Hong Kong Regulations

SEWAGE SERVICES (TRADE EFFLUENT SURCHARGE) REGULATION - SECT 4

Variation of trade effluent surcharge rate

(Past version on 01/07/2007).
(Past version on 01/07/2002).
(Past version on 30/06/1997).

For the saving and transitional provisions relating to the amendments made by
the Resolution of the Legislative Council (L.N. 130 of 2007), see paragraph
(12) of that Resolution.

(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 and submit the results to the Drainage
        Authority together with any other relevant information that the
        Drainage Authority requires. (L.N. 106 of 2002; L.N. 130 of 2007)

(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, II or III 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 3 years. Upon the expiry of
those 3 years the rate provided for in 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. (L.N. 46
of 2007)

(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 3 years in accordance with subsection (3).
(L.N. 46 of 2007) (Enacted 1995. L.N. 199 of 2008)
___________________________________________________________________________
______ 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)).