Environmental Permit No. : EP-203/2004
環境許可證編號
: EP-203/2004
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
建造及營辦指定工程項目的環境許可證
A部 (許可證主要部分)
Pursuant to Section 10
of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental
Protection (the Director) grants this environmental permit to Drainage
Services Department (hereinafter referred to as the "Permit Holder")
to construct and operate the designated project described in Part B subject to the conditions specified
in 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》(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予渠務署
(下稱“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部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-203/2004 |
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Document in
the Register: 登記冊上的文件 |
1. Peng Chau Sewage Treatment Works Upgrade Environmental
Assessment Report, Environmental Monitoring and Audit (EM&A) Manual and
EIA Executive Summary (Register
No. AEIAR-079/2004) [Hereafter referred to as the EIA report] 1. 坪洲汚水處理廠改善工程 – 環境影響評估報告書、環境監測及審核手冊及評估報告摘要] (登記冊檔號: AEIAR-079/2004) [下稱 ”環評報告”] 2. The Director’s letter
of approval of the EIA report dated 29 October 2004 in (14) in EP 2/N9/F/93
Part 3 2. 署長於2004年10月29日發出該環評報告書的批淮信，檔案編號：(14) in EP 2/N9/F/93 Part 3 3. Application for
Environmental Permit submitted on 3 November 2004 (Application No.
AEP-203/2004) 3. 環境許可證持有人於2004年11月3日提交的許可證申請文件 (申請書編號：AEP-203/2004) |
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Date 日期 |
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( Elvis W. K. AU ) Assistant Director (Environmental
Assessment and Noise) for Director of Environmental Protection 環境保護署署長 助理署長(環境評估及噪音)區偉光代行 |
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PART B ( DESCRIPTION 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 (hereinafter
referred to as “the Permit”):
下列為本環境許可證(下稱“許可證”) A部所提述的指定工程項目的說明：
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Title of Designated
Project 指定工程項目的名稱 |
Peng Chau Sewage Treatment
Works Upgrade [ This designated project is hereinafter referred to as “the
Project” ] 坪洲汚水處理廠改善工程[本指定工程項目下稱“工程項目”] |
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Nature of Designated Project 指定工程項目的性質 |
Construction and Operation of the Submarine Outfall of
the Peng Chau Sewage Treatment Works 坪洲汚水處理廠海底排汚管道的建造及營運 |
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Location of Designated
Project 指定工程項目的地點 |
The proposed submarine
outfall lies in the seabed at the southwest of Tai Lei Island of Peng
Chau as shown in Figure 1
of this Permit. 工程項目位於坪洲大利島西南面海底, 如本許可證圖一所示 |
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Scale and Scope of
Designated Project |
The Project involves
construction and operation of a submarine outfall and an emergency overflow
of 100 meters and 40 meters long respectively and both about 250mm in
diameter 工程項目包括建造及營辦兩條各自長約100米及40米及直徑同約250毫米海底排汚管道及緊急溢流管道 |
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 (Cap. 499) and may become the subject of appropriate action being
taken under the Ordinance.
1.2 The Permit Holder shall ensure full compliance with all legislation from
time to time in force including without limitation to the Noise Control
Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water
Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466),
Waste Disposal Ordinance (Cap. 354), Occupational Safety and Health Ordinance
(Cap.509) and Factories and Industrial Undertakings Ordinance (Cap.59). 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 and 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 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 description 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 Peng
Chau Sewage Treatment Works Upgrade EIA Report (Register No. AEIAR-079/2004) in the
EIA Ordinance Register Office; the information or mitigation measures described
in this Permit, mitigation measures to be recommended in submissions that shall
be deposited as a result of permit conditions contained in this Permit, and
mitigation measures to be recommended under ongoing 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
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.
1.9
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 variations 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 EIA 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 EIA Ordinance 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 EIA Ordinance Register Office (currently at 27/F,
Southorn Centre, 130 Hennessy Road, Wanchai, Hong
Kong). Electronic copies of all finalized submissions required under this
Permit shall be prepared in Hyper Text 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 and shall be submitted at the same time as the
hard copies
1.12 The
Permit Holder shall notify the Director in writing the commencement date of
construction of the Project at least 2 weeks 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. Measures to Ensure the Environmental
Performance of the Project
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 Peng Chau Sewage Treatment Works Upgrade EIA Report
(Register No. AEIAR 079/2004) 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 Peng Chau Sewage Treatment Works
Upgrade EIA Report (Register No. AEIAR 079/2004) 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 Peng Chau Sewage Treatment Works Upgrade EIA Report
(Register No. AEIAR 079/2004) 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 To
avoid the water quality impact arising from construction of the submarine
outfall and emergency overflow of the Peng Chau Sewage Treatment Works, the
Permit Holder shall :
(a) not carry out the dredging operation outside the hatched area as shown in Figure
2 attached to this Permit;
(b) not carry
out the dredging works at a rate more than 55m3/hr, unless otherwise agreed by the Director;
(c) install and maintain
for the entire dredging operation a silt curtain for each dredger carrying
out dredging works with the design as shown in Figure
3a to Figure
3c of this Permit, unless otherwise agreed by the Director;
(d) use
closed grab dredgers and barges fitted with tight-fitting seals at their bottom
openings to carry out dredging operation and to transport the dredged material respectively;
(f) prohibit splashing of dredged material into the surrounding waters during
loading of barges and grabs; and
(g) not allow overflowing of dredged material to cause water pollution
during loading or transportation.
2.4 To
avoid water quality impact arising from operation of the emergency overflow of
Peng Chau Sewage Treatment Works, the Permit Holder shall provide an equalization
tank with capacity not less than 1,000m3 at the sewage treatment
works for temporary influent storage.
2.5 Excavated materials or materials alike arising from
the Project shall be reused in the Project site. No such surplus excavation material
and construction waste shall be disposed of anywhere except at public fill site
at Penny’s Bay Reclamation Phase II or
Central and Wanchai Reclamation or other location(s) as agreed by the Director.
3. Environmental
Monitoring and Audit (EM&A) Requirements during Construction Period
3.1 All measures
recommended in the Peng Chau Sewage Treatment Works Upgrade EIA
Report
and the EM&A
Manual shall be fully and properly implemented in accordance with the
requirements and time schedule(s) set out in the EM&A Manual.
3.2 Any changes to the monitoring
and audit requirements shall be justified by the ET leader and verified by the
IEC as conforming to the requirements set out in the EM&A Manual, and shall
be submitted to the Director for approval.
3.3 Samples, measurements
and necessary remedial actions shall be taken in accordance with the
requirements of the EM&A Manual by:
(a) conducting
baseline environmental monitoring;
(b) conducting
impact monitoring;
(c) carrying out remedial actions
described in the Event/Action Plans of the E M&A Manual in accordance with
the time frame set out in the Event/Action Plans, or as agreed by the Director,
in case where specified criteria in the EM&A Manual are exceeded;
(d) logging
and keeping records of the details of (a) to (c) above for all parameters
within 3 working days of the collection of data or completion of remedial
action(s), for the purpose of preparing and submitting the monthly EM&A
Reports and to make available the information for inspection on site.
3.4 All EM&A data submitted
under this Permit shall be true, valid and correct.
3.5 Three hard copies
and one electronic copy of the Baseline Monitoring Report shall be submitted to
the Director at least 2 weeks before the commencement of construction of the
Project. The submission shall be certified by the ET Leader and verified
by the IEC. Additional copies of the submission shall be made available
to the Director upon his request.
3.6 Three hard copies
and one electronic copy of monthly EM&A Report shall be submitted to the
Director within 2 weeks after the end of the reporting month. The
EM&A Reports shall include a summary of all non-compliance (exceedances) of
the environmental quality performance limits (Action and Limit Levels).
The submissions shall be certified by the ET Leader and verified by the
IEC. Additional copies of the submission shall be provided to the
Director upon request by the Director.
Notes :
1. This Permit consists
of three parts, namely, Part A (Main Permit),
Part B (Description of Designated Project) and
Part C (Permit Conditions). Any person relying
on this permit should obtain independent legal advice on the legal implications
under the Ordinance, and the following notes are for general information only.
2.
If
there is a breach of any conditions of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
Transport and Works, order the cessation of associated work until the remedial
action is taken in respect of the resultant environmental damage, and in that
case the Permit Holder shall not carry out any associated works without the
permission of the Director or his authorized officer.
3.
The Permit Holder may apply
under Section 13 of the Environmental Impact Assessment Ordinance (the
“Ordinance”) to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the Project site by the amended permit.
4. A person who assumes the responsibility for the whole
or a part of the Project may, before he assumes responsibility of the Project,
apply under Section 12 of the Ordinance to the Director for a further
environmental permit.
5.
Under Section 14 of the Ordinance, the Director
may with the consent of the Secretary for the Environment, Transport and Works,
suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed
from display at the Project site.
6.
If this Permit is cancelled or surrendered during
construction of the Project, another environmental permit must be obtained
under the Ordinance before the Project could be continued. It is an offence under Section 26 (1) of
the Ordinance to construct a designated project listed in Schedule 2 of the
Ordinance without a valid environmental permit.
7.
Any person who constructs the Project
contrary to the conditions in the Permit, and is convicted of an offence under
the Ordinance, is liable:
(i)
on a first
conviction on indictment to a fine of $2 million and to imprisonment for
6 months;
(ii)
on a second
or subsequent conviction on indictment to a fine of $5 million and to
imprisonment for 2 years;
(iii)
on a first
summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or
subsequent summary conviction to a fine of $1 million and to imprisonment for 1
year; and
(v)
in any case where the
offence is of a continuing nature, the court or magistrate may impose a fine of
$10,000 for each day on which he is satisfied the offence continued.
8. The Permit Holder may appeal
against any condition of this Permit under Section 17 of the Ordinance within
30 days of receipt of this Permit.
9. The Notes are for general reference only
and that the Permit Holder should refer to the EIA Ordinance for details and
seek independent legal advice.
Environmental Permit No. : EP-203/2004
Figure 1 | Figure 2 | Figure 3a | Figure 3b | Figure 3c
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