Environmental Permit No. EP- 494/2015

環境許可證編號No. EP- 494/2015

 

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

 

 

PART A (MAIN PERMIT)

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 WATER SUPPLIES 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 水務署 (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-494/2014

 

Documents in the Register:

登記冊上的文件：

 

(1) In-situ Reprovisioning of Sha Tin Water Treatment Works - South Works

-              Environmental Impact Assessment (EIA) Report

-              Environmental Monitoring and Audit (EM&A) Manual

-              Environmental Impact Assessment Executive Summary

 

(Register No.: AEIAR- 187/2015)

[Hereinafter referred to as the “EIA Report”]

 

沙田濾水廠原地重置工程-南廠

-              環境影響評估報告

-              環境監察及審核手冊

-              環境影響評估行政摘要

 

（登記冊編號：AEIAR- 187/2015）

〔下稱 “環評報告” 〕

 

 

 

(2) The Director’s letter of approval of the EIA Report dated 28 January 2015 (Reference: (24) in EP2/N1/E/51 Pt.2)

   署長於2015年1月28日發出批准環評報告的信件

         (檔案編號: (24) in EP2/N1/E/51 Pt. 2)

 

(3)  Application for Environmental Permit submitted by the Permit Holder on 7 October 2014 (Application No.: AEP-494/2014)

[Hereinafter referred to as the "Application"]

 

許可證持有人於 2014年 10月 7日提交的環境許可證申請

(申請書編號 ： AEP-494/2014)  [下稱 “申請書”] 

 

 

 

 

 

 

 

 

 

28 January 2015

2015年1月28日

 

 

Date

日期

 

(Maurice K.L. YEUNG)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任楊國良代行

 

 

 

 

 

 

PART B (DESCRIPTIONS 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

指定工程項目的名稱

In-situ Reprovisioning of Sha Tin Water Treatment Works - South Works  [This designated project is hereinafter referred to as "the Project"]
沙田濾水廠原地重置工程 - 南廠

[本指定工程項目下稱 "工程項目" ]

 

Nature of Designated Project
指定工程項目的性質

To reprovision the South Works of Sha Tin Water Treatment Works with a state-of-the-art treatment process to enable a more reliable water supply to the future demand of the territory.

重置沙田濾水廠的南廠並配置先進的濾水工藝，為將來的本地需求提供更可靠的食水供應。

 

Location of Designated Project

指定工程項目的地點

Existing Sha Tin Water Treatment Works.

The location of the Project is shown in Figure 1 attached to this Permit.

現有的沙田濾水廠。

工程項目的位置載於本許可證夾附的圖1。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

The Project mainly includes :

工程項目主要包括以下各項：

 

(i)            isolation and demolition of the existing facilities of the South Works in phases and common facilities for both the South Works and the North Works;

分階段分隔及拆除南廠的現有設備，以及南北廠的共用設備；

(ii)           construction of the new common facilities for both the South Works and the North Works;

建設南、北兩部分濾水廠的新共用設施；

(iii)         cut-back of the existing engineered slope located to the west of the existing clarifiers for Water Treatment Works Logistics Centre;

移後澄清池西側的現有人造斜坡，並平整地盤，以便興建濾水廠後勤中心；

 

(iv)         construction of new access roads;

興建一條新的通道；

(v)          reprovisioning of the South Works to the proposed output of 550,000 m3/day; and

重置濾水廠南廠部分，以達到預期的每日550,000立方米的設計最高產量；以及

(vi)         provision of all other associated civil, geotechnical, mechanical and electrical works.

進行所有其他相關土木工程、岩土工程和機電工程。

 

 

PART C (PERMIT CONDITIONS)

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 (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 and operation 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 descriptions 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 approved EIA Report (Register No.: AEIAR-187/2015), the application documents for environmental permit (Application No. AEP-494/2014), 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 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, 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 the Permit.

1.10  The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the 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, 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 Director shall be notified in writing the commencement dates of construction and operation of the Project no later than one month prior to the respective commencement of construction and operation of the Project.  The Director shall be notified 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

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 approved EIA Report (Register No.: AEIAR-187/2015) 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 approved EIA Report (Register No.: AEIAR-187/2015) 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 one month before the 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 approved EIA Report (Register No.: AEIAR-187/2015) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project.  In 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 Management Organizations

2.3   The Permit Holder shall, no later than one month 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 information, to be submitted, shall include at least an organization chart, names of responsible persons and their contact details.

Submission of Detailed Vegetation Survey Report

2.4       To minimize the potential impact to plant species of conservation important, including  Incense Tree (Aquilaria sinensis), Ailanthus (Ailanthus fordii), Hong Kong Eagle’s Claw (Artabotrys hongkongensis) and Lamb of Tartary (Cibotium barometz), due to the construction of the Project, the Permit Holder shall, no later than one month prior to the commencement of site clearance works on relevant parts of the Project, submit four hard copies and two electronic copy of Detailed Vegetation Survey Report to the Director for approval.  The Report shall include:

(i)            confirming and updating the number, location and health condition of the flora species of conversation important;

(ii)           preparing a plan illustrating the location of the affected individuals in accordance to the findings of the vegetation survey;

(iii)         identifying the suitable receptor sites within the compensatory woodland area or temporary nursery site;

(iv)         recommending an implementation programme and methodology of transplanting; and

(v)          recommending a post-transplantation monitoring and maintenance programme.

The Detailed Vegetation Survey Report shall be prepared by qualified ecologist(s), with at least 7 years of experience in vegetation survey and woodland monitoring, and 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-187/2015).  All recommended mitigation measures as set out in the approved Detailed Vegetation Survey Report shall be fully and properly implemented.  No site clearance works on relevant parts of the Project shall be allowed prior to the approval and implementation of the Detailed Vegetation Survey Report.

Submission of Woodland Compensation Plan

2.5              To compensate for the affected woodland habitat and to monitor the conditions of the compensatory habitat, the Permit Holder shall,

(i)             no later than one month prior to commencement of site clearance works, submit four hard copies and two electronic copy of a Woodland Compensation Plan to the Director for approval.  The Woodland Compensation Plan shall include :

                                            (a)     recommendation of the implementation details, management requirement and inspection arrangement of the woodland compensation area, with due consideration on the potential ecological invasion caused by invasive plant species;

                                           (b)     native tree species and size of trees to be selected for planting with justifications;

                                            (c)     size of the woodland compensation areas and planting spacing;

                                           (d)     schedule for tree planting; and

                                            (e)     a detailed at least 6 years post-planting monitoring and maintenance programme.  Parameters, including health condition, survival rate of plant, control of weedy plant, shall be monitored.

The Woodland Compensation Plan shall be prepared by qualified ecologist(s) appointed under Condition 2.4 above and 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-187/2015).  All recommended mitigation measures as set out in the approved Woodland Compensation Plan shall be fully and properly implemented.  No site clearance works on relevant parts of the Project shall be allowed prior to the approval of the Woodland Compensation Plan.

 

(ii)           no later than one month after completion of the at least 6 years post-planting monitoring and maintenance stipulated in Condition 2.5 (i)(e) above, deposit with the Director four hard copies and two electronic copy of the at least 6 years Post-planting Review Report.  The Report shall be prepared by qualified ecologist(s) required under Condition 2.4 to demonstrate that Condition 2.5 (i) has been fulfilled and to recommend the need for further monitoring with justification.  Before submission to the Director, the Report shall be certified by the ET Leader and verified by the IEC.

Submission of Landscape and Visual Plan

2.6       The Permit Holder shall, no later than one month before the commencement of corresponding parts of greening works of the Project, deposit with the Director four hard copies and four electronic copies of a Landscape and Visual Plan.  The Landscape and Visual Plan shall show the design details, confirmation of the feasibility for proposed planting, locations, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1,000 or other appropriate scale of the landscape and visual mitigation measures of the Project.  The landscape mitigation plan with drawings showing the landscape and visual mitigation measures of the Project shall include, but not limit to the following information :

(i)      summary of landscape mitigation proposal and demonstration of the proposal in conforming to the information and recommendations in the approved EIA Report (Register No. AEIAR-187/2015);

(ii)     locations of the landscape and visual mitigation measures as recommended in the approved EIA Report (Register No. AEIAR-187/2015);

(iii)          locations and summary of the size, number and plant species of trees to be retained;

(iv)         locations and summary of the size, number and plant species of trees to be transplanted and their final transplanting locations;

(v)           locations and summary of the size, number and plant species of trees to be felled; and

(vi)         locations and summary of the size, number and plant species of compensatory and woodland planting.

Before submission to the Director, the Landscape and Visual Plan shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information, requirements and recommendations contained in the approved EIA Report (Register No. AEIAR-187/2015).  All landscape and visual mitigation measures shall be properly implemented and maintained for the Project in accordance with the deposited Landscape and Visual Plan.  The Permit Holder shall make available additional copies to the Director upon his request.

Measures to mitigate Hazard Impacts for the Construction of the Project

2.7        To reduce the chlorine storage capacity of the Project, the Permit Holder shall, before the commencement of construction of the Project, remove 31 excess castors for storage of chlorine drum from the chlorine house with priority given to those situated immediately under the roof beam.  The maximum storage of chlorine of the Project during construction of the Project shall be kept at a maximum of 158 tonnes.

Measures to mitigate Ecological Impacts during Construction of the Project

2.8        Mitigation measures, including the use of quiet mechanical plant, erection of site hoarding, providing waste skips on-site for proper management and disposal of waste, and setting up proper drainage arrangements on-site to collect and control construction run-off, shall be implemented to avoid and minimize potential disturbance, water quality and ecological impacts so as to protect the habitat in the project areas including watercourses.

            Measures to mitigate Dust Impacts during Construction of the Project

2.9       On-site storage of excavated materials shall be covered by impervious sheeting or sprayed with water to keep the entire surface wet.

2.10     All vehicle loads transported to, from and between site locations shall be properly covered by impervious sheeting.

Measures to mitigate Hazard Impacts during Operation of the Project

2.11     The removal of 31 excess castors from the chlorine house for the reduction of maximum storage of chlorine of the Project from 221 tonnes to 190 tonnes, as required under Condition 2.7 above, shall be maintained during operation of the Project.

 

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 (Register No.: AEIAR-187/2015) of the Project.  Any changes 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 of the Project 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:-

(i)             conducting baseline environmental monitoring;

(ii)           conducting impact monitoring;

(iii)          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

(iv)         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        Three hard copies and two electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least two 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        Three hard copies and two electronic copy of monthly EM&A Report for the construction shall be submitted to the Director within two weeks after the end of each reporting month.  The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the approved EIA Report or this Permit.  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.  The ET Leader and IEC shall personally inspect the site within each reporting cycle prior to certification and verification of compliance of EM&A Reports.  Additional copies of the submission shall be provided upon request by the Director.

 

3.5       All EM&A data and results 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 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 3.3 and 3.4 above 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.

 

Notes :

1.   This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project) and Part C (Permit Conditions).  Any person relying on this permit should obtain independent legal advice on the legal implications under the 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 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-494/2015

環境許可證編號EP-494/2015


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