Hong Kong Regulations

WATER POLLUTION CONTROL (SEWERAGE) REGULATION - SECT 8

Authority may take over operation of a multi-owner facility

(1) This section applies to a wastewater treatment facility in a water control
zone where there is more than one owner of the facility (in
this section referred to as a "multi-owner facility").

(2) If the owners of a multi-owner facility have failed to comply with any
requirement specified in a notice served under section 6, and it appears to
the Authority that the effluent being discharged from the facility-

   (a)  does not comply with any licence requirement;

   (b)  is or is likely to be a danger to public health;

   (c)  is or is likely to be harmful to the health or safety of any person
        engaged in the operation of the facility or of the drainage or
        sewerage system; or

   (d)  is or is likely to be harmful to the drainage or sewerage system, the
        Authority may, as from a date specified in a notice issued under
        subsection (3), enter the land or premises on which the facility is
        located and take over operation of the facility.

(3) Before exercising any power conferred under subsection (2) the Authority
shall serve on the owners of the land or premises notice of his intention to
enter the land or premises and take over the operation of the
multi-owner facility, and to do so as from a date specified in the notice.

(4) The date specified in a notice served under subsection (3) shall be a date
not before the expiry of 28 days beginning on the day following the day of
service of the notice, except that if the Authority is of the opinion that an
emergency exists which necessitates the earlier exercise of any power
conferred under subsection (2) the date to be specified may be earlier than
the date so calculated, but shall not be earlier than is necessary having
regard to the exigencies of the situation.

(5) A notice under subsection (3) shall include-

   (a)  particulars of any requirement specified in the notice served under
        section 6 which the owners have failed to comply with;

   (b)  any particulars relied on for the purpose of subsection (2)(a) to (d).

(6) A person proposing to exercise any power of entry conferred under this
section in respect of any land that is occupied shall give to the occupier at
least 28 days' notice of his intention to do so; except that where-

   (a)  the Authority is of the opinion that an emergency exists which
        necessitates immediate entry; or

   (b)  the entry is required for the purpose of inspecting any works,
        structure or apparatus or carrying out any routine maintenance on
        them, such shorter notice as may be appropriate in the circumstances
        may be given.

(7) If the owners of a multi-owner facility which is being operated by the
Authority under subsection (2) have satisfied the Authority that they are
capable of operating the facility in compliance with the Ordinance or any
reasonable requirement that may be imposed under a licence or notice issued
under the Ordinance in respect of the facility, the Authority shall as soon as
practicable return the operation of the facility to the owners.

(8) The owners of the multi-owner facility shall be jointly and severally
liable for any costs incurred by the Authority in taking over and operating
the facility under this section, regardless of whether any of the owners has
been convicted of an offence under section 27, and such costs shall be
recoverable as a civil debt due to the Crown. (Enacted 1994)