Environmental Permit No. EP-071/2000/C
環境許可證編號 EP-071/2000/C
ENVIRONMENTAL IMPACT ASSESSMENT
ORDINANCE
(CHAPTER 499)
SECTIONS 10 and 13
環境影響評估條例
(第499章)
第10 及 13條
ENVIRONMENTAL PERMIT TO CONSTRUCT
AND OPERATE DESIGNATED PROJECT(S)
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 Ordinance), the Director of Environmental Protection (the Director)
granted the Environmental Permit (EP-071/2000) to the Hongkong Electric
Co., Ltd (hereinafter referred to as the “Permit Holder”) on 8 August
2000. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental
Permit (No. EP-071/2000/B) based on the Application No. VEP-174/2005. The
amendments, described below, are incorporated into this Environmental Permit
(No. EP-071/2000/C). 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 (條 例 )第 10條 的 規 定 ， 環 境 保 護 署 署 長 （ 署 長 ） 於 2000年
8月 8日 將 環 境 許 可 證 (EP-071/2000)
批 予 香 港 電 燈 有 限 公 司 (下 稱
"許 可 證 持 有 人 ")。 根 據 條 例 第
13條 的 規 定 ﹐ 署 長 因 應 更 改 環 境 許 可 證 的 申 請 編 號 VEP-174/2005修 訂 環 境 許 可 證 編 號 EP-071/2000/B。 以 下 修 訂 已 包
含 在 本 環 境 許 可 證 內 (EP-071/2000/C)。 本 經 修 訂 的 環 境 許 可 證 作
為 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 說 明 或 附 載 的 條 件 。
This
Environmental Permit is based on the documents, approval and applications
described below :-
本 環 境 許 可 證 乃 依 據 下 列 文 件 、 批 准 及 申
請 而 簽 發 -
|
Application No.: |
VEP-174/2005 |
|
Document
in the Register : Document in the Register : |
1.
Environmental
Impact Assessment of a 1,800MW Gas-Fired Power Station at Lamma Extension 南 丫 擴 建 之
1,800兆 瓦 燃 氣 發 電 廠 環 境 影 響 評 估 2.
The Director's
letter of approval of the EIA Report dated 5 May 1999, referenced (14) to
EP2/N9/D/60 Pt.3. 署 長 於 1999年 5月 5日 發 出 批 准 環 評 報 告 的 信 件
(檔 案 編 號 ：
(14) to EP2/N9/D/60 Pt.3.) 3.
Environmental
Permit Issued - Permit No. EP071/2000 issued on 8 August 2000 已 簽 發 的 環 境 許 可 證 - 許 可 證 編 號 : EP-071/2000; 於
2000年 8月 8日 簽 發 4.
Application for
Variation of an Environmental Permit No. VEP-033/2000. [Hereafter referred to
as "the Application VEP-033/2000] 申 請 更 改 環 境 許 可 證 編 號 VEP-033/2000。 [下 稱 "申 請 書 編 號 VEP-033/2000"] 5.
Environmental
Permit Issued - Permit No. EP071/2000/A issued on 22 December 2000 已 簽 發 的 環 境 許 可 證 - 許 可 證 編 號 : EP-071/2000/A; 於
2000年 12月 22日 簽 發 6.
Application for
Variation of an Environmental Permit No. VEP-047/2001. [Hereafter referred to
as "the Application VEP-047/2001] 申 請 更 改 環 境 許 可 證 編 號 VEP-047/2001。 [下 稱 "申 請 書 編 號 VEP-047/2001"] 7.
Environmental
Permit Issued - Permit No. EP071/2000/B issued on 13 July 2001 已 簽 發 的 環 境 許 可 證 - 許 可 證 編 號 : EP-071/2000/B; 於
2001年 7月 13日 簽 發 8.
Application for
Variation of an Environmental Permit No. VEP-174/2005. [Hereafter referred to
as "the Application VEP-174/2005] 申 請 更 改 環 境 許 可 證 編 號 VEP-174/2005。 [下 稱 "申 請 書 編 號 VEP-174/2005"] |
|
Application No. 申請編號 |
Date
of Application 申請日期 |
List
of Amendments Incorporated into Environmental Permit 已包含在環境許可證內的修訂項目 |
Date
of Amendments 修訂日期 |
|
VEP- 033/2000 |
25 November 2000 2000年11月25日 |
(1)
Vary Conditions 1.11, 2.2, 2.4, 2.6 and
2.7 in Part C of EP-071/2000 |
22 December 2000 2000年12月22日 |
|
VEP- 047/2001 |
20 June 2001 2001年6月20日 |
(1)
Vary Condition 3.3 in Part
C of EP-071/2000/A |
13 July 2001 2001年7月13日 |
|
VEP- 174/2005 |
23 April 2005 2005年4月23日 |
(1)
Vary Conditions 1.8, 3.8 and 3.9 in Part
C of EP-071/2000/B 更改環 境許 可 證編 號 EP-071/2000/B C部條件第1.8,
3.8及3.9項
(2)
Add Condition 3.10 in
Part C of EP-071/2000/B 加入環 境許 可 證編 號 EP-071/2000/B C部 條件第3.10項
(3)
Add Figure
C1 |
18 May 2005 2005年5月18 日 |
|
18 May 2005 |
|
|
|
Date 日期 |
|
(Simon Y. M. HUI) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 許一鳴代行) |
PART
B (DESCRIPTION OF DESIGNATED PROJECT(S))
B部 (指定工程項目的說明)
Hereunder is the description
of the designated project(s) mentioned in Part A
of this environmental permit (hereafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提及的指定工程項目的說明 :
|
Title of Designated Project(s) 指定工程項目的名稱 |
a)
Reclamation works for the formation of 22 hectares Lamma
Extension site. b)
Construction and operation of a 1,800MW gas-fired combined
cycle plant at the Lamma Extension site and associated transmission system. 建 造 及 營 辦 位 於 南 丫 島 擴 建 廠 址 的 一 座 1,800兆 瓦 燃 氣 聯 合 循 環 發 電 廠 及 相 關 輸 電 系 統 。 c)
Laying and operation of a submarine pipeline to supply gas
from a regional liquefied natural gas (LNG) terminal in Shenzhen to the Lamma
Extension site. |
|
Nature of Designated Project(s) 指定工程項目的性質 |
a)
Reclamation works (including associated dredging works)
more than 5ha in size. 超 出 5公 頃 的 填 海 工 程 (包 括 相 聯 挖 泥 工 程 )。 b)
Public utility electricity power plant. 公 用 事 業 電 力 廠。 c)
A submarine gas pipeline. 海 底 氣 體 管 道。 |
|
Location of Designated Project(s) 指定工程項目的地點 |
a)
南 丫 島 (在 現 有 南 丫 島 發 電 廠 之 南 面 )。 b)
From a regional LNG terminal in Shenzhen to 由 深 圳 的 液 化 天 然 氣 站 至 南 丫 島。 (The location(s) and
alignment(s) of this/these designated project(s) is/are shown in Figures
A1 and A2 at Appendix A
attached with this Permit.) |
|
Scale and Scope of Designated Project(s) |
The projects include
the reclamation works for the formation of a 22ha Lamma Extension site to the
south of the existing Lamma Power Station; construction and operation of a
1,800MW power plant (6x300MW gas-fired combined cycle units) on the Lamma
Extension site and the associated transmission cable from the power plant to
the landing point at Telegraph Bay; and construction and operation of about
90km submarine gas pipeline to supply gas from a regional LNG terminal in
Shenzhen to the power plant. |
1. General
Conditions
1.1
The Permit Holder shall ensure full compliance with all conditions of
this environmental permit. Any non-compliance may constitute a contravention of
the Environmental Impact Assessment Ordinance (Cap. 499) and may become subject
of appropriate action to be 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 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). 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
or his authorized officers at all sites 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 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. The site(s) refers
to the site(s) of the construction, operation and/or decommissioning of the Project(s)
and shall mean the same hereinafter.
1.5
The Permit Holder shall display a copy of this Permit 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. The suspended, varied or cancelled Permit shall be removed from the
display at the construction site(s).
1.6
A copy of the EIA Report shall be kept in the Engineer's office and
another copy shall be kept in the Contractor's office on site for reference.
1.7
The Permit Holder shall construct and operate the Project(s) in accordance
with the project descriptions in Part B of this Permit.
1.8
The Permit Holder shall ensure that the Project(s) is designed,
constructed and operated in accordance with the information and recommendations
contained in the EIA Report. (Register No. AEIAR-010/1999) and the application
documents for variation of an environmental permit (the Applications
VEP-033/2000, VEP-047/2001 and VEP-174/2005); other relevant documents in the
Register; and the information or mitigation measures described in this Permit,
or mitigation measures to be recommended in submissions that shall be deposited
with or approved by the Director as a result of permit conditions contained in
this Permit, or mitigation measures to be recommended under on-going
surveillance and monitoring activities during all stages of the Project(s).
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.
1.9
All deposited submissions, as required under this Permit, shall be
rectified and re-submitted in accordance with the comments, if any, made by the
Director, within one month of the receipt of the Director's comments or
otherwise as specified by the Director.
1.10
The Permit Holder shall release all finalized submissions, as required
under this Permit, to the public, if requested by the Director, by depositing
copies in the Environmental Impact Assessment Ordinance Register Office or 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 submissions.
1.11
The Permit Holder shall notify the Director in writing the commencement
date of construction of the Project(s) no later than one month before the
commencement of any construction activities of the Project(s). The Permit
Holder shall notify the Director in writing immediately if there is any change
of the commencement date of the Project(s).
1.12
The Permit Holder shall notify the Director in writing the
commissioning date of the Project(s) no later than three months before the
commissioning of the first 300MW unit. The Permit Holder shall notify the
Director in writing immediately if there is any change of the commissioning
date of the Project(s).
1.13
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 (currently at 27/F, Southorn Centre, 130
Hennessy Road, Wanchai, Hong Kong).
2. Submissions
or Measures before Commencement of Construction
2.1 An
Environmental Team (ET) shall be established at least 6 months before the
commencement of construction of the Project(s). The ET shall be headed by a
team leader who has at least seven years' experience in environmental
monitoring and auditing (EM&A) or environmental management. The ET Leader
shall be responsible for the implementation of the EM&A programmes in
accordance with the EM&A requirements as contained in the EIA report, and
the approved EM&A manuals submitted under Conditions 2.4 and 4.2 of this
Permit. In addition, the ET Leader shall be responsible for certifying the
environmental acceptability of permanent and temporary works, relevant design
plans and submissions.
2.2 The Permit
Holder shall employ an Independent Environmental Checker (IEC) at least two
months before the commencement of construction of the Project(s). The IEC shall
have at least 7 years' experience in EM&A or environmental management. The
IEC shall audit the overall EM&A programmes including the implementation of
all environmental mitigation measures, submissions relating to EM&A, and
other submissions 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.
2.3 All
submissions for approval and deposition under Section 2 of this Permit shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA report before submission
to the Director.
2.4 At least
two weeks before commencement of the construction of the Project(s), the Permit
Holder shall submit an EM&A manual for the construction of the Project(s)
to the Director for approval. No construction works shall commence before the
Director has approved the EM&A manual. The EM&A manual approved under
this condition shall hereinafter be referred to as the "EM&A Manual
(Construction Phase)".
2.5 The Permit
Holder shall, within one month after the commencement of construction of the
Project(s), inform the Director in writing the management organization of the
main construction companies and/or any form of joint ventures associated with
the construction of the Project(s). The submitted information shall include at
least the organization chart, names of responsible persons and their contact
details.
Specific Submissions for the Reclamation Works & 1,800MW
Power Plant
2.6 The Permit
Holder shall, no later than two weeks before the commencement of the dredging
or reclamation works at the Lamma Extension site, deposit with the Director the
plan(s) showing:-
(i)
the locations, the dimensions, and sequences scheduled for dredging and
reclamation works;
(ii)
the routing of all construction related marine vessels. The routing
shall avoid disturbance to the finless porpoise at the southern waters; and
(iii)
the dimensions, the locations, the method of installation, and the
method of removal of silt curtains.
2.7 The Permit
Holder shall deposit with the Director a Waste Management Plan no later than
two weeks prior to the commencement of construction of the Project(s). 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
recommendations of the EIA report. Such a management plan shall include the
designation of areas for segregation and temporary storage of reusable and
recyclable materials.
2.8 The Permit
Holder shall deposit with the Director three sets of Landscape Plan no later
than three months before commencement of the landscape works of the Project(s).
The Plan shall include an explanatory statement and drawings in 1:1000 scale or
other appropriate scale outlining the visual and landscape mitigation measures.
Specific Submissions for Transmission System
2.9 The Permit
Holder shall deposit with the Director three sets of layout drawings no later
than three months prior to the commencement of construction of the transmission
system, of a scale 1 to 500 or other appropriate scale showing the works boundaries,
co-ordinates of the transmission cables and the locations of mitigation measures
recommended in Section 10.3, Part C of the EIA Report.
2.10. The Permit Holder shall deposit
with the Director three sets of plans showing location of the fences along
the boundary of construction sites for cable landing points N4 and N5 and
the connecting cable trough as described in Figures
B1 and B2 at the Appendix B attached
with this Permit, no later than three months prior to the commencement of
construction of the transmission system at these locations. The fences are
installed to prevent tipping, vehicle movements, and encroachment of personnel
into adjacent wooded areas, particularly where the rare, uncommon and restricted
plant species are located.
2.11 The Permit Holder shall
deposit with the Director three sets of Landscape Plan outlining the visual and
landscape mitigation measures, and the amenity facilities for the landing
points N2, N4 and N5 areas, and for the cable trough area between N4 and N5, no
later than three months prior to the commencement of the landscaping works at
these areas.
Specific Submission for Gas Pipeline
2.12 The Permit Holder shall deposit with the Director a report demonstrating the measures as described in Section 4.7.5, Part B of the EIA report to prevent methane (CH4) leakage from the fuel gas supply system no later than three months prior to the commencement of the pipeline construction works.
3. Measures
During the Construction Period
3.1 All designs or construction
measures described in the submissions approved or deposited under Section 2 of
this Permit shall be properly implemented.
Reclamation Works and 1800MW Power Plant
3.2 Silt
curtains enclosing the dredging and reclamation works areas shall be installed
as described in the plan(s) submitted under Condition 2.6 (iii) above prior to
the commencement of dredging and reclamation works at the Lamma Extension site.
The silt curtains shall be maintained in good working condition.
3.3 The
following dredging scenario shall be allowed during reclamation works:
(i)
a maximum of 5 grab dredgers and each with a grab size of not less than
10 m3 operating concurrently; and
(ii)
during the ebb phase of the tidal cycle, a total rate of dredging of no
more than 52,667 m3 per day; and
(iii)
during the flood phase of the tidal cycle, a total rate of dredging of
no more than 40,667 m3 per day.
3.4 Combined
dredging and sand filling for site formation of the power plant shall not be
permitted to take place concurrently at any one time. Sand filling for site
formation of the power plant shall take place behind seawalls which shall
protrude above the water surface.
3.5 No
storm drain outlets shall be facing Hung Shing Ye Bay.
3.6 Rubble
mound seawalls shall be constructed along the southern and western edges of the
reclamation for the power plant to enhance recolonisation of marine organisms.
3.7 Artificial
reefs of a volume not less than 400m3 shall be deployed in locations
to be decided upon consultation with the Director within 2 years after
construction of the rubber mound seawalls as described in Condition 3.6 above
to serve the purpose of habitat enhancement measures. The actual volume shall
be decided based on the findings of the ecological monitoring programme as
stipulated in the EM&A Manual (Construction Phase) approved under Condition
2.4 above.
Gas Pipeline
3.8 The
following rates of dredging for the trenches and of pipeline jetting shall be
adopted respectively:
(i)
a single small grab dredger with a maximum daily rate of working of
2,400 m3
(ii)
maximum forward speed of the jetting machine shall be 7 m per minute
3.9 To
avoid disruption to the Neophocaena phocaenoides (finless porpoise)
population in the southwestern coastal waters of
3.10 Pipeline jetting shall only be carried out in the open sea which is far away from sensitive receivers as recommended in the application document for variation of an environmental permit (the Application VEP-174/2005) and indicated in the Figure C1 at the Appendix C of this Permit during the initial jetting operation. Water quality monitoring shall be conducted during the pipeline jetting. Before the commencement of pipeline jetting, the Permit Holder shall deposit with the Director a water quality monitoring and audit programme for the pipeline jetting. The water quality monitoring and audit programme shall include the water quality monitoring and audit procedures and requirements, the Event/Action Plans and the reporting requirements. The water quality monitoring and audit programme shall be properly implemented. Any changes to the water quality monitoring and audit programme shall seek prior approval from the Director before implementation. The actions described in the Event/Action Plans of the water quality monitoring and audit programme shall be fully and properly carried out in accordance with the time frame as set out in the Event/Action Plans, or as agreed by the Director.
4. Submissions
or Measures before Commissioning of the Project(s)
4.1 All
submissions for approval and deposition under Section 4 of this Permit shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA report before submission
to the Director.
4.2 At
least three months before commissioning of the first 300MW unit, the Permit
Holder shall submit an EM&A manual for the operation phase of the
Project(s) to the Director for approval. No operation of any of the new 300MW
unit shall commence before the Director has approved the EM&A manual. The
EM&A manual approved under this condition shall hereinafter be referred to
as the "EM&A Manual (Operational Phase).
4.3 The
Permit Holder shall deposit with the Director, no later than three months
prior to the commissioning of the first 300MW unit, a Commissioning Schedule
for all six 300MW units by referring to Table 2.2a, Part
A of the EIA Report. The Commissioning Schedule shall include timing(s)
and detail(s) on the shifting(s) of the base load operation from the existing
coal-fired and oil-fired units of Lamma Power Station to the six new 300MW
units.
4.4 At
least three months before the commissioning of the first 300MW unit, the Permit
Holder shall submit to the Director for approval an Emergency Plan, to include
possible scenarios and the necessary remedial measures, for handling such
situation(s) due to a sudden interruption in liquefied natural gas supply.
4.5 At
least three months before commissioning of the first 300MW unit, the Permit
Holder shall deposit with the Director a Greenhouse Gas (GHG) Management Plan
which shall include the following:-
(i)
a Life Cycle Management Programme for hydrofluorocarbon gases (HFCs),
perfluorocarbons (PFCs), and sulphur hexafluoride (SF6). The Programme
shall include measures and requirements as described in Section 4.7.5, Part
B of the EIA report to minimise leakage from systems or equipment containing
HFCs, PFCs and SF6;
(ii)
the actions, including procedures to reduce emissions of CH4
from maintenance, operations and emergencies, and other possible upgrading
works;
(iii)
a Carbon Accounting and Monitoring Programme, which shall include
actions such as afforestation and reforestation; and
(iv)
a Conversion Plan which shall present the practicability of converting
the existing peak lopping oil-fired gas turbines to gas-fired for reducing GHG
emissions during emergency use or peak lopping operations.
4.6 The
Permit Holder shall deposit with the Director a noise control study report
to address the potential cumulative noise impacts arising from the 1,800MW
power plant and other existing and planned noise source at the Lamma Power
Station. The Report shall demonstrate that the noise performance of individual
plants and the Lamma Power Station as a whole shall meet the recommendations
and assumptions set out in Section 6.3.5, Part B of the
EIA Report. It shall be submitted to the Director no later than three months
prior to the commissioning of the first 300MW unit.
4.7 The
Permit Holder shall deposit with the Director no later than three months prior
to the commissioning of the first 300MW unit a Waste Management Plan for the
operation of the Project(s). 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 operation
of the Project(s) and shall take into account the recommendations in Section
8.5, Part B of the EIA report.
4.8 The
Permit Holder shall investigate the practicality of lowering the residual
chlorine concentrations to a level below 0.3 mg/L. The Permit Holder shall also
investigate the practicality of using alternative biocides in the Project(s).
The investigation report including design measures to prevent formation of foam
at the cooling water outfalls, shall be deposited with the Director no later
than three months prior to the operation of the first 300MW unit.
4.9 The
Permit Holder shall deposit with the Director no later than three months prior
to the commissioning of the first 300MW unit a Land Contamination Avoidance
Plan which shall take into account the recommendations in Section 9.4, Part
B of the EIA report.
4.10 The Permit Holder
shall deposit with the Director a Safety Management Plan to address fuel gas
hazards no later than three months prior to the commissioning of the first
300MW unit.
4.11 The Permit Holder shall deposit with the Director a review report on the Hazard Assessment to address non-fuel gas hazards included in the EIA Report proposing the required alternative mitigation measures at least three months before the installation works of the first 300 MW unit.
5. Submissions
and Measures during the Operation Period
5.1 All
designs or construction measures described in the submissions approved or
deposited under Section 4 of this Permit shall be properly implemented.
1800MW Power Plant
5.2 All six
300MW gas-fired combined cycle units at the Lamma Extension shall be fuelled by
liquefied natural gas only, except for the situation(s) as allowed in the
Emergency Plan as approved under Condition 4.4 above.
5.3 After
commissioning of the first 300MW unit, the Permit Holder shall undertake annual
revisions and update of its GHG emissions inventory covering all existing
facilities and new extension, for at least the six GHGs specified under the
Kyoto Protocol (carbon dioxide (CO2), CH4, nitrous oxide
(N2O), HFCs, PFCs and SF6). The inventory shall be
established and maintained in accordance with the latest Intergovernmental
Panel on Climate Change (IPCC) Guidelines or any other guidelines issued by
Government, with details documented for regular reviews and updates. The
inventory shall be reported on an annual basis, including actual figures and
targets for the previous and current year, as well as the next year's forecast.
Discrepancies for actual versus target figures and actions for improvement or
enhancement shall be explained. An annual report of GHG emissions inventory
shall be deposited with the Director within three months after the end of the
reporting period.
Gas Pipeline
5.4 After
commissioning of the first 300MW unit, the Permit Holder shall deposit with the
Director annual inventory reports on the CH4 emissions reduction and
the achieved results of the procedural controls of CH4 emissions as
described in Condition 2.12 of this Permit. The reports shall be deposited with
the Director within three months after the end of the reporting period.
6. Environmental
Monitoring and Audit (EM&A)
Construction Phase
6.1 Samples
and measurements shall be taken in accordance with the requirements of the
EM&A Manual (Construction Phase) submitted under Condition 2.4 of this
Permit by :
(i)
conducting baseline environmental monitoring as set out in the EM&A
Manual (Construction Phase); and
(ii)
conducting impact environmental monitoring as set out in the EM&A
Manual (Construction Phase).
6.2 The
remedial actions described in the Event/Action Plans of the EM&A Manual
(Construction Phase) shall be fully and properly carried out, in accordance
with the time frame(s) set out in the Event/Action Plans, or as agreed by the
Director.
6.3 Records
of the details of Conditions 6.1 and 6.2 above shall be logged and kept, within
3 working days of the collection of data or completion of remedial action, for
the purpose of preparing and submitting the EM&A Reports and making the
information available for inspection on site.
6.4 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
6.5 Two
hard copies and one soft copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before the commencement of any major
construction works which would affect the monitoring results. The submissions
shall be certified by the ET Leader and verified by the IEC. Additional copies
of the submission shall be provided to the Director upon request from the
Director.
6.6 One
hard copy and one soft copy of monthly EM&A Report shall be submitted to
the Director within 2 weeks after the end of the reporting month. The
submissions shall be certified by the ET Leader and verified by the IEC.
Additional copies of the submission shall be provided to the Director upon
request from the Director.
Operational Phase
6.7 Samples
and measurements shall be taken in accordance with the requirements of the
EM&A Manual (Operational Phase) submitted under Condition 4.2 of this
Permit by :
(i)
conducting baseline environmental monitoring as set out in the EM&A
Manual (Operational Phase); and
(ii)
conducting impact environmental monitoring as set out in the EM&A
Manual (Operational Phase).
6.8 The
remedial actions described in the Event/Action Plans of the EM&A Manual
(Operation Phase) shall be fully and properly carried out, in accordance with
the time frame(s) set out in the Event/Action Plans, or as agreed by the Director.
6.9 Records
of details of Conditions 6.7 and 6.8 above shall be logged and kept, within 3
working days of the collection of data or completion of remedial action, for
the purpose of preparing and submitting the EM&A Reports and making the
information available for inspection on site.
6.10 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
6.11 Two
hard copies and one soft copy of the Baseline Monitoring Report shall be
submitted to the Director at least 2 weeks before the commissioning of the
first 300MW unit which would affect the monitoring results. The submissions
shall be certified by the ET Leader and verified by the IEC. Additional copies
of the submission shall be provided to the Director upon request from the
Director.
6.12 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request from the Director.
7. Electronic
Reporting of EM&A Information (For both Construction Phase and Operational
Phase)
7.1 To
facilitate 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 these Reports 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 as described in Conditions 6.5.
6.6, 6.11 & 6.12. For the HTML version, a content page capable of providing
hyperlink to each section and sub-section of these Reports shall be included in
the beginning of the document. Hyperlinks to all figures, drawings and tables
in these Reports shall be provided in the main text from where the respective
references are made. All graphics in these Reports shall be in interlaced GIF
format unless otherwise agreed by the Director. The content of the electronic
copies of these Reports must be the same as the hard copies.
7.2 All
environmental monitoring data as described in Condition 7.1 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 two weeks after the relevant
environmental monitoring data are collected or become available, unless
otherwise agreed with the Director. The Permit Holder shall notify the Director
in writing within six weeks after the commencement of works the internet
address where the environmental monitoring data are to be placed. The internet address and the relevant
environmental monitoring data shall be made available to the public via the
EIAO Internet Website and the EIAO Register Office.
7.3 The
internet website as described in Condition 7.2 above shall enable user friendly
public access to the monitoring data and with features capable of :
(i)
providing access to environmental monitoring data collected since the
commencement of works;
(ii)
searching by date;
(iii)
searching by types of monitoring data (air quality, water quality and
noise, etc.); and
(iv)
hyperlinks to relevant monitoring data after searching;
or otherwise 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). 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 conditions 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 Project 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 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.
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