Cap. 311 sub. leg. R

Air Pollution Control (Construction Dust) Regulation(Cap. 311, section 43)(Enacting provision omitted—E.R. 1 of 2023) [16 June 1997] L.N. 304 of 1997(Format changes—E.R. 1 of 2023) 1. (Omitted as spent—E.R. 1 of 2023) 2. Interpretation (1) In this Regulation, unless the context otherwise requires—construction site (建造工地) means a place where construction work is or is intended to be carried out and includes any area, whether located in such a place or elsewhere, that is used for the storage of—(a) dusty materials or plant used or intended to be used for the purpose of the construction work; or(b) dusty materials produced as a result of the construction work being carried out;construction work (建造工程) means—(a) the construction, demolition, reconstruction, shoring, alteration, maintenance or repair of the whole or any part of any arch, bridge, building, chimney, dock, hoarding, shelter, tunnel, wall, pier, wharf or other structure or any road, slope, embankment, street, railway, tramway, airport, channel, drain, service lane, water conduit, lighting or public utility;(b) dredging;(c) the extraction from the earth of any matter whatsoever;(d) piling;(e) quarrying;(f) reclamation;(g) site formation;(h) any work involved in preparing for any operation of the type referred to in paragraph (a), (b), (c), (d), (e), (f) or (g); and(i) the use of machinery, plant, tools, gear and material in connection with or for any operation referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h);contractor (承建商) means any person or firm engaged in carrying out construction work by way of trade or business, either on his own account or pursuant to a contract or arrangement entered into with another person or firm, including the Government or any public body;dusty materials (易生塵埃物料) includes cement, earth, pulverized fuel ash, aggregates, silt, stonefines, sand, debris, sawdust and wooden chips;emergency work (緊急工程) means—(a) work that is required under emergency situations where human life or building safety is immediately threatened or is being threatened; or(b) repair work that is immediately required as a result of failure of utility services, road collapse or road blockade due to natural uncontrollable forces or accidents;excluded work (除外工程) means—(a) renovation, maintenance and alteration work carried out entirely within the external walls and under the roof of a building;(b) work carried out exclusively for asbestos investigation, abatement and removal;(c) any specified process;(d) work carried out entirely within a tunnel (except work carried out in any part of the tunnel that is within 100 m of any exit to the open air);(e) work carried out entirely under water;(f) repair work (including cleansing and inspection) to an underground sewer, drain, culvert or other pipeline that is carried out entirely within the confines of such sewer, drain, culvert or pipeline;(g) paint brushing and patch repairs carried out on the outer surface of the external wall or the upper surface of the roof of a building;(h) work carried out in a quarry including any associated rehabilitation of the excavated surface; or(i) farming or archaeological activities;notifiable work (應呈報工程) means—(a) site formation;(b) reclamation;(c) demolition of a building;(d) work carried out in any part of a tunnel that is within 100 m of any exit to the open air;(e) construction of the foundation of a building;(f) construction of the superstructure of a building; or(g) road construction work,but does not include any emergency work, excluded work or regulatory work;plant (裝置) includes any plant, equipment, gear, machinery, apparatus or appliance, or any part thereof;reclamation (填海工程) has the same meaning as in section 2 of the Foreshore and Sea-bed (Reclamations) Ordinance (Cap. 127); regulatory work (規管工程) means— (a) renovation carried out on the outer surface of the external wall or the upper surface of the roof of a building; (b) road opening or resurfacing work; (c) slope stabilization work; or (d) any work involving any of the following activities—(i) stockpiling of dusty materials;(ii) loading, unloading or transfer of dusty materials;(iii) transfer of dusty materials using a belt conveyor system;(iv) use of vehicles;(v) pneumatic or power-driven drilling, cutting and polishing;(vi) debris handling;(vii) excavation or earth moving;(viii) concrete production;(ix) site clearance; or(x) blasting, but does not include any emergency work, excluded work or notifiable work; road construction work (道路建造工程) means construction of any permanent road, bridge or underpass for vehicular traffic but does not include any maintenance or resurfacing work to an existing road, bridge or underpass;road opening or resurfacing work (道路開掘或重鋪工程) includes excavation, backfilling to trenches, and temporary or permanent reinstatement of existing roads, streets, footway or bridges for the purpose of—(a) maintenance or resurfacing;(b) erection of poles or structures;(c) trial hole opening; or(d) laying or repairing of pipes, cables, ducts, valve boxes, chambers or any other utility services;site formation (工地平整工程) includes—(a) excavations on sloping land;(b) filling;(c) any earth moving work for preparation of a construction site; and(d) groundwater drainage work as defined in section 2 of the Buildings Ordinance (Cap. 123);specified (指明), in relation to a form or the particulars to be given on a form, means specified by the Authority;utility services (公用服務設施) means public services involving electricity, lighting, traffic control, gas, telecommunications, cable television, water supply, drainage and sewerage, public transportation, and any associated supporting services. (36 of 2000 s. 28)(2) For the purpose of this Regulation, a contractor is responsible for a construction site if he is carrying out construction work at the site or, where more than one contractor is carrying out construction work at the site, if he is the principal contractor carrying out such work. 3. Notification (1) The contractor responsible for a construction site where any notifiable work is proposed to be carried out shall give notice to the Authority of the proposal to carry out the work.(2) A notice under subsection (1) shall be given to the Authority before the proposed notifiable work commences to be carried out and shall be in the specified form and include the specified particulars.(3) Where any change relating to any of the particulars given in a notice under subsection (1) is proposed, the contractor responsible for the construction site shall give notice to the Authority of the proposed change.(4) A notice under subsection (3) shall be given to the Authority before the proposed change takes effect and shall be in the specified form and include the specified particulars.(5) Any person who contravenes this section commits an offence and is liable to a fine at level 4 on conviction for a first offence and to a fine at level 5 on conviction for a second or subsequent offence. 4. Control of notifiable works (1) The contractor responsible for a construction site where a notifiable work is being carried out shall ensure that the work is carried out in accordance with the Schedule.(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 5 on conviction for a first offence and to a fine at level 6 and to imprisonment for 3 months on conviction for a second or subsequent offence, and in addition, if the offence is a continuing offence, to a fine of $10,000 for each day during the whole or any part of which the offence continues. 5. Control of regulatory works (1) The contractor responsible for a construction site where a regulatory work is being carried out shall ensure that the work is carried out in accordance with the Schedule.(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 4 on conviction for a first offence and to a fine at level 5 on conviction for a second or subsequent offence, and in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during the whole or any part of which the offence continues. 6. Control of storage of dusty materials associated with excluded works (1) The contractor responsible for a construction site where an excluded work is being carried out shall ensure that any dusty materials which are—(a) used or intended to be used for the purpose of the excluded work; or(b) produced as a result of the excluded work being carried out,and which are stored outside the site are stored and handled in accordance with any relevant provisions of the Schedule.(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 4 on conviction for a first offence and to a fine at level 5 on conviction for a second or subsequent offence, and in addition, if the offence is a continuing offence, to a fine of $5,000 for each day during the whole or any part of which the offence continues.(3) In this section and section 8(4), construction site (建造工地) means any place where construction work is or is intended to be carried out. 7. Defence of due diligence, etc. It is a defence to a charge against any person for an offence under section 4, 5 or 6 for the person charged to prove that—(a) interruptions or contingencies in the supply of necessary materials, water and equipment;(b) weather conditions prevailing at the time of the offence;(c) a threat or an imminent threat to human life or building safety;(d) the physical constraints of the construction site; or (e) circumstances beyond his control other than those referred to in paragraphs (a), (b), (c) and (d), (L.N. 238 of 1997)prevented him from complying with that section and that he exercised due diligence to avoid the commission of the offence. (L.N. 238 of 1997) 8. Transitional (1) Except as provided in subsection (2), this Regulation does not apply to—(a) any notifiable work or regulatory work that has commenced to be carried out before the day on which this Regulation comes into operation*; or(b) any notifiable work or regulatory work—(i) the tender for which was submitted or, where there was no tender, the contract for which was entered into on or before the day on which this Regulation comes into operation; and (L.N. 238 of 1997)(ii) that commences to be carried out not later than 1 year after that day.(2) If a notifiable work or regulatory work referred to in subsection (1) is still being carried out on the date that is 1 year after the day on which this Regulation comes into operation, this Regulation (except section 3) shall apply to that work commencing on that date.(3) Except as provided in subsection (4), section 6 does not apply to the storage of dusty materials which are used or intended to be used for the purpose of an excluded work, or produced as a result of an excluded work being carried out, if—(a) the excluded work has commenced to be carried out before the day on which this Regulation comes into operation; or(b) the tender for the excluded work was submitted or, where there was no tender, the contract for the excluded work was entered into on or before the day on which this Regulation comes into operation and the excluded work commences to be carried out not later than 1 year after that day. (L.N. 238 of 1997)(4) If an excluded work referred to in subsection (3) is still being carried out on the date that is 1 year after the day on which this Regulation comes into operation, section 6 shall, commencing on that date, apply in respect of any dusty materials which are stored outside the construction site where the excluded work is being carried out, whether or not the dusty materials are so stored before or after that date. Editorial Note: * Operation date: 16 June 1997. Schedule [ss. 4, 5 & 6]Dust Control Requirements Part I Control Requirements for Notifiable Works 1. Site formation In the case of site formation, any relevant requirements set out in Parts III and IV shall be met. 2. Reclamation In the case of reclamation—(a) if a stockpile of dusty materials is more than 1.2 m high and lies within 50 m from any site boundary that adjoins a road, street, service lane or other area accessible to the public, the stockpile shall be properly treated and sealed with latex, vinyl, bitumen or other suitable surface stabilizer; and(b) any relevant requirements set out in Parts III and IV shall be met. 3. Demolition of a building In the case of the demolition of a building—(a) the area at which demolition work takes place shall be sprayed with water or a dust suppression chemical immediately prior to, during and immediately after the demolition activities so as to maintain the entire surface wet;(b) for any wall of the building to be demolished that abuts or fronts upon a street, service lane or other open area accessible to the public, impervious dust screens or sheeting shall be used to enclose the whole wall to a height of at least 1 m higher than the highest level of the structure being demolished;(c) any dusty materials remaining after a stockpile is removed shall be wetted with water and cleared from the surface of roads or streets; and(d) any relevant requirements set out in Parts III and IV shall be met. 4. Work carried out in any part of a tunnel that is within 100 m of any exit to the open air In the case of work carried out in any part of a tunnel that is within 100 m of any exit to the open air, any relevant requirements set out in Parts III and IV shall be met. 5. Construction of the foundation of a building In the case of the construction of the foundation of a building, any relevant requirements set out in Parts III and IV shall be met. 6. Construction of the superstructure of a building In the case of the construction of the superstructure of a building—(a) where a scaffolding is erected around the perimeter of a building under construction, effective dust screens, sheeting or netting shall be provided to enclose the scaffolding from the ground floor level of the building, or if a canopy is provided at the first floor level, from the first floor level, up to the highest level of the scaffolding;(b) any skip hoist for material transport shall be totally enclosed by impervious sheeting; and(c) any relevant requirements set out in Parts III and IV shall be met. 7. Road construction work In the case of road construction work, any relevant requirements set out in Parts III and IV, except section 13(c), shall be met. Part II Control Requirements for Regulatory Works 8. Renovation carried out on the outer surface of the external wall or upper surface of the roof of a building In the case of renovation carried out on the outer surface of the external wall or upper surface of the roof of a building—(a) where a scaffolding is erected around the perimeter of a building under renovation, effective dust screens, sheeting or netting shall be provided to enclose the scaffolding from the ground floor level of the building, or if a canopy is provided at the first floor level, from the first floor level, up to the highest level of the scaffolding;(b) any skip hoist used for material transport shall be totally enclosed by impervious sheeting;(c) any dusty materials remaining after a stockpile is removed shall be wetted with water and cleared from the surface of roads or streets; and(d) any relevant requirements set out in Parts III and IV shall be met. 9. Road opening or resurfacing work In the case of road opening or resurfacing work—(a) any excavated dusty materials or stockpile of dusty materials shall be—(i) covered entirely by impervious sheeting; or(ii) sprayed with water so as to maintain the entire surface wet, and removed or backfilled or reinstated within 24 hours of the excavation or unloading;(b) a stockpile of dusty materials shall not extend beyond the pedestrian barriers, fencing or traffic cones;(c) any dusty materials remaining after a stockpile is removed shall be wetted with water and cleared from the surface of roads or streets; and(d) any relevant requirements set out in Parts III and IV shall be met. 10. Slope stabilization work In the case of slope stabilization work, any relevant requirements set out in Parts III and IV shall be met except—(a) section 13(a);(b) section 13(b); and(c) section 13(c), if the site boundary adjoins any road for vehicular traffic with or without a footway. 11. Other regulatory work In the case of any regulatory work not covered by section 8, 9 or 10, any relevant requirements set out in Parts III and IV shall be met. Part III General Control Requirements 12. General requirements (1) Any air pollution control system, equipment or measure required by any provision of this Schedule shall be operated or implemented (as the case may be) properly and effectively whenever the plant or process concerned is in operation or the activity concerned is engaged in.(2) In the event of a malfunctioning or breakdown of any air pollution control system or equipment, the plant, process or activity concerned shall be stopped as soon as practicable until such time as the air pollution control system or equipment is restored to proper functioning.(3) Except for cleaning formwork or other surfaces receiving concrete prior to concreting or cleaning of slopes prior to shotcreting, a compressed air jet shall not be used for cleaning or clearing dust from any vehicle, equipment, other materials or person.(4)-(5) (Repealed L.N. 238 of 1997) 13. Site boundary and entrance Except for road opening or resurfacing work, or for construction work carried out in a construction site that is completely paved or completely covered with hardcore—(a) vehicle washing facilities including a high pressure water jet shall be provided at every discernible or designated vehicle exit point;(b) the area where vehicle washing takes place and the section of the road between the washing facilities and the exit point shall be paved with concrete, bituminous materials or hardcores;(c) where a site boundary adjoins a road, street, service lane or other area accessible to the public, hoarding of not less than 2.4 m high from ground level shall be provided along the entire length of that portion of the site boundary except for a site entrance or exit. 14. Access road (1) Except for road opening or resurfacing work—(a) every main haul road shall be—(i) paved with concrete, bituminous materials, hardcores or metal plates, and kept clear of dusty materials; or(ii) sprayed with water or a dust suppression chemical so as to maintain the entire road surface wet;(b) the portion of any road leading only to a construction site that is within 30 m of a discernible or designated vehicle entrance or exit shall be kept clear of dusty materials.(2) In this section, main haul road (主要運輸通路) means any course inside a construction site having a vehicle passing rate of higher than 4 in any 30 minutes. 15. Cement and dry pulverized fuel ash (PFA) (1) Every stock of more than 20 bags of cement or dry pulverized fuel ash shall be covered entirely by impervious sheeting or placed in an area sheltered on the top and the 3 sides.(2) Cement or dry pulverized fuel ash delivered in bulk shall be stored in a closed silo fitted with an audible high level alarm which is interlocked with the material filling line such that, in the event of the silo approaching an overfilling condition, an audible alarm is triggered and the material filling stops within one minute.(3) Silos used for the storage of cement or dry pulverized fuel ash shall not be overfilled.(4) Except in the case described in section 25(2), the loading, unloading, transfer, handling or storage of—(a) bulk cement or dry pulverized fuel ash; or(b) any cement or dry pulverized fuel ash during or after the de-bagging process,shall be carried out in a totally enclosed system or facility, and any vent or exhaust shall be fitted with an effective fabric filter or equivalent air pollution control system or equipment. 16. Exposed earth Exposed earth shall be properly treated by compaction, turfing, hydroseeding, vegetation planting or sealing with latex, vinyl, bitumen, shotcrete or other suitable surface stabilizer within 6 months after the last construction activity on the construction site or part of the construction site where the exposed earth lies. (L.N. 238 of 1997) 17. Dusty materials Cement, pulverized fuel ash or any other dusty materials collected by fabric filters or other air pollution control system or equipment shall be disposed of in totally enclosed containers. Part IV Control Requirements for Individual Activities 18. Stockpiling of dusty materials Any stockpile of dusty materials shall be either—(a) covered entirely by impervious sheeting;(b) placed in an area sheltered on the top and the 3 sides; or(c) sprayed with water or a dust suppression chemical so as to maintain the entire surface wet. 19. Loading, unloading or transfer of dusty materials Except for cement and pulverized fuel ash and for cases where the moisture content of the dusty materials is a matter of concern, all dusty materials shall be sprayed with water or a dust suppression chemical immediately prior to any loading, unloading or transfer operation so as to maintain the dusty materials wet. 20. Transfer of dusty materials using a belt conveyor system (1) Every belt conveyor used for the transfer of dusty materials shall be enclosed on the top and the 2 sides.(2) Every transfer point between any 2 belt conveyors shall be totally enclosed.(3) An effective belt scraper or equivalent device shall be installed at the head pulley of every belt conveyor to dislodge fine particles that may adhere to the belt surface and to reduce carry-back of fine particles on the return belt, and the belt scraper or equivalent device shall be equipped with bottom plates or other similar means to prevent falling of materials from the return belt.(4) Every stockpiling belt conveyor shall be provided with a mechanism to adjust its level such that the vertical distance between the belt conveyor outlet and the material landing point is maintained at not more than 1 m.(5) The area for the unloading of dusty materials from a belt conveyor outlet to any stockpile, storage bin, truck and barge shall be enclosed on the top and the 3 sides. 21. Use of vehicles (1) Immediately before leaving a construction site, every vehicle shall be washed to remove any dusty materials from its body and wheels.(2) Where a vehicle leaving a construction site is carrying a load of dusty materials, the load shall be covered entirely by clean impervious sheeting to ensure that the dusty materials do not leak from the vehicle. 22. Pneumatic or power-driven drilling, cutting and polishing Water or a dust suppression chemical shall be continuously sprayed on the surface where any pneumatic or power-driven drilling, cutting, polishing or other mechanical breaking operation that causes dust emission is carried out, unless the process is accompanied by the operation of an effective dust extraction and filtering device. 23. Debris handling (1) Any debris shall be covered entirely by impervious sheeting or stored in a debris collection area sheltered on the top and the 3 sides.(2) Every debris chute shall be enclosed by impervious sheeting or similar materials.(3) Before debris is dumped into a debris chute, it shall be sprayed with water or a dust suppression chemical so that it remains wet when it is dumped. 24. Excavation or earth moving The working area of any excavation or earth moving operation shall be sprayed with water or a dust suppression chemical immediately before, during and immediately after the operation so as to maintain the entire surface wet. 25. Concrete production (1) For concrete production using bulk cement or dry pulverized fuel ash as raw material, the requirements set out in section 15(2), (3) and (4) shall be met.(2) For production of concrete or any other substances using bagged cement or dry pulverized fuel ash in a standard bag (not exceeding 50 kg), the de-bagging, batching and mixing processes shall be carried out in an area sheltered on the top and the 3 sides. 26. Site clearance (1) The working area for the uprooting of trees, shrubs, or vegetation or for the removal of boulders, poles, pillars or temporary or permanent structures shall be sprayed with water or a dust suppression chemical immediately before, during and immediately after the operation so as to maintain the entire surface wet.(2) All demolished items (including trees, shrubs, vegetation, boulders, poles, pillars, structures, debris, rubbish and other items arising from site clearance) that may dislodge dust particles shall be covered entirely by impervious sheeting or placed in an area sheltered on the top and the 3 sides within a day of demolition. 27. Blasting (1) The areas within 30 m from the blasting area shall be wetted with water prior to blasting.(2) Blasting shall not be carried out when the strong wind signal or tropical cyclone warning signal No. 3 or higher is hoisted unless prior permission of the Commissioner of Mines is obtained.