(Cap 311 section 43) [2 October 1987] L.N. 345 of 1987 (L.N. 192 of 1987) Cap 311F reg 1 Citation These regulations may be cited as the Air Pollution Control (Specified Processes) Regulations. (Enacted 1987) Cap 311F reg 2 Interpretation In these regulations, unless the context otherwise requires- "authorized person" (认可人士) means a person whose name is for the time being on the authorized persons' register kept under section 3 of the Buildings Ordinance (Cap 123)- (a) as an architect therein; or (54 of 1996 s. 29) (b) as an engineer therein; or (54 of 1996 s. 29) (c) as a surveyor therein; (54 of 1996 s. 29)"qualified engineer" (合资格工程师) means a registered professional engineer in the building services, gas, chemical, marine or mechanical engineering disciplines under the Engineers Registration Ordinance (Cap 409). (L.N. 311 of 1993) (Enacted 1987) Cap 311F reg 3 Designation of noxious or offensive emissions The noxious or offensive emissions specified in the First Schedule are designated as noxious or offensive emissions for the purposes of the Ordinance. (Enacted 1987) Cap 311F reg 4 Form of applications, etc. (1) An application under section 14(1) of the Ordinance for a licence to conduct a specified process in any premises shall be made in Form 1 in the Second Schedule. (2) An application under section 16(1) of the Ordinance for a renewal of a licence shall be made in Form 2 in the Second Schedule not earlier than 120 days and not later than 60 days before the expiry of the licence. (3) An application under section 18(1) of the Ordinance for a variation of a licence, or under section 23(1) of the Ordinance for a variation or cancellation of any term or condition of an exemption for the conduct of a specified process, shall be made in Form 3 in the Second Schedule. (4) An application under section 18A of the Ordinance for a transfer of a licence shall be made in Form 4 in the Second Schedule. (Enacted 1987) Cap 311F reg 5 Notice to licence holder The Authority shall give notice in writing to the licence holder of the provisions of regulations 4(2), 6, 9 and 10 not earlier than 130 days and not later than 120 days before the expiry of his licence. (Enacted 1987) Cap 311F reg 6 Late applications for renewal (1) Notwithstanding regulation 4(2), if an application for renewal of a licence is received by the Authority less than 60 days before the expiry of the licence, the Authority shall entertain the application. (2) Notwithstanding regulation 4(2), if an application for renewal of a licence is received by the Authority within 60 days after the date of expiry of the licence, the Authority shall entertain the application. (Enacted 1987) Cap 311F reg 7 Fees (1) The fees specified in the Third Schedule are prescribed for the purposes of the Ordinance. (2) No refund shall be made of any application fee. (Enacted 1987) Cap 311F reg 8 Preparation of plans and specifications submitted with applications All plans and specifications submitted with or in relation to any application prescribed in these regulations shall be prepared by a qualified engineer or an authorized person. (Enacted 1987) Cap 311F reg 9 Status of licences pending decision on applications for renewal under regulation 4(2) A licence which is the subject of an application for renewal made in accordance with regulation 4(2), if the Authority- (a) renews the licence before or after the date of its expiry, shall continue in force until such renewal; (b) refuses to renew the licence before or after the date of its expiry, shall continue in force- (i) until the expiry of the time for appealing against the refusal prescribed in section 31 (2) of the Ordinance; or (ii) where the applicant appeals against the refusal under section 31(2) of the Ordinance, until the appeal is disposed of, withdrawn or abandoned. (Enacted 1987) Cap 311F reg 10 Status of licences pending decision on applications for renewal under regulation 6 (1) A licence which is the subject of an application for renewal made in accordance with regulation 6(1), if the Authority- (a) decides to renew, or to refuse to renew, the licence before the date of its expiry, shall continue in force- (i) where renewal is granted, until such renewal; or (ii) where renewal is refused- (A) until the expiry of the time for appealing against the refusal prescribed in section 31(2) of the Ordinance; or (B) where the applicant appeals against the refusal under section 31(2) of the Ordinance, until the appeal is disposed of, withdrawn or abandoned;(b) is unable to decide to renew, or to refuse to renew, the licence before the date of its expiry, shall cease to be in force with effect from the date of its expiry.(2) A licence which is the subject of an application for renewal made in accordance with regulation 6(2) shall cease to be in force with effect from the date of its expiry. (Enacted 1987) Cap 311F reg 11 Notice of objection to the grant, etc. of a licence If any person wishes to object to the grant of a licence, the renewal of a licence, the variation of a licence, the transfer of a licence or the variation or cancellation of any term or condition imposed under section 22 of the Ordinance, application for which has been the subject of a statutory public notice, he shall give notice of such objection to the Authority in Form 5 in the Second Schedule within 30 days after the last notice is published and send a copy of the notice of objection to the Secretary. (Enacted 1987) Cap 311F reg 12 Form of licence A licence granted under section 15, or a licence renewed under section 16, of the Ordinance shall be in Form 6 in the Second Schedule. (Enacted 1987) Cap 311F reg 13 Form of exemption from licence An exemption under section 20 of the Ordinance from the operation of section 13 thereof shall be in Form 7 in the Second Schedule. (Enacted 1987) Cap 311F reg 14 Contents of register (1) The particulars to be entered in the register in respect of- (a) an application, under section 14 of the Ordinance, for a licence; (b) an application, under section 18 of the Ordinance, for a variation of a licence; and (c) an application, under section 23 of the Ordinance, for a variation or cancellation of any term or condition impose by the Authority under section 22 of the Ordinance,shall be as specified in the Fourth Schedule. (2) Where the Secretary directs that section 14(3) and (4) of the Ordinance shall apply to- (a) an application, under section 16 of the Ordinance, for a renewal of a licence; (b) an application, under section 18A of the Ordinance, for a transfer of a licence; or (c) an application, under section 21 of the Ordinance, for a licence in accordance with subsection (1)(ii) of that section,the particulars of the application to be entered in the register shall be as specified in the Fourth Schedule. (3) In addition to the particulars entered in the register under paragraphs (1) and (2), the following particulars shall be entered in the register- (a) all cancellations of licences or exemptions; and (b) the terms and conditions subject to which any exemption under section 20 of the Ordinance shall continue in force. (Enacted 1987) Cap 311F reg 15 Contents of notice (1) A notice published in an English language and a Chinese language newspaper- (a) of an application, under section 14 of the Ordinance, for a licence; (b) of an application, under section 18 of the Ordinance, for a variation of a licence; and (c) of an application, under section 23 of the Ordinance, for a variation or cancellation of any term or condition imposed by the Authority under section 22 of the Ordinance,shall contain such particulars of the application and other information as specified in the Fifth Schedule. (2) Where the Secretary directs that section 14(3) and (4) of the Ordinance shall apply to- (a) an application, under section 16 of the Ordinance, for a renewal of a licence; (b) an application, under section 18A of the Ordinance, for a transfer of a licence; or (c) an application, under section 21 of the Ordinance, for a licence in accordance with subsection (1)(ii) of that section,a notice published in an English language and a Chinese language newspaper shall contain such particulars of the application and other information as specified in the Fifth Schedule. (Enacted 1987) Cap 311F reg 16 Amendment of Schedules The Governor may, after consultation with the Advisory Council on the Environment, amend the Second Schedule, Fourth Schedule and Fifth Schedule by order published in the Gazette. (Enacted 1987. L.N. 57 of 1994) Cap 311F Sched 1 Noxious or Offensive Emissions [regulation 3] Acrylates Aldehydes Amines Ammonia and its compounds Asbestos Bromine and its compounds Carbon Monoxide Chlorine and its compounds Cyanogen and its compounds Fluorine and its compounds Fumes and dust containing aluminium, antimony, arsenic, beryllium, cadmium, copper, iron, lead, mercury, nickel, tin, vanadium, zinc or their compounds Fumes or vapours from petrochemical works Fumes or vapours from gas works Fumes or vapours from tar and bitumen works Hydrogen sulphide Metal or metallic oxide fumes Oxides and oxyacids of nitrogen Hydrocarbons Smoke, soot, grit and dust Sulphur dioxide and sulphurous acid Sulphur trioxide and sulphuric acid Volatile organic sulphur compounds (Enacted 1987) Cap 311F Sched 2 [regulations 4, 11, 12, 13 & 16] FORM 1 [regulation 4] AIR POLLUTION CONTROL (SPECIFIED PROCESSES) REGULATIONS APPLICATION FOR A LICENCE PURSUANT TO SECTION 14 OF THE AIR POLLUTION CONTROL ORDINANCE To: The Authority 1. I/We* the undersigned hereby apply under section 14 of the Air Pollution Control Ordinance for a licence for the conduct of the undermentioned specified process and I/we* hereby declare that the following particulars and the additional information, if any, provided are correct and the relevant plans and specifications are prepared by the qualified engineer(s)/authorized person(s) listed in paragraph 3 of the application. I/We* enclose the application fee of $ ......... as prescribed in the Third Schedule to these regulations. This application, including plans and specifications, comprises ........... pages. Dated this ........................ day of .............................. 19 .............. . Signature of Applicant .................................................................. Name .......................................................................................... 2. Details of Owner(s)+ Name of the Owner(s) (Surname First) Status Correspondence Address Telephone Number Identity Card/ Certificate of Incorporation* Number English Chinese * Delete if not applicable. + Including the applicant. 3. Qualified Engineer/Authorized Person Name of Qualified Engineer/Authorized Person (Surname First) Correspondence Address Telephone Number Material+ Prepared 4. Premises where the specified process is to be conducted Name of Premises (if any) Address Telephone Number English Chinese Contact Person in the Premises (Surname First) Title or Position Correspondence Address Telephone Number English Chinese Business Registration No. Certificate of Incorporation No. No. of Employees in the Premises Area of the Premises (m2) Land Status Nature of Tenure Name of Air Control Zone in which the Premises are Located + Including the plans and specifications mentioned in paragraphs 5 to 9. 5. Nature of Work Classification of Specified Process under Application Mode of Operation (Continuous/Batch) Installed/Processing* Capacity Silo Capacity (for Cement Works only) Total No. of Emission Points 6. Noxious or Offensive Emissions Emis-sion Point No. Exhaust Gas Flowrate (m3/h) Mode of Discharge to Atmosphere Highest Building /Structure within 100m of the Premises Exit Temperature (℃) Fugitive Emission (Yes/ No) Discharge or Chimney Height (m) If NOT discharged upward freely, please specify Cross-section of Discharge Exit or Chimney Width (m) Length (m) Diam-eter (m) Dis- charge Height (m) * Delete if not applicable. Emission Point No. Efflux Velocity (m/s) Details of Emissions Composition Emission Rate (kg/h) Average Daily Concentration* (mg/m3) Maximum Concentration* (mg/m3) Duration of Maximum Concentra- tion (h/d) Average Maximum * Expressed as at standard temperature and pressure of 0 degree Celsius and 101.325 kPa. 7. Fuel Usage Emission Point No. Type of Fuel Using Equipment Rated Capacity (MJ/h) Fuel to be Used Fuel Consumption Rate (kg/h) Type Ash Content(%) Sulphur Content(%) Other Specifications Maximum Normal 8. Raw Materials and Products Type Nature or General Composition Description of the Process Raw Material Usage Product Production Consumption Rate Annual Use (t) Production Rate Annual Production (t) Normal(kg/h) Maximum(kg/h) Normal(kg/h) Maximum (kg/h) 9. Drawings Please provide (1) A block plan, drawn to a scale of 1:500 and prepared by an authorized person, showing the buildings and topography surrounding the premises where the specified process is to be conducted and the location of all emission points and their corresponding numbers. (2) Schematic diagrams of process flow prepared by a qualified engineer, showing the flow of materials, including raw materials, materials in process of manufacture, manufactured materials, by-products and waste materials. All emission points and processes/equipment, including air pollution control equipment, associated with each emission point, must be identified and labelled with consistent reference numbers. 10. Notes (1) The Authority may require the applicant to submit any other information about the specified process under application as specified in a notice in writing served by the Authority in accordance with section 27 of the Air Pollution Control Ordinance within such time and in such form as is specified in the same notice. (2) This application is subject to public notification provision pursuant to section 14 of the Air Pollution Control Ordinance. The applicant, however, may apply to withhold any information contained in this application from public notification to the extent as permitted under section 40 of the Ordinance. (3) The expense in public notification in causing a notice to be published in an English language and a Chinese language newspaper shall be met by the applicant himself. (4) The Authority may, not earlier than 40 days after the last notice is published in the newspaper, either grant or refuse to grant the licence. (5) The prescribed fee for application is NOT refundable. (6) Any person who provides information which he knows to be incorrect in a material respect or recklessly makes any statement which is incorrect in a material respect or knowingly omits any material particular commits an offence and is liable to a fine of $50000. (L.N. 311 of 1993; L.N. 212 of 1996; L.N. 577 of 1997) FORM 2 [regulation 4] AIR POLLUTION CONTROL (SPECIFIED PROCESSES) REGULATIONS APPLICATION FOR RENEWAL OF A LICENCE PURSUANT TO SECTION 16 OF THE AIR POLLUTION CONTROL ORDINANCE To: The Authority 1. I/We* the undersigned, being the licence holder of the undermentioned licence, hereby apply under Section 16 of the Air Pollution Control Ordinance for the renewal of a licence for the conduct of the undermentioned specified process. I/We* hereby declare that the particulars of the undermentioned specified process, including any chimney and relevant plant, nature and emission of any air pollutant, the fuel usage, raw materials and products are substantially unchanged and that the following particulars provided are correct. Dated this ........................ day of .................................. 19 ........... Signature of Applicant .................................................................. Name ......................................................................................... 2. Details of Owner(s) + Name of the Owner(s) (Surname First) Status Correspondence Address Telephone Number Identity Card/Certificate of Incorporation* Number English Chinese * Delete if not applicable. + Including the applicant. 3. Premises where the specified process is conducted Name of Premises (if any) Address Telephone Number English Chinese Contact Person in the Premises (Surname First) Title or Position Correspondence Address Telephone Number English Chinese Business Registration No. Certificate of Incorporation No. No. of Employees in the Premises Area of the Premises (m2) Land Status Nature of Tenure Name of Air Control Zone in which the Premises are Located 4. Nature of Work Existing Licence No. Expiry Date Classification of Specified Process under Application Mode of Operation (Continuous/Batch) Installed/ Processing* Capacity Silo Capacity (for Cement Works Only) Total No. of Emission Points 5. Notes Any person who provides information which he knows to be incorrect in a material respect or recklessly makes any statement which is incorrect in a material respect or knowingly omits any material particular commits an offence and is liable to a fine of $50000. * Delete if not applicable. (L.N. 311 of 1993; L.N. 212 of 1996) FORM 3 [regulation 4] AIR POLLUTION CONTROL (SPECIFIED PROCESSES) REGULATIONS APPLICATION FOR VARIATION OF A LICENCE PURSUANT TO SECTION 18, OR VARIATION OR CANCELLATION OF ANY TERM OR CONDITION OF AN EXEMPTION PURSUANT TO SECTION 23, OF THE AIR POLLUTION CONTROL ORDINANCE To: The Authority 1. I/We* the undersigned, being the licence/exemption* holder of the undermentioned licence/exemption*, hereby apply under Section 18/23* of the Air Pollution Control Ordinance for the variation of a licence/variation or cancellation of a term or condition of an exemption* for the conduct of the undermentioned specified process and I/we* hereby declare the following particulars and the additional information, if any, provided are correct and the relevant plans and specifications are prepared by the qualified engineer(s)/authorized person(s) listed in paragraph 3 of this application. I/We* enclose the application fee of $ ......... as prescribed in the Third Schedule to these regulations. This application, including plans and specifications, comprises ........... pages. Dated this ........................ day of .............................. 19 ............. . Signature of Applicant ................................................................. Name ........................................................................................ 2. Details of Owner(s)+ Name of the Owner(s) (Surname First) Status Correspondence Address Telephone Number Identity Card/ Certificate of Incorporation* Number English Chinese * Delete if not applicable. + Including the applicant. 3. Qualified Engineer/Authorized Person Name of Qualified Engineer/Authorized Person (Surname First) Correspondence Address Telephone Number Material+ Prepared 4. Premises where the specified process is conducted Name of Premises (if any) Address Telephone Number English Chinese Contact Person in the Premises (Surname First) Title or Position Correspondence Address Telephone Number English Chinese Business Registration No. Certificate of Incorporation No. No. of Employees in the Premises Area of the Premises (m2) Land Status Nature of Tenure Name of Air Control Zone in which the Premises are Located + Including the plans and specifications mentioned in paragraphs 5 and 6. 5. Details of Variation in Respect of which Approval is Sought (1) Nature of Works Existing Licence/ Exemption* No. Expiry Date (if applicable) Classification of Specified Process under Application Mode of Operation (Continuous/Batch) Installed/Processing* Capacity Existing Licence/ Exemption* Proposed Variation Existing Licence/ Exemption* Proposed Variation Silo Capacity (for Cement Works Only) Total No. of Emission Points Existing Licence/ Exemption* Proposed Variation Existing Licence/ Exemption* Proposed Variation (2) Terms and Conditions to be Varied or Cancelled (To be completed only for application for variation or cancellation of terms and conditions imposed by the Authority on an exemption for conduct of a specified process) Terms and Conditions imposed on the Existing Exemption Proposed Variation or Cancellation Justifications for such Variation or Cancellation * Delete if not applicable (3) Noxious or Offensive Emissions (a) Existing Licence Emis- sion Point No. Exhaust Gas Flowrate (m3/h) Mode of Discharge to Atmosphere Highest Building/ Structure within 100m of the Premises Exit Temperature (℃) Fugitive Emission (Yes/ No) Discharge or Chimney Height (m) If NOT discharged upward freely, please specify Cross-section of Discharge Exit or Chimney Width (m) Length (m) Diameter (m) Dis- charge Height (m) Emission Point No. Efflux Velocity (m/s) Details of Emissions Composition Emission Rate (kg/h) Average Daily Concentration* (mg/m3) Maximum Concentration* (mg/m3) Duration of Maximum Concentration (h/d) Average Maximum * Expressed as at standard temperature and pressure of 0℃ and 101.325 kPa. (b) Proposed Variation Emis- sion Point No. Exhaust Gas Flowrate (m3/h) Mode of Discharge to Atmosphere Highest Building/ Structure within 100m of the Premises Exit Temperature (℃) Fugitive Emission (Yes/ No) Discharge or Chimney Height (m) If NOT discharged upward freely, please specify Cross-section of Discharge Exit or Chimney Width (m) Length (m) Diameter (m) Dis- charge Height (m) Emission Point No. Efflux Velocity (m/s) Details of Emissions Composition Emission Rate (kg/h) Average Daily Concentration* (mg/m3) Maximum Concentration* (mg/m3) Duration of Maximum Concentration (h/d) Average Maximum * Expressed as at standard temperature and pressure of 0℃ and 101.325 kPa. + To be assigned by the applicant. (4) Fuel Usage, Raw Materials, Products and Processes/Equipment Describe the details of proposed variation in respect to the fuel usage, raw materials, products and processes/equipment described for the purpose of the existing licence or exemption and state what action, if any, is proposed to minimize the amount or effects of any air pollution. 6. Drawings Please provide, wherever applicable, (1) A block plan, drawn to a scale of 1:500 and prepared by an authorized person, showing the buildings and topography surrounding the premises where the specified process is to be conducted and the location of all emission points and their corresponding numbers. (2) Schematic diagrams of process flow prepared by a qualified engineer, showing the flow of materials, including raw materials, materials in process of manufacture, manufactured materials, by-products and waste materials. All emission points and processes/equipment, including air pollution control equipment, associated with each emission point, must be identified and labelled with consistent reference numbers. 7. Notes (1) The Authority may require the applicant to submit any other information about the specified process under application as specified in a notice in writing served by the Authority in accordance with section 27 of the Air Pollution Control Ordinance within such time and in such form as is specified in the same notice. (2) This application is subject to public notification provision pursuant to section 14 of the Air Pollution Control Ordinance. The applicant, however, may apply to withhold any information contained in this application from public notification to the extent as permitted under section 40 of the Ordinance. (3) The expense in public notification in causing a notice to be published in an English language and a Chinese language newspaper shall be met by the applicant himself. (4) The Authority may grant the application, with or without modification, or refuse to grant it but shall not do so earlier than 30 or 40 days, respectively for variation or cancellation of any term or condition of exemption and variation of a licence, after the last notice is published in a newspaper. (5) The prescribed fee for application is NOT refundable. (6) Any person who provides information which he knows to be incorrect in a material respect or recklessly makes any statement which is incorrect in a material respect or knowingly omits any material particular commits an offence and is liable to a fine of $50000 (L.N. 311 of 1993; L.N. 212 of 1996; L.N. 577 of 1997) FORM 4 [regulation 4] AIR POLLUTION CONTROL (SPECIFIED PROCESSES) REGULATIONS APPLICATION FOR TRANSFER OF A LICENCE PURSUANT TO SECTION 18A OF THE AIR POLLUTION CONTROL ORDINANCE To: The Authority 1. We the undersigned, being the licence holder and the prospective transferee of the undermentioned licence, hereby apply jointly under section 18A of the Air Pollution Control Ordinance for the transfer of the licence for the conduct of the undermentioned specified process and we hereby declare that the particulars of the undermentioned specified process, including any chimney and relevant plant, nature and emission of any air pollutant, the fuel usage, raw materials and products are substantially unchanged and that the following particulars provided are correct. We enclose the application fee of $ ......... as prescribed in the Third Schedule to these regulations. Dated this ........................ day of .............................. 19 ............. . Signature of Applicant (i) ................................................................. Licence Holder Name ........................................................... (ii) ................................................................. Prospective Transferee Name ........................................................... 2. Details of the Transferee Name of the Owner(s) (Surname First) Status Correspondence Address Telephone Number Identity Card/ Certificate of Incorporation* Number English Chinese 3. Premises where the specified process is conducted Name of Premises (if any) Address Telephone Number English Chinese Contact Person in the Premises (Surname First) Title or Position Correspondence Address Telephone Number English Chinese Business Registration No. Certificate of Incorporation No. No. of Employees in the Premises Area of the Premises (m2) Land Status Nature of Tenure Name of Air Control Zone in which the Premises are Located 4. Nature of Work Existing Licence No. Expiry Date Classification of Specified Process under Application Mode of Operation (Continuous/Batch) Installed/ Processing* Capacity Silo Capacity (for Cement Works Only) Total No. of Emission Points 5. Notes (1) The prescribed fee for application is NOT refundable. (2) Any person who provides information which he knows to be incorrect in a material respect or recklessly makes any statement which is incorrect in a material respect or knowingly omits any material particular commits an offence and is liable to a fine of $ 50000. * Delete if not applicable. (L.N. 311 of 1993; L.N. 212 of 1996; L.N. 577 of 1997) FORM 5 [regulation 11] NOTICE OF OBJECTION TO THE GRANTING OR RENEWAL OR VARIATION OR TRANSFER* OF A LICENCE OR VARIATION OR CANCELLATION OF A TERM OR CONDITION OF AN EXEMPTION PURSUANT TO SECTION 14/16/18/18A/23* OF THE AIR POLLUTION CONTROL ORDINANCE To: The Authority 1. Full Name of Objector: .......................................................................................... 2. Home Address of Objector: ................................................................................... Office Address of Objector: ................................................................................... Occupation: ........................................................................................................... Telephone No.: ...................................................................................................... 3. Details of the Application Under Objection: Registration No.: ................................................................................................... Name of Applicant: ............................................................................................... Purpose of the Application: .................................................................................... Address of the Premises Where the Specified Process Is To Be Conducted: ............................................................................................................................. 4. Relevant Air Quality Objective(s) being Threatened: ................................................ 5. The grounds for this objection are: (set them out in full) ............................................ .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. ........................................................ (Signature) ObjectorDated this .................... day of .......................... 19 .......... Copy to the Secretary for the Environment, Transport and Works * Delete if not applicable. (L.N. 244 of 1989; L.N 212 of 1996; 78 of 1999 s. 7; L.N. 106 of 2002) FORM 6 [regulation 12] AIR POLLUTION CONTROL (SPECIFIED PROCESSES) REGULATIONS LICENCE FOR THE CONDUCT OF A SPECIFIED PROCESS Licence No.: ........................................................ PART A (Main Licence): Pursuant to section 15/16* of the Air Pollution Control Ordinance, the Authority grants/renews* this licence to ........................................................................................... Full Name of Licence Holder to use or permit to be used the premises at ........................................................................ Full Address of the ....................................................................................................................................... premises at which the specified process is to be conducted for the conduct of the specified process described in Part B subject to the terms and conditions described in or attached to Part C of this licence. This licence shall be effective from the ................... day of ......................... 19 ........ and expire on the ................... day of ............................ 19 ........... ................................................. for Authority Dated this ................... day of ....................... 19 ....... NOTE: (a) This licence consists of three parts, respectively Part A (Main Licence), Part B (Process Description) and Part C (Terms and Conditions). (b) If any variation of this licence is required, the licence holder shall apply for the variation of the licence in accordance with section 18 of the Air Pollution Control Ordinance. (c) Application for renewal of licence must be made not earlier than 120 days before and not later than 60 days after the date of expiry of this licence. (d) A licence holder who contravenes any term or condition of this licence and who is convicted of an offence under section 30A of the Ordinance is liable to a fine of $100000 on condition for a first offence and $200000 and imprisonment for 6 months for a second or subsequent offence and, in addition, to a daily fine of $20000 for a continuing offence. * Delete if not applicable. PART B (Process Description): Hereunder is the brief description of the process to be conducted in the premises mentioned in Part A of this licence. A more exact description of the process is contained in application of registration no. ..........................................................................................dated the ................... day of ............................ 19 ........... 1. Classification of specified process: 2 Installed/Processing* Capacity: 3. Silo Capacity (for Cement Works only):4. Fuel Usage: Emission Point No. Fuel to be Used Consumption Rate Type Ash Content Sulphur Content Other Specifications Maximum Normal 5. Raw Materials and Products: Type Nature or General Composition Raw Materials Usage Product Production Consumption Rate Annual Use Production Rate Annual Production Normal Maximum Normal Maximum 6. Other particulars: PART C (Terms and Conditions): The Authority grants this licence to the licence holder to use or permit to be used the premises as mentioned in Part A of this licence for the conduct of the specified process as mentioned in Part B of this licence, subject to the following terms and conditions: (Hereunder insert the terms and conditions to be imposed to this licence-sections 15(4) and 16(5) of the Air Pollution Control Ordinance) * Delete if not applicable. (L.N. 311 of 1993; L.N. 212 of 1996) FORM 7 [regulation 13] AIR POLLUTION CONTROL (SPECIFIED PROCESSES) REGULATIONS EXEMPTION FROM LICENSING PURSUANT TO SECTION 20 Exemption No.: PART A (Main Exemption): Pursuant to section 20 of the Air Pollution Control Ordinance, the Authority exempts ........................................................................................................... from the operation Full name of exemption holder of section 13 in respect of the premises at ......................................................................... Full address of the premises at.............................................................. which are being used or being developed for use which the specified process is to be conducted for the conduct of the specified process as described in Part B of this exemption. ................................................. for Authority Dated this ................... day of ................... 19 ...... NOTE: (a) This exemption consists of three parts, respectively Part A (Main Exemption), Part B (Process Description) and Part C (Terms and Conditions). (b) The Authority may by notice in writing impose terms and conditions in relation to this exemption in accordance with section 22 of the Ordinance. Any terms and conditions so imposed are described in or attached to Part C of this exemption. (c) Under section 21 of the Ordinance this exemption shall cease if any changes are made to the premises used for the conduct of a specified process. The exemption holder shall then apply for a licence in accordance with section 14 of the Ordinance. (d) The owner of any premises who is convicted of an offence under section 19(3) of the Ordinance is liable to a fine of $50000 and on conviction this exemption shall cease under section 20A of the Ordinance. (e) The exemption holder who contravenes any term or condition of this exemption and who is convicted of an offence under section 30A of the Ordinance is liable to a fine of $100000 on conviction for a first offence and $200000 and imprisonment for 6 months for a second or subsequent offence and, in addition, to a daily fine of $20000 for a continuing offence. (L.N. 311 of 1993) PART B (Process Description): Hereunder is the brief description of the process to be conducted in the premises mentioned in Part A of this record. A more exact description of the process is contained in a notice given to the Authority containing such particulars and information as specified in an order published in the Gazette in accordance with section 19(1) of the Air Pollution Control Ordinance. 1. Classification of specified process: 2. Installed/Processing* Capacity: 3. Silo Capacity (for Cement Works only):4. Fuel Usage: Emission Point No. Fuel to be Used Consumption Rate Type Ash Content Sulphur Content Other Specifications Maximum Normal 5. Raw Materials and Products: Type Nature or General Composition Raw Materials Usage Product Production Consumption Rate Annual Use Production Rate Annual Production Normal Maximum Normal Maximum 6. Other Particulars: PART C (Terms and Conditions): The Authority has imposed by notice in writing to the exemption holder on the ............ day of ............................. 19 ........... in relation to this exemption term and conditions in accordance with section 22 of the Ordinance. This exemption shall continue in force subject to the observance of the terms and conditions which are contained in the said notice and reproduced below: (Hereunder insert the terms and conditions in relation to this exemption-section 22 of the Air Pollution Control Ordinance) * Delete if not applicable. (Enacted 1987. L.N. 311 of 1993; L.N. 212 of 1996) Cap 311F Sched 3 [regulation 7] Fees $ 1. For an application, under section 14 of the Ordinance, for a licence ..................... 6130 2. For an application, under section 16 of the Ordinance, for renewal of a licence .... Nil 3. For an application, under section 18 of the Ordinance, for variation of a licence ... 3795 4. For an application, under section 18A of the Ordinance, for transfer of a licence .. 1840 5. For an application, under section 23 of the Ordinance, for variation or cancellation of any term or condition imposed under section 22 of the Ordinance .................... 3795 6. For a certified copy of an entry in the register .................................................... 60 (Enacted 1987. L.N. 257 of 1994; L.N. 499 of 1996; L.N. 577 of 1997; L.N. 306 of 2000) Cap 311F Sched 4 [regulations 14 & 16] Particulars to be entered in the register of an application for a licence, or for variation of a licence, or for variation or cancellation of a term or condition of an exemption; or where so directed by the Secretary for the Environment, Transport and Works for renewal or transfer of a licence and for cessation of an exemption with application for a licence Item 1. Date of the application. 2. Name and address of applicant. 3. Address of premises where the specified process is to be conducted. 4. Classification of specified process under application. 5. Other specified processes operating in the same premises and their licence or exemption numbers. 6. Date of entry into the register, and the date of notice in newspapers. 7. Points of emission to atmosphere to be listed, with exhaust gas flow rate and exit temperature, and emission rate and composition of noxious offensive emissions (estimated if necessary), control equipment to be used to render noxious or offensive emissions harmless and inoffensive, and mode of discharge to atmosphere, including discharge or chimney heights and their cross-sectional dimensions. 8. A note that any person may object within 30 days of notice in newspapers, to the granting of the application on the grounds that the Air Quality Objective in that area is being threatened or the emission of noxious or offensive emissions would be, or be likely to be, prejudicial to health. An objection requires the name, address, and identity of the person making the objection, the address of the premises of the proposed specified process, and how the Air Quality Objective is being threatened or how the emission of noxious or offensive emissions would cause prejudice to health. Objections should be made in Form 5 in the Second Schedule to the Air Pollution Control (Specified Processes) Regulations and be forwarded to the Authority and copied to the Secretary for the Environment, Transport and Works. 9. A note stating whether an air pollution control plan required under section 14A of the Ordinance has been submitted and whether the plan is available for inspection. Note: Item 9 applies only to an application under section 14 of the Ordinance for a licence. (L.N. 244 of 1989; L.N. 311 of 1993; 78 of 1999 s. 7; L.N. 106 of 2002) Cap 311F Sched 5 [regulations 15 & 16] Particulars to be published in newspapers of an application for a licence or for variation of a licence, or for variation or cancellation of a term or condition of an exemption; or where so directed by the Secretary for the Environment, Transport and Works for renewal or transfer of a licence and for cessation of an exemption with application for a licence Item 1. Name and address of applicant. 2. Address of premises where the specified process is to be conducted. 3. Classification of specified process under application. 4. Other specified processes operating in the same premises and their licence or exemption numbers. 5. A note to explain where particulars of the application may be inspected, and where details of the proposed process, Air Quality Objectives and prescribed forms can be obtained for objection to the application. Any objection must be made within 30 days of the notice. (L.N. 244 of 1989; L.N. 212 of 1996; 78 of 1999 s. 7; L.N. 106 of 2002)
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