization of Main
Construction Companies
3.1 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.
Measures to Mitigate Air Quality Impact
3.2 The Permit Holder shall undertake watering of the works area according to the frequencies as stated in Table 1 of this Permit throughout the construction period.
Measures to Mitigate Construction Noise
Impact
3.3 The Permit Holder shall erect effective movable noise barriers with absorptive lining on the inner surface at the site facing towards the Lai Chi Yuen Tsuen during construction of vertical shaft or chamber at the Silver Mine Bay Portal in order to minimize the potential noise impact on the residents of Lai Chi Yuen Tsuen.
Measures to Mitigate Ecological
Impact
3.4 No blasting operation shall be conducted on site. The Permit Holder shall use Tunnel Boring Machine (TBM) method to construct the proposed fresh water transfer tunnel.
3.5 No construction works or activities associated with the Project, including formation of permanent or temporary access road, shall be carried out outside the works areas as indicated in Figure 2 and 3 of this Permit.
Measures to Mitigate Hazard to
Life
3.6 The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, deposit with the Director drawings showing the designated route(s) for site vehicles to prevent them from using the route used by the Chlorine Delivery Trucks. All site vehicles shall use the designated route(s) only.
3.7
The Permit Holder shall, no
later than two weeks before the commencement of construction of the Project,
deposit with the Director a plan showing the design and location of crash
barriers to protect the
3.8 No construction work shall be carried out, and no construction workers shall stay on-site in outdoor locations during chlorine delivery.
Submission of Drainage Management
Plan
3.9 The Permit Holder shall, no later than one month before commencement of construction of the Project, deposit with the Director 4 hard copies and 1 electronic copy of the Drainage Management Plan showing the detailed design of the sedimentation tank or silt removal facilities, silt removal effectiveness, emergency action plan, mitigation measures, operation regime and maintenance frequency. Before submission to the Director, the Drainage Management 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.
3.10 Submission of Waste
Management Plan
The Permit Holder shall , no later than one month before commencement of construction of the Project, deposit with the Director 4 hard copies and 1 electronic copy of a waste management plan (WMP) for construction of the Project. The WMP shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in the EIA report. The WMP shall indicate the disposal location(s) of all surplus excavated spoil and other waste. A trip ticket system shall be included in the WMP. Surplus excavated spoil and other wastes shall only be disposed of at the designated disposal locations unless otherwise approved by the Director. The Permit Holder and any person working on the Project shall fully and properly implement all measures recommended in the WMP throughout the construction period. Before submission to the Director, the WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report.
4. Measures during
Construction and Operation of the Project
Measures to Mitigate Landscape and
Visual Impact
4.1 The Permit Holder shall transplant the affected tree (“Ficus microcarpa”) at the north tunnel portal location at Siu Ho Wan. The existing and transplanted locations of the tree are shown in Figure 4 of this Permit.
4.2 The Permit Holder shall compensate the loss of trees with light standard trees and heavy standard trees comprising majority native species at a quantity compensation ratio of at least 1:5 at location as shown in Figure 4 and 5 of this Permit.
5. Submission
prior to Commissioning of the Project
Submission of Chlorination
and Dechlorination Treatment Plan
5.1 The Permit Holder shall, no later than one month before commencement of sterilization work of the water mains under the Project, deposit with the Director 4 hard copies and 1 electronic copy of the chlorination and dechlorination treatment plan, which shows the details of the chlorination and dechlorination treatment facilities, treatment processes, treatment capacity, discharge volume, methodology, chemicals used, implementation programme, sampling location(s), discharge location(s), monitoring frequency and event and action plan. Before submission to the Director, the chlorination and dechlorination treatment 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.
6.
Environmental Monitoring and Audit Requirements
6.1 The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual (Register No. AEIAR-158/2011) of the Project. Any changes to the monitoring and audit requirements shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements set out in the EM&A Manual, and shall seek the prior approval from the Director before implementation.
6.2 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 Event/Action Plans of the
EM&A Manual in accordance with the time frames set out in 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 the 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.
6.4 4 hard copies and 1 electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days of 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.
6.5 All EM&A data submitted under this Permit shall be true, valid and correct.
7.
Electronic Reporting of
EM&A Information
7.1 To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 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 6.3 and 6.4 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 hard copies.
7.2
The Permit Holder shall, within
6 weeks after commencement of construction of the Project, set up a dedicated
Internet web site and notify the Director in writing the Internet address where
the environmental monitoring data and project information is to be placed. All
environmental monitoring data described in Condition 7.1 above shall be made
available to the public via the abovementioned dedicated Internet web site in
the shortest practicable time and in any event no 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 maintain the dedicated Internet web site throughout the
entire construction stage and during the first operating year of the Project to
facilitate public access to the environmental monitoring data.
7.3 The Internet web site as described in Condition 7.2 above shall enable user-friendly public access to the environmental monitoring data and project information including the Project Profile, the EIA Report, the Environmental Permit(s) and all finalized submissions required under this Permit. The Internet website shall have features capable of:
(a)
providing access to all environmental
monitoring data of the Project collected since the commencement of
construction;
(b)
providing access to all finalized submissions
as required under this Permit;
(c)
searching by date;
(d)
searching by types of monitoring data; and
(e)
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 Projects) 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 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 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.
1.
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.
2. 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.
3.
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.
Environmental Permit No. EP-413/2011
環境許可證編號
EP-413/2011
Table
1: Recommended Watering
Frequencies at Siu Ho Wan and
|
Works Area Location |
Watering Frequency |
|
Siu
Ho Wan |
3 hours intervals for the
heavy construction operation areas and 1.5
hour intervals for the paved roads |
|
|
3 hours intervals for the
heavy construction operation areas and the paved roads |
Note: This Table shall be read in conjunction
with Condition 3.2 of this Permit.
| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 |
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