Environmental Impact Assessment Ordinance (Cap.
499), Section 5(7)
Environmental Impact Assessment Study Brief No. ESB-124/2005
1. BACKGROUND
1.1 An
application (No. ESB-124/2005) 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 24 January 2005 with a Project Profile
(No. PP-239/2005).
1.2 The proposed
Project is to decommission the Yiu Lian Floating Dock No. 3 (the Dock) at the Yam
O Wan of North Lantau (North Lantau), and to construct and operate the Dock at
a proposed location at the South-west coast of Tsing Yi (Tsing Yi) after
relocation. As given in the Project Profile, the Dock has a pontoon length of
about 287m and breadth of 55m and has been operating at North Lantau for a
substantial period of time since late 80s. Present and proposed locations of
the Dock at Lantau and Tsing Yi are shown respectively in Figures 1 and 2 (as modified
from the plans in the Project Profile ref: PP-239/2005). Key elements of the
Project are to:
(i) Decommission the Dock at North Lantau, and
(ii)
Construct and operate the Dock at Tsing Yi.
1.3 Pursuant to
section 5(7)(a) of the EIAO, the Director of Environmental Protection (the
Director) issues this EIA study brief to the Applicant to carry out an EIA
study.
1.4 The purpose
of this EIA study is to provide information on the nature and extent of
environmental impacts arising from the Project and related activities taking
place concurrently. 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 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 Project and associated works together with the
requirements for carrying out the Project;
(ii)
to identify and describe the elements of the community and environment
likely to be affected by the Project and/or likely to cause adverse impacts to
the Project, including natural and man-made environment and the associated
environmental constraints;
(iii)
to identify potential Tributyltin (TBT)
and heavy metal contamination in marine sediments due to operation of the Dock
in Lantau and ways to minimise and mitigate the impacts;
(iv)
to identify and quantify emission sources and determine the significance
of impacts on sensitive receivers and potential affected uses including those
along the Sham Tseng coast, especially in respect of marine water and sediment quality
impacts;
(v)
to identify mitigation measures for the proposed Dock at Tsing Yi with
regard to the risk incidence associated with the Caltex and ExxonMobil West
terminals at South-west Tsing Yi;
(vi)
to propose the provision of mitigation measures so as to minimize
pollution, environmental disturbance and nuisance arising from the Project;
(vii)
to investigate the feasibility, practicability, effectiveness and implications
of the proposed mitigation measures;
(viii)
to identify, predict and evaluate the residual environmental impacts
(i.e. after practicable mitigation) and the cumulative effects expected to
arise from the Project in relation to the sensitive receivers and potential
affected uses;
(ix)
to identify, assess and specify methods, measures and standards, to be
included in the detailed design, decommissioning, construction and operation
stage of the Project which are necessary to mitigate these environmental
impacts and reduce them to acceptable levels;
(x)
to investigate the extent of the secondary environmental impacts that
may arise from the proposed mitigation measures and to identify constraints associated
with the mitigation measures in the EIA study, as well as the provision of any
necessary mitigation measures;
(xi)
to identify constraints associated with the mitigation measures
recommended in the EIA study; and
(xii)
to design and specify the environmental monitoring and audit
requirements to ensure the effective implementation of the environmental protection
and pollution control measures.
3. DETAILED
REQUIREMENTS OF THE EIA STUDY
The Purpose
3.1 The purpose
of this study brief is to scope the key issues of the EIA study and to specify
the environmental issues that are required to be reviewed and assessed in the
EIA report. 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
Environmental Impact Assessment Ordinance (hereinafter known as the ¡§TM¡¨) are
fully complied with.
The Scope
3.2 The
scope of this EIA study shall cover the Project proposed in the Project Profile
and works mentioned in section 1.2 above.
The EIA study shall address the key issues described below, together
with any other key issues identified during the course of the EIA study, and the
cumulative environmental impacts of the Project, through interaction or in
combination with other existing, committed, planned and known potential
development in the vicinity of the Project. Key issues include, amongst others:
Decommissioning
of the Dock at North Lantau
(a)
the potential TBT and heavy metal contaminated marine
sediments caused by operation of the
Dock at Lantau and their handling/treatment method(s);
(b) the
potential water quality impacts caused by decommissioning activities,
especially when potentially contaminated sediments are disturbed during
handling/treatment process;
Construction
and Operation of the Dock at Tsing Yi
(c)
the potential water quality impacts during
handling/disposal of marine sediments caused by construction works;
(d)
practicable means to implement and audit the Applicant¡¦s
proposal in section 3.2.2.1 of the Project Profile with regard to receiving
ships without TBT containing paints during operation stage of the Dock, and
(e)
the potential operational water quality impacts from wastewater
of the Project that might contain anti-fouling chemicals or TBT, where
applicable.
3.3 Notwithstanding that the
study brief has scoped the key issues for assessment, to facilitate public
inspection, the EIA shall cover information presented in the Project Profile
together with necessary updates, and explain why no adverse impacts are
anticipated in certain areas or issues covered by the TM.
3.4 Consideration
of Alternative Options and Methods in Decommissioning, Construction and
Operation
3.4.1
Proposed site at Tsing Yi
i) The
Applicant shall present considerations for the proposed project siting, and the
history of the Project.
3.4.2 Consideration of Alternative Options
and Methods for the Project
Decommissioning
of the Dock at North Lantau
i)
Where the EIA predicts/identifies TBT and heavy metal
contamination in marine sediments caused by operation of the Dock, the
Applicant shall consider different handling/treatment methods for the
contamination. With a view to proposing the best practicable means, a
comparison shall be made with regard to environmental benefits and dis-benefits
of different approaches to handle/treat the contaminated sediments. The
approaches can include, among others, ¡§Leave the sediments in place¡¨, ¡§In-situ
or Ex-site treatment¡¨ or disposal as a last resort;
ii)
Where dredging/disturbance of the TBT and heavy metal
contaminated marine sediments are unavoidable especially during sediments
handling and/or anchor removal, the Applicant shall explore alternative
construction methods in order to minimize adverse water quality impacts;
Construction and Operation of the
Dock at Tsing Yi
iii)
Where the EIA predicts adverse water quality impacts
during construction stage, the Applicant shall explore alternative construction
methods and sequences of works, and
iv)
Where the EIA predicts adverse direct/cumulative water
quality and sediment deposits impacts to sensitive receivers (including those
along the Sham Tseng coast) from wastewater discharge of the Dock, the
Applicant shall consider, among others, alternative wastewater treatment
methods, discharge locations, work modes, mooring location and layout in order
to avoid and minimize adverse environmental impacts during operation stage to
the maximum practicable extent.
3.5 Technical
Requirements
The Applicant shall conduct the EIA study to address the
environmental aspects of the works and activities as described in the scope set
out above. The EIA study
shall include the following technical requirements on specific impacts unless
otherwise approved by the Director specifically in writing.
3.5.1
Water Quality Impact
3.5.1.1 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 for the
Project.
3.5.1.2 The study
area for the purpose of this water quality impact assessment shall cover relevant sensitive receivers that
have a bearing on the environmental acceptability of the Project within the
North Western Water Control Zone, Western Buffer Water Control Zone and part of
the Southern Water Control Zone north of Hei Ling Chau. Sensitive receivers
include beaches along the Sham Tseng coast.
3.5.1.3 The
Applicant shall identify and analyse in the assessment respective physical,
chemical and biological disruptions of marine water and sediments arising from
the Project.
3.5.1.4 The
applicant shall include the following in the water quality impact assessment:
General
(i)
collection and review of background
information on the existing and planned water system(s) and sensitive receivers
which might be affected by the Project;
(ii)
characterization of water quality and
sediment quality on the respective water system(s) and sensitive receivers
which might be potentially affected by the Project based on existing
information or site surveys/tests as appropriate;
(iii)
identification and analysis of existing
and planned future activities (such as respective floating docks operating at
Tsing Yi); beneficial uses related to the water system(s) and water sensitive
receivers;
(iv)
identification of pertinent water
quality and sediments objectives and establishment of other appropriate water
and sediments quality criteria or standards for the water system(s) and
sensitive receivers as identified above;
(v)
establishment of an emission inventory
on the quantities and characteristics
of pollution sources arising from the Project;
(vi)
prediction of impacts on the water
system(s) and sensitive receivers due to those alterations and changes, and the
pollution sources identified above. The prediction shall include different activities
and sequences of the Project;
(vii)
assessment of cumulative impacts due to
relevant concurrent and planned projects, activities or pollution sources within
the identified water system(s). In particular, the cumulative impacts due to
other floating docks moored at Tsing Yi shall be assessed during the operation
stage;
Impact prediction for decommissioning works at Yam O
Wan
(viii)
identification and quantification of dredging,
filling and disposal activities together with any proposed fill source and
disposal ground. Characterization of marine sediments and mobilization of any contaminants
through field investigation, sampling, and chemical laboratory tests including
chemical screening for those contaminants listed in Appendix B. The Applicant
should submit a plan for the Director¡¦s agreement with regard to the range of
investigation parameters; the number, type, location and methods of sampling;
sample preservation, and chemical laboratory test method/protocols;
(ix)
prediction and quantification of impacts
on water system(s) and aquatic lifes due to the presence of contaminated sediments
based on the chemical screening above. Possible impacts include the effect on
benthic organism, aquatic organisms and marine mammal at organismic and
ecosystem levels. The Applicant should submit a plan for the Director¡¦s
agreement with regard to the study methodology, testing and analysis such as
sediment biological toxicity test, bioaccumulation test, sampling and chemical
testing of the water column;
(x)
evaluation and comparison of alternative
handling and treatment methods for the contaminated sediments in accordance
with contaminants investigation results in section ix in order to mitigate the
impacts to within acceptable limits. These alternatives shall include the ¡§Leave
the sediments in place¡¨, ¡§In-situ or Ex-situ treatment¡¨ and ¡§Disposal¡¨ options.
The comparison of different options should comprise at least assessment of the
associated environmental impacts and identification of any residual
environmental impact;
(xi)
simulation and quantification of degree
of mobilization of various contaminants during decommissioning stage by
Elutriate tests (USACE) if marine sediments are found to be contaminated.
Prediction and quantification of impacts associated with the proposed
handling/treatment method above where adverse impacts are anticipated. The possible
impacts include changes in sediment erosion or deposition, water and sediment
quality and the effect on the aquatic organism due to such activities. The Applicant shall seek the Director¡¦s
agreement whether a mathematical modeling
or other technique should be applied to quantify the impacts. Where a
mathematical modeling is necessary to predict and quantify the impacts, the
model shall comply with the specifications listed in Appendix C;
Impact prediction during construction stage at Tsing Yi
(xii)
identification and quantification of
dredging, filling, and disposal activities during the construction stage.
Characterization of marine sediments and mobilization of any contaminants through
field investigation, sampling, and chemical laboratory tests including chemical
screening for those contaminants listed in Appendix B. The Applicant should submit
a plan for the Director¡¦s agreement including the range of investigation
parameters to be analyzed; the number, type, location and methods of sampling;
sample preservation and chemical laboratory test method/protocols;
(xiii) simulation
and quantification of the degree of mobilization of various contaminants during
construction stage by Elutriate tests (USACE) if marine sediments are found to be contaminated. Prediction and
quantification of the marine water quality impacts by techniques approved by
the Director where adverse impacts are anticipated. Possible impacts include
changes in sediment erosion or deposition, water and sediment quality and the
effect on the aquatic organism due to such activities;
Impact prediction during operation stage at Tsing Yi
(xiv)
identification of any physical changes due
to operation of the Dock at Tsing Yi;
(xv)
identification and quantification of pollution
including existing and likely future water pollution sources. The potential
contaminants shall include those caused by ship servicing, in particular due to
hull washing and sand blasting of exterior hull surface. An emission inventory
on the quantities and characteristics of existing and future pollution sources
shall be provided with a view of assessing the cumulative effect. Field
investigation and laboratory tests shall be conducted as appropriate;
(xvi)
conduct of a literature /desktop review
to identify different types of non-TBT paints commonly used on the market and
identification of their characteristics and impacts on the environment arising
from ship servicing activities, because the project profile specifies that the
Dock will only receive ships using non-TBT containing paint;
(xvii)
prediction and quantification, by
mathematical modeling or other technique approved by the Director, of impacts
on water system(s) and sensitive receivers, especially those along the Sham
Tseng coast, due to alterations and changes and the pollution sources
identified. Possible impacts include changes in sediment erosion or deposition,
water and sediment quality, the effect on the aquatic organisms and any
potential impact on sensitive uses. The mathematical model shall comply with
the specifications listed in Appendix C;
Mitigation
(xviii)
proposal to avoid or minimize the
adverse impact identified above, in particular suitable handling method for
potentially contaminated sediments and/or their disposal in the decommissioning and construction stages;
(xix)
proposal of water pollution prevention
and mitigation measures to be implemented for the Project so as to reduce the
water quality, sediment quality and ecological impacts to within acceptable
standards. Best management
practices to reduce waste-water, and non-point source pollution shall be
investigated and proposed as appropriate;
(xx)
proposal of practical and effective
mitigation measures to be implemented for the Dock at Tsing Yi with regard to:
(a)
the
audit of proposal to receive ships without TBT containing paint, and
(b)
management
of waste-water from ship-servicing activities that might contain potentially
contaminated sediments, and
(xxi)
evaluation and quantification of
residual impacts on the water system(s) and the sensitive receivers with regard
to the appropriate water and sediment quality criteria, standards and
guidelines.
3.5.2
Waste Management
Implications
3.5.2.1 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM respectively.
3.5.2.2 <