Environmental
Permit No. EP-427/2011
環境許可證編號 EP-427/2011
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 Civil Engineering and
Development 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)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-427/2011 |
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Document in the
Register : 登記冊上的文件: |
1.
New Contaminated Mud Marine Disposal Facility at
Airport - Environmental Impact
Assessment (EIA) and Final Site Selection Report - Executive Summary - Environmental Monitoring
and Audit Manual Hereinafter referred to as
the “EIA Report” (Register No.: AEIAR-089/2005). 機場東面/東沙洲一帶的新海上污泥卸置設施 - 環境影響評估(環評)及最終選址報告 - 行政摘要 - 環境監察及審核手冊 下稱 “環評報告” (登記冊編號 : AEIAR-089/2005) 2.
The Director’s letter of approval of the EIA Report
dated 1 September 2005 (Ref.: (3) in Ax(1)
to EP2/N9/C/ 環境保護署長於 (檔案編號 : (3) in Ax(1) to EP2/N9/C/ |
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Document in the
Register : 登記冊上的文件: |
3.
Application for Environmental Permit submitted by
the Permit Holder on 6 October 2011 (Application No.:
AEP-427/2011) 許可證持有人於 (申請書編號：AEP-427/2011) |
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3 November 2011 |
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Date 日期 |
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(Sam W.H. WONG) Principal
Environmental Protection Officer (Regional
Assessment) for Director
of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估) 黃偉康代行) |
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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:
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Title of Designated
Project 指定工程項目的名稱 |
Dredging, Management and Capping of Contaminated
Sediment Disposal Facility to the South of The Brothers (This designated project is hereinafter referred to
as “the Project”) 大小磨刀以南污染泥卸置設施的挖掘、管理及覆蓋工程 (本指定工程項目下稱“工程項目”) |
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Nature of Designated
Project 指定工程項目的性質 |
Construction and operation of a marine dumping area and a dredging
operation exceeding 建造及營辦一個海洋傾倒物料區及挖泥量超過 |
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Location of Designated
Project 指定工程項目的地點 |
South of The Brothers 大小磨刀以南 The location of the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。 |
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Scale and Scope of Designated Project |
The Project is to construct and operate a new contaminated mud marine
disposal facility in a series of purpose-built pits with a total capacity for
handling a maximum of (i)
Dredging of
two seabed pits within the proposed South of The Brothers Facility boundary; (ii)
Backfilling
each of dredged pit with contaminated mud that has been classified as
requiring Type 2 disposal in accordance with the ETWB TC(W) No. 34/2002; and (iii)
Capping each
backfilled pit with uncontaminated mud and/or public fill effectively
isolating the contaminated mud from the surrounding marine environment. 該項目是建造及營辦一個新的海上污泥卸置設施，在一系列專用興建坑總共 處理最多800萬立方米污泥。工程項目主要範圍包括以下各項：－ (i)
在大小磨刀以南設施範圍內挖掘兩個海床坑； (ii)
將根據《環境運輸及工務局技術通告(工務)第34/2002號》所界定為須作第二類處置的污泥回填於每個已挖掘的泥坑內；及 (iii)
利用未受污染淤泥及/或公眾填料覆蓋每個已回填的泥坑，以有效地分隔污泥和附近的海洋環境。 |
PART C (PERMIT CONDITIONS)
C部 (許可證條件)
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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance (Cap.
466). This Permit does not of itself constitute any ground of defense 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
and 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 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 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 recommendations described in the approved EIA Report
(Register No. AEIAR-089/2005), the application for Environmental Permit including all attachments
(Application No. AEP-427/2011) and other relevant documents in the Register,
the information and mitigation measures described in this Permit, mitigation
measures to be recommended in the 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 deposited submissions, as required under this
Permit, shall be rectified and resubmitted in accordance with the comments, if
any, made by the Director within one month of the receipt of the Director’s
comments or otherwise specified by the Director.
1.9
All submissions approved by the Director, all
submissions deposited without comments by the Director, 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 the submissions shall be certified by the Environmental
Team (ET) Leader and verified by the Independent Environmental Checker (IEC)
referred to in Conditions 2.1 and 2.2 below before submitting to the Director
under this Permit.
1.10
The Permit Holder shall release all finalized submissions, as required
under this Permit, to the public by depositing copies in the Environmental
Impact Assessment Ordinance Register Office, or in any other places, or any
internet websites as specified by the Director, or by any other means as
specified by the Director for public inspection. For this purpose, the Permit
Holder shall provide sufficient copies of the submissions.
1.11
All submissions to the Director required under this Permit shall be
delivered either in person or by registered mail to the Environmental Impact
Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130
Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized
submissions required under this Permit shall be prepared in Hyper Text Markup
Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF
version 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies.
1.12
The Director shall be notified in writing the commencement
dates of construction and operation of the Project no later than two weeks
prior to the commencement of construction of the Project. The Director shall be
notified in writing immediately if there is any change of the commencement dates
of 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.
Measures
and Submissions 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 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 of the Project. The ET Leader shall keep a contemporaneous
log-book of each and every instance or circumstance or change of circumstances,
which may affect the compliance with the recommendations of the EIA Report
(Register No. AEIAR-089/2005) and this Permit. The ET Leader shall notify
the IEC within one working day of the occurrence of any such instance or
circumstance or change of circumstances. The ET Leader’s log-book shall be kept
readily available for inspection by all persons assisting in supervision of the
implementation of the recommendations of the EIA Report (Register No. AEIAR-089/2005)
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 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 or email, 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-089/2005) 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.
2.3 The Permit
Holder shall no later than one month before commencement of construction of the
Project deposit with the Director three copies of 1:20 000 scale layout
drawings showing the project boundary and the location of each mud pit with
coordinates. The layout drawings so provided shall conform to the assessment
that has been conducted in the EIA Review Report attached to the application
for Environmental Permit (Application No. AEP-427/2011) and shall show the
tolerable range of accuracy of any plans and/or lines.
2.4 The Permit
Holder shall no later than one month before commencement of construction of the
Project deposit with the Director three copies of 1:1000 scale bathymetric survey
drawings showing the original seabed levels within the project boundary prior
to the construction of the Project.
2.5 The Permit Holder shall no later than one month before commencement of construction of the Project submit to the Director for approval 4 hard copies and 1 electronic copy of an updated EM&A Manual for the Project. 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 Review Report attached to the application for Environmental Permit (Application No. AEP-427/2011).
3.
Measures
to be Implemented during Construction and Operation of the Project
3.2 Dredging
operations within the project boundary shall not exceed
3.3 Backfilling
operations within the project boundary shall not exceed a disposal rate of
3.4 Capping
operations within the project boundary shall not exceed a disposal rate of
3.5 To minimize
the noise impacts at the nearby noise sensitive receivers, no more than six
grab dredgers, seven barges and seven tug boats shall be operated on-site on
each pit.
3.6 Backfilling
with contaminated sediments is permissible up to a level of no less than 3
metres below the lowest seabed level on the periphery of each pit.
3.7 Following
completion of backfilling, the contaminated materials shall be covered by a
layer of at least 3 metres thick of uncontaminated sediments and/or natural
uncontaminated soil to restore the original seabed level as surveyed and
recorded under Condition 2.4 of this Permit. The finished seabed level shall
not protrude from the existing seabed level.
4.
Environmental Monitoring and Audit
(EM&A) Requirements
4.1 The EM&A
programme shall be implemented in accordance with the procedures and requirements
in the EM&A Manual. Any changes to the monitoring and audit
requirements 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 seek
the prior approval from the Director before implementation.
4.2 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 constructional
and operational phase impact monitoring;
c)
carrying out
remedial actions described in the Event/Action Plans of the EM&A Manual in
accordance with the time frame set out in the Event/Action Plans, or as agreed
by the Director, in case where specified criteria in the EM&A Manual are exceeded;
d)
logging and
keeping records of the details of (a) to (c) above for all parameters within 3
working days of the 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 the information for inspection on site.
4.3 4 hard copies and 1
electronic copy of the Baseline Monitoring Report shall be submitted to the
Director at least 2 weeks 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.
4.4 4 hard copies and 1
electronic copy of monthly EM&A Report shall be submitted to the Director
within 2 weeks after the end of the reporting month. The EM&A Reports
shall include a summary of all non-compliance (exceedances) of the
environmental quality performance limits (Action and Limit Levels). The
submissions shall be certified by the ET Leader and verified by the IEC.
Additional copies of the submission shall be provided to the Director
upon request by the Director.
4.5 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 monthly 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
hard copies as described in Conditions 4.3 and 4.4 above 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 The Permit Holder shall, within 6
weeks after commencement of construction of the Project, set up a dedicated
Internet web site and notify the Director in writing the Internet address where
the environmental monitoring data and project information is to be
placed. All environmental monitoring data described in Condition 5.1
above shall be made available to the public via the dedicated Internet web site
in the shortest possible time and in any event no later than 2 weeks after the
relevant environmental monitoring data are collected or become available,
unless otherwise agreed with the Director. All finalized submissions and
plans shall be made available to the public via the dedicated Internet web site
in the shortest possible time and in any event no later than 2 weeks after the
submissions and plans are approved by or deposited with the Director, unless
otherwise agreed with the Director. The Permit Holder shall continue to maintain the dedicated website for
public access of the environmental monitoring data and reports until six months
after the completion of the Project, or otherwise specified by the Director.
5.3 The Internet web site as
described in Condition 5.2 above shall enable user-friendly public access to
the environmental monitoring data and project information including the Project
Profile, EIA report, Environmental Permit(s) and finalized submissions and
plans required under this Permit. The Internet web site shall have features
capable of:
a) providing access to
all environmental monitoring data of this Project collected since the
commencement of construction;
b) providing access to
all finalized submissions as required under this Permit;
c) searching by date;
d) searching by types
of monitoring data; and
e) 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 (Descriptions of Designated
Project) and PART C (Permit Conditions).
Any person relying on this Permit shall 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 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 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 shall refer to the EIAO
for details and seek independent legal advice.
Environmental
Permit No. EP-427/2011
環境許可證編號 EP-427/2011
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