ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTION 13

環 境 影 響 評 估 條 例
(第 499章)
第 13條

ENVIRONMENTAL PERMIT TO CONSTRUCT
A DESIGNATED PROJECT

建 造 指 定 工 程 項 目 的 環 境 許 可 證

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

Pursuant to Section 13 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) amends the Environmental Permit No.EP-047/2000 granted to KOWLOON CANTON RAILWAY CORPORATION (the "Permit Holder") on 6 January 2000. This amended Permit is for the construction of the designated project described in Part B subject to the conditions described in or attached to Part C. The Environmental Permit No. EP-047/2000 is hereby replaced by this amended Environmental Permit.

The issue of this Environmental Permit is based on the documents, approvals or permissions described below:

根 據 環 境 影 響 評 估 條 例 第 13條 的 規 定 ， 環 境 保 護 署 署 長 （ 署 長 ） 現 修 訂 於 2000年 1月 6日 批 予 九 廣 鐵 路 公 司 (許 可 證 持 有 人 )的 環 境 許 可 證 編 號 EP-047/2000。 許 可 証 持 有 人 可 根 據 本 經 修 訂 的 環 境 許 可 證 建 造 B部 所 說 明 的 指 定 工 程 項 目 ﹐ 但 須 遵 守 C部 所 說 明 或 附 載 的 條 件 。 環 境 許 可 證 編 號 EP-047/2000已 被 本 經 修 訂 的 環 境 許 可 證 所 取 代 。

本 經 修 訂 的 環 境 許 可 證 乃 依 據 下 列 文 件 、 批 准 或 許 可 條 件 而 簽 發 -

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 :

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

PART C (PERMIT CONDITIONS)

1 General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this 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 the 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 other.

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 or at a convenient location 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 Copies of the EIA Report shall be kept in the Resident Engineer's office and the Contractor's office(s) 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 and the requirements of this Environmental Permit.

1.9 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 other wise specified by the Director.

1.10 All finalized submissions, as required under this Permit, shall be released to the public 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 submission.

1.11 Amendments to approved/deposited submissions required under this Permit shall be verified by the Independent Environmental Checker, to be employed under condition 2.2, as confirming 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.

2 Submissions and Measures for the Construction of the Project

2.1 An Environmental Team (ET) shall be established before the commencement of construction of the Project. The ET shall be headed by an Environmental Manager (EM) who has at least 7 years experience in environmental monitoring and auditing (EM&A) or environmental management. The EM shall be responsible for the implementation of the environmental mitigation measures recommended in the EIA Report.

2.2 An Independent Environmental Checker (IEC) shall be employed before the commencement of construction of the Project. The IEC shall have at least 7 years experience in EM&A or environmental management. The IEC shall audit the implementation of all environmental mitigation measures and any other submissions required under this Permit.

2.3 The Permit Holder shall deposit with the Director 3 sets of 1 to 250 scale layout drawings and an Explanatory Statement to show the works boundaries, ancillary road alignments and other facilities assessed in the EIA Report. The layout drawings, the locations of mitigation measures and the Explanatory Statement so provided shall be verified by the IEC, as conforming to the information and recommendations contained in the EIA Report and with the requirements of this Environmental Permit. The Project shall be constructed in accordance with the information and recommendations contained in the EIA Report and with the requirements of this Environmental Permit.

2.4 The Permit Holder shall design and construct the loading/unloading bays of the Wholesale Pond Fish Market and the market structure in accordance with the detailed layout drawings No. DD200/10/A02/702, DD200/10/A02/703 and DD200/10/A04/712 (attached as Figures 2, 3 and 4 of this Permit).

2.5 The Permit Holder shall design and construct the market stalls in accordance with detailed design drawings No. DD200/10/A04/701 and DD200/10/A04/711 (attached as Figure 5 and 6 of this Permit) to allow for free air movement.

2.6 This Permit is deemed to be revoked when the Short Term Tenancy of the Wholesale Pond Fish Market is terminated by the Lands Authority.

2.7 Within 4 weeks of the completion of the construction works of the market structure as per the requirements of conditions 2.4 above, the Permit Holder shall submit to the Director 3 sets of, 1 to 250 scale, "as-built" layout and elevation drawings of the Wholesale Pond Fish Market.

2.8 Within 4 weeks of the completion of the construction works of the market structure as per the requirements of conditions 2.5 above, the Permit Holder shall submit to the Director 3 sets of, 1to 250 scale, "as-built" sections and elevations drawings of the Market structure.

2.9 The Permit Holder shall implement measures described in Annex A to mitigate the construction dust impacts during construction.

2.10 The Permit Holder shall implement measures described in Annex B to mitigate the construction noise impacts during construction.

2.11 The Permit Holder shall design and construct the drainage system, as conforming to the information and recommendations contained in the EIA Report, including:

(a) interceptors to be installed to floor drains;

(b) grating to be provided over the surface channels of an appropriate grate size;

(c) installation of vertical grates, removable for easy cleaning, in the surface channels at a frequency of one grate for every six market stalls;

(d) widening of the width of the surface channel at the point where the surface channel meets the outlet point;

(e) fitting of a pyramid type grating above the outlet point with a hinged lid on it, together with vertical grates on either side of the pyramid trap;

(f) installation of a removable sump bucket, under the pyramid grating, with drain holes.

3. Submissions and Measures to Confirm the Environmental Performance of the Construction of the Project

3.1 Within the three year operation period of the Wholesale Pond Fish Market, the Permit Holder (Kowloon Canton Railway Corporation) shall monitor the noise performance of the constructed Wholesale Pond Fish Market and report monthly to the Director, for his consideration of whether there is potential adverse noise impact at the facade of the sensitive receiver(s) at Yuen Long Planning Area 12 and Area 15.

3.2 Should the Director consider that the noise performance of the constructed Wholesale Pond Fish Market unlikely to achieve the requirements of the EIA Study Report for the noise sensitive receiver(s) at Yuen Long Planning Area 12 and 15 during the three years operation period of the Wholesale Pond Fish Market, the Permit Holder (Kowloon Canton Railway Corporation) shall implement mitigation measures identified in the EIA Report and as agreed by the Director, to the Director's satisfaction, to avoid adverse environmental impacts.

3.3 Within the three year operation period of the Wholesale Pond Fish Market, the Permit Holder (Kowloon Canton Railway Corporation) shall liaise with the future operator of the Wholesale Pond Fish Market, to ensure good house keeping and operational practices, such as switching off vehicular engines and pumps during unloading, are implemented.

3.4 Within the three year operation period of the Wholesale Pond Fish Market, the Permit Holder (Kowloon Canton Railway Corporation) shall monitor and review the effectiveness of the environmental performance of the Project and report monthly to the Director, for his consideration of whether additional environmental mitigation measures shall be implemented. If additional measures are considered necessary by the Director to avoid adverse environmental impacts, upon a written notice issued by the Director, the Permit Holder shall:

i) Reprovide the loading/unloading bays of the Wholesale Fish Market at the east side of the site;

ii) Retrofit the market structure to ensure no opening or only insulated opening along the western facade. This may include retrofit of cover and boundary walls to contain noise impacts to noise sensitive receiver(s);

iii) Provide the programme and drawing(s) of the proposed retrofit works to the Director for approval at least one month prior to the commencement of relevant works and implement the proposed works;

iv) Provide additional mechanical ventilation, if required by the Director, to provide effective air movement within the Wholesale Pond Fish Market, to ensure the dilution of odour and prevent the accumulation of vehicle exhaust fumes from nearby roads. The design and implementation programme of the mechanical ventilation system shall be provided to the Director for approval at least one month prior to the commencement of the works.

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 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 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 Environment and Food, may suspend, vary or 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 or operation, an 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 without an environmental permit.

6. 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.

7. 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.

8. Under section 17 of the EIA Ordinance, the applicant may appeal to the Appeal Board against the Director's decision within 30 days of receipt of this amended environmental permit

Annex A

Measures to Mitigate Construction Dust Impacts

To mitigate the environmental impact from construction dust, the following mitigation measures shall be implemented:

(a) Dropping heights for excavated materials should be controlled to a practical height to minimize the fugitive dust arising from loading and unloading;

(b) During transportation by truck, materials should not be loaded to a level higher than the side and tail boards, and should be dampened or covered before transport off-site;

(c) Wheel washing facilities should be provided at the exit of work sites;

(d) All stockpiles of aggregate or spoil should be enclosed or covered with regular watering in dry or windy conditions; and

(e) Effective and regular watering should be implemented on the site at potential emission sources.

Annex B

Measures to Mitigate Construction Noise Impacts

To mitigate the environmental impact from construction noise, the following mitigation measures shall be implemented:

(a) Only well-maintained plant should be operated on-site and plant should be serviced regularly according to the construction programme;

(b) Machines and plant (such as trucks) that may be in intermittent used should be shut down between work periods or should be throttled down to a minimum;

(c) Plant known to emit noise strongly in one direction, should, where possible, be orientated so that the noise is directed away from nearby NSRs;

(d) Silencers or mufflers on construction equipment should be utilized and should be properly maintained during the construction period;

(e) Mobile plant should be sited as far away from NSRs as possible;

(f) Mobile noise barriers should be positioned within a few meters of noisy plant items such as breakers and excavators;

(g) Barriers should be lined with acoustic absorptive materials; and

(h) Site hoardings, as recommended to ameliorate unsightly visual appearances, should be provided for screening of works from low level NSRs.

Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6

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