Site inspections provide a direct means to track and ensure the enforcement of specified environmental protection and pollution control measures. The inspections should be undertaken weekly by the ET Leader to ensure that appropriate environmental protection and pollution control mitigation measures are properly implemented. Additionally, the ET Leader shall be responsible for defining the scope of the inspections, detailing any deficiencies that are identified, and reporting any necessary action or mitigation measures that were implemented as a result of the inspection; the results of the inspections shall be made available to the IEC when conducting his Environmental Performance Reviews.
Site inspections shall be carried out at least once per week by the ET Leader. The areas of inspection should include the general environmental conditions in the vicinity of the site and pollution control and mitigation measures within the site; it should also review the environmental conditions outside the site area which are likely to be affected, directly or indirectly, by site activities. The ET Leader shall make reference to the following information in conducting the inspections:
· the EIA and EM&A recommendations on environmental protection and pollution control mitigation measures;
· ongoing results of the EM&A programme;
· works progress and programme;
· individual works method statements which shall include proposals on associated pollution control measures;
· the contract specifications on environmental protection;
· the relevant environmental protection and pollution control laws; and
· previous site inspection results and the results of Environmental Performance Reviews undertaken by the IEC.
The ET Leader’s inspection results and their associated recommendations on improvements to the environmental protection and pollution control works shall be submitted to the IEC and the Contractor within 24 hours, for reference and for taking immediate action. They shall also be presented, along with the remedial actions taken, in the monthly EM&A report. The Contractor shall follow the procedures and time-frames stipulated in the environmental site inspection for the implementation of mitigation proposals and the resolution of deficiencies in the Contractor’s EMS. An action reporting system shall be formulated and implemented to report on any remedial measures implemented subsequent to the site inspections.
Ad hoc site inspections shall also be carried out by the ET Leader if significant environmental problems are identified. Inspections may also be required subsequent to receipt of an environmental complaint, or as part of the associated investigation work.
14.2
Compliance with Legal and Contractual Requirements
There shall be contractual environmental protection and pollution control requirements as well as Hong Kong’s environmental protection and pollution control laws which the Contractor shall comply with.
The ET Leader shall review the progress and programme of the works to check that relevant environmental laws have not been violated, and that any foreseeable potential for violating the laws can be prevented.
The Contractor shall also regularly copy relevant documents to the ET Leader so that the checking work can be carried out. The relevant documents are expected to include the updated Work Progress Reports, the updated Works Programme, the application letters for different licences/permits under the environmental protection laws, and all the valid licences/permit. The site diary shall also be available, upon request, to the ET Leader during his site inspection.
After reviewing the documentation, the ET Leader shall advise the Engineer and the Contractor of any non-compliance with the contractual and legislative requirements on environmental protection and pollution control for them to take follow-up actions. If the ET Leader's review concludes that the current status on licence/permit application and any environmental protection and pollution control preparation works is incompatible with the works programme or may result in potential violation of environmental protection and pollution control requirements by the works in due course, he shall also advise the Contractor and the Engineer accordingly.
Upon receipt of the advice, the Contractor shall undertake immediate action to remedy the situation. The Engineer shall follow up to ensure that appropriate action has been taken by the Contractor in order that the environmental protection and pollution control requirements are fulfilled.
Complaints shall be referred to the ET Leader and passed onto the Contractor for carrying out complaint investigation procedures. The ET Leader shall undertake the following procedures upon receipt of the complaints:
· log complaint and date of receipt onto the complaint database;
· investigate the complaint to determine its validity, and to assess whether the source of the problem is due to works activities;
· if considered necessary by the Engineer following consultation with the IEC, undertake monitoring to verify the existence and severity of the alleged complaint;
· if a complaint is valid and due to works, identify mitigation measures;
· if mitigation measures are required, advise the Engineer and Contractor accordingly;
· review the Contractor's response on the identified mitigation measures, and the updated situation;
· if the complaint is transferred from the EPD, submit interim report to the EPD on status of the complaint investigation and follow-up action within the time frame assigned by the EPD;
· undertake additional audits and/or inspections’ as necessary, to verify the effectiveness of the mitigation measures;
· report the investigation results and the subsequent actions to the source of complaint for responding to the complainant (if the source of complaint is EPD, the results should be reported within the time frame assigned by EPD); and
· record the complaint, investigation, the subsequent actions and the results in the monthly EM&A reports and filing system.
During the complaint investigation work, the Contractor and Engineer shall co-operate with the ET Leader in providing all the necessary information and assistance for completion of the investigation. If mitigation measures are identified in the investigation, the Contractor shall promptly carry out the mitigation works. The Engineer shall ensure that the measures have been carried out by the Contractor.
A flow chart of the complaint response procedures is shown in Figure 14.3a, with a suggested format for a complaint proforma shown in Annex D (Record Sheet 1.3).
