The Government has announced to defer the implementation of municipal solid waste charging (MSW charging) and will commence a series of measures including enhancing recycling facilities, stepping up public education and promotion, as well as studying how to improve the MSW charging scheme. The Government will assess the readiness of society and the implementation of the measures, with a view to reporting work progress to the Legislative Council towards mid-2025.

In brief, non-compliant waste means waste that is neither wrapped in a designated bag nor affixed with a designated label under "charging by designated bags/ designated labels".

For example, when a designated bag is used to dispose of waste, the waste concerned may be deemed as non-compliant waste if the bag is not tightly fastened, or if the waste is allowed to pierce through the bag.

Besides, any oversized waste (for example large furniture such as dining tables, bookshelves or mattresses) that cannot be properly wrapped in a designated bag will be considered a non-compliant waste if it is not affixed with a designated label when being disposed of.

If waste is collected by private waste collectors using refuse collection vehicles without rear compactors, waste will be charged by weight through "gate-fee" at landfills or refuse transfer stations.

Registration for a “gate-fee” account is required, according to the legislation, when a person needs to dispose of waste at waste disposal facilities. The Government is adopting a hybrid system to allow both PWCs and waste producers to register as account holders with EPD for paying the “gate-fee” in a flexible manner.

Depending on the disposal location, the "gate-fee" charged by weight of the waste is as follows:

The four urban RTSs and the Northwest New Territories Transfer Station: $395 per tonne.

Other RTSs and landfills: $365 per tonne.

For each load of 1 tonne or less, the charge will be calculated as 1 tonne.

For each load of more than 1 tonne, the charge will be calculated per 0.01 tonne or part of 0.01 tonne.

*For waste properly wrapped in designated bags and collected by private waste collectors’ refuse collection vehicles with rear compactors which disposed of at the four urban RTSs and the Northwest New Territories Transfer Station, private waste collectors have to pay a fee of $30 per tonne for the waste disposed of.

To cancel the account, the account-holder must notify the EPD in writing and provide the relevant account number and copies of supporting documents (such as Hong Kong identity card/business registration certificate).

Waste Vehicle in Government Service

When providing waste collection services under the FEHD’s contracts, a PWC’s driver must ensure that a prescribed sign indicating “Waste Vehicle in Government Service” is exhibited on the RCV (whether with or without rear compactors) in the prescribed way by the legislation.

Waste Vehicle in Private Use

When providing waste collection services under non- FEHD’s contracts, a PWC’s driver must ensure the prescribed sign indicating “Waste Vehicle in Private Use” is exhibited on the RCV with a rear compactor in the prescribed way by the legislation.

Generally speaking, PWCs using RCVs with rear compactors are required to check whether the waste is properly wrapped in designated bags and reject waste that is not properly wrapped in designated bags.

If NCW is discovered, e.g., waste wrapped in non-designated bags, PWC’s staff should ask the cleansing workers of the premises concerned to wrap the waste properly in designated bags before handing it over to them.

If cleansing workers accidentally damage designated bags or cause designated labels to fall off the waste during normal handling and transportation, it may render the concerned waste falling within the definition of “NCW” (e.g., “municipal solid waste that neither is wrapped in a designated bag nor has a designated label attached to it”). It is an offence for the PWC’s staff to deposit the NCW onto their RCVs with rear compactors, or to allow the cleansing workers to deposit the NCW onto their RCVs with rear compactors.

However, it is a defence if the person prosecuted can establish according to the legislation that the bag was damaged or unfastened during the process of being deposited into the refuse chutes or compressed by the compaction systems, causing the waste in question escaped from the designated bag. PWCs may still collect the waste, depending on the actual circumstances, without requiring the cleansing workers to properly wrap the waste in designated bags again.

Generally speaking, PWCs’ staff should visually inspect the surface of the 240-litre/660-litre bins before unloading the waste into the RCV to ensure that all waste is properly wrapped in the designated bags. If NCW is discovered, they should notify the property management or cleansing workers on site and reject the NCW or ask them to properly wrap the NCW in designated bags immediately on-site if practicable before allowing it to be discharged into the RCV.

If PWCs’ staff discover the presence of NCW during the process of unloading the bins into a RCV, it may be impractical at this point to reject the waste (e.g., due to safety concerns with RCV’s compaction system in operation). However, the PWCs’ staff should immediately report the relevant violation to the PMCs and/or cleansing contractors on site and request assistance in checking for any NCW in the remaining 240-litre/660-litre bins to be loaded onto the tipping device of the RCV. If further NCW is found, photos should be taken as records, and the on-site staff of the above premises should be reminded that continuous violations are not in compliance with the relevant legislation, and requested to follow-up with improvements, including some feasible on-site improvement arrangements (e.g., on-site re- examination of the remaining 240-litre/660-litre bins of waste to be collected). In the absence of the PMC and/or cleansing contractor staff on site, PWCs’ staff should report the situation to PMCs and/or cleansing contractors subsequently through their supervisors, requesting follow-up actions and informing the PWCs of the necessary improvement measures. In addition, the PWCs’ staff should also report the incident to the EPD through its mobile application or their supervisors afterwards.

It will be a defence if it can be established that the PWCs’ staff has taken all reasonable precautions and exercised all due diligence to avoid committing the relevant. Depending on the actual facts and circumstances of individual cases, EPD staff will consider the above defence, and decide whether enforcement activity should be taken in a case, and the priority of such enforcement activity.

In determining the number of designated labels required, households should consider the properties of the oversized waste, including its structure, functions, design, overall size, and quantity, before deciding whether such oversized waste should be considered as one or several articles. The Government will take into account of the above factors and adopt a common-sense approach when deciding whether irregularities are involved.

For example, subject to the actual facts and circumstances, the dismantled parts of the same abandoned furniture firmly tied together by a rope is likely to be regarded as one article of waste requiring one designated label for disposal. However, in case of a table and some chairs, or a bed and a mattress, they are likely to be regarded as separate articles even being tied together, and one designated label is required for each article for disposal.

In addition, multiple bags of household waste tightly bound together cannot be regarded as one article based on their nature. Therefore, such household waste should be properly wrapped in several designated bags but not just affixed with a designated label.

You are required to register a “gate-fee” account, otherwise your refuse collection vehicles will not be allowed to enter waste management facilities of the EPD for waste disposal after the implementation of MSW Charging.

Construction Waste Disposal Charging Scheme is another charging scheme of the EPD and will continue to operate after the implementation of MSW Charging.

All vehicles (regardless of whether the refuse collection vehicles have compactors) are required to register under Type A accounts.

Company can authorize their staff to register a “gate-fee” account.

For registration of Type A accounts, the proposed applicants must be the registered owners of the relevant vehicles.

Vehicles to be registered under a Type A account must be owned by the same Type A account holder, and the Type A account holder must be the registered owner of the vehicles.

Yes. After the Type A accounts are created, account holders can log into the online platform and request to register additional vehicles.