Environmental Permit No. EP-342/2009/A
環境許可證編號EP-342/2009/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTIONS 10 AND 13
環境影響評估條例
(第499章)
第10條及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 (EIAO), the Director of Environmental Protection (the
Director) granted the Environmental Permit EP-342/2009 to HIGHWAYS DEPARTMENT (hereinafter referred to as the “Permit
Holder”) on 15 May 2009. Pursuant
to Section 13 of the Ordinance, the Director amends the Environmental Permit
(No. EP-342/2009) based on the Application No. VEP-301/2009. The amendments, described below, are
incorporated into the Environmental Permit (No. EP-342/2009/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. 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
|
Application No. 申請書編號 |
VEP-301/2009 |
|
|
Document in
the Register: 登記冊上的文件： |
(1) (2) (3) (4) (5) |
Traffic Improvements to Environmental Impact Assessment Report (December 2008) [Hereinafter
referred to as the “EIA Report”] EIA
Executive Summary (December 2008) [Hereinafter
referred to as the “EIA Executive Summary”] Environmental Monitoring and Audit Manual (December 2008) [Hereinafter
referred to as the “EM&A Manual”] (Register
No. AEIAR-128/2009) 屯門公路市中心段交通改善工程環境影響評估報告(2008年12月) [下稱“環評報告”] 環境影響評估報告行政摘要
(2008年12月) [下稱“環評摘要”] 環境監察及審核手冊 (2008年12月) [下稱 “環監手冊”] (登記冊檔號：
AEIAR-128/2009) The Director’s letter of approval of the EIA report dated 17 February
2009 (Reference: (37) in Ax (5) to EP2/G/A/ 署長於2009年 Application for environmental permit submitted by the Permit Holder on
20 April 2009 (Application No. AEP-342/2009) 許可證持有人於2009年4月20日提交的環境許可證申請 (申請書編號：AEP- 342/2009) Environmental Permit issued on 15
May 2009 (Permit No. EP-342/2009) 於 Application for Variation of Environmental Permit including all
attachments submitted by the Permit Holder on 30 September 2009 (Application
No. VEP-301/2009) 許可證持有人於 |
|
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 Amendments 修訂日期 |
|
VEP-301/2009 |
30 September 2009 |
Amend Condition 更改C部條件第2.10項 |
27 October 2009 |
27
October 2009
|
Date 日期 |
|
( Ag. Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任敖國強代行) |
PART B (DESCRIPTION OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is the description of the designated
project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱“許可證”)A部所提述的指定工程項目的說明﹕
|
Title
of Designated Project 指定工程項目的名稱 |
Traffic
Improvements to Tuen Mun Road
Town Centre Section [This
designated project is hereinafter referred to as “the Project”] 屯門公路市中心交通改善工程[本指定工程項目下稱 “工程項目”] |
|
Nature of Designated Project |
A major improvement to an existing trunk road and
construction of a district distributor road 對現有主要幹路作重大改善工程及建造一條地區幹路
|
|
Location
of Designated Project 指定工程項目的地點 |
Located within the 本工程位於屯門公路市心中心段。工程項目的位置載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The
project is to widen about 本工程將擴闊由仁愛堂至皇珠路交匯處之間長約 |
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 (EIAO) (Cap.
499) and may become the subject of appropriate action being taken under the EIAO.
1.2 The Permit Holder shall ensure
full compliance with all legislation from time to time in force including,
without limitation to, the Noise Control Ordinance (Cap. 400), Air Pollution
Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste
Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance (Cap. 466). 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 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 in 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 all recommendations described in the EIA
Report (Register No. AEIAR – 128/2009); the application documents including all
attachments (Application No. AEP-342/2009), 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 ongoing
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 implement
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, 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 Conditions
2.1 and 2.2 below, before submitting to the Director under the Permit.
1.10 The Permit Holder shall release all
finalized submissions as required under this Permit, to the public by
depositing copies in the EIAO 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 EIAO Register Office (currently at 27/F, Southorn Centre,
1.12 The Permit Holder shall notify the Director
in writing the commencement date of construction of the Project at least two
weeks prior to the commencement of construction of the Project. The Permit
Holder shall notify the Director in writing immediately if there is any change
of the commencement date of the construction.
1.13 For the purpose of this Permit, “commencement of
construction” does not include works related to site clearance and preparation,
or other works as agreed by the Director.
2.
Specific Conditions
Employment of Environmental Monitoring and Audit
(EM&A) Personnel
2.1 An Environmental
Team (ET) shall be established by the Permit Holder no later than two weeks
before the commencement of construction of the Project. The ET shall not
be in any way an associated body of the Contractor or 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-128/2009) 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-128/2009) and this Permit or by
the Director or his authorized officers. Failure to maintain records in
the log-book, failure to discharge the duties of the ET Leader as defined in
the EM&A Manual or failure to comply with this Condition would entitle the
Director to require the Permit Holder by notice in writing to replace the ET
Leader. Failure by the Permit Holder to make replacement, or further
failure to keep contemporaneous records in the log-book despite the employment
of a new ET Leader may
render the Permit liable to suspension, cancellation or variation.
2.2
An IEC shall
be employed by the Permit Holder no later than two weeks before the
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 change of circumstances or
non-compliance with the recommendations of the EIA Report (Register No.: AEIAR-128/2009) and this Permit,
which might affect the monitoring or control of adverse environmental impacts
from the Project. In case 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.
Submissions after Commencement of Construction of
the Project
2.3 The
Permit Holder shall, within one month after 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 appointed for the
Project. The information, to be submitted, shall include at least an
organization chart, names of responsible persons and their contact details.
Measures to Mitigate Air
Quality Impacts during Construction of the Project
2.4 Every
vehicle shall be washed to remove dusty materials from its body and wheels
before leaving the construction site
2.5 All
dusty materials shall be sprayed with water prior to any loading, unloading and
transfer operations.
Measures to Mitigate Water
Quality Impacts during Construction of the Project
2.6 Silt
removal facilities shall be provided to remove silt particles from runoff on
site.
2.7 On-site
storage of construction materials or construction wastes shall be covered with
tarpaulin or similar materials during rainstorms.
2.8 Debris
and refuse on site shall be properly collected, handled and disposed of.
2.9 Construction
work force sewage shall be handled by temporary sanitary facilities or portable
chemical toilets.
Measures to Mitigate Traffic
Noise Impact
2.10 To
mitigate the traffic noise impact arising from the Project, noise mitigation
measures shall be implemented before commencement of operation of the Project
in accordance with Table 1 and Figure 2 to Figure 16 attached
to this Permit. Each noise barrier or enclosure shall be a continuous structure
with no gap or opening except where an access road or an emergency exit is
required. The noise mitigation
measures shall be properly maintained during operation of the Project.
Measures to Mitigate Water
Quality Impacts during Operation of the Project
2.11 The road
drainage shall be directed through silt traps in gully inlets to remove silt
and grit before entering the public storm water drainage system.
2.12 The silt
traps shall be properly and regularly cleaned and maintained to ensure
efficient operation at all times.
Submission of Landscape
Plan
2.13 At least one month before the
commencement of the construction of the Project, 3 hard copies and one
electronic copy of landscape plan shall be deposited with the Director. The
landscape plan, with drawings in the scale of 1:1000 or other appropriate
scales showing the landscape and visual mitigation measures of the Project,
shall include:
(i)
locations,
size, number and plant species of trees to be transplanted and their final
transplanting locations;
(ii)
locations,
size, number and plant species of trees to be felled ;
(iii)
locations, size,
number and plant species of compensatory plantings; and
(iv)
architectural
and chromatic treatment of the noise barriers and enclosures.
Before the
submission to the Director, the landscape plan shall be certified by the ET
Leader and verified by the IEC as conforming to the information, requirements
and recommendations contained in the approved EIA report. (Register No.:
AEIAR-128/2009).
All
landscape and visual mitigation measures shall be properly implemented and
maintained for the Project in accordance with the deposited landscape plan.
3.
Environmental Monitoring and Audit Requirements
3.1 All measures recommended in
the EIA Report (Register No. AEIAR-128/2009) and the EM&A Manual shall be
fully and properly implemented in accordance with the requirements and time
schedule(s) set out in the EM&A Manual and any subsequent amendments approved
by the Director.
3.2 Any changes to the monitoring
and audit requirements shall be justified by the ET Leader and verified by the
IEC as conforming to the information and requirements set out in the EM&A
Manual, and shall be submitted to the Director for approval.
3.3 Samples, measurements and
necessary remedial actions shall be taken in accordance with the requirements
of the EM&A Manual by:
(i)
conducting
baseline environmental monitoring;
(ii)
conducting
impact monitoring;
(iii)
carrying
out remedial actions described in the Event/Action Plans of the EM&A Manual
in accordance with the time frame set out in the Event/Action Plans, or as
agreed by the Director, in case where specified criteria in the EM&A Manual
are exceeded; and
(iv)
logging
and keeping records of the details of (a) and (c) above for all parameters
within 3 working days of the 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 the information for inspection on site.
3.4 All EM&A results submitted
under this Permit shall be true, valid and correct.
3.5 Four hard copies and one
electronic copy of Baseline Monitoring Report shall be submitted to the
Director at least 2 weeks before the commencement of construction of the
Project. The submissions shall be certified by the ET Leader and verified
by the IEC as having complied with the requirements as set out in the EM&A
Manual before submission to the Director. Additional copies of the
Baseline Monitoring Report shall be provided upon request by the Director.
3.6 Four
hard copies and one electronic copy of Monthly EM&A Reports for the
construction stage of the Project shall be submitted to the Director, within 2
weeks after the end of the reporting month. The monthly 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 certified by the ET Leader and verified by the IEC as
having complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional
copies of the Monthly EM&A Reports shall be provided upon request by the
Director.
4.
Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the
Baseline Monitoring Report and Monthly EM&A Reports via the EIAO Internet
Website and at the EIAO Register Office, electronic copies of these Reports
shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later)
and in Portable Document Format (PDF version 1.3 or later), unless otherwise
agreed by the Director and shall be submitted at the same time as the hard
copies as described in Conditions 3.5 and 3.6 above 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.
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 EIAO, and
the following notes are for general information only.
2. If
there is a breach of any condition 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 EIAO 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 EIAO to the Director for a further environmental permit.
5. Under
Section 14 of the EIAO, 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 EIAO before
the Project could be continued. It
is an offence under Section 26(1) of the EIAO to construct or operate a
designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.
Environmental
Permit No. EP-342/2009/A
Table
1:
Noise Mitigation Measures to be Implemented
before Operation of Project
(This table is to be read in
conjunction with Figures 2 to 16 attached.)
Legends
TMR*:
**: see Figure 3 attached for details of NM
***: see Figure 4
attached for details of NM4
@: see Figures 4
and 5 attached for details of NM8
@@: see Figure 6
attached for details of NM11
@@@: see Figure 7
attached for details of NM12 and NM15
#: see Figure 8
attached for details of NM16
##: see Figure 9
attached for details of NM17 and NM18
###: see Figures
10 and 11 attached for details of NM19
^: see Figure 12 attached
for details of NM21
^^: see Figures 12, 13, 14 and
15 attached for details of NM24
^^^: see Figures 13 and 15
attached for details of NM25
^^^^: see Figure 16 attached
for details of NM34
|
Mitigation measures |
Type |
Approximate Length |
Location |
|
Semi-enclosure NM1**
|
|
|
At |
|
Full enclosure NM2**
|
|
|
At |
|
Semi-enclosure NM4***
|
Portion of semi-enclosure along Portion of semi-enclosure along Yuen Long bound with |
|
Roof section projecting Roof section projecting |
|
Full enclosure NM5
|
|
|
At slip road leaving TMR* in front of Orchid Court on |
|
Full enclosure NM8@
|
Portion of full enclosure along Portion of full enclosure along Yuen Long bound with Full enclosure covering both bounds of TMR* with height decreasing from |
|
At TMR* in front of |
|
Full enclosure NM9
|
|
|
At TMR* in front of Tuen Mun Town Plaza Block 2 |
|
Semi-enclosure NM10
|
|
|
At TMR* in front of the junction of |
|
Semi-enclosure NM11@@
|
|
|
At |
|
Semi-enclosure NM12@@@
|
|
|
Roof sections projecting Roof section projecting |
|
Semi-enclosure NM15@@@
|
|
|
Roof section projecting |
|
Semi-enclosure NM16#
|
Semi-enclosure along |
|
At TMR* in front of New Town Mansion Block B |
|
Semi-enclosure
NM17##
|
Semi-enclosure along |
|
At TMR* in front of |
|
Semi-enclosure NM18##
|
Semi-enclosure along |
|
At TMR*in front of New Town Mansion Block A |
|
Full enclosure NM19### |
Portion of full enclosure along Portion of full enclosure along Yuen Long bound with height increasing
gradually from |
|
At TMR* in front of Siu On Court |
|
Full enclosure NM20
|
|
|
At slip road entering TMR* in front of |
|
Semi-enclosure NM21^
|
Portion of semi-enclosure along Portion of semi-enclosure along Yuen Long bound with |
|
Roof section projecting Roof sections projecting |
|
Full enclosure NM24^^
|
Portion of full enclosure along Portion of full enclosure along Yuen Long bound with |
|
At TMR* in front of Chi Lok Fa Yuen Block 3 |
|
Semi-enclosure NM25^^^
|
|
|
At Yuen Long bound of TMR* in front of Chi Lok Fa Yuen Block 5 |
|
Barrier NM26
|
|
|
At slip road leaving TMR* in front of Chi Lok Fa Yuen Block 5 |
|
Barrier NM27
|
|
|
At slip road close to |
|
Semi-enclosure NM28
|
|
|
At slip road entering TMR* in front of |
|
Barrier NM29
|
Vertical Panel |
|
Filling the gap under the slip road in front of Chi Lok Fa Yuen Block 5 |
|
Barrier NM30
|
|
|
Under the slip road in front of Tsing Wah Soccer Pitch and on road kerb
of TMR* |
|
Barrier NM31
|
|
|
At Yuen Long bound of TMR* in front of |
|
Barrier NM32
|
|
|
At central divider of Yuen Long bound of TMR* in front of |
|
Full enclosure NM34^^^^
|
|
|
At |
|
Full enclosure NM35
|
|
|
At |
ID: TMroadvep10.09
| Figure
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11 | Figure
12 | Figure
13 | Figure
14 | Figure
15 | Figure
16 |