3. Submissions or Measures during the Construction Period

3.1 All designs and measures described in the approved submissions under Conditions 2.4 to 2.7 shall be fully implemented.

3.2 Prior to the operation of the Project, the Project shall be constructed with the Multi-plenum System as described in Condition 2.8 and the approved drawings under that condition.

3.3 Prior to the operation of the Project, the noise barriers and enclosures shall be constructed as described in Figures 1 to 10 and Table 1 as attached to this permit.

3.4 Prior to the operation of the Project, the Permit Holder shall submit to the Director for approval 3 copies of a performance test proposal to 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 Condition 2.8 above. The performance test proposal shall be verified and certified by the IEC.

3.5 Prior to the operation of the Project, the Permit Holder shall deposit with the Director a report, on the basis of Condition 3.4. The performance test report shall be verified and certified by the IEC.

3.6 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.

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

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

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

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

3.11 Any change to environmental mitigation measures shall be verified and certified by the IEC as conforming to the information and recommendations contained in the EIA Report before implementation. The verified and certified changes shall be documented in the immediately following monthly EM&A report as required under the approved EM&A Manual submitted under Condition 2.3.

4. Submissions or Measures during the Operation of the Project

4.1 Measures described in Conditions 3.2 and 3.3 above shall be in place and maintained during the operation of the Project.

4.2 During operation of the Project, the Permit Holder shall implement the measures in Appendix E to control run-off.

5. Environmental Monitoring and Audit

5.1 The enhanced EM&A programme shall be implemented as set out in the approved EM&A Manual submitted under Condition 2.3. Any change to the enhanced EM&A programme shall be justified and certified by the IEC as conforming to the requirements set out in the approved EM&A Manual before submission to the Director for approval.

5.2 Samples and measurements for air quality, water 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, water quality, and noise, as set out in the approved EM&A Manual;

b) conducting impact monitoring on air quality, water 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.

5.3 One hard copy of the Baseline Monitoring Report as required under the approved EM&A Manual shall be verified and certified by the IEC and shall be submitted 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.

5.4 One hard copy of monthly EM&A Reports as required under the approved EM&A Manual shall be verified and certified by the IEC and shall be submitted 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.

5.5 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 submitted at the same time as the hard copies as described in Conditions 5.3 and 5.4. 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.

5.6 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 5.7 of the permit.

5.7 All environmental monitoring data as described in Condition 5.2 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.

5.8 The internet website as described in Condition 5.7 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.

5.9 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 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.

Appendix A

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

(a) Construction Runoff

(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.

(b) Dredging and Marine Disposal of Dredged Sediment

During dredging works associated with the construction of foundations for viaducts over the Shing Mun River, and Siu Lek Yuen and Tai Shui Hang Nullahs, the following mitigation measures shall be implemented to minimise the potential water quality impact during dredging:

(i) contaminated sediments shall be dredged using grabs of no more than 8 m3;

(ii) barges shall be fitted with tight fitting seals to their bottom openings to prevent leakage of material;

(iii) barge loading shall be accurate to avoid splashing dredged material into the surrounding water; and

(iv) construction works shall cause no visible foam, oil, grease, scum, litter or other objectionable matter to be present in the water within the site or dumping grounds;

(c) 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.

(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:

Appendix E

Measures to Mitigate Environmental Impacts from Runoff During Operation

(a) along entire MOS alignment, a surface water drainage system shall be provided to collect track runoff. Where oils and lubricating fluids could be spilt, the track drainage channels discharge shall pass through oil interceptors and sediment traps to remove oil, grease and sediment before being diverted to the public storm water system;

(b) at stations, the depot and along the entire MOS alignment, silt traps, sediment basins and oil interceptors shall be designed to appropriate design standards, and whilst in use, regularly cleaned and maintained in good working order. The efficiency of these installations is dependent on regular cleaning and maintenance;

(c) at all areas with the potential for the generation of contaminated effluent long entire MOS alignment (particularly the depot), on-site drainage shall focus on areas where contaminated effluent may be generated and provide a clear segregation of clean and contaminated effluents; and

(d) at stations, the depot and along the entire MOS alignment, oily contents of oil interceptors shall be collected for recycling, or transferred to an appropriate disposal facility.

Table 1 - Noise barriers and Enclosures
(Extracted from Table 4.5h of the EIA Report and the Application VEP-012/2000)

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