Environmental
Permit No. EP-226/2005/A
環境許可證編號 EP-226/2005/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
SECTIONS 10 & 13
環境影響評估條例
(第499章)
第10及13條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
建造及營辦指定工程項目的環境許可證
PART A (MAIN PERMIT)
Pursuant
to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the
Director of Environmental Protection (the Director) granted the Environmental Permit
(No. EP-226/2005) to the WASTE
MANAGEMENT POLICY DIVISION, ENVIRONMENTAL PROTECTION DEPARTMENT (hereinafter referred to as the
“Permit Holder”) on 9 September 2005. Pursuant to Section 13 of the EIAO,
the Director amends the Environmental Permit (No. EP-226/2005) based on the
Application No. VEP-221/2006. The amendments described below
are incorporated into this Environmental Permit (No. EP-226/2005/A). This
Environmental Permit as amended is for the construction and operation of the
designated project described in Part B of this Permit subject to the
conditions specified in and attached to Part C of this Permit.
根據《環境影響評估條例》(環評條例) 第10條的規定，環境保護署署長(署長)於2005年9月9日將環境許可證 (編號EP-226/2005) 批予環境保護署廢物管理政策科(下稱 “許可證持有人”)。根據環評條例第13條的規定，署長因應更改環境許可證的申請編號VEP-221/2006修訂環境許可證(編號EP-226/2005)。以下修訂已包含在本環境許可證內(編號EP-226/2005/A)。本經修訂的環境許可證作為建造及營辦本許可證B部所說明的指定工程項目，但須遵守本許可證C部所列明及附載的條件。
The issue of this amended
Environmental Permit is based on the documents, approvals or permissions
described below:
本經修訂的環境許可證是依據下列文件、批准或許可而簽發﹕
|
Application No. 申請書編號 |
VEP-221/2006 |
|
Documents in the Register: 登記冊上的文件： |
(1)
Development of an EcoPark in Tuen Mun Area 38: Environmental
Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A)
Manual and Executive Summary (Register
No.: AEIAR-086/2005) [Hereinafter referred to as the “EIA Report”] (1)
於屯門38區發展環保園：環境影響評估報告、環境監察及審核手冊及行政摘要 (登記冊編號：AEIAR-086/2005)
[下稱 “環評報告”] |
|
Documents in the Register: 登記冊上的文件： |
(2)
The Director’s letter of approval
of the EIA Report dated 29 June 2005 (Reference: (31) in Ax(14) to
EP2/N4/G/34 III) (2) 署長於2005年6月29日發出批准環評報告的信件(檔案編號：(31) in Ax(14) to EP2/N4/G/34 III) (3)
Application for Environmental
Permit submitted by the Permit Holder on 11 August 2005 (Application No.
AEP-226/2005) (3)
許可證持有人於2005年8月11日提交的環境許可證申請 (申請書編號：AEP-226/2005) (4)
Environmental Permit (Permit No.
EP-226/2005) issued on 9 September 2005 (4)
於2005年9月9日發出的環境許可證(許可證編號：EP-226/2005) (5)
Application
for Variation of an Environmental Permit including all attachments submitted
by the Permit Holder on 1 August 2006 (Application No. VEP-221/2006) (5)
許可證持有人於2006年8月1日提交的更改環境許可證申請包括所有附件（申請書編號：VEP-221/2006） |
|
Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
|
VEP-221/2006 |
1 August 2006 2006年8月1日 |
-
Vary
Condition 3.7 in Part C of the Environmental Permit No. EP-226/2005 -
更改環境許可證編號 EP-226/2005 C部的第3.7項條件 -
Vary Figure 3 of the Environmental Permit No. EP-226/2005 -
更改環境許可證編號 EP-226/2005
的圖3 |
28 August 2006 2006年8月28日 |
28
August 2006
2006年8月28日
|
Date 日期 |
|
(WONG Hon-meng) Principal Environmental Protection
Officer for Director of Environmental
Protection 環境保護署署長 (首席環境保護主任黃漢明代行) |
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
Hereunder is the description of the designated
project mentioned in Part A of this Environmental Permit (hereinafter referred to as the “Permit”):
下列為本環境許可證(下稱“許可證”)A部所提及的指定工程項目的說明:
|
Title
of Designated Project 指定工程項目的名稱 |
Development of an EcoPark in Tuen Mun Area 38 [This designated project is hereinafter referred
to as “the Project”] 於屯門38區發展環保園 [本指定工程項目下稱
“工程項目”] |
|
Nature of Designated Project |
To construct and operate waste disposal
facilities or carry out waste disposal activities for various wastes
including chemical and industrial wastes. 為不同的廢物包括化學廢物和工業廢物而建造及營辦廢物處置設施或進行廢物處置活動。 |
|
Location
of Designated Project 指定工程項目的地點 |
Area 38 of Tuen Mun. The
location of the Project (Phase I and Phase II) is shown in Figure 1 attached
to this Permit. 屯門第38區。工程項目(第一期及第二期)的位置載於本許可證夾附的圖1。 |
|
Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
Construction
and operation of an EcoPark in Tuen Mun Area 38 for recycling of materials which
involves waste disposal facilities or waste disposal activities for various
wastes including chemical and industrial wastes. 於屯門38區建造及營辦環保園用作物料回收再造，其中會為不同的廢物包括化學廢物和工業廢物設置廢物處置設施或進行廢物處置活動。 |
PART C (PERMIT CONDITIONS)
1. General
Conditions
1.1 The Permit Holder and any
person working on the Project shall comply with all conditions set out in this
Permit. Any non-compliance by any person may constitute a contravention of the
Environmental Impact Assessment Ordinance (EIAO) (Cap. 499) and may become the
subject of appropriate action being taken under the EIAO.
1.2 The Permit Holder shall ensure
full compliance with all legislation from time to time in force including,
without limitation to, the Air Pollution Control Ordinance (Cap. 311), Waste
Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358),
Noise Control Ordinance (Cap. 400) and Dumping at Sea Ordinance (Cap. 466).
This Permit does not of itself constitute any ground of defence against any
proceedings instituted under any legislation or imply any approval under any
legislation.
1.3 The Permit Holder shall make
copies of this Permit together with all documents referred to in this Permit or
the documents referred to in Part A of the Permit readily available at
all times for inspection by the Director or his authorised officers at all
sites/offices covered by this Permit. Any reference to the Permit shall include
all documents referred to in the Permit and also the relevant documents in the
Register.
1.4 The Permit Holder shall give a
copy of this Permit to the person(s) in charge of the site(s) and ensure that
such person(s) fully understands all conditions and all requirements
incorporated by the Permit. The site(s) refers to site(s) of construction and operation
of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display
conspicuously a copy of this Permit on the Project site(s) at all vehicular
site entrances/exits or at a convenient location for public’s information at
all times. The Permit Holder shall ensure that the most updated information
about the Permit, including any amended Permit, is displayed at such locations.
If the Permit Holder surrenders a part or the whole of the Permit, the notice
he sends to the Director shall also be displayed at the same locations as the
original Permit. The suspended, varied or cancelled Permit shall be
removed from display at the Project site(s).
1.6 The Permit Holder shall
construct and operate the Project in accordance with the project descriptions
in Part B of this Permit.
1.7 The
Permit Holder shall ensure that the Project is designed, constructed and
operated in accordance with the information and all recommendations described
in the EIA Report (Register No.: AEIAR-086/2005), the application documents
including all attachments (Application No. AEP-226/2005), other relevant
documents in the Register; and the information or mitigation measures described
in this Permit, and mitigation measures to be recommended in submissions that
shall be deposited with or approved by the Director as a result of permit
conditions contained in this Permit, and mitigation measures to be recommended
under on going surveillance and monitoring activities during all stages of the
Project. Where recommendations referred to in the documents of the Register are
not expressly referred to in this Permit, such recommendations are nevertheless
to be implemented unless expressly excluded or impliedly amended in this
Permit.
1.8 All submissions, as required
under this Permit, shall be rectified and resubmitted in accordance with the
comments, if any made by the Director within one month of the receipt of the
Director’s comments or otherwise as specified by the Director.
1.9 All submissions approved by the
Director, all submissions deposited without comments by the Director, or all
submissions rectified in accordance with comments by the Director under this
Permit shall be construed as part of the permit conditions described in Part
C of this Permit. Any variation of the submissions shall be approved by the
Director in writing or as prescribed in the relevant permit conditions. Any
non-compliance with the submissions may constitute a contravention of the Environmental
Impact Assessment Ordinance (Cap. 499). All submissions
or any variation of the submissions shall be certified by the Environmental
Team (ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to in Conditions 2.1 and 2.2 below, before submitting to the Director
under the Permit.
1.10 The Permit Holder shall release all
finalized submissions, as required under this Permit, to the public by
depositing copies in the EIAO Register Office, or in any other places, or any
internet websites as specified by the Director, or by any other means as
specified by the Director for public inspection. For this purpose, the Permit
Holder shall provide sufficient copies of the submissions.
1.11 All submissions to the Director required
under this Permit shall be delivered either in person or by registered mail to
the EIAO Register Office (currently at 27/F, Southorn Centre,
1.12 The Permit Holder shall notify the Director
in writing the commencement date of construction of the Project prior to the
commencement of construction of the Project. The Permit Holder shall notify the
Director in writing immediately if there is any change of the commencement date
of the construction.
1.13 For the purpose of this Permit, “commencement of
construction” does not include works related to site clearance and preparation,
or other works as agreed by the Director.
2. Submissions
or Measures before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A)
Personnel
2.1 An Environmental Team (ET) shall be established by the Permit Holder no
later than one month before the commencement of construction of the Project.
The ET shall not be in any way an associated body of the Contractor or the
Independent Environmental Checker (IEC) for the Project. The ET shall be headed
by an ET Leader. The ET Leader shall be a person who has at least 7 years of
experience in environmental monitoring and auditing (EM&A) or environmental
management. The ET and the ET Leader shall be responsible for the
implementation of the EM&A programme in accordance with the EM&A
requirements as contained in the EM&A Manual of the Project. The ET Leader
shall keep a contemporaneous log-book of each and every instance or
circumstance or change of circumstances, which may affect the compliance with
the recommendations of the EIA Report (Register No.: AEIAR-086/2005) and this
Permit. The ET Leader shall notify the IEC within one working day of the
occurrence of any such instance or circumstance or change of circumstances. The
ET Leader’s log-book shall be kept readily available for inspection by all
persons assisting in supervision of the implementation of the recommendations
of the EIA Report (Register No.: AEIAR-086/2005) and this Permit or by the
Director or his authorized officers. Failure to maintain records in the
log-book, failure to discharge the duties of the ET Leader as defined in the
EM&A Manual or failure to comply with this Condition would entitle the
Director to require the Permit Holder by notice in writing to replace the ET
Leader. Failure by the Permit Holder to make replacement, or further failure to
keep contemporaneous records in the log-book despite the employment of a new ET Leader may
render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed by the
Permit Holder no later than one month before commencement of construction of
the Project. The IEC shall not be in any way an associated body of the
Contractor or the ET for the Project. The IEC shall be a person who has at
least 7 years of experience in EM&A or environmental management. The IEC
shall be responsible for duties defined in the EM&A Manual and shall audit
the overall EM&A performance, including the implementation of all environmental
mitigation measures, submissions required in the EM&A Manual, and any other
submissions required under this Permit. In addition, the IEC shall be
responsible for verifying the environmental acceptability of permanent and
temporary works, relevant design plans and submissions under this Permit. The
IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The
IEC shall notify the Director by fax, within one working day of receipt of
notification from the ET Leader of each and every occurrence, change of
circumstances or non-compliance with the EIA Report (Register No.: AEIAR-086/2005)
and this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project. In the case where the IEC fails to so
notify the Director of the same, fails to discharge the duties of the IEC as
defined in the EM&A Manual or fails to comply with this Condition, the
Director may require the Permit Holder by notice in writing to replace the IEC.
Failure to replace the IEC as directed or further failure to so notify the
Director despite employment of a new IEC may render the Permit liable to
suspension, cancellation or variation. Notification by the Permit Holder is the
same as notification by the IEC for the purpose of this Condition.
2.3 The Permit Holder shall,
at least one week before the commencement of construction of the Project, inform the Director in writing the management organization of
the main construction companies and/or any form of joint ventures appointed for
the Project. The information, to be submitted, shall include at least an
organization chart, names of responsible persons and their contact details.
3. Measures
during Construction of the Project
Measures
to Mitigate Water Quality Impact
3.1 To
minimize the site runoff, catchpits and perimeter channels shall be constructed
in advance of site formation works and earthworks.
3.2 To
minimize the site runoff, open stockpiles of construction materials on site
shall be covered with tarpaulin or similar fabric during rainstorms.
3.3 To
mitigate the water quality impact, portable chemical toilets shall be provided
during construction of the Project.
3.4 To
mitigate the water quality impact, discharges of surface runoff into foul
sewers shall not be allowed.
3.5