Environmental Permit No. EP-308/2008
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 Environmental Infrastructure Division of Environmental Protection 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:
Document in the Register:
(1) Project Profile – “South East New Territories Landfill Extension ”
(Register No.: PP- 218/2004)
工程項目簡介 ― “新界東南堆填區擴展計劃”
(2) South East New Territories Landfill Extension – Feasibility Study: Environmental Impact Assessment (EIA) Report, Executive Summary, Environmental Monitoring and Audit Manual
(Register No.: AEIAR- 117/2008)
Hereinafter referred to as “the EIA Report”
(3) The Director’s letter of approval of the EIA Report dated 6 May 2008 referenced (18) in EP2/N8/G/99 Pt. 3
署長於2008年 5月6日簽發的批准環評報告的信件，檔案編號 (18) in EP2/N8/G/99 Pt.3
(4) Documents attached to the Application for Environmental Permit submitted by the Permit Holder on 9 July 2008 (Application No.: AEP-308/2008) [Hereinafter referred to as the "Application"]
許可證持有人於2008年 7 月 9 日提交的環境許可證申請夾附的文件(申請書編號: AEP-308/2008) [下稱「申請書」]
5 August 2008
(Sam W.H. WONG)
Principal Environmental Protection Officer
for Director of Environmental Protection
(首席環境保護主任(區域評估) 黃偉康 代行)
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
South East New Territories Landfill Extension
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
Construction and operation of a landfill for waste as defined in the“Waste Disposal Ordinance”(Cap. 354)
Location of Designated Project
Tseung Kwan O
The 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
The Project mainly consists of the followings:-
Construction and operation of a landfill extension of about 50 hectares with a target void space of about 17 million cubic metres on the southern side of the existing SENT Landfill, including the followings:-
(i) Site formation and preparation;
(ii) Installation of liner system;
(iii) Installation of leachate collection, treatment and disposal facilities;
(iv) Installation of gas collection and management facilities;
(v) Utilities provisions and drainage diversion;
(vi) Landfilling operation;
(vii) Relocation of existing landfill infrastructures including the leachate treatment plant, landfill gas management plant, power generator, workshops;
(viii) Restoration and aftercare in subsequent stages; and
(ix) Measures to mitigate environmental impacts as well as environmental monitoring and auditing to be implemented.
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.
許可證持有人及任何從事工程項目的人士必須符合本許可證載列的全部條件。任何人士如有不符合本許可證的情況，可能違反環境影響評估條例 (「環評條例」) (第499章) 的規定，而當局可根據條例採取適當行動。
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 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.
許可證持有人須印製本許可證的複本，連同本許可證所述的所有文件及本許可證A部所述文件，以供署長或獲授權人員任何時間內在本許可證所涵蓋的所有工地 / 辦事處查閱。凡提述本許可證，須包括本許可證所述的所有文件及登記冊內的相關文件。
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).
許可證持有人須在工程項目的工地的所有車輛進出口或一處方便地點，顯眼地展示本許可證的複本，以供公眾在任何時間內閱覽。許可證持有人須確保在這些地點展示關於本許可證 (包括任何經修訂的許可證) 的最新資料。許可證持有人如交回許可證的部分或全部，必須把其送交署長的通知書，在備有原有許可證的相同地點展示。遭暫時吊銷、更改或取消的許可證必須從工程項目的工地除下，不再展示。
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 all recommendations described in the EIA Report (Register No.: AEIAR- 117/2008), the application documents including all attachments (Application No. AEP-308/2008), 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 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 as specified by the Director.
所有按本許可證規定存放的文件，須在接獲署長的意見 (如有者) 後1個月內 (除非署長另行指定)，根據署長的意見加以修正並再向署長提交。
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 Environmental Impact Assessment Ordinance. 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.
署長批准的所有提交文件、署長沒有給予意見的所有存放文件及根據本許可證規定由署長給予意見修正的所有提交文件，均須詮釋為本許可證C部 說明的許可證條件的一部分。提交文件如有任何修訂，均須獲署長的書面批准，或符合有關許可證條件訂明的規定。如有不符合提交文件的情況，則可能違反環境影響評估條例 (第499章) 的規定。所有提交文件或提交文件的任何修訂本，均須按下文條件第2.1及2.2項所述由環境小組組長核證及獨立環境查核人核實，然後才按本許可證規定向署長提交。
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 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 no later than two weeks 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.
1.12 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 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies.
本許可證規定向署長提交的所有文件，須親身送交或以掛號方式郵寄至環境影響評估條例登記冊辦事處 (現址為：香港灣仔軒尼詩道130號修頓中心27樓)。所有按本許可證規定提交的文件定稿的電子版本，均須以超文本標示語言 (HTML) (第4.0或較後版本) 和便攜式文件格式 (PDF) (第1.3或較後版本) 製作，除非另獲署長同意，並須與硬複本同時提交。
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. Special Conditions
Measures and Submissions before Commencement of Construction
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-117/2008) 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-117/2008) 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 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-117/2008) 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 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.
Setting up of Community Liaison Group
2.4 To effectively deal with and manage the potential odour problem, the Permit Holder shall, at least 3 months before commencement of construction of the Project, set up a Community Liaison Group involving representatives of potential sensitive receivers. The Permit Holder shall inform the Director in writing the membership and terms of reference of the Community Liaison Group. The Permit Holder shall place all minutes of meetings, the relevant documents and the associated papers of the Community Liaison Group on the dedicated website set up by the Permit Holder under Condition 4.2, within one month of the day of the meetings.
Submission of Detailed Landfill Gas Hazard Assessment Report
2.5 The Permit Holder shall, at least one month before the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a detailed landfill gas hazard assessment, which shall include a review of the preliminary qualitative risk assessment in the approved EIA report, preparation of a detailed qualitative risk assessment, preparation of detailed design of gas protection measures and the establishment of maintenance and monitoring programmes to ensure the continued performance of the proposed control measures. The submissions shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be provided upon request by the Director.
Measures and Submissions to be Implemented during Construction of the Project
Submission of Restoration and Ecological Enhancement Plan
2.6 The Permit Holder shall, within six months after the commencement of construction of the Project, submit to the Director for approval four hard copies and one electronic copy of a coherent restoration and ecological enhancement plan showing details of restoration measures for the extension site including provision of 6 hectares of mixed woodland planting composting of about 20% non-native tree species to compensate the loss of shrubland and a mosaic of grassland and shrubland in the remaining areas of the extension. The plan(s), of scale 1 to 1000 or other appropriate scale as agreed by the Director, shall include details on locations, size, number and species of planting, implementation programme, maintenance and management schedules. The submission shall be certified by the ET Leader and verified by the IEC as conforming to the information, requirements and recommendations set out in the approved EIA Report. All measures recommended in the approved restoration and ecological enhancement plan(s) shall be fully and properly implemented in accordance with the details and programme set out in the submission.
Setting up of Trial Nursery
2.7 The Permit Holder shall set up a trial nursery for native plant species in advance during construction phase to fine tune the planting matrix and management intensity of the recommended indigenous tree species.
Advance Screen Planting
2.8 The permit Holder shall, within 3 months of possession of the Project site, plant advance screen planting of Casu arina Sp. or Acacia Sp. at Light Standard size at 1.5 m centres apart along the High Junk Peak Trail as indicated in Figure 2 or on area agreed by the Director, so as to screen views of the Project from the trail. Planting shall be completed within 9 months of taking possession of the Project site.
Provision of Multi-layer Composite Liner System
2.9 The Permit Holder shall provide a Multi-layer Composite Liner System in accordance with Figure 3 covering the entire area of the Project where waste will be deposited.
Measures and Submissions to be Implemented during Operation of the Project
Measures to Minimise Odour Emissions
2.10 To minimise surface emissions, the non-active tipping area shall be covered with 600 mm of soil and an impermeable liner. The size of active tipping face shall be maintained not greater than 40 m x 30 m, of which the size of the active tipping face for municipal solid waste and construction waste and for construction waste only shall be limited to 20 m x 30 m. The municipal solid waste shall be promptly covered with soil or inert materials. The daily covered area shall be covered with at least 300 mm of soil daily after 11 pm.
2.11 To minimise odour emission from special waste trench, the Permit Holder shall maintain the size of each trench not greater than 6 m x 2.5 m. The trench shall be provided with a mobile cover with retractable or suitable opening and remained closed except during waste deposition. The air trapped inside the trench shall be extracted and scrubbed by a mobile odour removal unit prior to discharge to the atmosphere. The filled trenches shall be covered with at least 600 mm of soil and impermeable liner after 5 pm daily.
2.12 The weighbridge area shall be enclosed. A vehicle washing facility shall be provided before the exit of the landfill.
2.13 Progressive restoration with final capping system including impermeable liner, shall be applied for the areas, which reach the finished profile to ensure waste is completely separated from the surrounding environment.
2.14 Deodorizers shall be installed along the site boundary adjacent the air sensitive receivers.
2.15 Deodorizers or odour suppression agents shall be applied to control odour emissions from the active tipping face and special waste trench.
2.16 All the leachate storage and treatment tanks shall be enclosed except the Sequential Batch Reactor tanks. Exhaust air from these tanks should be diverted to a thermal oxidizer to avoid odour emissions.
2.18 No sewage sludge shall be disposed of at the Landfill Extension.
Contingency Plan for Accidental Leakage of Leachate
2.19 Monitoring of groundwater shall be implemented throughout the operation and restoration phases. In the event that the triggered levels are exceeded, the submersible pumps shall pump groundwater into the leachate collection sumps.
Provision of Landfill Gas (LFG) Collection and Management System
2.20 A vertical and horizontal landfill gas extraction system shall be installed to enhance extraction of landfill gas from the waste mass.
2.21 Landfill gas protection measures shall be implemented at all new buildings on site to prevent the ingress of landfill gas and mitigate any potential risks posed by landfill gas migration in accordance with the recommendations of the approved detailed landfill gas hazard assessment submitted under Condition 2.5.
3. Environmental Monitoring and Audit (EM&A) Requirements
3.1 The 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.
3.2 Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Manual by:
(a) conducting baseline environmental monitoring;
(b) conducting impact monitoring;
(c) carrying out remedial actions described in the Event/Action Plans of the EM&A Manual in accordance with the time frames set out in the Event/Action Plans, or as agreed by the Director, in case where specified criteria in the EM&A Manual are exceeded; 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 for inspection on site.
3.3 Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks 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.
3.4 Four 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 non-compliance (exceedances) of the environmental quality 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 request by the Director.
3.5 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
4. Electronic Reporting of EM&A Information
4.1 To facilitate public inspection of the 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 1.3 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, JPEG or PDF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hardcopies.
4.2 The Permit Holder shall, within six weeks to the commencement of construction of the Project, set up a dedicated web site and notify the Director in writing the Internet address, where the project information, all environmental monitoring and audit data and reports described in Condition 4.1 above, all finalized submissions and plans required under this Permit, and all minutes of meetings, documents and papers for the Community Liaison Group as described in Condition 2.4 are to be placed. All environmental monitoring and audit data and reports described in Condition 4.1 above shall be made available to the public via this dedicated web site 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 and reports is/are collected or become available, unless otherwise agreed with the Director. All finalized submissions and plans shall be made available to the public via this dedicated web site to be set up by the Permit Holder in the shortest possible time and in no event later than 2 weeks after they are deposited with or approved by the Director as required under this Permit, 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 monitoring and project information including the project profile of the Project, the EIA report, the environmental permit(s), all environmental monitoring and audit data and report and all finalized submissions and plans required under this Permit. Unless otherwise agreed with the Director, the internet website shall have features capable of providing access to all environmental monitoring data collected since the commencement of works;
(a) searching by date;
(b) searching by types of monitoring data (e.g. noise, water and air quality); and
(c) 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 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 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: -
on a first conviction on indictment to a fine of $2 million and to imprisonment for 6 months;
(i) on a second or subsequent conviction on indictment to a fine of $5 million and to imprisonment for 2 years;
(ii) on a first summary conviction to a fine at level 6 and to imprisonment for 6 months;
(iii) on a second or subsequent summary conviction to a fine of $1 million and to imprisonment for 1 year; and
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.