Environmental
Permit No. EP-426/2011
環境許可證編號 EP-426/2011
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
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 (EIAO), the
Director of Environmental Protection (the Director) grants this environmental
permit to the Civil Engineering and
Development Department (CEDD) (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)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拓展署(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：
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Application No. 申請書編號 |
AEP-426/2011 |
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Document in the Register 登記冊上的文件 |
1.
Providing Sufficient Water Depth for 為葵青貨櫃港灣及其進港航道提供足夠水深環境影響評估報告 (登記冊編號:
AEIAR-156/2010) [下稱環評報告] 2.
The
Director’s letter of approval of the EIA Report dated [Ref.: (57) in Ax(1) to EP2/N3/C/57 Pt.5] 署長於2010年10月28日 發出批准的環評報告信件。 [檔案編號 : (57) in Ax(1)
to EP2/N3/C/57 Pt.5] 3.
Application
for Environmental Permit submitted by the Permit Holder on 許可證持有人於2011年10月3日提交的環境許可證申請。 (申請書編號：AEP-426/2011) |
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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 (DESCRIPTION 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 |
Providing Sufficient Water Depth for (This
designated project is hereafter referred to as “the Project”). 為葵青貨櫃港灣及其進港航道提供足夠水深 （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 |
Dredging operation with approximately 挖泥量約 400 萬立方米的挖泥作業，距離一個海水進水口少於 |
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Location of Designated Project 指定工程項目的地點 |
The Project site is located in Kwai Tsing
Container Basin (KTCB) and its access fairways (Northern and Western),
as shown in Figure 1 of this
Permit. 工程項目地點是葵青貨櫃港灣連同北面航道與西面航道，見載於本許可證夾附的圖一。 |
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Scale and Scope of Designated Project |
The Project is to lower the existing seabed in Kwai Tsing Container Basin
(KTCB) and its access fairways to a target seabed level of -17.5mCD. The
project area is approximately 工程項目是降低葵青貨櫃港灣連同北面航道與西面航道海床，目標的海床面水平大致為海圖基準 |
1.
General Conditions
1.1 The Permit
Holder and any person working on the Project shall comply with all conditions
set out in this Permit. Any non-compliance by any person may constitute a
contravention of the Environmental Impact Assessment Ordinance (EIAO) (Cap.
499) and may become the subject of appropriate action being taken under the
EIAO.
1.2 The
Permit Holder shall ensure full compliance with all legislation from time to
time in force including, without limitation to, the Noise Control Ordinance
(Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea
Ordinance (Cap. 466). This Permit does not of itself constitute any ground of
defence against any proceedings instituted under any legislation or imply any
approval under any legislation.
1.3 The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit or the documents referred to in Part
A of the Permit readily available at all times for inspection by the
Director or his authorised officers at all sites/offices covered by this
Permit. Any reference to the Permit shall include all documents referred to in
the Permit and also the relevant documents in the Register.
1.4 The
Permit Holder shall give a copy of this Permit to the person(s) in charge of
the site(s) and ensure that such person(s) fully understands all conditions and
all requirements incorporated by the Permit. The site(s) refers to site(s) of
construction and operation of the Project and shall mean the same hereafter.
1.5 The
Permit Holder shall display conspicuously a copy of this Permit on the Project
site(s) at all vehicular site entrances/exits or at a convenient location for
public’s information at all times. The Permit Holder shall ensure that the most
updated information about the Permit, including any amended Permit, is
displayed at such locations. If the Permit Holder surrenders a part or the
whole of the Permit, the notice he sends to the Director shall also be
displayed at the same locations as the original Permit. The suspended, varied
or cancelled Permit shall be removed from display at the Project site(s).
1.6 The
Permit Holder shall construct and operate the Project in accordance with the
project description in Part B of this Permit.
1.7 The
Permit Holder shall ensure that the Project is designed, constructed and
operated in accordance with the information and all recommendations described
in the approved EIA Report (Register
No.: AEIAR-156/2010), the application
document (Application No. AEP-426/2011); and other relevant documents in the
Register; the information or mitigation measures described in
this Permit; mitigation measures to be recommended in submissions that shall be
deposited with or approved by the Director as a result of permit conditions
contained in this Permit; and mitigation measures to be recommended under on going surveillance and monitoring activities during all
stages of the Project. Where recommendations referred to in the documents of
the Register are not expressly referred to in this Permit, such recommendations
are nevertheless to be implemented unless expressly excluded or impliedly
amended in this Permit.
1.8 All
submissions, as required under this Permit, shall be rectified and resubmitted
in accordance with the comments, if any, made by the Director within one month
of the receipt of the Director’s comments or otherwise as specified by the
Director.
1.9 All
submissions approved by the Director, all submissions deposited without
comments by the Director, and 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 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 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 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 commencement date of the
construction.
1.12 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,
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 no later than two months prior to 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.
Specific
Conditions
2. Submissions and Measures to be implemented
before Construction of the Project
Employment of
Environmental Monitoring and Audit (EM&A) Personnel
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 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 156/2010) and this Permit, which may
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.
Community Liaison Group
Management Organization of Main
Construction Companies
2.4 The
Permit Holder shall, no later than one month before the commencement of
construction of the works covered by this Permit, inform the Director in
writing the management organization of the main construction companies and/or
any form of joint ventures associated with the construction works of the
Project. The submitted information shall include at least an organization
chart, names of responsible persons and their contact details.
Submission
of Works Schedule and Location Plans
2.5
The dredging works of the Project will
be carried out in stages. The Permit Holder shall deposit a detailed works
schedule and location plans in the scale of 1:1 000 or other appropriate scale
of the Project to the Director at least four weeks before the commencement of
the dredging works of the Project. The schedule shall include an updated works programme indicating period and rates of dredging works
(including types of marine plants deployed) with reference to the different
locations as shown in Figure 2
of this Permit.
Submission
of Detailed Dredging Methodology for Hotspot (Zone Z2B)
2.6 The
Permit Holder shall submit to the Director for approval, a detailed plan with proven
methodology (including dredging rates) and trial results on the dredging works
for the dredging works at Zone Z2B as shown in Figure 2 of this Permit. The
methodology and test trial tests of the proposed dredging works shall also take
into account the Water Quality Objectives (WQO) of Flushing Water issued by
Water Supplies Department as shown in Table 1 of
this Permit. No dredging works at Zone Z2B and its
buffer areas i.e. Z
Submission
of Environmental Monitoring and Audit of Total Inorganic Nitrogen
2.7 The Permit Holder shall conduct environmental monitoring
and audit of total inorganic nitrogen arising from the project at water
sensitive receivers and submit a proposal to be approved by the Director before
commencement of the dredging works.
Confirmation
from Marine Fill Committee and Submission
of Waste Disposal Plan
2.8 The Permit Holder
shall submit to the Director for approval, a waste disposal plan including
written confirmation from the Marine Fill Committee on waste disposal grounds
for all disposal of marine sediment generated from the Project before
commencement of the dredging works.
Submission
of Silt Curtain Deployment Plan
2.9 The Permit Holder
shall submit to the Director for approval, at least two weeks prior to the
commencement of dredging works, four hard copies and one electronic copy of the silt curtain deployment plan. The silt
curtain deployment plan shall be certified by the ET Leader and verified by the
IEC as conforming to the relevant information and recommendation contained in
the approved EIA Report (Register No: AEIAR-156/2010). The silt curtain deployment
plan shall include plans showing the construction programme
and details of the design, operation and maintenance
requirements including but not limited to deployment of silt curtain(s) for
dredging as recommended in the approved EIA Report (Register No:
AEIAR-156/2010) and the relevant documents in the EIAO Register. All mitigation
measures recommended in the silt curtain deployment plan shall be fully and
properly implemented throughout the construction period.
Submission of Silt Screen Deployment Plan
2.10
The Permit Holder shall liaise with the
owners and operators of the four water intakes i.e.
WSD1, WSD8, WSD9 and EMSD1, as
shown in Figure 3 of this Permit
on details of silt screen installation, maintenance and removal at the seawater
intakes. The Permit Holder shall deposit with the
Director at least two weeks prior to the
commencement of the dredging works, four hard copies and one electronic copy of the silt screen systems. The silt screen
deployment plan and report
shall be certified and submitted, at least
two weeks prior to commencement of the dredging works, by the ET Leader
and verified by IEC as conforming to the relevant information and recommendations contained in the approved EIA Report
(Register No: AEIAR-156/2010). Silt screens shall be installed at seawater
intakes prior to the commencement of the corresponding dredging works in the
vicinity as presented in the finalized silt screen deployment plan.
3. Submissions and Measures to be Implemented during
Construction of the Project
Measures
to Mitigate Water Quality Impact
3.1 To mitigate water quality impact arising
from dredging works:
(a) for
each grab dredger with closed grab deployed within the Project Area, the
maximum dredging rate shall be not exceed
(b) for
the cutter suction dredger temporarily deployed at Zone 2 (subzones Z
(c) all
barges/dredgers used shall be fitted with tight fitting seals to their bottom
openings to prevent leakage of material and shall be filled appropriately
during its operation to ensure no overflow of dredged mud will occurred at any
time;
(d) no
more than one grab dredger with closed grab (or one cutter suction dredger)
shall be operated within each of the three main zones i.e. Rambler Channel - Zones 1 (subzones Z
(e) silt
curtains shall be deployed to fully enclose the closed grab dredger during any
dredging operation;
(f) silt
screens shall be deployed to protect the
following cooling water intakes i.e. Tsing Yi
(WSD1), Tsuen Wan (WSD8), near Hong Kong Garden
(WSD9) and Kwai Chung Hospital (EMSD1) as shown in Figure
3 of this Permit throughout the entire
construction period. To avoid refuse entrapment and to ensure representative
impact monitoring results, silt screens shall be maintained and refuse around
them shall be collected on a daily basis so that water behind the
silt screens will be kept free from floating debris during the construction
period;
(g) the
Permit Holder shall conduct 24-hour enhanced environmental monitoring and audit
of water quality parameters at the four Fish Culture Zones i.e. Ma Wan (F1), Lo
Tik Wan(F2), Sok Kwu Wan (F3), Cheung Sha Wan
(F4), and three cooling intakes i.e. Tsing Yi
(WSD1), Tsuen Wan(WSD8) and Kwai
Chung Hospital (EMSD1) as shown in Figure 3
during the construction period;
(h) if
further mitigation measures are required as supported by the water quality
monitoring data under Environmental Monitoring and Audit Programme,
appropriate reduction in dredging rate or/and dredging on the state of tide
shall be adopted to protect the water quality at the water intakes for Water
Supplies Department (WSD1) and Electrical Mechanical Services Department
(EMSD1) as shown in Figure
3; and
(i) the
speed of construction vessels of the Project shall not exceed 10 knots when
passing through the area of the Project.
Measures to Mitigate Cumulative Impacts due to Concurrent Projects
3.2 The Permit
Holder shall liaise with other Container Terminal Operators within Rambler Channel
to ensure no concurrent dredging works are
undertaken
by other Container Terminal Operators while dredging works are undertaken by the Permit Holder
within the Zones 1 to 6.
3.3 The
Permit Holder shall liaise and update all
project proponents of potentially concurrent projects stated in Figure 4 of this Permit with the
latest project programme to minimise
cumulative impacts and to avoid concurrent dredging activities not assessed in
the approved EIA Report.
Measures to Mitigate Cultural Heritage
3.4 The materials dredged from 20 locations as shown in Figure 5 and the masked zones identified in Appendix
9-6 of the EIA report shall be monitored
for the presence of archaeological ‘finds’ in accordance with the Marine
Archaeological Monitoring Brief requirements set out in Section 8 of the
EM&A Manual of the Project.
Measures to Mitigate Visual/Glare Impact
3.5 The
working lights of the dredgers shall be fitted with visor shield
to limit glare.
3.6 The
working lights of the dredgers shall be switched off when there is no dredging
operation.
4. Submissions and Measures
to be Implemented during Operation of the Project
Measures to Mitigate Water Quality
Impact
4.1 To mitigate water quality impact arising
from maintenance dredging works:
(a) only
one grab dredger with closed grab deployed within the Project Area, the maximum
dredging rate shall not exceed
(b) all
barges/dredgers used shall be fitted with tight fitting seals to their bottom
openings to prevent leakage of material and shall be filled appropriately
during its operation to ensure no overflow of dredged mud will occurred at any
time;
(c) silt
curtains shall be deployed to fully enclose the closed grab dredger unless
otherwise exempted under Environmental Monitoring and Audit Programme; and
(d) the
Permit Holder shall liaise with other Container Terminal Operators within
Rambler Channel to ensure no concurrent maintenance dredging works are
undertaken within the Zones 1 to 6 as shown in Figure
2 of this Permit.
5. Environmental Monitoring and Audit
Requirements
5.1 The
EM&A programme shall be implemented in accordance
with the procedures and requirements as set out in the EM&A Manual
(Register No. AEIAR – 156/2010) and other approved submission under this
Permit. Any major changes to the programme shall be
justified by the ET Leader and verified by the IEC as conforming to the
information and requirements contained in the EM&A Manual before submission
to the Director for approval. The EM&A programme
shall include, among other items, the monitoring of water quality, cultural heritage
and regular site inspection during construction period and water quality only
during maintenance dredging in accordance with the requirements in the approved
EM&A Manual. For EM&A results showing non-compliance of WQO of Flushing
Water at Tsing Yi cooling water intake (WSD1) as
shown in Table 1 of this Permit, Water Supplies
Department shall be informed promptly to allow them to take remedial action at
their Saltwater Pumping Station. The EM&A programme
shall also include monitoring of the potential odour
nuisance arising from accumulation or stockpiling of dredged sediment on barges
prior to their disposal during the construction period.
5.2 Samples,
measurements and necessary remedial actions shall be taken in accordance with
the requirements of the EM&A Manual by:
(a) conducting
baseline environmental monitoring;
(b) conducting
impact monitoring;
(c) carrying
out remedial actions described in Event/Action Plans of the EM&A Manual
(Register No. AEIAR – 156/2010) in accordance with the time frames set out in
Event/Action Plans, or as agreed by the Director, in case where specified
criteria in the EM&A Manual are exceeded; and
(d) logging
and keeping records of details of (a) to (c) above for all parameters within 3
working days of collection of data or completion of remedial action(s), for the
purpose of preparing and submitting the monthly EM&A Reports and to make
available for inspection on site.
5.3 Four hard copies
and one electronic copy of the Baseline Monitoring Report shall be submitted to
the Director at least one month before commencement of construction of the
Project. The submission shall be certified by the ET Leader and verified by the
IEC. Additional copies of the submission shall be made available to the
Director upon his request.
5.4 Four hard
copies and one electronic copy of monthly EM&A Report shall be submitted to
the Director within 10 working days after the end of each reporting month. The
monthly EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance
limits (Action and Limit Levels). In compiling this monthly EM&A Report,
the Permit Holder shall address all relevant cumulative impacts due to
activities of nearby concurrent projects. The submission shall be certified by
the ET Leader and verified by the IEC as complying with the requirements as set
out in the EM&A Manual before submission to the Director. Additional copies
of submission shall be provided upon request by the Director.
5.5 All
environmental monitoring and audit data submitted under this Permit shall be
true, valid and correct.
6. Electronic Reporting of EM&A
Information
6.1 To
facilitate public inspection of the Baseline Monitoring Report and regular
EM&A Reports via the EIAO Internet Website and at the EIAO Register Office,
electronic copies of these Reports shall be prepared in 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 hardcopies as described in Conditions 3.3 and
3.4 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 hardcopies.
6.2 The
Permit Holder shall, within six weeks after the commencement of construction of
the Project, set up a dedicated web site and notify the Director in writing the
Internet address where the environmental monitoring and project data is to be
placed. All environmental monitoring data described in Condition 4.1 above
shall be made available to the public via a dedicated web site to be set up by
the Permit Holder in the shortest practicable time and in no event later than
two weeks after the relevant environmental monitoring data are collected or
become available, unless otherwise agreed with the Director.
6.3 The
Internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring
and project data including the approved EIA Report and the environmental
permit(s) and the project profile of the Project. The Internet website shall
have features capable of:
(a) providing
access to all environmental monitoring data collected since the commencement of
works;
(b) searching
by date;
(c) searching
by types of monitoring data (noise, water and air quality); and
(d) hyperlinks
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 EIAO, and the following notes are for general information
only.
2. If
there is a breach of any condition of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
order the cessation of associated work until the remedial action is taken in
respect of the resultant environmental damage, and in that case the Permit
Holder shall not carry out any associated works without the permission of the
Director or his authorized officer.
3. The
Permit Holder may apply under Section 13 of the EIAO to the Director for a
variation of the conditions of this Permit. The Permit Holder shall replace the
original permit displayed on the Project site by the amended permit.
4. A
person who assumes the responsibility for the whole or a part of the Project
may, before he assumes responsibility of the Project, apply under Section 12 of
the EIAO to the Director for a further environmental permit.
5. Under
Section 14 of the EIAO, the Director may with the consent of the Secretary for
the Environment, suspend, vary or cancel this Permit. The suspended, varied or
cancelled Permit shall be removed from display at the Project site.
6. If
this Permit is cancelled or surrendered during construction or operation of the
Project, another environmental permit must be obtained under the EIAO before
the Project could be continued. It is an offence under Section 26(1) of the
EIAO to construct or operate a designated project listed in Part I of Schedule
2 of the EIAO without a valid environmental permit.
7. Any
person who constructs or operates the Project contrary to the conditions in the
Permit, and is convicted of an offence under the EIAO, is liable:
(i)
on a first
conviction on indictment to a fine of $2 million and to imprisonment for 6 months;
(ii)
on a second or
subsequent conviction on indictment to a fine of $5 million and to imprisonment
for 2 years;
(iii)
on a first
summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iv)
on a second or
subsequent summary conviction to a fine of $1 million and to imprisonment for 1
year; and
(v)
in any case
where the offence is of a continuing nature, the court or magistrate may impose
a fine of $10,000 for each day on which he is satisfied the offence continued.
8. The
Permit Holder may appeal against any condition of this Permit under Section 17
of the EIAO within 30 days of receipt of this Permit.
9. The
Notes are for general reference only and that the Permit Holder should refer to
the EIAO for details and seek independent legal advice.
Environmental Permit No. EP-426/2011
環境許可證編號 EP-426/2011
Table 1. Water Quality Objectives of
|
Parameters |
Parameters Target Value at Intake Point |
|
Colour (Hazen unit) |
< 20 |
|
Turbidity (N.T.U.) |
< 10 |
|
Threshold Odour No. (T.O.N.) |
< 100 |
|
Ammoniacal Nitrogen |
< 1 |
|
Suspended Solids |
< 10 |
|
Dissolved Oxygen |
> 2 |
|
Biochemical Oxygen
Demand (5 days) |
< 10 |
|
Synthetic Detergents |
< 5 |
|
E. coli / 100 mL |
< 20,000 |
Chemical
values expressed in mg/L (parts per million) unless otherwise specified
Environmental Permit No. EP-426/2011
環境許可證編號 EP-426/2011
| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 |
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