Environmental Permit No. EP-179/2004/A

環境許可證編號EP-179/2004/A

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & Section 13

環境影響評估條例

(第499章)

第10條 10 及 13 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

PART A (MAIN PERMIT)

A部 (許可證主要部分)

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit (No. EP-179/2004) to the Architectural Services Department (hereinafter referred to as the "Permit Holder") on 6.4.04. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit No. EP-179/2004 based on the Application No. VEP-159/2004. The amendments described below, are incorporated into this Environmental Permit (EP-179/2004/A). This Environmental Permit as amended is for the construction and operation of the designated projects described in Part B of this Permit subject to the conditions described in and attached to Part C of this Permit.

根據環境影響評估條例(條例) 第10條的規定，環境保護署署長(署長) 於2004年 4月 6日將環境許可證(編號 EP-179/2004)批予建築署(下稱"許可證持有人")。根據條例第13條的規定，署長因應更改環境許可證的申請編號VEP-159/2004修訂環境許可證編號EP-179/2004。以下修訂已包含在本環境許可證內(EP-179/2004/A)。本經修訂的環境許可證作為建造及營辦B 部所說明的指定工程項目，但須遵守本許可證C 部所說明或附載的條件。

This Environmental Permit is based on the documents, approvals and permissions described below:

本環境許可證乃依據下列文件、批准及許可條件而簽發 –

Application No. 申請書編號：		VEP-159/2004
Document in the Register: 登記冊上的文件：		(1) Reprovisioning of Diamond Hill Crematorium (Register No. AEIAR-076/2004) 重置鑽石山火葬場 (登記冊編號：AEIAR-076/2004) - Environmental Impact Assessment Report (Final) (January 2004) – Volume 1 and Volume 2 [hereinafter referred to as the "EIA Report"] - 環境影響評估最終報告 (2004年1月) - 第一冊和第二冊 [下稱「環評報告」] - Environmental Monitoring and Audit (EM&A) Manual (January 2004) - 環境監察審核手冊 (2004年1月) - Executive Summary (January 2004) - 摘要 (2004年1月) (2) The Director’s letter of approval of the EIA Report dated 30.3.2004 in (36) in EP2/K11/Q/05 Part 3 署長已於2004年3月30日發出該環評報告的批准信，檔案編號(36) in EP2/K11/Q/05 Part 3
		(3) Application for Environmental Permit dated 13 November 2003 (Application No. AEP-179/2003) 許可證持有人於2003年11月13日提交的環境許可證申請文件(申請書編號AEP-179/2003) (4) Environmental Permit issued – Permit No.: EP-179/2004 issued on 6 April 2004. 已簽發的環境許可證 - 許可證編號: EP-179/2004 於2004年4 月6日簽發。 (5) Application for Variation of an Environmental Permit No. VEP-159/2004. [Hereafter referred to as “the Application VEP-159/2004”] 申請更改環境許可證編號VEP-159/2004。[下稱“申請書編號VEP-159/2004”]

	Date 日期		(Simon Hui) Acting Assistant Director of Environmental Protection (Environmental Assessment and Noise) for Director of Environmental Protection 環境保護署署長 (署理助理署長 (環境評估及噪音) 許一鳴代行)

PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)

B部 (指定工程項目的說明)

Hereunder is the description of the designated projects 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 Projects

指定工程項目的名稱

1) Reprovisioning of Diamond Hill Crematorium

2) Decommissioning of the existing Diamond Hill Crematorium

[The above designated projects are collectively referred to as “the Project” hereinafter]

1) 重置鑽石山火葬場

2) 拆除現有鑽石山火葬場及其設施

[以上指定工程項目合稱「工程項目」]

Nature of Designated Projects
指定工程項目的性質

Construction and operation of a new crematorium plus demolition of the existing crematorium which was once used as a clinical wastes incinerator .

建造及營辦一所新火葬場；和拆卸現有的火葬場 (此火葬場曾用作焚化醫療廢物)。

Location of Designated Project

指定工程項目的地點

Diamond Hill. The location of the project is shown in Figure 1 attached to this Permit.

鑽石山。圖 1 顯示工程項目的位置。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

1) Construct and operate a new crematorium of 6 new cremators with supporting facilities include 4 service halls, automatic coffin transportation system, offices, E&M and fire services facility.

2) Decommission the existing crematorium after the satisfactory commissioning of the new one.

1) 建造及營辦一所內設六組火化爐的新火葬場。其配套設施包括４個禮堂、一套靈柩自動運輸系統、辦公室、機電和消防設備。

2) 在新火化爐順利運作後，拆卸現有的火葬場。

Application No.

申請

編號

Date of Application

申請

日期

List of Amendments Incorporated into Environmental Permit

已包含在環境許可證內的修訂項目

Date of Amendments

修訂

日期

VEP-159/2004

22 November 2004

Vary Condition 3.10, 3.12 & 3.14 in Part C and replace Figures 1, 2, 5A and 5B of Environmental Permit No. EP-179/2004.

21 December 2004

2004年

11月22日

更改環境許可證編號EP-179/2004 C部第 3.10, 3.12及3.14項條件和圖1, 2, 5A及5B.

2004年12月 21 日

PART C (PERMIT CONDITIONS)

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 (EIA) Ordinance (Cap.499) and may become the subject of appropriate action being taken under the Ordinance.

1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including without limitation to the Noise Control Ordinance (Cap.400), Air Pollution Control Ordinance (Cap.311), Water Pollution Control Ordinance (Cap.358), Dumping at Sea Ordinance (Cap.466) and Waste Disposal Ordinance (Cap.354). This Permit does not of itself (a) constitute any ground of defence against any proceedings instituted under any legislation or (b) 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 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 EIA Ordinance Register Office.

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 the construction, operation and decommissioning 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 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 new crematorium, and decommission the existing crematorium as described in Part B of this Permit.

1.7 The Permit Holder shall ensure that the new crematorium is designed, constructed and operated, and the existing crematorium is decommissioned, in accordance with the information and recommendations described in the approved EIA report, EIA Executive Summary, EM&A Manual (Register No. AEIAR-076/2004), and other relevant documents in the EIA Ordinance Register Office, 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 EIA Ordinance Register Office 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, 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 EIAO (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under the Permit.

1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11 The Permit Holder shall notify the Director in writing the commencement date of the Project at least one month before the commencement of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date.

1.12 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIA Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized submissions required under this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies.

1.13 For the purpose of this Permit, "commencement of the Project" includes commencement of all new crematorium construction and existing crematorium demolition works except site clearance and preparation, contamination investigations or other works as agreed by the Director.

2. Submission or Measures before Commencement of Construction of Certain Parts of the Project

Employment of Environmental Monitoring & 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 the Project. The ET shall not be in any way an associated body of the Contractor or the 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’ experience in 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 and in the approved EIA Report (Register No. AEIAR-076/2004). The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the findings of the approved EIA Report (Register No. AEIAR-076/2004) and each and every non-compliance with the recommendations of the approved EIA Report or this Permit. The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstance. This log-book shall be kept readily available for inspection by all persons assisting in the supervision of the implementation of the recommendations of the approved EIA Report (Register No. AEIAR-076/2004) 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 Independent Environmental Checker (IEC) shall be employed by the Permit Holder no later than one month before the commencement 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’ 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 programme including the implementation of all environmental mitigation measures described in the approved EIA report (Register No.: AEIAR-076/2004), submissions required in the EM&A Manual and any submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the approved EIA Report (Register No. AEIAR-076/2004) and this Permit, which might affect the monitoring or control of adverse environmental impact 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 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, at least one week before the commencement of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures appointed for the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

Submission of a Works Schedule

2.4 The Permit Holder shall deposit a detailed works schedule to the Director at least one week before the commencement of the Project. The schedule shall include an update work programme indicating dates of commencement of Phase I and Phase II works, the various milestones and the anticipated schedule of submissions under Phase I and Phase II works to reflect the submission requirements set out in Condtions 3.2, 3.7, 4.3, 5.2, 5.3, 5.8, 5.10 and 5.17 of this Permit.

Measures to mitigate environmental impacts through Design of New Crematorium

2.5 No more than 6 new cremators shall be installed at the new crematorium and their total maximum loading shall not exceed 1180 kg/hour.

2.6 No more than 4 units of joss paper burners, each of a maximum size of 1.5 m (L) x 1.5m (W) x 1.1 m (H), shall be installed at the new crematorium.

2.7 Non-reflective material finishes with colour tone recessive to the surrounding, shall be used on the new crematorium building.

2.8 The outdoor areas shall be landscaped including planting trees in accordance with the Master Landscape Plan in Figure 3 of this Permit. The Permit Holder shall provide planting at the periphery of the new Crematorium building to screen and soften the overall appearance of the new Crematorium.

2.9 The new underground fuel tank to be installed shall be designed and constructed with the following precautionary measures / features:

s The underground fuel tank shall be placed within a concrete pit to avoid direct contact with soil and the concrete pit shall be accessible to allow annual tank integrity test;

s Diesel fuel pipelines shall be installed aboveground. Underground fuel piping, if unavoidable, shall be contained in concrete lined trenches; and

s Meters shall be installed at two ends of a fuel pipeline to detect any pressure drop or leakage.

2.10 The total capacity of the fuel storage tanks in the New Crematorium shall be limited to 34,000L.

3. Submission or Measures during the Construction and Demolition of Certain Parts of the Project (Phase I Works)

3.1 For the purpose of this Permit, Phase I Works refers to the construction of the six new cremators and major ancillary facilities of the new crematorium including two service halls and demolition structures including the existing sitting out areas, at the southern part of the Project site, referred as Phase I Area in Figure 2 of this Permit.

Submission of Waste Management Plan (Phase I WMP) for Phase I Works

3.2 The Permit Holder shall deposit three hard copies and one electronic copy of a Waste Management Plan for the Phase I Works of the Project, to the Director no later than six weeks after the commencement of Phase I Works. Before submission to the Director, the WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004) and in the supplementary contamination assessment report submitted under Condition 3.7. The WMP shall cover the different categories of wastes, excavated material and contaminated soil to be generated from the Phase I Works and shall at least contain:

a) estimated quantity to be generated, reused or disposed; source of generation; and level of contamination and remediation required (if applicable);

b) timing of waste arising; temporary on-site stockpiling / storage areas and arrangement for on-site sorting of C&D materials;

c) possible recycling and reuse of materials and measures to enhance materials reuse / recycling;

d) nature and storage method for chemical wastes generated;

e) final disposal outlets for surplus excavated materials and wastes, C&D wastes, and contaminated soil (including the associated permit requirements for the disposal), transportation route(s) and means for the disposal of various types of wastes (particularly contaminated soil) from the project site to the disposal site(s);

f) implementation of the trip ticket system for waste transfer/disposal operations;

g) measures to control nuisances and environmental impacts (such as air quality and water quality) due to generation, handling, storage, remediation and transportation of waste(s), in particular to avoid loss of contaminated soil; and

h) organization structure and individual responsibility for the implementation of waste management.

3.3 The Permit Holder and any person working on the Project shall fully and properly implement all measures recommended in the Phase I WMP throughout the Phase I Works period.

3.4 No waste, spoil, soil, excavated materials or materials alike arising from the Project shall be dumped in environmentally sensitive areas including designated country parks, sites of special scientific interest and conservation areas.

3.5 Excavated materials or materials alike arising from the Project shall be reused in the Project Site. Surplus excavated materials and wastes, construction and demolition wastes and contaminated materials shall properly be disposed of at the designated waste disposal facilities as specified in the Waste Disposal Ordinance (Cap. 354) or other location(s) as agreed with the Director.

Submission of Supplementary Land Contamination Assessment (SCA) for CLP Secondary Substation at Phase I Area

3.6 The Permit Holder shall carry out supplementary contamination assessment (SCA) for the existing CLP secondary substation, as shown in Figure 4 of this Permit, to identify the extent of land contamination at this area in particular contamination by Polychlorinated Biphenyl (PCB).

3.7 The Permit Holder shall submit a sampling and analysis plan to the Director for agreement at least two weeks before the commencement of investigation works for the SCA. After the completion of investigation works, a SCA report detailing the sampling and analysis results, identification of contaminants and quantity of contaminated soil shall be submitted to the Director for approval at least one month before the demolition of CLP Secondary Substation. If contamination exceeding the “Dutch B” levels as listed out in Appendix A of this Permit is detected at the CLP Secondary substation area, a remediation proposal with disposal outlet for contaminated soil shall also be included in the SCA report. Before submission to the Director, the sampling and analysis plan and the SCA report shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004).

3.8 The Permit Holder shall follow the remediation proposal in the approved SCA report to remedy and dispose the contaminated soil at this area. The Permit Holder shall provide the safety measures as listed out under Condition 5.16 to protect the workers engaged in the soil remedial works.

Measures to Mitigate Landscape and Visual Impacts

3.9 Site hoarding of at least 2.4 m shall be constructed around the Site boundary to screen the works site.

3.10 The Permit Holder shall appoint a landscape contractor for the establishment and maintenance of the transplanted trees for 12 months upon completion of the tree transplantation, and the establishement and maintenance of the new trees for 12 months upon completion of the new tree planting works.

3.11 The trees immediately adjacent to the Project Site, that are to be retained, shall be protected by fencing around the area covered by the spread of the trees and groups of trees with hoarding. The fencing for individual trees or groups of trees shall remain intact throughout the whole construction period and no works shall take place within the fenced area. Additional protection shall be provided to individual tree trunks to avoid damage by machinery.

3.12 The 11 mature and semi-mature protected tree species and 9 protected bush / shrub and immature trees as shown in Figure 5A and Figure 5B of this Permit shall be transplanted to the sheltered and well maintained planted areas within the Project site prior to the commencement of construction works.

3.13 Topsoil excavated from the site during construction shall be reused for landscaping work upon completion of construction work.

3.14 New tree planting (including transplanted trees) shall be provided on a one-for-one basis to replace the 172 nos. trees (inclusive of bush / shrubs / immature trees) to be removed.

Measures to Mitigate Noise Impacts

3.15 Silenced [1] powered mechanical equipment (PME) shall be used throughout the period of construction of the new crematorium and demolition of existing crematorium. The silenced PMEs to be used shall include, but not limited to, breaker, poker, mobile crane, bulldozer, excavator, truck mixer, concrete pump, generator and air compressors.

3.16 Movable barriers shall be applied to shield the demolition and site formation work activities in close proximity to the schools to the north of the site (including the new private school at Po Kong Village Road School Village currently under construction, Po Leung Kuk Grandmont Primary School) and the staff quarter for Diamond Hill Crematorium. The barriers shall be of 3 to 5 m in height with a cantilevered upper portion, skid footing, placed within a few metres from the stationary plant and no more than 5m from a mobile equipment. The noise barriers or screens shall be constructed of materials with a minimum superficial density of 15 kg/m² and they shall have no openings or gaps.

3.17 The Permit Holder shall hold regular liaison meetings at a frequency no less than bi-monthly, with the representatives of the nearby schools to discuss construction noise impacts particularly during school examination period.

3.18 No piling works shall be carried out at the Site.

4. Submission or Measures During the Commissioning of New Cremators

4.1 To avoid introducing additional chimney emissions to the environment, the Permit Holder shall limit the total number of cremators in operation, accounting for both existing cremators in normal services and new cremators under commissioning test and / or operation, to no more than 6 at any time during the commissioning period of the new cremators.

4.2 The Permit Holder shall maintain an operational log-book to record the operational time of each new and existing cremator during the commissioning period and provide the log-book for ET/IEC audit. Upon completion of commissioning of the new cremators, the existing cremators shall be decommissioned. The log book shall be certified by the ET Leader and verified by the IEC as accurate.

Submission of an Environmental Management Plan (EMP)

4.3 The Permit Holder shall deposit an EMP to the Director, at least one month before the commencement of the commissioning tests of the new cremators. Before submission to the Director, the EMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004). The EMP shall cover the management practices and measures to be carried out during the commissioning and operation of the new cremators to ensure the long term operation of the new crematorium will satisfy the relevant environmental legislation and regulations:

s Environmental management structures and responsibilities for personnel responsible for the implementation of the EMP;

s Commissioning schedule / administrative arrangement to ensure no more than 6 cremators (new and old cremators) would be in operation during commissioning phase;

s Operator staff training;

s Operation, management, monitoring and maintenance procedures for new cremators, APC system, fuel storage tank, joss paper burners etc.;

s Event contingency plan ;

s Spill response plan;

s Environmental complaint investigation / handling procedures;

s Waste management requirement for the new crematorium operation;

s Key environmental issues associated with the commissioning and operation of the new crematorium and details of the mitigation measures (including the responsible party, location and timing for implementation); and

s Odour patrol requirement and line of reporting and corrective actions to be taken when staff detects odour nuisance during odour patrol.

4.4 Operation, monitoring, management and maintenance practices set out in the deposited EMP shall be implemented during the commissioning and operation of the new cremators.

5. Submission or Measures During the Construction and Demolition of Certain Parts of the Project (Phase II Works)

5.1 For the purpose of this Permit, Phase II Works refers to the demolition of the existing crematorium building and the construction of the remaining ancillary facilities including another two service halls at the northern part of the Project Site, referred as Phase II Area in Figure 2 of this Permit.

Submission of Phase II Works Waste Management Plan (Phase II WMP)

5.2 The Permit Holder shall deposit three hard copies and one electronic copy of a Waste Management Plan for the Phase II Works of the Project, to the Director no later than six weeks after the commencement of the Phase II Works. Before submission to the Director, the Phase II WMP shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004) and in the further contamination investigation report(s) approved under Conditions 5.3, 5.8 and 5.10 of this Permit. The Phase II WMP shall contain the information listed in Condition 3.2 above and cover different categories of wastes, asbestos containing materials, dioxin/furan contaminated materials, contaminated soil/materials, construction and demolition materials and excavated materials arising from Phase II Works. The Permit Holder and any person working on the Project shall fully and properly implement all measures recommended in the Phase II WMP throughout the construction period. Excavated materials or materials alike arising from the Project shall be reused in the Project Site. Surplus excavated materials and wastes, construction and demolition wastes and contaminated materials shall properly be disposed of at the designated waste disposal facilities as specified in the Waste Disposal Ordinance (Cap. 354) or other location(s) as agreed with the Director.

Submission of Contaminated Materials Investigation Report for Phase II Works

5.3 The Permit Holder shall submit to the Director for approval, a contaminated materials investigation report at least 1 month before the demolition of the existing crematorium building as shown in Figure 4 of this Permit. The investigation shall assess the level of dioxin, polyaromatic hydrocarbon (PAH) and heavy metals contamination in the depositions / building structures in the existing crematorium building, in particular chimney, flue and cremators. At least 4 weeks before the commencement of contaminated materials investigation works, the Permit Holder obtain the Director’s agreement on the sampling and analysis plan. The investigation works shall be carried out in accordance with the agreed sampling and analysis plan.

5.4 Upon completion of the investigation works, the Permit Holder shall prepare and submit to the Director for approval a contaminated materials investigation report. The report shall present the findings of the investigation works and contain a demolition plan including building surface decontamination protocols, demolition method, and method for handling, remediation and disposal of the contaminated materials if contamination^[2]is confirmed to be present at the depositions / building structure.

5.5 The sampling / analysis plan and the contaminated materials investigation report submitted under Conditions 5.3 and 5.4 shall be certified by the ET and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004) before submission to the Director. Demolition of the existing crematorium building shall not commence until the contaminated materials investigation report is approved by the Director.

Measures to Control Demolition of the Existing Crematorium Building

5.6 If the investigation mentioned in Condition 5.3 above indicates that depositions / building structures inside the existing crematorium building (including interior depositions on the existing chimney, flue and cremators) are contaminated, the Permit Holder shall fully implement the measures / methods recommended in the contaminated materials investigation report approved under Condition 5.3 and in accordance with the method outlined in Appendix B of this Permit, to demolish the existing crematorium building and to handle and dispose of the contaminated materials arising.

5.7 All contaminated materials (including asbestos) shall be removed prior to the demolition of the existing crematorium building unless the contaminant could only be removed when access is granted to particular areas as the demolition progresses. Asbestos containing materials shall be removed / abated prior to the removal of other contaminated materials inside the main crematorium building.

Submission of Confirmatory Analysis of Subsurface Soil for PAH, Dioxin and Heavy Metals Contamination Around Existing Crematorium Chimney at Phase II Area

5.8 The Permit Holder shall carry out confirmatory analysis of PAH, dioxin and heavy metals for surface soil samples from locations S1 to S6, as shown in Figure 6 of this Permit, to confirm if there is other contamination in the soil in addition to tin and lead contamination at locations S3 & S5 as identified in the EIA, due to the continuous operation of the existing crematorium since the completion of the EIA report. A confirmation report detailing the findings of the confirmatory analysis and a remediation action plan should be submitted to the Director for approval at least one month before the commencement of construction / building works at Phase II area if other contaminants are found with exceedance of the “Dutch B” levels as given in Appendix A of this Permit. Before submission to the Director, the report shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004)

Measures and Submissions to Control the Removal of Underground Fuel Storage Tank for Phase II Works

5.9 The content of the underground fuel tank and the associated fuel pipeline shall be emptied prior to removal. Sludge or sediment remaining in the tanks or pipeline shall be removed for disposal as chemical waste.

5.10 The Permit Holder shall retain a qualified environmental specialist to inspect the underground fuel tank removal with special reference to the base of the excavations after the tank removal for any visual or olfactory evidence of fuel contamination. The Permit Holder shall notify the Director within 3 days after the completion of the tank removal, the inspection findings. The Permit Holder shall collect confirmatory soil samples in accordance with ProPECC 3/94 for Total Petroleum Hydrocarbon (TPH) analysis if fuel contamination is suspected following excavation inspections. If confirmatory soil samples indicate TPH contamination exceeds the “Dutch B” level given in Appendix A of this Permit, the Permit Holder shall submit a detailed remediation action plan to the Director for approval no later than one month after the completion of the tank removal. Before submission to the Director, the detailed remediation action plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004). The qualification and experience of the qualified environmental contamination specialist shall be certified by the ET Leader and verified by the IEC.

5.11 No construction works shall be conducted at the underground fuel storage tank area, as indicated in Figure 4 of this Permit, until the approval by the Director of the remediation action plan, if any, submitted under Condition 5.10.

Measures to Remediate Contaminated Soil

5.12 The Permit Holder shall clean up the soil at the contamination hotspots identified in the approved EIA report (Register No.: AEIAR-076/2004), also referred to in Condition 5.13 of this Permit, and any other additional hotspots identified in the supplementary contamination investigations completed under Conditions 3.7, 5.8 and 5.10 of this Permit, in accordance with the remediation action plan(s) approved under Conditions 3.7, 5.8 and 5.10 of this Permit such that the remediation targets of the “Dutch B” levels set out in Appendix A of this permit are fully met for all contaminants identified.

5.13 The Permit Holder shall excavate the heavy metals (i.e. tin and lead) contaminated soil identified at the hotspots S3 & S5 as shown in Figure 6 of this Permit for disposal at landfill.

5.14 Following excavation of heavy metals contaminated soil, the Permit Holder shall take 4 verification samples from the soil left on the north, south, east, west faces of the contaminated soil excavation pit and a sample at the base of the excavation pit for testing to confirm that all contaminated materials that fail to meet the “Dutch B” levels have been excavated. Excavation shall be extended by a further 5m radius in the quadrant where the contaminated sample is encountered, or by a further 0.5 m depth if the contaminated sample is from the base of the excavation until all the samples taken from the excavation pit are below or equal to that of the “Dutch B” levels. When the ET and the IEC confirm / verify the test results and agree that no material exceeding the “Dutch B” levels still remains in the excavation pit, the Permit Holder shall inform the Director in writing, that all contaminated soil has been excavated within 1 week of the receipt of verification test results. The test results shall be reported in the following EM&A monthly report.

Measures to Control Soil Excavation/Remediation

5.15 The Permit Holder shall implement, but not limited to, the following mitigation measures during the remedial works to prevent pollution / nuisances :

s use bunds or perimeter drains to prevent run-off water from entering contaminated soil excavation pits

s cover the excavations whenever rainstorms are expected to occur;

s dispose of all excavated contaminated soil to designated disposal location(s) or locations agreed by the Director, on a daily basis;

s vehicles used for transporting contaminated soil should be sheeted to prevent the dispersion of contaminated soil during transportation and the wheels of the vehicles should be washed prior leaving the site; and

s implement mitigation measures in the Phase II WMP submitted under Condition 5.2 above to control nuisance associated with the handling and transportation of contaminated soil.

5.16 The Permit Holder shall provide the following safety and protective measures to the workers engaged in the remediation works throughout the period of remediation works:

s Protective footwear,

s gloves,

s dust masks;

s overalls; and

s a clean area with washing facilities.

Submission of Remediation Report (RR)

5.17 The Permit Holder shall deposit three hard copies and one electronic copy of a RR to the Director no later than one month after the completion of all the remediation works to demonstrate the remediation works for the Project meets the requirements of the approved EIA report (Register No. AEIAR-076/2004) and requirements of the submissions approved under Conditions 3.7, 5.3, 5.8 and 5.10 of this Permit. The RR shall provide detailed information on the remediation works carried out, types and volume of contaminated soil / materials treated on site, standards and levels of treatment, and locations of all off-site disposal sites (including record of disposal). The RR shall be certified by the ET Leader and verified by IEC as conforming to the information and recommendations contained in the approved EIA Report (Register No. AEIAR-076/2004) prior to submission to the Director.

Mitigation Measures to prevent Nuisance

5.18 Noise control and landscape and visual measures described in Conditions 3.9 to 3.18 shall be fully implemented throughout the Phase II Works.

6. Submission or Measures Before and During Operation of the New Crematorium

6.1 The number of cremations for the new crematorium shall be no more than 6 cremations per cremator per day.

6.2 No pathological / clinical wastes shall be processed at the new crematorium.

6.3 Operation, monitoring, management and maintenance practices set out in the deposited EMP shall be implemented during the commissioning and operation of the new cremators to ensure the upkeep of the environmental management standards set out in the EMP.

6.4 No cremation shall be carried out beyond the period between 09:30 am and 7:30 pm each day.

High Degree of Transparency of the Project

6.5 To ensure a high degree of transparency regarding the performance of the new crematorium in view of the public concern about the Project, the environmental monitoring data and results relating to the environmental monitoring and audit programme described in the EIA report and any enhanced frequency of monitoring works considered applicable under other relevant environmental protection and pollution control ordinances or in agreement separately with the Director, shall be released to the public in the form of environmental monitoring and audit reports through a project web site to be set up by the Applicant under Condition 8.2 of this Permit, in the shortest possible time and in no event later than 2 weeks after such information is available.

7. Environmental Monitoring and Audit (EM&A) Requirements during Construction Period

7.1 The EM&A programme for the construction period of the Project shall be implemented as set out in the EM&A Manual . Any changes to the EM&A programme 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 be approved by the Director.

7.2 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 on construction dust and construction noise;

(b) conducting impact monitoring on construction dust, construction noise, and tree transplant operations;

(c) carrying out remedial actions described in the Event/Action Plans of the updated EM&A Manual in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director;

(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.

7.3 The Permit Holder shall submit three hard copies and one electronic copy of the Baseline Monitoring Report to the Director at least 2 weeks before the commencement of the Project. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request from the Director.

7.4 The Permit Holder shall submit three hard copies and one electronic copy of monthly EM&A Report to the Director within 2 weeks after the end of the reporting month. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request from the Director. A 1-page summary, in both English and Chinese, summarizing the EM&A activities, the non-compliance events and complaints received in the reporting month, shall be provided in the monthly EM&A report.

7.5 All EM&A data submitted under this Permit shall be true, valid and correct.

8. Electronic Reporting of EM&A Information

8.1 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, prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Condition 7 above. 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.

8.2 All environmental monitoring data described in Condition 8.1 and under Condition 6.5 above shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall notify the Director in writing within 6 weeks after the commencement of works the internet address where the environmental monitoring data are to be placed.

8.3 The internet website as described in Condition 8.2 above shall enable user-friendly public access to the monitoring data with features capable of:

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

(b) searching by date;

(d) 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 (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 Ordinance, and the following notes are for general information only.

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, Transport and Works, 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 Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the construction site by the amended permit.

4. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.

5. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment, Transport and Works, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.

6. If this Permit is cancelled or surrendered during construction or decommissioning of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance 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 Ordinance, 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 Ordinance within 30 days of receipt of this Permit.

9. The Notes are for general reference only and the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

10. Occupational health and safety issues are governed by Occupational Safety and Health Ordinance (Cap. 509) and Factories and Industries Undertaking Ordinances (Cap. 5.9). The Permit Holder is advised to contact Labour Departments for requirements relating to occupational safety and health issues.

11. The Permit Holder is reminded to observe the Air Pollution Control Ordinance Specified License requirements on the new cremators design, emission standards, management, maintenance and monitoring.

12 The Permit Holder is reminded to observe Waste Disposal Ordinance requirements regarding the disposal of contaminated ash / soil / building materials as chemical waste.

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A

DESIGNATED PROJECT