Environmental Permit No. EP-503/2015
環境許可證編號 EP-503/2015
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
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental
Impact Assessment Ordinance (the Ordinance), the Director of Environmental
Protection (the Director) grants this environmental permit to the Water Supplies Department (hereinafter
referred 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(本條例)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。本環境許可證依據下列文件、批准或許可而簽發﹕
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Application No. 申請書編號 |
AEP-503/2015 |
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Document in the Register: 登記冊上的文件： |
1. Desalination Plant at Tseung Kwan O – Feasibility Study (Register No. AEIAR-192/2015) : -
Environmental
Impact Assessment (EIA) Report (July 2015) [Hereafter referred to as "EIA Report"] -
Environmental
Monitoring and Audit (EM&A) Manual (July 2015) [Hereafter referred to as "EM&A
Manual”] -
Executive
Summary (July 2015) 1.
將 軍 澳 海 水 化 淡 廠 (登記冊檔號：AEIAR-192/2015): -
境影響評估報告 (2015年7月) [下稱“環評報告”] -
環境監察審核手冊 (2015年7月) [下稱“環監手冊”] -
行政摘要(2015年7月) |
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2. The Director’s letter of approval of the EIA Report dated
4 November 2015 (Reference : (31) in EP 2/N8/E/120 Pt.2) 2. 署長於2015年11月4日發出批准環評報告的信件(檔案編號: (31) in EP 2/N8/E/120
Pt.2)) 3.
Application for environmental permit submitted by the Permit Holder on 11 November 2015 (Application No. AEP-503/2015) [Hereinafter referred to as the
"Application"] 3.
許可證持有人於2015年11月11日 提交的環境許可證申請文件 (申請書編號: AEP-503/2015) [下 稱 「 申 請 書 」] |
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4 December 2015 |
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Date 日期 |
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(Louis P. L.
CHAN) Principal
Environmental Protection Officer for
Director of Environmental Protection 環境保護署署長 (首席環境保護主任陳檳林代行) |
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:
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Title
of Designated Project 指定工程項目的名稱 |
Desalination Plant at Tseung
Kwan O [This designated project is hereinafter referred to as
"the Project".] 將
軍 澳 海 水 化 淡 廠 [本指定工程項目下稱"工程項目" ] |
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Nature of Designated Project |
The Project covers the following Designated
Project elements under Part I, Schedule 2 of the EIAO : -
Water
treatment works with a capacity of more than 100,000 m3 per day (Item E.2 of Part 1 of Schedule 2 of the EIAO); -
A
dangerous goods godown
with a storage capacity exceeding 500 tonnes (Item K.13 of Part 1 of Schedule 2 of the EIAO); and -
Earthworks
partly in an existing country park (Item Q.1 of Part 1 of Schedule 2 of the EIAO) 根據環評條例附表2第1部，本工程項目包含了下列屬於指定工程項目的元素： -
濾水能力超過每天100,000立方米的濾水廠 (「環評條例」附表2第1部E.2項)； -
儲存量超過500公噸的危險品倉庫 (「環評條例」附表2第1部K.13項)；和 -
部份位於現有的郊野公園內的土木工程 (「環評條例」附表2第1部Q.1項) |
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Location
of Designated Project 指定工程項目的地點 |
Tseung Kwan O (TKO) Area 137 將 軍 澳 137區 The location and the layout plan of
the Project are shown in Figure 1 and Figure 2 attached to this Permit
respectively. |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The scope of the Project
includes the following key components/works:- (i)
a desalination plant in TKO Area 137 with a water production capacity of
135Mld expandable to an ultimate water production capacity up to 270Mld; (ii)
a dedicated trunk feed system including about 9km long water mains for the transfer of fresh water output from the desalination plant to
the existing Tseung Kwan O Fresh Water Primary
Service Reservoir in Po Lam. (iii)
natural slope mitigation works within the
Clear Water Bay Country Park, which overlooks the northeast boundary of the
desalination plant at TKO Area 137; and (iv)
all the associated civil, structural, geotechnical, landscaping,
electrical and mechanical works. 工程項目的範圍包括以下的主要部份/工程 :
(i)
在將軍澳137區的一間每日食水產量達13.5萬立方米，並可在未來擴建至每日食水產量達27萬立方米的海水化淡廠； (ii)
一條長約9公里的專用輸水幹管系統，以便把海水化淡廠所生產的淡水輸送至現有的將軍澳食水主配水庫； (iii)
在接鄰將軍澳137區海水化淡廠位置東北面邊界的清水灣郊野公園內進行天然斜坡鞏固工程；及 (iv)
所有相關的土木工程、結構工程、土力工程、景觀美化工程和機電工程。 |
1. General
Conditions
1.1 The Permit Holder and any person working on
the Project shall comply with all conditions set out in this Permit. Any
non-compliance by any person may constitute a contravention of the
Environmental Impact Assessment Ordinance (Cap. 499) and may become the subject
of appropriate action being taken under the Ordinance.
1.2 The Permit
Holder shall ensure full compliance with all legislation from time to time in
force including, without limitation to, the Noise Control Ordinance (Cap. 400),
Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance
(Cap. 358), Dumping at Sea Ordinance (Cap. 466) 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 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 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 location 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-192/2015); the
application documents for Environmental Permit (Application No. AEP-503/2015); other relevant documents in the Register; and 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 ongoing 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 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 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 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 investigation,
site clearance and
preparation, or other works as agreed by the Director.
2. Specific Conditions
Submissions
to be Made or Measures to be Implemented before
Construction of the Project
Employment of Environmental Team
2.1 An Environmental Team (ET) shall be
established by the Permit Holder as soon as any works stipulated in this Permit
requiring their participation is required and in any case no later than 1 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 Leader shall be working full time
on-site during construction
for the slope mitigation works as shown in Figure
3 and the submarine
intake/outfall facilities as shown in Figure
4 of the Project. 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 and its update as
approved under Condition 3.1
of this Permit. 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-192/2015) 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-192/2015)
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.
Employment
of IEC
2.2 An IEC
shall be employed by the Permit Holder as soon as any works stipulated in this Permit
requiring their participation and in any case no later than 1
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 working full time on-site during construction for the slope mitigation works as shown in Figure 3 and the submarine
intake/outfall facilities as shown in Figure
4 of the Project. The IEC shall be responsible
for duties defined in the EM&A Manual and its update as approved
under Condition 3.1 of this Permit, 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 change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-192/2015) 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.
Employment of Qualified Ecologist for Updated Vegetation Survey
2.3 The Permit
Holder shall appoint a Qualified Ecologist who has at least 5 years
of relevant experience to
be responsible for carrying out the updated vegetation survey for slope mitigation works and preparing
submission for the Project as required under Condition 2.7.
Employment of Fisheries Specialist for Updated Fisheries Survey
2.4 The Permit Holder shall appoint a Fisheries Specialist who has at least 5 years of relevant experience to be responsible for carrying out the updated fisheries survey and preparing submission
for the Project as required under Condition 2.9.
Management
Organization of Main Construction Companies
2.5 The Permit
Holder shall, no later than 1 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 submitted information shall include
at least an organization chart, names of responsible persons and their contact
details.
Submission
of Construction Programme and Environmental Permit
(EP) Submission Schedule
2.6 The Permit
Holder shall, no later than 1 month before the commencement of
construction of the Project, submit 4 hard copies and one
electronic copy of the construction programme showing
the commencement and completion dates of major items of construction works to the
Director for record; together with the anticipated schedule of
submissions for fulfilling the submission requirements as contained in this
Permit. The Permit Holder shall
inform the Director accordingly in writing in case of any subsequent changes of
items contained in this submitted construction programme
and EP Submission Schedule.
Submission
of Updated Vegetation Survey Report for Slope Mitigation Works
2.7 To reduce ecological impact on plant species of conservation importance,
including but not limited to Marsdenia lachnostoma, due to the slope mitigation works of the
Project as shown in Figure 3, the Permit Holder
shall, no later than 3 months before the commencement of site clearance works for the slope mitigation works, submit 4 hardcopies and 1 electronic copy of the
Updated Vegetation Survey Report to the
Director for approval. The Report shall include :-
(i)
details of updated vegetation
survey including the survey methodology, duration and schedule;
(ii)
findings
of the updated vegetation survey, particularly on species, numbers and locations
of the plant species of conservation importance including but not limited to Marsdenia lachnostoma, identified
within the works area of slope mitigation works;
(iii)
recommended
protection and mitigation measures for the plant species of conservation
importance as identified in the updated vegetation survey; and
(iv)
if transplantation is eventually proposed for
the plant species of conservation importance, the transplantation proposal
shall include the locations of reception sites for transplanted plants,
methodology of transplantation and detailed schedule for post-transplantation
monitoring and maintenance requirements.
The Updated Vegetation Survey Report shall be
prepared by the Qualified Ecologist as appointed under Condition 2.3 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-192/2015). All recommended mitigation
measures as set out in the approved Vegetation Survey Report shall be fully and
properly implemented. No site clearance works for the slope mitigation works of
the Project shall be allowed prior to the approval of the Vegetation Survey
Report, as well as completion of any protection/mitigation works or
transplantation as proposed in (iii) and (iv) above.
The
Permit Holder shall consult the Director of Agriculture, Fisheries and
Conservation in preparing the Updated Vegetation Survey Report prior to the
submission to the Director for approval.
Submission of Detailed Design
Plan for Slope Mitigation Works
2.8 To reduce ecological impact on the Clear Water Bay Country Park due to
the slope mitigation works of the Project as shown in Figure 3, the Permit Holder shall, no later than 3 months before the commencement of site clearance works for the
slope mitigation works of the Project, submit 4 hardcopies and 1 electronic copy of the detailed Design
Plan for Slope Mitigation Works
to the Director for approval. The Detailed Design Plan
shall be prepared in
accordance with the conceptual plan contained in Figure 9.1 of the EIA Report (Register No. AEIAR-192/2015) and with reference to the guidelines and standards adopted by the Civil
Engineering and Development Department. The Plan shall include
: -
(i)
details on the design of the proposed flexible
barriers, soil nailing and rock stabilization for slope mitigation works;
(ii)
landscape and visual mitigation measures for slope
mitigation works; and
(iii)
recommended protection and mitigation measures to avoid felling
of existing trees, to minimize ecological impact on plant species of
conservation importance, including but not limited to Marsdenia lachnostoma within the country park.
Before submission to
the Director, the Detailed Design Plan shall
be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report (Register No. AEIAR-192/2015). All recommended mitigation measures as set out in the
approved Detailed Design Plan shall be fully and properly implemented.
The
Permit Holder shall consult the Director of Agriculture, Fisheries and
Conservation in preparing the Detailed Design Plan prior to the submission to
the Director for approval.
Submission
of Updated Fisheries Survey Report
2.9 The Permit
Holder shall, no later than 12 months before the commencement of marine works
of the Project as shown in Figure 4,
submit 4 hardcopies and 1 electronic copy of the Updated Fisheries Survey
Report to the Director for approval.
The Report shall include
(i)
details of the updated fisheries survey on the survey
methodology, duration and timing;
(ii)
findings of the updated fisheries survey on presence
of any fish spawning and nursery ground in the vicinity of the planned locations
and alignment of the seawater intake and submarine outfall; and
(iii)
recommendation on the need of fine-tuning
the detailed design of the locations and alignment of the seawater intake and
submarine outfall facilities.
The
Updated Fisheries Survey Report shall be prepared by the Fisheries Specialist as
appointed under Condition 2.4 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-192/2015). All recommended mitigation measures as
set out in the approved Fisheries Survey Report shall be fully and properly
implemented. No marine works of the Project shall be allowed prior to the
approval of the Report.
The
Permit Holder shall consult the Director of Agriculture, Fisheries and
Conservation on the details of fisheries survey before commencement of the survey and in preparing the Updated Fisheries
Survey Report prior to the submission to the Director for approval.
.
Submission
of Silt Curtain Deployment Plan
2.10 The Permit Holder
shall, no later than 3 months before the commencement of marine works involving
deployment of silt curtains of the Project, submit 3 hard copies and 1
electronic copy of the Silt Curtain Deployment Plan to the Director for record. The Plan shall include the construction programme and details on the design, operation and
maintenance of silt curtain(s) to be deployed during the construction.
Before
submission to the Director, the Silt Curtain Deployment Plan shall be certified
by the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report (Register No. AEIAR-192/2015).
All measures recommended in the Silt Curtain Deployment Plan shall be fully and
properly implemented for the Project.
Submission of Landscape and Visual Mitigation Proposal for Desalination
Plant
2.11 The Permit Holder shall, no later than 1 month before the commencement of construction of the desalination
plant of the Project, submit 6 hard copies and 1 electronic copy of the landscape and visual mitigation
proposal to the Director for
approval. The proposal, with drawings in the scale of 1:1000 or
other appropriate scales as agreed by the Director, shall show the landscape and visual mitigation measures of the Project, and shall include
at least the following information:
(i)
aesthetic
landscape and architectural treatment for above ground structures;
(ii)
tree felling and
preservation proposal showing quantity, plant species, location(s) and size of
trees to be retained/transplanted/felled/compensated, and location(s) of transplanted
trees;
(iii)
Landscape Plan showing location(s) of greening
works including green roofs, roadside planting, vertical greening, screen
planting, amenity planting, edge treatment along boundary and any other
landscape enhancement to mitigate landscape impact of the Project.
Before
submission to the Director, the Landscape and Visual Mitigation Proposal shall
be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report (Register No. AEIAR-192/2015). All measures recommended in the approved Proposal
shall be fully and properly implemented and maintained for the Project.
Submission of Detailed
Design Plan for Chlorine and Carbon Dioxide Storage Tanks of Desalination Plant
2.12 The
Permit Holder shall, no later than 3 months before the commencement of construction
of the desalination plant of the Project, submit 4 hard copies and 1 electronic
copy of the Detailed Design Plan for storage tanks of chlorine and carbon dioxide
to the Director for approval. The Plan shall show the design requirements/measures
as shown in Table 1 of this Permit unless otherwise approved by the Director.
Before
submission to the Director, the Detailed
Design Plan shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the EIA Report
(Register No. AEIAR-192/2015). All
design requirements/measures recommended in the approved Detailed Design Plan
shall be fully and properly implemented for the Project.
Submissions to be Made or Measures to be Implemented during Construction of the Project
Measures for
Mitigating Water Quality Impact from Dredging Works
2.13 To minimize water quality impact due to the construction of
submarine facilities of the Project, except for those sections of submarine
intake and outfall structures as shown in Figure 4 of this Permit where
dredging shall be required, trenchless method by use of micro-tunnelling or horizontal directional drilling method for
construction of submarine intake and outfall facilities shall be used.
2.14 The
dredging works for the submarine intake and outfall structures as shown in Figure 4 of this Permit shall not be
carried out concurrently.
2.15 Closed
grab dredger shall be employed for dredging. The dredging rate of the dredging works for
the submarine intake structure as shown in Figure 4 shall not exceed 750 m3 per day and 62 m3per hour. The dredging
rate of the dredging works for the submarine outfall structure as shown in Figure 4 shall not exceed 3,500 m3
per day and 291 m3 per hour. Other than closed grab dredger, the use
of other type(s) of dredger and the dredging rate shall be approved in writing
by the Director before use.
2.16 Silt curtains surrounding the closed grab dredger and the dredging area shall
be deployed during dredging in accordance with the Silt Curtain Deployment Plan
submitted under Condition 2.10.
Submission for Land
Contamination
Assessment
2.17 Land contamination assessment for the temporary explosive
magazine site as
shown in Figure 5 of this Permit shall be
carried out when the site is available for access. The Permit Holder shall,
(i)
no later than 1 month before the commencement
of the land contamination site investigation, submit 3 hard copies and 1 electronic copy of
Contamination Assessment Plan (CAP) to the Director for approval. The CAP shall include proposal with
details of representative sampling and analysis required to determine the
nature and extent of contamination;
(ii)
no later than 1 month after the completion of
the land contamination site investigation works,
submit 3 hard
copies and 1 electronic copy of Contamination Assessment Report (CAR) to the Director for record which
documents the land contamination
assessment findings. If land contamination is confirmed, the Permit Holder
shall also submit to the Director for approval 3 hard copies and 1electronic copy of Remedial
Action Plan (RAP) to formulate necessary remedial measures.
Before submission to the
Director, the CAP, CAR and RAP 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-192/2015).
Measures
for Mitigating Land Contamination and Submission of Remediation Works Report
2.18 If land
contamination is confirmed, all remedial measures described in the RAP approved
under Condition 2.17 of this Permit shall be fully
implemented.
2.19 If remediation is
required, the Permit Holder shall submit 3 hard copies
and 1 electronic copy of the
Remediation
Report (RR) to the Director for record, no later than 1 month after the completion of the remediation works. The RR shall provide details on the remediation works carried out, types
and volume of contaminated soil, standards and levels of treatment, and
locations of all on-site and off-site disposal sites (including record of
disposal). The RR shall be
certified by the ET Leader and verified by the IEC to demonstrate that
Condition 2.18 is fulfilled. No construction works at
the temporary explosive magazine site shall be carried out prior
to the completion of the remediation works.
Submissions to be Made or Measures to be Implemented before and during Operation of the Project
Measures for
Mitigating Hazard to Life
2.20 The
Permit Holder shall, no later than 3 months before the commencement of
operation of the Project, submit 4 hard copies and 1 electronic copy of an
audit report to the Director for record to certifying the implementation of design
requirements / measures recommended in the Detailed Design Plan approved under
Condition 2.12 of this Permit.
Before
submission to the Director, the audit report shall be certified by the ET
Leader and verified by the IEC as conforming to the recommendations contained
in the Detailed Design Plan approved under Condition 2.12.
2.21 The
maximum storage quantity for chlorine of the Project shall be limited to no
more than 37 tonnes during operation.
2.22 The
maximum storage quantity and storage tank capacity for carbon dioxide shall be
limited to no more than 16 number of tanks and 100 tonnes per tank respectively during operation.
Submissions of As-Built
Drawings of Measures for Mitigating Landscape and Visual Impacts
2.23 The Permit Holder shall, no later than 1 month
before the commencement of operation of the Project, submit 4 hard copies and 1
electronic copy of as-built drawing(s) on landscape and visual mitigation
measures to the Director for record.
The as-built drawings shall be accompanied with explanatory statement showing
the final locations, size, number and species of planting to demonstrate
compliance with the approved submissions under Condition 2.11. This as-built submission shall be
certified by the ET Leader and verified by the IEC that the landscape and
visual mitigation proposal approved under Condition 2.11 has been fully and
properly implemented.
3. Environmental
Monitoring and Audit (EM&A) Requirements for the Construction and Operation of the Project
3.1 The
Permit Holder shall, no later than 6 months before the
commencement of operation of the Project, submit 5 hard copies and 1 electronic copy of an updated EM&A Manual for the operational phase
of the Project to the Director for approval. The updated EM&A Manual shall
include at least the following information :-
(i)
details of EM&A programme on corals identified in
the vicinity of the submarine outfall area to ensure that the health status of
the corals is kept in good condition during operation of the
Project;
(ii)
details of EM&A programme
on fisheries
in the vicinity of the seawater intake and submarine outfall areas to ensure no
significant impacts on fisheries resources during operation of the Project;
(iii)
mechanisms to propose and
implement mitigation measure(s), if necessary, to rectify
the
problems in case of identifying any adverse ecological impacts on corals or
fisheries resources.
Before submission to the Director, the updated EM&A Manual shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report (Register No. AEIAR-192/2015).
3.2 The
EM&A programme shall be implemented in accordance with the procedures and
requirements in the EM&A Manual and the updated EM&A Manual approved
under Condition 3.1 of this Permit. The Permit Holder shall review the EM&A
requirements or programme based on the submitted construction programme
required under Condition 2.6. Any changes to the EM&A
requirements or programme and termination of the EM&A programme shall be
supported with justifications by the ET leader and verified by the IEC as
conforming to the requirements set out in the EM&A Manual and the updated
EM&A Manual approved under Condition 3.1 of this Permit,
and prior approval from the Director shall be sought before their
implementation.
3.3 Samples,
measurements and necessary remedial actions shall be taken in accordance with
the requirements of the EM&A
Manual and updated 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 and updated EM&A Manual in accordance with the time
frame set out in the Event/Action Plans, or as agreed by the Director, in case
where specified criteria in the EM&A
Manual and updated EM&A Manual are exceeded; and
(iv)
logging and keeping
records of the details of (i) to (iii) above for all
parameters within 3 working days of the collection of data or completion of
remedial action(s), for the purpose of preparing and submitting the monthly
EM&A Reports and to make available the information for inspection on site.
3.4 4
hard copies and 1 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
for record. The submission shall be certified by the ET Leader and verified by the
IEC. Additional copies of the submission shall be provided upon request by the
Director.
3.5 4
hard copies and 1electronic copy of monthly EM&A Report
shall be submitted to the Director within 2 weeks after the end of the
reporting month for record. The EM&A Reports shall
include a summary of all non-compliance (exceedances) of the environmental
quality performance limits (Action and Limit Levels). The submissions shall be
certified by the ET Leader and verified by the IEC as complying with the
requirements set out in the EM&A Manual and updated EM&A Manual. Additional copies of the
submission shall be provided to the Director upon request by the Director.
3.6 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 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) and in Portable Document Format,
unless otherwise agreed by the Director and shall be submitted at the same time
as the hard copies as described in Condition 3.4 and 3.5 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.
4.2 The Permit Holder shall set up a dedicated website and notify the Director in
writing the internet address where the environmental monitoring data and
project information is to be placed within 1 month after the commencement of
construction of the Project. All environmental
monitoring data described in Condition 4.1 of this Permit and all submissions
required by this Permit shall be made available to
the public via this dedicated website to be set up by the Permit Holder in the
shortest time practicable, and in no event later than 2 weeks after the
relevant environmental monitoring data are collected or become available,
unless otherwise agreed by the Director. The Permit Holder shall maintain the dedicated website for
public access of the environmental monitoring data and reports throughout the
entire construction period and during the first 3-year period of operation of
the Project, or otherwise as agreed by the Director.
4.3 The internet website as described in
Condition 4.2 of this Permit shall enable user-friendly public access to the
environmental monitoring data and project information including the approved EIA
Report (Register No. AEIAR-192/2015), the environmental permit(s) and
Project Profile of the Project. The internet website shall have features
capable of:
(i)
providing
access to all environmental monitoring data of this Project collected since the
commencement of construction;
(ii)
providing
access to all finalized submissions as required under this Permit;
(iii)
searching
by date;
(iv)
searching
by types of monitoring data (water quality, noise and air quality); and
(v)
hyperlinking
to relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes :
1. This Permit consists of three parts, namely, PART A (Main Permit), PART B (Descriptions 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 site.
6. If this Permit is cancelled or surrendered during construction
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-503/2015
環境許可證編號EP-503/2015
| Figure
1 |
[ Back to First Page ] / [ Back to Main Index ]
Table 1 - List of design requirements / measures for chlorine and carbon
dioxide storage (to be read in conjunction with Condition 2.12 of this Permit) (Extracted
from Annex 13L of the EIA Report (Register No. AEIAR-192/2015))
|
No. |
Types of
storage |
Design
requirements/measures |
|
1. |
Chlorine store |
|
|
1.1 |
Chlorine storage quantity in the chlorine
store |
No more than 37 tonnes in 1-tonne drums |
|
1.2 |
Volume of chlorine store |
Larger than 4200 m3 |
|
1.3 |
Design and
layout of chlorine store |
The chlorine store shall be
designed in a way such that the average number of drums ruptured in the worst
case scenario during earthquake should be no more than 6. |
|
1.4 |
Separation distance between the chlorine store and explosive trucks / TKO
Area 137 Pier |
The
setback distance between the chlorine building and explosive trucks / TKO
Area 137 Pier shall provide sufficient clearance **(see remarks below) so that the
overpressure resulting from explosion of explosive trucks or the explosives
offloading operation that reaches the chlorine building is less than 2 psi. |
|
1.5 |
Separation distance between the chlorine store and any one of the
site boundary (except for
the site boundary adjacent to the Clear Water Bay Country Park) |
More than 100m |
|
2 |
Carbon dioxide
store |
|
|
2.1 |
Maximum number of carbon dioxide storage tank |
16 units |
|
2.2 |
Type of storage tank |
Vacuum insulated, double containment |
|
2.3 |
Storage tank
capacity |
No more than 100 tonnes per tank |
|
2.4 |
Pressure relief system of carbon dioxide
storage tank |
1. Pressure protection
for the inner vessel shall be provided by 2 sets (1 duty and 1 stand-by) of pressure protection
devices. Each set of pressure protection device will be composed of 2
independent pressure relief valves. The pressure relief valves system will be
designed to avoid the common mode failure such that the risk of common mode
failure is negligible. 2. The pressure protection device on the outer vessel shall be a plate relief device. The plate
relief device will be a standard installation in accordance with industrial
standards (EN 13458 Part 2 Annex 1). |
|
2.5 |
Pressure relief system of carbon dioxide
road tanker |
Pressure
protection for the inner vessel shall be provided by 2 sets (1 duty and 1 stand-by) of
pressure protection devices. Each set of pressure protection device shall be composed of 2 independent pressure
relief valves. The pressure relief valves system shall be designed to avoid the common mode
failure such that the risk of common mode failure is negligible. |
|
2.6 |
Separation distance between the carbon dioxide storage area and explosive
trucks / TKO Area 137 Pier |
The
setback distance between the carbon
dioxide storage area and explosive trucks / TKO Area 137 Pier shall provide
sufficient clearance**(see
remarks below) so that the overpressure resulting from
explosion of explosive trucks or the explosives offloading operation that
reaches the carbon dioxide storage area is less than 2 psi. |
|
2.7 |
Separation
distance between the carbon dioxide
storage area and any one of the site
boundary (except for the site boundary adjacent to the
Clear Water Bay Country Park) |
More than 100m |
|
2.8 |
Other safety features of carbon dioxide
storage tanks and the facilities |
1. Trycock for overfilling alarm and warning shall be provided on carbon dioxide storage
tanks. 2. High
level alarm shall be provided to
operating staff at control room for liquid level monitoring and warning. 3. Fencing
shall
be provided surrounding the
carbon dioxide facilities. |
Remarks
** Calculations and supporting information shall be
provided under the submission as required under Condition 2.12 to demonstrate
that the overpressure resulting from explosion of explosive trucks or the
explosives offloading operation that reaches the chlorine and carbon dioxide
storage area is less than 2 psi.