Environmental Protection Department Environmental Performance Report 2005 Environmental Performance Report 2005
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5
Our Contribution to the Environment
  5.3  Effective Enforcement and Emergency Response
Line

Our Responsibilities
Regular Enforcement Activities
Achievements in 2004


Our Responsibilities

We aim to establish an effective legislative and efficient control framework in order to safeguard the health and welfare of the community from any adverse environmental effects. We will actively encourage businesses and other organisations to adopt pollution control measures. We have an emergency response system for handling environmental incidents and are prepared to respond quickly to minimise the damage to the environment.

Regular Enforcement Activities

The EPD handles environment-related licensing and permits for operators, responds to complaints, prosecutes offenders and develops partnerships with polluting industries. The latter is described in 5.4 Building Partnerships and Customer Service.

In 2004 we:
issued more than 6 600 licences and permits as seen in Table 1;
conducted more than 61 000 routine and targeted inspections;
responded to 62 695 calls on enquiries and pollution complaints to our Customer Service Centre and investigated 23 229 pollution complaints. Vehicle emissions topped the list of complaints in Table 2; and
successfully prosecuted 485 offenders (see Table 3 - Breakdown by Ordinance).

Complaints were up slightly from 2003 due to an increase in smoky vehicle complaints, which may reflect public concern about air pollution. The police work with the EPD to control smoky vehicles and can hand out $1,000 fixed penalty tickets. The police also investigated 3 228 pollution complaints in 2004, bringing the complaints total to 26 457. Pollution complaints have increased significantly since 1986 but are down from a peak in 2000, as seen in Figure 1.

Prosecutions are also down since 2000, but more companies are pleading not guilty. A Central Prosecution Unit (see Re-organisation below) deals with these cases, guided by the EPD's prosecution policy. Two defendants received suspended prison sentences in 2004.

For further information on prosecutions and complaints, see Resource Materials of Chapter 9 Environmental Compliance in Environment Hong Kong 2005.

Table 1 - Licences and Permits Issued in 2004
Ordinance
Activities
No. Issued
APCO    Chimney Approval
268
Specified Process Licence
7
Open Burning Permit
1
Sub Total:
276
NCO  

Construction Noise Permit
( Percussive Piling)

194

Construction Noise Permit
(General Construction Work -Total)

2 579
Sub Total:
2 773
 WDO Registration of Chemical Waste Producer
662
Chemical Waste Disposal Licence
15
Chemical Waste Collection Licence
35
Waste Import and Export Permit
5
Sub Total:
717
WPCO  New Licence
1 772
Licence Renewal
860
Sub Total:
2 632
DASO  Marine Dumping Permit
143
Sub Total:
143
Other Clinical Waste Disposal Permit
118
Sub Total:
118
 
Total:
6 659

Table 2 - Complaints Breakdown by Media
Nature
2004
Air
Vehicle Emissions
7 640
 
Other
5 671
Noise*
6 200
Waste
1 192
Water
 
2 407
Miscellaneous
 
119
 
Total
23 229
* Excluding complaints handled by Police (The police investigated 3 228 cases in 2004)
Table 3 - No. of Convictions in 2004 - Breakdown by Ordinance
Ordinance
Total
APCO
191
DASO
1
NCO
112
WPCO
66
OLPO
1
WDO
114
EIAO
0
Total
485

Figure 1 - Number of Pollution Complaints
Figure 1 - Number of Pollution Complaints

 

Achievements in 2004
Re-organisation
Working with Others
Performance Pledge
Other Enforcement Work
Response to Emergency Incidents


Re-organisation

The Local Control Division changed its name to the Environmental Compliance Division in 2004 to reflect the importance of partnerships and customer service in controlling pollution. This helped to streamline operations ahead of the EPD's re-organisation in 2005. Other measures included:

Dividing the division into four regions (North, South, East and West), as opposed to six groups. A new compliance assistance group was also established.
Taking over enforcement of territory-wide issues, such as dumping at sea, waste imports and exports and asbestos control, from management groups.
Taking over enforcement of environmental permit conditions under the Environmental Impact Assessment Ordinance.
Extending integrated enforcement to all offices, in which inspectors are trained to detect all types of pollution rather than specialise.
Preparing for the Central Prosecution Unit to report directly to the Deputy Director after the department's re-organisation in April 2005, in line with the Department of Justice policy to keep investigation and prosecution sections under separate management.
Preparing to implement land-based mobile computing in 2005.

The EPD prosecution team is actively involved in upholding compliance of environmental laws.
The EPD prosecution team is actively involved in upholding compliance of environmental laws.

Working with Others

Other government departments: The EPD works with other government departments on a wide range of issues. In 2004 we set up a team with the Drainage Services Department, Food and Environmental Hygiene Department, Highways Department and Home Affairs Department to tackle sewage odour from storm water drains in Kennedy Town. We also worked with the Planning, Immigration and Customs and Excise departments to control the recycling of plastic bottles and electronic waste in the New Territories. Recycling activities increased here after the Mainland tightened control over waste shipments for recycling from early 2004.

A joint operation of the EPD and Customs and Excise Department stopped the illegal export of glass waste from cathode ray tubes.
A joint operation of the EPD and Customs and Excise Department stopped the illegal export of glass waste from cathode ray tubes.

EPD and Drainage Services Department staff jointly investigate a sewer odour problem in Kennedy Town.
EPD and Drainage Services Department staff jointly investigate a sewer odour problem in Kennedy Town.

Other governments: The EPD worked with other governments to control waste shipments in 2004. On electronic and plastic wastes, we worked with the Mainland and the source countries of Canada, Japan, South Korea, Australia, and member states of the European Union. In December 2004 we attended the inaugural meeting of the Asian Network for the Prevention of Illegal Transboundary Movement of Wastes, which was initiated by Japan. We also continued to work closely with the European Union's Network for Implementation and Enforcement of Environmental Law.


Performance Pledge

The EPD complied with all but one of the targets in its Performance Pledge relating to the processing of applications for permit and license approval, and the response to complaints. Two asbestos abatement plans took slightly longer than 28 days to process (30 days in one instance, 33 days in the other), due to a surge in workload at the time. However, this did not affect the commencement of the asbestos abatement work. Targets and results can be seen at Table 4. Preparations were made in 2004 to enable applications, payment and permit issuing to be processed on-line, through the Environmental Protection Interactive Centre (EPIC). This service will be launched in March 2005, and the module to enable the public to obtain environmental data has already been introduced since October 2003.

The complaints handling system was fine-tuned in 2004 by improving referrals to other departments for complaints outside the EPD's jurisdiction. A survey of customers found an 85% satisfaction rate, comparable to previous surveys.

Table 4 - Our Performance in Processing Applications for Permit/Licence/Approval and in Response to Complaints in 2004
Our Service Target for 2004 Achievement* in 2004
Air
Registration of Asbestos Works
70 calendar days
100%
Asbestos Abatement Plan
28 calendar days
98%**
Asbestos Management Plan
28 calendar days
100%
Waste
Registration of Chemical Waste Producer
95% in
30 calendar days
100%
Marine Dumping Permit
90% in
18 calendar days
100%
Clinical Waste Disposal Permit
95% in
9 calendar days
100%
Part A Chemical Waste Notification
95% in
12 calendar days
100%
Water
Water Pollution Control Ordinance licence
(Excluding licences requiring public notification)
95% in
14 working days after receipt of payment
100%
Response to Complaints
Incidents involving immediate threat to health
Immediate
100%
Other pollution complaints
95% in
3 working days
100%
Note:
* This refers to the percentage achieved against the targets, with 100% representing full compliance or exceeding the targets.
** Within 2004, two of the asbestos abatement plans were not processed within 28 days (1 was 30 days, and the other was 33 days)

Other Enforcement Work

Design and development work began on an Environmental Information Management System that will provide an integrated database for EPD officers. The system will start operating in early 2006.

In 2004, 38 external seminars were provided for 4 123 participants on environmental pollution laws and enforcement and compliance related issues.

The sewerage connection programme linked 206 village houses and 1 553 villagers in the New Territories to a proper sewerage system in 2004. Since 1995, 3 881 village houses and 28 440 villagers have been connected.

Response to Emergency Incidents

The EPD works closely with other government departments such as the Fire Services Department, Marine Department and Government Laboratory to provide a speedy response to environmental incidents. Comprehensive response plans are in place to deal with 36 different types of emergency situations on land and at sea, including oil and chemical spills. In 2004 the EPD was involved in 37 land-based incidents and 2 marine-based incidents, which were all resolved satisfactorily.

 

   
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