Environmental Permit No. EP-325/2009
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
第 10 條
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT
PART A (MAIN PERMIT)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants this environmental permit to the Drainage Services Department (hereinafter referred as the “Permit Holder”) to construct and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:
Document in the Register
(1) Project Profile – “Yuen Long Kau Hui No. 2 Sewage Pumping Station”
(Register No. : PP-371/2008)
工程項目簡介 – “元朗舊墟第二污水泵房”
(2) The Director’s letter of permission to
apply directly for environmental permit dated
( Ref. : Ax(2) EP2/N6/F/26 )
( 檔案編號 : Ax(2) EP2/N6/F/26 )
(3) Application for Environmental Permit submitted on
( 申請書編號 : AEP-325/2008 )
( WONG Hon-meng )
Principal Environmental Protection Officer (Strategic Assessment)
for Director of Environmental Protection
Title of Designated Project
Yuen Long Kau Hui No. 2 Sewage Pumping Station
[ This designated project is hereinafter referred to as “the Project” ]
[ 這指定工程項目下稱 “工程項目” ]
Nature of Designated Project
Construction and operation of a sewage pumping station with an installed capacity of more than 2,000 m3 per day and a boundary of which is less than 150m from an existing residential area (Shan Pui Chung Hau Tsuen).
建造及營辦一個汚水泵房，所裝置的泵水能力超過每天2,000立方米，而其界線距離現有住宅區 (山貝涌口村) 少於150米。
Location of Designated Project
Tung Tau Industrial Area, Yuen Long
Location of the Project is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project(s)
Construction and operation of a sewage pumping station with a design capacity of 5,900 m3/day and a peak pumping capacity of about 20,650 m3/day.
PART C (PERMIT CONDITIONS)
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 without limitation to the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defence 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 of the Project and shall mean the same hereafter.
1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project site(s) at all vehicular site entrances/exits or at a convenient location for public 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 Project 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 recommendations described in the Project Profile (Register No. PP-371/2008) in the Register, and the information and mitigation measures described in this Permit, and mitigation measures to be recommended in the submissions that shall be deposited with or approved by the Director as a result of the 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 verified by an Independent Environmental Checker (IEC) before submitting to the Director under this Permit. 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.
1.10 The Permit Holder shall release all finalized 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 other 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 commencement date of construction of the Project no later than 2 weeks prior to commencement of construction of the Project. The Permit Holder shall notify the Director in writing immediately if there is a change of the commencement date of the construction.
1.12 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation or other works as agreed by the Director.
1.13 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 of Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized 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 hard copies.
按本許可證的規定向署長提交的所有文件，須親身送交或以掛號方式郵寄至環境影響評估條例登記冊辦事處(現址為：香港灣仔軒尼詩道130號修頓中心27樓)。所有按本許可證規定提交的文件定稿的電子版本，均須以超文本標示語言 (HTML) (第4.0或較後版本) 和便攜式文件格式 (PDF) (第4.0或較後版本) 製作，除非另獲署長同意，並須與硬複本同時提交。
2. Specific Conditions
2.1 All the pumps and mechanical screens shall be fully enclosed within the concrete structure of the sewage pumping station. Ventilation fans mounted on the façade wall shall be orientated away from sensitive receivers.
2.2 The screening hall and wet well shall be located underground and enclosed by a concrete structure. The deodorization unit shall comprise a forced ventilation system and use activated carbon or other equivalent odour removal techniques with a H2S removal efficiency of 99.5%.
2.3 The ventilation exhaust outlet of the deodorization unit shall be located on the rooftop and face away from noise sensitive receivers. Concrete parapet wall of 1.1 metre tall erected along the boundary of the sewage pumping station roof shall be maintained in good condition during the operation stage.
2.4 All openings of the sewage pumping station shall be installed with acoustic louvers.
2.5 A 3 metre tall boundary wall shall be constructed along the eastern and northern boundaries of the pumping station compound as shown in Figure 2 of this permit, and maintained in good condition during the operation of the sewage pumping station.
在泵房場地的東面及北面邊界，即本許可證 圖 2所示，建設一道3米高的圍牆，並須在汚水泵房營辦期間維持良好狀態。
2.6 During construction of the sewage pumping station temporary noise barrier(s) of 3 metres in height shall be erected at the construction site to protect noise sensitive receivers in the vicinity from the construction noise impact arising from the Project.
2.7 To minimize the chance of sewage bypass during operation of the Project, standby pump and mechanical screen, backup power supply in the form of dual power supply or automatic operated emergency generator shall be provided in the sewage pumping station.
2.8 The Permit Holder shall implement the landscape and visual measures as proposed in the Project Profile (Register No. PP-371/2008) and shown in Figures 3 , 4 and 5 attached to this permit. Any changes to the landscape and visual proposals set out in the Project Profile, including the colour scheme and facade treatment, shall be submitted to the Director for approval before commencement of construction of the Project.
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 of the Project, another environmental permit must be obtained under the Ordinance before construction or operation of 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 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.
Environmental Permit No. EP-325/2009