Environmental Permit No. EP-442/2012

環境許可證編號 EP-442/2012

 

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 Electrical and Mechanical Services Department (hereinafter referred to as the "Permit Holder") to construct and operate the designated project described in Part B subject to the conditions described in or attached to 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機電工程署 (下稱許可證持有人)以建造及營辦B所說明的指定工程項目,但須遵守C所說明或附載的條件。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-442/2012

Document in the Register

登記冊上文件

(1) EMSD Hong Kong Workshop at Sheung On Street, Chai Wan (Register No. AEIAR-168/2012)

       - Environmental Impact Assessment Report (May 2012) [Hereinafter referred to as the “EIA Report”]

       - Environmental Monitoring and Audit Manual (May 2012) [Hereinafter referred to as the “EM&A Manual”]

       - Executive Summary (May 2012)

       位於柴灣常安街的機電工程署香港車輛維修站 (登記冊編號: AEIAR-168/2012)

       - 環境影響評估報告 (20125) [下稱「環評報告」]

       - 環境監察審核手冊 (20125) [下稱「環監手冊」]

       - 行政摘要 (20125)

 

(2) The Director’s letter of approval of the EIA Report dated 12 July 2012 referenced (10) in AX(1) to EP2/H20/A/12 Pt.2.

       署長於2012712發出批准環評報告的信件,檔案編號: (10) in AX(1) to EP2/H20/A/12 Pt.2.

 

(3) Application for an Environmental Permit submitted by the Permit Holder on 16 July 2012 (Application No. AEP-442/2012)

       許可證持有人於2012716提交的環境許可證申請 (申請書編號 AEP-442/2012)

 

 

 

 

 

                        9 August 2012

                    2012 8 9

Date

日期

 

(Ken Y.K. Wong)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任 黃耀光 )


PART B  ( DESCRIPTIONS OF DESIGNATED PROJECT(S) )

B (指定工程項目的說明)

 

            Hereunder is the description of the designated project(s) 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(s)

指定工程項目的名稱

EMSD Hong Kong Workshop at Sheung On Street, Chai Wan

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

位於柴灣常安街的機電工程署香港車輛維修站
[
這指定工程項目下稱工程項目]

 

Nature of Designated Project(s)

指定工程項目的性質

 

A transport depot located less than 200 m from the nearest boundary of an existing or planned
(a) residential area;
(b) place of worship;
(c) educational institution; or
(d) health care institution

 

運輸車廠,而該車廠的位置距離一個現有的或計劃中的
a)
住宅區;
b)
禮拜場所;
c)
教育機構;或
d)
健康護理機構
的最近界線少於200

Location of Designated Project(s)

指定工程項目的地點        

The project is located at Sheung On Street, Chai Wan. The location of this Project is shown in Figure 1 attached to this Permit.

工程項目位於柴灣常安街。工程項目的位置見載於本許可證夾附的1

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

Construction and operation of the following key elements:

 

(i)        A single storey building, covered by steel shelter with an approximately 5.2m high clearance, with facilities for government vehicle repair and maintenance and parking of government vehicles when not in operation;

(ii)      Access Road; and

(iii) Parking Bays.

 

建造及營辦以下的主要部份

 

(i)        一座樓高約5.2一層高鋼鐵遮蓋結構,提供設施以修理及維修政府車輛及供非操作中的政府車輛停泊;

(ii)      行車通道;及

(iii)     位。

 

 

 

 


PART C (PERMIT CONDITIONS)

C(許可證條件)

 

1.         General Conditions

            一般條件

 

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 and 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 in 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 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 EIA Report, the application documents for environmental permits, 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 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 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 (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      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 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 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 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 no later than one month 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 operation.

           

2.         Specific Conditions

           

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 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 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 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 of the Project 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, 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 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.

 

Management Organization of Main Construction Company

 

2.3               The Permit Holder shall, no later than two weeks 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 venture 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.

 

 

Measures to be Implemented during Construction Stage

 

2.4               To minimize the construction noise impact, raft foundation with shallow footings shall be used for the Project. Pile foundation shall not be used.

 

 

Measures Before and During Operation of the Project

 

Restriction on Project Operation to minimize potential environmental impacts

 

2.5               The quantity of equipment/facility of the Project, with potential noise generated from vehicle maintenance and/or repair, shall be limited to:

no more than 17 no. of vehicle hoists;

no more than 1 no. of Motorcycle Speedometer Calibrator (the Calibrator);

no more than 1 no. of Motorcycle Brake Tester;

no more than 1 no. of Roller Brake Tester;

no more than 1 no. of Tyre Changer;

no more than 1 no. of Wheel Balancer; and

a compressor room with 2 compressors and 2 air dryers.

 

2.6               The regular operation hours of the Project shall be 08:00 to 18:00 hours. The Calibrator shall not be used during 18:00 to 21:00 hours. No vehicle maintenance and/or repair with equipment/facilities indicated in Condition 2.5 above shall be allowed between 21:00 to 08:00 hours.

 

2.7               No vehicle body panel hammering or paint spraying shall be carried out in the Project.

 

2.8               Only government vehicles shall be maintained and/or repaired in the Project. No maintenance and/or repair of government vehicles with a permitted gross vehicle weight exceeding 5.5 tonnes is allowed in the Project.

 

Measures to Mitigate Operational Noise Impact

 

2.9               To mitigate operational noise impact from the Calibrator as shown in Figure 2, the following measures shall be implemented:

 

(a)      to install a 1m high noise barrier consisting of a common plywood board with noise absorbent lining facing the Calibrator and set at 1.5 m from the motor of the Calibrator as shown in Figure 3; and

 

(b)      to install a noise curtain to be hung from roof of the steel shed at the western site boundary as shown in Figures 2 & 3 to mitigate the noise impact to the adjacent future educational institute when it is operational.

 

2.10            To mitigate operational noise impact from air compressors, the air compressors shall be housed in a dedicated compressor room shown in Figure 2.

 

Measures to Mitigate Operational Landscape and Visual Impact

 

2.11            To mitigate operational landscape and visual impacts of the Project, the steel shed cover and the exterior walls/surfaces of the Project shall be painted in dull and light green as shown in Figure 4.

 

2.12            To mitigate operational visual impact of the Project to the adjacent future educational institute, the noise curtain along the western site boundary required in Condition 2.9 (b) above shall be made of non-reflective and opaque materials such that the activities under the steel shed would not be visible to users of the future educational institute when it is operational.

 

Measures for Tree Preservation and Compensation

 

2.13            Ten (10) trees affected by the Project shall be retained in-situ at locations marked in Figure 5. To avoid impairing survival rate of the retained trees, protective measures shall be carried out if pruning of tree canopy is required in accordance with the recommendations made in Table 1.

 

2.14            Off-site tree compensation planting shall be implemented at the EMSD Tuen Mun Vehicle Servicing Station, 202 Lung Mun Road, Siu Lang Shui, Tuen Mun, including the planting of thirty-one (31) heavy standard trees (with tree trunk diameter of at least 75mm as measured at 1.3m above the ground level) at locations indicated in Figure 6.

 

3.         Environmental Monitoring and Audit Requirements

 

3.1        The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the EM&A Manual. 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, and shall seek the prior approval from the Director before implementation.

 

3.2        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  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.

           

3.3        Four hard copies and one 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.

 

3.4        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). 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.

 

3.5        All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

 

 

4.         Electronic Reporting of EM&A Information

 

4.1        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.

 

4.2        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. The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the construction period of the Project, or otherwise as agreed by the Director.

 

4.3        The Internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring and project data including the Project Profile, the approved EIA Report, the Environmental Permit(s) and all finalised submissions required under this Permit. The Internet website shall have features capable of:

 

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

 

(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)     hyperlinks to relevant monitoring data after searching;

 

or otherwise as agreed by the Director.

 

 

 

Table 1: The 10 Trees to be retained on Project site*.

Tree No.

Scientific name

Chinese Common Name

Recommendation

(Retain/Retain + Prune)

T002

Macaranga tanarius

血桐

Retain

T003

Macaranga tanarius

血桐

Retain

T018

Macaranga tanarius

血桐

Retain + Prune

T019

Macaranga tanarius

血桐

Retain + Prune

T020

Macaranga tanarius

血桐

Retain + Prune

T021

Macaranga tanarius

血桐

Retain + Prune

T023

Macaranga tanarius

血桐

Retain + Prune

T027

Macaranga tanarius

血桐

Retain + Prune

T028

Macaranga tanarius

血桐

Retain + Prune

T031

Macaranga tanarius

血桐

Retain + Prune

* Based on Tree Assessment Schedule in EIA Report Appendix 8.1

 

 

 

 

 

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-442/2012

環境許可證編號EP-442/2012     

 

| Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | 


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