Environmental Permit No. EP-437/2012/A
環境許可證編號 EP-437/2012/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
第 10條及 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 (EIA Ordinance), the Director of
Environmental Protection (the Director) grants the environmental permit (No. EP-437/2012) to the MTR Corporation Limited (hereinafter
referred to as the "Permit Holder") on 22 March 2012. Pursuant
to Section 13 of the EIA Ordinance, the Director amends the environmental permit
(No. EP-437/2012) based on the Application No. VEP-535/2017.
The amendments described below are incorporated into this environmental
permit (No. EP-437/2012/A). This environmental permit
as amended is for the construction and operation of the designated project
described in Part B subject to the conditions described in or attached
to Part C. The
issue of this environmental permit is based on the documents, approvals or permissions
described below :-
根據《環境影響評估條例》（環評條例）第10條的規定，環境保護署署長（署長）於2012年3月22日將環境許可證(編號: EP-437/2012)批予香港鐡路有限公司(下稱許可證持有人)。根據環評條例第13條的規定，署長因應更改環境許可證的申請編號VEP-535/2017 修訂環境許可證(編號: EP-437/2012)。以下修訂已包含在本環境許可證內(編號:
EP-437/2012/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C部所說明或附載的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：–
|
Application No. 申請書編號： |
VEP-535/2017 |
|
Document in the Register: 登記冊上的文件： |
(1) Shatin
to Central Link – Mong Kok
East to Hung Hom Section (Register No.: AEIAR -
165/2012) - Environmental
Impact Assessment (EIA) Report [Hereinafter referred to as "the
SCL(MKK-HUH) EIA Report"] - Environmental
Monitoring and Audit (EM&A) Manual [Hereinafter referred to as "the
SCL(MKK-HUH) EM&A Manual"] - Executive
Summary (1) 沙田至中環綫 - 旺角東至紅磡段 (登記冊編號: AEIAR - 165/2012) - 影響評估報告 [下稱 “沙中綫 - 旺角東至紅磡段環評報告”] - 環境監察審核手冊 [下稱 “沙中綫 - 旺角東至紅磡段環監手冊”] - 行政摘要 (2) The Director’s letter
of approval of the SCL(MKK-HUH) EIA report dated 17
Feb 2012 [Ref.: (28) in Ax(3) to EP2/G/A/124 Pt.8] (2) 署長於2012年02月17日發出批准沙中綫 - 旺角東至紅磡段環評報告的信件 [檔案編號: (28) in Ax(3) to
EP2/G/A/124 Pt.8] (3) Shatin
to Central Link – Stabling Sidings at Hung Hom
Freight Yard (Register No.: AEIAR - 164/2012) - Environmental
Impact Assessment (EIA) Report [Hereinafter referred to as "the SCL(HHS)
EIA Report"] - Environmental
Monitoring and Audit (EM&A) Manual [Hereinafter referred
to as "the SCL(HHS) EM&A Manual"] - Executive
Summary (3) 沙田至中環綫 - 位於紅磡貨運站的列車停放處(登記冊編號: AEIAR - 164/2012) - 環境影響評估報告 [下稱 “沙中綫 - 位於紅磡貨運站的列車停放處環評報告”] - 環境監察審核手冊 [下稱 “沙中綫 - 位於紅磡貨運站的列車停放處環監手冊”] - 行政摘要 (4) The Director’s letter of
approval of the SCL(HHS) EIA report dated 17 Feb 2012 [Ref.: (30) in
EP2/G/A/160 Pt.3] (4) 署長於2012年02月17日發出批准沙中綫 - 旺角東至紅磡段環評報告的信件 [檔案編號: (30) in
EP2/G/A/160 Pt.3] (5) Application for an
Environmental Permit No. AEP-437/2012. [Hereafter referred to as “the
Application No. AEP-437/2012”] (5) 申請環境許可證編號 AEP- 437/2012。[下稱“申請書編號 AEP- 437/2012”] (6) Environmental
Permit issued on 22 March 2012 (Permit No. EP-437/2012). (6) 於 2012年3月22日簽發的環境許可證 (許可證編號: EP-437/2012)。 (7) Application for
Variation of Environmental Permit including all attachments submitted by the
Permit Holder on 7 November 2017 (Application No. VEP-535/2017). [Hereafter referred to
as “the Application No. VEP-535/2017”] (7) 許可證持有人於 2017年 11 月 7 日提交的更改環境許可證申請包括所有附件 (申請書編號 VEP-535/2017)。 [下稱 “申請書編號: VEP-535/2017”] |
|
Application No. 申請書編號 |
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 Amendment 修訂日期 |
|
VEP-535/2017 |
7
November 2017 2017年11月7日 |
Vary
Condition 2.21 in Part C of Environmental Permit No. EP-437/2012
to include updated maximum sound power levels for the fixed plant noise
sources conforming to the requirements of the Technical Memorandum on
Environmental Impact Assessment Process. 更改環境許可證編號 EP-437/2012，C部的條件第 2.21項，以包括更新的固定機器噪音源的最高聲功率級，該最高聲功率級須符合環境影響評估程序技術備忘錄的要求。 |
28 November 2017 2017年11月28日 |
|
28 November 2017
Date 日期 |
|
(Tony W.H. Cheung) Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 張偉雄代行) |
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 :-
下列為本環境許可證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 |
Shatin
to Central Link - Mong Kok
East to Hung Hom Section [This
designated project is hereinafter referred to as "the Project"] 沙田至中環綫 - 旺角東至紅磡段 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project(s) 指定工程項目的性質 |
Construction
and operation of a railway, its associated station, a
railway tunnel more than 800m in length between portals, a road
which is a district distributor road. 興建和運作一條鐵路及其相聯車站，一條入口之間的長度超過800米的鐵路隧道，屬地區幹路的道路。 |
|
Location of Designated Project(s) 指定工程項目的地點 |
The location of this Project and its
works areas are shown in Figure
1attached to this Permit. 工程項目及其工地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 |
The Project comprises the following designated project elements: (i.) Construction and operation of an
approximately 1.2 kmrealigned and modified
railway from Portal 1A near Oi Man Estate to the new ventilation
building in Hung Hom Station; the associated new
platforms at Hung Hom Station; the associated
ventilation shafts, cooling tower and other associated works; noise
mitigation measures at Portal 1A; modification works on the existing Homantin Siding and Mong Kok Freight Terminal; and the operation of the integrated
Hung Hom Station. (ii.) Realignment
of the existing Cheong Wan Road. 工程項目的範圍包括: (i.) 興建和運作從隧道入口1A至紅磡站新建的北通風大樓一段長約1.2公里的鐵路改道，通風井、冷卻塔和其他相關工程，在隧道入口1A提供噪音緩解措施，為何文田側綫和旺角東站貨運站進行修改工程，及運作綜合紅磡站。 (ii.) 暢運道改道工程 |
1. General
Conditions
1.1
The Permit Holder and any
person working on the Project shall comply with all conditions set out in this
Permit. Any non-compliance by any person may constitute a
contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and
may become the subject of appropriate action being taken under the Ordinance.
1.2
The Permit Holder shall
ensure full compliance with all legislation from time to time in force
including but without limitation to the Noise Control Ordinance (Cap. 400), Air
Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap.
358), Waste Disposal Ordinance (Cap. 354), and Dumping at Sea Ordinance (Cap.
466). This Permit does not of itself constitute any ground of
defense against any proceedings instituted under any legislation or imply any
approval under any legislation.
1.3
The
Permit Holder shall make copies of this Permit together with all documents
referred to in this Permit or 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 by the Permit. The site(s) refers to site(s) of
construction and operation of the Project and shall mean the same hereafter.
1.5
The
Permit Holder shall display conspicuously a copy of this Permit on the
construction 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 construction
site(s).
1.6
The
Permit Holder shall construct and operate the Project in accordance with the
project descriptions 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 SCL(MKK-HUH) EIA Report; the SCL(HHS) EIA Report; the application
document (Application No. AEP-437/2012) and other relevant documents in the
Register; and the information or 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
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, and all submissions rectified in accordance with
comments by the Director under this Permit shall be construed as part of the
permit conditions described in Part C of this Permit. Any variation of the
submissions shall be approved by the Director in writing or as prescribed in
the relevant permit conditions. Any non-compliance with the submissions may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap. 499). All submissions or any variation of the submissions
shall be certified by the Environmental Team (ET) Leader and verified by the
Independent Environmental Checker (IEC) referred to in
Conditions 2.1 and 2.2 below, before submitting to the
Director under this Permit.
1.10
The
Permit Holder shall release all finalised 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 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 construction
commencement date 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
construction 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 Environmental Impact Assessment
Ordinance Register Office (currently at 27/F, Southorn
Centre, 130 Hennessy Road, Wanchai, Hong
Kong). Electronic copies of all finalised 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 hardcopies.
1.13
For
the purpose of this Permit, “construction commencement” 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 operation commencement
date of the Project no later than two months 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 operation
commencement date.
2 Special
Conditions
Submissions
and Measures before Commencement of Construction of the Project
Employment
of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An
Environmental Team (ET) shall be established by the Permit Holder no later than
one month before the commencement of construction of the
Project. The ET shall not be in any way an associated body of the
Contractor or the Independent Environmental Checker (IEC) for the
Project. The ET shall be headed by an ET Leader. The ET
Leader shall be a person who has at least 7 years of experience in environmental
monitoring and auditing (EM&A) or environmental management. The
ET and the ET Leader shall be responsible for the implementation of the
EM&A programme in accordance with the EM&A requirements as contained in
the SCL(MKK-HUH)
EM&A Manual. 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 SCL(MKK-HUH)
EIA Report and the SCL(HHS) EIA Report and this Permit. The ET
Leader shall notify the IEC within one working day of the occurrence of any
such instance or circumstance or change of circumstances. The ET
Leader’s log-book shall be kept readily available for inspection by all persons
assisting in supervision of the implementation of the recommendations of the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report and this
Permit or by the Director or his authorized officers. Failure to
maintain records in the log-book, failure to discharge the duties of the ET
Leader as defined in the SCL(MKK-HUH) 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 SCL(MKK-HUH)
EM&A Manual and shall audit the overall EM&A performance, including the
implementation of all environmental mitigation measures, submissions required
in the SCL(MKK-HUH) 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 SCL(MKK-HUH)
EIA Report and the SCL(HHS) EIA Report 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 SCL(MKK-HUH) 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.
Community
Liaison Group
Appointment of
Certified Arborist
Management
Organization of Main Construction Companies
2.5 The Permit Holder shall, no
later than two weeks before the commencement of construction of the Project,
inform the Director in writing the management organization of the main
construction companies and/or any form of joint ventures associated with the construction
works of the Project. The submitted information shall include at least an
organization chart, names of responsible persons and their contact details.
Submission of Construction Programme and EP Submission Schedule
Submission of Construction Noise
Mitigation Measure Plan
2.7 To
further reduce the air-borne construction noise impacts on the Noise Sensitive
Receivers (NSRs) with exceedance after mitigation, as predicted in the SCL(MKK-HUH)
EIA Report and the SCL(HHS) EIA Report (i.e. Carmel Secondary School (South
Block) and Wing Fung Building as shown at Figure 1),
the Permit Holder shall, no later than one month before the commencement of
construction of the Project, submit to the Director for approval four hard
copies and one electronic copy of an updated Construction Noise Mitigation
Measure Plan (CNMMP) and other initiatives proposed by the Permit
Holder. The plan shall include:-
(a) a schedule of construction works to be carried out at the
works areas of the Project within 300mfrom the NSRs;
(b) an updated construction methodology of the construction
works;
(c) an updated powered mechanical equipment (PME) list for the
construction works;
(d) an
updated proposal of air-borne construction noise mitigation measures for the
NSRs as shown in Figures
1, including the provision of noise barriers,
enclosures; and
(e) an updated prediction of noise levels in accordance with the
above updated information and mitigation proposals in place.
Before
submission to the Director, the CNMMP shall be certified by the ET and verified
by the IEC as conforming to the relevant information and recommendations
contained in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report. The approved CNMMP shall be
fully and properly implemented.
Submission of Continuous Noise Monitoring
Plan
(a) updated environmental monitoring and audit
requirements relating to continuous noise monitoring at the Noise
Sensitive Receivers (NSRs) with exceedance after mitigation in air-borne
construction noise impact as predicted in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA
Report (i.e. Carmel Secondary School (South Block) and Wing Fung Building
as shown at Figure 1) and as updated in the CNMMP approved under Condition 2.7;
(b) drawings in the scale of 1:5,000 or other appropriate scale as
agreed by the Director showing the proposed locations for conducting continuous
noise monitoring;
(c) monitoring methodology and measurement parameters;
(d) a system to report the
continuous noise monitoring results on a website as required under
Condition 4.2, within a period of 2 working days after the relevant noise
monitoring data are collected or become available; and
(e) an Event and Action Plan giving details of the
immediate active remedial measures in the event that the measured noise
levels exceed the worst-case scenario predicted in the SCL(MKK-HUH) EIA Report and the SCL(HHS)
EIA Report or the levels as updated by the CNMMP approved under
Condition 2.7.
Before submission to the
Director, the Continuous Noise Monitoring Plan shall be certified by the ET and
verified by the IEC as conforming to the relevant information and
recommendations contained in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report or the updated prediction of noise levels as contained in
the CNMMP approved under Condition 2.7. The approved Continuous Noise Monitoring Plan shall be fully and properly implemented.
Submission of Construction and
Demolition (C&D) Material Management Plan
2.9 The
Permit Holder shall, no later than one month before commencement of
construction of the Project, submit to the Director for approval four hard
copies and one electronic copy of a construction and demolition (C&D)
materials management plan (C&DMMP). The C&DMMP shall
describe the arrangements for avoidance, reuse, recovery and recycling,
storage, collection, treatment and disposal of C&D materials to be
generated from the construction of the Project. The C&DMMP shall
indicate the disposal location(s) of all surplus excavated spoil and other
wastes. A trip ticket system shall be included in the C&DMMP.
Surplus excavated spoil and other wastes shall only be disposed of at
designated disposal locations unless otherwise approved by the Director.
Before submission to the
Director, the C&DMMP shall be certified by the ET Leader and verified by
the IEC as conforming to the relevant information and recommendations contained
in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA
Report. The approved C&DMMP shall be fully and properly implemented.
Submission of Sediment
Management Plan
2.10 The Permit Holder shall, no
later than one month before the commencement of construction of the Project,
submit to the Director for approval four hard copies and one electronic copy of
an updated sediment management plan. The plan shall include, but not
limited to, details of the proper treatment and handling of sediments so
generated by the Project before disposal. The sediment management
plan shall be fully and properly implemented.
Submission of Visual,
Landscape, Tree Planting & Protection Plan
2.11 The Permit Holder shall, no later than one
month before the commencement of construction of the Project, submit four hard
copies and one electronic copy of the visual, landscape, tree planting &
protection plan to the Director for approval. The plan, with
drawings in the scale of 1:1000 or other appropriate scales as agreed by the
Director shall show the visual, landscape, tree planting & protection
measures of the Project, and shall include at least the following information:-
(a) aesthetic
landscape and architectural treatment for above ground structures including (i) the North Side Ventilation
Shafts and South Side Ventilation Shafts, (ii) Trackside Ventilation Plant,
(iii) Cooling Tower, and (iv) Noise Mitigation Measures at Portal 1A;
(b) tree protection proposal showing
locations, size, number and plant species of trees to be retained; and detailed
working method statement for protection of retained trees;
(c) transplantation proposal showing locations,
size, number and tree species to be transplanted and the final locations for
transplantation;
(d) tree felling
proposal showing locations, size, number and plant species to be felled;
(e) tree compensation proposal showing locations, size, number and plant
species to be provided or compensated;
(g) implementation programme,
maintenance and management schedules for measures proposed in (a) to (f) above.
The proposals under
Condition 2.11 (b) to (f) shall be prepared by the
Certified Arborist appointed under Condition 2.4. The plan
shall be certified by the ET Leader and verified by the IEC as conforming to
the information and recommendations contained in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report. The approved plan shall be fully and properly
implemented.
Submissions and
Measures to be Implemented During Construction Stage
Measures for Mitigating
Construction Dust Impact
2.12 In
order to minimise the construction dust impact, the following dust mitigation
measures shall be implemented:-
(a) watering
once every working hour to keep active works areas, exposed areas and paved
haul roads wet; and
(b) enclosing the unloading process at any barging point by a
3-sided screen with top tipping hall, and operating water spraying and flexible
dust curtains at the discharge point
Measures for Mitigating Aerial Emissions
from Construction Plant
2.13 All
diesel fuelled construction plant, including marine vessels if possible, used
by the contractors within the work areas of the Project shall be powered by
ultra low sulphur diesel fuel.
Submissions and
Measures Before and During Operational Stage
Submission of As-built Drawings
of Measures for Mitigating Landscape and Visual Impact and Tree Planting
Submissions and Measures for Mitigating
Operational Noise
2.15 The
Permit Holder shall operate 9-car SP1900 train, or other train type with
equivalent or better noise performance supported with justifications by the ET
Leader and verified by the IEC as conforming to the information, requirements
and recommendations as set out in the SCL(MKK-HUH) EIA Report and the SCL(HHS)
EIA Report. The maximum train frequency operating in the Project
from hours 0700 to 2300 shall not exceed 30 trains per hour in each
direction. The maximum train frequency operating in the Project from
hours 2300 to 0700 of the following day shall not exceed 24 trains per hour in
each direction.
2.16 The Permit Holder shall, no later than
one month after completion of corresponding parts of the tunnel excavation of
the Project, deposit with the Director four hard copies and one electronic copy
of an Operational Ground-borne Noise Mitigation Measures Plan to justify the
need of any ground-borne noise mitigation measure for that part of the tunnel
in the SCL(MKK-HUH) EIA Report. The plan
shall include the review and verification of the assumptions adopted in the
SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA Report, such as line source
response and ground vibration conditions, and shall include justifications and
recommendations for any noise mitigation measures found necessary, including
but not limited to:-
(a) medium attenuation baseplates (Type 1);
(b) high attenuation baseplate or booted dual sleepers (Type 2);
or
(c) floating mini slab trackform (Type
3).
Before
submission to the Director, the Operational Ground-borne Noise Mitigation
Measures Plan shall be certified by the ET Leader and verified by the IEC as
conforming to the information, requirements and recommendations as set out in
the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA
Report.
2.17 The
Permit Holder shall, no later than one month after the completion of installing
the rail tracks, deposit with the Director four hard copies and one electronic
copy of a set of as-built drawing(s) for the operational ground-borne noise
mitigation measures as recommended in the Operational Ground-borne Noise
Mitigation Plan deposited under
Condition 2.16 above. Before submission to the Director,
the set of as-built drawing(s) shall be certified by the ET Leader and verified
by the IEC who shall confirm that the measures set out in the Operational
Ground-borne Noise Mitigation Plan under Condition 2.16 has been
fully and properly implemented.
2.18 To mitigate the operational air-borne noise
from the at-grade section near Portal 1A, an approximately 150 m long natural
ventilated absorptive noise enclosure as shown in Figure 2 of this Permit shall be installed before operation of
the Project.
2.19 The Permit Holder shall, no later than one month after the
completion installing noise enclosure as required under
Condition 2.18 above, deposit with the Director four hard copies and
one electronic copy of a set of as-built drawing(s) showing:-
(a) noise
enclosure under Condition 2.18 above; and
(b) any
additional or changes to noise enclosure if required.
Before submission to the
Director, the set of as-built drawing(s) shall be certified by the ET Leader and
verified by the IEC as conforming to the information and recommendations
contained in the SCL(MKK-HUH) EIA Report and the
SCL(HHS) EIA Report. The noise enclosure as shown in the deposited
as-built drawings shall be fully and properly implemented.
2.20 At
least one month before commencement of operation of the Project, the Permit
Holder shall carry out noise performance test in accordance with Sections 5.4
to 5.6 of the SCL(MKK-HUH) EM&A Manual and Section 9.7 of the SCL(HHS)
EM&A Manual and deposit with the Director four hard copies and one
electronic copy of a Noise Performance Test Report to confirm the compliance of
the operational ground-borne levels in accordance with the SCL(MKK-HUH) EIA
Report and the SCL(HHS) EIA Report. Before submission to the
Director, the Noise Performance Test Report shall be certified by the ET Leader
and verified by the IEC as conforming to the information and recommendations
contained in the SCL(MKK-HUH) EIA Report and the
SCL(HHS) EIA Report. All measure(s) recommended in the deposited
Noise Performance Test Report shall be fully and properly implemented.
2.21 At
least one month before commencement of operation of the Project, the Permit
Holder shall carry out fixed plant noise audit and deposit with the Director
four hard copies and one electronic copy of an audit report showing that the
design of the fixed plant noise sources associated with the Project complies
with the maximum sound power levels determined in the SCL(MKK-HUH) EIA Report
and the SCL(HHS) EIA Report, or otherwise approved by the Director in
compliance with the requirements in Technical Memorandum on Environmental
Impact Assessment Process having due regard to the characteristics of tonality,
impulsiveness and intermittency. The audit report shall be certified
by the ET Leader and verified by the IEC as conforming to the information and
recommendations contained in the SCL(MKK-HUH) EIA
Report and the SCL(HHS) EIA Report, or other relevant documents in the Register.
Measures for Mitigating Impacts
on Water Quality from Track Run-off
2.22 To mitigate water quality impact from tunnel run-off from rail
track:-
(a) track
drainage channels discharge shall pass through oil/grit interceptors/chambers
to remove oil, grease and sediment before discharging into public storm
drainage / foul sewerage systems;
(b) the silt
traps and oil interceptors shall be cleaned and maintained regularly; and
(c) oily
contents of the oil interceptors shall be transferred to an appropriate
disposal facility, or to be collected for reuse, if possible.
3. Environmental
Monitoring and Audit Requirements
3.1 The EM&A programme shall be
implemented in accordance with the procedures and requirements as set out in
the SCL(MKK-HUH) EM&A Manual and the
Continuous Noise Monitoring Plan submitted under
Condition 2.8 above. The Permit Holder shall review the
EM&A requirements or programme based on the submitted construction
programme required under Condition 2.6. Any changes to the
EM&A requirements or programme and termination of the EM&A programme
shall be supported with justifications by the ET Leader and verified by the IEC
to their conformance with the requirements as set out in the SCL(MKK-HUH)
EM&A Manual and the Continuous Noise Monitoring Plan submitted under
Condition 2.8 above; and the prior approval from the Director shall
be sought before their implementation.
3.2 Samples, measurements
and necessary remedial actions shall be taken in accordance with the
requirements of the SCL(MKK-HUH) 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 SCL(MKK-HUH) 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 SCL(MKK-HUH) 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 SCL(MKK-HUH) 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 the monthly EM&A Reports shall be submitted to the Director within two
weeks after the end of the reporting month throughout the entire construction
period. The monthly EM&A Reports shall include a summary of all
non-compliance with the recommendations in the SCL(MKK-HUH) EIA Report and the SCL(HHS) EIA
Report or this Permit. The submissions shall be certified by
the ET Leader and verified by the IEC as complying with the requirements as set
out in the SCL(MKK-HUH) EM&A Manual
before submission to the Director. Additional copies of the
submission shall be provided upon request by the Director.
3.5 All EM&A results submitted
under this Permit shall be true, valid and correct.
4. Electronic
Reporting of EM&A Information
4.1. To facilitate public inspection of the Baseline Monitoring Report
and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO
Register Office, electronic copies of these Reports shall be prepared in the
Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable
Document Format (PDF) (version 1.3 or later), unless otherwise agreed by the
Director and shall be submitted at the same time as the hard copies as
described in Conditions 3.3 and 3.4 of this Permit. For
the HTML version, a content page capable of providing hyperlink to each section
and sub-section of these Reports shall be included in the beginning of the
document. Hyperlinks to all figures, drawings and tables in these Reports
shall be provided in the main text from where the respective references are
made. All graphics in these Reports shall be in interlaced GIF
format unless otherwise agreed by the Director. The content of the
electronic copies of these Reports must be the same as the hard copies.
4.2. The Permit Holder shall set up a dedicated web site and notify the
Director in writing the internet address where the environmental monitoring and
project data is to be placed within 1 month after the commencement of
construction of the Project. All environmental monitoring results
described in Condition 4.1 above and all submissions required by this
Permit shall be made available to the public via this dedicated web site to be
set up by the Permit Holder in the shortest time practicable, 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 maintain the dedicated website for
public access of the environmental monitoring data and reports throughout the
entire construction period and during the first 3-year of operation of the
Project, or otherwise as agreed by the Director.
4.3. The internet website as described in Condition 4.2 above
shall enable user-friendly public access to the monitoring data and project
data including the EIA report, the environmental permit(s) and project profile
of the Project. The internet website shall have features capable of:-
(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 :
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, 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, 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 operation 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 that the Permit Holder should refer to the EIA Ordinance for
details and seek independent legal advice.
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