Environmental Permit
No. FEP-01/110/2002
環境許可證編號FEP-01/110/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 and 12
環 境 影 響 評 估 條 例
(第 499章 )
第 10及第12條
FURTHER ENVIRONMENTAL PERMIT TO DECOMMISSION A DESIGNATED PROJECT
解 除 指 定 工 程 項 目的 運 作 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 EIAO), the Director of
Environmental Protection (the Director) grants this further environmental
permit to Ming Chun Construction Co., Ltd. (hereinafter referred to as the
"Permit Holder") to decommission the designated project described in Part B subject to the conditions specified in 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 明俊建築有限公司 (下 稱 「許 可 證 持 有 人 」) 以 解 除 B部 所 說 明 的 指 定 工 程 項 目 的 運 作 , 但 須 遵 守 C部 所 列 明 的 條 件 。 本 新 的 環 境 許 可 證 的發出,乃依據下列文件、批准或許可條件作 為 根 據﹕
-
Application
No. |
FEP-051/2002 |
||
Document
in the Register : |
(1) The
Decommissioning of Underground Fuel Tank at Tsuen Wan No.1 Pumping Station (Register
No. AEIAR-050/2002) - Environmental Impact
Assessment Report (Final Revised Report) (December 2001) [hereinafter
referred to as the “EIA Report”]; - Environmental Impact
Assessment Report (Appendices) (December 2001); - Environmental
Monitoring and Audit Manual (December 2001) [hereinafter referred to as the
“EM&A Manual”]; and - Executive Summary (1) 荃灣一號抽水站地下油缸的拆除 (登記冊編號:AEIAR-050/2002) - 環境影響評估報告 (終期修訂報告)
(2001年12月)
[下稱「環評報告」]; - 環境影響評估報告 (附錄)(2001年12月); - 環境監察及審核手冊 (2001年12 月)
[下稱「環監手冊」];及 - 執行摘要 (2) The Director’s letter of approval of EIA Report dated
9 February 2002, (ref: (10) in Annex (1) to EP2/N2/OTH/42 Pt. III) (2) 署長於2002年2月 9 日發出批准環評報告的信件 (檔號:(10) in Annex (1) to EP2/N2/OTH/42 Pt. III) |
||
|
(3)
Environmental Permit No. EP-110/2001 issued on 11 February 2002. (3) 於 2002年 2月 11日 簽 發 的 環 境 許 可 證
編 號
EP-110/2001 |
||
___________________ |
______________________________________
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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 further environmental permit (hereinafter referred to as the
"Permit"):
下 列 為
本 新 的 環 境 許
可 證
(下 稱 「許 可
證」) A部 所
述 指 定
工 程 項
目 的 說
明 :
Title of Designated
Projects |
The Decommissioning of Underground Fuel Tanks at Tsuen Wan No. 1 Pumping Station [The above designated projects are
hereinafter referred to as "the Project"] |
Nature of Designated
Projects |
Decommissioning
of the underground diesel oil tanks with a total storage capacity exceeding
200 tonnes. 解除總貯存量逾200公噸的地下柴油油缸的運作。 |
Location of Designated
Projects |
Within
the Tsuen Wan No.1 Pumping Station, which is located at the southeast corner
of the intersection between Wai Tsuen Road and Miu Kong Street, Tsuen Wan.
The location of the Project is shown in Figure 1 of this Permit. 荃灣一號抽水站範圍內,地點是荃灣蕙荃路與廟崗街交匯處的東南端。工程項目的地點載於本許可證圖1。 |
Scale and Scope of
Designated Project(s) |
Decommission, dismantle and remove four
underground diesel oil tanks with a total storage capacity exceeding 200
tonnes, as a part of the replacement works of the water pumping facilities at
Tsuen Wan No. 1 Pumping Station. 解除總貯存量逾200公噸的四個地下柴油油缸的運作,並把其拆除及移走,作為荃灣一號抽水站抽水設施更換工程的一部分。 |
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 may constitute a contravention of the Environmental
Impact Assessment Ordinance and may become subject to 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 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 grounds of defense 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 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. The site(s) refers to site(s) of
decommissioning of the Project(s) and shall mean the same hereafter.
1.5 The Permit Holder
shall display conspicuously a copy of this Permit on the decommissioning
site(s) at all vehicular site entrances/exits or at a convenient location for
public 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 decommissioning
site(s).
1.6 The Permit Holder
shall decommission the Project as described in Part B of this Permit.
1.7 The Permit Holder
shall ensure that the Project is designed and decommissioned in accordance with
the information and recommendations described in the EIA Report (Register No. AEIAR-050/2002);
other relevant documents in the Register; and the information or mitigation
measures described in this Permit. Where recommendations referred to in the
documents of the Register are not expressly referred to in this Permit, such
recommendations are nevertheless to be implemented unless expressly excluded or
impliedly amended in this Permit.
1.8 All deposited
submissions, as required under this Permit, shall be rectified and resubmitted in
accordance with the comments, if any made by the Director within one month of
the receipt of the Director's comments or otherwise as specified by the
Director.
1.9 All submissions
approved by the Director, all submissions deposited without comments by the
Director, or all submissions rectified in accordance with comments by the
Director under this Permit shall be construed as part of the permit conditions
described in Part C of this Permit. Any variation of the submissions shall be
approved by the Director in writing or as prescribed in the relevant permit
conditions. Any non-compliance with the submissions may constitute a
contravention of the Environmental Impact Assessment Ordinance.
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).
2. Specific
Conditions
2.1 An Environmental
Team (ET) shall be established at least one month before the commencement of
decommissioning of the Project.
The ET shall be supervised by an ET Leader who has at least 7 years'
experience in EM&A or environmental management. The ET Leader shall be
responsible for the implementation of the EM&A programme in accordance with
the approved EIA Report and the EM&A Manual. In addition, the ET Leader shall be responsible for
certifying the environmental acceptability of permanent and temporary works,
relevant design plans, submissions relating to EM&A and other submissions
required under this Permit.
2.2 All demolition works
shall be carried out within the site boundary of the Tsuen Wan No.1 Pumping
Station.
3. Measures to Mitigate
Land Contamination
3.1 When the concrete
chambers lining is removed, the Permit Holder shall take soil samples from the
ground below the diesel oil tanks so as to confirm whether or not the soil
located under the tanks is contaminated.
No less than 5 soil samples (4 at corners and 1 at middle) shall be
taken at 0.5 m depth under each concrete chamber. The collected soil samples shall be analyzed in an
accredited laboratory for Total Petroleum Hydrocarbon (TPH) and the testing result
shall be compared with the “Soil and Ground Water Criteria Used in The
Netherlands for Contaminated Land (Dutch List)” to evaluate any potential
contamination. A Land
Contamination Specialist with a least 7 years experience in land contamination
investigation and remediation shall be engaged to supervise the soil sampling
and to evaluate the contamination level.
If the results show the presence of contaminated soil, the Director's
agreement on remediation shall be obtained before any action is taken.
4. Environmental
Monitoring and Audit (EM&A) Requirements
4.1 An EM&A
programme shall be implemented as set out in the EM&A Manual which forms
part of the EIA Report (Register No. AEIAR-050/2002). Any change to the programme shall be justified by the ET
Leader as conforming to the requirements set out in the EM&A Manual and
information contained in the EIA Report before submission to the Director for
approval.
4.2 Samples and
measurements shall be taken in accordance with the requirements of the EM&A
Manual by :
(i) conducting baseline
environmental monitoring as set out in the EM&A Manual; and
(ii)
conducting impact environmental monitoring as set out in the EM&A Manual.
4.3 The remedial actions
described in the Event/Action Plans of the EM&A Manual shall be fully and
properly carried out, in accordance with the time frame(s) set out in the
Event/Action Plans, or as agreed by the Director.
4.4 Records of
measurements and remedial actions taken under Conditions 4.2 and 4.3
respectively of this Permit shall be logged and kept, within 3 working days of
the collection of data or completion of remedial action, for the purpose of
preparing and submitting the EM&A Reports and making the information
available for inspection on site.
4.5 Two hard copies and
one soft copy of the Baseline Monitoring Report shall be submitted to the
Director no later than 2 weeks before the commissioning of the Project. The
submissions shall be certified by the ET Leader. Additional copies of the
submission shall be provided to the Director upon request by the Director.
4.6 One hard copy and
one soft copy of monthly EM&A Report shall be submitted to the Director
within 2 weeks after the end of the reporting month. 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. Additional copies of the submission shall be
provided to the Director upon request by the Director.
4.7 All environmental
monitoring and audit data submitted under this Permit shall be true, valid and
correct.
4.8 The Permit Holder
shall relay all environmental complaints regarding construction works to the
Environmental Team.
5. Electronic
Reporting of EM&A Information
5.1 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 4.0 or later),
unless otherwise agreed by the Director and shall be submitted at the same time
as the hard copies as described in Condition 4 of this Permit. For the HTML
version, a content page capable of providing hyperlink to each section and
sub-section of these Reports shall be included in the beginning of the
document. Hyperlinks to all figures, drawings and tables in these Reports shall
be provided in the main text from where the respective references are made. All
graphics in these Reports shall be in interlaced GIF format unless otherwise
agreed by the Director. The content of the electronic copies of these Reports
must be the same as the 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 Ordinance, and the following notes are for general
information only.
2.
The
Permit Holder may apply under Section 13 of the Ordinance to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the decommissioning 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 may with the consent of the Secretary
for the Environment and Food, suspend, vary or cancel this Permit. The
suspended, varied or cancelled Permit shall be removed from display at the decommissioning
site.
5.
If
this Permit is cancelled or surrendered during decommissioning of the Project,
another environmental permit must be obtained under the Ordinance before the
Project could be continued. It is an offence under Section 26(1) of the Ordinance
to decommission a designated project listed in Part II of Schedule 2 of the
Ordinance without a valid environmental permit.
6.
Any
person who decommissions the Project contrary to the conditions in the 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.
7. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the Ordinance within 30 days of receipt of this Permit.
8. The
Notes are for general reference only and that the Permit Holder should refer to
the EIA Ordinance for details and seek independent legal advice.
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