Environmental
Permit No. EP-262/2007/B
環境許可證編號 EP-262/2007/B
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
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-262/2007 to the AIRPORT AUTHORITY HONG KONG (hereinafter referred to
as the “Permit Holder”) on 30 May 2007. Pursuant to Section 13 of the
Ordinance, the Director amends the Environmental Permit (No. EP-262/2007/A) based
on the Application No. VEP-251/2008. The amendments, described below, are
incorporated into this Environmental Permit (No. EP-262/2007/B). This
Environmental Permit as amended is for the construction and operation of the
designated project described in Part B subject to the
conditions specified and attached to Part C of this
Permit.
根據環境影響評估條例(「條例」)第
10 條的規定，環境保護署署長(「署長」)於
The issue of this Environmental Permit is based on the documents, approvals 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 :
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Application No. 申請書編號 |
VEP-251/2008 |
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Document in the Register : 登記冊上的文件: |
1.
Environmental Assessment Services
for Permanent Aviation Fuel Facility -
Final Environmental Impact
Assessment Report -
Final Environmental Impact
Assessment Report Appendices Volume 1, 2 & 3 -
Executive Summary for Final
Environmental Impact Assessment Report -
Final Environmental Monitoring and
Audit Manual Hereinafter
referred to as the “EIA Report” (Register No.: AEIAR-107/2007) 永久航空煤油設備環境評估服務 -
最終環境影響評估報告 -
最終環境影響評估報告附件第一、第二及第三冊 -
最終環境影響評估報告行政摘要 -
最終環境監察及審核手冊 下稱“環評報告”(登記冊編號：AEIAR–107/2007) |
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Document in the Register : 登記冊上的文件: |
2.
The Director’s letter of approval
of the EIA Report dated 30 May 2007 referenced Annex (34) to EP2/N9/B/19 環境保護署署長於 3.
Application for Environmental
Permit dated 22 December 2006 (Application No.: AEP-262/2006) 許可證持有人於 4.
Environmental
Permit issued on 30 May 2007 (Permit No.: EP-262/2007) 於 5.
Application
Document for Variation of an Environmental Permit submitted by the Permit
Holder on 8 November 2007 (Application No.: VEP-243/2007) 許可證持有人於 6.
Environmental
Permit issued on 30 November 2007 (Permit No.: EP-262/2007/A) 於 7.
Application
Document for Variation of an Environmental Permit submitted by the Permit
Holder on 5 February 2008 (Application No.: VEP-251/2008) 許可證持有人於 |
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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 |
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VEP- 243/2007 |
8 November 2007 |
1)
Vary
Conditions 1.7, 2.5 and 更改 C 部條件第 1.7、2.5
及 3.6 項 2)
Vary
Figure 更改 C 部的附圖
6 |
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VEP- 251/2008 |
5 February 2008 |
1)
Vary
Conditions 1.7, 3.17 and 更改 C 部條件第 1.7、3.17
及 3.19 項 |
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27 February 2008 |
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Date 日期 |
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(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) |
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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:
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Title of Designated Project 指定工程項目的名稱
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Permanent Aviation Fuel Facility [This designated project is
hereinafter referred to as “the Project”]. 永久航空煤油設備 [本指定工程項目下稱“工程項目”] 。 |
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Nature of Designated Project 指定工程項目的性質 |
A permanent aviation fuel facility which includes : -
a storage and transfer of oil facility with a
storage capacity of not less than 1,000 tonnes; and -
a submarine oil pipeline. 一所永久航空煤油設備，包括 : -
貯存量不少於1,000公噸的油類貯存和輸送設施﹔和
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Location of Designated Project 指定工程項目的地點
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1.
Tuen Mun Area 38 for locating of aviation fuel
storage tank farm; and 2.
Marine area between Tuen Mun Area 38 and Sha
Chau for laying of sub-sea fuel pipelines. The location of the
Project is shown in Figure 1 and Figure 2 of this Permit. 1.
航空煤油儲存油庫處於屯門第38區;和 2.
海底輸油管敷設於屯門第38區與沙洲之間的海域。 工程項目的地點展示於本許可證圖1和圖2內。 |
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Scale and
Scope of Designated Project |
The Project is to construct and operate a
permanent aviation fuel facility with the following major elements : 1.
a
jetty of two berths to accommodate vessels with capacity up to 80,000 dwt; 2.
a
tank farm, covering an site area of about 3.
a
twin sub-sea pipelines with length of about 工程項目為建造及營辦一所永久航空煤油設備，其主要設施包括： 1.
能容納達80,000載重噸航空煤油運油船的雙泊位碼頭； 2.
總儲油容量於開始階段不多於 3.
長約 |
1. General
Conditions
1.1
The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may constitute
a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and
may become the subject of appropriate action being taken under the Ordinance.
1.2
The Permit Holder shall ensure full compliance
with all legislation from time to time in force including, without limitation
to, the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance
(Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea
Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). This Permit does
not of itself constitute any ground of defence against any proceedings
instituted under any legislation or imply any approval under any legislation.
1.3
The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit 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-107/2007), the application for
environmental permit (Application No. AEP-262/2006) and the application
documents for variation of an environmental permit (Application No.
VEP-243/2007 and VEP-251/2008), 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 dates of
construction and operation of the Project prior to the commencement of
construction and operation of the Project. The Permit Holder shall notify the
Director in writing immediately if there is any change of the commencement
dates of the construction and operation.
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 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-107/2007) 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-107/2007) 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
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-107/2007) 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.
2.3
A qualified person with a degree in biology
shall be employed to carry out monitoring and visual inspection of Chinese
White Dolphin under Condition 3.17 of this Permit. The qualification and
experience of the qualified person shall be certified by ET Leader and verified
by the IEC. The qualified person shall form part of the ET.
Setting Up of Community
Liaison Group
2.4
To enhance communication with the local
community, the Permit Holder
shall, within
three months after commencement
of construction of the Project, set up a Community Liaison Group comprising relevant stakeholders to advise on and monitor the proper
design, construction and operation of the Project and
shall inform the Advisory Council on the Environment (ACE) and the Director in
writing the membership and
terms of reference of the Community Liaison Group and shall take
into account ACE’s views. The Permit
Holder shall place all minutes of meetings, the relevant documents and the associated papers
of the Community Liaison Group on the dedicated website set up by the Permit
Holder under Condition 6.2, within one month of the day of the meetings.
Updating of Environmental
Monitoring and Audit (EM&A) Manual
2.5
The Permit Holder shall, no later than one month
before the commencement of construction of the sub-sea pipelines 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 include the detailed arrangements
of setting up a Community Liaison Group mentioned in Condition 2.4 of this
Permit to monitor the proper design, construction and operation of the Project,
the detailed arrangements of carrying out design audit of the arrangements
and measures in the Project, the revised water
quality monitoring programme by inclusion of monitoring of Persistent Organic
Pollutants (POPs) during construction of the Project and the revised monitoring
programme as recommended in the application document for variation of an
environmental permit (Application No. VEP-243/2007). 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-107/2007) and the application document for variation of an environmental permit
(Application No. VEP-243/2007).
3. Submissions
or Measures during the Construction of Certain Parts of the Project
Management Organization 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 Marine Archaeological Impact during Construction
3.2
A marine archaeologist shall be engaged
during the carrying out of dredging works within
Submission of the Waste Management Plan
(WMP)
3.3
The Permit Holder shall, within one month after
the commencement of construction of the Project, deposit with the Director four
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-107/2007). 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 the approved EIA Report (Register
No. AEIAR-107/2007). 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 approved
WMP shall be fully and properly implemented by the Permit Holder and any person
working on the Project throughout the construction period.
Submissions of the Landscape
Plan
3.4
At least one month
before commencement of the landscape works, the Permit Holder shall deposit
with the Director four hard copies and one electronic copy of the landscape plan prepared for the Project.
The landscape plan shall include the locations, design details, implementation
schedules, and drawings in the scale of 1:1000 or other appropriate scale
showing the landscape and visual mitigation measures. The measures shall
include the perimeter landscaped berm and the landscaped planting. Before
submission to the Director, the landscape
plan 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-107/2007).
Measures to Prevent Risk to Life, Fuel Spillage,
Land Contamination and Water Quality Impact during Operation
3.5
The Permit Holder
shall, at least one month before commencement of implementation of the measures
to prevent risk to life, fuel spillage, land contamination and water quality
impact during operation of the Project, deposit with the Director four hard
copies and one electronic copy of the detailed design showing details of the
measures to be used in the Project. Before submission to the Director, the
detailed 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-107/2007). The measures shall
include, but not be limited to, the following requirements :-
a)
Containment
Systems of Aviation Fuel Storage Tank Farm
Containment systems including bund walls, security
walls and landscaped berm shall be properly designed and constructed for the
aviation fuel storage tank farm in accordance with the arrangements as shown in
Figure 4 of this Permit, in particular :
i)
All aviation fuel
storage tanks shall be located in bunded compounds with capacity of more than
110% of the contents of the largest aviation fuel storage tank in the bunded
compounds;
ii)
The bunds shall be
partly sunken below the level of ground outside the bunds. Wave deflector and
fire-retardant joints shall be used at the bunds. Intermediate bund walls shall
be designed and constructed within the bunded compounds for each aviation fuel
storage tanks;
iii)
Two impervious
security walls and a landscaped berm of at least
iv)
Gates at the
security walls shall be properly designed and constructed to provide sealing in
case of any fuel spillage within the aviation fuel storage tank farm; and
v)
All the bund and
security walls shall be properly designed and constructed using reinforced
concrete to provide sufficient structural strength to withstand any liquid
surged load in case of any accidents.
b)
Drainage
Isolation and Lining System for Aviation Fuel Storage Tank Farm
Drainage system shall be properly designed and
constructed for the aviation fuel storage tank farm to collect aviation fuel in
case of spillage. Valves and oil interceptors shall be installed at the
drainage system to prevent any oily discharge to the sea. Impermeable lining shall
be installed underneath all aviation fuel storage tanks to prevent seepage of
aviation fuel to ground.
c)
Overfilling
Monitoring Systems and Leakage Detection Systems
Tank overfilling monitoring systems, pipeline and
impermeable lining leakage detection systems and emergency shutdown (ESD)
systems shall be properly designed and constructed for the Project. All ESD
systems shall be equipped with manual initiating devices. The ESD systems shall
also be initiated automatically in case of actuation of fire alarm system,
overfilling monitoring system of aviation fuel storage tanks and leakage
detection system of sub-sea pipelines.
d)
Installations
at the Jetty
The jetty shall be installed with defensive
fenders and coupling points with slop collection utilities connecting to oil
interceptors.
e)
Sub-sea
Pipelines Protective Measures
The sub-sea aviation fuel transfer pipelines
shall be properly designed and constructed to prevent or minimize any damage or
leakage risk. The sub-sea pipelines shall be protected in accordance with the
arrangement as shown in Figure 5 of this
Permit. The sub-sea pipelines shall be buried at least
Measures to Mitigate Water Quality Impact during
Construction
3.6
During construction
of the Project,
a)
only one grab dredger shall be in
operation whenever dredging or backfilling works is being carried out within
the Sha Chau and Lung Kwu Chau
Marine Park as shown in Figure 6 of this
Permit; and
b)
no more
than two grab dredgers shall be in operation when dredging or backfilling works
is not being carried out within the Sha Chau and
3.7
No Lean Material
Overboard (LMOB) system shall be used.
3.8
No leaking pipe
shall be used for any hydraulic dredging operation.
3.9
Bottom openings of
barges and trailing suction hopper dredgers shall be tightly sealed to prevent
leakage of dredged materials. Freeboard on barges shall be provided to ensure
that decks are not washed by wave action.
3.10
No dredged material
shall be splashed to the surrounding water during loading of dredged material
to barges and hopper dredgers.
3.11
No dredged material
shall be overflowed from barges and hopper dredgers during loading or
transportation.
3.12
To mitigate environmental impacts
due to site runoff and other potential water pollution caused by construction
activities, mitigation measures described in Appendix A shall be implemented
throughout the construction period.
Measures to Protect the Sha Chau and Lung Kwu
Chau Marine Park and Avoid, Minimize or Mitigate Ecological and Fisheries
Impacts during Construction
3.13
No piling activity
other than those already completed prior to the issue of this Permit shall be
implemented for the Project unless otherwise agreed with the Director.
3.14
No construction work shall be
carried out from shore or land within the Sha Chau and
3.15
No hydraulic dredging shall be
carried out within the Sha Chau and
3.16
Pipeline trench dredging within the
Sha Chau and
3.17
A
3.18
No dredging works shall be carried
out in the night time (i.e. from 1900 hours to 0700 hours of the following day)
except for the section crossing the Urmston Road Channel as shown in Figure 6 of this Permit.
3.19
No dredging works outside the “Gate
1 to Gate
4. Submissions
or Measures for the Operation of the Project
Measures to Prevent Risk to Life, Fuel Spillage,
Land Contamination and Water Quality Impact during Operation
Design
Audit Report
4.1 The Permit Holder shall be
fully responsible for monitoring and audit the proper implementation and
effectiveness of the design arrangements and measures mentioned in Condition
3.5 of this Permit to prevent risk to life, fuel spillage, land contamination
and water quality impact during operation of the Project. The Permit Holder
shall, at least six months before operation of the Project, deposit with the
Director four hard copies and one electronic copy of an audit report showing
the incorporation of the relevant recommendations and measures. The audit
report shall also include a systematic checking of the design arrangements and
measures incorporated in the Project and an operation manual providing detailed
operating and monitoring procedures for the operation of the Project.
Annual
Audit Report
4.2 The performances of the
design arrangements and measures mentioned in Condition 3.5 of this Permit
shall be inspected, tested and audited at least once a year and documented in
an annual audit report. Four hard copies and one electronic copy of the annual
audit report shall be deposited with the Director within first three months
after the end of the audit year.
Contingency
Plan
4.3 The Permit Holder shall
formulate a comprehensive contingency plan to handle the event of fire, fuel
spillage and fuel leakage. The contingency plan shall at least detail the
remedial actions, the emergency response planning and procedures, the logistic
arrangements and coordination and the notification arrangements for the event
of fire, fuel spillage and fuel leakage. Oil dispersant shall not be used. The
Permit Holder shall carry out regular rehearsal of the contingency plan to
ensure the effectiveness of the plan. The Permit Holder shall, at least two
months before operation of relevant parts of the Project, deposit with the
Director four hard copies and one electronic copy of the contingency plan.
Environmental
Management System
4.4 The Permit
Holder shall, before the operation of the Project or otherwise agreed by the
Director, develop and implement an Environmental Management System (EMS) for
the operation of the Project. The
Design
Review Report for Second Stage Development
4.5 The
Permit Holder shall, at least 6 months before construction of the second stage
of the Project as shown in Figure 2 of
this Permit, submit a design review report to the Director for approval. The
report shall include, but not be limited to, a review of hazard to life
assessment for the Project.
5. Environmental
Monitoring and Audit (EM&A) for the Project
5.1
The EM&A programme shall be implemented in
accordance with the procedures and requirements in the EM&A Manual.
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
Four 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 sub-sea pipelines of
the Project. The submission 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
Four hard copies and one electronic copy of the
monthly EM&A Report for the Project shall be submitted to the Director
within 2 weeks after the end of the reporting month. The
submission 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(s) as
set out in the Event/Action Plan, 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,
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.
5.8
Within
three months of the commencement of construction of the Project, the Permit
Holder shall install and thereafter maintain a system of web cameras covering
the works areas at Tuen Mun site. The system shall provide real time visual
monitoring of the site condition during construction and be accessible by
public through the dedicated web site set up by the Permit Holder under
Condition 6.2 below.
6. Electronic Reporting of EM&A
Information
6.1
To
facilitate public inspection of the EM&A Manual, 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 construction of
the Project. All environmental monitoring results described in Condition 6.1
above, all submissions and all performance test data and results required by
this Permit and all minutes of meetings, documents and papers for the Community
Liaison Group as described in Condition 2.4 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,
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; 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-262/2007/B
Appendix A (as
referred to in Condition 3.12)
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.
(iv)
Open stockpiles of construction materials (e.g.
aggregates and sand) on site shall be covered with tarpaulin or similar fabric
during rainstorms. Measures such as providing sand bag barriers shall be taken to
prevent the washing away of construction materials, soil, silt or debris into
any drainage system.
(v)
Manholes (including any newly constructed ones)
shall always be adequately covered and temporarily sealed so as to prevent silt,
construction materials or debris from getting into the drainage system, and to
prevent storm run-off from getting into foul sewers. Discharges of surface run-off into foul sewers shall always
be prevented in order not to unduly overload the foul sewerage system.
(b)
General Construction Activities
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 during rainstorms. Any washout of construction or
excavated materials should be diverted to the drainage system via sediment
traps. Stockpiling of the excavated material can be minimised by scheduling the
construction programme in a way that one section of the Project can be
constructed and completed before the excavation works of the next section
commence.
Environmental Permit No. EP-262/2007/B
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