Environmental Permit No. EP-287/2007
環境許可證編號 EP-287/2007
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 (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：
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Application No. 申請書編號 |
AEP-287/2007 |
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Document in the Register : 登記冊上的文件: |
1.
Project
Profile – “Lamma Power Station - Unit L2 Flue Gas Desulphurization Plant
Retrofit Project” (Register No. : PP-321/2007) 工程項目簡介-"南丫發電廠第二號機組煙氣脫硫裝置加裝工程" (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) 署長於 (檔案編號 : EP2/N9/D/123) |
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Document in the Register : 登記冊上的文件: |
3.
Application
for Environmental Permit submitted by the Permit Holder on 4 September 2007 (Application No.: AEP-287/2007) 許可證持有人於 (申請書編號 : AEP-287/2007) |
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2
October 2007 |
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Date 日期 |
|
(Simon Y M HUI) Principal Environmental Protection Officer (Regional
Assessment) for Director of Environmental Protection 環境保護署署長 (首席環境保護主任(區域評估) 許一鳴代行) |
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PART B
(DESCRIPTION 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 |
Lamma Power
Station Unit L2 Flue Gas Desulphurization Plant Retrofit Project (This
designated project is hereafter referred to as “the Project”) (本指定工程項目下稱“工程項目”) |
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Nature of Designated Project 指定工程項目的性質 |
Material
change to an exempted Designated Project - public utility electricity power
plant 實質改變獲豁免的指定工程項目-公用事業電力廠。 |
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Location of Designated Project 指定工程項目的地點 |
Lamma Power
Station, 南丫島南丫發電廠。 Location of
the Project is shown in Figure 1 of this Permit. 工程項目的地點展示於本許可證圖1內。 |
|
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. 加裝煙氣脫硫裝置在南丫發電廠內的第二號燃煤發電機組以減少二氧化硫的排放。 |
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.
2.4
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.
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, 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