固体废物污染环境防治法英文版

实用标准文档

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.

文案大全

实用标准文档

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 departments 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

文案大全

实用标准文档

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 governments 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

文案大全

实用标准文档

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 economic 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

文案大全

实用标准文档

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

文案大全

实用标准文档

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

department 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

文案大全

实用标准文档

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

文案大全

实用标准文档

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.

文案大全

实用标准文档

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 departments 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.

文案大全

实用标准文档

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.

文案大全

实用标准文档

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 environmental sanitation,

be placed at designated points and shall not be dumped, littered or piled up

at will. Article 41 Urban household waste shall be cleaned up, collected,

transported and treated in compliance with the State regulations for

environmental protection and sanitation, in order to prevent environmental

pollution. Article 42 Urban household waste shall be cleaned up and

transported in a timely manner, it shall gradually be classified in different

categories for collection and transportation, and efforts shall be made to

have it rationally utilized and turned into something innocuous through

treatment. Article 43 Urban people

’

s governments shall, in a planned way,

improve the fuel mix, and develop coal gas, natural gas, liquefied gas and

other clean energy for use in cities. The relevant departments of an urban

people

’

s government shall arrange for the supply of clean vegetables in

cities, in order to reduce the quantity of urban household waste. The

relevant departments of an urban people

’

s government shall make overall

plans to rationally establish networks for purchasing household waste, in

order to promote the recycling of such waste.

文案大全