2                                  GENERAL REQUIREMENTS of EM&A Programme

2.1                            Introduction

General requirements of the EM&A programme for the Project are presented in this section.  The scope of the programme is developed with reference to the findings and recommendations of the EIA Report.

2.2                            Objectives of the EM&A Programme

The potential environmental impacts associated with the Project have been assessed and described in the EIA Report.  The EIA Report also specifies the mitigation measures required to comply with the environmental criteria.  These mitigation measures and their implementation requirements are presented in the Implementation Schedule (see Annex B).  The EIA recommends that an EM&A programme be implemented to assess the effectiveness of measures and to confirm that there will be no adverse environmental impacts during all phases of the Project.  It is also recommended that regular site audits be undertaken during construction and operation phase to check whether good site practices are properly implemented to prevent adverse environmental impacts.  Any activities that have a potential to cause adverse environmental impacts are identified before the adverse impacts occurred.  Ad-hoc visits should also be undertaken in response to any complaints or reported non-compliance with environmental standards in order to enable prompt actions are taken to address the impacts.

This Manual provides details of the EM&A requirements that have been recommended in the EIA Report.  The main objectives of the EM&A programme are to:

·           verify the environmental impacts predicted in the EIA Report;

·           monitor the performance of the Project and the effectiveness of mitigation measures;

·           determine Project compliance with regulatory requirements and standards;

·           provide an early indication should any of the environmental control measures or practices fail to achieve the required standards;

·           take remedial action if unexpected problems or unacceptable impacts arise;

·           provide a database against which any short or long term environmental impacts of the Project can be determined; and

·           provide data against which environmental audits may be undertaken.

2.3                            Scope of the EM&A Programme

The scope of the EM&A Programme is to:

·           Establish baseline noise levels at designated locations;

·           Implement impact monitoring programmes for construction noise;

·           Implement inspection and audit programmes for air quality, noise, water quality, waste management; and landscape and visual issues;

·           Liaise with, and provide environmental advice (as requested or when otherwise necessary) to construction site staff on the comprehension and consequences of the environmental monitoring data and exceedances;

·           Identify and resolve environmental issues and other functions as they may arise from the works;

·           Check and advice the Contractor's overall environmental performance, the implementation of Event and Action Plans (EAPs), and remedial actions taken to mitigate adverse environmental impacts as they may arise from the works;

·           Conduct monthly reviews of monitored impact data as the basis for assessing compliance with the defined criteria and to ensure that necessary mitigation measures are identified and implemented, and to undertake additional ad hoc monitoring and auditing as required by special circumstances;

·           Evaluate and interpret all environmental monitoring data to provide an early indication should any of the environmental control measures or practices fail to achieve the acceptable standards, and to verify the environmental impacts assessed in the EIA Study;

·           Manage and liaise with other individuals or parties concerning other environmental issues deemed to be relevant to the construction process;

·           Conduct regular site inspections to assess:

§         the level of the Contractors general environmental awareness;

§         the Contractor’s implementation of the recommendations in the EIA Report;

§         the Contractors performance as measured by the EM&A programme;

§         the need for specific mitigation measures to be implemented or the continued usage of those previously agreed;

§         to advise the Site Staff of any identified potential environmental issues; and

·           Submit Monthly EM&A Reports which summarises environmental monitoring and auditing data, with full interpretation illustrating the acceptability or otherwise of any environmental impacts and identification or assessment of the implementation status of agreed mitigation measures.

2.4                            Methodology and Criteria

The environmental issues associated with the construction phase of the Project will be mitigated through the monitoring and mitigation measures specified in the EIA Report and this EM&A Manual.

During the construction phase, air quality, noise, water quality, waste arising, landscape and visual issues will be subjected to EM&A, including noise monitoring.

The monitoring of the effectiveness of the mitigation measures will be achieved through the environmental monitoring programme as well as through site inspections.  The inspections will include within scope, mechanisms to review and assess the implementation of the recommended mitigation measures, and that the timely resolution of received complaints are managed and controlled in a manner consistent with the recommendations given in the EIA Report and the EM&A Manual.

2.5                            Environmental Monitoring

The environmental monitoring works throughout the construction period and the first year after commencement of operation of the Project should be carried out in accordance with the EM&A Manual and reported by the ET.  Monitoring should be conducted at the chosen and agreed representative sensitive receivers.

2.6                            Action and Limit (A/L) Levels

Action and Limit (A/L) Levels are defined levels for impact recorded by the environmental monitoring works, which represent levels at which a prescribed response is required.  These levels are described in the principle below and later quantitatively defined in the relevant sections of the EM&A Manual:

·           Action Level – beyond which there is a clear indication of a deteriorating ambient environment for which appropriate remedial actions are likely to be necessary to prevent environmental quality from falling outside the Limit Levels, which will be unacceptable.

·           Limit Level – statutory limits stipulated in the relevant pollution control ordinances, Hong Kong Planning Standard Guidelines, or Environmental Quality Objectives established by the EPD.  If these are exceeded, works should not proceed without appropriate remedial action, including a critical review of plant and working methods.

2.7                            Event and Action Plans

The purpose of the EAPs is to provide, in association with the environmental monitoring activities, procedures for ensuring that if any significant environmental impacts occur in the form of exceedance of A/L Levels identified in the EM&A programme, cause(s) will be quickly identified and remediated.

2.8                            Environmental Audit

The ET should undertake environmental audit of the compliance with stipulated procedures and site inspections of on-site practices.  The primary objective is to assess the effectiveness of the implementation of the environmental mitigation measures as recommended in the EIA Report and the EM&A Manual.

Whilst environmental audit will complement the environmental monitoring activity with regard to the effectiveness of dust suppression, noise attenuation and vibration control, the criteria against which the audit should be derived from the clauses within the Contract, which seek to enforce the recommendations of the EIA Report and the EM&A Manual.

The findings of the environmental audit and site inspection should be made known to the Contractor at the time of the audit / inspection to enable rapid resolution of identified non-compliances or observations.  Non-compliances, observations, the corrective / follow-up actions undertaken will be reported in the Monthly EM&A Reports.

2.9                            Enquiries, Complaints and Requests for Information

Enquiries, complaints and requests for information will be expected from a wide range of individuals and organizations including members of the public, government departments, nearby residents, press and community groups.

All enquiries concerning the environmental effects of the construction works, irrespective of the channel of receipt, will be directed to the Contractor, and copied to the ER and Highways Department (HyD).  Procedures for handling enquiry and complaints should follow the procedures set out in Section 9.

In all cases, the complainant should be notified of the findings, and environmental audit and site inspection should be put in place to minimize the reoccurrence of similar problems.

2.10                        Reporting

During the construction phase, Environmental Baseline Monitoring Report, Monthly EM&A Reports, Quarterly EM&A Summary Reports and Final EM&A Review Report should be prepared and certified by the ET Leader and verified by IEC prior to submission to the Contractor and HyD.  In accordance with Annex 21 of the EIAO-TM, a copy of the monthly, quarterly summary and final review EM&A reports should be made available to the Director of Environmental Protection.  Details of reporting requirement and submission schedule should be in accordance with the guidelines set out in Section 10.

2.11                        Change or Cessation of EM&A Programme

The ET should carry out the EM&A programme in accordance with the EM&A Manual throughout the construction and operational phases of the Project.  Any change or cessation of the EM&A programme, or any part of it, should be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual, and should be submitted to the EPD for approval.