Environmental Permit No. FEP-07/364/2009/D

環境許可證編號  FEP-07/364/2009/D

 

ENVIRONMENTAL IMPACT ASSESSMENT ORDINANCE

(CHAPTER 499)

Sections 10 and 12

 

環境影響評估條例

(499)

10條及12

 

FURTHER ENVIRONMENTAL PERMIT TO CONSTRUCT

A DESIGNATED PROJECT

 

建造指定工程項目的新的環境許可證

 

PART A (MAIN PERMIT)

A (許可證主要部分)

 

Pursuant to Sections 10 and 12 of the Environmental Impact Assessment Ordinance (EIAO), the Director of Environmental Protection (the Director) grants the Further Environmental Permit (No. FEP-07/364/2009/A) to Chun Wo - CRGL - MBEC Joint Venture (Chun Wo Construction and Engineering Company Limited, China Railway Group Limited and China Major Bridge Engineering Co., Ltd. as partners) (hereinafter referred to as the “Permit Holder”) on 25 February 2011. Pursuant to Section 13 of the EIAO, the Director amends the Further Environmental Permit (No. FEP-07/364/2009/A) based on the Application No. VEP-486/2015.  The amendments, described below, are incorporated into this Environmental Permit (No. FEP-07/364/2009/D). This Environmental Permit as amended is for the construction of  the designated project described in Part B 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》(環評條例)1012的規定,環境保護署長(署長) 2011225將新的環境許可證編號: FEP-07/364/2009/A批予-中國中鐡-中鐡大橋局聯營 (俊和建築工程有限公司、中國中鐡股份有限公司及中鐡大橋局股份有限公司為合伙人) (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-486/2015修訂新的環境許可證 (編號: FEP-07/364/2009/D)。以下修訂已包含在本環境許可證內(編號: FEP-07/364/2009/D)。本經修訂的環境許可證作為建造本許可證B所說明的指定工程項目,但須遵守C所列明的條件。本環境許可證是依據下列文件、批准或許可而簽發:

 

 

Application No.

申請書編號

VEP-486/2015

 

Documents in the Register :

登記冊上的文件:

 

 

1.       Central - Wan Chai Bypass and Island Eastern Corridor Link (Register No.: AEIAR-041/2001)

-          Environmental Impact Assessment Report (July 2001)
[Hereinafter referred to as the CWB&IECL EIA Report”]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

 

2.       The Director’s letter of approval of the CWB&IECL EIA Report dated 31 August 2001 referenced (19) in Ax(2) to EP2/H4/A/10 II.

 

3.       Wan Chai Development Phase II and Central-Wan Chai Bypass (Register No.: AEIAR-125/2008)

-          Environmental Impact Assessment Report (December 2007)
[Hereinafter referred to as “the WDII&CWB EIA Report”]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

-          Further information received from the Civil Engineering and Development Department on 11 March 2008, 9 April 2008 and 14 November 2008 under Section 8(1) of the EIAO

 

4.       The Director’s letter of approval of the WDII&CWB EIA Report dated 11 December 2008 referenced (85) in EP2/H4/S3/15 Pt.2.

 

5.       Central Reclamation Phase III – Studies, Site Investigation, Design and Construction (Register No.: AEIAR-040/2001)

-          Environmental Impact Assessment Report (July 2001)
[Hereinafter referred to as the CRIII EIA Report”]

-          Environmental Monitoring and Audit Manual

-          Executive Summary

 

6.       The Director’s letter of approval of the CRIII EIA Report dated 31 August 2001 referenced (19) in Ax(4) to EP2/H4/C/09 II.

 

7.       Environmental Permit Issued – Permit No.: EP-356/2009 issued to Civil Engineering and Development Department on 30 July 2009 for construction of the following designated projects:

(i)      Permanent and temporary reclamation works including associated dredging works in Wan Chai Development Phase II (WDII) area (referred to as “DP3” in the WDII&CWB EIA Report);

(ii)    Wan Chai East Sewage Outfall  (referred to as “DP5” in the WDII&CWB EIA Report); and

(iii)   Dredging for the Cross-harbour Water Mains from Wan Chai to Tsim Sha Tsui  (referred to as “DP6” in the WDII&CWB EIA Report).

 

8.       Application for Environmental Permit including all attachments submitted on 27 July 2009 (Application No.: AEP-364/2009).

 

9.       Environmental Permit issued – Permit No.: EP-364/2009 issued on 17 August 2009.

 

10.    Application for Variation of Environmental Permit including all attachments submitted on 28 July 2010 (Application No. VEP-321/2010)

 

11.    Environmental Permit issued – Permit No.: EP-364/2009/A issued on 4 August 2010.

 

12.    Application for Further Environmental Permit including all attachments submitted on 1 February 2011 (Application No.: FEP-120/2011).

 

 

13.    Application documents for Variation of Environmental Permit including all attachments submitted by the Permit Holder on 6 November 2015 (Application No. VEP-486/2015)

 

1.       中環及灣仔繞道和東區走廊連接路設計及建築工程 (登記編號: AEIAR─041/2001)

-          環境影響評估報告 (20017) [下稱「CWB&IECL環評報告」]

-          環境監察審核手冊

-       行政摘要

 

2.       署長於2001 831日發出CWB&IECL環評報告的批准信,檔案編號: (19) in Ax(2) to EP2/H4/A/10 II 

 

3.       灣仔發展計劃第二期及中環灣仔繞道 (登記編號: AEIAR-125/2008)

·         環境影響評估報告 (200712) [下稱「WDII&CWB環評報告」]

·         環境監察審核手冊

·         行政摘要

·         土木工程拓展署根據條例第8(1)條於200831120084920081114所提交的一步資料

 

4.       署長於2008 1211日發出批准WDII&CWB環評報告的信,檔案編號: (85) in EP2/H4/S3/15 Pt. 2

 

5.       中環填海計劃第III - 研究、實地堪測、設計與建築(登記編號:AEIAR-040/2001)

·         環境影響評估報告 (20017) [下稱「CRIII環評報告」]

·         環境監察審核手冊

·         行政摘要

 

6.       署長於2001 831日發出 CRIII環評報告的批准信,檔案編號: (19) in Ax(4) to EP2/H4/C/09 II

 

7.       已簽發的環境許可證 許可證編號EP-356/2009; 2009730簽發與土木工程拓展署以建造以下指定工程項目:

(i)       在灣仔發展計劃第二期的永久及臨時填海工程(包括相聯挖泥工程) (WDII&CWB環評報告內稱“DP3”)

(ii)     灣仔東污水排水口(WDII&CWB環評報告內稱“DP5”);

(iii)    灣仔至尖沙咀海底輸水管的挖泥工程(WDII&CWB環評報告內稱“DP6”)

 

8.       2009 7 27 日提交的環境許可證申請文件包括所有附件(申請書編號: AEP-364/2009) 

 

9.       已簽發的環境許可證 - 許可證編號 : EP-364/2009 20098 17日簽發。

 

10.    2010 728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-321/2010)

 

11.    已簽發的環境許可證 - 許可證編號 : EP-364/2009/A 20108 4日簽發。

 

12.    2011 21 日提交的新的環境許可證申請文件包括所有附件(申請書編號: FEP-120/2011)

 

13.    許可證持有人於2015 116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-486/2015)

 

 

 

 

 

 

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-486/2015

 

6 November 2015

2015116

 

Amend Condition 2.9, Figure 2 and Figure 3 of FEP-07/364/2009/A.

更改環境許可證編號FEP-07/364/2009/A2.9項條件,23.

 

24 November 2015

20151124

 

 

 

 

 

 

 

 

 

 

24 November  2015

2015 11 24

 

Date

日期

 

(Ken Y.K. WONG )

 Principal Environmental Protection Officer

for Director of Environmental Protection

環境保護署長

(署理首席環境保護主任 黃耀光 )

 


PART B (DESCRIPTION OF DESIGNATED PROJECT)

B (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所提述的指定工程項目的說明:

 

Title of Designated Project

指定工程項目的名稱

 

Central-Wan Chai Bypass Tunnel (North Point Section) and Island Eastern Corridor Link  

(This designated project is hereinafter referred to as “the Project”)

- as part of the “Central–Wan Chai Bypass including its Road Tunnel and Slip Roads” (the CWB project) which is covered in the Environmental Permit No. EP-364/2009/A

 

中環灣仔繞道 北角段隧道及東區走廊連接路

(本指定工程項目下稱工程項目”)

- 此工程為 中環灣仔繞道(包括其行隧道及連接路)” (CWB工程項目)部份,已簽發的環境許可證 - 許可證編號 : EP-364/2009/A的管制

 

Nature of Designated Project

指定工程項目的性質

 

The Project is a part of the Central-Wan Chai Bypass project. (The CWB project will involve construction of a trunk road and its road tunnel more than 800m length between portals.)

 

此工程項目是中環灣仔繞道工程項目部份(CWB工程項目涉及興建條主幹道;及其入口之間的長度超過800的行車隧道。)

 

Location of Designated Project

指定工程項目的地點

 

 

North Point and Central.

The location of the Project is shown in Figures 1a and 1b of this Permit.

 

北角和中環。

工程項目的地點展示於本許可證1a1b內。

 

Scale and Scope of Designated Project

指定工程項目的規模和範圍

The scope of the Project mainly includes:

·              Construction of a 300-metre-long tunnel at North Point;

·              Construction of an approach road to the tunnel;

·              Modification of the section of Island Eastern Corridor between Hing Fat Street and Po Leung Kuk Yu Lee Mo Fan Memorial School;

·              Modification of the junction of Victoria Park Road and Hing Fat Street;

·              Demolition of Rumsey Street Flyover eastbound in Central;

·              Sub-structure works of the East Ventilation Building and the foundation works of the Administration Building; and

·              Associated works including landscaped deck, noise barriers, noise semi-enclosures, road drainage and landscaping works.

 (part of the CWB project )

 

Remarks:

l   The permanent and temporary reclamation and associated dredging works related to the CWB construction are separately covered by the environmental permit No. EP-356/2009 issued to the Civil Engineering and Development Department (CEDD).

 

工程項目的範圍主要包括:

 

·              建造一段位於北角的300長隧道;

·              建造與隧道接駁的連接路;

·              改建乎興發街與保良局李慕芬紀念學校之間的一段東區走廊;

·              改建維園道與興發街之交界處;

·              拆中環林士街天橋東行線之橋面;

·              東面通風大樓底部構造行政大樓地基工程;

·              相關工程,包括園景平台、隔音屏障、半密封式隔音罩、道路排水及綠化等工程。

 (CWB工程項目部份)

 

備註:

l   中環灣仔繞道相關永久及臨時填海工程(包括相聯挖泥工程) 已包括在簽發與土木工程拓展署的環境許可證(許可證編號: EP-356/2009)

 

 


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 to, the Air Pollution Control Ordinance (Cap. 311), Water Pollution Control Ordinance (Cap. 358), Noise Control Ordinance (Cap. 400), and Waste Disposal Ordinance (Cap. 354).  This Permit does not of itself constitute any ground of defense 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 this 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 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 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 this 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 the Project in accordance with the project description in Part B of this Permit (hereafter referred to as “the Project”).

1.7              The Permit Holder shall ensure that the Project is designed and constructed in accordance with the relevant information and recommendations described in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008), the approved CRIII EIA Report (Register No. AEIAR-040/2001), the Environmental Permit No.: EP-356/2009 issued on 30 July 2009 for marine works as described in Part A of this Permit; the Application for Environmental Permit including all attachments (Application No. AEP-364/2009); the Environmental Permit No. EP-364/2009 issued on 17 August 2009; the Application for Variation of Environmental Permit including all attachments (Application No. VEP-321/2010); the amended Environmental Permit No. EP-364/2009/A issued on 4 August 2010; the Application for Further Environmental Permit including all attachments (Application No. FEP-120/2011) and other relevant documents in the Register, the information and mitigation measures described in this Permit, mitigation measures to be recommended in submissions that shall be deposited with or approved by the Director as a result of permit conditions contained in this Permit, and mitigation measures to be recommended under 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. The Project is part of the CWB project.  As stated in the Application for Environmental Permit including all attachments (Application No.: AEP-364/2009) for the CWB project, the CWB project is covered by the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001) and the WDII&CWB EIA Report (Register No. AEIAR-125/2008) mentioned in Part A of this Permit.  The corresponding coverage of the two EIA reports is shown in Figure 1a of this Permit. The western part of the CWB project starts from the western boundary of the CWB project and ends at the eastern boundary of the CRIII area near Lung King Street, Wan Chai.  The eastern part of the CWB project starts from the eastern boundary of the CRIII area and ends at the eastern boundary of the CWB project. The western part of the CWB project is covered by the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001) with the clarifications stated in the Application for Environmental Permit including all attachments (Application No.: AEP-364/2009). The eastern part of the CWB project is covered by the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008)).

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 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 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          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). 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.

1.12          The Director shall be notified in writing the commencement date of construction of the Project no later than one month prior to the commencement of construction of the Project. The Director shall be notified in writing immediately if there is any change of the commencement date of the construction. (see note 8)

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          This Permit shall not remove the responsibility of Highways Department and any person working on the “Central-Wan Chai Bypass including its Road Tunnel and Slip Roads” (the “CWB project”) to comply with the conditions set out in Part C of the Environmental Permit No. EP-364/2009 or where applicable any subsequent environmental permit (EP) amended by the Director under the Ordinance.

 

 

2                    Special Conditions

Submissions or Measures to be implemented before Construction of the Project

Employment of Environmental Monitoring and Audit (EM&A) Personnel

2.1              An Environmental Team (ET) shall be established 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 updated EM&A Manual of the Project approved under Condition 2.5 of this Permit.  The ET Leader shall keep a contemporaneous log-book of each and every instance or circumstance or change of circumstances, which may affect the compliance with the recommendations of the EIA Report and this Permit.  The ET Leader shall notify the IEC within one working day of the occurrence of any such instance or circumstance or change of circumstances. The ET Leader’s log-book shall be kept readily available for inspection by all persons assisting in supervision of the implementation of the recommendations of the EIA Report and this Permit or by the Director or his authorized officers.  Failure to maintain records in the log-book, failure to discharge the duties of the ET Leader as defined in the updated EM&A Manual of the Project approved under Condition 2.5 of this Permit 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. (see note 7)

2.2              An IEC shall be employed 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 updated EM&A Manual approved under Condition 2.5 of this Permit and shall audit the overall EM&A performance, including the implementation of all environmental mitigation measures, submissions required in the updated EM&A Manual, and any other submissions required under this Permit.  In addition, the IEC shall be responsible for verifying the environmental acceptability of permanent and temporary works, relevant design plans and submissions under this Permit.  The IEC shall verify the log-book(s) mentioned in Condition 2.1 of this Permit.  The IEC shall notify the Director 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 EIA Report and this Permit, which might 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 updated EM&A Manual or fails to comply with this Condition, the Director may require the Permit Holder by notice in writing to replace the IEC.  Failure to replace the IEC as directed or further failure to so notify the Director despite employment of a new IEC may render the Permit liable to suspension, cancellation or variation.  Notification by the Permit Holder is the same as notification by the IEC for the purpose of this Condition. (see note 7)

Environmental Project Committee (ENPC)

2.3              To oversee and facilitate effective control of the cumulative environmental impacts arising from potential multiple contracts for the construction of the entire Wan Chai Development Phase II (WDII) and Central-Wan Chai Bypass (CWB) (hereafter referred to as “the whole Project”), an Environmental Project Committee (ENPC) shall be set up before the commencement of construction of the earliest components of the whole Project.  Regular members of the ENPC will include:

(a)   the ET Leader;

(b)   the IEC; and

(c)   the permit holders of any environmental permit(s) and further environmental permit(s),      for the whole Project.

 

The Community Liaison Group formed under Condition 2.4 of this Permit shall also work under the ENPC set-up to facilitate any necessary liaison works to address potential cumulative environmental impact issues arising from the whole Project. The ENPC shall make recommendation and update under Condition 2.5(a) of this Permit on how to enhance the monitoring and audit of the environmental performance of the whole Project on top of requirements as set out in Conditions 3.1 to 4.3 of this Permit or corresponding requirements set out under subsequent Environmental Permits issued for the whole Project. (see notes 7 and 8)

 

Community Liaison Group

 

2.4              A Community Liaison Group (CLG) comprising representatives from the relevant concerned and affected parties, including owners’ corporations, management offices, local committees and schools of affected areas, including the North Point and Tin Hau areas, shall be set up, to facilitate communication, enquiries and complaints handling on all environmental issues, including the follow up on the implementation of remedial mitigation measures.  The CLG shall be set up before the commencement of construction of the relevant component(s) of the WDII and CWB project. The Director shall be notified with the actual date of setting up the CLG, the membership, the terms of reference and the contact details.  A designated complaint hotline shall also be set up for the Project to address such concerns and complaints in an efficient manner. The detailed arrangements of the CLG shall be reported to the ENPC and its activities be reflected as update under Condition 2.5(a) of this Permit. (see notes 7 and 8)

Submission of Updated EM&A Manual

2.5              Four hard copies and one electronic copy of an updated EM&A Manual for the Project shall be submitted, no later than one month before the commencement of construction of the Project, to the Director for approval. The updated EM&A Manual shall:

(a)                make recommendations on how to take into account the ENPC and Community Liaison Group requirements as stipulated in Conditions 2.3 and 2.4 of this Permit respectively;

(b)                include a real-time on-site monitoring system of the noise level around the works sites at North Point and Tin Hau areas during the construction phase; and

(c)                take into account the relevant EM&A requirements from the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008), the latest works schedules, division of responsibilities among different contracts (if any) in the Project, latest project information, latest environmental mitigation measures including the restriction imposed on the use of pneumatic breakers to demolish the existing Island Eastern Corridor as set out in Condition 2.9(a) of this Permit

Before submission to the Director, the updated EM&A Manual shall be certified by the ET and verified by the IEC as conforming to the relevant information and recommendations contained in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No: AEIAR-125/2008), the approved CRIII EIA Report (Register No. AEIAR-040/2001), the application documents for environmental permit including all attachments (Application No. AEP-364/2009) and other relevant documents in the Register.  All measures recommended in the updated EM&A Manual approved under this Condition shall be fully and properly implemented according to the requirements and time schedule(s) set out in the updated EM&A Manual approved under this Condition (hereinafter referred to as the “updated EM&A Manual”). (see note 8)

Management Organization of Main Construction Companies

2.6              The Permit Holder shall, no later than one month before the commencement of construction of the Project covered by this Permit, 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. The management organization information submitted under this Condition shall contribute towards the relevant part of the ENPC and CLG that will set up under Conditions 2.3 and 2.4 of this Permit. (see note 8)

 

Submission of Works Schedule and Location Plans

2.7              The Permit Holder shall deposit a detailed works schedule of the Project with the Director at least one month before the commencement of the works of the Project.  The schedule shall include an updated works programme indicating dates of commencement of construction activities.  This schedule to be submitted shall govern the various milestones and anticipated schedule of submissions as reflected in Conditions 2.5, 2.6, 2.8, 2.9, 2.13, 3.3, 3.4 and 4.2 of this Permit. (see note 8)

 

2.8              The Permit Holder shall deposit with the Director location and layout plans in the scale of 1:1,000 or other appropriate scale of the Project at least two weeks before the commencement of the works of the Project.  The plans shall be submitted with an explanatory statement detailing the works boundaries, the works areas, vertical and horizontal alignments of the CWB, its tunnel, slip roads, ventilation buildings/vent shaft(s) and any other major facilities; and the locations of key environmental mitigation measures, including landscaped deck at eastern tunnel portal, noise semi-enclosures and barriers and low noise road surfacing as mentioned in Conditions 2.10 and 2.11 of this Permit (see note 8)

 

Measures to Mitigate Construction Noise Impact

 

2.9              To mitigate construction noise impact, the Permit Holder shall deposit with the Director, at least two weeks prior to the commencement of construction of the corresponding component(s) of the Project, four hard copies and one electronic copy of the construction noise management plan, consisting of layout plan(s) in the scale of 1:1,000 or other appropriate scale and explanatory statement(s) showing the noise mitigation measures to include:

(a)                the use of pneumatic breakers, if required to demolish the existing Island Eastern Corridor, to be confined to the period from 0900 to 1700 hours on weekdays (Monday to Friday), and the pneumatic breakers shall not be used any time on Saturdays, Sundays and general holidays, and during examination hours of the schools affected by the works site, including:

(i)         Hong Kong Baptist Church Henrietta Secondary School; and

(ii)       Po Leung Kuk Yu Lee Mo Fan Memorial School;

(b)               the installation of different types of noise barriers for particular items of powered mechanical equipments (including saw cutting / wire cutting machines) and construction works at the locations as shown in Figure 2 of this Permit. These noise barriers shall be installed along the existing Island Eastern Corridor structure during the demolition and construction of substructure for the Island Eastern Corridor and construction of adjacent tunnel approach ramp structure, as shown in Figure 2 of this Permit. Besides, temporary noise barriers shall be provided on temporary working platforms on piers or pile caps for the demolition works of existing piers and crossheads for the marine section of the existing Island Eastern Corridor as shown in Figure 3 of this Permit. The barrier material shall have a surface mass of not less than 14 kg/m2 on skid footing with 25mm thick internal sound absorptive lining; and

(c)                the use of movable/temporary noise barriers, the use of quiet powered mechanical equipments and the adoption of multiple-phase construction schedules, where appropriate.

The submission(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001) and the WDII&CWB EIA Report (Register No. AEIAR-125/2008) before deposit with the Director. All measures recommended in the finalised submission(s) under this Condition shall be fully and properly implemented. Measures covered by other pollution control Ordinances shall not be included in this construction noise management plan. (see note 8)

Measures to Mitigate Operational Noise Impact

2.10          To mitigate traffic noise from road operation, the following noise barriers and semi-enclosures shall be installed before the commencement of operation of the road project unless otherwise specified in this Permit. The locations and indicative designs of the noise semi-enclosures and barriers are shown in Figures 4a and 4b of this Permit:

(a)            about 235m length of noise semi-enclosure covering the westbound slip road from the Island Eastern Corridor;

(b)           about 230m length of noise semi-enclosure covering the main carriageways (eastbound and westbound) of the Central-Wan Chai Bypass (CWB) and Island Eastern Corridor;

(c)            about 135m length of 5.5m high cantilevered noise barrier with 4.5m long cantilever inclined at 45° on the eastbound slip road to the Island Eastern Corridor;

(d)           about 95m length of 5.5m high cantilevered noise barrier with 1m long cantilever inclined at 45° on the eastbound slip road to the Island Eastern Corridor;

(e)            about 350m length of 3.5m high vertical noise barrier on the eastbound slip road to the Island Eastern Corridor; and

(f)            about 265m length of noise semi-enclosure covering the westbound slip road from the Island Eastern Corridor shall be installed before the occupation of planned noise sensitive receivers (NSRs) in the Comprehensive Development Areas (CDA) near Oil Street, North Point, as shown in Figures 4a and 4b of this Permit.

 

2.11          To mitigate traffic noise from road operation, low noise road surfacing shall be paved on the sections of the CWB with speed limit of 70 km/hour or above (except the section of CWB within the tunnel and beneath the landscaped deck at the eastern portal area) as shown in Figure 4a of this Permit.

 

Measures to Mitigate Air Quality Impact

 

2.12          If the Project involves construction of any air ventilation system and/or air mitigation measures for the operational phase of the CWB project, at least one month prior to the commencement of construction of the corresponding component(s) of air ventilation system and air mitigation measures for the operational phase of the CWB project, four hard copies and one electronic copy of the operational air quality management plan shall be deposited with the Director to manage and mitigate operational air quality impact.  The operational air quality management plan shall consist of design drawings in the scale of 1:1,000 or other appropriate scale and explanatory statements showing air quality mitigation measures include:

(a)            the construction of the West Ventilation Building (WVB) at the location as shown in Figure 1a of this Permit, and that WVB shall follow the exhaust related design criteria as shown in Table 1a of this Permit;

(b)           the construction of the Central Ventilation Building (CVB) at the location as shown in Figure 1a of this Permit, and that CVB shall follow the exhaust related design criteria as  shown in Table 1b of this Permit;

(c)            the construction of the East Ventilation Building (EVB) and its vent shaft at the locations as shown in Figure 1a of this Permit, and that EVB shall follow the exhaust related design criteria as shown in Table 1b of this Permit;

(d)           an electrostatic precipitator system shall be installed to reduce the dust emission from the EVB operation.  The electrostatic precipitator system shall be designed to have a dust removal efficiency of 80% to reduce the level of respirable suspended particulates; and

(e)            the ventilation system of the Eastern Portal of the CWB Tunnel shall follow the zero portal emission design as described in Section 2.4.18 of the WDII&CWB EIA Report (Register No. AEIAR-125/2008).

The submission(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001), the approved WDII&CWB EIA Report (Register No. AEIAR-125/2008) and the approved CRIII EIA Report (Register No. AEIAR-040/2001) before deposit with the Director. All measures recommended in the finalised submission(s) under this Condition shall be fully and properly implemented. Measures covered by other pollution control Ordinances shall not be included in the submission(s) on the operational air quality management plan. (see note 8)

 

Measures to Mitigate Landscape and Visual Impact

2.13          To reduce the landscape and visual impact during construction and operation stages of the Project, the Permit Holder shall implement a series of landscape and visual mitigation measures.  The Permit Holder shall, at least one month before the commencement of corresponding parts of landscape works of the Project, deposit with the Director four hard copies and one electronic copy of landscape plan(s).  The landscape plan(s) shall show the design details, locations, implementation programme, maintenance and management schedules, and drawings in the scale of 1:1,000 or other appropriate scale of the landscape and visual mitigation measures of the Project. Before submission to the Director, the landscape plan(s) shall be certified by the ET Leader and verified by the IEC as conforming to the relevant information and recommendations contained in the approved CWB&IECL EIA Report (Register No. AEIAR-041/2001) and the WDII&CWB EIA Report (Register No. AEIAR-125/2008). All measures recommended in the finalised submission(s) under this Condition shall be fully and properly implemented. (see note 8)

 

2.14          The landscape plan(s) to be submitted under Condition 2.13 of this Permit shall include measures to mitigate the landscape and visual impact of the road traffic noise semi-enclosures and barriers.  The noise semi-enclosures and barriers shall mainly compose of:

(a)    transparent panels, translucent panels and/or green roof with translucent skylight in the upper part where appropriate; and

(b)   green panels with planters in the lower part where appropriate,

as shown in Figures 4c, 4d, 4e and 4f of this Permit. (see note 8)

 

 

3                    Environmental Monitoring and Audit Requirements

3.1              The EM&A programme shall be implemented in accordance with the procedures and requirements as set out in the updated EM&A Manual approved under Condition 2.5 of this Permit. Any major changes to the programme shall be justified by the ET Leader and verified by the IEC as conforming to the information and requirements contained in the updated EM&A Manual approved under Condition 2.5 of this Permit before submission to the Director for approval.  The EM&A programme shall include, among other items, the air quality and noise monitoring and audit details to cover the different construction phases; and the appropriate timing for putting in place a real-time on-site monitoring system of the noise level around the works sites at North Point and Tin Hau areas during the construction phase of the Project, but the real-time monitoring system shall be in place no later than two weeks before the commencement date of demolition works of the existing Island Eastern Corridor.  The real-time noise monitoring results shall be presented in the Internet website as described in Condition 4.2 of this Permit. (see notes 7 and 8)

 

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

(a)          conducting baseline environmental monitoring;

(b)         conducting impact monitoring;

(c)          carrying out remedial actions described in Event/Action Plans of the updated EM&A Manual approved under Condition 2.5 of this Permit 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 updated EM&A Manual approved under Condition 2.5 of this Permit 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 for inspection on site.

(see notes 7 and 8)

 

3.3              Four hard copies and one electronic copy of the Baseline Monitoring Report shall be submitted to the Director at least one month before commencement of construction of the Project. The submission shall be certified by the ET Leader and verified by the IEC. Additional copies of the submission shall be made available to the Director upon his request. (see note 8)

3.4              Four 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 EM&A Reports shall include a summary of all non-compliance (exceedances) of the environmental quality performance limits (Action and Limit Levels). In compiling this monthly EM&A Report, all relevant cumulative construction impacts due to concurrent activities of the concurrent projects including the Central Reclamation Phase III and the Wan Chai Development Phase II projects shall be addressed. The submissions shall be verified by the IEC. Additional copies of the submission shall be provided to the Director upon request by the Director. (see notes 8 and 9)

3.5              All environmental monitoring and audit data submitted under this Permit shall be true, valid and correct. (see notes 7 and 8)

 

 

4                    Electronic Reporting of EM&A Information

4.1              To facilitate public inspection of the Baseline Monitoring Report and regular 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 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. (see note 8)

 

4.2              A dedicated web site shall be set up with notification in writing to the Director of the Internet address where the environmental monitoring and project data is to be placed, within six weeks after the commencement of construction of the Project. All environmental monitoring data described in Condition 4.1 above shall be made available to the public via a dedicated web site to be set up 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. (see note 9)

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 approved EIA Reports and the environmental permit(s) of the Project. The Internet website shall have 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 (noise and air quality); and

(d)              hyperlinks to relevant monitoring data after searching;

           

or otherwise as agreed by the Director. (see note 9)

 

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 Ordinance, 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 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.

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 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, 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 or operate a designated project listed in Part I of schedule 2 of the Ordinance without a valid environmental permit.

 

7.      Highways Department (HyD), the Holder of Environmental Permit (EP) No. EP-364/2009, is required under EP-364/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)          to establish an Environmental Team (ET) which shall be headed by an ET Leader;

(ii)        to employ an Independent Environmental Checker (IEC);

(iii)       to liaise with the Holder of Environmental Permit No. EP-356/2009 on to jointly set up an Environmental Project Committee (ENPC); and

(iv)      to liaise with the Holder of Environmental Permit No. EP-356/2009 to jointly set up a Community Liaison Group (CLG),

for the CWB project.

 

8.      HyD, the Holder of EP-364/2009 is required under EP-364/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)         to notify the Director in writing the commencement date of construction of the CWB project;

(ii)       to notify the Director the date of setting up the ENPC;

(iii)     to notify the Director the date of setting up the CLG;

(iv)     to submit to the Director for approval the updated Environmental Monitoring and Audit Manual (updated EM&A Manual);

(v)       to 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 CWB project;

(vi)     to deposit with the Director a detailed works schedule and location plans;

(vii)   to deposit with the Director a construction noise management plan;

(viii) to deposit with the Director an operational air quality management plan;

(ix)     to deposit with the Director landscape plan(s);

(x)       to deposit with the Director an additional mitigation plan for Slip Road 8;

(xi)     to submit to the Director the Baseline Monitoring Report; and

(xii)   to submit to the Director the monthly EM&A Reports,

for the CWB project.

 

All submissions or any variation of the submissions shall be certified by the ET Leader(s) and verified by the IEC before submitting to the Director.

 

9.   HyD, the Holder of Environmental Permit EP-364/2009, is required under EP-364/2009, or any subsequent EP amended by the Director under the Ordinance:

(i)         to implement the proposed construction works of CWB including its Road Tunnel and Slip Roads, ventilation buildings and vent shaft(s) at the location shown in Figure 1 of EP-364/2009 together with the relevant environmental mitigation measures; and

(ii)       to set up a dedicated web site and notify the Director in writing the Internet address where the environmental monitoring and project data is to be placed,

for the CWB project.

10. 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.

 

11. 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.

12. 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. FEP-07/364/2009/D

環境許可證編號  FEP-07/364/2009/D

 

 

Figure 1a | Figure 1b | Figure 2 | Figure 3 | Figure 4a | Figure 4b | Figure 4c | Figure 4d | Figure 4e | Figure 4f |


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Table 1a:         Exhaust Related Design Criteria of the West Ventilation Building (based on Table 3.9 of the CWB&IECL EIA Report (Register No. AEIAR-041/2001)*

 

 

Maximum capacity (m3s-1)

Exit velocity

(m s-1)

Minimum discharge height (meter above ground)

Exhaust direction

West Ventilation Building (WVB)**

 

420

8

15

Vertical

 

Notes:      *       This Table shall be read in conjunction with Condition 2.12 and Figure 1a of this Permit.

                **    The vent shaft will be incorporated within the WVB.

(see notes 8 and 9)

 

Table 1b          Exhaust Related Design Criteria of the Central Ventilation Building and the East Ventilation Building and its Vent Shaft (based on Table 3.11 of the WDII&CWB EIA Report (Register No. AEIAR-125/2008)*

 

 

Cross-sectional area of stack (m2)

Exit velocity

(m s-1)

Minimum mid-discharge height (meter above ground)

Exhaust direction

Central Ventilation Building (CVB)**

219

8

17.5

Vertical

 

Vent shaft of the East Ventilation Building

(EVB)***

94

8

16.25

Inclined 45 degree upward (discharge towards sea direction)

Notes:  *         This Table shall be read in conjunction with Condition 2.12 and Figure 1a of this Permit.

            **        The vent shaft of CVB will be incorporated within the CVB.

            ***     The vent shaft of EVB will be separated from the EVB and located at the eastern breakwater of the Causeway Bay Typhoon Shelter.

(see notes 8 and 9)