12.1
Site inspection provides a direct
means to trigger and enforce specified environmental protection and pollution
control measures. These should be undertaken regularly to ensure that
appropriate environmental protection and pollution control mitigation measures
are properly implemented for the activities associated with the Project.
The site inspection is one of the most effective tools to enforce the
environmental protection requirements at the works area.
12.2
The ET Leader should be responsible
for formulating the environmental site inspection, the deficiency and remedial
action reporting system, and for carrying out the site inspections.
The proposal for rectification, if any, should be prepared and submitted to the
ETL and IEC by the Contractor.
12.3
Regular site inspections should be carried
out at least once per week. The areas of inspection should not be limited to
the environmental conditions and the pollution control and mitigation measures
within the works area, it should also review the environmental conditions of
locations that are beyond the boundary of the works area but are likely to be
affected directly or indirectly by the site activities. The ET should
make reference to the following information in conducting the inspection:
§
The EIA and EM&A recommendations
on environmental protection and pollution control mitigation measures;
§
Ongoing results of the EM&A
programme;
§
Works progress and programme;
§
Individual works methodology
proposals (which should include proposal on associated pollution control
measures);
§
Contract specifications on
environmental protection and pollution prevention control;
§
Relevant environmental protection
and pollution control laws; and
§
Previous site inspection results
undertaken by the ET and others.
12.4
The Contractor should keep the ET Leader updated with all
relevant information on the construction contract necessary for him/her to
carry out the site inspections. Inspection results and associated
recommendations for improvements to the environmental protection and pollution
control efforts should be submitted to the IEC and the Contractor within 24
hours for reference and for taking immediate remedial action. The
Contractor should follow the procedures and time-frame stipulated in the
environmental site inspection, and the deficiency and remedial action reporting
system to be formulated by the ET Leader, to report on any remedial measures
subsequent to the site inspections.
12.5
The ET should also carry out ad hoc site inspections if
significant environmental problems are identified. Inspections may also
be required subsequent to receipt of an environmental complaint, or as part of
the investigation work, as specified in the Event and Action Plan for
environmental monitoring and audit.
Compliance
with Legal and Contractual Requirements
12.6
There are contractual environmental protection and pollution
control requirements as well as environmental protection and pollution control
laws in
12.7
To ensure that the works are in compliance with the
contractual requirements, all works method statements submitted by the
Contractor to the ER for approval should be sent to the ET Leader for vetting
to see whether sufficient environmental protection and pollution control
measures have been included. The implementation schedule of mitigation
measures is summarized in Appendix A.
12.8
The ET Leader should also review the progress and programme
of the works to check that relevant environmental laws have not been violated,
and that any foreseeable potential for violating laws can be prevented.
12.9
The Contractor should regularly copy relevant documents to
the ET Leader so that works checking could be carried out effectively.
The document should at least include the updated Works Progress Reports, updated
Works Programme, any application letters for different licence / permits under
the environmental protection laws, and copies of all valid licences /
permits. The site diary should also be available for the ET Leader's
inspection upon his/her request.
12.10
After reviewing the documentation, the ET Leader should
advise the Contractor of any non-compliance with contractual and legislative
requirements on environmental protection and pollution control for them to take
follow-up actions. If the ET Leader's review concludes that the current
status on licence / permit application and any environmental protection and
pollution control preparation works may result in potential violation of
environmental protection and pollution control requirements, he/she should also
advise the Contractor accordingly.
12.11
Upon receipt of the advice, the Contractor should undertake
immediate action to remedy the situation. The ER should follow up to
ensure that appropriate action has been taken in order to satisfy contractual
and legal requirements
12.12
Complaints should be referred to the ET Leader for
action. The ET Leader should undertake the following procedures upon
receipt of any complaint:
i. Log
complaint and date of receipt onto the complaint database and inform the ER and
IEC immediately;
ii. Investigate
the complaint to determine its validity, and assess whether the source of the
problem is due to works activities;
iii. Identify
mitigation measures in consultation with the IEC if a complaint is valid and
due to the works of the Project;
iv. Advise
the Contractor if mitigation measures are required;
v. Review
the Contractor's response to identified mitigation measures, and the updated
situation;
vi. Undertake
additional monitoring and audit to verify the situation if necessary, and
review that circumstances leading to the complaint do not recur;
vii. If
the complaint is referred by EPD, submit interim report to EPD on the status of
the complaint investigation and follow-up action within the time frame assigned
by EPD; and
viii. Record
the complaint, investigation, the subsequent actions and the results in the
monthly EM&A reports.
12.13
During the complaint investigation work, the Contractor and
ER should cooperate with the ET Leader in providing all the necessary
information and assistance for completion of the investigation. If mitigation measures are identified in
the investigation, the Contractor should promptly carry out the
mitigation. The ER should ensure
that the measures have been carried out by the Contractor. A flow chart of the complaint response
procedures is shown in Appendix D.