9.1 Site inspection provides a direct means to initiate and enforce specified environmental protection and pollution control measures. These shall be undertaken routinely to inspect construction activities in order to confirm that appropriate environmental protection and pollution control mitigation measures (including mitigation measures listed in the implementation schedule presented in Appendix A) are properly implemented. Site inspection is one of the most effective tools to enforce the environmental protection requirements on site.
9.2 The ET Leader shall be responsible for formulating the environmental site inspection, the deficiency and action reporting system, and for carrying out the site inspection works. He shall submit a proposal for site inspection and deficiency and action reporting procedures to the IEC for agreement, and to the ER for approval. The Contractor’s proposal for rectification would be made known to the ER and IEC.
9.3 Regular site inspections led by the ET leader 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 Project sites 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:
· the EIA and EM&A recommendations on environmental protection and pollution control mitigation measures
· The Environmental Permit conditions
· ongoing results of the EM&A program
· works progress and programme
· individual works methodology proposals (which shall include proposal on associated pollution control measures)
· contract specifications on environmental protection
· relevant environmental protection and pollution control laws
· previous site inspection results undertaken by the ET and others
9.4 The Contractor shall keep the ET Leader updated with all relevant information on the construction contract necessary for him to carry out the site inspections. Inspection results and associated recommendations for improvements to the environmental protection and pollution control works shall be submitted to the IEC and the Contractor within 24 hours for reference and for taking immediate action. The Contractor shall follow the procedures and time-frame stipulated in the environmental site inspection, and the deficiency and action reporting system formulated by the ET Leader, to report on any remedial measures subsequent to the site inspections.
9.5 The ET shall also carry out ad hoc site inspections 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.
Compliance with Legal and Contractual Requirements
9.6 There are contractual environmental protection and pollution control requirements as well as environmental protection and pollution control laws in Hong Kong with which construction activities must comply.
9.7 In order that the works are in compliance with the contractual requirements, relevant sections (e.g. sections related to environmental measures) of works method statements submitted by the Contractor to the ER for approval shall be sent to the ET Leader for vetting to see whether sufficient environmental protection and pollution control measures have been included.
9.8 The ET Leader shall also keep himself informed of the progress and programme of the works to check that relevant environmental laws have not been violated, and that any foreseeable potential for violation can be prevented.
9.9 The Contractor shall regularly copy relevant documents to the ET Leader so that works checking can be carried out. The document shall at least include the updated Works Progress Reports, updated Works Programme, any application letters for different licence / permits under the environmental protection laws, and copies of all valid licences / permits. The site diary shall also be made available for the ET Leader's inspection upon his request.
9.10 After reviewing the documentation, the ET Leader shall advise the Contractor of any non-compliance with contractual and legislative requirements on environmental protection and pollution control for them to take follow-up actions, including any potential violation of requirements.
9.11 Upon receipt of the advice, the Contractor shall undertake immediate action to correct the situation. The ER shall follow up to ensure that appropriate action has been taken in order to satisfy contractual and legal requirements.
9.12 Handling of environmental complaints should follow the environmental complaint flow diagram and reporting channel as presented in Figure 9.1.
9.13 During the complaint investigation work, the Contractor and ER shall cooperate with the ET in providing all necessary information and assistance for completion of the investigation. If mitigation measures are identified in the investigation, the Contractor shall promptly carry out the mitigation works. The ER shall ensure that the measures have been carried out by the Contractor.