Environmental Impact Assessment Ordinance (Cap. 499), Section 5(7)
Environmental Impact Assessment Study Brief No. ESB-130/2005
(hereinafter known as the "Project")
Name of Applicant : Mass Transit Railway Corporation Limited
(hereinafter known as the "Applicant")
1. BACKGROUND
1.1 An application (No. ESB-130/2005) 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 21 July 2005 with a Project Profile (No. PP-254/2005) (the Project Profile).
1.2 The proposed Project is to construct and operate a new rail based transport system to serve the west of Hong Kong Island. The indicative route of the system is shown in the Project Profile and is reproduced in Appendix A in this study brief. The development and operation of the Project will comprise the following:
(i) Approximately 3 kilometres of underground railway from Sheung Wan via Sai Ying Pun and University of Hong Kong to Kennedy Town;
(ii) Construction of tunnels and stations by tunnel boring machine, soft ground tunnelling techniques, ground treatment from the surface and compressed air operation, drill-and-blast and/or cut-and-cover method;
(iii) Construction of stations entrances and ventilation towers; and
(iv) Operation of the railway system.
1.3 Pursuant to section 5(7)(a) of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.
1.4 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 Project and related activities that take place concurrently. 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 Project;
(ii) the conditions and requirements for the detailed design, construction and operation of the Project 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 The objectives of the EIA study are as follows:
(i) to describe the Project, associated works, and any phasing of development together with the requirements and environmental benefits for carrying out the Project;
(ii) to identify and describe the elements of the community and environment likely to be affected by the Project and/or likely to cause adverse impacts to the Project, including both the natural and man made environment and the associated environmental constraints;
(iii) to describe the constraints leading to and considerations given in selecting the proposed alignment, station locations, locations and size of work sites, underground work construction methods including considerations of the comparative benefit(s) and dis-benefit(s) of alternative alignments, station locations, works sites and underground / tunnelling construction methods; to provide reasons for selecting the preferred option(s) for the above; and to describe the part environmental factors played in the whole selection process to include environmental benefit(s) and dis-benefit(s).
(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(v) to identify and quantify waste management requirements and land contamination prevention requirements, and to propose measures to avoid in the first instance or mitigate these impacts;
(vi) to identify any negative impacts on sites of cultural heritage and to propose measures to avoid in the first instance or mitigate these impacts;
(vii) to identify and quantify any potential landscape and visual impacts and to propose measures to avoid in the first instance or mitigate these impacts;
(viii) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the Project;
(ix) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;
(x) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) 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;
(xi) to identify, assess 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 cumulative effects and reduce them to acceptable levels;
(xii) to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification; and
(xiii) to design and specify the environmental monitoring and audit requirements 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 and to specify the environmental issues that are required to be reviewed and assessed in the EIA report. 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 shall cover the Project proposed in the Project Profile and the works and facilities mentioned in Section 1.2 above. The EIA study shall address the key issues described below, together with any other key issues identified during the course of the EIA study and the cumulative environmental impacts of the Project, through interaction or in combination with other existing, committed, and planned and known potential developments in the vicinity of the Project:
(i) the potential noise impacts on nearby noise sensitive receivers during construction and operation of the Project, including a review of other similar railway projects, such as, at least Airport Railway/ Tung Chung Line, Tseung Kwan O Extension, Quarry Bay Congestion Relief Work, and the incorporation of any lessons learned from these projects into this Project;
(ii) the potential landscape and visual impacts on existing and planned sensitive receivers due to the construction and operation of the Project, including at least impacts due to ventilation shafts and impacts on “tree walls” (e.g. the old retaining walls with trees at the Forbes Street area and the King George V Memorable Park area) and trees;
(iii) the potential impacts on sites of cultural heritage likely to be affected by the construction works of the Project, including at least declared monuments along the railway corridor;
(iv) the potential impacts of various types of waste arising, including at least excavated materials from constructing tunnel and stations of the railway and, any other construction waste and chemical waste to be generated from the construction and operation of the Project;
(v) the potential water quality impacts arising from the construction and operation of the Project, including the impact to the underground water table due to the construction and operation of the Project, the related potential environmental impacts on trees and discharge from any water-cooled air conditioning system;
(vi) the potential hazard to life during the construction of the Project if there is overnight storage of explosives; and
(vii) the potential air quality impacts during the construction stage of the Project.
3.3 Consideration of Alternative Layout and Construction Methods
3.3.1 The Background information of the Project
The Applicant shall provide information on the background for the construction and operation of this Project. The Applicant shall explain clearly the purpose and objectives of the Project, and shall include a description of the potential environmental benefits of the Project.
3.3.2 Consideration of Different Alternative Alignment(s) and Station Option(s)
In addition to the proposed alignment and station option(s) mentioned in the Project Profile and Section 1.2 above, the Applicant shall consider various alternative option(s) for alignment and station location to avoid adverse environmental impacts to the maximum practical extent, taking account of previous studies. A comparison of the environmental benefits and dis-benefits of feasible alternative alignment and station(s) location options shall be made to support the selection of the preferred option(s) to avoid adverse environmental impacts to the maximum practicable extent, in particular how the alternative options would avoid or minimise impacts on trees, “tree walls”, sites of cultural heritage and reduce the construction and operation noise impact. Operational considerations or other constraints affecting the selection of the preferred option(s) shall also be stated. The considerations given in the design and location of ventilation shafts shall also be provided to justify the preferred options.
3.3.3 Consideration of Alternative Construction Methods, Sequences of Works, Work Site Requirements and Locations
Taking into consideration the potential cumulative effects during the construction period and the degree of the construction impacts on affected sensitive receivers, the EIA study shall explore alternative construction methods (including at least Cut and Cover, New Austrian Tunnelling Method/Shield Tunnelling, Tunnel Boring Machine, drill-and-blast, Mini and micro-tunnelling) and sequence of works, work site size requirements (including Tunnel Boring Machine launching and retrieval sites) and work site locations for the Project, with a view to avoiding prolonged adverse environmental impacts. A comparison of the environmental benefits and dis-benefits of applying different construction methods and sequence of works shall be made.
3.3.4 Selection of Preferred Option
Taking into consideration of the findings above, the Applicant shall justify the selection of the preferred option that will avoid or minimize adverse environmental effects arising from the Project to the maximum extent possible; and shall adequately describe the part that environmental factors played in arriving at the final selection of the construction methods, sequences of works, works site size requirements and work site locations of the Project. The Applicant shall describe in details the construction programme, work site size requirement, work site locations including any work site(s) away from the railway alignment, construction method for various above ground and underground sections of the railway and stations, and alignment to be adopted.
3.4 Technical Requirements
The Applicant shall conduct the EIA study to address the environmental aspects as described above. The EIA study shall include the following technical requirements on specific impacts. The Applicant shall include in the EIA report details of the construction programme.
1.0.0 Noise Impact
3.4.1.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing both the construction and operation noise impacts arising from the Project as stated in Annexes 5 and 13 of the TM respectively. In response to Section 4.4.2(h) of the TM, the Applicant shall review and consider any lessons learnt from other similar projects for incorporation in the current proposal to avoid in the first instance or minimize potential noise impacts.
3.4.1.2 The noise impact assessment shall include the following:
(i) Determination of Assessment Area
The study area shall include all areas within a distance of 300m from the Project boundary and of all work sites, including work areas away from the railway alignment, proposed under the Project. The study area may be reduced accordingly if the first layer of noise sensitive receivers (NSRs), closer than 300m from the outer project limit, provides acoustic shielding to those receivers located further away. In this case, the study area shall be agreed with the Director. Subject to the agreement of the Director, the assessment area shall be expanded to include NSRs at greater distance which would be affected by the construction and operation of the project.
(ii) Provision of Background Information and Existing Noise Levels
The Applicant shall provide all background information relevant to the Project, including relevant previous or current studies. Unless required for determining the planning standards, such as those for planning of fixed noise sources, no existing noise levels are required except as set out below.
(iii) Identification of Noise Sensitive Receivers
(a) The Applicant shall refer to Annex 13 of the TM when identifying the NSRs. The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans, and other relevant published land use plans.
(b) The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment as described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map shall be given showing the location of each and every selected assessment points.
(iv) Provision of an Emission Inventory of the Noise Sources
The Applicant shall provide inventory of noise sources including representative construction equipment assumed for assessing construction noise associated with, for example tunneling and other construction works, and plant/ equipment/ railway/ rolling stock for operation noise assessment. The inventory shall assume appropriate railway traffic data for the purpose of assessment.
(v) Construction Noise Assessment
(a) Based on best information, the assessment shall cover the cumulative noise impacts due to the construction works of the Project and other projects and works in the vicinity.
(b) 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.
(c) For ground-borne noise impacts, the criteria and assessment methodology shall be agreed with the Director (with reference to Section 4.4.2(c) of the TM). Site measurements at appropriate locations may be required in order to obtain the empirical input parameters required in the ground-borne noise model.
(d) To minimize the construction noise impact, alternative construction methods to replace percussive piling and blasting shall be proposed as far as practicable. In case blasting cannot be avoided, it should be carried out, as far as practicable, outside the sensitive hours (7pm to 7am on Monday to Saturday and any time on a general holiday, including Sunday). For blasting that must be carried out during the above-mentioned sensitive hours, the noise impact associated with the removal of debris and rocks should be fully assessed and mitigation measures should be recommended to reduce the construction noise impact. Also, a mechanism should be recommended in the EIA Report such that the blasting schedule should be submitted to the concerned authority for approval prior for its implementation.
(e) For tunnelling, noise impact (including air-borne noise and ground-borne noise) associated with the operation of powered mechanical equipment, in particular, tunnel boring machines or equivalent, shall be assessed. If the equipment, such as a tunnel boring machine and associated facilities, is used, the methodology/model for assessing ground-borne noise impact from these equipments/facilities shall be agreed with the Director prior to obtaining the empirical parameters required in the ground-borne noise model. Cumulative impacts with other projects shall be covered if appropriate.
(f) If the unmitigated construction noise levels are found to exceed the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including at least movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy tasks), particularly at open-cut areas, tunnel boring machine launching and retrieval shafts and tunnel portal(s), to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
(g) The Applicant shall formulate a construction programme as far as practicable such that no work will be required in the restricted hours as defined under the Noise Control Ordinance (NCO). In case the Applicant needs to evaluate whether construction works during restricted hours as defined under the NCO are feasible or not in the context of programming construction works, reference should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of construction noise impact assessment for restricted hours, the Noise Control Authority will process Construction Noise Permit (CNP) application, if necessary, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary condition/situations of adjoining land uses and any previous complaints against construction activities at the site before making his decision in granting a CNP. This should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.
(vi) Operational Noise Assessment
(a) The Applicant shall assess the impacts during the operational phase of the proposed railway and the associated facilities, including worst case scenario, normal, abnormal, transient and emergency operations, if applicable, with respect to the acceptable levels contained in Table 1A in Annex 5 in the TM. The assessment methodology including the railway/train design noise level shall be agreed with the Director prior to the commencement of the assessment.
(b) For operation ground-borne noise impact, the criteria and assessment methodology shall be agreed with the Director with special reference to Section 4.4.2(c) of the TM. The assessment shall also cover the cumulative ground-borne noise impact due to the Project and the railways in the vicinity (such as the existing Mass Transit Railway). Site measurements at appropriate locations on a “like-to-like” basis (e.g. under similar situations) may be required in order to obtain the empirical input parameters required in the ground-borne noise model.
(c) In assessing the noise level, the Applicant shall allow for a deterioration in rail and rolling stock condition from brand new to an operating level and shall address the reasonable and worst case scenarios, taking into account any other planned noise sources. The Applicant shall present the noise levels in Leq(30min), Leq(24 hr) and Lmax during the day and at night at the NSRs at various representative floor levels (in mPD) on tables and plans of suitable scale. Quantitative assessment at the identified NSRs for different alignment of the rail shall be compared against the relevant criteria or limits. The potential noise impact of each proposed alignment on the existing and planned NSRs shall be quantified by estimating the total number of dwellings and/or classrooms and other sensitive elements that will be exposed to levels above the relevant planning criteria and statutory limits.
(d) The Applicant shall make recommendations for noise amelioration/direct technical remedies for any existing or planned NSR which would be subject to predicted cumulative noise level in excess of the relevant planning criteria or statutory limits in the appropriate design year. A manual detailing the schedule of maintaining/capping the wheel/rail noise to suit the design specification shall be provided.
(e) In case where a number of the NSRs cannot be protected by the recommended noise amelioration/direction technical remedies, the Applicant shall consider alternatives to reduce the impact.
(vii) Fixed Noise Source Assessment
If the Project includes any fixed noise sources, such as ventilation systems, the following assessment shall be followed:
(a) Assessment of Fixed Source Noise Levels – The Applicant shall calculate the expected noise using standard acoustic principles. Calculations for the expected noise shall be based on the assumed plant inventories and utilization schedule for the reasonable and worst case scenarios. The Applicant shall calculate the noise levels taking into account the 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. The cumulative impacts due to the fixed noise sources proposed for the Project (such as the ventilation shafts) and other existing and planned noise sources shall also be assessed.
(b) Presentation of Noise Levels – The Application shall present the existing and future noise levels in Leq(30min) at the NSRs at various representative floor levels (mPD) on tables and plans of suitable scale. A quantitative assessment at the NSRs for the proposed fixed noise sources shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.
(c) Proposal for Noise Mitigation Measures – To protect the affected NSRs, the Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise levels exceed the criteria set out in Table 1A of Annex 5 of the TM.
(viii) Assessment of Side Effects and Constraints
The Applicant shall identify, assess and propose means to avoid or minimize any consequential adverse impacts from the construction of noise impact mitigation measures and to resolve any potential constraints due to the inclusion of the recommended direct technical remedies.
(ix) Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses
(a) For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planed noise sensitive uses boundary and shall make recommendations on how these noise sensitive uses should be designed for the information of relevant parties.
(b) The Applicant shall take into account the agreed environmental requirements/constraints identified by the study to assess the development potential of the concerned sites, and shall make such information known to the relevant parties.
3.4.2 Landscape and Visual Impact
3.4.2.1 The Applicant shall follow the criteria and guidelines as stated in Annexes 10 and 18 of the TM and the Guidance Notes EIAO No. 8/2002 on the preparation of Landscape and Visual Impact Assessment (LVIA) under the EIAO. Landscape and visual impacts during both construction and operation phases within the Study Area shall be assessed.
1.0.0.0 The assessment area for landscape impact assessment shall include all areas within a 100m distance from the works limit of the Project while the assessment area for the visual impact assessment shall be defined by the visual envelope of the Project. It shall include at least all above ground structures, such as stations, railway and ventilation shafts and temporary structures during construction such as barriers and earth conveyor system.
2.0.0.0 The Applicant shall review relevant outline development plan(s), outline zoning plan(s), layout plan(s) or planning briefs and studies which may identify areas of high landscape value and recommend green belt and areas with sensitive landscape designations. The aim is to gain an insight to the future outlook of the area affected so as to assess whether the Project can fit into the surrounding setting. Any conflict with statutory town plan(s) shall be highlighted and appropriate follow-up action shall be recommended.
3.0.0.0 The Applicant shall describe, appraise, analyze and evaluate the existing landscape resources and character of the assessment area. A system shall be derived for judging landscape and visual impact significance as required under the TM. The sensitivity of the landscape framework and its ability to accommodate change shall be particularly focused on. The Applicant shall identify the degree of compatibility of the Project with the existing and planned landscape setting. The landscape impact assessment shall quantify the potential landscape impact as far as possible so as to illustrate the significance of such impacts arising from the proposed development. Clear mapping of the landscape impact is required. A tree survey as part of the LVIA shall be carried out and the impacts on existing mature trees, protected tree species and trees of amenity value shall be addressed, in particular, the ‘tree walls’ at the Forbes Street area and the King George V Memorable Park area.
4.0.0.0 The Applicant shall assess the visual impacts of the proposed Project. Clear illustration including mapping of visual impact is required. The assessment shall include the following:
(i) Identification and plotting of visual envelope of the proposed Project within the assessment area.
(ii) Identification of the key groups of sensitive receivers within the visual envelope with regard to views from both ground level and elevated vantage points. Sensitive receivers may involve visitors and users of country parks.
(iii) Description of the visual compatibility of the proposed Project with the surrounding.
(iv) The severity of visual impacts in terms of distance, nature and number of sensitive receivers shall be identified. The visual impacts of the proposed Project with and without mitigation measures shall be included so as to demonstrate the effectiveness of the proposed mitigation measures.
5.0.0.0 The Applicant shall evaluate the merits of total and partial preservation of the existing landscape, particularly for the “tree walls” at the Forbes Street area and the King George V Memorable Park area. Alternative rail alignment, station design, ventilation towers/shafts and construction methods that would avoid or reduce the identified landscape and visuals impacts shall first be considered and be evaluated for comparison before adopting other mitigation or compensatory measures to alleviate the impacts. The mitigation measures proposed shall not only be concerned with damage reduction but shall also include consideration of potential enhancement of the existing landscape. The Applicant shall recommend mitigation measures to minimize the adverse effects identified above, including provision of a landscape design.
6.0.0.0 The mitigation measures shall also include the preservation of vegetation, transplanting of trees of good amenity value, provision of screen planting, re-vegetation of disturbed lands, compensatory planting, re-provisioning of amenity areas and open spaces, sensitive landscape treatment on slope works, design of structure, provision of finishes to structure, colour scheme and texture of material used and any measures to mitigate the disturbance of the existing land use.
7.0.0.0 Annotated illustration materials such as colour perspective drawing, plans and section/elevation diagrams, annotated oblique aerial photographs, photographs taken at vantage points, and computer-generated photomontage shall be adopted to illustrate the landscape and visual impacts of the proposed Project. 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.
3.4.3 Impact on Cultural Heritage
3.4.3.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing the cultural heritage impacts as stated in section 2 of Annex 10 and sections 1 and 2 of Annex 19 of the TM and the Guidance Notes “Assessment of Impact on Sites of Cultural Heritage in Environmental Impact Assessment Studies” under the EIAO. The study area shall be within 300m from either side along the full length of the Project boundary.
3.4.3.2 The cultural heritage impact assessment shall include the following:
(i) The Applicant shall identify all cultural heritage sites that might be adversely affected by the Project. The inventory shall include known and unknown archaeological sites, pre-1950 buildings and structures, post-1950 buildings and structure of high architectural and historical significance, and historic landscape features (e.g. sites of historical events, sites providing a significant historical record, a setting for buildings/monuments of architectural/archaeological importance, historic field patterns, tracks, fish ponds and cultural elements (i.e. fung shui woodlands and clan graves).
(i) The Applicant shall assess the extent to which those cultural heritage sites might be directly and indirectly affected and recommend possible alternatives (such as modification of layout and design of the proposed project) and practicable monitoring and mitigation measures to be agreed with the Director to avoid or keep the adverse impacts on the cultural heritage sites to the minimum. Besides, a checklist including all the affected cultural heritage sites, impacts identified, recommended mitigation measures as well as the implementation agent and timing and duration of the implementation shall also be included in the EIA report. The cultural heritage sites to be covered shall include at least declared monuments along the railway corridor including the Western Market and the exterior of Main Building of the University of Hong Kong.
(ii) In case where the sources of information on cultural heritage prove to be inadequate or where the proposed project area has not been adequately studied before, field surveys and site investigations shall be conducted by the Applicant to assemble the necessary data. Regarding the assessment study on cultural heritage, it shall be conducted by qualified persons with proven records of archaeological and historical building research works in Hong Kong. The archaeological survey shall be carried out by a qualified archaeologist who shall obtain a License from the Antiquity Authority before undertaking the field evaluation under the Antiquities and Monuments Ordinance (Cap.53).
(iii) The information of all the identified archaeological sites, historic buildings and structures including their ownership, historical background, 1:1000 scale location plans, photographs and the like together with the nearby work areas shall be provided. A Master Layout Plan highlighting the location of both the proposed work areas and all identified sites of cultural heritage is also required. A full bibliography and the source of information consulted should be provided to assist the evaluation of the quality of the evidence.
3.4.4 Waste management, including Land Contamination Impact, if necessary
Waste Management Implication
3.4.4.1 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 respectively.
3.4.4.2 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 and chemical waste arising as a result of the construction and operation activities of the Project, based on the sequence and duration of these activities. The Applicant shall illustrate how practicable the design, general layout, construction methods and programme have been adopted to minimize the generation of public fill/inert Construction and Demolition Materials (C&DM) and maximise the use of public fill/inert C&DM for other construction works.
(ii) Proposal for Waste Management
(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation, on-site or off-site re-use and recycling shall be evaluated. Measures that can be taken in the planning and design stages e.g. by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered.
(b) After considering the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for the wastes shall be described in detail. The disposal options recommended for each type of wastes shall take into account the result of the assessment in item (c) below. The EIA report shall also state clearly the transportation methods, routings and the frequency of the trucks/vessels involved, any barging point or conveyor system to be used, the stockpiling areas and the disposal outlets for the wastes identified; and
(c) The impact caused by handling (including stockpiling, labelling, packaging & storage), collection, transportation and disposal of wastes shall be addressed in detail and appropriate mitigation measures shall be proposed. This assessment shall cover the following areas :
- potential hazard;
- air and odour emissions;
- noise;
- wastewater discharge;
- public transport; and
- landscape and visual impacts, if any.
(iii) Waste Management Plan
If the construction method(s) adopted will lead to the generation of significant amount of wastes material, the Applicant shall, based on the assessment in sub-sections 3.4.4.2 (i) to (ii) above, include in the EIA report a Waste Management Plan specifying, where appropriate, the following elements to ensure that the potential environmental impacts will be avoided or minimized :
(a) measures on how to maximize the waste(s) reduction;
(b) quantity and nature of the waste(s) to be generated;
(c) how, when and where waste(s) will be generated, stored, reused, recycled and disposed on-site/off-site; and
(d) their disposal mean(s), route(s) and final destination(s) inside the HKSAR boundary and outside the HKSAR boundary, which may have potential cumulative impacts to the environment of the HKSAR.
To cater for uncertainties in waste arising estimates, sites available for waste disposal, a scenarios approach may be adopted in preparing the Waste Management Plan.
Land Contamination Assessment
3.4.4.3 If any contaminated land use as stated in Section 3.1 of Annex 19 of in the TM is identified, the Applicant shall carry out the land contamination assessment as detailed from sub-sections (i) to (v) below:
(i) The Applicant shall follow the guidelines for evaluation and assessing potential land contamination issues as stated in Sections 3.1 and 3.2 of Annex 19 in the TM.
(ii) The Applicant shall provide a clear and detailed account of the present land use (including description of the activities, chemicals and hazardous substances handled with clear indication of their storage and location by reference to a site layout plan), the relevant past landuse history in relation to possible land contamination and the present of any contaminated materials requiring disposal, in particular those contaminated by dioxins (including accident records, change of landuse and the like).
(iii) During the execution of the EIA study, the Applicant shall submit a contamination assessment plan (CAP) to the Director for endorsement prior to conducting an actual contamination impact assessment of the land/site/materials requiring disposal. The CAP shall include proposals on sampling and analysis required and shall aim at determining the nature and extent of the contamination of the land/site/materials requiring disposal.
(iv) Based on the endorsed CAP, the Applicant shall conduct a contamination impact assessment and compile a contamination assessment report (CAR) to document the findings for approval by the Director. If land contamination is confirmed, a remediation action plan (RAP) shall be prepared to formulate necessary remedial measures and disposal methods for the contaminated materials.
(v) The field investigation and sampling work should be conducted in a safe and proper manner in accordance with the endorsed CAP and the RAP shall provide necessary measures for ensuring that the contaminated soil and materials will be handled and disposed of in a safe and environmentally acceptable manner.
3.4.5 Water Quality Impact
3.4.5.1 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.
3.4.5.2 The assessment area for the water quality impact assessment shall include the Victoria Harbour and Western Buffer Water Control Zones stipulated under the Water Pollution Control Ordinance (WPCO, Cap. 358); and all areas within 500 m from the Project boundary. This assessment area could be extended to include other areas such as existing and new drainage system; and the associated water system(s) if they are found also being impacted by the construction or operation of the Project during the course of the EIA study.
3.4.5.3 The Applicant shall identify and analyse all physical, chemical and biological disruptions of marine water, fresh water or ground water system(s), drainage system, catchment area(s), stormwater channel(s) and coastal water(s) arising from the construction and operation of the Project.
3.4.5.4 The Applicant shall predict, quantify and assess any water quality impacts arising from the Project on the water system(s) and sensitive receivers by appropriate techniques proposed by the Applicant and approved by the Director. Potential impacts shall include at least construction and operation of the possible barging point, spent cooling water discharge; sewage, wastewater and surface runoff from construction activities.
3.4.5.5 The Applicant shall address (1) the construction phase impacts on water quality at the site (2) operational phase impacts on water quality. Essentially, the assessment shall address the following:
(i) Collection and review of background information on the existing and planned water systems and their respective catchments and sensitive receivers which might be affected by the Project during construction and operation.
(ii) Characterization of water and sediment quality of the water systems and respective catchments and sensitive receivers which might be affected by the Project during construction and operation based on existing information or appropriate site survey and tests as appropriate.
(iii) Identification and analysis of all existing and planned activities and beneficial uses related to the water system(s) and identification of all water sensitive receivers. The Applicant shall refer to, inter alia, those developments and uses earmarked on the relevant outline zoning plans, outline development plans and layout plans.
(iv) Identification of pertinent water and sediment quality objectives and establishment of other appropriate water and sediment quality criteria or standards for the water system(s) and all the sensitive receivers in (i) & (ii) above.
(v) Review of specific design, construction methods and configurations of the tunnel, depot, station and ancillary facilities of the railway systems; and operation of the Project. Identification of any alteration of water course, drainage system; change of hydrodynamic regime or change of catchment types of areas.
(vi) Identification, analysis and quantification of all existing, likely future water and sediment pollution sources including at least point discharges and non-point sources to surface water runoff, additional sewage from workforce and spent cooling water discharge.
(vii) Establishment and provision of a pollution load inventory on the quantities and characteristics of all existing and likely future water pollution sources identified in (vi) above. Field investigation and laboratory tests shall be conducted as appropriate to fill in any major information gaps.
Impact Prediction
(viii) If seawater will be used in cooling systems and spent cooling effluent shall be discharged into marine water, prediction and quantification by mathematical modeling shall be required to assess the impacts on the water system and sensitive receivers, in respect of thermal and chemical discharge. The water quality modeling specifications in Appendix B to this Study Brief. If the spent cooling water discharge will not be significant in terms of discharge rate and impact on sensitive waters or sensitive receiver, the Applicant may propose alternative assessment methodology for approval by the Director.
(ix) Assessment of the cumulative impacts due to other related concurrent and planned projects, activities or pollution sources within a boundary around the study area to be approved by the Director, that may have a bearing on the aquatic environment.
(x) Assessment and evaluation of any potential water quality impacts on the identified water system(s), respective catchments and sensitive receivers due to sewage arising from the Project. Any effluent generated will require appropriate collection, treatment and disposal to within standards and objectives and criteria established in (iv) above.
(xi) Assessment and evaluation of any potential stormwater and construction runoff impacts on the water system(s), respective catchments and sensitive receivers during construction and operation stages as to reduce the water and sediment quality impacts to within standards, objectives and criteria established in (iv) above. Best management practices shall be recommended to reduce any potential impacts arising from stormwater runoff during both construction and operation phases.
Mitigation
(xii) Proposals for effective and practicable infrastructure upgrading or provision, water pollution prevention and mitigation measures to be implemented during the construction and operation stages to reduce the water quality impacts to within acceptable levels of standards. Requirements to be incorporated in the Project contract document shall also be proposed.
(xiii) Evaluation and quantification of residual impacts on the water system(s) and the sensitive receivers with regard to the appropriate water quality criteria, standards or guidelines.
3.4.6 Hazard to Life
If there is overnight storage of explosives on construction site and the storage location is in close proximity to populated areas and/or Potentially Hazardous Installation site(s), the Applicant shall follow the criteria and guidelines for evaluating hazard to life as stated in Annexes 4 and 22 of the TM in conducting hazard assessment for construction stage and include the following in the assessment:
(i) Identification of all credible and applicable hazardous scenarios within the boundaries of the construction site during transport, storage and use of explosives for blasting operations;
(ii) Execution of a Quantitative Risk Assessment to determine risks to the surrounding population in both individual and societal terms;
(iii) Comparison of individual and societal risks with the Criteria for Evaluating Hazard to Life stipulated in Annex 4 of the TM, to determine the acceptability of the assessed risk;
(iv) Identification and assessment of practicable and cost effective risk mitigation measures to demonstrate the compliance with the Risk Guidelines; and
(v) The methodology of hazard assessment shall be agreed with the Director taking into account relevant previous studies.
3.4.7 Air Quality Impact (Construction Stage)
3.4.7.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in Section 1 of Annex 4 and Annex 12 of the TM, respectively.
3.4.7.2 The study area for air quality impact assessment shall generally be defined by a distance of 500 metres from the boundary of the project site, yet it shall be extended to include major emission sources that may have a bearing on the environmental acceptability of the Project. The assessment shall include at least the existing, planned and committed sensitive receivers within the study area. Such assessment shall be based on the best available information at the time of the assessment.
3.4.7.3 The air quality impact assessment shall include the following:
(i) Background and Analysis of Activities
(a) Provide background information relating to air quality issues relevant to the Project, e.g. description of the types of activities of the Project that may affect air quality during the construction stages.
(b) Give an account, where appropriate, of the consideration/measures that had been taken into consideration in the planning of the Project to abate the air pollution impact. That is, the Applicant shall consider alternative construction methods/phasing programmes to minimize the constructional air quality impact.
(c) Present background air quality levels in the assessment area for the purpose of evaluating cumulative constructional air quality impacts.
(ii) Identification of Air Sensitive Receivers (ASRs) and Examination of Emission/ Dispersion Characteristics
(a) Identify and describe existing and planned/committed ASRs that would likely be affected by the Project, including those identified on the relevant Outline Zoning Plans, Development Permission Area Plans, Outline Development Plans and Layout Plans and other relevant published land use plans. The Applicant shall select the assessment points of the identified ASRs that represent the worst impact point of these ASRs. A map clearly showing the location and description such as name of buildings, uses and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources shall also be given.
(b) Provide an exhaustive list of air pollution emission sources, including any nearby emission sources which are likely to have impact related to the Project based on the analysis of the constructional activities in Sub-section 3.4.7.3(i)(a) above. Examples of construction stage emission sources include stock piling, blasting, construction plant, concrete batching plant and vehicular movements on unpaved haul roads on site. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction materials handled and traffic volume on a haul road) shall be obtained from the relevant government departments/authorities and documented.
(iii) Construction Phase Air Quality Impact
(a) The Applicant shall follow the requirements stipulated under the Air Pollution Control (Construction Dust) Regulation to ensure that construction dust impacts are controlled within the relevant standards as stipulated in Section 1 of Annex 4 of the TM. A monitoring and audit programme for the construction phase shall be devised to verify the effectiveness of the control measures proposed so as to ensure proper construction dust control.
(b) If the Project will give rise to significant construction dust impacts likely to exceed recommended limits in the TM at the ASRs despite the incorporation of the dust control measures proposed in accordance with Section 3.4.7.3(iii)(a) above, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The applicant shall follow the methodology set out in Section 3.4.7.3(iv) below when carrying out the quantitative assessment.
(c) The assessment shall cover the cumulative dust impacts due to the construction works of the Project and any other relevant concurrent projects identified during the course of assessment.
(iv) Quantitative Assessment Methodology
(a) The Applicant shall apply the general principles enunciated in the modeling guidelines in Appendices C-1 to C-3 while making allowance for the specific characteristics of the Project. This specific methodology must be documented in such level of details (preferably with tables and diagrams) to allow the readers of the EIA report to grasp how the model has been set up to simulate the situation under study without referring to the model input files. Detailed calculations of the air pollutants emission rates for input to the modeling shall be presented in the EIA report. The Applicant must ensure consistency between the text description and the model files. In case of doubt, prior agreement between the Applicant and the Director on the specific modeling details should be sought.
(b) The Applicant shall identify the key/representative air pollutant parameters (types of pollutants and the averaging time concentrations) to be evaluated and provide explanation for choosing these parameters for the assessment of the impact of the Project.
(c) The Applicant shall calculate the overall cumulative air quality impact at the identified ASRs identified under Section 3.4.7.3(ii) above and compare these results against the criteria set out in Section 1 of Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, to be evaluated against the relevant air quality standards and on any effect they may have on the land use implication. Plans of a suitable scale should be used to present pollution contour to allow buffer distance requirements to be determined properly.
(v) Mitigation Measures for Non-compliance
The Applicant shall propose remedies and mitigating measures where the predicted air quality impact exceeds the criteria set in Section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments/authorities and documented. The Applicant shall demonstrate quantitatively that the residual impacts after incorporation of the proposed mitigating measures will comply with the criteria stipulated in Section 1 of Annex 4 in the TM.
(vi) Submission of Model Files
All input and output file(s) of the model run(s) shall be submitted to the Director in electronic format.
3.4.8 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, compensation areas included and the environmental benefits of environmental protection measures recommended.
3.4.9 Environmental Monitoring and Audit (EM&A) Requirements
3.4.9.1 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities during construction and operation phases of the Project and, if affirmative, to define the scope of EM&A requirements for the Project. The Applicant shall also consider and propose real-time reporting of monitoring data for the Project through a dedicated internet website as appropriate, and the setting up of a community liaison office to enhance communication with the public on the environmental impacts and mitigation measures for the Project.
3.4.9.2 Subject to confirmation of EIA findings, the Applicant shall comply with requirements as stipulated in Annex 21 of the TM.
3.4.9.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix D to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
4. DURATION OF VALIDITY
The Applicant shall notify the Director of the commencement of the EIA study. If the EIA study does not commence within 36 months after the date of issue of this EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief before commencement of the EIA study.
5. REPORT REQUIREMENTS
5.1 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.
5.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary:
(i) 50 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 5.2 (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.
5.3 The Applicant shall, upon request, make additional copies of above documents available to the public, subject to payment by the interested parties of full costs of printing.
5.4 In addition, to facilitate 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 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 hyperlink to each section and sub-section of the EIA report and the executive summary 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.
5.5 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.
5.6 When the EIA report and the executive summary are made available for public inspection under s.7(1) of the EIAO, 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.
5.7 To promote environmentally friendly and efficient dissemination of information, both hardcopies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.
6. OTHER PROCEDURAL REQUIREMENTS
6.1 If there is any change in the name of Applicant for this EIA study brief during the course of the EIA study, the Applicant must notify the Director immediately.
3.4 If there is any key change in the scope of the Project mentioned in Sections 1.2 of this EIA study brief and in the Project Profile, 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.
--- END OF EIA STUDY BRIEF ---
September 2005
Environmental Assessment Division,
Environmental Protection Department