Environmental Permit No. FEP-04/356/2009
環境許可證編號FEP-04/356/2009

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 and 12

 

環境影響評估條例

(第499章)

第10條及12條

 

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT

DESIGNATED PROJECT

 

建造指定工程項目的新的環境許可證

 

 

PART A (MAIN PERMIT)

A部 (許可證主要部分)

 

Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this further environmental permit to China State Construction Engineering (Hong Kong) Limited (hereinafter referred to as the "Permit Holder") to construct the designated project described in Part B subject to the conditions specified in Part C.  The issue of this further 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)第10條及12條的規定，環境保護署署長(署長)將本新的環境許可證批予中國建築工程(香港)有限公司(下稱 “許可證持有人”)，以建造B部所說明的指定工程項目，但須遵守C部所列明的條件。本新的環境許可證是依據下列文件、批准或許可而簽發：

 

 

 

Application No.

申請書編號

 

FEP-117/2010

 

Documents in the Register :

登記冊上的文件:

 

 

1.        Wan Chai Development Phase II and Central-Wan Chai Bypass (Register No.: AEIAR-125/2008)

-          Environmental Impact Assessment Report (December 2007)
[Hereinafter referred to as the “EIA Report”]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

-          Further information received from the Civil Engineering and Development Department on 11 March 2008, 9 April 2008 and 14 November 2008 under Section 8(1) of the EIAO

 

2.        The Director’s letter of approval of the EIA Report dated 11 December 2008 referenced (85) in EP2/H4/S3/15 Pt.2.

 

3.        Application for Environmental Permit and attachments submitted on 3 July 2009 (Application No.: AEP-356/2009)

 

4.        Environmental Permit issued – Permit No.: EP-356/2009 issued on 30 July 2009.

 

5.        Application for Further Environmental Permit and attachments submitted on 27 October 2010 (Application No.: FEP-117/2010)

 

 

1.  灣仔發展計劃第二期及中環灣仔繞道 (登記冊編號: AEIAR-125/2008)

·         環境影響評估報告 (2007年12月) [下稱「環評報告」]

·         環境監察審核手冊

·         行政摘要

·         土木工程拓展署根據條例第8(1)條於2008年3月11日、2008年4月9日及2008年11月14日所提交的進一步資料

 

2.        署長於2008 年12月11日發出批准環評報告的信件，檔案編號: (85) in EP2/H4/S3/15 Pt. 2

 

3.        於2009 年7 月3 日提交的環境許可證申請文件及附件(申請書編號: AEP-356/2009)

 

4.        已簽發的環境許可證 - 許可證編號 : EP-356/2009 於 2009年7 月30日簽發。

 

5.        於2010 年10 月27 日提交的新的環境許可證申請文件及附件(申請書編號: FEP-117/2010。 [下稱 “申請書編號 FEP-117/2010”]

 

 

 

 

 

 

 

 

 

 

22-11-2010

 

 

Date

日期

 

(YEUNG Wai Tak, Victor)

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)

 

 

 

 

 

 

 

 

 

 

PART B (DESCRIPTION OF DESIGNATED PROJECT)

B部 (指定工程項目的說明)

 

Hereunder is the description of the designated project 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:

 

Title of Designated Project

指定工程項目的名稱

 

Central - Wan Chai Bypass – Tunnel (Causeway Bay Typhoon Shelter Section) (Contract No. HY/2009/15) – Marine Works

– as part of the “permanent and temporary reclamation works including associated dredging works in Wan Chai Development Phase II (WDII) area” which is covered in the Environmental Permit No. EP-356/2009)  (i.e. part of the designated project referred to as “DP3” in the EIA Report)

 

(The designated project is hereafter collectively referred to as “the Project”)

 

中環灣仔繞道-隧道工程(銅鑼灣避風塘段)(合約編號:HY/2009/15)-海事工程

-  此工程為 “灣仔發展計劃第二期的永久及臨時填海工程(包括相聯挖泥工程)” 的一部份，受已簽發的環境許可證 - 許可證編號 : EP-356/2009的管制  (亦是環評報告內稱 “DP3” 指定工程項目的一部份)

 

(上述指定工程項目以下統稱“工程項目”)

 

Nature of Designated Project

指定工程項目的性質

 

The Project is a part of the designated project referred to as “DP3” in the EIA Report, which will involve:

(i)       reclamation works (including associated dredging works) more than 5 ha in size;

(ii)     dredging operations which are less than 100m from seawater intake points.

 

此工程項目是環評報告內稱 “DP3” 指定工程項目的一部份，涉及:

(i)       面積超過5公頃的填海工程(包括相聯挖泥工程);

(ii)     距離海水進水口少於100米的挖泥作業。

 

Location of Designated Project

指定工程項目的地點

 

 

ex-Wan Chai Public Cargo Working Area (ex-PCWA) and Causeway Bay Typhoon Shelter (CBTS).

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

 

前灣仔公眾貨物裝卸區及銅鑼灣避風塘

工程項目的地點展示於本許可證圖1a及圖1b內。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The scope of the Project mainly includes:

·          temporary reclamation works including associated dredging works at ex-PCWA and CBTS for the construction of the Central-Wan Chai Bypass (“CWB”), also known as “the Trunk Road” ;

·          removal of the temporary reclamation after the construction of the Trunk Road; and reinstatement of the ex-PCWA basin and the CBTS;

·          dredging works to remove the polluted and odorous sediments at south-west corner of the CBTS; and

·          other associated works.

 

 

工程項目的範圍主要包括:

·          在前灣仔公眾貨物裝卸區（“前公眾貨物裝卸區”）和銅鑼灣避風塘進行臨時填海工程(包括相聯挖泥工程)，以便建造中環灣仔繞道(“主幹道”)。

·          在主幹道建成後，清除臨時填海區，並回復前公眾貨物裝卸區內海灣和銅鑼灣避風塘原貌。

·          挖除銅鑼灣避風塘西南端受污染及有氣味的沉積物。

·          其他相關工程。

 

 

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 (Cap.499) and may become the subject of appropriate action being taken under the Ordinance.

1.2               The Permit Holder shall ensure full compliance with all legislation from time to time in force including, without limitation to, the Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), Dumping at Sea Ordinance (Cap. 466) and Waste Disposal Ordinance (Cap. 354).  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 this 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 Register.

1.4               The Permit Holder shall give a copy of this Permit to the person(s) in charge of the site(s) and ensure that such person(s) fully understands all conditions and all requirements incorporated by the Permit. The site(s) refers to site(s) of construction of the Project and shall mean the same hereafter.

1.5               The Permit Holder shall display conspicuously a copy of this Permit on the 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 this 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 the Project in accordance with the project description in Part B of this Permit (hereafter referred to as “the Project”).

1.7               The Permit Holder shall ensure that the Project is designed and constructed in accordance with the information and recommendations described in the approved EIA Report (Register No. AEIAR-125/2008), the Application for Environmental Permit (Application No. AEP-356/2009), the Environmental Permit No. EP-356/2009 issued on 30 July 2009, the Application for Further Environmental Permit (Application No. FEP-117/2010) and other relevant documents in the Register, the information and 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 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 Environmental Impact Assessment Ordinance (Cap.499). All submissions or any variation of the submissions shall be certified by the Environmental Team (ET) Leader and verified by the Independent Environmental Checker (IEC) referred to in Conditions 2.1 and 2.2 below before submitting to the Director under this Permit.

1.10            The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the Environmental Impact Assessment Ordinance Register Office, or in any other places, or any internet websites as specified by the Director, or by any other means as specified by the Director for public inspection. For this purpose, the Permit Holder shall provide sufficient copies of the submissions.

1.11            All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). Electronic copies of all finalized submissions required under this Permit shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 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 Director shall be notified in writing the commencement date of construction of the Project no later than one month prior to the commencement of construction of the Project. The Director shall be notified in writing immediately if there is any change of the commencement date of the construction. (see note 8)

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.

 

1.14            This Permit shall not remove the responsibility of Civil Engineering and Development Department and any person working on the marine works of Wan Chai Development Phase II and Central-Wan Chai Bypass Project (the “WDII&CWB project”) to comply with the conditions set out in Part C of the Environmental Permit No. EP-356/2009 or where applicable any subsequent environmental permit (EP) amended by the Director under the Ordinance.

 

2                    Special Conditions

Submissions or Measures to be implemented before Construction of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1               An Environmental Team (ET) shall be established 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 updated EM&A Manual of the Project approved under Condition 2.5 of 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 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 updated EM&A Manual of the Project approved under Condition 2.5 of this Permit 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. (see note 7)

2.2               An IEC shall be employed 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 updated EM&A Manual approved under Condition 2.5 of this Permit and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the updated 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 updated 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. (see note 7)

Environmental Project Committee (ENPC)

2.3               To oversee and facilitate effective control of the cumulative environmental impacts arising from potential multiple contracts for the construction of the entire Wan Chai Development Phase II (WDII) and Central-Wan Chai Bypass (CWB) (hereafter referred to as “the whole Project”), an Environmental Project Committee (ENPC) shall be set up before the commencement of construction of the earliest components of the whole Project.  Regular members of the ENPC will include:

(a)   the ET Leader;

(b)   the IEC; and

(c)   the permit holders of any environmental permit(s) and further environmental permit(s) for the whole Project.

 

The Community Liaison Group formed under Condition 2.4 of this Permit shall also work under the ENPC set-up to facilitate any necessary liaison works to address potential cumulative environmental impact issues arising from the whole Project. The ENPC shall make recommendation and update under Condition 2.5(a) of this Permit on how to enhance the monitoring and audit of the environmental performance of the whole Project on top of requirements as set out in Conditions 3.1 to 4.3 of this Permit or corresponding requirements set out under subsequent Environmental Permits issued for the whole Project. (see notes 7 and 8)

 

Community Liaison Group

2.4               A Community Liaison Group (CLG) comprising representatives from the relevant concerned and affected parties, including owners’ corporations, management offices, local committees and schools of affected areas, including the North Point and Tin Hau areas, shall be set up, to facilitate communication, enquiries and complaints handling on all environmental issues, including the follow up on the implementation of remedial mitigation measures.  The CLG shall be set up before the commencement of construction of the relevant component(s) of the WDII and CWB project. The Director shall be notified with the actual date of setting up the CLG, the membership, the terms of reference and the contact details.  A designated complaint hotline shall also be set up for the Project to address such concerns and complaints in an efficient manner. The detailed arrangements of the CLG shall be reported to the ENPC and its activities be reflected as update under Condition 2.5(a) of this Permit. (see notes 7 and 8)

Submission of Updated EM&A Manual

2.5               Four hard copies and one electronic copy of an updated EM&A Manual for the Project shall be submitted, no later than one month before the commencement of construction of the Project, to the Director for approval. The updated EM&A Manual shall:

(a)        make recommendations on how to take into account the ENPC and Community Liaison Group requirements as stipulated in Conditions 2.3 and 2.4 of this Permit respectively; and

(b)        include an enhanced water quality monitoring and audit programme to include monitoring of possible deterioration to avoid aggravation of odour nuisance from seawater arising from temporary reclamation in the ex-Wan Chai Public Cargo Working Area and the Causeway Bay Typhoon Shelter, and mechanism to propose and implement mitigation measure(s), if necessary, to improve the problems;

(c)        include a real-time on-site monitoring system of the noise level around the works sites at North Point and Tin Hau areas during the construction phase; and

(d)        take into account the latest works schedules, division of responsibilities among different contracts (if any) in the Project, and project information including the deletion of originally proposed temporary typhoon shelter as mentioned in Condition 2.10 of this Permit.

Before submission to the Director, the updated EM&A Manual shall be certified by the ET and verified by the IEC as conforming to the information and recommendations contained in the EIA Report (Register No: AEIAR-125/2008), the application documents for environmental permit including all attachments (Application No. AEP-356/2009) and other relevant documents in the Register.  All measures recommended in the updated EM&A Manual approved under this Condition shall be fully and properly implemented according to the requirements and time schedule(s) set out in the updated EM&A Manual approved under this Condition (hereinafter referred to as the “updated EM&A Manual”). (see note 8)

Management Organization of Main Construction Companies

2.6               The Permit Holder shall, no later than one month before the commencement of construction of the marine works covered by this Permit, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the marine works of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details. The management organization information submitted under this Condition shall contribute towards the relevant part of the ENPC and CLG that will be set up under Conditions 2.3 and 2.4 of this Permit. (see note 8)

 

Submission of Works Schedule and Location Plans

2.7               The dredging and reclamation works of the Project shall be carried out in stages. The Permit Holder shall deposit a detailed works schedule and location plans in the scale of 1:1,000 or other appropriate scale of the Project to the Director at least two weeks before the commencement of the marine works of the Project.  The schedule shall include an update works programme indicating dates of commencement of construction activities, dredging and filling works with reference to the sequence and locations as shown in Figure 2 of this Permit.  This schedule to be submitted shall govern the various milestones and anticipated schedule of submissions as reflected in Conditions 2.5, 2.8, 2.9, 2.18, 2.20, 2.21, 3.3, 3.4 and 4.2 of this Permit. (see note 8)

Submission of Silt Curtain Deployment Plan

2.8               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 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 approved EIA Report (Register No: AEIAR-125/2008). In particular, silt curtains shall be deployed around seawall dredging and seawall trench filling in reclamation shoreline zones, namely “Hong Kong Convention and Exhibition Centre” (HKCEC), “Wan Chai Reclamation” (WCR), Temporary Causeway Bay Reclamation” (TCBR), and “North Point Reclamation” (NPR), as shown in Figure 2 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 and filling works as recommended in the approved EIA Report (Register No: AEIAR-125/2008) and the relevant documents in the EIAO Register. The typical configuration of silt curtain is shown in Figure 3 for reference. All mitigation measures recommended in the silt curtain deployment plan shall be fully and properly implemented by the Permit Holder and any person working on the Project throughout the construction period. (see notes 8 and 9)

 

Submission of Silt Screen Deployment Plan

2.9               The Permit Holder shall liaise with the owners and the operators of the seawater intakes as shown in Table 1 of this Permit on details of silt screen installation, maintenance and removal at the seawater intakes. The indicative locations of the intakes are shown in Figure 4 and Figure 5 of this Permit for reference.  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. 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 approved EIA Report (Register No: AEIAR-125/2008) and liaison results with the owners and the 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 as presented in the finalised silt screen deployment plan. To avoid refuse entrapment and to ensure representative impact monitoring results, silt screens shall be maintained and refuse around them shall be collected at regular intervals on a daily basis so that water behind the silt screens be kept free from floating debris during the impact monitoring period. (see notes 8 and 9)

 

Measures and Submissions to be Implemented during Construction of the Project

 

Prohibition on Implementation of the Originally Proposed Temporary Typhoon Shelter

2.10            The originally proposed temporary typhoon shelter (referred to as “DP4” in the EIA Report) to the north of the existing Causeway Bay Typhoon Shelter shall not be implemented in accordance with the further information received from the Civil Engineering and Development Department (CEDD), the Holder of Environmental Permit (EP) No. EP-356/2009, on 14 November 2008 under Section 8(1) of the EIAO. (see note 9)

Measures to Mitigate Water Quality Impact

2.11            To reduce water quality impact due to the reclamation works, permanent and temporary reclamation works shall be carried out in stages to follow the sequences and locations of reclamation shoreline zones and subzones as shown in Figure 2 of this Permit. There are 5 reclamation shoreline zones in the marine works of the WDII&CWB project, namely “Hong Kong Convention and Exhibition Centre” (HKCEC), “Wan Chai Reclamation” (WCR), “Temporary Public Cargo Working Area Reclamation” (TPCWA), “Temporary Causeway Bay Reclamation” (TCBR), and “North Point Reclamation” (NPR); and each of the reclamation shoreline zones is subdivided into subzones as shown in Figure 2 of this Permit. (see note 9)

 

2.12            To mitigate water quality impact arising from dredging works:

(a)        the total dredging rates in each of the marine works zones, (i.e. marine works areas for the Cross Harbour Water Mains and Wan Chai East Submarine Sewage Pipelines; and the 5 reclamation shoreline zones as mentioned in Condition 2.11 of this Permit), shall not be more than the maximum daily and hourly production rates as stipulated in Table 2 of this Permit;

(b)        dredging shall be carried out by closed grab dredger(s) for the seawall construction in all the reclamation shoreline zones and subzones as shown in Figure 2 of this Permit; and

(c)        no more than one closed grab dredger shall normally be operated at the same time for seawall construction in each of the reclamation shoreline zones as shown in Figure 2 of this Permit.  In case two closed grab dredgers are required to work concurrently for seawall construction in the reclamation shoreline zones NPR, TCBR or TPCWA, the total maximum hourly and daily dredging rates as stipulated in Table 2 of this Permit for each of the reclamation shoreline zones shall be followed, closely monitored and reported in the monthly EM&A Reports as required in Condition 3.4 of this Permit.

(see note 9)

2.13            To mitigate the potential water quality impact on seawater intakes close to the dredging operation:

(a)        for constructing the reclamation shoreline subzones TCBR1W, TCBR1E, TCBR2, TCBR3 and TCBR4 within the Causeway Bay Typhoon Shelter (CBTS), initial seawall(s) of these reclamation shoreline subzones, except the temporary seawalls facing the Victoria Harbour, as shown in Figure 2 of this Permit, shall be partially constructed first to a height above the high water mark to protect the nearby seawater intakes at the inner waters before carrying out the remaining dredging activities within the corresponding subzones. (For example, at the reclamation shoreline subzone TCBR1W, the southern and eastern seawalls of TCBR1W shall be constructed first to a height above the high water mark, so that the seawater intakes at the inner waters would be protected from the impacts from the remaining dredging activities along the northern boundary of TCBR1W); and

(b)        following the same principle of protecting water quality at seawater intakes as outlined in Condition (a) above, for removal of temporary reclamation within each of the reclamation shoreline subzones in the CBTS, the temporary seawalls which were constructed first shall be removed last such that the nearby seawater intakes will be protected from the removal dredging of the temporary reclamation.

(see note 9)

2.14            To minimize loss of sediment affecting the water quality due to filling works:

 

(a)        the filling works for seawall construction shall be carried out behind silt curtain(s);

(b)        all filling works for permanent and temporary reclamation shall be conducted behind the seawalls which shall be completed to a height above the high water mark; and

(c)        any seawall gap that need to be provided for marine access shall be surrounded by silt curtain(s) as detailed in the finalised silt curtain deployment plan deposited under Condition 2.8 of this Permit.

(see note 9)

 

2.15            To allow tidal flushing to reduce water quality deterioration within the CBTS, water between the temporary reclamation and the permanent shoreline within the CBTS shall not be fully enclosed.

 

2.16            To minimise the duration of impact on the ex-PCWA basin and the CBTS, temporary seawall(s) and temporary reclamation(s) within the ex-PCWA basin and the CBTS shall be removed after completion of corresponding sections of works for the Trunk Road (CWB) in accordance with the works schedule submitted under Condition 2.7 of this Permit. The ex-PCWA basin and the CBTS shall be reinstated before the completion of the Project.

 

Removal of Odorous Sediment and Slime in Causeway Bay Typhoon Shelter (CBTS)

 

2.17            To reduce odour problem in the CBTS, the polluted and odorous sediment at the south-western corner area of the CBTS, as shown in Figure 1a of this Permit, shall be dredged and removed; and the slime attached on the seawall at the south-western corner area of the CBTS shall be removed.

 

2.18            Four hard copies and one electronic copy of a proposal for the removal of odorous sediment and slime attached on the shoreline seawall at the south-western corner area of the CBTS, as shown in Figure 1a of this Permit, shall be deposited with the Director before the commencement of the removal works. The proposal shall provide details of environmental mitigation measures including:

 

(a)                the dredging operation shall be restricted to only one small closed grab dredger to minimise the odour impact during the dredging activity;

(b)                double silt curtains shall be deployed to fully enclose the closed grab dredger during the dredging operation;

(c)                an impermeable barrier system to isolate the odorous sediment removal works area, suspended from a floating boom on the water surface and extended down to the seabed, shall be provided;

(d)                to minimize the odour impact during dredging on the Police Officers’ Club, the dredging rate shall be slowed down or be restricted to non-popular hours during weekdays; 

(e)                daily monitoring of suspended solids at the cooling water intakes shall be carried out, and 24 hour monitoring of turbidity at the intakes shall be implemented during dredging activities. The monitoring and audit details shall be included in the updated EM&A Manual to be approved under Condition 2.5 of this Permit.

Before submission to the Director, the proposal shall be certified by the ET and verified by the IEC as conforming to the relevant information and recommendations contained in the EIA Report (Register No: AEIAR-125/2008) in particular Sections 3.5.6 and 5.8.27 of the EIA Report.

 

Measures for Waste Management

 

2.19            The Permit Holder shall collect and remove floating refuse at regular intervals on a daily basis to keep the water within the site boundary and the neighbouring water free from floating refuse.

 

Measures to Mitigate Noise Impact

2.20            The Permit Holder shall deposit with the Director, at least two weeks prior to the commencement of construction of the corresponding component(s) of the Project, four hard copies and one electronic copy of noise management plan consisting of layout plan(s) in the scale of 1:1,000 or other appropriate scale and/or explanatory statement(s) showing the noise mitigation measures, such as movable/temporary noise barriers, use of quiet powered mechanical equipments and adoption of multiple-phase construction schedules, where appropriate, to be adopted. The submission(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in Sections 4.8 to 4.9 of the EIA Report (Register No. AEIAR-125/2008) before deposit to the Director. Measures covered by other pollution control Ordinances shall not be included in the noise management plan. (see note 8)

 

Measures to Mitigate Landscape and Visual Impact during Construction

2.21            To reduce the landscape and visual impact during construction stage of the Project, the Permit Holder shall, at least one month before the commencement of corresponding parts of landscape works of the Project, deposit with the Director four hard copies and one electronic copy of a landscape plan.  The landscape plan shall show the design details, locations, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1,000 or other appropriate scale of the landscape and visual mitigation measures of the Project as recommended in Section 10.8.14 and Table 10.5 of the approved EIA Report (Register No: AEIAR-125/2008). Before submission to the Director, the landscape 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. (see note 8)

 

 

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 updated EM&A Manual approved under Condition 2.5 of this Permit. Any major changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the updated EM&A Manual approved under Condition 2.5 of this Permit before submission to the Director for approval.  The EM&A programme shall include, among other items, the water quality, air quality and noise monitoring and audit during construction phases. The appropriateness to put in place a real-time on-site monitoring system of the noise level around the works sites at North Point and Tin Hau areas during the construction phase of the marine works shall be considered. (see notes 7 and 8)

 

3.2               Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the updated EM&A Manual by:

(a)          conducting baseline environmental monitoring;

(b)          conducting impact monitoring;

(c)          carrying out remedial actions described in Event/Action Plans of the updated EM&A Manual approved under Condition 2.5 of this Permit in accordance with the time frames set out in Event/Action Plans, or as agreed by the Director, in case where specified criteria in the updated EM&A Manual approved under Condition 2.5 of this Permit are exceeded; and

(d)          logging and keeping records of details of (a) to (c) above for all parameters within 3 working days of 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.

(see notes 7 and 8)

 

3.3               Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one month before commencement of construction of the Project. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request. (see note 8)

3.4               Four hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days after the end of each reporting month. The EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). In compiling this monthly EM&A Report, all relevant cumulative construction impact due to concurrent activities of the concurrent projects including the Central Reclamation Phase III, Central-Wan Chai Bypass and Island Eastern Corridor Link projects shall be addressed. The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director. (see notes 8 and 9)

3.5               All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct. (see notes 7 and 8)

 

 

4                    Electronic Reporting of EM&A Information

4.1               To facilitate public inspection of the Baseline Monitoring Report and regular EM&A Reports via the EIAO Internet Website and at the EIAO Register Office, electronic copies of these Reports shall be prepared in Hyper Text Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hardcopies 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 hardcopies. (see note 8)

 

4.2               A dedicated web site shall be set up with notification in writing to the Director of the Internet address where the environmental monitoring and project data is to be placed, within six weeks after the commencement of construction of the Project. All environmental monitoring data described in Condition 4.1 above shall be made available to the public via a dedicated web site to be set up in the shortest practicable time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. (see note 9)

4.3               The Internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring and project data including the approved EIA Report and the environmental permit(s) and the 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 works;

(b)               searching by date;

(c)               searching by types of monitoring data (noise, water and air quality); and

(d)               hyperlinks to relevant monitoring data after searching;

            or otherwise as agreed by the Director. (see note 9)

 

 

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(s) may, before he assumes responsibility of the designated project(s), 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 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.       Civil Engineering and Development Department (CEDD), the Holder of Environmental Permit (EP) No. EP-356/2009, is required under EP-356/2009, or any subsequent EP amended by the Director under the Ordinance

a.           to establish an Environmental Team (ET) which shall be headed by an ET Leader;

b.           to employ an Independent Environmental Checker (IEC);

c.           to set up an Environmental Project Committee (ENPC); and

d.           to set up a Community Liaison Group (CLG),

for the marine works of the WDII&CWB project.

 

8.       CEDD, the Holder of EP-356/2009 is required under EP-356/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)          to notify the Director in writing the commencement date of construction of the marine works of the WDII&CWB project;

(ii)        to notify the Director the date of setting up the ENPC;

(iii)       to notify the Director the date of setting up the CLG;

(iv)      to submit to the Director for approval the updated Environmental Monitoring and Audit Manual (updated EM&A Manual);

(v)        to inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the marine works;

(vi)      to deposit with the Director a detailed works schedule and location plans;

(vii)     to deposit with the Director a silt curtain deployment plan;

(viii)   to deposit with the Director a silt screen deployment plan;

(ix)      to deposit with the Director a noise management plan;

(x)        to deposit with the Director a landscape plan;

(xi)      to submit to the Director the Baseline Monitoring Report; and

(xii)     to submit to the Director the monthly EM&A Reports,

for the marine works of the WDII&CWB project.

 

All submissions or any variation of the submissions shall be certified by the ET Leader(s) and verified by the IEC before submitting to the Director.

 

9.   CEDD, the Holder of Environmental Permit EP-356/2009, is required under EP-356/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)          to implement the proposed water mains; the proposed sewage pipelines; the marine works at reclamation shoreline zones and subzones as shown in Figure 1 and Figure 2 of EP-356/2009 together with the relevant environmental mitigation measures;

(ii)        not to implement the originally proposed temporary typhoon shelter (referred to as “DP4” in the EIA Report) to the north of the existing Causeway Bay Typhoon Shelter in accordance with further information received from CEDD on 14 November 2008 under Section 8(1) of the EIAO; and

(iii)       to 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,

for the marine works of the WDII&CWB project.

10.  Any person who constructs 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.

 

11.  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.

12.  The Notes are for general reference only and that the Permit Holder should refer to the EIA       Ordinance for details and seek independent legal advice.

Environmental Permit No. FEP-04/356/2009

環境許可證編號  FEP-04/356/2009

Table 1:      Application of Silt Screens at Interim Construction Stages (based on Table 5.39 of the approved EIA Report (Register No. AEIAR-125/2008)

Interim Construction Stage

Locations of Applications of Silt Screens

Scenario 2A with concurrent dredging activities at reclamation shoreline zones, namely HKCEC, WCR, TPCWA, NPR and the marine works zone for the water mains

WSD saltwater intakes at Sai Wan Ho, Quarry Bay, Sheung Wan, Kowloon South, Wan Chai

Cooling water intakes for Hong Kong Convention and Exhibition Centre Extension, Hong Kong Convention and Exhibition Centre Phase I, Telecom House / HK Academy for Performing Arts / Shun On Centre, Wan Chai Tower / Revenue Tower / Immigration Tower and Sun Hung Kai Centre.

Scenario 2B with concurrent dredging activities at Sewage Pipelines Zone and reclamation shoreline zone TCBR

WSD saltwater intakes at Sheung Wan, Wan Chai.

Cooling water intakes for Queensway Government Offices. Excelsior Hotel & World Trade Centre and Windsor House.

Scenario 2C with concurrent dredging activities at reclamation shoreline zones namely HKCEC and TCBR.

WSD saltwater intakes at Sheung Wan and Reprovisioned WSD Wan Chai saltwater intake.

Cooling water intakes for MTR South, Excelsior Hotel & World Trade Centre and reprovisioned Windsor House.

Note:  This Table shall be read in conjunction with Condition 2.9 of this Permit.

The indicative locations of the marine work zones, including the 5 reclamation shoreline zones, and the seawater intakes are shown in Figures 1a, 2, 4 and 5 of this Permit respectively.

(see note 9)

 

 

Table 2:     Recommended Maximum Dredging Rates (based on Table 5.47 of approved EIA Report (Register No. AEIAR-125/2008)

Marine Works Zones

Maximum Dredging Rate

Daily rate / m3 per day

 

Hourly rate / m3 per hour

(for 16 hours per day)

Dredging in reclamation shoreline zones

 

North Point Reclamation (NPR)

6,000

375

Temporary Causeway Bay Reclamation (TCBR)

6,000

375

Temporary Public Cargo Working Area Reclamation (TPCWA)

5,000

313

Wan Chai Reclamation (WCR)

6,000

375

Hong Kong Convention and Exhibition Centre  (HKCEC)

HKCEC1, HKCEC3W and HKCEC3E subzones

1,500

94

HKCEC2W and HKCEC2E subzones

6,000

375

Dredging in other marine works zones along pipelines

Cross Harbour Water Mains

1,500

94

Wan Chai East Submarine Sewage Pipelines

1,500

94

Note:  This Table shall be read in conjunction with Conditions 2.12 to 2.13 and Figures 1a and 2 of this Permit. (see note 9)

| Figure 1a | Figure 1b | Figure 2 | Figure 3 |Figure 4 |Figure 5 |

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