Environmental Public Health (Public Cleansing) Regulations

Environmental Public Health Act

(Chapter 95, Section 114)

Rg 3

REVISED EDITION 1990

(25th March 1992)

[5th February 1970]

Citation

1. These Regulations may be cited as the Environmental Public Health (Public Cleansing) Regulations.

Definitions

2.—(1) The Commissioner may delegate to any public officer, subject to such limitations as he may think fit to impose, all or any of the powers conferred on him by these Regulations.

(2) For the purposes of these Regulations —

“direct refuse collection” means the collection of refuse directly from the individual premises, and not through an approved refuse bin centre or refuse bin compartment;

“domestic premises” means premises used exclusively for residential purposes and shall not include premises which are used, wholly or partly, for the purposes of or in connection with any trade, business or profession or as a hotel, boarding house, school, place of worship or mess;

“indirect refuse collection” means all methods of collection of refuse other than direct refuse collection;

“non-domestic premises” means premises other than domestic premises;

“public officer” includes any officer of any statutory board or body who has been authorised in writing by the Commissioner to carry out all or any of the powers conferred on a public officer by these Regulations.

Refuse bins

3.—(1) The occupier of any domestic premises shall provide one or more refuse bins, as may be necessary, to contain the refuse therefrom, and every such refuse bin shall be —

(a)

provided with a tight and securely fitting cover or lid;

(b)

made of such material as may be approved by the Commissioner from time to time;

(c)

of a capacity exceeding 40 litres but not exceeding 85 litres;

(d)

of such shape, size and design as may be approved by the Commissioner from time to time;

(e)

kept in good repair and replaced when necessary by such occupier or if so directed by the Commissioner or by a public health officer; and

(f)

placed not later than 7 a.m. each day or at such other time or times as may be specified by the Commissioner or a public health officer —

(i)	on the edge of the footway;
(ii)	outside the gate of the house;
(iii)	at a refuse bin centre or refuse bin compartment;
(iv)	in some suitable and accessible position; or
(v)	in such other place as may be directed by the Commissioner or a public health officer,

to enable refuse bins to be readily emptied and the contents removed.

(2) The occupier of any domestic premises or any other person shall not deposit or cause or permit to be deposited any dust, dirt, ashes, refuse, offal, rubbish or other matter or thing which is discarded from the domestic premises anywhere other than in the refuse bins.

(3) The occupier of any domestic premises or any other person who places a refuse bin at or in any of the places specified in paragraph (1)(f) shall ensure that the contents are not dropped or spilt out of or scattered from the refuse bin.

Receptacles for trade refuse

4.—(1) The occupier of any building or land which, by the nature of the trade, manufacture or business at any time being carried on therein, produces trade refuse shall provide for one or more sound and sufficient covered receptacles for the trade refuse as may be necessary, made of such material as may be approved by the Commissioner from time to time and of such shape, size and design as may be so approved.

(2) Every such receptacle shall be kept in good repair and replaced when necessary by such occupier or if so directed by the Commissioner or by a public health officer.

(3) The occupier of any such building or land or any other person —

(a)	shall not deposit or cause or permit to be deposited any trade refuse, rubbish or other matter or thing discarded from such building or land anywhere other than in the receptacles; and
(b)	shall ensure that the contents of such receptacles are not dropped or spilt out of or scattered from such receptacles.

(4) Every receptacle containing trade refuse shall be placed in such position and between such hours as the Commissioner or a public health officer or any public officer authorised in writing in that behalf by the Commissioner may require to enable the receptacles to be readily emptied and the contents removed.

Presumption in cases where trade refuse, etc., deposited

5.—(1) If, in any proceedings for any contravention of regulation 3(2) or 4(3)(a), it is shown that any dust, dirt, ashes, offal, rubbish, trade refuse or other matter or thing was not deposited in a refuse bin or receptacle but in or on any street, drain or place, such street, drain or place being immediately in front of, behind or by the side of any building or land, it shall be presumed, unless the contrary is proved, that the same was deposited there by, or with the permission of, the occupier of the building or land.

(2) For the purposes of regulations 3 and 4, where any building or premises have been sublet, the chief tenant or the person receiving rent from the sub-tenants shall be deemed to be the occupier of such building or premises.

Occupier’s responsibility in respect of refuse chute and chute chamber

6.—(1) Except as provided in paragraph (2), the occupier or the occupiers of any building or part thereof served by a refuse chute and chute chamber shall —

(a)	keep the refuse chute and chute chamber in a clean and sanitary condition;
(b)	provide sufficient, adequate and suitable refuse bins or receptacles within the chute chamber to receive the refuse as it arrives at the bottom of the refuse chute;
(c)	keep the refuse bins and receptacles in a clean and sanitary condition and in good repair and to replace them when necessary;
(d)	keep the door to the chute chamber closed at all times except when the chute chamber is being emptied, cleaned, maintained or repaired;
(e)	cause the refuse in the chute chamber to be removed not later than 7 a.m. each day or at such other time or times as may be specified by the Commissioner or a public health officer and to be conveyed to a refuse bin centre or refuse bin compartment; and
(f)	keep the refuse bin centre or refuse bin compartment in a clean and sanitary condition and in good repair.

(2) Where any building or part thereof served by a refuse chute and chute chamber is maintained by the developer, or by the owner or owners, or where the developer, owner or owners have agreed to maintain the building, the obligations imposed on the occupier or occupiers of such building under paragraph (1) shall be deemed to be the obligations of the developer or of the owner or owners, as the case may be, and in any such event the developer or the owner or owners, as the case may be, shall be liable for any contravention of the obligations.

(3) For the purposes of paragraph (1)(b), the occupier or occupiers of any building, or if paragraph (2) applies the developer or the owner or owners, as the case may be, shall provide such number of refuse bins or receptacles of such shape, size or design as the Commissioner may direct from time to time.

(4) For the purpose of this regulation, “developer” means any person or company, association or body, corporate or unincorporate, who or which constructs or causes to be constructed any building, block of flats, housing estate, shopping centre or a commercial or industrial complex.

Littering

7.—(1) No person shall throw or deposit, or cause or permit to be thrown or deposited, any dust, dirt, ashes, refuse, offal, rubbish or other matter or thing from or out of the first floor and upwards of any building to the street, courtyard or ground below.

(2) No person dwelling on the ground floor or in the basement of any building shall throw or deposit, or cause or permit to be thrown or deposited, any dust, dirt, ashes, refuse, offal, rubbish or other matter or thing anywhere other than in a refuse bin or receptacle.

(3) For the purposes of this regulation —

“first floor” means the horizontal stratum of a building which is immediately above the ground floor;

“ground floor” means the lowest horizontal stratum of a building other than the basement.

Cleanliness of public areas

8.—(1) No person shall sweep or cause or permit to be swept any dust, dirt, ashes, refuse, rubbish or other matter or thing onto or into any footway, back-lane, drain or road.

(2) No person shall stain or cause or permit to be stained in any manner any wall, pillar, lamp post, footway, back-lane, drain or road.

(3) Where any person occupies any domestic, business or other premises at street level and such premises abut on any footway, he shall keep that portion of the footway along the frontage of his premises clean and free of any refuse, rubbish, litter, garbage or stains.

(4) The occupier of any flat shall keep that portion of the common corridor or passageway along the frontage of his flat clean and free of any refuse, rubbish, litter, garbage or stains.

(5) For the purposes of paragraph (4), “flat” means a horizontal stratum of any building or part thereof which is used or intended to be used as a complete and separate unit for habitation, business or other purpose.

Prohibition on barbers

9. No person who acts as a barber shall conduct or carry on his business on or in —

(a)	the common passageway, corridor, landing, stairway or courtyard of any premises; or
(b)	any footway, back-lane or road.

Prohibition on raking or grubbing in refuse bins, etc.

10.—(1) No person shall rake or grub in the contents of any refuse bin, refuse bin centre, refuse bin compartment, refuse cart or refuse vehicle or remove anything therefrom.

(2) No person shall rake or grub in any refuse disposal ground maintained by the Commissioner, or at or in the vicinity of any incineration plant maintained by the Commissioner, or any refuse treatment centre maintained by the Commissioner where refuse is dealt with or treated in any other way, or remove anything therefrom.

(3) The Commissioner may exempt the employees of the Ministry of the Environment or such other persons or classes of persons as he may think fit from paragraph (1) or (2).

Prohibition on littering streets

11.—(1) No person shall spill or scatter in or upon any street or drain any of the contents of any refuse bin.

(2) No person shall cause the water in any sink, drain, ditch or gutter or any other offensive matter to run onto or be thrown or put in or upon any street.

Dangerous and offensive articles in refuse bins, etc.

12.—(1) No person shall deposit or cause or permit to be deposited in any refuse bin any dead animal, dung or stable refuse.

(2) No person shall deposit or cause or permit to be deposited any radioactive, explosive or dangerous material in any refuse bin, refuse bin centre, refuse bin compartment, refuse chute, refuse cart or refuse vehicle.

Noxious and offensive substances in watercourses

13.—(1) No person shall soak or wash in any river, canal, ditch, drain or watercourse any hides, dye cloths or other matter likely to render the water offensive or noxious.

(2) No person shall, without the prior approval in writing of the Commissioner and subject to such conditions as he may impose, cause or permit any water in which any hides or dye cloths have been soaked or washed or with which any offensive or noxious substance, matter or thing has come into contact to flow or drain into any river, canal, ditch, drain or watercourse.

Conveyance along public streets of offensive matter

14.—(1) No person shall convey in any vehicle or otherwise any nightsoil, decaying fish, decaying rice, putrid animal or vegetable matter or other offensive substance through or along any street except in receptacles which are water-tight and air-tight and of such shape, size and design as may be approved by the Commissioner from time to time.

(2) No person shall convey any refuse, sand, earth, granite chips, gravel, clay, manure, shavings, stone, straw or any other similar matter or thing in any vehicle through or along any street unless the refuse, sand, earth, granite chips, gravel, clay, manure, shavings, stone, straw or matter or thing is completely and adequately covered by a proper cover the size and design of which shall be approved by the Commissioner from time to time.

[Subst. by S 478/93 wef 17/12/1993]

Human waste

15.—(1) No person shall urinate or defecate in or upon any street, arcade, vacant land, river, canal, ditch, drain or watercourse or in any place to which the public has access except in any sanitary convenience provided for such purpose.

(2) No person shall cause or permit any urine or faecal matter to flow or drain into any river, canal, ditch, drain or watercourse.

(3) No person shall spit, or expel mucous from the nose, upon or onto any street or upon or onto the floor or other part of a public service vehicle, a place of public resort or any place to which the public has access.

(4) For the purposes of paragraph (3), “public service vehicle” means any vehicle which is used for the carriage of persons for hire or reward.

(5) Any person who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000.

Person using sanitary convenience to flush it after using

16. Any person who has urinated or defecated in any sanitary convenience with a flushing system to which the public has access shall flush the sanitary convenience immediately after using it.

Public toilet

16A. Every owner or occupier of a building shall ensure that the toilets therein to which the public has access are at all times provided with adequate toilet paper, soap or liquid detergent, litter bins, and clean towels or hand dryers.

[S 474/92 wef 01/12/1992]

Animals

17. No person shall tether, keep or confine any animal or poultry in any street.

Carcases

18.—(1) No person shall cut up or cause or permit to be cut up the carcase of any animal upon the surface of any street.

(2) No person shall convey the carcase of any animal through any public street except under cover and so as not to be exposed to view.

Disposal of dead animals

19.—(1) Every person within whose premises any animal dies shall, within 24 hours after its death, bury the carcase at his own expense or dispose of it at his own expense in such manner as the Commissioner may direct.

(2) No person shall dispose of the carcase by depositing it in any street, open ground, drain, canal, stream, river, reservoir or seashore.

Water channels

20.—(1) Except as provided in paragraph (2), no person shall construct or cause or permit to be constructed any channel across any street for the purpose of conveying water or for other reason, without the prior approval in writing of the Commissioner.

(2) Paragraph (1) shall not apply to any department of the Government or to any statutory board or body or to such other person or body as the Commissioner may in writing exempt from the provisions of that paragraph.

Structures across public drains, streams or canals

21.—(1) No person shall construct or place, or cause or permit to be constructed or placed, any steps, bridge, platform or other structure over any public drain, stream or canal without the prior approval in writing of the Commissioner.

(2) If in any proceedings for any contravention of paragraph (1), it is shown that any steps, bridge, platform or other structure over any public drain, stream or canal was placed or constructed without the approval of the Commissioner, it shall be presumed, unless the contrary is proved, that it was placed or constructed by, or with the permission of, the owner or the occupier of the building or land or the hawker, stall-holder or vendor who is situated nearest to the steps, bridge, platform or structure.

Owner or occupier to remove fallen trees, etc.

22.—(1) If any building or part thereof or any hedge, tree or branch falls upon any street or into any drain or onto any place to which the public has access, the owner or the occupier shall remove it without delay.

(2) Notwithstanding paragraph (1), the Commissioner may, at his discretion if the circumstances so warrant, cause the building or part thereof, hedge, tree or branch to be removed and may, in the manner provided in section 95 of the Act, recover from such person the costs and expenses incurred by him in removing the same.

Refuse receptacles in buses

23.—(1) The owner of every omnibus shall provide in a convenient place therein one or more receptacles for depositing litter.

(2) For the purposes of paragraph (1), “omnibus” means any vehicle, having a seating capacity for more than 6 persons, which is used for the carriage of persons for hire or reward.

Refuse disposal at ground or incinerator

24.—(1) Any person who takes any refuse, matter or thing to a refuse disposal ground maintained by the Commissioner for disposal thereat, or to an incineration plant maintained by the Commissioner for burning thereat, or to Kim Chuan Transfer Station for haulage by the Commissioner to a refuse disposal ground or an incineration plant for disposal or burning thereat shall —

(a)	permit the same to be weighed at a weigh-bridge;
(b)	unload and deposit the same in accordance with any directions that may be given by a public health officer or any public officer authorised by the Commissioner in that behalf; and
(c)	pay any fee that may be required in accordance with the First Schedule.

(2) For the purpose of computing the fees in the First Schedule, the cumulative load per vehicle per day shall include all refuse, matter or thing conveyed to the refuse disposal grounds, the incineration plants and the Kim Chuan Transfer Station by the vehicle within the same day.

(3) No cinematograph films, other than safety films, shall be taken for disposal to any incinerator maintained by the Commissioner, and when so taken shall be accompanied by a certificate or letter issued by the Director of Fire Service to the effect that the same are safety films.

(4) The Commissioner may, at his discretion, without assigning any reason refuse to accept any refuse, matter or other thing for the purpose of disposal, burning or treatment.

Obstruction of cleansing work

25. No person shall prevent, hinder or delay, in any manner whatsoever, the work of cleansing any street, drain or other place by the employees of any Government department or statutory authority.

Obstruction of streets, drains, etc.

26.—(1) No person shall —

(a)	obstruct or cause or permit to be obstructed any street or drain with any vehicle, matter, thing or object; or
(b)	park any vehicle, other than a public cleansing vehicle, within 10 metres of any street refuse bin point, refuse bin centre or refuse bin compartment.

(2) The Commissioner, a public health officer or any public officer authorised in writing in that behalf by the Commissioner may —

(a)

require any person who contravenes paragraph (1), by notice in writing within such period as may be specified therein, to remove, at the expense of that person, any vehicle, matter, thing or object upon or in any street or drain for the purpose of cleansing that street or drain or any vehicle parked within 10 metres of a street refuse bin point, refuse bin centre or refuse bin compartment for the purpose of collecting refuse therefrom; or

(b)

remove or cause to be removed, any vehicle, matter, thing or object upon or in any street or drain for the purpose of cleansing that street or drain, or any vehicle parked within 10 metres of a street refuse bin point, refuse bin centre or refuse bin compartment for the purpose of collecting refuse therefrom, and recover from such person the costs and expenses thereof in the manner provided in section 95 of the Act —

(i)	without issuing any notice to the person if in the opinion of the Commissioner, the public health officer or public officer, the circumstances so warrant; or
(ii)	if the notice has not been complied with by the person within the period specified.

(3) Nothing in paragraph (2) shall be construed as preventing any person from being prosecuted for any contravention of paragraph (1).

(4) If, in any proceedings for any contravention of paragraph (1)(a), it is shown that any street or drain was obstructed with any matter, thing or object (other than a motor vehicle) and such street or drain being immediately in front of, behind or by the side of any premises, it shall be presumed, unless the contrary is proved, that the street or drain was obstructed by or with the permission of the occupier or owner of the premises.

(5) (a) For the purposes of paragraph (1)(b), the driver or person having charge or control of the vehicle at or about the time of the alleged offence shall be deemed to have committed the offence.

(b)	If the vehicle is left unattended, any public health officer, police officer or public officer authorised in writing in that behalf by the Commissioner may by notice in writing require the owner of the vehicle to give information as to the identity and address of the driver or the person having charge or control of the vehicle at or about the time of the alleged offence and such other information as may be required within 7 days.
(c)	If the owner fails to comply with the notice, he shall be guilty of an offence under this regulation, unless he proves to the satisfaction of the Court that he did not know and could not with reasonable diligence have ascertained the information required.
(d)	For the purposes of this regulation, “park” means to bring a vehicle to a stationary position and cause it to remain there for any purpose.

Wayangs, fairs, etc.

27.—(1) Any person who holds or stages any wayang, fair, fête or other similar entertainment in any unenclosed open ground or street shall keep clean and free from litter that part of the ground or street on which the entertainment is being held or staged and also its immediate vicinity.

(2) Where the Commissioner, a public health officer or any public officer authorised in writing in that behalf by the Commissioner is of the opinion that any such person has failed to comply with paragraph (1) or that the sweeping and cleansing of the part of the ground or street concerned has not been carried out in a proper manner, he may —

(a)

by notice in writing require such person, within such period as may be specified therein, properly to sweep and cleanse the part of the ground or street concerned; or

(b)

sweep and cleanse or cause to be swept and cleansed the part of the ground or street concerned and recover from such person the costs and expenses thereof in the manner provided in section 95 of the Act —

(i)	without issuing any notice to such person if, in the opinion of the Commissioner, the public health officer or such public officer, the circumstances so warrant; or
(ii)	if the notice has not been complied with by such person within the period specified.

(3) Nothing in paragraph (2) shall be construed as preventing any person from being prosecuted for any contravention of paragraph (1).

Fees

28.—(1) The fees for the collection, removal and disposal of refuse shall be as set out in the Second Schedule.

(2) Fees collected under paragraph (1) shall be paid either through the Public Utilities Board or in such other manner as the Commissioner may require.

Exemption

29. The Commissioner may, at his discretion, exempt any person, building or premises or any class of persons, buildings or premises from all or any of the provisions of regulation 3, 4, 24(1)(c) or 28(1).

Penalty

30. Any person who contravenes any of the provisions of —

(a)	regulation 3 or 4;
(b)	regulations 6 to 25, with the exception of regulation 15(1); or
(c)	regulation 26(1) or (5)(c) or regulation 27,

shall be guilty of an offence and shall be liable on conviction —

(i)	for a first offence, to a fine not exceeding $150 and to a further fine not exceeding $50 for every day during which the offence continues after conviction;
(ii)	for a second offence, to a fine not exceeding $500 and to the like further fine; and
(iii)	for a third or subsequent offence, to a fine not exceeding $1,000 and to the like further fine.

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