8                                  ENVIRONMENTAL AUDIT

8.1                            Site Inspection

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 by the ET to ensure that appropriate environmental protection and pollution control mitigation measures are properly implemented.  Additionally, the ET should be responsible for defining the scope of the inspections, detailing any deficiencies that are identified, and reporting any necessary action or mitigation measures that are implemented as a result of the inspection.

Site inspections should be carried out at least once per week.  The areas of inspection should not limited to the general environmental conditions in the vicinity of the site and the pollution control and mitigation measures within the site; the environmental conditions outside the site area which are likely to be affected, directly or indirectly, by site activities.  The ET Leader should make reference to the following information in conducting the inspections:

·           the EIA Study 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 should include proposals on associated pollution control measures;

·           contract specifications on environmental protection;

·           relevant environmental legislation and guidelines; and

·           previous site inspection results undertaken.

The inspection results and their associated recommendations on improvements to the environmental protection and pollution control works should be submitted to the IEC and the Contractor, as appropriate, within one working day, for reference and for taking immediate action.  They should also be presented, along with the remedial actions taken, in the monthly EM&A report.  The Contractor should follow the procedures and time-frames stipulated in the environmental site inspection for the implementation of mitigation proposal.  An action reporting system should be formulated and implemented to report on any remedial measures implemented subsequent to the site inspections.

The ET should also carry out ad hoc site inspections 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, as specified in the Action Plan for environmental monitoring and audit.

8.2                            Compliance with Legal and Contractual Requirements

There are contractual environmental protection and pollution control requirements, which the Contractor should comply with, in addition to Hong Kong’s environmental protection and pollution control laws.

In order that the works are in compliance with the contractual requirements, all works method statements submitted by the Contractor to the ER for approval should sent to the ET Leader for vetting to see whether sufficient environmental protection and pollution control measures have been included.

The ET should review all 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 should also make available for inspection relevant documents to the ET so that the checking and auditing process 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, all valid licences/permits and environmental related records.  The site diary should also be available, upon request, to the ET during his site inspection.

After reviewing the documentation, the ET Leader should advise the IEC 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 a potential violation of environmental protection and pollution control requirements by the works in due course, he should also advise the Contractor and the ER accordingly.

Upon receipt of the advice, the Contractor should undertake immediate action to remedy the situation.  The ER should follow up to ensure that appropriate action has been taken by the Contractor in order to satisfy contractual and legal requirements.