Environmental Permit No. EP-014/1998/A
環境許可證編號EP-014/1998/A
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 No. EP-014/1998 to the WASTE FACILITIES GROUP OF ENVIRONMENTAL PROTECTION DEPARTMENT (hereinafter referred to as the “Permit Holder”) on 13 January 1999. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (No. EP-014/1998) based on the Application No. VEP-269/2008. The amendments, described below, are incorporated into this Environmental Permit (No. EP-014/1998/A). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B subject to the conditions specified and attached to Part C of this Permit.
根據環境影響評估條例(「條例」)第 10 條的規定，環境保護署署長(「署長」)於1999年1月13日將環境許可證編號 EP-014/1998 批予環境保護署廢物設施組(下稱「許可證持有人」)。 根據條例第 13 條的規定，署長因應申請書編號 VEP-269/2008 修訂環境許可證編號 EP-014/1998。下文說明的修訂，已包含在本環境許可證內 (EP-014/1998/A)。本經修訂的環境許可證，適用於建造及營辦本許可證 B 部所說明的指定工程項目， 但須遵守本許可證 C 部所列明及附載的條件。
The issue of this Environmental Permit is based on the documents, approval and permissions described below :
本環境許可證乃依據下列的文件、批准及許可條件而簽發 :
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Application No. 申請書編號 |
VEP-269/2008 |
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Document in the Register : 登記冊上的文件:
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1.
Consultancy Study for
Outlying Islands Refuse Transfer Facilities : Initial Environmental Impact
Assessment [Hereinafter referred to as “the EIA Report”] 離島廢物轉運設施之顧問研究：初步環境影響評估 [下稱“環評報告”] (登記冊編號. EIA-026/BC)
2. Application for Environmental Permit submitted by the Permit Holder on 15 December 1998 (Application No.: AEP-014/1998) 許可證持有人於1998年12月15日提交的環境許可證申請文件（申請書編號：AEP-014/1998）
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Document in the Register : 登記冊上的文件: |
3. Environmental Permit issued on 13 January 1998 (Permit No. EP-014/1998) 於1998年1月13日發出的環境許可證 (許可證編號 EP-014/1998)
4. Application Document for Variation of an Environmental Permit submitted by the Permit Holder on 9 July 2008 (Application No. VEP-269/2008) 許可證持有人於2008年7月9日提交的更改環境許可證申請文件(申請書編號 VEP-269/2008)
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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
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Date of Amendments 修訂日期 |
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VEP- 269/2008 |
9 July 2008 2008年7月9日 |
1) Vary Scale and Scope of Designated Project in Part B 更改 B 部的指定工程項目的規模和範圍
2) Vary Condition 1.7 in Part C 更改 C 部條件第 1.7 項
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2008年8月4日 |
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4 August 2008 |
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Date 日期 |
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(Sam W. H. WONG) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃偉康代行) |
PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
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Title of Designated Project 指定工程項目的名稱
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Outlying Islands
Transfer Facilities at Sok Kwu Wan 索罟灣之垃圾轉運站 [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
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Construction and
operation of refuse transfer station. |
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Location of Designated Project 指定工程項目的地點
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Sok Kwu Wan, Lamma Island .
The location of this Project
is shown in Annex I of this Permit. |
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Scale and Scope of Designated Project |
The Project comprises the construction of a jetty and a platform at the foreshore with a total area of 390 sq.m and the volume of dredged material is estimated to be 200 cu.m. The handling capacity of the transfer facilities is 10 tonnes of waste per day. The full details are given in the supplementary information contained in the Environmental Permit Application (Application No. : AEP-014/1998) and the application document for variation of an environmental permit (Application No. : VEP-269/2008). 工程項目包括建造一個面積390平方米之岸邊碼頭和平台，而挖泥量大概是200立方米。轉運設施之容量為每日十噸。有關指定工程項目規模和範圍的詳細說明，載於環境許可證申請表（申請書編號：AEP-014/1998）內之補充文件及更改環境許可證申請文件(申請書編號 VEP-269/2008) 內。
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1. General Conditions
1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance with this permit may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and be definite ground for enforcement action or permit cancellation where applicable.
1.2 This permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Waste Disposal Ordinance (Cap.354) and others.
1.3 The Permit Holder shall make copies of this permit available at all times for inspection by the Director at all sites covered by this permit.
1.4 The Permit Holder shall give a copy of this permit to the person(s) in charge of the site.
1.5 The Permit Holder shall display a copy of this permit on the construction site at the 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 environmental 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.
1.6 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this permit.
1.7 The Permit Holder shall ensure that the Project are designed, constructed and operated in accordance with the information and recommendations contained in the EIA Report (Register No. EIA-026/BC), the supplementary information contained in the Environmental Permit Application (Application No. : AEP-014/1998) and the application document for variation of an environmental permit (Application No. : VEP-269/2008).
1.8 All finalised submissions, as required under this part of the permit, shall be released to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any other places or by any other means as specified by the Director for public inspection. For this purpose, the permit Holder shall provide sufficient copies of submission.
2. Submissions before Commencement of Construction
2.1 The Permit Holder shall submit an environmental monitoring and audit manual (EM&A Manual) for the Project to the Director for approval before commencement of any construction work. The EM&A Manual shall include the number and location of the monitoring stations, parameters to be monitored, methodology of taking measurements, monitoring frequency, event/action plan and reporting arrangements.
2.2 Baseline water quality monitoring on the parameters specified in the EM&A Manual mentioned in Section 2.1 above shall be carried out four weeks prior to the commencement of dredging or underwater activities.
2.3 Before the commencement of dredging, three sets of dredging plan, of a scale 1 in 500 or other reasonable scales, shall be deposited with the Director. The plan shall show:
a) the sequence and methodology of dredging and filling works;
b) details of dredging and filling works, such as the formation levels and quantities of dredging and filling materials;
c) drawings, including cross sections, showing the extent of dredging and filling works; and
d) details of filling materials, including the source and the transportation routes.
2.4 Before the commencement of superstructure construction of the refuse transfer facilities, three sets of general site layout plan, of a scale 1 in 500 or other reasonable scales, shall be deposited with the Director. The plan shall show:
a) the description and purpose of buildings and facilities; and
b) elevations and sections of these buildings and facilities.
3. Measures during the construction period
3.1 The Permit Holder shall employ an Independent Environmental Checker (IEC) to verify and certify the environmental acceptability of all permanent and temporary works, and relevant design plans. The IEC shall have at least 7 years of experience in environmental monitoring and auditing or environmental management. All environmental measures included in the submissions to the IEC shall be fully implemented.
3.2 Water quality and dust monitoring shall be carried out as specified in the EM&A Manual mentioned in Section 2.1 above.
3.3 All care shall be taken to ensure all dredging and filling works are carried out with due regards to minimize the potential water quality impacts to the maricultural zones proximate to the works.
3.4 The Director's prior approval shall be sought if the dredging volume exceeds 500 cubic metre.
3.5 Silt curtain(s) shall be installed in accordance with Annex II and III of this Permit before commencement of any dredging or underwater operations. The silt curtain(s) shall be in place and be maintained in a good working condition throughout all dredging and filling works that may impair the water quality.
3.6 All dredging activities shall be carried out by using grab dredger with close grabs. Only one grab dredger shall be used at any one time.
3.7 Barges and grab dredgers shall be fitted with tight-fitting seals to their bottom openings to prevent leakage of materials.
3.8 During dredging operation, freeboard shall be installed on barges.
3.9 No concrete batching shall be carried out on site. Sealed containers shall be used for transporting the concrete to ensure no contamination to the sea.
3.10 A sediment trap shall be constructed in accordance with Annex IV of this Permit upon completion of the filling operation.
3.11 Before the commencement of the superstructure construction of the refuse transfer facilities, three sets of landscape, visual and color scheme, verified by the IEC, shall be deposited with the Director.
4. Measures during the operation period
4.1 Water quality, odour and noise monitoring in operational stage shall be carried out as specified in the EM&A Manual mentioned in Section 2.1 above. An independent auditor shall carry out an annual audit to ensure that the operation of the facilities complies with the required environmental standards. The findings of the annual audit shall be approved by the Director and deposited in the EIA Ordinance Register Office.
4.2 The waste handling capacity of the refuse transfer facilities shall not exceed 10 tonnes per day on a weekly average basis. The Director's prior approval shall be sought in the event that the throughput is expected to increase beyond this limit.
4.3 Wheeled bins with closing lid shall be used to store the wastes gathered.
4.4 Good housekeeping measures shall be carried out at all times at the refuse transfer facilities to minimize nuisance. In the event of infestation, qualified personnels shall be used to control the pest.
4.5 Shallow-draft boats shall be used to deliver the bins to minimize the disturbance to the maricultural zones.
4.6 A small land-based crane shall be installed at the jetty for loading/unloading wheeled bins to minimize the potential noise nuisance.
4.7 All potentially contaminated waters arising from the project including leachate, initial flush of stormwater and sewage shall be collected and tankered away by shuttle boat for treatment at Mui Wo Refuse Transfer Facilities.
4.8 All uncontaminated stormwater collected shall pass through an oil and grease interceptor before discharging into the sea.
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-014/1998/A
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