1. BACKGROUND

1.1 An Environmental Impact Assessment (EIA) study for the Cyberport Development was approved in April 1999 under the EIA Ordinance. Subsequently, the Applicant proposed to install on-site concrete batching facilities to supply concrete for construction works within the Cyberport Development site. As the environmental performance predicted in the approved EIA report will be materially affected by the proposed concrete batching facilities, an EIA study is required to address the potential environmental impacts of the construction, operation and decommission of the facilities, (the construction, operation and decommission of the concrete batching facilities is hereinafter referred to as "the Project"). together with other concurrent construction activities within the Cyberport Development.

1.2 An application (No. ESB-056/2000) for an EIA Study Brief under section 5(1) of the EIAO was submitted by the Applicant on 30 May 2000 with a project profile (No. PP-092/2000).

1.3 The project profile proposed to build on-site concrete batching facilities in two stages and the location is shown as in Appendix A. Stage 1 involves the installation of a mobile batching plant with a total silo capacity of roughly 45 tonnes (one 30 tonnes and one 15 tonnes). Stage 2 involves the construction of a fixed batching plant with a total silo capacity of approximately 800 tonnes (two 200 tonnes and four 100 tonnes).

1.4 Pursuant to section 5(7)(a) of the EIA Ordinance, the Director of Environmental Protection (the Director) issues this EIA study brief to the Applicant to carry out an EIA study to address the changes to the approved EIA report for the Cyberport development (Register No. AEIAR - 009/1999) in the EIA Ordinance Register and to address the nature and extent of environmental impacts arising from the Project as described in section 1.3 above. This information will contribute to decisions by the Director on:

(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed changes to the Cyberport Development;

(ii) the conditions and requirements for the detailed design, construction, operation and decommission of the proposed concrete batching facilities to mitigate against adverse environmental consequences wherever practicable; and

(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.

2. OBJECTIVES OF THE EIA STUDY

2.1 Having regard to other concurrent activities on the Cyberport Development, the objectives of the EIA study are as follows:

(i) to describe the Project and the associated works together with the requirements for carry out the Project;

(ii) to give an account of the consideration(s) given to alternative options for providing concrete on-site, and the alternative sitings for the proposed concrete batching facilities;

(iii) to identify and describe the elements of the community and environment likely to be affected by the Project;

(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(v) to identify any potential visual impacts and to propose measures to mitigate these impacts;

(vi) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance arising from the Project;

(vii) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise from the Project in relation to the sensitive receivers and potential affected uses;

(viii) to identify, assess and specify methods, measures and standards, to be included in the Project which are necessary to mitigate these environmental impacts and to reduce them to acceptable levels;

(ix) to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures and to identify the constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification; and

(x) to design and specify additional requirements or changes to the existing environmental monitoring and audit arrangements, if required, to ensure the effective implementation of the recommended environmental protection and pollution control measures.

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. During the assessment, the Applicant shall make special reference to the approved EIA report so as to address changes to the predicated and cumulative impacts from other concurrent activities in the Cyberport Development.

3.2 The Scope

3.2.1 The scope of this EIA study covers the proposed concrete batching facilities mentioned in section 1.2 and 1.3 above. This EIA study shall address the likely potential air quality, noise, visual, waste management and water quality impacts of the project; together with any other key issues identified during the course of the EIA study:

3.2.2 The EIA Report shall :

(i) list out and justify the considerations and reasons of locating the concrete batching facilities in the Cyberport and the environmental factors played in the selection;

(ii) provide a clear and objective environmental impacts comparison, especially the visual effect, of siting the concrete batching facilities in different locations in the Cyberport Development and to propose alternative location where appropriate

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. During the course of the EIA study, the Applicant may make reference to the findings in the approved EIA report for the Cyberport Development (Register No. AEIAR - 009/1999) in the EIA Ordinance Register, provided that these findings and assessment methodology can be shown to be still valid and applicable. The Applicant can also make reference to all relevant monitoring results gathered on site. All assessment shall be carried out taking into account of all other concurrent activities in the Cyberport Development.

The Applicant shall provide objective justifications for requirements in section 3.2.1 & 3.2.2 above and 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 TM, respectively.

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

3.3.1.3 The air quality assessment for the Project shall include the following:

(a) General

(i) Description of the activities of the Project that will likely give rise to aerial emissions;

(ii) Presentation of the background air quality levels in the assessment area for the purpose of evaluating the cumulative air quality impacts;

(iii) Identification and description of representative existing and planned/ committed air sensitive receivers (ASRs) that would likely be affected by the Project. The separation distances of these ASRs from the concrete batching facilities should also be given. The Applicant should also review the phasing of the Cyberport Development programme and include occupiers of early phases as ASRs if they will likely be affected by the operation of the concrete batching facilities;

(iv) Identification of emission characteristics and provision of emission inventory of the air pollution sources;

(v) Description of the assessment method (whether it be analytical or numerical) and the associated assumptions, validity of the method and limits of application. The methodology used shall be agreed with the Director before commencement of the study;

(vi) Assessment and evaluation of the net and cumulative air quality impact at the identified ASRs with consideration of the wind speeds and directions. The assessment shall identify the worst case scenario during the period of the Project;

(vii) Presentation of the results of the air quality impact in the form of summary tables and pollution contours, for comparison with relevant air quality standards and for examination of the land use implications of these impacts;

(viii) Proposals for effective mitigation measures to reduce the cumulative air quality impact to established standards. Special reference shall be made to the requirements under the Air Pollution Control Ordinance and other requirements described in section 3.3.1.3 (b) and (c); and

(ix) Submission of all input and output file(s) of the model run(s) in electronic format to the Director.

(b) Construction and Decommission of the Concrete Batching Facilities

The Applicant shall list out and follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control in conjunction with any additional mitigation measures to ensure construction dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.

(c) Operation of the Concrete Batching Facilities

The Applicant shall list out and follow the requirements stipulated in Best Practicable Means Requirement for Cement Works (Concrete Batching Plant) in dust control; the Air Pollution Control (Construction Dust) Regulation in dust control; and in conjunction with any additional mitigation measures to ensure operational dust impacts are controlled within the relevant standard as stipulated in Annex 4 of the TM.

3.3.1.4 An audit and monitoring program of the Project shall be initiated, in addition to the existing monitoring and audit programme, to verify the effectiveness of the control measures and to ensure that the dust levels be brought under control.

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, respectively.

3.3.2.2 In a construction site, the noise from concrete batching facilities is classified as construction noise. The construction noise impact assessment shall therefore cover the construction, operation and decommission noises arising from the concrete batching facilities. The assessment shall include the following:

(i) Determination of Assessment Area

The assessment areas shall include all areas within 300m from the proposed works boundary of the Cyberport Development. 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 proposed works boundary of the Cyberport Development, provides acoustic shielding to those receivers located further away.

(ii) Provision of Background Information

The Applicant shall provide all background information relevant to the Project. Background noise levels will be required for assessment of fixed or other noise sources, for which the planning standards involve background noise levels.

(iii) Identification of Noise Sensitive Receivers

(a) The Applicant shall refer to Annex 13 of the TM and the approved EIA report when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.

(b) The Applicant shall select assessment points to represent all identified NSRs, for carrying out the 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.

(iv) Provision of an Emission Inventory of the Noise Sources

The Applicant shall provide an inventory of noise sources from the Project and the construction equipment for other concurrent activities in the Cyberport Development.

(v) Noise Assessment

(a) The Applicant shall carry out assessment of cumulative noise impact from 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 assessment shall identify the worst case scenario during the period of the Project The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.

(b) If the unmitigated 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.

3.3.3 Waste Management Implications

3.3.3.1 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, respectively.

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

(i) Analysis of Activities and Waste Generation

The Applicant shall identify the quantity, quality and timing of the waste arising from the Project.

(ii) Proposal for Waste Management

(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation and on-site or off-site re-use shall be fully evaluated. Measures, which can be taken in the planning, and design stages e.g. by modifying the design approach and in the construction of the concrete batching facilities for maximizing waste reduction shall be separately considered.

(b) Having taken into account all the opportunities for reducing waste generation and maximizing reuse, 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 details. The disposal method recommended for each type of wastes shall take into account the results of the assessment in (c) below.

(c) The impacts caused by handling (including labeling, packaging and storage), collection, and disposal of wastes shall be addressed in details and appropriate mitigation measures proposed. This assessment shall cover the following areas:

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

3.3.4 Water Quality Impact

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

3.3.4.2 The Applicant shall list out the water bodies, watercourses and streams which will be affected by the Project together with their beneficial uses and their existing water quality.

3.3.4.3 The Applicant shall identify those activities likely to have an impact on the watercourses, water bodies, and streams. Such activities would include site preparation, construction, operation and maintenance of the concrete batching facilities, removal of spoils and other activities. Possible impacts arising from such activities include changes in hydrology, flow regime, sediment erosion or deposition, water and sediment quality and the effects on the aquatic organisms, if found, due to such changes.

3.3.4.4 The Applicant shall evaluate the adverse effects of the Project on the identified water bodies, watercourses and streams. All waste water generated shall have to meet TM standards prior to discharge.

3.3.4.5 The Applicant shall evaluate potential stormwater run-off and non-point source pollution impacts from the Project and investigate the opportunity of implementing additional storm water Best Management Practices. Pollution control and mitigating measures shall be recommended to reduce those potential impacts to within established standards, objectives and criteria. Attention shall be drawn to the water quality control and mitigation measures recommended in the ProPECC Note on construction site drainage. Where appropriate, the Project should be configured and programmed as to avoid disturbance to or alteration of flow regime of natural stream course as far as practicable. Measures should also be recommended to ensure natural flow of water is maintained to avoid flooding.

3.3.4.6 Where appropriate, the Applicant shall recommend additional compliance monitoring programme in addition to the existing monitoring and audit programme. Any water quality monitoring programme proposed for the identified water bodies, watercourses and streams shall be integrated with the EM&A programme under the Cyberport Development. Requirements to be incorporated in the project contract document shall also be proposed.

3.3.4.7 The Applicant shall evaluate the residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water and sediment quality objectives, criteria, standard and guidelines.

3.3.5 Visual Impact

3.3.5.1 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM, respectively for evaluating and assessing visual impacts. Both construction and operation of the concrete batching facilities shall be assessed.

3.3.5.2 The study area for the visual impact assessment shall be defined by the visual envelope of the Cyberport Development.

3.3.5.3 The Applicant shall assess the visual impact of the proposed concrete batching facilities. The assessment shall include the following:

(i) identification and plotting of visibility contours of the proposed concrete batching facilities within the assessment area;

(ii) identification of the key groups of sensitive receivers within the visibility contours with regard to views from both ground level and elevated vantage points;

(iii) description of the visual compatibility of the concrete batching facilities with the surrounding and the planned setting, and its obstruction and interference with key views of the adjacent areas; and

(iv) the severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the concrete batching facilities with and without mitigation measures shall be included so as to demonstrate the effectiveness of the proposed mitigation measures.

3.3.5.4 Alternative design and options that would avoid or reduce the identified visual impacts shall be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including design of structures, provision of finishes to structure, colour scheme and texture of material used, and any other possible measures. Parties shall be identified for the management and maintenance of any proposed mitigation measures to ensure their effectiveness throughout the operation of the concrete batching facilities.

3.3.5.5 Coloured perspective drawings, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, photo-retouching and photomontage shall be adopted to illustrate the visual impact of the proposed concrete batching facilities. The Applicant shall record the technical details in preparing the illustration, which may need to be submitted for verification of the accuracy of the illustration.

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

4.1 The Applicant shall define the scope of the EM&A requirements for the Project in the EIA study to see whether any additional requirements are needed on top of the existing arrangement on site.

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.

4.4 The Applicant shall propose real-time reporting of monitoring data for the Project through a dedicated internet website.

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. 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.

7. REPORT REQUIREMENTS

7.1 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.

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

(i) 40 copies of the EIA report in English and 80 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.

(ii) 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.

(iii) 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.

7.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.

7.4 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 Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlinks to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.

7.5 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.

7.6 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.

8. OTHER PROCEDURAL REQUIREMENTS

8.1 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.

8.2 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-092/2000), 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.