10.1 Site
Inspections
10.1.1 Site inspections provide a direct means to assess and ensure the Contractor’s environmental protection and pollution control measures are in compliance with the contract specifications. Site inspections shall be undertaken routinely by the Environmental Specialist (ES) (see Section 1) to inspect the construction activities in order to ensure that appropriate environmental protection and pollution control mitigation measures are properly implemented in accordance with the EIA.
10.1.2 The ES is
responsible for the formulation of an environmental site inspection, deficiency
and remedial action reporting system and for carrying out the site inspection
works. In consultation with the
Independent Checker (Environmental) (IC(E)), the ES shall prepare a procedure
for the site inspection, deficiency and remedial action reporting requirements
and submit this to the Contractor for agreement and to the Engineer’s
Representative (ER) for approval within 21 days of commencement to the
construction contract.
10.1.3 Regular site
inspections shall be carried out at least once per week. The areas of
inspection shall not be limited to the site area and should also include the
environmental conditions outside the site which are likely to be affected,
directly or indirectly, by the site activities.
10.1.4 The ES shall make
reference to the following information while conducting the inspections:
(i) the EIA recommendations on environmental protection and pollution control mitigation measures as stated in the EIA report;
(ii) work progress and programme;
(iii) individual works methodology proposals;
(iv) the contract specifications on environmental
protection;
(v) the relevant environmental protection and
pollution control laws;
(vi) previous site inspection results; and
(vii) environmental monitoring data.
10.1.5 The Contractor shall update the ES with all relevant information on the construction works prior to carrying out the site inspections. The site inspection results and associated recommendations on improvements to the environmental protection and pollution control works shall be submitted, in a site inspection proforma (see Appendix B), by the ES to the IC(E), 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 remedial action reporting system to report on any remedial measures subsequent to site inspections.
10.1.6 Ad hoc site inspections shall also be carried out by the ES and IC(E) if significant environmental problems are identified. Inspections may also be required subsequent to receipt of an environmental complaint (an example of the complaint log is provided in Appendix B) or as part of the investigation work as specified in the Action Plan for environmental monitoring and audit.
10.2 Compliance with Legal and Contractual Requirements
10.2.1 There are contractual environmental protection and pollution control requirements as well as environmental protection and pollution control laws in Hong Kong with which the construction activities shall comply.
10.2.2 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 ES for vetting to see whether sufficient environmental protection and pollution control measures have been included.
10.2.3 The ES shall also review the progress and programme of the works to check that relevant environmental laws have not been violated and that any foreseeable potential for violating the laws can be prevented.
10.2.4 The Contractor shall regularly copy relevant documents to the ES so that the checking work can be carried out. The documents shall include at minimum the updated Work Progress Reports, the updated Works Programme, the application letters for different licence/permits under the environmental protection laws and all valid licence/permit. The site diaries shall also be available for the ES’s inspection upon request.
10.2.5 After reviewing the document, the ES shall advise the IC(E), 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. The ES shall also advise the IC(E), the Contractor and the ER on the current status on licence/permit applications and any environmental protection and pollution control preparation works that may not be suitable for the works programme or may result in potential violation of environmental protection and pollution control requirements.
10.2.6 Upon receipt of the advice, the Contractor shall undertake immediate action to remedy the situation. The ES, IC(E) and 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.
10.3.1 Complaints shall be referred to the ES for carrying out complaint investigation procedures. The ES shall prepare a flow chart of the complaint response procedures that addresses, complaint receiving channels, responsible parties/contacts for information, the investigation process, procedures for the implementation of mitigation/remedial action, guidelines for communication and public relation with the complainant etc. The flow chart should be agreed by all parties and issued to the Contractor, ER and IC(E) for reference.
10.3.2 The ES shall undertake the following procedures upon receipt of a complaint:
(i) log complaint and date of receipt into
the complaint database and inform the IC(E) immediately;
(ii) investigate the complaint and discuss with the Contractor to
determine its validity and to assess whether the source of the problem is due
to works activities;
(iii) if a complaint is considered valid by the ER or EPD and due to
the works, the ES shall identify mitigation measures in consultation with the
IC(E);
(iv) if mitigation measures are required, the ES shall advise the
Contractor accordingly;
(v) review the Contractor's response on the identified mitigation
measures and the updated situation;
(vi) if the complaint is transferred from EPD, an interim report
shall be submitted to EPD on the status of the complaint investigation and
follow-up action within the time frame assigned by EPD;
(vii) undertake additional monitoring and audit to verify the
situation if necessary and ensure that any valid reason for complaint does not
recur;
(viii) report the investigation results and the subsequent actions on
the source of the complaint for responding to complainant. If the source of complaint is EPD, the
results should be reported within the time frame assigned by EPD; and
(ix) record the complaint, investigation, the subsequent actions and
the results in the monthly EM&A reports.
10.3.3 During the complaint investigation work,
the Contractor and ER shall cooperate with the ES in providing all the
necessary information and assistance for completion of the investigation. If mitigation measures are identified in the
investigation by the ES, in consultation with the IC(E), the Contractor shall
promptly carry out the mitigation measures.
The ES and ER shall approve the proposed mitigation measures and check
that the measures have been carried out by the Contractor.
10.4 Choice of Construction Method
10.4.1 At times during the construction phase the
Contractor may submit method statements for various aspects of construction.
This state of affairs would only apply to those construction methods that the
EIA has not imposed conditions while for construction methods that have been
assessed in the EIA, the Contractor is bound to follow the requirements and
recommendations in the EIA study. The
Contractor’s options for alternative construction methods may introduce adverse
environmental impacts into the project.
It is the responsibility of the ES, in accordance with established
standards, guidelines and EIA study recommendations and requirements, to review
and determine the adequacy of the environmental protection and pollution
control measures in the Contractor’s proposal in order to ensure no
unacceptable impacts would result. To achieve this end, the ES shall provide a
copy of the Proactive Environmental Protection Proforma as shown in Appendix
B to the IC(E) for approval. The IC(E)
should audit the review of the construction method and endorse the proposal on
the basis of no adverse environmental impacts.