Restaurant Related Environmental Laws and Licence Application Procedures
- Offices of the Environmental Protection Department
- Air Pollution Control Ordinance
- Water Pollution Control Ordinance
- Noise Pollution Control Ordinance
- Waste Disposal Ordinance
- Bilingual Law Information System
Air Pollution Control Ordinance (Cap. 311)
The Air Pollution Control Ordinance is the main legislation controlling air pollutants from industrial and commercial activities and other polluting sources. The Ordinance is applicable to all polluting processes emitting air pollutants from chimneys, engines, furnaces or industrial facilities. The Environmental Protection Department is responsible for enforcing provisions in the Air Pollution Control Ordinance and its subsidiary legislations.
The following regulations are related to the restaurant trade :
Unless exempted by the Regulations, anyone wishes to install, alter or modify any furnace, oven, chimney or flue should apply to the EPD not less than 28 days before the commencement of such work. Any person who carries out, or permits to be carried out any work in relation to installation, alteration or modification of any furnace, oven, chimney or flue before obtaining approval from the EPD commits an offence. The following are exemptions to the Regulation :
Also, the Regulations do not apply to any furnace, oven, chimney or flue used for the conduct of a specified process upon any premises where -
Notes to applicants:
All these items should be prepared by a qualified engineer, except item (f) which should be made by an authorized person. If deemed necessary, the Authority may ask the Applicant to submit a block plan prepared by an authorized person, showing the height of buildings surrounding the premises. |
The Air Pollution Control (Smoke) Regulations (Cap.311C) stipulates that dark smoke emission from any chimney or relevant plant must not exceed :
The darkness of smoke is determined by comparing the shade of smoke to the shades on a Ringlemann Chart. When the shade of the smoke is as dark or darker than the shade No. 1 on the Ringlemann Chart, the smoke will be classified as dark smoke as defined by the above Regulation. In accordance with the above Regulations, it is an offence for the management of a restaurant to allow its chimney, flue or related facilities to emit in exceedance of the above standard. |
Under the Air Pollution Control (Fuel Restriction) Regulation (Cap.311I), fuels allowed to be used in restaurants are as follows : For Districts other than Sha Tin Fuel Restriction Area:
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Water Pollution Control Ordinance (Cap. 358)
Except for domestic sewage discharging into communal sewers, a Discharge Licence from the EPD should be obtained prior to the discharge of commercial waste water in any Water Control Zones. The EPD will process any licence application and stipulate conditions in the license in accordance with the "Technical Memorandum Standards for Effluents Discharged into Drainage and Sewerage Systems, Inland and Coastal Waters".
In addition, restaurants must always be alert that treated effluent from the restaurant must be connected to communal sewer leading to waste water treatment facilities. Storm drains are to collect rain water only. Any person discharging waste water into storm drain commits an offence under this Ordinance.
Free application forms for Discharge Licences are available from EPD offices. Applicants are required to submit duly completed application forms, together with water bills for the last three months or information for estimation of water consumption to EPD regional control offices. Applicants can also submit a signed copy of the application to the corresponding Regional Office via email first before providing the original hard copy by post/in person to the Office. If necessary, EPD officials may ask the applicants for other related information (such as drainage plan). Applicants are required to pay an appropriate licence application fee.
A Discharge Licence will contain relevant conditions, such as discharge point, requisite waste water treatment facilities, maximum discharge volume, standard for discharge, requirements for self-monitoring and keeping of records (including self-financed sampling, laboratory testing and analysis). A Discharge Licence is normally valid for five years and can be renewed upon application.
Noise Control Ordinance (Cap. 400)
The Director of Environmental Protection has been appointed as the Noise Control Authority responsible for the enforcement of the Noise Control Ordinance. The Ordinance provides, among others, a statutory control for the avoidance and reduction of noise from industrial and commercial premises.
If noise from industrial and commercial premises exceeds the "Acceptable Noise Level" laid down in the "Technical Memorandum for the Assessment of Noise from Places other than Domestic Premises, Public Places or Contruction Sites", or causes nuisance to noise sensitive receivers, EPD will issue a "Noise Abatement Notice(NAN)" to the person in charge of the premises, requiring him/her to abate the noise to within statutory limits by a specified time period. Failure to comply with the requirements of a NAN is an offence under the Noise Control Ordinance.
Waste Disposal Ordinance (Cap.354)
It is an offence under the Ordinance for any person who without lawful authority or excuse deposits or causes or permits to be deposited any waste in a public place, on any Government land, or on any land other than Government land without the consent of the owner or occupier.
Apart from the above general provision, the Ordinance has the following two major regulations :
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Waste Disposal (Chemical Waste)(General) Regulation (Cap.354C)
The Regulation provides for the control of all aspects of chemical waste disposal, including storage, collection, transport, treatment and final disposal. Any person producing or causing to be produced chemical waste must be registered with EPD as a Chemical Waste Producer. Chemical waste must be properly stored and labeled before disposal. Only licensed collectors are allowed to deliver chemical waste to licensed chemical waste treatment facilities for treatment. Chemical waste producers must maintain a proper record of delivery of chemical waste for inspection by EPD officials. -
Waste Disposal (Livestock Waste) Regulations (Cap.354A)
The Regulations set out the legal requirements for proper handling of livestock waste to guard against dangers to public health or risks of pollution.
Livestock farmers are required by the Regulations to ensure that the disposal of livestock waste will not cause any pollution or nuisance to the environment. In particular, liquid livestock waste must be treated to meet the following standard for waste water prior to disposal at soakaway pits :- Biochemical oxygen demand : not exceeding 50 mg per litre, and
- suspended solid : not exceeding 50 mg per litre
Under the Waste Disposal Ordinance, a permit system has been introduced to control the import and export of waste into and out of Hong Kong with a view to meeting requirements laid down in the Basel Treaty.
Offices of the Environmental Protection Department
Office | Address | Telephone | Faxline | Districts | |
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Customer Service Hotline | / | 2838 3111 | 2838 3111 | N/A | |
Regional Office (East) | 5/F, Nan Fung Commercial Centre, 19 Lam Lok Street, Kowloon Bay, Kowloon. 8/F, Cheung Sha Wan Government Offices, 303 Cheung Sha Wan Road, Kowloon. |
2755 5518 2402 5200 |
2756 8588 2402 8272 |
Kwun Tong, Wong Tai Sin, Sai Kung & Kowloon City Yau Tsim Mong |
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Regional Office (South) | 2/F, Chinachem Exchange Square, 1 Hoi Wan Street, Quarry Bay, Hong Kong. | 2516 1718 | 2960 1760 | Hong Kong Island & Islands |
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Regional Office (West) | 8/F, Tsuen Wan Government Offices, 38 Sai Lau Kok Road, Tsuen Wan, New Territories. | 2417 6116 | 2411 3073 | Tuen Mun, Tsuen Wan, Kwai Tsing & Sham Shui Po |
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Regional Office (North) | 10/F, Sha Tin Government Offices, No.1 Sheung Wo Che Road, Sha Tin, New Territories. | 2158 5757 | 2685 1133 | Yuen Long, Shatin, Tai Po & North District |
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Compliance Assistance Centre | 2/F, Chinachem Exchange Square, 1 Hoi Wan Street, Quarry Bay, Hong Kong | 2838 3111 press "5" after language selection |
3741 1748 | / | N/A |
Revenue Tower Office | 33/F, Revenue Tower, 5 Gloucester Road, Wan Chai, Hong Kong. | 2824 3773 | 2838 2155 | / | N/A |