Environmental Permit No. EP-136/2002/B

環境許可證編號  EP-136/2002/B

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 & 13

 

環境影響評估條例

(499)

1013

 

ENVIRONMENTAL PERMIT TO DECOMMISSION

A DESIGNATED PROJECT

 

解除運作指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants the environmental permit (EP-136/2002) to the Civil Engineering and Development Department (formerly known as the Civil Engineering Department and hereinafter referred to as the “Permit Holder”) on 22 May 2002.  Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit based on the Application No. VEP-239/2007.  The amendments, described below, are incorporated into this Environmental Permit (EP-136/2002/B).  This Environmental Permit as amended is for the decommission of the designated project described in Part B subject to the conditions specified in Part C.

 

The issue of this environmental permit is based on the documents, approvals or permissions described below:

 

根據環境影響評估條例(環評條例)10條的規定,環境保護署署長(署長)2002522日將環境許可證(編號EP-136/2002)批予土木工程拓展署 (前稱土木工程署,下稱“許可證持有人”)。根據環評條例第13條的規定,署長因應更改環境許可證的申請編號VEP-239/2007修訂環境許可證。以下修訂已包含在本環境許可證內(編號EP-136/2002/B)。本經修訂的環境許可證作為解除運作本許可證B部所說明的指定工程項目,但須遵守C部所列明的條件。

 

本環境許可證的發出,乃以下表所列的文件、批准或許可作為根據

 

Application No.

申請書編號

 

VEP-239/2007

 

Document in the Register :

登記冊上的文件:

(1)     Environmental Impact Assessment – Demolition of Buildings and Structures in the Proposed Kennedy Town Comprehensive Development Area Site : Final EIA Report, EM&A Manual and Executive Summary (Register No.: AEIAR-058/2002) [Hereinafter referred to as “the EIA Report”]

(1)     堅尼地城綜合發展區拆卸工程 環境影響評估 : 最終環境影響評估報告, 環境監察及審核手冊 行政摘要        (登記冊編號:AEIAR-058/2002) [下稱環評報告”]

 

(2)     The Director’s letter of approval of the EIA Report dated 16 April 2002, ref: EP2/H1/KT/PT2/85 Ax 1

(2)     環境保護署署長於2002416日發出批准環評報告的信件 (檔案編號: EP2/H1/KT/PT2/85 Ax 1)

 

 

 

(3)     Application for an Environmental Permit No. AEP-136/2002 received on 24 April 2002

(3)     2002424日收到的環境許可證申請文件編號AEP-136/2002

 

(4)     Environmental Permit issued on 22 May 2002 (Permit No. EP-136/2002)

(4) 2002522日簽發的環境許可證 (許可證編號EP-136/2002)

 

(5)     Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 4 April 2007 (Application No. VEP-234/2007)

(5)  許可證持有人於200744日提交的更改環境許可證申請文件包括所有附件(申請書編號:VEP-234/2007)

(6)     Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 27 September 2007 (Application No. VEP-239/2007)

(6)  許可證持有人於2007927日提交的更改環境許可證申請文件包括所有附件(申請書編號:VEP-239/2007)

 

Application No.

申請書編號

Date of Application

申請日期

List of Amendments Incorporated into this Environmental Permit

已包含在本環境許可證內修訂項目

 

Date of Amendment

修訂日期

VEP-234/2007

4 April 2007

200744

Add a new condition before each of the following conditions in Part C of Environmental Permit No. EP-136/2002:

Conditions 1.8, 1.12, 1.13 and 2.5.

在環境許可證編號EP-136/2002 C部第1.8, 1.12, 1.13 2.5 項條件前各加入一項新的條件。

 

Vary Conditions 1.7, 1.11, 1.14, 2.3, 2.4, 2.5 and 2.7 in Part C of Environmental Permit No. EP-136/2002.

更改環境許可證編號EP-136/2002 C部第1.7, 1.11, 1.14, 2.3, 2.4, 2.5 2.7 項條件。

 

Renumber the permit conditions in Part C of the Environmental Permit No. EP-136/2002/A where appropriate.

把環境許可證編號EP-136/2002/A C部的條件適當地重新編號。

 

Renumber Figure 2 and Figure 3 to Figure 7 and Figure 6 respectively.

把圖2和圖3依序重新編號為圖7和圖6

 

Add 4 new figures and numbered as Figures 2 to 5.

加入4張新的圖並編號為圖2至圖5

 

30 April 2007

 

2007430

VEP-239/2007

27 Sep 2007

2007927

Amend Phase 1 Part 1 Project Boundary to align with curb line at northern end of Sai See Street.  Amend Figures 2 and 3 accordingly.

沿西市街北端路邊更改第一階段工程範圍。 相應地更改圖2和圖3

 18 Oct 2007

2007年1018

 

 

 

18 October 2007

20071018

 

 

 

Date

日期

 

(Mrs. Shirley LEE)

Principal Environmental Protection Officer

for the Director of Environmental Protection

環境保護署署長

(首席環境保護主任李韓琇玲代行)


PART B (DESCRIPTIONS OF DESIGNATED PROJECT)

B (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 Projects

指定工程項目的名稱

Demolition of Buildings and Structures in the Proposed Kennedy Town Comprehensive Development Area Site

 [The above designated projects are hereinafter referred to as “the Project”]

 

堅尼地城綜合發展區拆卸工程

[上列指定工程項目下稱工程項目”]

 

Nature of Designated Projects
指定工程項目的性質

Decommissioning of a municipal incinerator

 

解除一個市政焚化爐的運作

 

Location of Designated Projects

指定工程項目的地點

Kennedy Town.  The location of the Project is shown on Figure 1 attached to this Permit.

 

堅尼地城。工程項目的地點如本環境許可證的圖1所示。

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

Decommissioning of a municipal incinerator, including demolition of the existing chimneys, buildings and structures in the proposed Kennedy Town Comprehensive Development Area site of about 3.4 ha. where the existing incinerator locates, remediation of contaminated soil and wastes within the site, and subsequent disposal of the remediated soil and wastes.

 

解除一個市政焚化爐的運作,包括拆卸該焚化爐所在地面積約3.4公頃的 堅尼地城綜合發展區內現有的煙囪大樓及建築物,整治及處置污染了的土壤及物料。

 


 

PART C (PERMIT CONDITIONS)

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 the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Occupational Safety and Health Ordinance (Cap. 509) and Factories and Industrial Undertakings Ordinance (Cap. 59).  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/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 and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit.  The site refers to the site of the Project and should mean the same hereinafter.

1.5               The Permit Holder shall display conspicuously a copy of this Permit on the site 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 site.

1.6               The Permit Holder shall carry out the Project as described in Part B of this Permit.

1.7               The Permit Holder shall ensure that the Project is designed and implemented in accordance with the information and recommendations described in the EIA Report (Register No. AEIAR-058/2002); the Application for Environmental Permit (Application No. AEP-136/2002) received on 24 April 2002, the Application for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 4 April 2007 (Application No. VEP-234/2007), 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.  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               The Project shall be implemented in two Phases, with Phase 1 containing 2 Parts, as described in detail in Condition 2.5 of this Permit.  A tentative programme for the Project was set out in the Application No. VEP-234/2007.

1.9               All 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.

1.10            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.  All submissions or any variations of the submissions made after the establishment of an Environmental Team (ET) and employment of an Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below shall be certified by the ET Leader and verified by the IEC before submitting to the Director under this Permit.

1.11            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.

1.12            The Permit Holder shall notify the Director in writing the commencement dates of the three different phases of the Project: (a) Phase 1 Part 1, (b) Phase 1 Part 2 and (c) Phase 2 of the Project at least one month prior to the commencement of each of the above three different phases of the Project respectively. The Permit Holder shall notify the Director in writing immediately if there is any change of any of the commencement dates.  Unless specified otherwise, the commencement of the Project shall be taken to mean the commencement of the Phase 1 Part 1 of the Project.

1.13            The Permit Holder shall notify the Director in writing the completion dates of all three different phases of the Project: (a) Phase 1 Part 1, (b) Phase 1 Part 2 and (c) Phase 2 of the Project within one month of the completion of each of the above three different phases of the Project respectively.

1.14            The Permit Holder shall notify the Director in writing the date of handing over the site, or any part of the site, to any other party for the purpose of redevelopment of the area at least one month prior to the handing over of the area.  The Permit Holder shall notify the Director in writing immediately if there is any change of the handing over date.

1.15            The Permit Holder shall notify the Director in writing the commencement date for temporarily using the site, or any part of the site, for the purpose as described in Condition 2.5(h) at least one month prior to the commencement of temporary use of the area.  The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date for such temporary use.

1.16            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.

1.17            For the purpose of this Permit, “commencement of each Phase and/or each Part of a Phase of the Project” does not include works related to site investigation, contamination confirmatory investigation, or other works as agreed by the Director.  Any damage to the existing concrete ground slab caused by site investigation, contamination confirmatory investigation, or other works as agreed by the Director shall be repaired as soon as practicable such that the structural integrity of the existing concrete ground slab is maintained so as to avoid exposing the soil underneath as far as practicable.

2.                  Special Conditions

2.1               An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years' experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the duties defined in the EM&A Manual of the EIA Report (Register No. AEIAR-058/2002). The ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the 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 EIA Report (Register No. AEIAR-058/2002) or this Permit. This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the EIA Report recommendations 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. The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.

2.2               An Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before the commencement of the Project.  The IEC shall be a person who has at least 7 years' experience in environmental monitoring and audit (EM&A) or environmental management.  The IEC shall be responsible for the duties defined in the EM&A Manual of the EIA Report (Register No. AEIAR-058/2002), and shall audit the overall EM&A programme described in the EIA Report (Register No. AEIAR-058/2002), 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 24 hours of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-058/2002) or this Permit, which might affect the monitoring or control of adverse environmental impact.  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. The IEC shall not be in any way an associated body of the Contractor or the Environmental Team for the Project.

2.3               All submissions for approval and deposition under Conditions 2.5, 2.7, 2.13(b), 2.15(b), 2.17, 3.4 and 3.5 of this Permit shall be verified and certified by the IEC as conforming to the information and recommendations contained in the EIA Report and the approved Waste Management Plan before submission to the Director.

2.4               The Permit Holder shall, within one month after the commencement of each Phase and each Part of a Phase of the Project, inform the Director in writing of the management organization of the main companies and/or any form of joint ventures associated with the carrying out of the Project. The submitted information shall include at least an organization chart, names of responsible persons including the ET Leader and the IEC, and their contact details.  The different phases or part of a Phase are defined under Condition 2.5 of this Permit.

Phased Approach for Implementing the Project and Implementation Requirements

2.5               The Project shall be implemented in two Phases with the following conditions.

Phase 1 Part 1

(a)        The Site area for both Part 1 and Part 2 of Phase 1 of the Project is shown in Figure 2 of this Permit.  At the time of notification of commencement of Phase 1 Part 1 of the Project as required under Condition 1.12, the Permit Holder shall deposit with the Director an updated Project programme, to be accompanied by layout plans with detailed descriptions and drawings of mitigation measures in scale of 1:1000 or in other suitable scale as agreed by the Director, showing clearly the relevant works in Phase 1 Part 1 of the Project.

(b)        Phase 1 Part 1 of the Project includes demolition and clearance of all existing chimneys, buildings and ancillary structures above the existing concrete ground slab in the Phase 1 Site area where the former Kennedy Town Incinerator Plant (KTIP) and the Kennedy Town Abattoir (KTA) are located, and the demolition and clearance of existing piers on the waterfront adjacent to the KTIP and KTA.  The Phase 1 Part 1 also includes the removal of asbestos containing materials and dioxin/furan contaminated wastes within the Phase 1 Site.

(c)        Hoardings shall be erected around the Phase 1 Site at the commencement of Phase 1 Part 1 of the Project and shall be properly maintained throughout Phase 1 of the Project to restrict access of the Phase 1 Site to only authorized site staffs and workers.

(d)        Throughout Phase 1 Part 1, the existing concrete ground slab within the Phase 1 Site shall not be demolished but shall be retained intact as far as practicable.  Before completion of the Phase 1 Part 1 of the Project, inspection shall be carried out on the condition of the existing concrete ground slab and existing drainage system with the view to identify and repair any surface cracks such that their structural integrity is maintained to avoid exposing the soil underneath as far as practicable.  Such inspection and repair shall be carried out every month thereafter until the commencement of Phase 1 Part 2 of the Project.  Where the inspection and repair work fall within the reporting month of the monthly Environmental Monitoring & Audit (EM&A) report described under Condition 3.5 of this Permit, the inspection findings and repair work carried out shall be reported in that monthly EM&A report.

(e)        With the exception of drainage facilities required for the proper function of the site drainage system, the existing underground facilities such as refuse bunkers, lift pits, underground chambers and openings, and sub-sided areas within the Phase 1 Site area shall be cleaned up and backfilled with clean soil to about 130 mm from the top level of adjacent ground slab.  A layer of concrete cover of not less than 130 mm thickness shall then be laid on top of the clean soil to fill up the underground facilities such that the top level of the concrete cover on top of the clean soil above the underground facilities matches the top level of adjacent ground slab. Before completion of the Phase 1 Part 1 of the Project, inspection shall be carried out on the condition of the concrete covers and existing drainage facilities retained for the proper function of the site drainage system, with the view to identify and repair any surface cracks such that their structural integrity is maintained to avoid exposing the soil underneath as far as practicable.  Such inspection and repair shall be carried out every month thereafter until the commencement of Phase 1 Part 2 of the Project.  Where the inspection and repair work fall within the reporting month of the monthly Environmental Monitoring & Audit (EM&A) report described under Condition 3.5 of this Permit, the inspection findings and repair work carried out shall be reported in that monthly EM&A report.

(f)         Phase 1 Part 1 of the Project shall not involve any excavation work that may disturb or expose any part of the soil underneath the existing concrete slab.

Phase 1 Part 2

(g)        At the time of notification of commencement of Phase 1 Part 2 of the Project as required under Condition 1.12, the Permit Holder shall deposit with the Director a detailed updated Project programme, to be accompanied by layout plans with detailed descriptions and drawings of mitigation measures in scale of 1:1000 or in other suitable scale as agreed by the Director, showing clearly the relevant works in Phase 1 Part 2 of the Project.  The Project shall be implemented according to the updated programme.

(h)        Phase 1 Part 2 of the Project includes the temporary use of the Phase 1 Site as site office and for the storage of common construction materials, the provision of mitigation measures to avoid any potential release of additional underground contaminants into the environment resulting from the above temporary use of the site, and the provision of mitigation measures to avoid impacts on workers on Phase 1 Site and the general public nearby, including residents and passers-by.  It also includes the removal of temporary site office and facilities for the storage of common construction materials before completion of the Phase 1 Part 2.

(i)          Under Phase 1 Part 2 of the Project, the Permit Holder shall not use or carry out any activity in the Phase 1 Site other than the site office and storage of common construction materials as proposed.

(j)          At locations within the Phase 1 Site area identified to be temporarily used as site office and for storage of common construction materials, an additional concrete paving of not less than 200 mm thickness shall be provided.  The indicative extent of this additional concrete paving, as extracted from the Application No. VEP-234/2007, is shown in Figure 3 of this Permit.

(k)        No temporary use, to include site office and storage of common construction material, at the Phase 1 Site shall be allowed until Remediation Report(s) has been deposited with the Director in accordance with Condition 2.17 below after the completion of the remediation and disposal of dioxin/furan contaminated wastes at specific site areas proposed for temporary use.

(l)          No temporary use, to include site office and storage of common construction material, at the Phase 1 Site shall be allowed until the identified locations for such temporary uses have been provided with the pre-requisite additional concrete paving as stipulated in Condition 2.5(j) above.

(m)      Throughout the entire period of Phase 1 Part 2, the additional concrete paving to avoid exposing the contaminated soil underneath shall remain intact and shall not be demolished.  Within 7 days, and every month thereafter, of the start of use of the Site for temporary site office and/or storage of common construction materials, inspection shall be carried out on the condition of the additional concrete paving, the site drainage and the foul sewerage systems to identify, with the view to repair/remedy any surface cracks such that the structural integrity of these systems is maintained and the soil underneath will not be disturbed or exposed as far as practicable.

(n)        To allow natural air dispersion of any entrapped vapour contaminants that might be released from the soil and groundwater, the site office to be erected in the Phase 1 Site shall be properly designed and constructed to create and maintain a clear void of at least 500 mm height between the underside of the site office floor and the top of the additional concrete paving below.  The indicative design is shown in Figure 4 of this Permit.

(o)        To further safeguard against seepage of any vapour contaminants into site offices from the soil and groundwater, the site office to be erected in the Phase 1 Site shall be properly designed and constructed to incorporate gas-resistant membranes flooring.  The indicative design is shown in Figure 4 of this Permit.

(p)        Phase 1 Part 2 of the Project, including any additional site drainage and/or foul sewerage works, shall not involve any excavation work that may disturb or expose any part of the soil underneath the existing concrete slab and the additional concrete paving.

Phase 2

(q)        The Phase 2 Site area is shown in Figure 5 of this Permit.  Phase 2 of the Project shall commence as soon as practicable after the completion of all Phase 1 Part 2 works and shall not be delayed.  Phase 2 of the Project shall comprise the demolition of the additional concrete paving described above to allow temporary use as site office and storage of common construction material, demolition of existing concrete ground slab, demolition of any additional site drainage and/or foul sewerage works, demolition of the existing Cadogan Street Temporary Garden, refuse collection point, bus depot and public car park.  Phase 2 of the Project shall also include remediation and subsequent disposal of contaminated soil below ground level within the Phase 2 Site area.

Contamination Confirmatory Investigation

2.6               To cater for the phased approach for implementing the Project, a proposal on the contamination confirmatory investigation (CCI) shall be submitted, before the commencement of the Project, to the Director for approval. The Permit Holder shall agree with the Director the timing for submitting the CCI proposal.  The CCI proposal shall provide details of the CCI programme to tie in, in terms of the timing and location, with each Phase and each Part of a Phase of the Project. The CCI programme shall state the timing for submission of the CCI findings, review of the waste treatment and disposal method, and preparation and submission of the Waste Management Plan taking into account relevant CCI findings as required under Condition 2.7.  The CCI shall provide further information on the extent of contamination at the Investigation Areas A, B, C and D shown in Figure 6 of this Permit in addition to those assessed in the EIA Report (Register No. AEIAR-058/2002).  Six hard copies and one electronic copy of the relevant findings of the CCI shall be deposited with the Director before the commencement of each Phase of the Project.

Submission of Waste Management Plan

2.7               Six hard copies and one electronic copy of a Waste Management Plan (WMP) for each of the three different phases of the Project: (a) Phase 1 Part 1, (b) Phase 1 Part 2 and (c) Phase 2 of the Project shall be submitted to the Director for approval within one month after the commencement of the three different phases of the Project respectively. The WMP shall take into account the relevant findings and recommendations in the waste management section of the EIA Report (Register No. AEIAR-058/2002), and any relevant findings of the CCI.  Before submission to the Director, the WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report, and any relevant findings of the CCI.

2.8               The WMP shall include, but not limited to, the following information for each type of the wastes relevant to the specific Project Phase/Part that it is intended to cover.  The types of wastes to be covered should include asbestos containing materials, dioxin/furan contaminated wastes, contaminated soil, and construction and demolition materials.

(a)    summary of the locational sources, quantity, level of contamination (if applicable), remediation required prior to disposal (if applicable), and on-site and off-site disposal methods for different type of wastes;

(b)    timings for generation, remediation (if applicable), temporary on-site stockpiling or storage, and final on-site or off-site disposal of different type of wastes;

(c)    timings for conducting the pilot tests as required under Conditions 2.13(a) and 2.15(a) as appropriate;

(d)    method statements on the remediation works to be carried out on different types of contaminated soil and wastes, and the confirmatory and parallel independent testing to be conducted;

(e)    on-site waste management measures to control nuisances during the generation, handling, remediation (if applicable), and temporary stockpiling of the different types of wastes, in particular for asbestos containing materials, dioxin/furan contaminated wastes and contaminated soil;

(f)     possible recycling and reuse of materials;

(g)    location of the disposal site(s) for various types of wastes;

(h)    confirmation on whether or not barges would be used for removal of wastes;

(i)      transportation routing(s) of the removal of various types of wastes from the project site to the disposal site(s);

(j)      measures to control nuisances due to transportation of different type of wastes, in particular to avoid loss of asbestos containing materials, dioxin/furan contaminated wastes and contaminated soil; to remove possible soil left on the first several hundred meters of roads by vehicles leaving the site, such as the option of using specially design road cleansing vehicle; and to reduce dust nuisance from trucks carrying wastes, such as the option of installing mechanical covers to trucks;

(k)    trip-ticket system for waste transfer/disposal operations, including a certification system to confirm to the disposal site’s operator that the contaminated wastes have been remediated to meet the specific disposal criteria; and

(l)      responsibilities for implementation.

2.9               All the measures recommended in the approved WMP shall be fully implemented in accordance with the requirements and time schedule(s) set out in the WMP.

2.10            Before obtaining the Director’s approval on the WMP as required under Condition 2.6, no disposal of waste, spoil, soil, excavation materials or materials obtained from the Project site shall be allowed at any locations.

Control on Demolition

2.11            Non-blasting methods shall be used for the demolition of all structures within the project site boundary including buildings and chimneys.

2.12            All Asbestos Containing Materials (ACM) shall be removed prior to commencement of demolition works except for those ACM removal works that are constrained by access and have to be handled while the demolition work progresses.

Remediation and Disposal of Wastes contaminated by Dioxins and/or Furans

2.13            Treatment and disposal of wastes contaminated with dioxins and/or furans as identified in Appendix A of this permit and in the CCI findings shall be carried out in accordance with the approved WMP and shall include the following steps:

(a)    conduct pilot mixing and Toxicity Characteristic Leachate Procedures (TCLP) tests for the contaminated wastes to verify the effectiveness of the mix and establish the necessary cement to wastes ratio for the purpose of compliance with the 1 part per billion toxicity equivalent (1 ppb TEQ) TCLP criteria;

(b)    inform the Director the results of the pilot tests for confirmation of the disposal site.  If the pilot tests identify that some of the contaminated wastes would need to be disposed of as Chemical Wastes, the fallback option to be adopted to dispose of the Chemical Wastes and the associated method statements shall be provided together with the results of the pilot tests;

(c)    treat the contaminated wastes by mixing with cement;

(d)    seal the treated wastes into steel drums lined with plastic sheeting after passing the TCLP test as stated in Appendix B of this Permit.  Duplicate samples of the treated wastes may need to be collected for parallel testing by another qualified laboratory if requested by the Director; and

(e)    dispose of the drummed material in Condition 2.13(d) above to a Government landfill agreed by the Director under Condition 2.13(b) above.

2.14            Testing shall be conducted on samples taken from any materials left on the North, South, East, West and underneath of the removed materials to confirm that all contaminated materials failing to meet the criteria of 1 ppb TEQ have been removed for treatment.  Duplicate samples of the materials may need to be collected for parallel testing by another qualified laboratory if requested by the Director.

Remediation and Disposal of Soil Contaminated with Heavy Metal and/or Hydrocarbons

2.15            Remediation for contaminated soil identified in Appendix A of this permit and in the CCI findings shall be carried out in accordance with the approved WMP and shall include the following steps:

(a)    conduct pilot mixing and Toxicity Characteristic Leachate Procedures (TCLP) tests for the contaminated soil to verify the effectiveness of the mix to establish the necessary cement to soil ratio for the purpose of compliance with the criteria stated in Appendix B of this permit;

(b)    inform the Director the results of the pilot tests for confirmation of the disposal site;

(c)    soil contaminated with heavy metal shall be treated by mixing with cement and reused on site after passing the TCLP test as stated in Appendix B of this Permit. Duplicate samples of the treated soil may need to be collected for parallel testing by another qualified laboratory if requested by the Director;

(d)    soil contaminated with petroleum hydrocarbons and/or polynuclear aromatic hydrocarbons shall be disposed of at a Government landfill agreed by the Director after passing the TCLP test as stated in Appendix B of this permit.  If the contaminated soil fails the tests, they shall be treated by mixing with cement and subsequently tested to have passed the TCLP tests before disposed of at the agreed landfill.  Duplicate samples of the treated soil may need to be collected for parallel testing by another qualified laboratory if requested by the Director; and

2.16            Testing shall be conducted on soil samples taken from the North, South, East, West face of the excavated holes, and at the base of the holes to confirm that all contaminated soil failing to meet the “Dutch B levels” have been removed for treatment.  (The “Dutch B” Levels are shown in Appendix IV of ProPECC PN 3/94 which is also attached at Appendix C of this Permit for ease of reference.)  Duplicate samples of the soil may need to be collected for parallel testing by another qualified laboratory if requested by the Director.

Submission of Remediation Report(s)

2.17            Six hard copies and one electronic copy of Remediation Report(s) shall be deposited with the Director after the completion of the remediation and disposal of contaminated soil and wastes at specific site areas.  The Remediation Report(s) shall demonstrate that the remediation and disposal work for the site area that it covers has been undertaken according to the specified methodology and has been shown to be adequate.  The Remediation Report(s) shall be submitted at least four weeks before the concerned area is handed over to other parties for redevelopment of the site.  The Remediation Report for works covered in Phase 1 Part 1 of the Project shall be submitted at least four weeks before commencement of Phase 1 Part 2 of the Project.

Mitigation Measures to prevent Nuisances

2.18            Mitigation measures shall be implemented to prevent pollution, control nuisances, and reduce risk during the remediation phases, in accordance with the EIA Report (Register No. AEIAR-058/2002), including but not limited to the following:

(a)    Storage and treatment operations on the disturbed contaminated soil, wastes, and remediated wastes prior to their disposal off-site shall be carried out in a covered area with paved floor bounded by a continuous and impermeable concrete bund of at least 20 cm high to control run-off.  This condition does not apply to storage of remediated soil which has passed the TCLP test and are intended to be reused on site as stated in Condition 2.15(c);

(b)    if groundwater extraction is necessary as part of the work, it shall be collected and reused on site, in particular for treatment operations on contaminated soil and wastes.  If there is any surplus groundwater required to be discharged after site usage, the Permit Holder shall obtain prior consent from the Director; and

(c)    mitigation measures proposed in the WMP and approved under Condition 2.7 to control nuisances associated with on-site handling and off-site transportation of the contaminated soil and wastes shall be implemented.

2.19            Mitigation measures shall be implemented to prevent other demolition related nuisances throughout the demolition and remediation phases, in accordance with the EIA Report (Register No. AEIAR-058/2002), including but not limited to the following:

(a)            provide boundary hoarding of height not less than 5.5 meters measured from street level modified to perimeter noise barrier form, and made of panels with superficial surface density not less than 10 kg/m2;

(b)            provide moveable noise barriers close to powered mechanical equipment (PME) in cases where, in the opinion of the ET leader, IEC or the Director, such PME has the potential to cause excessive noise nuisance to sensitive receivers and where a benefit will result from providing the barriers;

(c)            if necessary, in addition to the Conditions 2.19(a) and (b), modify continuous operational periods for noisy plant or take other measures to comply with the construction noise criteria;

(d)    use adequately designed and maintained perimeter channels, sediment traps, temporary channels, temporary diversion and oil interception facilities to mitigate site run-off impacts;

(e)    divert all clean surface water around the site; and

(f)   provide bunded areas for generators, and for storage of fuel, oil and chemical wastes.

3.                  Environmental Monitoring and Audit (EM&A) for the Project

3.1               The EM&A programme shall be implemented as set out in the EM&A Manual of the EIA Report. Any changes to the programme shall be justified by the IEC as conforming to the requirements set out in the EM&A Manual and shall be submitted to the Director for approval.  An updated EM&A Manual with details covering the two different phases of the Project: (a) Phase1 Part 1 and (b) Phase1 Part 2 of the Project, making reference to the documents submitted with the Application for Variation of Environmental Permit (Application No. VEP-234/2007), shall be submitted to the Director for approval at least 1 month before commencement of each of the specific phases of the Project: that is (a) Phase 1 Part 1 and (b) Phase 1 Part 2 of the Project.

3.2               A complaint investigation procedure shall be set up at least two weeks before the commencement of the Project.  The complaint investigation procedure shall follow the requirements set out in the EM&A programme.

3.3               All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

3.4               Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least two weeks before the commencement of the Project. Additional copies of the submission shall be provided to the Director upon request from the Director.

3.5               Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within two weeks after the end of the reporting month. Additional copies of the submission shall be provided to the Director upon request from the Director.

3.6               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(s) set out in the Event/Action Plan, or as agreed by the Director.

4.                   Electronic Reporting of EM&A Information

4.1               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 3.4 and 3.5 of this Permit. For the HTML version, a content page capable of providing hyperlinks to each section and sub-section of these Reports shall be included at the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text 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 shall be the same as the hard copies.

4.2               All environmental monitoring data described in Condition 4.1 above shall be made available to the public via internet access 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 the Project, 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.

4.3               The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data with features capable of:

(a)    providing access to all environmental monitoring data collected since the commencement of the Project;

(b)    searching by date;

(c)    searching by types of monitoring data; and

(d)    hyperlinking 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. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the Project site by the amended permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

4. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the Project site.

5. If this Permit is cancelled or surrendered during 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 decommission a designated project listed in Part II of Schedule 2 of the Ordinance without a valid environmental permit.

6. Any person who carries out the Project contrary to the conditions in the Permit, and is convicted of an offence under the Ordinance, is liable: -

(i) on a first conviction on indictment to a fine of $ 2 million and to imprisonment for 6 months;

(ii) on a second or subsequent conviction on indictment to a fine of $ 5 million and to imprisonment for 2 years;

(iii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;

(iv) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and

(v) in any case where the offence is of a continuing nature, the court or magistrate may impose a fine of $ 10,000 for each day on which he is satisfied the offence continued.

7. The Permit Holder may appeal against any condition of this Permit under Section 17 of the Ordinance within 30 days of receipt of this Permit.

8. 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.

9. Occupational safety and health issues are governed by the Occupational Safety and Health Ordinance (Cap. 509), and Factories and Industrial Undertakings Ordinance (Cap.59). The Permit Holder is advised to contact the Labour Department for requirements relating to occupational safety and health issues.

 

Environmental Permit No. EP-136/2002/B

環境許可證編號  EP-136/2002/B


Locations Identified in the EIA Report (AEIAR-058/2002) Requiring

APPENDIX A

 
Remediation and the Actions Recommended

(Extracted from table 4.3 of the EIA Report, Register No. AEIAR-058/2002))

Table A  Soil/Rubbles/Ash Wastes Remediation Actions Required

Borehole#

Action Required

Remove concrete surface and clear uncontaminated surface material and stockpile

Proposed depth of Material for Removal or Treatment

Remedial Action

Reassurance / Confirmatory Sampling

TB1

Yes

Concrete down to 0.3m depth

Immediately below concrete 0.3m to 4.0m

Immobilisation for 0.3m to 2.0m and 3.0m to 4.0m*

TCLP test followed by removal of 2.0m to 3.0m to landfill.  Immobilisation if TCLP tests exceed criteria **.

Yes, determine extent of HM (Cd, Cu, Pb, Zn and Hg) and TPH contamination at edge and base of excavated hole.*

TB2

Yes

Concrete down to 0.5m depth

Immediately below concrete 0.5m to 1.5m

Immobilisation*

Yes, determine extent of HM (As, Cu, Pb and Zn) contamination at edge and base of excavated hole.*

TB3

Yes

Concrete down to 2.5m depth

2.5m to 3.5m

Immobilisation *

Yes, determine extent of HM (Cu, Pb, Zn and Hg) contamination at edge and base of excavated hole.*

TB4

Yes

Down to 2.2m depth

2.2m to 4.2m

Immobilisation *

Yes, determine extent of HM (As, Cu, Pb and Zn) contamination at edge and base of excavated hole.*

TB5

Yes

Concrete down to 1.8m.  Down to 2.5m depth

2.5m to 4.0m

Immobilisation*

Yes, determine extent of HM (Pb) contamination at edge and base of excavated hole.*

TB8

Yes

Concrete down to 1m. Down to 2.5m

2.5m to 3.5m

TCLP test followed by removal of 2.5m to 3.5m to landfill.  Immobilisation if TCLP tests exceed criteria **.

Yes, determine extent of PAH contamination at edge and base of excavated hole.*

TB9

Yes

Concrete down to 1.0m depth

1.0m to 2.0m

Immobilisation*

Yes, determine extent of HM (Pb) contamination at edge and base of excavated hole.*

TB10

Yes

Surface rubble/ash and brick material (not soil) about 1.5m depth.

1.5 m

Clear Waste to landfill.  Waste to be treated and tested to meet EPD disposal criteria. 

Yes, determine extent of HM (As, Cd, Cu, Pb, Zn) TPH and PCDD/PCDF contamination under surface contaminated materials.*

TB11

Yes

Down to 1.5m depth

1.5 m

Clear Waste to landfill.  Waste to be treated and tested to meet EPD disposal criteria. 

Yes, determine extent of HM (Cd, Cu, Pb, and Zn) and PCDD/PCDF contamination under surface contaminated materials.*

TB11

Yes

Below hardstanding surface (soil materials)

1.5 to 4.0m

Immobilisation* 

Yes, to determine extent of HM (Pb) contamination at edge and base of excavated hole.

TB12

Yes

Concrete down to 0.5m

0.5 to 1.5m

Immobilisation*

Yes, determine extent of HM (Cd, Cu, Pb and Zn) contamination at edge and base of excavated hole.*

TB13

Yes

Down to 2.5m

2.5m to 3.5m

Immobilisation*

Yes, determine extent of HM (Pb, Zn, Hg) contamination at edge and base of excavated hole.*

TB15

Yes

Concrete down to 0.4m

0.4 to 2.4m

TCLP test followed by removal of 0.4m to 2.4m to landfill.  Immobilisation if TCLP tests exceed criteria **.

Yes, determine extent of HM (As, Cu, Pb, Hg and Zn) and PAH contamination at edge and base of excavated hole.*

TB16

Yes

Concrete down to 0.8m

0.8 to 4.3m

Immobilisation *

Yes, determine extent of HM (Cu, Pb and Zn) contamination at edge and base of excavated hole.*

TB17

Yes

Concrete down to 0.4m

0.4 to 2.4m

Immobilisation *

Yes, determine extent of HM (Pb and Hg) contamination at edge and base of excavated hole.*

TB18

Yes

Concrete down to 1.0m

1.0m to 2.0m

Immobilisation *

Yes, determine extent of HM (Pb) contamination at edge and base of excavated hole.*

TB19

Yes

Concrete down to 0.6m

0.6m to 4.0m

Immobilisation *

Yes, determine extent of HM (Pb and Hg) contamination at edge and base of excavated hole.*

TB20

Yes

Concrete down to 0.3m

0.3m to 2.3m

TCLP test followed by removal of 0.3m to 2.3m to landfill.  Immobilisation if TCLP tests exceed criteria **.

Yes, determine extent of HM (As, Cu, Pb, Hg, Cd and Zn) PAH and TPH contamination at edge and base of excavated hole.*

TB21

Yes

Concrete down to 0.5m

0.5m to 5.0m

TCLP test followed by removal of 0.5m to 3.5m to landfill.  Immobilisation if TCLP tests exceed criteria  **.   Remaining depth to be immobilised to 5m *

Yes, determine extent of HM (Cu, Pb, Hg and Zn) and TPH contamination at edge and base of excavated hole.*

TB22

Yes

Concrete down to 0.5m

0.5 to 1.5m

Immobilisation *

Yes, determine extent of HM (Pb) contamination at edge and base of excavated hole.*

TB23

Yes

Concrete down to 0.5m

0.5 to 4m

Immobilisation*

Yes, determine extent of HM (Pb) contamination at edge and base of excavated hole.*

TB24

Yes

Concrete down to 1.2m

1.2 to 4.2m

Immobilisation*

Yes, determine extent of HM (Cu,  Pb and Hg) contamination at edge and base of excavated hole.*

TB25

Yes

Concrete down to 0.9m.  Down to 1.0m

Depth 1.0m – 4.4m

 

TCLP test followed by removal of 1.0m to 2.9m to landfill.  Immobilisation if TCLP tests exceed criteria **.

Immobilisation for remaining 2.9m to 4.4m*

Yes, to determine extent of HM (Pb, Hg) and PAH contamination at edge and base of excavated hole.*

TB26

Yes

Concrete down to 0.8m

Depth 0.8m – 3.0m

 

TCLP test followed by removal of 0.8m to 3.0m to landfill.  Immobilisation if TCLP tests exceed criteria **.

Yes, to determine extent of HM (Pb, Cu, Zn, Hg) and TPH contamination.*

TB27

Yes

Concrete down to 0.5m and clean soil down to 2.0m

2.0 to 4.0m

TCLP test followed by removal of 2.0m to 4.0m to landfill.  Immobilisation if TCLP tests exceed criteria **.

Yes, determine extent of HM (Cu and Pb) and PAH contamination at edge and base of excavated hole.*

TB28

Yes

Concrete down to 0.4m

0.4 to 4.4m

Immobilisation*

Yes, determine extent of HM (As, Cd, Cu, Pb, and Zn) contamination at edge and base of excavated hole.*

TB29

Yes

Concrete down to 0.5m

0.5 to 3.5m

Immobilisation*

Yes, determine extent of HM (Cu, Pb, Hg and Zn) contamination at edge and base of excavated hole.*

TB30

Yes

Concrete down to 0.6m

0.6 to 1.6m

Immobilisation*

Yes, determine extent of HM (Pb) contamination at edge and base of excavated hole.*

Refuse Bunkers

Yes

N/A

N/A

Landfill disposal *

Examine bunker refuse prior to demolition.

#       For location of boreholes, please refer to Figure 7 of the Permit

*      If contamination confirmed by reassurance sampling extract a further 1m into the soil, immobilise and resample.

**       TCLP test for all metals identified in Table E1 in EPD Contaminated Sites Investigation and Remediation Guidance Notes

 

--- END OF APPENDIX A ---

 

 


Criteria for Soil Contamination and Landfill Disposal of Contaminated Soil

APPENDIX B

 
(Extracted from Appendix B of the EIA Report, Register No. AEIAR-058/2002)

Disposal Criteria for Contaminated Soil

Metals (for on-site reuse)

Parameter

TCLP Limit (ppm)

Cadmium

10

Chromium

50

Copper

250

Nickel

250

Lead

50

Zinc

250

Mercury

1

Tin

250

Silver

50

Antimony

150

Arsenic

50

Beryllium

10

Thallium

50

Vanadium

250

Selenium

1

Barium

1000

Source : Guidance Notes for Investigation and Remediation of Contaminated Sites (EPD TR1 / 99).

Metals

Toxicity Characteristics Leaching Procedure (TCLP) test for materials contaminated with heavy metals needs to be carried out in accordance with the testing frequency and requirements as stipulated in EPD’s Guidance Notes for Investigation and Remediation of Contaminated Sites.

TPH and PAH

Toxicity Characteristic Leaching Procedure (TCLP) tests for TPH, PAH and BTEX contaminated materials have to be carried out according to the testing frequency and requirements as stipulated in EPD’s “Guidance Notes for Investigation and Remediation of Contaminated Sites.  Pre-treatment is required to bring levels of TPH to below the TCLP limit of 2,500ppm PAH/BTEX to below the TCLP limit 1,000ppm.

Dioxins and Furans (PCDD/PCDF)

Toxicity Characteristic Leaching Procedure (TCLP) tests for PCDD/PCDF contaminated materials have to be carried out with reference to the requirements as stipulated in EPD’s Guidance Notes for Investigation and Remediation of Contaminated Sites.  Pre-treatment is required to bring levels of PCDD/PCDF to below the TCLP limit of 1ppb PCDD/PCDF (TEQ), subject to TCLP confirmation at a frequency of 1 sample per 100 tonnes of stabilised materials.

N.B.

TEQ       =        toxicity equivalent units.

ppm       =       mg/kg            (miligrams / kilogram)

ppm       =       mg/g              (micrograms / gram)

ppb        =       ng/g              (nanograms / gram)

ppb        =       1000pg/g      (picograms / gram)

--- END OF APPENDIX B ---


(Extracted from Appendix IV of ProPECC PN 3/94)

 

APPENDIX C

 
--- END OF APPENDIX C ---
| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 |


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