Environmental Permit No. EP -
436/2012
環境許可證編號 EP- 436/2012
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
Section 10
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, the Director of
Environmental Protection (the Director) grants this environmental permit to the
MTR Corporation Limited (hereinafter referred to as the
"Permit Holder") to construct and operate the designated project
described in Part B subject to the conditions described in or attached to 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鐡路有限公司 (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部所說明或附載的條件。本環境許可證的發出，乃以下表所列的文件、批准或許可作為根據：–
|
Application No. 申請書編號 |
AEP-436/2012 |
|
Document in the Register |
(1) Shatin to Central Link – Hung Hom to Admiralty Section Environmental Impact Assessment (EIA) Report,
Environmental Monitoring and Audit (EM&A) Manual and Executive Summary
(Register No.: AEIAR-166/2012) [Hereinafter referred to as "the EIA
Report"] (1)沙田至中環綫
- 紅磡至金鐘段環境影響評估報告,環境監察審核手冊及行政摘要(登記冊編號:AEIAR - 166/2012) [下稱環評報告] (2)The Director’s letter of approval of the EIA report dated
17 Feb 2012 [ Ref.: (29) in AX(4) to EP2/G/A/ (2)署長於 (3)Application for an Environmental Permit No. AEP-436/2012.
[Hereafter referred to as “the Application No. AEP-436/ (3)申請環境許可證編號 AEP-436/2012。[下稱 “申請書編號 AEP- 436/ |
|
22 March 2012 |
|
|
|
Date 日期 |
|
(Ken Y.K. Wong) Principal Environmental Protection Officer For Director of Environmental Protection 環境保護署署長 (首席環境保護主任 黃耀光代行) |
PART
B ( DESCRIPTIONS OF DESIGNATED
PROJECT(S) )
B部 (指定工程項目的說明)
Hereunder
is the description of the designated project(s) mentioned in
Part A of this environmental permit :-
下列為本環境許可證A部所提及的指定工程項目的說明:
|
Title of Designated Project(s) 指定工程項目的名稱 |
Shatin to Central Link (Hung Hom – Admiralty
Section) [This designated project is hereinafter referred
to as "the Project"] 沙田至中環綫 - 紅磡至金鐘段 [這指定工程項目下稱“工程項目”] |
|
Nature of Designated Project(s) 指定工程項目的性質 |
Construction and operation of a railway and its associated stations, a
railway tunnel more than 興建和運作鐵路及其相聯車站，一條入口之間的長度超過 |
|
Location of Designated Project(s) 指定工程項目的地點
|
Railway alignment from proposed ventilation building in Hung Hom Station
crossing 鐵路路線由擬建的紅磡站北通風大樓、橫過維多利亞港、銅鑼灣避風塘、擬建的會展車站至金鐘、越位隧道、位於石澳的沉管隧道預製件工場及於羅湖擴建現有的通道。工程項目及其工地的位置見載於本許可證夾附的圖1 及2。 |
|
Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
The Project comprises the following designated
project elements: (i) Construction and
operation of an approximately (ii) Temporary reclamation
totalling approximately (iii) Reclamation works and dredging works in 工程項目的範圍包括: (i)
興建和運作一段長約 (ii)
位於紅磡海岸附近及銅鑼灣避風塘，總面積約 (iii)
於維多利亞港進行填海及挖泥工程以建造海底鐵路。 |
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 but without limitation to the Noise Control Ordinance
(Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control
Ordinance (Cap. 358), Waste Disposal Ordinance (Cap. 354), Dumping at Sea
Ordinance (Cap. 466) and Dangerous Goods Ordinance (Cap.295). 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 or 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 and operation of the Project and
shall mean the same hereafter.
1.5
The Permit Holder shall display conspicuously a copy
of this Permit on the construction 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 construction 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 all
recommendations described in the EIA Report, the application document
(Application No. AEP-436/2012) and 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 finalised 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 construction commencement date 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 construction commencement date.
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 finalised 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.
1.13 For the purpose of this
Permit, “construction commencement” does not include works related to site
clearance and preparation, or other works as agreed by the Director.
1.14 The Permit Holder shall notify the Director in writing
the operation commencement date of the Project no later than two months prior
to the commencement of operation of the Project. The Permit Holder shall notify the
Director in writing immediately if there is any change of the operation
commencement date.
2
Special Conditions
Submissions
and Measures before Commencement of Construction of the Project
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 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 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 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.
Community
Liaison Groups
2.3
Before the commencement of construction of the Project, the
Permit Holder shall set up Community Liaison Groups (CLGs) comprising
representatives of concerned and affected parties, including owners’ corporations, management offices, local committees,
residents and schools in the affected areas along the railway alignment, to
facilitate communication, enquiries and complaints handling on environmental issues related to the
Project. A designated
complaint hotline shall also be set up for the Project to address the concerns
and complaints in an efficient manner throughout the entire construction period
of the Project. The Permit Holder
shall follow up with the CLGs on the implementation of mitigation measures and
other initiatives proposed by the Permit Holder, arrangement of continuous
construction noise monitoring as well as tree management and transplantation,
etc. The Permit Holder shall notify
the Director the date of setting up the CLGs, the membership, the terms of reference and the
contact details at least one month before commencement of construction of the
Project.
Appointment of
Certified Arborist
2.4
The Permit Holder shall appoint a Certified Arborist
to advise on, monitor and ensure proper implementation of measures for
protecting trees affected by the Project, in particular the Old and Valuable
Trees within the Project boundary, as well as trees to be transplanted, and to
prepare proposals to be submitted under Condition 2.14.
Management
Organization of Main Construction Companies
2.5
The Permit Holder shall, no
later than two weeks 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 works of the Project. The submitted information shall
include at least an organization chart, names of responsible persons and their
contact details.
Submission of Construction
Programme and EP Submission Schedule
2.6
The Permit Holder shall, no later than two weeks before
commencement of construction of the Project, deposit with the Director four
hard copies and one electronic copy of the construction programme showing the
commencement and completion dates of major items of construction works;
together with the anticipated schedule of submissions for fulfilling the
submission requirements as contained in this Permit. The Permit Holder shall inform the
Director in writing of any subsequent changes to this submitted construction
programme and EP submission schedule.
Submission of Construction Noise Mitigation Measure Plan
2.7
To further reduce the air-borne construction noise
impacts on the Noise Sensitive Receiver (NSR) with exceedance after mitigation
as predicted in the EIA Report, (i.e. Causeway Centre, Block A), the Permit
Holder shall, no later than one month before the commencement of construction
of the Project, submit to the Director for approval four hard copies and one
electronic copy of an updated Construction Noise Mitigation Measure Plan
(CNMMP) and other initiatives proposed by the Permit Holder. The plan shall
include:-
(a)
a schedule of construction works to be carried out at the
works areas of the Project within
(b)
an updated construction methodology of the construction
works;
(c)
an updated powered mechanical equipment (PME) list for
the construction works;
(d)
an updated proposal of air-borne construction noise
mitigation measures for the NSR, including the provision of noise barriers and
enclosures, if applicable; and
(e)
an updated prediction of noise levels in accordance with
the above updated information and mitigation proposals in place.
Before submission to
the Director, the CNMMP shall be certified by the ET and verified by the IEC as
conforming to the relevant information and recommendations contained in the EIA
Report. The
approved CNMMP shall be fully and properly implemented.
Submission of Continuous Noise Monitoring Plan
2.8
The
Permit Holder shall, no later than 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 Continuous Noise Monitoring Plan for the
Project. The plan shall include:
(a)
updated
environmental monitoring and audit requirements relating to continuous noise monitoring at the NSR with
exceedance after mitigation in air-borne construction noise impact as predicted
in the EIA Report (i.e. Causeway Centre, Block A) and as updated in the CNMMP
approved under Condition 2.7;
(b)
drawings
in the scale of 1:5,000 or other appropriate scale as agreed by the Director
showing the proposed location for conducting continuous noise monitoring;
(c)
monitoring
methodology and measurement parameters;
(d)
a system to report the continuous noise monitoring results
on a website as required under Condition 4.2, within a period of 2 working days
after the relevant noise monitoring data are collected or become available; and
(e)
an
Event and Action Plan giving details of the immediate active remedial measures in the event
that the measured noise levels exceed the worst-case scenario predicted in the
EIA Report or the levels as updated by the CNMMP approved under Condition 2.7.
Before
submission to the Director, the Continuous Noise Monitoring Plan shall be certified
by the ET and verified by the IEC as conforming to the relevant information and
recommendations contained in the EIA Report or the updated prediction of noise
levels as contained in the CNMMP approved under Condition 2.7. The approved Continuous Noise Monitoring Plan shall be fully and properly implemented.
Submission of Construction
and Demolition (C&D) Material Management Plan
2.9
The Permit Holder shall, no later than one month before commencement
of construction of the Project, submit to the Director for approval four hard
copies and one electronic copy of a Construction and Demolition (C&D)
Materials Management Plan (C&DMMP). The C&DMMP shall describe the
arrangements for avoidance, reuse, recovery and recycling, storage, collection,
treatment and disposal of C&D materials to be generated from the
construction of the Project. The
C&DMMP shall indicate the disposal location(s) of all surplus excavated
spoil and other wastes. A trip ticket
system shall be included in the C&DMMP. Surplus excavated spoil and other wastes
shall only be disposed of at designated disposal locations unless otherwise
approved by the Director.
Before submission to the Director, the
C&DMMP shall be certified by the ET Leader and verified
by the IEC as conforming to the relevant information and recommendations
contained in the EIA Report. The
approved C&DMMP shall be fully and properly implemented.
Submission of Silt Curtain
Deployment Plan
2.10
At least two weeks prior to the commencement of
marine works of the Project, the Permit Holder shall deposit with the Director
four hard copies and one electronic copy of a silt curtain deployment plan. The
silt curtain deployment plan shall be certified by the ET Leader and verified
by the IEC as conforming to the relevant information and recommendation
contained in the EIA Report. In
particular, silt curtains shall be deployed as required under Conditions 2.13,
2.17, 2.18 and 2.19 of this Permit.
The silt curtain deployment plan shall include plans showing the
construction programme and details on the design, operation and maintenance
requirements of the silt curtain(s) including but not limited to deployment of
silt curtain(s) for dredging, filling works and underwater blasting as
recommended in the EIA Report and the relevant documents in the EIAO
Register. The typical configuration
of the silt curtain is shown in Figure 3
for reference. The deposited silt
curtain deployment plan shall be fully and properly implemented throughout the
construction period.
Submission of
Silt Screen Deployment Plan
2.11
At least two weeks prior to the commencement of the
marine works, the Permit Holder shall deposit with the Director four hard copies
and one electronic copy of a silt screen deployment plan to provide details of
the design, operation and maintenance requirements of the silt screen systems
as required under Conditions 2.18 and 2.20 of this Permit. The Permit Holder
shall liaise with the owners and the operators of the seawater intakes shown in
Figure 4 of this Permit on details of
silt screen installation, maintenance and removal at the seawater intakes. The
silt screen deployment plan shall be certified by the ET Leader and verified by
the IEC as conforming to the relevant information and recommendation contained
in the EIA Report and the liaison results with owners and operators of the
seawater intakes. The typical
configuration of silt screen is shown in Figure
3 for reference. Silt screens
shall be installed at seawater intakes prior to the commencement of the
corresponding marine works in the vicinity. To avoid refuse entrapment and to ensure
representative impact monitoring results, silt screens shall be maintained and
refuse around them shall be removed on a daily basis so that water behind the
silt screens will be kept free from floating debris during the construction
period.
Submission of Sediment
Management Plan
2.12
The Permit Holder shall, no later than one month before
the commencement of marine works of the Project, submit to the Director for
approval four hard copies and one electronic copy of an updated sediment
management plan. The plan shall
include, but not limited to, details of the proper treatment and handling of
sediments generated by the Project before disposal. The sediment management plan shall be fully
and properly implemented.
Submission of Fisheries Impact Mitigation
Plan
2.13
In the event that underwater blasting is used, the Permit
Holder shall, no later than one month before the commencement of any underwater
blasting, submit four hard copies and one electronic copy of a fisheries impact mitigation plan to the Director for
approval. The plan shall be prepared in consultation with
the relevant authorities, including, but not limited to, the Civil Engineering
and Development Department, Marine Department and Agriculture, Fisheries and
Conservation Department. The plan shall set out details of measures to minimize
impacts on fisheries resources from underwater blasting, such as the use of
silt curtain to fence off and isolate the lethal zone of the underwater
blasting, where practicable. The
approved fisheries impact mitigation plan shall be fully and properly
implemented.
Submission of Visual, Landscape and Tree Planting & Tree Protection Plan
2.14
The Permit Holder shall, no later
than one month before the commencement of construction of the Project, submit four hard
copies and one electronic copy of the visual, landscape and tree planting &
tree protection plan to the Director for approval. The plan, with drawings in the scale of
1:1000 or other appropriate scales as agreed by the Director, shall show the visual
and landscape, tree planting & tree protection measures of the Project, and
shall include at least the following information:
(a)
aesthetic landscape and architectural treatment for above
ground structures including MTR entrances, plant buildings, ventilation
buildings, ventilation shafts, cooling towers, emergency access point, screen
hoarding and associated engineering facilities;
(b)
tree protection proposal showing locations, size, number
and plant species of trees to be retained; and detailed working method
statement for protection of retained trees;
(c)
transplantation proposal showing
locations, size, number and tree species to be transplanted and the final
locations for transplantation;
(d)
tree felling proposal showing locations, size, number and
plant species of trees to be felled;
(e)
tree compensation proposal showing locations, size, number and plant species of trees to be planted as compensation;
(f)
post-planting care proposal showing the
proposed establishment period and the associated maintenance care requirements
and frequency for transplanted trees and trees planted as
compensation under this Condition; and
(g)
implementation programme, maintenance and management schedules for measures proposed in (a) to (f) above.
The proposals under Conditions 2.14(b) to (f) shall be prepared by the Certified Arborist appointed under Condition 2.4. The plan shall
be certified by the ET Leader and verified by the IEC as conforming to the
information and recommendations contained in the EIA Report. The
approved plan shall be fully and properly implemented.
Submissions
and Measures to be Implemented During Construction Stage
Measures
for Mitigating Construction Dust Impact
2.15
In
order to minimise the construction dust impact, the following dust mitigation
measures shall be implemented:
(a)
watering
once every working hour to keep active works areas, exposed areas and paved
haul roads wet; and
(b)
enclosing
the unloading process at any barging point tipping hall by a 3-sided screen
with top, and operating water spraying and flexible dust curtains at the
discharge point.
Measures for Mitigating Construction Water Quality Impact
Temporary Reclamation at Hung Hom
Landfall and Associated Works
2.16
To reduce the release of sediment and contaminant during
temporary reclamation at Hung Hom Landfall, all excavation and dredging works
shall be undertaken within cofferdam and there shall be no open dredging.
2.17
Silt
curtains shall be installed to surround the works area to minimize the release
of sediment due to removal and reinstatement of fender piles of Hung Hom Bypass and minor marine piling works as
shown in Fig 2.
Temporary
Reclamation and Dredging within
2.18
To minimize water quality impact arising from the temporary reclamation and dredging works within
CBTS
(a)
temporary seawalls shall first be formed to enclose each
phase of the temporary reclamation. Installation of diaphragm wall on temporary
reclamation as well as bulk filling shall proceed behind the completed seawall,
which shall be constructed to a height above the high water mark;
(b)
any gaps in the seawall that may need to be provided for
marine access shall be shielded by silt curtains to control sediment plume
dispersion away from the site;
(c)
demolition of temporary reclamation, including the
demolition of the diaphragm wall, and dredging to the existing seabed levels
shall also be carried out behind the temporary seawall;
(d)
temporary seawall shall not be removed before
completion
of all excavation and dredging works for demolition of the temporary
reclamation;
(e)
silt curtains shall be deployed to fully enclose the
closed grab dredger and shall be extended from water surface to the seabed, as
far as practicable, during any dredging operation;
(f)
silt screen shall be deployed to protect the cooling
water intakes within the CBTS throughout the temporary reclamation period;
(g)
no more than two dredgers with closed grab (each of about
Immersed Tube Tunnel (IMT) Construction and Dredging in the Harbour
outside CBTS
2.19
To minimize water quality impacts from dredging in
(a)
dredging shall be carried out by closed grab dredger;
(b)
no more than one closed grab dredger shall be operated
outside the CBTS in the open harbour for construction of this Project;
(c)
dredging for temporary reclamation outside the CBTS shall
not be carried out concurrently with the dredging / filling works for IMT
construction;
(d)
floating type or frame type silt curtains shall be
deployed around the dredging operations within
(e)
frame type silt curtains shall be deployed around the
dredging operations for the remaining IMT segments outside
(f)
the daily production rate of any dredging / filling work
of the Project to be undertaken in the open
(i) shall
not exceed
(ii) shall
not exceed
(g)
the hourly production rate for dredging or bulk filling
work of the Project within the open
(i) shall not exceed
(ii) shall not exceed
(h)
the maximum working time for the dredging / filling works
of the Project shall not exceed 16 hours per day, or more than 6 days per week.
2.20
Silt screens shall be installed
at the
cooling water intakes of East Rail Extension, Metropolis and Hong Kong
Coliseum; and WSD Flushing Water Intakes at Kowloon Station, Tai Wan,
2.21
To protect the water quality in
(a)
charge shall be placed in cores within rock in order that
there will be no blast directly into the water; and
(b)
in terms of the construction sequence, sediment dredging
within the planned IMT works area shall be conducted prior to any underwater
blasting.
2.22
To minimize water quality impacts during IMT
construction, bulk filling along the IMT alignment for the Project shall be
carried out only after the bulk dredging works along the IMT alignment are
completed.
2.23
To minimize water quality impacts from the washdown,
flooding and draining operations at
Submission
and Measures for Mitigating Land Contamination Impact
2.24
To determine the extent and level of land contamination
and formulate necessary remedial measures at the existing above-ground diesel
tanks for Wan Chai Swimming Pool as shown in Figure 5 of this Permit, the Permit
Holder shall:-
(a)
no later than two months before commencement of
construction work at the above-ground diesel tanks for Wan Chai Swimming Pool,
submit to the Director for approval four hard copies and one electronic copy of
a Contamination Assessment Plan (CAP). The CAP shall include proposal
with details of representative sampling and analysis required to determine the
nature and extent of contamination, if necessary;
(b)
no later than one month after the completion of the land
contamination investigation works in accordance with the approved CAP,
submit to the Director for approval four hard copies and one electronic
copy of Contamination Assessment Report (CAR) to document the findings of the
land contamination investigation works and assessment on the nature and extent
of land contamination;
(c)
if land contamination is confirmed, submit to the
Director for approval four hard copies and one electronic copy of Remedial
Action Plan (RAP) to formulate necessary remedial measures. All remedial
measures described in the approved RAP shall be fully and properly
implemented. No demolition of the existing above-ground diesel tank for
Wan Chai Swimming Pool shall be carried out before the CAP/RAP is approved by
the Director.
Before submission to the
Director, the CAP, CAR and RAP shall be certified by the ET Leader and verified
by the IEC as conforming to the information and recommendations contained in
the EIA Report.
Measures for Mitigating Aerial Emissions
from Construction Plant
2.25
All diesel fuelled construction plant, including marine
vessels if possible, used by the contractors within the works areas of the
Project shall be powered by ultra low sulphur diesel fuel.
Submissions and Measures Before and During
Operational Stage
Submission of As-Built
Drawings of Measures for Mitigating Visual and Landscape Impact and Tree
Planting
2.26
At least one month before the Project commences
operation, four hard copies and one electronic copy of as-built drawing(s) on
landscape and visual mitigation measures with an
explanatory statement showing the final locations, size, number and species of
planting to demonstrate compliance with the approved submissions under
Condition 2.14 of this Permit shall be deposited with the Director. This as-built submission shall be certified
by the ET Leader and verified by the IEC that the Visual, Landscape and
Tree Planting & Tree Protection Plan approved under Condition 2.14 has been
fully and properly implemented.
Submissions and Measures for Mitigating Operational Noise
2.27
The Permit Holder shall operate 9-car SP1900 train, or other train
type with equivalent or better noise performance supported with justifications
by the ET Leader and verified by the IEC as conforming to the information,
requirements and recommendations as set out in the EIA Report. The maximum train frequency operating in
the Project from hours 0700 to 2300 shall not exceed 30 trains per hour in each
direction. The maximum train
frequency operating in the Project from hours 2300 to 0700 of the following day
shall not exceed 24 trains per hour in each direction.
2.28
The Permit Holder shall, no later than one month after
completion of corresponding parts of the tunnel excavation of the Project,
deposit with the Director four hard copies and one electronic copy of an
updated Operational Ground-borne Noise Mitigation Measures Plan to justify the
adequacy of the proposed operational ground borne noise mitigation measure
recommended for that part of the tunnel in the EIA Report. The plan shall include the review and
verification of the assumptions adopted in the EIA Report, such as line source
response and ground vibration conditions, and shall include justifications and
recommendations for any additional noise mitigation measures found necessary,
including but not limited to:
a) medium attenuation baseplates (Type 1);
b) high attenuation baseplate or booted dual sleepers (Type 2); or
c) floating mini slab trackform (Type 3).
Before submission to
the Director, the Operational Ground-borne Noise Mitigation Measures Plan shall
be certified by the ET Leader and verified by the IEC as conforming to the
information, requirements and recommendations as set out in the EIA Report.
2.29
The Permit Holder shall, no later than one month after the
completion of installing the rail tracks, deposit with the Director four hard
copies and one electronic copy of a set of as-built drawing(s) for the
operational ground-borne noise mitigation measures as recommended in the
updated Operational Ground-borne Noise Mitigation Plan deposited under
Condition 2.28 above. Before
submission to the Director, the set of as-built drawing(s) shall be certified
by the ET Leader and verified by the IEC who shall confirm that the measures
set out in the updated Operational Ground-borne Noise Mitigation Plan under
Condition 2.28 has been fully and properly implemented.
2.30
At
least one month before commencement of operation of the Project, the Permit Holder
shall carry out noise performance test in accordance with Sections 8.3 to 8.10
of the EM&A Manual and deposit with the Director four hard copies and one
electronic copy of a Noise Performance Test Report to confirm the compliance of
the operational ground-borne levels in accordance with the EIA Report. Before submission to the Director, the
Noise Performance Test Report shall be certified by the ET Leader and verified
by the IEC as conforming to the
information and recommendations contained in the EIA Report. All measure(s) recommended in the
deposited Noise Performance Test Report shall be fully and properly implemented.
2.31
At
least one month before commencement of operation of the Project, the Permit
Holder shall carry out fixed plant noise audit and deposit with the Director
four hard copies and one electronic copy of an audit report showing that the
design of the fixed plant noise sources associated with the Project complies
with the maximum sound power levels determined in the EIA Report. The audit report shall also confirm that
noise emitted from the fixed noise sources shall be free of the characteristics
of tonality, implusiveness and intermittency. The audit report shall be certified by
the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the
EIA Report.
Measures for
Mitigating Impacts on Water Quality from Track Run-off
2.32
To mitigate water quality impact from tunnel run-off from
rail track:
(a)
track drainage channels discharge shall pass through
oil/grit interceptors/chambers to remove oil, grease and sediment before
discharging into public storm drainage / foul sewerage systems;
(b)
the silt traps and oil interceptors shall be cleaned and
maintained regularly; and
(c)
oily contents of the oil interceptors shall be
transferred to an appropriate disposal facility, or to be collected for reuse,
if possible.
3. Environmental
Monitoring and Audit 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 of the Project and the Continuous Noise Monitoring Plan approved under Condition 2.8 above. The Permit Holder shall review the EM&A requirements or programme based on the submitted construction programme required under Condition 2.6. Any changes to the EM&A requirements or programme and termination of the EM&A programme shall be supported with justifications by the ET Leader and verified by the IEC to their conformance with the requirements as set out in the EM&A Manual of the Project and the Continuous Noise Monitoring Plan approved under Condition 2.8; and the prior approval from the Director shall be sought before their implementation.
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 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 the commencement of construction of the Project. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual. Additional copies of the submission shall be provided upon request by the Director.
3.4 Four hard copies and one electronic copy of the monthly EM&A Reports shall be submitted to the Director within two weeks after the end of the reporting month throughout the entire construction period. The monthly EM&A Reports shall include a summary of all non-compliance with the recommendations in the EIA Report or this Permit. The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Manual. Additional copies of the submission shall be provided upon request by the Director.
3.5 All EM&A results 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 the monthly
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 1.3 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 3.3
and 3.4 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 format unless otherwise agreed by the Director. The content
of the electronic copies of these Reports must be the same as the hard copies.
4.2 The
Permit Holder shall set up a dedicated web site and notify the Director in
writing the internet address where the environmental monitoring and project
data is to be placed within 1 month after the commencement of construction of
the Project. All environmental
monitoring results described in Condition 4.1 above and all submissions
required by this Permit 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 2 weeks after the relevant
environmental monitoring data are collected or become available, unless otherwise
agreed with the Director. The
Permit Holder shall maintain the dedicated website for public access of the
environmental monitoring data and reports throughout the entire construction
period and during the first 3-year of operation of the Project, or otherwise as
agreed by the Director.
4.3 The
internet website as described in Condition 4.2 above shall enable user-friendly
public access to the monitoring data and project data including the EIA Report,
the environmental permit(s) and project profile of the Project. The internet
website shall have features capable of:
(a)
providing access to all environmental monitoring data
collected since the commencement of construction and all submissions under this
permit;
(b)
searching by date;
(c)
searching 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 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 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:-
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.
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