Environmental Permit No. EP-039/2000/F
環境許可證編號 EP-039/2000/F
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第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
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 (EP-039/2000) to Kowloon Canton Railway Corporation (hereinafter referred to as the "Permit Holder") on 15 January 2000. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-039/2000/E) based on the Application No. VEP-182/2005. The amendments, described below, are incorporated into this Environmental Permit (EP-039/2000/F). This Environmental Permit as amended is for the construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.
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 ) 於 2000年 1月 15日 將 環 境 許 可 證 (EP-039/2000) 批予九廣鐵路公司 (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-182/2005修 訂 環 境 許 可 證 編 號 EP-039/2000/E。 以 下 修 訂 已 包 含 在 本 環 境 許 可 證 內 (EP-039/2000/F)。 本 經 修 訂 的 環 境 許 可 證 作 為 建 造 及 營 辦 本 許 可 證 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 。
The issue of this amended environmental permit is based on the documents, approvals or permissions described below:
本經修訂的環境許可證乃依據下列文件、批准或許可條件而簽發–
|
Application
No. 申請書編號： |
VEP-182/2005 VEP-182/2005 |
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Document
in the Register: 登記冊上的文件： |
Tai
Wai to Ma On Shan Extension – Environmental Impact Assessment Study (Register
No. AEIAR-028/1999) (3 volumes dated October 1999) [hereinafter
referred to as the “EIA Report”] The
Director’s letter approval of the EIA Report dated 15 January 2000 ref ()
EP2/N1/A/38 東鐵延伸段：大圍至馬鞍山段環境評估 (登記冊編號：AEIAR-028/1999)(3卷1999年10月) [下稱“環評報告”] 署長已於二零零零年一日十五日發出批准該環評報告的信。 Environmental
Permit issued – Permit No.: EP-039/2000 issued on 15 January 2000. 已簽發的環境許可證 — 許可證編號：EP-039/2000於 Application
for Variation of an Environmental Permit No. VEP-012/2000. [Hereafter referred to as “the
Application VEP-012/ 申請更改環境許可證編號VEP-012/2000。 [下稱“申請書編號VEP-012/ Environmental
Permit issued – Permit No.: VEP-012/2000/A/EP-039 issued on 20 April 2000. 已簽發的環境許可證 — 許可證編號：VEP-012/2000/A/EP-039於2000年4月20日簽發。 Application
for Variation of an Environmental Permit No. VEP-031/2000. [Hereafter referred to as “the
Application VEP-031/ 申請更改環境許可證編號VEP-031/2000。 [下稱“申請書編號VEP-031/ Environmental
Permit issued – Permit No.: VEP-031/2000/B/EP-039 issued on 1 November 2000. 已簽發的環境許可證 — 許可證編號：VEP-031/2000/B/EP-039於 Application
for Variation of an Environmental Permit No. VEP-057/2001. [Hereafter referred to as “the
Application VEP-057/ 申請更改環境許可證編號VEP-057/2001。 [下稱“申請書編號VEP-057/ |
|
Document
in the Register: 登記冊上的文件： |
Environmental
Permit issued – Permit No.: EP-039/2000/C issued on 21 December 2001. 已簽發的環境許可證 — 許可證編號：EP-039/2000/C於 Application
for Variation of an Environmental Permit No. VEP-085/2003. [Hereafter referred to as “the
Application VEP-085/ 申請更改環境許可證編號VEP-085/2003。 [下稱“申請書編號VEP-085/ Environmental Permit issued – Permit No. EP-039/2000/D issued on 13 March 2003. 已簽發的環境許可證 — 許可證編號：EP-039/2000/D於 Application
for Variation of an Environmental Permit No. VEP-157/2004. [Hereafter referred to as “the
Application VEP-157/ 申請更改環境許可證編號VEP-157/2004。 [下稱“申請書編號VEP-157/ Environmental Permit issued – Permit No. EP-039/2000/E issued on 16 November 2004. 已簽發的環境許可證 — 許可證編號：EP-039/2000/E於 Application
for Variation of an Environmental Permit No. VEP-182/2005. [Hereafter referred to as “the
Application VEP-182/ 申請更改環境許可證編號VEP-182/2005。 [下稱“申請書編號VEP-182/ |
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Application No. 申請書編號 |
Date of Application 申請日期 |
List of Amendments Incorporated into this Environmental Permit 已包含在本環境許可證內的修訂項目 |
Date of Amendment 修訂日期 |
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VEP – 012/2000 |
28 March 2000 |
Vary Conditions 1.7 and 2.1 and Table 更改環境許可證編號
EP-039/ |
20 April 2000 |
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VEP – 031/2000 |
10 October 2000 |
Vary Conditions 2.1, 2.2, 2.5, 2.6, 2.8, 3.4, 3.5,
3.11, 5.1, 5.3, and 更改環境許可證編號
VEP-012/2000/A/EP |
1 November 2000 |
||
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VEP – 057/2001 |
28 November 2001 |
-
Vary
Condition 1.7 and Table - Add Condition 1.12 to Part C of the environmental permit VEP-031/2000/B/EP-039 and Conditions 1.12 to 1.15 have been renumbered to Conditions 1.13 to 1.16 accordingly. -
更改環境許可證編號 VEP-031/2000/B/EP -
在環境許可證編號VEP-031/2000/B/EP-039 的C部加入第1.12項條件，並把條件第1.12至1.15項重新編號為條件1.13至1.16項 |
21 December 2001 |
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VEP-085/2003 |
13 February 2003 |
-
Vary
Conditions 1.12, 3.4 and Table -
更改環境許可證編號 EP-039/2000/C C部條 件第1.12,
3.4 項和 表
1 |
13 March 2003 |
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VEP-157/2004 |
21 October2004 |
-
Vary Conditions 1.7, 3.3 and Table -
更改環境許可證編號 EP-039/2000/D C部條 件第1.7及3.3 項,表 1,圖1和圖2 -
Conditions 1.8 to 1.10 and 1.12 have been
renumbered to Conditions 3.14 to 3.17 -
把條件第1.8至1.10及1.12 項項重新編號為條件3.14至3.17項 - Add Conditions 3.6, 3.7, 3.18, 3.19 and 4.3 to Part C of the environmental permit EP-039/2000/D. -
在環境許可證編號EP-039/2000/D 的C部加入第3.6,
3.7, 3.18, 3.19 及4.3 項條件 - Add Tables 2 to 5 to Part C and Figures 14 to 31 to the environmental permit EP-039/2000/D -
在環境許可證編號EP-039/2000/D 的C部加入表 2 至表5及 圖14至圖31 |
16 November 2004 |
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VEP-182/2005 |
30 June 2005 |
-
Add Condition - 在環境許可證編號EP-039/2005/E的C部條件加入第4.4項 |
26 July 2005 |
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26 July 2005 |
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Date 日期 |
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(Louis P.L. CHAN) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任陳檳林代行) |
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PART
B (DESCRIPTIONS OF DESIGNATED PROJECT)
B部 (指定工程項目的說明)
Hereunder is
the description of the designated project mentioned in Part
A of this environmental permit :
|
Title of Designated Project 指定工程項目的名稱 |
East Rail Extensions – Tai Wai to Ma On Shan [This
designated project is hereinafter referred to as “the Project”] 東鐵延伸段：大圍至馬鞍山 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project |
Construction and
operation of approximately 建造和營運一條長約 |
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Location of Designated Project 指定工程項目的地點 |
From Tai
Wai in Sha Tin to Lee On in Ma On Shan.
Figure 由沙田大圍至馬鞍山利安，環評報告的圖 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Construction and
operation of approximately 建造和營運一條長約 |
1. General
Conditions
1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap.499) and shall be definite ground for enforcement action or permit cancellation where applicable.
1.2 The Permit Holder shall ensure full compliance with all legislation currently in force such as the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and others. This permit does not of itself constitute any ground of defence against any proceedings instituted 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 at all sites / offices covered by this permit. Any reference to the permit shall include all documents referred to in the permit and also the relevant documents in the Register.
1.4 The Permit Holder shall give a copy of this permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the permit.
1.5 The Permit Holder shall display a copy of this permit on the construction site at the 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 environmental 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.
1.6 The Project shall be constructed and operated as described 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 (Register No. AEIAR-028/1999); other relevant documents in the Register, the information and mitigation measures described in this Permit; and 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 ongoing 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 in accordance with the comments, if any, made by the Director, within one month of the receipt of the Director’s comments, unless otherwise 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).
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 The Permit Holder shall notify the Director the commencement date of construction of the Project at least 2 weeks prior to the commencement of construction of the Project. The Permit Holder shall notify the Director immediately if there is any change of the commencement date of the construction.
2.
Submissions
or Measures before Commencement of Construction of the Project or Certain
Sections of the Project
2.1 An Environmental Team (ET) shall be established before commencement of construction. The ET leader shall be responsible for the implementation of the environmental monitoring and audit (EM&A) programme in accordance with the EM&A requirements as contained in the approved EM&A Manual as submitted under Condition 2.3 below.
2.2 The Permit Holder shall employ an Independent Environmental Checker (IEC) before the commencement of construction of the Project. The IEC shall have at least 7 years experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the approved EM&A Manual, and shall audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission 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.
2.3 The Permit
Holder shall submit an EM&A Manual in accordance with Annex 21 of the Technical
Memorandum of the Environmental Impact Assessment Ordinance for the Project to
the Director for approval at least 12 weeks before commencement of any
construction work. The EM&A
Manual shall include an enhanced EM&A programme taking into account public
comments forwarded to the Director during the period of public inspection under
the EIAO. The enhanced programme shall also include construction noise
monitoring at, among other locations, the proposed health and welfare building
in Area 90B in Ma On Shan,
2.4 At least 4 weeks before commencement of any works at Lee On Station (east of Lee On Estate) of the Project, the Permit Holder shall submit 20 copies of a review document to the Director for approval. The document shall include proposed measures to further minimize the construction noise impact, but in no circumstances construction noise impact be worse than the predictions made in Technical Annex E and Table 4.4bb of the EIA Report. No such works shall commence before the approval of the document.
2.5 No more than 6 months after commencement of construction of the Project, the Permit Holder shall submit to the Director for approval 3 sets of landscape plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director. The drawings shall show the detailed landscape proposals during the construction and operation stages of the Project, and shall include an implementation programme of landscape works. The submission shall be verified by the IEC as conforming to the information and recommendations contained in the EIA Report. Additional copies may be required by the Director. All measures recommended in the approved landscape plan(s) shall be fully implemented in accordance with the details and time schedule set out in the submission.
2.6 For each construction contract of TCC200, TCC300, TCC400, and TCC500 as described in Section 2.5 of the EIA Report, the Permit Holder shall submit 3 sets of Waste Management Plan (WMP) to the Director for approval at least 4 weeks before the commencement of any construction works within the respective construction contract. The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall take into account the recommended mitigation measures in Section 6.5 of the EIA Report. Such a management plan shall incorporate site specific factors, such as the designation of areas for segregation and temporary storage of reusable and recyclable materials. All measures in the approved Waste Management Plan shall be fully implemented throughout the construction period.
2.7 At least 4 weeks before the commencement of site investigation of contaminated land, the Permit Holder shall submit to the Director for approval 3 copies of the updated Contamination Assessment Plan (CAP), based on Annex C of the EIA Report, with the exact sampling locations and testing parameters. If land contamination is confirmed, the Permit Holder shall submit to the Director for approval 3 copies of a Remediation Assessment Plan (RAP) including a Contamination Assessment Report (CAR). All remediation actions in the approved RAP shall be fully implemented.
2.8 At least four weeks before the commencement of construction of viaduct sections of the Project, the Permit Holder shall submit to the Director for approval 3 copies of design drawings for the Multi-plenum System to be used on all viaduct sections of the Project, with explanatory statements. The drawings shall be verified by the IEC as conforming to the findings and recommendations of the EIA Report. The Multi-plenum System shall include the following principal mitigation measures:
- track mounted on a soft baseplate upon a floating mini slab, to reduce vibration transmission to the viaduct structure;
- a system of sound-absorptively lined cascading plena comprising an under vehicle plenum created with vehicle skirts and under walkway plena on either side of the viaduct – for twin viaducts, an additional central plenum is created with a capped central wall; and
- an edge wall provided for walkway safety which may be increased in height with additive noise barriers to further reduce airborne noise levels.
3.
Submissions
or Measures during the Construction Period
3.1 All designs and measures described in the approved submissions under Conditions 2.4 to 2.7 shall be fully implemented.
3.2 Prior to the operation of the Project, the Project shall be constructed with the Multi-plenum System as described in Condition 2.8 and the approved drawings under that condition.
3.3 Prior to the operation of the Project, the noise barriers and enclosures shall be constructed as described in Figures 1 to 10, and Figures 14 to 20 and Table 1 as attached to this permit.
3.4
Prior to the operation of the Project, the
Permit Holder shall submit to the Director for approval 3 copies of a
performance test proposal to illustrate that the operation of the 8-car
electric train of the Project would meet the specification of maximum level
(Lmax) not exceeding 82.1 dB(A) at 100kph, measured from a distance of
3.5 Prior to the operation of the Project, the Permit Holder shall deposit with the Director a report, on the basis of Condition 3.4. The performance test report shall be verified by the IEC.
3.6 Prior to the operation of the Project, the additional noise mitigation measures in the form of rail noise absorbers adjacent to the rails, sound absorption panels above the derailment constraints and walkway extensions of both wayside and trackside with details as shown in Figure 21 shall be implemented at the locations as specified in Table 2 and Table 3 and Figures 22 to 25 as attached to this permit.
3.7
Prior to the operation of the Project, the
3.8 Throughout the construction period, preventive measures as described in Section 11.14 of the EIA Report shall be implemented to minimize the hazard to the public due to the construction works near the gas pipelines.
3.9 Measures described in Appendix A to mitigate environmental impacts from site run-off and dredging shall be fully implemented throughout the construction period.
3.10 Measures described in Appendix B to mitigate environmental impacts from construction noise shall be fully implemented throughout the construction period.
3.11 Measures described in Appendix C to mitigate environmental impacts from waste generation shall be fully implemented throughout the construction period.
3.12 Measures described in Appendix D to mitigate landscape and visual impacts shall be fully implemented throughout the construction period.
3.13 Any change to environmental mitigation measures shall be verified by the IEC as conforming to the information and recommendations contained in the EIA Report before implementation. The verified changes shall be documented in the immediately following monthly EM&A report as required under the approved EM&A Manual submitted under Condition 2.3.
3.14 The depot at Tai Wai shall be semi-enclosed with openings only directly facing the East Rail, and the depot shall be designed, constructed and operated in accordance with other textural information and recommendations in the Application VEP-012/2000.
3.15 Additional worksites shall be in accordance with Figures 1.2d and 1.2e of the Application VEP-012/2000, the textural information and recommendations in the Application VEP-012/2000.
3.16
The alignment of the Project near
3.17 The noise mitigation measures for the section between the City One Station and Shek Mun Station, shall be in accordance with Table 1 and Figure 4 of this Permit and the information and recommendations in the Application VEP-057/2001 and the Application VEP-085/2003.
3.18 The track alignment of the Project in the vicinity of the depot of Tai Wai shall be in accordance with Figures 1 and 2 of this Permit and the information and recommendations in the Application VEP-157/2004.
3.19
The nominal vertical gap width between the
vehicle skirt and the derailment constraint shall be
4. Submissions or Measures during the Operation of the Project
4.1 Measures described in Conditions 3.2, 3.3, 3.6 and 3.7 above shall be in place and maintained during the operation of the Project.
4.2 During operation of the Project, the Permit Holder shall implement the measures in Appendix E to control run-off.
4.3 Prior to the full operation of 8-car trains of the Project, the noise enclosure as shown in Table 5 and Figures 30 to 31 as attached to this permit shall be installed and maintained during the operation of the Project.
4.4 The speed of trains travelling in the overrun section between chainage CH30130 and CH30330 shall not exceed 15kph when the air conditioning units of trains are switched on in the overrun section or inside the depot of Tai Wai as provided for in the Application VEP-182/2005.
5. Environmental
Monitoring and Audit
5.1 The enhanced EM&A programme shall be implemented as set out in the approved EM&A Manual submitted under Condition 2.3. Any change to the enhanced EM&A programme shall be justified by the IEC as conforming to the requirements set out in the approved EM&A Manual before submission to the Director for approval.
5.2 Samples and measurements for air quality, water quality, and noise, shall be taken in accordance with the requirements of the approved EM&A Manual by:
a) conducting baseline monitoring on air quality, water quality, and noise, as set out in the approved EM&A Manual;
b) conducting impact monitoring on air quality, water quality, and noise, as set out in the approved EM&A Manual;
c) in cases where specified criteria in the approved EM&A Manual are exceeded, carrying out remedial actions in accordance with the Event/Action Plan, as set out in the approved EM&A Manual; and
d) logging and keeping records of the details of (a) to (c) above, within 3 working days of the collection of data or completion of remedial action, for the purposes of preparing and submitting the approved EM&A Reports and to make available the information for inspection on site.
5.3 One hard copy of the Baseline Monitoring Report as required under the approved EM&A Manual shall be verified by the IEC and shall be submitted to the Director 4 weeks before the commencement of any major construction works that would affect the monitoring results. Additional copies of the Baseline Monitoring Report may be required by the Director.
5.4 One hard copy of monthly EM&A Reports as required under the approved EM&A Manual shall be verified by the IEC and shall be submitted to the Director within 10 working days from the end of the reporting month. Additional copies of the monthly EM&A Reports may be required by the Director.
5.5 To enable the 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 monthly EM&A 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, shall be submitted at the same time as the hard copies as described in Conditions 5.3 and 5.4. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EM&A Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EM&A Reports shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of the monthly EM&A Reports must be the same as the hard copies.
5.6 All environmental monitoring and audit data submitted under this permit shall be true and correct. The true extent of the environmental impacts shall be presented in the monthly EM&A Reports and in the monitoring data as described in Condition 5.7 of the permit.
5.7 All environmental monitoring data as described in Condition 5.2 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. The Permit Holder shall notify the Director in writing within 2 weeks after the commencement of works the internet address where the environmental monitoring data are to be placed. The internet address and the environmental monitoring data shall be made available to the public via the EIAO Internet Website and the EIAO Register Office.
5.8 The internet website as described in Condition 5.7 above shall enable user friendly public access to the monitoring data and with features capable of:
(a) providing access to all environmental monitoring data collected since the commencement of works;
(b) searching by data;
(c) searching by types of monitoring data (air quality, water quality and noise); and
(d) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the Director.
5.9 The actions described in the Event/Action Plans of the approved EM&A Manual shall be carried out, in accordance with the time frame set out in the Event/Action Plans, or as agreed by the Director.
Notes:
1. This environmental permit consists of three parts, namely, PART A (Main Permit), PART B (Description of Designated Project) and PART C (Permit Conditions).
2. The permit holder may apply under section 13 of the Ordinance to the Director for a variation of the conditions of this environmental permit. The permit holder shall replace the original permit displayed on the construction site by the amended permit.
3. 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.
4. Under section 14 of the Ordinance, the Director with the consent of the Secretary for the Environment and Food, may suspend, vary of cancel this environmental permit. The permit shall be removed from the display on the construction site.
5. If this permit is cancelled or surrendered during the construction or operation, an environmental permit must be obtained under the Ordinance before the construction or operation of the project could be continued. It is an offence under section 26(1) of the Ordinance to construct or operate a designated project without an environmental permit.
6.
All submissions as required under this Permit
shall be deposited in the Environmental Impact Assessment Ordinance Register
Office on the 27/F of Southorn Centre,
7. Any person who constructs or operates the designated project contrary to the conditions in this 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.
(a) Construction Runoff
(I) At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), the following shall be implemented:
(i) sediment tanks of
sufficient capacity to handle the predicted water flows shall be provided for
settling out waste water prior to its disposal. The sediment tanks shall be
constructed from pre-formed individual cells of approximately 6 to
(ii) all drainage facilities and erosion and sediment control structures shall be regularly inspected and maintained to ensure proper and efficient operation at all times and particularly following rainstorms. Deposited silt and grit shall be removed regularly and disposed of by spreading evenly over stable, vegetated areas;
(iii)
open stockpiles of construction materials (for
example, aggregates, sand and fill material) of more than
(iv) all temporary and permanent drainage pipes and culverts provided to facilitate runoff discharge shall be designed for the controlled release of storm flows. All sediment traps shall be regularly cleaned and maintained. The temporary diverted drainage shall be reinstated to the original condition when the construction works have finished or the temporary diversion is no longer required.
(II) At all parts of the works areas and construction sites that may potentially experience spillages of oil or fuel associated with construction works, and throughout the full duration of the construction contract(s), oil interceptors shall be provided in the drainage system downstream of any oil/fuel pollution sources associated with construction. The oil interceptors shall be regularly emptied to prevent the release of oil and grease into the storm water drainage system after accidental spillages. The interceptor shall have a bypass to prevent flushing during periods of heavy rain.
(III) At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), existing drainage arrangements shall not be adversely affected during construction works, and any flow from the construction site must be diverted to settling traps/ponds before being discharged into the public drainage system.
(b) Dredging and Marine Disposal of Dredged Sediment
During dredging works associated with the
construction of foundations for viaducts over the
(i)
contaminated sediments shall be dredged using
grabs of no more than
(ii) barges shall be fitted with tight fitting seals to their bottom openings to prevent leakage of material;
(iii) barge loading shall be accurate to avoid splashing dredged material into the surrounding water; and
(iv) construction works shall cause no visible foam, oil, grease, scum, litter or other objectionable matter to be present in the water within the site or dumping grounds;
(c) General Construction Activities
At all parts of all works areas and
construction sites, and throughout the full duration of the construction
contract(s), debris and rubbish on site shall be handled and disposed of to
avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated
materials from station and depot construction works shall be covered with
tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated
materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material
can be minimised by scheduling the construction programme in a way that one
section of the alignment can be constructed and completed before the excavation
works of the next section commence.
Throughout the construction period of the Project,
mitigation measures for specific construction activities at specific locations
shall be implemented in accordance with the Tables 4.4s to 4.4.z and Table
4.4aa of the EIA Report.
Corresponding mitigation measures for each construction activity to
result in the lowest worst case maximum cumulative construction noise level
indicated in the tables (right most column of the tables) shall be used. Mitigation measures “M
M1 – item a below;
M2 – items a + b below;
M3 – items a + b + c below, where items a, b, c are defined as:
(a) Use of Quiet Plant and Working Methods
Throughout the full duration of the construction contract(s), models of plant that are quieter than those specified in the EPD’s “Technical Memorandum on Noise from Construction Work in Designated Areas” shall be used.
(b) Temporary and Movable Noise Barriers
Throughout the full duration of the
construction contract(s), movable barriers of 3 to
(c) Reducing the Number of Plant Operating in Critical Areas Close to NSRs
The number of items of plant operating at the same time at the specified locations shall be minimized for each construction activity.
Appendix C
Measures to Mitigate
Environmental Impacts from Waste Generation During Construction
At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), the following shall be implemented:
(i) develop procedures such as a ticketing system to facilitate tracking of marine mud and chemical waste, and to ensure that illegal disposal does not occur;
(ii) segregate
and sort the waste materials into 3 categories:
l
public fill (e.g.
concrete and rubble) for re-use on-site or disposal at a public filling area;
l
re-use and/or
recycling waste (e.g. steel and other metals); and
l
waste which cannot be
re-used and/or recycled (e.g. wood, glass and plastic) for landfill disposal.
The sorting process shall be carefully
monitored to avoid missing any of the 3 categories. Different types of wastes
shall be stockpiled and stored in different containers / skips to enhance
re-use or recycling of materials and their proper disposal; and
(iii) maintain records
of the quantities of wastes generated and disposed off-site for each category
of waste. Chemical waste that is
produced, as defined by Schedule 1 of the Waste Disposal (Chemical Waste)
(General) Regulation, shall be handled in accordance with “Code of Practice on
the Packaging, Handling and Storage of Chemical Wastes” issued by the
Environmental Protection Department (EPD).
At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), the following mitigation measures shall be implemented to minimise the landscape and visual impact of the construction works:
(i) control of night time lighting;
(ii) erection of decorative screen hoarding;
(iii) advance planting for screening;
(iv) minimising the height of temporary buildings;
(v) careful positioning of construction plant;
(vi) regular checks shall be carried out to ensure that the work site boundaries are not exceeded and that no damage is being caused to the surrounding areas;
(vii) temporary construction sites shall be restored to standards as good as, or better than, the original condition;
(viii) replanting of disturbed vegetation shall be undertaken and this shall use predominantly native plant species;
(ix) topsoil shall be stripped and stored for re-use in the construction of the soft landscape works;
(x) the locations of work sites associated with the proposed development shall be carefully selected to minimise the potential landscape and visual impacts of the proposed construction works; and
(xi) the potential for soil erosion shall be reduced at construction stage by minimising the extent of vegetation disturbance on site and by providing a protective cover (e.g. plastic sheeting or a grass cover established by hydroseeding) over any exposed ground.
Appendix E
Measures to Mitigate Environmental Impacts from Runoff During Operation
(a) along entire MOS alignment, a surface water drainage system shall be provided to collect track runoff. Where oils and lubricating fluids could be spilt, the track drainage channels discharge shall pass through oil interceptors and sediment traps to remove oil, grease and sediment before being diverted to the public storm water system;
(b) at stations, the depot and along the entire MOS alignment, silt traps, sediment basins and oil interceptors shall be designed to appropriate design standards, and whilst in use, regularly cleaned and maintained in good working order. The efficiency of these installations is dependent on regular cleaning and maintenance;
(c) at all areas with the potential for the generation of contaminated effluent long entire MOS alignment (particularly the depot), on-site drainage shall focus on areas where contaminated effluent may be generated and provide a clear segregation of clean and contaminated effluents; and
(d) at stations, the depot and along the entire MOS alignment, oily contents of oil interceptors shall be collected for recycling, or transferred to an appropriate disposal facility.
(Extracted from Table 4.5h of the EIA
Report, the Application VEP-012/2000, the Application VEP-057/2001, the Application VEP-085/2003, and the Application
VEP-157/2004)
|
Section between Stations |
Chainage or Length |
Noise Measures |
|
Hin Keng to Tai Wai |
10,061 – 10,447 10,180 – 10,371 10,370 – 10,720 10,479 – 10,509 |
retaining wall (RW7) at a height
of retaining wall (RW5) at a height
ranging from retaining wall (RW retaining wall (RW2D) at a height
ranging from |
|
Tai
Wai to |
12,720 – 12,880 up |
|
|
City One to Shek Mun |
14,384- 14,600 down 14,535 to 14,850 down 14,535 to 14,760 up |
Absorptive cantilever barrier
(barrier top extending at least Center wall* [see note (iii)] (inboard plenum) between down-track and pocket track Center wall* [see note (iii)] (inboard plenum) between up-track and pocket track |
|
Shek
Mun to |
15,860 – 16,120 down |
|
|
|
18,565 – 18,693 down |
Enclosure |
|
Heng On to Ma On Shan |
19,480 – 19,560 down |
|
|
Ma On Shan to Lee On |
21,010 – 21,175 down |
Enclosure |
Notes:
(i)
barrier height is above standard viaduct
parapet, or the ballast track bed, or otherwise specified in this table.
(ii)
absorptive material
shall be based on Table 4.5n of the EIA Report.
(iii)
openings of about
(iv) 20,000 shall be added to the chainages as shown above to correspond to the chainages as shown in the attached Figures 1,2 and 14 to 20 and in the actual site markings.
(to be read in conjunction with Figures 21, 22, 23, 24 and
25 attached to this Permit)
(Extracted from the Application VEP-157/2004)
|
Track |
Chainage |
Length |
|
Up (N/B) |
11,643 – 11,875 |
|
|
12,300 – 12,420 |
|
|
|
12,719 – 13,278 |
|
|
|
13,499 - 13,638 |
|
|
|
13,680 - 13,950 |
|
|
|
14,135 - 14,375 |
|
|
|
14,600 - 14,760 |
|
|
|
18,850 – 19,231 |
|
|
|
19,571 – 20,320 |
|
|
|
20,354 – 21,004 |
|
|
|
21,187 - 21,367 |
|
|
|
Down (S/B) |
11,650 – 11,880 |
|
|
12,307 – 12,427 |
|
|
|
12,170 – 13,280 |
|
|
|
13,500 – 13,640 |
|
|
|
13,677 – 13,951 |
|
|
|
14,120 – 14,381 |
|
|
|
14,600 – 14,760 |
|
|
|
19,020 – 19,220 |
|
|
|
19,560 – 20,315 |
|
|
|
20,350 – 20,998 |
|
|
|
21,180 – 21,365 |
|
(Extracted from the Application VEP-157/2004)
|
Track |
Chainage |
Length |
|
Up (N/B) |
11,643 – 11,875 |
|
|
12,300 – 12,420 |
|
|
|
12,600 – 13,278 |
|
|
|
13,499 – 13,638 |
|
|
|
13,682 – 13,939 |
|
|
|
14,135 – 14,395 |
|
|
|
14,468 – 14,800 |
|
|
|
18,850 – 19,231 |
|
|
|
19,571 – 20,320 |
|
|
|
20,354 – 21,004 |
|
|
|
21,187 – 21,358 |
|
|
|
Down (S/B) |
11,650 – 11,880 |
|
|
12,307 – 12,427 |
|
|
|
12,600 – 13,280 |
|
|
|
13,500 – 13,640 |
|
|
|
13,686 – 13,943 |
|
|
|
14,120 – 14,381 |
|
|
|
14,600 – 14,760 |
|
|
|
19,020 – 19,220 |
|
|
|
19,560 – 20,315 |
|
|
|
20,350 – 20,998 |
|
|
|
21,180 – 21,358 |
|
on top of the viaduct parapet walls
(to be read in conjunction with Figures
26, 27, 28 and 29 attached to this Permit)
(Extracted from the Application VEP-157/2004)
|
Track |
Chainage |
Length |
|
Up (N/B) |
12,082 - 12,130 |
|
|
12,990 - 13,278 |
|
|
|
13,860 - 13,950 |
|
|
|
14,135 - 14,375 |
|
|
|
18,850 - 19,129 |
|
|
|
19,949 - 20,320 |
|
|
|
20,870 - 21,004 |
|
|
|
21,270 - 21,340 |
|
|
|
Down (S/B) |
12,089 - 12,137 |
|
|
12,710 - 13,020 |
|
|
|
13,280 - 13,400 |
|
|
|
13,500 - 13,640 |
|
|
|
13,677 - 13,862 |
|
|
|
14,120 - 14,383 |
|
|
|
14,600 - 14,760 |
|
|
|
19,089 - 19,200 |
|
|
|
19,560 - 20,250 |
|
|
|
20,350 - 20,700 |
|
|
|
21,273 - 21,335 |
|
(to be read in conjunction with Figures
30 and 31 attached to this Permit)
(Extracted from the Application VEP-157/2004)
|
Noise Mitigation Measures |
Chainage |
Location |
|
A semi enclosure of |
19,780 to 19,820 down |
Over the viaduct section fronting Fok On Garden |
(i) 20,000 shall be added to the chainages as shown
above to correspond to the chainages as shown in the attached Figures
26 to 31 and in the actual site markings.
| Figure1|| Figure2|| Figure3|| Figure4|| Figure5|| Figure6|| Figure7|| Figure8|| Figure9|| Figure10|| Figure11|| Figure12|| Figure13|| Figure14|| Figure15|| Figure16|| Figure17|| Figure18|| Figure19|| Figure20|| Figure21|| Figure22|| Figure23|| Figure24|| Figure25|| Figure26|| Figure27|| Figure28|| Figure29|| Figure30|| Figure31|
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