Environmental Impact Assessment Ordinance (Cap. 499) Section 5 (7)
Environmental Impact Assessment Study Brief No. ESB-061/2000
Project Title : Proposed Joint User Complex and Wholesale Fish Market at Area 44 Tuen Mun
Name of Applicant: Allied Environmental Consultants Limited
1.1 An application (No.ESB-061/2000) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the captioned Applicant on 29 August 2000 with a Project Profile (No.PP-104/2000).
1.2 The Applicant on behave of Architectural Services Department of the Hong Kong SAR proposes to build a Joint User Complex and Wholesales Fish Market (WFM Complex) at Area 44 in Tuen Mun. The WFM Complex is to provide a permanent site for the relocation of the existing temporary wholesale fish market at Tuen Mun Area 27 and to accommodate social welfare facilities such as library and community hall for public use. The location of the site is shown in the attached Figure 1. The proposed development will consist of a 5 storys building to accommodate the wholesale fish market at the ground floor, a community hall on the first floor, a public library on the second, third and fourth floor and a landscape deck on the rooftop.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this Environmental Impact Assessment (EIA) study brief to the Applicant to carry out an EIA study.
1.4 The purpose of this EIA study is to provide information on the nature and extent of environmental impact arising from the construction and operation of the proposed scope of work as described in section 1.2 above and related activities taking place concurrently. This information will contribute to decisions by the Director on:
(i) the overall acceptability of any adverse environmental consequences that are likely to arise as a result of the proposed project;
(ii) the conditions and requirements for the detailed design, construction and operation of the proposed project to mitigate against adverse environmental consequences wherever practicable; and
(iii) the acceptability of residual impacts after the proposed mitigation measures are implemented.
2. OBJECTIVES OF THE EIA STUDY
2.1. The objectives of the EIA study are as follows:
(i) to describe the proposed project and associated works in detail together with the requirements for carrying out the proposed project;
(ii) to identify and describe the elements of the community and environment likely to be affected by the proposed project and/or likely to cause adverse impacts to the proposed project, including both the natural and man-made environment;
(iii) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(iv) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;
(v) to identify, predict and evaluate the residual (i.e. after practicable mitigation) environmental impacts and the cumulative effects expected to arise during the construction and operation phases of the project in relation to the sensitive receivers and potential affected uses;
(vi) to identify, assesses and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to minimize any environmental impacts as far as practicable and reducing them to acceptable levels;
(vii) to investigate the extent of side-effects of proposed mitigation measures that may lead to other forms of impacts;
(viii) to identify constraints associated with the mitigation measures recommended in the EIA study;
(ix) to design and specify the environmental monitoring and audit requirements, if required, to ensure the implementation and the effectiveness of the environmental protection and pollution control measures adopted; and
(x) to consider alternative site(s) and to compare the environmental benefits and dis-benefits of each of the site in selecting a preferred site.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The purpose of this study brief is to scope the key issues of the EIA study. The Applicant has to demonstrate in the EIA report that the criteria in the relevant sections of the Technical Memorandum on the Environmental Impact Assessment Process of the Environmental Impact Assessment Ordinance (hereinafter referred to as the TM), are fully complied with.
3.2 The scope of the EIA study shall cover the proposed project mentioned in Section 1.2 above, with the proposed works area as shown in the attached Figure 1. The EIA study shall make reference to the operation of the existing wholesale fish market at Tuen Mun Area 27 in addressing the likely key issues describe below, together with any other key issues identified during the course of the EIA study:-
(i) water quality impacts during construction and operation, including sewage treatment and disposal systems, and land drainage and stormwater system;
(ii) air quality impacts arising from construction and operation of the development including odour impact, air emission from marine vessels accessing to and from the WFM to nearby sensitive receivers including joint user complex of the subject development;
(iii) noise impacts arising from construction and operation of the development, including both on-site and off-site operation activities such as idling vehicles noise, human shouting, using of public addressing equipment, manoeuvring and mooring of marine vessels etc., which normally take place at the early hours of morning;
(iv) waste management relating to construction and operation of the development; and
(v) the hazard to life of the flowing population in the WFM Complex due to the LPG store in the northwest of the proposed development.
3.3 The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above.
3.4 The EIA study shall include the following technical requirements on specific impacts as shown in Sections 3.4.1 to 3.4.8.
3.4.1 Air Quality Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines for evaluating and assessing air quality impact as stated in section 1 of Annex 4 and Annex 12 of the TM respectively.
22.214.171.124 The "Assessment Area" for air quality impact shall generally be defined by a distance of 500m from the boundary of the project site as described in section 1.2 above and it may be extended depending on the circumstances and the scale of the project.
126.96.36.199 The Applicant shall assess the air pollutant concentrations in accordance with the latest set of Guidelines for Local-Scale Air Quality Assessment Using Models issued by the Modelling Section, Air Policy Group, Environmental Protection Department, HKSAR. (ref. EPD's home page under items for Air - http://www.info.gov.hk/epd).
188.8.131.52 The air quality impact assessment shall include the following:
Background and analysis of activities
(i) Provide background information relating to air quality issues relevant to the project, e.g. description of the types of activities during both constructional and operational stage of the project.
(ii) Give an account, where appropriate, of the consideration/measures that had been taken into consideration in the planning of the project to abate the air pollution impact. That is, the Applicant should consider alternative construction methods/phasing programmes and alternative modes of operation to minimize the constructional and operational air quality impact respectively.
(iii) Present the background air quality levels in the assessment area for the purpose of evaluating the cumulative constructional and operational air quality impacts.
Identification of ASRs and examination of emission/dispersion characteristics
(iv) Identify and describe representative existing and planned/committed air sensitive receivers (ASRs) that would likely be affected by the project. The Applicant shall select the assessment points of the identified ASRs such that they represent the worst impact point of these ASRs. A map showing the location and a description including the name of the buildings, their uses and height of the selected assessment points shall be given. The separation distances of these ASRs from the nearest emission sources should also be given. For phased development, the Applicant should review the development programme to take into consideration the construction stages so as to include occupiers of early phases as ASRs if they may be affected by works at later phases.
(v) Provide an exhaustive list of air pollutant emission sources, including any nearby emission sources which are likely to have impact on the project based on the analysis of the constructional and operational activities of the project in (i) above. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction materials handled, odor emission strength etc.) shall be obtained from the relevant government department/authorities and documented.
Constructional air quality impact
(vi) The Applicant shall follow the requirements of the Air Pollution Control (Construction Dust) Regulation in dust control to ensure construction dust impacts are controlled within the relevant standards as stipulated in section 1 of Annex 4 of the TM. An audit and monitoring program during constructional stage shall be initiated to verify the effectiveness of the control measures and to ensure that the construction dust levels be brought under control.
(vii) If the Applicant anticipates a significant construction dust impact that will likely cause exceedance of the recommended limits in the TM at the ASRs despite incorporation of the dust control measures, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow (ix) to (xii) below when carrying out the quantitative assessment.
Operational air quality impact
(viii) With reference to the operation of the existing WFM at Tuen Mun Area 27, the Applicant shall calculate the expected air pollutant concentrations, including the potential emissions of odour from various on-site and off-site activities of daily operation of the WFM on the identified ASRs. Calculations for the expected impact shall be based on an assumed reasonably worst case scenario. The Applicant shall follow (ix) to (xii) below when carrying out the quantitative assessment.
Quantitative Assessment Methodology
(ix) The Applicant shall apply the general principles enunciated in the modeling guidelines while making allowance for the specific characteristic of each project. This specific methodology must be documented in such level of details (preferably with tables and diagrams) to allow the readers of the assessment report to grasp how the model is set up to simulate the situation at hand without referring to the model input files. Details of the calculation of the emission rates of air pollutants for input to the modeling shall be presented in the report. The Applicant must ensure consistency between the text description and the model files at every stage of submission. Prior agreement of the general methodology between the Applicant and the Air Policy Group is advised.
(x) The Applicant shall, based on the nature of the activities analyzed in (i) above, identify the key/representative air pollutant parameters (types of pollutants and the averaging time concentration) to be evaluated and provide explanation for choosing these parameters for the assessment of the impact of the project.
(xi) The Applicant shall calculate the cumulative air quality impact at the identified ASRs and compare these results against the criteria set out in section 1 of Annex 4 in the TM. The predicted air quality impacts (both unmitigated and mitigated) shall be presented in the form of summary table and pollution contours, for comparison with relevant air quality standards and examination of the land use implications of these impacts. Plans of suitable scale should be used for presentation of pollution contour for determining buffer distances required.
Mitigating measures for non-compliance
(xii) The Applicant shall propose remedies and mitigating measures where the predicted air quality impact exceeds the criteria set in section 1 of Annex 4 in the TM. These measures and any constraints on future land use planning shall be agreed with the relevant government departments/authorities and documented. The Applicant shall demonstrate quantitatively that the resultant impacts after incorporation of the proposed mitigating measures will comply the criteria stipulated in section 1 of Annex 4 in the TM.
Submission of model files
(xiii) All input and output file(s) of the model run(s) shall be submitted to Air Policy Group of EPD in electronic format.
3.4.2 Noise Impact
184.108.40.206 The Applicant shall follow the criteria and guidelines for evaluating and assessing noise impact as stated in Annexes 5 and 13 of the TM, respectively.
220.127.116.11 The noise impact assessment shall include the following :
(i) Determination of Assessment Area
The "Assessment Area" for the noise impact assessment shall include all areas within 300m from the boundary of the project site as described in section 1.2 above. Subject to the agreement of the Director, the assessment area could be reduced accordingly if the first layer of noise sensitive receivers, closer than 300m from the project boundary, provides acoustic shielding to those receivers at further distance behind.
(ii) Provision of Background Information and Existing Noise Levels
The Applicant shall provide all background information relevant to the project and make reference to the operation of the existing wholesale fish market at Tuen Mun Area 27. Unless involved in the planning standards, e.g. those for planning of fixed noise sources, no existing noise levels are particularly required.
(iii) Identification of Noise Sensitive Receivers(a) The Applicant shall refer to Annex 13 of the TM when identifying the noise sensitive receivers (NSRs). The NSRs shall include all existing NSRs and all planned/committed noise sensitive developments and uses earmarked on the relevant Outline Zoning Plans, Outline Development Plans and Layout Plans.
(b) The Applicant shall select assessment points to represent all identified NSRs for carrying out quantitative noise assessment described below. The assessment points shall be agreed with the Director prior to the quantitative noise assessment. A map showing the location and description such as name of building, use, and floors of each and every selected assessment point shall be given.
(iv) Provision of an Emission Inventory of the Noise Sources
The Applicant shall provide an inventory of noise sources during construction and operation, including the noise from operation activities on the manoeuvring/moored vessels, and trucks travelling along and, if any, queuing at the access route of the proposed project. Confirmation of the validity of the inventory shall be obtained from the relevant government departments/authorities.
(v) Construction Noise Assessment(a) The Applicant shall carry out assessment of noise impact from construction (excluding percussive piling) of the project during day time, i.e. 7 a.m. to 7 p.m., on weekdays other than general holidays in accordance with the methodology stipulated in paragraphs 5.3 and 5.4 of Annex 13 of the TM. The criteria in Table 1B of Annex 5 of the TM shall be adopted in the assessment.
(b) To minimize the construction noise impact, alternative construction methods to replace percussive piling shall be proposed as far as practicable.
(c) If the unmitigated construction noise levels are found exceeding the relevant criteria, the Applicant shall propose practicable direct mitigation measures (including movable barriers, enclosures, quieter alternative methods, re-scheduling and restricting hours of operation of noisy task) to minimize the impact. If the mitigated noise levels still exceed the relevant criteria, the duration of the noise exceedance shall be given.
(vi) Operational Noise Assessment(a) Fixed Noise Sources
(a1) The Applicant shall assess all fixed noise sources within the "Assessment Area", including all on-site and off-site activities relating to the operations of the Wholesale Fish Market Complex. The Applicant shall calculate the expected noise using standard acoustics principles. Calculations for the expected noise shall be based on assumed plant inventories and utilization schedule for the worst case scenario. The Applicant shall calculate the noise levels taking into account of correction of tonality, impulsiveness and intermittency in accordance with the Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Construction Sites.
(a2) The Applicant shall present the existing and future noise levels in Leq (30 min) at the NSRs at various representative floor levels (in m P.D.) on tables and plans of suitable scale.
(a3) A quantitative assessment at the NSRs for the proposed/identified fixed noise source(s), including the noise from operation activities on the manoeuvring/moored vessels, and queuing of trucks at the access route shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.
(a4) The Applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs.
(b) Noise from Truck Traffic along Access Route
(b1) The applicant shall assess the expected noise emitted from the vehicles accessing the Wholesale Fish Market Complex using standard acoustics principles.
(b2) The applicant shall assess the noise from truck traffic along the access route and identify appropriate mitigation measures such as alternative access route to and from the WFM.
(b3) The Applicant shall present the existing and future noise levels at the NSRs at various representative floor levels (in m PD) on tables and plans of suitable scale.
(b4) The applicant shall propose direct technical remedies within the project limits in all situations where the predicted noise level exceeds the criteria set out in Table 1A of Annex 5 of the TM to protect the affected NSRs
(vii) Assessment of Side Effects and Constraints
The Applicant shall identify, assess and propose means to minimize any side effects and to resolve any potential constraints due to the inclusion of any recommended direct technical remedies.
(viii) Evaluation of Constraints on Planned Noise Sensitive Developments/Land Uses(a) For planned noise sensitive uses which will still be affected even with all practicable direct technical remedies in place, the Applicant shall propose, evaluate and confirm the practicality of additional measures within the planned noise sensitive uses and shall make recommendations on how these noise sensitive uses will be designed for the information of relevant parties.
(b) The Applicant shall take into account the agreed environmental requirements/constraints identified by the study to assess the development potential of the concerned sites, which shall be made known to the relevant parties.
3.4.3 Water Quality Impact
18.104.22.168 The Applicant shall follow the criteria and guidelines for evaluating and assessing water pollution as stated in Annex 6 and 14 of the TM, respectively.
22.214.171.124 The Applicant shall identify, assess and quantify those activities likely to cause water pollution during construction and operation of the WFM Complex. Such activities shall include all existing and future waste water generation activities and analysis on the adequacy of existing and future sewerage infrastructure.
126.96.36.199 The Applicant shall make proposal for upgrading or providing any effective infrastructure, water pollution prevention and mitigation measures to be implemented during the construction and operation of the WFM Complex so as to reduce the water quality impacts to within standards.
188.8.131.52 The Applicant shall incorporate the requirements identified in section 184.108.40.206 in the project contract document.
220.127.116.11 The Applicant shall investigate and propose best management practices to reduce storm water and non-point source pollution as appropriate.
3.4.4 Waste Management Implications
18.104.22.168 The Applicant shall follow the criteria and guidelines for evaluating and assessing waste management implications as stated in Annexes 7 and 15 of the TM, respectively.
22.214.171.124 The assessment of waste management implications shall cover the following :
(i) Analysis of Activities and Waste Generation
The Applicant shall identify the quantity, quality and timing of the waste arising as a result of the construction and operation activities, based on the sequence and duration of these activities.
(ii) Proposal for Waste Management(a) Prior to considering the disposal options for various types of wastes, opportunities for reducing waste generation and on-site or off-site re-use shall be fully evaluated. Measures which can be taken in the planning and design stages, e.g., by modifying the design approach and in the construction stage for maximizing waste reduction shall be separately considered.
(b) Having taken into account all the opportunities for reducing waste generation and maximizing re-use, the types and quantities of the wastes required to be disposed of as a consequence shall be estimated and the disposal options for each type of waste described in detail. The disposal method recommended for each type of wastes shall take into account the result of the assessment set out in (c) below.
(c) The impact caused by handling (including labelling, packaging & storage), collection, and disposal of wastes shall be addressed in detail and appropriate mitigation measures proposed. This assessment shall cover the following areas :
- potential hazard;
- air and odour emissions;
- wastewater discharge; and
- public transport.
3.4.5 Hazard to Life
126.96.36.199 The Applicant shall follow the criteria for evaluating hazard to life as stated in Annexes 4 and 22 of the TM in conducting hazard assessment.
188.8.131.52 Since the proposed Joint User Complex and Wholesale Fish Market is located within the consultation zone of a Potential Hazardous Installations (PHI), namely the ESSO LPG Compound at Tuen Mun Area 44 as shown in Figure 1.2, the Applicant shall carry out hazard assessment as follows:
(a) assess the risks associated with all aspects of the construction and operation of the proposed project;
(b) in conducting the assessment the hazards associated with the storage and use of any other dangerous goods or hazardous activities present on site shall also be assessed;
(c) assess the risk posed by Esso LPG Storage Compound at Tuen Mun Area 44 as a result of the introduction of the population due to the proposed development, so as to demonstrate that the criteria in the Government Risk Guidelines are met. The proposal for the development together with the risk assessment report should be submitted to Committee on Land-use Planning and Control relating to Potentially Hazardous Installation (CCPHI) for consideration.
(d) recommend mitigation measures where the risk is considered in the ALARP (As Low As Reasonably Practicable) region, and to quantify the reduction in risk achievable by these means;
(e) address and recommend measures, if considered necessary, that would prevent accidental damage to the adjacent PHIs and their associated pipelines during construction and operation of the proposed project.
3.4.6 Summary of Environmental Outcomes
184.108.40.206 The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended and residual impacts.
3.4.7 Environmental Monitoring & Audit (EM&A) Requirements
220.127.116.11 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A and environmental management system (EMS) activities during the construction and operation phases of the proposed developments and, if affirmative:
(i) to define the scope of the EM&A requirements for the proposed developments in the EIA study; and
(ii) to set out the EMS requirements for the construction and operation of the proposed developments to achieve satisfactory environmental performance.
18.104.22.168 Subject to the confirmation of EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM.
22.214.171.124 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in the attached Annex 1 or as approved by the Director) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme. To facilitate issue of Environmental Permits (EPs) in future, the implementation schedules shall be grouped under individual works packages in separate designated projects where applicable.
126.96.36.199 Should the EIA study identifies the need for EM&A, the Applicant shall include necessary provisions in the EM&A proposal to make available to the public pertinent environmental monitoring data via internet access in the form of a website.
3.4.8 Monitoring and Audit Requirement of the Proposed Developments
188.8.131.52 The Applicant should note the monitoring and audit requirement stipulated in paragraph 8.1 of the TM. The Proponent shall proposed an environmental monitoring and audit programme in the EIA report to verify the predictions and the effectiveness of mitigation measures including audit on compliance during the operation phase of the project.
4 DURATION OF VALIDITY
This EIA study brief is valid for 24 months from the date of issue. If the EIA study does not commence within this period, the Applicant shall apply to the Director for another EIA study brief afresh before commencement of the EIA study.
5 REPORT REQUIREMENTS
5.1 In preparing the EIA report, the Applicant shall refer to Annex 11 of the TM for the contents of an EIA report. The Applicant shall also refer to Annex 20 of the TM which stipulates the guidelines for the review of an EIA report.
5.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :
(i) 50 hard copies of the EIA report in English and 80 hard copies of the Executive Summary (each bilingual in both English and Chinese) as required under section 6(2) of the EIAO to be supplied at the time of application for approval of the EIA report, unless advised otherwise by the Director;
(ii) where necessary, addendum to each copy of the EIA report and the Executive Summary submitted in (i) above, upon advice by the Director.
(iii) for the purpose of the public inspection required under section 7(1) of the EIAO, 50 hard copies of the EIA report and 80 hard copies of the Executive Summary (each bilingual in both English and Chinese), including any addendum if required in section 5.2 (ii) above, to be supplied to the locations stipulated in the "Guidance Note on Advertisement and Public Inspection of Documents" issued under the EIAO, unless advised otherwise by the Director;
(iv) 20 hard copies of the EIA report in English and 50 hard copies of the Executive Summary (each bilingual in both English and Chinese), including any addendum if required in section 5.2 (ii) above, to be supplied to the Secretary of Advisory Council on the Environment (ACE), upon advice by the Director for consultation with the ACE, as required under section 7(5) of the EIAO.
(v) 5 hard copies of the EIA report in English and 10 hard copies of Executive Summary (each bilingual in both English and Chinese), with any addendum if required in section 5.2 (ii) above, for deposition in the Register, if and when the EIA report is approved by the Director, as required under section 8(5) of the EIAO.
5.3 The Applicant shall make additional copies of the above documents available to the public, subject to payment by the interested parties of full costs of printing.
5.4 In addition, to facilitate the public inspection of the EIA Report via the EIAO Internet Website, the applicant shall provide electronic copies of both the EIA Report and the Executive Summary Report prepared in HyperText Markup Language (HTML) (version 4.0 or later) and in Portable Document Format (PDF version 4.0 or later), unless otherwise agreed by the Director. For the HTML version, a content page capable of providing hyperlink to each section and sub-section of the EIA Report and the Executive Summary Report shall be included in the beginning of the document. Hyperlinks to all figures, drawings and tables in the EIA Report and Executive Summary shall be provided in the main text from where the respective references are made. All graphics in the report shall be in interlaced GIF format unless otherwise agreed by the Director.
5.5 The electronic copies of the EIA report and the Executive Summary shall be submitted to the Director at the time of application for approval of the EIA Report.
5.6 When the EIA Report and the Executive Summary are made available for public inspection under s.7(1) of the EIA Ordinance, the content of the electronic copies of the EIA Report and the Executive Summary must be the same as the hard copies and the Director shall be provided with the most updated electronic copies.
5.7 To promote environmentally friendly and efficient dissemination of information, both hard copies and electronic copies of future EM&A reports recommended by the EIA study shall be required and their format shall be agreed by the Director.
6 OTHER PROCEDURAL REQUIREMENT
6.1 During the EIA study, if there is any change in the name of the Applicant for this EIA study brief, the Applicant mentioned in this study brief must notify the Director immediately.
6.2 If there is any key change in the scope of the project mentioned in section 1.2 of this EIA study brief and in Project Profile (No.PP-104/2000), the Applicant must seek confirmation from the Director in writing on whether or not the scope of issues covered by this EIA study brief can still cover the key changes, and the additional issues, if any, that the EIA study must also address. If the changes to the project fundamentally alter the key scope of the EIA study brief, the Applicant shall apply to the Director for a fresh EIA study brief.
Environmental Assessment and Noise Division
Environmental Protection Department