WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS

WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS

WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
PART I

PRELIMINARY

1. Citation .............................A 2
2. Interpretation .......................A 2

PART II

CONTAINERS FOR LIVESTOCK WASTE

3. Containers for storage of livestock waste A 4
4. Containers for collection of livestock waste A 5
5. Containers to be kept in good repair .A 5
6. Containers to be used solely for waste A 5

PART III

PRECAUTIONS AGAINST DANGERS TO PUBLIC HEALTH
OR RisKs oF POLLUTION

7. Solid livestock waste ................A 5
8. Liquid livestock waste ...............A 6
9. Channels to be kept in good repair ...A 8

PART IV

OFFENCES, PENALTIES AND DEFENCES

10. Offiences ............................ A 8
11. Defences .............................A 8





WASTE DISPOSAL (LIVESTOCK WASTE) REGULATIONS]
(Cap. 354, section 33)
[11 March 1988]



PART I

PRELIMINARY

Citation

1. These regulations may be cited as the Waste Disposal (Livestock Waste)
Regulations.

Interpretation

2- In these regulations, unless the context otherwise requires

'channel' means a conduit, pipe, or trench used for the movement or passage of
liquid livestock waste in, on or outside livestock premises;

'collection container' means any container, bin or other receptacle provided .by the
collection authority, or a person licensed under section 10 of the Ordinance, at
a designated place of collection for the purpose of collecting livestock waste
generated or produced in or on livestock premises;

'collection vehicle' means any vehicle provided by the collection authority, or a
person licensed under section 10 of the Ordinance, designed or adapted for
the purpose of transporting livestock waste to a designated place of disposal;

llcompostinj means a natural, artificial, chemical or biological degradation process
whereby heterogeneous organic matter decomposes into simple or stable
compounds by the action of micro-organisms and 'composted' shall be
construed accordingly;

'designated place of collection' means a place designated by the Director as a
place where solid livestock waste generated or produced in or on livestock
premises is to be conveyed and collected for transportation to a designated
place of disposal;

'designated place of disposal' means a place designated by the Director as a place
to which livestock waste is to be transported for disposal, and includes a
livestock waste treatment plant not situated in or on livestock premises;

,,enclosure' means an area in or on livestock premises enclosed by a fixed structure
on at least 3 sides (with or without a doorway), roofed over and made of wood
or such other materials as the Director may approve;

'heterogeneous organic matter' includes solid livestock waste;





'in situ composting' means composting initiated or assisted by the movement of
livestock, machinery or other mechanical apparatus in or on those parts of
livestock premises in which livestock waste is generated or produced by that
livestock;

'liquid livestock waste' means

(a) the urine of any livestock; or

(b)any livestock waste which flows, spreads or otherwise behaves as a
liquid; or

(c)the mixture of any liquid with solid livestock waste whether or not that
liquid originates as livestock waste, has been treated under regulation 8(2)
or contains any solids in suspension; or

(d) any pigwash contaminated by livestock waste; or

(e)any liquid used to bathe or wash livestock contaminated with livestock
waste; or

any liquid used to wash or clean any livestock premises contaminated by
livestock waste;

'properly constructed' means properly constructed in accordance with a standard
specified in a Code of Practice relating to livestock waste and of such materials
and of such design or type as may be prescribed in that code;

'properly dried' means properly dried in accordance with a standard specified in a
Code of Practice relating to livestock waste;


public sewer' has the same meaning as it has in the Water Pollution Control
Ordinance (Cap. 358);

',saline waters' means the waters adjacent to the coast of Hong Kong;

'soakaway-pit' means a pit or sump properly constructed in or on livestock
premises for the purpose of allowing liquid livestock waste generated or
produced in or on those premises to percolate into the adjacent ground or
subsoil without any overload or overflow occurring, and includes any adits,
pipes or trenches used in conjunction therewith to increase the rate of
percolation;

,,solid livestock waste' means

(a)the man ure of any livestock, whether or not that manure has been mixed
with other materials or composted; or

(b)liquid livestock waste from which the liquid has been drained, separated
or removed; or

(c)the properly dried sludge or other solids produced by the treatment of
liquid livestock waste under regulation 8(2);

',storage bag' means any bag or other similar article of sufficient strength and
durability as the Director may approve provided by a livestock keeper for the
purpose of





(a)storing livestock waste generated or produced in or on livestock
premises by, or in connection with, poultry; and

(b) conveying that waste within those premises; or

(e)removing that waste from those premises on the sale or transfer of that
waste to any person,

but does not include any storage container;

',storage container' means any container, bin or other receptacle provided by a
livestock keeper for the purpose of-

(a)storing livestock waste generated or produced in or on livestock
premises; and

(b) conveying that waste to a designated place of collection;

'watercourse' means any brook, creek, drain (whether natural or man-made),
nullah, river or stream but does not include any channel or public sewer.

PART II

CONTAINERS FOR LIVESTOCK WASTE

Containers for storage of livestock waste

3. (1) A livestock keeper shall ensure that every storage container or
storage bag used, or intended for use, in or on his livestock premises in a
livestock waste control area is properly constructed and in particular is designed
to prevent so far as is'practicable-

(a)the spillage, leakage or escape of any livestock waste contained
therein; and

(b)any nuisance or annoyance to any person whether arising from
odours, insects, vermin or from any other cause in connection with
that waste.

(2) In the case of solid livestock waste, the livestock keeper shall ensure
that the storage containers referred to in paragraph (1)-

(a)according to the number and type of livestock kept in or on his
livestock premises, are of such number and of such capacity as the
Director may determine in accordance with a standard specified in a
Code of Practice relating to livestock waste; and

(b)are capable of holding all the solid livestock waste that may be
generated or produced in or on those premises during such period as
the Director may determine in accordance with a standard specified in
a Code of Practice relating to livestock waste.





Containers for collection of fivestock waste

4. The collection authority, or a person licensed under section 10 of the
Ordinance, shall ensure that every collection container used, or intended for use,
outside any livestock premises in a livestock waste control area is properly
constructed and in particular is designed to prevent so far as is practicable

(a)the spillage, leakage or escape of any solid livestock waste contained
therein; and

(b)any nuisance or annoyance to any person whether arising from odours,
insects, vermin or from any other cause in connection with that waste.

Containers to be kept in good repair

5. (1) A livestock keeper shall ensure that the storage containers referred to in
regulation 3 are kept in good order and repair and free from breaks, cracks, holes or
any other defects.

(2) The collection authority, or a person licensed under section 10 of the
Ordinance, shall ensure that the collection containers referred to in regulation 4 are
kept in good order and repair and free from breaks, cracks, holes or any other
defects.

Containers to he used solely for waste

6. (1) A livestock keeper shall ensure that the storage containers or storage
bags referred to in regulation 3 are used for the storage of livestock waste and for
no other purpose.

(2) The collection authority, or a person licensed under section 10 of the
Ordinance, shall ensure that the collection containers referred to in regulation 4 are
used for the collection of livestock waste and for no other purpose.

PART III

PRECAUTIONS AGAINST DANGERS TO PUBLIC HEALTH
OR RISKS OF POLLUTION

Solid livestock waste

7. (1) Any solid livestock waste generated or produced in or on any livestock
premises in a livestock waste control area shall

(a)in the case of livestock waste intended for use as fertilizer or soil
conditioner in landscaping schemes, agriculture, horticulture, forestry or
for the production of animal feedstulTs or fishmeal, be stored by the
livestock keeper in or on those premises

(i) in properly constructed enclosures used solely for composting or
drying that waste and designed to prevent so for as is practicable the
spillage, leakage or escape of that waste; or





(ii) where such waste is the subject of in situ composting, in or on
those properly constructed parts of the livestock premises in which that
waste is composted; and

(iii) in such manner as not to cause any nuisance or annoyance to any
person whether arising from odours, insects, vermin or from any other
cause in connection with that waste,

until such time as that waste is removed from those premises whether by
the livestock keeper or otherwise for such use or production; or

(b)in any other case, be carried or otherwise conveyed from those premises
by the livestock keeper to a designated place of collection in properly
constructed storage containers

(i) where pigs are kept in or on livestock premises, at least twice during
any period of 7 days; or

(ii) where poultry are kept in or on livestock premises, during such
period as the Director may determine in accordance with a standard
specified in a Code of Practice relating to livestock waste.

(2) The livestock keeper shall-

(a)empty the contents of the storage containers referred to in paragraph
(1)(b) into collection containers; and

(b)take all necessary precautions to prevent the spillage, leakage or escape
of such contents during that operation or whilst carrying or otherwise
conveying that waste to the designated place of collection in accordance
with paragraph (1)(b).

.(3) The collection authority, or a person licensed under section 10 of the
Ordinance, shall

(a)during such period as the director may determine in accordance with a
standard specified in a Code of Practice relating to livestock waste,
transfer the contents of the collection containers referred to in paragraph
(2)(a) into collection vehicles; and

(b)take all necessary precautions to prevent the spillage, leakage or escape
of such contents during that operation.

Liquid livestock waste

8. (1) Subject to paragraph (2), any liquid livestock waste generated or
produced in or on livestock premises in a livestock waste control area shall be
disposed of by the livestock keeper by discharging that waste

(a)in the case of liquid livestock waste intended for transportation to a
designated place of disposal

(i) along or through properly constructed channels to that designated
place of disposal; or

(ii) into a collection vehicle taking all necessary precautions to prevent
the spillage, leakage or escape of such waste during that operation; or





(b) in any other case-

(i) where those livestock premises are situated within, adjacent to, or in
the immediate vicinity of, gathering grounds within the meaning of the
Waterworks Ordinance (Cap. 102), into a soakaway-pit situated not less
than 30 metres from any reservoir, saline waters, spring, watercourse or
well for potable use; or

(ii) where those premises are not so situated within, adjacent to, or in the
immediate vicinity of, such gathering grounds, into a soakawaypit situated
not less than 30 metres (or such other distance in substitution for 30
metres, and subject to such conditions, as may be specified in writing by
the Director by reference to any particular livestock premises) from any
reservoir, saline waters, spring, watercourse or well for potable use.

(2) Without prejudice to any standard, prohibition, control or requirement
under the Waterworks Ordinance, any liquid livestock waste generated or produced
in or on livestock premises in a livestock waste control area and treated in a
livestock waste treatment plant situated in or on those premises to at least the
minimum standard referred to in paragraph (3) shall be disposed of by the livestock
keeper by discharging that liquid livestock waste

(a) into a soakaway-pit; or

(b) along or through properly constructed channels into(i) a public sewer; or
(ii) saline waters; or (iii) a watercourse,

situated in, on or outside those premises.

(3)(a) For the purposes of paragraph (2), the minimum standard to which
liquid livestock waste is to be treated is a biochemical oxygen demand not
exceeding 50 milligrams per litre of liquid livestock waste and a suspended
solids content not exceeding 50 milligrams per litre of that waste.

(b)The standard referred to in*sub-paragraph (a) shall be deemed to be
complied with if 2 out of 3 consecutive samples of liquid livestock waste
obtained by an authorized officer under paragraph 4 and section 23E of
the Ordinance are determined by the analyst referred to in that section to
meet that standard.

(4) The samples of liquid livestock waste referred to in paragraph (3)(b) shall
be obtained by the authorized officer from a point in, on or outside the livestock
premises in respect of which the waste is generated or produced, or as near to that
point as is practicable, where that waste discharges into

(a) a public sewer; or

(b) saline waters; or

(c) a watercourse,

as the case may be.





Channels to he kept in good repair

9. A livestock keeper shall ensure that the channels referred to in regulation 8
are kept in good order and free from breaks, cracks, holes or any other defects.

PART IV

OFFENCES, PENALTIES AND DEFENCES

Offences

10. (1) Any person who fails to comply with regulation 3,4,5,6, 7,8 or 9 commits
an ofrence and shall be liable to a fine of $5,000.

(2) Any person who

(a) discharges or causes or permits to discharge; or

(b) otherwise disposes of,

solid or liquid livestock waste into any channel, ditch, public sewer, reservoir, saline
waters, spring, watercourse, well for potable use or public place otherwise than in
accordance with Part III commits an offence and shall be liable to a fine of $5,000.

(3) If a person is convicted of an offence under this Part and that offence is a
continuing offence, such person shall, in addition to the penalties which may be
imposed under paragraph (1) or (2), be liable to a fine of $250 for each day on which
the offence continues.

Defences

11. In any proceedings for an offence under this Part it shall be a defence for
the person charged

(a) in the case of a failure to comply with regulation 8(2)

(i) that the commission of the offence was due to the breakdown of a
livestock waste treatment plant caused by circumstances beyond the
control of that person;

(ii) that the breakdown was reported to the Director within a period of
48 hours; and

(iii) that the person charged or any other person under his control took
all reasonable measures and exercised all due diligence to repair that plant
and to bring it back into operation; or

(b) in any other case

(i) that the commission of the offence was due to some cause beyond
his control; and

(ii) that he took all reasonable precautions and exercised all due
diligence to avoid the commission of such an offence by himself or any
other person under his control.

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