### Air Pollution Control (Furnaces, Ovens and Chimneys) (Installation and Alteration) Regulations 《空氣污染管制(火爐、烘爐及煙囱)(安裝及更改)規例》

8. Refusal of approval of plan
(1) The Authority may refuse to give his approval to any plans and specifications submitted to him under regulation 4, 5 or 7 if he is not satisfied that the furnace, oven, chimney or flue in respect of which such plans and specifications are submitted, can be operated—
(a) without contravening the Ordinance;
(b) without causing or contributing to the existence or imminence of air pollution; or (L.N. 310 of 1993)
(c) without emitting air pollutant by reason of— (L.N. 310 of 1993)
(i) unsuitable design, defective construction or maintenance;
(ii) excessive wear and tear;
(iii) the use of unsuitable fuel or other material; or
(iv) improper operation. (L.N. 310 of 1993)
(2) If the Authority refuses to give his approval under paragraph (1), he shall by notice in writing signify his refusal and the reasons therefor to the occupier who submitted the plans and specifications.
(L.N. 202 of 1979; 17 of 1983 s. 50)

9. Approval deemed given if refusal not notified
(1) If any plans and specifications are submitted to the Authority for his approval under regulation 4, 5 or 7 approval shall be deemed to have been given unless he has signified his refusal to give his approval under regulation 8(2) within 28 days from the time of submission of the plans and specifications. (L.N. 202 of 1979; 17 of 1983 s. 50; L.N. 261 of 1987)
(2) Nothing in this regulation shall apply to an application which is deemed by regulation 4(2) to have been submitted for the purposes of regulation 4(1). (L.N. 261 of 1987)

10. Certificate of approval
If the Authority gives his approval to any plans and specifications submitted to him, he shall issue a certificate of approval in the form prescribed in the Schedule, to the occupier who has submitted the same.
(L.N. 202 of 1979; 17 of 1983 s. 50)

11. Prohibition of carrying out work without approval
No occupier shall carry out or cause or permit to be carried out any work in relation to installation, alteration or modification of any furnace, oven, chimney or flue on his premises unless approval in respect of all the plans and specifications of the same is obtained in accordance with these regulations.

### Air Pollution Control (Dust and Grit Emission) Regulations 《空氣污染管制(塵埃及砂礫排放)規例》

1. Citation
These regulations may be cited as the Air Pollution Control (Dust and Grit Emission) Regulations.
(17 of 1983 s. 50; L.N. 262 of 1987)

2. Interpretation
In these regulations, unless the context otherwise requires—
dust (塵埃) means particles of solid matter which will pass through a sieve of 75 micrometre nominal aperture in conformity with BS 410: 1986 of the British Standards Institution; (L.N. 262 of 1987)
grit (砂礫) means particles of solid matter which are retained in a sieve of 75 micrometre nominal aperture in conformity with BS 410: 1986 of the British Standards Institution; (L.N. 262 of 1987)
person using a liquid fuel (使用液體燃料的人) includes a person who is the owner or has possession or control of the burner of the furnace, oven or industrial plant in which the liquid fuel is used;
rated capacity (額定功率) in relation to a burner of any furnace, oven or industrial plant means the manufacturer’s published capacity rating of the burner or, if such capacity rating is not available, the capacity rating of the burner as measured by a method approved by the Authority; (17 of 1983 s. 50)
sample (樣本) means a gross sample composed of a number of increments taken separately or cumulatively;
viscosity (黏度) in relation to a liquid fuel means the strength or resistance of the liquid fuel offered to shear, such strength or resistance being determined by the rate of flow of the liquid fuel in given circumstances and at given temperatures expressed in centistokes or by any of the test procedures contained in the First Schedule. (L.N. 262 of 1987)
(L.N. 262 of 1987)

### Air Pollution Control (Dust and Grit Emission) Regulations 《空氣污染管制(塵埃及砂礫排放)規例》

3. Provision of sampling points
(1) If it appears to the Authority that a sampling point for the purpose of taking samples of dust and grit under regulation 6(1)(a)(i) or (ii) should be provided he may serve a notice in writing upon the occupier of the premises upon which any furnace, oven, industrial plant, chimney or flue is situated— (L.N. 262 of 1987)
(a) requiring him, within 60 days of service of the notice or such further period as the Authority may grant, to provide and install at his own cost such sampling point as may be specified in the notice; and
(b) specifying the design and position of the sampling point required to be installed which shall, if provided for the purpose of regulation 6(1)(a)(i) and in so far as is reasonably practicable, comply with Reference Method 5 of the United States of America Environmental Protection Agency for determination of particulate emission from stationary sources. (L.N. 262 of 1987)
(2) If any person fails to comply with the requirements or specifications of a notice served on him under paragraph (1), he shall be guilty of an offence and shall be liable on conviction to a fine at level 2 and, in addition, to a fine of $50 for each day during which it is proved that the offence has continued: (E.R. 5 of 2022)
Provided that if an appeal is made under section 31 of the Ordinance, no offence shall be deemed to have been committed until after such appeal is determined or abandoned.
(17 of 1983 s. 50)

4. Duties of occupier
(1) The occupier of the premises upon which a sampling point is installed shall make provision for safe access to the sampling point and shall maintain the sampling point in good condition.
(2) If any person fails to comply with paragraph (1), he shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (E.R. 5 of 2022)