Environmental Permit No. EP-287/2007
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 HONGKONG ELECTRIC COMPANY LIMITED (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香港電燈有限公司 (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：
Document in the Register :
1. Project Profile – “Lamma Power Station - Unit L2 Flue Gas Desulphurization Plant Retrofit Project”
(Register No. : PP-321/2007)
(登記冊編號 : PP-321/2007)
2. The Director’s letter of permission to apply directly for environmental permit dated 31 August 2007
(Ref. : EP2/N9/D/123)
(檔案編號 : EP2/N9/D/123)
Document in the Register :
3. Application for Environmental Permit submitted by the Permit Holder on 4 September 2007
(Application No.: AEP-287/2007)
(申請書編號 : AEP-287/2007)
2 October 2007
(Simon Y M HUI)
Principal Environmental Protection Officer (Regional Assessment)
for Director of Environmental Protection
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as “the Permit”):
Title of Designated Project
Lamma Power Station Unit L2 Flue Gas Desulphurization Plant Retrofit Project
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
Material change to an exempted Designated Project - public utility electricity power plant
Location of Designated Project
Location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
Retrofitting of Flue Gas Desulphurization (FGD) Plant for the coal-fired Unit L2 within the Lamma Power Station to reduce sulphur dioxide emission.
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 Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Noise Control Ordinance (Cap. 400) and Dumping at Sea Ordinance (Cap. 466). 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 and 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(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 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 description 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 recommendations described in the Project Profile (Register No. 321/2007), the Application for Environmental Permit (Application No. AEP-287/2007) and 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 deposited 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 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).
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 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.
1.12 The Permit Holder shall notify the Director in writing the commencement dates of construction and operation of the Project no later than one week prior to the commencement of construction and operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the construction and operation.
1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site preparation or other works as agreed by the Director.
2. Specific Conditions
Measures for Construction and Operation of the Project
2.1 The Project shall only be constructed and operated at the location as shown in Figure 1 of this Permit.
2.2 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 to ensure that these facilities are properly functioning at all times.
2.3 Temporary on-site storage of excavated materials shall be covered with tarpaulin or similar fabric.
No waste, spoil and excavated materials or materials
alike arising from the construction of the Project shall be dumped in any
environmentally sensitive areas including the Site of Special Scientific
Interest, the coastal protection area, the conservation area and the
agricultural land on the
2.5 No other process, except the Wet Limestone-Gypsum process used in the FGD plants of the coal-fired Units L6, L7 and L8 within the Lamma Power Station, shall be used in the Project unless otherwise agreed by the Director.
2.6 All wastewater arising from the operation of the Project shall be collected and directed to the existing wastewater treatment plant within the Lamma Power Station for treatment.
2.7 No gypsum or sludge arising from the operation of the Project shall be disposed of anywhere. All gypsum and sludge shall be collected and reused.
2.8 Equipments of the FGD plant, including the Oxidation Air Blower and Booster Fan Motor, shall be acoustically insulated and the Gas-Gas Heater (untreated side) of the FGD plant shall be provided with reinforced lagging to reduce the noise impact.
2.9 Prior to the operation of the Project, low nitrogen oxides burners at the coal-fired Units L4 and L5 as shown in Figure 1 of this Permit shall be installed in accordance with the information and performance targets contained in the Project Profile (Register No. 321/2007) to reduce the nitrogen oxides emission from the Lamma Power Station. Levels of nitrogen oxides in the stacks of the coal-fired Units L4 and L5 shall be monitored and the monitoring data shall be included in the Environmental Monitoring and Audit (EM&A) Reports as referred to under Condition 2.11 of this Permit.
Environmental Monitoring and Audit (EM&A) Requirements and Electronic Reporting of EM&A Information
2.10 The EM&A programmes for the Lamma Power Station and its Extension shall be extended and implemented to cover the operation of the Project. The EM&A personnel, including the Environmental Team (ET) Leader as required by the Environmental Permit for the Lamma Power Station Extension project (Permit No. EP-071/2000/C), shall monitor and audit the environmental performance of the Project. Remedial actions shall be proposed and implemented where the recommendations contained in or the performance targets as proposed in the Project Profile (Register No. 321/2007) cannot be achieved.
2.11 The EM&A Reports prepared for the Lamma Power Station or its Extension shall be extended to cover the Project. To facilitate public inspection of the 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. 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.
2.12 The Permit Holder shall set up a dedicated web site and notify the Director in writing the internet address where the Project and the associated EM&A data are to be placed within six weeks after the commencement of construction of the Project. All submissions required by this Permit and all Project and EM&A data 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 two weeks after the relevant EM&A data are collected and become available, unless otherwise agreed with the Director.
2.13 The internet website as described in Condition 2.12 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 Project Profile (Register No. 321/2007), this Permit and the 3-dimensional model of the FGD plant as shown in the Project Profile (Register No. 321/2007). Through the internet website, the public shall be able to navigate the 3-dimensional model of the FGD plant;
(b) providing access to all relevant EM&A data collected in the EM&A programmes for the Lamma Power Station and its Extension for the operation of the Project. The EM&A data shall include the air quality monitoring data obtained in the Continuous Emission Monitoring (CEM) System at stack, the manual stack particulate sampling, the dust monitoring stations around the Lamma Power Station and the ambient air quality monitoring network for the Lamma Power Station, the water quality monitoring data of the FGD wastewater treatment plant and the collected and reused quantity of FGD gypsum and sludge.
(c) searching the EM&A data by date or by types of monitoring data; and
(d) 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 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, 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, 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 or operation of the Project, another environmental permit must be obtained under the Ordinance before the Project can be continued. It is an offence under Section 26 (1) of the Ordinance to construct or operate a designated project listed in 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 conditions 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-287/2007