Environmental Permit No.EP-034/1999

環境許可證編號EP-034/1999

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10

環 境 影 響 評 估 條 例
(第 499章)
第 10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)
A部 (許 可 證 主 要 部 分 )

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance, the Director of Environmental Protection (the Director)grants this Environmental Permit to KOWLOON CANTON RAILWAY CORPORATION (the " Permit Holder")to construct and operate the designated project described in Part B subject to the conditions described in or attached to Part C.The issue of this Environmental Permit is based on the documents, approvals or permissions described below:

根 據 環 境 影 響 評 估 條 例 第 10條 的 規 定， 環 境 保 護 署 署 長 （署 長） 將 本 環 境 許 可 證 批 予 九 廣 鐵 路 公 司 (許 可 證 持 有 人) 以 建 造 及 營 辦 B部 所 說 明 的 指 定 工 程 項 目， 但 須 遵 守 C部 所 說 明 或 附 載 的 條 件。 本 環 境 許 可 證 的 發 出， 乃 以 下 表 所 列 的 文 件、 批 准 或 許 可 作 為 根 據： -

PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指 定 工 程 項 目 的 說 明)

Hereunder is the description of the designated project mentioned in Part A of this Environmental Permit: -

下 列 為 本 環 境 許 可 證 A 部 所 提 述 的 指 定 工 程 項 目 的 說 明:

Title of Designated Project 指 定 工 程 項 目 的 名 稱	Kowloon -Canton Railway Corporation -Essential Public Infrastructure Works for Sham Shui Po Section in association of West Rail Phase 1 Construction of Road P1 Southbound; Widening of Road P1 Northbound;and Improvement Works and Road Reconstruction work at Sham Mong Road 九 廣 鐵 路 公 司 - 與 西 鐵 第 一 期 相 連 的 深 水 段 的 主 要 公 共 基 本 建 設 工 程 建 造 P1路 南 行 線； 擴 闊 P1路 北 行 線； 及 深 旺 道 改 善 工 程 及 道 路 重 建 工 程 [ The project is hereinafter referred to as " the Project" ] [ 上 述 工 程 項 目 下 稱 「工 程 項 目」 ]
Nature of Designated Project 指 定 工 程 項 目 的 性 質	Roadworks 道 路 工 程
Location of Designated Project 指 定 工 程 項 目 的 地 點	The locations of the project are: Between Road D3 and Hoi Fai Road (Road D7)in Sham Shui Po; Between Tonkin Street West and Yen Chow Street West in Sham Shui Po; and Between Tonkin Street West and Junction of Yen Chow Street in Sham Shui Po 工 程 項 目 地 點 為： 深 水 介 乎 D3路 及 海 輝 道 (D7路) 之 間； 深 水 介 乎 東 京 街 西 及 欽 州 街 西 之 間； 及 深 水 介 乎 東 京 街 西 及 欽 州 街 交 界 之 間 (The location of the project is shown in Figure 1 -3 of this Environmental Permit.) (工 程 項 目 的 地 點 載 於 環 境 許 可 證 的 圖 1- 3。)
Scale and Scope of Designated Project 指 定 工 程 項 目 的 規 模 和 範 圍	The project involves the following works: Construction of a 3km length three- lane carrigeway (Road P1 Southbound); Widening of a 400m carriageway from 3 lane to 4 lane (Road P1 Northbound);and Road reconstruction of junction of Yen Chow Street and Sham Mong Road, and provision of additional lay- bys at Sham Mong Road 工 程 項 目 包 括 下 列 工 程： 建 造 3米 長 的 三 線 行 車 道 (P1路 南 行 線)； 將 400米 長 的 行 車 道 由 三 線 擴 闊 至 四 線 (P1路 北 行 線)； 及 重 建 欽 州 街 及 深 旺 道 交 界 處 路 面， 並 沿 深 旺 道 設 置 額 外 的 路 旁 停 車 處

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder shall ensure full compliance with all conditions of this Environmental Permit.Any non- compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499)and shall be definite ground for enforcement action or permit cancellation where applicable.

1.2 This Permit shall not remove the responsibility of the Permit Holder to comply with any legislation currently in force such as the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466), the Waste Disposal Ordinance (Cap.354)and others.

1.3 The Permit Holder shall make copies of this Permit available at all times for inspection by the Director at all sites covered by this Permit.

1.4 The Permit Holder shall give a copy of this Permit to the person(s)in charge of the site(s).

1.5 The Permit Holder shall display a copy of this Permit on the construction site(s)at all vehicular site entrances/ exits or at a convenient location for public information at all times.The Permit Holder shall ensure that the most updated information about the Environmental 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.

1.6 A copy of the EIA Report shall be kept in the Permit Holder"s site representative"s office and another copy shall be kept in the Contractor"s office on site for reference.

1.7 The Permit Holder shall construct and operate the Project in accordance with the project descriptions in Part B of this Permit.

1.8 The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and recommendations contained in the EIA report (Register No.EIA- 125/ BC)and the application (No.AEP 034-1999).

1.9 All deposited submissions as required under this Permit, shall be rectified in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director"s comments or otherwise specified by the Director.

1.10 Amendments to approved submissions or deposited required under this Permit shall be verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report.Amendments to approved submissions shall be approved by the Director and amendments to deposited submissions shall be deposited with the Director.

1.11 The Permit Holder shall release to the public all finalised submissions, by depositing copies in the Environmental Impact Assessment Ordinance Register Office or any places or by any other means as specified by the Director for public inspection.For this purpose, the Permit Holder shall provide sufficient copies of submissions.

1.12 The Permit Holder shall notify the Director one week prior to the commencement and completion of the project works.

2. Submissions or Measures before Commencement of Construction

2.1 An Environmental Team (ET)shall be established before the commencement of construction of relevant works of the Project and shall not be in any way an associated body of the Contractor.The ET shall be headed by an Environmental Manager who has at least 7 years experience in environmental monitoring and auditing (EM& A)or environmental management.The Environmental Manager 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.

2.2 The Permit Holder shall employ an Independent Environmental Checker (IEC)before the commencement of construction of the Project.The IEC shall have at least 7 years experience in EM& A or environmental management.The IEC shall audit the overall EM& A programme including the implementation of all environmental mitigation measures, submissions relating to EM& A, and any other submission required under this Permit.

2.3 The Permit Holder shall deposit with the Director 3 sets of 1 to 1000 scale layout drawings and an explanatory statement showing the works boundaries, road alignments, the locations of environmental mitigation measures recommended in the EIA report, any other facilities assessed in the EIA report before the commencement of construction of the Project.The layout drawings and the explanatory statement so provided shall be certified by the Environmental Manager and verified by the Independent Environmental Checker, as conforming to the information and recommendations contained in the EIA report, before the commencement of construction of the Project.The Project shall be constructed in accordance with the information and recommendations contained in the EIA report and the application (No.AEP 034-1999).

2.4 The Permit Holder shall deposit with the Director 3 sets 1 to 1000 scale design drawings showing the locations and details of the noise barriers before the commencement of construction of relevant parts of the Project.The design drawings shall show (including a note in every drawing)that noise barriers be continuous structures throughout without any gap, hole, or opening, including the interface with the edge parapet or the ground itself.The submission shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the application (No.AEP 034-1999).

2.5 The Permit Holder shall deposit an Implementation Schedule for the Project with the Director before the commencement of construction of the Project.Before submission to the Director, the Implementation Schedule shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the application (No.AEP 034-1999).

2.6 The Permit Holder shall submit a set of at source best practical noise mitigation measures for the length of road P1 to the Director for approval before the commencement of construction of relevant sections of road P1.The submission shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the application (No.AEP 034-1999).

3. Submissions or Measures during the Construction Period

3.1 The Permit Holder shall fully implement all relevant design or construction measures for the Project, described in the approved or deposited submissions mentioned in section 2 above.Any changes to these design and construction measures shall be justified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the application (No.AEP 034-1999). Amendments to the approved submissions shall be approved by the Director and amendments to deposited submissions shall be deposited with the Director as required under condition 1. 10 above.

3.2 The noise barriers shall be constructed and implemented in accordance with the design drawings as specified by Condition 2. 4 above.The construction of the noise barriers shall be completed before the Project comes into operation.

3.3 Low noise road surfacing shall be provided on Road P1 Southbound during construction and before the operation of the Project.

3.4 The Permit Holder shall deposit with the Director details of all constructional plant including methods of use and construction works together with proposed measures for limiting the noise therefrom which shall include, but not be limited to the relocation of noise- emitting plant, the use of silencers, mufflers, acoustic sheds /shields, or acoustic sheds /screens and shall be based upon the best reasonable practice.Information on the types and models of silenced equipment and acoustic treatment for unsilenced equipment shall be included.Before submission to the Director, the details shall be certified by the Environmental Manager and verified by the Independent Environmental Checker as conforming to the information and recommendations contained in the EIA report and the application (No.AEP 034-1999).

3.5 The Permit Holder shall implement measures described in Appendix A to mitigate the water quality impacts during construction.

3.6 Three months before the commencement of construction of residential development at Site 7, the Permit Holder shall submit to the Director an environmental review for approval.The environmental review shall reconfirm the environmental impacts of the Project with respect to the future sensitive receivers at Site 7, taking into account latest design of the Project.

3.7 The Permit Holder shall deposit, at least six months before the operation of the Project, to the Director a monitoring plan for assessing the accuracy of traffic noise predictions by comparing the project noise impacts predications with the actual impacts.The monitoring plan shall contain monitoring locations, monitoring schedules, methodology of noise monitoring including noise measurement procedures, traffic counts and speed checks, and methodology of comparison with the predicted levels.The recommended monitoring locations are detailed in the Environmental Monitoring and Audit Manual of the EIA Report and additional monitoring locations may be required by the Director.Before depositing with the Director, the plan shall be certified by the Environmental Manager and verified by the Independent Environmental Checker.

4. Environmental Monitoring and Audit during Construction

4.1 Any changes to the Environmental Monitoring and Audit arrangement as required under the EM& A Manual submitted shall be justified, and reviewed by the Environmental Checker in the Environmental Monitoring and Audit Reports and submitted for the approval of the Director.

4.2 The Environmental Monitoring and Audit requirements shall be implemented as set out in the EM& A Manual and the monthly Environmental Monitoring and Audit Reports unless the changes are justified in the monthly Environmental Monitoring and Audit Reports submission, verified by the Independent Environmental Checker and approved by the Director.

4.3 Samples and measurements for air quality and noise monitoring shall be taken during the construction of the project in accordance with the requirements of the EM& A Manual by:

1. conducting baseline air quality and noise monitoring at the specified locations and frequencies;
   
2. conducting air quality and noise monitoring at the specified locations and frequencies;
   
3. in cases where specified criteria in the EM& A Manual are exceeded, carrying out remedial actions in accordance with the action/ event plan, as set out in the EM& A Manual;and
   
4. logging and keeping records of the details of a)to c)above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the EM& A Reports and Independent Environmental Checker"s Report, and to make available the information for inspection on site.

4.4 Four copies of the Baseline Monitoring Report certified by the Environmental Manager, and verified by the Independent Environmental Checker shall be submitted to the Director before the commencement of any major construction works that would affect the monitoring results.

4.5 Four copies of monthly Environmental Monitoring and Audit Reports certified by the Environmental Manager, and verified by the Independent Environmental Checker shall be submitted to the Director within 10 working days from the end of the reporting month.

4.6 The submitted reports as required in this part of the Permit shall be rectified in accordance with the comments made by the Director within one month of receipt of the Director"s comments, or otherwise specified by the Director.

4.7 The actions described in the action/ event plans of the EM& A Manual shall be properly carried out, in accordance with the time frame set out in the action/ event plans, or as agreed by the Director.

5. Submissions or Measures During the Operation of Project

5.1 All design or operational measure described in the submissions approved, or deposited under Section 2 and Section 3 above, shall be fully implemented.

5.2 The Permit Holder shall deposit a monitoring report to the Director.At least three sets of measurements at each monitoring locations shall be conducted and the monitoring shall be done within the first year of operation of the Project.Monitoring shall be conducted in accordance with the deposited monitoring plan under condition 3. 7 unless with prior justification.Monitoring details and results including the comparison between the measured noise levels and the predicted levels shall be recorded in the report to be deposited with the Director within one month of the completion of the monitoring.Before depositing with the Director, the report shall be certified by the Environmental Manager and verified by the Independent Environmental Checker.

Notes:

1. This Environmental Permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project)and PART C (Permit Conditions).

2. The Permit Holder may apply under Section 13 of the Ordinance to the Director for a variation of the conditions of this Environmental Permit.The Permit Holder shall replace the original permit displayed on the construction site, by the amended Permit.

3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility for the designated project, apply under Section 12 of the Ordinance to the Director for a further Environmental Permit.

4. Under Section 14 of the Ordinance, the Director with the consent of the Secretary for Planning, Environment and Lands, may suspend, vary or cancel this Environmental Permit.The Permit shall be removed from the display on the construction site.

5. If this Permit is cancelled or surrendered during the construction or operation, an Environmental Permit must be obtained under the Ordinance before the construction or operation of the project could continue.It is an offence under Section 26(1)of the Ordinance to construct or operate a designated project without an Environmental Permit.

6. All submissions as required under this Permit shall be deposited in the Environmental Impact Assessment Ordinance Register office on the 27/ F of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong.

Environmental Permit No. EP-034/1999

Appendix A

Measures to Mitigate Water Quality Impact during Construction

To mitigate the water quality during construction, the following shall be implemented:

1. The Contractor shall not discharge directly or indirectly (by runoff)or cause or permit or suffer to be discharged into any public sewer, storm- water drain channel, stream- course or sea, any effluent of foul or contaminated water or cooling or hot water without the prior consent of the Director.

2. The Contractor shall provide, operate and maintain suitable works for the treatment and disposal of such effluent or foul or contaminated or cooling or hot water.

3. Foul water effluent from any office, site canteen or toilet facilities shall be directed to a foul sewer or to a sewage treatment facilities either directly or indirectly by means of pumping.

4. In order to reduce the amount of suspended solids in effluent, the Contractor shall install settling tanks followed by one or a combination of
   
   - Multiple- plate thickeners
   - Centrifuges
   - Mechanical Filters
   - Hydrocyclones
   

5. All equipment shall be regularly cleaned and maintained in good working order.