Waste Disposal (Charges for Disposal of Chemical Waste) Regulation (Chapter 354J)

WASTE DISPOSAL (CHARGES FOR DISPOSAL OF CHEMICAL WASTE) REGULATION CHAPTER 354J Empowering section VerDate:30/06/1997 (Cap 354 section 33) [16 March 1995] (L.N. 30 of 1995) SECT 1 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1995) SECT 2 Interpretation VerDate:30/06/1997 In this Regulation, unless the context otherwise requires "Centre" 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" 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", 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" has the same meaning as in section 2 of the Waste Disposal (Chemical Waste) (General) Regulation (Cap 354 sub. leg. C). (Enacted 1995) SECT 3 Application VerDate:30/06/1997 This Regulation shall not apply to any disposal of chemical waste occurring outside the Centre. (Enacted 1995) SECT 4 Exemption VerDate:02/01/2007 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. (Enacted 1995) SECT 5 Charges payable to the Director for the disposal of chemical waste VerDate:30/06/1997 (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. (Enacted 1995) SECT 6 Reduction, waiver and refund of charges VerDate:30/06/1997 (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. (Enacted 1995) SCHEDULE 1 CHARGES FOR DISPOSAL OF CHEMICAL WASTE OTHER THAN SPECIAL CHEMICAL WASTE VerDate:09/11/2007 [section 5(1) & (3)] Item Disposal of chemical waste $ per thousand kilograms of chemical waste 1. Incineration of chemical waste basic charge 3490 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 1160 (c) above 50% by weight 1790 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 1800 plus any special handling 3220 2. Physical or chemical treatment of chemical waste basic charge 1130 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 9380 (c) above 40% by weight 26250 plus if any chemical waste contains an ammonia concentration of (a) above 0% and below or equal to 20% by weight 1350 (b) above 20% and below or equal to 40% by weight 11250 (c) above 40% by weight 26250 plus any special handling 3220 3. Oil/Water separation of chemical waste 800 (Enacted 1995. L.N. 167 of 1996; L.N. 231 of 1997; L.N. 133 of 2007) SCHEDULE 2 CHARGES FOR DISPOSAL OF SPECIAL CHEMICAL WASTE VerDate:09/11/2007 [section 5(2) & (3)] Item Disposal of chemical waste $ per thousand kilograms of chemical waste 1. Incineration of chemical waste basic charge 7140 plus if any chemical waste contains a calorific value of 15 Gigajoule/tonne or below 485 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 2500 (c) above 50% by weight 3860 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 1940 (c) above 40% by weight 3890 plus any special handling 6950 2. Physical or chemical treatment of chemical waste basic charge 2070 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 20250 (c) above 40% by weight 56650 plus if any chemical waste contains an ammonia concentration of (a) above 0% and below or equal to 20% by weight 2910 (b) above 20% and below or equal to 40% by weight 24300 (c) above 40% by weight 56650 plus any special handling 6950 3. Oil/Water separation of chemical waste 1360 (Enacted 1995. L.N. 167 of 1996; L.N. 231 of 1997; L.N. 133 of 2007)