Environmental Permit No. FEP-01/272/2007/A
環境許可證編號 FEP-01/272/2007/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Sections 10 & 12
環境影響評估條例
(第499章)
第 10 及12 條
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT A DESIGNATED PROJECT
建造指定工程項目的新的環境許可證
A部 (許可證主要部分)
Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this Further Environmental Permit to Dragages – Nishimatsu Joint Venture (hereinafter referred to as the “Permit Holder”) to construct 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》（環評條例）第10及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Dragages – Nishimatsu Joint Venture（下稱“許可證持有人”）以建造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:
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Application No. 申請書編號： |
FEP-086/2008
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Document in the Register: 登記冊上的文件：
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(1) Drainage Improvement in Northern Hong Kong Island – Hong Kong West Drainage Tunnel Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary (Register No.: AEIAR-099/2006) [Hereinafter referred to as the “EIA report”] (1) 港島北部雨水排放系統改善計劃港島西雨水排放隧道(登記冊檔號: AEIAR-099/2006) [下稱”環評報告”]
(2) The Director’s letter of approval of the EIA report dated 7 April 2006 [Ref.: (28) in EP2/G/I/113] (2) 署長於2006年4月7日 發出批准環評報告的信件 [檔案編號 : (28) in EP2/G/I/113]
(3) Application documents for Environmental Permit submitted by the Permit Holder on 30 March 2007 (Application No. AEP-272/2007) [Hereinafter referred to as “the EP Application Document”] (3) 許可證持有人於2007年3月30日提交的環境許可證申請文件包括所有附件(申請書編號: AEP-272/2007) [下稱”環境許可證申請書”]
(4) Environmental Permit issued on 26 April 2007 (No. EP-272/2007) (4) 於2007年4月26日發出的環境許可證(編號EP-272/2007)
(5) Application documents for Variation of Environmental Permit submitted by the Permit Holder on 9 October 2007 (Application No. VEP-241/2007) [Hereinafter referred to as “the VEP Application Document”] (5) 許可證持有人於2007年10月9日提交的更改環境許可證申請文件包括所有附件(申請書編號: VEP-241/2007) [下稱”更改環境許可證申請書”]
(6) Environmental Permit issued on 26 October 2007 (No. EP-272/2007/A) for construction and operation of the designated project (6) 於2007年10月26 日發出的環境許可證 (編號: EP-272/2007/A) 以建造及營辦指定工程項目
(7) Application for Further Environmental Permit submitted on 10 January 2008 (Application No. FEP-086/2008) for construction of the designated project (7) 於2008年1月10日提交的新的環境許可證申請(申請書編號: FEP-086/2008) 以建造指定工程項目 |
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28 January 2008 Date 日期
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(Mrs. Shirley LEE) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 李韓琇玲女士代 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部所提述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
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Drainage Improvement in Northern Hong Kong Island – Hong Kong West Drainage Tunnel [This designated project is hereinafter referred to as “the Project”]
港島北部雨水排放系統改善計劃 - 港島西雨水排放隧道 [這指定工程項目下稱“工程項目”]
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Nature of Designated
Project
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To construct and operate a main drainage tunnel and adits within the boundary of the Pok Fu Lam, Tai Tam, Aberdeen and Lung Fu Shan Country Parks
於薄扶林、大潭、香港仔及龍虎山郊野公園範圍內建造及營辦雨水排放主隧道及連接隧道。
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Location of Designated Project 指定工程項目的地點 |
The drainage tunnel alignment starts from the Eastern Portal near Haw Par Mansion in Tai Hang and ends at the Western Portal located to the north of Cyberport running underneath the the Pok Fu Lam, Tai Tam, Aberdeen and Lung Fu Shan Country Parks. The locations of the main drainage tunnel, two portals and the country parks are shown in Figures 1 to 3 attached to this Permit.
雨水排放隧道的起點始於大坑虎豹別墅邊旁的東面入水口，終點於西面出水口位於數碼港以北，途經薄扶林、大潭、香港仔及龍虎山郊野公園。主隧道、兩個出入水口及郊野公園的位置見載於本許可證夾附的圖1至3。
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction of a 6.25m-7.25m in diameter and about 11 km long underground main drainage tunnel, 2 portals and a series of connecting adits and drop shafts.
建造一條直徑6.25至7.25米、約長11千米的地下雨水排放主隧道、兩個出入水口及一系列連接隧道及豎井。 |
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), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance (Cap. 208). 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 or 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 by the Permit. The site(s) refers to site(s) of construction of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the construction 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 construction site(s).
1.6 The Permit Holder shall construct 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 and constructed in accordance with the information and all recommendations described in the EIA Report (Register No.: AEIAR-099/2006), the EP Application Document, the VEP Application Document, other relevant documents in the Register, the information or mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with 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 construction stage of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.
1.8 All 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 deposited without comments by the Director, or all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other place, 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 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as hard copies.
1.12 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least two weeks before the commencement of construction of the Project, the Eastern Portal and the marine-based works at Western Portal. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.
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. Special Conditions
2.1 An ET shall be established no later than one month before commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project. The ET shall be headed by an ET Leader. The ET leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the EM&A Manual (Register No. AEIAR-099/2006) of the Project. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under 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 environmental impact assessment and each and every non-compliance with the recommendations of the approved EIA Report (Register No. AEIAR-099/2006), the EP Application Document and the VEP Application Document, or this Permit. The ET Leader shall notify the Independent Environmental Checker (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-099/2006), the EP Application Document and the VEP Application Document, or 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 no later than one 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 responsible for duties defined in the EM&A Manual (Register No. AEIAR-099/2006) of the Project and shall audit the overall EM&A programme, 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-099/2006), the EP Application Document and the VEP Application Document, or 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.
2.3 The Permit Holder shall, no later than two weeks 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.
2.4 The Permit Holder shall, no later than two weeks before the commencement of construction of the Project, deposit with the Director six hard copies and one electronic copy of the construction programme showing the commencement and completion dates of major items of construction works and the relevant mitigation measures to be implemented. The construction programme shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA report (Register No. AEIAR-099/2006) and the EP Application Document. The Permit Holder shall inform the Director accordingly in writing in case of any subsequent changes of items contained in this submitted construction programme.
2.5 A community liaison office shall be set up and remain in operation throughout the entire construction stage of the Project to receive and respond to complaints or enquiries on environmental nuisances or pollution caused by the Project and to follow up on the implementation of remedial mitigation measures.
Mitigation measures for constructing the main drainage tunnel
2.6 To protect the country parks, no construction works shall be carried out on the ground surface within Tai Tam, Aberdeen, Pok Fu Lam and Lung Fu Shan Country Parks (the locations of these country parks as shown in Figure 1 attached to this Permit).
2.7 To minimize seepage of groundwater and to avoid potential drawdown of the watertable during construction of the main drainage tunnel, a double-shielded Tunnel Boring Machine shall be adopted to construct the tunnel. If alternative construction method is to be proposed, the Permit Holder shall deposit six hard copies and one electronic copy of the method statement with the Director no later than one month before commencement of the main drainage tunnel construction. Before submission to the Director, the method statement shall be certified by the ET Leader and verified by the IEC to confirm its effectiveness in avoiding drawdown of the watertable.
Mitigation measures for constructing the Eastern and Western Portals
2.8 To minimize construction noise impacts, the Permit Holder shall:-
(a) deposit four hard copies and one electronic copy of a noise enclosure design plan with the Director no later than 2 weeks before commencement of construction works at the Eastern Portal. This noise enclosure deign plan shall show: the location/layout (in the scale of 1:1000) and design details (in the scale of 1:50 or other appropriate scale) of the noise enclosure; and specifying the material used for the noise enclosure. The superficial surface density of the material shall be no less than 10kg/m2. The location of the Eastern Portal is shown in Figure 2 attached to this Permit. Before submission to the Director, this noise enclosure design plan shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations as set out in the approved EIA report and the EP Application Document;
(b) provide the noise enclosure at the Eastern Portal in accordance with the submission deposited under Condition 2.8(a) above; and
(c) use only quiet plants that shall meet noise performance specifications as stated below to construct the Eastern and Western Portals:
(i) Air compressor with Sound Power Level (SWL) not exceeding 103dB(A);
(ii) Hydraulic breaker with SWL not exceeding 110dB(A);
(iii) Bulldozer with SWL not exceeding 104dB(A);
(iv) Concrete lorry mixer with SWL not exceeding 100dB(A);
(v) Concrete pump with SWL not exceeding 107dB(A);
(vi) Truck with SWL not exceeding 104dB(A);
(vii) Excavator with SWL not exceeding 106dB(A);
(viii) Wheeled loader with SWL not exceeding 106dB(A);
(ix) Poker with SWL not exceeding 100dB(A);
(x) Electric saw, wood with SWL not exceeding 106dB(A); and
(xi) Crane, lorry with SWL not exceeding 102dB(A).
If other plant/plants not specified above is/are to be used, the noise performance of this alternative proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations as set out in the approved EIA report and the EP Application Document.
2.9 To minimize water quality impacts on the marine environment near the western waters due to the construction of the Western Portal, the Permit Holder shall:
(a) deposit four hard copies and one electronic copy of a silt curtain proposal with the Director no later than 2 weeks before commencement of the marine-based construction works at Western Portal. The silt curtain shall enclose the site areas targeted for constructing the stilling basin, the temporary pier and the armor rock based panel. Their respective locations are shown in Figure 3 attached to this permit.
The silt curtain proposal shall specify the following:
(i) location and alignment of the silt curtain system as shown in drawings in the scale of 1:1000;
(ii) design details as shown in drawings in the scale of 1:50 or other appropriate scale;
(iii) inspection requirements to ensure proper functioning of the silt curtain system; and
(iv) rectification requirements in case of any malfunctioning of the system.
Before submission to the Director, the silt curtain proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations as set out in the approved EIA report and the EP Application Document;
(b) install and maintain the silt curtain system in accordance with the proposal as submitted under Condition 2.9(a) above; and
(c) carry out all construction works for the stilling basin by enclosing the entire basin inside a temporary cofferdam to serve as a watertight enclosure to avoid spillage of fill material or wastewater into the sea. The top level of the cofferdam shall be constructed higher than the final backfilled level. The cofferdam shall be maintained on site and inspected to ensure its proper functioning until after the completion of construction of the stilling basin.
3. Environmental Monitoring and Audit (EM&A) Requirements
3.1 The EM&A programme of the Project covering air quality, noise, water quality, waste management, ecology, cultural heritage, landscape and visual during the construction stage, shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No. AEIAR-099/2006) of the Project. The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.4. Changes to the EM&A requirements or programme and termination of the programme shall need justification by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual; and the prior approval from the Director shall be sought before their implementation.
3.2 Six hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before the commencement of construction. 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.
3.3 Six hard copies and one electronic copy of the monthly EM&A Reports for the construction stage shall be submitted to the Director within two weeks after the end of the reporting month. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. 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 All environmental monitoring and audit results submitted under this Permit shall be true, valid and correct.
3.5 Any necessary remedial measures and actions as described in the EM&A Manual shall be fully and properly carried out, in accordance with the time frame(s) set out in the EM&A Manual, or as agreed by the Director.
3.6 For timely access of information by the affected community, the Permit Holder shall make the impact monitoring results available to the public via internet access to be set up under Conditions 4.2 and 4.3 below. The monitoring data shall be certified by the ET Leader and verified by the IEC before releasing to the public, in the shortest practicable time and in no event later than 2 weeks after such information is available.
4. Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the 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 Conditions 3.2 and 3.3 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 A dedicated web site shall be set up and the Director shall be notified in writing the internet address where the environmental monitoring and project data is to be placed within six weeks after the commencement of construction of the Project. All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated web site 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 with the Director. The dedicated website shall be maintained throughout the entire construction stage to facilitate public access to environmental monitoring data.
4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and project profile of the Project. The internet website shall have features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of work and all submissions under this permit;
(b) searching by date;
(c) searching by types of monitoring data; and
(d) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the Director.
Notes :
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. If there is a breach of any conditions of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, order the cessation of associated work until the remedial action is taken in respect of the resultant environmental damage, and in that case the Permit Holder shall not carry out any associated works without the permission of the Director or his authorized officer.
3. 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 construction site by the amended permit.
4. 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.
5. Under Section 14 of the Ordinance, 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 construction site.
6. If this Permit is cancelled or surrendered during construction or operation of the Project, another environmental permit must be obtained under the Ordinance before the construction or operation of the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who constructs 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.
8. 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.
9. 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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