Environmental Permit No. FEP-02/131/2002
環境許可證編號 FEP-02/131/2002
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
(CHAPTER 499)
環境影響評估條例
(第499章)
第10條及第12條
FURTHER
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT
建造及營辦指定工程項目的新的環境許可證
A部 (許可證主要部分)
Pursuant to Sections 10 and 12 of the
Environmental Impact Assessment Ordinance (the EIAO), the Director of
Environmental Protection (the Director) grants this Further Environmental
Permit to the ATAL Engineering Limited (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 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ATAL Engineering Limited (下稱“許可證持有人”)以建造及營辦B部所說明的指定工程項目，但須遵守C部所列明的條件。
本新的環境許可證的發出，乃以下表所列的文件、批准或許可作為根據﹕-
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Application No. 申請書編號 |
FEP-163/2015 |
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Document in the Register : 登記冊上的文件： |
(1)
Low-level
Radioactive Waste Storage Facility – Environmental Impact and Safety
Assessment (June 1995) (Register No. EIA-064/BC) [Hereinafter referred to as "the
Report"] (2)
Application
for an Environmental Permit on 14 March 2002 (Application No. AEP–131/2002) (3)
Environmental
Permit (Permit No.: EP-131/2002) issued on 11 April 2002 (4)
Application
for a Further Environmental Permit on 30 July 2003 (Application No. FEP-063/2003) (5)
Environmental
Permit (Permit No.: FEP-01/131/2003) issued on 26 August 2003 (6)
Application
for a Further Environmental Permit on 16 November 2015 (Application No. FEP-163/2015) (1)
低放射性廢物儲存設施(1995年6月) (登記冊編號 :
EIA-064/BC) 「下稱環境影響及安全評估報告」 (2)
於2002年3月14日申請之環境許可證(申請書編號:AEP-131/2002) (3)
於2002年4月11日發出的環境許可証編號
EP-131/2002 (4)
於2003年7月30日申請之新的環境許可証 (申請書編號: FEP-063/2003) (5)
於2003年8月26日發出的環境許可証編號 FEP-01/131/2003 (6)
於2015年11月16日申請之新的環境許可証 (申請書編號:
FEP-163/2015) |
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11 December 2015 2015年12月 11 日 |
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Date 日期 |
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(Lawrence K. K.
NGO) Acting Principal Environmental Protection Officer (Regional Assessment) for
the Director of Environmental Protection 環境保護署署長 (署理首席環境保護主任(區域評估)敖國強代行) |
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PART B (DESCRIPTIONS 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:
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Title of Designated Projects 指定工程項目的名稱 |
Low-level
Radioactive Waste Storage Facility 低放射性廢物儲存設施 |
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Nature of Designated
Projects |
A
waste disposal facility for industrial or special waste. 為工業廢物或特殊廢物而設的廢物處置設施 |
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Location of Designated Projects 指定工程項目的地點 |
The Low-level
radioactive storage facility is located at Sum Wan, Siu A Chau as shown in Figure 1 attached to this Permit. 低放射性廢物儲存設施位於小鴉洲的深灣如本許可証圖一所示 |
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Scale and Scope of Designated Project(s) 指定工程項目的規模和範圍 |
A
site of 0.6 ha constructed with a single storey building of approximately 44m
x 24 m in size. Scope of the construction includes: (i)
civil engineering works, (ii)
building works including
building services, and (iii)
operation of the facility 在0.6公頃工地內興建一座約面積約４４米X２４米的單層建築物。工程範圍包括： (i)
土木工程； (ii)
興建建築物包括有關使用設施； (iii)
該設施的營辦 |
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 the Noise Control Ordinance (Cap. 400), Air Pollution Control
Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), 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.
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 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(s) 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 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 construction site(s).
1.6
The Permit Holder shall construct and
operate the Project as described 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 EIA Report (Register No. EIA-064/BC); or mitigation measures described in this Permit, or
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, or 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 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.
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 for public inspection. For this purpose, the Permit Holder shall
provide sufficient copies of the submission.
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).
1.12
The Permit Holder shall notify the
Director in writing the commencement date of construction of the Project no
later than 4 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
preparations, or other works as agreed by the Director.
2. Specific
conditions
2.1
An Environmental Team (ET) shall be
established by the Permit Holder no later than one month before the
commencement of construction of the Project(s). The ET shall not be in any way
an associated body of the Contractor or the Independent Environmental Checker
(IEC) for the Project(s).The ET shall be headed by an ET Leader. The ET Leader
shall be a person who has at least 7 years' experience in environmental
monitoring and auditing (EM&A) or environmental management. The ET and the
ET Leader shall be responsible for the implementation of the EM&A programme
in accordance with the requirements as contained in the EM&A Manual. The ET
Leader shall keep a contemporaneous log-book of each and every circumstance or
change of circumstances which may affect the environmental impact assessment
and each and every non-compliance with the
recommendations of the EIA Report or this Permit. This 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
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 one month before the commencement of construction of the waste
storage building. The IEC shall not be in any way an associated body of the
Contractor or the ET for the Project(s). The IEC shall be a person who has at
least 7 years' experience in EM&A or environmental management. The IEC
shall be responsible for duties defined in the EM&A Manual and shall audit
the overall EM&A programme, including the implementation of all
environmental mitigation measures, submissions required in the EM&A Manual,
and any other submissions required under this Permit. In addition, the IEC
shall be responsible for verifying the environmental acceptability of permanent
and temporary works, relevant design plans and submissions under this Permit.
The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.
The IEC shall notify the Director by fax, within 24 hours of each and every
change of circumstances or non-compliance with the recommendations of the EIA
Report or this Permit, which might affect the monitoring or control of adverse
environmental impacts from the Project(s). In case the IEC fails to so notify
the Director of the same, fails to discharge the
duties of the IEC as defined in the EM&A Manual or fails to comply with
this Condition, the Director may require the Permit Holder by notice in writing
to replace the IEC. Failure to replace the IEC as directed or further failure
to so notify the Director despite employment of a new IEC may render the Permit
liable to suspension, cancellation or variation. Notification by the Permit
Holder is the same as notification by the IEC for the purpose of this
Condition.
2.3
No later than one month before commence of
construction, the Permit Holder shall deposit with the Director the detail
design of the LRWF. The Plan shall
be certified by the ET leader and verified by the IEC as conforming to the
information with respect to the radiological standards and safety principles
contained in Section 5.3 of the Environmental Impact and safety Assessment
Report (Register No. EIA-064/BC)
2.4
The Permit Holder shall, within 4 weeks
after 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
submitted information shall include at least an organization chart, names of
responsible persons and their contact details.
Monitoring of Environmental and Radiological Impact etc.
2.5
No later than one month before the commencement of
construction of the Project, the Permit Holder shall submit to the Director for
approval an EM&A Manual for the Project. Before submission to the Director,
the EM&A Manual shall be certified by the ET Leader and verified by the IEC
as conforming to the information and recommendations contained in the Environmental
Impact and Safety Assessment. The EM&A Manual shall include the latest
information of the EM&A programme for the ecological and water quality
monitoring during the construction and operation of the LRWF. All measures
recommended in the approved EM&A Manual shall be fully and properly
implemented in accordance with the requirements and time schedule(s) set out in
the EM&A Manual. The EM&A Manual approved under this Condition shall
hereinafter be referred to as the "EM&A Manual". The EM&A Manual shall include a
proposal for radiological monitoring as outlined in the Environmental Impact
and safety Assessment.
2.6
The Permit Holder shall restore the grassland and
low shrub habitat affected by the construction works with the use of native,
local grass and shrub species. Shotcrete shall not be used for re-establishment
of the cut slope behind the LRWF.
2.7
The Permit Holder shall operate the LRWF as dry
facility with no production of radioactive liquid effluent.
2.8
The Permit Holder shall use ventilated dry latrine
type toilets at the LRWF unless otherwise agreed by the Director.
2.9
The Permit Holder shall use electric powered
vehicles at the LRWF unless otherwise agreed by the Director.
2.10
The maximum building height shall not exceed 14 mPD.
2.11
The LRWF shall be an enclosed structure constructed
with reinforced concrete or structure steel frame of area about 44m by 24m and
with an elevation of 6.5m.
2.12
The LRWF shall be constructed with a sloping flat
tiled roof fitted with waterproofing materials. The column and the external
wall of the LRWF shall be wrapped with natural stone cradding to help integrate
the structure into the nature setting.
2.13
The hardstanding area of the LRWF shall be
constructed on the coastal side of the Facility.
2.14
The external surfaces of the LWRF shall be in
subdued colour to match with the surroundings before operation.
3.
Environmental
Monitoring and Audit (EM&A) during the Construction Period
3.1
The Permit Holder shall implement the EM&A
programme in accordance with the procedures and requirements in the EM&A
Manual. Any changes to the programme shall be justified by the IEC as
conforming to the requirements set out in the EM&A Manual and shall be
approved by the Director.
3.2
The Permit Holder shall take samples and
measurements in accordance with the requirements in the EM&A Manual by:
(a) conducting baseline monitoring on water quality, noise and
air quality as set out in the EM&A Manual;
(b) conducting impact monitoring on water quality, noise and air
quality as set out in the EM&A Manual;
(c) carrying
out remedial actions in accordance with the Event/Action Plans, as set out in
the EM&A Manual, in cases where specified criteria in the EM&A Manual
are exceeded; and
(d) logging
and keeping records of the details of (a) to (c) above for all parameters
except for construction noise, within 3 working days of the collection of data
or completion of remedial action(s), for the purposes of preparing and
submitting the monthly EM&A Reports and to make available the information
for inspection on site.
3.3
All environmental monitoring and audit data submitted
under this Permit shall be true and correct.
3.4
Two hard copies and one electronic copy of the
Baseline Monitoring Report shall be submitted to the Director at least 2 weeks
before the commencement of any construction works. The submissions shall be verified
and certified by the IEC. Additional copies of the submission shall be provided
to the Director upon request from the Director.
3.5
Two hard copies and one electronic copy of monthly
EM&A Report shall be submitted to the Director within 2 weeks after the end
of the reporting month. The submission shall be certified by the ET Leader and
verified by the IEC. Additional copies of the submission shall be provided to
the Director upon request from the Director.
3.6
The Permit Holder shall fully and properly carry out
actions described in the Event/Action Plans of the EM&A Manual, in
accordance with the time frame set out in the Event/Action Plans, or as agreed
by the Director.
4.
Electronic
Reporting of EM&A Information
4.1
To facilitate public inspection of the 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 hard copies as described in Condition 3.5 of
this Permit. For the HTML version, a content page capable of providing
hyperlink to each section and sub-section of these Reports shall be included in
the beginning of the document. Hyperlinks to all figures, drawings and tables
in these Reports shall be provided in the main text from where the respective
references are made. All graphics in these Reports shall be in interlaced GIF format
unless otherwise agreed by the Director. The content of the electronic copies
of these Reports must be the same as the hard copies.
4.2
All environmental monitoring results described in
Condition 4.1 above shall be made available to the public via internet access
in the shortest possible time and in no event later than 2 weeks after the
relevant environmental monitoring results are collected or become available,
unless otherwise agreed with the Director. The Permit Holder shall notify the
Director in writing, within 6 weeks after the commencement of works, the
internet address where the environmental monitoring data are to be placed. The
internet address and the relevant environmental monitoring results shall be
made available to the public via the EIAO Internet Website and the EIAO
Register Office.
4.3
The internet website as described in Condition 4.2
above shall enable user-friendly public access to the monitoring data with
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; and
(d)
hyperlinking 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(s)) 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 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 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 designated project(s) may, before he assumes responsibility of the
designated project(s), 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 operation or decommission 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 operate or decommission a designated project listed in Part I of
Schedule 2 of the EIAO without a valid environmental permit.
7.
Any person
who operates or decommissions 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-02/131/2002
| Figure 1 |
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