Environmental Permit No. EP-170/2003/A
環境許可證編號 EP-170/2003/A
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
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 Ordinance), the Director
of Environmental Protection (the Director) granted the Environmental Permit
EP-170/2003 to the HIGHWAYS DEPARTMENT (hereinafter referred to as the
“Permit Holder”) on 27 June 2003. Pursuant to Section 13 of the Ordinance, the
Director amends the Environmental Permit (No. EP-170/2003) based on the Application
No. VEP-183/2005. The amendments, described below, are incorporated into this
Environmental Permit (No. EP-170/2003/A). This Environmental Permit as amended
is for the construction and operation of the designated project described in
Part B subject to the conditions specified and 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2003年 6月 27日將環境許可證編號
EP-170/2003 批予路政署(下稱「許可證持有人」)。 根據條例第 13條的規定，署長因應申請書編號 VEP-183/2005 修訂環境許可證編號
EP-170/2003。下文說明的修訂，已包含在本環境許可證內 (EP-170/2003/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 Environmental Permit is based on the documents, approval and
permissions described below:
本環境許可證乃依據下列的文件、批准及許可條件而簽發 :
|
Application No. 申請書編號 |
VEP-183/2005 |
|
Document in the Register : 登記冊上的文件: |
1.
Improvement to -
Final
Environmental Impact Assessment Report Volume 1 and 2 -
Final
Environmental Impact Assessment Appendices -
Executive Summary
for Environmental Impact Assessment -
Final
Environmental Monitoring and Audit Manual Hereinafter
referred to as the “EIA Report” (Register No. AEIAR-061/2002) |
|
Document in the Register : 登記冊上的文件: |
龍井頭與長沙一段東涌道改善工程調查與初步設計報告書 -
最終環境影響評估報告第一及第二冊 -
最終環境影響評估報告附件 -
環境影響評估報告摘要 -
最終環境監察及審核手冊 下稱“環評報告”(登記冊編號AEIAR – 061/2002) 2.
The Director’s
letter of approval of the EIA Report dated 4 July 2002 referenced Ax(5) to
EP2/N9/A/56 Pt.2 環境保護署署長於二ＯＯ二年七月四日發出批准環評報告的信件檔案編號Ax(5)
to EP2/N9/A/56 Pt.2 3.
Application
document for Environmental Permit received on 30 May 2003 (Application No.
AEP-170/2003) 許可證持有人於二ＯＯ三年五月三十日提交的環境許可證申請文件(申請書編號AEP-170/2003) 4.
Environmental Permit issued on 27 June 2003 (Permit No.
EP-170/2003) 於二ＯＯ三年六月二十七日發出的環境許可證 (許可證編號 EP-170/2003) 5.
Application document for Variation of an Environmental
Permit submitted by the Permit Holder on 4 July 2005 (Application No. VEP-183/2005) 許可證持有人於二ＯＯ五年七月四日提交的更改環境許可證申請文件(申請書編號VEP-183/2005) |
|
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- 183/2005 |
4 July 2005 2005年7月4日 |
(1)
Vary Conditions 1.7, 3.12 and 3.13 in Part
C of EP-170/2003 |
28 July 2005 2005年7月28日 |
|
28 July 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)
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 |
Improvement
to (This
designated project is hereafter referred to as “the Project”) 龍井頭與長沙一段東涌道改善工程(本指定工程項目下稱“工程項目”) |
|
Nature of Designated Project 指定工程項目的性質 |
New
access roads and earthworks falling within the Lantau South Country Park, the
Lantau North Country Park and the Proposed Lantau North (Extension) Country
Park (hereafter referred to as “the country parks”) on the Lantau Island. 位於南大嶼郊野公園、北大嶼郊野公園和擬建北大嶼郊野公園(擴建部分)(下稱“郊野公園”)內的新通路和土木工事。 |
|
Location of Designated Project 指定工程項目的地點 |
大嶼山東涌道，於龍井頭與長沙之間的一段。 The
location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內 |
|
Scale and Scope of Designated Project |
The
Project mainly consists of the followings: 工程項目主要範圍包括以下： -
Widening and realignment of an approximate 3.6 kilometre
long section of Tung Chung Road between Lung Tseng Tau and Pak Kung Au from a
single-lane road for two-way traffic to a single two-lane road with footpath; 擴闊介乎龍井頭與伯公坳之間一段約長3.6公里的東涌道，並重定該段道路的路線，由供雙程行車的單線道路改為連行人徑的單程雙線道路； -
Construction of an approximate 2.6 kilometre long single
two-lane road between Pak Kung Au and Cheung Sha with footpath and elevated
highway structures; and 在伯公坳與長沙之間建造一段約長2.6公里包括行人徑及高架公路結構的單程雙線道路；和 -
Provision of passing bays/bus lay-bys along 沿東涌道設置避車處/巴士停車處。 |
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), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance
(Cap.208). This Permit does not of itself constitute any ground of defense
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
and 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/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 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 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 Project 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 Project site(s).
1.6
The Permit Holder shall construct
and operate the Project in accordance with the project description 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 approved EIA Report
(Register No. AEIAR-061/2002) and the application document for
variation of an environmental permit (Application No. VEP-183/2005), other relevant documents in the Register, the information
and mitigation measures described in this Permit, 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, and
mitigation measures to be recommended under on-going surveillance and
monitoring activities 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 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). All
submissions or any variation of the submissions shall be certified by the Environmental
Team (ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to in Conditions 2.1 and 2.2 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
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). Electronic
copies of all finalized 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.
1.12
The Permit Holder shall notify the
Director in writing the commencement date of construction of the Project no
later than one month 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.
1.13
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. Submissions or
Measures before Commencement of Certain Parts of the Project
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1
An ET shall be established by the Permit Holder no later
than one month before commencement of construction of the Project. The ET shall not be in any way an
associated body of the Contractor or the IEC for the Project. The ET shall be headed by an ET
Leader. The ET leader shall be a
person who has at least 7 years of experience in environmental monitoring and
auditing (EM&A) or environmental management. The ET and the ET Leader shall be
responsible for the implementation of the EM&A programme in accordance with
the requirements as contained in the EM&A Manual. The ET Leader shall keep a
contemporaneous log-book of each and every instance or circumstance or change
of circumstances which may affect the environmental impact assessment and each
and every non-compliance with the recommendations of the approved EIA Report
(Register No. AEIAR-061/2002) or this Permit. The ET Leader shall notify the IEC
within one working day of the occurrence of any such instance or circumstance
or change of circumstances. The ET Leader’s log-book shall be kept readily
available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the approved EIA Report (Register No.
AEIAR-061/2002) and this Permit or by the Director or his authorized officers. Failure to maintain records in the
log-book, failure to discharge the duties of the ET Leader as defined in the
EM&A Manual or failure to comply with this Condition would entitle the
Director to require the Permit Holder by notice in writing to replace the ET
Leader. Failure by the Permit Holder to make replacement, or further failure to
keep contemporaneous records in the log-book despite the employment of a new ET
Leader may render the Permit liable to suspension, cancellation or variation.
2.2
An IEC shall be employed by the Permit Holder no later than one month
before commencement of construction of the Project. The IEC shall not be in any way an
associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at
least 7 years of experience in 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 required in the EM&A Manual, and any 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. The IEC shall verify the
log-book(s) mentioned in condition 2.1 of this Permit. The IEC shall notify the Director by
fax, within one working day of receipt of notification from the ET Leader of
each and every occurrence, change of circumstances or non-compliance with the
approved EIA Report (Register No. AEIAR-061/2002) and
this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project.
In the case where the IEC fails to so notify the Director of the same, fails
to discharge the duties of the IEC as defined in the EM&A Manual or fails
to comply with this Condition, the Director may require the Permit Holder by
notice in writing to replace the IEC.
Failure to replace the IEC as directed or further failure to so notify
the Director despite employment of a new IEC may render the Permit liable to
suspension, cancellation or variation.
Notification by the Permit Holder is the same as notification by the IEC
for the purpose of this Condition.
Updating of Environmental
Monitoring and Audit (EM&A) Manual
2.3
The Permit Holder shall, no later than one
month before the commencement of construction of the Project, submit to the
Director for approval four hard copies and one electronic copy of an updated
EM&A Manual for the Project. The updated EM&A Manual shall be certified
by the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the approved EIA Report (Register No. AEIAR-061/2002). The updated
EM&A Manual shall include EM&A programme to check and improve the
effectiveness of sedimentation tanks used during construction and to review and
implement additional measures such as filter system to mitigate water quality
impact during construction.
Drainage System for Northern
Section
2.4
A drainage system shall be constructed and operated before the
commencement of widening and realigning works for the section of
Drainage System for Southern
Section
2.5
The section of
Haul Road
2.6
No haul road shall be formed for carrying out the works of the section
of
3. Submissions or
Measures during the Construction of Certain Parts of the Project
Management
Organisation of Main Construction Companies
3.1
The Permit Holder
shall, within one month after commencement of construction of the Project,
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. The submitted information shall include at
least an organization chart, names of responsible persons and their contact
details.
Measures to Mitigate Noise
Impacts
3.2
No blasting shall be allowed within the country parks as shown in
Figure 3 of this Permit for carrying out the works of the Project.
3.3
No work of the Project shall be carried out from 11:00 p.m. to 7:00
a.m. of the following day.
3.4
All construction noise mitigation measures including use of temporary
barriers and quiet equipments as described in the updated EM&A Manual
approved under Condition 2.3 of this Permit shall be fully implemented
Measures to Mitigate
Ecological Impacts
3.5
The Project shall be constructed at the location shown in
Figure 1 of this Permit. No new road or haul road shall be constructed for
the section of
3.6
No works of the Project shall be carried out outside the “limit of works
area” as shown in Figure 1 of this Permit.
Transplanting of Floral
Species
3.7
To mitigate the ecological impact due to the loss of woodland and
shrubland in the Project, flora of conservation interest, including the tree Artocarpus
hypargyreus, the shrub Pavetta hongkongensis and the orchids Acampe
rigida and Liparis viridiflora, shall be transplanted before the
commencement of construction. A pre-transplantation survey shall be carried out
to ascertain the presence and the locations of these species. The Permit Holder
shall no later than one month before commencement of the transplanting works,
deposit with the Director three hard copies and one electronic copy of transplantation
proposal(s) showing details of the locations of the plants concerned, number of
plants to be transplanted, locations of the sites for transplantation,
methodology, implementation programme and post-transplantation monitoring. Before
submission to the Director, the proposal(s) shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate
ecological impacts. The pre-transplantation survey and transplantation works shall
be carried out by a qualified person with relevant degree and experience as
agreed with the Director. The qualification and experience of the qualified
person shall be certified by the ET Leader and verified by the IEC. The
qualified person shall form part of the ET.
Translocation of Romer’s
Tree Frog
3.8
Before commencement of construction of the works between Lung Tseng Tau
and the
Works at Streams
3.9
All temporary and permanent structures used to cross the streams shall
be properly designed and constructed to avoid disturbance of streams or their
riparian vegetation and to avoid or minimize water quality impact to streams.
Bridge abutments shall be constructed at least 5m away from the streams. Span
of temporary bridges used during construction to cross the streams shall be at
least twice the width of the streams. The Permit Holder shall, no later than
one month before the commencement of construction of the structures crossing the
streams, deposit with the Director three hard copies and one electronic copy of
proposal(s) showing the detailed design of the temporary and permanent structures.
The detailed design shall include the span of temporary structures, the types
of structures, the locations of new bridge abutments and the construction
arrangements to prevent site run-off from contaminating the streams. Before
submission to the Director, the proposal(s) shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the approved EIA Report (Register No. AEIAR-061/2002) to mitigate
environmental impacts of water quality and ecology.
3.10
To mitigate the ecological impact on the streams no. 15, 18, 19 and 21
as shown in the Figure 2 of this Permit
due to the works of the Project, no works at these streams shall be carried
out any time between April to June inclusive. A survey of the areas to be affected
by the Project shall be carried out before commencement of construction to ascertain
the presence of the fish and amphibian species of conservation interest, including
the Beijing Thick-lipped Barb at stream no. 15, the Lesser Spiny Frog at streams
no. 18 and 21, the Hong Kong Newt at stream no. 19 and the Romer’s Tree Frog
at stream no. 21. The fish shall be translocated to the tributaries of the
3.11
The culverts at the streams no. 18, 19 and 21 shall be properly
designed and constructed to facilitate movement of aquatic fauna along these
streams. Step channels with zig-zag ramps at culvert inlets, fish slopes or
steps at culvert outlets and ridged floors to create pools along the culverts
shall be incorporated into the design for construction unless otherwise agreed
with the Director. All culverts shall be constructed separately prior to their
connection with the streams in order to avoid direct impacts on the streams. The
Permit Holder shall no later than one month before commencement of the
culverting works, deposit with the Director three hard copies and one electronic
copy of detailed design of the culverts. Before submission to the Director, the
culvert design shall be certified by the ET Leader and verified by the IEC as
conforming to the information and recommendations contained in the approved EIA
Report (Register No. AEIAR-061/2002) to mitigate ecological impacts.
Measures
to Mitigate Water Quality Impacts
3.12
All temporary drainage channels shall be lined with concrete prior to
the connection of the drainage channels to the streams or within 3 days after completion
of the construction of the temporary drainage channels to prevent erosion.
Excavated channels for construction of temporary drainage system shall be
covered with tarpaulin or similar fabric before the end of each working day to minimize
site run-off.
3.13
The section of
3.14
No oil, fuel or chemical waste shall be stored within the country
parks.
3.15
No site canteen or maintenance workshop shall be erected within the country
parks.
3.16
To avoid or minimize environmental impacts on the country parks due to
site runoff and other potential water pollution caused by construction
activities, all mitigation measures described in Appendix A shall be implemented
throughout the construction period.
3.17
An emergency plan detailing the emergency response procedures to deal
with accidental chemical leakage and spillage during construction shall be
developed and implemented when such instance or circumstance occurs. The
emergency plan shall include procedures for spill prevention and precaution,
and detailed action plan listing out the responsibilities and actions of all
related personnel. The Permit Holder shall deposit the emergency plan with the
Director no later than one month before the commencement of the construction of
the Project.
Measures
to Manage Waste and Submission of the Waste Management Plan (WMP)
3.18
No waste, spoil, excavated materials or materials alike arising from
the Project shall be dumped in the country parks.
3.19
The Permit Holder shall, no later than one month after the commencement
of construction of the Project, deposit with the Director three hard copies and
one electronic copy of a Waste Management Plan (WMP) for the construction stage
of the Project. The WMP shall be certified by the ET Leader and verified by the
IEC as conforming to the information and recommendations contained in the
approved EIA Report (Register No. AEIAR-061/2002). The WMP 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 include the recommended mitigation
measures on waste management in Section 7.5 of the approved EIA Report
(Register No. AEIAR-061/2002). The WMP shall indicate the disposal location(s)
of all surplus excavated spoil and other waste. A trip ticket system shall be
included in the WMP. Surplus excavated spoil and other wastes shall only be
disposed of at designated disposal locations unless otherwise approved by the
Director. All measures recommended in the WMP shall be fully and properly
implemented by the Permit Holder and any person working on the project
throughout the construction period.
3.20
The Permit Holder shall investigate the reuse of materials resulting
from vegetation clearance in the Project in order to avoid or minimize the
disposal. Arrangement of this reuse shall be described in the WMP and shall be
fully and properly implemented by the Permit Holder and any person working on
the project throughout the construction period.
Measures to Mitigate Landscape
and Visual Impact and Submissions of the Landscape Plan
3.21
At least one month before commencement of the landscape works, the
Permit Holder shall deposit with the Director three hard copies and one
electronic copy of the landscape plan prepared for the Project. The landscape
plan shall include locations, size and species of planting, design details,
implementation programme, maintenance and management schedules, and drawings in
the scale of 1:1000 or other appropriate scale showing the landscape and visual
mitigation measures. The measures shall include grass hydroseeding of slopes,
landscape and compensatory planting, architectural and chromatic treatment of
new road structures, bridges structures, abutments and retaining walls. Native
shrub and woodland species shall be planted on the roadside areas affected by
the Project to compensate the loss of shrub and woodland vegetation during
construction. Planting of about 25 hectares shall be implemented. Before
submission to the Director, the landscape plan shall be certified by the ET
Leader and verified by the IEC as conforming to the requirements set out in the
approved EIA Report (Register No. AEIAR-061/2002).
4. Submissions or
Measures for the Operation of the Project
Measures to Mitigate Ecological Impacts
4.1
Three wildlife tunnels shall be properly designed and constructed to
allow amphibians and mammals to move between two sides of the Tung Chung Road to
mitigate ecological impact due to the barrier effect during the operation of
Tung Chung Road. The Permit Holder shall, no later than one month before the
commencement of construction of the wildlife tunnels, deposit with the Director
three hard copies and one electronic copy of proposal(s) showing the detailed
design of the wildlife tunnels. Before submission to the Director, the proposal(s)
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendations contained in the approved EIA Report
(Register No. AEIAR-061/2002) to mitigate environmental impacts of ecology.
4.2
Drainage channels provided on the newly formed slopes along the Tung
Chung Road shall be properly designed and constructed to allow amphibians to
climb out of the drainage channels. Ramps or similar structures shall be
provided in the drainage channels. The Permit Holder shall, no later than one
month before the commencement of construction of the drainage channels, deposit
with the Director three hard copies and one electronic copy of proposal(s)
showing the detailed design of the escape ramp or similar structures in the
drainage channels. Before submission to the Director, the proposal(s) shall be
certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the approved EIA Report (Register
No. AEIAR-061/2002) to mitigate environmental impacts of ecology.
5. Environmental
Monitoring and Audit (EM&A) for the Construction of the Project
5.1
The EM&A programme shall be
implemented in accordance with the procedures and requirements in the updated
EM&A Manual approved under Condition 2.3 of this Permit. Any changes to the
EM&A programme shall be justified by the ET Leader and verified by the IEC
as conforming to the requirements set out in the EM&A Manual and shall seek
the prior approval from the Director before their implementation.
5.2
Three hard copies and one electronic copy
of the Baseline Monitoring Report shall be submitted to the Director at least 2
weeks before commencement of construction of the Project. The submissions shall be certified by
the ET Leader and verified by the IEC before submission to the Director.
Additional copies of the submission shall be provided upon request by the
Director.
5.3
Three hard copies and one electronic copy
of the monthly EM&A Report shall be submitted to the Director within 2
weeks after the end of the reporting month. The monthly EM&A Report shall
include a summary of all non-compliance (exceedances) of the environmental
quality performance limits (Action and Limit levels) and the status of
submission required under this Permit. The submissions shall be certified by
the ET Leader and verified by the IEC before submission to the Director.
Additional copies of the submission shall be provided upon request by the
Director.
5.4
The actions described in the Event/Action
Plans of the EM&A Manual 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.
5.5
All environmental monitoring and audit data submitted under this Permit
shall be true, valid and correct.
5.6
To ensure a high degree of transparency regarding the monitoring data
and results in view of the public concern about the Project, all environmental
monitoring and audit data and results and all submissions and all performance
test data and results required by this Permit shall be made available by the
Permit Holder to the public through a dedicated web site to be set up by the
Permit Holder under Condition 6.2 below, in the shortest practicable time and
in no event later than 2 weeks after such information is available.
5.7
Records of measurements and remedial actions taken under Condition 5.4
of this Permit shall be logged and kept within 3 working days of the collection
of data or completion of remedial action, shall be included in the EM&A
Reports and shall be available for inspection on site or as requested by the
Director.
6. Electronic
Reporting of EM&A Information
6.1
To facilitate public inspection of the Baseline Monitoring Report and
the monthly EM&A Reports via the EIAO Internet Website and at the EIAO
Register Office, electronic copies of these Reports shall be prepared in the
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 5.2 and 5.3 of this Permit. 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.
6.2
The Permit Holder shall set up a dedicated web site and notify the
Director in writing the internet address where the environmental monitoring and
project data is to be placed within six weeks after the commencement of the
Project. All environmental monitoring results described in Condition 6.1 above
and all submissions and all performance test data and results required by this
Permit shall be made available to the public via this dedicated web site to be
set up by the Permit Holder in the shortest time practicable and in no event later
than 2 weeks after the relevant environmental monitoring data are collected or
become available, unless otherwise agreed with the Director.
6.3
The internet website as described in Condition 6.2 above shall enable
user-friendly public access to the monitoring data and project data including
the EIA report and the environmental permit(s) and project profile of the
Project. The internet website shall have features capable of : -
(a) providing
access to all environmental monitoring data collected since the commencement of
work and all submissions under this permit;
(b) searching
by date;
(c) searching
by types of monitoring data (air quality and construction waste); and
(d) 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.
Environmental Permit No. EP-170/2003/A
環境許可證編號EP-170/2003/A
Appendix A (as
referred to in Condition 3.16)
Measures
to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water
Pollution During Construction
(a)
Surface Runoff
(i)
Surface run-off from the construction
site shall be directed into adequately designed sand/silt removal facilities
such as sand traps, silt traps and sediment basins before discharge into storm
drains. Channels, earth bunds or
sand bag barriers shall be provided on site to properly direct stormwater to
such silt removal facilities.
(ii)
Catchpits and perimeter channels shall be
constructed in advance of site formation works and earthworks.
(iii)
Silt removal facilities, channels and
manholes shall be maintained with the deposited silt and grit being removed at
least once a week, and at the onset of and after each rainstorm to ensure that
these facilities are functioning at all times.
(b)
General Construction Activities
(iv)
No major stockpiles of construction
materials (e.g. aggregates and sand) shall be located within the country parks.
Stockpiled materials shall be contained in a designated area down gradient from
any stream course or up gradient with barriers.
(v)
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 shall be covered with tarpaulin or
similar fabric. Any washout of
construction or excavated materials should be diverted to the drainage system.
(vi)
Temporary cut slopes shall be covered with
tarpaulin during rainfall.