Environmental Permit No. EP-277/2007

環境許可證編號 EP-277/2007

　

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 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部所說明的條件。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：-

 

Application No.

申請書編號:

AEP-277/2007

 

Document in the Register :

登記冊上的文件 :

 

(1)  Drainage Improvement in Northern New Territories – Package C :

–         Environmental Impact Assessment Final Report

–         Environmental Monitoring and Audit Manual

–         Environmental Impact Assessment – Executive Summary Report

(Register No. AEIAR-108/2007) [Hereinafter referred to as the “EIA Report”]

(1) 新界北部雨水排放系統改善計劃C部份 :

–         環境影響評估報告

–         環境監察及審核手冊

–         環境影響評估– 行政摘要報告

(登記冊編號 : AEIAR-108/2007) [下稱 “環評報告”]

 

(2) The Director’s letter of approval of the EIA Report dated 9 July 2007, ref.: (30) in Ax(1) to EP2/N7/I/23 II.

(2) 署長已於二零零七年七月九日發出該環評報告的批准信，檔案編號 : (30) in Ax(1) to EP2/N7/I/23 II。

 

 

 

 

 

9 July 2007

 

 

 

 

 

 

Date

日期

 

(Maurice YEUNG)

Principal Environmental Protection Officer

(Assessment and Noise)

for the Director of Environmental Protection

環境保護署署長

(首席環境保護主任(評估及噪音)楊國良代行)

 

 

 

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 (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:

 

 

Title of Designated Project

指定工程項目的名稱

 

 

Drainage Improvement in Northern New Territories – Package C

新界北部雨水排放系統改善計劃C部份

 

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

[這指定工程項目下稱 “工程項目”]

 

 

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

 

 

Construction and operation of drainage channels and other ancillary works

建造及營辦排水道及附屬工程

 

Location of Designated Project

指定工程項目的地點

 

 

Lin Ma Hang and Man Uk Pin, North District

北區蓮麻坑及萬屋邊

 

The location of the Project is shown in Figure 1, 2, 3 and 4 of this Permit.

指定工程項目的地點，見載於本許可證的圖1、圖2、圖3及圖4。

 

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

 

The Project mainly consists of the followings:-

工程項目主要範圍包括以下:-

 

(1)     Man Uk Pin 萬屋邊

i.             A two-stage channel with existing natural river bed

一條兩階段式河道設計的排水道並保留現有自然河道底部

ii.            Trapezoidal channels with gabion walls and mattress lining

以石籠護土牆襯砌及石籠襯層修建的梯形排水道

iii.          U-channels, underground drainage pipes and box culverts

U形排水道、地下排水管道和箱形暗渠

iv.          Re-provision of six footbridges and six vehicular crossings

重置六條行人橋及六條車用通道

 

(2)     Lin Ma Hang 蓮麻坑

i.             Localized river bank improvement works and a trapezoidal channel with gabion wall and mattress lining

局部河岸改善工程和一段以石籠護土牆襯砌及石籠襯層修建的梯形排水道

ii.            Re-provision of three vehicular crossings

重置三條車用通道

 

 

 

PART C (PERMIT CONDITIONS)

 

1                            General Conditions

1.1                      The permit holder and any person working on the Project shall comply with all conditions of 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) and Waste Disposal Ordinance (Cap.354).  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 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 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-108/2007), 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 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 this Permit.

1.10                  The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment 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 Environmental Impact Assessment 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 no later than one month 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                            Special Conditions

Submissions or Measures before Commencement of Construction

 

2.1                      An 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 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 (Register No.: AEIAR-108/2007) 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-108/2007) 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-108/2007) 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 (Register No.: AEIAR-108/2007) 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-108/2007) 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, no later than two weeks 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 associated with the construction of the Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

2.4                      The Permit Holder shall submit to the Director for approval at least one month before commencement of construction four hard copies and one electronic copy of a landscape plan showing the locations, size, number and species of plantings, design details, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures.  Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as confirming to the information, requirements and recommendations set out in the approved EIA Report (Register No.: AEIAR-108/2007).

 

Measures to be Implemented during Construction

Man Uk Pin

2.5                      No excavation works at existing stream section of River Indus at Man Uk Pin (MUP05) shall be carried out from 1st April to 30th September to minimize water quality impact.  The works at MUP05 shall be restricted to a maximum length of 300m at any time except for the first 300m upstream section of MUP05.  For Loi Tung River (MUP04A), the construction works shall be restricted to a maximum length of 100m to minimize the potential cumulative impact with MUP05.  The excavation areas at river bed shall be enclosed with bunds or sand bag barriers wrapped with geotextile fabric to minimize the impacts to the downstream of River Indus.

2.6                      Stockpiling areas for excavated material shall be located at least 20m away from village premises to minimize odour impact.

2.7                      Temporary noise barriers shall be installed at locations shown in Figure 5 and Figure 6 of this Permit throughout the construction of the Project.  The temporary noise barriers shall be constructed with material with a minimum superficial density of 7 kg/m2.  The temporary noise barriers shall be a continuous structure with no gap.

2.8                      Surface run-off from the Project site boundary shall be discharged directly into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into stormwater drainage system.

2.9                      Surplus construction and demolition materials and waste shall be disposed of at the Public Filling Facility at Tuen Mum Area 38 and the North East New Territories (NENT) Landfill respectively or other location(s) unless otherwise agreed by the Director.

2.10                  Landscaping measures shall be implemented for the Project in accordance with the landscape plan approved under Condition 2.4 of this Permit.  At least one month before the Project commences operation, four hard copies and one electronic copy of detailed landscape as-built drawing(s) with an explanatory statement showing the final locations, size, number and species of planting to demonstrate compliance with the approved submissions under Condition 2.4 of this Permit shall be deposited with the Director.  This as-built submission shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.4 is fulfilled.

Lin Ma Hang

2.11                  No concrete shall be used for the bank improvement works at the Lin Ma Hang Stream (LMH01).

2.12                  No excavation works at LMH01 shall be carried out from 1st April to 31st October.  The excavation areas at river bed shall be enclosed with bunds or sand bag barriers wrapped with geotextile fabric to minimize the impacts to the Lin Ma Hang Stream. 

2.13                  Surface run-off from the Project site boundary shall be discharged directly into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into stormwater drainage system.

2.14                  Temporary noise barriers shall be installed at locations shown in Figure 7 and Figure 8 of this Permit throughout the construction of the Project.  The temporary noise barriers shall be constructed with material with a minimum superficial density of 7 kg/m2.  The temporary noise barriers shall be a continuous structure with no gap.

2.15                  Bank improvement works at Lin Ma Hang Stream and reconstruction of vehicular crossing shall not be carried out concurrently to avoid cumulative construction noise impact.

2.16                  Landscaping measures shall be implemented for the Project in accordance with the landscape plan approved under Condition 2.4 of this Permit.  At least one month before the Project commences operation, four hard copies and one electronic copy of detailed landscape as-built drawing(s) with an explanatory statement showing the final locations, size, number and species of planting to demonstrate compliance with the approved submissions under Condition 2.4 of this Permit shall be deposited with the Director.  This as-built submission shall be certified by the ET Leader and verified by the IEC to demonstrate that Condition 2.4 is fulfilled.

2.17                  The structure of a built heritage stone terrace wall (AAHB-855) at Lin Ma Hang as shown in Figure 9 shall be protected by heavy duty plastic sheeting and shall be remained intact during the construction.

Measures and Submissions to be Implemented during Operation of the Project

 

2.18                  To minimize water quality and ecological impact, maintenance works for the channels at Man Uk Pin and Lin Ma Hang Stream including vegetation management and desilting shall be carried out during dry season from 1st October to 31st March.  The works area shall be enclosed by containment structures such as bunds and sand bag barriers to minimize water quality impact.

3                            Environmental Monitoring and Audit (EM&A) Requirements

3.1