Environmental Permit No. EP-312/2008
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 Civil Engineering and Development 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 –
“New Contaminated Mud Marine Disposal Facility at Airport East/East Sha Chau Area” (Register No.: PP-157/2001)
2. New Contaminated Mud Marine Disposal Facility at Airport East/East Sha Chau Area – Environmental Impact Assessment (EIA) and Final Site Selection Report, Executive Summary, Environmental Monitoring and Audit Manual
(Register No.: AEIAR-089/2005)
Hereinafter referred to as “the EIA Report”
機場東面/東沙洲一帶的新海上污泥卸置設施 - 環境影響評估(環評)及最終選址報告，行政摘要，環境監察及審核手冊
3. The Director’s letter of approval of the EIA Report dated 1 September 2005 referenced (3) in Ax(1) to EP2/N9/C/90 Pt. V
署長於2005年 9月1日簽發的批准環評報告的信件，檔案編號 (3) in Ax(1) to EP2/N9/C/90 Pt.V
Document in the Register :
4. Documents attached to the Application for Environmental Permit submitted by the Permit Holder on 13 August 2008 (Application No.: AEP-312/2008) [Hereinafter referred to as the "Application"]
許可證持有人於2008年 8 月 13 日提交的環境許可證申請夾附的文件(申請書編號: AEP-312/2008) [下稱「申請書」]
9 September 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）
PART B (DESCRIPTION OF DESIGNATED PROJECT)
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
Disposal of Contaminated Sediment – Dredging, Management and Capping of Sediment Disposal Facility at Sha Chau
(This designated project is hereafter referred to as “the Project”)
Nature of Designated Project
Construction and operation of a marine dumping area and a dredging operation exceeding 500,000m3
Location of Designated Project
East of Sha Chau
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
The Project is to construct and operate a new contaminated mud marine disposal facility in a series of purpose-built pits with a total capacity for handling a maximum of 8Mm3 of contaminated mud. The Project mainly consists of the followings:-
(i) Dredging of a series of seabed pits within the proposed East of Sha Cha Facility boundary;
(ii) Backfilling each of dredged pit with contaminated mud that has been classified as requiring Type 2 disposal in accordance with the ETWB TC(W) No. 34/2002; and
(iii) Capping each backfilled pit with uncontaminated mud and/or public fill effectively isolating the contaminated mud from the surrounding environment.
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 Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354). 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 and 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 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 recommendations described in the EIA Report (Register No. AEIAR-089/2005), the application documents including all attachments (Application No. AEP-312/2008), 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.
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 (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 this Permit.
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 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 hard copies.
1.13 For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparations, or other works as agreed by the Director.
2. Specific 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-089/2005) 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-089/2005) 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-089/2005) 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.
2.3 The Permit Holder shall no later than one month before commencement of construction of the Project deposit with the Director three copies of 1:20 000 scale layout drawings showing the project boundary and the location of each mud pit with coordinates. The layout drawings so provided shall conform to the assessment that has been conducted in the EIA Report (Register No. AEIAR-089/2005) and shall show the tolerable range of accuracy of any plans and/or lines.
2.4 The Permit Holder shall no later than one month before commencement of construction of the Project deposit with the Director three copies of 1:1000 scale bathymetric survey drawings showing the original seabed levels within the project boundary prior to the construction of the Project.
Measures to be Implemented during Construction and Operation of the Project
2.5 All dredging, backfilling and capping works shall only be carried out within the project boundary as indicated in the layout drawings deposited under Condition 2.3 of this Permit.
2.6 Dredging operations within the project boundary shall not exceed 100,000m3 per week.
2.7 Backfilling operations within the project boundary shall not exceed a disposal rate of 26,700m3 per day.
2.8 Capping operations within the project boundary shall not exceed a disposal rate of 26,700m3 per day.
2.9 To minimize the noise impacts at the nearby noise sensitive receivers, no more than two grab dredgers shall be deployed on-site for dredging work and no more than one barge shall be operated on-site at any one time for either backfilling or capping activity unless otherwise agreed by the Director.
2.10 Backfilling with contaminated sediments is permissible up to a level of no less than 3 metres below the lowest seabed level on the periphery of each pit.
2.11 Following completion of backfilling, the contaminated materials shall be covered by a layer of at least 3 metres thick of uncontaminated dredged mud and/or natural uncontaminated soil to restore the original seabed level as surveyed and recorded under Condition 2.4 of this Permit. The finished seabed level shall not protrude from the existing seabed level.
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 3 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 and all finalized submissions and plans required under this Permit 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 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 could 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 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-312/2008
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