Cap. 354 sub. leg. J

Waste Disposal (Charges for Disposal of Chemical Waste) Regulaion(Cap. 354, section 33) (Enacting provision omitted—E.R. 5 of 2021)[16 March 1995](Format changes—E.R. 5 of 2021) 1. (Omitted as spent—E.R. 5 of 2021) 2. Interpretation In this Regulation, unless the context otherwise requires—Centre (化學廢物處理中心) means the land and premises—(a) owned by the Government;(b) the subject of a waste disposal licence authorizing the use thereof for the disposal of chemical waste; and(c) known as the Chemical Waste Treatment Centre;special chemical waste (特殊化學廢物) means any chemical waste—(a) which is or contains polychlorinated biphenyls;(b) which is, or has become, unusable for its intended purpose, whether because—(i) it does not meet the specifications for that purpose;(ii) the date by which it may be used for that purpose has passed; or(iii) it has been damaged or affected in a way which makes it unfit to be used for that purpose; or(c) imported into Hong Kong for the purpose of disposing of it in Hong Kong;special handling (特殊處理), in relation to any chemical waste, means that the waste—(a) is highly volatile;(b) is highly inflammable;(c) is spontaneously reactive with air or water;(d) gives any offensive or obnoxious odour;(e) may easily polymerise;(f) is or contains cyanide in an acidic medium;(g) is or contains organic compound that is highly acidic or in a highly acidic medium;(h) is an organic waste that contains fluoride;(i) is or contains any pesticide listed in the register of pesticides maintained under section 4 of the Pesticides Ordinance (Cap. 133);(j) is or contains more than 3% of cyanide by weight;(k) is or contains more than 100 parts per million of mercury by weight;(l) is or contains organo mercury compounds with mercury content above 50 parts per million by weight; or(m) contains more than 500 parts per million of polychlorinated biphenyls by weight;waste producer (廢物產生者) has the same meaning as in section 2 of the Waste Disposal (Chemical Waste) (General) Regulation (Cap. 354 sub. leg. C). 3. Application This Regulation shall not apply to any disposal of chemical waste occurring outside the Centre. 4. Exemption Any chemical waste which is—(a) discharged, or otherwise disposed of, from any vessel other than a vessel which is required to be certificated under the Merchant Shipping (Local Vessels) Ordinance (Cap. 548); or (24 of 2005 s. 55)(b) both—(i) delivered to the Centre for disposal at the request of the Director; and(ii) the subject of a notice in writing by the Director stating that he is satisfied that the waste producer of that waste is unknown,is exempt as chemical waste for the purpose of this Regulation. 5. Charges payable to the Director for the disposal of chemical waste (1) The charge payable to the Director for the disposal of chemical waste (other than special chemical waste) specified in column 2 of Schedule 1 shall be the charge specified opposite thereto in column 3 of that Schedule.(2) The charge payable to the Director for the disposal of special chemical waste specified in column 2 of Schedule 2 shall be the charge specified opposite thereto in column 3 of that Schedule.(3) For the avoidance of doubt, it is hereby declared that any disposal of chemical waste may involve two or more of the disposals of chemical waste specified in column 2 of Schedule 1 or column 2 of Schedule 2, as the case may be. 6. Reduction, waiver and refund of charges (1) The Director may reduce or waive, in whole or in part, any charge payable under this Regulation if in any particular case he is satisfied that the charge would, if imposed, be unduly burdensome or inappropriate in the circumstances of that case.(2) The Director may refund, in whole or in part, any charge paid under this Regulation if the person who paid the charge—(a) lodges with the Director, not later than 1 month after the charge was paid, an application in writing for refund of the charge; and(b) satisfies the Director that the imposition of the charge was unduly burdensome or inappropriate in his case. Schedule 1 [s. 5(1) & (3)]Charges for Disposal of Chemical Waste other than Special Chemical Waste Item Disposal of chemical waste $ per thousand kilogramsof chemical waste 1. Incineration of chemical waste—basic charge 3,490 plus if any chemical waste contains a calorific value of 15 Gigajoule/tonne or below 225 plus if any chemical waste contains a halogen concentration of— (a) above 0% and below or equal to 30% by weight 70 (b) above 30% and below or equal to 50% by weight 1,160 (c) above 50% by weight 1,790 plus if any chemical waste contains a sulphur concentration of— (a) above 0% and below or equal to 20% by weight 61 (b) above 20% and below or equal to 40% by weight 900 (c) above 40% by weight 1,800 plus any special handling 3,220 2. Physical or chemical treatment of chemical waste—basic charge 1,130 plus if any chemical waste contains a chromium concentration of— (a) above 0% and below or equal to 20% by weight 450 (b) above 20% and below or equal to 40% by weight 9,380 (c) above 40% by weight 26,250 plus if any chemical waste contains an ammonia concentration of— (a) above 0% and below or equal to 20% by weight 1,350 (b) above 20% and below or equal to 40% by weight 11,250 (c) above 40% by weight 26,250 plus any special handling 3,220 3. Oil/Water separation of chemical waste 800 (L.N. 167 of 1996; L.N. 231 of 1997; L.N. 133 of 2007) Schedule 2 [s. 5(2) & (3)]Charges for Disposal of Special Chemical Waste Item Disposal of chemical waste $ per thousand kilogramsof chemical waste 1. Incineration of chemical waste—basic charge 7,140 plus if any chemical waste contains a calorific value of 15 Gigajoule/tonne or below 485 plus if any chemical waste contains a halogen concentration of— (a) above 0% and below or equal to 30% by weight 150 (b) above 30% and below or equal to 50% by weight 2,500 (c) above 50% by weight 3,860 plus if any chemical waste contains a sulphur concentration of— (a) above 0% and below or equal to 20% by weight 130 (b) above 20% and below or equal to 40% by weight 1,940 (c) above 40% by weight 3,890 plus any special handling 6,950 2. Physical or chemical treatment of chemical waste—basic charge 2,070 plus if any chemical waste contains a chromium concentration of— (a) above 0% and below or equal to 20% by weight 970 (b) above 20% and below or equal to 40% by weight 20,250 (c) above 40% by weight 56,650 plus if any chemical waste contains an ammonia concentration of— (a) above 0% and below or equal to 20% by weight 2,910 (b) above 20% and below or equal to 40% by weight 24,300 (c) above 40% by weight 56,650 plus any special handling 6,950 3. Oil/Water separation of chemical waste 1,360 (L.N. 167 of 1996; L.N. 231 of 1997; L.N. 133 of 2007)