Environmental Permit No. EP-275/2007
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the DRAINAGE SERVICES 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:
Documents in the Register:
(1) Drainage Improvement in Tsuen Wan and Kwai Chung – Tsuen Wan Drainage Tunnel: Environmental Impact Assessment (EIA) Report, Environmental Monitoring and Audit (EM&A) Manual and Executive Summary
(Register No.: AEIAR-088/2005) [Hereinafter referred to as the “EIA Report”]
(登記冊編號：AEIAR-088/2005) [下稱 “環評報告”]
(2) The Director’s letter of approval of the EIA
Report dated 29 August 2005 (Reference: (22) in Ax(1) to EP2/N2/Q/
Documents in the Register:
(3) Application for Environmental Permit submitted on 11 April 2007 (Application No. AEP-275/2007)
7 May 2007
Principal Environmental Protection Officer (Strategic Assessment)
for Director of Environmental Protection
Hereunder is the description of the designated project mentioned in Part A of this environmental permit:
Title of Designated Project
Drainage Improvement in Tsuen Wan and Kwai Chung – Tsuen Wan Drainage Tunnel
[This designated project is hereinafter referred to as “the Project”]
荃灣及葵涌雨水排放系統改善工程 - 荃灣雨水排放隧道
Nature of Designated Project
Construction and operation of drainage tunnel within the Tai Mo Shan Country Park.
Location of Designated Project
The location of the Project is shown in Figure 1 attached to this Permit.
Scale and Scope of Designated Project
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 (EIAO) (Cap. 499) and may become the subject of appropriate action being taken under the EIAO.
1.2 The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Air Pollution Control Ordinance (Cap. 311), Waste Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400) and Dumping at Sea Ordinance (Cap. 466). 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 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 Project site(s) 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(s).
1.6 The Permit Holder shall 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, constructed and operated in accordance with the information and all recommendations described in the EIA Report (Register No.: AEIAR-088/2005), the application documents including all attachments (Application No. AEP-275/2007), 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, 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 the Permit.
1.10 The Permit Holder shall release all finalised submissions, as required under this Permit, to the public by depositing copies in the EIAO Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.
1.11 All submissions to the Director required
under this Permit shall be delivered either in person or by registered mail to
the EIAO Register Office (currently at 27/F, Southorn Centre,
1.12 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 the construction.
1.13 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. Submissions or Measures before Commencement of Construction of the Project
Employment of Environmental Monitoring and Audit (EM&A) Personnel
2.1 An Environmental Team (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 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 EM&A requirements as contained in the EM&A Manual of the Project. The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report (Register No.: AEIAR-088/2005) and 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 the recommendations of the EIA Report (Register No.: AEIAR-088/2005) and this Permit or by the Director or his authorised officers. Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the EM&A Manual or failure to comply with this Condition would entitle the Director to require the Permit Holder by notice in writing to replace the ET Leader. Failure by the Permit Holder to make replacement, or further failure to keep contemporaneous records in the log-book despite the employment of a new ET Leader may render the Permit liable to suspension, cancellation or variation.
2.2 An IEC shall be employed by the Permit Holder no later than one month before commencement of construction of the Project. The IEC shall not be in any way an associated body of the Contractor or the ET for the Project. The IEC shall be a person who has at least 7 years of experience in EM&A or environmental management. The IEC shall be responsible for duties defined in the EM&A Manual and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Manual, and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit. The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit. The IEC shall notify the Director by fax, within one working day 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-088/2005) and this Permit, which might affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC. Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation. Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition.
Management Organisation of Main Construction Companies
2.3 The Permit Holder shall, at least one week before the commencement of construction of the Project, inform the Director in writing the management organisation of the main construction companies and/or any form of joint ventures appointed for the Project. The information, to be submitted, shall include at least an organisation chart, names of responsible persons and their contact details.
3. Measures during Construction of the Project
Measures to Mitigate Water and Air Quality Impact
3.1 To mitigate water and air quality impacts during construction phase, the following measures shall be implemented:
(a) sandbags or similar shall be provided around the perimeter of the stockpiling areas to prevent site runoff;
(b) sedimentation tank(s) and grille(s) to trap coarse materials shall be provided during tunneling works;
(c) all stockpiles shall be wetted with water sufficient to prevent dust arising;
(d) tarpaulins or similar over stockpiles shall be provided; and
(e) chemical toilets shall be provided if connection to public sewers is not possible.
Measures to Manage Construction and Demolition Waste Impact
3.2 To minimise the waste generated during construction phase, the following measures shall be implemented:
(a) re-usable construction and demolition materials generated from the outfall and intakes of the project shall be sorted and re-used appropriately within the works areas to minimise off-site disposal;
(b) use of wooden hoarding shall not be allowed with a view to re-using or re-cycling of the hoarding items;
(c) temporary refuse collection facilities shall be set-up and waste shall be stored prior to collection and disposal; and
(d) no waste, spoil or excavated materials or materials alike arising from the demolition and / or 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, agricultural land and stream habitats.
Measures to Mitigate Ecological Impact
3.4 Sheet piles, cofferdams or weirs shall be installed along the boundaries of the works areas within the stream habitats, in particular at Sam Dip Tam Stream and Tso Kung Tam Stream, before the commencement of works to prevent construction runoff during construction. Sand / silt removal facilities such as sand traps, silt traps and sediment basins shall be provided in the affected works areas.
3.5 To minimise ecological impact during construction phase, the following measures shall be implemented:
(a) fences along the boundaries of all works areas shall be erected before the commencement of works;
(b) any damage and disturbance to the surrounding natural stream habitats outside the works areas shall be avoided;
(c) open fires within the site boundary shall be prohibited during construction;
(d) fire fighting equipment shall be provided in the works areas; and
(e) temporary work sites / disturbed areas shall be reinstated immediately after completion of the construction works.
3.7 To enhance the natural colonisation of intertidal habitat, armour rocks at outfall as shown in Figure 8 shall be provided.
4. Measures during Operational Phase of the Project
4.1 The design layouts as mentioned in Condition 3.3 shall be maintained properly during the operational stage.
4.2 The compensation planting as described in Condition 3.6 shall be maintained properly during the operational stage.
4.3 The armour rocks provided as described in Condition 3.7 shall be maintained properly during the operational stage.
5. Environmental Monitoring and Audit Requirements
5.1 An EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the 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 EM&A Manual before submission to the Director for approval.
5.2 Samples and measurements shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline environmental monitoring on noise, water and air quality; and
(b) conducting impact monitoring on noise, water and air quality;
(c) carrying out remedial actions described in the Event / Action Plans of the EM&A Manual shall be fully and properly carried out in accordance with the time frames set out in the Event / Action Plans, or as agreed by the Director; and
(d) logging and keeping records of details of (a) to (c) above for all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A reports and to make available the information for inspection on site.
5.3 All EM&A data submitted under this Permit shall be true, valid and correct.
5.4 Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one week before the commencement of construction. The submission shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the EM&A Manual before submission to the Director. Additional copies of the submission shall be provided upon request by the Director.
5.5 Three hard copies and one electronic copy of monthly EM&A Report, Quarterly EM&A Report and Annual / Final EM&A Review Report during construction of the project shall be submitted to the Director in accordance with the EM&A Manual. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
5.6 Any changes to the monitoring and audit requirements 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 submitted to the Director for approval.
6. Electronic Reporting of EM&A Information
6.1 To facilitate public inspection of the monthly/quarterly 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 5 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.
6.2 The Permit Holder shall, set up a dedicated website and notify the Director in writing the Internet address where the environmental monitoring and project data are to be placed, within six weeks after the commencement of construction of the Project. All environmental monitoring data described in Condition 6.1 above shall be made available to the public via a dedicated website to be set up by the Permit Holder 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.
6.3 The Internet website as described in Condition 6.2 above shall enable user-friendly public access to the monitoring and project data including the EIA Report and the environmental permit(s) and the project profile of the Project. The Internet website shall have features capable of:
(i) providing access to all environmental monitoring data collected since the commencement of works;
(ii) searching by date;
(iii) searching by types of monitoring data (air quality etc.); and
(iv) hyperlinks to relevant monitoring data after searching;
or otherwise as agreed by the Director.
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 EIAO, and the following notes are for general information only.
2. If there is a breach of any condition of this Permit, the Director or his authorised 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 authorised officer.
3. The Permit Holder may apply under Section 13 of the EIAO 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 responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the EIAO to the Director for a further environmental permit.
5. Under Section 14 of the EIAO, 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 operation of the Project, another environmental permit must be obtained under the EIAO before the Project could be continued. It is an offence under Section 26(1) of the EIAO to operate a designated project listed in Part I of Schedule 2 of the EIAO without a valid environmental permit.
7. Any person who operates the Project contrary to the conditions in the Permit, and is convicted of an offence under the EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.
10. Occupational safety and health issues are governed by the Occupational Safety and Health Ordinance (Cap.509) and the Factories and Industrial Undertakings Ordinance (Cap.59). The Permit Holder is advised to contact the Labour Department for requirements relating to occupational safety and health issues.
Environmental Permit No. EP-275/2007