3.1.1 Environmental guidelines, policies and management schemes are established to provide guidance on the management of the environment in Hong Kong. The relevant ordinances, Hong Kong Planning Standards and Guidelines (HKPSG) and Practice Notes prepared by the Professional Persons Environmental Consultative Committee (ProPECC) provides a forum for the exchange of views on all environmental matters related to the duties and practice of architects, engineers, planners, surveyors and developers.
3.2 Environmental Assessment and Management Scheme
3.2.1 Environmental Impact Assessment Ordinance, Cap. 499
The Environmental Impact Assessment Ordinance (EIAO) (Cap. 499) was enacted on 4th February 1997. The “Technical Memorandum on Environmental Impact Assessment Process” (TMEIA) and two subsidiary laws on the appeal board and application fees were approved by the Provisional Legislative Council in June and November 1997 respectively. The EIAO was implemented on 1st April 1998.
The purpose of the EIAO is to avoid, minimise and control the adverse impact on the environment of designated projects, through the application of the environmental impact assessment (EIA) process and the environmental permit (EP) system. The subject development project is regarded as a designated project with respect to Schedule 2 under the EIAO.
The Green Manager Scheme[1] (GMS) was set up in January 1994. Under the scheme all government bureaus and departments have to appoint Green Mangers to oversee green housekeeping measures in their offices such as waste minimisation and recovery and energy conservation. They are also asked to make progress reports to the Environment and Food Bureau, which administers and assesses the effectiveness of the Scheme. The GMS will also apply to the subject development, which comprises of the management of several governmental departments.
3.2.3 ISO 14001
The Architectural Services Department was the first Government Department certified to ISO 14001 Environmental Management Systems. The internal and external auditing of the Department covers all aspects of work including the monitoring of all site activities during construction and the designs to minimise environmental impacts of projects.
3.3.1 Air Pollution Control Ordinance, Cap. 311
Air quality
legislation is enacted under the Air Pollution Control Ordinance (APCO)
(Cap 311) which encompasses all emissions from chimneys, furnaces, ovens or
industrial plants. Under this
legislation, Government has declared Air Control Zones (ACZ) for the whole
territory. Air Quality Objectives (AQO)
for Hong Kong are given in Table 3.1.
Table 3.1 Hong Kong Air Quality Objectives
|
Pollutant |
Concentration in
micrograms per cubic metre (i) |
Health Effects of
Pollutant at elevated ambient levels |
||||
|
|
Averaging Time |
|
||||
|
|
1 Hourii |
8 Hoursiii |
24 Hoursiii |
3 Months iv |
1 Yeariv |
|
|
Sulphur Dioxide |
800 |
|
350 |
|
80 |
Respiratory illness; reduced lung function, morbidity and mortality
rates increase at higher levels. |
|
Total Suspended Particulate (TSP) |
|
|
260 |
|
80 |
Respirable fraction has effects on health. |
|
Respirablev Suspended Particulate (RSP) |
|
|
180 |
|
55 |
Respiratory illness reduced lung function, cancer risk for certain
particles, morbidity and mortality rates increases at higher levels. |
|
Nitrogen Dioxide |
300 |
|
150 |
|
80 |
Respiratory irritation; increased susceptibility to respiratory
infection, lung development impairment. |
|
Carbon Monoxide |
30,000 |
10,000 |
|
|
|
Impairment of coordination; deleterious to pregnant women and those
with heart and circulatory conditions. |
|
Photo-chemical Oxidants (as Ozone)vi |
240 |
|
|
|
|
Eye irritation; cough; reduced athletic performance; possible
chromosome damage. |
|
Lead |
|
|
|
1.5 |
|
Affects cell and body process; likely neuropsychological effects,
particularly in children; likely effects on rates of incidence of heart
attacks, strokes and hypertension. |
Notes:
(i) Measured
at 298oK (25oC) and 101.325kPa (one atmosphere).
(ii) Not
to be exceeded more than three times per year.
(iii) Not
to be exceeded more than once per year.
(iv) Arithmetic
means.
(v) Respirable
suspended particulars means suspended particles in air with a nominal
aerodynamic diameter of 10 micrometres and smaller.
(vi) Photochemical oxidants are determined by measure of ozone only.
3.3.2 Air Pollution Control (Construction Dust) Regulation
The Air
Pollution Control (Construction Dust) Regulation stipulated Dust Control Requirements
to control the construction dust generated by the construction activities. Dust
Control Requirements should be followed throughout the construction period. The
contractor should ensure that adequate dust suppression plans have been
implemented and fulfill the requirements under the Regulation.
3.3.3 Air Pollution Control (Open Burning) Regulation
Open burning of discarded construction materials and garbage is common at construction sites. In accordance with the Air Pollution Control (Open Burning) Regulation, it is an offence to carry out open burning for the purpose of construction waste disposal and site clearance. Conviction of open burning will be penalised and imprisonment may be resulted for subsequent conviction.
3.3.4 Environmental Impact Assessment Ordinance, Cap. 499
As stipulated in Annex 4 of the EIAO-TMTMEIA, the criterion for odour prediction assessment
is to meet 5 odour units based on an averaging time of 5 seconds.
3.3.5 Practice Note for Professional Persons, PN 2/96
ProPECC PN 2/96 – Control of Air Pollution in Car Parks provides air quality guidelines required for the protection of public health and factors that should be considered in the design and operation of car parks in order to achieve the required air quality. This Practice Note provides guidance on the concentration limits on air pollutants: carbon monoxide (CO) and nitrogen dioxide (NO2).
3.4.1 Environmental Impact Assessment Ordinances, Cap. 499 S. 16
The Technical Memorandum (TM) published under
Section 16(5) of the Environmental Impact Assessment Ordinance (EIAO) gazetted
in 1997, is the fundamental legislation of noise criteria for evaluating noise
impact of designated projects. The
Summary of Noise Criteria is given in Table 3.2, Noise Standards for Planning
Purposes and, Table 3.3, Noise Standards for Daytime Construction
Activities. The relevant tables are
extracted here for ease of reference.
Table 3.2 Noise Standards for Planning Purposes
|
Noise Noise
|
Aircraft Noise |
Helicopter 0700 to |
Road Traffic Peak Hour |
Rail |
Fixed Noise |
|
|
Kai Tak |
New Chek |
|||||
|
All domestic premises
including temporary housing accommodation |
30 |
25 |
85 |
70 |
(a) (b) Lmax
(2300 - 0700 hours) = 85dB(A) |
(a) (b)
the prevailing background noise levels (For quiet areas with level 5 dB(A)
below the ANL) |
|
Hotel and hostels |
30 |
25 |
85 |
70 |
||
|
Offices |
30 |
30 |
90 |
70 |
||
|
Educational institutions
including kindergartens, nurseries and all others where unaided voice
communication is required |
30 |
25 |
85 |
65 |
||
|
Places of public Worship
and courts of law |
30 |
25 |
85 |
65 |
||
|
Hospitals, clinics, convalescence
and homes for the aged, diagnostic rooms, wards |
30 |
25 |
85 |
55 |
||
Notes:
(i) The
above standards apply to uses which rely on opened windows for ventilation
(ii)
The above standards should be viewed as the maximum permissible noise levels
assessed at 1 m from the external façade
(iii)
Rail noise is under the control of the Noise Control Ordinance and
shall comply with the Acceptable
(iv)
Noise Levels laid down in the Technical Memorandum for the Assessment of
Noise from Places other than Domestic Premises, Public Places or Construction
Sites
Table 3.3 Noise Standards for Daytime Construction Activities
|
Noise Sources Noise
|
0700 to 1900 |
1900 to 0700 |
|
·
All domestic premises including
temporary housing accommodation |
75 |
(See Note 3) |
|
·
Hotels and hostels |
75 |
|
|
·
Educational institutions including kindergartens,
nurseries and all others where unaided voice communication is required |
70 65 |
Notes:
(i) The
above standards apply to uses which rely on opened windows for ventilation.
(ii) The
above standards shall be viewed as the maximum permissible noise levels
assessed at 1m from the external facade.
(iii) The
criteria laid down in the relevant technical memoranda under the Noise Control
Ordinance for designated areas and construction works other than percussive
piling may be used for planning purpose. A Construction Noise Permit (CNP)
shall be required for the carrying out of the construction work during the
period.
3.4.2 Noise Control Ordinance, Cap. 400
The Noise
Control Ordinance (NCO) gazetted in 1988, is the fundamental legislation
controlling noise levels in industrial and commercial premises, as well as for
construction works. The NCO is enacted through the Technical Memoranda (TM) and
Regulations. The TM relevant to this
assessment study is the Technical Memorandum for the Assessment of Noise from
Places other than Domestic Premises, Public Places or Construction Sites
(TMNP). TMNP details the procedures that should be adopted by the Authority for
the measurement and assessment of noise emanating from places other than
domestic premises, public places or construction sites. The Acceptable Noise
Levels (ANLs) depend on the ASR of the assessment area. Table 3.4 illustrates
the ASRs of different types of area containing the NSR. The ANLs are shown in
Table 3.5.
Table 3.4 Area Sensitivity Ratings (ASRs)
|
Type of area
containing the NSR |
Not Affected 1 |
Indirectly Affected 2 |
Directly Affected 3 |
|
(i) Rural area,
including country parks or village type developments |
A |
B |
B |
|
(ii) Low
density residential area consisting of low-rise or isolated high-rise
developments |
A |
B |
C |
|
(iii) Urban
area |
B |
C |
C |
|
(iv) Area other
than those above |
B |
B |
C |
1 Not Affected - NSR is located such that the noise
generated by the influencing factors (IF) 4
is not noticeable.
2 Indirectly Affected - NSR is located such
that the noise generated by the influencing factors while noticeable, is not a
dominant feature of the noise environment.
3 Directly Affected - NSR is located such that
the noise generated by the IF is readily noticeable and is a dominant feature
of the noise environment.
4 IFs are defined as industrial areas, major
roads, or the area within the boundary of Hong Kong International Airport.
Table 3.5 Acceptable Noise Levels (ANLs)
|
|
Area Sensitivity Rating |
||
|
Time Period |
A |
B |
C |
|
Day (0700 to 1900 hours) |
60 |
65 |
70 |
|
Evening (1900 to 2300 hours) |
|||
|
Night (2300 to 0700 hours) |
50 |
55 |
60 |
3.4.3 There are no statutory guidelines established on the noise standard for marine traffic noise. In general, where the intruding noise is significantly higher than the background noise, it may cause nuisance to residents and complaints may be expected.
3.5.1 Waste Disposal Ordinance, Cap. 354
The Waste
Disposal Ordinance prohibits the unauthorized disposal of wastes, with waste
defined as any substance or article which has been abandoned. Construction
waste is not directly defined in the Ordinance but is considered to fall within
the category of “trade waste”. Trade waste is defined as waste from any trade,
manufacturer or business, or any waste building or civil engineering materials,
but does not include animal wastes.
Under the
Ordinance, wastes can only be disposed of at a licensed site. A breach of these
regulations can lead to the imposition of a fine and/or a prison sentence. The
Ordinance also provides for the issuing of licenses for the collection and
transport of wastes. Licenses are not, however, currently required for the
collection of and transport of general construction and/or trade wastes.
3.5.2 Public Cleansing and the Prevention of Nuisances Ordinance, Cap. 132
This regulation
provides a further control on littering and illegal dumping of waste on or in
public place. The offender shall be liable to a fine of up to HK$25,000 and to
imprisonment for 6 months.
3.5.3 Waste Disposal (Chemical Waste) (General) Regulation
Chemical wastes
as defined under the Waste Disposal (Chemical Waste) (General) Regulation
include any substance being scrap material, or unwanted substances specified
under Schedule 1 of the Regulation if such substances occur in a form,
quantity, or concentration so as to cause pollution, or constitute a danger to health
or risk of pollution to the environment.
Producers of
chemical wastes must comply with the Code of Practice on the packaging,
labelling, and storage of chemical wastes covered under the Waste Disposal
Ordinance. Under this ordinance, a person should not produce, or cause to be
produced, chemical wastes unless he is registered with the Environmental
Protection Department (EPD).
Producers of chemical wastes must treat their wastes utilising an on-site plant licensed by EPD, or have a licensed collector take the wastes to a licensed facility. For each waste consignment, the waste generator, collector, and disposer must sign all relevant parts of a computerised trip ticket. This will allow the transfer of wastes from cradle to grave to be traced.
The Regulation
also describes the storage facilities to be provided on-site, including
required labelling and warning signs. To minimise the risks of pollution, and
danger to human health, the waste generator is required to prepare and make
available written procedures to be observed in the case of an emergency. This
“emergency plan” should cover emergencies due to spillage, leakage,
fire/explosion, or accidents arising from the storage of chemical wastes. He
must also provide emergency response training to those employees who will be
handling the wastes or working in the vicinity of the storage area.
3.5.4
Work BureauWorks Bureau Technical
Circular No. 4/98 – Use of Public Fill in Reclamation and Earth Filling
Projects
This Circular promulgates policy requiring
reclamation or earth filling projects with imported fill requirements of
300,000 m3 (three hundred thousand cubic metres) or more to consider
using public fill (alternatively termed inert construction and demolition
(C&D) material) for the Works. It amplifies
and should be read in conjunction with WBTC No. 2/93 : Public
Dumps. The terminology in current use
for what used to be called public dumping but which is now called public
filling is shown in the addendum to this circular.
This Circular supplements the policy that
imported fill requirements of 300,000m3 or more for reclamation or
earth filling projects as stipulated in WBTC No. 4/98 which require the project
proponent to consider using public fill for the Works are to include also fill
demand for surcharge mounds and utility zones.
This Circular also makes some minor amendments to WBTC No. 4/98.
3.5.6
Work BureauWorks Bureau Technical Circular
No. 5/98 – On Site Sorting of Construction
Waste on Demolition Sites
Landfills are being filled up far more
rapidly than was programmed and apart from municipal waste the source of much
public fill is from construction and demolition sites. On-site sorting of surplus construction and
demolition (C&D) material is therefore desirable so that inert material can
be disposed of at public filling areas as far as practicable, and the remaining
C&D waste disposed of at landfills.
Dumping Licences for public filling areas require that material to be
disposed of at public filling areas must comprise only earth, building debris,
broken rock and concrete. Such
materials shall be free from marine mud, household refuse, plastic, metal,
industrial and chemical waste, animal and vegetable matter and other matter
considered unsuitable by the Filling Supervisor. Small quantities of timber mixed with otherwise suitable material
may be permitted. The materials
considered unsuitable for disposal at public filling areas have to go to a
landfill. The terminology ---- in current use has been updated and is shown in
the addendum to this circular.
3.5.7
Work BureauWorks Bureau Technical
Circular No. 5/99 – Trip-ticket System for
Disposal of Construction and Demolition Materials
This Circular promulgates the policy to implement
a trip-ticket system in PWP contracts for the proper disposal of construction
and demolition (C&D) material at public filling facilities or
landfills. Maintenance term contracts
are not covered by this Circular.
This Circular amends Works Bureau Technical Circular No. 5/99.
3.5.9
Work BureauWorks Bureau Technical Circular
No. 19/99 - Metallic Site Hoardings and Signboards
This Circular establishes a new policy requiring the use of metallic site hoardings and signboards in order to reduce the amount of timber used on construction sites.
3.5.10 Work BureauWorks Bureau Technical Circular No. 25/99 –
Incorporation of Information on Construction and Demolition Materials
Management in Public Works Subcommittee Papers
This Circular promulgates
the policy and guidelines for incorporating information on the management of
construction and demolition material (C&DM) in Public Works Subcommittee
(PWSC) papers recommending the upgrading of projects to Category A of the
Public Works Programme (PWP) for the implementation of construction works.
3.5.11 Work BureauWorks Bureau Technical Circular No. 25/99A –
Incorporation of Information on Construction and Demolition Materials
Management in Public Works Subcommittee Papers
This Circular amends WBTC No. 25/99 and promulgates the procedures for vetting information on the management of construction and demolition material (C&DM) in Public Works Subcommittee (PWSC) papers, following the policy set out in WBTC No. 25/99.
3.5.12 Work BureauWorks Bureau Technical Circular No. 25/99C –
Incorporation of Information on Construction and Demolition Materials
Management in Public Works Subcommittee Papers
This Circular supplements WBTC No. 25/99 and 25/99A and specifies additional information on construction and demolition material (C&DM) that must be included in Public Works Subcommittee (PWSC) papers.
3.5.13 Work BureauWorks Bureau Technical Circular No. 12/2000 –
Fill Management
This Circular sets out the terms of reference and membership composition of the Marine Fill Committee and Public Fill Committee that shall take up the functions and responsibilities of the Fill Management Committee established in June 1989. It also explains how fill resources, construction and demolition material (C&DM), and dredged/excavated sediment disposal are managed.
3.5.14 Work BureauWorks Bureau Technical Circular No. 29/2000 –
Waste Management Plan
This Circular
introduces the requirement for contractors to prepare and implement a waste
management plan (WMP). The requirement
shall be included in all PWP contracts (including design and build contracts
but excluding term contracts and contracts administered by Electrical and
Mechanical Services Department). The
requirement shall be introduced by way of Particular Specification (PS). Guidelines for the preparation of the PS
clauses are provided in this Circular.
3.6.1 Water Pollution Control Ordinance, Cap. 358
Water quality in Hong Kong is legislated by the provisions of the Water Pollution Control Ordinance (Cap 358), 1980 (WPCO). Through an amendment to the original legislation, Territorial Water has been subdivided into ten Water Control Zones (WCZ) with each WCZ being ascribed a series of Beneficial Uses (BU) and related statutory Water Quality Objectives (WQO) reflecting the assimilative capacity of the water body, or parts thereof, and its predominant uses. The study area lies within North Western Water Control Zone which was declared in 1992.
In 1991, a
Technical Memorandum on Standards for Effluents discharged into Drainage and
Sewerage Systems, Inland and Coastal Waters, referred to as the Technical
Memorandum on Effluent Standards (TMES) was issued. This Technical Memorandum
requires the licensing of all discharges, and sets comprehensive standards for
discharges into all public sewers and drains, as well as all receiving waters,
both inland and coastal.
3.6.2 Practice Note for Professional Persons, ProPECC PN 5/93
As presented in
ProPECC PN 5/93, Building (Standards of Sanitary Fitments, Plumbing, Drainage
Works and Latrines) Regulations 40(1), 40(2), 41(1) and 90, foul water should
be discharged to a foul water sewer and surface water should be discharged via
rainwater pipes to stormwater drains. The water quality standards will have to
be met during all construction stages.
3.6.3 Practice Note for Professional Persons, ProPECC PN 1/94
This Practice
Note provides some basic environmental guidelines for the handling and disposal
of construction site discharges. Eight types of discharges from construction
sites have been identified:
(i)
Surface runoff;
(ii)
Groundwater;
(iii)
Boring and Drilling Water;
(iv)
Wastewater from Concrete Batching & Precast Concrete Casting;
(v)
Wheel Washing Water;
(vi)
Water for Testing & Sterilisation of Water Retaining Structures and
Water Pipes;
(vii)
Water from Building Construction;
(viii) Acid Cleaning, Etching and Pickling Wastewater
3.7.1 Practice Note for Professional Persons, ProPECC PN 2/94
General information and requirements on the Potentially Hazardous Installations (PHI) are provided in this Practice Note. There are existing 34 PHIs in Hong Kong. They include the larger LPG storage facilities, gas works, chlorine stores at water treatment works and explosives factories and depots. Relevant Government contacts are also listed in this Practice Note for further information.
3.7.2 Hong Kong Planning Standards and Guidelines (HKPSG), Chapter 11
Chapter 11 of HKPSG provides planning standards and guidelines on the land uses or facilities related to the installation or located within the consultation zone of PHI. According to the definition of PHI in this Chapter, a PHI is an installation which stores hazardous materials in quantities equal to or greater than a specified threshold quantity, which varies with different substances. The risk guidelines and requirements for the undertaking of hazard assessment (HA), planning studies (PS) and action plans (AP) for existing and proposed PHI are introduced in this Chapter.
3.7.3 Environmental Impact Assessment Ordinance, Cap. 499
Annex 4:
Criteria for Evaluating Air quality Impact and Hazard to Life of TMEIA listed
criterion for hazard to human life according to the Risk Guidelines as shown in
Figure 1 of Annex 4.