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Following is a question by the Hon Dennis Kwok and a written reply by the Secretary for the Environment, Mr Wong Kam-sing, in the Legislative Council today (January 6):
Question:
In accordance with the requirements of the environmental impact assessment report of the Central-Wan Chai Bypass project (CWB project) and the Dumping at Sea Ordinance (Cap 466), inert construction waste such as bentonite must be processed and delivered to appropriate facilities for disposal. Nevertheless, it has recently been uncovered by the press that the contractor of the project has allegedly contravened the aforesaid requirements and dumped bentonite unlawfully into the waters of Victoria Harbour. Some members of the public are of the view that such a situation reflects the existence of loopholes in the mechanism of the Environmental Protection Department (EPD) for monitoring works contractors' compliance of the aforesaid requirements, resulting in damages to the marine environment and ecology. In this connection, will the Government inform this Council:
(1) as it has been reported that in spite of a number of inspections conducted at the works site of the CWB project by the EPD, the EPD has failed to uncover the aforesaid unlawful marine dumping activities, of the criteria adopted by the EPD when conducting inspections for judging whether the relevant contractor has carried out such activities, and the justifications for adopting such criteria;
(2) given that under Cap 466, any person must hold a permit issued by the Director of Environmental Protection (the Director) for carrying out marine dumping operations, whether the Director has issued such a permit to the contractor of the CWB project; if so, of the details of the permit, including whether the contractor is allowed to dump bentonite into the waters of Victoria Harbour; if not, whether the contractor have contravened the requirements under Cap 466 by carrying out such activities;
(3) of EPD's existing procedures for vetting and approving applications for marine dumping permits, and since when the EPD has adopted such procedures; whether the EPD has plans to update such procedures; if the EPD has such plans, of the details; if not, the reasons for that;
(4) whether the authorities will adopt measures which are more effective (such as increasing the frequency of site inspections, tightening the criteria for vetting and approving marine dumping permits or amending the Environmental Impact Assessment Ordinance (Cap 499)), so as to curb unlawful marine dumping activities; and
(5) of the Government's existing policies and measures to prevent damages to marine ecology, in particular those concerning the handling of foreign objects (such as waste and rubbish) in the sea; which government departments are responsible for implementing such policies and measures; and whether the EPD has carried out joint operations with other relevant department(s) to curb unlawful marine dumping activities; if the EPD has, of the details; if not, the reasons for that?
Reply:
President,
The Central-Wan Chai Bypass project (CWB project) is subject to the controls of the Environmental Permit (EP) issued by the Environmental Protection Department (EPD). Under the EP, used bentonite slurry generated during construction activities must be processed and delivered to a public fill bank for disposal in accordance with the EP conditions. Besides, the CWB project should also comply with other relevant environmental legislation, including the requirements that wastewater generated on site must be treated to meet the specified standards before discharge, and that construction waste and rubbish should not be disposed of at sea.
The EPD is very concerned about the alleged dumping of used bentonite into the waters of the Victoria Harbour. An in-depth investigation is underway to investigate, among others, the storage, use, processing, delivery and the disposal records of used bentonite. Samples of sea water and marine sediments have also been taken at locations around the construction site for chemical analysis. If any breach of environmental legislation is revealed by the investigationˇ¦s findings, the EPD will certainly initiate prosecution proceedings against the offenders.
Our responses to the specific questions raised by the Hon Dennis Kwok are as follows:
(1) Since the commencement of the CWB project in 2010, the EPD has conducted about 90 inspections to examine the measures taken on site in abating air, water and noise pollution as well as waste disposal, and the compliance with various environmental monitoring requirements. Inspections carried out by our enforcement staff were surprise inspections without advance notification. When inspections are carried out for major construction sites, EPD staff would normally first make inspections around the site or at a height to observe the actual operations inside the site, and take note of any polluting discharge from the site or any pollution or nuisance caused to the surrounding environment. Our staff then enter the site for conducting inspection on the operation of the relevant measures taken, which would help ensure that our inspections are impartial and objective. Any breaches of environmental legislation found will definitely be followed up with an investigation and necessary enforcement action.
(2) As mentioned above, used bentonite slurry generated by the CWB project must be processed and delivered to a public fill bank for disposal in accordance with the EP conditions, and any dumping for disposal at sea was not allowed.
For the CWB project, the EPD issued a permit under the Dumping at Sea Ordinance which provides only for the hiring of designated barges to deliver sediments dredged from the sea-bed (marine mud) to designated marine dumping areas for disposal. All vessels engaged in the dumping operations shall be installed with a Global Positioning System and automatic recording equipment to transmit real time data of the vessels, such as their locations and travelling routes, directly to the Control Centre at the EPD in order to ensure that the vessels dispose of marine mud at the designated marine dumping areas. EPD's enforcement staff conduct surprise inspections to check whether the works sites and dredging operations are in compliance with the permit requirements. Where necessary, they will also board the vessels to inspect the marine mud being carried and check whether the automatic recording equipment is operating properly.
(3) Since August 2002, project proponents and contractors applying to the EPD for a permit under the Dumping at Sea Ordinance must first conduct chemical analysis and classification for the marine sediments to be disposed of, and have obtained the dumping quota in designated sediment disposal areas issued by the Marine Fill Committee of the Civil Engineering and Development Department, before the EPD will process the permit application. As stated above, strict provisions have been incorporated into the permit to monitor and control the entire dumping process in order to ensure that only designated barges are engaged by the project to deliver the sediments dredged from the sea-bed to the designated sediment disposal areas for disposal. Given the strict vetting and approval system for permits is currently in place, and the multi-pronged control and inspection arrangements are well-established, there is no need for making amendment.
(4) The EPD is very concerned about the alleged dumping of used bentonite into the waters of the Victoria Harbour. An in-depth investigation is underway. If any breach of environmental legislation is revealed by the investigation's findings, the EPD will certainly initiate prosecution proceedings against the offenders. Where our investigation reveals any room for enhancement on the existing regulatory controls, we will also examine how to make improvement to better protect the environment.
(5) To protect marine ecology, the permits granted by the EPD under the Dumping at Sea Ordinance are mainly confined to the disposal of marine sediments originated from the sea-bed, or river sediments (such as marine deposits generated from channel dredging and marine mud dredged from construction works), which can only be dumped at designated sediment disposal areas. No marine dumping is allowed for other waste or rubbish.
The enforcement officers from the Hong Kong Police Force, the Agriculture, Fisheries and Conservation Department (AFCD), the Food and Environmental Hygiene Department, the Leisure and Cultural Services Department and the Marine Department (MD) are empowered by the Summary Offences Ordinance to enforce legislation relating to marine littering to curb dumping of waste at sea.
To handle marine refuse, in addition to cleaning up floating refuse on a daily basis at various districts in the waters of Hong Kong, the MD also performs daily patrol in the waters of Hong Kong to inspect the cleanliness condition of various zones, as well as collecting domestic refuse free of charge from vessels moored at anchorages and inside typhoon shelters to prevent refuse dumping at sea from vessels. The AFCD will also monitor the situation of marine parks and marine reserves on a regular basis and remove any refuse within the areas where necessary. For any non-compliance activities, enforcement action will be taken.
Ends/Wednesday, January 6, 2016
Issued at HKT 12:00
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