Environmental Permit No. EP-254/2006

環境許可證編號 EP-254/2006

 

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

SECTION 10

環境影響評估條例

(499)

10

 

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 (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 the 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) 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”)以建造營辦B所說明的指定工程項目,但須遵守C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﹕

 

Application No.

申請書編號

AEP-254/2006

 

Document in the Register:

登記冊上的文件

 

(1)

 

 

 

 

(2)

 

 

 

 

 

(3)

 

Project Profile – “Ma On Shan Area 108 Pumping Station” (Register No. PP-281/2006)

工程項目簡介 – “馬鞍山第108區泵房” (登記冊編號: PP-281/2006)

 

The Director’s letter of permission to apply directly for environmental permit dated 28 April 2006 (Reference: (15) in EP2/N1/F/44 Ax(1))

署長於2006428日發出批准直接申請環境許可證的信件 (檔案編號:(15) in EP2/N1/F/44 Ax(1))

 

Application for environmental permit submitted by the Permit Holder on 7 August 2006 (Application No. AEP-254/2006)

許可證持有人於200687日提交的環境許可證申請     (申請書編號:AEP-254/2006)

 

 

           1 September 2006

           200691

Date

日期

 

(Maurice K.L. YEUNG)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任楊國良代行)


Part B (DESCRIPTION OF DESIGNATED PROJECT)

B (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所提的指定工程項目的說明﹕

 

Title of Designated Project

指定工程項目的名稱

Ma On Shan Area 108 Pumping Station

[This designated project is hereinafter referred to as “the Project”]

馬鞍山第108區泵房

[本指定工程項目下稱 工程項目”]

 

Nature of Designated Project
指定工程項目的性質

A sewage pumping station with an installed capacity of more than 2,000 m3 per day and its boundary is less than 150 m from the existing residential area.

裝置的泵水能力超過每天2,000立方米且界線與現有的住宅區相距少於150米的污水泵水站。

 

Location of Designated Project

指定工程項目的地點

Sha On Street, Ma On Shan. The location of the Project is shown in Figure 1 of this Permit.

馬鞍山沙安街。工程項目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 a sewage pumping station with an average dry weather flow of about 14,500 m3 per day.   

建造及營辦一個平均旱天流量約為每天14,500立方米的污水泵水站。

 

 


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 Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) 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 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 Project Profile (Register No. PP-281/2006); other relevant documents in the Register; the information or mitigation measures described in this Permit; 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).

 

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, 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 two 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.         Specific Conditions

 

2.1       To minimize the chance of emergency sewage by-pass discharging into Starfish Bay, the following measures shall be set up before commencement of operation of the Project and properly maintained during operation of the Project:

(i)           One standby pump, one standby mechanical screen, backup main of dual power system and buffer storage for retention of 1 hour of ultimate normal flow of sewage.

(ii)         A telemetry system to transmit signals showing irregularity or any operational problem of the Project to the Shatin Sewage Treatment Works for taking immediate actions.

(iii)        Retention of the existing pump house as shown in Figure 1 of this Permit.  The pump house shall be supported by a mobile emergency generator within one hour upon failure of dual power supply system during operation of the Project.

 

2.2       To minimize the odour impact during operation of the Project, the inlet chamber, screen chamber and wet well shall be located underground, and enclosed by a reinforced concrete superstructure.

 

2.3       To minimize the odour impact during operation of the Project, a deodourizer with a forced ventilation system shall be installed, and the exhaust outlet shall be laid towards the northern direction of the pumping station facing away from the nearby sensitive receivers.

 

2.4       To minimize the operational noise impact of the Project, all pumps shall be enclosed inside the substructure of the Pumping Station.  Acoustic filters shall be installed at the extraction fans of the deodourizers.

 

2.5       To minimize the landscape and visual impact of the Project, plantings and green roof design shall be implemented and properly maintained during operation of the Project as shown in Figure 2 of this Permit.

 

 

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 EIAO, and the following notes are for general information only.

 

2.         If there is a breach of any condition 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 EIAO 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 EIAO to the Director for a further environmental permit.

 

5.         Under Section 14 of the EIAO, 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 or operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued.  It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.

 

7.         Any person who constructs or operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.

 

 

Environmental Permit No. EP-254/2006

 

 


 

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