Environmental Permit No.
EP - 460/2013
環境許可證編號 EP - 460/2013
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 Nature Conservation and Infrastructure Planning
Division of Environmental Protection 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環境保護署自然保育及基建規劃科 (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-460/2013 |
|
Document in the Register 登記冊上文件 |
(1) Development of Organic Waste
Treatment Facilities, Phase 2 (Register No.: AEIAR-180/2013): [Hereinafter
referred to as the “EIA Report”] 發展第二期有機資源回收中心 (登記冊編號: AEIAR-180/2013) - 環境影響評估報告 - 環境監察審核手冊 - 環境影響評估行政摘要 [下稱「環評報告」] (2) The Director’s letter of approval of
the EIA report dated 3 December 2013 署長於2013年12月3日發出批准環評報告的信件 (檔案編號: (25)
in EP2/N7/G/70 ) (3) Application for an Environmental Permit
submitted by the Permit Holder on 30 July 2013 (Application
No.: AEP-460/2013) 許可證持有人於2013年7月30日提交的環境許可證申請 (申請書編號: AEP-460/2013) |
9 December 2013
2013年12月9日
|
Date 日期 |
|
(Maurice K.L. YEUNG) Principal
Environmental Protection Officer for Director of
Environmental Protection 環境保護署署長 (首席環境保護主任(評估及噪音) 楊國良代行) |
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 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 |
Development of Organic Waste Treatment Facilities, Phase 2 [This designated project is hereinafter referred to
as "the Project"] 發展第二期有機資源回收中心 |
|
Nature of Designated Project(s) 指定工程項目的性質 |
Waste Disposal Facility 廢物處置設施 |
|
Location of Designated Project(s) 指定工程項目的地點 |
Sha Ling, North
District 北區沙嶺 The location of this Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證夾附的圖1內。 |
|
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 biological
treatment facility with a capacity of about 300 tonnes per day at Sha Ling,
North District to convert source-separated organic waste into compost and
biogas. 工程項目為在北區沙嶺建造及營辦一所每天可以處理約300噸的有機資源回收中心，把已作源頭分類的有機廢物轉化為堆肥及生物氣。 |
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 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 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 EIA Report (Register No.: AEIAR-180/2013),
the application documents for environmental permit (Application No.: AEP-460/2013),
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/or 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 and operation of
the Project no later than two months prior to the respective commencement of construction and operation of the Project. The Permit Holder shall
notify the Director in writing immediately if there is any change of the
commencement dates of the construction and operation.
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.
Specific Conditions
Submission 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 two months 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 requirements as
contained in the EM&A Manual of the Project. The ET Leader shall keep
a contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the compliance with the recommendations of
the EIA Report (Register No.: AEIAR-180/2013) and this
permit. The ET Leader shall notify the IEC within one working day of the
occurrence of any such instance or circumstance or change of circumstances. The
ET Leader’s log-book shall be kept readily available for inspection by all
persons assisting in supervision of the implementation of the recommendations
of the EIA Report (Register No.: AEIAR-180/2013) and this
Permit or by the Director or his authorized officers. Failure to maintain
records in the log-book, failure to discharge the duties of the ET Leader as
defined in the EM&A Manual or failure to comply with this Condition would
entitle the Director to require the Permit Holder by notice in writing to
replace the ET Leader. Failure by the Permit Holder to make replacement, or further
failure to keep contemporaneous records in the log-book despite the employment
of a new ET Leader may render the Permit liable to suspension, cancellation or
variation.
2.2
An IEC shall be employed by the Permit Holder no later than two
months 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 of the Project 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-180/2013) 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.
Submission
of Vegetation Survey Report
2.3
The Permit Holder shall, at least one month before commencement of construction works, submit three hard copies and one electronic copy of Vegetation Survey
Report
to the Director for approval. The Vegetation Survey Report shall
provide the
findings and recommendations of the detailed vegetation survey conducted within the Project Area. The survey shall
include the following:
(a)
confirmation and
updating the number, locations and condition of the
Aquilaria
sinensis identified in the EIA Report (Register No.: AEIAR-180/2013) and
any other floral species of
conservation interest;
(b)
propose protective measures on individuals
of any floral species of conservation interest identified in
the detailed vegetation survey likely to be affected by the Project.
Before submission to the Director, all reports shall be certified
by the ET Leader and verified by the IEC as conforming to the information and recommendations
contained in the approved EIA Report (Register No. AEIAR-180/2013).
Submissions and/or Measures to be
Implemented During Construction of the Project
Measures for Mitigating Ecological Impact during Construction of
the Project
2.4
Temporary protective fence shall be erected along
plantation areas where trees and vegetation, including those of conservation
concern identified under the detailed vegetation survey in Condition 2.3 of this Permit,
would be retained within the Project Area.
Measures for Mitigating Fire Hazard during Construction of the
Project
2.5
A 10m high boundary wall shall be constructed in the vicinity of
the digester tanks, gasholders and gas purification equipment as shown in Figure 2 of this Permit.
2.6
Fixed crush barriers shall be constructed at the areas where
process equipment is adjacent to the internal roadway as shown in Figure 2 of this Permit.
2.7
An External Water Spray System (EWSS) shall be installed in areas
around the gasholders, gas purification, desulphurization units and digesters.
The facilities shall also be equipped with fire and gas detection system and
fire suppression system.
Submissions and/or Measures to be
Implemented During Operation of the Project
Measures for Mitigating Odour Impact during Operation of the
Project
2.8
The process treatment housings (including the
reception, preparation and pre-treatment areas, the mixing tank and the
composting plant) shall
be operated under negative pressure. Air from these areas shall be extracted and treated by an odour
treatment unit with a minimum odour removal efficiency of 90% prior to venting
through the flue stack.
3.
Environmental Monitoring
and Audit (EM&A) 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 the Event/Action Plans of the
EM&A Manual in accordance with the time frames set out in the Event/Action
Plans, or as agreed by the Director, in case where specified criteria in the
EM&A Manual are exceeded; and
(d) logging and keeping records of details of 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 2 weeks after
the end of each reporting month throughout the entire construction period. The 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 the
submission shall be provided to the Director 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/or 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.
(a) providing access to all environmental monitoring data collected since
the commencement of construction and all submissions under this permit;
(b) searching by date;
(c) searching by types of monitoring data; and
(d) hyperlinks to relevant monitoring data after searching.
or otherwise as agreed by the Director.
Notes:
註:
1.
This Permit consists of three parts,
namely, Part A (Main Permit), Part B (Description of Designated Project(s))
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 I 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I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。
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