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Recommended Pollution Control Clauses for Construction Contracts

2. Water Pollution Control

2.1 Water pollution control - general requirements
 
2.1.1 The Contractor shall observe and comply with the Water Pollution Control Ordinance and its subsidiary regulation.
   
2.1.2 The Contractor shall carry out the Works in such a manner as to minimise adverse impacts on the water quality during execution of the works. In particular he shall arrange his method of working to minimise the effects on the water quality within and outside the Site, on the transport routes and at the loading, dredging and dumping areas.
   
2.1.3 The Contractor shall follow the practices, and be responsible for the design, construction, operation and maintenance of all the mitigation measures as specified in the Professional Persons Environmental Consultative Committee Practice Note (ProPECC PN) 1/94 "Construction Site Drainage" issued by the Director of Environmental Protection. The design of the mitigation measures shall be submitted by the Contractor to the Engineer for approval.
   
2.2 Marine Plant and Equipment
 
2.2.1 Two weeks before commencement of any marine works, the Contractor shall submit to the Engineer for approval the proposed methods of working and the marine plant and equipment to be used.
   
2.2.2 The marine plant and equipment to be used on the Works shall meet the requirement in Clauses 2.3.1 and 2.3.3 and shall be operated to achieve the water quality requirements. The Contractor shall provide all necessary facilities to the Engineer for inspecting or checking such plant and equipment and shall not use such plant and equipment for the execution of the Works without the agreement of the Engineer. The Engineer may require the Contractor to carry out trials of any plant and equipment to prove their suitability.
   
2.2.3 After commencement of the Works, if the plant and equipment or work methods are in the opinion of the Engineer causing unacceptable adverse impacts which can be checked against the Technical Memorandum on Effluent Standards issued under the Water Pollution Control Ordinance, then the Engineer may notify the Contractor in writing and the Contractor shall immediately initiate remedial measures so as to halt such deterioration. If the Contractor fails to initiate remedial measures, the Engineer may stop the Works. Where such remedial measures include the use of additional or alternative plant and equipment such plant and equipment shall not be used on the Works until agreed by the Engineer. Where remedial measures include maintenance or modification of previously approved plant and equipment, such plant and equipment shall not be used on the Works until such maintenance or modification is completed and the adequacy of the maintenance or modification is demonstrated to the satisfaction of the Engineer.
   
2.2.4 The Contractor shall comply with the conditions of dumping permits obtained from the Director of Environmental Protection. The permits shall be prominently displayed in the Chinese and English language on site and also on the dredgers and barges.

 

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User review date: 
Monday, 20 May, 2019