Environmental Permit No. EP-313/2008/A
環境許可證編號EP-313/2008/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 EIAO), the Director of
Environmental Protection (the Director) grants the environmental permit
(EP-313/2008) to MTR Corporation Limited (hereinafter referred to as the “Permit Holder”) on
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)第10條的規定，環境保護署署長(署長)於2009年1月12日將環境許可證(編號EP-313/2008)批予 MTR Corporation Limited (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-291/2009 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-313/2008/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：
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Application No. 申請書編號 |
VEP-291/2009 |
|
Document
in the Register: 登記冊上的文件： |
(1) West Island Line Environmental Impact Assessment (EIA)
Report, Environmental Monitoring and Audit (EM&A) Manual and Executive
Summary (Register No.: AEIAR-126/2008) [Hereinafter
referred to as the “EIA Report”] (1) 西港島線環境影響評估報告，環境監測及審核手冊及行政摘要 (登記冊檔號: AEIAR-126/2008) [下稱 “環評報告”] (2) The Director’s letter of approval of the EIA report
dated (2) 署長於2008年12月23日發出批准環評報告的信件 [檔案編號: (10) in EP2/G/A/138 Pt.5] (3)
Application for an Environmental Permit No. AEP-313/2008. [Hereafter
referred to as “the Application No. AEP-313/2008”] (3)
申請環境許可證編號 AEP-313/2008。[下稱 “申請書編號 AEP-313/2008”] |
|
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的修訂項目 |
Date of
Amendment 修訂日期 |
|
VEP-291/2009 |
2009年6月15日 |
Vary Conditions 1.14,
2.7 and 2.12.1 in Part C of Environmental Permit No. EP-313/2008 to shorten
the notification periods to 1 week, 2 weeks and 2 weeks respectively. 更改環境許可證編號EP-313/2008 C部第 1.14, 2.7 和
2.12.1 項條件, 依序縮短通知期限至1星期, 2星期及2星期。 |
2009年6月26日 |
|
2009年6月26日 |
|
|
|
|
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) |
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PART B (DESCRIPTIONS OF DESIGNATED
PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of
the designated project mentioned in Part A of this environmental permit
(hereinafter referred to as the
“Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明:
|
Title
of Designated Project 指定工程項目的名稱 |
[This designated project is
hereinafter referred to as “the Project”] 西港島線 [這指定工程項目下稱“工程項目”] |
|
Nature
of Designated Project |
Construction and operation of an approximately 3 km underground railway and its associated stations. 興建和運作一條長約3 公里的地底鐵路及有關的火車站。 |
|
Location
of Designated Project 指定工程項目的地點 |
Sheung Wan,
Sai Ying Pun and 上環、西營盤和堅尼地城。工程項目的位置見載於本許可證夾附的圖1 及 2。 |
|
Scale and Scope of
Designated Project(s) 指定工程項目的規模和範圍 |
Construction and operation of an approximately 3km underground
railway, the Sai Ying Pun Station, University Station and Kennedy Town
Station, the related Ventilation Buildings, Electrical and Mechanical Plant Buildings, and the
Temporary Underground Explosives Storage Magazine. 興建和營辦一條長約3公里的地底鐵路、西營盤站、大學站和堅尼地城站、有關的通風樓、機樓 及 臨時地下炸藥庫。 |
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 but
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), Factories and Industrial Undertakings Ordinance (Cap. 59) and
Dangerous Goods Ordinance (Cap.295).
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 authorised 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 construction
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 construction site(s).
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 is designed, constructed and operated in
accordance with the information and all recommendations described in the EIA
Report (Register No.: AEIAR- 126/2008), the application documents including all attachments (Application No.
AEP-313/2008), other
relevant documents in the Register; and the information or mitigation measures
described in this Permit, and 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 as specified by the
Director.
1.9
All submissions
approved by the Director, all submissions deposited without comments by the
Director, and 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 finalised 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 means as specified by the Director, for
public inspection. For this purpose, the Permit Holder shall provide sufficient
copies of the submissions.
1.11
The Permit
Holder shall notify the Director in writing the commencement date of
construction of the Project no later than one month prior to the commencement
of construction of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
construction.
1.12
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 finalised 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
hardcopies.
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.
1.14 The
Permit Holder shall notify the Director in writing the commencement date of
operation of the Project no later than one week prior to the commencement of
operation of the Project. The Permit Holder shall notify the Director in
writing immediately if there is any change of the commencement date of the
operation.
2 Special
Conditions
Submissions or Measures before
Commencement of Construction of the Project
2.1 An Environmental Team (ET) shall be established by the
Permit Holder no later than one month before the commencement of construction
of the Project. The ET shall not be in any way an associated body of the
Independent Environmental Checker (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 EM&A
requirements as contained in the EM&A Manual of the Project. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report (Register No. AEIAR-126/2008) and 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 EIA Report (Register No. AEIAR-126/2008) 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 Independent Environmental Checker (IEC) shall be
employed by the Permit Holder no later than one month before commencement of
construction of the Project. The IEC shall not be in any way an associated body
of the Contractor or the ET for the Project. The IEC shall be a person who has
at least 7 years of experience in EM&A or environmental management. The IEC
shall be responsible for duties defined in the EM&A Manual and shall audit
the overall EM&A performance, 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 EIA Report (Register No. AEIAR-126/2008)
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
The Permit Holder shall, no later than two weeks
before the 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.
2.4 The Permit Holder shall, no later than two
weeks before the commencement of construction of the Project, deposit with the Director six hard copies and one electronic copy of the construction programme
showing the commencement and completion dates of major items of construction
works, including dates of taking possession of and subsequent exit from Works
Area B. The construction programme
shall be certified by the ET Leader and verified by the IEC as conforming to
the information, requirements and recommendations set out in the approved EIA
report (Register No. AEIAR-126/2008). The Permit Holder shall
inform the Director accordingly in writing in case of any subsequent changes of
items contained in this submitted construction programme.
2.5 The Permit Holder shall appoint a Certified Arborist for the Project to
advise on, monitor and ensure proper implementation of measures for protecting
trees affected by the Project, in particular the tree walls and registered Old
and Valuable Trees around Forbes Street Temporary Playground and
2.6 The Permit Holder shall set up Community Liaison Groups comprising representatives
of concerned and affected parties, including owners’ corporations, management
offices, local committees and schools in the affected areas, to facilitate communication,
enquiries and complaints handling on all environmental issues, including the follow up on the implementation of remedial mitigation measures, and
other initiatives by the Permit Holder such as Indirect Technical Remedy in the
form of upgraded glazing and air conditioning for eligible dwellings affected
by construction air-borne noise impact, as well as any need for real time noise
monitoring and web camera monitoring.
The Permit Holder shall notify the Director the date of setting up
the Community Liaison Groups at least 2 weeks before commencement of
construction of the Project. A designated
complaint hotline shall also be set up for the Project to address such concerns
and complaints in an efficient manner.
2.7 The Certified Arborist appointed
under Condition 2.5 shall no later than two weeks before the commencement of
construction of the Project, deposit with the Director six (6) hard copies and
one electronic copy of a Tree Protection Plan detailing the requirements and
measures for the proper protection and monitoring of trees affected by the
construction of the Project, including all Old and Valuable Trees within the
Project boundary and the tree walls at Forbes Street Temporary Playground and
King George V Memorial Park. The Tree Protection Plan shall also cover Works
Area MA (magazine site) shown in Figure 2 and shall include:
(i)
detailed working method statement for the protection of retained
trees;
(ii)
tree transplanting proposal including final
location for transplanted trees that will be affected by the works and are trees
of high to medium survival rate;
(iii)
compensatory tree planting proposal including location of
trees planted as compensation to felled trees;
(iv)
water table monitoring proposal at Forbes
Street Temporary Playground;
(v)
an audit report proposal on the tree
protection activities to be implemented throughout the construction period
Before submission to the
Director, the Tree Protection Plan shall be certified by the ET Leader and
verified by the IEC as conforming to the information, requirements and
recommendations as set out in the approved EIA report.
2.8 Prior to the commencement of construction work at Works
Area MA (the magazine site), to protect the two individual plants, Hong Kong
Pavetta (Pavetta hongkongensis), located within the footprint of
proposed tunnel portal and access entrance from Works Area MA, shall be
transplanted to a suitable nearby tall shrubland or woodland habitats. The transplantation
shall be supervised by the Certified Arborist appointed under Condition 2.5. The existing trees and species of conservation
importance (i.e. the two identified Silver-back Artocarpus, Artocarpus hypargyreus)
located near the Works Area MA shall be fenced off and the trunk protected with
hessian sacking as far as practicable prior to the commencement of construction
work at Works Area MA.
2.9 The Tunnel Boring Machine (TBM)
to be used in the Project shall be launched at Works Area N1
(Sai Woo Lane). If a different
Works Area is proposed to be used as the TBM launching shaft, then the Permit
Holder shall deposit six hard copies and an electronic copy of a TBM
construction method statement with the Director no later than one month before
commencement of the construction work at the launching shaft site. The TBM
construction method statement shall review potential environmental issues
specific to TBM construction using a launching shaft other than Works Area N1,
such as construction stage air-borne noise impact, waste disposal and landscape
and visual impacts at the TBM launching shaft site. Before submission to the Director, the TBM
construction method statement shall be certified by the ET Leader and verified
by the IEC as conforming to the information, requirements and recommendations
in the approved EIA report.
Submissions or Measures during Construction
of the Project
2.10 Measures to
Mitigation Construction Stage Air-Borne Noise Impacts
2.10.1 The following measures shall be employed at specific
works areas to mitigate construction noise impacts. If variations or other measure(s)
not specified below is/are to be used as a result of discussions and agreements
at the Community Liaison Groups set up under Condition 2.6, the Director shall
be notified of such changes or alternative proposal through the EM&A
mechanism under Condition 6.
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Mitigation Measures (Details
& timing to refer to approved EIA Report) |
Works areas |
|
Movable noise barrier shall be used for the following
PME where practicable: Breaker, Mini Backhoe, Generator, Backhoe, Crane, Hand-held Vibratory Poker, Hydraulic
Breaker, Wheel Loader, Crusher, Hand Held Breaker, Compressor, Grout Plant, Grout
Mixer, Concrete Pump, Excavator, Lorry Crane, Mobile Crane, Crawler Crane. |
Works areas A, C, D, H, I, J, J1,
L1, M1, N1, M3, O1, O2 and O3 |
|
Noise enclosure / acoustic shed shall be used for the
following PMEs where practicable: Air Compressor Concrete Pump, Shotcrete
Pump, Hand Held Breaker, Grout Pump, Concrete Corer. |
All works areas |
|
Acoustic Enclosure shall be used for
enclosing the rock drill as fully as possible. |
Works areas H, N1 and M |
|
Noise insulating cover shall be used
to cover the following PME: Breaker, Backhoe, Submersible Electric Water Pump,
Crawler Mounted Rock Drill Trucks, Rock drill, Air Compressor, Electric Winch,
Concrete pump, Hand-held Vibratory Poker, Hand Held Breaker, Crane, Shotcrete
pump. |
Works areas J1, N1, M1 and M3 |
|
Silencer shall be used for the
ventilation fan. |
Works areas MA, A, C, D, G, H, I, J, J1, J2, J3, L1, M,
M1, M3, N1, O1, O2 and O3. |
|
Noise insulating fabric shall be applied where
practicable to cover the following PME: Pile Rig, Drill Rig, Pile Extractor, Power
Rammer, Earth Auger Pilling, Hydraulic Piling, Sheet Piling Machine. |
Works areas MA, C, D, G, H, I, J,
J1, J2, J3, L1, M, M1, M3, N1, O1, O2 and O3. |
|
Use of “Noise Control Curtain” - a
noise insulating fabric to be mounted on the steel scaffold erected on the
buildings to be demolished to an extent such that the line of sight between the
noise source and NSR would be blocked. |
Works area A |
|
Temporary noise barriers shall be erected at the works
areas of West of KET Station and SYP Entrance A1 & A2. |
Works areas C and N1 |
|
Decking over shall be provided to cover the excavation
area. |
Works areas J, J3, G and L1 |
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Full enclosure of entire works area. |
Works area J2 |
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Use of concrete crusher instead of
hydraulic breaker. |
Works area J2, M1 and M3 |
2.11 Submissions
or Measures
to Mitigate Construction Stage Cultural Heritage Impacts
2.11.1 A qualified and
licensed Archaeologist shall be appointed to conduct an Archaeological Watching
Brief (AWB), based on methodology in Annex A in Appendix 6.2 of the approved
EIA Report, for excavation works in the Project. The Archaeologist shall
deposit six hard
copies and an electronic copy of the AWB Proposal with the Director no later
than one month before commencement of excavation works, detailing the
inspection schedule and areas which require AWB. The Archaeologist
shall present the procedures and result of the AWB, including all data,
material and records forming the site archive, in an AWB Report to be deposited
in six hard copies and an electronic copy with the Director within one month
after completion of the AWB.
2.12 Submissions or
Measures for Construction Waste Management
2.12.1 Six hard copies and an electronic copy of a Waste
Management Plan (WMP) shall be deposited with the Director no later than two
weeks prior to the commencement of construction of the Project to provide an
overall framework for waste management and reduction. The WMP shall include detailed
information such as estimated volume of different types of waste, e.g. construction and demolition (C&D) material
and general refuse, generated from construction activities at various works
areas of the Project at different times during the construction programme, in
particular if the TBM launching shaft will not be located at Works Area N1, as
well as the proper transportation, storage, and disposal methods and the final disposal
sites for different wastes. All measures recommended in the deposited WMP shall be fully and
properly implemented.
2.13 Measures to Mitigate
Construction Water Quality Impact
2.13.1 There shall be no reclamation work for
the Project.
3.1.1 Demolition and clearance work is being carried out by others in
Work Area B, the location of which is
shown in Figure 2 covering all existing chimneys, buildings and
ancillary structures above the existing concrete ground slab in the Works Area
B, and also including the removal of asbestos containing materials and
dioxin/furan contaminated wastes within the Works Area B, and the remediation and disposal of wastes contaminated by Dioxins and/or
Furans.
The following conditions shall be complied with prior to the Permit Holder’s
entry to or taking possession of Works Area B :
(a)
At least two weeks before the Permit
Holder’s entry to or taking possession of Works Area B, the Permit Holder shall
deposit with the Director six hard copy and an electronic copy of 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
and/or temporary uses in Works Area B of the Project. The works and/or temporary uses in Works
Area B of Project shall be implemented according to the updated programme.
(b)
Six hard copies and one electronic copy
of Remediation Report shall be deposited with the Director after the completion
of the remediation and disposal of contaminated soil and wastes at Works Area
B. The Remediation Report shall demonstrate
that the remediation and disposal work has been undertaken according to the specified
methodology and has been shown to be adequate. The Remediation Report shall be
submitted at least one month before the Permit Holder’s entry to or taking
possession of Works Area B.
3.1.2 The
following conditions shall be complied with after the Permit Holder’s entry to
or taking possession of Works Area B, but before commencing temporary uses,
which shall be limited to site office, storage of common construction materials,
workshops, welfare facilities, receiving & stockpiling area for excavated
spoil, loading point for spoil barges, landing & storage area for pre-cast
tunnel lining segments and rock crushing:
(a) An
Independent Structural Checker (ISC) shall be appointed by the Permit Holder no
later than one month before commencing temporary use of Works Area B. The ISC shall
be a person with at least 7 years' experience in structural engineering design
or structural engineering project management. The ISC shall not be in any way
an associated body of the Contractor or the Permit Holder for the Project.
(b) At
locations within the Works Area B identified to be temporarily used as
mentioned in Condition 3.1.2 above, an additional concrete paving of not less
than 200 mm thickness shall be provided.
The indicative extent and details of this additional concrete paving
shall be given in a report to be provided by the ISC at least two weeks before
the Permit Holder’s commencing temporary use of Works Area B. Six hard copies and an electronic copy
of the report shall be deposited with the Director by the ISC, who shall
certify the structural adequacy of the concrete pavement design, as proposed in
Appendix 2.5 in the Approved EIA Report No. 126/2008, so that the soil underneath
will not be disturbed or exposed due to the temporary use of Works Area B as
mentioned in Condition 3.1.2 above.
3.2 Measures
to be implemented and/or maintained during temporary use of Works Area B
3.2.1 The Permit Holder shall
not use or carry out any activity in Works Area B other than the site office
and storage of common construction materials as well as workshops, welfare
facilities, receiving & stockpiling area for excavated spoil, loading point
for spoil barges, landing & storage area for pre-cast tunnel lining
segments and rock crushing.
3.2.2
Throughout the entire period of
temporary use of Works Area B, 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 temporary use of Works Area B as
mentioned in Condition 3.2.1 above, 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.
3.2.3 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 Works Area B 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 3 of this Permit.
3.2.4 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 Works Area B shall be
properly designed and constructed to incorporate gas-resistant membranes
flooring. The indicative design is
shown in Figure 3 of this Permit.
3.2.5
All the temporary uses of Works Area B,
including any associated 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.
3.2.6
Existing site hoardings shall be
maintained and/or new site hoardings shall be erected around the works area. These site hoardings shall be properly
maintained, complete and intact surrounding the site at all times during temporary
use of Works Area B to restrict access of trespassers in order to protect the
trespassers from the contaminated soil and groundwater in the works area.
3.2.7 Mitigation measures as follow-on to previous
demolition & remediation work / to prevent release of contaminants from the
soil :
(a)
use adequately designed and maintained
perimeter channels, sediment traps, temporary channels, temporary diversion and
oil interception facilities to mitigate site run-off impacts;
(b)
divert all clean surface water around Works
Area B;
(c)
provide bunded areas for generators, and
for storage of fuel, oil and chemical wastes; and
(d)
the provision of mitigation measures to
avoid any potential release of additional underground contaminants into the
environment resulting from the temporary use of Works Area B as mentioned in
Condition 3.2.1 above, and the provision of mitigation measures to avoid
impacts on workers on Works Area B and the general public nearby, including
residents and passers-by.
3.3 Exit
from, handing over, or ceasing temporary use of Works Area B
3.3.1 Prior
to the Permit Holder’s exit from, handing over, or ceasing temporary use of
Works Area B, the temporary site office and facilities for other temporary uses
mentioned in Condition 3.2.1 above shall be removed completely from Works Area
B. The site hoardings shall not be removed but shall be properly maintained, complete
and intact surrounding the site at all times during the Permit Holder’s exit
from, handing over, or ceasing temporary use of Works Area B.
3.3.2
Prior to the Permit Holder’s exit from,
handing over, or ceasing temporary use of Works Area B and upon completion of
removal of all facilities for temporary uses mentioned in Condition 3.2.1
above, an 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. The Permit Holder shall deposit with the
Director six hard copies and one electronic copy of a record of the inspection
and any repair/remedy work performed to the additional concrete paving, the
site drainage, the foul sewerage systems and the site hoardings at least four
weeks prior to the Permit Holder’s exit from, handing over, or ceasing
temporary use of Works Area B
4. Submissions
or Measures before Commencement of Operation of the Project
4.1 Submissions
or Measures for Operation Stage Ground-Borne Noise Impacts
4.1.1 All the tracks for the
Project shall be underground.
4.1.2 In accordance with the
assumptions in the approved EIA Report, only the Metro-Cammell type Electric Multiple Units (M-stock) shall
be deployed on the Project. The maximum nighttime
train frequency operating on the Project shall be limited to 3 minute in each direction and the train types similar to
trains being used in urban line with 8-cars, i.e. total length 200m.
4.1.3 Type 1a Trackform – Resilient Baseplate with stiffness of
about 25 KN/mm shall be installed at both the west and east bounds starting
from Luen Yee Building to the alignment before West Point, and also the
alignment starting from Tower 3 of Academic Terrace to Sai Wan Estate, as shown
in Figure 4.7 & 4.8 of Approved EIA Report and reproduced in Figures 4 and 5 of
this Permit.
4.1.4 Within
one month after the completion of installing the tracks, the Permit Holder
shall deposit six sets of hard copy and an electronic copy of as-built
drawing(s) for the operation ground-borne noise mitigation measures, including
the Type 1a Trackform mentioned in Condition
4.1.3 above. The
drawing(s) shall be certified by the ET Leader and verified by the IEC to
confirm that the length of track types are installed in accordance with the
locations specified in the Approved EIA Report.
4.1.5 Six months prior to the operation of the
Project, the Permit Holder shall submit to the Director for approval six (6)
sets of hard copy and an electronic copy of noise performance test proposal.
The noise performance test proposal shall include key sensitive receivers,
including domestic premises, to illustrate that the operation of the Project
meets the operational ground borne noise criteria in the Approved EIA Report.
Before submission to the Director, the noise performance test proposal 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.
4.1.6 Two months prior to the operation of the
Project, the Permit Holder shall carry out the noise performance test in
accordance with the approved noise performance test proposal and deposit with
the Director six (6) sets of hard copy and an electronic copy of the noise
performance test report, on the basis of Condition 4.1.4. Before submission to
the Director, the noise performance test report shall be certified by the ET
Leader and verified by the IEC. All measures as recommended in the noise
performance test report, if any, shall be fully and properly implemented.
4.2 Submissions
or Measures for Operation Stage Landscape and Visual Impacts
4.2.1 Six hard copies and an
electronic copy of an aesthetic landscape and architectural proposal shall be
deposited with the Director no later than three (3) months before commencement
of operation of the Project. The proposal shall include details of landscape
and architectural design of station entrances, vent shafts and other above
ground structures to show that the elements have been sensitively designed in
colour, texture and tonal quality to be compatible with the existing urban
context and minimize the landscape and visual impacts. Tree planting, roof greening and
vertical greening may be applied where space, operation and maintenance
requirements can be met. Where applicable, the proposal shall state how the discussions and agreements at
the Community Liaison Groups set up under Condition 2.6 have been
incorporated. The recommendations
of the proposal shall be fully and properly implemented.
4.2.2 At
least one month before the Project commences operation, six (6) sets of hardcopy
and an electronic copy of an audit report on the implementation of
recommendations in the Tree Protection Plan and detailed landscape as-built drawing(s) showing the final
locations of tree plantings shall be deposited with the Director to demonstrate
compliance with the deposited submissions under Condition 2.7. This final set
of as-built submission(s) shall be certified by the ET Leader and verified by
the IEC to demonstrate that the requirements and recommendations in the
deposited submissions under Condition 2.7 is fulfilled.
5. Submissions
during Operation of the Project
5.1 Submission
for Operation Visual and Landscape Impact
5.1.1 The Permit Holder shall
consult relevant government departments
including Leisure and Cultural Services Department and Planning Department on
the reprovisioning/restoration of the public open space affected by the
Project. The Permit Holder shall
deposit with the Director six hard copies and an electronic copy of the record
of the public open space reprovisioning/restoration.
6. Environmental Monitoring and Audit
Requirements
6.1 The EM&A programme shall be
implemented in accordance with the procedures and requirements as set out in
the approved EM&A Manual. Any changes to the programme shall be justified
by the ET Leader and verified by the IEC as conforming to the information and
requirements contained in the EM&A Manual before submission to the Director
for approval. The EM&A
programme shall include, among other items, the following :
(i)
ground-borne
construction noise monitoring shall be conducted for TMB tunneling work. The monitoring locations shall be above
the cutting face of the TBM, and shall be located as close to the cutting face
as practicable, in accordance with the requirements in the approved EM&A
Manual;
(ii)
construction vibration monitoring shall
be conducted at Declared Monuments, Graded Historic Buildings or other
Built Heritage Resources within the Project boundary as identified in the
approved EIA Report and reported in accordance with the requirements
of the approved EM&A Manual; and
(iii)
ground water table monitoring shall be
conducted on a weekly basis at Forbes Street as
a precautionary measure against possible impact on tree walls at Forbes Street Temporary
Playground due to the potential groundwater drawdown induced by tunneling
work. The monitoring work and the provision
of recharge wells, if any, shall be in accordance with the requirements of the
approved EM&A Manual.
6.2 Samples, measurements and necessary remedial actions shall be taken in
accordance with the requirements of the EM&A Manual by:
(a)
conducting
baseline environmental monitoring;
(b)
conducting
impact monitoring;
(c)
carrying out
remedial actions described in Event/Action Plans of the approved EM&A
Manual in accordance with the time frames set out in Event/Action Plans, or as
agreed by the Director, in case where specified criteria in the approved EM&A
Manual are exceeded; and
(d)
logging and
keeping records of details of (a) to (c) above for all parameters within 3
working days of collection of data or completion of remedial action(s), for the
purpose of preparing and submitting the monthly EM&A Reports and to make
available for inspection on site.
6.3 Six
(6) hard copies and one electronic copy of the Baseline Monitoring Report shall
be submitted to the Director at least one month before commencement of
construction of the Project. The submission shall be certified by the ET Leader
and verified by the IEC. Additional copies of the submission shall be made
available to the Director upon his request.
6.4 Six
(6) hard copies and one electronic copy of monthly EM&A Report shall be
submitted to the Director within 10 working days after the end of the reporting
month. The EM&A Reports shall include a summary of all non-compliance
(exceedances) of the environmental quality performance limits (Action and Limit
Levels). The submissions shall be verified by the IEC. Additional copies of the
submission shall be provided to the Director upon request by the Director.
6.5 All environmental monitoring and audit data submitted
under this Permit shall be true, valid and correct.
7.
Electronic Reporting of EM&A Information
7.1 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 hardcopies as described in Condition 6 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 hardcopies.
7.2 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 data described in Condition 6
above shall be made available to the public via a dedicated web site to be set
up by the Permit Holder in the shortest possible time 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.
7.3 The Internet website as described in Condition
7.2 above shall enable user-friendly public access to the monitoring and
project data including the approved EIA report and the environmental permit(s)
and the 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
works;
(b)
searching
by date;
(c)
searching
by types of monitoring data (noise, water and air quality); 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 Ordinance to the
Director for a variation of the conditions of this Permit. The Permit
Holder shall replace the original permit displayed on the construction site by
the amended permit.
4.
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.
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
construction 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 Part I of 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-313/2008/A
環境許可證編號 EP-313/2008/A