Environmental Permit No. EP-309/2008
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 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:
Document in the Register :
"林村污水泵房" (登記冊編號: PP-171/2002)
2. Application for Environmental Permit submitted by the Permit Holder on 22 July 2008 (Application No.: AEP-309/2008)
Permission to Apply Directly for Environmental Permit
Letter Reference: ( ) in EP2/N5/F/36
信件檔號: ( ) in EP2/N5/F/36
Date: 7 August 2002
15 August 2008
(Maurice K.L. YEUNG)
Principal Environmental Protection Officer
(Assessment and Noise)
for Director of Environmental Protection
(首席環境保護主任(評估及噪音) 楊國良代行 )
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
Lam Tsuen Valley Sewage Pumping Station
[This designated project is hereinafter referred to as "the Project"]
Nature of Designated Project
A sewage pumping station with an installed capacity of more than 2,000 m3 per day and its boundary is less than 150 m from the existing residential area.
Location of Designated Project
Tai Po, near Lam Kam Road Interchange. The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
Construction and operation of a sewage pumping station with an average dry weather flow of about 5,600m3 per day.
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 the Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354) and Country Parks Ordinance (Cap.208). 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. PP-171/2002) and the application documents including all attachments (Application No. AEP-309/2008) in the EIA Ordinance 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 submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director, within two weeks of the receipt of the Director’s comments or otherwise specified by the Director.
1.9 All submissions approved 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project no later than one month 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 hard copies.
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. Specific Conditions
2.1 To minimize odour impact during operation of the Project, the inlet chamber, screening chamber and wet well of the pumping station shall be located underground with cover. Exhaust air from the pumping station shall be ventilated through a deodourizer capable of achieving at least 99.5% overall hydrogen sulphide removal efficiency, prior to discharge at a direction facing to southern-east direction.
2.2 To minimize operational noise impact of the Project, the pumping station shall be of fully enclosed design. Extraction fans of deordurizer shall be installed with acoustic silencers and openings of the pumping station shall be installed with acoustic lourvers or double glazed windows.
2.3 During construction of the Project, stockpiling of waste and excavated material shall be located within the project site boundary and all stockpiled materials shall be removed from the site as soon as practicable.
2.4 To minimize the chance of discharging sewage from the by-pass system of the pumping station into Lam Tsuen River during emergency situation, the following installations shall be provided :
(i) standby pumping units and backup power supply in the form of dual power supply system or automatic operated generator.
(ii) sewage retention facilities with storage capacity of no less than 2 hours of peak sewage flow for collection of by-pass sewage and tanked away for disposal.
(iii) telemetry system to transmit signals showing irregularity or operation problem of the pumping station to the existing Tai Po Sewage Treatment Works or nearby manned pumping station for taking immediate remedial actions. The Permit Holder shall notify Water Supplies Department immediately under emergency sewage by-pass situation.
2.5 To avoid contamination of the nearby water gathering ground and Lam Tsuen River, the following measures shall be implemented during construction and operation :
(i) substances that will cause significant water pollution including pesticide or toxicant, flammable or toxic solvents, petroleum oil or tar, and toxic material shall not be stored on site.
(ii) stockpiling areas shall be concrete paved and installed with bunds.
(iii) perimeter drains equipped with grease traps shall be provided at the site boundary and be connected to the public drainage system.
2.6 The Permit Holder shall submit a landscape plan including a tree preservation proposal to the Director for approval at least two months before commencement of construction of the Project. The plan shall show the locations, size, number and plant species for landscaping; locations, size, number and plant species of trees for retaining, transplanting or felling, and their preservation; and architectural, colour treatment, finishes and texture of materials of the pumping station to mitigate landscape and visual impacts. All landscape and visual mitigation measures shall be implemented for the Project in accordance with the approved landscape plan.
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 of the Project, another environmental permit must be obtained under the Ordinance before the Project could be continued. It is an offence under Section 26 (1) of the Ordinance to construct a designated project listed in Schedule 2 of the Ordinance without a valid environmental permit.
7. Any person who constructs 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-309/2008
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