Environmental
Permit No. EP-454/2013
環境許可證編號EP-454/2013
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 Food and Environmental Hygiene Department (hereinafter
referred to as the "Permit Holder") to construct and operate the designated
project described in Part B subject to the
conditions specified in Part C. The issue of this environmental permit
is based on the documents, approvals or permissions described below :-
根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長（署長）將本環境許可證批予食物環境衞生署 (下稱許可證持有人)以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：-
|
Application No. 申請書編號 |
AEP-454/2013 |
|
Document in the Register |
(1) Reprovisioning of FEHD Sai Yee Street Environmental
Hygiene Offices-cum-vehicle Depot at – Environmental Impact Assessment Report (June 2013) [Hereinafter
referred to as the “EIA Report”] – Environmental Monitoring and Audit Manual (June 2013) [Hereinafter referred to as the “EM&A Manual”] – Executive Summary (June 2013) 在西九龍填海區欽明路重置食物環境衞生署洗衣街環境衞生辦事處暨車房 (登記冊編號: AEIAR-177/2013) –
環境影響評估報告 (2013年6月) [下稱「環評報告」] –
環境監察審核手冊 (2013年6月) [下稱「環監手冊」] –
行政摘要 (2013年6月) (2) The Director’s letter of
approval of the EIA report dated 12 November
2013 referenced (69) in EP 2/K20/A 署長於 (3) Application for an
Environmental Permit submitted by the Permit Holder on 24 June 2013 (Application No.: AEP-454/2013) 許可證持有人於 |
12 November 2013
|
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 ( 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 |
Reprovisioning of FEHD Sai Yee Street Environmental
Hygiene Offices-cum-vehicle Depot at [This designated project is hereinafter referred
to as "the Project"] 在西九龍填海區欽明路重置食物環境衞生署洗衣街環境衞生辦事處暨車房 |
|
Nature of Designated Project(s) 指定工程項目的性質 |
A transport depot located less than 運輸車廠的位置距離一個現有的或計劃中的住宅區或教育機 構的最近界線少於200 米 |
|
Location of Designated Project(s) 指定工程項目的地點
|
The Project is located at 工程項目位於西九龍填海區欽明路。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 |
The project is to construct and operate a
five-storey building comprising various facilities for vehicle washing and
repair operation, parking of vehicles as well as offices. 工程項目為建造及營辦一座五層高的大樓，提供車輛清洗和維修設施、車輛停泊處及辦公室。 |
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 Air Pollution Control Ordinance (Cap. 311), Waste
Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and
Noise Control Ordinance (Cap. 400). 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 recommendations described in the approved EIA Report (Register
No.: AEIAR-177/2013), the application document for environmental permit (Application
No.: AEP-454/2013), other relevant documents in the Register, the information
and 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 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 1.3 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 works” 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 and/or 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 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 by fax, 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-177/2013) and this Permit, which might 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.
Submission of Landscape and Visual Mitigation Plan of the Project
2.4
The Permit Holder shall, at least one month before the commencement of
construction of the corresponding component(s) of the Project, submit four hard
copies and one electronic copy of a Landscape and Visual Mitigation Plan(s) to
the Director for approval. The
Plan(s) shall include at least the following information:-
(a)
one (1) existing tree to be retained in-situ at the location marked in Figure 2;
(b)
a tree compensation proposal showing the locations, size, number and
species of trees to be planted, including the compensation of at least 27 trees
of heavy standard size (
(c)
an updated landscape design for ground floor planting, vertical
greening, roof gardens and hard landscape features.
The
Landscape and Visual Mitigation Plan(s) shall be certified by the ET leader and
verified by the IEC as conforming to the information and recommendations of
landscape and visual mitigation measures contained in the EIA Report (Register
No.: AEIAR-177/2013).
Submissions
and/or Measures before and During Operation of the Project
Measures and Submission for Mitigating Landscape and
Visual Impact before Operation of the Project
2.5
The landscape and visual mitigation measures shall be fully and
properly implemented in accordance with the recommendations of the Landscape and
Visual Mitigation Plan(s) approved under condition 2.4 above.
2.6
The Permit Holder shall, at least one month before the commencement of
the operation of the Project, deposit with the Director four hard copies and
one electronic copy of the As-Built Drawing(s) of the Project, which shall be
certified by the ET Leader and verified by the IEC as conforming to the
recommendations of the Landscape and Visual Mitigation Plan(s) approved under
condition 2.4 above. The landscape
and visual mitigation measures shall be properly maintained during operation of
the Project.
Measures for Mitigating Odour Impact during Operation
of the Project
2.7
All refuse collection vehicles shall be emptied of refuse prior to
entering the Project.
2.8
To mitigate operational odour impact arising from the vehicle washing
bays and the maintenance workshops of the Project:-
(a)
the washing bays and maintenance workshops shall be enclosed in 3 sides
and served with mechanical ventilations to maintain with proper negative air
pressure at all times during the washing bays and maintenance workshops
operation; and
(b)
a deodorisation system, with an odour removal efficiency of at least
85%, shall be installed, operated and properly maintained at the ventilation system
prior to discharging any vented air outside the Project.
Measures
for Mitigating Noise Impact during Operation of the
Project
2.9
To mitigate operational noise impact from the repair activities from
the vehicles, the following measures shall be implemented:
(a)
all
vehicle repair activities shall be limited to 0700 to 1900 hours only; and
(b)
all
vehicle repair activities shall be carried out within the covered area of the
transport workshop section on ground floor of the Project as shown in Figure 2.
2.10
To minimise off-site traffic noise impact arising from the operation of
the Project, all vehicles coming in or out of the Project shall use the
in-bound and out-bound traffic routing as shown in Figure 3.
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 change to the EM&A
requirements or programme shall be justified by the ET Leader and verified by
the IEC as conforming to the relevant 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 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 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.
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 the commencement of
construction of the Project. The
submissions shall be certified by the ET Leader and verified by the IEC as
complied with the requirements as set out in the EM&A Manual before
submission to the Director.
Additional copies of the submission shall be provided upon request by
the Director.
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
throughout the entire construction period. The monthly EM&A Reports shall
include a summary of all non-compliance. The submissions 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 EM&A
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 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 Condition 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: Recommended Tree Species for Tree
Compensation on Ground Floor*
|
Tree Species suitable for Ground
Floor Planting |
|
|
Ailanthus fordii
(Ailanthus) |
Melaleuca quinquenervia
(Paper-bark tree) |
|
Bauhinia purpurea ( |
Plumeria rubra (Red
Frangipani) |
|
tree) |
Terminalia mantaly ( |
|
Cassia surattensis
(Sunshine Tree) |
|
|
Grevillea robusta (Silky
Oak) |
|
Table 2: Recommended Tree Species for Tree
Compensation on Roof Garden*
|
Tree/Large Shrub Species
suitable for Green Roof Planting |
|
|
Cassia surattensis
(Sunshine Tree) |
Osmanthus fragrans (Sweet
Osmanthus) |
|
Lagerstroemia indica
(Crape-myrtle) |
Plumeria rubra (Red
Frangipani) |
*Based on Tree Assessment Schedule in EIA Report
Appendix 8-5
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.
本許可證共有3部，即A部
(許可證主要部分)；B部
(指定工程項目的說明) 及C部
(許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
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.
如違反本許可證的任何條件，署長或獲授權人員徵得環境局局長的同意後可勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
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.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在工程項目工地內展示的原有許可證。
4. A person who assumes
the responsibility for the whole or a part of the designated project(s) may, before
he assumes responsibility of the designated project(s), apply under Section 12
of the EIAO to the Director for a further environmental permit.
承擔工程項目整項或部分工程的責任的人，在承擔責任之前，可根據環評條例第12條的規定向署長申請新的環境許可證。
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.
根據環評條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程項目工地除下，不再展示。
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 1 of Schedule
2 of the EIAO without a valid environmental permit.
如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續進行工程項目之前，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2第1部所列明的指定工程項目，即屬犯罪。
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:
如任何人在違反本許可證的條件下建造或營辦工程項目，根據環評條例，即屬犯罪-
(i)
on a first conviction on
indictment to a fine of $2 million and to imprisonment for 6 months;
一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；
(ii)
on a second or subsequent
conviction on indictment to a fine of $5 million and to imprisonment for 2
years;
一經循公訴程序第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii)
on a first summary conviction to
a fine at level 6 and to imprisonment for 6 months;
一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；
(iv)
on a second or subsequent summary
conviction to a fine of $1 million and to imprisonment for 1 year; and
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據環評條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱環評條例及徵詢獨立法律意見。
Environmental
Permit No. EP-454/2013
環境許可證編號EP-454/2013
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