1 Introduction

Leighton Contractors (Asia) Limited (LCAL) has appointed ERM-Hong Kong, Limited (ERM) as the Environmental Team (ET) to implement the Environmental Monitoring and Audit (EM&A) programme for the Permanent Aviation Fuel Facility (the Project) during construction works.

The construction works for PAFF commenced in November 2005 based upon the previous EIA (EIAO Register Number AEIAR-062-2002) conducted and the Environmental Permit EP-139/2002 granted on the 28^th August 2002. Due to minor changes to the detailed layout of the site and the site boundary, application for Variation to the Environmental Permit (VEP) (VEP-133/2004) was submitted to the Director of Environmental Protection (DEP) for approval. The variation to the EP (EP-139/2002/A) was granted by the EPD in February 2004.

The decision by the EPD to grant the above Environmental Permit was, however, subject to a Judicial Review. The Judicial Review sided in the favour of the DEP, as did the subsequent Judgement from the Court of Appeal from the High Court for Judicial Review in March 2005. However, the DEP’s decision to grant the EP was quashed by the Judgement of the Court of Final Appeal of July 2006.

The construction works were stopped following the Judgement of the Court of Final Appeal of July 2006. As such, in order to continue with the construction of the project, the project went through the statutory procedures under the EIAO again with a new design in order to obtain an environmental permit. The revised EIA was submitted in 2007 and the environmental permit (EP-262/2007) was granted in May 2007. EP-262/2007 has been amended to EP-262/2007/A and issued by the EPD on 30 November 2007. A further Variation to the Environmental Permit was approved to allow dredging works to continue until March 2008. As such, EP-262/2007/A has been amended to EP-262/2007/B and was issued by the EPD on 27 February 2008.

The construction works and EM&A requirements were resumed on 9 July 2007 following the latest requirements of the EP-262/2007/B and EM&A Manual. Details regarding the EM&A requirements and changes should refer to the updated EM&A Manual. For the marine works, all piling activities were completed before the previous suspension of construction works in 2006.

1.1 Purpose of the Report

This is the thirty-eighth monthly EM&A Report which summarizes the monitoring results and audit findings for the EM&A programme during the reporting period from 1 December to 31 December 2009.

2 Environmental Status

2.1 Project Area

The project area is in Area 38 of Tuen Mun and the pipelines are located in Urmston Road between Tuen Mun Area 38 and Sha Chau. The site is illustrated in Annex A.

2.2 Environmental Sensitive Receivers

No air and noise sensitive receivers were identified close to the project area. However, water sensitive receivers and ecological sensitive receivers were identified in the EIA study, and are shown in Annex B.

2.3 Major Construction Activities

A summary of the major works undertaken in this reporting period is shown in Table 2.1. Initial marine dredging operations were completed on 23 January 2009. Due to pipeline repairs, dredging works were resumed on 13 November 2009 and completed on 11 December 2009. Table 2.2 presents the cumulative quantity of excavated materials from September 2008 up to 31 December 2009. Daily and cumulative dredging production rates are illustrated in Figure 2.1.

Table 2.1 Summary of Works Undertaken During the Reporting Period

Area	Works undertaken
Tuen Mun Area 38	· Tank Farm, Roof Truss and Bund Wall Construction · Permanent Drainage Construction · Jetty Works (Non-piling) · Commissioning Activities for Phase 1a (the first four tanks)
Submarine Pipeline Route	· Riser connections at Sha Chau · Backfilling and placing of rock armour over the pipelines

Area

Works undertaken

Tuen Mun Area 38

· Tank Farm, Roof Truss and Bund Wall Construction

· Permanent Drainage Construction

· Jetty Works (Non-piling)

· Commissioning Activities for Phase 1a (the first four tanks)

Submarine Pipeline Route

· Riser connections at Sha Chau

· Backfilling and placing of rock armour over the pipelines

Table 2.2 Cumulative Quantity of Excavated Marine Sediments

Type of Excavated Materials	Period Bulk Volume (m³)	Cumulative Bulk Volume (m³)
*From 17 December 2007 to 31 March 2008*
Contaminated Mud	71,564	71,564
Uncontaminated Mud	123,953	123,953
*From 1 September 2008 to 23 January 2009*
Contaminated Mud	0	71,564
Uncontaminated Mud	149,147	273,100
*From 13 November 2009 to 11 December 2009*
Contaminated Mud	7,399	78,963
Uncontaminated Mud	18,561	291,661

2.4 Monitoring Schedule of The Reporting Month

Daily water quality monitoring during dredging activities commenced on 13 November 2009 and finished on 11 December 2009. The water quality monitoring schedule for December 2009 is presented in Annex C.

2.5 Status of Environmental Approval Documents

A summary of the relevant permits, licences, and/or notifications on environmental protection for this Project since July 2007 is presented in Table 2.3.

Table 2.3 Summary of Environmental Licensing, Notification and Permit Status

Permit/ Licenses/ Notification	Reference	Validity Period	Remarks
Environmental Permit	EP-262/2007/B	Throughout Project	Issued on 27 February 2008 (EP-262/2007/A on 30 November 2007, EP-262/2007 issued on 31 May 2007, EP-139/2002 originally granted on 28 August 2002 and EP-139/2002/A granted on 24 February 2004 were superseded)
Chemical Waste Producer Registration	WPN 5111-421-L2174-25	Throughout Project	Issued on 10 November 2005
Notification of Construction Works under Air Pollution Control (Construction Dust) Regulation	H2104/U1D/5542/DG/DH/PL	Throughout Project	Notification on 6 July 2007
Construction Noise Permit	GW-RW0676-07	21 December 2007 to 19 June 2008	For land-based works including air compressors, breakers, excavators, wheeled loaders, mobile cranes, concrete lorry mixers, hand-held pokers, bar benders/cutters, wood saws, grinders, submarine water pump, lorries with crane, dump trucks, rollers, ventilation fans and generators
	GW-RW0677-07	21 December 2007 to 29 February 2008	For marine dredging operation including grab dredger, tug boat, split hopper barge and motor sampan
	GW-RW0678-07	21 December 2007 to 18 June 2008	For marine jetty works including concrete pump derrick barges, hand-held grinders, generators, air compressors, boring machines, water pumps, tug boat, grout mixers and grout pumps
	GW-RW0094-08	1 March to 31 March 2008	For marine dredging operation including grab dredger, tug boat, split hopper barge and motor sampan
	GW-RW0312-08	04 July 2008 to 22 December 2008	For marine jetty works including concrete pump derrick barges, hand-held grinders, generators, air compressors, boring machines, water pumps, tug boat, grout mixers and grout pumps
	GW-RW0313-08	04 July 2008 to 19 December 2008	For land-based works including air compressors, breakers, excavators, wheeled loaders, mobile cranes, concrete lorry mixers, hand-held pokers, bar benders/cutters, wood saws, grinders, submarine water pump, lorries with crane, dump trucks, rollers, ventilation fans and generators
	GW-RW0373-08	1 August 2008 to 20 January 2009	For land-based works including air compressors, breakers, excavators, wheeled loaders, mobile cranes, concrete lorry mixers, hand-held pokers, bar benders/cutters, wood saws, grinders, submarine water pump, lorries with crane, dump trucks, rollers, ventilation fans, generators, stirrer, jet chisel, water jet machine and dehumidifier
	GW-RW0368-08	1 September to 30 November 2008	For marine dredging operation including grab dredger, tug boat, split hopper barge and motor sampan
	GW-RW0054-09	16 February 2009 to 5 August 2009	For land-based and marine works including passenger launch, winch, welding machine, grinder, generator, power pack, tug boat, crane, air compressor, roller, hoist and derrick barge
	GW-RW0261-09	3 July 2009 to 3 November 2009	For land-based and marine works including derrick barge, grinder, crane, tug boat, drill, welding machine, hopper barge, motor sampan, air compressor
	GW-RW0299-09	21 July 2009 to 20 January 2010	For land-based works including air compressors, breakers, excavators, wheeled loaders, mobile cranes, concrete lorry mixers, hand-held pokers, bar benders/cutters, wood saws, grinders, submarine water pump, lorries with crane, dump trucks, rollers, ventilation fans, generators, stirrer, jet chisel, water jet machine and dehumidifier etc
	GW-RW0459-09	26 October 2009 to 28 February 2010	For marine dredging operation including air compressors, derrick barge, tug boat, mobile crane, hand-held grinder, generator, hand-held drill, winch, welding machine, motor sampan, grab dredger hopper barge etc
Marine Dumping Permit	EP/MD/08-064	13 December 2007 to 29 February 2008	For Type 1 – Open Sea Disposal
	EP/MD/08-065	13 December 2007 to 12 January 2008	For Type 1d & Type 2 marine disposal
	EP/MD/08-071	13 January 2008 to 12 February 2008	For Type 1d & Type 2 marine disposal
	EP/MD/08-090	3 March to 31 March 2008	For Type 1d & Type 2 marine disposal
	EP/MD/08-091	3 March to 31 March 2008	For Type 1 – Open Sea Disposal
	EP/MD/09-018	1 September to 30 September 2008	For Type 1d & Type 2 marine disposal
	EP/MD/09-032	1 October to 31 October 2008	For Type 1d & Type 2 marine disposal
	EP/MD/09-017	1 September to 30 November 2008	For Type 1 – Open Sea Disposal
	EP/MD/09-039	1 December 2008 to 31 January 2009	For Type 1 – Open Sea Disposal
	EP/MD/10-041	11 November 2009 to 31 December 2009	For Type 1 – Open Sea Disposal
	EP/MD/10-042	11 November 2009 to 10 December 2009	For Type 1 – Open Sea Disposal (Dedicated Site) & Type 2 – Confined Marine Disposal
Wastewater Discharge License	EP760/421/011399/l	15 March 2006 to 31 March 2011	Issued on 15 March 2006

2.6 Community Liaison Group Meeting

According to the EP requirements, a Community Liaison Group (CLG) was established within three months of commencement of construction of the Project. The major duty of the CLG is to advise on and monitor the proper design, construction and operation of the Project. The CLG comprises representatives from Airport Authority, members of Tuen Mun community and academics. Whereas previously the CLG would meet quarterly, following their last meeting on 13 September 2009, it was agreed to meet every six months. Therefore, during the reporting period, no meetings were organised by the CLG. The details of the CLG (including Membership and its Terms of Reference) and the minutes of previous meetings can be found on the Project website (http://www.paffhk.com).

2.7 Summary of Non-Compliance With The Environmental Quality Performance Limits

Water quality monitoring during dredging activities recorded no exceedance of Action or Limit Levels for either Bottom or Depth-averaged Dissolved Oxygen (DO). Four exceedances of Depth-averaged Turbidity were recorded on 3 December but these were all exceedances of Action Levels and not Limit Levels. Exceedances of Action and Limit levels for Depth-averaged Suspended Solids were recorded on 3 and 5 December. A summary of the exceedances occurring during the reporting period is shown in Table 2.4 and a description of the actions taken following these non-compliances is detailed in Section 3.2.

Table 2.4 Summary of Exceedances of Action and Limit Levels Recorded during the Reporting Period

Date	Parameter	Monitoring Stations
Date	Parameter	Mid-Ebb Tide	Mid-Flood Tide
3 Dec 2009	Turbidity (Depth-averaged)		IMO5, MPB1, MPB2, MP
3 Dec 2009	SS (Depth-averaged)	MPB1	IMO5, IMO6*, MPB1, MPB2, MP
5 Dec 2009	SS (Depth-averaged)		IMO5, IMO6

*Note: Action Level but not Limit Level exceedance

As per the requirements of the EM&A Manual, incidents were notified to the Franchisee’s Site Representative, the Contractor and the Independent Environmental Checker upon identification of an exceedance.

2.8 Summary of Environmental Complaints

No environmental complaints were received during the reporting period. A summary of environmental complaints since project commencement is presented in Annex D.

2.9 Summary of Environmental Summons

No summons was received in this reporting period. A summary of legal proceeding since project commencement is presented in Annex D

3 Environmental Issues and Actions

3.1 Previous Environmental Deficiencies and Follow-up Actions

As no environmental complaints were received over the last reporting period, no follow-up actions were required.

Site inspections were carried out by the ET on 2, 10, 18, 23 and 30 December 2009. Overall, the site was in good orderly manner and no non-compliance was found. Environmental deficiencies and follow-up actions/mitigation measures were identified during the inspections, as follows:

Water Quality

· On 2 December, a sediment plume was observed in the run-off drainage near the Jetty area. The Contractor was advised to settle the run-off via a sediment tank before being discharged.

· On 10 December, water was observed in the drip tray of the diesel drum outside the workshop area and in the air compressor by Tank 11. The Contractor was advised to clear all this water as soon as practicable.

· On 23 December, the bunding round the generator in the workshop area was found to have a pipe leaking water from inside to outside. The Contractor was advised to bung the pipe as soon as possible.

· On 30 December, the drainage system was not in operation as the sediment tanks had been removed due to the construction works. The Contractor was advised to reinstate the sediment tanks and restore the drainage system as soon as possible as there had been some rain recently and there was some surplus water onsite.

Waste/Chemical Management

· On 2 December, general refuse had accumulated without receptacles in the tank farm area and on 10 December, debris in black plastic bags was found near the Jetty Area. The Contactor was advised to remove and store all refuse in proper containers and to place black plastic bags of debris in a skip or remove them as soon as possible.

· On 10 December, empty paint cans were found in the chemical waste storage area. The Contractor was advised to place them in black plastic bags and label them appropriately. Drums with no labels and no drip trays were also found near the office block and the Contractor was advised to correct this as soon as possible.

· On 10, 23 and 30 December, none of the painting subcontractor’s chemical waste disposal trip tickets for disposal of their empty paint cans, were available. The Contractor was advised to follow this up with the subcontractor as soon as possible.

· On 18 December, the chemical waste storage by Tank 8 was found to be full. The Contractor was advised to get the waste cleared by a licensed collector immediately. On 23 December, chemical waste was observed outside of the chemical waste storage area by Tank 8. The Contractor was advised to clear it to the designated chemical waste area as soon as possible. On 30 December, the chemical waste storage area behind the offices was observed to be full and a dead rat was found by the door. The Contractor advised to clear both immediately.

· On 2 December, some oil stains were found on the floor inside the bunded area of the machinery on the grab dredger. The Contractor was advised to clear the oil as soon as possible.

· On 10 December, two oil drums were found on the grab dredger. The Contractor was advised to put the drums inside a trip tray as soon as possible.

· On 10 December, waste receptacles on the grab dredger were found to be of inadequate capacity. The Contractor was advised to provide larger waste receptacles as soon as possible.

· On 10 December, a leaking diesel pump was found on the grab dredger, with a plastic bucket below it to catch the drips. The Contractor was advised to get the pump fixed as soon as possible.

General Housekeeping

· On 18 December, a small amount of soil was observed outside the vehicle entrance on the site access road. The Contractor was advised to clean it as soon as possible and to implement wheel-wash procedures properly.

· On 23 December, a water pipe connection and another hosepipe behind Tank 11 were found to be leaking and producing stagnant pools of water. Similarly, on 30 December, water was found accumulated around Tank 11. The Contractor was asked to fix the leaking water and clear/fill the stagnant water as soon as possible.

The ET will keep track on the EM&A programme to ensure compliance of environmental requirements and the proper implementation of all necessary mitigation measures.

3.2 Description of Actions Taken in Event of Non-Compliance and Deficiency Reporting

Water quality monitoring during dredging activities recorded no exceedance of Action or Limit Levels for either Bottom or Depth-averaged Dissolved Oxygen (DO). Four exceedances of Depth-averaged Turbidity were recorded on 3 December but these were all exceedances of Action Levels and not Limit Levels. Exceedances of Action and Limit levels for Depth-averaged Suspended Solids were recorded on 3 and 5 December. A summary of the exceedances recorded during the reporting period is shown in Section 2.7, Table 2.4 and graphical representations of the results are presented in Annex G. Descriptions of the actions taken following identification of non-compliance are discussed below.

Although dredging operations were undertaken during the reporting period, on examination of the results, it was concluded that all the exceedances described above were unlikely to be caused by the Project for the following reasons:

· Not all parameters showed the same trend of exceedance results at the same stations at the same tide (eg on 3 December there were exceedances of Depth-averaged Turbidity and Suspended Solids at various stations, but there were no exceedances of Bottom or Depth-averaged DO at any station throughout the day).

· On the preceding and following days, when similar dredging operations were being conducted, there were no exceedances recorded at any of the stations.

· There have been incidents in the past in this area where exceedances have occurred despite the dredger not being in operation (eg 10 Feb 2008, exceedance in SS despite no dredging work; 17 & 22 Dec 2007, 4 & 5 Jan 2008, 6 & 10 Feb 2008, exceedances in Turbidity despite no dredging work).

Although the measured levels of Suspended Solids were particularly high at MPB1 on 3 December 2009 and it was initially considered a possibility that the exceedances were due to the project works, MPB1 station was located far away from the dredging operation at the time. Given that, as reported previously, there have also been incidents in the past in this area where exceedances have occurred despite the dredger not being in operation, it was concluded that the exceedances were unlikely to be due to the project works.

3.3 Implementation Status on Environmental Protection Requirements

The implementation status of environmental mitigation measures and requirements as stated in the EIA Report, Environmental Permits and EM&A Manual during the reporting period is summarized in Annex E.

4 Environmental Monitoring

4.1 Air and Noise

Air and Noise monitoring is not required for the project.

4.2 Water Quality

In accordance to the EM&A Manual, water quality monitoring was carried out during dredging activities, which commenced on 13 November 2009 and were completed on 11 December 2009. QA/QC reports for Suspended Solids testing are presented in Annex F. Monitoring data and graphical presentations of the results are included in Annex G.

Results of the monitoring demonstrated that all measured Bottom and Depth-averaged dissolved oxygen (DO) levels at all Impact Stations were compliant with the Action and Limit Levels specified in the EM&A Manual. Concentrations of Depth-averaged Turbidity were also all compliant with Limit levels but exceeded Action Levels on 3 December, at four stations. Exceedances of Action and Limit Levels for Depth-averaged Suspended Solids occurred on 3 and 5 December. A review of the above exceedances concluded that they were not attributable to Project works and were likely due to natural variation (see Section 3.2 for further details).

4.3 POPs Monitoring

Biweekly monitoring of water samples was conducted for Persistent Organic Pollutants (POPs) analysis on 8 December. Total PCBs, PAHs and DDTs were all below detection limits. Monitoring results and QA/QC reports for the available POPs testing are presented in Annex H.

4.4 Waste Management

According to EP Condition 3.3, the Contractor’s revised Waste Management Plan (Revision 5) (WMP), which has been certified by the ET and IEC, was submitted to the EPD on 5 November 2008.

4.5 Cultural Heritage

The Watching Brief Report, verified by the Independent Environmental Checker, was submitted to the EPD and AMO on 9 May 2008.

4.6 Landscape and Visual

According to the EIA report and EM&A Manual, mitigation measures and site inspection are required during the landscaping/planting works. The berm/landscaping bund was habilitated by vegetation which was grown during the project suspension period.

The weekly site inspections included general audits on landscape and visual issues to ensure that the site was in an orderly and acceptable manner.

4.7 Land Contamination, Hazard to Life and Fuel Spill Risk

According to the EIA report and EM&A Manual, mitigation measures and design phase audit are required to minimise the risk of fuel spill and hazards. In 2007, the Contractor submitted an updated design audit plan according to the EP requirements. These were certified and verified by the ET and IEC respectively and submitted to the EPD on 7 November 2007.

Pursuant to Condition 3.5 of the EP, the Contractor submitted design drawings and supporting information according to the EP requirements. The ET certified the documents and submitted to the IEC for verification on 24 and 25 November 2009.

Weekly site inspection covered the waste management aspects which included measures to prevent land contamination by chemical wastes.

4.8 Ecology

Dolphin Visual Monitoring

In accordance to EM&A Manual, dolphin monitoring was undertaken during dredging activities from 13 November 2009 to 11 December 2009.

During the reporting period, a total of four dolphin sightings were recorded. While all the sitings were recorded within the exclusion zone of 500m radius from the dredger, only one occurred during dredging. No action was considered necessary should dolphins are sighted within the zone during dredging according to the EM&A Manual. The sighting locations and field records are presented in Annex I.

4.9 EM&A Manual

The EM&A Manual for the Project was updated by the ET to include the detailed arrangements of setting up a CLG, carrying out design audit, and monitoring of Persistent Organic Pollutants during the dredging phase of construction of the Project. The revised EM&A Manual, which was verified by the IEC, was submitted to the EPD on 1 April 2009.

4.10 Baseline Water Quality Monitoring

The Final Baseline Monitoring Report was submitted to the EPD on 20 February 2008 and placed under the EIAO register.

5 Future Key Issues

5.1 Key Issues for the Next Month

Key issue to be considered in the next month will be:

· dust release and suppression; and

· backfilling of rock armour over pipeline.

5.2 Impact Prediction for the Next Month

Provided that environmental mitigation measures including good on-site practises are properly implemented, it is not expected that unacceptable adverse impacts will arise.

5.3 Works and Monitoring Schedule for the Next Month

Work programme for the next month includes:

· backfilling and placing of rock armour works;

· riser connections at Sha Chau;

· jetty platform works (non-piling);

· site works (construction works for tank farm, drainages, bund wall, security wall, emergency vehicle access road etc); and,

· commissioning activities for Phase 1a (the first four tanks).

Weekly site inspections will be undertaken in accordance with the EM&A Manual.