Environmental Permit No. EP-134/2002

環境許可證編號EP-134/2002

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

環境影響評估條例

(第499章)

第10條

 

ENVIRONMENTAL PERMIT TO CONSTRUCT, OPERATE AND DECOMMISSION

A DESIGNATED PROJECT

 

建造 `營辦及解除運作指定工程項目的環境許可證

 

 

PART A (MAIN PERMIT)

A部 (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the CIVIL ENGINEERING DEPARTMENT (hereinafter referred to as the "Permit Holder") to construct, operate and decommission 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:

 

根據《環境影響評估條例》(環評條例)第10條的規定，環境保護署署長(署長)將本環境許可證批予土木工程署 (下稱”許可證持有人”)，以建造、營辦及解除運作B部所說明的指定工程項目，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：

 

Application No.

申請書編號

AEP-134/2002

Document in the Register :

登記冊上的文件:

1.        Environmental And Traffic Impact Assessment Study For Fill Bank At Tseung Kwan O Area 137

-          Environmental Impact Assessment Report

-          Executive Summary

-          Environmental Monitoring and Audit Manual

Hereinafrer referred to as the “EIA Report” (Register No. AEIAR-060/2002)

 

         將軍澳第137區填料庫 - 環境和交通影響評估研究

-          環境影響評估報告

-          摘要報告

-          環境監察及審核手冊

         下稱“環評報告”(登記冊編號AEIAR – 060/2002)

 

2.        The Director’s letter of approval of the EIA Report dated 27 June 2002 referenced (40) in Ax (5) to EP 2/N8/C/23 II

 

環境保護署署長於二ＯＯ二年六月二十七日發出批准環評報告的信件檔案編號(40) in Ax (5) to EP 2/N8/C/23 II

 

3.        Application for Environmental Permit dated 17 April 2002 (Application No. AEP-134/2002)

 

許可證持有人於二ＯＯ二年四月十七日提交的環境許可證申請文件(申請書編號AEP-134/2002)

 

 

 

 

 

 

 

 

 

 

 

     2002

 

 

Date

日期

 

(Elvis W. K. AU)

Assistant Director

(Environmental Assessment and Noise)

for Director of Environmental Protection

環境保護署署長

助理署長(環境評估及噪音)區偉光代行

PART B (DESCRIPTION OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

 

Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):

下列為本環境許可證(下稱“許可證) A部所提述的指定工程項目的說明:

 

 

Title of Designated Project

指定工程項目的名稱

 

 

Fill Bank at Tseung Kwan O Area 137 [This designated project is hereinafter referred to as “the Project”].

 

將軍澳第137區的填料庫 [本指定工程項目下稱“工程項目”] 。

 

 

Nature of Designated Project

指定工程項目的性質

 

 

To construct, operate and decommission a temporary fill bank.

 

建造`營辦及解除運作一座臨時填料庫。

 

 

Location of Designated Project

指定工程項目的地點

 

 

 

Area 137 of Tseung Kwan O.  The location of the Project site is shown in Figure 1 of this Permit.

 

將軍澳第137區。工程項目的地點展示於本許可證圖1內。

 

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

 

The project site covers an area of approximately 104 hectares.  The scope of the Project comprises :

 

工程項目的工地面積約104公頃。工程項目的範圍包括：

 

1.        site clearance;

 

工地清理;

 

2.        construction of a temporary storm water system.;

 

建造臨時雨水系統;

 

3.        stockpiling of 6 million m3 of public fill;

 

堆存六百萬立方米的公眾填料;

 

4.        setting up a barging point for transporting the stockpiled public fill by barges;

 

設立一座躉船轉運站以供躉船運送公眾填料;

 

5.        construction and operation of a Construction and Demolition Material Sorting Facility (C&DMSF); and

 

建造及營辦拆建物料分類設施; 和

 

6.   decommission the temporary fill bank.

 

解除運作臨時填料庫。

 

 

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), Dumping at Sea Ordinance (Cap. 466), Waste Disposal Ordinance (Cap. 354), Occupational Safety and Health Ordinance (Cap.509) and Factories and Industrial Undertakings Ordinance (Cap.59).  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 and 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, operation and decommission 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 and decommission the Project in accordance with the project description in Part B of this Permit.

 

1.7        The Permit Holder shall ensure that the Project is designed, constructed, operated and decommissioned in accordance with the information and all recommendations described in the EIA Report (Register No. AEIAR-060/2002), other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of 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 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 certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below, before submitting to the Director under this Permit.

 

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     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, 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 4.0 or later), unless otherwise agreed by the Director, and shall be submitted at the same time as the hard copies.

 

1.12     The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 2 weeks prior to the commencement of construction of the Project.  The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

 

1.13      For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparations, or other works as agreed by the Director.

 

 

 

2.         Special Conditions

 

2.1               An ET shall be established by the Permit Holder no later than one month before commencement of construction of the Project.  The ET shall not be in any way an associated body of the Contractor or the IEC for the Project.  The ET shall be headed by an ET Leader.  The ET leader shall be a person who has at least 7 years' of experience in environmental monitoring and auditing (EM&A) or environmental management.  The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the requirements as contained in the EM&A Manual.  The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report (Register No. AEIAR-060/2002) or this Permit.  This log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report (Register No. AEIAR-060/2002) and this Permit or by the Director or his authorized officers.  Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader.   Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.

 

2.2               An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project.  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.  The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit.  In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.  The IEC shall verify the log-book(s) mentioned in condition 2.1 of this Permit.  The IEC shall notify the Director by fax, within 24 hours of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-060/2002) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project.  In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC.  Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation.  Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.

 

2.3               The Permit Holder shall, within one month after commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

 

 

Submissions For the Project

 

2.4        At least two weeks before commencement of the establishment phase, the Permit Holder shall deposit with the Director 3 sets of drainage plan prepared for the Project.  The drainage plan shall include at least the locations and alignment of the drainage channels, the design details, implementation schedules and drawings in the scale of 1:1000 or other appropriate scale.  The drainage plan shall clearly show the existing drainage channels already constructed for the reclamation at Tseung Kwan O (TKO) Area 137 which shall remain in use; the existing drainage channels to be realigned; the new drainage system to be constructed including those at C&DMSF and site car parking areas; the intercepting channels equipped with sand and silt removal facilities; the temporary drainage facilities including earth bunds and sand bag barriers to allow polluted stormwater to be diverted to the drainage and intercepting channels; the designated outfalls; and their respective implementation schedules.  The drainage plan shall be certified by the ET leader and verified by the IEC as conforming to the requirements set out in Section 6.5 of the EIA Report before deposit.

 

2.5        At least one month before the silt curtain to be provided by the fill bank Project at the outward side of the TKO basin near the barging point, the Permit Holder shall deposit with the Director 3 sets of the proposal on the provision of the silt curtain(s) for the Project.  The proposal shall include the location(s), design details of the silt curtain(s), and drawings in the scale of 1:1000 or other appropriate scale.  The proposal of the silt curtain(s) shall be certified by the ET leader and verified by the IEC before deposit.

 

2.6        At least one month before commencement of the landscape works, the Permit Holder shall deposit with the Director 3 sets of the landscape plan prepared for the Project.  The landscape plan shall include the locations, design details, implementation schedules, and drawings in the scale of 1:1000 or other appropriate scale showing the landscape and visual mitigation measures.  The landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in Section 8.12 of the EIA Report before deposit.

 

 

 

Mitigation Measures To Be Provided During Establishment Phase, Operational Phase and Decommissioning Phase

 

2.7        All construction works shall be carried out during the non-restricted hours daily (i.e. 7:00 a.m. to 7:00 p.m. on weekdays other than general holidays).

 

2.8        The fill bank shall not be operated between 9:00 p.m. and 8:00 a.m. on the following day.  The fill bank shall be closed during the Chinese New Year holidays.

 

2.9        The barging point and the C&DMSF within the fill bank shall not be operated between 7:00 p.m. and 8:00 a.m. on the following day.

 

2.10      Site fencing of at least 2.4 m high shall be erected along the entire northern boundary of the site to separate Fat Tong Chau from the fill bank.

 

2.11      No works shall be allowed within 10 m from the western boundary of the Clearwater Bay Country Park.

 

2.12      A buffer zone of at least 100 m shall be provided between the edge of the stockpiling area and the TVB Broadcast and Production Centre in the TKO Industrial Estate.  Within the buffer zone, no stockpiling, loading and unloading activities shall be allowed.

 

2.13      Truck speed within the site shall be limited to within 10 km per hour.

 

2.14      No truckload drivers shall use the fill bank except those with a valid dumping licence during the operational phase.

 

2.15      A marine based transportation route for public fill shall be provided at TKO Area 137 to allow public fill to be transported by barges to Area 137 from the planned barging point at ex-Kai Tak Airport during the operational phase (mid-October 2002 to December 2004) and to allow public fill to be transported out from Area 137 by barges during the decommissioning phase (January 2004 to December 2007).  During the decommissioning phase, at least 90% of the stockpiled

fill shall be delivered offsite by barges.  But, during the operation-decommissioning overlapping phase (January 2004 to December 2004), delivery of public fill out of Area 137 shall all be by barges.

 

2.16      The fill bank shall not receive further public fill from 1st January 2005.

 

2.17      The drainage works shall be constructed and implemented in accordance with the drainage plan deposited under Condition 2.4 above.

 

2.18      All catchpits, sand and silt removal facilities, and the drainage and intercepting channels on site shall be properly maintained.

 

2.19      The public fill stockpiling area shall be at least 100 m from the seafront.

 

2.20      The C&DMSF shall be at least 20m from the seafront.

 

2.21      The fill bank shall only store public fill.  No such materials as organic, soluble materials, dangerous or toxic materials, and floatable materials (e.g. bottles, plastic bags, foam boxes) shall be stockpiled at the fill bank.

 

2.22      A wheel washing bay shall be provided at the site exit.

 

2.23      Sewage from toilets shall be discharged into foul sewers, or chemical toilets shall be provided.

 

2.24      Wastewater collected from canteen kitchens, including that from basins, sinks and floor drains, shall be discharged into foul sewers via grease traps.  If no communal sewers can be provided, sewage generated from the workforce at the site offices shall be collected by septic tanks and removed by tankers.

 

2.25      All marine vessels used for transportation of fill material shall be provided with tight fitting seals to their bottom openings to prevent leakage of material during transport.

 

2.26      After the completion of the Contract “TKO Port Development at Area 137 Stage 2 – Construction of Seawalls and Reclamation”, the Permit Holder shall be required to provide silt curtains at the outward side of the TKO basin near the barging point throughout the operational phase when there is public fill intake by barges and throughout the decommissioning phase when there is public fill delivered out by barges.  The silt curtains shall be constructed in accordance with the details deposited under Condition 2.5 above.  At the same time, a waste collection vessel shall be provided to remove floating debris on the sea around the fill bank.

 

2.27      Main site offices and site facilities shall be constructed outside the 250 m Consultation Zone of the SENT Landfill.  In the case where an office or a facility is required to be set up at the site entrance and falls within the 250 m Consultation Zone of the SENT Landfill, it shall be constructed on a raised hollow platform.

 

2.28      No underground drainage and sewerage system including underground pipelines and chambers shall be constructed within the 250m Consultation Zone of the SENT Landfill.

 

2.29      Access by the general public to the fill bank site shall be restricted.

 

2.30      During the construction of the drainage works or undertaking of other construction activities, should there be any sign of leachate-contaminated groundwater being detected, the SENT Landfill operator shall be informed to collect the leachate-contaminated groundwater and transfer them back to the sewage treatment works of the SENT Landfill for treatment by the SENT Landfill operator.

 

2.31      The maximum stockpiling height at the fill bank shall be limited to a maximum of +35.2 mPD.

 

2.32     During the operational and decommissioning phases, the Permit Holder shall implement the landscape and visual mitigation measures in accordance with the landscape plan deposited under Condition 2.6 above.  The Permit Holder shall then deposit with the Director 3 copies of the audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the landscape and visual mitigation measures.  The audit report shall be deposited within 2 weeks after completion of the measures.

 

  

 

 

 

3.         Environmental Monitoring and Audit

 

3.1              The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual of the approved EIA report (Register No. AEIAR-060/2002)  Any changes to the EM&A programme shall be justified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EM&A Manual and shall seek the prior approval from the Director before their implementation.

 

3.2              The Permit Holder shall submit two hard copies and one electronic copy of the Baseline Monitoring Report to the Director at least 2 weeks before commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director.  Additional copies of the submission shall be provided upon request by the Director.

 

3.3              The Permit Holder shall submit two hard copies and one electronic copy of the monthly EM&A Report to the Director within 2 weeks after the end of the reporting month.  The submissions shall be certified by the ET Leader and verified by the IEC before submission to the Director.  Additional copies of the submission shall be provided upon request by the Director.

 

3.4              The actions described in the Event /Action Plans of the EM&A Manual shall be fully and properly carried out in accordance with the time frame as set out in the Event/Action Plans, or as agreed by the Director.

 

3.5              All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

 

 

 

4.                  Electronic Reporting of EM&A Information

 

4.1               To facilitate public inspection of the EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 3.2 and 3.3 of this Permit.  For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document.  Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made.  All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hard copies.

 

 

Notes :

 

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 Environment and Food, 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 Environmental Impact Assessment Ordinance (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 Project site by the amended permit.

 

4.           A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the 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 Environment and Food, suspend, vary or cancel this Permit.  The suspended, varied or cancelled Permit shall be removed from display at the Project site.

 

 6.         If this Permit is cancelled or surrendered during construction or operation or decommission of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued.  It is an offence under Section 26(1) of the Ordinance to construct or operate or decommission a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.

 

7.         Any person who constructs or operates or decommissions 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.

 

10.        Occupational safety and health issues are governed by the Occupational Safety and Health Ordinance (Cap. 509), and Factories and Industrial Undertakings Ordinance (Cap. 59).  The Permit Holder is advised to contact the Labour Department for requirements relating to occupational safety and health issues.

 

Environmental Permit No. EP-134/2002

環境許可證編號EP-134/2002

 

Figure 1

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