Laws and Licence Application

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 :

Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations (Cap.311A) 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 : Small installations with total designed hourly fuel consumption not more than 25 litres of liquid fuel, 35 kilograms of solid fuel or 1,150 Megajoules of gaseous fuel. Installations heated solely by electricity. 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 - The conduct of that specified process is licensed under the Ordinance, or The owner of such premises is exempted from applying for the licence by reason of application of Section 20 of the Ordinance in relation to that specified process. Notes to applicants: Application is free of charge, but must be made not less than 28 days before the commencement of construction work and accompanied by all necessary documents. The application shall be accompanied by the elevation and plan view of the proposed furnace, oven, chimney or flue, prepared by an authorized person or a qualified engineer. The application should also include the following specifications : Type, grade and quantity of fuel to be used; The expected operating hours in each period of twenty-four hours of these furnaces, ovens, chimneys or flues; Details of any automatic or semi-automatic control connected; Details of any control on the quantity of fuel consumed and air admitted; If the furnace or oven is attached to a boiler, the manufacturer's published rating of that boiler; Structural details including the height, cross-sectional area and material of construction of any chimney, whether to be installed or existing on the premises; For firing with solid fuel, the details of any mechanical stoking device; For firing with liquid or gaseous fuel, the details of any burner appliance used. 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) The Air Pollution Control (Smoke) Regulations (Cap.311C) stipulates that dark smoke emission from any chimney or relevant plant must not exceed : 6 minutes in any period of 4 hours, or 3 minutes continuously at any one time. 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.

Air Pollution Control (Fuel Restriction) Regulation (Cap.311I) Under the Air Pollution Control (Fuel Restriction) Regulation (Cap.311I), fuels allowed to be used in restaurants are as follows : For the Sha Tin Fuel Restriction Area: Gaseous fuels only For Districts other than Sha Tin Fuel Restriction Area: Gaseous fuel Conventional solid fuel with a sulphur content not exceeding 1% by weight Liquid fuel with a sulphur content not exceeding 0.005% by weight and viscosity of not more than 6 centistokes at 40℃, such as Ultra Low Sulphur Diesel ("ULSD")

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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 for 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.

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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.

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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 :

1. 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.

2. 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 :

   1. Biochemical oxygen demand : not exceeding 50 mg per litre, and
   2. 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.

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Offices of the Environmental Protection Department