An Ordinance to provide for the imposition of sewage charges and trade effluent surcharges and other related matters. (Enacted 1994) [The Ordinance other than section 3(5)] 1 April 1995] L.N. 115 of 1995 (Originally 105 of 1994) Cap 463 s 1 Short title and commencement (1) This Ordinance may be cited as the Sewage Services Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Planning, Environment and Lands by notice in the Gazette. (Enacted 1994) Cap 463 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "agent" (代理人) has the same meaning as in the Waterworks Ordinance (Cap 102); "communal drain" (公用排水渠) means a drain that is not used exclusively by one discharger; "communal service" (公用供水系统) has the same meaning as in the Waterworks Ordinance (Cap 102); "communal sewer" (公用下水道) means a sewer that is not used exclusively by one discharger; "consumer" (用户) has the same meaning as in the Waterworks Ordinance (Cap 102); "domestic sewage" (住宅污水) means waste of a kind and quantity that is generated by the use of a toilet, water closet, bath, shower, sink, basin or other sanitary fitment in domestic premises or while at a place of work; "Drainage Authority" (排水事务监督) means the Director of Drainage Services or his authorized representative; "sewage charge" (排污费) means a charge imposed under section 3(1); "trade effluent" (工商业污水) means any effluent, either with or without particles of matter in suspension therein, that is wholly or in part produced in the course of any trade, business or manufacture; "trade effluent surcharge" (工商业污水附加费) means a trade effluent surcharge imposed under section 4; "wastewater" (废水) means water that is directly or indirectly used in or generated by human activity; "Water Authority" (水务监督) means the Director of Water Supplies. (Enacted 1994) Cap 463 s 3 Sewage charges Remarks: Subsection (5) not yet in operation (1) A consumer whose premises are connected, whether directly or indirectly, to a communal drain or a communal sewer which is vested in and maintained by the Government, for the purpose of removing wastewater therefrom shall pay, or if there is a communal service, the agent shall pay, to the Government a sewage charge at a prescribed rate based on the volume of water supplied to the premises by the Water Authority, other than water supplied specifically for flushing purposes. (2) Notwithstanding subsection (1), where the Waterworks Regulations (Cap 102 sub. leg.) provide that there shall be no charge in respect of a prescribed volume of water supplied for domestic purposes, no sewage charge shall be payable in respect of such water provided for such purpose. (3) Notwithstanding subsection (1), a regulation may provide that, where premises are used for a prescribed trade, business or manufacture, the charge under subsection (1) shall be based on a prescribed percentage of the volume of water supplied to the premises by the Water Authority, other than water supplied specifically for flushing purposes. (4) The consumer or agent, as the case may be, shall be billed for, and shall pay, the sewage charge at the same time as for charges under the Waterworks Ordinance (Cap 102), and sections 10(a), 19(4)(c), 21 and 34(2) and (3) of that Ordinance apply to an unpaid sewage charge as though it were a charge imposed under that Ordinance. (5) The Water Authority may increase the amount of a deposit under section 19(1) of the Waterworks Ordinance (Cap 102) where a consumer or agent is liable to pay sewage charges. (Enacted 1994) Cap 463 s 4 Payment of trade effluent surcharges Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) Where a consumer whose premises are connected, whether directly or indirectly, to a communal drain or a communal sewer which is vested in and maintained by the Government, produces trade effluent that is discharged into the communal drain or communal sewer, the consumer shall, or if there is a communal service the agent shall, in addition to a sewage charge, pay to the Government a trade effluent surcharge as prescribed by the Chief Executive in Council. (Amended 34 of 2000 s. 3) (2) The Drainage Authority shall issue a bill for the trade effluent surcharge and the consumer or agent shall pay the bill on or before the date specified in the bill. (3) Where a consumer or agent fails to pay the trade effluent surcharge within the specified time, the Drainage Authority may notify the Water Authority that the trade effluent surcharge is outstanding and, on being so notified, the Water Authority may exercise his powers under section 10(a) of the Waterworks Ordinance (Cap 102) as though the trade effluent surcharge were a charge imposed under that Ordinance. (4) The Drainage Authority may require a consumer or agent to whom this section applies to pay a deposit to cover any trade effluent surcharge that may become due and a deposit under this section is in addition to any deposit required under section 3. |