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Recommended Pollution Control Clauses for Construction Contracts

1. General

1.1 The Contractor shall undertake environmental protection measures to reduce the environmental impacts arising from the execution of the Works. In particular, he shall arrange his method of working to minimise the effects on the air, noise, water quality as well as nuisance of waste within and outside the Site, on transport routes and at the loading, dredging and dumping areas.
   
1.2 The Contractor shall observe and comply with relevant environmental protection and pollution control ordinances. He shall maintain on site, and provide one copy for the Engineer, with copies of the relevant enacted ordinances and their regulations, which shall include but not be limited to the following :
 
i. Air Pollution Control Ordinance (Cap 311);
   
ii. Waste Disposal Ordinance (Cap 354);
   
iii. Water Pollution control Ordinance (Cap 358);
   
iv. Noise Control Ordinance (Cap 400);
   
v. Dumping at Sea Ordinance (Cap 446);
   
vi. Environmental Impact Assessment Ordinance (Cap 499);
   
vii. Factories and Industrial Undertakings Ordinance (Cap 59);
   
viii. Buildings Ordinance (Cap 123);
   
ix. Buildings Ordinance (Application to New Territories) Ordinance (Cap 123);
   
x. Public Health and Municipal Services Ordinance (Cap 132);
   
xi. Public Cleansing and Prevention of Nuisances (Regional Council) By-Laws (Cap 132);
   
xii. Public Cleansing and Prevention of Nuisances (Urban Council) By-Laws Cap 132);
   
xiii. Summary Offences Ordinance (Cap 228);
   
xiv. Merchant Shipping (Oil Pollution) (Hong Kong) Order;
   
xv. Waste Disposal (Chemical Waste) (General) Regulation;
   
xvi. Air Pollution Control (Open Burning) Regulation;
   
xvii. Air Pollution Control (Construction Dust) Regulation;
   
xviii. Air Pollution Control (Furnaces Ovens and Chimneys) Installation and Alteration Regulation.
   
1.3 The Contractor shall design, construct, operate and maintain pollution control measures to ensure compliance with the contract provisions as well as the environmental ordinances and their regulations. The Contractor shall also conduct compliance monitoring following a programme as agreed with the Engineer, and submit the monitoring results to the Engineer.
   
1.4 General mitigation measures shall include, but not be limited to the following :
a. The Contractor shall take every precaution to prevent earth, rock or debris from depositing on public or private rights of way as a result of his operations including any deposits arising from the movement of plant or vehicles. In the event of any earth, rock or debris from construction works being deposited on public or private rights of way then all such earth, rock or debris shall be immediately removed and the affected rights of way restored to their original state by the Contractor to the satisfaction of the Engineer.
   
b. In the event of any spoil or debris from construction works being deposited on adjacent land or seabed or any silt washed down to any area, then all such spoil, debris or material and silt shall be immediately removed and the affected land or seabed and areas restored to their natural state by the Contractor to the satisfaction of the Engineer.
   
1.5 The Contractor shall make due allowance in his rates and in his programme for the carrying out of the Works in compliance with the environmental protection control requirements under the Contract.

 

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User review date: 
Monday, 20 May, 2019