Environmental Permit No. FEP-01/474/2013

                                                     Àô¹Ò³\¥iÃÒ½s¸¹FEP-01/474/2013

 ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10 & 12

 

 

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FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE PART OF A DESIGNATED PROJECT

 

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PART A (MAIN PERMIT)

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Pursuant to Section 10 and 12 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants this further environmental permit to the Drainage Services Department (hereinafter referred to as the "Permit Holder") to construct and operate the part 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:

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Application No.

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FEP-152/2014

 

Document in the Register:

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(1)  North East New Territories New Development Areas (Register No.: AEIAR-175/2013)

-  Environmental Impact Assessment Report (April 2013) [hereinafter referred to as the "EIA Report"]

-  Environmental Monitoring and Audit Manual (April 2013) [hereinafter referred to as the ¡§EM&A Manual¡¨]

 

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(2)  The Director¡¦s letter of approval of the EIA Report dated

18 October 2013 (Reference: (45) in EP2/N7/S3/57 Pt.3)

     

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 (3)  Documents attached to the Application for Environmental Permit submitted by the Permit Holder on 23 October 2013 (Application No.: AEP-474/2013)

[Hereinafter referred to as the "Application"]

 

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(4) Environmental Permit issued ¡V Permit No.: EP-474/2013 issued on 21 November 2013

 

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(5) Application for Further Environmental Permit including all attachments submitted on 3 January 2014 (Application No.: FEP-152/2014)

 

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           23 January 2014

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Date

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(Maurice K.L. YEUNG)

Principal Environmental Protection Officer

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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Shek Wu Hui Sewage Treatment Works - Further Expansion Phase 1A

[Hereinafter referred to as "the Project"]

 

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Nature of Designated Project

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Sewage treatment works with an installed capacity of 15,000 m3 per day

 

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Location of Designated Project

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

 

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Scale and Scope of Designated Project

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The scope of the Project mainly includes:

 

(i)                 Construction of proposed treatment facilities to increase the treatment capacity of Shek Wu Hui Sewage Treatment Works by approximately 40,000m3/day with tertiary level treatment, with suitable allowance to cater for a further increase of treatment capacity by 20,000m3/day in Phase 1B under separate project; and

 

(ii)               Modification / upgrading of the existing facilities of Shek Wu Hui Sewage Treatment Works

 

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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), Noise Control Ordinance (Cap. 400) 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 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 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 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 descriptions in Part B of this Permit.

1.7         The Permit Holder shall ensure that the Project is designed, constructed and operated in accordance with the information and all recommendations described in the approved EIA Report (Register No. AEIAR-175/2013) as described in Part A of this Permit; the Director¡¦s letter of approval of the EIA Report dated 18 October 2013 referenced (45) in EP2/N7/S3/57 Pt.3; the Application for Environmental Permit (Application No. AEP-474/2013) and all attached documents submitted by the Permit Holder 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 ongoing 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 in this Permit.

1.8         All deposited submissions, as required under this Permit, shall be rectified and resubmitted in accordance with the comments, if any, made by the Director within one month of the receipt of the Director¡¦s comments or otherwise as specified by the Director.

1.9         All submissions, approved by the Director, all submissions deposited without comments by the Director, 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 the 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/or 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 date of construction of the Project no later than 8 weeks prior to the commencement of construction of the Project.  The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the construction.

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          Specific 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 by the Permit Holder no later than 6 weeks 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 submitted and approved under Condition 2.3 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 (Register No.: AEIAR-175/2013) 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 (Register No.: AEIAR-175/2013) 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 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 6 weeks before the 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 submitted and approved under Condition 2.3 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, within one working day of receipt of notification from the ET Leader of each and every change of circumstances or non-compliance with the recommendations of the EIA Report (Register No.: AEIAR-175/2013) 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 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.

Submission of Updated Environmental Monitoring and Audit Manual

2.3         The Permit Holder shall update the EM&A Manual to include the latest EM&A requirements in accordance with the information and recommendations described in the EIA Report and by taking into account any specific site conditions that may be changed before the construction of the Project.  The Permit Holder shall, at least one month before the commencement of construction of the Project, deposit with the Director four hard copies and four electronic copies of the updated EM&A Manual.  Before submission to the Director, the updated EM&A Manual shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations described in the EIA Report (Register No. AEIAR-175/2013), and taking into account any specific requirements with respect to the latest site conditions of the Project.  All measures recommended in the updated EM&A Manual approved under this Condition shall be fully and properly implemented in accordance with the requirements and time schedule(s) set out in the updated EM&A Manual.  The EM&A Manual deposited under this Condition shall hereinafter be referred to as the ¡§updated EM&A Manual¡¨.

Management Organization of Main Construction Companies

2.4         The Permit Holder shall, no later than 2 weeks before the commencement of construction of the Project, inform the Director in writing the management organization of the main construction companies and/or any form of joint ventures associated with the construction of the Project. The information shall include at least an organization chart, names of responsible persons and their contact details.

Submission of Location Plans

2.5         The Permit Holder shall, no later than 2 weeks before the commencement of construction of the Project, deposit four hard copies and one electronic copy of location plan(s) of the Project with a scale of 1:1000 or other appropriate scale as agreed with the Director. The plans shall include the details the works boundaries, works areas, vertical and horizontal alignments of the roads and any other major facilities; and the locations of key environmental mitigation measures.

 

Submissions or Measures to be implemented during Construction of the Project

Submission of Landscape Plan

2.6         The Permit Holder shall, at least 6 weeks before the commencement of the corresponding parts of landscape and visual mitigation measures of the Project, deposit with the Director three hard copies and one electronic copy of landscape plan(s).  The landscape plan(s) shall show 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.  Before submission to the Director, the landscape plan(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations, including those described in the EIA Report (Register No. AEIAR-175/2013).  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 to the Director upon request.

 

Measures to mitigate Ecological Impacts

2.7         To minimise adverse impacts on habitats of ecological importance in the vicinity of the Project, 2m high solid dull green site barrier fences shall be erected around all active works areas, unless otherwise agreed with the Director.

 

Submissions or Measures to be implemented during Operation of the Project

Measures to mitigate Odour Impact

2.8         All odour emission sources shall be covered and the emission shall be delivered to deodorization facility prior to discharge.

2.9         The odour removal efficiency of the deodorization facility shall be at least 90%.

2.10     The discharge point of odour emission shall be at least 10m above ground with a minimum exit velocity of 10m/s, or otherwise as agreed with the Director.

Measures to Mitigate Water Quality Impacts

2.11     To prevent and minimize water quality impacts due to emergency discharge, standby unit with dual power supply, or back-up power should be provided in the design of the Project.

 

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 deposited under Condition 2.3 of this Permit.  Any change 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 updated EM&A Manual and shall seek the prior approval from the Director before implementation.

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

(i)            conducting baseline environmental monitoring;

(ii)          conducting impact monitoring;

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

(iv)        logging and keeping records of details of all parameters within 3 working days of the collection of data or completion of remedial action(s), for the purpose of preparing and submitting the monthly EM&A Reports and to make available for inspection on site.

 

3.3         Three hard copies and two electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before the commencement of construction of the Project.  The submissions shall be certified by the ET Leader and verified by the IEC as complied with the requirements as set out in the updated EM&A Manual before submission to the Director.  The ET Leader and IEC shall personally inspect the site within each reporting cycle prior to certification and verification of compliance of EM&A Reports. Additional copies of the submission shall be provided upon request by the Director.

3.4         Three hard copies and two electronic copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of each reporting month throughout the entire construction period.  The EM&A Reports shall include a summary of all non-compliance.  The submissions shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the updated EM&A Manual before submission to the Director.  Additional copies of the submission shall be provided to the Director upon request by the Director.

3.5         All EM&A data submitted under this Permit shall be true, valid and correct.

 

4          Electronic Reporting of EM&A Information

4.1         To facilitate public inspection of the Baseline Monitoring Report and Monthly 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/or in Portable Document Format (PDF version 1.3 or later), unless otherwise agreed by the Director and shall be submitted at the same time as the hard copies as described in Conditions 3.3 and 3.4 above 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/JEPG format unless otherwise agreed by the Director.  The content of the electronic copies of these Reports must be the same as the hard copies.

4.2         The Permit Holder shall set up a dedicated website and notify the Director in writing the internet address where the environmental monitoring and project data is to be placed within one month after the commencement of construction of the Project.  All environmental monitoring results described in Condition 4.1 above and all submissions required by this Permit shall be made available to the public via this dedicated website to be set up by the Permit Holder in the shortest time practicable, and in no event later than 2 weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director.  The Permit Holder shall maintain the dedicated website for public access of the environmental monitoring data and reports throughout the entire construction period and during the first 3 years of operation of the Project, or otherwise as agreed by the Director.

4.3         The internet website as described in Condition 4.2 above shall enable user-friendly public access to the monitoring data and project data including the EIA report, the environmental permit(s) and project profile of the Project.  The internet website shall have features capable of:-

 

(a)      providing access to all environmental monitoring data collected since the commencement of construction and all submissions under this permit;

(b)      searching by date;

(c)      searching by types of monitoring data; and

(d)     hyperlinks to relevant monitoring data after searching.

 

or otherwise as agreed by the Director.

 

 

 

Notes :

1.   This Permit consists of three parts, namely, Part A (Main Permit), Part B (Description of Designated Project) and Part C (Permit Conditions). Any person relying on this permit should obtain independent legal advice on the legal implications under the 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 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. FEP-01/474/2013

Àô¹Ò³\¥iÃÒ½s¸¹FEP-01/474/2013

Figure 1 |


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