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.VEP-011/2000/A/EP-042 granted to KOWLOON CANTON RAILWAY CORPORATION (the "Permit Holder") on 1 April 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. VEP-011/2000/A/EP-042 are 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 4月 1日 批 予 九 廣 鐵 路 公 司 (許 可 證 持 有 人 )的 環 境 許 可 證 編 號 VEP-011/2000/A/EP-042。 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 VEP-011/2000/A/EP-042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 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 The Permit Holder shall ensure full compliance with all 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 others. This Permit does not of itself constitute any ground 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 by the Director at all the sites/offices covered by this Permit. Any reference to the Permit shall include the 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.

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 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.

1.6 The Permit Holder shall construct and operate the Project as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations described in the EIA Report (Register No. AEIAR-027/1999), supporting documents contained in the Application VEP-030/2000, other relevant documents in the Register, taking full account of information or mitigation measures, and variations of work described in this Permit, or mitigation measures to be deposited with or approved by the Director as a result of the permit conditions or on going surveillance and monitoring measures during all stages 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 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.

1.9 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 (Cap.499). All submissions or their variations shall be verified and certified by the Independent Environmental Checker (IEC) referred to in Condition 2.1 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 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 The Permit Holder shall notify the Director the commencement date of construction of the Project at least two weeks prior to the commencement of construction of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the construction.

1.12 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's Register Office at 27/F, Southern Centre, 130 Hennessy Road, Wanchai, Hong Kong.

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

2.1 Before the commencement of construction of the Project, the Permit Holder shall employ an Independent Environmental Checker (IEC) with at least 7 years experience in environmental monitoring and auditing (EM&A) or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual, and shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission 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.

2.2 An Environmental Team (ET) shall be established at least one month before the commencement of construction of the Project. The ET shall be headed by the ET leader who has at least 7 years' experience in environmental monitoring and audit (EM&A) or environmental management. The ET leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the approved EM&A Manual which forms part of the approved EIA Report. 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.

2.3 The Permit Holder shall submit to the Director for approval 3 sets of Waste Management Plan at least 4 weeks before the commencement of construction of the Project. The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall take into account the recommended mitigation measures contained in the EIA Report. The Plan shall incorporate site specific factors, such as the designation of areas for segregation and temporary storage of reusable and recyclable materials. The Plan shall be verified and certified by the IEC as being in conformity to the information and recommendations described in the EIA Report. All measures in the approved Waste Management Plan shall be fully implemented throughout the construction period.

2.4 The Permit Holder shall submit to the Director for approval 3 sets of Landscape Master Plan, of scale 1 to 1000 or other appropriate scale as agreed by the Director, no later than 6 months after the commencement of construction of the Project. The Plan shall show the detailed landscape proposals during the construction and operation stages of the Project, and shall include an implementation programme of landscape works. The Plan shall be verified and certified by the IEC as being in conformity to the information and recommendations described in the EIA Report and the supporting documents contained in the Application VEP-030/2000. The Permit Holder shall provide additional copies of the Plan to the Director upon request from the Director. All measures recommended in the approved Plan shall be fully implemented in accordance with the details and time schedule set out in the Plan.

2.5 The Permit Holder shall submit to the Director for approval 3 sets of drawings with an explanatory statement showing the environmental mitigation measures to the rectifier station (ie. R16 refers to in the EIA Report) and design of the associated ventilation at least six weeks before commencement of construction of the Project. The submission shall be verified and certified by the IEC as being in conformity to the findings and recommendations described in the EIA Report. The Permit Holder shall provide additional copies of the submission to the Director upon request from the Director.

2.6 The Permit Holder shall submit to the Director for approval 3 sets of Tree Planting Plan, of scale 1 to 1000 or other appropriate scale as agreed by the Director, at least 3 months before the commencement of construction of the Project. The Plan shall show the detailed tree planting works to be carried out within the Tuen Mun Town Park to compensate for loss of trees within the vicinity due to the Project. The Permit Holder shall provide additional copies of the Plan to the Director upon request from the Director. All measures recommended in the approved Plan shall be fully implemented in accordance with the details and time schedule set out in the Plan.

3. Submissions or Measures during the Construction Period

3.1 All designs and measures described in the submissions deposited or approved under Conditions 2.3 to 2.6 shall be fully implemented.

3.2 Measures described in Appendix A to mitigate environmental impacts from site runoff and drainage shall be fully implemented throughout the construction period.

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

3.4 Measures described in Appendix C to mitigate environmental impacts from landscape and visual shall be fully implemented throughout the construction period.

3.5 Measures described in Appendix D to mitigate environmental impacts from cultural heritage shall be fully implemented throughout the construction period.

3.6 The Permit Holder shall submit to the Director for approval 3 sets of an Environmental Management Plan (the Plan) within two months of the commencement of construction. The Plan shall be verified and certified by the IEC as being in conformity to the information and recommendations described in the EIA Report and the supporting documents contained in the Application VEP-030/2000. The approved Plan shall be released to the public as described in Condition 1.10. The Permit Holder shall deposit additional copies of the submission to the Director upon request from the Director. The approved Plan shall be fully implemented throughout the construction period after the Plan is approved by the Director. Failure to implement the approved Plan shall be a ground for enforcement action, or may render this permit liable for suspension, cancellation, or variation.

3.7 A 3 metre high hoarding shall be erected at the site boundary of the Hoi Wah Road work site along the Tuen Mun River Channel.

4. Submissions or Measures before Operation of the Project

4.1 The Permit Holder shall submit to the Director for approval 3 sets of performance test proposal to demonstrate that the operation of the Project would meet the following specifications :

(a) re-radiated noise from viaduct structure is at least 10dB(A) below the noise criteria of 65dB(A) L_max at 25m, at 50kph; and

(b) noise level at 2m from the transformer bays in the rectifier will be less than 66dB(A).

The performance test proposal shall be verified and certified by the IEC.

4.2 The Permit Holder shall deposit with the Director 3 sets of performance test report as referred to in Condition 4.1 above, at least two months prior to the commencement of operation of the Project. The performance test report shall be verified and certified by the IEC.

5. Submissions or Measures during Operation of the Project

5.1 Measures described in Appendix E to mitigate environmental impacts from run-off and drainage shall be implemented throughout the operation period.

6. Environmental Monitoring and Auditing Requirements

6.1 The EM&A programme shall be implemented as set out in the EM&A Manual which forms part of the EIA Report. Any change to the programme shall be justified and certified by the IEC as being in conformity to the requirements set out in the EM&A Manual before submission to the Director for approval.

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

(a) conducting baseline monitoring on air quality and noise as set out in the EM&A Manual;

(b) conducting impact monitoring on air quality and noise as set out in the EM&A Manual;

(c) in cases where specified criteria in the EM&A Manual are exceeded, carry out remedial actions in accordance with the Event/Action Plan, as set out in the 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 EM&A Reports and to make available the information for inspection on site.

6.3 One hard copy of the Baseline Monitoring Report shall be submitted to the Director 4 weeks before the commencement of any major construction works that would affect the monitoring results. The submission shall be verified and certified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

6.4 One hard copy of monthly EM&A Report shall be submitted to the Director within 10 working days from the end of the reporting month. The submission shall be verified and certified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.

6.5 An electronic copy of each of the Baseline Monitoring Report and monthly EM&A Report shall be submitted to the Director, at the same time as the submission of hard copies required under Conditions 6.3 and 6.4, to enable public inspection of the documents via the Environmental Impact Assessment Ordinance Internet Website. The electronic copy 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. For the HTML version, a content page capable of providing hyperlink of 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 interlaced Graphics Interchange Format (GIF) 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.

6.6 All environmental monitoring and audit data as 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 6.7 of the Permit.

6.7 All environmental monitoring data as described in Condition 6.2 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.

6.8 The internet website as described in Condition 6.7 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.

6.9 The actions described in the Event/Action Plans of the 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 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 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 or cancel this Permit. This 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. Any person who constructs or operates 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. Figure 2 attached in this Permit has been replaced, additional condition 2.6 has been added and conditions 1.7 and 3.1 have been amended as a result of Application No. VEP-011/2000.

Appendix A

Measures to Mitigate Environmental Impacts from Site Runoff and Drainage during Construction

The following shall be implemented at all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s):-

(a) Perimeter channels to intercept storm runoff from the outside of the site. These should be constructed in advance of earth works;

(b) Sand/silt removal facilities such as sand traps, silt traps and sediment basins and regular maintenance of these facilities to ensure proper functioning and efficient operation at all times. The design of silt removal facilities should be based on the guidelines in ProPECC Practice Note 1/94 issued by the Director;

(c) Careful programming of the works to minimize soil excavation works during rainy seasons (April to September). 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 with tarpaulin or other effective means;

(d) Open stockpiles of construction materials on site be covered with tarpaulin or similar fabric during rainstorms;

(e) Dikes or embankments for flood protection around the boundaries of earthwork areas;

(f) All fuel/oil tanks and chemical storage tanks/areas be provided with locks and be sited on sealed areas, within bunds of a capacity equal to 110% of the storage capacity of the largest tank, to prevent spilled fuel oils from reaching the receiving water bodies;

(g) Wheel washing facilities at each of the site entrance and regular maintenance of these facilities to ensure proper functioning and efficient operation at all times;

(h) Oil interceptors be provided in the drainage system downstream of any oil/fuel pollution sources associated with construction. Regular maintenance of the oil interceptors to prevent the release of oil and grease into the storm water drainage system after accidental spillage. The interceptor shall have a bypass to prevent flushing during periods of heavy rain.

(i) Temporary and permanent drainage pipes and culverts be provided to facilitate runoff discharge. The temporary and permanent drainage pipes and culvert be adequately designed for the controlled release of storm flows. All these measures be regularly inspected and maintained to ensure good working conditions at all times and particularly following rainstorms. Temporarily diverted drainage be reinstated to its original condition when construction works has finished or the temporary diversion is no longer required; and

Portable chemical toilets and sewage holding tanks by a licensed contractor to handle the construction sewage generated by workers from both the construction areas and dispersed along the alignment. Regular waste disposal and maintenance of these facilities by a licensed contractor to ensure proper functioning.

Appendix B

Measures to Mitigate Environmental Impacts from Construction Noise

Except for the site formation work of the Project at Pui To Road (i.e., LRT Tuen Mun Station and San Fat Light Rail Stop), the construction programme should be scheduled to avoid overlapping of construction work of the Project with that of the West Rail within the site boundary of the Project as to minimize cumulative impact.

Throughout the construction period of the Project, mitigation measures for specific construction activities at specific locations shall be implemented in accordance with Table 7.10 of the EIA Report and the supporting documents contained in the Application VEP 030/2000. Corresponding mitigation measures for each construction activity to result in the lowest worst case maximum cumulative construction noise level indicated in Table 7.10 the EIA Report and the supporting documents contained in the Application VEP 030/2000 during each construction phase shall be used. Mitigation measures M1 to M4 the table are defined as follows:-

M1: Use of Quiet Plant and Working Methods

Throughout the full duration of the construction contract(s), models of plant which comply with the BS 5228 Part 1 or EPD's "Technical Memorandum on Noise from Construction Work in Designated Areas" shall be used.

M2: Temporary and Movable Noise Barriers

Throughout the full duration of the construction contract(s), hoarding(s) of height 3-5 metres along the site boundary and temporary purpose built or movable noise barrier(s) shall be provided within a few metres of stationary plant (air compressor, water pump, concrete pump, generator, poker vibrator, etc.) and within about 5 m of mobile equipment (excavator, lorry, roller, dump truck, concrete lorry mixer and mobile cranes, etc.) such that the line of sight is blocked by the barriers viewed from the noise sensitive receivers (NSRs). Where high-rise Noise Sensitive Receivers (over 5 storeys) may be affected, the use of cantilevered top cover(s) shall be provided, whenever practicable. The surface density of the barrier(s) / hoarding(s) shall not be less than 7kg/m2.

M3: Delocalization of Equipment in Critical Areas and 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.

M4: Limiting Operation Time of Construction Equipment On-Site

The operation time of dump trucks at the vicinity is reduced to less than or equal to 50 percent, that is, less than or equal to 15 minutes within any 30-minute interval.

Appendix C

Measures to Mitigate Environmental Impacts from Landscape and Visual 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:-

(a) Any topsoil encountered during construction should be carefully stockpiled and provision be made for its reuse in suitable planting areas;

(b) Use of 3-5 metre high hoarding(s) at the perimeter of the designated LRT reserve to screen the majority of the work site from view; and

(c) Tree and shrub planting within the railway reserve to soften the visual impact of the viaduct, and make use of climbing plants to soften the appearance of viaduct column as per the approved Landscape Master Plan(s).

Appendix D

Measures to Mitigate Environmental Impacts from Cultural Heritage 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:-

(a) An archaeological evaluation during the construction phase. The evaluation shall adopt a minimum 5% sampling strategy for the support columns of the viaduct. The selected column footings should be pre-excavated prior to the onset of construction activities in order to retrieve sufficient information to assess the impact of the railway; and

(b) If pre-excavation of selected columns is not possible, the posting of an archaeological watching brief shall be carried out. The watching brief may need to be extended to cover a larger sample if positive results are gained. The archaeological evaluation and watching brief shall be conducted by a qualified archaeologist, who is licensed by the Antiquities Authority before the evaluation or watching brief takes place. The Permit Holder or their contractor shall inform the Antiques and Monuments Office (AMO) of the time schedule of the archaeological evaluation or watching brief and notify the AMO 2 weeks prior to the commencement of the archaeological evaluation or watching brief to allow AMO to arrange for on-site monitoring works.

Appendix E

Measures to Mitigate Environmental Impacts from Site Runoff and Drainage during Operation

To mitigate the environmental impacts from site runoff and drainage during the operational phase, the following shall be implemented:

(a) A surface water drainage system shall be provided to collect the track runoff. Where oil and lubricating fluids can be spilt, the tract drainage channels discharge shall pass through oil/grit interceptors/chambers, or a sub-soil drainage system to remove oil, grease and sediment before being pumped to the public stormwater drainage system.

(b) Silt traps and oil interceptors shall be cleaned and maintained regularly to ensure proper functioning and efficient operation.

(c) Oily contents of the oil interceptors shall be transferred to an appropriate disposal facility, or to be collected for reuse, if possible.

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