Environmental Permit No. EP-395/2010/A
環境許可證編號 EP-395/2010/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
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) grants the Environmental
Permit (No. EP-395/2010) to Environmental
Protection Department (hereinafter referred to as the "Permit
Holder") on 21 June 2010. Pursuant to Section 13
of the Ordinance, the Director amends the Environmental Permit No. EP-395/2010
based on the Application No. VEP-394/2013.
The amendments described below, are incorporated into this Environmental
Permit No. EP-395/2010/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
and attached to Part C of this Permit..
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
The issue of this environmental permit is based
on the documents, approvals or permissions described below:
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 |
AEP-395/2010 |
|
Document in the Register : 登記冊上的文件: |
1.
Organic
Waste Treatment Facilities, Phase I -
Environmental
Impact Assessment Report -
Environmental
Impact Assessment Study Executive Summary -
Environmental
Monitoring and Audit Manual Hereinafter referred to as the “EIA Report” (Register No.: AEIAR-149/2010). 第一期有機資源回收中心 -
環境影響評估報告 -
環境影響評估行政摘要 -
環境監察及審核手冊 下稱 “環評報告” (登記冊編號 :
AEIAR-149/2010) 2.
The
Director’s letter of approval of the EIA Report dated (Ref.: (12) in EP2/N2/G/56 Part 3) 環境保護署長於 (檔案編號 : (12) in EP2/N2/G/56 Part 3) |
|
Document in the Register : 登記冊上的文件: |
3.
Application
for Environmental Permit submitted by the Permit Holder on 25 May 2010 (Application No.: AEP-395/2010) 許可證持有人於 (申請書編號：AEP-395/2010) 4.
Application for Variation of an Environmental Permit including all
attachments submitted by the Permit Holder on 1 March 2013 (Application No.:
VEP-394/2013) 許可證証持有人於 |
|
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 Amendment 修訂日期 |
|
VEP-394/2013 |
1 March 2013 |
18 March 2013 |
18 March 2013
|
Date 日期 |
|
(Louis P.L. CHAN) Acting Principal
Environmental Protection Officer (Regional Assessment) for Director of Environmental
Protection 環境保護署署長 署理首席環境保護主任(區域評估) 陳檳林 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 |
Organic
Waste Treatment Facilities, Phase I. (This
designated project is hereinafter referred to as “the Project”) 第一期有機資源回收中心 (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 |
Waste Disposal Facility. 廢物處置設施。 |
|
Location of Designated Project 指定工程項目的地點 |
Siu Ho Wan, 北大嶼山的小蠔灣。 The
location of the Project is shown in Figure
1 of this Permit. 工程項目的地點展示於本許可證圖1內。 |
|
Scale
and Scope of Designated Project |
The Project
is to construct and operate a biological treatment facility with a capacity
of about 200 tonnes per day at Siu Ho Wan, 工程項目為在北大嶼山小蠔灣建造及營辦一所每天可以處理約200噸的有機資源回收中心，把已作源頭分類的有機廢物轉化為堆肥及生物氣。 |
PART C (PERMIT
CONDITIONS)
C部 (許可證條件)
1. General
Conditions
1.1
The Permit Holder and any person working on the Project
shall comply with all conditions set out in this Permit. Any non-compliance by
any person may constitute a contravention of the Environmental Impact
Assessment Ordinance (Cap.499) and may become the subject of appropriate action
being taken under the Ordinance.
1.2
The Permit Holder shall ensure full compliance with
all legislation from time to time in force including, without limitation to,
the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap.
311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance
(Cap. 354) and Dumping at Sea Ordinance (Cap. 466). This Permit does not of
itself constitute any ground of defense against any proceedings instituted
under any legislation or imply any approval under any legislation.
1.3
The Permit Holder shall make copies of this Permit
together with all documents referred to in this Permit and the documents
referred to in Part A of the Permit readily available
at all times for inspection by the Director or his authorized officers at all
sites/offices covered by this Permit. Any reference to the Permit shall include
all documents referred to in the Permit and also the relevant documents in the
Register.
1.4
The Permit Holder shall give a copy of this Permit
to the person(s) in charge of the site(s) and ensure that such person(s) fully
understands all conditions and all requirements incorporated 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 site entrances/exits or at a
convenient location for public’s information at all times. The Permit Holder
shall ensure that the most updated information about the Permit, including any
amended Permit, is displayed at such locations. If the Permit Holder surrenders
a part or the whole of the Permit, the notice he sends to the Director shall
also be displayed at the same locations as the original Permit. The suspended,
varied or cancelled Permit shall be removed from display at the Project
site(s).
1.6
The Permit Holder shall construct and operate the
Project in accordance with the project description in Part
B of this Permit.
1.7
The Permit Holder shall ensure that the Project is
designed, constructed and operated in accordance with the information and
recommendations described in the approved EIA Report (Register No. AEIAR-149/2010), the application for Environmental Permit (Application No.
AEP-395/2010), the
application for Variation of an Environmental Permit including all attached
documents submitted by the Permit Holder (Application No. VEP-394/2013) and other
relevant documents in the Register, the information and mitigation measures
described in this Permit, mitigation measures to be recommended in the
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 amended in this
Permit.
1.8
All deposited submissions, as required
under this Permit, shall be rectified and resubmitted in accordance with the
comments, if any, made by the Director within one month of the receipt of the
Director’s comments or otherwise specified by the Director.
1.9
All submissions approved by the
Director, all submissions deposited without comments by the Director, 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 finalized
submissions, as required under this Permit, to the public by depositing copies
in the Environmental Impact Assessment Ordinance Register Office, or in any
other places, or any internet websites as specified by the Director, or by any
other means as specified by the Director for public inspection. For this
purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11
All submissions to the Director required under this
Permit shall be delivered either in person or by registered mail to the
Environmental Impact Assessment Ordinance Register Office (currently at 27/F,
Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of
all finalized submissions required under this Permit shall be prepared in Hyper
Text Markup Language (HTML) (version 4.0 or later) and in Portable Document
Format (PDF version 1.3 or later), unless otherwise agreed by the Director and
shall be submitted at the same time as the hard copies.
1.12
The
Director shall be notified in writing the commencement dates of construction
and operation of the Project no later than one month prior to the respective
commencement of construction and operation of the Project. The Director shall
be notified in writing immediately if there is any change of the commencement
dates of construction and operation.
1.13
For
the purpose of this Permit, “commencement of construction” does not include
works related to site clearance and preparation or other works as agreed by the
Director.
2.
Measures before Commencement of
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 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-149/2010) 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 (Register No. AEIAR-149/2010) 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 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 or email, 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-149/2010) 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.
Submission of
Emergency Procedures Plans
2.3 The Permit Holder shall
deposit emergency procedures plans for construction and operation of the
Project no later than 2 weeks prior
to the respective commencement of construction and operation of the Project. The emergency procedures plans shall include diagram
showing the escape routes to a safe place, means of providing a rapid and
direct warning to personnel on site in the event of chlorine gas release in the
Siu Ho Wan Water Treatment Works, communication channel with the Siu Ho Wan
Water Treatment Works operation personnel and Fire Services Department, and
training and periodic drills to site personnel on the emergency procedures.
3.
Measures during Construction of
the Project
4.
Measures during Operation of
the Project
4.1 The
solid fence constructed under Condition 3.1 of this Permit shall be properly
maintained during operation of the Project.
4.2 The
main buildings (including waste reception and pre-treatment area, temporary
storage area for shredded materials and dewatering process area, composting
area and storage area) and wastewater treatment area, as shown in Figure 3, shall be operated under
negative pressure to avoid escape of odour. Air in these areas shall pass
through the centralized air pollution control unit for treatment before
discharge.
4.3 Appropriate
source separation measures shall be implemented to ensure that the waste
delivered to the Project is suitable for the intended treatment processing.
4.4 Proper
arrangements shall be made to ensure that the compost produced will be used
beneficially. No compost produced shall end up in the landfills.
5.
Environmental Monitoring and Audit
(EM&A) Requirements
5.1 The EM&A programme shall be implemented
in accordance with the procedures and requirements in the EM&A
Manual. Any changes to the monitoring and audit requirements shall be justified
by the ET leader and verified by the IEC as conforming to the requirements set
out in the EM&A Manual, and
shall seek the prior approval from the Director before implementation.
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
constructional and operational phase impact monitoring;
c)
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;
d)
logging and keeping
records of the details of (a) to (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.
5.3 4 hard copies and 1
electronic copy of the Baseline Monitoring Report shall be submitted to the
Director at least 2 weeks 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 4
hard
copies and 1 electronic copy of monthly EM&A Report shall be submitted to
the Director within 2 weeks 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 certified by the ET Leader and verified by the
IEC. Additional copies of the submission shall be provided to the
Director upon request by the Director.
5.5 All EM&A 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 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 5.3 and 5.4 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.
6.2 The
Permit Holder shall, within 6 weeks after commencement of construction of the
Project, set up a dedicated Internet web site and notify the Director in
writing the Internet address where the environmental monitoring data and
project information is to be placed. All environmental monitoring data
described in Condition 6.1 above shall be made available to the public via the
dedicated Internet web site in the shortest possible time and in any event no
later than 2 weeks after the relevant environmental monitoring data are
collected or become available, unless otherwise agreed with the Director.
All finalized submissions and plans shall be made available to the public via
the dedicated Internet web site in the shortest possible time and in any event
no later than 2 weeks after the submissions and plans are approved by or
deposited with the Director, unless otherwise agreed with the Director.
6.3 The
Internet web site as described in Condition 6.2 above shall enable
user-friendly public access to the environmental monitoring data and project
information including the Project Profile, EIA report, Environmental Permit(s)
and finalized submissions and plans required under this Permit. The Internet
web site shall have features capable of:
a)
providing
access to all environmental monitoring data of this Project collected since the
commencement of construction;
b)
providing
access to all finalized submissions as required under this Permit;
c)
searching
by date;
d)
searching
by types of monitoring data; and
e)
hyperlinking
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 (Descriptions of Designated Project) and PART C (Permit Conditions). Any person
relying on this Permit shall 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
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 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
shall refer to the EIAO for details and seek independent legal advice.
Environmental Permit
No. EP-395/2010/A
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