1 INTRODUCTION

1.1 Purpose of the Manual

1.1.1 The purpose of this Environmental Monitoring and Audit (EM&A) Manual is to guide the setup of an EM&A programme to ensure compliance with the recommendations in the EIA study final report on Deep Bay Link - Investigation and Preliminary Design, to assess the effectiveness of the recommended mitigation measures and to identify any further need for additional mitigation measures or remedial action. This Manual outlines the monitoring and audit programme to be undertaken for the construction and operation of the Deep Bay Link (DBL). It aims to provide systematic procedures for monitoring, auditing and minimising of the environmental impacts associated with the construction and operation works.

1.1.2 Hong Kong environmental regulations for air quality, water quality, noise, and waste; the Hong Kong Planning Standards and Guidelines (HKPSG); and recommendations in the EIA study final report on Deep Bay Link - Investigation and Preliminary Design have served as environmental standards and guidelines in the preparation of this Manual.

1.1.3 This Manual contains the following:

(a) duties of the Environmental Team (ET) with respect to the environmental monitoring and audit requirements during construction;

(b) information on project organisation and programming of construction and operational activities for the project;

(c) requirements with respect to the construction and operation schedule and the necessary environmental monitoring and audit programme to track the varying environmental impact;

(d) definition of Action and Limit levels;

(e) establishment of event and action plans;

(f) requirements of reviewing pollution sources and working procedures required in the event of non-compliance of the environmental criteria; and

(g) requirements of presentation of environmental monitoring and audit data and appropriate reporting procedures.

1.1.4 For the purpose of this Manual, the "Engineer" should refer to the Engineer as defined in the Contract and the Engineer's Representative (ER), in cases where the Engineer's powers have been delegated to the ER, in accordance with the Contract. The ET leader, who should be responsible for and in charge of the ET, should refer to the person delegated the role of executing the environmental monitoring and audit requirements.


1.2 Background of the Project

1.2.1 Deep Bay Link (DBL) is a proposed expressway/trunk road of dual-3 lane standard with hard shoulders providing a strategic link between the proposed Shenzhen Western Corridor (SWC) at its landing point at Ngau Hom Shek and a proposed interchange with the Yuen Long Highway (YLH) and the proposed Route 10-North Lantau to Yuen Long Highway (R10-NLYLH ) at Lam Tei. Figure 1.1 shows the proposed alignment of the DBL.

1.2.2 In January 1998, the Transport Department (TD) issued a Client Project Brief (CPB) requesting the Planning Department (PlanD), on behalf of the Highways Department (HyD) to conduct a Preliminary Project Feasibility Study (PPFS) on the feasibility of constructing the DBL. The CPB pointed out the following:

(a) The need for DBL has been established in the "Review of Hong Kong's Capacity to cope with Additional Traffic Movement associated with the Proposed New Cross-Border Transport Links (Crosslinks) Study" in 1996. As proposed in the Crosslinks Study, DBL would serve as the strategic link between the SWC and Hong Kong's highway network.

(b) The DBL should be commissioned as soon as possible, in any case not later than 2005.

(c) In June 1998, PlanD, on behalf of HyD, commenced the PPFS and the associated Preliminary Environmental Review (PER) to establish the feasibility of the project and to meet the necessary procedural requirements in the Public Works Programme process. The PPFS Report was completed in May 1999.

1.2.3 Subsequently, HyD submitted a project profile (No. PP-036/1998) and an application (No. ESB-025/1998) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the EIAO on 11 December 1998. This has led to this EIA study. The following areas identified in the EIA final report will require EM&A during construction or operational phase:

i) noise impact: construction noise and operational noise;

ii) air quality impact: construction dust;

iii) water quality;

iv) waste management;

v) ecology & fisheries; and

vi) landscape and visual.

1.2.4 Currently, the target completion date of mid-2006 has been established using all reasonable endeavour. DBL is proposed to be a dual-3-lane trunk road linking Ngau Hom Shek to an interchange with the YLH and the proposed R10 at Lam Tei. The project is a designated project under the Environmental Impact Assessment Ordinance (EIAO) by virtue of Section A.1 or Q.1 of Schedule 2 under the Ordinance.

EIA Requirements

1.2.5 Since the project is a Designated Project under the Environmental Impact Assessment Ordinance (EIAO) by virtue of Section A.1 or Q.1 of Schedule 2 under the Ordinance, the EIA study has to satisfy the EIAO requirements and to obtain an Environmental Permit for the Project.

1.3 Environmental Monitoring and Audit Requirements

1.3.1 The construction and operational phases impacts of the project are assessed and presented in the EIA study report on Deep Bay Link - Investigation and Preliminary Design. This EIA study final report also specified the recommended environmental mitigation measures to minimise the potential adverse environmental impacts identified. An implementation schedule of the recommended environmental mitigation measures is prepared as part of the EIA Study and is contained in Appendix A of this Manual.

1.3.2 In order to ensure that the mitigation measures recommended in EIA study final report on Deep Bay Link - Investigation and Preliminary Design are implemented fully and resulted in the expected effectiveness, this Manual defines the scope of EM&A requirements for the construction and operation of the DBL to achieve satisfactory environmental performance. The EM&A requirements are prepared in accordance with the requirements stipulated in Annex 21 of the TM on EIA Process.

1.4 Project Organization

1.4.1 The project organisation and lines of communication with respect to environmental protection works are shown in Figure 1.2. The roles and responsibilities of the various parties involved are described in following sections.

Environmental Team (ET)

1.4.2 The ET leader and the ET should not be in any way an associated body of the Contractor. The ET should be led and managed by the ET leader. The ET leader should have relevant education, training, knowledge, experience and professional qualifications subject to approval of the ER's Representative and the Director of Environmental Protection (DEP).

1.4.3 Suitably qualified staff should be included in the ET, and resources for the implementation of the EM&A programme should be allocated in time under the Contract, to enable fulfilment of the project's EM&A requirements as specified in the EM&A Manual during construction and operation.

1.4.4 The ET leader and the ET are employed to conduct the EM&A programme and ensure the Contractor's compliance with the project's environmental performance requirements during construction and operation. The duties are:

(a) sampling, analysis and statistical evaluation of monitoring parameters with reference to the EIA study final report on Deep Bay Link - Investigation and Preliminary Design. recommendations and requirements;

(b) environmental site surveillance;

(c) audit of compliance with environmental protection, and pollution prevention and control regulations;

(d) monitor the implementation of environmental mitigation measures;

(e) monitor compliance with the environmental protection clauses/specifications in the Contract;

(f) review construction and operation programme and comment as necessary;

(g) review construction and operation methodology and comment as necessary;

(h) complaint investigation, evaluation and identification of corrective measures;

(i) liaison with Independent Environmental Checker (IEC) on all environmental performance matters, and timely submission of all relevant EM&A proforma for the approval by IEC;

(j) advice to the Contractor on environment improvement, awareness, enhancement matters, etc., on site and

(k) timely submission of the EM&A report to the project proponent and the DEP.

Contractor

1.4.5 The term "Contractors" should be taken to mean all construction contractors, operators and sub-contractors, working on site at any one time. Besides reporting to the Engineer, the Contractors should:

(a) work within the scope of the relevant contract and other tender conditions;

(b) participate in the site inspections undertaken by the ET, as required, and undertake any correction actions instructed by the Engineer;

(c) provide information/advice to the ET regarding works activities which may contribute, or be continuing to the generation of adverse environmental conditions;

(d) implement measures to reduce impact whenever Action and Limit Levels are exceeded; and

(e) take responsibility and strictly adhere to the guidelines of the EM&A programme and complementary protocols developed by their project staff.

Engineer or Engineer's Representative

1.4.6 The term Engineer, or Engineer's Representative (ER), refers to the organisation responsible for overseeing the construction works or operation of the DBL and 'monitoring' the works undertaken by the various Contractors, and for ensuring that they are undertaken by the Contractors in accordance with the specification and contractual requirements. The ER should:

(a) Monitor the Contractors' compliance with contract specifications, including the implementation and operation of environmental mitigation measures and ensure their effectiveness, and other aspects of the EM&A programme;

(b) Comply with the agreed Event and Action Plan in the event of any exceedance;

(c) Provide assistance to the ET as necessary in the implementation of the environmental monitoring and auditing programme; and

(d) Instruct the Contractors to follow the agreed protocols or those in the Contract Specifications in the event of exceedances or complaints.

Independent Environmental Checker (IEC)

1.4.7 Given the potential public concern of the environmental performance of the proposed DBL, the IEC can serve as an individual independent of the Contractors to audit the overall EM&A program and report to the ER and HyD directly.

1.4.8 The IEC should advise the ER on environmental issues related to the project. The role of the IEC should be independent from the management of construction and operation activities, but he/she should be empowered to audit the environmental performance of construction and operation.

1.4.9 The IEC should be employed prior to commencement of construction of the DBL. The IEC should have at least 7 years experience in EM&A or environmental management. The appointment of the IEC is subject to the approval of the ER.

1.4.10 The IEC should audit the overall EM&A programme including the implementation of all environmental mitigation measures, submissions relating to EM&A, and any other submission required under the this Manual.

1.4.11 In addition, the IEC should be responsible for verifying the environmental acceptability of permanent and temporary works, and relevant design plans.

1.4.12 The IEC should arrange and conduct monthly general site inspections of the DBL during the construction and operational periods.

1.4.13 The IEC should ensure the impact monitoring is conducted according to the prescribed schedule at the correct locations.

1.4.14 The IEC should report the findings of the site inspections and other environmental performance reviews to HyD and EPD.

1.4.15 Appropriate resources should also be allocated under the Contractor and the ER to fulfil their duties specified in this Manual.

1.4.16 The main duty of the IEC is to carry out environmental audit of the construction and operation of the DBL; this should include, inter alia, the followings:

(a) review and audit in an independent, objective and professional manner in all aspects of the EM&A programme;

(b) validate and confirm the accuracy of monitoring results, monitoring equipment, monitoring locations, monitoring procedures and locations of sensitive receivers;

(c) carry out random sample check and audit on monitoring data and sampling procedures, etc;
(d) conduct random site inspection;

(e) audit the EIA/Environmental Assessment recommendations and requirement against the status of implementation of environmental protection measures on site;

(f) review the effectiveness of environmental mitigation measures and project environmental performance;

(g) on a need basis, verify and certify the environmental acceptability of the permit holder's construction methodology (both temporary and permanent works), relevant design plans and submissions under the environmental permit. Where necessary, the IEC shall seek the least impact alternative in consultation with Environmental Team (ET) leader and the permit holder;

(h) verify the investigation results of complaint cases and the effectiveness of corrective measures;

(i) verify EM&A report that has been certified by the ET leader;

(j) feedback audit results to ET/Permit Holder according to Event/Action Plan in the EM&A manual.

Figure 1.2 Project Organisation (EM&A)





1.5 Construction Programme

1.5.1 The construction work of the section of DBL between Ngau Hom Shek and YLH is scheduled to commence in 2003 and completed by 2006. Figure 1.3 is the tentative construction programme of DBL. This programme is for information of the ET leader to get an initial idea of the projection of the works.

1.5.2 Only a broad bush forecast of the construction schedule is available in this preliminary design stage. Due to the complicated land resumption requirements and limited geotechnical data, a detail construction programme could not be derived.

1.5.3 The ET leader should make reference to the actual works progress and programme during the construction stage to schedule the EM&A works, and the Contractor should provide the respective information to the ET leader for formulating the EM&A schedule.

Figure 1.3 Tentative Construction Programme