Environmental Permit No. EP-169/2003/A
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT
PART A (MAIN PERMIT)
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) grants the Environmental Permit (No. EP-169/2003) to the K. WAH MATERIALS LIMITD (hereinafter referred to as the "Permit Holder") on 12 June 2003. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit No. EP-169/2003 based on the Application VEP-103/2003. The amendments described below, are incorporated into this Environmental Permit (EP-169/2003/A). This Environmental Permit as amended is for the construction and operate the designated project described in Part B subject to the conditions specified in Part C.
Document in the Register
(1) “Cement Silos Addition Work in Tai Po Cement Depot – Environmental Impact Assessment Study Report (November 2002) (Register No. AEIAR-073/2003)” [Hereinafter referred to as the “EIA Report”]
(2) The Director’s letter of approval of the EIA report dated 13 May 2003 ref EP2/N5/K/34
(3) Application documents including all attachments submitted by the Permit Holder on 19 May 2003 (Application No. AEP-169/2003)
(4) The Environmental Permit No.EP-169/2003 issued on 12 June 2003
(5) Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 30 June 2003 (Application No. VEP103/2003)
Date of Application
List of Amendments Incorporated into this Environmental Permit
Date of Amendment
30 June 2003
Vary Figure 2 and Figure 3 attached to Environmental Permit No. EP-169/2003
25 July 2003
25 July 2003
(Mrs. Shirley S. L. LEE)
Acting Assistant Director
(Environmental Assessment and Noise)
for Director of Environmental Protection
PART B (DESCRIPTIONS OF DESIGNATED PROJECT)
Hereunder is the description of the designated project mentioned in Part A of this environmental permit (hereinafter referred to as the “Permit”):
Title of Designated Project
Cement Silos Addition Work in Tai Po Cement Depot
Nature of Designated Project
A cement works with a total silo capacity of 16,000 metric tones.
Location of Designated Project
Scale and Scope of Designated Project
Construction of three additional cement silos, each with a capacity of 2,500 metric tones and operation of a cement works with a total silo capacity of 16,000 metric tones.
[This designated project is hereinafter referred to as “the Project”]
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 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 defence against any proceedings instituted under any legislation or imply any approval under any legislation.
1.3 The Permit Holder shall make copies of this Permit together with all documents referred to in this Permit or the documents referred to in Part A of the Permit readily available at all times for inspection by the Director or his authorised officers at all sites/offices covered by this Permit. Any reference to the Permit shall include all documents referred to in the Permit and also the relevant documents in the EIA Ordinance Register Office.
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/or operationof 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 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 location. 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 location 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 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 recommendations described in the EIA Report (EIAO Register No. AEIAR-073/2003), 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 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 variations 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 EIA Ordinance (Cap. 499).
1.10 The Permit Holder shall release all finalized submissions, as required under this Permit, to the public by depositing copies in the EIA 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 The Permit Holder shall notify the Director in writing the commencement date of construction of the Project at least 1 month 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.
1.12 All submissions to the Director required under this Permit shall be delivered either in person or by registered mail to the EIA 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.
1.13 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. Measures During Construction of the Project
Measures to mitigate construction air impacts
2.1 An automatic watering system shall be installed at the site to spray water every 30 minutes to minimize dust impact.
2.2 Construction works of the Project shall only be allowed when the West Wing Concrete Batching Plant adjacent to the project site as shown in Figure 2 of this Permit is not in operation.
Measures to mitigate construction water quality impacts
2.3 To mitigate environmental impacts due to site runoff and other potential water pollution caused by construction activities, mitigation measures described in Annex A shall be fully implemented throughout the construction period.
Measures to mitigate construction noise impacts
2.4 When a drilling rig is in operation, a portable barrier shall be erected to block the line of sight from the drilling rig to the nearby residential development Beverly Hill in order to minimize construction noise impacts.
3. Measures During Operation of the Project
3.1 The maximum operational capacity of the Project shall remain at 3,200 metric tonnes per day.
3.2 There shall be no night-time operation for the Project from 2300 hour to 0700 hour during the operational stage of the Project.
Measures to mitigate operational noise impacts
3.3 Noise barriers of not less than 16 meters high erected from the ground level shall be installed at the cement unloading area as indicated in Figure 3 of this Permit prior to the operation of the Project. The noise barriers shall be continuous structures with no gap or opening.
Measures to mitigate landscape & visual Impacts
3.4 The height and shape of the additional cement silos shall be similar to those of the existing silos in order to be compatible with the existing baseline situation.
3.5 The additional cement silos shall be painted in non-reflective grey white, or other colour as agreed by the Director to match with the surroundings.
3.6 The noise barriers as specified under Condition 3.3 above shall be painted in deep green, or other colour as agreed by the Director in order to reduce the visual impact.
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 condition of this Permit, the Director or his authorized officer may, with the consent of the Secretary for the Environment, Transport and Works, 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 EIA Ordinance to the Director for a variation of the conditions of this Permit. The Permit Holder shall replace the original permit displayed on the Project site by the amended permit.
4. A person who assumes the responsibility for the whole or a part of the Project may, before he assumes responsibility of the Project, apply under Section 12 of the 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, Transport and Works, 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 a designated project listed in Part I of Schedule 2 of the Ordinance without a valid environmental permit.
7. 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.
8. 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.
9. 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. EP-169/2003/A
Annex A (as referred to in Condition 2.3)
Measures to Mitigate Environmental Impacts due to Site Run-off During Construction
(i) Surface run-off from the construction site shall be directed into adequately designed sand/silt removal facilities such as sand traps, silt traps and sediment basins before discharge into storm drains. Channels, earth bunds or sand bag barriers shall be provided on site to properly direct stormwater to such silt removal facilities.
(ii) Catchpits and perimeter channels shall be constructed in advance of site formation works and earthworks.
(iii) Silt removal facilities, channels and manholes shall be suitably maintained with the deposited silt and grit being removed at least once a week, and at the onset of and after each rainstorm to ensure that these facilities are functioning properly at all times.
(iv) Earthworks final surfaces shall be well compacted and the subsequent permanent work or surface protection shall be carried out immediately after the final surfaces are formed to prevent erosion caused by rainstorms. Appropriate intercepting channels shall be provided along the site boundary. Rainwater pumped out from trenches or foundation excavations shall be discharged into silt removal facilities before discharge into storm drains.
(v) Open stockpiles of construction materials (e.g. aggregates and sand) on site shall be covered with tarpaulin or similar fabric during rainstorms. Measures such as providing sand bag barriers shall be taken to prevent the washing away of construction materials, soil, silt or debris into any drainage system.
(vi) All generators, fuel and oil storage shall be within bunded areas. Drainage from the areas shall be connected to storm drains via a petrol interceptor.
Figure 1 | Figure 2 | Figure 3 | Annex A
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