12.1                     Site Inspection             Site inspection provides a direct means to initiate and enforce specified environmental protection and pollution control measures.  These should be undertaken routinely to inspect construction activities in order to ensure that appropriate environmental protection and pollution control mitigation measures are properly implemented.  The site inspection is one of the most effective tools to enforce the environmental protection requirements at the works area.             The ET Leader should be responsible for formulating the environmental site inspection, the deficiency and action reporting system, and for carrying out the site inspection works.  He / she should submit a proposal for site inspection and deficiency and action reporting procedures to the Contractor for agreement, and to the ER for approval.  The ET’s proposal for rectification would be made known to the IEC.             Regular site inspections should be carried out at least once per week.  The areas of inspection should not be limited to the environmental situation, pollution control and mitigation measures within the site, the site inspections should also review the environmental situation outside the works 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:-

(i)          The EIA and EM&A recommendations on environmental protection and pollution control mitigation measures (including e.g. dust control measures and good site practice measures for ecological impact);

(ii)        Ongoing results of the EM&A programme;

(iii)       Work progress and programme;

(iv)       Individual work methodology proposals (which shall include proposal on associated pollution control measures);

(v)         Contract specifications on environmental protection;

(vi)       Relevant environmental protection and pollution control laws; and

(vii)      Previous site inspection results undertaken by the ET and others.             The Contractor should keep the ET Leader updated with all relevant information on the construction contract necessary for him / her to carry out the site inspections.  Inspection results and associated recommendations for improvements to the environmental protection and pollution control works should be submitted to the IEC and the Contractor within 24 hours for reference and for taking immediate action.  The Contractor should follow the procedures and time-frame as stipulated in the deficiency and action reporting system formulated by the ET Leader to report on any remedial measures subsequent to the site inspections.             The ET should also carry out ad hoc site inspections if significant environmental problems are identified.  Inspections may also be required subsequent to receipt of environmental complaint, or as part of the investigation work, as specified in the Action Plan for environmental monitoring and audit.

12.2                     Compliance with Legal and Contractual Requirements             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.             In order to ensure that the works are undertaken in compliance with the contractual requirements on environmental aspects, all 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.  The implementation schedule of mitigation measures is summarised in Appendix 12.1.             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 laws could be prevented.             The Contractor should regularly copy relevant documents to the ET Leader so that works checking could be carried out.  The document should 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 should also be available for the ET Leader's inspection upon his / her request.             After reviewing the documentation, the ET Leader should advise the IEC and the Contractor of any non-compliance with contractual and legislative requirements on environmental protection and pollution control for them to take follow-up actions.  If the ET Leader's review concludes that the current status on licence / permit application and any environmental protection and pollution control preparation works may result in potential violation of environmental protection and pollution control requirements, he / she should also advise the Contractor and the ER accordingly.             Upon receipt of the advice, the Contractor should undertake immediate action to correct the situation.  The ER should follow up to ensure that appropriate action has been taken to satisfy contractual and legal requirements.

12.3                     Environmental Complaints             Complaints should be referred to the ET Leader for action.  The ET Leader should undertake the following procedures upon receipt of any complaint:

(i)          log complaint and date of receipt onto the complaint database and inform the IEC immediately;

(ii)        investigate the complaint to determine its validity, and assess whether the source of the problem is due to works activities;

(iii)       identify mitigation measures in consultation with the IEC if a complaint is valid and due to works;

(iv)       advise the Contractor if mitigation measures are required;

(v)         review the Contractor's response on the identified mitigation measure(s) and the updated situation;

(vi)       if the complaint is transferred from the EPD, submit interim report to the EPD on status of the complaint investigation and follow-up action within the time frame assigned by the EPD;

(vii)      undertake additional monitoring and audit to verify the situation if necessary, and review that circumstances leading to the complaint do not recur;

(viii)    report investigation results and subsequent actions to complainant (if the source of complaint is EPD, the results should be reported within the timeframe assigned by the EPD); and

(ix)      record the complaint, investigation, the subsequent actions and the results in the monthly EM&A reports.             A flowchart indicating the complaint handling procedures is presented in Figure 12.1.