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[接上页] (1) Where the Director is of the opinion that any stored chemical waste is likely to threaten public health or safety or cause pollution, the Director may, by notice in writing, require the owner or occupier of the premises in which the waste is stored to remove or cause to be removed the chemical waste to a particular facility or a facility of a class or description specified by him and to establish to his satisfaction that such requirement is complied with. (2) Any person who fails to comply with a requirement made under subsection (1) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (Enacted 1992) Cap 354C s 32 Precautions for public health and safety (1) Without prejudice to any specific duty or requirement imposed under any other provision in this Regulation a person- (a) shall, in the storage, collection, transportation, reception, transfer, disposal, import or export or in otherwise handling chemical waste, take all necessary precautions for preventing any hazard or danger to public health or safety or pollution or risk of pollution to the environment; (b) shall not deal with or dispose of chemical waste in any manner contrary to this Regulation or so as to cause any hazard or danger to public health or safety.(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (Enacted 1992) Cap 354C s 33 Circumstances under which waste disposal licence is to be granted PART VII WASTE DISPOSAL LICENCE The licensing authority shall not grant a waste disposal licence under section 21(4) of the Ordinance in respect of the disposal of chemical waste unless he is satisfied that the land or premises in respect of which the licence is sought has a waste disposal facility which is capable of - (a) disposing of an aggregate of not less than 1000 litres or kilograms of waste in a day; (b) reducing the harmful impact of chemical waste on the environment by serving as a facility for the disposal of chemical waste on site where it is produced and avoiding the movement of chemical waste; or (c) disposing of chemical waste in any other manner beneficial to the environment. (Enacted 1992) Cap 354C s 34 Provisions of the Dangerous Goods Ordinance not to be prejudiced PART VIII MISCELLANEOUS The provisions of this Regulation shall be without prejudice to the Dangerous Goods Ordinance (Cap 295) and any regulation made thereunder. (Enacted 1992) Cap 354C s 35 Exemptions (1) Any chemical waste which is household waste is exempt as waste- (a) in respect of which notice is to be given under section 17 of the Ordinance; and (b) to which any other requirement in this Regulation applies.(2) The Director may, where he is satisfied that it is reasonable to do so, grant exemptions from this Regulation or any requirement thereof either on his own volition or on application. (3) The Director may attach such conditions as he considers reasonable to any exemption granted under subsection (2). (Enacted 1992) Cap 354C s 36 Forms The Director may specify in such manner as he may determine any form required for the purposes of this Regulation. (Enacted 1992) Cap 354C s 37 Offence of furnishing false information Any person who- (a) in furnishing any information or particulars under this Regulation in a trip ticket or any form specified for the purposes of this Regulation, in relation to arrangements for disposal of chemical waste or otherwise, makes a statement or gives an estimate which he knows to be incorrect in a material particular or recklessly makes a statement or gives an estimate which is incorrect in a material particular or knowingly or recklessly omits a material particular; or (b) for the purposes of this Regulation, certifies as correct anything which he knows to be incorrect or recklessly certifies as correct anything which is incorrect,commits an offence and is liable to a fine of $200000 and to imprisonment for 6 months. (Enacted 1992) Cap 354C s 38 Continuing offences If a person is convicted of any offence under this Regulation and that offence is a continuing offence, such person shall, in addition to any penalty which may be imposed under the relevant section, be liable to a fine of $10000 for each day on which the offence continues. (Enacted 1992) Cap 354C s 39 Defences (1) In any proceedings- (a) for an offence under- (i) section 6; (ii) Part III; or (iii) section 21; or(b) against a reception point manager for failure to engage the services of a waste collector as required under section 27(1),it shall be a defence for the person charged to prove that the failure to comply with the relevant requirement was due to an emergency and that as soon as reasonably practicable he informed the Director of such failure. (2) Subject to subsection (3), in any proceedings- (a) for an offence under- (i) Part IV; or (ii) section 22, 23, 24, 25, 26 or 28; or(b) under section 27 against- |