Environmental Permit No. EP-296/2007
環境許可證編號EP-296/2007

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 Architectural 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建築署 (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-296/2007

 

Documents in the Register:

登記冊上的文件:

 

(1)    Proposed Joint User Complex and Wholesale Fish Market at Area 44, Tuen Mun: Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary

(Register No.: AEIAR-070/2003) [Hereinafter referred to as the “EIA Report”]

(1)    擬建之屯門44綜合社區設施及魚類批發市場:環境影響評估報告環境監察及審核手冊及行政摘要

(登記冊編號:AEIAR-070/2003) [下稱環評報告”]

 

(2)    The Director’s letter of approval of the EIA Report dated 14 March 2003 (Reference: (9) in Ax(1) to EP2/N4/N/14 X)

(2)    署長於2003314日發出批准環評報告的信件 (檔案編號(9) in Ax(1) to EP2/N4/N/14 X)

 

 

Documents in the Register:

登記冊上的文件:

(3)    Application for Environmental Permit submitted on 14 November 2007 (Application No. AEP-296/2007)

(3)    20071114日提交的環境許可證申請 (申請書編號:AEP-296/2007)

 

 

 

 

 

 

 

 

 

            December 2007

        200712  

Date

日期

 

(WONG Hon-meng)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任黃漢明代行)


PART B (DESCRIPTIONS 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:

下列為本環境許可證A所提及的指定工程項目的說明:

 

Title of Designated Project

指定工程項目的名稱

Proposed Joint User Complex and Wholesale Fish Market at Area 44, Tuen Mun

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

擬建之屯門44綜合社區設施及魚類批發市場

[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

Construction and operation of a wholesale fish market.

建造及營辦魚類批發市場

 

Location of Designated Project

指定工程項目的地點

Tuen Mun Area 44.  The location of the Project is shown in Figure 1 attached to this Permit.

屯門第44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 wholesale fish market with gross floor area of approximately 4,700 m2.

建造及營辦一個建築樓面面積4,700平方米魚類批發市場

 


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) 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 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 construction 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-070/2003), the Application for Environmental Permit (Application No. AEP-296/2007), other relevant documents in the Register, 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 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). All submissions or any variation of the submissions shall be certified by the Environmental Team Leader and verified by the Independent Environmental Checker 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 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 before 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.

 

1.14     The Permit Holder shall notify the Director in writing the commencement date of operation of the Project at least two weeks before the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

 

 

2.         Submissions and Measures before Commencement of Construction of the Project

 

Employment of Environmental Monitoring and 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 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 audit (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. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report (Register No.: AEIAR-070/2003) 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 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-070/2003) 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 the 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 the duties defined in the EM&A Manual and shall audit the overall EM&A programme, 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-070/2003) 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.

 

Set up of an Environmental Committee for the Construction Phase

 

2.3       To monitor environmental impacts of the construction of the Wholesale Fish Market, the Permit Holder shall set up an Environmental Committee (EC) including representatives from the nearby residents before the commencement of construction of the Project to closely supervise the construction of the Wholesale Fish Market.  The EC shall advise on and monitor the proper design and construction of the Wholesale Fish Market according to the EIA Report (Register No.: AEIAR-070/2003) and this Permit, and to follow-up on environmental complaints about the construction of the Wholesale Fish Market.

 

2.4       The Permit Holder shall place all minutes of meeting, the relevant documents and the associated papers of the EC on the dedicated website set up by the Permit Holder under Condition 6.2, within one month of the day of the meeting.

 

Management Organization of Main Construction Companies

           

2.5       The Permit Holder shall, 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.

 

 

3.         Measures for the Construction of the Project

           

Design of the Wholesale Fish Market

 

3.1       To minimise noise and odour impacts, the building of the Wholesale Fish Market shall be a fully-enclosed design with openings only along the waterfront to allow for loading of fish stocks from marine vessels and associated activities.

 

3.2       To minimise noise and odour impacts, the external wall of the Wholesale Fish Market along Wu Shan Road shall be a blank façade with no opening.  Pedestrian entrance at street level along Wu Shan Road, if any, shall be designed with double doors and a lobby. 

 

3.3       To minimise noise and air quality impacts, a minimum of 40 lorry parking spaces shall be provided inside the Wholesale Fish Market with access from the northern side of the building to allow for parking, loading and unloading activities to take place inside the building of the Wholesale Fish Market as shown in Figure 2. 

 

3.4       To minimise road traffic noise impact, the junction at Wu Shan Road for vehicle access to the Wholesale Fish Market shall be designed to prohibit traffic entering and leaving the building from the south of Wu Shan Road as shown in Figure 3.

 

3.5       To minimise noise impact, the Wholesale Fish Market building shall be constructed with a noise canopy of at least 5 m wide and 90 m long projected from the façade of the Wholesale Fish Market along the waterfront to screen off the noise emitted from loading and unloading activities and berthed vessels as shown in Figure 2.

 

3.6       To minimise noise impact, acoustic louvers and silencers with a minimum insertion loss of 15dB(A) shall be installed at plantroom ventilation openings and mechanical ventilation systems respectively. 

 

3.7       To minimise odour impact, an induced draft ventilation system with extraction points located at the fish handling areas and lorry parking area shall be installed.  The exhausts of the ventilation system shall be vented from the waterfront side of the building of the Wholesale Fish Market as shown in Figure 4.  The induced draft ventilation system shall be operated at a rate of no less than 10 air changes per hour throughout the peak operating hours of the Wholesale Fish Market from 3:00 am to 6:30 am.

 

3.8       To minimise odour impact, a de-odorised scrubber system or equivalent de-odorising system shall be installed for the Wholesale Fish Market on mezzanine floor as shown in Figure 4 to remove odour prior to discharging outside the Wholesale Fish Market.

 

3.9       To minimise odour impact, fresh air intakes of the mechanical ventilation system provided to the community hall shall be located at level above 15mPD and fitted with odour removal systems such as carbon filters to remove odour.

 

3.10     To minimise odour impact, building materials used associated with the operation of the Wholesale Fish Market shall be impervious, durable and easy to clean to avoid build-up of odour from organic material carried in washing water.

 

            Measures to Mitigate Environmental Impacts during Construction

 

3.11     To minimise air quality impact, solid hoarding of at least 2.4 m high shall be erected along the site boundary, except at the site entrance and exit, during construction of the Project.

 

3.12     To minimise air quality impact, any stockpile of dusty materials shall be covered entirely by impervious sheeting; placed in an area sheltered on the top and the three sides; or sp