Environmental Permit No. EP-497/2015
環境許可證編號EP-497/2015
ENVIRONMENTAL
IMPACT ASSESSMENT ORDINANCE
(CHAPTER
499)
環境影響評估條例
(第499章)
第10條
ENVIRONMENTAL PERMIT TO DECOMMISSION A DESIGNATED PROJECT
解除指定工程項目運作的環境許可證
A部
(許可證主要部分)
Pursuant to
Section 10 of the Environmental Impact Assessment Ordinance (the EIAO), the
Director of Environmental Protection (the Director) grants this Environmental
Permit to Food and Environmental
Hygiene Department (hereinafter referred to as the “Permit Holder”) to
decommission the designated project described in Part B
subject to the conditions specified in Part C. The issue of this Environmental Permit
is based on the documents, approvals or permissions described below:
根據環境影響評估條例(環評條例)10條的規定，環境保護署署長(署長)將本環境許可證批予食物環境衛生署(下稱“許可證持有人”) 以解除B部所說明的指定工程項目的運作，但須遵守C部所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發：
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Application
No. 申請書編號： |
AEP-497/2015 |
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Document in
the Register: 登記冊上的文件： |
(1)
Decommissioning
of West Portion of the Middle Ash Lagoon at Tsang Tsui, Tuen Mun - Environmental
Impact Assessment (EIA) Report, EIA Executive Summary and Environmental
Monitoring and Audit (EM&A) Manual (Register No. AEIAR-186/2015)
[hereinafter referred to as the "EIA Report"] 屯門曾咀煤灰湖(中湖)西面部分的解除運作工程–環境影響評估(環評)報告、環評行政摘要及環境監察及審核手冊(登記冊編號：AEIAR-186/2015) [下稱 「環評報告」] |
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(2)
The Director’s letter of approval of
the EIA report dated 28.1.2015
referenced (13) in EP2/N4/G/107 Pt.2 署長於2015年1月28日發出批准環評報告的信件，檔案編號 : (13)
in EP2/N4/G/107 Pt.2 |
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(3)
Application for environmental permit submitted by the Permit Holder
on 10.3.2015 (Application No. AEP-497/2015)
許可證持有人於2015年3月10日提交的環境許可證申請(申請書編號
AEP-497/2015) |
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25 March 2015 2015年3月25日 |
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Date 日期 |
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(Victor YEUNG) Acting Principal Environmental Protection Officer for Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任楊維德代行) |
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PART B
(DESCRIPTIONS OF DESIGNATED PROJECTS)
B部 (指定工程項目的說明)
Hereunder is the
description of the designated projects mentioned in Part A
of this environmental permit:
(hereinafter
referred to as the Permit)
下列為本環境許可證(下稱許可證)A部所提述的指定工程項目的說明:
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Title of
Designated Projects 指定工程項目的名稱 |
Decommissioning
of West Portion of the Middle Ash Lagoon at Tsang
Tsui, Tuen Mun [This Designated Project is hereafter referred as
“the Project”] 屯門曾咀煤灰湖(中湖)西面部分的解除運作工程 [本指定工程項目下稱「工程項目」] |
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Nature of
Designated Projects |
Decommissioning of a Waste Disposal Facility for Pulverised Fuel
Ash 解除處置粉狀的燃燒灰的廢物處置設施的運作。 |
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Location of
Designated Project 指定工程項目的地點 |
West Portion of the Middle Ash Lagoon at Tsang Tsui, Tuen Mun. The
location of the Project is shown in Figure
1 of this Permit. 屯門曾咀煤灰湖(中湖)西面部分。圖1顯示工程的位置。 |
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Scale
and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
Decommissioning of West Portion of the
Middle Ash Lagoon at Tsang Tsui, Tuen Mun as indicated in Figure 1. 解除如圖1所示的屯門曾咀煤灰湖(中湖)西面部分的運作。 |
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 (EIAO) (Cap.499) and may become the
subject of appropriate action being taken under the (EIAO).
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),
Dangerous Goods (General) Ordinance (Cap. 295), Occupational Safety and Health
Ordinance (Cap. 509) and Factories and Industrial Undertakings Ordinance (Cap.
59).
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 EIAO Office.
1.4
The Permit Holder shall give a copy of
this Permit to the person(s) in charge of the Project site(s) and ensure that
such person(s) fully understands all conditions and all requirements
incorporated in
the Permit. The site(s) refers to site(s) of the Project and shall mean the
same hereafter.
1.5
The Permit Holder shall display
conspicuously a copy of this Permit on the site(s) at all vehicular site
entrances/exits or at a convenient location for public 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 site(s).
1.6
The Permit Holder shall decommission the
Project as described in Part B of this Permit.
1.7
The Permit Holder shall ensure that the Project
is decommissioned in accordance with the information and recommendations
described in the EIA Report (Register no. AEIAR-186/2015); the application documents including all
attachments (Application No. AEP-497/2015), 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 specified by the Director.
1.9
All submissions approved by the Director,
all submissions deposited without comments by the Director, or all submissions rectified in
accordance with comments by the Director under this Permit shall be construed
as part of the permit conditions described in Part C
of this Permit. Any variation of the submissions shall be approved by the
Director in writing or as prescribed in the relevant permit conditions. Any
non-compliance with the submissions may constitute a contravention of the EIAO (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 submission 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 EIAO
Register Office, or in any other places, or any internet websites as specified
by the Director, or by any other means
as specified by the Director for public inspection. For this purpose, the
Permit Holder shall provide sufficient copies of the submissions.
1.11
All submissions to the Director required
under this Permit shall be delivered either in person or by registered mail to
the EIAO Register Office (currently at
27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic
copies of all finalized submissions required under this Permit shall be
prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in
Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by
the Director and shall be submitted at the same time as the hard copies.
1.12
The Permit Holder shall notify the
Director in writing the commencement date of the decommissioning works of the Project
no later than one month prior to the commencement of the decommissioning works
of the Project. The Permit Holder shall notify the Director in writing
immediately if there is any change of the commencement date.
1.13
For the purpose of this Permit, “commencement
of decommissioning works” does not include works related to site clearance and
preparation or other works as agreed by the Director.
2. Specific
Conditions
2.1 An Environmental Team (ET) shall be established by the Permit Holder
no later than two weeks before commencement of decommissioning 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 requirements as contained in
the EM&A Manual of the Project. In addition, the ET Leader shall be
responsible for certifying the environmental acceptability of permanent and
temporary works, relevant design plans and submissions under this Permit.
The ET Leader shall keep a contemporaneous log-book of each and every instance
or circumstance or change of circumstances which may affect the environmental
impact assessment and each and every non-compliance
with the recommendations of the approved EIA Report (Register No. AEIAR-186/2015) 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 approved EIA
Report (Register No. AEIAR-186/2015) 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 two weeks before the commencement of decommissioning 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 of the Project and shall audit
the overall EM&A programme, 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 approved EIA Report (Register No. AEIAR-186/2015) and this Permit, which might affect
the monitoring or control of adverse environmental impacts from the Project.
In case 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 two weeks before the commencement of the decommissioning works 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 Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.
2.4 The Permit Holder shall, no later than two weeks before the commencement of the decommissioning
works of the Project, deposit four hard copies and one electronic copy of
design drawing(s) of the Project with
scale of 1:1000 to the Director. The design
drawing(s) shall indicate the project layout including the decommissioning
areas, the access roads and the surface drainage outfall system, etc.
2.5 No pulverised fuel ash shall be disposed off-site unless with the prior written
approval of the Director.
2.6 Before the
completion of the decommissioning works, no less than 1 metre
thick of fill materials shall be used to cover the pulverised fuel ash surface in the decommissioning area.
2.7 The
Permit Holder shall, no later than 2 weeks before the commencement of decommissioning
works of the project, deposit a Waste Management Plan to the Director.
The Plan shall include at least the overall framework of waste management and reduction, breakdown(s)
of waste statistic, plan(s) showing locations for segregation and temporary
storage of reusable recycled materials, including those fill materials for covering the decommissioning areas sourced from the public filling facilities.
2.8 In
order to minimize ecological impacts especially the Little Grebe, in addition to the ecological monitoring programme as specified in the EM&A Manual, the following mitigation measures shall be
implemented:
(a) Hoarding of not less than 2.4 m high shall be set up along the boundary of site area between the Middle and West Ash Lagoons, and between
the northern edge of the site area and the water channel north of the site area so as to minimize disturbance to the
Little Grebe during the decommissioning works.
(b) Any construction works in the water channel north of the site area shall
only be conducted within non-breeding season of Little Grebe, which is November
to March of a year unless with the prior written approval of the Director.
(c) In the event of
retaining structures and/ or slope stabilization along the edge of the water channel
north of the site area are carried out, the Permit Holder shall submit the construction
methodologies for the Director’s
approval at least one month before the commencement of any construction works.
2.9 When the West
New Territories (WENT) Landfill Extension project is in operation, in order to
minimize the potential landfill gas hazard, site offices shall be raised clear of the ground with a separation
of at least 500mm and shall be provided with proper ventilation system to keep the air
within the confined area well ventilated.
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
approved EM&A Manual. Any changes to the EM&A requirements or programme shall
be justified by the ET Leader and verified by the IEC as conforming to the relevant requirements set out in the
EM&A Manual and shall seek the prior approval from the Director before
implementation.
3.2 Four hard copies
and one electronic copy of the Baseline Monitoring Report, shall be submitted to the Director at least one month before the commencement of decommissioning of the Project. The
submissions shall be certified by the ET Leader and verified by the IEC as
complying with the relevant requirements as
set out in the approved EM&A Manual
before submission to the Director. Additional copies of the submission shall be
provided upon request by the Director.
3.3 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. 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 relevant requirements as set out in sections in the approved EM&A Manual before submission to the
Director. Additional copies of the submission shall be provided upon request by
the Director.
3.4 All environmental
monitoring and audit results submitted under this Permit shall be true, valid
and correct.
3.5 Any necessary remedial
measures and actions as described in the approved EM&A Manual shall be fully and properly carried
out, in accordance with the time frame(s) set out in the approved EM&A Manual, or as agreed by the
Director.
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 4.0 or later), unless otherwise agreed by the Director and shall be
submitted at the same time as the hard copies as described in Conditions 3.2
and 3.3 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 format unless otherwise agreed by the Director. The
content of the electronic copies of these Reports must be the same as the hard
copies.
Notes :
1. This
Permit consists of three parts, namely, PART A (Main
Permit), PART B (Description of Designated Project) and PART C (Permit Conditions). Any person relying on this permit
should obtain independent legal advice on the legal implications under the
Ordinance, and the following notes are for general information only.
2. If
there is a breach of any conditions of this Permit, the Director or his
authorized officer may, with the consent of the Secretary for the Environment,
order the cessation of associated work until the remedial action is taken in
respect of the resultant environmental damage, and in that case the Permit
Holder shall not carry out any associated works without the permission of the
Director or his authorized officer.
3. The
Permit Holder may apply under Section 13 of the Environmental Impact Assessment
Ordinance (the “Ordinance”) to the Director for a variation of the conditions
of this Permit. The Permit Holder shall replace the original permit displayed
on the Project site by the amended permit.
4. A
person who assumes the responsibility for the whole or a part of the Project
may, before he assumes responsibility of the Project, apply under Section 12 of
the Ordinance to the Director for a further environmental permit.
5. Under
Section 14 of the Ordinance, the Director may with the consent of the Secretary
for the Environment, suspend, vary or cancel this Permit. The suspended, varied or cancelled
Permit shall be removed from display at the Project site.
6. If
this Permit is cancelled or surrendered during decommissioning 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 decommission a designated project listed in Part II of Schedule 2
of the Ordinance without a valid environmental permit.
7. Any
person who decommissions 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.
10.
Occupational
health and safety issues are governed by Occupational Safety and Health
Ordinance (Cap. 509) and Factories and Industries Undertaking Ordinances (Cap.
59). The Permit Holder is advised
to contact Labour Departments for requirements relating to occupational safety
and health issues.
Environmental
Permit No. EP-497/2015
環境許可證編號EP-497/2015
| Figure 1 |
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