Environmental Permit No

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

Emissions Control Project at Castle Peak Power Station “B” Units

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

青山發電廠B廠機組排放物控制工程

[這指定工程項目下稱“工程項目”]

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

Material Change to an exempted Designated Project - the existing Castle Peak Power Station. Decommissioning of a store for oil with a storage capacity exceeding 200 tonnes. A waste disposal facility for gypsum and a chemical plant with a storage capacity of more than 500 tonnes and in which substances are processed or produced.

實質改變獲豁免的指定工程項目，現有的青山發電廠。解除運作貯存量超過200公噸的油類庫。處置石膏的廢物處置設施及貯存量超過500公噸並將物質加工或生產的化工廠。

Location of Designated Project

指定工程項目的地點

Castle Peak Power Station. The location of the Project is shown in Figure 1 attached to this Permit.

青山發電廠。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

(i) Demolition of existing facilities including the 4680 tonne Fuel Oil Day Tank and the Dangerous Goods (DG) Store, etc.;

(ii) Relocation or re-routing of existing facilities including Underground Pipeworks, Carbon Dioxide (CO₂) Storage Tank, Liquefied Petroleum Gas (LPG) Storage Tanks, Intermediate Pressure Reduction Station, etc.;

(iii) Installation of new emission control equipment and facilities including the Selective Catalytic Reduction (SCR) for NO_x emission control, Limestone Flue Gas Desulphurisation (LS-FGD) for SO₂ emission control;

(iv) Provision of Reagent and By-Product Handling and Storage Facilities including limestone silos, limestone slurry tanks, gypsum dewatering and storage facilities for the LS-FGD operations and the urea storage silos, urea dissolving tanks, urea solution storage tanks and urea-to-ammonia reactors for the SCR operations;

(v) Provision of additional berthing facilities for loading and unloading of the additional reagents, including up to 40,000 tonnes per year of urea, 150,000 tonnes per year of limestone and by-products including 257,000 tonnes per year of gypsum.

(i) 拆卸及重置部分現有設施, 包括4680公噸的日用燃油庫及危險品倉庫, 等等;

(ii) 重置或更改部分現有設施, 包括更改地下管道路線, 液化二氧化碳缸, 液化石油氣缸, 天然氣中壓減壓站, 等等;

(iii) 裝設新排放物控制設施, 包括選擇性催化還原器脫氮氣裝置及石灰石煙氣脫硫裝置;

(iv) 提供反應劑和副產品的處理及存放設施, 包括供石灰石煙氣脫硫裝置使用的石灰石儲存設施、石灰漿儲存缸、及石膏脫水及儲存設施; 及供選擇性催化還原器脫氮氣裝置使用的尿素儲存設施、尿素溶解器、尿素溶液儲存缸和尿素轉氨反應器;

(v) 提供額外的碇泊設施, 供裝卸反應劑和副產品之用, 包括每年約40,000公噸尿素, 150,000噸石灰石, 及257,000噸石膏副產品。

PART C (PERMIT CONDITIONS)

1. General Conditions

1.1 The Permit Holder and any person working on the Project shall comply with all conditions set out in this Permit. Any non-compliance by any person may constitute a contravention of the Environmental Impact Assessment Ordinance (Cap. 499) and may become the subject of appropriate action being taken under the Ordinance.

1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including without limitation to the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358) and Waste Disposal Ordinance (Cap. 354). This Permit does not of itself constitute any ground of defence against any proceedings instituted under any legislation or imply any approval under any legislation.

1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the Register.

1.4 The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of decommissioning, construction and operation of the Project and shall mean the same hereafter.

1.5 The Permit Holder shall display conspicuously a copy of this Permit on the construction 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 decommission, construct and operate the Project in accordance with the project descriptions in Part B of this Permit.

1.7 The Permit Holder shall ensure that the Project is designed, decommissioned, constructed and operated in accordance with the information and all recommendations described in the EIA Report (Register No.: AEIAR-102/2006), other relevant documents in the Register; 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 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, and all submissions rectified in accordance with comments by the Director under this Permit shall be construed as part of the permit conditions described in Part C of this Permit. Any variation of the submissions shall be approved by the Director in writing or as prescribed in the relevant permit conditions. Any non-compliance with the submissions may constitute a contravention of the Ordinance.

1.10 The Permit Holder shall release all finalised 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 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 decommissioning and construction of the Project at least two weeks before the commencement of decommissioning and construction respectively. 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 Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalised 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 hardcopies.

1.13 For the purpose of this Permit, “commencement of decommissioning” does not include works related to preparation before commencement of decommissioning, or other works as agreed by the Director.

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

2. Specific Conditions

Employment of Environmental Team

2.1 An Environmental Team (ET) shall be established by the Permit Holder no later than two weeks before commencement of decommissioning of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (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 EIA Report (Register No. AEIAR-102/2006) of the Project. In addition, the ET Leader shall be responsible for certifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under 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 environmental impact assessment and each and every non-compliance with the recommendations of the EIA Report (Register No. AEIAR-102/2006) 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 circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of recommendations of the EIA Report (Register No. AEIAR-102/2006) or 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 EIA Report (Register No. AEIAR-102/2006) 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.

Employment of Independent Environmental Checker (IEC)

2.2 An IEC shall be employed by the Permit Holder no later than two weeks before commencement of decommissioning 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 EIA Report (Register No. AEIAR-102/2006) of the Project and shall audit the overall EM&A programme, including the implementation of all environmental mitigation measures, submissions required in the EIA Report (Register No. AEIAR-102/2006), 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 facsimile transmission, within one working day of receipt of notification from the ET Leader, each and every instance or circumstance or change of circumstances or non-compliance with the EIA Report (Register No. AEIAR-102/2006) 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 EIA Report (Register No. AEIAR-102/2006) 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.

Submissions before/after Commencement of Decommissioning/Construction of the Project

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

2.4 If there is a change to any emission reduction process described and assessed in the EIA Report (Register No.: AEIAR-102/2006), the Permit Holder shall submit details of such change(s) to the Director for approval at least three months prior to the commencement of construction of relevant facilities. The change(s) shall need justification by the Permit Holder, and shall be certified by the ET Leader and verified by the IEC as conforming to the requirements set out in the EIA Report (Register No. AEIAR-102/2006) before submission to the Director.

Measures to Avoid Land Contamination

2.5 The oil tanks shall be properly cleaned before their demolition. All wastes and effluent arising from the cleaning of the oil tanks shall be properly collected, stored, treated and disposed of.

2.6 No contaminated soil arising from the demolition and/or decommissioning works shall be stockpiled, treated or disposed of outside the Castle Peak Power Station.

2.7 The excavated soil arising from the demolition and/or decommissioning works shall be properly contained in container(s) during storage and transportation to avoid any discharge or leakage.

2.8 The contaminated soil arising from the demolition and/or decommissioning works shall be decontaminated within the Castle Peak Power Station in accordance with the Land Contamination Remediation Action Plan contained in the EIA report (Register No. AEIAR-102/2006). Bio-remediation methods shall be used to remedy the petroleum hydrocarbon contamination in the excavated materials.

Measures to Mitigate Water Quality Impacts during Decommissioning and Construction Works of the Project

2.9 Any groundwater arising from the decommissioning and construction of the Project shall be collected and recharged back to the site of the Project. No groundwater shall be used for any industrial or domestic purposes.

2.10 All wastewater or effluent arising from the stockpiling, transportation and treatment of the excavated contaminated materials shall be properly collected and treated.

2.11 Surface run-off from the construction site shall be directed into sand/silt removal facilities such as sand/silt traps and sediment basins before discharge. The sand/silt removal facilities shall be adequately designed and properly operated and maintained.

2.12 On-site storage of excavated materials shall be covered with tarpaulin or similar materials.

Measures to Mitigate Water Quality Impacts during Marine Works

2.13 No more than one closed grab dredger, with a minimum grab size of 8 m³, shall be used during dredging of the Project to avoid dispersion of suspended solids into the sea.

2.14 Silt curtains shall be deployed around the closed grab dredger to contain suspended solids within the construction site during dredging. The silt curtains shall be properly maintained until the completion of the dredging works of the Project.

2.15 The maximum daily dredging rate of the closed grab dredger shall not exceed 5,200 m³ day^-1.

2.16 Barges/hoppers shall have tight fitting seals to their bottom openings to prevent leakage.

Measures to Mitigate Construction and Operational Impacts on Marine Mammals

2.17 To limit potential construction impacts to dolphins and porpoises from underwater percussive piling, the following shall be carried out:

(a) Only hydraulic hammers shall be used;

(b) An exclusion zone of 500 m radius shall be scanned around the marine works area for at least 30 minutes prior to the start of piling. If dolphins and porpoises are observed in the exclusion zone, the piling works shall cease until all the cetaceans have left the area; and

(c) Acoustic decoupling of noisy equipment on work barges shall be undertaken, including the use of a soft sling to retain the pile-driving hammer, rubber tyred air compressor for bubble jacket/curtain, rubber pads on barge leaders and guides, and an air curtain around the pile barge.

2.18 To minimize potential construction and operation impacts on dolphins and porpoises, no dumping of rubbish, food, oil, or chemicals from the marine vessels shall be allowed.

Measures to Manage Construction Wastes

2.19 No wastes, spoil or excavated materials or materials alike arising from the demolition and/or decommissioning and construction works of the Project shall be dumped in any environmentally sensitive areas, including but not limited to Sites of Special Scientific Interest, coastal protection areas, conservation areas and agricultural land.

Measures to Avoid Landscape and Visual Impact

2.20 No additional chimney shall be erected within the Project site.

Measures during Operation of the Project to Minimize Environmental Impacts

2.21 No gypsum shall be allowed to be disposed of at any designated landfill.

2.22 If gypsum is stored at the Tsang Tsui Ash Lagoon, the Permit Holder shall notify the Director at least three months before commencement of storage of gypsum at the Ash Lagoon with documents showing that the necessary consents or approvals from relevant authorities have been obtained.

2.23 All wastewater arising from the operation of the Flue Gas Desulphurisation (FGD) plant shall be collected and directed to the proposed wastewater treatment plant within the Castle Peak Power Station for treatment. The wastewater discharge shall comply with the requirements under the Water Pollution Control Ordinance (Cap. 358).

3. Environmental Monitoring and Audit (EM&A) Requirements

3.1 The Permit Holder shall monitor the total petroleum hydrocarbon (TPH) concentrations in the ground water within the Project site during construction and operation of the Project. The Permit Holder shall, at least one month before the commencement of construction of the Project, deposit with the Director four hard copies and one electronic copy of ground water monitoring plan. The plan shall be certified by the ET Leader and verified by the IEC to contain at least the following information before submission to the Director:

(a) Ground water monitoring locations (with at least three monitoring locations within the Project site);

(b) Methodology for ground water monitoring;

(d) Actions to be recommended and taken in case of increase of existing TPH concentrations as well as precautionary measures for avoiding exposure of contaminants to site personnel.

3.2 The EM&A programme of the Project shall be implemented in accordance with the procedures and requirements as set out in the EIA Report (Register No. AEIAR-102/2006) of the Project or this Permit. Changes to the EM&A requirements or programme and termination of the programme shall need justification by the ET Leader and verified by the IEC to their compliance with the requirements as set out in the EIA Report (Register No. AEIAR-102/2006); and the prior approval from the Director shall be sought before their implementation.

3.3 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director one month before commencement of construction. The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EIA Report (Register No. AEIAR-102/2006) of the Project before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.4 Four hard copies and one electronic copy of the Monthly Impact EM&A Reports for the construction stage shall be submitted to the Director within 10 working days at the end of the reporting month. The Monthly Impact EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EIA Report before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

3.5 Four hard copies and one electronic copy of the Post-Project Monitoring Report shall be submitted to the Director within 1 week of completion of the Post-Project Monitoring for the dredging works. The submissions shall be certified by the ET Leader and verified by the IEC as having complied with the requirements as set out in the EIA Report (Register No. AEIAR-102/2006) of the Project before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.

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

3.7 Any necessary remedial measures and actions as described in the EIA Report shall be fully and properly carried out, in accordance with the time frame(s) set out in the EIA Report, or as agreed by the Director.

3.8 To ensure a high degree of transparency regarding the monitoring results, all EM&A data 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 4.2 below, in the shortest practicable time and in no event later than 2 weeks after such information is available.

4. Electronic Reporting of EM&A Information

4.1 To facilitate public inspection of the Baseline Monitoring Report and the monthly EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in the Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by

the Director and shall be submitted at the same time as the hard copies as described in Conditions 3.3 and 3.4 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 electronic copies of these Reports must be the same as hard copies.

4.2 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within six weeks after the commencement of construction of the Project. All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest time practicable, 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.

4.3 The internet website as described in Condition 4.2 above shall enable user-friendly public access to the Project and EM&A data. The internet website shall have features capable of :-

(a) providing access to Project data including the EIA report (Register No. AEIAR-102/2006), and this Permit;

(b) providing access to all the finalized submissions as required by this Permit;

(d) searching the EM&A data by date or by types of monitoring data; and

(e) hyperlinks 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 operation of the Project, another environmental permit must be obtained under the Ordinance before the construction or operation of the Project could be continued. It is an offence under Section 26(1) of the Ordinance to construct or operate a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.

7. Any person who constructs 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-251/2006

環境許可證編號 EP-251/2006

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Section 10