XN000022-1997-04-04 — Page 9

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Control of dust emissions from construction works

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The Government is to introduce legislation to further control dust emissions from construction works with effect from June 1997.

The new requirements, which will prevent and minimise dust emission contributing to high ambient levels of an air pollutant called Total Suspended Particulates, are set out in the Air Pollution Control (Construction Dust) Regulation gazetted today (Friday).

A spokesman for the Planning, Environment and Lands Branch said that at present, an Air Pollution Abatement Notice under the Air Pollution Ordinance is served on the contractor if it is established that dust emission from the site is causing nuisance to its neighbourhood.

"As this approach can only deal with a problem after its occurrence, it is therefore proposed to introduce a regulation to require the use of dust control measures as a standard practice at construction sites to prevent the dust emission," the spokesman said.

Construction site contractors will be required under the Regulation to implement specified dust control measures. These include installation and proper operation of dust control systems, enclosing dusty materials and stockpiles or spraying them with water or dust suppression chemicals, treating unpaved surfaces, and implementing good on-site houskeeping measures.

Any person who fails to comply with the relevant dust control requirements will be liable to a maximum penalty of $100,000 and imprisonment for three months. A daily fine of $10,000 may also be imposed if the offence is a continuing one.

Additionally, construction activities will be categorised as notifiable works, regulatory works and excluded works according to their scale and dust emission potential. To better control the notifiable work such as reclamation, site formation, and building demolition, contractors carrying out these works are required to notify the Environmental Protection Department prior to commencement of the works.

Any person who operates a notifiable work without notifying the Environmental Protection Department in advance will also be liable to a fine of $50,000.