9. SITE ENVIRONMENTAL AUDIT
9.1 Site Surveillance
9.1.1 Site surveillance provides a direct means to assess and ensure the project's environmental protection and pollution control measures are in compliance with the contract specifications. It should be undertaken regularly and routinely by the ET to inspect the construction activities of the SWC project in order to ensure that appropriate environmental protection and pollution control mitigation measures are properly and timely implemented in accordance with EIA recommendations. With well-defined pollution control and impact mitigation specifications and a well-established efficient and remedial action reporting system, site inspection is an effective "tool" to ensure acceptable environmental performance on the construction site.
9.1.2 The ET Leader is responsible for formulation of the environmental site inspection, deficiency and remedial action reporting system, and for carrying out the site inspection works. He/she should in consultation with the IEC, prepare a procedure for the site inspection, deficiency and remedial action reporting requirements; and submit to the Contractor for agreement and to the ER for approval, within 21 days of the commencement of the construction contract.
9.1.3 Regular site inspections should be carried out at least once per week for all work areas during both construction and operational phases of SWC. The inspections should cover the environmental situation, pollution control and mitigation measures within the site. They 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 Leader should make reference to the following information in conducting the inspection:
· the EIA recommendations and requirements on environmental
protection and pollution control mitigation measures;
· works progress, programme, site/aerial photos and site plans;
· individual construction works methodology proposals (which should include proposals on associated pollution control measures);
· the contract specifications for environmental protection and pollution prevention control;
· the relevant environmental protection and pollution control laws, ProPECC Notes; and
· previous site inspection results.
9.1.4 The Contractor should update the ET Leader with all relevant information of the construction contract for him/her to carry out the site inspections. The inspection report results and its recommendations for any necessary improvements in the project's environmental performance should be submitted, in a site inspection proforma, to the IEC and the Contractor within 24 hours, for reference and the taking of immediate remedial action. The Contractor should follow the procedures and time-frame as stipulated in the environmental site inspection, deficiency and remedial action reporting system which is formulated by the ET Leader to report on any remedial measures subsequent to the site inspections.
9.1.5 Ad hoc site inspections should also be carried out by the ET and/or IEC if major unacceptable or unforeseen 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 environmental monitoring and audit.
9.2 Compliance with Legal and Contractual Requirements
9.2.1 There are contractual environmental protection and pollution control requirements as well as environmental protection and pollution prevent and control laws in Hong Kong that the construction and operation of SWC should comply with.
9.2.2 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 should be sent to the ET Leader for vetting to see whether sufficient environmental protection and pollution control measures have been included.
9.2.3 The ET Leader should 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.
9.2.4 The Contractor should regularly copy relevant documents to the ET Leader so that the checking of the project's environmental performance could be carried out effectively. The documents to be submitted by the Contractor should at least include the updated Work Progress Reports, the Works Programme, application for any necessary licence/permits under relevant environmental protection laws, and all the valid licence/permits received to date. The site diary should also be available for the ET Leader's inspection upon his/her request.
9.2.5 After reviewing the documents, the ET Leader should advise the Contractor of any non-compliance with the project contractual and legislative requirements on environmental protection and pollution control for them to take follow-up and appropriate remedial actions. If the ET Leader's review concludes that the current status on licence/permit application and any planned environmental protection and pollution control works may not cope with the works programme, or may result in potential violation of environmental protection and pollution control requirements, the ET leader should also advise the Contractor and the ER accordingly. The review should be copied to IEC for any follow-up action.
9.2.6 Upon receipt of the advice, the Contractor should undertake immediate action to remedy the situation. The ER should follow up to ensure that appropriate action has been taken by the Contractor in order that the project's environmental protection and pollution control requirements are fulfilled.
9.3 Environmental Complaints
9.3.1 Complaints should be referred to the ET Leader for carrying out complaint investigation procedures. The ET Leader should undertake the following procedures upon receipt of the complaints:
(a) log complaint and date of receipt onto the complaint
database and inform the IEC immediately;
(b) investigate the complaint to determine its validity, and to assess whether the source of the problem is due to project works;
(c) if a complaint is valid and due to project works, identify mitigation measures and in consultation with the IEC;
(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 complaint 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 complainant (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.
If the source is identified through HyD, the "HyD's Public Complaints and Enquiries Handling Procedure" should be referred (Appendix C).
9.3.2 During the complaint investigation work, the Contractor and the ER should cooperate with the ET Leader in providing all the necessary information and assistance for completion of the investigation. If mitigation measures (in consultation with the IEC) are required following the investigation, the Contractor should promptly carry out the measures. The ER should ensure that the measures would be carried out by the Contractor.
9.3.3 A flow chart of the complaint response procedures is shown in Figure EM9.1. A sample complaint log in shown in Appendix B-7.
Figure EM9.1 Complaint Response Procedure
Note: * "Public Complaints and Enquiries Handling Procedure" will be updated by HyD as needed.