Environmental Impact Assessment Ordinance (Cap. 499) Section 5(7)
Environmental Impact Assessment Study Brief No. ESB-065/2001
Project Title: Proposed Headquarters and Bus Maintenance Depot in Chai Wan
1.1 An application (No. ESB-065/2001) for an Environmental Impact Assessment (EIA) study brief under section 5(1) of the Environmental Impact Assessment Ordinance (EIAO) was submitted by the Applicant on 19 January 2001 with a project profile (No. PP-111/2001).
1.2 The Applicant proposes to provide a permanent headquarter and depot building for bus parking and maintenance facilities in Chai Wan. The proposed bus depot is a multi-storey building comprising various provisions to facilitate different repairing and maintenance operation needs as well as for bus parking services.
1.3 Pursuant to section 5(7)(a) of the EIAO, the Director of Environmental Protection (the Director) issues this 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 impacts arising from the construction and operation of the proposed project 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 together with the requirements for carrying out the proposed project;
(ii) to consider alternative site(s) and to compare the environmental benefits and dis-benefits of each of the site in selecting a preferred site.
(iii) 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;
(iv) to identify and quantify emission sources and determine the significance of impacts on sensitive receivers and potential affected uses;
(v) to propose the provision of mitigation measures so as to minimize pollution, environmental disturbance and nuisance during construction and operation of the project;
(vi) 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;
(vii) to identify, assess and specify methods, measures and standards, to be included in the detailed design, construction and operation of the project which are necessary to mitigate these environmental impacts and reducing them to acceptable levels;
(viii) to investigate the extent of the secondary environmental impacts that may arise from the proposed mitigation measures and to identify the constraints associated with the mitigation measures recommended in the EIA study as well as the provision of any necessary modification; and
(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.
3. DETAILED REQUIREMENTS OF THE EIA STUDY
3.1 The Purpose
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 (thereafter referred to as the TM), are fully complied with.
3.2 The Scope
The scope of the EIA study covers 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 address the likely potential cumulative air quality and noise impacts; waste management, land contamination, sewage treatment, visual and hazard impacts arising out of the project; together with any other key issues identified during the course of the EIA study, taking into consideration all existing and planned sensitive uses within 500 meter distance from the selected site.
3.3 Consideration of Alternative Sites
The Applicant shall consider any other feasible alternative site(s) available and compare the environmental impacts to nearby existing and planned sensitive receivers at each of these identified alternative site(s) during construction and operation with those at the proposed site described in section 1.2. Based on the results of this comparison, the Applicant shall recommend/justify the selected site that should perform best in terms of avoiding or minimizing adverse environmental effects.
3.4 Technical Requirements
The Applicant shall conduct the EIA study to address all environmental aspects of the activities as described in the scope as set out above. The Applicant shall give full regard to the cumulative impacts from the existing/planned uses in the Chai Wan East Industrial Areas. The EIA study shall include the following technical requirements on specific impacts :
3.4.1 Air Quality Impact
184.108.40.206 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.
220.127.116.11 The assessment area for air quality impact shall generally be defined by a distance of 500 m from the boundary of the project site as described in section 1.2 above and yet it may be extended depending on the circumstances and the scale of the project. The cumulative impacts from other planned and/or existing use in the Chai Wan East Industrial Area, including the New World First Bus Permanent Depot shall be addressed.
18.104.22.168 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). To avoid misinterpretation of the guidelines, the assessment methodology and parameters shall be agreed with the Air Policy Group of the Environmental Protection Department.
22.214.171.124 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 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 impacts 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. Examples of constructional stage emission sources include stock piling, blasting, concrete batching and vehicular movements on unpaved haul roads on site, etc. Examples of operational stage emission sources include vehicular flow, etc. Confirmation of the validity of the assumptions and the magnitude of the activities (e.g. volume of construction materials handled, traffic mix and volume on a road 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 stated in (vi) above, a quantitative assessment should be carried out to evaluate the construction dust impact at the identified ASRs. The Applicant shall follow the methodology below when carrying out the quantitative assessment.
Operational air quality impact(viii) The Applicant shall calculate the expected air pollutant concentrations at the identified ASRs. Calculations for the expected impact shall be based on an assumed reasonably worst case scenario. The evaluation shall be based on the strength of the emission sources identified in (v). above. The Applicant shall follow (xi) to (xiv) below when carrying out the quantitative assessment.
(ix) For calculation of future road traffic air pollution impact, this shall be based on the highest emission strength from the road within the next 15 years upon commencement of operation of the proposed road. The Applicant shall demonstrate that the selected year of assessment represents the highest emission scenario given the combination of vehicular emission factors and traffic flow for the selected year.
(x) If there are vehicular tunnels/full enclosures proposed in the project, it is the responsibility of the Applicant to ensure that the air quality inside these proposed structures shall comply with EPD's "Practice Note on Control of Air Pollution in Vehicle Tunnels". For assessment of air quality impact due to emissions from the tunnels/full enclosures, the Applicant shall ensure that the emission amount and the pollutants emitted from these tunnel/full enclosure have been agreed with the relevant tunnel ventilation design engineer and documented.
Quantitative Assessment Methodology(xi) 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.
(xii) The Applicant shall 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.
(xiii) 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(xiv) 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 with the criteria stipulated in section 1 of Annex 4 in the TM.
Submission of model files(xv) 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 Impact126.96.36.199 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.
188.8.131.52 The noise impact assessment shall include the following :(i) Determination of Assessment Area
The area for the noise impact assessment shall include all areas within 300m, in general, from the project boundary. It has to take into consideration the impact that will arise from the New World First Bus Permanent Depot when it becomes operative. 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 relev-ant to the project, e.g. relevant previous or current studies. 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 (e.g. construction equipment for construction noise assessment; fixed plant equipment, as appropriate, for operational noise assessment). 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.
(d) In case the applicant would like to evaluate whether construction works in restricted hours as defined under the Noise Control Ordinance (NCO) are feasible or not in the context of programming construction works, reference should be made to the relevant technical memoranda issued under the NCO. Regardless of the results of construction noise impact assessment for restricted hours, the Noise Control Authority will consider a well-justified Construction Noise Permit (CNP) application, once filed, based on the NCO, the relevant technical memoranda issued under the NCO, and the contemporary conditions/situations of adjoining land uses and any previous complaints against construction activities at the site before making his decision in granting a CNP. This aspect should be explicitly stated in the noise chapter and the conclusions and recommendations chapter in the EIA report.
(vi) Operational Noise Assessment(a) Fixed Noise Sources(a1) Assessment of Fixed Source Noise Levels
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) Presentation of Noise Levels
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.
A quantitative assessment at the NSRs for the proposed fixed noise source(s) shall be carried out and compared against the criteria set out in Table 1A of Annex 5 of the TM.
(a3) Proposals for Noise Mitigation Measures
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) Off-site Traffic Noise
As stated in the Project Profile (No. PP-111/2001), there will be potential off-site traffic noise impacts generated from buses leaving and returning to the proposed bus depot, in particular during early morning and night time. Therefore, the Applicant shall evaluate such noise impacts in view of the noise sensitive receivers in the vicinity, and recommend suitable routings/mitigation measures to alleviate the traffic noise.
3.4.3 Waste Management Implications184.108.40.206 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.
220.127.116.11 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 reuse 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 maximising waste reduction shall be separatey considered.
(b) Having been taken into account all the opportunities for reducing waste generation and maximising reuse, 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 :(i) potential hazard;
(ii) air and odour emissions;
(iv) wastewater discharge; and
(v) public transport.
3.4.4 Land Contamination Impact
To prevent contamination problems arising from the future operation of the proposed bus depot, in accordance with ProPECC Practice Note No. 3/94 "Contaminated Land Assessment and Remediation", the Applicant shall :
(i) identify the possible sources of contamination in the operational phase of the proposed bus depot; and
(ii) formulate appropriate operational practices, waste management strategies and precautionary measures to be implemented on site for prevention of contamination problems when it becomes operational.
3.4.5 Sewage Treatment and Disposal Facilities
The Applicant shall illustrate the sewage treatment and disposal facilities of the proposed bus depot to handle the wastewater/effluent (e.g. waste oil) generated from all the operational processes, including office operation, bus maintenance and washing, so as to meet the relevant standards.
3.4.6 Hazard Impact
A minimum separation distance of 15m shall be provided between LPG filling station and industrial/commercial buildings to minimize the hazard impacts. If the 15m separation distance requirement cannot be fulfilled, the Applicant shall review/assess the planned population and the design layout of the project so as to ascertain the potential hazard impacts from the adjacent planned LPG filling station to the project is acceptable. The assessment methodology shall be agreed with the Electrical & Mechanical Services Department.
3.4.7 Landscape and Visual Impacts18.104.22.168 The Applicant shall provide a landscape proposal, including buffer planting along Shing Tai Road, and a tree preservation proposal to mitigate the landscape and visual impacts arising from the project.
22.214.171.124 The Applicant shall provide location plans, site layout plans, floor plans, external elevations, sections in appropriate scales to show the shape or appearance of building(s) for the project. The Applicant shall also provide adequate presentation materials to be agreed with the Planning Department, (such as perspective drawings, photomontages, photographs, layout plans, graphs or diagrams) to justify the colour scheme, materials and facade treatment etc. selected for the proposed building(s) to ensure visual compatibility with its environmental context. The project shall take into consideration of its existing industrial neighbourhood, which is undergoing significant regeneration.
3.4.8 Summary of Environmental Outcomes
The EIA report shall contain a summary of the key environmental outcomes arising from the EIA study, including the population and environmentally sensitive areas protected, environmentally friendly designs recommended, key environmental problems avoided, compensation areas included and the environmental benefits of environmental protection measures recommended.
4. ENVIRONMENTAL MANAGEMENT PLAN
4.1 The EIA report shall include an Environmental Management Plan (EMP) for the construction and operation of the proposed bus maintenance depot to confirm the effectiveness of all the proposed mitigation measures in achieving satisfactory environmental performance.
4.2 The EMP either shall form part of the EIA study final report or be a stand-alone document. The EMP shall include the applicant's proposal to cover the Environmental Management System (EMS) and the Environmental Monitoring & Auditing (EM&A) requirements as outlined respectively in Sections 5 and 6 below.
5. ENVIRONMENTAL MANAGEMENT SYSTEMS
5.1 The applicant shall in the Environmental Management Plan describe the Environmental Management System (EMS) for implementing the EIA recommendations, the EM&A programme in order to properly manage the environmental impacts may arise during the construction and operation of the project. The Applicant shall clearly set out the relevant activities and operations to be covered in the EMS.
5.2 The Applicant shall identify and justify in the EIA study or in the EMP, whether it is appropriate to model the EMS on any international standards relevant to the proposed project by giving due consideration to the policy, structure, responsibilities, practices, procedures, processes and resources involved.
5.3 The Applicant shall also identify the appropriate time schedule for setting up and implementing the EMS as described in Clause 5.1 above.
5.4 The Applicant shall assess whether there is the need, and if affirmative, to define the appropriate timing, for the EMS to be certified to any international standards, for example ISO14001, by a third party certifier to ensure effective management control to achieve regulatory compliance , and continual improvements with respect to the implemention the EIA recommendations and the EM&A requirements.
5.5 The Applicant shall have to take into account the accrued environmental benefits of all of the following factors the need for and the appropriate timing for implementing an EMS :
a) the margin between the predicted levels of environmental impacts after mitigation and the acceptable standards in the TM; and
b) the reliability of the proposed mitigation measures; and
c) the significance of environmental damages as a result of any regulatory exceedance under normal, abnormal and emergency situations.
6. ENVIRONMENTAL MONITORING AND AUDIT (EM&A) REQUIREMENTS
6.1 The Applicant shall identify and justify in the EIA study whether there is any need for EM&A activities, during the construction phase of the Project, and if affirmative, to define the scope of the EM&A requirements for the Project in the EIA study.
6.2 Subject to the confirmation of the EIA study findings, the Applicant shall comply with the requirements as stipulated in Annex 21 of the TM. The Applicant shall propose and justify the need for real-time reporting of monitoring data for the Project through a dedicated internet website accessible to the public.
6.3 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Annex 1 to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme
7. DURATION OF VALIDITY
7.1 The Applicant shall prepare a project implementation schedule (in the form of a checklist as shown in Appendix to this EIA study brief) containing all the EIA study recommendations and mitigation measures with reference to the implementation programme.
7.2 This EIA study brief is valid for 24 months after 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.
8. REPORT REQUIREMENTS
8.1 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.
8.2 The Applicant shall supply the Director with the following number of copies of the EIA report and the executive summary :
(i) 40 copies of the EIA report in English and 40 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.
(ii) when necessary, addendum to the EIA report and the executive summary submitted in (i) above as required under section 7(1) of the EIAO, to be supplied upon advice by the Director for public inspection.
(iii) 20 copies of the EIA report in English and 50 copies of the executive summary (each bilingual in both English and Chinese) with or without Addendum as required under section 7(5) of the EIAO, to be supplied upon advice by the Director for consultation with the Advisory Council on the Environment.
8.3 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.
8.4 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. Hyperlink 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.
8.5 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.
8.6 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.
8.7 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.
9. OTHER PROCEDURAL REQUIREMENTS
9.1 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.
9.2 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-111/2001), 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 another EIA study brief afresh.
Environmental Assessment and Noise Division,
Environmental Protection Department