(Cap 463 section 12) [1 April 1995] (L.N. 60 of 1995) Cap 463B s 1 (Omitted as spent) (Omitted as spent) (Enacted 1995) Cap 463B s 2 Interpretation In this Regulation- "COD" (化学需氧量) means Chemical Oxygen Demand; "CODs" (化学需氧量(沉淀)) means Chemical Oxygen Demand-Settled which is a measurement of the oxygen demand of the water soluble portion of a sample of trade effluent after gravity separation of the nonsoluble portions by the sample being left sitting still for 60 minutes; "CODt" (化学需氧量(总数)) means Chemical Oxygen Demand-Total which is a measurement of the oxygen demand of a total sample of trade effluent without allowing the time necessary to allow gravity separation of the sample; "strength of domestic sewage" (住宅污水浓度) means sewage where CODt equals 500g/m3 and CODt-CODs equals 150g/m3; "water control zone" (水质管制区) means any part of Hong Kong declared to be a water control zone under section 4 of the Water Pollution Control Ordinance (Cap 358). (Enacted 1995) Cap 463B s 3 Trade effluent surcharge rates (1) Subject to subsection (2) and section 4, a consumer or agent who is liable to pay a trade effluent surcharge under section 4 of the Ordinance shall, where the premises to which the surcharge relates produce trade effluent in the course of a trade, business of manufacture listed in column 2 of Schedule 1, pay a surcharge- (a) where the premises are located in a water control zone, at the rate specified in column 3 of Schedule 1; or (b) where the premises are located outside a water control zone, at the rate specified in column 4 of Schedule 1,for each cubic metre of water supplied by the Water Authority, other than water supplied specifically for flushing purposes. (2) For a trade, business or manufacture listed in Schedule 3, the amount of the trade effluent surcharge determined under this section or section 4, as the case may be, shall be equal to 80% of the volume of water supplied, other than water supplied specifically for flushing purposes, multiplied by the applicable rate. (Enacted 1995)_________________________________________________________________________________ Note: The amount of sewage charge payable pursuant to this section shall be reduced in respect of- (a) the period commencing on 1 April 2002 and ending on 31 March 2003 (please see sections 2(2) and 6 of the Revenue (Variation and Reduction of Fees and Charges) Order 2002 (Cap 2 sub. leg. R); (b) bills issued within the period commencing on 1 August 2003 and ending on 30 November 2003 and bills that relate back to that period (please see sections 4 to 6 of the Sewage Services (Reduction of Sewage Charge and Trade Effluent Surcharge) Regulation 2003 (L.N. 131 of 2003)). Cap 463B s 4 Variation of trade effluent surcharge rate (1) Where a consumer or agent believes that- (a) the CODs of trade effluent discharged from his premises is less than the CODs specified in column 4 of Schedule 2 for the relevant trade, business or manufacture; or (b) the difference between the CODt and the CODs of trade effluent discharged from his premises is less than the difference between the CODt specified in column 3 and the CODs specified in column 4 of Schedule 2 for the relevant trade, business or manufacture,he may, at his own expense, have his trade effluent tested by an approved laboratory in accordance with the technical memorandum issued by the Secretary for the Environment, Transport and Works and submit the results to the Drainage Authority together with any other relevant information that the Drainage Authority requires. (L.N. 106 of 2002) (2) Where the Drainage Authority is satisfied that the CODs is less than the CODs in column 4 of Schedule 2 for the relevant trade, business or manufacture or the difference between the CODt and the CODs is less than the difference between the CODt in column 3 and the CODs in column 4 of Schedule 2 for the relevant trade, business or manufacture, he shall determine a new trade effluent surcharge rate using the applicable matrix in Part I or II of Schedule 4. (3) A trade effluent surcharge rate determined under subsection (2) shall take effect from the beginning of the billing period during which such determination was made and shall be in effect for 1 year at which time the rate established under section 3 shall apply subject to the consumer or agent having further tests done under subsection (1) and the Drainage Authority making another determination under this section. (4) Where tests performed under this section show that trade effluent being discharged is equal in strength to, or less in strength than, the strength of domestic sewage, the Drainage Authority shall not impose a trade effluent surcharge for a period of 1 year in accordance with subsection (3). (Enacted 1995)_________________________________________________________________________________ Note: The amount of sewage charge payable pursuant to this section shall be reduced in respect of- (a) the period commencing on 1 April 2002 and ending on 31 March 2003 (please see sections 2(2) and 6 of the Revenue (Variation and Reduction of Fees and Charges) Order 2002 (Cap 2 sub. leg. R); (b) bills issued within the period commencing on 1 August 2003 and ending on 30 November 2003 and bills that relate back to that period (please see sections 4 to 6 of the Sewage Services (Reduction of Sewage Charge and Trade Effluent Surcharge) Regulation 2003 (L.N. 131 of 2003)). Cap 463B s 5 Reduction of trade effluent surcharge by Drainage Authority For the purposes of section 9(1)(d) of the Ordinance, no trade effluent surcharge shall be reduced, waived or refunded unless the volume of wastewater being discharged into a communal drain or communal sewer is not more than 85% of the volume of water on which the trade effluent surcharge is based. (Enacted 1995) Cap 463B s 6 Financial penalties for unpaid trade effluent surcharges (1) Where a consumer or agent fails to pay trade effluent surcharges on or before the date specified for payment, the Drainage Authority may add a late payment penalty equal to 5% of the unpaid amount. (2) Where an amount referred to in subsection (1) remains unpaid 6 months after the date specified for payment, the Drainage Authority may add an additional late payment penalty equal to 10% of the total amount owing. (Enacted 1995) Cap 463B s 7 Notification of incorrect category of use (1) Where a consumer or agent receives a bill for trade effluent surcharges and the bill states that the trade effluent surcharges are based on a trade, business or manufacture that is incorrect, the consumer or agent shall, not more than 30 days after the date the bill was issued, notify the Drainage Authority that it is incorrect and advise the Drainage Authority of the correct trade, business or manufacture or, if he does not know the correct trade, business or manufacture, supply sufficient information on the use of the premises so that the Drainage Authority can determine the correct trade, business or manufacture. (2) A person who fails to notify the Drainage Authority and supply the required information under subsection (1), or supplies false information, commits an offence and is liable on conviction to a fine at level 6. (Enacted 1995) Cap 463B s 8 Transitional Trade effluent surcharges shall not be collected in respect of water supplied during a billing period under the Waterworks Ordinance (Cap 102) which period commenced before the day the Sewage Services Ordinance (Cap 463) comes into operation. (Enacted 1995) Cap 463B Sched 1 [section 3] Item Trade, business or manufacture Rate for premises located in a water control zone $/m3 Rate for premises located outside a water control zone $/m3 1. yarn sizing 3.78 10.67 2. washing new garments, excluding laundries 0.82 0.82 3. bleaching and dyeing of garments 0.64 0.64 4. bleaching and dyeing of knitted fabric 1.01 1.01 5. bleaching and dyeing of woven fabric 1.73 1.73 6. textile stencilling and printing 1.32 1.32 7. knit outerwear 1.01 1.01 8. wearing apparel other than knit outerwear 1.80 1.80 9. spinning cotton 0.34 0.34 10. laundries 0.60 0.60 11. soap and cleaning preparations, perfumes, cosmetics 3.78 16.05 12. medicines 3.78 4.98 13. paints, varnishes and lacquers 1.16 1.16 14. basic industrial chemicals 3.78 4.02 15. tanneries and leather finishing 2.56 2.56 16. pulp, paper and paperboard 4.09 4.09 17. soft drinks and carbonated waters industries 1.49 1.49 18. breweries and manufacture of malt liquor 3.29 3.29 19. distilling, rectifying and blending spirits 0.11 0.11 20. cocoa, chocolate and sugar confectionery 3.78 4.26 21. vermicelli, noodles, and similar farinaceous products 3.29 5.16 22. bakery products 3.29 5.16 23. grain mill products 5.98 9.54 24. vegetable oil, peanut oil, peppermint oil and aniseed oil 3.78 19.55 25. canning, preserving and processing of fish and crustaceans 1.73 1.73 26. canning and preserving fruit and vegetables 3.63 3.63 27. dairy products 3.78 9.15 28. slaughtering, preparing and preserving meat 3.78 9.01 29. soy and other sauces 3.78 8.38 30. restaurants 3.78 9.12 (Enacted 1995) Cap 463B Sched 2 [section 4] Item Trade, business or manufacture CODt g/m3 CODs g/m3 1. yarn sizing 5160 4436 2. washing new garments, excluding laundries 660 330 3. bleaching and dyeing of garments 730 635 4. bleaching and dyeing of knitted fabric 980 837 5. bleaching and dyeing of woven fabric 1290 1090 6. textile stencilling and printing 890 404 7. knit outerwear 1051 935 8. wearing apparel other than knit outerwear 990 476 9. spinning cotton 570 541 10. laundries 725 425 11. soap and cleaning preparations, perfumes, cosmetics 7805 7453 12. medicines 2910 2482 13. paints, varnishes and lacquers 1000 619 14. basic industrial chemicals 2500 2262 15. tanneries and leather finishing 1755 1436 16. pulp, paper and paperboard 1870 947 17. soft drinks and carbonated waters industries 1200 914 18. breweries and manufacture of malt liquor 1780 1304 19. distilling, rectifying and blending spirits 580 485 20. cocoa, chocolate and sugar confectionery 2500 2214 21. vermicelli, noodles, and similar farinaceous products 2500 1548 22. bakery products 2500 1548 23. grain mill products 2860 680 24. vegetable oil, peanut oil, peppermint oil and aniseed oil 7600 5315 25. canning, preserving and processing of fish and crustaceans 1495 1257 26. canning and preserving fruit and vegetables 1990 1628 27. dairy products 3960 3084 28. slaughtering, preparing and preserving meat 3870 2823 29. soy and other sauces 3900 3243 30. restaurants 3600 2315 (Enacted 1995) Cap 463B Sched 3 TRADE, BUSINESS OR MANUFACTURE [section 3] 1. bleaching and dyeing of garments 2. bleaching and dyeing of knitted fabric 3. bleaching and dyeing of woven fabric 4. knit outerwear 5. soft drinks and carbonated waters industries 6. breweries and manufacture of malt liquor 7. distilling, rectifying and blending spirits 8. restaurants (Enacted 1995) Cap 463B Sched 4 [section 4] PART I TRADE EFFLUENT SURCHARGE RATE MATRIX FOR WATER CONTROL ZONE CODs (g/m3) 0 100 130 160 200 250 320 400 500 630 790 1000 1260 1580 2000 (2000) 2000 $3.78 (2000) 2000 1580 $2.82 $2.82 $2.82 $2.86 $3.06 $3.30 $3.63 $4.02 1580 1260 $2.08 $2.08 $2.08 $2.13 $2.32 $2.56 $2.90 $3.29 $3.77 $4.39 1260 1000 $1.49 $1.49 $1.49 $1.54 $1.73 $1.97 $2.31 $2.69 $3.17 $3.80 $4.57 $5.58 1000 790 $1.01 $1.01 $1.01 $1.06 $1.25 $1.49 $1.83 $2.21 $2.69 $3.32 $4.09 $5.10 790 630 $0.64 $0.64 $0.64 $0.69 $0.88 $1.12 $1.46 $1.84 $2.32 $2.95 $3.72 $4.73 $5.98 630 500 $0.34 $0.34 $0.34 $0.39 $0.58 $0.82 $1.16 $1.55 $2.03 $2.65 $3.42 $4.43 $5.68 500 400 $0.11 $0.11 $0.11 $0.16 $0.36 $0.60 $0.93 $1.32 $1.80 $2.42 $3.19 $4.20 $5.45 $6.99 400 320 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 320 250 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 250 200 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 200 160 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 160 130 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 130 100 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 100 0 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 0 0 100 130 160 200 250 320 400 500 630 790 1000 1260 1580 2000 (2000) CODt-s (g/m3) PART II TRADE EFFLUENT SURCHARGE RATE MATRIX FOR NON WATER CONTROL ZONE CODs (g/m3) 0 100 130 160 200 250 320 400 500 630 790 1000 1260 1580 2000 2500 8500 8500 8000 $17.52 $17.52 $17.52 $17.57 $17.76 $18.00 $18.34 $18.72 $19.20 $19.83 $20.60 $21.61 $22.86 $24.40 $26.42 $28.82 8000 7500 $16.37 $16.37 $16.37 $16.42 $16.61 $16.85 $17.19 $17.58 $18.06 $18.68 $19.45 $20.46 $21.71 $23.25 $25.27 $27.68 7500 7000 $15.23 $15.23 $15.23 $15.28 $15.47 $15.71 $16.05 $16.43 $16.91 $17.54 $18.31 $19.32 $20.57 $22.11 $24.13 $26.53 7000 6500 $14.08 $14.08 $14.08 $14.13 $14.32 $14.56 $14.90 $15.29 $15.77 $16.39 $17.16 $18.17 $19.42 $20.96 $22.98 $25.39 6500 6000 $12.94 $12.94 $12.94 $12.99 $13.18 $13.42 $13.76 $14.14 $14.62 $15.25 $16.02 $17.03 $18.28 $19.82 $21.84 $24.24 6000 5500 $11.79 $11.79 $11.79 $11.84 $12.03 $12.27 $12.61 $13.00 $13.48 $14.10 $14.87 $15.88 $17.13 $18.67 $20.69 $23.10 5500 5000 $10.65 $10.65 $10.65 $10.70 $10.89 $11.13 $11.47 $11.85 $12.33 $12.96 $13.73 $14.74 $15.99 $17.53 $19.55 $21.95 5000 4500 $9.50 $9.50 $9.50 $9.55 $9.74 $9.98 $10.32 $10.71 $11.19 $11.81 $12.58 $13.59 $14.84 $16.38 $18.40 $20.81 4500 4000 $8.36 $8.36 $8.36 $8.41 $8.60 $8.84 $9.18 $9.56 $10.04 $10.67 $11.44 $12.45 $13.70 $15.24 $17.26 $19.66 4000 3500 $7.21 $7.21 $7.21 $7.26 $7.45 $7.69 $8.03 $8.42 $8.90 $9.52 $10.29 $11.30 $12.55 $14.09 $16.11 $18.52 3500 3000 $6.07 $6.07 $6.07 $6.12 $6.31 $6.55 $6.89 $7.27 $7.75 $8.38 $9.15 $10.16 $11.41 $12.95 $14.97 $17.37 3000 2500 $4.92 $4.92 $4.92 $4.97 $5.16 $5.40 $5.74 $6.13 $6.61 $7.23 $8.00 $9.01 $10.26 $11.80 $13.82 $16.23 2500 2000 $3.78 $3.78 $3.78 $3.83 $4.02 $4.26 $4.60 $4.98 $5.46 $6.09 $6.86 $7.87 $9.12 $10.66 $12.68 $15.08 2000 1580 $2.82 $2.82 $2.82 $2.86 $3.06 $3.30 $3.63 $4.02 $4.50 $5.13 $5.90 $6.91 $8.16 $9.70 $11.72 $14.12 1580 1260 $2.08 $2.08 $2.08 $2.13 $2.32 $2.56 $2.90 $3.29 $3.77 $4.39 $5.16 $6.17 $7.42 $8.96 $10.98 $13.39 1260 1000 $1.49 $1.49 $1.49 $1.54 $1.73 $1.97 $2.31 $2.69 $3.17 $3.80 $4.57 $5.58 $6.83 $8.37 $10.39 $12.79 1000 790 $1.01 $1.01 $1.01 $1.06 $1.25 $1.49 $1.83 $2.21 $2.69 $3.32 $4.09 $5.10 $6.35 $7.89 $9.91 $12.31 790 630 $0.64 $0.64 $0.64 $0.69 $0.88 $1.12 $1.46 $1.84 $2.32 $2.95 $3.72 $4.73 $5.98 $7.52 $9.54 $11.94 630 500 $0.34 $0.34 $0.34 $0.39 $0.58 $0.82 $1.16 $1.55 $2.03 $2.65 $3.42 $4.43 $5.68 $7.22 $9.24 $11.65 500 400 $0.11 $0.11 $0.11 $0.16 $0.36 $0.60 $0.93 $1.32 $1.80 $2.42 $3.19 $4.20 $5.45 $6.99 $9.01 $11.42 400 320 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 $11.30 320 250 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 $11.30 250 200 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 $11.30 200 160 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 $11.30 160 130 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 $11.30 130 100 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 $11.30 100 0 $0.00 $0.00 $0.00 $0.05 $0.24 $0.48 $0.82 $1.20 $1.68 $2.31 $3.08 $4.09 $5.34 $6.88 $8.90 $11.30 0 0 100 130 160 200 250 320 400 500 630 790 1000 1260 1580 2000 2500 3000 CODt-s (g/m3) (Enacted 1995)
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