Environmental Permit No. EP-444/2012/A

環境許可證編號EP-444/2012/A

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Section 10

 

環境影響評估條例

(499)

10

 

ENVIRONMENTAL PERMIT TO CONSTRUCT AND OPERATE
A DESIGNATED PROJECT

建造及營辦指定工程項目的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Section 10 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) granted the environmental permit (EP-444/2012) to the MTR CORPORATION LIMITED (hereinafter referred to as the "Permit Holder") on 5 November 2012. Pursuant to Section 13 of the EIAO, the Director amends the Environmental Permit (EP-444/2012) based on the Application No. VEP-441/2014. The amendments, described below, are incorporated into this Environmental Permit (EP-444/2012/A). This Environmental Permit as amended is for the construction and operation of the designated project described in Part B of this permit subject to the conditions specified in Part C. The issue of this environmental permit is based on the documents, approvals or permissions described below:

 

根據《環境影響評估條例》(條例)第10條的規定,環境保護署署長(署長) 2012 11 5 將環境許可證 (編號EP-444/2012) 批予香港鐵路有限公司 (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-441/2014修訂環境許可證編號EP-444/2012。以下修訂已包含在本環境許可證內(EP-444/2012/A)。本經修訂的環境許可證作為建造及營辦本許可證B所說明的指定工程項目,但須遵守C所列明的條件。本環境許可證的發出,乃以下表所列的文件、批准或許可作為根據:

 

Application No.

申請書編號

VEP-441/2014

Document in the Register

登記冊上文件

(1) Project Profile – MTR Wan Chai Station Lee Tung Street Subway (Register No.: PP-472/2012)

        工程項目簡介灣仔站利東街行人隧道 (登記冊檔號: PP-472/2012)

 

(2) The Director’s letter of permission to apply directly for environmental permit dated 26 September 2012 [Ref.: (20) in EP2/H5/A/15)]

        署長於2012926發出批准直接申請環境許可證的信件 [檔案編號 : (20) in EP2/H5/A/15]

 

(3) Application for Environmental Permit submitted by the Permit Holder on 17 October 2012 (Application No. AEP-444/2012)

        許可證持有人於20121017提交的環境許可證申請 (申請書編號:AEP-444/2012)

 

(4) Environmental Permit issued – Permit No: EP-444/2012 issued on 5 November 2012

        已簽發的環境許可證 許可證編號﹕EP-444/20122012115日簽發.

 

(5) Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 12 June 2014 (Application No. VEP-441/2014).

        許可證持有人於2014612日提交的更改環境許可證申請文件包括所有附件 (申請書編號:VEP-441/2014)

 

Application No.

申請書編號

Date of Application

申請日期

List of Amendments Incorporated into this Environmental Permit

已包含在本環境許可證內修訂項目

Date of Amendment

修訂日期

VEP-441/2014

 

12 June 2014

2014612

 

Vary Condition 2.8 in Part C of Environmental Permit No. EP-444/2012.

更改環境許可證編號EP-444/2012 C 2.8項條件。

 

Amend Table 1.

更改表1

 

Amend Figure 2

.

更改 2

 

       July 2014

201407       

 

 

 

 

 

                          9 July 2014

                2014 7  9  

Date

日期

 

(Ken Y.K. Wong)

Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署署長

(首席環境保護主任 黃耀光 )

 


PART B  ( DESCRIPTIONS OF DESIGNATED PROJECT(S) )

B (指定工程項目的說明)

 

Hereunder is the description of the designated project(s) mentioned in Part A of this environmental permit :

下列為本環境許可證A所提及的指定工程項目的說明: 

       

Title of Designated Project(s)

指定工程項目的名稱

MTR Wan Chai Station Lee Tung Street Subway

[This designated project is hereinafter referred to as “the Project”]

灣仔站利東街行人隧道

[這指定工程項目下稱工程項目”]

 

Nature of Designated Project(s)

指定工程項目的性質

 

Construction and operation of the Project constituting material change to MTR Wan Chai Station of the Island Line

建造及營辦工程項目對港鐵港島綫的灣仔站構成實質改變

Location of Designated Project(s)

指定工程項目的地點        

The project is located between MTR Wan Chai Station and the redevelopment of the Lee Tung Street area (URA H15), underneath part of Southorn Playground and Johnson Road. The location of this Project is shown in Figure 1 attached to this Permit.

工程項目位於港鐵灣仔站及市區重建計劃H15區之間,沿修頓遊樂場及莊士敦道的下方進行。工程項目的位置見載於本許可證夾附的1

 

Scale and Scope of Designated Project(s)

指定工程項目的規模和範圍

Construction and operation of the following key elements:

 

(i)       A pedestrian subway of approximately 100 metres in length connects between MTR Wan Chai Station and URA H15;

(ii)     An integrated exit at URA H15;

(iii)   Modification works for the MTR Wan Chai Station;

(iv)   Ventilation facilities for the pedestrian subway.

 

建造及營辦以下的主要部份

 

(i)       一條連接港鐵灣仔站及市區重建計劃H15區之間,約100長的行人隧道;

(ii)     一個位於市區重建計劃H15區的綜合出入口;

(iii)   港鐵灣仔站的改造工程

(iv)   行人隧道的通風設施

 

 

 


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 Noise Control Ordinance (Cap. 400), Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358) 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 and 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 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 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’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 Project site(s).

           

1.6       The Permit Holder shall construct and operate the Project in accordance with the project description 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 Project Profile (Register No. PP-472/2012), the application documents for environmental permits, other relevant documents in the Register, and the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under on-going surveillance and monitoring activities during all stages of the Project. Where recommendations referred to in the documents of the Register are not expressly referred to in this Permit, such recommendations are nevertheless to be implemented unless expressly excluded or impliedly amended in this Permit.

 

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

 

1.13     For the purpose of this Permit, “commencement of construction” does not include works related to site clearance and preparation, or other works as agreed by the Director.

             

1.14     The Permit Holder shall notify the Director in writing the commencement date of operation of the Project no later than one month prior to the commencement of operation of the Project. The Permit Holder shall notify the Director in writing immediately if there is any change of the commencement date of the operation.

           

 

2.         Specific Conditions

           

Submissions or Measures before Commencement of 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 one month before the commencement of construction of the Project. The ET shall not be in any way an associated body of the Contractor or the Independent Environmental Checker (IEC) for the Project. The ET shall be headed by an ET Leader. The ET Leader shall be a person who has at least 7 years of experience in environmental monitoring and auditing (EM&A) or environmental management. The ET and the ET Leader shall be responsible for the implementation of the EM&A programme in accordance with the EM&A requirements as contained in the EM&A Plan in the Project Profile (Register No. PP-472/2012) of the Project. 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 Project Profile (Register No. PP-472/2012) 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 Project Profile (Register No. PP-472/2012) 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 Plan in the Project Profile (Register No. PP-472/2012) 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 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 EM&A Plan in the Project Profile (Register No. PP-472/2012) and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the EM&A Plan in the Project Profile (Register No. PP-472/2012), and any other submissions required under this Permit. In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.  The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.  The IEC shall notify the Director by fax, within one working day of receipt of notification from the ET Leader of each and every occurrence, change of circumstances or non-compliance with the Project Profile (Register No. PP-472/2012) and this Permit, which may affect the monitoring or control of adverse environmental impacts from the Project. In the case where the IEC fails to so notify the Director of the same, fails to discharge the duties of the IEC as defined in the EM&A Plan in the Project Profile (Register No. PP-472/2012) 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.

 

Management Organization of Main Construction Companies

 

2.3              The Permit Holder shall, no later than two 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 works of the Project. The submitted information shall include at least an organization chart, names of responsible persons and their contact details.

 

Measures to be Implemented Before and During Construction of the Project

 

Measures to Mitigate Construction Noise and Construction Dust Impacts

 

2.4              To minimize construction noise impact, when any item of powered mechanical equipments (PMEs) included in the list below is to be used, only the quiet type of the relevant PMEs with Sound Power Level (SWL) not exceeding the value as stipulated below shall be used:

 

(i)                 Breaker with SWL not exceeding 106dB(A)

(ii)               Circular Saw with SWL not exceeding 106dB(A)

(iii)             Concrete Lorry Mixer with SWL not exceeding 96dB(A)

(iv)             Concrete Pump Truck with SWL not exceeding 106dB(A)

(v)               Crane Lorry with SWL not exceeding 94dB(A)

(vi)             Excavator with SWL not exceeding 103dB(A)

(vii)           Lorry with SWL not exceeding 102dB(A)

(viii)         Pipe Piling Rig with SWL not exceeding 102dB(A)

(ix)             Poker with SWL not exceeding 98dB(A)

(x)               Road Roller with SWL not exceeding 101dB(A)

(xi)             Silent Piler Machine with SWL not exceeding 94dB(A)

(xii)           Truck with SWL not exceeding 103dB(A)

 

2.5              The following mitigation measures recommended in the Project Profile (Register No. PP-472/2012) shall be implemented to impede construction noise transmission from the PMEs listed below to noise sensitive receivers being protected:

 

(i)                 Movable noise barriers, with surface mass of at least 7 kg/m2, for breaker, circular saw, concrete pumping truck, excavator, grouting machine, pipe piling rig, poker, silent piler machine, crane lorry/ lorry, water pump, concrete lorry mixer, road roller and dump truck;

(ii)               Noise enclosures, with surface mass of at least 10 kg/m2, for air compressor and generator; and

(iii)             Silencer shall be installed for ventilation fan.

 

2.6              No explosive shall be used for excavation and tunnelling works of the Project.

 

Measures for Landscape and Tree Preservation

 

2.7              At least one month prior to the commencement of construction work, five hard copies and one electronic copy of a landscape plan shall be submitted to the Director for approval.  The landscape plan shall include detailed measures for protection of retained trees, compensatory tree planting and soft landscape treatment scheme for the two ventilation buildings.  The landscape plan shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the Project Profile (Register No. PP-472/2012).

 

2.8              Twelve trees shown in Figure 2 shall be retained, transplanted or felled in accordance with the recommendations made in Table 1 of this Permit.  To avoid impairing survival of the retained and transplanted trees during construction work, protective measures shall be carried out in accordance with the landscape plan as approved under Condition 2.7 of this Permit.

 

Measures to be Implemented Before and During Operation of the Project

 

Measure to Mitigate Operational Noise Impact

 

2.9              At least one month before commencement of operation of the Project, the Permit Holder shall carry out fixed plant noise audit and deposit with the Director four hard copies and one electronic copy of audit report showing that the design of the fixed plant noise sources associated with the Project complies with the maximum sound power levels specified in the Project Profile (Register No. PP-472/2012).  The audit report shall be certified by the ET Leader and verified by the IEC as conforming to the information and recommendations contained in the Project Profile (Register No. PP-472/2012).

 

Measure to Mitigate Operational Landscape and Visual Impacts

 

2.10          To mitigate operational landscape and visual impacts of the Project, the following measures shall be carried out:-

(i)             To re-instate the affected areas at Southorn Playground upon completion of the construction work.

(ii)           To implement and maintain the soft landscape treatment scheme for the two ventilation buildings according to the landscape plan as approved under Condition 2.7 of this Permit.

 

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 EM&A Plan in the Project Profile (Register No. PP-472/2012). Any major changes to the programme shall be justify by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the EM&A Plan, and prior approval from the Director shall be obtained before implementation.

 

3.2       Samples, measurements and necessary remedial actions shall be taken in accordance with the requirements of the EM&A Plan in the Project Profile (Register No. PP-472/2012) by:

 

(a)     conducting baseline environmental monitoring;

 

(b)     conducting impact monitoring;

 

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

 

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

           

3.3       Three hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least 2 weeks before commencement of construction of the Project. The submission shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Plan in the Project Profile (Register No. PP-472/2012) before submission to the Director.  Additional copies of the submission shall be made available to the Director upon his request.

 

3.4       Three hard copies and one electronic copy of monthly EM&A Report shall be submitted to the Director within 10 working days after the end of each reporting month. The monthly EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). The submission shall be certified by the ET Leader and verified by the IEC as complying with the requirements as set out in the EM&A Plan in the Project Profile (Register No. PP-472/2012) before submission to the Director.  Additional copies of submission shall be provided upon request by the Director.

 

3.5       All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct.

 

3.6       The procedures set out in the EM&A Plan in the Project Profile (Register No. PP-472/2012) shall be followed in handling complaints during construction of the Project.

 

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 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 hardcopies as described in Conditions 3.3 and 3.4 of this Permit. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of these Reports shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in these Reports shall be provided in the main text from where the respective references are made. All graphics in these Reports shall be in interlaced GIF format unless otherwise agreed by the Director. The content of the electronic copies of these Reports must be the same as the hardcopies.

 

4.2       The Permit Holder shall, within six weeks after the commencement of construction of the Project, set up an internet dedicated internet website and notify the Director in writing the Internet address where the environmental monitoring and project data is to be placed. All environmental monitoring data described in Condition 4.1 above shall be made available to the public via abovementioned dedicated internet website to be set up by the Permit Holder in the shortest practicable time and in no event later than two weeks after the relevant environmental monitoring data are collected or become available, unless otherwise agreed with the Director. The Permit Holder shall maintain the dedicated internet website for public access of the environmental monitoring data and reports throughout the entire construction period and during the first six months 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 and project data including the Project Profile and the Environmental Permit 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.


 

Table 1: Recommended Treatment for the 12 Trees on Project site*

 

Tree No.

Scientific Name

Chinese Common Name

Recommendation

TR-02

Ficus microcarpa

細葉榕

Transplant

TR-04

Aleurites moluccana

石栗

Retain

TR-05

Spathodea campanulata

火焰木

Retain

TR-06

Bauhinia blakeana

洋紫荊

Retain

TR-07

Bauhinia blakeana

洋紫荊

Retain

TR-08

Bauhinia blakeana

洋紫荊

Retain

TR-09

Bauhinia blakeana

洋紫荊

Retain

TR-10

Bauhinia blakeana

洋紫荊

Retain

TR-11

Spathodea campanulata

火焰木

Retain

TR-12

Bauhinia blakeana

洋紫荊

Fell

TR-13

Spathodea campanulata

火焰木

Fell

TR-14

Bauhinia blakeana

洋紫荊

Fell

* Based on Table 1 of the VEP application (No. VEP-441/2014).

 

 

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 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 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 constructs or operates 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 constructs or operates 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. EP-444/2012/A

環境許可證編號EP-444/2012/A

 

Figure 1 | Figure 2 |


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