Environmental
Permit No. EP-303/2008
環境許可證編號EP-303/2008
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
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental
Impact Assessment Ordinance (the Ordinance), the Director of Environmental
Protection (the Director) grants this environmental permit to the Drainage Services Department (hereinafter
referred 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(本條例)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(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-303/2008 |
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Document
in the Register: 登記冊上的文件： |
1.
Drainage Improvement in Sha Tin and Tai (Register No.
AEIAR-110/2007) [Hereafter
referred to as "the EIA Report"] 1. 沙田及大埔雨水排放統改善計劃 - 設計及建造 : 環境影響評估報告,
環境監察審核手冊 及評估報告摘要 (登記冊檔號： AEIAR-110/2007) [下稱“環評報告”]
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2.
The Director’s letter of approval of the EIA Report dated 9 August
2007, (ref. (24) in EP 2/G/I/117 Pt.3) 2. 署長於2007年8月9日發出該環評報告的批准信，檔案編號: (24 in EP 2/G/I/117 Pt.3) 3.
Documents attached to the Application for Environmental Permit submitted by the Permit
Holder on 28 January 2008 (Application No. AEP-303/2008) [Hereinafter
referred to as the "Application"] 3. 許可證持有人於2008年 1月 28日 提 交 的 環 境 許 可 證 申 請 書夾附的文件 (申請書編:
AEP-303/2008) [下 稱 「 申 請 書 」] |
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25 February 2008 |
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Date 日期 |
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(Maurice K.L. YEUNG) Principal Environmental Protection Officer (Assessment and Noise) for 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:
下列為本環境許可證A部 所提及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 |
Drainage Improvement Works in Sha Tin and Tai [The project is
hereinafter referred to as "the Project".] 於沙田及大埔進行的雨水排放改善工程 [上述工程項目下稱"工程項目" ] |
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Nature of Designated Project |
Drainage improvement works partly in an existing conservation area. 部份雨水排放改善工程於現有的自然保育區內進行 |
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Location
of Designated Project 指定工程項目的地點 |
Shuen Wan area, Tai Po. Figure 1 attached to this Permit shows the
locations of the Project. 工程項目的位置載於本許可證的附圖一。 |
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Scale and Scope of Designated Project 指定工程項目的規模和範圍 |
The
scope of the Project includes the following works:- (i)
about 1,100 m of twin-cell box culvert with internal cell dimensions
of 3m (in width) by 3m (in height) along (ii)
about 280m of drainage pipe with diameter of 1.2m near Wai Ha Village; (iii)
about 260m of drainage pipe with diameter of 1.8m along (iv)
an automatic mechanical penstock at Wai Ha River estuary; and (v) a stormwater pumping
station of about 10m high at Shuen Wan.
工程項目的範圍包括下述工程 : (i)
沿洞梓路建造長約1,100米、內槓闊3米、高3米的雙管道箱形暗渠; (ii)
近圍下村建造長約280米、直徑1.2米的排水管; (iii)
沿汀角路建造長約260米、直徑1.8米的排水管; (iv)
在圍下河河口建造機動水閘; 以及 (v)
在船灣建造雨水泵房、高約10米。 |
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) 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 of the Project and shall mean the same hereafter.
1.5 The
Permit Holder shall display conspicuously a copy of this Permit on the
construction site(s) 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
location. 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
location 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 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-110/2007); the application documents including all attachments
(Application No. AEP-303/2008); other relevant documents in the Register;
and 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 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 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. Submissions or Measures before Commencement
of Construction of the Project
Employment
of Environmental 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 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 and its update as approved under Condition 2.4 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
environmental impact assessment and each and every non-compliance with the
recommendations of the approved EIA Report (Register No. AEIAR-110/2007) 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
approved EIA Report (Register No. AEIAR-110/2007) 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 and its update as approved under Condition
2.4 of this Permit, 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 approved EIA
Report (Register No. AEIAR-110/2007) 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.
Review
of Environmental Monitoring and Audit (EM&A) Programme
2.3 The
Permit Holder shall review the EM&A programme to include monitoring of
hydrological characteristics of the Shuen Wan marsh during the construction and
operation phases to ensure that the conservation area will not be dried up and
the inter-tidal characteristics of the conservation area be maintained during
normal situation; and to include monitoring of water quality of Wai Ha River
during the construction phase. At
least three months before the commencement
of construction of the Project, the Permit Holder shall submit the review
results of the EM&A programme to the Director for approval.
Submission
of updated Environmental
Monitoring and Audit (EM&A) Manual
2.4 The
Permit Holder shall, no later than one month before the commencement of
construction of the Project, submit to the Director for approval five hard
copies and one electronic copy of an updated EM&A Manual for the
Project. The updated EM&A
Manual shall provide details of the EM&A programme on the water
quality and hydrological monitoring based on the review results approved under
Condition 2.3 of this Permit and the Event/Action Plan detailing the actions to
be carried out in case of deteriorating hydrological characteristics or water
quality. Before submission to the Director, the updated 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 (Register No.
AEIAR-110/2007).
Submission of the
Habitat Compensatory Plan (HCP) for Ecological Compensation Area
2.5 The Permit Holder shall, no later than three months before the commencement of construction of the Project, submit to the Director for approval four hardcopies and one electronic copy of the Habitat Compensatory Plan (HCP) for the ecological compensation area. The HCP shall be prepared in accordance with the conceptual plan contained in Figure 7.2 of the EIA Report (Register No. AEIAR-110/2007). The HCP shall show the detailed design, implementation programme, and subsequent maintenance and management schedules of the ecological compensation area. Before submission to the Director, the HCP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No. AEIAR-110/2007).
2.6 To mitigate the ecological impact due to the loss of plant species of conservation interest, Pavetta hongkongensis, the affected plants within the project area shall be transplanted before the commencement of construction. The Permit Holder shall, no later than three months before commencement of transplanting works, deposit with the Director three hard copies and one electronic copy of transplantation proposal. Before submission to the Director, the proposal shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-110/2007). The detailed transplantation proposal shall include the following information:
(a) qualification of the specialist(s) to carry out the transplantation works;
(b) number, locations and photographs of plants to be transplanted;
(c) locations of the receptor sites for transplantation;
(d) methodology and implementation programme; and
(e) detailed schedule for post-transplantation maintenance and monitoring of plants.
Submission
of Landscape Plan of the Project
2.7 The Permit Holder shall, no later than three months before commencement of construction of the Project, submit four hardcopies and one electronic copy of a landscape plan to the Director for approval. The landscape plan shall show the locations, size, number and species of planting, 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 of the Project, in particular the landscape and compensatory planting and architectural and chromatic treatment of the floodwater pumping station. Before submission to the Director, the landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA report (Register No. AEIAR-110/2007).
3. Submissions
or Measures during Construction of the Project
Management
Organization of Main Construction Companies
3.1 The Permit Holder
shall, within one month after 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.
Works Areas of the Project
3.2 The Project shall be constructed at the locations shown in Figure 1 of this Permit. No works of the Project shall be carried out outside the “site limit” as shown in Figure 1 of this Permit.
Establishment of Ecological
Compensation Area
3.3 The Permit Holder shall, within twelve months after the commencement of construction of the Project, establish not less than 0.8 hectares of ecological compensation area at the location indicated in Figure 1 attached to this Permit as conforming to the design set out in the HCP approved under Condition 2.5 of this Permit. The implementation of measures for the establishment of the ecological compensation area shall be certified by the ET Leader and verified by the IEC.
Measures
to Mitigate Ecological Impacts
3.4 The
construction of the box culvert along Tung Tsz Road under the Project shall be
carried out in stages, with length for each stage no more than 120m at any
time, to avoid and minimize potential ecological impact on the nearby
conservation area. The trench
shall be backfilled and compacted with suitable materials upon completion of
each stage of the construction works.
3.5 During
construction of the box culvert along Tung Tze Road, to avoid spill over of
muddy water and disturbance to the nearby conservation area, 2m high, gap free sheet-pile hoardings shall be
installed along the works area of each stage and 300mm high sand bag shall be
provided along the hoardings according to the schematic diagram shown in Figure
2 attached to this Permit.
3.6 No
construction works for installation of the mechanical gate under the Project
shall be carried out during the breeding season (March to June) of the ardeids.
Measures to Mitigate Water Quality Impacts
3.7 Excavation
works within the Wa Hai River under the Project shall be carried out in the dry
season (October to April) only.
The excavation area shall be limited to section of half width of the
river channel in order to maintain water flow within the river during
construction stage. Bunds or
barriers shall be installed surrounding the excavation area to minimize water
quality impacts upon the downstream of the Wai Ha River.
3.8 &n