-刹那
Law of the
People's Republic of China on Prevention and
Control of Environmental
Pollution by
Solid Waste
(Adopted at the 16th
Meeting of the Standing Committee of the Eighth
National
People’s
Congress
on October 30, 1995, revised at the 13th Meeting
of the Standing Committee of the
Tenth
National People’s Congress and promulgated by
Order No. 31 of the President of the
People’s Republic of China on December
29, 2004)
Contents
Chapter I General Provisions
Chapter II Supervision over the
Prevention and Control of Environmental Pollution
by Solid
Waste
Chapter III
Prevention and Control of Environmental Pollution
by Solid Waste
Section 1 General
Regulations
Section 2 Prevention and
Control of Environmental Pollution by Industrial
Solid Waste
Section 3 Prevention and
Control of Environmental Pollution by Household
Waste
Chapter IV Special Regulations
for Prevention and Control of Environmental
Pollution by
Hazardous Waste
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the
purpose of preventing and controlling
environmental
pollution by solid waste,
ensuring human health, maintaining ecological
safety and promoting
the sustainable
development of the economy and society.
Article 2 This Law is applicable to the
prevention and control of environmental pollution
by
solid waste within the territory of
the People’s Republic of China.
This Law is not applicable to the
prevention and control of marine environmental
pollution by
solid waste or of
environmental pollution by radioactive solid
waste.
Article 3 In preventing and
controlling environmental pollution by solid
waste, the State follows
the principles
of reducing the quantity of solid waste generated
and its harmfulness, fully and
rationally utilizing solid waste, and
making it innocuous through treatment, in order to
promote
cleaner production and the
development of a circular economy.
The
State adopts economic and technical policies and
measures that facilitate the comprehensive
use of solid waste, in order to fully
recover and rationally utilize solid waste.
The State encourages and supports the
adoption of measures for concentrated treatment of
solid
waste for the benefit of
environmental protection and promotes the
development of the industry
designed to
prevent and control environmental pollution by
solid waste.
Article 4 People’s
governments at or above the county level shall
include the prevention and
control of
environmental pollution by solid waste in their
plans for national economic and social
development and adopt economic and
technical policies and measures that facilitate
the
prevention and control of
environmental pollution by solid waste.
When making arrangements for drawing up
plans for town and township construction, land
use,
regional development, industrial
development, etc., the relevant departments under
the State
Council, local people’s
governments at or above the county level and the
relevant dep
artments
under
them shall give overall consideration to the need
of reducing the quantity of solid waste
generated and its harmfulness, and
promoting the comprehensive use of solid waste and
making
it innocuous through treatment.
Article 5 In preventing and controlling
environmental pollution by solid waste, the State
follows
the principle whereby the
polluter is held responsible in accordance with
law.
Manufactures, sellers, importers
and users of products shall, in accordance with
law, be
responsible for preventing and
controlling pollution by solid waste generated by
the products.
Article 6 The State
encourages and supports scientific research in and
development of
technologies for
prevention and control of environmental pollution
by solid waste, promotes the
wide use
of advanced technologies for such prevention and
control, and disseminates scientific
knowledge in this field.
People’s governments at various levels
shall enhance publicity and education in the need
of
prevention and control of
environmental pollution by solid waste and promote
the mode of
production and way of life
that are conducive to environmental protection.
Article 7 The State encourages units
and individuals to purchase or use recycled and
recyclable
products.
Article
8 The people’s go
vernments at various
levels shall give awards to the units and
individuals that have achieved
outstanding successes in the prevention and
control of
environmental pollution by
solid waste and in its multipurpose use.
Article 9 All units and individuals
have the obligation to protect the environment and
have the
right to report or file
charges against the units or individuals that
cause environmental pollution
by solid
waste.
Article 10 The administrative
department for environmental protection under the
State Council
shall conduct unified
supervision over 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 over the
prevention and control of environmental pollution
by solid
waste within the scope of
their respective duties.
The
administrative departments for environmental
protection under the local people’s
governments at or above the county
level shall conduct unified supervision over the
prevention
and control of environmental
pollution by solid waste within their own
administrative areas. The
relevant
departments of the said people’s governments shall
be responsible for supervision over
the
prevention and control of environmental pollution
by solid waste within the scope of their
respective duties.
The
administrative department for construction under
the State Council and the administrative
departments for environmental
sanitation under the local people’s governments at
or above the
county level shall be
responsible for supervision over the cleaning up,
collection, storage,
transportation and
treatment of household waste.
Chapter
II
Supervision over the Prevention and
Control of Environmental Pollution by Solid Waste
Article 11 The administrative
department for environmental protection under the
State Council
shall, in conjunction
with the relevant administrative departments under
the State Council and
on the basis of
the national standards for environmental quality
and the country’s ec
onomic and
technological conditions, draw up the
national technological standards for prevention
and
control of environmental pollution
by solid waste.
Article 12 The
administrative department for environmental
protection under the State Council
shall establish a system for monitoring
environmental pollution by solid waste, formulate
unified monitoring norms and, in
conjunction with relevant departments, set up a
monitoring
network.
The
administrative departments for environment
protection under the people’
s
governments of
large and medium-sized
cities shall regularly publish information about
the types of solid waste,
the
quantities generated and its treatment.
Article 13 For construction of a
project where solid waste is generated or a
project for storage,
utilization or
treatment of solid waste, its impact on the
environment shall be assessed according
to law, and the State regulations
governing environmental protection in respect of
construction
projects shall be complied
with.
Article 14 The necessary
supporting facilities for prevention and control
of environmental
pollution by solid
waste specified in the environmental impact
assessment document of a
construction
project shall be designed, constructed and put
into operation simultaneously with
the
main part of the project. The construction project
may be put into production or use only
after the facilities for prevention and
control of environmental pollution by solid waste
are
checked and accepted as qualified
by the original administrative department for
environmental
protection that examined
and approved the environmental impact assessment
document. The
facilities for prevention
and control of environmental pollution by solid
waste shall be checked
and accepted
simultaneously with the main part of the project.
Article 15 The administrative
department for environmental protection under the
people’s
government at or above the
county level and the administrative department for
supervision over
prevention and control
of environmental pollution by solid waste shall
have the right to conduct,
in
compliance with their respective duties, on-the-
spot inspection of the units located within the
scope of their jurisdiction that are
involved in the prevention and control of
environmental
pollution by solid waste.
The units under inspection shall give truthful
reports of the situation
and provide
the necessary information. The inspection
authority shall keep confidential the
technological know-how and business
secrets of the units inspected.
When
conducting on-the-spot inspection, the inspection
authority may adopt such measures as
conducting on-the-spot monitoring,
collecting samples, consulting or duplicating
materials
related to the prevention and
control of environmental pollution by solid waste.
Inspectors shall
show their
identification papers when they conduct on-the-
spot inspection.
Chapter III
Prevention and Control of Environmental
Pollution by Solid Waste
Section 1
General Regulations
Article
16 Units and individuals where solid waste is
generated shall adopt measures to prevent
or reduce environmental pollution by
solid waste.
Article 17 Units and
individuals that collect, store, transport,
utilize or treat solid waste shall
take
measures to prevent the scattering, running off
and spilling of solid waste, or other
measures to prevent pollution of the
environment; they shall not dump or pile up,
without
authorization, or discard or
litter solid waste.
No unit or
individual may dump solid waste into rivers,
lakes, canals, channels, reservoirs, or
tidal flats and slopes below the
highest waterline, or other places where dumping
and piling up
of waste is prohibited by
laws and regulations.
Article 18
Products and packing materials shall be designed
and manufactured in compliance
with the
State regulations governing cleaner production.
The administrative department for
standardization under the State Council
shall, on the basis of the economic and
technological
conditions of the State,
in light of the prevention and control of
environment pollution by solid
waste
and in compliance with the technical requirements
of the products, take charge of
formulating relevant standards to
prevent environmental pollution by over-packing.
The enterprises, which manufacture,
sell or import products and packaging materials
included in
the compulsory recovery
catalog according to law, shall recover the said
products and
packaging materials
according to the relevant regulations of the
State.
Article 19 The State encourages
research institutions and manufactures to conduct
research in
and manufacture thin-film
sheetings and product packaging materials that are
easy to be
recycled or treated, or are
degradable in the environment.
Units
and individuals that use agricultural thin-film
shall take measures to recycle it or other
measures in order to prevent or reduce
environmental pollution by such film.
Article 20 An entity engaged in raising
livestock and poultry in a large scale shall, in
conformity
with relevant State
regulations, collect, store, utilize or treat the
excrement and urine discharge
by the
livestock and poultry, in order to prevent
environmental pollution. Open-air burning of
stalks in densely-populated areas, in
the neighboring areas of airports, on the
peripheries of the
main lines of
communications and in the areas delimited
by local people’s governments is
prohibited.
Article 21
Management and maintenance of facilities,
equipment and grounds for collection,
storage, transportation and treatment
of solid waste shall be improved so as to ensure
their
normal operation and use.
Article 22 Constructing of facilities
and grounds for concentrated storage and treatment
of
industrial solid waste or landfills
for household waste within the nature reserves,
scenic spots,
historical sites,
drinking water source reserves, capital farmland
reserves as delimited by the
State
Council, the relevant competent departments under
the State Council and the people’s
governments of provinces, autonomous
regions, and municipalities directly under the
Central
Government and within other
zones that need special protection is prohibited.
Article 23 For
transporting solid waste
out of the administrative area of a province,
autonomous region, or
municipality
directly under the Central Government for storage
or treatment, an application
shall be
submitted to the administrative department for
environmental protection under the
people’s government of the province,
autonomous region, or municipality directly under
the
Central Government of the area
where the solid waste is to be moved out. The
administrative
dep
artment
for environmental protection of the people’s
government of the province,
autonomous
region, or municipality directly under the Central
Government of the area where
the solid
waste is to be moved out may give approval to the
transporting of the solid waste out
of
its administrative area only after it has
consulted with, and won the consent of the
administrative department for
environmental protection of the people’s
government of the
province, autonomous
region, or municipality directly under the Central
Government of the area
for acceptance
of the solid waste. No solid waste may be
transported elsewhere without
approval.
Article 24 Importing of solid waste
from outside of the territory of the People’s
Republic of
China for dumping, piling
up or treating is prohibited.
Article
25 Importing of solid waste that cannot be used as
raw materials or utilized after being
made innocuous is prohibited; as a
means of control, the solid waste that can be used
as raw
materials shall be classified as
solid waste the import of which is restricted and
solid waste the
import of which is
automatically permitted.
The
administrative department for environmental
protection under the State Council shall, in
conjunction with the department in
charge of foreign trade under the State Council,
the
department in charge of
comprehensive and macro-economic control under the
State Council,
the General
Administration of Customs and the department in
charge of quality supervision,
inspection and quarantine under the
State Council, formulate, readjust and publish the
catalogs
of solid waste the import of
which is banned, restricted or automatically
permitted.
Importing of solid waste
placed in the catalog of solid waste the import of
which is banned is
prohibited.
Importing of solid waste placed in the catalog of
solid waste the import of which is
restricted shall be subject to
examination and approval by the administrative
department for
environmental protection
under the State Council in conjunction with the
department in charge
of foreign trade
under the State Council. For importing of solid
waste placed in the catalog of
solid
waste the import of which is automatically
permitted, the formalities for automatic
permission shall be gone through
according to law.
The solid waste
imported shall conform to the national standards
for environmental protection
and shall
be checked and accepted as qualified by the
department in charge of quality
supervision, inspection and quarantine.
The specific administrative measures
for import of solid waste shall be formulated by
the
administrative department for
environmental protection under the State Council,
in conjunction
with the department in
charge of foreign trade under the State Council,
the department in charge
of
comprehensive and macro-economic control under the
State Council, the General
Administration of Customs and the
department in charge of quality supervision,
inspection and
quarantine under the
State Council.
Article 26 Where an
importer is not satisfied with the Customs for
placing what he imports
under its
control over solid waste, he may apply for
administrative reconsideration according to
law or bring an administrative suit
before a people’s court.
Section 2
Prevention and
Control of Environmental Pollution by Industrial
Solid Waste
Article 27 The
administrative department for environmental
protection under the State Council
shall, in conjunction with the
department in charge of comprehensive and macro-
economic
control under the State
Council and the relevant departments, give a
definition of environmental
pollution
by industrial solid waste, work out technical
policies regarding the prevention and
control thereof, and take charge of
disseminating advanced production techniques and
equipment for prevention and control of
environmental pollution by industrial solid waste.
Article 28 The department in charge of
comprehensive and macro-economic control under the
State Council shall, in conjunction
with the relevant departments under the State
Council, take
charge of research in,
development of and promotion of the wide use of,
the production
techniques and equipment
that will serve to reduce the quantity of
industrial solid waste
generated and
its harmfulness, and publish the catalogs of the
outdated production techniques
and
equipment that generate industrial solid waste
which causes serious environmental pollution
and that should be eliminated within a
time limit.
Manufactures, sellers,
importers and users shall respectively stop
manufacturing, selling,
importing and
using the equipment, included in the catalog
mentioned in the preceding
paragraph,
within the time limit specified by the department
in charge of comprehensive and
macro-
economic control under the State Council in
conjunction with the relevant departments
under the State Council. Users of the
production techniques mentioned in the preceding
paragraph shall stop using the same
within the time limit specified by the department
in charge
of comprehensive and macro-
economic control under the State Council in
conjunction with the
relevant
departments under the State Council.
No
equipment that is included in the catalog of the
equipment to be eliminated within a time
limit and that is eliminated
accordingly shall be transferred to another entity
for use.
Article 29 The relevant
departme
nts of the people’s governments
at or above the county level
shall
formulate work plans for prevention and control of
environmental pollution by industrial
solid waste, in order to promote the
wide use of the advanced production techniques and
equipment which can serve to reduce the
quantity of industrial solid waste generated and
its
harmfulness and push forward the
work for prevention and control of environmental
pollution
by industrial solid waste.
Article 30 Units where industrial solid
waste is generated shall establish and improve the
responsibility system for prevention
and control of environmental pollution and adopt
measures
for prevention and control of
environmental pollution by industrial solid waste.
Article 31 Enterprises and institutions
shall rationally select and use raw materials,
energy and
other resources and employ
advanced production techniques and equipment, in
order to reduce
the quantity of
industrial solid waste generated and its
harmfulness.
Article 32 The State
institutes a system of report and registration for
industrial solid waste.
Units where
industrial solid waste is generated shall, in
accordance with the regulations of the
administrative department for
environmental protection under the State Council,
provide
information about the types,
quantity, flow direction, storage, treatment, etc.
of industrial solid
waste to the
administrative department for environmental
protection of the local people’s
governments at or above the county
level in the places where they are located.
Where substantial changes are to be
made in the matters that need to be reported as
mentioned
in the preceding paragraph,
the units shall report promptly.
Article 33 Enterprises and institutions
shall, on the basis of their economic and
technical
conditions, recycle
industrial solid waste generated; with regard to
industrial solid waste that is
not to
be recycled temporarily or that cannot be
recycled, they shall, in accordance with the
regulations of the administrative
department for environmental protection under the
State
Council, build facilities and
grounds for its storage, classify it in different
types for safe storage
or adopt
measures to make it innocuous through treatment.
The facilities and grounds for storage
or treatment of industrial solid waste shall be
built in
conformity with the national
standards for environmental protection.
Article 34 Closing down, leaving idle
or dismantling, without authorization, facilities
or
grounds for prevention and control
of environmental pollution by industrial solid
waste is
prohibited. Where it is really
necessary to do so, the matter shall be subject to
examination and
approval by the
administrative department for environmental
protection of the local people’s
governments at or above the county
level at the places where the facilities or
grounds are
located, and measures shall
be taken to prevent environmental pollution.
Article 35 If a unit where industrial
solid waste is generated need to be terminated, it
shall, in
advance, take measures to
prevent and control pollution from the facilities
and grounds for
storage or treatment of
industrial solid waste and make proper
arrangements in respect of the
untreated industrial solid waste to
prevent environmental pollution.
Where
the unit where industrial solid waste is generated
is changed, the new unit shall, in
accordance with the State regulations
for environmental protection, make safety
treatment of the
industrial solid waste
that has not been treated and of the facilities
and grounds for its storage or
treatment, or adopt measures to ensure
the safe operation of such facilities and grounds.
Where
the parties before the change is
made have agreed otherwise in respect of their
responsibilities
for prevention and
control of pollution by industrial solid waste and
by the facilities and
grounds for its
storage and treatment, their agreement shall
prevail; but they shall not thus be
relieved of their duty to prevent and
control pollution.
The expanses for
safe treatment of the industrial solid waste that
has been left untreated by the
unit
terminated before implementation of this Law and
for safe treatment of the facilities and
grounds for storage or treatment of
such waste shall be borne by the people’s
government
concerned; but if the land
use right enjoyed by such unit has been
transferred according to law,
the said
expanses shall be borne by the transferee of the
said right. If the parties have agreed
otherwise, their agreement shall
prevail; but they shall not thus be relieved of
their duty to
prevent and control
pollution.
Article 36 Mining
enterprises shall adopt scientific mining and
dressing techniques in order to
reduce
the quantity of mining solid waste to be generated
and stored, such as tailings, gangue
and ettle.
When ceasing to
use the facilities for the storage of such mining
solid waste as tailings, gangue
and
ettle, mining enterprises shall, in accordance
with the State regulations for environmental
protection, close the facilities in
order to prevent environmental pollution and
ecological
damage.
Article
37 Scrapped electrical appliances, automobiles and
vessels shall be dismantled, utilized
and disposed of in compliance with the
relevant laws and regulations, and measures shall
be
taken to prevent environmental
pollution.
Section 3
Prevention and Control of Environmental
Pollution by Household Waste
Article 38
People’s governments at or above the county level
shall make overall plans for
constructing facilities for collecting,
transporting and treating urban and rural
household waste,
increase its
utilization ratio and the proportion in which it
is made innocuous through treatment,
promote its industrialized collection
and treatment, and gradually establish a sound
social
service system for prevention
and control of environmental pollution by
household waste.
Article 39 The
administrative departments for environmental
protection of the local people’s
governments at or above the county
level shall take charge of cleaning up,
collecting,
transporting and treating
urban household waste. They may, by such means as
bid invitation,
select qualified units
to clean up, collect, transport and treat
household waste. Article 40 Urban
household waste shall, in accordance
with the regulations of the administrative
departments for