Environmental Permit No. EP-426/2011/A

                                                         環境許可證編號 EP-426/2011/A

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & 13

 

環境影響評估條例

(499)

10條及13

 

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

 

PART A (MAIN PERMIT)

A (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-426/2011) to the Civil Engineering and Development Department (CEDD) (hereinafter referred to as the "Permit Holder") on 27 October 2011. Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit (EP-426/2011) based on the Application No. VEP-369/2012. The amendments described below, are incorporated into this Environmental Permit (EP-426/2011/A). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B of this Permit subject to the conditions specified in or 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)10條的規定,環境保護署署長(署長)20111027將環境許可證(EP-426/2011)批予土木工程拓展署(下稱 許可證持有人”)。根據環評條例第13條的規定,署長因應更改環境許可證的申請編號VEP-369/2012修訂環境許可證編號EP-426/2011。以下修訂已包含在本環境許可證內 (EP-426/2011/A)。本經修訂的環境許可證作為建造及營辦本許可證B所說明的指定工程項目,但須遵守本許可證C所說明或附載的條件。本環境許可證是依據下列文件、批准或許可而簽發:

 

Application No.

申請書編號

VEP-369/2012

 

Document in the Register:

登記冊上的文件:

 

(1)

 

 

 

 

 

 

 

 

(2)

 

 

 

 

(3)

 

 

 

 

 

 

 

(4)

 

 

 

 

 

(5)

Providing Sufficient Water Depth for Kwai Tsing Container Basin and its Approach Channel Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary (Register No.: AEIAR-156/2010) [Hereinafter referred to as “the EIA Report”]

為葵青貨櫃港灣及其進港航道提供足夠水深環境影響評估報告 (登記冊編號: AEIAR-156/2010) [下稱環評報告]

 

The Director’s letter of approval of the EIA Report dated 28 October 2010 [Ref.: (57) in Ax(1) to EP2/N3/C/57 Pt.5]

署長於20101028 發出批准的環評報告信件

[檔案編號 : (57) in Ax(1) to EP2/N3/C/57 Pt.5]

 

Application for Environmental Permit submitted by the Permit Holder on 3 October 2011 (Application No.: AEP-426/2011).

許可證持有人於2011103提交的環境許可證申請(申請書編號:AEP-426/2011)

 

Environmental Permit issued – Permit No: EP-426/2011 issued on 27 October 2011.

已簽發的環境許可證 許可證編號﹕EP-426/201120111027日簽發

 

Application for Variation of an Environmental Permit No. VEP-369/2012 [Hereafter referred to as “the Application VEP-369/2012]

申請更改環境許可證編號VEP-369/2012 [下稱申請書編號VEP-369/2012”]

 

 

 

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-369/2012

25 June 2012

2012625

-          Vary condition 2.6 and Table 1 in Part C of the Environmental Permit EP-426/2011

 

-          Vary conditions 3.1(b) and 3.1(d) in Part C of the Environmental Permit EP-426/2011

 

-          Vary Figure 1 to Figure 3 of the Environmental Permit EP-426/2011

 

-          Add Figure 2a-1 to Figure2a-7 and Figure 2b to the Environmental Permit EP-426/2011

 

-          更改在環境許可證編號EP-426/2011C2.6項條件及表1

 

-          更改在環境許可證編號EP-426/2011C3.1(b)3.1(d)項條件

 

-          更改在環境許可證編號EP-426/20111 3

 

-          在環境許可證編號EP-426/2011加入2a-1 2a-7 2b

 

   20 July 2012

2012720

 

 

 

 

               20 July 2012

           2012720

Date

日期

 

(Maurice K.L. YEUNG)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任楊國良代行)


PART B (DESCRIPTION OF DESIGNATED PROJECT)

B (指定工程項目的說明)

 

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):

下列為本環境許可證(下稱許可證”)A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

 

Providing Sufficient Water Depth for Kwai Tsing Container Basin and its Approach Channel

(This designated project is hereafter referred to as “the Project”).

為葵青貨櫃港灣及其進港航道提供足夠水深

(本指定工程項目下稱工程項目

 

Nature of Designated Project

指定工程項目的性質

 

Dredging operation with approximately 4.0 M m3 estimated dredged sediment volume, and the dredging operation is less than 100m from the nearest boundary of an existing sea water intake point.

挖泥量約 400 萬立方米的挖泥作業,距離一個海水進水口少於100

 

Location of Designated Project

指定工程項目的地點

 

The Project site is located in Kwai Tsing Container Basin (KTCB) and its access fairways (Northern and Western), as shown in Figure 1 of this Permit.

工程項目地點葵青貨櫃港灣連同北面航道與西面航道見載於本許可證夾附的圖一

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The Project is to lower the existing seabed in Kwai Tsing Container Basin (KTCB) and its access fairways to a target seabed level of -17.5mCD. The project area is approximately 446 ha in size and the dredged sediment volume is about 4.0M m3.

工程項目是降低葵青貨櫃港灣連同北面航道與西面航道海床,目標的海床面水平大致為海圖基準 -17.5 工程項目面積約446公頃挖泥量約 400 萬立方米。

 

 

 


PART C (PERMIT CONDITIONS)

1.                  General Conditions

         

1.1        The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (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 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 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 approved EIA Report (Register No.: AEIAR-156/2010), the application document for environmental permits and other relevant documents in the Register; the information or 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 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 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 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      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 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 EIAO 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.

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 two months 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.

 

 

Specific Conditions

2.          Submissions and Measures to be implemented before Construction of the Project

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 one month 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-156/2010) 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 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 of the Project 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 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 156/2010) and this Permit, which may 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.

            Community Liaison Group

2.3        The Permit Holder shall set up a Community Liaison Group (CLG) comprising representatives from the relevant concerned and affected parties, including the fishery sector to facilitate communication, enquiries and complaints handling on all environmental issues for the construction stage of the project. The Permit Holder shall set up the CLG at least 9 months before the commencement of construction of the Project. The Permit Holder shall notify the Director the actual date of setting up the CLG, the membership, the terms of reference and the contact details. A designated complaint hotline shall also be set up for the Project to address such concerns and complaints in an efficient manner.

 

          Management Organization of Main Construction Companies

2.4        The Permit Holder shall, no later than one month before the commencement of construction of the works covered by this Permit, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction works of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

          Submission of Works Schedule and Location Plans

 

2.5               The dredging works of the Project will be carried out in stages. The Permit Holder shall deposit a detailed works schedule and location plans in the scale of 1:1 000 or other appropriate scale of the Project to the Director at least four weeks before the commencement of the dredging works of the Project. The schedule shall include an updated works programme indicating period and rates of dredging works (including types of marine plants deployed) with reference to the different locations as shown in Figure 2 of this Permit.

 

 

 

          Submission of Detailed Dredging Methodology for Hotspot (Zone Z2B)

 

2.6                The permit holder shall submit to the Director for approval, a detailed plan with proven methodology (including dredging rates) and trial results for the dredging works at Zone Z2B as shown in Figure 2 of this Permit. The methodology and trial tests of the proposed dredging works shall also take into account the Water Quality Criteria of Flushing Water issued by Water Supplies Department as shown in Table 1 of this Permit. No dredging works at Zone Z2B shall commence before written approval by the Director.

 

          Submission of Environmental Monitoring and Audit of Total Inorganic Nitrogen

 

2.7        The Permit Holder shall conduct environmental monitoring and audit of total inorganic nitrogen arising from the project at water sensitive receivers and submit a proposal to be approved by the Director before commencement of the dredging works.

 

          Confirmation from Marine Fill Committee and Submission of Waste Disposal Plan 

 

2.8        The Permit Holder shall submit to the Director for approval, a waste disposal plan including written confirmation from the Marine Fill Committee on waste disposal grounds for all disposal of marine sediment generated from the Project before commencement of the dredging works.

          Submission of Silt Curtain Deployment Plan

 

2.9        The Permit Holder shall submit to the Director for approval, at least two weeks prior to the commencement of dredging works, four hard copies and one electronic copy of the silt curtain deployment plan. The silt curtain deployment plan shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendation contained in the approved EIA Report (Register No: AEIAR-156/2010). The silt curtain deployment plan shall include plans showing the construction programme and details of the design, operation and maintenance requirements including but not limited to deployment of silt curtain(s) for dredging as recommended in the approved EIA Report (Register No: AEIAR-156/2010) and the relevant documents in the EIAO Register. All mitigation measures recommended in the silt curtain deployment plan shall be fully and properly implemented throughout the construction period.

 

             Submission of Silt Screen Deployment Plan

 

2.10            The Permit Holder shall liaise with the owners and operators of the four water intakes i.e. WSD1, WSD8, WSD9 and EMSD1, as shown in Figure 3 of this Permit on details of silt screen installation, maintenance and removal at the seawater intakes. The Permit Holder shall deposit with the Director at least two weeks prior to the commencement of the dredging works, four hard copies and one electronic copy of the silt screen systems. The silt screen deployment plan and report shall be certified and submitted, at least two weeks prior to commencement of the dredging works, by the ET Leader and verified by IEC as conforming to the relevant information and recommendations contained in the approved EIA Report (Register No: AEIAR-156/2010). Silt screens shall be installed at seawater intakes prior to the commencement of the corresponding dredging works in the vicinity as presented in the finalized silt screen deployment plan.

   

 

3.    Submissions and Measures to be Implemented during Construction of the Project

Measures to Mitigate Water Quality Impact

3.1      To mitigate water quality impact arising from dredging works:

(a)          for each grab dredger with closed grab deployed within the Project Area, the maximum dredging rate shall not exceed 4,000 m3 per day;

(b)          for the cutter suction dredger temporarily deployed at Zones 2 and 4 of Rambler Channel for removal of hard material as shown in Figure 2b, the maximum dredging rate is 8,400 m3 per day based on a 12-hour operation per day (with a maximum dredging rate of 700 m3 in 30 minutes in any given hour), and the dredging pump shall be operated simultaneously during cutting to reduce sediment loss to water body;

(c)          all barges/dredgers used shall be fitted with tight fitting seals to their bottom openings to prevent leakage of material and shall be filled appropriately during its operation to ensure no overflow of dredged mud will occur at any time;

(d)            (i)         no more than three grab dredgers with closed grab (or one cutter suction dredger with two closed grab dredgers) shall be operated within the Project Area at any one time for the Project ;

(ii)         only one closed grab dredger or one cutter suction dredger shall be operated in Zone 2B and during which no other closed grab dredger shall be allowed in other zones within the Project Area;

 

(iii)        no more than one grab dredger with closed grab (or one cutter suction dredger) shall be operated within each of the five main zones as shown in Figure 2 at any one time for the Project in which the cutter suction dredger shall only be operated in Zones 2 and 4 with maximum dredging rate of 700 m³ in 30 minutes in any given hour (max. 8,400 m³/day, based on a 12-hour operation per day);

 

(iv)        the maximum dredging rate for closed grab dredger at Rambler Channel – Zones 1 to 2 (subzones Z1A, Z1B, Z2A, Z2B and Z2C coloured “Pink”) shall follow the Dredging Plan for the Hotspot, as shown in Figure 2a-1 Table 1;

 

(v)        the maximum dredging rate for closed grab dredger at Rambler Channel – Zones 3 to 4 (subzones Z3A to Z4B, coloured “Pink” ) shall not exceed 1,600 m³ per day during dry season or 3,440 m³ per day during wet season as shown in Figure 2a-2 Table 2;

 

(vi)        the maximum dredging rate for closed grab dredger at Rambler Channel – Zones 5 to 6 (subzones Z5A, Z5B and Z6A , coloured “Yellow”) shall not exceed 4,000 m³ per day during both dry and wet seasons as shown in Figure 2a-3 Table 3;

 

(vii)              the maximum dredging rate for closed grab dredger at Rambler Channel – Zones 5 to 8 (subzones Z5C, Z6B, Z6C, Z6D, Z7 and Z8, coloured “Yellow”) shall not exceed 4,000 m³ per day during both dry and wet seasons as shown in Figure 2a-4 Table 4;

 

(viii)            the maximum dredging rate for closed grab dredger at Northern Fairway – Zones 9 to 12 (coloured “Purple”) shall not exceed 4,000 m³ per day during both dry and wet seasons as shown in Figure 2a-5 Table 5;

 

(ix)        the maximum dredging rate for closed grab dredger at Western Fairway – Zone 13A (coloured “Green”) shall not exceed 4,000 m³ per day during both dry and wet seasons as shown in Figure 2a-6 Table 6; and

 

(x)        the maximum dredging rate for closed grab dredger at Western Fairway – Zone 13B (coloured “Orange”) shall not exceed 4,000 m³ per day during both dry and wet seasons as shown in Figure 2a-7 Table 7.

 

(e)          silt curtains shall be deployed to fully enclose the grab of the grab dredger during any dredging operation;

(f)          silt screens shall be deployed to protect the following flushing or cooling water intakes i.e. Tsing Yi (WSD1), Tsuen Wan (WSD8), near Hong Kong Garden (WSD9) and Kwai Chung Hospital (EMSD1) as shown in Figure 3 of this Permit throughout the entire construction period. To avoid refuse entrapment and to ensure representative impact monitoring results, silt screens shall be maintained and refuse around them shall be collected on a daily basis so that water behind the silt screens will be kept free from floating debris during the construction period;  

(g)          the Permit Holder shall conduct 24-hour enhanced environmental monitoring and audit of water quality parameters at the four Fish Culture Zones i.e. Ma Wan (F1), Lo Tik Wan(F2), Sok Kwu Wan (F3), Cheung Sha Wan (F4), and three flushing or cooling intakes i.e. Tsing Yi (WSD1), Tsuen Wan(WSD8) and Kwai Chung Hospital (EMSD1) as shown in Figure 3 during the construction period;

(h)          if further mitigation measures are required as supported by the water quality monitoring data under Environmental Monitoring and Audit Programme, appropriate reduction in dredging rate or/and dredging on the state of tide shall be adopted to protect the water quality at the water intakes for Water Supplies Department (WSD1) and Electrical Mechanical Services Department (EMSD1) as shown in Figure 3; and

(i)           the speed of construction vessels of the Project shall not exceed 10 knots when passing through the area of the Project.

            Measures to Mitigate Cumulative Impacts due to Concurrent Projects

 

3.2        The Permit Holder shall liaise with other Container Terminal Operators within Rambler Channel to ensure no concurrent dredging works are undertaken by other Container Terminal Operators while dredging works are undertaken by the Permit Holder within the Zones 1 to 6.

 

3.3        The Permit Holder shall liaise and update all project proponents of potentially concurrent projects stated in Figure 4 of this Permit with the latest project programme to minimize cumulative impacts and to avoid concurrent dredging activities not assessed in the approved EIA Report.

            Measures to Mitigate Cultural Heritage

 

3.4                The materials dredged from 20 locations as shown in Figure 5 and the masked zones identified in Appendix 9-6 of the EIA report shall be monitored for the presence of archaeological ‘finds’ in accordance with the Marine Archaeological Monitoring Brief requirements set out in Section 8 of the EM&A Manual of the Project.

 

            Measures to Mitigate Visual/Glare Impact

 

3.5   The working lights of the dredgers shall be fitted with visor shield to limit glare. 

 

3.6   The working lights of the dredgers shall be switched off when there is no dredging operation.

 

 

 

4.      Submissions and Measures to be Implemented during Operation of the Project

Measures to Mitigate Water Quality Impact

4.1      To mitigate water quality impact arising from maintenance dredging works:

(a)          only one grab dredger with closed grab deployed within the Project Area, the maximum dredging rate shall not exceed 4,000 m3 per day;

(b)          all barges/dredgers used shall be fitted with tight fitting seals to their bottom openings to prevent leakage of material and shall be filled appropriately during its operation to ensure no overflow of dredged mud will occurred at any time;

(c)          silt curtains shall be deployed to fully enclose the grab of the grab dredger unless otherwise exempted under Environmental Monitoring and Audit Programme; and

(d)          the Permit Holder shall liaise with other Container Terminal Operators within Rambler Channel to ensure no concurrent maintenance dredging works are undertaken within the Zones 1 to 6 as shown in Figure 2 of this Permit.

 

5.       Environmental Monitoring and Audit Requirements

5.1        The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual (Register No. AEIAR – 156/2010) and other approved submission under this Permit. Any major 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 monitoring of water quality, cultural heritage and regular site inspection during construction period and water quality only during maintenance dredging in accordance with the requirements in the approved EM&A Manual. For EM&A results showing non-compliance of WQO of Flushing Water at Tsing Yi cooling water intake (WSD1) as shown in Table 1 of this Permit, Water Supplies Department shall be informed promptly to allow them to take remedial action at their Saltwater Pumping Station. The EM&A programme shall also include monitoring of the potential odour nuisance arising from accumulation or stockpiling of dredged sediment on barges prior to their disposal during the construction period.

5.2        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 EM&A Manual (Register No. AEIAR – 156/2010) 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 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.

 

5.3        Four 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.

5.4        Four 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 each 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). In compiling this monthly EM&A Report, the Permit Holder shall address all relevant cumulative impacts due to activities of nearby concurrent projects. The submission shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of submission shall be provided upon request by the Director.

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

 

 

6.       Electronic Reporting of EM&A Information

6.1        To facilitate public inspection of the Baseline Monitoring Report and regular 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 hardcopies as described in Conditions 3.3 and 3.4 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.

6.2        The Permit Holder shall, within six weeks after the commencement of construction of the Project, 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. All environmental monitoring data described in Condition 4.1 above shall be made available to the public via a dedicated web site to be set up by the Permit Holder in the shortest practicable time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.

6.3        The Internet website as described in Condition 4.2 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 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-426/2011/A

環境許可證編號 EP-426/2011/A

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Table 1. Water Quality Criteria of Flushing Water

 

Parameters

Parameters Target Value at Intake Point

Colour (Hazen unit)

< 20

Turbidity (N.T.U.)

< 10

Threshold Odour No. (T.O.N.)

< 100

Ammoniacal Nitrogen

< 1

Suspended Solids

< 10

Dissolved Oxygen

> 2

Biochemical Oxygen Demand (5 days)

< 10

Synthetic Detergents

< 5

E. coli / 100 mL

< 20,000

Chemical values expressed in mg/L (parts per million) unless otherwise specified

 

Environmental Permit No. EP-426/2011/A

環境許可證編號 EP-426/2011/A