Environmental Permit No.EP-175/2003/A
環境許可證編號 EP-175/2003/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10 & 13條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) granted the Environmental Permit to the Hyundai – CCECC Joint Venture (hereinafter referred to as the "Permit Holder") on 31 October 2003. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-175/2003) based on the Application No. VEP-131/2004. The amendments, described below, are incorporated into this Environmental Permit (EP-175/2003/A). This Environmental Permit as amended is for the construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.
根據《環境影響評估條例》（環評條例）第10條的規定，環境保護署署長（署長）於2003年10月31日將環境許可證編號 EP-175/2003 批予現代-中土聯營 (下稱“許可證持有人”)。根據環評條例第 13條的規定，署長因應申請書編號 VEP-131/2004修訂環境許可證編號 EP-175/2003。下文說明的修訂，已包含在本環境許可證內（編號EP-175/2003/A）。本經修訂的環境許可證，適用於建造及營辦本許可證B部所說明的指定工程項目，但須遵守本許可證C部所列明及附載的條件。
The issue of this amended environmental permit is based on the documents, approvals or permissions described below:
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﹕
|
Application No. 申請書編號 |
VEP-131/2004
|
|
||||||||||||||||||||||||||||||||||||
|
Document in the Register: 登記冊上的文件: |
(1) Project Profile – “Temporary Trucking Scheme for MARPOL Waste from Container Terminal No. 9 to Chemical Waste Treatment Centre” (Register No.: PP-197/2003)” (1) 工程項目簡介- 「由 9 號貨櫃碼頭至化學廢物處理中心的臨時海洋污染廢物運送計劃」(登記冊編號: PP-197/2003)
|
|
||||||||||||||||||||||||||||||||||||
|
Director’s Permission to Apply Directly for Environmental Permit 署長准許直接申請環境許可證
|
Letter Reference:(18) in Ax(5) to EP2/N3/G/34 信件檔號: (18) in Ax(5) to EP2/N3/G/34
Date: 26 September 2003 日期: 2003年9月26 日 |
|
||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||
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:
|
Title of Designated Project 指定工程項目的名稱
|
Temporary Trucking Scheme for MARPOL Waste from Container Terminal No. 9 (CT9) to Chemical Waste Treatment Centre (CWTC) [This designated project is hereinafter referred to as “the Project”]
由 9 號 貨 櫃 碼 頭 至 化 學 廢 物 處 理 中 心 的 臨 時 海 洋 污 染 廢 物 運 送 計 劃 [本指定工程項目下稱“工程項目”]
|
|
Nature of
Designated Project
|
MARPOL waste collected from ships will be pumped to road tankers for transportation to the Chemical Waste Treatment Centre (CWTC), and vice versa for the Recycled Fuel Oil (RFO). The temporary trucking scheme is scheduled to be commissioned by early 2004 until commissioning and acceptance of the new permanent MARPOL waste transferring system between the marine basin and CWTC by the Environmental Protection Department (EPD).
從船上收集所得的海洋污染廢物，將泵至缸車再運往化學廢物處理中心；而海洋污染廢物轉生燃料則循相反途徑運走。擬實施的臨時運送計劃，預計於二零零四年初開始運作，直至位於9 號貨櫃碼頭新建的永久海洋污染廢物接收設施投入服務及獲得環境保護署(簡稱「環保署」)認收為止。
|
|
Location of Designated Project 指定工程項目的地點 |
The site is situated on reclaimed land at the southern end of the CT-9 reclamation site, Tsing Yi. The location of the Project is shown in Figure 1 attached to this Permit.
有關設施位於青衣9 號貨櫃碼頭南端由填海所得的土地上。工程項目的位置載於本許可證圖1。
|
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
MARPOL waste reception facility at the marine basin and minor modification works of the existing facility at CWTC (Figure 2)
臨時運送計劃涉及在上述地點建造一條臨時道路及港池內的臨時海洋污染廢物接收設施，以及在化學廢物處理中心現址進行小規模改建工程 (圖2)。
|
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), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 EIA Ordinance Register Office.
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 and operation 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’s 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 and operate 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, constructed and operated in accordance with the information and recommendations described in the Project Profile (Register No. PP-197/2003) and the information and mitigation measures described in this Permit. Where recommendations referred to in the documents of the EIA Ordinance Register Office 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 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 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).
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 (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong), 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 submission.
1.11 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 2 weeks prior to the commencement of construction of the Project. The Permit Holder shall notify the Director in writing 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 Register Office. Electronic copies of all finalised 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 the hard copies.
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. Specific Conditions
2.1 The Permit Holder shall implement the following Measures during Operational Stage of the Project:
(a) The loading and unloading areas in the Chemical Waste Treatment Centre (CWTC) and the Marine Basin as shown in Figure 2 shall be sheltered and installed with collection drains and a sump pit in accordance with the Project Profile submitted for the application, Application No: DIR-089/2003. The loading and unloading areas shall be paved with an impermeable 250 mm thick asphalt surface or equivalent to prevent land contamination in the event of a spill. The berth for the storage barge at the marine basin shall be connected to the sheltered loading and unloading area with steel pipes of 100mm diameter in a 700mm(Width)x500mm(Depth) underground trench covered by 25mm-thick steel plate or 125mm-thick concrete slabs, filled with sand and lined with polythene sheet as shown in Figure 2.
(b) The loading and unloading operations shall be undertaken under the supervision of the staff of the CWTC. Spills shall be intercepted by the drainage system and collected in the sump pit within the sheltered loading and unloading areas as shown in Figure 2.
(c) The Emergency Response Plan in Annex D of the Project Profile shall be fully implemented, including but are not limited to the following requirements:
(1)The Permit Holder shall train workers and site personnel regarding the requirements under the Emergency Response Plan, run an emergency drill quarterly and appoint an Emergency Response Coordinator (ERC). In case of a spill, the ERC shall (i) give instruction to the Transportation Emergency Response Co-ordinator of the contractor of the CWTC, Enviropace, of any action need to be taken to control the spill; (ii) arrange an emergency team to the scene; (iii) notify the Environmental Protection Department of where and when the spill occurred; and (iii) contact Enviropace’s management about the spill.
(2)The Permit Holder shall make arrangement with the Fire Services Department, Hong Kong Police Force and Marine Department about the actions to be taken in accordance with the Emergency Response Plan.
(3)In case of a spill, all loading and unloading operation shall be halted and absorbents and drum shall be used to collect the leakage. In case of spill at sea, retainer boom shall be used to create a wrap around the barges/vessels and the contaminated areas. All the used absorbents and the waste collected shall be properly packaged, labeled, marked and described on a Trip Ticket in accordance with the Waste Disposal (Chemical Waste)(General) Regulation.
(4)After a spill has occurred, the Permit Holder shall resume the loading and unloading operation only after the faulty equipment and/or operation have been rectified and all the cleanup activities have been completed.
(5)All workers and site personnel shall be informed of any spill and emergency incident, and shall follow an evacuation procedure such as stop their work and operations, leave by the nearest escape route immediately, gather at the assembly point for head counting and report to Fire Services Department for searching of any missing person.
(d) The Project shall only be operated between 0700 hours in the morning and 2300 hours in the evening of the same day. Prior written approval from the Director shall be obtained if operation is required to be carried out other than this period.
(e) The route from the berth for storage barge at Marine Basin to the unloading station at the Chemical Waste Treatment Centre for MARPOL waste trucking shall be an asphalt paved road as shown in Figure 2.
(f) For transportation of MARPOL Annex I waste (flammable), Annex II waste and chemical wastes, between the Marine Basin and the CWTC (as shown in Figure 2), the vehicles to be used shall be the existing CWTC chemical waste collection vehicles and shall comply with the terms and conditions specified under the Waste Disposal (Chemical Waste)(General) Regulation for storage, collection and transport of chemical wastes.
(g) For transportation of MARPOL Annex I waste (other than MARPOL Annex I waste (flammable)) and Recycled Fuel Oil (RFO), between the Marine Basin and the CWTC (as shown in Figure 2), the trucks and containers shall be the International Organisation for Standardization (ISO) tankers with a carrying capacity of 18 cubic metres. The ISO tankers shall comply with the terms and conditions specified under the Waste Disposal (Chemical Waste)(General) Regulation for storage, collection and transport of chemical wastes.
(h) Temporary barriers, in the form of heavy concrete blocks of 0.5m height, shall be provided along the sides of the temporary route to prevent other vehicles from running onto the temporary route while trucking of MARPOL wastes, RFO and/or chemical wastes are occurring. If any other vehicles, which do not belong to this Project, require using of the route, the MARPOL waste trucking operation shall be temporarily suspended.
(i) Double valves shall be used for the inlet pipes in the loading and unloading areas.
(j) A ditch underlain with 2 layers of impermeable polythene sheet at the down-gradient side of the road with 300mm thick sand filled in shall be provided for entrapping the MARPOL waste in case of MARPOL waste spill on the temporary road in accordance with Figure 2.
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 condition of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works, 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 Environmental Impact Assessment Ordinance (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 Project site by the amended permit.
4. 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.
5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, Transport and Works, 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 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 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.
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.
10. MARPOL waste consists of 2 main types: MARPOL Annexes I and II. MARPOL Annex I waste includes all oil and petroleum derivatives, and also the low flash point compounds such as gasoline, jet fuels and naphtha. MARPOL Annex II waste includes all noxious substances listed in Appendix II of the Annex II MARPOL regulations and can be summarized as a large variety of organic and inorganic acids and alkalines and various organic compounds. All MARPOL Annex II waste is handled and treated as chemical waste in different process than MARPOL Annex I waste.