Environmental Impact Assessment Ordinance (Cap. 499)
Section 5(7)

Environmental Impact Assessment Study Brief No. ESB-031/1999
Project Title: YProposed Cheung Sha Wan Wholesale Market Complex Phase II.

Name of Applicant: Architectural Services Department of the Hong Kong SAR Government

1. BACKGROUND

1.1 An application (No. ESB-031/1999) for an Environmental Impact Assessment (EIA) Study Brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 11 February 1999 with a project profile (No. PP-046/1999).

1.2 The Applicant proposes to build a wholesale market complex at Cheung Sha Wan, to provide a permanent building structure to cope with the rapid increase in whole sale market activities in Hong Kong. This market complex will be a multi-storey building with various provisions to facilitate different trading and operational needs. The project is a Designated Project under Schedule 2, N.3, of the EIAO: "A wholesale market".

1.3 The existing Cheung Sha Wan Wholesale Market Complex Phase I (which is located next to the proposed Phase II Market Complex) will be vacated and redeveloped. The Phase I wholesale marketing facilities in Cheung Sha Wan and Yau Ma Tei Fruit Market will be relocated and integrated into this proposed Market Complex (Figure 1 and 2). The demolition and redevelopment of the Phase I Market will not take place until after the Phase II Market is operational, some five years from now, and is not covered in the Project Profile or this Study Brief, except as noted in section 3.4 below under "Land Use Impact".

1.4 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.

1.5 The purpose of this EIA study is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the proposed designated projects and related activities taking place concurrently. This information will contribute to decisions by the Director on:

1. the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;
   
   
2. the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate adverse environmental consequences wherever practicable; and
   
   
3. the acceptability of residual impacts after the proposed mitigation measures are implemented.
   
   

2. OBJECTIVES OF THE EIA STUDY

2.1 The objectives of the EIA study are as follows:

1. to describe the proposed project and associated works together with the requirements for carrying out the proposed project;
   
   
2. to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including both the natural and man-made environment;
   
   
3. to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
   
   
4. to propose the provision of infrastructure or mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;
   
   
5. to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the project in relation to the sensitive receivers and potential affected uses;
   
   
6. to identify, assesses and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to mitigate these environmental impacts and to reduce them to acceptable levels;
   
   
7. to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;
   
   
8. to identify constraints associated with the mitigation measures recommended in the EIA study;
   
   
9. to design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted; and
   
   
10. to identify, within the study area, any individual project(s) that fall under Schedule 2 of the EIA Ordinance; to ascertain whether the findings of this EIA study have adequately addressed the environmental impacts of those projects; and where necessary, to identify the outstanding issues that need to be addressed in any further detailed EIA studies.
    
    

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter referred to as the TM) are fully complied with.

3.2 The Scope

The scope of this EIA study covers the proposed project mentioned in sections 1.2 and 1.3 above.

3.3 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts:

3.3.1 Air Quality Impact

3.3.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Annexes 4 and 12 of the Technical Memorandum, respectively.

3.3.1.2 The assessment area for air quality impact shall be defined by a distance of 500m from the boundary of the project area.

3.3.1.3 For construction impacts, the Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control and shall initiate an audit and monitoring program during the construction stage to ensure construction dust impacts are controlled within the relevant standards as stipulated in Annex 4 of the TM.

3.3.1.4 The air quality assessment shall include the following :

General

1. presentation of background air quality in the study area for the purpose of evaluating the cumulative air quality impacts of the proposed project;
   
   
2. description of the topographical and man-made features which may affect the dispersion characteristics of air pollutants within the study area;
   
   
3. identification of representative air sensitive receivers and/or potential affected uses;
   
   
4. identification of emission characteristics and provision of an emission inventory of the existing, committed and planned air pollution sources;
   
   
5. description of the assessment method (whether it be analytical, numerical or physical) and the associated assumptions, validity of the method and limits of application;
   
   
6. analysis of operational activities (after commissioning), the related air quality impact and characterization;
   
   
7. assessment and evaluation of the net and cumulative air quality impacts;
   
   
8. presentation of the assessment results in the form of summary tables and pollution contours, whenever practicable, for comparison with relevant air quality standards and for the examination of the land use implications of these impacts; and
   
   
9. proposals for effective mitigation measures to reduce the cumulative air pollution impacts to established standards.
   
   
10. The EIA report submitted should include all input and output(s) of the model run(s) in electronic format.
    
    

Specific

11. To address the possible impacts of aerial emissions on the surrounding environment, to include at least chimneys and ventilation systems from the live poultry slaughterhouse, general food markets, facilities for transfer, loading and unloading of goods.

3.3.2 Noise Impact

3.3.2.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM.

3.3.2.2 The noise impact assessment shall include the following :

1. Determination of Assessment Area
   
   The noise impact assessment shall include all areas within 300m from the project boundary. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the project boundary, provides acoustic shielding to those receivers located further away.
   
   
2. Provision of Background Information
   
   The Applicant shall provide all background information relevant to the project including relevant studies, previous or current. Background noise levels will be required for assessment of fixed or other noise sources, for which the planning standards involve background noise levels.
   
   
3. Identification of Noise Sensitive Receivers
   
   
   1. The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing ones and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.
      
      
   2. The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description including name of building, use, and floors of each and every selected assessment point shall be given.
      
      
4. Provision of an Emission Inventory of the Noise Sources
   
   The Applicant shall provide an inventory of noise sources including construction equipment for construction noise assessment and fixed plant equipment, as appropriate, for operational noise assessment. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
   
   
5. Construction Noise Assessment
   
   
   1. The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3. and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.
      
      
   2. To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.
      
      
   3. If the unmitigated construction noise levels are found to exceed the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy tasks) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
      
      
6. Operational Noise Assessment
   
   
   1. Fixed Noise Sources

      a1. Assessment of Fixed Source Noise Levels

      The Applicant shall calculate the expected noise using standard acoustics principles. Calculations for the expected noise shall be based on assumed plant inventories and utilization schedule for the worst case scenario. The Applicant shall calculate the noise levels taking account of correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites.

      a2. Presentation of Noise Levels

      The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.

      A quantitative assessment at the NSRs for the proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.

      a3. Proposals for Noise Mitigation Measures

      The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.

7. Assessment of Side Effects and Constraints
   
   The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints arising from the inclusion of any recommended direct technical remedies.
   
   

3.3.3 Water Pollution

3.3.3.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM.

3.3.3.2 The assessment area for the purpose of this water quality impact assessment shall cover an area within 500 m of the project site boundary.

3.3.3.3 The Applicant shall identify and analyze in the assessment all physical, chemical and biological disruptions of marine or fresh water arising from construction and operation of the project.

3.3.3.4 The Applicant shall include the following in the water quality impact assessment :

1. collection and review of background information on the existing water system(s) and the respective catchment(s);
   
   
2. characterization of water and sediment quality based on existing information or site surveys/tests (if dredging is required for the construction of the future pier) as appropriate;
   
   
3. identification and analysis of all existing and future activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers which would be affected by the proposed development;
   
   
4. identification of pertinent water and sediment quality objectives, criteria and standards for the water system(s) and all the sensitive receivers identified in(iii);
   
   
5. identification of any alteration of drainage channels, change of shoreline or bathometry, change of flow regime, change of catchment types or areas;
   
   
6. identification, analysis and quantification of all existing and future water and sediment pollution sources, including point discharges and non-point sources to surface water runoff, and analysis of the provision and adequacy of future facilities to reduce such pollution. An emission inventory on the quantities and characteristics of all existing and future pollution sources in the assessment area shall also be provided. Field investigation and laboratory tests, as appropriate, shall be conducted to fill in any relevant information gaps;
   
   
7. prediction and quantification of impacts on the water system(s) and sensitive receivers due to those alterations and changes identified in (v) above and pollution sources identified in (vi) above. Possible impacts include changes in hydrology, flow regime, sediment erosion and deposition, water and sediment quality and the effects on aquatic organisms due to such changes. The prediction shall take into account and include possible different construction stages or sequences, and different operational stages, as well as prediction and quantification of cumulative impacts due to other committed and planned projects, activities or pollution sources within the assessment area;
   
   
8. assessment and quantification of existing and future wastewater generation activities such as, wastewater generated from regular floor cleaning and effluent generated from the bleeding area of the poultry slaughterhouse and similar areas. Appropriate measures shall be proposed to mitigate any potential water quality impact arising from these activities. In addition, analysis of the adequacy of existing and future sewerage infrastructure to accommodate sewage arising from the proposed development both during construction and operation should be undertaken;
   
   
9. if dredging and/or reclamation are required for the proposed pier, the project proponent shall quantify all dredging, filling, reclamation, mud/sediment transportation and disposal activities and requirements. The prediction and quantification of impacts caused by sediment re-suspension and contaminates release shall be carried out with mathematical modeling or other techniques subject to the approval of the Director;
   
   
10. a proposal for upgrading or providing any effective infrastructure, water pollution prevention and mitigation measures to be implemented during the construction and operation stages so as to reduce the water and sediment quality impacts to within standards. Requirements to be incorporated in the project contract documents shall also be proposed;
    
    
11. best management practices to reduce storm water and non-point source pollution shall be investigated and proposed as appropriate; and
    
    
12. evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water and sediment quality objectives, criteria, standards or guidelines.
    
    

3.3.4 Waste Management Implications

3.3.4.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM.

3.3.4.2 The assessment of waste management implications shall cover the following :

1. Analysis of Activities and Waste Generation
   
   The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.
   
   
2. Proposal for Waste Management
   
   
   1. Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation shall be fully evaluated.
      
      
   2. Having taken into account all the opportunities for reducing waste generation, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment in (c) below.
      
      
   3. The impact caused by handling (including labeling, packaging and storage), collection, and disposal of wastes shall be addressed in detail. This assessment shall cover the following areas:
      
      

      c1. potential hazard;
      
      c2. air and odour emissions;
      
      c3. noise;
      
      c4. wastewater discharge; and
      
      c5. public transport.
      
      

3.3.5 LANDSCAPE AND VISUAL IMPACT

3.3.5.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing landscape and visual impact as stated in Annexes 10 and 18 of the Technical Memorandum.

3.3.5.2 The landscape impact assessment shall include all areas within a 500m distance from the proposed project. The assessment area for the visual impact assessment shall be defined by the visual envelope of the proposed project.

3.3.5.3 The landscape and visual impact assessment shall include the following:

1. a baseline study to provide for a comprehensive and accurate description of the baseline landscape and visual character;
   
   
2. a review of the relevant planning and development control framework;
   
   
3. impact studies to identify the potential landscape and visual impacts and predict their magnitude and potential significance; and
   
   
4. recommendations on mitigation measures and implementation programme.
   
   

3.3.5.4 The Applicant shall appraise and analyze the existing landscape nature and the characteristics of the assessment area. Particular focus shall be put on the sensitivity of the landscape framework and its ability to accommodate change. The Applicant shall identify the degree of compatibility of the proposed project with the existing landscape.

3.3.5.5 The Applicant shall assess the visual impacts of the proposed project. The assessment shall include the following :

1. identification and plotting of visibility contours of the proposed project within the assessment area;
   
   
2. identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vangate points; and
   
   
3. the severity of visual impacts in terms of distance and number of sensitive receivers shall be identified. The visual impacts of the project with and without mitigation measures shall be assessed.
   
   

3.3.5.6 The Applicant shall review relevant plans and studies which may contain guidelines and urban design concepts including building height profiles, designated view corridors, specific elements such as areas of high visual value, and special design areas, and open space networks. The aim is to gain an insight into the future outlook of the area affected and the ways that the project can fit into the environment. Any conflict with the statutory town plan should be highlighted and appropriate follow-up action should be recommended.

3.3.5.7 The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape and townscape design. The mitigation measures shall also include the retention of vegetation, provision of screen planting, revegetation of disturbed land, reprovisioning of amenity areas and open spaces, design of structures, provision of finishes to structures, and any measures to mitigate the disturbance of the land use. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness throughout the operation phase of the proposed project. A practical programme and funding proposal for the implementation of the recommended measures shall also be worked out.

3.3.5.8 Perspective drawings, plans and section/elevation diagrams, photographs on scaled physical models, photo-retouching and photo-montage shall be adopted to illustrate the landscape and visual impacts of the proposed project.

3.4 Land Use Impact

The possible comprehensive commercial/residential development of the existing Cheung Sha Wan Wholesale Market Phase I site may be a sensitive use. Future constraints on land use from the project should be considered in this assessment.

4. ENVIRONMENTAL MONITORING & AUDIT (EM&A) REQUIREMENTS

4.1 The Applicant shall identify in the EIA study whether there is any need for EM&A activities during the construction and operation phases of the project and, if affirmative, shall define the scope of the EM&A requirements for the project in the EIA study.

4.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.

4.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.

5. SUMMARY of ENVIRONMENTAL OUTCOMES

The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, and environmental benefits of environmental protection measures recommended.

6. ENVIRONMENTAL MANAGEMENT PLAN

6.1 The EIA report should include an Environmental Management Plan (EMP) for the construction and operation of the project to confirm the effectiveness of all the proposed mitigation measures in achieving satisfactory environmental performance.

6.2 The EMP shall be a stand-alone document and shall form part of the EIA study final report. The EMP shall include the monitoring and audit requirements during the construction and operation phases as outlined in Section 4 with recommendations for regular review and update.

6.3 The EMP shall be developed and extended to consider and confirm whether there is the need for the future operator to implement an environmental management system, and be certified to internationally recognized standard during the operation of the wholesale market.

6.4 The EMP shall assure compliance with all relevant existing legislation, standards, guidelines, code of practices, environmental policy in Hong Kong or other parts of the world.

6.5 The EMP shall include recommendations for specific contractual requirements to be incorporated into the agreement between the Government and the future operator of the market, to ensure its implementation.

7. DURATION OF VALIDITY

This EIA study brief is valid for 24 months from the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.

8. REPORT REQUIREMENTS

8.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM, which stipulates the guidelines for the review of an EIA report.

8.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:

1. 40 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report.
   
   
2. when necessary, addendum to the EIA report and the executive summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.
   
   
3. 20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.

8.3 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in DynaDoc Format (version 3.0 or later) [for Chinese documents] and in Portable Document Format (PDF version 3.0 or later) [for English documents], unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document, and all graphics in the report shall be in interlaced GIF format.

8.4 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.

8.5 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.

9. OTHER PROCEDURAL REQUIREMENTS

9.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.

9.2 If there is any key change in the scope of the project mentioned in Section 1 of this EIA study brief and in Project Profile (No. PP-046/1999), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.

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