This section sets out the proposed environmental management system approaches that will be implemented to ensure that the recommendations of the EIA are fully and effectively implemented during the construction and operational phases of each of the Designated and Potentially Designated Elements.
2.2.1 Yuen Long and Kam Tin Sewerage and Sewerage Disposal Stage 1 EIA
The EIA (DE) report provides an assessment of the predicted scope and extent of likely environmental impacts resulting from the construction and operation of the Project. Mitigation recommendations have been developed to ensure that the environmental quality objectives are met. The recommendations from the EIA are summarised in the form of an Implementation Schedule (IS) in Annex E. The IS provides the primary means by which the EIA recommendations are transferred from the planning phase to the construction and later the operational phase of the project.
An integral part of these recommendations is the requirement to undertake an EM&A programme to verify the level of environmental performance achieved and the effectiveness of the recommended mitigation measures.
2.2.2 The EM&A Manual
The EM&A programme provides the means by which feedback on the project’s compliance with the recommended mitigation measures and the environmental monitoring programme provided to the Contractor, the Client and the Environmental Protection Department (EPD).
This EM&A Manual (this document) is submitted at the time of the EIA and provides an outline of the likely monitoring and auditing protocols and requirements which will be necessary to achieve the objectives of the EM&A programme. For the construction and operation phases, this Manual provides a general description of the organisational arrangements required for the EM&A programme, the monitoring parameter (e.g. LAeq,30min, Total Suspended Particulates, Suspended Solids, etc.), frequency of monitoring and the actions to be taken in the event of exceedances of the environmental criteria. In addition, the Manual provides details of the specific monitoring requirements (e.g. noise, air, and water quality) for each of the designated and potentially designated elements. This EM&A programme also outlines guidelines for site inspections as a means of identifying and resolving problems, and the associated reporting requirements.
This EM&A Manual should be reviewed (as necessary) during the detailed design stage of the project if it is determined, or anticipated, that substantial changes to the extent or scope of the Project may occur which could have an influence on the Project’s environmental performance. In this instance, it is customary that a revised assessment and EM&A Manual are produced to maintain the relevance of the EM&A process to the Works. The same process should also be followed on award of the project.
2.2.3 Contractual Documentation
In order to ensure that Contractor(s) implement the recommended mitigation measures during the Project’s design and construction phases, it is recommended that their contractual documentation should include clauses related to compliance with the appropriately recommended mitigation measures / environmental monitoring requirements. In addition, the contractual documentation should define appropriate contractual mechanisms to ensure compliance with these environmental requirements. The range of mechanisms available to the Engineer should reflect the priority that the Client gives to environmental issues, possibly including a provision for suspending works pending the remediation of persistent environmental problems. Similarly, the inclusion of environmental performance milestone payments could be considered by the Client as a means of enhancing the environmental performance and encouraging the design and construction Contractors to meet these contractual obligations.
A key element to be included in the contractual documentation will
be the requirement to prepare, implement and maintain an Environmental
Management Plan (EMP). The EMP places
a contractual responsibility for on-site environmental management with the
Contractor.
The management of the construction phase of the Project will be undertaken in line with an EM&A procedure which has been agreed with Government. The EM&A process will seek to ensure that the works are carried out in a manner which meets all legal, contractual and environmental commitments.
Past experience with projects of this nature has revealed that the implementation of EM&A procedures tends to result in an over-reliance on the process, and on mitigating impacts after they are identified. To complement the EM&A process, a level of proactivity is required which seeks to minimise the incidence of environmental problems. This can be referred to as an Environmental Management System (EMS) approach and is based upon the specification of a number of management mechanisms, processes and organisational arrangements including the EM&A programme. A wider environmental management system approach, if adopted, should draw upon all available documentation and particularly the following:
· previous environmental reports, assessments and reviews of the Project area;
· the Contracting Organisations ISO 9000 and 14000 (where appropriate) Standards;
· a project-specific Environmental Management Plan;
· the results of Environmental Performance Reviews and Site Inspections;
· the Construction Method Statements to be submitted to the Engineer for review prior to carrying out of works processes; and
· Contractual Documentation relating to the civil works packages.
Each of these elements is further discussed below and its role in the environmental management function is described.
2.3.1 Construction Phase EM&A Manual
This EM&A Manual should be considered a dynamic document that will be reviewed and updated (as necessary) during the later stages of the Project.
To ensure that this EM&A Manual remains current, it is recommended that it is initially up-dated at the commencement of the construction phase to include contract details of the Contractor’s management staff together with details of the monitoring locations that are agreed with the Engineer, IEC and the EPD. This revision exercise should also update and clarify, as necessary, any information which may alter during the Project’s development.
It is envisaged that the Contractor or his Environmental Team will update the construction phase EM&A Manual.
2.3.2 Environmental Management Plan
In order to ensure the effective implementation and reporting on compliance with the stated mitigation measures, as well as the monitoring and auditing requirements and remedial actions defined in the EIA, an appropriate contractual and supervisory framework needs to be established. The basis of the framework within which implementation should be managed overall is through the preparation of Environmental Management Plans (EMPs) by the Contractor(s).
An EMP is similar in nature to a quality plan and provides details of the means by which the Contractor (and all subcontractors working to the Contractor) will implement the recommended mitigation measures and achieve the environmental performance standards defined in Hong Kong environmental legislation, the contract and in the EIA documentation. The primary reason for adopting the EMP approach is to make the Contractor aware of his environmental responsibilities and to be pro-active about the commitment to achieve the standards specified, rather than relying on the EM&A programme.
The EMP also provides opportunities for the Contractor to draw upon the strength of other institutional processes such as ISO 9000/14000 to ensure that the achievement of the required standards and fulfilment of commitments are documented.
It is envisaged that the provision of an EMP will be a contractual requirement, and that they will be approved by the Engineer following review/comment from the IEC.
The contractual requirement for an EMP would generally comprise appropriate extracts from (and references to) the Project EIA (DE) Report and EM&A Manual, and include such typical elements as the relevant statutory environmental standards, general environmental control clauses and specific environmental management clauses, as well as an outline of the scope and content of the EMP. In drafting the documentation, due consideration should be given to the predictive nature of the EIA process and the consequent need to manage and accommodate the actual impacts arising from the construction process. In particular, the Contractor must be placed under a clear obligation to identify and control any implications arising from changes to the working methods assumed in the EIA (DE) Report, or to the progress rates and other estimates made during the preliminary design phase.
2.3.3 Environmental Performance Reviews
The environmental performance review programme comprises the regular assessment of the effectiveness of the EMPs, site practices and procedures to ensure that the required mitigation measures are routinely implemented and that they are being effective in achieving the required environmental standards.
The criteria against which the review should be undertaken should be derived from the following:
· the approaches, procedures and commitments given by the Contractor in the EMP;
· the clauses contained within the Contractor’s Contractual Documentation; and
· those parts of the Contractor's method statement which relate to the minimisation of environmental impacts or other specified environmental protection measures.
The reviews should focus on the effectiveness of the implemented measures to achieve the purpose, not simply the fact that a measure has been implemented.
Review protocols should be developed prior to the commencement of works and it is suggested that the protocols should include inspection and auditing of the following:
· the allocation of responsibility for fulfilling environmental requirements and the effectiveness of lines of communication with regard to environmental issues;
· compliance with procedures established to enable an effective response to environmental incidents, exceedances or non-compliances;
· the extent and accuracy of record-keeping related to environmental performance indicators;
· the effectiveness of staff training in ensuring high levels of awareness with regard to environmental requirements; and
· the effectiveness of environmental management activities.
The protocols should comprise checklists of environmental requirements and should be amended, throughout the construction phase as necessary, to focus on areas of frequent non-compliance and to reflect the potential impacts associated with specific activities within the construction programme.
2.3.4 Construction Method Statement
It is common practice for the Contractor to submit details of forthcoming works to the Engineer to seek approval for the commencement of the works as well as the methodology and equipment proposed to be used.
It is recommended that this process be expanded, in line with the adoption of the Contractor's EMP, to require the signature of the Contractor's Environmental Manager who shall comment on deviations of the specific works from that assumed in the project EIA and advise on the implications of the changes in construction methods for achieving the environmental performance criteria set out in the EIA (DE) documentation and the EMP.
This ongoing requirement for the Contractor to review proposed working methods, in terms of their potential to impact upon the environment, will reduce the time taken to implement the necessary environmental control measures and reduce the number of iterations a measure may have to go through before becoming effective.
Any changes in construction methods will need to be reflected in a revised EMP or the Contractor will be required to demonstrate the manner in which the existing EMP shall accommodate the proposed changes.
2.3.5 Electronic Quality Performance Monitoring System
The use of an electronic communication and data recording system would facilitate the rapid and effective communication of the Contractor’s environmental performance, as well as serving as a management tool for the Contractor. The system has the potential to interface with EPD’s Specialised Electronic Environmental Monitoring and Audit (SEEMA) system and so function as a database for the entry of all recorded monitoring and audit information. In addition, the system could:
· automatically issues Notifications of Exceedances and track their completion;
· action Event and Action Plans and track their completion;
· store details of complaints;
· store details of licenses/permits and notify of forthcoming expiry dates;
· store construction activity details and other relevant site information and link these to the EM&A Manual and Implementation Schedule; and
· allow retrieval of electronic versions of the EM&A Manual and other documents.
The environmental management concepts described above have evolved from previous experiences in implementing large scale EM&A’s in Hong Kong. These experiences have shown that in order to harness the full potential of the EM&A process, a number of complementary procedures and tools should be adopted in order to fulfil the wider objectives of the process which include the preservation of the environment.
The uptake and specification of these procedures within the appropriate documents would facilitate a greater level of environmental management and responsibility to be achieved, however, the adoption of some or all of these practises must ultimately be directed by the Client before they can form part of the proposed EM&A programme.