Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste
(2004 Revision)
Chapter I: General Provisions
Article 1:
This Law is enacted for the purpose of preventing and controlling environmental pollution by solid waste, safeguarding human health and promoting the development of socialist modernization drive.
Article 2:
This Law shall apply to the prevention and control of environmental pollution by solid waste within the lerritory of the People’s Republic of China.
This Law shall not apply to the prevention and control of marine environmental pollution by solid waste or of environmental pollution by radioactive solid waste.
Article 3:
The State shall in preventing and controlling environmental pollution by solid waste, implement the principles of reducing the discharge of solid waste, fully and rationally utilizing solid waste and making it hazardless through treatment.
The state shall encourage and support the comprehensive utilization of resources, to promote the solid waste recycling and rational use fully.
Article 4:
The people’s governments at or above the county level shall include the prevention and control of environmental pollution by solid waste into their environmental protection programs and adop economic and technical policies and measures to facilitate the prevention and control of enviromental pollution by solid waste.
The State Council departments, local people’s governments above the county level and their relevant departments, the preparation of urban construction, land use, regional development, industrial development planning, should consider reducing the overall amount of solid and hazardous waste generation, promote the comprehensive utilization of solid waste and decontamination and disposal.
Article 5:
The State shall take the implementation of the principle of the polluter shall be responsible for solid waste pollution.
Producers, sellers, importers, users of its solid waste pollution should be bear the responsibility.
Article 6:
The State encourages and supports scientifice research, technological development, and dissemination of advanced prevention and control technology as well as of scientific knowledge in the fiel of prevention and control of environmental pollution by solid waste.
Governments at all levels should strengthen the prevention and treatment of solid waste pollution and public education, advocate in favor of environmental protection, production and lifestyle.
Article 7:
The State encourages units and individuals to purchase and use recycled products and reuse products.
Article 8:
The people’s govenments at various levels shall give awards to units and individuals that have achieved outstanding successes in the preventior and control of environmental pollution by solid waste and in its comprehensive use.
Article 9:
Any units or individuals shall have the obligation to protect the environment, and the right to report or file charges against units or individuals that cause environmental pollution by solid waste.
Article 10:
The competent administrative department of environmental protection under the State Council shall conduct unified supervision and managment of the prevention and control of environmental pollution by solid waste throughout the country. The relevant departments under the State Council shall be responsible for supervision and management of the prevention and control of environmental pollution by solid waste within their respective functions and responsibilities.
The competent administrative department of environmental protection under the Local people’s governments above the county level shall conduct unified supervision and managment of the prevention and control of environmental pollution by solid waste throughout the country. The relevant departments shall be responsible for supervision and management of the prevention and control of environmental pollution by solid waste within their respective functions and responsibilities.
State Council administrative department of construction and local people’s governments above the county level health administrative departments shall be responsible for supervision and management with regard to clearing up, collection, storage, transportation and treatment of unban house refuse.
Chapter II: Supervision and Management of the Prevention and Control of Environmental Pollution by Solid Waste
Article 11:
The State Council in conjunction with environmental protection administrative department under the State Council administrative department shall formulate National solid waste pollution prevention technical standards according to the national environmental quality standards and national economic and technological conditions.
Article 12:
The administrative department under the State Council in charge of environmental protection shall establish a monitoring system for environmental pollution caused by solid waste, formulate unified monitoring standards, and organize a monitoring network in conjunction with other relevant departments.
Large and medium-sized city government environmental protection administrative departments shall regularly publish the types of solid waste, generation and disposal status information.
Article 13:
Solid waste production, project construction and the construction of the storage, use and disposal of solid waste projects, environmental impact assessment must be conducted according to the law and comply with state construction project environmental management requirements.
Article 14:
The necessary supporting installations for the prevention and control of environmental pollution by solid waste specified in the statement of the effect of the construction project must be designed, built and put into operation simultaneously with the main part of the project. The construction project may be put and control of environmental pollution by solid waste are examined and considered up to standards by the competent administrative department of environmental protection that examined and approved the statement of environmental effect. Th e installations for the prevention and control of environmental pollution by solid waste must be checked and accepted at the same time as the main part of the project is checked and accepted.
Article 15:
The competent administrative departments of environmental protection of people’s government at or above the county level and other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste shall, in accordance with their respective functions and responsibilities, have the right to conduct on-the-spot inspection of units within their jurisdietion that have to do with the prevention and control of enviromental pollution by solid waste. Units under inspection shall truthfully report the situation and provide the necessary information. The inspection authorities shall keep confidential the technological know – how and business secrets of the units inspected.
Prosecutors on-site inspection can be taken on-site monitoring, collecting samples, inspection or copying and solid waste pollution prevention-related information and other measures. Inspectors shall show their indentification papers when they conduct on-the-spot inspection.
Chapter III: Prevention and Control of Environmental Pollution by Solid Waste
Section 1: General Provisions
Article 16: Units and individuals that discharge solid waste should take measures to prevent or reduce solid waste pollution of the environment.
Article 17:
Units or individuals that collect, store, transport, utilize or treat solid waste must take measures to prevent the scattering, anti-loss, leaking and seeping of solid waste, as well as other measures against pollution of the environment.
Any units or individuals are not allowed to dump waste and solid waste to rivers, lakes, canals, channels and reservoirs and the maximum water level below the slope of the beach and other laws and regulations.
Article 18: The design and the manufacturing of the products and packaging should be complied with the cleaner production provisions of the the relevant State regulations. State Council administrative department in charge of standardization and the relevant organizations should develop standards to prevent environmental pollution caused by excessive packaging be based on national economic and technical conditions and the conditions of solid waste pollution prevention and technical requirements for products.
Producers, sellers and users of products and packaging included in the compulsory recycling directory, shall in accordance with the relevant State regulations for the products and packaging materials recycling.
Article 19: The State encourages scientific research, production units of research, production and easy recycling and easy disposal or biodegradable in the environment of the film covering and packaging materials.
Corporations and individuals using gricultural film, recycling and other measures should be taken to prevent or reduce environmental pollution agricultural film.
Article 20: People engaged in large-scale breeding of livestock and poultry should be collected, storage, use or disposal the livestock and poultry manure generated in the process of breeding in accordance with relevant State regulations, prevent environmental pollution.
It was prohibited burning of straw in densely populated areas around the airport, transport links and local governments near the open area.
Article 21: For the collection, storage, transportation and disposal of solid waste facilities, equipment and locations, should strengthen the management and maintenance to ensure their normal operation and use.
Article 22:
The State Council and relevant State Council departments and the provinces, autonomous regions and municipalities designated nature reserves, scenic areas, drinking water source protection areas, basic farmland protection areas and other areas in need of special protection, prohibiting the construction of industrial solid waste focus storage and disposal facilities, landfill sites and garbage.
Article 23:
Transfer solid waste out of the province, autonomous region administrative regions of storage, disposal, solid waste shall be reported to the provinces, autonomous regions and municipalities to apply the administrative department of environmental protection. Out to the provinces, autonomous regions and municipalities shall be the administrative department of environmental protection business has been accepted to the provinces, autonomous regions and municipalities the administrative department of environmental protection consent to the approval of the transfer of the solid waste out of the province, autonomous region administrative area. Unauthorized shall not be transferred.
Article 24:
It is forbidden for solid waste from abroad to be dumped, piled up or treated in the territory of China.
Article 25:
The State forbids the import of solid waste that cannot be used as raw material, establishes automatic import license category management and restricts the import of solid waste that can be used as raw material.
The competent administrative department of environmental protection under the State Council shall, in conjunction with the competent administrative department of foreign economic relations and trade under the State Council, prepare, readjust and publish a catalog of solid waste which may be imported as raw material. The solid waste that is not included in the catalog is forbidden to be imported.
Import ban included in the ban on the import directory of solid waste. Imports included in the directory to restrict imports of solid waste, should be examined and approved by the environmental protection and the State Council administrative department in charge of foreign trade department under the State Council. Solid waste included in the automatic licensing of imports directory, shall apply the automatic licensing procedures.
Imports of solid waste must meet the national environmental protection standards, and by the quality supervision inspection and quarantine departments inspected.
The specific management practices import of the solid waste, are inspected and quaranted environmental protection by the State Council administrative department of foreign trade department of the State Council, the State department of economic comprehensive macro-control, the Customs Department, the State department of Quality Supervision.
Article 26:
Importer is dissatisfied to its goods imported included to the scope of solid waste management by custom, may apply for administrative reconsideration or bring an administrative lawsuit to the people’s court.
Section 2 Prevention and Control of Environmental Pollution by Industrial Solid Waste
Article 27:
State environmental protection administration departments shall, jointly with the State comprehensive economic macro-control departments and other departments of industrial solid waste pollution on the environment to define, develop industrial solid waste pollution prevention and control of technology policy, organize to promote the production of advanced industrial processes and equipment for preventing and treating the solid waste pollution.
Article 28:
The competent department in charge of comprehensive administration of economic affairs under the State Concil shall, jointly with other relevant departments under the State Council, organize the research, development and dissemination of the production techniques and equipment that will serve to reduce the discharge of industrial solid waste, and promulgate the list of back ward production techniques and equipment that discharge industrial solid waste causing severe environmental pollution and that should be eliminated within a specified period of time.
Producers, sellers, importers or users must stop producing, selling, importing or using the equipment included in the list stipulated in the preceding paragraph within the period of time specified by the competent department in charge of comprerhensive administration of economic affairs in conjunction with other relevant departments under the State Concil. Users of the production techniques must stop the process techniques included in the list mentioned in the preceding, paragraph within the period of time specified by the competent department in charge of comprehensive administration of economic affairs jointly with other relevant departments under the State Council.
Equipments eliminated in in the list of deadline shall not be transferred to another for use.
Article 29:
People’s governments above the county level shall formulate a program planning for the industrial solid waste pollution and control, promote the advanced production ttechniques and equipment which can reduce the amount of industrial solid and hazardous waste generation, and promote prevention and control of environmental pollution by industrial solid waste.
Article 30:
Units discharging industrial solid waste must establish and improve the responsibility system for the prevention and control of environmental pollution and adopt measures for the prevention and control of environmental pollution by industrial solid waste.
Article 31:
Enterprises and institutions shall select and use raw materials rationally, energy and other resources, and adopt advanced production technology and equipment to reduce the amount of the dangers industrial solid waste.
Article 32:
The State institutes a system of report and registration for industrial solid waste.
Units discharging industrila solid waste must, in accordance with the regulations of the competent administrative department of environmental protection under the State Council, provide information about the quantity, flow direction, storage treatment and other matters concerning industrial solid waste to the competent administrative department of environmental protection of the local people’s government at or above the county levelin the place where such units are located.
Significant changes of the items preceding declarated shall be promptly reported.
Article 33:
Enterprises and institutions should be based on economic and technological conditions of its industrial solid waste generated be used; for temporarily use or not use, and must be in accordance with the State Council administrative department of environmental protection provisions of building storage facilities, location, security classification store, or take decontamination and disposal measures.
Construction of industrial solid waste storage and disposal facilities, sites must meet the national environmental protection standards.
Article 34:
It is prohibited unauthorized off, idle or dismantle industrial solid waste pollution prevention facilities and sites; really necessary to close, leave idle or dismantle, and must be approved by local governments above the county level environmental protection administrative department for approval, and to take measures to prevent pollution of the environment .
Article 35:
Units discharging industrial solid waste need to terminate should be prior to the industrial solid waste storage and disposal facilities, places to take pollution prevention measures, and disposal of industrial solid waste is not properly disposed of to prevent pollution of the environment.
Units discharging industrial solid waste is going to be changed, the unit should be changed in accordance with national regulations on environmental protection does not dispose of industrial solid waste and its storage and disposal facilities, places, or take measures to ensure safe disposal of the facility, workplace safety run. The parties prior to the change of industrial solid waste and its storage and disposal facilities, places responsibility for pollution prevention and control otherwise agreed, shall prevail; however, shall not relieve the parties of the pollution control obligations.
Implementation of this Act before the termination of the unit does not dispose of industrial solid waste and its storage and disposal facilities, the cost of safe disposal sites, by the People’s Government; However, the unit shall have the right to use the land transfer should be decided by Land use right assignee disposal. The parties agree otherwise, shall prevail; however, shall not relieve the parties of the pollution control obligations.
Article 36:
Mining companies should adopt a scientific method of mining and mineral processing, reduce tailings, waste rock, waste rock and other mining of solid waste generation and storage capacity.
Tailings, waste rock, waste rock and other mining industry to stop using the solid waste storage facilities, the mining company should be in accordance with national provisions concerning environmental protection closure to prevent environmental pollution and ecological damage.
Article 37:
Dismantling, utilization and disposal of waste electrical appliances and abandoned vehicles and vessels shall comply with relevant laws and regulations, adopt measures to prevent environmental pollution.
Section 3 Prevention and Control of Environmental Pollution by Urban House Refuse
Article 38:
People’s governments above the county level shall make overall arrangements for the construction of urban and rural life, garbage collection, transportation, disposal facilities, improve the utilization of waste, decontamination and disposal, and promote garbage collection and disposal of industrial development, and gradually establish and improve solid waste pollution Prevention and Control of the social service system.
Article 39:
Environment, local people’s governments above the county level health administrative departments shall organize cleaning of urban living garbage, collection, transportation and disposal, can be selected by means of bidding units of the conditions in the garbage cleaning, collection, transportation and disposal.
Article 40:
Municipal solid waste shall be in accordance with the administrative department of environmental health regulations, placed at specified locations, are not free to dump, throw or pile.
Article 41:
Cleaning, collection, transportation and disposal of municipal solid waste, shall comply with relevant national environmental protection and health management requirements to prevent pollution of the environment.
Article 42:
Municipal solid waste should be timely removal, step by step so that the separate collection and transport, and actively carry out the implementation of rational use and safe disposal.
Article 43:
The city government should be planned to improve the fuel structure, the development of city gas, natural gas, liquefied petroleum gas and other clean energy sources.
Urban people’s governments shall organize clean vegetables into the city to reduce municipal solid waste.
Urban people’s governments shall make overall planning and reasonable arrangement purchasing networks and promote the recycling of garbage.
Article 44:
Construction of waste disposal facilities and sites must conform to the State Council administrative department in charge of environmental protection and construction administration department under the State Council’s environmental protection and environmental health standards.
It is prohibited unauthorized off, idle or dismantle waste disposal facilities and sites; really necessary to close, leave idle or dismantle, and must be approved by the local people’s governments above the county level administrative departments of environmental health and environmental protection administrative department for approval, and to take measures to prevent environmental pollution.
Article 45:
Recovered from the waste material must be in accordance with national regulations or standards for use purposes, not for the production of the product may be harmful to human health.
Article 46:
Construction unit shall produce during removal and transportation of construction solid waste, environmental health and in accordance with the provisions of the administrative department to use or disposal.
Article 47:
In public transport business units shall, in accordance with relevant state regulations, cleaning, collection and transportation of solid waste generated in the process.
Article 48:
Engaged in the development of new urban, urban reconstruction and development and construction of residential units, as well as airports, docks, stations, parks, shops and other public facilities, places of business management units should be in accordance with relevant environmental health regulations and supporting the building of garbage collection facilities.
Article 49:
Rural solid waste pollution prevention and control of specific measures by local regulations.
Chapter IV: Special Provisions on Prevention and Control of Environmental Pollution by Hazardous Waste
Article 50:
Hazardous waste pollution prevention and control, this Chapter shall apply; not provided in this chapter, other relevant provisions of this Law shall apply.
Article 51:
State environmental protection administration departments shall, jointly with relevant departments of the State Department list of state hazardous waste, hazardous waste identification to establish uniform standards, methods of identification and identification.
The preceding paragraph shall include hazardous waste management program to reduce hazardous waste generation and hazardous measures and hazardous waste storage, use and disposal measures. Hazardous waste management plan should be reported to the unit generates hazardous waste people’s governments above the county level environmental protection administrative department.
Declaration required under this section, the matter content of hazardous waste management plan or a significant change shall be promptly reported.
Article 54:
State environmental protection administration departments of the State Council department of economic comprehensive macro-control organization focused on the preparation of hazardous waste disposal facilities, on the construction plan, the State Council for approval and implementation.
Local people’s governments above the county level shall, according to hazardous waste disposal facilities, construction sites construction planning organization focused on hazardous waste disposal facilities and sites.
Article 55:
Units discharging hazardous waste must be disposed of in accordance with relevant state regulations of hazardous waste are not allowed to dump, pile up; not disposed of by the local people’s governments above the county level environmental protection administrative department shall order rectification; fails to dispose of or disposal does not meet the national relevant provisions, the local people’s governments above the county level environmental protection administrative department designated units in accordance with relevant state regulations on behalf of the disposal of hazardous waste disposal costs by the unit commitment.
Article 56:
To landfill disposal of hazardous waste does not meet the environmental protection administrative department under the State Council, it shall pay the hazardous waste charges. Hazardous waste concrete sewage charges levied by the State Council.
Hazardous waste costs in sewage pollution prevention and control shall not used for other purposes.
Article 57:
Engaged in the collection, storage and disposal of hazardous waste management activities of the units, people’s governments above county level must be to the environmental protection administrative department apply for business licenses; engaged in hazardous waste operations using the unit, must the State Council or provincial environmental protection administration departments , autonomous regions and municipalities apply for the administrative department of environmental protection license. Specific management practices by the State Council.
Article 58:
It is prohibited without license or operating permit not in accordance with hazardous waste collection, storage, use and disposal of business activities.
It is prohibitted the offer or entrust hazardous waste to units engaged in no business license collection, storage, use and disposal of business activities.
It is prohibited non-hazardous waste mixed with hazardous waste storage.
Article 59:
Movement of hazardous waste, must be completed in accordance with the relevant provisions of state hazardous waste transfer orders to the hazardous waste out of the area to set up local people’s governments above the level of environmental protection administrative department to apply. Out to districts and local people’s governments above the level of environmental protection administrative department shall, to the supplier will accept the municipal districts and local governments over the administrative department of environmental protection consent to the approval of the transfer of the hazardous waste. Unauthorized shall not be transferred.
Movement of hazardous wastes through out, the acceptance of land outside the administrative areas, hazardous waste out of the area to set up local people’s governments above the level of environmental protection administrative department shall promptly notify the districts along the way through the local people’s governments above the level of environmental protection administration authorities.
Article 60:
Transport hazardous waste, must take measures to prevent pollution of the environment and comply with relevant national transport of dangerous goods management requirements.It is prohibited hazardous waste with the same means of transport carrying passengers.
It is prohibited hazardous waste with the same means of transport carrying passengers.
Article 61:
Sites of collection, storage, transportation and disposal of hazardous waste , facilities, equipment and containers, packaging and other items used for other purposes, you must go through decontamination processing before use.
Article 62:
Units of generation, collection, storage, transportation, use and disposal of hazardous waste shall formulate measures for accident prevention and emergency plans to local people’s governments above the county level environmental protection administrative department for the record; environmental protection administrative department shall be Check.
Article 63:
Result of an accident or other emergencies, hazardous waste and polluting units, must take immediate measures to eliminate or mitigate environmental pollution hazards, and timely information about potentially contaminated hazardous units and residents to the county level or above government environmental protection administrative departments and report to appropriate authorities for investigation and treatment.
Article 64:
In the event that may occur or there is evidence of serious pollution of the environment of hazardous waste, threatening life and property safety of residents, local people’s governments above the county level environmental protection administrative department or other solid waste pollution prevention and control of the supervision and management must be to the people immediately Government and the people on a government administrative department report, by the people’s government to prevent or mitigate harm to take effective measures. The people’s government can be ordered as needed to stop causing or may cause environmental pollution accident operations.
Article 65:
Focus on hazardous waste disposal facilities, site decommissioning costs should be accrued, or included in the investment budget for operating costs. Specific extraction and management practices, the financial sector by the State Council, the price department in conjunction with the environmental protection administrative department under the State Council.
Article 66:
It is prohibited by the People’s Republic moving the hazardous wastes cross-border.
Chapter V: Legal Responsibility
Article 67:
People’s governments above the county level environmental protection administrative department or other solid waste pollution prevention and control of the supervision and management department, in violation of this Law, one of the following acts by the people’s government or higher level people’s government administrative department shall order correction, the responsible person in charge and other directly responsible persons shall be given administrative sanctions; crime is constituted, criminal responsibility shall be:
(1) Shall not apply to administrative license or approval document;
(2) Found illegal after receiving reports of violations are not investigated;
(3) Other acts fail to perform its regulatory duties.
Article 68:
Violation of this Law, the following acts, the people’s governments above the county level environmental protection administrative department shall order to stop illegal activities, within a time limit, will be imposed with a penalty of:
(1) Do not in accordance with state regulations to declare the registration of industrial solid waste, or fraud in the registration of declaration;
(2) For the temporarily use or do not use of industrial solid waste storage facilities are not building, workplace safety classification of storage, or disposal not taken sound measures;
(3) Transfer the equipment which is the deadline list included to another for use;
(D) without close, leave idle or dismantle industrial solid waste pollution prevention facilities, sites;
(4) Construct industrial solid waste centralized storage and disposal facilities, waste sites and landfills in the nature reserves, scenic areas, drinking water source protection areas, basic farmland protection areas and other areas in need of special protection;
(5) Do not have the unauthorized and remove the solid waste out of the province, autonomous region administrative regions of storage and disposal ;
(6) Failure to take appropriate preventive measures, resulting in the scattering of industrial solid waste, loss, leakage or other environmental pollution caused by;
(7) Discarded industrial solid waste along the way during transport.
Whoever, in violation the first, eighth acts of the preceding paragraph,will be imposed with a penalty of at 5,000 to 50,000 yuan; in violation the second, third, fourth, fifth, sixth, seventh acts of the preceding paragraph, will be imposed with a penalty of 10,000 yuan to 100,000 yuan.
Article 69:
Whoever, in violation of this law, construction projects need to complete the construction of solid waste pollution prevention facilities not yet completed, without the acceptance or acceptance of unsatisfactory, the main project that is put into production or use, by the approval of the construction project environmental impact assessment of environmental protection administration shall order to stop the production or use, may impose a penalty of 100,000 yuan.
Article 70:
Whoever, in violation of this law and refuse the people’s government above the county level environmental protection administrative department or other solid waste pollution prevention and control of the supervision and management on-site inspection, site inspection by the executive department shall order rectification; refuse to correct or check fraud , will be imposed with a penalty of 2,000 to 20,000 yuan.
Article 71:
Engaged in large-scale breeding of livestock and poultry is not in accordance with relevant state regulations for collection, storage and disposal of manure, causing environmental pollution, local people’s governments above the county level by the environmental protection administrative department shall order correction and may be a fine of 50,000 yuan.
Article 72:
Whoever, in violation of this law, production, sale, import or use of obsolete equipment, or to use out of the production process, people’s governments above the county level by the comprehensive economic macro-control department shall order rectification; the circumstances are serious, people’s governments above the county level by the comprehensive economic views of macro-control department and report the same level government authority by the State Council decided to close down or close down.
Article 73:
Tailings, waste rock, waste rock and other solid waste storage facilities to stop mining after use, not in accordance with relevant provisions of the closure of environmental protection, local people’s governments above the county level by the environmental protection administrative department shall order correction and may be fifty thousand yuan more than 200,000 yuan shall be imposed.
Article 74:
Whoever, in violation of the provisions on municipal solid waste pollution prevention provisions of the following acts by the local people’s governments above the county level environmental health administrative departments shall order to stop illegal activities, within a time limit, a fine:
(1) Dumping, throwing or piling of garbage randomly;
(2) Close, leave idle or dismantle waste disposal facilities, sites without unauthorized;
(3) The construction units of the construction process is not timely removal and transportation of solid waste generated, environmental pollution;
(4) For the use of solid waste generated or disposed of, the engineering and construction units are not in accordance with the administrative department of environmental health provisions of the construction process.
(5) Discarded garbage along the way during transport.
Units in violation of the first, third, fifth preceding acts, will be imposed with a penalty of 5,000 to 50,000 yuan; violation of the second, fourth acts, will be imposed with a penalty of ten thousand yuan to 100,000 yuan. For the fifth acts, will be imposed with a penalty of 200 yuan.
Article 75:
In violation of the provisions on hazardous waste pollution prevention provisions of the following acts by the people’s governments above the county level environmental protection administrative department shall order to stop illegal activities, within a time limit, will be imposed with a penalty:
(1) Do not set the identification of the hazardous waste;(2) Do not in accordance with state regulations to declare the registration of hazardous waste, or fraud in the registration of declaration;
(3) Without authorization to close, leave idle or dismantle hazardous waste disposal facilities, sites;
(4) Do not pay sewage charges in accordance with state hazardous waste regulations;
(5) Provide or entrust hazardous waste to non-license units engaged in business activities;(6) Transfer of hazardous waste or the unauthorized transfer of a single hazardous waste without completed in accordance with state regulations;
(7) Mix the hazardous waste with the non-hazardous waste for storage;
(8) Without the safety of disposal, mixed collection, storage, transportation and disposal of hazardous waste with the incompatible nature;
(9) Transport hazardous waste and passengers carried together;
(10) used the collection, storage, transportation and disposal of hazardous waste sites, facilities, equipment and containers, packaging and other items without the treatment of eliminating pollution for other purposes;
(11)Failure to take appropriate preventive measures and cause hazardous waste scattering, loss, leakage or other environmental pollution;
(12) Do not develop prevention measures and contingency plans for hazardous waste accident.
For the first, second, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth acts in the preceding paragraph, will be imposed with a penalty of more than 10,000 yuan and less than 100,000 yuan; for the third, fifth, sixth acts, will be imposed with a penalty of more than 20,000 yuan and less than 200,000 yuan;for the fourth act, if overdue pay of the deadline payment,will be penalty of more than one and less than three times the amount of the penalty base the hazardous waste at the sewage charges.
Article 76:
Whoever, in violation of this Law, hazardous waste producers do not dispose of their hazardous waste generated shall not bear the cost of disposal should be borne by the local people’s governments above the county level environmental protection administrative department shall order correction, on behalf of more than double the cost of disposal three times the fine.
Article 77:
No business license or business license regulations in not in accordance with the collection, storage, use and disposal of hazardous waste management activities, by the people’s governments above the county level environmental protection administrative department shall order to stop illegal activities, confiscate the illegal income and impose illegal income three times the fine.
Do not in accordance with the provisions in the preceding license active, you can also revoke their licenses by the issuing authority.
Article 78:
In violation of this Law, the People’s Republic of entry outside the solid waste dumping, dumping, disposal, import prohibited imports of solid waste imported without permission or restrict the import of solid wastes are used as raw materials, back ordered by the Customs transport the solid waste, more than 100,000 yuan may impose a fine of $ 1 million; constitute a crime, be held criminally responsible. Importer is unknown, the carrier returned to the responsibility of solid waste, or bear the cost of solid waste disposal.
Evade Customs supervision to transport solid waste outside the People’s Republic of entry constitutes a crime, be held criminally responsible.
Article 79:
In violation of this Law, the People’s Republic of cross-border movement of hazardous wastes, ordered returned by the customs of the hazardous waste, can impose a 50,000 yuan fine of more than 500,000 yuan.
Article 80:
For the solid waste has been illegal immigration, by the provincial people’s government administrative departments of environmental protection law put forward opinions to the Customs, the Customs shall be in accordance with the provisions of Article 78 of this Law made the decision; has caused environmental pollution, the provincial people’s governments above the environmental protection administrative department shall order the importer to eliminate pollution.
Article 81:
Whoever, in violation of this Law, causing a serious solid waste pollution of the environment, the people’s governments above the county level environmental protection administrative department under the authority of the State Council decided to limit treatment; fails to complete the task, and by the people’s government decided to close down or close down.
Article 82:
Whoever, in violation of this Law, caused the solid waste pollution by accident, will be imposed with a penalty of more than 20,000 yuan or less than 200,000 yuan by the people’s governments above the county level administrative departments of environmental protection; caused significant losses, will be imposed with three per cent of the loss, but most do not exceed 1 million yuan, for the responsible person in charge and other directly responsible personnel shall be given administrative sanctions; caused solid waste pollution by major accidents, will be decided by the people’s governments above the county levelto close down or close down in accordance with the provisions of the State Council authority.
Article 83:
Whoever, in violation of this Law, to collect, storage, use and disposal of hazardous waste, causing major environmental pollution accident, is constituted as a crime, shall be investigated with criminal responsibility.
Article 84:
The profits of the units and individuals are damaged by solid waste pollution, they have the right to request compensation for damages according to law.
Disputes about liability and compensation, the environmental protection administrative department or other solid waste pollution prevention and control of the mediation should process supervision and management according to the request of the parties; if mediation fails, the parties can sue at the law to the people’s court. The party may also directly sue at the law to the people’s court.
The state encourages legal services for solid waste pollution litigation to provide legal assistance to victims.
Article 85:
Environmental pollution caused by solid waste, whoever responsible should be for the lost,by law for damages, and take measures to restore the status quo of the environment.
Article 86:
A damages sue caused by the Solid Waste Pollution, whoever, should undertake the responsibility to give proof or evidence due to there is no causal relationship between the exemptions provided by the law and the damage results.
Article 87:
Disputes of solid waste pollution liability and compensation for damages the amount, the parties may entrust environmental monitoring institutions to provide monitoring data. Environmental monitoring agencies should be accept the commission and provide relevant monitoring data faithfully.
Chapter VI: Supplementary Provisions
Article 88:
The meaning of the following terms for this Law:
(1)Solid waste, refers to the production, life and other activities generated and loss of existing use value or loss of use value, but solid, semi-solid has not yet been discarded or abandoned and gaseous materials and substances placed in containers, and material included in solid waste management by the law and administrative regulations.
(2)Industrial solid waste is a solid waste generated in the industrial production.
(3)Garbage, is the solid waste generated in daily life or the daily activities provided services, as well as the solid waste regards as garbage by the legal and administrative regulations.
(4) Hazardous waste, is the solid waste included in the national list of hazardous waste or indetified has the hazardous characteristics according to state standards and methods of identification.
(5) Storage, is the activity refers to put the solid waste to facilities or in a specific place temporarily.
(6) Disposal, is the method refers to burn the solid waste or other changes the characteristics in the physical, chemical and biological to reduce the amount and the volume of solid waste, reduce or eliminate the hazardous components of the solid waste, or activity of placing the waste to the landfill ajust to the requirements for environmental protection.
(7) To make use of, is activity to extract material as raw material or fuel from the solid waste.
Article 89:
This Law shall apply to liquid waste pollution prevention; However, the wastewater discharged into the water pollution control applicable to the relevant laws do not apply this law.
Article 90:
The relevant international treaties and provisions The Repbulic of China has signed or acceded to the solid waste pollution prevention are different with this law, the applicable provisions are the international treaties; However, except for The Repbulic of China has made reservations.
Article 91:
This law shall come into force on April 1, 2005.