Environmental Permit No. EP-506/2016
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ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

SECTION 10

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ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE

A DESIGNATED PROJECT

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PART A (MAIN PERMIT)

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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:

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Application No.

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AEP-506/2015

Document in the Register:

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(1) Project Profile ¡V ¡§Queen¡¦s Hill Sewage Pumping Station¡¨ (Register No. PP-529/2015)

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(2) The Director¡¦s letter of permission to apply directly for environmental permit dated 20 November 2015 (Ref.: (21) in EP2/N7/F/85)

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(3) Application for environmental permit submitted by the Permit Holder on 30 December 2015 (Application No. AEP-506/2015)

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                  22 January 2016

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Date

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(Terence TSANG)

Acting Principal Environmental Protection Officer

(Strategic Assessment)

    for Director of Environmental Protection

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PART B (DESCRIPTION OF DESIGNATED PROJECT)

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Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the ¡§Permit¡¨):

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Title of Designated Project

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Queen¡¦s Hill Sewage Pumping Station

[This designated project is hereafter referred to as ¡§the Project¡¨]

 

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Nature of Designated Project
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A sewage pumping station with an installed capacity of more than 2,000m3 per day and a boundary of which is less than 150m from existing / planned residential area and planned education institution (Item F.3(b) of Part I of Schedule 2 of the EIAO).

 

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Location of Designated Project

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The Project is near the junction of Sha Tau Kok Road and Lung Ma Road.

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The location of the Project is shown in Figure 1 of this Permit.

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Scale and Scope of Designated Project

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Construct and operate a sewage pumping station with capacity (average dry weather flow) of about 11,000m3 per day.

 

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PART C (PERMIT CONDITIONS)

 

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 Air Pollution Control Ordinance (Cap. 311), Waste Disposal Ordinance (Cap. 354), Water Pollution Control Ordinance (Cap. 358) and Noise Control Ordinance (Cap. 400). 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 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 in 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 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-529/2015); the application document  for environmental permit; other relevant documents in the Register; the information or 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 one month of the receipt of the Director¡¦s comments or otherwise as specified by the Director.

1.9       All submissions to 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).

 

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     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 hard copies.

 

1.12     The Permit Holder shall notify the Director in writing the commencement dates of construction and operation of the Project at least two weeks prior to the commencement of construction and operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement dates of the construction and operation.

 

1.13     For the purpose of this Permit, ¡§commencement of construction¡¨ does not include works related to site clearance and preparation, or other works as agreed by the Director.

 

2.         Special Conditions

 

            Submission or Measure to be Implemented Before Construction of the Project

 

            Submission for Land Contamination Assessment

 

2.1               Land contamination assessment to the two concerned sites shown in Figure 2 of this Permit shall be carried out when access to the sites is available and before the commencement of construction of the Project. The Permit Holder shall submit 5 hard copies and 1 electronic copy of the land contamination assessment submission(s) to the Director for approval. All recommendation(s) in the approved land contamination assessment submission(s) shall be implemented. No construction work shall be commenced before the approval of the land contamination assessment submission(s) by the Director.

 

Submissions or Measures to be Implemented before and during Operation of the Project

 

Odour Mitigation Measures

 

2.2       To minimize odour impact during operation of the Project, the following mitigation measures shall be implemented:

 

(i)                 the wet wells, inlet chamber and screen chambers shall be covered by reinforced concrete structure;

 

(ii)               A forced ventilation system fitted with deodourization (DO) unit shall be installed with at least 95% odour removal efficiency for treatment of exhaust air before discharging, and shall be discharged at a direction away from the nearby air sensitive receiver (i.e. A1 ¡V the Ming Yiu Yuen) as shown in Figure 1 of this Permit.

 

            Noise Mitigation Measures

 

2.3       To minimize noise impact during operation of the Project, the following mitigation measures shall be implemented:

 

(i)                 all the fixed plant equipment shall be housed inside reinforced concrete structure with soundproof door;

 

(ii)               silencers or other acoustic treatment equipment shall be installed at the outlet of the air extraction fans.

 

Submission of Noise Compliance Test Report

 

2.4       At least two months before commencement of operation of the Project, 5 hard copies and 1 electronic copy of Noise Compliance Test Report in demonstrating compliance with the noise criteria as described in the Project Profile (Register No.: PP-529/2015) shall be deposited to the Director. Any necessary measure(s) as recommended in the Noise Compliance Test Report shall be fully implemented.

 

            Avoidance of Emergency Sewage Overflow

 

2.5       The Permit Holder shall implement the following measures to minimize the chance of emergency sewage overflow discharge to the drainage system:

 

(i)                 Precautionary measures including standby pump and screen, twin rising mains system, backup power supply, spare volume of wet well and inlet chamber with holding capacity for at least 1 hour average dry weather flow (i.e. at least 458m3), alarm with telemetry system connecting to the Shek Wui Hui Sewage Treatment Works to signal emergency high water level in the wet well.

 

(ii)               Emergency sewage overflow shall be discharged to the existing sewer connected to the Sha Tau Kok Road (STKR) trunk sewerage system as shown in Figure 3 of this Permit. All overflow sewage shall be screened by bar screen (with clear spacing of about 25mm) before discharge to prevent the discharge of floating solids into receiving waterbodies.

 

            Submission of Landscape Plan

 

2.6       The Permit Holder shall deposit 5 hard copies and 1 electronic copy of landscape plan at least one month before the commencement of the landscape treatment works of the Project. The landscape plan shall include:

 

(i)                 a tree preservation proposal and exploration of alternative mitigation measures, such as native broadleaf trees and / or mixed with palm trees instead of single palm trees planting, to minimize the possible visual impact of the Project;

 

(ii)               the design details, confirmation of the feasibility for proposed planting, locations, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1,000 or other appropriate scale as agreed with the Director, of the landscape and visual mitigation measures of the Project.

 

All landscape and visual mitigation measures shall be properly implemented and maintained for the Project in accordance with the deposited landscape plan. The Permit Holder shall make available additional copies of landscape plan to the Director upon request.

 

 


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 EIAO, and the following notes are for general information only.

         

2.         If there is a breach of any condition 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 EIAO 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 EIAO to the Director for a further environmental permit.

 

5.         Under Section 14 of the EIAO, 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 EIAO before the Project could be continued.  It is an offence under Section 26(1) of the EIAO to construct or operate a designated project listed in Part I of Schedule 2 of the EIAO 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 EIAO, 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 EIAO 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 EIAO for details and seek independent legal advice.

 

Environmental Permit No. EP-506/2016

Àô¹Ò³\¥iÃÒ½s¸¹  EP-506/2016

Figure 1 | Figure 2 | Figure 3 |


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