Environmental Permit No. EP-153/2003

環境許可證編號:EP-153/2003

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 AND OPERATE A DESIGNATED PROJECT

建造及營辦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 (the 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 and operate the designated project described in Part B subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:

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”)以建造及營辦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-153/2003

Document in the Register :

登記冊上的文件：

(1) Project Profile –

“Fill Bank at Tuen Mun Area 38” (Register No.: PP-179/2002)

(1) 工程項目簡介 –

“屯門第38區填料庫” (登記冊編號: PP-179/2002)

(2) Application documents including all attachments submitted by the Permit Holder on 17 January 2003 (Application No. AEP-153/2003)

(2) 許可證持有人於2003年1月17日提交的申請文件包括所有附件(申請書編號: AEP-153/2003)

Director’s Permission to Apply Directly for Environmental Permit:

署長批准直接申請環境許可證

Letter Reference: (33) in Ax (15) in EP2/N4/C/34

信件檔號: (33) in Ax (15) in EP2/N4/C/34

Date: 16 January 2003

日期: 2003年1月16日

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 (DESCRIPTIONS 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 Projects

指定工程項目的名稱

Fill Bank at Tuen Mun Area 38

[This designated project is hereinafter referred to as “the Project”]

屯門第38區填料庫

[這工程項目下稱"工程項目"]

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

To construct and operate a public dumping area of about 35 ha.

建造及營辦一個面積大約35公頃的公衆傾倒物料區。

Location of Designated Projects

指定工程項目的地點

Area 38 of Tuen Mun. The location of the Project is shown in Figure 1 attached to this Permit.

屯門第38區。工程項目的位置見載於本許可證夾附的圖1。

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

The project site covers an area of approximately 35 ha. The scope of the Project comprises:

1. site clearance;

2. construction of storm water drainage system;

3. stockpiling of 4.9 million m³ of public fill;

4. construction of landscape works;

5. carrying out environmental mitigation measures and monitoring; and

6. removal of stockpiled public fill.

工程項目的工地面積約35公頃。工程項目的範圍包括：

1. 工地清理;

2. 建造雨水渠道系统;

3. 堆存四百九十萬立方米的公眾填料;

4. 進行景觀工程；

5. 實施環境緩解措施及監察；和

6. 清除堆存的公眾填料。

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 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 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 and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site refers to site of construction and operation of the Project (including stockpile and removal of public fill material) and shall mean the same hereafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the Project site at all vehicular site entrances/exits or at a convenient location for public’s 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.

1.6 The Permit Holder shall construct and operate the Project (including stockpile and removal of public fill material) in accordance with the project descriptions in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, constructed and operated (including stockpile and removal of public fill material) in accordance with the information and recommendations described in the Project Profile (Register No. PP-179/2002), the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions for agreement 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 submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director, within two weeks of the receipt of the Director’s comments or otherwise specified by the Director.

1.9 All submissions agreed 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 agreed 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 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.

1.12 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.

1.13 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. Measures and Submissions for Commencement of the Project

2.1 An ET shall be established by the Permit Holder no later than one month before the 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 Project Profile (Register No. PP-179/2002). The ET Leader shall keep a contemporaneous log-book of each and every circumstance or change of circumstances which may affect the environmental impact assessment and each and every non-compliance with the recommendations of the Project Profile (Register No. PP-179/2002) 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 Project Profile (Register No. PP-179/2002) 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 Project Profile (Register No. PP-179/2002) 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 the 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 Project Profile (Register No. PP-179/2002) and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the Project Profile (Register No. PP-179/2002), 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 Project Profile (Register No. PP-179/2002) or 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 Project Profile (Register No. PP-179/2002) 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 the 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.

2.4 At least two weeks before commencement of the Project, the Permit Holder shall submit to the Director for review and agreement 3 sets of drainage layout plan prepared for the Project. The drainage layout 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 layout plan shall be certified by the ET leader and verified by the IEC prior to submission.

3. Measures to be implemented during Construction and Operation of the Project (including stockpile and removal of public fill material )

3.1 No project activities shall be carried on site between 2000 and 0800 hours daily.

3.2 The maximum stockpiling height at the fill bank shall be limited to a maximum of +35mPD.

3.3 Hoarding of at least 2.4m high shall be erected along the site boundary adjacent to Lung Mun Road, the River Trade Terminal, except at the site entrance/exit, prior to commencement of the operational phase. Hoarding of at least 2.4m high shall also be erected along the site boundary adjacent to the future Recovery Park prior to its occupation takes place.

3.4 All haul roads within the site shall be covered with concrete, bituminous materials, hardcores or metal plates.

3.5 Haul roads for entering and leaving the site shall be watered every 2 hours so as to maintain the entire road surface wet during operation of the project.

3.6 Tipping halls at the waterfront provided for transfer of public fill from trucks to barges shall be of enclosed design with top and 3-sides enclosed to prevent spillage of material into marine water.

3.7 No stockpiling, loading and unloading of fill material shall be allowed within 20m from the site boundary adjacent to the River Trade Terminal and the Recovery Park.

3.8 A “truckload control zone” of an area 100m x 100m shall be established in the north-eastern corner at location shown in Figure 2 where no more than 64 vehicle-trip per hour and 633 vehicle-trip per day shall be allowed to travel to the control zone.

3.9 Vehicle travelling within the site shall not exceed a speed of 10 km per hour.

3.10 All belt conveyor systems used on site shall be enclosed on top and 2 sides and equipped with bottom plates to prevent spillage of material. Every transfer point between two conveyors shall be totally enclosed. The vertical distance between connecting belt conveyors and the material landing point shall be no more than 1m.

3.11 The drainage system shall be fully constructed and implemented in accordance with the agreed drainage layout plan submitted under Condition 2.4 above before stockpiling of public fill at the site.

3.12 No stockpiling of fill material shall be allowed within 50 m from the waterfront.

3.13 A wheel washing bay with high pressure water jets shall be provided at the site exit.

3.14 Discharge of sewage into nearby water shall be prohibited and it shall be discharged into public sewers or chemical toilets.

3.15 Wastewater collected from canteen kitchens, including that from basins, sinks and floor drains shall be discharged into public sewers via grease traps. Drainage system provided at car parking areas shall be equipped with oil interceptors in addition to sand or silt removal facilities.

3.16 Pathway of loading and unloading of public fill to and from barges shall not directly on top of the marine water as to prevent the dropping of material into the sea.

3.17 No underground structures such as drainage and sewage systems, underground pipelines and chambers shall be constructed within the 250m consultation zone of the Siu Lang Shui landfill (Figure 3). Any site offices within the consultation zone shall be constructed on a raised hollow platform of at least 500mm high.

3.18 When any sign of leachate or leachate-contaminated groundwater be encountered during the project implementation, the landfill operator should be informed to collect it for proper treatment and disposal.

3.19 Hydroseeding or earthy coloured geo-textile matting in green, grey or brown colour shall be provided on the slopes of the fill bank along the eastern, northern and western sides as the slopes of each layer of platform are formed.

3.20 A buffer tree planting strip consists of a row of at least 3m high native evergreen tree species with a tall habit when fully grow (e.g. Casuarina equisetifolia) shall be planted along the site boundary facing Lung Mun Road as shown in Figure 4 prior to operational phase of the project.

3.21 The surface colour of structures at fill bank shall be of an earthy tone with strong natural qualities in green, grey or brown colour and the use of bold colour schemes shall be avoided.

4. Environmental Monitoring and Audit Requirements

4.1 The EM&A programme shall be implemented as set out in the Project Profile (Register No. PP-179/2002). Any changes to the programme shall be justified by the ET leader and verified by the IEC as conforming to the information and requirements contained in the Project Profile (Register No. PP-179/2002)before submission to the Director for approval.

4.2 The Permit Holder shall take samples and measurements in accordance with the requirements of the Project Profile (Register No. PP-179/2002)by:

(a) conducting baseline environmental monitoring on air and water quality; and

(b) conducting impact monitoring on air and water quality.

4.3 The remedial actions described in the Project Profile (Register No. PP-179/2002) shall be fully and properly carried out.

4.4 Records of measurements and actions taken under Conditions 4.2 and 4.3 respectively of this Permit shall be logged and kept, within 3 working days of the collection of data or completion of action, for the purpose of preparing and submitting the EM&A reports and making the information available for inspection on site.

4.5 Two hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before commencement of construction of the Project. The submission shall be verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request.

4.6 Two hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days after the end of the reporting month. The EM&A Reports shall include a summary of all noncompliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.

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

5. Electronic Reporting of EM&A Information

5.1 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 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 hardcopies as described in Condition 4 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 hardcopies.

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, 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 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 the Environment, Transport and Works, 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 and operation (including stockpile and removal of public fill material) 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 that the Permit Holder should refer to the EIA Ordinance for details and seek independent legal advice.

Environmental Permit No. EP-153/2003