8.1
Site inspections
provide a direct means to trigger and enforce the specified environmental
protection and pollution control measures.
They shall be undertaken routinely to inspect the construction
activities in order to ensure that appropriate environmental protection and
pollution control mitigation measures are properly implemented. With well defined pollution control and
mitigation specifications and a well established site inspection, deficiency
and action reporting system, the site inspection is one of the most effective
tools to enforce the environmental protection requirements on the construction
site.
8.2
The ET is
responsible for formulation of the environmental site inspection, deficiency
and action reporting system, and for carrying out the site inspection
works. He shall submit a proposal on
the site inspection, deficiency and action reporting procedures within 21 days
of the construction contract commencement to the Contractor for agreement and
to the ER for approval.
8.3
Regular site
inspections shall be carried out at least once per week. The areas of inspection shall not be limited
to the environmental situation, pollution control and mitigation measures
within the site; it should also review the environmental situation outside the
site area which is likely to be affected, directly or indirectly, by the site
activities. The ET shall make reference
to the following information in conducting the inspection:
a)
The EIA recommendations on
environmental protection and pollution control mitigation measures;
b)
Works progress and programme;
c)
Individual works methodology
proposals (which shall include proposal on associated pollution control
measures);
d)
The contract specifications
on environmental protection;
e)
The relevant environmental
protection and pollution control laws; and
f)
Previous site inspection
results.
8.4
Contractor shall
update the ET with all relevant information of the construction contract for
him to carry out the site inspections.
The inspection results and its associated recommendations on
improvements to the environmental protection and pollution control works shall
be submitted to the ER and the Contractor within 24 hours, for reference and
for taking immediate action. The
Contractor shall follow the procedures and time-frame as stipulated in the
environmental site inspection, deficiency and action reporting system formulated
by the ET to report on any remedial measures subsequent to the site
inspections.
8.5
Ad hoc site
inspections shall also be carried out if significant environmental problems are
identified. Inspections may also be
required subsequent to receipt of an environmental complaint, or as part of the
investigation work, as specified in the Action Plan for EM&A.
8.6
A mitigation
implementation status proforma and a site inspection proforma are provided in
Appendices 7 and 8 respectively.
8.7
There are
contractual environmental protection and pollution control requirements as well
as environmental protection and pollution control laws in Hong Kong which the
construction activities shall comply with.
8.8
In order that the
works are in compliance with the contractual requirements, all the works method
statements submitted by the Contractor to the ER for approval shall be sent to
the ET and IC(E) for vetting to see whether sufficient environmental protection
and pollution control measures have been included.
8.9
The ET shall also
review the progress and programme of the works to check that relevant
environmental laws have not been violated, and that the any foreseeable
potential for violating the laws can be prevented.
8.10
The Contractor
shall regularly copy relevant documents to the ET so that the checking work can
be carried out. The document shall at
least include the updated Work Progress Reports, the updated Works Programme,
the application letters for different licence/permits under the environmental
protection laws, and all the valid licence/permit. The site diary shall also be available for the ET’s inspection
upon his request.
8.11
After reviewing
the document, the ET shall advise the ER and the Contractor of any
non-compliance with the contractual and legislative requirements on
environmental protection and pollution control for them to take follow-up
actions. If the ET's review concludes
that the current status on licence/permit application and any environmental
protection and pollution control preparation works may not cope with the works
programme or may result in potential violation of environmental protection and
pollution control requirements by the works in due course, he shall also advise
the Contractor and the ER accordingly.
8.12
Upon receipt of
the advice, the Contractor shall undertake immediate action to remedial the
situation. The ER shall follow up to
ensure that appropriate action has been taken by the Contractor in order that
the environmental protection and pollution control requirements are
fulfilled. A regulatory compliance
proforma is presented in Appendix 9.
8.13
Complaints shall
be referred to the ET for carrying out complaint investigation procedures. The ET shall undertake the following
procedures upon receipt of the complaints:
a)
Log complaint and date of
receipt onto the complaint database and inform the IC(E) immediately;
b)
Investigate the complaint to
determine its validity, and to assess whether the source of the problem is due
to works activities;
c)
If a complaint is valid and
due to works, identify mitigation measures in consultation with the IC(E);
d)
If mitigation measures are
required, advise the Contractor accordingly;
e)
Review the Contractor's
implementation of the identified and required mitigation measures, and the
current situation;
f)
If the complaint is
transferred from EPD, submit interim report to EPD on status of the complaint
investigation and follow-up action within the time frame assigned by EPD;
g)
Undertake additional monitoring
and audit to verify the situation if necessary, and ensure that any valid
reason for complaint does not recur through proposed amendments to work
methods, procedures, machines and/or equipment, etc.;
h)
Report the investigation
results and the subsequent actions to the source of complaint (If the source of
complaint is identified through EPD, the results should be reported within the
time frame assigned by EPD); and
i)
Log a record of the
complaint, investigation, the subsequent actions and the results in the monthly
EM&A reports.
8.14
During the
complaint investigation work undertaken by the ET, the Contractor and ER shall
cooperate with the ET Leader in providing all the necessary information and
assistance for completion of the investigation. If mitigation measures are required following the investigation,
the Contractor shall promptly carry out the mitigation. The ER shall ensure that the measures have
been carried out by the Contractor. A
complaint log sheet is provided in Appendix 10.
8.15
ET should provide
a flow chart of the complaint response procedures. This should address complaint receiving channels, responsible
parties/contacts for information/action, the investigation processes,
procedures for the implementation of mitigation measures, guidelines for communication
and public relation with the complainant.