Environmental Permit No. EP-152/2003

環境許可證編號:EP-152/2003

 

 

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

環境影響評估條例

(499)

10

 

ENVIRONMENTAL PERMIT TO CONSTRUCT A PART OF THE

DESIGNATED PROJECT

 

建造及營辦指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the Director of Environmental Protection (the Director) grants this Environmental Permit to MAIN WEALTH COMPANY LIMITED(hereinafter referred to as the “Permit Holder”) to construct, operate the reclamation and decommission theship building and repairing facilities as designated projects 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第10條的規定,環境保護署署長(署長)將本環境許可證批予滿偉發展有限公司(下稱許可證持有人)以建造及運作B所說明的填海工程及解除B所說明的船舶建造及修理設施但須遵守C所列明的條件本環境許可證的發出,乃以下表所列的文件、批准或許可作為根據

 

 

Application No.

申請書編號:

 

 

 AEP-152/2002

 

 Document in the Register:

登記冊上的文件:

 

 (1) Environmental Impact Assessment for Yau Tong Bay Development – Reclamation of Yau Tong Bay  (Register No. AEIAR-053/2002)

油塘灣發展計劃 - 油塘灣填海工程環境影響評估

(登記冊編號:AEIAR-053/2002)

 

- Environmental Impact Assessment Report  (Final) (January 2002)

Volume 1 and Volume 2 [hereinafter referred to as the "EIA Report"]

- 環境影響評估最終報告 (20021) -

第一冊第二冊 [下稱「環評報告」]

 

- Environmental Monitoring and Audit Manual  (January 2002)

- 環境監察審核手冊  (20021)

 

- Executive Summary (January 2002)

- 摘要  (20021)

 

(2) The Director’s letter of approval of the EIA Report dated 8.4.2002 in (18) in EP2/K15/C/06 Part 4

   署長已於200248日發出該環評報告的批准信,檔案編號(18) in EP2/K15/C/06 Part 4

 

 

(3) Application documents including all attachments submitted by the Permit Holder on 31.12.2002 (Application No. AEP-152/2002)

- Attachment: “Proposal of Independent Environmental Auditing (for Private Development)”

 

      申請文件包括許可證持有人於20021231日提交的所有附件 (申請書編號 AEP-152/2002) [下稱「申請書」]

附件:獨立環境審核建議書 (私人發展項目)

 

  

 

 

 

 

29 January 2003

 

 

 

Date

日期

 

(Elvis Au)

Assistant Director of Environmental Protection

(Environmental Assessment and Noise)

for Director of Environmental Protection

環境保護署署長

( () 區偉光代)

 

 

 

 

 

 

 

 

 


PART B (DESCRIPTIONS OF DESIGNATED PROJECTS)

B (指定工程項目的說明)

 

Hereunder is the description of the designated projects 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所提述的指定工程項目的說明:

 

 

Title of Designated Projects

指定工程項目的名稱

 

 

1)       Reclamation of Yau Tong Bay (YTB) [this is referred hereafter as “the Reclamation Project”]

2)       Decommissioning of the ship building and repairing facilities at the marine lots within Yau Tong Bay [this is referred hereafter as “the Decommissioning Project”]

[The above designated projectsarecollectively referred to as “the Project”hereinafter]

 

1)       油塘灣填海工程 [下稱「填海工程」]

2)       解除位於油塘灣的船舶建造及修理設施[下稱「解除工程」]

 

[以上指定工程項目合稱「工程項目」]

 

 

 

Nature of Designated Projects
指定工程項目的性質

 

 

1)       Reclamation of more than 5 ha in size

2)       Decommissioning of ship building and repairing facilities more than 1 ha in size

 

1)       面積大於五公頃之填海工程

2)       解除面積一公頃以上的船舶建造及修理設施

 

 

Location of Designated Project

指定工程項目的地點

 

Yau Tong Bay.  The location of the project is shown in Figure 1 attached to this Permit.

油塘灣。 1 顯示工程項目的位置。

 

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

 

 

1)       Reclamation of about 12 hectares of YTB to form land for the proposed Yau Tong Bay Comprehensive Development Area (CDA).  Also include construction of seawall and movable concrete decking, diversion of existing drainage outfall, provision of new stormwater drainage / sewerage systems, and infrastructure for the future Yau Tong Bay CDA.

 

2)       Decommissioning of the marine lots (about 9.6 ha in size) which have the potential history of land contamination due to ship building and repairing facilities; and demolition of existing building structures at the marine lots / government lots within Yau Tong Bay for the future Yau Tong CDA.

 

1)       於油塘灣進行面積為十二公頃的填海,以提供土地發展計劃中的油塘綜合發展項目。工程並包括建造海堤和石屎平台、更改現有雨水渠排水口和於新填海區上興建新的雨水/污水渠、基建設施以配合未來綜合發展項目。

2)       解除油塘灣海旁地段(面積大約9.6 公頃)的船舶建造及修理設施和拆除其他現有建築物以配合未來綜合發展項目。

 

 

 

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 (EIA) 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) and Waste Disposal Ordinance (Cap.354). This Permit does not of itself (a) constitute any ground of defence against any proceedings instituted under any legislation or (b) 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 authorized 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 EIA Ordinance Register Office.

 

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 reclamationand/or decommissioning Project(s) and shall mean the same hereafter.

 

1.5              The Permit Holder shall display conspicuously a copy of this Permit on the work 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 construction site(s).

 

1.6              The Permit Holder shall construct andoperate the reclamation, and decommission theshipbuilding and repairing facilities as described in Part B of this Permit.

 

1.7              The Permit Holder shall ensure that the reclamation is designed, constructed and operated, and the ship building and repairing facilities are decommissioned,in accordance with the information and recommendations described in the EIA report (Register No. AEIAR-053/2002); other relevant documents in the EIA Ordinance Register Office; and the information or mitigation measures described in this Permit, and 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 EIA Ordinance Register Office 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 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, or 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. 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 2.2 and 2.3 below, before submitting to the Director under the Permit.  All submissions or any variation of the submissions in relation to the soil remediation work shall be confirmed by the Independent Environmental Auditor (IEA) referred to in Condition 2.4 below before submitting to the Director under the Permit.

 

1.10          The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA 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 dates of the Reclamation and the Decommissioning Projectsat least one month before the commencement of the respective parts of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates.

 

1.12          All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIA 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.

 

1.13          For the purpose of this Permit, "commencement of the Project", "commencement of the Decommissioning Project"and "commencement of the Reclamation Project " do not include works related to site clearance and preparation, or other works as agreed by the Director.

 

 

2.        Submission and Measures before Commencement of the Reclamation and the Decommissioning Project(s)

 

Submission ofa Schedule of Works

 

 

2.1              The Permit Holder shall deposit a schedule of works to the Director no later than one week before the commencement of the Reclamation Project or the Decommissioning Project, whichever is the earlier.  The schedule shall provide information on :

 

 

a)                  the ET(s), IEC and IEA appointed for the Decommissioning Project and the Reclamation Project and their responsibilities;

b)                  the  Contractor(s) appointed for the Decommissioning Project and the Reclamation Project and an organization chart showing the relationship and line of communication between the Permit Holder, the Contractor(s), the ET, the IEC and the IEA;

c)                  when available, the land resumption programme of the lotsas listed under condition 2.13(a);

d)                  when available, the demolition and soil remediation work schedule for each lot;

e)                  the anticipated completion date for the soilremediation work and the reclamation work; and

f)                    the anticipated schedule for submissions to reflect requirements as set out in this permit.

 

 

Employment of Environmental Monitoring & Audit (EM&A) Personnel

 

2.2              An Environmental Team (ET) shall be established by the Permit Holder no later than one month before the commencement of the Reclamation Project or the Decommissioning Project, which ever is the earlier.  The ET shall be headed by an ET Leader.  The ET Leader shall be a person who has at least 7 years’ experience in EM&A,environmental management plus soil remediation work. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EIA report (Register No. AEIAR-053/2002) and the approved EM&A Manual submitted under condition 2.7 of this Permit.  The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances which may affect the EIA and each and every non-compliance with the recommendations of the EIA Report (Register No. AEIAR-053/2002) or this Permit.  The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstance.  This log-book shall be kept readily available for inspection by all persons assisting in the supervision of the implementation of the EIA Report recommendations 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.  The ET shall not be in any way an associated body of the Contractor, the IEC or the IEA for the Project.

 

2.3              An IEC shall be employed by the Permit Holder at least one month before the commencement of the Reclamation Project or the Decommissioning Project, whichever is the earlier.  The IEC shall be a person who has at least 7 years’ experience in EM&A or environmental management plus soil remediation work.  The IEC shall be responsible for duties defined in the EM&A Manual submitted and approved under Condition 2.7 of this Permit, and shall audit the overall EM&A programme described in the EIA report (Register No. AEIAR-053/2002) for the Reclamation Project and the Decommissioning Project. The IEC shall audit the implementation of all environmental mitigation measures, submissions required in the EM&A Manual and 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 2.2 of this Permit.  The IEC shall notify the Director by fax, within 24 hours of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-053/2002) or this Permit, which might affect the monitoring or control of adverse environmental impact.  Where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined 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.  The IEC shall not be in any way an associated body of the Contractor, the ET or the IEA for the Project.

 

 

2.4              The Permit Holder shall engage an IEA at least one month before the commencement of the Decommissioning ProjectThe IEA shall be independent from the Contractor, the ET and the IEC for the Project. The IEA shall have at least 7 years’post-professional qualification experience in environmental monitoring and auditing, and soil remediation works which include, but not limited to, biopiling and solidification and soil remediation independent testing / analysis.  The IEA shall be responsible for monitoring and auditing the performance of the work of the IEC and ET required under this Permit to ensure compliance.  The IEA shall monitor soil sampling and testing process. The IEA shall witness the collection and splitting of duplicate samples on-site.  In addition, the IEA shall be responsible for auditing the overall acceptability of the soil remediation work, the satisfactory completion of the soil remediation work and its documentation in the Soil Remediation Report required under Condition 3.17. 

 

Establishment of Environmental Management Committee (EMC)

 

2.5              The Permit Holder shall set up an Environmental Management Committee (EMC) before the commencement of the Decommissioning Project to advise on and monitor the effectiveness of the soil remediation process.  The Permit Holder shall inform the Director in writing the membership of the EMC at least 1 week before the commencement of the Decommissioning Project.

 

Management Organization of Main Construction Companies

 

2.6              The Permit Holder shall, at least 1 week before the commencement of the Reclamation Project or the Decommissioning Project, which ever is the earlier, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures appointed for the Reclamation Project and the Decommissioning Project.  The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

 

Updating of Environmental Monitoring & Audit (EM&A) Manual

 

2.7              At least one month before the commencement of the Reclamation Project or the Decommissioning Project, whichever is the earlier, the Permit Holder shall submit to the Director for approval four hard copies and one electronic copy of an updatedEM&A Manual for the Project.  The EM&A Manual shall make reference to the approved EM&A Manual submitted with the EIA report in January 2002 (as referred in Part A).  The EM&A Manual shall detail the monitoring and audit requirements for the Reclamation Project and the Decommissioning Project, including the soil remediation monitoring requirement outlined in Condition 3.5, 3.7, 3.11 and 3.12 of this Permit.   The EM&A Manual shall also describe the IEA duties and responsibilities for the Decommissioning Project.  Before submission to the Director, the EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the EIA Report and the application documents submitted with this EP application as referred in Part A. Section(s) in the EM&A Manual that is specific to soil remediation work shall also be confirmed by the IEA before submission to the Director.  All measures recommended in the approved EM&A Manual shall be fully and properly implemented in accordance with the requirements and time schedule(s) set out in the EM&A Manual. The EM&A Manual approved under this Condition shall hereinafter be referred to as the “EM&A Manual”.

 

Submission of Construction Noise Mitigation Plan (CNMP)

 

2.8              At least one week before commencement of the Reclamation Project or theDecommissioning Project, whichever is the earlier, the Permit Holder shall deposit with the Director 3 copies of construction phase noise mitigation plan (CNMP) which shall consist of a layout plan (at least 1:1000 scale) and explanatory statement showing the exact location and details of construction plants to be used, the location and duration of the movable noise barriers during the Reclamation Project and the Decommissioning Project and the 3 to 5m high site hoardings along the site boundary.  The movable noise barriers shall be at least 3m high (and 8m high for those used to shield grab and chisel bored piling and oscillator bored piling) with skid footing and a small cantilevered upper portion, and shall be located within a few metres from the static plant and no more than 5m from the mobile plant.  The Permit Holder shall ensure that with the full implementation of measures in accordance with the deposited CNMP, the construction noise levels at the nearby schools shall be less than 70 dB(A) during normal teaching period and 65 dB(A) during school examination, and are less than 75 dB(A) at the nearby residential premises.  The noise mitigation measures as stipulated in the CNMP shall be fully implemented throughout the entire project period.

 

Submission of Waste Management Plan (WMP)

 

2.9              The Permit Holder shall submit to the Director for approval three hard copies and one electronic copy of a Waste Management Plan (WMP) for the Reclamation Project and theDecommissioningProject within one month after the commencement of the Reclamation Project or the Decommissioning Project, which ever is the earlier.  Before submission to the Director, the WMP shall be certified by the ET Leader, verified by the IEC and confirmed by the IEA as conforming to the information and recommendations contained in the EIA Report and the findings of the Supplementary Contamination Assessment Plan (CAP), Contamination Assessment Report (CAR) and Remedial Action Plan (RAP) submitted under Conditions 2.14 & 2.15The WMP shall include, but not limited to, the following information for each type of wastes:

 

a)            the types of waste and their estimated quantities;

b)            the timing of waste arising;

c)            measures for reducing waste generation;

d)            on-site waste separation;

e)            on-site and off-site material reuse;

f)              areas for waste storage;

g)            quantities of waste requiring off-site disposal;

h)            disposal outlets;

i)              monitoring and auditing programme;

j)              organization structure for waste management;

k)            a list of materials to be reused or recycled with estimated quantities;

l)              implementation of the trip ticket system;

m)          method of processing, storing and disposal of hazardous waste; and

n)            method of dealing with packing materials.

 

2.10          The Permit Holder and any person working on the Project shall fully and properly implement all measures recommended in the approved WMP throughout the project period.

 

2.11          No disposal of waste, spoil, soil, excavated materials or materials alike arising from the Project shall be allowed at any locations unless otherwise approved by the Director.

 

 

Submission of Soil Remediation Method Statement(s)

 

2.12          The Permit Holder shall submit four hard copies and one electronic copy of a Method Statement(s) to the Director for approval at least one month before the commencement of any soil remediation works. This Method Statement(s) shall be certified by the ET Leader, verified by the IEC and confirmed by the IEA as conforming to the information and recommendation contained in the EIA Report and the application documents as referred in Part A, submitted by the Permit Holder before submission to the Director.  The approved Method Statement(s) shall be hereafter referred to as the “Method Statement”. The Method Statement(s) shall provide details on the following: 

 

a)      The methodology / procedures for biopiling and solidification processes;

 

b)      Monitoring and verification procedures for biopiling and solidification processes;

 

c)      Pilot test procedures for solidification process to ascertain the optimal concrete mix recipe and the leachablity of the products;

 

d)      The sample size for the verification soil test to be conducted by IEA for spot check purpose;

 

e)      The notification system for notifying the Director the satisfactory completion of the excavation and treatment of contaminated soil; and

 

f)        Provision and operation requirements of equipment and personnel decontamination facilities. 

 

 


Submission of Supplementary CAP, CAR and RAP

 

2.13          The Permit Holder shall submit a CAP, CAR and RAP to cover the lots and facilities which were inaccessible for detailed contaminated soil sampling and assessment during the EIA Report preparation stage, to the Director for approval at least one month before the commencement of any soil remediation work on these lots.  These “inaccessible” lots and facilities are shown in Figure 3 of this Permit and include:

 

a)      the lots including Yau Tong Marine Lot (YTML) No. 2-4, 25-26, and 27;

b)      government lots between YTML No. 13-14 & 15 and between YTML No. 26 and 27;

c)      the marine lots YTML No. 44, 45-46, and 54;

d)      the saltwater pumping station;

e)      gas pigging station; 

f)        the maintenance depot; and

g)      the underground oil tank at YTML No. 6-11. 

 

2.14           The CAP shall include proposals on the sampling and analysis, and shall aim at determining the nature and extent of the contamination of these lots, including any potential for dioxincontamination.  The CAP shall also contain a detailed account of the present activities and past land history in relation to possible land contamination (e.g. reference to aerial photos, accident records, fire records, change of land use, any signs of incineration facilities, burn pits or facilities that utilizes high temperature burning, etc).  The precautionary investigation for dioxin contamination shall also be detailed in the CAP.  Based on the endorsed CAP, the Permit Holder shall conduct a land contamination assessment and the findings shall be presented in the CAR. 

 

2.15          If land contamination at the lots referred under Condition 2.13 is confirmed, the Permit Holder shall prepare a RAP in which further hotspots of contaminated soil that require soil remediation shall be identified.  The RAP shall also contain a composite contamination plan showing the extent of soil contamination for the entire site including the hotspots identified in the EIA report and those identified under this Condition. The contamination plan shall clearly delineate areas with different types of contamination that require different soil remedial treatment.  The Permit Holder shall follow the methods described under Section 3 of this Permit to remediate the land contamination hotspots identified within these lots.  In case any new contaminants which cannot be dealt with by the methods described under Section 3 of this Permit, are found at these lots, soil remediation method for treatment of the new contaminants shall be detailed in the RAP. 

 

2.16          The CAP, CAR and RAP shall be certified by the ET and verified by the IEC and confirmed by the IEA before submission to the Director.  No construction work, including soil remediation work, shall commence on anyone of these lots until the relevant CAP, CAR and the RAP for that specific lot is approved by the Director.

 

 

3.         Submission and Measures for the Decommissioning Project

 

Project Boundary for the Decommissioning Project

 

3.1              No work including, but not limited to, the decommissioning of existing ship building / repairing facilities at the marine lots and the demolishing of the existing structures on both marine and government lots shall be conducted at areas outside the limit as shown in Figure 2 of this Permit. 

 

Measures to Mitigate Land Contamination

 

3.2              The Permit Holder shall not reuse any potentially contaminated dredged sediments excavated on siteor import any contaminated dredged sediments to the site for stockpiling, backfilling on the land lots, reclaiming the Yau Tong Bay and/or soil remediation treatments, without seeking prior approval from the Director.

 

I)         Removal of Underground Fuel Storage Tank

 

3.3              The Permit Holder shall remove the underground storage tank at YTML No. 6-11 as shown in Figure 3 of this Permit by the following method:

 

(a)            sludge and miscisible water shall be pumped out from the underground tank and transferred to the groundwater treatment system for treatment;

 

(b)        the oil tank shall then be flushed with steam to allow the tank temperature to reach 60oC until all residues come off from the tank surface;

 

(c)        the oil tank shall be drained to drums for recovery of oil product and subsequently treated by the groundwater treatment system;

 

(d)        all effluent shall be drained to drums for recovery of oil product and subsequently treated by the groundwater treatment system;

 

(e)        the interior of the tank shall be inspected visually to determine if all oil residues have been removed.  If necessary, steam shall be applied to remove local residue and step (d) shall be repeated;

 

(f)         gas free status inside the tank shall be checked and if necessary, repeat the steaming out process;

 

(g)        upon achieving gas free status, the tank shall be flame cut to convenient size for disposal; and

 

(h)        the scrap metal shall be collected by waste collector for recycling.

 

3.4              After the removal of the underground oil tank, the Permit Holder shall carry out visual inspection and further soil sampling to delineate the extent of soil contamination.  The investigation findings shall be presented in a CAP, CAR and RAP as per Conditions 2.14 & 2.15 of this Permit.

 

 

II)     Remediation of Soil Contaminated with Total Petroleum Hydrocarbon (TPH) Only

 

3.5              The Permit Holder shall use biopiling method to remediate the TPH contaminants in the hotspots as shown in Figures 4 to 9 of this Permit and identified in the CAP / CAR / RAP submitted under the above Conditions 2.14 & 2.15, to or below the Dutch B Standard as listed out in Appendix A of this Permit.  The biopiling work shall be conducted in accordance with the Method Statement approved under Condition 2.12 and shall include the following steps:

 

(a)        soil for biopiling treatment shall be excavated and stockpiled, with a height no more than 3m.  The biopiles shall only be placed at the locations as shown in the attached Figure 10, and no biopiling activities shall be allowed in other areas of the site;

 

(b)        the ET shall take verification samples from the soil left on the north, south, east, west faces of the excavation pit and at the bottom of the excavation pit at a rate of 1 number at every 10m along the perimeter of the excavation pit to confirm that all contaminated materials failing to meet the Dutch B Level have been removed for treatment.  The IEA shall take separate duplicate twin of the verification samples from the excavation pit in parallel at the same time to audit the results provided by the ET for spot check purpose.  The sample size for the spot check conducted by the IEA shall be as described in the Method Statement submitted and approved under Condition 2.12.  Excavation shall be continued at steps of 0.5m until all the samples taken are below or equal to that of the Dutch B standard.  When the ET, the IEC and the IEA are all satisfied with the testing results and agree that no material exceeding the Dutch B standard still remains in the excavation pit, the Permit Holder shall issue a written notice to the Directorto confirm all contaminated soil at a specific lot has been excavated within 1 week of passing the confirmatory test.  The test results shall be reported in the next EM&A monthly report;

 

(c)    all biopile remediation shall be conducted on sealed surfaces under cover of existing warehouse and factory buildings at the site; suction fan shall be used to draw air through the piles and the exhaust air shall pass through activated carbon filters prior to discharge to the atmosphere; excavated soil shall be placed in stockpiles with drainage diversions to prevent surface water runoff from entering the stockpile and entraining contaminants in the flow; and silt curtain and hay bales shall be used to prevent the release of sediment-laden rainwater from the stockpile area.

 

(d)        the ET shall take soil samples fortnightly at 1 sample for every biopile of 360m3of soil for process monitoring, and at 1 sample for every 76.5m3of soil for final verification.  The IEA shall take separate duplicate twin of the verification samples from the biopile in parallel at the time soil samples are taken by the ET to audit the results provided by the ET< for spot check purpose.  The sample size for the spot check conducted by the IEA shall be as described in the Method Statement submitted and approved under Condition 2.12.  The biopile treatment shall be continued until all the samples taken are below or equal to that of the Dutch B standard;

 

(e)        when the ET, the IECand the IEA are all satisfied with the testing results and agree that no material exceeding the Dutch B standard still remains in the biopile, the Permit Holder shall issue a written notice to the Director to confirm the satisfactory completion of the biopiling treatment for a specific lot within 1 week of passing the confirmatory test, and backfill the treated soil on-site.  No soil in any of the biopiles shall be backfilled until the written notice is issued to the Director; and

 

(f)         all the soil samples collected by the ET and the IEA shall be sent to The Hong Kong Laboratory Accreditation Scheme (HOKLAS) accredited laboratories for analysis. 

 

 

III)      Remediation of Soil Contaminated with Polyaromatic Hydrocarbon (PAH)

 

3.6              The Permit Holder shall use the biopiling method as described in the Method Statement approved under Condition 2.12 and with the working procedures stated in Condition 3.5 to excavate, treat and verify the soil contaminated with PAH to or below the Dutch B Standard as listed out in Appendix A of this Permit.

 

 

IV)       Remediation of Soil Contaminated with Heavy Metal Only

 

3.7              The Permit Holder shall use solidification method to remediate the heavy metals except mercury which shall be handled in accordance with Conditions 3.10, 3.11 and 3.12 of this Permit, in the hotspots as shown in Figures 4 to 9 of this Permit and identified in the CAP / CAR / RAP submitted under Conditions 2.14 and 2.15, to or below the Dutch B Standard as listed out in Appendix A of this Permit. The solidification work shall be conducted in accordance with the Method Statement approved under Condition 2.12 and shall include the following steps:

 

(a)            conduct a pilot trial in accordance with the Method Statement submitted under Condition 2.12 to determine the optimal concrete mix recipe and operating parameters; 

 

(b)           soil for solidification treatment shall be excavated for physical blending with cement, fly ash and other inert solids such as sand to set into solid monolithic blocks approximately 20m by 10m by 1m (deep) in size;

 

(c)            the ET shall take 4 verification samples from the soil left on the north, south, east, west faces of the excavation pit and 2 samples at the base of the excavation pit to confirm that all contaminated materials failing to meet the Dutch B Level have been removed for treatment.  The IEA shall take separate duplicate twin of the verification samples from the excavation pit in parallel at the same time to audit the results provided by the ET for spot check purpose.  The sample size for the spot check conducted by the IEA shall be as described in the Method Statement submitted and approved under Condition 2.12. Excavation shall be continued at steps of 0.5m until all the samples taken are below or equal to that of the Dutch B standard. When the ET, the IEC and the IEA are all satisfied with the testing results and agree that no material exceeding the Dutch B standard still remains in the excavation pit, the Permit Holder shall issue a written notice to the Director to confirm all contaminated soil at a specific lot has been excavated within 1 week of passing the confirmatory test.  The test results shall be reported in the next EM&A monthly report;

 

(d)           the soil, cement, water and other additives shall be poured in pre-determined proportions into the pit and blended using an excavator or physical mixing tools, and each batch shall be covered during the entire setting time to prevent water entering the mixture;

 

(e)            the ET shall take 1 verification sample for every 50m3of solidified soil for leachability and compressive strength tests.  The IEA shall take separate duplicate twin of the verification samples in parallel at the time soil samples are taken by the ET to audit the results provided by the ET for spot check purpose.  The sample size for the spot check conducted by the IEA shall be as described in the Method Statement submitted and approved under Condition 2.12.  In the leachability test, the ET, the IEC and the IEA shall check that the sample meets the Universal Treatment Standard for Solidified Soil (i.e. no higher than 0.75mg/L of lead and 7.8mg/L of copper); in the compressive strength test, the ET, the IEC and the IEA shall check that a compressive strength of at least 150psi is achieved for the solidified soil.  If the blocks fail either test, the batch shall be crushed and the solidification process shall be repeated;

 

(f)             When the ET, the IEC and the IEA are all satisfied with the testing results and agree that the solidified soil comply with the Universal Treatment Standard and the compressive strength requirement, the Permit Holder shall issue a written notice to the Director to confirm the satisfactory completion of the solidification treatment for a specific lot within 1 week of passing the confirmatory test, and backfill the treated soil on-site.  No soil shall be backfilled until the written notice is issued to the Director. The test results shall be reported in the next EM&A monthly report; and

 

(g)            all the soil samples collected by the ET and the IEA for the leachability and compressive strength tests shall be sent to HOKLAS accredited laboratories for analysis.

 

 

V)        Remediation of Soil Contaminated with TPH and Heavy Metal

 

3.8              The Permit Holder shall use the biopiling method and then the solidification method as described in the approved Method Statement and in Conditions 3.5 and 3.7 to decontaminate the soil contaminated with TPH and heavy metals as shown in Figures 4 to 9 of this Permit and identified in the CAP / CAR / RAP submitted under Conditions 2.14 and 2.15, to or below the Dutch B Standard as listed out in Appendix A of this Permit.

 

3.9              The ET and the IEA shall ensure that the soil contaminated with TPH only, and with both TPH and metals are biopiled separately.

 

 

VI)    Remediation of Soil Contaminated with Mercury (Hg) and Polychlorinated Biphenyls (PCB)

 

3.10          The Permit Holder shall excavate the soil contaminated with PCB and mercury as shown in Figures 4 to 9 of this Permit and identified in the CAP / CAR/ RAP submitted under Conditions 2.14 and 2.15, for landfill disposal. 

 

3.11          The ET shall take 4 verification samples from the soil left on the north, south, east, west faces of the excavation pit and 2 samples at the bottom of the excavation pit to confirm that all contaminated soil failing to meet Dutch B Standard as listed out in Appendix A of this Permit have been excavated.  The IEA shall take separate duplicate twin of the verification samples from the excavation pit in parallel at the same time to audit the results provided by the ET for spot check purpose. The sample size for the spot check conducted by the IEA shall be as described in the Method Statement submitted and approved under Condition 2.12.  Excavation shall be continued at steps of 0.5m until all the samples taken are below or equal to the Dutch B Standard. When the ET, the IEC and the IEA are all satisfied with the testing results and agree that no material exceeding the Dutch B standard still remains in the excavation pit, the Permit Holder shall issue a written notice to the Director to confirm all contaminated soil at a specific lot has been excavated  within 1 week of passing the confirmatory test.  The test results shall be reported in the next EM&A monthly report.

 

3.12          After the removal of the mercury and PCB contaminated soils from the excavation pits, the ET and the IEA shall conduct separate soil testing as described in Conditions 3.5 and 3.7 to verify whether biopiling and solidification treatments shall be applied for the rest of the soils in the excavation pits.  When the ET, the IEC and the IEA are all satisfied with the testing results and agree that no material exceeding the Dutch B standard still remains in the excavation pit, the Permit Holder shall issue a written notice to the Director to confirm all contaminated soil at a specific lot has been excavated for treatment or landfill disposal within 1 week of passing the confirmatory test. The test results shall be reported in the next EM&A monthly report. 

 

 

VII)     Control Measures during Soil Excavation

 

3.13          The Permit Holder shall adopt dust control practices as in Air Pollution Control (Construction Dust) Regulation during soil excavation to control dust emissions.   The top layers of soils shall be sprayed with water immediately before the excavation.

 

3.14          The Permit Holder shall provide sufficient number of the decontamination facilities, instruments and equipment, as listed in the Method Statement, on site to decontaminate the workers and vehicles before leaving the site. 

 

3.15          Where contaminated soils are located below a layer of uncontaminated soil, the Permit Holder shall remove and stockpile the clean soil separately to the contaminated soil and the clean soil shall be backfilled and/or retained for use as a clean cap.

 

3.16          The Permit Holder shall detect whether there is any free product of TPH at the groundwater surface, particularly during the excavation near the underground oil tank at YTML No. 6-11 as shown in Figure 3 of this Permit.  If free product is identified at any stage during excavation, the Permit Holder shall pump out the groundwater for diversion to an oil/water separation unit.  The free product removed shall be transported off site for recycling, and the water shall be tested for free TPH product. If the results show that the water is free from floating TPH product, the water shall be re-injected into the groundwater table at the site.  Otherwise, the water shall be circulated back to the oil/water separator for additional TPH product separation and removal.

 

Submission of Soil Remediation Report (SRR)

 

3.17          The Permit Holder shall deposit four hard copies and one electronic copy of a SRR to the Director no later than one month after the completion of the Decommissioning Project and at least two months before the commencement of the construction work for the future development.  The SRR shall demonstrate that the soil remediation and disposal work for the Decommissioning Project has been carried out according to the specified methodology and has been shown to be adequate.  The SRR shall also provide information on the types and volume of contaminated soil treated on site and disposed off site to landfill.  The SRR shall be certified by the ET Leader, verified by IEC and confirmed by IEA prior to submission to the Director.  All written notices issued by the Permit Holder under Conditions 3.5, 3.7, 3.11 and 3.12 shall be copied in the SRR.  No construction works for the future development, except for site preparation works, shall commence before the deposition of SRR to the Director.

 

 

Measures for Waste Management

 

3.18          All the measures recommended in the WMP approved under Condition 2.9 of this Permit shall be fully implemented in accordance with the requirements and time schedule set out in the approved WMP.

 

3.19          The Permit Holder shall sort on-site the C&D materials generated into public fill which can be reused on-site or disposed of to public filling areas, and C&D wastes which shall be disposed of to landfill.  The Permit Holder shall promote reuse of public fill on-site to minimize off-site disposal.

 

3.20          The Permit Holder shall set up a trip-ticket system to keep track of the disposal of C&D materials and solid waste at public filling areas and landfills.  The trip ticket system shall be implemented by the ET and the records audited by IEC.   

 

 

Measures to Mitigate Landscape and Visual Impacts

 

3.21          The Permit Holder shall retain on-site the mature trees as shown in Figure 11 of this Permit.  The Permit Holder shall not fell or transplant any mature tree unless permission has been given by the Director under this Condition.

 

3.22          The Permit Holder shall make use of colour hoarding to minimize visual impacts on the nearby sensitive receivers.

 

3.23          During the biopiling process, the Permit Holder shall limit the biopiles to a height of less than 3m.

 

 

Measures to Mitigate Noise Impacts

 

3.24          The noise mitigation measures as stated in the CNMP deposited under Condition 2.8 shall be fully implemented for the decommissioning work. 

 

3.25          The Permit Holder shall use silenced power mechanical equipment (PME) during the Decommissioning Project.  The silenced PMEs to be used shall include, but not limited to, mobile crane, dumper, dump truck, excavator, truck mixer, concrete pump, generator and air compressors.  The sound power levels (SWLs) for these silenced PMEs shall not exceed the levels specified in Table B1 of Appendix B of this Permit.

 

3.26          The Permit Holder shall use noise barriers and site hoardings of impervious material with a minimum surface density of 15kg/m2, and they shall have no openings or gaps except for the site access.

 

 

4.         Submission and Measures for the Construction of the Reclamation Project

 

General Requirement & Specification for the Reclamation Project

 

4.1              No reclamation shall proceed in the Victoria Harbour beyond the boundary as shown in Figure 2 of this Permit.

 

4.2              The Permit Holder shall construct a removable concrete deck over the Water Supplies Department’s submarine cross-harbour fresh water main and the Hong Kong and China Gas Company’s (HKCGC) twin 600mm diameter cross harbour submarine gas pipelines as shown in Figure 12 of this Permit.  The deck shall be supported on bore piles. An access opening with length no less than 35 m and width no less than 10m shall be provided in the deck to allow access for routine maintenance of Water Supplies Department’s Cha Kwo Ling Saltwater Pumping Station.  After the completion of the deck, the Permit Holder shall provide an open space on the deck. 

 

4.3              The Permit Holder shall keep the following utilities, as shown in Figure 13 of this Permit, intact at all times during the Project, and shall not divert these utilities:

 

(a)        the Water Supplies Department’s submarine cross-harbour fresh water main;

(b)        the HKCGC’s submarine gas pipelines;

(c)        the Cha Kwo Ling Saltwater Pumping Station saltwater intake; and

(d)        the Yau Tong Sewage Pumping Station emergency outfall.

 

4.4              The Permit Holder shall design and construct the permanent seawalls for the Project (except the borepile seawall referred in Condition 4.9) in accordance with Figures 14 and 15 of this Permit. The Permit Holder shall provide air slots under the decked open space to enhance air flow below the concrete deck.

 

 

            Measures to Mitigate Water Quality Impacts During Reclamation

 

4.5              The Permit Holder shall not carry out dredging, except for the construction of the new seawall and the proposed box culverts as shown in Figure 13 of this Permit. 

 

4.6              The Permit Holder shall conduct the Reclamation Project in phases as shown in Figure 12 which include i) construction of seawall and box culverts extension; ii) Phase 1 reclamation; iii) Phase 2 reclamation and iv) Phase 3 construction of concrete deck above the submarine pipelines.

 

4.7              Before the commencement of the reclamation works, the Permit Holder shall construct a temporary channel / culvert along the existing eastern and southern seawall as shown in Figure 13 of this Permit, to divert the existing stormwater outfalls from the Yau Tong Bay to avoid the accumulation of pollutants within the embayed water during construction. 

 

4.8              Before the commencement of the Phase 1 of the Reclamation Project, the Permit Holder shall construct the permanent seawall across the mouth of Yau Tong Bay as shown in Figure 12 of this Permit.  The seawall shall be +2.5 mPD, with an opening provided of not more than 50 m wide for marine access.

 

4.9              Before the commencement of the Phase 2 of the Reclamation Project, the Permit Holder shall use the bore piling method to construct the permanent seawall adjacent to the existing submarine pipelines as shown in Figure 12 of this Permit.  Before the construction of the bored pile seawall, the Permit Holder shall also construct a temporary seawall as shown in Figure 12 of this Permit to enclose the main body of the reclamation. The permanent bored pile seawall and the temporary seawall shall not be constructed concurrently.

 

4.10          During reclamation works, the Permit Holder shall provide the following mitigation measures to ensure that the suspended solids concentration at the Water Supplies Department’s sea water intakes and the seawater intake for Dairy Farm Ice Factory as shown in Figure 13 of this Permit, shall meet the tolerable limit of 20mgL-1:

 

(a)              use closed-grab dredgers for dredging and back-filling operations;

 

(b)             place silt curtains around closed-grab dredgers, and also at the 50m opening of the seawall;

 

(c)              provide single layer of silt screens across the saltwater intakes at the Dairy Farm Ice Factory, the Water Supplies Department’s Cha Kwo Ling and Yau Tong saltwater pumping stations during the construction of seawall and box culverts extension stage;

 

(d)             provide double layers of silt screens across the saltwater intakes at the Dairy Farm Ice Factory, the Water Supplies Department’s Cha Kwo Ling and Yau Tong saltwater pumping stations during Phase 1 & Phase 2 Reclamation and the construction of the concrete deck stages;

 

(e)              provide regular site inspection and maintenance of the silt curtains and screens and review of marine water quality at the intakes; and

 

(f)               limit the maximum daily production rate for dredging and sandfilling to not exceeding the rates as shown in the following table:

 

Work Phases

Dredging Rate (m3/day)

Filling Rate (m3/day)

Seawall and box culvert construction

1550

2200

Phase 1 Reclamation

N/A

10000

Phase 2 Reclamation

N/A

6000

 

4.11          During the construction of the bore piles for the permanent seawall adjacent to the existing submarine pipelines or the concrete deck as shown in Figure 12, the Permit Holder shall use pile casing to confine the marine deposit, and no dredging and filling works shall be allowed for the bore piles. 

 

 

Measures for Handling and Disposal of Dredged Sediment (Including Both Contaminated and Uncontaminated Marine Sediment)

 

4.12          The Permit Holder shall employ a grab dredger with a closed watertight grab for dredging mud, and barges equipped with automatic self-monitoring devices of barge loading for the dumping operation.

 

4.13          The mitigation measures and health and safety protective measures listed out in Appendix C of this Permit shall be fully and properly implemented during dredging, handling, transportation and disposal of dredged sediment

 

 

Measures for Biogas Management

 

4.14          The Permit Holder shall provide a Combustible Gas Indicator on-site at all times for the detection of explosive vapour in enclosed and semi-enclosed sites during excavation work to ensure the safety of workers.

 

4.15          The Permit Holder shall ensure that the precaution measures in Appendix D of this Permit are implemented fully throughout the duration of the Reclamation Project.

 

Measures for Waste Management

 

4.16          The Permit Holder shall use public filling materials for Yau Tong Bay reclamation. Imported sandfill shall only be used in case of insufficient supply of public fill material. 

 

Measures to Mitigate Noise Impacts

 

4.17          The Permit Holder shall implement fully the noise mitigation measures contained in the CNMP submitted under Condition 2.8 and the measures stated in Conditions 3.25 and 3.26 during the Reclamation Project.  

 

5.         Submission and Measures for the Period After the Reclamation Project

 

Methane Gas Monitoring

 

5.1              No later than 3 months after the completion of the reclamation work, the Permit Holder shall carry out methane gas monitoring on a monthly basis for a period of at least one year to determine the methane gas emission rate.   The Permit Holder shall locate the gas monitoring wells taking into account the latest Master Layout Plan and submit a Gas Monitoring Plan for the Director’s approval at least two weeks before the commencement of methane gas monitoring work.  The methane gas monitoring shall be undertaken via purposely installed landfill gas-type monitoring wells within boreholes drilled down to the level of the groundwater, i.e. mean sea water level.  The Permit Holder shall detail the proposed methane gas monitoring wells in the Gas Monitoring Plan.  Subject to the review of methane gas monitoring results, the Director may require the Permit Holder to extend the methane gas monitoring period to beyond 1 year.  No construction of buildings on the reclaimed land shall commence prior to the completion of the methane gas monitoring.

 

5.2              If the measured methane emission rate at particular part of the site is higher than the trigger value of 10Lm-2 per day and below the upper guidance value of 432Lm-2 per day, the Permit Holder shall provide methane gas protection measures including, but not limited to, a low gas permeability membrane in the floor slab and on any below ground walls and mechanical ventilation to ‘at risk’ rooms at any buildings to be constructed on this part of the site. 

 

5.3              If the measured methane emission rate at a particular area part of the site is higher than the upper guidance value of 432Lm-2 per day, the Permit Holder shall not construct any building on this part of the site.

 

5.4              After the completion of the methane gas monitoring, the Permit Holder shall deposit a plan to the Director.  The plan shall clearly delineate the “at-risk” zones as referred in Condition 5.2 and the “no-build” zones as referred in Condition 5.3.  No building construction works on reclaimed land shall be commenced before the submission of the plan to the Director.

 

Measures to Protect the existing Cha Kwo Ling Saltwater

 

5.5              Upon the completion of the reclamation work, the Permit Holder shall design and use floating booms near the intake of the existing Cha Kwo Ling Saltwater Intake shown in Figure 12 of this Permit, and collect and remove any floating debris retained by the floating booms regularly. 

 

6.         Environmental Monitoring and Audit (EM&A)

 

6.1              To ensure a high degree of transparency of the project, all EM&A data and results, the approved EM&A Manual, all EM&A reports and all submissions required by this Permit shall be made available by the Permit Holder to the public through a dedicated web site to be set up by the Permit Holder under Condition 7.2 below, in the shortest possible time and in no event later than two weeks after such information is available.

 

6.2              The EM&A programme shall be implemented in accordance with the procedures and requirements in the EM&A Manual approved under Condition 2.7.  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 be approved by the Director. If the changes proposed are related to the soil remediation work/monitoring requirement, they shall also be verified and reviewed by the IEA.

 

6.3              The Permit Holder shall submit four hard copies and one electronic copy of the Baseline Monitoring Report to the Director at least 2 weeks before the commencement of the Reclamation Project or the Decommissioning Project, whichever is the earlier.  The submissions shall be certified by the ET Leader and verified by the IEC.  Additional copies of the submission shall be provided upon request from the Director.

 

6.4              The Permit Holder shall submit four hard copies and one electronic copy of 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.  When the soil remediation works are in progress, the section(s) in the Monthly EM&A Report that is relevant to soil remediation work shall also be confirmed by the IEA.  Additional copies of the submission shall be provided upon request from the Director.  The monthly EM&A Report shall also provide a 1-page summary, in both English and Chinese, summarizing the EM&A activities, the non-compliance events and complaints received in the reporting month.

 

6.5              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.

 

6.6              Records of measurements and remedial actions taken for this Project shall be logged and kept, within 3 working days of the collection of data or completion of remedial action, for the purpose of preparing and submitting the monthly EM&A Reports and making the information available for inspection on site or as required by the Director.

 

6.7              All EM&A data submitted under this Permit shall be true, valid and correct.

 

6.8              Within one month after the commencement of the Decommissioning Project , the Permit Holder shall install and thereafter maintain a system of web camera(s) covering the soil remediation work areas, in particular the removal of the underground oil tank at Lot 6-11. The system shall be made flexible enough such that the position(s) of the camera(s) can be altered to capture the soil remediation works at various locations if necessary.  The system shall provide real time visual monitoring of the site condition accessible by public through the dedicated web site set up by the Permit Holder under Condition 7.2.  At least two weeks before the commencement of the Decommissioning Project, the Permit Holder shall propose a plan and a system of web camera(s) for the Director’s agreement.

 

 

7.         Electronic Reporting of EM&A Information

 

7.1       To facilitate public inspection of the Baseline Monitoring Report and monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports, preparedin 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 6.3 to 6.4 above.  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.

 

7.2       All environmental monitoring data described in Condition 7.1 above shall be made available to the public via internet access in the form of a website, in the shortest possible time and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.  The Permit Holder shall notify the Director in writing within 6 weeks after the commencement of works the internet address where the environmental monitoring data are to be placed.

 

7.3       The internet website as described in Condition 7.2 above shall enable user-friendly public access to the monitoring data with features capable of:

 

(a)        providing access to all environmental monitoring data collected since the commencement of works;

 

(b)        searching by date;

 

(c)        searching by types of monitoring data (noise, water and biogas); and

 

(d)        hyperlinking to relevant monitoring data after searching;

 

            or otherwise as agreed by the Director.


 

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 the Environment, Transport and Works, 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, Transport and Works, 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 or decommissioning 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 a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

 

7.         Any person who constructs or operates 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 the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

 

 


Appendix A : Soil and Groundwater Remediation Criteria

 

Soil and groundwater criteria used in The Netherlands for contaminated land (“Dutch List”)

(Extracted from Appendix IV of ProPECC PN 3/94)

 

Appendix B     Mitigation Measures for Construction Noise

 

Throughout the Project, only those Quiet Powered Mechanical Equipments with maximum sound power level (SWL) lower than the limits as stated in the following table shall be used for the Project:

 

Table B1         Listing of Quiet PME items

 


Powered Mechanical Equipment (PME)

Reference

(GW-TM1 and BS2)

Maximum SWL, dB(A)

Crane, mobile

BS Table C.7, 110

106

Dumper

BS Table C.7, 81

96

Dump truck

BS Table C.9, 19

102

Excavator

BS Table C.6, 28

102

Truck mixer

BS Table C.6, 23

100

Concrete pump

BS Table C.6, 36

106

Generator

TM CNP103

95

Air compressor

TM CNP001

100

 

Note :

1    GW-TM refers to the Technical Memorandum on Noise from Construction Work Other than Percussive Piling”

2    BS    refers “BS 5228 Part I : Noise Control on Construction and Open Site 1997”


Appendix C     Measures for Handling and Disposal of Dredged Sediment

 

The Permit Holder shall fully implement the following measures throughout the dredging and dumping operation:

 

a.           A grab dredger with a closed watertight grab shall be employed for sediment dredging;

 

b.          During the transportation and disposal of dredged marine sediments, the Permit Holder shall use barges that fitted with tight fitting seals to their bottomExcess material shall be cleaned from the decks and exposed fittings of barges and hoppers before the vessel is moved;

 

Measures Specific to Contaminated Sediment

 

c.           Contaminated marine sediment shall be transported by split bottom barges of not less than 750m3 capacity.  The barges used shall be well-maintained and capable of rapid opening and disposal at the disposal site;

 

d.          All operational plant shall be designed properly and maintained carefully to minimize the risk of sediments or other pollutants being released into the water column and deposited in the seabed other than the designated locations;

 

e.           The sediment shall be released rapidly and the hoppers shall be closed immediately in the dumping operation. Any material adhering to the sides of the hopper shall not be washed out of the hopper and the hopper shall remain closed until the barge next returns to the disposal site. The dumping barge shall be stationary throughout the dumping operation;

 

f.            Experienced full time personnel on board all dumping barges shall be provided. Suitable training shall also be provided to ensure that appropriate methods to minimize pollution are implemented. Records shall be maintained to satisfy the Director that there is no short dumping or dumping outside the designated Dumping Area. The Contractor shall also make available to the Director at any time upon the written request of the Director, all information and records relevant to the dredging and dumping operation. This information shall include, but not be limited to, all data on the plant used by the Contractor, up-to-date periodic data on production rates and record copies of Notification of Dumping.

 

 

The Permit Holder shall also implement the following protective measures during the special disposal arrangements for the seriously contaminated sediments:

 

g.           No unauthorized persons shall be allowed into the works areas, and necessary precautions shall be taken to prohibit unauthorized entry to the Site or works areas;

 

h.           Eating, drinking, smoking or any practice that increases the probability of hand to mouth transfer and ingestion of material is prohibited;

 

i.             Food, beverages, tobacco products, etc. are prohibited in any area designated as being contaminated.  Adequate warning signs shall be posted to this effect;

 

j.            Hands must be thoroughly washed upon leaving the works area, and before eating, drinking or any other activities; and

 

k.          All field personnel shall wear protective gear such as gloves to minimize exposure to any contaminated material.

 

Appendix D    Measures to Mitigate Biogas Risk

 

 

The Permit Holder shall carry out the following safe working practices and procedures at the Site throughout the entire Project period:

 

a.           Smoking and naked flames in the vicinity of drilling activities and excavations of 1m deep or more shall be prohibited.

 

b.          Prior to entry into any enclosed or semi-enclosed sites (e.g. excavation pits, chambers, manholes, underground culverts and utility casings), the atmosphere within the enclosed or semi-enclosed sites shall be checked for oxygen, methane and carbon dioxide concentrations. The enclosed or semi-enclosed sites shall only be entered if oxygen is greater than 18% by volume, methane is less than 10% of the Lower Explosive Limit (LEL), which is equivalent to 0.5% by volume and carbon dioxide is less than 0.5% by volumeas measured by a Combustile Gas Indicator (referred in Condition 4.15).  If either carbon dioxide or methane are higher, or oxygen lower than the values given above, entry to the chamber shall be prohibited and expert advice shall be sought.

 

c.           A permit-to-work system for entry into enclosed or semi-enclosed sites should be set up.

 

d.          The entry or access point of enclosed or semi-enclosed sites which is large enough to permit access to personnel shall be clearly marked with a warning notice in English and Chinese which state that there is the possibility of flammable and asphyxiating gases accumulated within.

 

e.           The warning notice shall also give the telephone number of an appropriate competent person who can advise on the safety precautions to be followed before entry and during occupation of the enclosed or semi-enclosed sites .

 

f.            Personnel shall be made aware of the dangers of entering enclosed or semi-enclosed sites and shall be trained in the use of gas detection equipment, e.g. combustile gas indicator, if necessary.

 

g.           No worker shall be permitted to enter the enclosed or semi-enclosed sites without having another worker present at the surface even if conditions are safe for entry. Workers who enter the enclosed or semi-enclosed sites shall wear an appropriate safety/recovery harness.

 

h.      The Permit Holder shall provide sufficient approved resuscitation equipment, breathing apparatus and safety torches to the workers that need to go into enclosed or semi-enclosed sites during the construction period. 

 

i.       The temporary structures such as site offices on the reclamation area shall be raised slightly off the ground with a minimum clear separation distance of 500 mm between the highest point of the ground surface and the underside of the lowest floor joist.

 


Figure 1 | Figure 2 | Figure 3 | Figure 4 | Figure 5 | Figure 6 | Figure 7 | Figure 8 | Figure 9 | Figure 10 | Figure 11 | Figure 12 | Figure 13 | Figure 14 | Figure 15


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