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

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)

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

For a billing period for trade effluent surcharge that—

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

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.

Where a consumer or agent believes that—

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)

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.

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)

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)

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.

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.

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.

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.

Where a new trade effluent surcharge rate—

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)

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)

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)—

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)

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—