Further Environmental Permit No.FEP-03/039/2001
新 的 環 境 許 可 證 編 號 FEP-03/039/2001

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 12

環 境 影 響 評 估 條 例
( 第 499章 )
第 10 及 第 12 條

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT A PART OF THE DESIGNATED PROJECT

就 建 造 指 定 工 程 項 目 其 中 部 分 而 發 出 新 的 環 境 許 可 證

PART A (MAIN PERMIT)
A部 ( 許 可 證 主 要 部 分 )

Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this Further Environmental Permit to Gammon Construction Limited (the "Permit Holder") to construct a part of the designated project described in Part B subject to the conditions described in or attached to Part C. The issue of this Further Environmental Permit is based on the documents, approvals or permissions described below:

根 據 環 境 影 響 評 估 條 例 第 10及 第 12條 的 規 定 ， 環 境 保 護 署 署 長 (署 長 )將 本 新 的 環 境 許 可 證 批 予 Gammon Construction Limited (許 可 證 持 有 人 )以 建 造 B部 所 說 明 的 指 定 工 程 項 目 其 中 部 分 ， 但 須 遵 守 C部 所 說 明 或 附 載 的 條 件 。 本 新 的 環 境 許 可 證 的 發 出 ， 乃 以 下 表 所 列 的 文 件 、 批 准 或 許 可 作 為 根 據 ：

PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 ( 指 定 工 程 項 目 的 說 明 )

Hereunder is the description of the part of the designated project mentioned in Part A of this further environmental permit :

下 列 為 本 新 的 環 境 許 可 證 A部 所 提 述 的 指 定 工 程 項 目 本 部 分 的 說 明 :

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this Further Environmental Permit. Any non-compliance with this permit may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or permit cancellation where applicable.

1.2 The Permit Holder shall ensure full compliance with all legislation currently in force such as the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and others. This permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation.

1.3 The Permit Holder shall make copies of this permit together with all documents referred to in this permit or the documents referred to in Part A of the permit readily available at all times for inspection by the Director 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 by the Permit.

1.5 The Permit Holder shall display a copy of this permit on the construction site at the 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 environmental 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.

1.6 The Project shall be constructed as described in Part B of this permit.

1.7 Unless otherwise specified by Condition 1.8 or 1.9, the Project shall be designed and constructed in accordance with the information and all recommended mitigation measures in the EIA Report (Register No. AEIAR-028/1999), or mitigation measures to be submitted or deposited with the Director as a result of the permit conditions or on going surveillance and monitoring measures during all stages of the Project referred to, by incorporation or otherwise, in the permit and documents in the Register. 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 The depot at Tai Wai shall be semi-enclosed with openings only directly facing the East Rail, and the depot shall be designed and constructed in accordance with other textural information and recommendations in the Application VEP-012/2000.

1.9 The noise mitigation measures for the overrun section, next to and south of the depot at Tai Wai, shall be in accordance with Figures 3.2b, 3.2f, 3.2g and the information and recommendations in the Application VEP-012/2000.

1.10 This Permit shall not remove the responsibility of any person to comply with the conditions set out in Part C of the Environmental Permit No. VEP-031/2000/B/EP-039 or where applicable any subsequent environmental permit amended by the Director under the Environmental Impact Assessment Ordinance (EIAO).

1.11 The requirements of the Independent Environmental Checker (IEC), as required under this Permit, are described in Condition 2.2 of the Environmental Permit No. VEP-031/2000/B/EP-039 or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the Environmental Impact Assessment Ordinance.

1.12 All deposited submissions as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director's comments, unless otherwise specified by the Director.

1.13 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).

1.14 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.

1.15 The Permit Holder shall notify the Director the commencement date of construction of the Project at least 2 weeks prior to the commencement of construction of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the construction.

2. Submissions or Measures before Commencement of Construction of the Project or Certain Sections of the Project

2.1 An Environmental Team (ET) shall be established before commencement of construction. The ET leader shall be responsible for the implementation of the environmental monitoring and audit (EM&A) programme in accordance with the EM&A requirements as contained in the approved EM&A Manual as submitted under Condition 2.3 of the Environmental Permit No. VEP-031/2000/B/EP-039 or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the Environmental Impact Assessment Ordinance.

2.2 An EM&A Manual in accordance with Annex 21 of the Technical Memorandum of the Environmental Impact Assessment Ordinance for the Project shall be made available to the Director before commencement of any construction work of the Project described in Part B of this permit. The EM&A Manual shall include an enhanced EM&A programme taking into account public comments forwarded to the Director during the period of public inspection under the EIAO. The enhanced programme shall also include construction noise monitoring at, among other locations, the proposed health and welfare building in Area 90B in Ma On Shan, Chinese YMCA College in Ma On Shan, and Monte Vista at Lee On, where the monitoring frequencies shall be double that of other locations. No construction work shall commence without the Director's approval of the EM&A Manual. (see note 6)

2.3 No more than 6 months after commencement of construction of the Project described in Part B of this permit, 3 sets of landscape plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director, shall be made available to the Director. The drawings shall show the detailed landscape proposals during the construction and operation stages of the Project, and shall include an implementation programme of landscape works. The submission shall be verified by the IEC as conforming to the information and recommendations contained in the EIA Report. Additional copies may be required by the Director. All measures recommended in the approved landscape plan(s) shall be fully implemented in accordance with the details and time schedule set out in the submission. (see note 7)

2.4 3 sets of Waste Management Plan (WMP) shall be made available to the Director at least 4 weeks before the commencement of any construction works of the Project described in Part B of this permit. The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall take into account the recommended mitigation measures in Section 6.5 of the EIA Report. Such a management plan shall incorporate site specific factors, such as the designation of areas for segregation and temporary storage of reusable and recyclable materials. All measures in the approved Waste Management Plan shall be fully implemented throughout the construction period. (see note 8)

2.5 At least 4 weeks before the commencement of site investigation of contaminated land for the Project, 3 copies of the updated Contamination Assessment Plan (CAP) shall be made available to the Director, based on Annex C of the EIA Report, with the exact sampling locations and testing parameters. If land contamination is confirmed, 3 copies of a Remediation Assessment Plan (RAP) including a Contamination Assessment Report (CAR) shall be made available to the Director. All remediation actions in the approved RAP shall be fully implemented. (see note 9)

3. Submissions or Measures during the Construction Period

3.1 All designs and measures described in the approved submissions under Conditions 2.3 to 2.5 above shall be fully implemented.

3.2 Prior to the operation of the Project, the noise barriers shall be constructed as described in Figures 1 and 2 and Table 1 as attached to this permit.

3.3 Prior to the operation of the Project, 3 copies of a performance test proposal shall be made available to the Director. The performance test proposal shall illustrate that the operation of the 8-car electric train of the Project would meet the specification of maximum levels (Lmax) not exceeding 82.1 dB(A) at maximum 100kph on ballasted track, and not exceeding 81.2 dB(A) at maximum 80kph on viaducts, both measured at 25m without the "Multi-plenum System" described in the EIA Report. The performance test proposal shall be verified by the IEC. (see note 10)

3.4 Prior to the operation of the Project, a report shall be made available to the Director, on the basis of Condition 3.3. The performance test report shall be verified by the IEC. (see note 11)

3.5 Throughout the construction period, preventive measures as described in Section 11.14 of the EIA Report shall be implemented to minimize the hazard to the public due to the construction works near the gas pipelines.

3.6 Measures described in Appendix A to mitigate environmental impacts from site run-off shall be fully implemented throughout the construction period.

3.7 Measures described in Appendix B to mitigate environmental impacts from construction noise shall be fully implemented throughout the construction period.

3.8 Measures described in Appendix C to mitigate environmental impacts from waste generation shall be fully implemented throughout the construction period.

3.9 Measures described in Appendix D to mitigate landscape and visual impacts shall be fully implemented throughout the construction period.

3.10 Any change to environmental mitigation measures shall be verified by the IEC as conforming to the information and recommendations contained in the EIA Report before implementation. The verified changes shall be documented in the immediately following monthly EM&A report as required under the approved EM&A Manual described in Condition 2.2.

4. Environmental Monitoring and Audit

4.1 The Permit Holder shall keep a copy of the EM&A Manual approved by the Director, as described in Condition 2.2 of this Permit, at his office on site for reference.

4.2 The enhanced EM&A programme shall be implemented as set out in the approved EM&A Manual described in Condition 2.2. Any change to the enhanced EM&A programme shall be justified by the IEC as conforming to the requirements set out in the approved EM&A Manual before submission to the Director for approval.

4.3 Samples and measurements for air quality, and noise, shall be taken in accordance with the requirements of the approved EM&A Manual by:

a) conducting baseline monitoring on air quality, and noise, as set out in the approved EM&A Manual;

b) conducting impact monitoring on air quality, and noise, as set out in the approved EM&A Manual;

c) in cases where specified criteria in the approved EM&A Manual are exceeded, carrying out remedial actions in accordance with the Event/Action Plan, as set out in the approved EM&A Manual; and

d) logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the approved EM&A Reports and to make available the information for inspection on site.

4.4 One hard copy of the Baseline Monitoring Report as required under the approved EM&A Manual shall be verified by the IEC and shall be made available to the Director 4 weeks before the commencement of any major construction works that would affect the monitoring results. Additional copies of the Baseline Monitoring Report may be required by the Director.

4.5 One hard copy of monthly EM&A Reports as required under the approved EM&A Manual shall be verified by the IEC and shall be made available to the Director within 10 working days from the end of the reporting month. Additional copies of the monthly EM&A Reports may be required by the Director.

4.6 To enable the 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 monthly EM&A Reports prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director, shall be made available to the Director at the same time as the hard copies as described in Conditions 4.4 and 4.5. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of the monthly EM&A Reports must be the same as the hard copies.

4.7 All environmental monitoring and audit data submitted under this permit shall be true and correct. The true extent of the environmental impacts shall be presented in the monthly EM&A Reports and in the monitoring data as described in Condition 4.8 of the permit.

4.8 All environmental monitoring data as described in Condition 4.3 above shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected. The Permit Holder shall notify the Director in writing within 2 weeks after the commencement of works the internet address where the environmental monitoring data are to be placed. The internet address and the environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.

4.9 The internet website as described in Condition 4.8 above shall enable user friendly public access to the monitoring data and with features capable of:

(a) providing access to all environmental monitoring data collected since the commencement of works;
(b) searching by data;
(c) searching by types of monitoring data (air quality, water quality and noise); and
(d) hyperlinks to relevant monitoring data after searching;

or otherwise as agreed by the Director.

4.10 The actions described in the Event/Action Plans of the approved EM&A Manual shall be carried out, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.

Notes:

1. This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).

2. The permit holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this environmental permit. The permit holder shall replace the original permit displayed on the construction site by the amended permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under section 12 of the Ordinance to the Director for a further environmental permit.

4. Under section 14 of the Ordinance, the Director with the consent of the Secretary for the Environment and Food, may suspend, vary of cancel this environmental permit. The permit shall be removed from the display on the construction site.

5. If this permit is cancelled or surrendered during the construction, an environmental permit must be obtained under the Ordinance before the construction of the project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without an environmental permit.

6. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. VEP-031/2000/B/EP-039) is required under Condition 2.3 of the Permit No. VEP-031/2000/B/EP-039, or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the EIAO, to submit the EM&A Manual required in Condition 2.2 of this Permit.

7. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. VEP-031/2000/B/EP-039) is required under Condition 2.5 of the Permit No. VEP-031/2000/B/EP-039, or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the EIAO, to submit 3 sets of landscape plan(s) of scale 1 to 1000 or other appropriate scale as agreed by the Director, required in Condition 2.3 of this Permit.

8. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. VEP-031/2000/B/EP-039) is required under Condition 2.6 of the Permit No. VEP-031/2000/B/EP-039, or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the EIAO, to submit 3 sets of Waste Management Plan required in Condition 2.4 of this Permit.

9. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. VEP-031/2000/B/EP-039) is required under Condition 2.7 of the Permit No. VEP-031/2000/B/EP-039, or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the EIAO, to submit 3 copies of the updated Contamination Assessment Plan (CAP), and if land contamination is confirmed, 3 copies of a Remediation Assessment Plan (RAP) including a Contamination Assessment Report (CAR), required in Condition 2.5 of this Permit.

10. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. VEP-031/2000/B/EP-039) is required under Condition 3.4 of the Permit No. VEP-031/2000/B/EP-039, or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the EIAO, to submit 3 copies of the performance test proposal required in Condition 3.3 of this Permit.

11. Kowloon Canton Railway Corporation (Holder of Environmental Permit No. VEP-031/2000/B/EP-039) is required under Condition 3.5 of the Permit No. VEP-031/2000/B/EP-039, or where applicable the equivalent condition in any subsequent environmental permit amended by the Director under the EIAO, to submit the test report required in Condition 3.4 of this Permit.

12. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register Office on the 27/F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

13. Any person who constructs or operates the designated project contrary to the conditions in this permit, and is convicted of an offence under the Ordinance, 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.

Appendix A

Measures to Mitigate Environmental Impacts from Site Run-off During Construction

(a) Construction Runoff

(I) At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), the following shall be implemented:

(i) sediment tanks of sufficient capacity to handle the predicted water flows shall be provided for settling out waste water prior to its disposal. The sediment tanks shall be constructed from pre-formed individual cells of approximately 6 to 8 m3 capacity. The system capacity shall be flexible and able to handle multiple inputs from a variety of sources including influent that is pumped;
(ii) all drainage facilities and erosion and sediment control structures shall be regularly inspected and maintained to ensure proper and efficient operation at all times and particularly following rainstorms. Deposited silt and grit shall be removed regularly and disposed of by spreading evenly over stable, vegetated areas;
(iii) open stockpiles of construction materials (for example, aggregates, sand and fill material) of more than 50 m3 shall be covered with tarpaulin or similar fabric during rainstorms. Measures shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system; and
(iv) all temporary and permanent drainage pipes and culverts provided to facilitate runoff discharge shall be designed for the controlled release of storm flows. All sediment traps shall be regularly cleaned and maintained. The temporary diverted drainage shall be reinstated to the original condition when the construction works have finished or the temporary diversion is no longer required.

(II) At all parts of the works areas and construction sites that may potentially experience spillages of oil or fuel associated with construction works, and throughout the full duration of the construction contract(s), oil interceptors shall be provided in the drainage system downstream of any oil/fuel pollution sources associated with construction. The oil interceptors shall be regularly emptied to prevent the release of oil and grease into the storm water drainage system after accidental spillages. The interceptor shall have a bypass to prevent flushing during periods of heavy rain.

(III) At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), existing drainage arrangements shall not be adversely affected during construction works, and any flow from the construction site must be diverted to settling traps/ponds before being discharged into the public drainage system.

(b) General Construction Activities

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials from station and depot construction works shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material can be minimised by scheduling the construction programme in a way that one section of the alignment can be constructed and completed before the excavation works of the next section commence.

Appendix B

Measures to Mitigate Environmental Impacts from Construction Noise During Construction

Throughout the construction period of the Project, mitigation measures for specific construction activities at specific locations shall be implemented in accordance with the Tables 4.4s to 4.4.z and Table 4.4aa of the EIA Report. Corresponding mitigation measures for each construction activity to result in the lowest worst case maximum cumulative construction noise level indicated in the tables (right most column of the tables) shall be used. Mitigation measures "M1", "M2", and "M3" in the table are defined as follows:

M1 - item a below;
M2 - items a + b below;
M3 - items a + b + c below, where items a, b, c are defined as:

(a) Use of Quiet Plant and Working Methods

Throughout the full duration of the construction contract(s), models of plant that are quieter than those specified in the EPD's "Technical Memorandum on Noise from Construction Work in Designated Areas" shall be used.

(b) Temporary and Movable Noise Barriers

Throughout the full duration of the construction contract(s), movable barriers of 3 to 5 m height with a small cantilevered upper portion and skid footing shall be provided within a few metres of static plant (air compressor, water pump, generator, etc.) and within about 5 m of mobile equipment (excavators and mobile cranes, etc.) such that the line of sight is blocked by the barriers viewed from the noise sensitive receivers (NSRs).

(c) Reducing the Number of Plant Operating in Critical Areas Close to NSRs

The number of items of plant operating at the same time at the specified locations shall be minimized for each construction activity.

Appendix C

Measures to Mitigate Environmental Impacts from Waste Generation During Construction

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), the following shall be implemented:

(i) develop procedures such as a ticketing system to facilitate tracking of marine mud and chemical waste, and to ensure that illegal disposal does not occur;

(ii) segregate and sort the waste materials into 3 categories:

• public fill (e.g. concrete and rubble) for re-use on-site or disposal at a public filling area;
• re-use and/or recycling waste (e.g. steel and other metals); and
• waste which cannot be re-used and/or recycled (e.g. wood, glass and plastic) for landfill disposal.

The sorting process shall be carefully monitored to avoid missing any of the 3 categories. Different types of wastes shall be stockpiled and stored in different containers / skips to enhance re-use or recycling of materials and their proper disposal; and

(iii) maintain records of the quantities of wastes generated and disposed off-site for each category of waste. Chemical waste that is produced, as defined by Schedule 1 of the Waste Disposal (Chemical Waste) (General) Regulation, shall be handled in accordance with "Code of Practice on the Packaging, Handling and Storage of Chemical Wastes" issued by the Environmental Protection Department (EPD).

Appendix D

Measures to Mitigate Landscape and Visual Impacts During Construction

At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), the following mitigation measures shall be implemented to minimise the landscape and visual impact of the construction works:

(i) control of night time lighting;
(ii) erection of decorative screen hoarding;
(iii) advance planting for screening;
(iv) minimising the height of temporary buildings;
(v) careful positioning of construction plant;
(vi) regular checks shall be carried out to ensure that the work site boundaries are not exceeded and that no damage is being caused to the surrounding areas;
(vii) temporary construction sites shall be restored to standards as good as, or better than, the original condition;
(viii) replanting of disturbed vegetation shall be undertaken and this shall use predominantly native plant species;
(ix) topsoil shall be stripped and stored for re-use in the construction of the soft landscape works;
(x) the locations of work sites associated with the proposed development shall be carefully selected to minimise the potential landscape and visual impacts of the proposed construction works; and
(xi) the potential for soil erosion shall be reduced at construction stage by minimising the extent of vegetation disturbance on site and by providing a protective cover (e.g. plastic sheeting or a grass cover established by hydroseeding) over any exposed ground.

Notes:
(i) barrier height is above standard viaduct parapet, or the ballast track bed, or otherwise specified in this table.
(ii) absorptive material shall be based on Table 4.5n of the EIA Report.

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