Environmental Permit No.EP-285/2008
環境許可證編號 EP-285/2008

                 
                     

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

環境影響評估條例

(499)

10

 

ENVIRONMENTAL PERMIT TO DECOMMISSION A DESIGNATED PROJECT

 

解除指定工程項目的運作的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this Environmental Permit to Civil Engineering and Development Department (hereinafter referred to as the “Permit Holder”) to decommission 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土木工程發展處(下稱許可證持有人”) 解除B所說明的指定工程項目的運作,但須遵守C所列明的條件。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-285/2007

Document in the Register:

登記冊上的文件:

 

(1) Decommissioning of the Former Kai Tak Airport other than the North Apron : Environmental Impact Assessment (EIA) Report, Executive Summary and Environmental Monitoring & Audit (EM&A) Manual (Register No. AEIAR-114/2007) [hereinafter referred to as the "EIA Report"]

遷拆舊啓德機埸北停機坪以外範圍 : 環境影響評估報告, 行政摘要及環境監察審核手冊(登記冊編號:AEIAR-114/2007) [下稱「環評報告」]

 

(2) The Director’s letter of approval of the EIA Report (with condition) dated 19.12.2007 in (19) in Ax(5) to EP2/K19/PT2/05 Part 4

   署長已於20071219日發出該環評報告的批准信,檔案編號(19)in Ax(5) to EP2/K19/PT2/05 Part 4

 

(3) Application for Environmental Permit dated 31 August 2007 (Application No. AEP-285/2007)

許可證持有人於2007831日提交的環境許可證申請文件(申請書編號AEP-285/2007)

 

  

 

 

8 January 2008

 

 

 

Date

日期

 

(Mrs. Shirley LEE)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任李 韓琇玲代 )

 

 

 

 

 

 

 

 

PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)

B (指定工程項目的說明)

 

Hereunder is the description of the designated projects 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所提述的指定工程項目的說明:

 

 

Title of Designated Projects

指定工程項目的名稱

 

 

Decommissioning of the Former Kai Tak Airport other than the North Apron

[hereafter referred to as “the Project”]

遷拆舊啓德機埸北停機坪以外範圍 [下稱「工程項目」]

 

 

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

 

 

Decontamination, demolition and removal of buildings/structures and abandoned facilities within the former Kai Tak Airport other than the North Apron.

為舊啟德機場北面停機坪以外範圍進行除污、拆除建築物/結構和剩餘設施。

 

 

Location of Designated Project

指定工程項目的地點

 

Kai Tak Airport South Apron and Runway, Kowloon.  The location of the project is shown in Figure 1 attached to this Permit.

九龍啟德機場南面停機坪及跑道。1顯示工程項目的位置。

 

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

 

 

The scope includes ground decontamination, structures/building decommissioning and removal of abandoned facilities including the offshore fuel dolphin with the associated pipelines, and the underground fuel hydrant and supply system in the South Apron area.

工程項目範圍包括地面除污、拆卸建築物/結構,及移走剩餘設施,包括已停用的運油碼頭及其相連的燃料輸油管、位於南停機坪範圍內的地下燃油輸送及供應系統。

 

 

 

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 (EIA) 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), Waste Disposal Ordinance (Cap.354), Dangerous Goods (General) Ordinance (Cap. 295), Occupational Safety and Health Ordinance (Cap. 509) and Factories and Industrial Undertakings Ordinance (Cap. 59). This Permit does not of itself (a) constitute any ground of defence against any proceedings instituted under any legislation or (b) 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 authorized 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 EIA Ordinance Register Office.

 

   1.4        The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site refers to site of the Project and shall mean the same hereafter.

 

   1.5        The Permit Holder shall display conspicuously a copy of this Permit on the site 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 site.

 

   1.6        The Permit Holder shall decommission the designated project as described in Part B of this Permit.

 

   1.7        The Permit Holder shall ensure that the Project is decommissioned in accordance with the information and recommendations described in the approved EIA report (Register No. AEIAR-114/2007), and other relevant documents in the EIA Ordinance Register Office, the information and 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 EIA Ordinance Register Office 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 EIAO (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     The Permit Holder shall notify the Director in writing the commencement date of decommissioning works of the Project at least one month before the commencement of decommissioning works of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date.

 

1.12     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.

 

1.13     For the purpose of this Permit, "commencement of decommissioning works of the Project" does not include works related to site clearance and preparation, contamination investigations or other works as agreed by the Director.

 

 

2.         Submission or Measures before Commencement of Decommissioning of the Project

 

Employment of Environmental Monitoring & 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 decommissioning works 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’ experience in EM&A or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme as set out in the updated EM&A Manual to be approved under Condition 2.6 of this Permit.  The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the findings of the approved EIA Report (Register No. AEIAR-114/2007) and each and every non-compliance with the recommendations of the approved EIA Report or 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 circumstance.  This log-book shall be kept readily available for inspection by all persons assisting in the supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-114/2007) and this Permit 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 Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before the commencement of decommissioning works 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’ experience in EM&A or environmental management.  The IEC shall be responsible for duties defined in the EM&A Manual submitted and approved under Condition 2.6 of this Permit, and shall audit the overall EM&A programme including the implementation of all environmental mitigation measures described in the approved EIA report (Register No.: AEIAR-114/2007), 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 approved EIA Report (Register No. AEIAR-114/2007)) and this Permit, which might affect the monitoring or control of adverse environmental impact from the Project.  Where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined 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. 

 

Land Contamination Specialist

2.3              The Permit Holder shall engage a land contamination specialist, who shall have experience in the design and site supervision/management of the remediation techniques to be applied, to carry out the detailed design of the ground remediation works and oversee the implementation of the ground remediation works. 

 

Management Organization of Main Companies Responsible for Decommissioning Works

2.4              The Permit Holder shall, at least one week before the commencement of the decommissioning works of the Project, inform the Director in writing the management organization of the main companies responsible for the works and/or any form of joint ventures appointed for the Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details. 

 

Submission of a Works Schedule

2.5              The Permit Holder shall deposit three hard copies and one electronic copy of a detailed works schedule to the Director at least one week before the commencement of decommissioning works of the Project.  The works schedule shall include at least an updated works programme; plan(s) (in the scale of 1:1000) showing the location of contaminated areas, the decontamination works area, the works activities, and the work areas for other concurrent projects in the vicinity[1] with the temporary access route(s) for these concurrent project works areas, at different phases of the remediation works. The Permit Holder shall submit an updated works schedule to the Director if there is any change to the works schedule as deposited.

 

Updating of Environmental Monitoring & Audit (EM&A) Manual

2.6              At least three weeks before the commencement of decommissioning works of the Project, the Permit Holder shall submit four hard copies and one electronic copy of an updated EM&A Manual for the Project to the Director for approval. The updated EM&A Manual shall make reference to the EM&A Manual of the EIA report (Register No. AEIAR-114/2007) and shall contain amongst others, a detailed water quality monitoring plan outlining the water quality sampling location and frequency, monitoring parameters, action and limit level, and event/action plan.  Before submission to the Director, the EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report. All measures recommended in the approved 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.

 

Submission of Remediation Method Statement(s)

 

2.7              The Permit Holder shall submit four hard copies and one electronic copy of the Remediation Method Statement(s) to the Director for approval at least one month before the commencement of the ground remediation works. The Remediation Method Statement(s) shall be certified by the ET Leader, verified by the IEC as conforming to the information and recommendation contained in the EIA Report before submission to the Director.  The Remediation Method Statement(s) shall provide details, at least, on the following: 

            a)      contaminated soil excavation management plan including details of confirmation sampling and testing at boundary of excavation to verify the complete excavation of contaminated soil and the environmental mitigation measures;

 

            b)      methodologies, procedures and environmental mitigation measures of the biopiling process including set up of the biopile and the clean up progress monitoring requirement;

 

            c)      methodologies, procedures and environmental mitigation measures of the cement solidification/stabilization process, including the pilot test procedures to ascertain the optimal concrete mix recipe and the leachability of the products;

 

            d)      methodologies and procedures for the recovery of free product of Total Petroleum Hydrocarbon (TPH) from the contaminated groundwater;

 

            e)      confirmation sampling and analysis requirements for biopiling and cement solidification/stabilization processes and the TPH free product recovery process to verify the clean up targets as shown in Appendix B of this Permit are met;

 

            f)        the sample size for the verification of soil and groundwater tests to be conducted in parallel with the confirmation sampling and analysis as stated in (e) above to be done by the Environmental Team, by an independent accredited laboratory for spot check purpose;

 

            g)      the procedures and mitigation measures and audit requirements for the removal of the underground fuel tank/fuel pipeline and supply system;

 

            h)      the provision and operation requirements of equipment and personnel decontamination facilities and the precautionary measures to safeguard the health and safety of workers engaged in other projects that take place within the project boundary at different phases of the remediation works; and

 

            i)        contingency plan for handling accidents including the spillage of contaminated soil.

 

The cement solidification/stabilization and biopiling processes for soil remediation shall not commence prior to approval of the Remediation Method Statement(s).  All measures recommended in the Remediation Method Statement(s) shall be fully and properly implemented by the Permit Holder and any person working on the Project throughout the project period.

 

 

3.         Submission or Measures during the Decommissioning of the Project

 

Measures for Contaminated Soil Excavation/Handling

 

3.1              The Permit Holder shall excavate the contaminated soil from the identified contaminated  areas as shown in areas stippled green, diagonal-striped red and diagonal-crosshatched blue in Figure 3 of this Permit, and transport them to the centralized decontamination works area as shown in area coloured light green in Figure 2 and Figure 3 of this Permit, for treatment.

 

3.2              After soil excavation at all contaminated areas, the Permit Holder shall conduct confirmation sampling and testing in accordance with the Remediation Method Statement approved under Condition 2.7 of this Permit, to confirm that all contaminated soil failing to meet the remediation criteria (as attached at Appendix A of this Permit) has been removed.  In addition to the confirmation sampling and analysis, the Permit Holder shall also collect duplicate soil samples with a sample size as described in the approved Remediation Method Statement for parallel testing by an independent accredited laboratory for spot check purpose. 

 

3.3              The Permit Holder shall deposit a final site closure assessment report for the entire site, covering each individual contaminated area(s), to the Director within 2 weeks of passing the confirmation test, after the ET and the IEC are satisfied with the testing results and agree that all identified contaminated area(s) have been cleaned up.

 

3.4              No construction works for future development shall be conducted at the identified contaminated areas as shown in areas stippled green, diagonal-striped red and diagonal-crosshatched blue in Figure 3 of this Permit prior to the submission of the final site closure assessment report to the Director. 

 

3.5              Where free product of TPH is detected at the groundwater surface during excavation of contaminated soil including the excavation at the ex-Government Flying Services (ex-GFS) apron area as shown in area edged pink in Figure 3 of this Permit, the Permit Holder shall skim-off the free product of TPH at the groundwater, in accordance with the Remediation Method Statement approved under Condition 2.7 of this Permit.  The TPH free product removed shall be collected by licensed waste collector.  Confirmation sampling and analysis of TPH free product in groundwater shall be conducted in accordance with the approved Remediation Method Statement to verify the TPH free product in groundwater is removed and the clean up target in Appendix B of this Permit is met.

 

3.6              The Permit Holder shall maintain a buffer distance of no less than 20 meters between the contaminated areas as shown in areas stippled green, diagonal-striped red and diagonal-crosshatched blue in Figure 3 of this Permit and the temporary access routes running across the site as identified in the Works Schedule deposited under Condition 2.5 of this Permit.

3.7              The Permit Holder shall implement all of the following mitigation measures to prevent pollution/nuisances during the excavation/transportation of contaminated soil; in addition to any other measure(s) found necessary during the course of the project implementation:

 

   s               stockpile site(s) for excavated contaminated soil shall be lined with impermeable sheeting and be bunded to minimize potential contaminated surface runoff;

   s               stockpiles of excavated contaminated soil shall be covered by impermeable sheeting;

   s               vehicles containing excavated contaminated soil shall be covered to reduce dust emissions and contaminated wastewater runoff; the truck bodies and tailgates shall be sealed to prevent discharge during transport or during wet conditions; and

   s               top soils at the contaminated areas shall be sprayed with fine mist of water immediately before excavation to control dust emissions.

 

 

Treatment of Contaminated Soil

 

3.8              The Permit Holder shall treat the soil contaminated with Total Petroleum Hydrocarbon(TPH)/Semi Volatile Organic Carbon (SVOC)/Volatile Organic Carbon (VOC) by biopiling. 

 

3.9              The Permit Holder shall treat the excavated soil contaminated with heavy metal with cement solidification/stabilization. 

 

3.10          The Permit Holder shall treat the excavated soil contaminated with both TPH and heavy metals by biopiling, followed by cement solidification/stabilization.

 

3.11          Before commencing the full-scale cement solidification/stabilization process, the Permit Holder shall conduct a pilot trial in accordance with the Remediation Method Statement approved under Condition 2.7 of this Permit to determine the optimal concrete mix recipe and the operating parameters.

 

3.12          The biopiling and cement solidification/stabilization processes shall be conducted in accordance with the Remediation Method Statement approved under Condition 2.7 of this Permit.  The treated soil, having achieved the clean up targets as shown in Appendix B of this Permit shall be reused as fill materials/backfilled on site.  Soil treated by means of cement solidification/stabilization, including the soil contaminated with heavy metals only or with both TPH and heavy metals, shall be backfilled on-site at a depth of not less than 1 meter above the groundwater level and be covered by 1 meter of clean fill to minimise the long term potential impacts of leaching to the underground water.

 

Measures for Biopiling Process

 

3.13          The Permit Holder shall implement all of the following mitigation measures to prevent pollution/nuisances during the biopiling process; in addition to any other measure(s) found necessary during the course of the project implementation:

 

(a)        the stockpiled soils at the biopile(s) shall be covered by impermeable sheeting such that no biopile(s) with length longer than 5 meters is exposed to the air;

 

            (b)               impermeable sheeting shall be placed at the bottom of the biopile(s) and a leachate collection sump shall be constructed at the bottom of the biopile(s) and along the perimeter of the biopile(s) to prevent leachate from contaminating the underlying soil and groundwater.  Concrete bund shall be constructed along the perimeter of the biopile(s) to contain the leachate generated from the biopile(s). All leachate generated from the operation of the biopiling shall be collected and recycled to the biopile(s); and

 

            (c)                vent air from the biopile(s) shall be connected to a blower and carbon adsorption system(s) with a removal efficiency of 99%, for treatment before release to the atmosphere.

 

3.14          The Permit Holder shall conduct biopile closure assessment to ensure the soil contaminant levels in the biopile meet the clean up targets as shown in Appendix B of this Permit.  Confirmation samples shall be taken at a frequency of one sample per 100 cubic meter of biopile soil for laboratory analysis.  In addition to the confirmation sampling and analysis, the Permit Holder shall also collect duplicate samples of the treated soil with a sample size as described in the Remediation Method Statement approved under Condition 2.7 of this Permit for parallel testing by an independent accredited laboratory for spot check purpose. 

 

 Measures for Cement Solidification/Stabilization Process

3.15          The Permit Holder shall implement all of the following mitigation measures to prevent pollution/nuisances during the cement solidification/stabilization process; in addition to any other measure(s) found necessary during the course of the project implementation:

 

            (a)            the solidification facility including the solidification pit shall be sheltered and the area of excavated contaminated soil unloading/loading shall be provided with a shed to avoid dust emissions and the generation of leachate;

 

            (b)           an impermeable membrane/sheet shall be placed at the bottom of solidification pit for the duration of the cement solidification/stabilization process;

 

            (c)            any pit used in the solidification facility shall be shallower than the water table to minimize the leaching of the excavated contaminated soils into underlying soils and groundwater; and

 

            (d)           a concrete bund shall be constructed along the perimeter of the solidification facility to prevent leachate from the solidification facility.

 

3.16          The Permit Holder shall take 1 confirmation sample for every 50 cubic meter of solidified soil for toxicity characteristic leaching procedure (TCLP) and unconfined compressive strength (UCS) tests.  In addition to the confirmation sampling and analysis, the Permit Holder shall also collect duplicate samples of the solidified soil with a sample size as described in the Remediation Method Statement approved under Condition 2.7 of this Permit for parallel testing by an independent accredited laboratory for spot check purpose.  The batch shall be crushed and the cement solidification/stabilization process shall be repeated if the sample fails to meet the clean up targets as shown in Appendix B of this Permit.

Submission of Remediation Report(s)

3.17          The Permit Holder shall deposit four hard copies and one electronic copy of Remediation Report(s) to the Director no later than two months after the completion of remediation works for the Project site.  The Remediation Report(s) shall demonstrate that the soil and groundwater remediation was carried out according to the specified methodology and is shown to be adequate.  The Remediation Report(s) shall provide detailed information on the types and volume of contaminated soil excavated and treated, free-product recovered, the closure assessment(s) for the individual contaminated area(s) and for the remediation works, sampling results including results of independent checks, plans of the final on-site backfill site(s) for the treated soil and the disposal site(s) for the TPH free product removed. 

 

Control Measures for Workers Safety

 

3.18          The Permit Holder shall provide on site sufficient number of decontamination facilities, instruments and equipment as listed in the approved Remediation Method Statement, to decontaminate both the workers and vehicles before leaving the site. 

 

3.19          Throughout the decommissioning works period, the Permit Holder shall clearly demarcate the “contaminated” zone from the “uncontaminated” zone by providing temporary fencing with warning notices around the boundary of the contaminated areas, slope crest(s), excavated contaminated soil stockpiling areas, decontamination works area and the centralised wastewater treatment unit.

 

 

Control Measures for Water Quality

 

3.20          No groundwater extraction shall be carried out for the purpose of ground remediation works.

 

3.21          The Permit Holder shall provide and maintain a centralized wastewater treatment unit to treat the leachate generated from cement solidification/stabilization process, decontaminated water from equipment decontamination and wastewater from wheel washing before discharge.

 

 

4.         Environmental Monitoring and Audit (EM&A) for the Project

 

4.1       The EM&A programme shall be implemented in accordance with the procedures and requirements in the updated EM&A Manual approved under Condition 2.6 of this Permit.  Any changes to the EM&A programme 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 approved by the Director.

 

4.2       The Permit Holder shall submit three hard copies and one electronic copy of the Baseline Monitoring Report to the Director at least 2 weeks before the commencement of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC.  Additional copies of the submission shall be provided upon request from the Director.

 

4.3       The Permit Holder shall submit three hard copies and one electronic copy of monthly EM&A Report to the Director within 2 weeks after the end of the reporting month.  The submissions shall be certified by the ET Leader and verified by the IEC.  Additional copies of the submission shall be provided upon request from the Director.  A 1-page summary, in both English and Chinese, summarizing the EM&A activities, the non-compliance events and complaints received in the reporting month, shall be provided in the monthly EM&A report.

 

4.4       All EM&A data submitted under this Permit shall be true, valid and correct.

 

 

5.         Electronic Reporting of EM&A Information

 

5.1              To facilitate public inspection of the Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 4.2 and 4.3 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document.  Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made.  All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies. 

 

5.2       All finalized submissions required by this Permit and all environmental monitoring data as described in Condition 5.1 above shall be made available to the public via internet access in the form of a website in the shortest possible time and in no event later than 2 weeks after, unless otherwise agreed with the Director, the relevant submissions are deposited/approved under this Permit and the environmental monitoring data are collected or become available.  The Permit Holder shall notify the Director in writing the internet address where the environmental monitoring data is to be placed within 6 weeks after the commencement of decommissioning of the Project.  The Permit Holder shall maintain this dedicated website throughout the decommissioning works for public access to the environmental monitoring data.

 

5.3       The internet website as described in Condition 5.2 above shall enable user-friendly public access to the monitoring data with features capable of:

 

(a)        providing access to all environmental monitoring data collected since the commencement of Project;

(b)        searching by date;

(c)        searching by types of monitoring data (air, water); and

(d)        hyperlinking to relevant monitoring data after searching;

 

            or otherwise as agreed 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, 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 Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the construction site by the amended permit.

 

4.         A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated 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, suspend, vary or cancel this Permit.  The suspended, varied or cancelled Permit shall be removed from display at the construction site.

 

6.         If this Permit is cancelled or surrendered during construction or decommissioning 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 decommission a designated project listed in Part I of Schedule 2 of the Ordinance 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 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 the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

 

10.       Occupational health and safety issues are governed by Occupational Safety and Health Ordinance (Cap. 509) and Factories and Industries Undertaking Ordinances (Cap. 5.9).  The Permit Holder is advised to contact Labour Departments for requirements relating to occupational safety and health issues.

 

 

 


Appendix A : Summary of Remediation Criteria

 

Soil and groundwater criteria used in The Netherlands for contaminated land (“Dutch List”)

(Extracted from Appendix IV of ProPECC PN 3/94)

 

 


Appendix B     Summary of Clean Up Targets

 

 

Matrix

Key Remediation Parameters

Remediation Target

Justification

Soil

Total Petroleum Hydrocarbon (TPH)

< 1000 mg/kg

Dutch B level

 

Benzopyrene

< 1 mg/kg

Dutch B level

 

Ethylbenzene

< 5 mg/kg

Dutch B level

 

Xylenes

< 5 mg/kg

Dutch B level

 

Lead

< 0.75 mg/kg as TCLP1

 

Universal Treatment Standards

 

Arensic

< 5 mg/kg as TCLP1

Universal Treatment Standards

 

Copper

< 7.8 mg/kg as TCLP2

Universal Treatment Standards

Groundwater

Free product of TPH

< 213 mg/L and no free product detected3

Remediation levels to meet acceptable risk level

 

Remarks:

1.           For metal contaminants (except Copper) to be treated by cement solidification/ stabilization, the Universal Treatment Standards (UTS) of U.S. Resource Conservation and Recovery Act (RCRA) in Title 40 of the Code of Federal Regulations (CFR) Parts 268 are referred.

2.          For Copper, please refer to Table 3.19 of the Final EIA Report for the details of the derivation of this value.

3.           For free product, please refer to S.3.7.18 of the Final EIA Report for the details of the derivation of this value.

 

 

In addition to the above, the following stabilization target shall also be met for solid treated with cement solidification/stabilization process:

 

Unconfined Compressive Strength requirement for solidified soil : not less than 1 mPa

 

 



[1]  According to Table 2.3 in the EIA report, the potential concurrent projects in the vicinity include : i) Kai Tak Development Advance Works; ii) Cruise Terminal Construction; iii) Barging points and works area for removal of C&D materials from Development at Choi Wan and Jordan Valley; and iv) Barging point for removal of C&D materials from Development at Anderson Road


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