A GUIDE TO THE CHEMICAL WASTE CONTROL SCHEME Environmental Protection Departmen
A GUIDE TO THE CHEMICAL WASTE CONTROL SCHEME Environmental Protection Department Hong Kong 3 z z z z z z PREFACE The purpose of this guide is to introduce and explain the legislative controls over the management of chemical waste in Hong Kong. Statutory controls now apply to the possession, storage, collection, transport and disposal of chemical waste. This guide is for explanatory purpose only. In case of doubt, the reader is advised to consult the following:- Waste Disposal Ordinance, Laws of Hong Kong Chapter 354 Waste Disposal (Chemical Waste) (General) Regulation Waste Disposal (Permits and Licences) (Fees) Regulation Waste Disposal (Appeal Board) Regulation Copies of the above documents are on sale at the Government Publications Centre. Enquiries concerning the control scheme may be addressed to the Environmental Protection Department at : Address Environmental Protection Department 28/F, Southorn Centre 130 Hennessy Road, Wanchai, Hong Kong. Telephone : 2838 3111 E-mail : enquiry@epd.gov.hk Other relevant publications: A Guide to the Registration of Chemical Waste Producers Code of Practice on the Packaging, Labelling and Storage of Chemical Wastes The above publications are available from the Environmental Protection Department free of charge. CONTENTS Page A. GENERAL A.1 Introduction ….………………………………4 A.2 Interpretation…………………………….…..5 A.3 Defi nition of Chemical Waste………..……….5 B. DUTIES OF CHEMICAL WASTE PRODUCERS B.1 R egistration of Chemical Waste Producers...….6 B.2 Notification of Certain Chemical Waste for Disposal………………………………..…..6 B.3 Packaging, Labelling and Storage of Chemical Wastes………………...………..……7 B.4 Disposal of Chemical Waste……………….…..7 B.5 Collection of Chemical Waste and the “Trip-ticket” System………….………………..8 B.6 Precaut ions Against Dangers from Spillages, Leakages or Accidents involving Chemical Waste…………..……………….…...8 B.7 Penalties…………………………………..…...9 C. LICENSING OF CHEMICAL WASTE COLLECTION & DISPOSAL C.1 Li censing of Chemical Waste Collectors….....10 C.2 Licensing of Chemical Waste Disposal Facilities………...…………………..11 D. OTHER PROVISIONS D.1 Chem ical Wastes which are Dangerous Goods……………….………..12 D.2 Codes of Practice…….……….………….…..12 D.3 Appeals…………… …………..…….………..12 D.4 E xemptions and Defences……..….………….13 Appendix A Schedule of Substances and Chemicals under Control…………………………...14 Appendix B Sample Registration Form…………15 A. GENERAL A.1 Introduction Chemical wastes are liquid, semi-solid and solid wastes which are hazardous in nature or constitute a risk of pollution to the environment. Indiscriminate disposal of chemical waste has very serious health, safety and environmental consequences. Release into coastal waters causes damage to local marine life and accumulation of toxins in sea-food generally creates a serious health hazard to the community. Uncontrolled disposal at municipal waste facilities and into sewerage systems and sewage treatment facilities threatens the health and safety of the operatives. It also results in costly repairs and replacement of these facilities as well as disruption to their operation. The White Paper: Pollution in Hong Kong – A time to act, published in June 1989, set out Government’s intention to introduce complete controls on chemical waste. The Waste Disposal (Chemical Waste)(General) Regulation, enacted on 18 March 1992, under the Waste Disposal Ordinance (Laws of Hong Kong Chapter 354) along with certain sections of the Ordinance provides such a statutory scheme of control. The main objective of the scheme of control is to ensure that chemical waste is properly managed by all parties, from the source of production through to the place of final disposal. Figure 1 illustrates the scheme of control. 4 Figure 1 – “ Cradle to grave” controls on Chemical Waste 5 Specifically, the Waste Disposal (Chemical Waste) (General) Regulation (the Regulation) provides for the definition of chemical waste, the registration of persons producing chemical waste, and the control of the possession, storage, collection, transport and disposal of chemical waste. In addition, the Waste Disposal Ordinance (the Ordinance) provides for the licensing of waste collection, transport and disposal activities and the control on import and export of chemical waste. The main provisions are summarised in this guide. The Environmental Protection Department (EPD) is the enforcement authority for the controls. Under Section 5 of the Regulation and Section 38 of the Ordinance, EPD has the power to implement the controls in phases with respect to different chemical wastes. The commencement dates appointed by EPD will be published in the Government Gazette. A.2 Interpretation (Section 2 of the Regulation & Section 2 of th e Ordinance) In this guide, the terms used are defined as follows – “Code of Practice” means a document issued under Section 35 of the Ordinance for the purpose of giving guidance and directions on the controls; “dangerous goods” has the same meaning as in the Dangerous Goods Ordinance (Cap. 2 95); “disposal” includes treatment, reprocessing, recycling and final disposal; “reception point” generally means a chemical waste disposal facility which is licensed under Section 21 of the Ordinance, but does not include on-site or in-house disposal facilities; “reception point manager” means any person in charge of a reception point or who is authorised to accept chemical waste delivered at that reception point; “registration“ means registration of any person who produces chemical waste or causes it to be produced; “waste collection licence” means a licence issued under Section 21(1) of the Ordinance for the collection and removal of chemical waste; “waste collector” means any person who is granted a licence under Section 21(1) of the Ordinance to provide a service for collection or removal of chemical waste (including any person collecting or removing such waste on his behalf); “waste disposal licence” means a licence issued under Section 21(2) of t he Ordinance for t he disposal of chemical waste; and “waste producer” means any person who – (a) produces chemical waste or causes it to be produced; or (b) who is in possession of or has the custody of chemical waste other than a waste collector or a reception point manager. A.3 Definition of Chemical Waste (Section 3 of the Regulation) Chemical waste is defined by reference to a list of substances and chemicals which forms Schedule 1 to the Regulation, reproduced at Appendix A. Any substance or thing being scrap material, effluent or an unwanted substance or by-product arising from the application of or in the course of any process or trade activity and which contains any of the substances or chemicals specified in the schedule would be regarded as chemical waste if such substance or 6 chemical occurs in such form, quantity or concentration so as to cause pollution or constitute a danger to health o r risk of pollution to the environment. The schedule itself is divided into two parts. Wastes which contain substances or chemicals listed in Part A of the schedule are particularly hazardous and would require advance preparation work to be carried out at the reception point. The procedure for dealing with such wastes is set out in Section B.2 of the guide. Part B of the schedule covers the majority of chemical wastes, including the more common waste types such as acids, alkalis, toxic metals, mineral oils and organic solvents. It should be noted that any discharge or deposit of waste made in compliance with a licence granted under the Water Pollution Control Ordinance (Cap. 358) or the standards stipulated in a relevant Technical Memorandum issued under that ordinance would not be classified as chemical waste. In addition, any chemical waste that is ordinarily produced by a domestic household is exempt from the requirements of the Regulation. EPD can also notify, by publication in the Gazette, certain wastes which will not be defined as chemical waste. Guidance information has been issued on the common industrial processes or activities that give rise to chemical wastes to assist waste producers in identifying chemical waste generation and in the interpretation of the definition of chemical waste. It is contained in the Guide to the Registration of Chemical Waste Producers. Copies of the Guide are available from any EPD offices. B. DUTIES OF CHEMICAL WASTE PRODUCERS B.1 Registration of Chemical Waste Producers (Sections 6 & 7 of the Regulation) Any person who produces chemical waste is required to register with EPD. Registration is a simple procedure involving completing a registration form and the payment of a fee. Chemical waste producers should provide particulars of location of waste generating establishments, nature of business and waste types on the registration form and return it to EPD for processing. A sample registration form is at Appendix B. For details, the Guide to the Registration of Chemical Waste Producers should be consulted. EPD will issue a confirmation note and assign a waste producer number upon completion of the registration procedure. Registration is not transferrable and is only valid in respect of the person and the premises being registered. Every registered waste producer is also required to inform EPD in writing of any changes to the particulars of the registration. The registration provision came into operation on 18 May 1992. All waste producers will be required to register before engaging in any activity which produces chemical waste. EPD will maintain a register containing the names of the waste producers, their locations and the descriptions of their activities. Such a register will be open for inspection by the general public uploads/Management/ guide-e.pdf
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- Publié le Jan 11, 2021
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