Environmental Permit No. EP-170/2003/C
環境許可證編號EP-170/2003/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
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
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-236/2007 修訂環境許可證編號 EP-170/2003/B。下文說明的修訂，已包含在本環境許可證內 (EP-170/2003/C)。 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-236/2007 |
|
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 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 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 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 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) 6.
Environmental Permit issued on 於二ＯＯ五年七月二十八日發出的環境許可證 (許可證編號 EP-170/2003/A) 7.
Application document for Variation of an
Environmental Permit submitted by the Permit Holder on 許可證持有人於二ＯＯ六年五月十九日提交的更改環境許可證申請文件(申請書編號
VEP-215/2006) 8.
Environmental Permit issued on 於二ＯＯ六年六月十二日發出的環境許可證 (許可證編號 EP-170/2003/B) 9.
Application document for Variation of an
Environmental Permit submitted by the Permit Holder on 許可證持有人於二ＯＯ七年七月十三日提交的更改環境許可證申請文件(申請書編號
VEP-236/2007) |
|
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 |
2005年7月4日 |
(1)
Vary Conditions 1.7, 3.12 and 3.13 in Part C
of EP-170/2003 |
2005年7月28日 |
|
VEP- 215/2006 |
19 May 2006 2006年5月19日 |
(1)
Vary Conditions 1.7 and 3.10 in Part C of
EP-170/2003/A
|
2006年6月12日 |
|
VEP- 236/2007 |
2007年7月13日 |
(1)
Vary Conditions 1.7 and 3.3 in Part C of
EP-170/2003/B 更
改 環 境
許 可 證
編 號 EP-170/2003/B
C部 條 件
第 1.7 及
3.3 項 加 入
C部 的
附 圖 4 |
2007年7月31日 |
|
|
|
|
|
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
documents for variation of an environmental permit (Application No.
VEP-183/2005, VEP-215/2006 and VEP-236/2007), 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 works of the Project shall be carried out from
11:00 p.m. to 7:00 a.m. of the following day, except the operation of
wastewater treatment facilities in Shek Mun Kap and Cheung Sha at the locations
shown in Figure 4 of this Permit and in accordance with the information and
recommendations described in the application document for variation of an
environmental permit (Application No. VEP-236/2007).
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 unless the works are carried out after the translocation of
the fish and amphibian species of conservation interest and in accordance with
the application document for variation of an environmental permit (Application
no. VEP-215/2006). 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
4.2
Drainage channels provided on the newly formed
slopes along the
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, 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, 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/C
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.
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