### Waste Disposal (Chemical Waste) (General) Regulation 《廢物處理(化學廢物)(一般)規例》

3. Chemical waste
(1) Subject to subsection (2), any substance or thing being—
(a) scrap material;
(b) effluent; or
(c) an unwanted substance or by-product arising from the application of or in the course of any process or trade activity,
and which is or contains any substance or chemical specified in Schedule 1 shall be regarded as chemical waste for the purposes of this Regulation if such substance or chemical occurs in such form, quantity or concentration so as to cause pollution or constitute a danger to health or risk of pollution to the environment.
(2) Any—
(a) thing which is of a class or description specified by the Director in a notice published in the Gazette for the purposes of this section; or
(b) other thing being a discharge or deposit which is made in accordance with a licence granted under the Water Pollution Control Ordinance (Cap. 358) or in conformity with a technical memorandum issued under that Ordinance,
shall not be chemical waste for the purposes of this Regulation.

4. Chemical waste for purposes of section 17 of the Ordinance
Any substance which is chemical waste by reason of its containing any substance or chemical specified in Part A of Schedule 1 shall be waste in respect of which notice is to be given under section 17 of the Ordinance.

5. Application of Regulation to chemical waste
(1) The Director may by notice published in the Gazette appoint a date with effect from which this Regulation or any provision thereof specified in the notice shall apply in relation to any chemical waste.
(2) The Director may for the purposes of subsection (1) appoint different dates with reference to any substance or chemical specified in Schedule 1 or any substance or chemical which is included in or is a constituent or component of a substance or chemical specified in Schedule 1.
(3) Notwithstanding that any section has come into operation pursuant to a notice under section 1, it shall not apply to any chemical waste until it has been made so applicable by a notice under subsection (1).

### Waste Disposal (Chemical Waste) (General) Regulation 《廢物處理(化學廢物)(一般)規例》

6. Registration of waste producers
(1) A person shall not produce or cause to be produced chemical waste unless he is registered.
(2) The Director may cause to be maintained in such form as he may determine, a register containing—
(a) the names of producers of chemical waste;
(b) in relation to such producers, the location of the premises where the chemical waste is produced; and
(c) a description of the business or activity in the course of or in connection with which the chemical waste is produced.
(3) The register shall be open for inspection by the public during normal office hours at such places as the Director may determine.
(4) A person shall be entitled, upon payment of the prescribed fee, to a copy of any entry in the register certified by or on behalf of the Director.
(5) A registration shall not be transferable and shall be valid only in respect of the person and the premises registered.
(6) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months.
(7) Any person who immediately before the commencement* of this section was producing or causing to be produced chemical waste may continue to do so without being registered—
(a) during the period of 6 months beginning on the date of such commencement; or
(b) if during that period an application for registration is made by or on behalf of such person, until such application is disposed of.

Editorial Note:
* Commencement date: 1 May 1992.

### Waste Disposal (Chemical Waste) (General) Regulation 《廢物處理(化學廢物)(一般)規例》

7. Application for registration
(1) An application for registration shall be made—
(a) to the Director;
(b) in the specified form; and
(c) where the person claiming to be a waste producer (referred to in this section as the applicant)—
(i) is an individual, by such individual;
(ii) is a body corporate, by any person who is authorized in that behalf;
(iii) is a partnership, by one of the partners.
(2) On receipt of an application under subsection (1) the Director shall, if he is satisfied that the applicant is or is to be engaged in the production of chemical waste—
(a) register the applicant as a waste producer; and
(b) assign to him a registration number in such form as he may determine.
(3) Every registered waste producer shall inform the Director of any change in the particulars contained in the application as soon as practicable after such change occurs and the Director may amend the particulars in the register or the assignment of a number in accordance with such information.
(4) Where the Director is satisfied that any registered waste producer has ceased to be a waste producer he shall remove his name from the register.
(5) The fee for registration shall be $265 and for a certified copy of an entry in the register shall be $60. (L.N. 269 of 1994; L.N. 493 of 1996; L.N. 571 of 1997; L.N. 301 of 2000)
(6) A registered waste producer who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 3. (E.R. 5 of 2022)

### Waste Disposal (Chemical Waste) (General) Regulation 《廢物處理(化學廢物)(一般)規例》

8. Disposal of chemical waste
(1) Subject to subsection (2) and any directions issued by the Director under section 17 of the Ordinance, a waste producer shall cause or arrange for any chemical waste produced by him or in his possession or custody—
(a) to be delivered to a reception point; or
(b) where an appropriate waste disposal licence has been granted under section 21 of the Ordinance in respect of the site or premises where the chemical waste is located or produced, to be disposed of at such site or premises.
(2) Where the nature of the chemical waste is such that a reception point, site or premises referred to in subsection (1) which is suitable for the disposal of the chemical waste is not available in Hong Kong, the waste producer shall make other arrangements for the disposal of such chemical waste and such arrangements shall be subject to the approval in writing of the Director.
(3) Where a waste producer consigns chemical waste to a waste collector under section 21 he shall be deemed to have complied with subsection (1)(a).
(4) Without prejudice to any provision in Part V, the Director may require a waste producer to produce such documents, records or any other information as the Director may consider necessary to establish to his satisfaction that subsection (1) or (2), as the case may be, has been complied with.
(5) A waste producer who fails to comply with—
(a) subsection (1) or (2) commits an offence and is liable to a fine of $200,000 and to imprisonment for 6 months; and
(b) a requirement made under subsection (4) commits an offence and is liable to a fine at level 6 and to imprisonment for 6 months. (E.R. 5 of 2022)
(6) Subsection (5)(a) shall not apply where the chemical waste is stored as required under section 9.