10                         ENVIRONMENTAL AUDIT

10.1                   Site Inspections

10.1.1.1          Site inspections should be conducted regularly to ensure that appropriate environmental protection and pollution control mitigation measures are properly implemented for the construction works activities associated with the Trunk Road T2 Project, as they are one of the most effective tools to enforce the environmental protection requirements at the works sites and works areas.

10.1.1.2          Regular site inspections should be carried out and led by the Engineer and attended by the Contractor and ET at least once every week.  The areas of inspection should not be limited to the environmental conditions and pollution control and mitigation measures within the works sites and works areas.  Instead, it should also review the environmental conditions of locations that are beyond the boundary of the works sites and works areas likely to be affected directly or indirectly by the construction site activities.  During the inspection, the following information should be referred to:

·             The EIA and EM&A recommendations on the environmental protection and pollution control mitigation measures;

·             Ongoing results of the EM&A programme;

·             The works progress and programme;

·             Proposals of individual works methodologies (which should include the proposal of the associated pollution control measures);

·             Contract specifications on environmental protection and pollution prevention control;

·             The relevant environmental protection and pollution control legislation; and

·             Previous site inspection findings undertaken by the ET and/or others.

10.1.1.3          The Contractor should keep the Engineer and ET updated with all the relevant environmental related information on the construction contract to carry out the site inspections.  The inspection findings and associated recommendations for improvements to the environmental protection and pollution control and outcome of the improvement should be recorded and followed up by the Contractor in an agreed time-frame.

10.1.1.4          The Engineer, ET and Contractor should also carry out ad hoc site inspections if significant environmental problems are identified.  Inspections may also be required subsequent to the receipt of environmental complaints, or as part of the investigation work, as specified in the Event and Action Plans for the EM&A programme. 

10.2                   Compliance with Statutory and Contractual Requirements

10.2.1.1          There are contractual requirements and legislation in Hong Kong on environmental protection and pollution control with which the construction activities must comply.

10.2.1.2          In order to ensure the works are in compliance with the contractual requirements, all method statements of major works should be submitted by the Contractor to the Engineer for approval and to the ET for vetting so as to ensure whether sufficient environmental protection and pollution control measures have been incorporated.  The Environmental Mitigation Implementation Schedule is included in Appendix A.

10.2.1.3          The Engineer and ET should also review the progress and programme of the construction works in order to check that the relevant environmental legislation has not been violated and that any foreseeable potential for violating laws can be prevented.

10.2.1.4          The Contractor should provide the update of the relevant documents to the Engineer and ET, so that the checking can be carried out in good time.  Such documents should at least include the updated works progress reports, works programme, application letters for environmental licenses / permits, and all valid licenses/permits.  The Contractor’s site diary and environmental records should also be available for inspection by the relevant parties.

10.2.1.5          The Engineer and ET should advise the Contractor of any non-compliance with the contractual and legislative requirements on the environmental protection and pollution control so that they can timely take the follow-up action as appropriate.  If it would still be insufficient to comply with the environmental protection and pollution control requirements, The Engineer and ET should provide further advice to the Contractor to take remedial action to resolve the problems. 

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

10.3                 Environmental Complaints

10.3.1.1          Complaints should be referred to the ET for action, who should undertake the following procedures upon the receipt of complaints:

·             To log the complaints and dates of receipt onto the complaint database to be kept by the Contractor and inform the Engineer, ET and IEC immediately;

·             To investigate with the Engineer and Contractor the complaints to determine their validity, and assess whether the source of the problems is due to the construction works activities;

·             To identify the mitigation measures if the complaints are valid and due to the construction works;

·             To advise the Contractor if mitigation measures are required;

·             To review the Contractor’s responses to the identified mitigation measures, and the updated situation;

·             To undertake the additional monitoring and audit in order to verify the situation if necessary, and review that the circumstances leading to the complaints would not recur;

·             If the complaint is referred by the EPD, to submit interim report to the EPD on the status of the complaint investigations and follow-up action within the time frame assigned by the EPD; and

·             To record the complaints, investigations, subsequent action and findings in the monthly EM&A reports.

10.3.1.2          During the complaint investigation, the Contractor and Engineer should coordinate with the ET to provide all the necessary information and assistance for the completion of the investigation.  If mitigation measures are identified to be required, in consultation with the IEC, the Contractor should promptly implement such measures and the Engineer should ensure that the measures have been carried out properly.  A flow chart of the complaint response procedures is shown in Figure 10.1.