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[接上页] (Enacted 1994) Cap 463 s 9 Reduction, etc. of charges (1) The Drainage Authority may in any particular case reduce, waive or refund, in whole or in part, sewage charges or trade effluent surcharges, where the Drainage Authority is satisfied that- (a) there is a change in the category of trade, business or manufacture; (b) premises are not connected to a communal drain or a communal sewer which is vested in and maintained by the Government; (c) there is leakage in the water pipe or there are errors in water consumption records; (d) the premises in respect of which the sewage charge or trade effluent surcharge is levied is used for industrial, commercial, recreational or agricultural purposes and the consumer has demonstrated to the Drainage Authority's satisfaction that the volume of wastewater discharged into a communal drain or communal sewer is not more than a prescribed percentage of the volume of water on which the sewage charge or trade effluent surcharge, as the case may be, is based.(2) A reduction, waiver or refund of sewage charges only shall not be granted unless the consumer or agent, as the case may be, lodges an application with the Drainage Authority not more than one month after the date of issue of the demand note to which the application relates, and the application shall include sufficient evidence for the Drainage Authority to make a determination. (3) Where the Water Authority exercises his authority under section 22 of the Waterworks Ordinance (Cap 102) and reduces, waives or refunds, in whole or in part, a charge for water, other than water specifically supplied for flushing purposes, the Drainage Authority shall, without an application by the consumer or agent, reduce, waive or refund the sewage charge and trade effluent surcharge, if any, so that such charges are based on the volume of water for which a charge was actually levied by the Water Authority. (Enacted 1994) Cap 463 s 10 Access to premises by Drainage Authority (1) Subject to subsection (2), the Drainage Authority may, at all reasonable times, enter the premises of a consumer- (a) for the purpose of verifying information that is needed in determining the rate to be charged for sewage charges and trade effluent surcharges; and (b) to measure the volume of wastewater discharged or to collect samples of wastewater being discharged into a communal drain or a communal sewer.(2) No domestic premises shall be entered by the Drainage Authority unless the occupier of the premises gives his consent. (3) Where the Drainage Authority leaves equipment in a consumer's premises for measuring the volume or collecting samples of wastewater, a person shall not tamper with the equipment. (4) A person who- (a) obstructs the Drainage Authority in the exercise of his powers under this section; or (b) tampers with equipment contrary to subsection (3), commits an offence and is liable on conviction to a fine at level 3. (Enacted 1994) Cap 463 s 11 Alternative sources of water Where a person uses water that is not supplied by the Water Authority and the water is used in premises that are connected to a communal drain or a communal sewer which is vested in and maintained by the Government, for the purpose of removing wastewater therefrom, the person shall be liable to pay sewage charges and trade effluent surcharges, if applicable, as if he were a consumer, and the Drainage Authority shall, for the purpose of determining the amount of such sewage charges and trade effluent surcharges, estimate the volume of such water used in the premises and the person shall pay to the Government sewage charges and trade effluent surcharges based on such estimate. (Enacted 1994) Cap 463 s 12 Regulations Remarks: Adaptation amendments retroactively made - see 34 of 2000 s. 3 (1) The Chief Executive in Council may make regulations- (Amended 34 of 2000 s. 3) (a) prescribing the rate to be used for sewage charges; (b) prescribing the rates of trade effluent surcharges and the regulations may prescribe different rates for different categories of producers of trade effluent and may establish rates based on the relative strength of the trade effluent produced including the relative strength compared with the average strength of domestic sewage; (c) providing that, where premises are used for a prescribed trade, business or manufacture, the trade effluent surcharge shall be based on a prescribed percentage of the volume of water supplied to the premises by the Water Authority, other than water supplied specifically for flushing purposes; (d) prescribing the percentage of the volume of water on which the sewage charge or trade effluent surcharge is based for the purposes of section 9(1)(d); (e) providing for variations in the rate of trade effluent surcharges for individual consumers and establishing the criteria to be used in determining such variations; (f) establishing financial penalties for unpaid sewage charges and surcharges; (g) requiring the furnishing of information needed for billing purposes by the Drainage Authority.(2) A regulation made under subsection (1)(g) may provide that a person who fails to furnish the information or furnishes false information commits an offence and is liable to a fine not exceeding level 6. |