Environmental Permit No. FEP-01/028/1999/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
SECTION 10 & 12
ENVIRONMENTAL PERMIT TO OPERATE
A DESIGNATED PROJECT
Pursuant to Section 10 & 12 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this environmental permit to the Drainage Services Department (hereinafter referred to as the “Permit Holder”) to 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:
- Final Report ( June 1998) [hereinafter referred to as the "EIA Report"] and
- Environmental Monitoring and Audit Manual (June 1998) [hereinafter referred to as the " EM&A" Manual ]
白 石 角 發 展 ─ 環 境 影 響 評 估 (登 記 卌 編 號 ： EIA-001/1998)
- 終 期 報 告 (1998年 6月 ) [下 稱 環 評 報 告 ]， 以 及
- 環 境 監 察 及 審 核 手 冊 (1998年 6月 )。
Application for environmental permit submitted by the Permit Holder on 27 May 1999 (Application No. AEP-028/1999).
Environmental Permit issued on 24 June 1999 (Permit No. EP-028/1999).
Application for Variation of Environmental Permit including all attachments submitted by permit holder on 6 September 2000 (Application No. VEP-026/2000) for designated project.
Environmental Permit Issued - Permit No: VEP-026/2000/A/EP-028 issued on 3 October 2000.
發出環境許可證 - 於
Application for Further Environmental Permit dated
30 October 2009
2009年 10月30 日
for Director of Environmental Protection
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
[This designated project is hereafter referred to as “the Project”]
of Designated Project
Location of Designated Project
The location of the Project is shown in Figure 1 of this Permit.
Scale and Scope of Designated Project
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), Waste Disposal Ordinance (Cap. 354) and Dumping at Sea Ordinance (Cap. 466). 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 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 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 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 operated in accordance with the information and recommendations described in the EIA Report [Register No. AEIAR-001/1998]; the application documents (Application No. AEP-028/1999, VEP-026/2000 & FEP-094/2009); 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.
2. Special Conditions
2.1 To minimize the noise and odour impact during operation of the Project, the activated carbon deodourization units with a forced ventilation system shall be maintained and operated in accordance with the operation and maintenance manual as attached in Appendix 1.
2.2 To minimize the noise and odour impacts during operation of the Project, the layout of pump wells, sewage pumps and screening facilities of the pumping station including deodourization units shall be maintained as shown in Figure 2 to Figure 9 of this Permit.
2.3 To minimize emergency sewage bypass during operation of the Project, one standby pump and screen in good working conditions and dual power supply shall be maintained. A telemetry system to transmit signals showing irregularity or operational problem of the pumping station to the Shatin Sewage Treatment Works shall be operated at all times.
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.