Environmental
Permit No. EP-442/2012
環境許可證編號 EP-442/2012
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 Electrical and Mechanical Services Department (hereinafter
referred to as the "Permit Holder") to construct and operate the designated
project described in Part B subject to the conditions
described in or attached to 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機電工程署 (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部所說明或附載的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：–
|
Application No. 申請書編號 |
AEP-442/2012 |
|
Document in the Register |
(1) EMSD -
Environmental Impact Assessment Report (May 2012) [Hereinafter referred to as
the “EIA Report”] -
Environmental Monitoring and Audit Manual (May 2012) [Hereinafter referred to
as the “EM&A Manual”] -
Executive Summary (May 2012) 位於柴灣常安街的機電工程署香港車輛維修站 (登記冊編號: AEIAR-168/2012) -
環境影響評估報告 (2012年5月) [下稱「環評報告」] -
環境監察審核手冊 (2012年5月) [下稱「環監手冊」] -
行政摘要 (2012年5月) (2) The Director’s
letter of approval of the EIA Report dated 12 July 2012 referenced (10) in
AX(1) to EP2/H20/A/ 署長於 (3) Application for an Environmental Permit submitted by the Permit
Holder on 16 July 2012 (Application No. AEP-442/2012) 許可證持有人於 |
9
August 2012
|
Date 日期 |
|
(Ken
Y.K. 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 黃耀光代 行) |
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 project(s) mentioned in Part
A of this environmental permit :-
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title of Designated Project(s) 指定工程項目的名稱 |
EMSD [This designated project is hereinafter referred
to as "the Project"] 位於柴灣常安街的機電工程署香港車輛維修站 |
|
Nature of Designated Project(s) 指定工程項目的性質 |
A transport depot located less
than 運輸車廠，而該車廠的位置距離一個現有的或計劃中的 |
|
Location of Designated Project(s) 指定工程項目的地點
|
The project is located at Sheung On Street, Chai Wan. The location of this
Project is shown in Figure 1
attached to this Permit. 工程項目位於柴灣常安街。工程項目的位置見載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction and operation of the following key
elements: (i)
A single storey building, covered
by steel shelter with an approximately (ii) Access Road; and (iii) Parking Bays. 建造及營辦以下的主要部份： (i)
一座樓高約 (ii) 行車通道；及 (iii) 泊位。 |
C部 (許可證條件)
1. General
Conditions
一般條件
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) and Waste Disposal Ordinance (Cap. 354). 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 and 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 in 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
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 designed, constructed and operated in accordance
with the information and all recommendations described in the EIA Report, the
application documents for environmental permits, 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 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 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 2.1 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 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,
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 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 operation.
2. Specific
Conditions
Submissions
and Measures before Commencement of 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 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 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 of the Project 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 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 Company
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
venture 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 be Implemented during Construction Stage
2.4
To minimize the construction noise
impact, raft foundation with shallow footings shall be used for the Project.
Pile foundation shall not be used.
Measures Before and During Operation of the Project
Restriction on Project Operation
to minimize potential environmental impacts
2.5
The quantity of equipment/facility of the Project, with
potential noise generated from vehicle maintenance and/or repair, shall be limited
to:
• no more than 17
no. of vehicle hoists;
• no more than 1
no. of Motorcycle Speedometer Calibrator (the
Calibrator);
• no more than 1
no. of Motorcycle Brake Tester;
• no more than 1
no. of Roller Brake Tester;
• no more than 1
no. of
• no more than 1
no. of Wheel Balancer; and
• a compressor
room with 2 compressors and 2 air dryers.
2.6
The regular operation hours of
the Project shall be 08:00 to 18:00 hours. The Calibrator shall not be used
during 18:00 to 21:00 hours. No vehicle maintenance and/or repair with equipment/facilities
indicated in Condition 2.5 above shall be allowed between 21:00 to 08:00 hours.
2.7
No vehicle body panel hammering
or paint spraying shall be carried out in the Project.
2.8
Only government vehicles shall be
maintained and/or repaired in the Project. No maintenance and/or repair of government
vehicles with a permitted
gross vehicle weight exceeding 5.5 tonnes is
allowed in the Project.
Measures to Mitigate Operational
Noise Impact
2.9
To mitigate operational noise
impact from the Calibrator as shown in Figure
2, the following measures shall be implemented:
(a) to
install a
(b) to
install a noise curtain to be hung from roof of the steel shed at the western
site boundary as shown in Figures 2
& 3 to mitigate the noise impact to
the adjacent future educational institute when it is operational.
2.10
To mitigate operational noise impact
from air compressors, the air compressors shall be housed in a dedicated compressor
room shown in Figure 2.
Measures to Mitigate Operational
Landscape and Visual Impact
2.11
To mitigate operational landscape
and visual impacts of the Project, the steel shed cover and the exterior
walls/surfaces of the Project shall be painted in dull and light green as shown
in Figure 4.
2.12
To mitigate operational visual
impact of the Project to the adjacent future educational institute, the noise
curtain along the western site boundary required in Condition 2.9 (b) above
shall be made of non-reflective and opaque materials such that the activities under
the steel shed would not be visible to users of the future educational
institute when it is operational.
Measures for Tree Preservation and Compensation
2.13
Ten (10) trees affected by the Project
shall be retained in-situ at locations marked in Figure 5. To avoid impairing survival
rate of the retained trees, protective measures shall be carried out if pruning
of tree canopy is required in accordance with the recommendations made in Table
1.
2.14
Off-site tree compensation planting
shall be implemented at the EMSD Tuen Mun Vehicle Servicing Station, 202 Lung
Mun Road, Siu Lang Shui, Tuen Mun, including the planting of thirty-one (31)
heavy standard trees (with tree trunk diameter of at least
3. Environmental
Monitoring and Audit Requirements
3.1 The EM&A programme
shall be implemented in accordance with the procedures and requirements as set
out in the EM&A Manual. Any major 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, 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
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 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.
3.3 Four hard copies and one
electronic copy of the Baseline Monitoring Report shall be submitted to the
Director at least 2 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.
3.4 Four hard copies and one
electronic copy of monthly EM&A Report shall be submitted to the Director
within 10 working days after the end of each reporting month. The monthly
EM&A Reports shall include a summary of all non-compliance (exceedances) of
the environmental quality performance limits (Action and Limit Levels). The
submission shall be certified by the ET Leader and verified by the IEC as
complying with the requirements as set out in the EM&A Manual before
submission to the Director. Additional copies of submission shall be provided
upon request by the Director.
3.5 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 1.3 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 The Permit Holder shall,
within six weeks after the commencement of construction of the Project, set up
a dedicated web site and notify the Director in writing the Internet address
where the environmental monitoring and project data is to be placed. 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 by the Permit Holder
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. The Permit Holder shall maintain the
dedicated website for public access of the environmental monitoring data and
reports throughout the construction period of the Project, or otherwise as
agreed by 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 Project Profile, the approved EIA
Report, the Environmental Permit(s) and all finalised submissions required
under this Permit. The Internet website shall have features capable of:
(a) providing access to all environmental
monitoring data collected since the commencement of works;
(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) hyperlinks to relevant monitoring data after
searching;
or otherwise as agreed by the
Director.
Table 1: The 10 Trees to be retained on Project site*.
|
Tree No. |
Scientific name |
Chinese Common Name |
Recommendation (Retain/Retain + Prune) |
|
T002 |
Macaranga tanarius |
血桐 |
Retain |
|
T003 |
Macaranga tanarius |
血桐 |
Retain |
|
T018 |
Macaranga tanarius |
血桐 |
Retain + Prune |
|
T019 |
Macaranga tanarius |
血桐 |
Retain + Prune |
|
T020 |
Macaranga tanarius |
血桐 |
Retain + Prune |
|
T021 |
Macaranga tanarius |
血桐 |
Retain + Prune |
|
T023 |
Macaranga tanarius |
血桐 |
Retain + Prune |
|
T027 |
Macaranga tanarius |
血桐 |
Retain + Prune |
|
T028 |
Macaranga tanarius |
血桐 |
Retain + Prune |
|
T031 |
Macaranga tanarius |
血桐 |
Retain + Prune |
* Based on Tree Assessment
Schedule in EIA Report Appendix 8.1
Notes:
註:
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-442/2012
環境許可證編號：EP-442/2012
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