Further Environmental Permit No.FEP- 10/ 004/ 1999
新 的 環 境 許 可 證 編 號 FEP- 10/ 004/ 1999

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

Pursuant to section 12 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) grants this Further Environmental Permit to HK ACE JV (the "Permit Holder") to construct the part of a 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 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 HK ACE JV (許 可 證 持 有 人) 以 建 造 B部 所 說 明 的 指 定 工 程 項 目 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 THE PART OF THE DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 本 部 分 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 (the 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 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354)and others.

1. 3 The Permit Holder shall make copies of this Permit available at all times for inspection by the Director at all sites covered by this Permit.

1. 4 The Permit Holder shall give a copy of this Permit to the person(s)in charge of the site(s).

1. 5 The Permit Holder shall display a copy of this Permit on the construction site(s)at all vehicular site entrances/ exits for public information at all times.The Permit Holder shall ensure that the most updated information about the environmental 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 of Environmental Protection shall also be displayed at the same locations as the original Permit.

1. 6 A copy of the EIA Report shall be kept in the Engineer"s (as set out in EM& A Manual)office and another copy shall be kept in the Permit Holder"s office on site for reference.

1. 7 The Permit Holder shall construct the Project in accordance with the project descriptions in Part B of this Permit.

1. 8 The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and recommendations contained in the EIA report.

1.9 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.EP- 004/ 1998.

1.10 Amendments to approved/ deposited submissions required under this Permit shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report.Amendments to approved submissions shall be approved by the Director and amendments to deposited submissions shall be deposited with the Director.

1. 11 The requirements of Environmental Manager and Independent Environmental Checker, as required under this Permit, are described in conditions 2. 1 and 2. 2 of the Environmental Permit No.EP- 004/ 1998.

1. 12 Approved plans, schedules, reports, drawings or programmes mentioned in this Permit shall refer to those that have been approved by the Director.

1.13 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 or otherwise specified by the Director.

1.14 All finalised submissions, as required under this permit, shall be released to the public if requested by the Director, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places or by any other means as specified by the Director for public inspection.For this purpose, the Permit Holder shall provide sufficient copies of submissions.

1.15 The Permit Holder shall notify the Director one week prior to the commencement of construction of the project works.

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

2. 1 An Environmental Team as recommended in the EM& A Manual shall be in place prior to the commencement of construction of the Project, described in Part B of this Permit.The Environmental Team shall be headed by a team leader who has at least 7 years experience in environmental monitoring or environmental management.

2.2 Before the commencement of construction of the Project described in Part B of this Permit, 3 sets of 1 to 1000 scale layout drawing shall be made available to the Director.The layout drawings shall include an explanatory statement showing the works boundary, railway and tunnel alignment, environmental mitigation measures recommended in the EIA report, and any other facilities assessed in the EIA report.The drawings shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the findings and recommendations of the EIA report.The Project shall be constructed in accordance with the information and recommendations contained in the EIA report and the drawings deposited with the Director.All measures set out in the drawings shall be fully implemented.(see note 6)

2.3 Before the commencement of construction of track sections not in tunnel, 3 sets of drawings with an explanatory statement showing the noise mitigation measures shall be made available to the Director.The drawings shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the findings and recommendations of the EIA report.The Project shall be constructed in accordance with the information and recommendations contained in the EIA report and the drawings deposited with the Director.All measures set out in the drawings shall be fully implemented.In particular, the following requirements shall be included:(see note 7)

1. the creation of a second acoustic plenum on either side of the car, using either a walkway at the side of the track or a purpose- built construction.This would also incorporate absorptive lining in the area beneath the plenum;

2. edge walls with sound absorption;and

3. barriers and enclosures.

2.4 Three sets of landscape master plan(s)1 to 1000 scale together with a master implementation schedule shall be made available to the Director before the commencement of construction of relevant sections of the Project described in Part B of this Permit.The drawings shall be expanded based on the Landscape Strategy Report of the EIA report and shall show the conceptual landscape proposals within the works boundary to be in accordance with the recommendations of the EIA report during the construction and operation of the Project.It shall also include a management and maintenance schedule indicating clearly how the landscape areas will be managed and maintained.The landscape drawings shall be certified by the Environmental Manager, and verified by the Independent Environmental Checker.All measures recommended in the approval drawings shall be fully implemented in accordance with the details and time schedule set out in the approved landscape master plan(s). (see note 8)

2.5 Three sets of detailed landscape drawings shall be made available to the Director before the commencement of landscape and visual mitigation works of the relevant section(s)of the Project or part(s)thereof.Such drawings shall expand on the approved landscape master plan(s)and shall show the detailed landscape proposals during the construction and operation of the Project.The landscape drawings shall be certified by the Environmental Manager, and verified by the Independent Environmental Checker.All measures recommended in the approved drawings shall be fully implemented in accordance with the details and time schedule set out in the approved landscape drawings.(see note 9)

2.6 Before the commencement of construction, the Permit Holder shall deposit with the Director waste management plan as recommended in the EIA report.Before submission to the Director, the waste management plan shall be certified by the Environmental Manger and verified by the Independent Environmental Checker.Measures covered by the Waste Disposal Ordinance shall not be included in the waste management plan.All measures recommended in the approved waste management plan shall be fully implemented in accordance with the requirements and time schedule set out in the waste management plan.

3. Submissions or Measures during the Construction Period

3. 1 Within two months of commencement of construction of the Project described in Part B of this Permit, an environmental management plan as recommended in the EIA report shall be deposited with the Director.Before its submission to the Director, the environmental management plan shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations of the EIA report.

3. 2 The Permit Holder shall fully implement all relevant design or construction measures for the Project described in the approved or deposited submissions mentioned in section 2 and condition 3. 1 above.Any changes to these design and construction measures shall be justified by Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report.

3.3 The Permit Holder shall implement measures described in Appendix A to mitigate environmental impacts from site run- off and drainage.

3. 4 In accordance with the information and recommendations contained in the EIA report and with reference to Appendix B, the Permit Holder shall implement measures to mitigate water quality impacts during dredging and other construction activities.

3. 5 To mitigate the cultural heritage and archaeological impacts during construction, the Permit Holder shall inform the Director immediately if any antiquities are discovered during the course of the construction works to further assess the cultural value of the items;

4. Environmental Monitoring and Audit During Construction

4. 1 The Permit Holder shall keep a copy of the EM& A Manual, as described in Part A of this Permit, at his office on site for reference.

4. 2 Any changes to the EM& A arrangements, including all methodologies and criteria, monitoring equipment, monitoring locations, baseline monitoring, impact monitoring, compliance assessment and event contingency plan, as required under the EM& A Manual or under the Implementation Schedule, shall be justified by the Environmental Manager, and verified by the Independent Environmental Checker in the monthly EM& A Reports and submitted to the Director under condition 4. 6.

4. 3 The EM& A requirements shall be implemented, including all methodologies and criteria, monitoring equipment, monitoring locations, baseline monitoring, impact monitoring, compliance assessment and event contingency plans, as set out in the EM& A Manuals and monthly EM& A Reports, unless the changes are justified in the monthly EM& A Reports submission, verified by the Independent Environmental Checker and approved by the Director.

4. 4 Samples and measurements shall be taken in accordance with the requirements of noise, air quality and water quality monitoring in the EM& A Manual by:

1. conducting baseline air, noise and water quality monitoring at the specified locations and frequencies;

2. conducting impact monitoring on air quality, water quality, noise quality at the specified locations and frequencies;

3. in cases where specified criteria in the EM& A Manual are exceeded, carrying out remedial actions in accordance with event contingency plans, to be set out in the EM& A Manual;and

4. 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 EM& A Reports, and to make available for information for inspection on site.

4.5 Ten copies of the Baseline Monitoring Report certified by the Environmental Manager, and verified by the Independent Environmental Checker shall be made available to the Director one month before the commencement of any major construction works that would affect the monitoring results.

4. 6 Ten copies of monthly EM& A Reports certified by the Environmental Manager, and verified by the Independent Environmental Checker shall be made available to the Director within 10 working days from the end of the reporting month.

4. 7 Actions described in the action plan(s)/contingency plan(s)of the EM& A Manual shall be properly carried out, in accordance with the time frame set out in the action plan(s)/contingency plan(s), or as agreed by the Director.

5. Measures before Operation of the Project

5. 1 All design measures relevant to the Project described in the submissions approved, or deposited under section 2 and section 3 above, shall be fully implemented.

5.2 The noise mitigation measures shall be constructed in accordance with the information and recommendations contained in the EIA Report, or described in approved or deposited submissions.

5.3 Upon completion of the construction of the Project, an audit shall be carried out to confirm that all the agreed environmental measures for the construction of the Project have been properly implemented.The audit shall cover all measures recommended in the EIA report, or described in approved or deposited submissions.The result of the audit shall be documented in an Audit Report certified by the Environmental Manager and verified by the Independent Environmental Checker to the information and recommendations contained in the EIA report prior to submission to the Director.

5.4 Five sets of as- built drawings of scale 1 to 1000 with an explanatory statement showing the works and mitigation measures covered by this Permit, shall be deposited to the Director within three months after the completion of construction of the Project.

Notes:

1. This Environmental Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of the Part of Designated Project)and part C (Permit Conditions).

2. The Permit Holder may apply under section 13 of the Environmental Impact Assessment 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 Project may, before he assumes responsibility of the 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 Planning, Environment and Lands, may suspend, vary or cancel this Permit.The Permit shall then 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.EP- 004/ 1998)is required under condition 2. 4 of the Permit No.EP- 004/ 1998 to submit the 1 to 1000 scale layout drawing required in condition 2. 2 of this Permit.

7. Kowloon Canton Railway Corporation (Holder of Environmental Permit No.EP- 004/ 1998)is required under condition 2. 5 of the Permit No.EP- 004/ 1998 to submit the drawings with explanatory statement showing all the noise mitigation measures required in condition 2. 3 of this Permit.

8. Kowloon Canton Railway Corporation (Holder of Environmental Permit No.EP- 004/ 1998)is required under condition 2. 7 of the Permit No.EP- 004/ 1998 to submit the 1 to 1000 scale landscape master plan(s)together with a master implementation schedule required in condition 2. 4 of this Permit.

9. Kowloon Canton Railway Corporation (Holder of Environmental Permit No.EP- 004/ 1998)is required under condition 2. 8 of the Permit No.EP- 004/ 1998 to submit the detailed landscape drawings required in condition 2. 5 of this Permit.

Appendix A

Measures to Mitigate Environmental Impacts from Site Run-off and Drainage

To mitigate the environmental impacts from site run-off and drainage, the following shall be implemented:

1. adequate maintenance of drainage systems shall be provided to prevent flooding and overflow during the construction period;

2. the boundaries of areas of earthworks shall be marked and surrounded by dykes for flood protection during the construction period. Temporary ditches should be provided to facilitate runoff discharge into the appropriate watercourses, via a silt retention pond. Permanent drainage channels should incorporate sediment basins or traps and baffles to enhance deposition rates. The design of efficient silt removal facilities should be based on the guidelines in ProPEC Practice Note 1/94 issued by the Director of Environmental Protection;

3. construction works shall be programmed to minimize surface excavation works during the rainy season (April to September). All exposed earth shall be stabilized as soon as possible after earthworks have been completed, or alternatively, within 14 days of the cessation of earthworks where practicable. If excavation of soil cannot be avoided during the rainy season, or at any time of year when rainstorms are likely, exposed slope surfaces should be covered by tarpaulin or other means;

4. sediment tanks of sufficient capacity constructed from pre-formed individual cells of approximately 6 to 8 cu.m. capacity shall be used for settling surface runoff prior to disposal during the construction period. The system capacity shall be flexible and able to handle multiple inputs from a variety of sources and particularly suited to applications where the influent is pumped;

5. open stockpiles of construction materials (e.g. aggregates, sand and fill material) of more than 50 cu.m. shall be covered with tarpaulin or similar fabric during rainstorms. Measures should be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system;

6. manholes, including newly constructed ones, shall always be covered and sealed so as to prevent silt, construction materials or debris being washed into the drainage system and storm runoff being directed into foul sewers during the construction period. At any time of year when rainstorms are imminent or forecast, actions shall be taken in accordance with the ProPECC Practice Note 1/94 issued by the Director of Environmental Protection. Particular attention should be paid to the control of silty surface runoff during storm events, especially for areas located near steep slopes;

7. oil interceptors shall be provided in drainage systems and oils and grease shall be regularly removed to prevent the release of oils and grease into storm water drainage systems after accidental spillage during the construction period. The interceptors should have a bypass to prevent flushing during periods of heavy rain;

8. all vehicles and plant shall be cleaned before leaving a construction site to ensure no earth, mud, debris and the like is deposited by them on roads during the construction period. An adequately designed and located wheel washing bay should be provided at every site exit and wash-water should have sand and silt settled out and removed at least on a weekly basis to ensure the continued efficiency of the process. The section of access road leading to, and exiting from, the wheel-wash bay to the public road should be paved with sufficient backfill toward the wheel-wash bay to prevent vehicle tracking of soil and silty water to public roads and drains;

9. sediment shall be intercepted before it enters into modified sections of culverts. Sediment traps should be installed both upstream and downstream of any modified culvert sections in order to minimise the sediment loading in these culverts. Vortex tube site traps shall also be installed to provide continuous extraction of sediment within the modified sections of the culverts;

10. temporary and permanent drainage pipes and culverts shall be provided to facilitate runoff discharge during the construction period. The temporary and permanent drainage pipes and culverts should be adequately designed for the controlled release of storm flows. All sediment control measures should be regularly inspected and maintained to ensure proper and efficient operation at all times and particularly following rain storms. Temporarily diverted drainage should be reinstated to its original condition when construction work has finished or the temporary diversion is no longer required; and

11. discharge and surface runoff contaminated by materials from any concrete batching plant shall be diverted to neutralisation tank to reduce acidity and the treated discharge should be connected to silt trap to remove suspended solids before disposing to sewage system.

Appendix B

Measures to Mitigate Water Quality Impact During Dredging and Other Construction Activities

To mitigate the water quality impact during dredging and other construction activities:

1. debris and rubbish on site shall be collected, handled and disposed of properly to avoid entering the water column to cause water quality impacts;

2. to prevent spilled fuel oils, all fuel tanks and storage areas shall be provided with locks and located on sealed areas, and within bunds of a capacity equal to 110% of the storage capacity of the largest tank; and

3. construction work force sewage discharges on site shall be connected to existing sewer or sewage treatment facilities. Portable chemical toilets shall be provided to construction workers.

4. any mechanical grabs shall be designed and maintained to avoid spillage and sealed tightly while being lifted during the construction period. For dredging of contaminated mud, closed watertight gabs shall be used;

5. silt curtains shall be deployed around dredging areas during the dredging and filling operation; no foam, oil, grease, sum, litter or other objectionable matter shall be caused to be present on the water within the site or dumping grounds during the construction period.

6. No foam, oil, grease ,sum, litter or other objectionable matters shall be caused to be presented on the water within the site or dumping grounds during the construction period.

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