Environmental Permit No.
EP - 451/2013
環境許可證編號 EP-
451/2013
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 (EIAO), the Director
of Environmental Protection (the Director) grants this environmental permit to
the 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：-
19 Sept 2013
2013年9月19日
|
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 黃耀光代 行) |
PART B
( DESCRIPTIONS OF DESIGNATED PROJECT(S))
B部(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
(hereinafter referred to as the “Permit”):-
下列為本環境許可證(下稱“許可證”)A部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 |
Trunk
Road T2 [This designated project is hereinafter referred to
as "the Project"] T2主幹道 |
|
Nature of Designated Project(s) 指定工程項目的性質 |
·
A road which is an expressway, trunk road,
primary distributor road or district distributor road including new roads,
and major extensions or improvements to existing roads; and ·
A road or railway tunnel more than 800 m in
length between portals. ·
屬快速公路、幹道、主要幹路或地區幹路的道路，包括新路及對現有道路作重大擴建或改善的部分；及 ·
入口之間的長度超過800米的行車隧道或鐵路隧道。 |
|
Location of Designated Project(s) 指定工程項目的地點 |
The location
of this Project is shown in Figure
1 attached to this Permit. 工程項目的位置見載於本許可證夾附的圖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: (a)
a dual two-lane trunk road of approximately
3.0 km long with about 2.7 km of the trunk road in form of tunnel; (b)
ventilation and administration buildings and a
traffic control and surveillance system; and (c)
associated civil, electrical, mechanical,
landscaping and environmental protection and mitigation works. 建造及營辦以下的主要部份: (a)
一條約3.0公里長的雙程雙線主幹路，當中 2.7公里為隧道； (b)
通風大樓、行政大樓和一套交通管制和監察系統；及 (c)
相關的土木、電機、機械、環境美化及環境保護和紓減工程。 |
C部 (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 Air Pollution Control Ordinance (Cap. 311), Waste Disposal Ordinance (Cap.
354), Water Pollution Control Ordinance (Cap. 358) and Noise Control Ordinance
(Cap. 400). 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
recommendations described in the EIA Report (Register No.: AEIAR-174/2013), the
application documents for environmental permit (Application No.:
AEP-451/2013), other relevant documents in the Register, the information and
mitigation measures described in this Permit, mitigation measures to be
recommended in submissions that shall be deposited with or approved by the Director
as a result of permit conditions contained in this Permit, and mitigation
measures to be recommended under on-going surveillance and monitoring
activities during all stages of the Project. Where recommendations referred to
in the documents of the Register are not expressly referred to in this Permit,
such recommendations are nevertheless to be implemented unless expressly
excluded or impliedly amended in this Permit.
1.8
All 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 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 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.
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
Submission and/or 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 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 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-174/2013) 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-174/2013) 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 of the Project 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-174/2013) 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.
Management
Organization of Main Construction Companies
2.3
The
Permit Holder shall, no later than one month before the commencement of
construction of the Project, inform the Director in writing the management
organization of the main construction companies and/or any form of joint
ventures associated with the construction of the Project. The submitted
information shall include at least an organization chart, names of responsible
persons and their contact details.
Submission
of Design Drawing of the Project
2.4
The
Permit Holder shall, no later than one month before the commencement of the
construction works of the Project, deposit four hard copies and one electronic
copy of design drawing(s) of the Project with scale of at least 1:1000.
2.5
Submission
of Landscape Mitigation Plan of the Project
The
Permit Holder shall, at least one month before the commencement of construction
of the corresponding component(s) of the Project, deposit with the Director
four hard copies and one electronic copy of a Landscape Mitigation Plan(s). The
Landscape Mitigation Plan (s) shall include, but not limited to, the design of
the tunnel portals and all above ground structures to ensure that the
elements with colour, texture and tonal quality are compatible to the existing
urban context. Also, trees and
shrub planting to minimize the potential adverse landscape and visual impacts
shall be included where space permits.
Roof top greening and vertical greening plan shall also be
provided. The Landscape Mitigation Plan(s) shall be
certified by the ET leader and verified by the IEC as conforming to the
information and recommendations of landscape and visual mitigation measures in
the EIA Report.
Submission and/or Measures to be Implemented Before
and During Construction of the Project
Measures
for Mitigating Landscape and Visual Impact during Construction of the Project
2.6
Decorative screen hoarding shall be designed to be
compatible with the existing urban context and shall be erected around work
areas before commencement of construction and be properly maintained throughout
the construction period.
Measures for
Mitigating Construction Noise Impact
2.7
To
minimize the construction noise impact, the following mitigation measures shall
be implemented:-
(a)
the
use of quieter Powered Mechanical Equipment (PME), including Quality Powered
Mechanical Equipment (QPME) as identified in the EIA report;
(b)
use
of temporary or fixed noise barriers with a surface density of at least 10kg/m2
to screen noise from movable and stationary plant as recommended in the EIA
report; and
(c)
use
of enclosures with covers at top and three sides and a surface density of at
least 10kg/m2 to screen noise from generally static noisy plant as
recommended in the EIA report.
Measures
for Mitigating Ground-borne Noise during Construction of the Project
2.8
The
advancing speed of the Tunnel Boring Machine shall be restricted to not more
than 2m/hr in order to ensure compliance with the daytime ground-borne noise
criteria.
Measures
for Mitigating Construction Dust Impact
2.9
To
minimize the construction dust impact, the following dust mitigation measures
shall be implemented:-
(a)
watering
of the active works areas and exposed areas once
per hour to reduce dust emissions;
(b)
dust
enclosures with watering along the loading ramps and conveyor belts for
unloading the C&D materials to the barge for dust suppression; and
(c)
3-sided
barriers around the stocking areas Works Area 3 and Works Area 4 (as shown in Figure 1 attached to this permit)
Submission
and Measures for Mitigating Land Contamination Impact
2.10
To ascertain the extent and level of land contamination and
formulate necessary remedial measures, the permit holder shall:-
(a)
carry
out supplementary works for the areas below:-
·
for
Works Area 2 (as shown in Figure 1
and 2 attached to this permit) – a
review of potential hotspots by reconnaissance visit shall be conducted if it
is confirmed to be used as a work area for the project. If affirmative, Supplementary
Contamination Assessment Plan (CAP) shall be submitted to the Director for
approval and the relevant Supplementary Site Investigation (SI) shall be
carried out; and
·
for
locations EH01 and EH03 (as shown in Figure
2 attached to this Permit)- a supplementary SI to complete the land
contamination assessment shall be conducted in accordance with the requirement
as set out in the CAP in the EIA report.
(b)
no
later than two months after the completion of the supplementary works in (a)
above, submit to the Director for approval four hard copies and one electronic
copy of Contamination Assessment Report (CAR) to document the findings of the
supplementary land contamination investigation works and assessment on the
nature and extent of land contamination;
(c)
if
land contamination is confirmed, submit to the Director for approval four hard
copies and one electronic copy of Remedial Action Plan (RAP) to formulate necessary
remedial measures. All remedial measures described in the approved RAP
shall be fully and properly implemented;
(d)
if
remediation is required, deposit with the Director four hard copies and one
electronic copy of Remediation Report (RR), no later than one month after the
completion of the remediation works.
The RR shall provide details on the remediation works carried out, types
and volume of contaminated soil, standards and levels of treatment, and locations
of all on-site and off-site disposal sites (including record of disposal). No construction works shall be carried
out prior to the EPD's endorsement of the said RR.
Before
submission to the Director, the CAR, RAP and RR shall be certified by the ET
Leader and verified by the IEC as conforming to the information and
recommendations contained in the EIA Report.
Measures for Mitigating Water Quality Impact
2.11 No
dredging, reclamation or filling in the marine environment shall be carried
out.
Submissions and/or Measures to be Implemented Before
and During Operation of the Project
Measures
and Submission for Mitigating Landscape and Visual Impact before Operation
of the Project
2.12
The
landscape and visual mitigation measures shall be implemented in accordance
with the recommendations of the Landscape Mitigation Plan(s) deposited under
Condition 2.5 above. The Permit Holder shall, at least one month before the
commencement of operation of the Project, deposit with the Director four hard
copies and one electronic copy of the As-Built Drawing(s) of the Project, which
shall be certified by the ET Leader and verified by the IEC as conforming to
the recommendations of the Landscape Mitigation Plan(s) deposited under
Condition 2.5 above. The landscape and visual mitigation measures shall be
properly maintained during operation of the Project.
3.
Environmental Monitoring and Audit
(EM&A) 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 change to the EM&A requirements or programme shall be justified
by the ET Leader and verified by the IEC as conforming to the relevant
requirements set out 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 the Event/Action Plans of the EM&A Manual
in accordance with the time frames 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; and
(d) logging
and keeping records of details of 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 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 the commencement of construction of the Project. The submissions
shall be certified by the ET Leader and verified by the IEC as complied with
the requirements as set out in the EM&A Manual before submission to the
Director. Additional
copies of the submission shall be provided upon request by the Director.
3.4
Four hard copies and one electronic copy of monthly
EM&A Report shall be submitted to the Director within 2 weeks after the end
of each reporting month throughout
the entire construction period. The EM&A Reports shall include a summary of
all non-compliance. The submissions 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 the
submission shall be provided to the Director upon request by the Director.
3.5
All EM&A data submitted under this Permit shall be
true, valid and correct.
4.
Electronic Reporting of EM&A
Information
(a) providing
access to all environmental monitoring data collected since the commencement of
construction and all submissions under this permit;
(b) searching
by date;
(c) searching
by types of monitoring data; and
(d) hyperlinks
to relevant monitoring data after searching.
or
otherwise as agreed by the Director.
Notes:
註:
1.
This Permit consists of three parts, namely, Part A (Main Permit), Part
B (Description of Designated Project(s)) 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.
本許可證共有3部，即A部 (許可證主要部分)；B部 (指定工程項目的說明) 及C部 (許可證條件)。任何援引本許可證的人士須就環評條例的法律含意徵詢獨立法律意見，下述註解只供一般參考用。
2.
If there is a breach of any conditions 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.
如違反本許可證的任何條件，署長或獲授權人員徵得環境局局長的同意後可勒令停止相關工程，直至許可證持有人為所造成的環境損害採取補救行動為止。在此情況下，許可證持有人未經署長或獲授權人員同意，不得進行任何相關工程。
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.
許可證持有人可根據環評條例第13條的規定向署長申請更改本許可證的條件。許可證持有人須把經修改的許可證替換在工程項目工地內展示的原有許可證。
4.
A person who assumes the responsibility for the whole
or a part of the designated project(s) may, before he assumes responsibility of
the designated project(s), apply under Section 12 of the EIAO to the Director
for a further environmental permit.
承擔工程項目整項或部分工程的責任的人，在承擔責任之前，可根據環評條例第12條的規定向署長申請新的環境許可證。
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.
根據環評條例第14條的規定，署長可在環境局局長的同意下暫時吊銷、更改或取消本許可證。遭暫時吊銷、更改或取消的許可證必須從工程項目工地除下，不再展示。
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.
如果本許可證在工程項目建造或營辦期間取消或交回，則在繼續進行工程項目之前，必須先根據環評條例規定取得另一份環境許可證。根據環評條例第26(1)條的規定，任何人在沒有有效環境許可證的情況下建造或營辦環評條例附表2第I部所列明的指定工程項目，即屬犯罪。
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:
如任何人在違反本許可證的條件下建造或營辦工程項目，根據環評條例，即屬犯罪-
(i)
on a first conviction on indictment to a fine of $2
million and to imprisonment for 6 months;
一經循公訴程序首次定罪，可處罰款200萬元及監禁6個月；
(ii) on a
second or subsequent conviction on indictment to a fine of $5 million and to
imprisonment for 2 years;
一經循公訴程序第二次或其後每次定罪，可處罰款500萬元及監禁2年；
(iii) on a
first summary conviction to a fine at level 6 and to imprisonment for 6 months;
一經循簡易程序首次定罪，可處第6級罰款及監禁6個月；
(iv) on a
second or subsequent summary conviction to a fine of $1 million and to
imprisonment for 1 year; and
一經循簡易程序第二次或其後每次定罪，可處罰款100萬元及監禁1年；及
(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.
在任何情況下如該罪行屬連續性質，法院或裁判官可就其信納該罪行連續的每一天另處罰款10,000元。
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.
許可證持有人可在接獲本許可證後30天內，根據環評條例第17條就本許可證的任何條件提出上訴。
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.
上述註解只供一般參考用，欲知有關詳情，許可證持有人須參閱環評條例及徵詢獨立法律意見。
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