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-ninth EM&A Report which summarizes the monitoring results and audit findings for the EM&A programme during the reporting period from 1 January to 31 January 2010.

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 and resumed on 13 November 2009 for pipeline repair works that were completed on 11 December 2009. Table 2.2 presents the cumulative quantity of excavated materials from September 2008 up to 31 January 2010. Daily and cumulative dredging production rates from September 2008 to 31 January 2010 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 and Bund Wall Construction · Permanent Drainage Construction · Jetty Works (Non-piling) · Commissioning Activities for Phase 1a (the first four tanks)
Submarine Pipeline Route	· Backfilling and placing of rock armour over the pipelines

Area

Works undertaken

Tuen Mun Area 38

· Tank Farm and Bund Wall Construction

· Permanent Drainage Construction

· Jetty Works (Non-piling)

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

Submarine Pipeline Route

· 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 that date)
*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 31 January 2010*
Contaminated Mud	7,399	78,963
Uncontaminated Mud	18,561	291,661

2.4 Monitoring Schedule of The Reporting Month

No water quality monitoring was conducted during the reporting period, hence presentation of the monitoring schedule is not applicable.

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
	GW-RW0008-10	21 January 2010 to 20 July 2010	For the use of powered mechanical equipment for the purpose of carrying out construction work other than percussive piling and/or the carrying out of prescribed construction work
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. 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

No environmental non-compliance was found during the reporting period.

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 C.

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 C.

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 8, 14, 22 and 28 January 2010. 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:

Air Quality

· On 14 and 22 January 2010, the Contractor was reminded to water the road areas in the Tank Farm regularly to prevent dust generation, as they were now laid with sand.

Water Quality

· On 8 and 14 January 2010, it was found that sediment tanks were not available for use. The Contractor was recommended to provide sediment tanks and a reserve drainage system as soon as possible.

· On 8 January 2010, water was found accumulated around Tank 11. The Contractor was advised to clear this as soon as practicable.

· On 22 January 2010, water was found on the concrete outside the main entrance. The contractor was advised to clear this as soon as possible.

· On 28 January 2010, an oil sheen was observed on the concrete access road at the main site entrance. The Contractor was advised to clear this as soon as possible.

Waste/Chemical Management

· On 8 and 14 January 2010 the chemical waste storage facility near the temporary offices was observed to be full (although there was still space in the second chemical waste storage facility). The Contractor was recommended to dispose of the waste using a licensed chemical waste collector, as soon as possible.

· On 8 January 2010, a tin of lubricant without a drip tray was observed near Tank 11. The Contractor was recommended to provide secondary spillage containers for all chemicals onsite.

· On 22 January 2010, a drum with no label was found near Tank 12. The Contractor was advised to ensure it was fitted with the appropriate label.

· On 22 January 2010, general refuse in black plastic bags was observed stockpiled just inside the Jetty Area entrance and on 28 January 2010, general waste was found accumulated at the site entrance without a proper receptacle. The Contractor was advised to arrange collection and disposal of these as soon as possible.

· On 28 Januray 2010, the construction waste skip at the Jetty area was full. The Contractor was advised to arrange collection as soon as possible.

· On 28 January 2010, some paint containers/oil waste containers inside the waste storage area were found unlabelled. The Contractor was reminded to label the containers correctly.

General Housekeeping

· On 22 January 2010 the Contractor was advised to start preparing a new ‘Accidents Statistics 2010’ sign to place at the main entrance.

With the exception of the above observations, the site was in a good orderly manner. 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 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 D.

4 Environmental Monitoring

4.1 Air and Noise

Air and Noise monitoring is not required for the project.

4.2 Water Quality

No dredging activities were undertaken during the reporting period. Water quality monitoring was therefore not required for the reporting month.

4.3 POPs Monitoring

Persistent organic pollutants (POPs) monitoring was not required since there was no dredging operation during the reporting month.

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

The project construction works began at the end of 2005 and the landscape works began in mid-2006. In accordance with the Condition 3.8 of Environmental Permit (EP 139/2002/A granted in February 2004), the Contractor submitted a detailed landscape plan to the Director of EPD on 8 February 2006. This original landscape plan was certified by IEC and ET, and approved by the Leisure and Cultural Services Department on 6 April 2006 and the District Lands Office, Tuen Mun Land’s Department on 28 April 2006.

Although construction work was suspended between July 2006 and July 2007, the berm/landscaping bund was originally populated by vegetation grown during this project suspension period.

To address Condition 3.4 of the updated Environmental Permit (EP 262/2007/B) based on an updated EIA report (Register No. AEIAR-107/2007), the Contractor has submitted the Landscape Plan, which was certified by ET and IEC, to the EPD.

Further planting works were carried out on the berm/landscaping bund in January 2010.

According to the EIA report and EM&A Manual, mitigation measures and site inspection are required during the landscaping/planting works and the weekly site inspections include general audits on landscape and visual issues to ensure that the site is 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 and IEC certified the documents and submitted to the EPD on 7 December 2009. The documents were placed under the EIAO register on 14 December 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

Dolphin visual monitoring was not required as no dredging works were scheduled for the reporting period.

4.9 EM&A Manual

The EM&A Manual for the Project has been 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 issues 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;

· 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.