Cap. 463B 《污水處理服務(工商業污水附加費)規例》Sewage Services (Trade Effluent Surcharge) Regulation

生效中

版本日期: 2026-01-15

Cap. 463A

Cap. 464

Sewage Services (Trade Effluent Surcharge) Regulation

(Cap. 463, section 12 and Cap. 1, section 29)

(Enacting provision omitted—E.R. 4 of 2020)

[1 April 1995]

(Format changes—E.R. 4 of 2020)

1.

(Omitted as spent—E.R. 4 of 2020)

2. Interpretation

In this Regulation—

COD (化學需氧量) means Chemical Oxygen Demand; COD_s (化學需氧量₍_沉澱₎) means Chemical Oxygen Demand-Settled which is a measurement of the oxygen demand of the water soluble portion of a sample of trade effluent after gravity separation of the nonsoluble portions by the sample being left sitting still for 60 minutes; COD_t (化學需氧量₍_總數₎) means Chemical Oxygen Demand-Total which is a measurement of the oxygen demand of a total sample of trade effluent without allowing the time necessary to allow gravity separation of the sample; strength of domestic sewage (住宅污水濃度) means sewage where COD_t equals 500g/m³ and COD_t-COD_s equals 150g/m³. (L.N. 106 of 2008)

(L.N. 106 of 2008)

3. Trade effluent surcharge rates

(1)

Subject to subsections (1A) and (2) and section 4, a consumer or agent who is liable to pay a trade effluent surcharge under section 4 of the Ordinance shall, where the premises to which the surcharge relates produce trade effluent in the course of a trade, business or manufacture listed in column 2 of Schedule 1, pay a surcharge— (L.N. 105 of 2019)

(a)

if the billing period for the surcharge begins on a date before 1 August 2008 and ends on a date between 1 August 2008 and 31 July 2009 (both days inclusive), at the rate calculated in accordance with the formula specified in Part I of Schedule 5; (L.N. 106 of 2008 and L.N. 199 of 2008)

(b)

if the billing period for the surcharge begins on a date between 1 August 2008 and 31 July 2009 (both days inclusive) and ends on a date before 1 August 2009, at the rate specified in column 3 of Schedule 1; (L.N. 106 of 2008 and L.N. 199 of 2008)

(c)

if the billing period for the surcharge begins on a date between 1 August 2008 and 31 July 2009 (both days inclusive), and ends on or after 1 August 2009, at the rate calculated in accordance with the formula specified in Part II of Schedule 5; (L.N. 106 of 2008 and L.N. 199 of 2008; L.N. 105 of 2019)

(ca)

if the billing period for the surcharge—

(i)

begins before 2020 and ends in or after 2020; or

(ii)

begins in 2020, 2021, 2022 or 2023 and ends after 2023, (L.N. 81 of 2022)

at the rate calculated in accordance with the formula specified in Part III of Schedule 5; (L.N. 186 of 2021; L.N. 5 of 2026)

(d)

if the billing period for the surcharge—

(i)

begins on or after 1 August 2009 and ends before 1 January 2020; or

(ii)

begins on or after 1 January 2024 and ends before 15 January 2026, (L.N. 177 of 2020; L.N. 186 of 2021; L.N. 81 of 2022; L.N. 5 of 2026)

at the rate specified in column 4 of Schedule 1; (L.N. 105 of 2019; L.N. 5 of 2026)

(e)

if the billing period for the surcharge—

(i)

begins before 15 January 2026 and ends on or after that date; or

(ii)

begins on a date between 15 January 2026 and 14 January 2027 (both dates inclusive),

at the rate calculated in accordance with the formula specified in Part IV of Schedule 5; or (L.N. 5 of 2026)

(f)

if the billing period for the surcharge begins on or after 15 January 2027—at the rate specified in column 4 of Schedule 1, (L.N. 5 of 2026)

for each cubic metre of water supplied by the Water Authority, other than water supplied specifically for flushing purposes.

(1A)

For a billing period for trade effluent surcharge that—

(a)

begins in 2020 and ends in 2020, 2021, 2022 or 2023;

(b)

begins in 2021 and ends in 2021, 2022 or 2023;

(c)

begins in 2022 and ends in 2022 or 2023; or

(d)

begins and ends in 2023,

the rate of the surcharge is $0. (L.N. 81 of 2022)

(2)

For a trade, business or manufacture listed in Schedule 3, the amount of the trade effluent surcharge determined under this section or section 4, as the case may be, shall be equal to 80% of the volume of water supplied, other than water supplied specifically for flushing purposes, multiplied by the applicable rate.

Editorial Note: The amount of trade effluent surcharge payable under this section is reduced in respect of— (a)the period commencing on 1 April 2002 and ending on 31 March 2003—see sections 2(2) and 6 of Cap. 2R; and (b)bills issued within the period 1 August 2003 to 30 November 2003 and bills relating back to that period—see sections 4 to 6 of L.N. 131 of 2003.

4. Variation of trade effluent surcharge rate

(1)

Where a consumer or agent believes that—

(a)

the COD_sof trade effluent discharged from his premises is less than the COD_s specified in column 4 of Schedule 2 for the relevant trade, business or manufacture; or

(b)

the difference between the COD_t and the COD_s of trade effluent discharged from his premises is less than the difference between the COD_t specified in column 3 and the COD_s 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 Environment and Ecology 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; L.N. 144 of 2022)

(2)

Where the Drainage Authority is satisfied that the COD_s is less than the COD_s in column 4 of Schedule 2 for the relevant trade, business or manufacture or the difference between the COD_t and the COD_s is less than the difference between the COD_t in column 3 and the COD_s 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)

(L.N. 106 of 2008 and L.N. 199 of 2008)

Editorial Note: 1.The amount of trade effluent surcharge payable under this section is reduced in respect of—(a)the period commencing on 1 April 2002 and ending on 31 March 2003—see sections 2(2) and 6 of Cap. 2R; and(b)bills issued within the period 1 August 2003 to 30 November 2003 and bills relating back to that period—see sections 4 to 6 of L.N. 131 of 2003. 2.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.

5. Reduction of trade effluent surcharge by Drainage Authority

For the purposes of section 9(1)(d) of the Ordinance, no trade effluent surcharge shall be reduced, waived or refunded unless the volume of wastewater being discharged into a communal drain or communal sewer is not more than 85% of the volume of water on which the trade effluent surcharge is based.

6. Financial penalties for unpaid trade effluent surcharges

(1)

Where a consumer or agent fails to pay trade effluent surcharges on or before the date specified for payment, the Drainage Authority may add a late payment penalty equal to 5% of the unpaid amount.

(2)

Where an amount referred to in subsection (1) remains unpaid 6 months after the date specified for payment, the Drainage Authority may add an additional late payment penalty equal to 10% of the total amount owing.

7. Notification of incorrect category of use

(1)

Where a consumer or agent receives a bill for trade effluent surcharges and the bill states that the trade effluent surcharges are based on a trade, business or manufacture that is incorrect, the consumer or agent shall, not more than 30 days after the date the bill was issued, notify the Drainage Authority that it is incorrect and advise the Drainage Authority of the correct trade, business or manufacture or, if he does not know the correct trade, business or manufacture, supply sufficient information on the use of the premises so that the Drainage Authority can determine the correct trade, business or manufacture.

(2)

A person who fails to notify the Drainage Authority and supply the required information under subsection (1), or supplies false information, commits an offence and is liable on conviction to a fine at level 6.

8. Transitional

(1)

Where a new trade effluent surcharge rate—

(a)

is determined under section 4(2) before 1 August 2008 during a billing period; and

(b)

is applicable to the relevant consumer or agent on 1 August 2008,

the new rate shall be in effect for 3 years from the beginning of the billing period. On 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 section 4(1) and the Drainage Authority making another determination under section 4. (L.N. 106 of 2008 and L.N. 199 of 2008)

(2)

Where a new trade effluent surcharge rate is determined under section 4(2) and the billing period during which the determination is made begins before 1 August 2008, the reference to Schedules 2 and 4 in section 4(2) shall be read as a reference to those Schedules as in force immediately before 1 August 2008. (L.N. 106 of 2008)

(3)

Where a new trade effluent surcharge rate is determined under section 4(2) and the billing period during which the determination is made begins on a date between 1 August 2008 and 31 July 2009 (both days inclusive)—

(a)

the reference to Schedule 2 in section 4(2) shall be read as a reference to Schedule 2 as in force on 1 August 2008; and

(b)

the applicable matrix is the matrix in Part I of Schedule 4. (L.N. 106 of 2008)

(4)

Where a new trade effluent surcharge rate is determined under section 4(2) and the billing period during which the determination is made begins on a date between 1 August 2009 and 31 July 2010 (both days inclusive)— (L.N. 199 of 2008)

(a)

the reference to Schedule 2 in section 4(2) shall be read as a reference to Schedule 2 as in force on 1 August 2008; and

(b)

the applicable matrix is the matrix in Part II of Schedule 4. (L.N. 106 of 2008)

(5)

Where a new trade effluent surcharge rate is determined under section 4(2) and the billing period during which the determination is made begins on or after 1 August 2010—

(a)

the reference to Schedule 2 in section 4(2) shall be read as a reference to Schedule 2 as in force on 1 August 2008; and

(b)

the applicable matrix is the matrix in Part III of Schedule 4. (L.N. 106 of 2008 and L.N. 199 of 2008)

(L.N. 46 of 2007)

Schedule 1 — Trade Effluent Surcharge Rates

[s. 3 & Sch. 5](L.N. 199 of 2008)

Item	Trade, business or manufacture	Rate applicable for the period between 1 August 2008 and 31 July 2009 (both dates inclusive)	Rate applicable for the period between 1 August 2009 and 31 December 2019 (both dates inclusive) and from 1 January 2024 onwards
		$/m³	$/m³
1.	yarn sizing	4.13	4.51
2.	washing new garments, excluding laundries	0.41	0.41
3.	bleaching and dyeing of knitted fabric	0.41	0.41
4.	bleaching and dyeing of woven fabric	1.20	1.20
5.	knit outerwear	0.41	0.41
6.	wearing apparel other than knit outerwear	0.41	0.41
7.	spinning cotton	0.37	0.41
8.	soap and cleaning preparations, perfumes, cosmetics	4.13	4.51
9.	medicines	4.13	4.51
10.	paints, varnishes and lacquers	1.27	1.38
11.	basic industrial chemicals	0.76	0.76
12.	tanneries and leather finishing	0.76	0.76
13.	pulp, paper and paperboard	4.47	4.88
14.	soft drinks and carbonated waters industries	0.47	0.47
15.	breweries and manufacture of malt liquor	4.13	4.51
16.	distilling, rectifying and blending spirits	4.13	4.51
17.	cocoa, chocolate and sugar confectionery	4.13	4.51
18.	vermicelli, noodles and similar farinaceous products	4.13	4.51
19.	bakery products	3.59	3.92
20.	grain mill products	2.77	2.77
21.	vegetable oil, peanut oil, peppermint oil and aniseed oil	2.48	2.48
22.	canning, preserving and processing of fish and crustaceans	1.78	1.78
23.	canning and preserving of fruit and vegetables	3.41	3.41
24.	dairy products	4.13	4.51
25.	slaughtering, preparing and preserving meat	1.74	1.74
26.	soy and other sauces	4.13	4.51
27.	restaurants	3.05	3.05

(Schedule 1 replaced L.N. 106 of 2008. L.N. 199 of 2008; L.N. 105 of 2019; L.N. 177 of 2020; L.N. 186 of 2021; L.N. 81 of 2022; L.N. 5 of 2026)

Schedule 2 — COD Values

[ss. 4 & 8]

Item	Trade, business or manufacture	COD_t	COD_s
		g/m³	g/m³
1.	yarn sizing	2000	2000
2.	washing new garments, excluding laundries	566	507
3.	bleaching and dyeing of knitted fabric	665	607
4.	bleaching and dyeing of woven fabric	1053	981
5.	knit outerwear	566	507
6.	wearing apparel other than knit outerwear	566	507
7.	spinning cotton	570	541
8.	soap and cleaning preparations, perfumes, cosmetics	2000	2000
9.	medicines	2000	2000
10.	paints, varnishes and lacquers	1000	619
11.	basic industrial chemicals	677	656
12.	tanneries and leather finishing	807	781
13.	pulp, paper and paperboard	1870	947
14.	soft drinks and carbonated waters industries	826	628
15.	breweries and manufacture of malt liquor	2000	2000
16.	distilling, rectifying and blending spirits	2000	2000
17.	cocoa, chocolate and sugar confectionery	2000	2000
18.	vermicelli, noodles and similar farinaceous products	2000	2000
19.	bakery products	2000	1506
20.	grain mill products	1521	1290
21.	vegetable oil, peanut oil, peppermint oil and aniseed oil	1320	1310
22.	canning, preserving and processing of fish and crustaceans	1141	873
23.	canning and preserving of fruit and vegetables	2000	1822
24.	dairy products	2000	2000
25.	slaughtering, preparing and preserving meat	1129	769
26.	soy and other sauces	2000	2000
27.	restaurants	1630	1320

(Schedule 2 replaced L.N. 106 of 2008)

Schedule 3 — Trade, Business or Manufacture

[s. 3]

1.

(Repealed L.N. 106 of 2008)

2.

bleaching and dyeing of knitted fabric

3.

bleaching and dyeing of woven fabric

4.

knit outerwear

5.

soft drinks and carbonated waters industries

6.

breweries and manufacture of malt liquor

7.

distilling, rectifying and blending spirits

8.

restaurants

Schedule 4

[ss. 4 & 8]

Part I — Trade Effluent Surcharge Rate Matrix for Billing Period Beginning on a Date between 1 August 2008 and 31 July 2009 (Both Days Inclusive)

COD_(s)
(g/m³)

COD_(t-s) (g/m³)

Part II — Trade Effluent Surcharge Rate Matrix for Billing Period Beginning on a Date between 1 August 2009 and 31 July 2010 (Both Days Inclusive)

COD_(s)
(g/m³)

COD_(t-s) (g/m³)

Part III — Trade Effluent Surcharge Rate Matrix for Billing Period Beginning on or after 1 August 2010

COD_(s)
(g/m³)

COD_(t-s) (g/m³)

(Schedule 4 replaced L.N. 106 of 2008 and L.N. 199 of 2008)

Schedule 5

[s. 3]

Part I — Rates of Surcharge in respect of Billing Period Beginning on a Date before 1 August 2008 and Ending on a Date between 1 August 2008 and 31 July 2009 (Both Days Inclusive)

(N1 x R1) + (N2 x R2)
(N1 + N2)

(a)

In this formula—

N1:

number of days of the relevant billing period before 1 August 2008;

R1:

the rate that is specified in respect of the trade, business or manufacture concerned in column 3 or 4 (as may be appropriate) of Schedule 1 as in force immediately before the commencement* of the Sewage Services (Trade Effluent Surcharge) (Amendment) Regulation 2008 (L.N. 106 of 2008);

N2:

number of days of the relevant billing period after 31 July 2008;

R2:

the rate that is specified in respect of the trade, business or manufacture concerned in column 3 of Schedule 1.

(b) In paragraph (a), relevant billing period (有關的發單收費期間) means the billing period that begins on a date before 1 August 2008 and ends on a date between 1 August 2008 and 31 July 2009 (both days inclusive).

Editorial Note: Commencement date: 1 August 2008.

Part II — Rates of Surcharge in respect of Billing Period Beginning on a Date between 1 August 2008 and 31 July 2009 (Both days Inclusive), and Ending on or after 1 August 2009

(N1 x R1) + (N2 x R2)
(N1 + N2)

(a)

In this formula—

N1:

number of days of the relevant billing period before 1 August 2009;

R1:

the rate that is specified in respect of the trade, business or manufacture concerned in column 3 of Schedule 1;

N2:

number of days of the relevant billing period after 31 July 2009;

R2:

the rate that is specified in respect of the trade, business or manufacture concerned in column 4 of Schedule 1.

(b) In paragraph (a), relevant billing period (有關的發單收費期間) means the billing period that begins on a date between 1 August 2008 and 31 July 2009 (both days inclusive), and ends on or after 1 August 2009.

Part III — Rates of Surcharge for Billing Period Specified in Section 3(1)(ca)

N1 × R
N1 + N2

(a)

In this formula—

N1:

number of days of the relevant billing period that do not fall within 2020, 2021, 2022 or 2023;

N2:

number of days of the relevant billing period that fall within 2020, 2021, 2022 or 2023;

the rate that is specified for the trade, business or manufacture concerned in column 4 of Schedule 1. (L.N. 177 of 2020; L.N. 186 of 2021; L.N. 81 of 2022)

(b)

In paragraph (a)—

relevant billing period (有關發單收費期間) means a billing period that— (i)begins before 2020 and ends in or after 2020; or (ii)begins in 2020, 2021, 2022 or 2023 and ends after 2023. (L.N. 81 of 2022)

(Part III added L.N. 105 of 2019)

Part IV — Rates of Surcharge for Billing Period Specified in Section 3(1)(e)

(N1 × R) + (N2 × R × 50%)
N1 + N2

(a)

In this formula—

N1:

number of days of the relevant billing period that do not fall within the concession period;

N2:

number of days of the relevant billing period that fall within the concession period;

the rate specified in column 4 of Schedule 1 for the trade, business or manufacture concerned or (if applicable) the rate determined under section 4 for the case concerned.

(b)

In paragraph (a)—

concession period (寬免期) means the period from 15 January 2026 to 14 January 2027 (both dates inclusive); relevant billing period (有關發單收費期間) means a billing period that— (i)begins before 15 January 2026 and ends on or after that date; or (ii)begins on a date between 15 January 2026 and 14 January 2027 (both dates inclusive).

(Part IV added L.N. 5 of 2026)

(Schedule 5 added L.N. 106 of 2008 and L.N. 199 of 2008)