Environmental Impact Assessment Ordinance (Cap. 499)

Section 5 (7)

Environmental Impact Assessment Study Brief No. ESB-098/2002

Project Title : South East Kowloon Development – Kai Tak

Approach Channel Reclamation

Name of Applicant : Kowloon Development Office,

Territory Development Department

(hereinafter known as the “Applicant”)

1. BACKGROUND

1.1 An application (No. ESB-098/2002) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 14 March 2002 with a Project Profile (No. PP-162/2002).

1.2 The Schedule 2 Designated Projects as defined in the EIAO covered under this study brief includes the works as described in Section 1.4(3) of the Project Profile (PP) for the formation of approximately 28 ha of land (at the Kai Tak Approach Channel (KTAC)), which constitutes a Designated Projects by virtue of Item C.1 of Schedule 2 of the EIAO for reclamation works of more than 5 ha in size and the associated dredging works. The works described in section 1.4(1) of the PP to clean up the contaminated sediment in the KTAC and to elimination odours resulting from the anaerobic decomposition of the organics in the sediment are integral parts of the reclamation and dredging works in the context of this EIA study brief. These works are hereinafter referred as the “Project”. The location of the Project is shown in Figure 1.

1.3 For the avoidance of doubt, the performance of the pilot tests for sediment treatment as detailed in section 1.4(2) of the PP, the extension and widening of Kai Tak Nullah and laying of the Jordan Valley box culvert as detailed in section 1.4(4) of the PP, the construction of advance portions of the planned road tunnels underneath the extended box culverts (part of Roads D4 and D5) as detailed in section 1.4(5) of the PP and demolition works for the former airport taxiway bridge across KTAC as detailed in section 1.4(6) of the PP are not considered Designated Projects, and are not covered within the scope of this EIA study brief.

1.4 The SEKDCFS is a Designated Project under Item 1 in Schedule 3 of the EIAO for “Major Designated Projects Requiring EIA Reports”. On 11 June 2001, the Applicant submitted the environmental impact assessment (EIA) report for the SEKDCFS [EIA Report (Volume 1 & 2) – July 2001; EIA Executive Summary – July 2001 and Environmental Monitoring and Audit Manual – July 2001] (SEKDCFS-EIA) to the Director for approval under the EIAO. Under the EIAO, the SEKDCFS-EIA was exhibited for public inspection from 31 July 2001 to 29 August 2001 during which no public comments were received. The findings of the SEKDCFS-EIA were presented to the Advisory Council of the Environment (ACE) and the report was endorsed by the ACE on 17 September 2001 as a Schedule 3 EIA without conditions. On 25 September 2001, the SEKDCFS-EIA was approved as a Schedule 3 EIA by the Director under the EIAO (EIAO Register Ref: AEIAR-044/2001).

1.5 Based on a preliminary design concept, the SEKDCFS-EIA established the broad environmental feasibility of the various development packages under SEKD and their cumulative impacts on the existing, committed and planned land-uses in the redevelopment as well as new development areas within SEKD. A number of Schedule 2 Designated Projects are covered under the SEKDCFS-EIA, including the Designated Projects described in section 1.2 above. It is recommended in the SEKDCFS-EIA that during the detailed design stage and prior to the application of the Environmental Permit for the construction and operation of the Schedule 2 Designated Projects, detailed EIAs be undertaken. These EIAs shall make reference to the SEKDCFS-EIA for those assessed impacts, and shall complete any further studies on outstanding environmental issues or on new environmental issues that may emerge during the design stage of the project. In general, the scope for these works is expected to be consistent with that of the SEKDCFS-EIA and that in the Outline Master Development Plan for the SEKDCFS.

1.6 Pursuant to section 5(7)(a) of the EIAO, the Director issues this EIA study brief to the Applicant to carry out an EIA study for the Project as detailed in section 1.2 above.

1.7 In setting out the scope of the issues to be addressed in this EIA study, the Director has considered the findings and recommendations of the SEKDCFS-EIA, and that the work scope detailed in section 1.2 above is generally consistent with that covered under the SEKDCFS-EIA. The purpose of this study brief is to scope the key issues of this EIA study and to specify the environmental issues that are required to be reviewed, updated and assessed, as appropriate, in the EIA report in the light of the availability of additional information during the design and construction stage of the project.

1.8 The purpose of this EIA report is to provide information on the nature and extent of environmental impacts arising from the construction and operation of the project and related activities taking place concurrently, with reference to the relevant findings and recommendations of the SEKDCFS-EIA. This information will contribute to decisions by the Director on:-

(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the Project;

(ii) the conditions and requirements for the detailed design, construction and operation of the Project to mitigate against adverse environmental consequences wherever practicable; and

(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.

2. OBJECTIVES OF THE EIA STUDY

2.1 The objectives of the EIA study are as follows:-

(i) to describe the proposed project and associated works together with the requirements for carrying out the proposed project;

(ii) to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including the natural and man-made environment and the associated environmental constraints;

(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;

(iv) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction of the Project;

(v) to investigate the feasibility, practicability, effectiveness and implications of the proposed mitigation measures;

(vi) to identify, predict and evaluate the residual environmental impacts (i.e. after practicable mitigation) and the cumulative effects expected to arise during the construction phase of the project in relation to the sensitive receivers and potential affected uses;

(vii) to identify, assess and specify methods, measures and standards, to be included in the detailed design and construction of the project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;

(viii) to investigate the extent of secondary environmental impacts that may arise from the proposed mitigation measures and to identify constraints associated with the mitigation measures recommended in the EIA study, as well as the provision of any necessary modification; and

(ix) to design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted; and

3. DETAILED REQUIREMENTS OF THE EIA STUDY

3.1 The Purpose

The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the EIAO (hereinafter referred to as “the TM”) are fully complied with.

3.2 The Scope

The scope of this EIA study shall cover the Project as detailed in sections 1.2 above. The EIA study shall address the likely key issues described below, together with any other key issues identified during the course of the EIA study:-

(i) identify, with suitable justifications and rationale behind the selection, as based on the results of sediment investigation, assessment and pilot tests, a preferred sediment remediation strategy and reclamation method for KTAC with reference to, but not limited to no dredged reclamation with in situ treatment, dredge reclamation with ex situ treatment, and minimum dredge reclamation with a combination of in situ and/or ex situ treatments;

(ii) the potential odour impact arising from the reclamation works at the KTAC, including any impact that may arise from associated dredging and sediment treatment works;

(iii) the potential risks associated with biogas, the handling of contaminated sediment during construction as affecting construction site workers; and risk of biogas and residual contaminants as affecting future occupants of the formed land over the KTAC;

(iv) the potential water quality impacts during reclamation, due to in situ and ex situ treatments of contaminated sediments, dredging, reclamation runoff and effluent discharge;

(v) if ex situ treatment method for the contaminated KTAC sediment is recommended, the environmental nuisances such as dust, odour, noise and water that would be associated with the treatment method and the feasibility of reusing the treated sediment, including any potential for associated land contamination impact;

(vi) the potential impacts associated with waste generation during construction both in quantity and quality;

(vii) the details of the construction programme, the construction methodologies and an assessment of the extent to which the technology(ies) to be employed for treatment of the contaminated sediment is(are) proven technology(ies); and

Cumulative impact

(viii) the cumulative construction impacts from the Project and other potentially concurrent activities within the vicinity at SEKD, including but not limiting to the “Construction and demolition materials recycling facility at Kai Tak” by CED, “Temporary public filling barging point at Kai Tak” by CED, “Kai Tak North Apron Early Development Package by TDD, works relating to temporary reprovision of existing facility along runway (e.g., DG Ferry Pier and public cargo working area), extension and widening of the Kai Tak Nullah, laying of the Jordan Valley box culvert, and other drainage outfalls into KTAC as detailed in section 1.4(4) of the PP, the construction of advance portions of the road tunnels underneath the extended box culvert (part of Roads D4 and D5) as detailed in section 1.4(5) of the PP, and demolition of the former taxiway bridge across KTAC as detailed in section 1.4(6) of the PP.

3.3 Consideration of Alternative Technologies for Treatment of Contaminated Sediment and Alternative Dredging Methods

3.3.1 The EIA shall present the rationale behind selecting certain sediment treatment and reclamation methods and any alternative methods that have been considered in the light of any additional information available during the design stage. A review of available technologies for the treatment of contaminated sediment and how these technologies compare for factors including but not limited to their effectiveness, implementability and environmental advantages for the KTAC reclamation works.

3.3.2 The EIA shall present the rationale behind selecting certain dredging methods and any alternative methods that have been considered in the light of any additional information available during the design stage, and how the preferred methods serve to minimize adverse environmental effects.

3.4 Technical Requirements

The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The EIA study shall include the following technical requirements on specific impacts.

3.4.1 Construction Methodologies and Programme

3.4.1.1 The Applicant shall include in the EIA report details of the construction programme and methodologies.

3.4.2 Sediment Contamination Impact

3.4.2.1 The Applicant shall make reference to the SEKDCFS-EIA, extract and present all relevant information from the SEKDCFS-EIA on the Project to address the sediment contamination impacts as detailed in sections 1.2 above. A review shall be carried out to identify for any information gap and to carry out further investigations as necessary. Any new and additional information arising from the construction and operation of the Project shall also be presented.

3.4.2.2 The EIA report shall cover the followings:-

(i) an overview of the sediment quality of the KTAC based on findings of previous investigations made under the SEKDCFS-EIA and any additional investigations found necessary as a result of the review required under section 3.4.2.1 above. This shall include a historic review of polluting land uses upstream of the KTAC and their associated pollutants, site and sediment characterization, investigation methodology, investigative results with presentation of all relevant field and laboratory investigation results, including the results of the bench-scale and pilot-scale sediment treatability tests recommended in the SEKDCFS-EIA;

(ii) a detailed review of currently available sediment treatment methods and dredging methods (including but not limited to descriptions of the technologies and a comparison of their effectiveness and implementability, environmental advantages and disadvantages.);

(iii) an assessment of the results from section 3.4.2.2(i) and (ii) above and, based on these results, review the applicability of the recommendations on the sediment treatment and reclamation options for the KTAC in the SEKDCFS-EIA;

(iv) A presentation of the findings of bench scale tests and pilot tests for sediment treatment as recommended in the SEKDCFS-EIA and review of currently available reclamation and sediment treatment methods as mentioned in section 3.4.2.2(i) and (ii) above; the tests shall be conducted with a view to determining the followings:-

(a) treatability of the contaminated sediment by in-situ methods;

(b) treatability of the contaminated sediment by ex-situ methods;

(c) the risk of any harmful bi-products that may be created in the sediment remediation process, such as hexavalent chromium;

(d) characteristics and quantity of wastewater generated during ex situ treatment, if recommended;

(e) release of chemicals and mobilization of contaminants to the water column for in situ treatment, if recommended;

(f) the potential for biogas production; and

(g) engineering design requirements for application of in-situ treatment method including but not limited to well size, spacing and construction and water quality monitoring requirements.

(v) an assessment of the potential risk associated with biogas and any risk from residual contaminants on future occupants of the formed land at KTAC; and risk to workers associated with biogas and handling of contaminated sediment during the construction stage;

(vi) based on the results of sediment investigation, assessment and pilot tests as detailed in sections 3.4.2.2(i), (ii), (iii), (iv) & (v) above, identify a preferred sediment remediation strategy and reclamation method for KTAC with reference to, but not limited to, the following three options considered in the SEKDCFS-EIA:-

Ÿ no-dredge reclamation with in situ treatment;

Ÿ dredge reclamation with ex situ treatment; and

Ÿ minimum dredged reclamation with in situ and/or ex situ treatment.

The reclamation and sediment remediation strategy shall be selected with a view to minimize dredging requirements, with due consideration to the acceptability of the final land use following sediment treatment and reclamation of the KTAC area and adjacent lands. The feasibility of the preferred reclamation and sediment remediation strategy for application on a full-scale level for KTAC shall be clearly demonstrated; and

(vii) detailed engineering design of the reclamation and sediment remediation methodologies shall be presented, together with a reasonable estimate of the volume of contaminated sediment.

(viii) If in-situ treatment is to be adopted (leaving sediment in place), the monitoring of biogas emission at KTAC reclamation should be included. The EIA shall also include the followings:-

(a) a proposal on collection and analysis of representative samples for the agreement of the Director; and

(b) a proposal, with justifications, on monitoring, mitigation and protection measures on proposed developments, if found necessary.

3.4.3 Water Quality Impact

3.4.3.1 The Applicant shall make reference to the SEKDCFS-EIA, extract and present all relevant information from the SEKDCFS-EIA on the Project as detailed in sections 1.2 above, and incorporate any new and additional information to address the water quality impacts arising from the construction and operation of the Project. The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annexes 6 and 14 of the TM, respectively.

3.4.3.2 The EIA report shall cover the following:-

(i) the water quality impacts arising from the reclamation works at the KTAC during the construction stage, including any associated dredging and sediment treatment works based on the preferred reclamation method and sediment remediation strategy recommended in accordance with section 3.4.2.2(vi) above. The treatment and disposal requirement for the wastewater generated due to ex situ sediment treatment shall be assessed. If the quantity of the wastewater generated is outside the flow band as stipulated in the Technical Memorandum – Standards for Effluents Discharged into Drainage and Sewerage Systems, Inland and Coastal Water under the Water Pollution Control Ordinance (WPCO-TM), or there are substances in the wastewater that are not covered in the WPCO-TM, the impacts due to the wastewater disposal shall be quantitatively assessed. The methodology of assessment shall be agreed with the Director;

(ii) the cumulative water quality impacts due to the construction of the Project and other concurrent projects within SEKD as detailed in sections 3.2 (viii) above;

(iii) recommendation of a water quality monitoring programme based on section 3.4.3.2(i) & (ii) above. Particular attention shall be given to the design of the monitoring programme to detect whether the applied chemicals / by-products / pollutants attached to the sediment will be released / mobilised to the water column.

3.4.3.3 The study area shall include all areas within and 300m beyond the boundary of the Project, plus the Victoria Harbour Water Control Zone (WCZ), the Eastern Buffer WCZ and the Western Buffer WCZ as declared under the Water Pollution Control Ordinance.

3.4.3.4 The Applicant shall review and update the construction water quality impacts assessment of the SEKDCFS-EIA on the reclamation works at the KTAC as detailed in sections 3.4.3.2(i) above, taking on board additional information on the preferred reclamation method and sediment remediation strategy recommended in accordance with section 3.4.2.2(vi) above. For this purpose, the Applicant shall carry out the assessment making reference to similar methodologies adopted in the SEKDCFS-EIA. Additional information on the water and sediment quality of the KTAC collected from recent investigation, including data from the bench-scale and pilot-scale tests for sediment remediation assessment as recommended in the SEKDCFS-EIA shall be incorporated in the assessment.

3.4.4 Air Quality Impact

3.4.4.1 The Applicant shall make reference to the SEKDCFS-EIA, extract and present all relevant information from the SEKDCFS-EIA on the Project as detailed in sections 1.2 above, and incorporate any new and additional information to address the air quality impacts arising from the construction of the Project. The Applicant shall follow the criteria and guidelines for evaluating and assessing air pollution as stated in section 1 of Annexes 4 and 12 of the TM, respectively.

3.4.4.2 The EIA report shall cover the followings:-

(i) the dust and odour impact arising from the reclamation works at the KTAC, including any associated dredging and sediment treatment works. If ex situ treatment method for the contaminated KTAC sediment is recommended, the associated emissions including dust and odour;