環境許可證編號 EP-219/2005
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
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
A部 (許可證主要部分)
Pursuant to Section 10 of the Environmental
Impact Assessment Ordinance (the Ordinance), the Director of Environmental
Protection (the Director) grants this environmental permit to the HIGHWAYS DEPARTMENT (hereinafter referred to as the “Permit Holder”) to construct and operate
the designated project described in Part Bsubject 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》(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路政署(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。本環境許可證是依據下列文件、批准或許可而簽發：
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Application No. 申請書編號 |
AEP-219/2005 |
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Documents in the
Register : 登記冊上的文件: |
(1) (1) (2) (2) (3) (3) |
Project Profile –
“Castle Peak Road Improvement between
Area 2 and Ka Loon Tsuen, Tsuen Wan, Construction of Reclamation West of
Tsing Lung Tau” (Register No.: PP-245/2005) 工程項目簡介 – “荃灣第二區與嘉龍村之間的青山公路改善工程, 於青龍頭以西建設填海區” (登記冊編號: PP-245/2005) The Director’s
letter of permission to apply directly for environmental permit dated 18 May
2005 (Reference: (47) in Ax (6) to EP2/N2/C/30 ) 署長於2005年5月18日
發出批准直接申請環境許可證的信件 (檔案編號 :
(47)
in Ax (6) to EP2/N2/C/30) Application for
Environmental Permit submitted by the Permit Holder on 24 May 2005 (Application No.
AEP-219/2005) 許可證持有人於2005年5月24日提交的環境許可證申請（申請書編號：AEP-219/2005） |
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June 2005 |
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Date 日期 |
|
(WONG Hon-meng) Principal
Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃漢明 代行) |
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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 Project 指定工程項目的名稱 |
[This designated project is hereinafter referred to as “the Project”] 荃灣第二區與嘉龍村之間的青山公路改善工程, 於青龍頭以西建設填海區 [本指定工程項目下稱
"工程項目"] |
|
Nature of
Designated Project |
To construct a 0.58 ha extension to existing
reclamation at Tsing Lung Tau. 于青龍頭現存填海區擴建0.58公頃的新填海區。 |
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Location of Designated Project 指定工程項目的地點 |
West of Tsing Lung Tau, Tsuen Wan. The location and scope of the Project
is shown in Figure 1 attached to this Permit. 荃灣青龍頭以西。工程項目的位置及範圍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 comprises: 1.
construction
of a 0.12 ha reclamation to the east of Grand Bay Villa; 2. construction
of a 0.46 ha reclamation to the west of Grand Bay Villa; 工程項目的範圍包括： 1.
在龍濤花園以東建造0.12公頃的新填海區; 2.
在龍濤花園以西建造0.46公頃的新填海區。 |
1. General
Conditions
1.1
The
Permit Holder and any person working on the Project shall comply with all
conditions set out in this Permit. Any non-compliance by any person may
constitute a contravention of the Environmental Impact Assessment Ordinance
(Cap. 499) and may become the subject of appropriate action being taken under
the Ordinance.
1.2
The
Permit Holder shall ensure full compliance with all legislation from time to
time in force including without limitation to the Noise Control Ordinance (Cap.
400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal
Ordinance (Cap. 354). This Permit does not of itself constitute any ground of
defense 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, including
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 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 of the Project and shall mean the same hereafter.
1.5
The
Permit Holder shall display conspicuously a copy of this Permit on the Project
site 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
the Project in accordance with the project descriptions in Part B of this Permit.
1.7
The
Permit Holder shall ensure that the Project is designed and constructed in
accordance with the information and recommendations described in the Project
Profile (Register No. PP-245/2005), other relevant documents in the Register,
the information and mitigation measures described in this Permit, mitigation
measures to be recommended in submissions that shall be deposited with or
approved by the Director as a result of permit conditions contained in this
Permit, and mitigation measures to be recommended under on-going surveillance
and monitoring activities during all stages of the Project. Where
recommendations referred to in the documents of the Register are not expressly
referred to in this Permit, such recommendations are nevertheless to be implemented
unless expressly excluded or impliedly amended in this Permit.
1.8
All
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. 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 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 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 Environmental Monitoring and Audit (EM&A) Programme
in accordance with the requirements as contained in the EM&A Manual
referred to in Condition 2.3 below. The ET Leader shall keep a contemporaneous
logbook of each and every circumstance or change of circumstances which may
affect the compliance with the recommendations of the Project Profile (Register
No. PP-245/2005) or this Permit. This logbook 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-245/2005) 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 logbook
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 EM&A
Manual referred to in Condition 2.3 below and shall audit the overall EM&A Programme,
including the implementation of all environmental mitigation measures and/or submissions
required in the Project Profile (Register No. PP-245/2005), 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-245/2005) 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 EM&A Manual or fails to comply with this
Condition, the Director may require the Permit Holder by notice in writing to
replace the IEC. Failure to replace the IEC as directed or further failure to
so notify the Director despite employment of a new IEC may render the Permit
liable to suspension, cancellation or variation. Notification by the Permit
Holder is the same as notification by the IEC for the purpose of this
Condition.
2.3 The
Permit Holder shall submit, no later than one month before the commencement of
construction of the Project, an EM&A Manual to the Director for approval. The EM&A Manual shall set out
details of EM&A Programme including, inter alias, the following:
a.
a
mechanism to monitor the occupancy of Grand Bay Villa referred to in Condition
3.2 below and procedures to notify the Director in the event that Grand Bay
Villa becomes occupied when the Project is under construction;
b.
the
duties of the ET Leader and the IEC;
c.
information
on project organization and programming of construction activities;
d.
project construction schedule
and the necessary monitoring and audit programme to track environmental impacts,
particularly marine water quality impacts;
e.
requirements
for the review of pollution sources and working procedures in the event of
non-compliance of the project environmental performance criteria, particularly
with respect to marine water quality;
f.
environmental
monitoring protocols and their technical requirements, such as parameters to be
monitored, sampling procedures and monitoring equipment, laboratory measurement
and analysis, monitoring station locations, baseline monitoring, impact
monitoring, event and action plan, implementation of mitigation measures, etc.,
particularly with respect to marine water quality;
g.
environmental
auditing requirements;
h.
requirements
for the documentation of environmental monitoring and audit data, and
appropriate reporting procedures; and
i.
complaint
resolution procedures.
2.4 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.
3. Measures to
be Implemented during Construction of the Project
3.1 Dredging of marine sediment shall be limited to the scour apron.
3.2 No more than a total of 2 derrick lighters shall be used for marine dredging works at the same time. The maximum dredging rate shall not be more than 1,000 and 2,000 cu.m per day at the reclamation to the east and west of Grand Bay Villa respectively.
3.3 All filling activities shall be carried out behind rockfill and rock armour.
3.4 Tightly closing grabs shall be used to restrict the loss of fine sediment to suspension.
3.5 Silt curtain shall be installed along the reclamation area during construction to control sediment suspension within the work area.
3.6 A marine water quality monitoring and audit programme shall be carried out in accordance with the approved EM&A Manual referred to in 2.3 above during construction stage.
3.7 The construction method specified in Section 2.1 of the Project Profile (Register No. PP-245/2005) and shown in Figures 3a and 3b shall be followed during construction.
3.8 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.
3.9 Vehicle traveling within the site shall not exceed a speed of 10 km per hour.
3.10 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.
3.11 In the event that monitoring stipulated in condition 2.3a above indicates that Grand Bay Villa shall be occupied when the Project is under construction, the following noise mitigation measures shall be implemented:
a.
5m high temporary noise barriers
with a material surface density of at least 7 kg/m2 shall be erected
to screen the facades of Grand Bay Villa along Castle Peak Road and the western
end façade of Grand Bay Villa as shown in Figure
2;
b. whenever the grab dredger is operating within 50m of Grand Bay Villa in the reclamation west of Grand Bay Villa, the land-based powered mechanical equipment within 50m of the Grand Bay Villa in the same reclamation shall stop operation; and
c. all other construction noise mitigation measures for Grand Bay Villa described in Project Profile (Register No. PP-245/2005).
4. Environmental Monitoring and Audit (EM&A) Requirements
4.1 The
EM&A programme shall be implemented as set out in the approved EM&A
Manual. 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 approved
EM&A Manual before submission to the Director for approval.
4.2 Samples
and measurements shall be taken in accordance with the requirements of the
approved EM&A Manual by:
i.
conducting
baseline monitoring on marine water quality ; and
ii.
conducting
impact monitoring on noise and marine water quality.
4.3 If
required, the remedial actions as described in the approved EM&A Manual
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 collection of
data or completion of action, for preparing and submitting the EM&A reports
and making the information available for inspection on site.
4.5 Three
hard copies and one electronic copy of the EM&A Baseline Monitoring Report
shall be submitted to the Director 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 Three
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 noncompliances
(exceedances) of the relevant environmental 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 his request.
4.7 All
EM&A 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 approved EM&A Manual, the EM&A
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 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 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.
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