10.1.1 Site surveillance provides a direct means to assess and ensure the project's environmental protection and pollution control measures are in compliance with the contract specifications. It shall be undertaken regularly and routinely by the ET to inspect the construction activities of the DBL project in order to ensure that appropriate environmental protection and pollution control mitigation measures are properly and timely implemented in accordance with EIA recommendations. With well-defined pollution control and impact mitigation specifications and a well-established efficient and remedial action reporting system, site inspection is an effective "tool" to ensure acceptable environmental performance on the construction site.
10.1.2 The ET Leader is responsible for formulation of the environmental site inspection, deficiency and remedial action reporting system, and for carrying out the site inspection works. He/she shall in consultation with the IEC, prepare a procedure for the site inspection, deficiency and remedial action reporting requirements; and submit to the Contractor for agreement and to the ER for approval, within 21 days of the commencement of the construction contract.
10.1.3 Regular site inspections shall be carried out at least once per week for all work areas during construction phase of DBL. The inspections shall cover the environmental situation, pollution control and mitigation measures within the site. They shall also review the environmental situation outside the site area which is likely to be affected, directly or indirectly, by the site activities. The ET Leader shall make reference to the following information in conducting the inspection:
10.1.4 The Contractor shall update the ET Leader with all relevant
information of the construction contract for him/her to carry out the site
inspections. The inspection report results and its recommendations for any
necessary improvements in the project's environmental performance shall be
submitted, in a site inspection proforma, to the IEC and the Contractor within
24 hours, for reference and the taking of immediate remedial action. The
Contractor shall follow the procedures and time-frame as stipulated in the
environmental site inspection, deficiency and remedial action reporting system
which is formulated by the ET Leader to report on any remedial measures
subsequent to the site inspections.
10.1.5 Ad hoc site inspections shall also be carried out by the ET and/or IEC if major unacceptable or unforeseen environmental problems are identified. Inspections may also be required subsequent to receipt of an environmental complaint, or as part of the investigation work, as specified in the Action Plan for environmental monitoring and audit.
10.2 Compliance with Legal and Contractual Requirements
10.2.1 There are contractual environmental protection and pollution control requirements as well as environmental protection and pollution prevent and control laws in Hong Kong that the construction and operation of DBL shall comply with.
10.2.2 In order that the works are in compliance with the contractual requirements, all the works method statements submitted by the Contractor to the ER for approval shall be sent to the ET Leader for vetting to see whether sufficient environmental protection and pollution control measures have been included.
10.2.3 The ET Leader shall also 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.
10.2.4 The Contractor shall regularly copy relevant documents to the ET Leader so that the checking of the project's environmental performance could be carried out effectively. The documents to be submitted by the Contractor shall at least include the updated Work Progress Reports, the Works Programme, application for any necessary licence/permits under relevant environmental protection laws, and all the valid licence/permits received to date. The site diary shall also be available for the ET Leader's inspection upon his/her request.
10.2.5 After reviewing the documents, the ET Leader shall advise the Contractor of any non-compliance with the project contractual and legislative requirements on environmental protection and pollution control for them to take follow-up and appropriate remedial actions. If the ET Leader's review concludes that the current status on licence/permit application and any planned environmental protection and pollution control works may not cope with the works programme, or may result in potential violation of environmental protection and pollution control requirements, the ET leader shall also advise the Contractor and the ER accordingly. The review shall be copied to IEC for any follow-up action.
10.2.6 Upon receipt of the advice, the Contractor shall undertake immediate action to remedy the situation. The ER shall follow up to ensure that appropriate action has been taken by the Contractor in order that the project's environmental protection and pollution control requirements are fulfilled.
10.3 Choice of Construction Method
10.3.1 At times during the construction phase the Contractor may submit method statements for various aspects of construction (N.B. This state of affairs would only apply to those construction methods that the EIA has not imposed conditions; for construction methods that have been assessed in the EIA the Contractor is bound to follow the requirements and recommendations in the EIA). Contractor's options for alternative construction methods may introduce adverse environmental impacts into the project. It is the responsibility of the Environmental Team Leader and the Environmental Team, in accordance with established standards, guidelines and EIA recommendation and requirements as per Section 4.4 above, to review and determine the adequacy of the environmental protection and pollution control measures in the Contractor's proposal in order to ensure no unacceptable impacts would result. To achieve this end, the Environmental Team Leader shall provide a completed copy of the Proactive Environmental Protection Proforma (see Appendix B to the IEC for approval. The IEC shall audit the review of the construction method and endorse the proposal on the basis of no adverse environmental impacts as per Section 4.4 requirements and/or any established standards or guidelines.
10.4.1 The ER and the project proponent shall distinguish project changes from the original proposal as described in the EIA and notify the Director of Environmental Protection for further action.
10.5.1 Complaints shall be referred to the ET Leader for carrying out complaint investigation procedures. The ET Leader shall undertake the following procedures upon receipt of the complaints:
(a) log complaint and date of receipt onto the complaint database and inform the IEC immediately;
(b) investigate the complaint to determine its validity, and to assess whether the source of the problem is due to project works;
(c) if a complaint is valid and due to project works, identify mitigation measures and in consultation with the IEC;
(d) if mitigation measures are required, advise the Contractor accordingly;
(e) review the Contractor's implementation of the identified and required mitigation measures, and the current situation;
(f) if the complaint is transferred from EPD, submit interim report to EPD on status of the complaint investigation and follow-up action within the time frame assigned by EPD;
(g) undertake additional monitoring and audit to verify the complaint if necessary, and ensure that any valid reason for complaint does not recur through proposed amendments to work methods, procedures, machines and/or equipment, etc.;
(h) report the investigation results and the subsequent actions to the complainant (if the source of complaint is identified through EPD, the results shall be reported within the time frame assigned by EPD); and
(i) log a record of the complaint, investigation, the subsequent actions and the results in the monthly EM&A reports.
10.5.2 During the complaint investigation work, the Contractor and the ER shall cooperate with the ET Leader in providing all the necessary information and assistance for completion of the investigation. If mitigation measures (in consultation with the IEC) are required following the investigation, the Contractor shall promptly carry out the measures. The ER shall ensure that the measures have been carried out by the Contractor.
10.5.3 A flow chart of the complaint response procedures is shown in Figure 10.1. A sample complaint log in shown in Appendix B.
10.6.1 All documentation is required to be filed in a traceable and systematically manner. Site document, such as, monitoring field records, laboratory analysis records, meeting minutes, correspondences etc., shall be cross-referenced by the ET leader and be ready for inspection upon request. All Construction Phase EM&A results and findings shall be documented in the Construction Phase EM&A reports prepared by the ET and endorsed by IEC prior to disseminate to the Contractor, ER and the Director of Environmental Protection. The content and frequency of the EM&A reporting shall be followed the requirements in Chapter 11.
10.6.2 All documentation to the Director of Environmental Protection shall be in paper form and/or electronic form (in the format in agreement with the Director) upon request. Prior to submission, the water quality data software format shall be agreed with EPD. All documents and data shall be kept for at least one year after the completion of the construction contract. All submissions (reports, data, and correspondences etc.) to the Director of Environmental Protection shall be liable to use freely for the purposes of communicating environmental data and the owner of information shall claim no copyright. Any request to treat all or part of a submission in confidence will be respected, but if no such request is made it will be assumed that the submission is not intended to be confidential.