Environmental Permit No. EP-103/2001/C
ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE
ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE A DESIGNATED PROJECT
Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (the Ordinance), the Director of Environmental Protection (the Director) granted the Environmental Permit to MAJOR WORKS PROJECT MANAGEMENT OFFICE, HIGHWAYS DEPARTMENT (hereinafter referred to as the "Permit Holder") on 17 September 2001. Pursuant to Section 13 of the Ordinance, the Director amends the Environmental Permit (EP-103/2001/B) based on the Application No. VEP-180/2005. The amendments, described below, are incorporated into this Environmental Permit (EP-103/2001/C). This Environmental Permit as amended is for the construction and operation of the designated project(s) described in Part B of this Permit subject to the conditions described in or attached to Part C of this Permit.
根 據 環 境 影 響 評 估 (條 例 )第 10條 的 規 定 ﹐ 環 境 保 護 署 署 長 (署 長 ) 於 2001年 9月 17日 將 環 境 許 可 證 (EP-103/2001) 批 予 路 政 署 主 要 工 程 管 理 處 (下 稱 "許 可 證 持 有 人")。 根 據 條 例 第 13條 的 規 定 ， 署 長 因 應 更 改 環 境 許 可 證 的 申 請 編 號 VEP-180/2005 修 訂 環 境 許 可 證 編 號 EP-103/2001/B。 以 下 修 訂 已 包 含 在 本 環 境 許 可 證 內 (EP-103/2001/C)。 本 經 修 訂 的 環 境 許 可 證 作 為 建 造 及 營 辦 本 許 可 證 B部 所 說 明 的 指 定 工 程 項 目 ， 但 須 遵 守 本 許 可 證 C部 所 說 明 或 附 載 的 條 件 。
The issue of this amended environmental permit is based on the documents, approvals or permissions described below:
Document in the Register :
(1) Route 16 Investigation Assignment
- Environmental Impact Assessment Final Assessment Report (January 1998) (Register No. EIA-135/BC) [Hereinafter referred to as the “1998 EIA Report”]
- Environmental Monitoring & Audit Manual (January 1998) [Hereinafter referred to as the “1998 EM&A Manual”]
- 《環境影響評估最終評估報告》 (1998年1月) (登記冊編號: EIA-135/BC) [下稱「1998年環評報告」]
- 《環境監察及審核手冊》(1998年1月) [下稱 「1998年環監手冊」]
Document in the Register :
(2) Route 16 Investigation Assignment
- Alternative Alignment Environmental Impact Assessment Final Assessment Report (August 1999) (Register No. AEIAR-022/1999) [Hereinafter referred to as the “1999 EIA Report”]
- Environmental Monitoring & Audit Manual (August 1999) [Hereinafter referred to as the “1999 EM&A Manual”]
The Director’s letter of approval of the 1999 EIA Report dated 5 November 1999 ref (25) in Ax(1) to EP2/N1/A/24 Pt.3
- 《替代路線 — 環境影響評估最終評估報告》(1999年8月) (登記冊編號 AEIAR-022/1999) [下稱「1999年環評報告」]
- 《環境監察及審核手冊》(1999年8月) [下稱「1999年環監手冊」]
署長於1999年11月5 日發出批准1999年環評報告的信件(檔號(25) in Ax(1) to EP2/N1/A/24 Pt.3)
(3) Application documents including all attachments submitted by the Permit Holder on 20 August 2001 [Hereinafter referred to as the “the Application”]
(3) 許可證持有人於 2001年8月20日提交的申請文件，包括所有的附件 [下稱 「申請書」]
(4) Environmental Permit issued – Permit No.: EP-103/2001 issued on 17 September 2001.
(4) 已簽發的環境許可證 — 許可證編號：EP-103/2001於2001年9月17日簽發。
(5) Application for Variation of an Environmental Permit No. VEP-094/2003. [Hereafter referred to as “the Application VEP-094/2003”]
(6) Environmental Permit issued – Permit No.: EP-103/2001/A issued on 20 May 2003.
(6) 已簽發的環境許可證 — 許可證編號：EP-103/2001/A於2003年5月20日簽發。
(7) Application for Variation of an Environmental Permit No. VEP-165/2005. [Hereafter referred to as “the Application VEP-165/2005”]
(8) Environmental Permit issued – Permit No.: EP-103/2001/B issued on 22 March 2005.
(8) 已簽發的環境許可證 — 許可證編號：EP-103/2001/B於2005年3月22日簽發。
(9) Application for Variation of an Environmental Permit No. VEP-180/2005. [Hereafter referred to as “the Application VEP-180/2005”]
Date of Application
List of Amendments Incorporated into this Environmental Permit
Date of Amendment
24 April 2003
- - Vary Condition 3.1 in Part C of the Environmental Permit EP-103/2001
- Vary Figure 2 of the Environmental Permit EP-103/2001
- 更改環境許可證編號 EP-103/2001 C部條件第3.1項條件
- 更改環境許可證編號 EP-103/2001的圖2
20 May 2003
23 February 2005
- Vary Condition 3.1 in Part C of the Environmental Permit EP-103/2001/A
- 更改環境許可證編號 EP-103/2001/A C部條件第3.1項條件
22 March 2005
23 June 2005
- Vary Condition 3.1 in Part C of the Environmental Permit EP-103/2001/B
- Vary Figure 5 of the Environmental Permit EP-103/2001/B
- Add Figure 6 to Environmental Permit EP-103/2001/B
- 更改環境許可證編號 EP-103/2001/B C部條件第3.1項條件
- 更改環境許可證編號 EP-103/2001/B的圖5
- 在環境許可證編號 EP-103/2001/B加入圖6
22 July 2005
22 July 2005
(Louis P. L. CHAN)
Acting Principal Environmental Protection Officer
For Director of Environmental Protection
Hereunder is the description of the designated project mentioned in Part A of this environmental permit :
Title of Designated Project
Route 9 between Cheung Sha Wan and Sha Tin – Main Portion [This designated project is hereinafter referred to as “the Project”]
九號幹線長沙灣至沙田段 – 主要路段 [本指定工程項目下稱「工程項目」]
Nature of Designated Project
Construction and operation of a section of a dual 3-lane trunk road.
Location of Designated Project
From Cheung Sha Wan to Sha Tin. The location of the Project is shown in Figure 1 of this Environmental Permit.
Scale and Scope of Designated Project(s)
Construction & operation of建造及營辦
(a) All civil works (including highways, traffic, geotechnical, drainage, structural, architectural and landscaping works) for the Lai Chi Kok Viaduct, the interchange with Ching Cheung Road, the main road within Butterfly Valley and the Eagle’s Nest Tunnel;
(b) All E&M works (including ventilation, Traffic Control & Surveillance System (TCSS), toll collection system and lighting) for the whole Route 9 between Cheung Sha Wan and Sha Tin;
(c) the permanent slope works above the northern portal of the Eagle’s Nest Tunnel; and
(d) the architectural works (including fitting out and finishings) of the portal buildings of the Sha Tin Heights Tunnel.
1. General Conditions
1.1 The Permit Holder shall ensure full compliance with all conditions of this environmental permit. Any non-compliance 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), the 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 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 the site(s) of the construction, operation and/or decommissioning of the Project and should mean the same hereinafter.
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 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.
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 1998 EIA Report (Register No. EIA-135/BC), the 1999 EIA Report (Register No. AEIAR-022/1999), the 1998 EM&A Manual, the 1999 EM&A Manual, and other relevant documents in the Register; the information and mitigation measures described in this Permit, and 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 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. All submissions or any variation of the submissions shall be verified by the Independent Environmental Checker (IEC) referred to in Condition 2.1 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 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 date of 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 Environmental Impact Assessment Ordinance Register Office (currently at 27/F, Southorn Centre, 130 Hennessy Road, Wanchai, Hong Kong). The Permit Holder shall make copies of this permit available at all times for inspection by the Director at all the sites covered by this permit.
2. Submissions for the Construction of the Project
2.1 An Independent Environmental Checker (IEC) shall be employed no later than two months before the commencement of construction of the Project. The IEC shall have at least 7 years’ experience in environmental monitoring and audit (EM&A) or environmental management. The IEC shall be responsible for duties defined in the 1999 EM&A Manual, and shall audit the overall EM&A programme covered by the 1998 EM&A Manual and 1999 EM&A Manual (hereafter referred to as the two EM&A Manuals), including the implementation of all environmental mitigation measures, submissions relating to EM&A, 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.
2.2 An Environmental Team (ET) shall be established no later than 2 months before the commencement of construction of the Project. The ET shall be headed by the ET Leader who shall have at least 7 years’ experience in environmental monitoring and auditing (EM&A) or environmental management. The ET team and the ET Leader shall be responsible for duties defined in the 1999 EM&A Manual. 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 two EM&A Manuals.
2.3 The Permit Holder shall, within 4 weeks after commencement of construction of the Project, inform the Director in writing of 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.
2.4 The Permit Holder shall, at least 8 weeks before commencement of any construction work causing any loss of woodland or natural stream, submit to the Director for approval 3 sets of landscape proposals, including plans of scale 1 to 1000 or other appropriate scale as agreed by the Director. With a view to further minimizing ecological impacts, the proposals shall show the compensatory replanting areas for permanent woodland loss and reinstated areas for temporary woodland loss (with the size of compensation area clearly stated in hectares), as well as the recreated stream, and shall include an implementation programme for these works. The implementation programme shall clearly identify the responsibility for implementation, management and maintenance of landscape mitigation measures for these works. All measures recommended in the approved proposal(s) shall be fully implemented in accordance with the details and time schedule set out in the submission. No construction work causing any loss of woodland or natural stream shall commence without the approval of the proposals.
2.5 The Permit Holder shall, no later than 4 weeks after the commencement of construction of the Project, submit to the Director for approval three sets of Waste Management Plan for the construction stage of the Project. The Plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the 1998 EIA Report, 1999 EIA Report, and the Application. The Plan shall describe the arrangements for avoidance, reuse, recovery and recycling, storage, collection, treatment and disposal of different categories of waste to be generated from the construction activities and shall include the recommended mitigation measures on waste management in the 1998 EIA Report, 1999 EIA Report, and the Application. Such a Plan shall include the designated areas for segregation and temporary storage of reusable and recyclable materials. All measures in the approved Plan shall be fully implemented throughout the construction period.
3. Measures for Construction and Operation of the Project
3.1 To mitigate the traffic noise impact arising from the Project, noise barriers/enclosures/semi-enclosures shall be constructed as shown in Figures 2, 3, 4, 5 and 6 in this permit, prior to the operation of the Project.
3.2 To mitigate water quality impact from tunneling work, the following mitigation measures shall be fully implemented for the tunneling work:
a. Temporary open storage of excavated materials shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials from the drill-and-blast tunneling work shall be diverted to the drainage system via appropriate sediment traps, to achieve a controlled release of storm flow, construction runoff, or wash water. The drainage system shall be designed in accordance with sections 188.8.131.52 to 184.108.40.206 of the 1999 EIA Report.
b. Ground water pumped out of tunnels shall be discharged into sediment traps to enhance deposition rates and to remove silt, before discharging into the drainage channels of the drainage system.
3.3 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.
3.4 To mitigate ecological impact during construction, the following measures shall be fully implemented:
a. Stream sedimentation during construction should be prevented by erection of sediment barriers and operation of stilling ponds in the streams for all freshwater streams within the Project limit.
b. All measures recommended in the approved landscape proposal(s) under Condition 2.4 above shall be fully implemented in accordance with the details and time schedule set out in the submission.
c. For construction sites within Butterfly Valley, fences shall be erected along the boundary of the construction sites before commencement of works, to prevent tipping, vehicle movements, and encroachment of personnel into adjacent wooded areas, particularly near the two rare/protected plant species (location see Figure 7.4a of the 1999 EIA Report).
3.5 In accordance with the implementation schedule of the 1999 EIA Report:
a. Construction activities shall be suspended during delivery and unloading of chlorine at Tai Po Road Water Treatment Works (WTW), i.e. construction workers shall be evacuated to a minimum distance of 500m from the chlorine store (if outdoors) or to a place of safety indoors (ie a toxic refuge, see the implementation schedule of the 1999 EIA Report for definition) during the movement of the chlorine truck along the access road at Tai Po Road WTW and during the drum loading/unloading operation.
b. Construction activities within 100 metres of the chlorine store at Tai Po Road WTW, including activities within the Eagle's Nest tunnel up to a distance of 200m from the portal and activities within 200m of the access road to Shek Lei Pui WTW, shall be restricted to day-time only (7am-7pm) with a maximum of 30 workers. An increased number of workers could be tolerated at correspondingly reduced working hours, e.g. 60 workers for 6 hours each day. Construction activities within 500m of the chorine store at Tai Po Road WTW should also be restricted to day-time only with a maximum of 70 workers (or equivalent at reduced working hours). Facilities such as workshops, offices etc shall be located beyond 500m from the chlorine store at Tai Po Road WTW.
4. Environmental Monitoring and Audit requirements during Construction of the Project
4.1 An EM&A programme shall be implemented as set out in the two EM&A Manuals. Any change to the programme shall be justified by the IEC as conforming to the requirements set out in the two EM&A Manuals and information contained in the 1998 EIA Report, 1999 EIA Report and the Application, before submission to the Director for approval.
4.2 Samples and measurements shall be taken in accordance with the requirements of the two EM&A Manuals by:
a) conducting baseline environmental monitoring as set out in the two EM&A Manuals; and
b) conducting impact monitoring as set out in the two EM&A Manuals.
4.3 The remedial actions described in the Event/Action Plans of the two EM&A Manuals shall be fully and properly carried out, in accordance with the time frames(s) set out in the Event/Action Plans, or as agreed by the Director.
4.4 Records of measurements and remedial actions taken under Conditions 4.2 and 4.3 respectively of this Permit shall be logged and kept, within 3 working days of the collection of data or completion of remedial action, for the purpose of preparing and submitting the EM&A Reports and making the information available for inspection on site.
4.5 Two hard copies and one soft copy of the Baseline Monitoring Report shall be submitted to the Director no later than 2 weeks before the construction of the Project. The submission shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
4.6 One hard copy and one soft copy of monthly EM&A Report shall be submitted to the Director within 2 weeks after the end of the reporting month. The EM&A Reports shall include a summary of all noncompliance (exceedances) of the environmental quality performance limits (Action and Limit levels). The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director.
4.7 All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.
5. Environmental Monitoring and Audit Requirements during Operation of the Project
5.1 Monitoring of traffic noise during the operational phase shall be conducted in accordance with the 1999 EM&A Manual. Monitoring details and results, including the comparison between the measured noise levels and the predicted levels, shall be recorded in the Traffic Noise Monitoring Report. The Traffic Noise Monitoring Report shall be certified by the Permit Holder before three copies of the report are deposited with the Director, within one month after the completion of the monitoring.
5.2 The Permit Holder shall deposit with the Director 3 copies of an audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures recommended in the submission approved under Condition 2.4 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.
5.3 The Permit Holder shall deposit with the Director 3 copies of an audit report, certified by the ET Leader and verified by the IEC, demonstrating the satisfactory completion of the measures recommended in the submission approved under Condition 3.1 of this Permit. The audit report shall be deposited within 3 weeks after completion of the mitigation measures.
6. Electronic Reporting of EM&A Information
6.1 To facilitate public inspection of the Baseline Monitoring Report, monthly EM&A Reports, and the Traffic Noise Monitoring Report 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 Conditions 4 and 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.
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. 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.
3. A person who assumes the responsibility for the whole or a part of the designated project may, before he assumes responsibility of the designated project, apply under Section 12 of the Ordinance to the Director for a further environmental permit.
4. Under Section 14 of the Ordinance, the Director may with the consent of the Secretary for the Environment and Food, suspend, vary or cancel this Permit. The suspended, varied or cancelled Permit shall be removed from display at the construction site.
5. If this Permit is cancelled or surrendered during construction or operation 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.
6. Any person who constructs or operates 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.
7. 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.
8. 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-103/2001/C
Annex A (as referred to in Condition 3.3)
Measures to Mitigate Environmental Impacts due to Site Run-off and Other Potential Water Pollution During Construction
(a) Surface Runoff
(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 or at the locations agreed with the ET Leader. Rainwater pumped out from trenches or foundation excavations shall be discharged into silt removal facilities before discharge into storm drains.
(v) 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.
(vi) Sand and silt in the wash water from the wheel washing facilities, which ensure no earth, mud and debris are deposited on roads, shall be settled out and removed before discharging into storm drains. A section of the road between the wheel washing bay and the public road shall be paved with backfill to prevent wash water or other site runoff from entering public road drains.
(vii) Oil interceptors shall be provided in the drainage system and regularly emptied to prevent the release of oils and grease into the storm water drainage system after accidental spillage. The interceptor shall have a bypass to prevent flushing during periods of heavy rain.
(b) General Construction Activities
At all parts of all works areas and construction sites, and throughout the full duration of the construction contract(s), debris and rubbish on site shall be handled and disposed of to avoid entering the water column and causing water quality impacts. Temporary on-site storage of excavated materials from construction works shall be covered with tarpaulin or similar fabric during rainstorms. Any washout of construction or excavated materials should be diverted to the drainage system via sediment traps. Stockpiling of the excavated material shall be minimized by scheduling the construction programme in a way that one section of the alignment can be constructed and completed before the excavation works of the next section commence.