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Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes

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Updated: 2006-08-07 15:00
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Order of the President of the People's Republic of China
 
No. 31


      The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes was amended and adopted at the 13th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2004, and the amended Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes is hereby promulgated and shall come into force as of April 1, 2005.


President of the People's Republic of China: Hu Jintao
 December 29, 2004


 
Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes

Chapter I General Provisions
 Article 1 This Law is formulated for the purpose of preventing and controlling environmental pollution by solid wastes, safeguarding human health, maintaining the ecological safety and promoting the sustainable development of economy and society.
 Article 2 This Law shall be applicable to the prevention and control of environmental pollution by solid wastes within the territory of the People's Republic of China.
 This Law shall not be applicable to the prevention and control of marine environmental pollution by solid wastes or of environmental pollution by radioactive solid wastes.
 Article 3 The State shall, in preventing and controlling environmental pollution by solid wastes, implement the principles of reducing the discharge amount and harmfulness of solid wastes, fully and rationally utilizing solid wastes and making them through non-hazard treatment so as to promote cleaner production and the development of recycling economy.
 The State shall adopt economic and technical policies and measures in favor of the comprehensive use of solid wastes, and carry out the fully recovery and rationally utilize to the solid wastes.
 The State shall encourage and support to adopt the beneficial measures in favor of the environmental protection by centralized treatment of solid wastes and promote the industrial development of prevention and control of environmental pollution by solid wastes.
 Article 4 The people's governments at or above the county level shall incorporate the prevention and control of environmental pollution by solid wastes into national economy and the social development plan and adopt economic and technical policies and measures to facilitate the prevention and control of environmental pollution by solid wastes.
 When relevant departments of the State Council, the people's governments at or above the county level and the relevant departments thereof formulate plans regarding urban-rural construction, land use, regional development and industrial development, they shall plan as a whole to take such factors into account to reduce the discharge amount and harmfulness of solid wastes and to promote comprehensive use and non-harm treatment of solid wastes.
 Article 5 For the prevention and control of environmental pollution by solid wastes, the State implements the principle that any entity or individual causing the pollution shall be responsible for it in accordance with law.
 The manufacturers, sellers, importers and users shall be responsible for the pollution prevention and control to solid wastes produced by them .
 Article 6 The State shall encourage and support scientific research on prevention and control of environmental pollution by solid wastes, technological development and the promotion of advanced prevention and control technologies as well as dissemination of scientific knowledge in the field of prevention and control of environmental pollution by solid wastes.
 The people's governments at all levels shall strength the publicity and education on the prevention and control of environmental pollution by solid wastes and advocate favorable production methods and living styles in favor of the environmental protection.
 Article 7 The State shall encourage the entities and individuals to purchase and use reproduced products and reusable products.
 Article 8 The people's governments at all levels shall give awards to the entities and individuals that have achieved outstanding successes in the prevention and control of environmental pollution by solid wastes and in relevant activities of comprehensive use.
 Article 9 All entities and individuals shall have the obligation to protect the environment and shall have the right to report or file charges against those entities or individuals that cause environmental pollution by solid wastes.
 Article 10 The administrative competent department of environmental protection of the State Council shall conduct unified supervision and management of the prevention and control of environmental pollution by solid wastes throughout the country. The relevant departments of the State Council shall be responsible for supervising and managing the prevention and control of environmental pollution by solid wastes within their respective functions.
 The administrative competent departments of environmental protection of the local people's governments at or above the county level shall conduct unified supervision and management to the prevention and control work on environmental pollution by solid wastes within their own administrative areas. The relevant departments of local people's governments at or above the county level shall be responsible for supervision and management of the prevention and control of environmental pollution by solid wastes within their respective functions.
 The administrative competent department of construction of the State Council and the administrative competent departments of environmental sanitation of the local people's governments at or above the county level shall be responsible for supervising and administering the cleaning, collection, storage, transportation and disposal of living wastes.
 
Chapter II Supervision and Administration of the Prevention and Control of Environmental Pollution by Solid Wastes
 Article 11 The administrative competent department of environmental protection of the State Council shall, pursuant to state environmental quality standards and state economic and technical conditions, formulate state technical standards on the prevention and control of environmental pollution by solid wastes in collaboration with the relevant administrative competent departments of the State Council.
 Article 12 The administrative competent department of environmental protection of the State Council shall establish a system for monitoring environmental pollution by solid wastes, formulate unified monitoring standards and, in conjunction with relevant departments, set up a monitoring network.
 The administrative competent departments of environmental protection of people's government in large and medium-sized cities shall regularly issue the types, discharging amount, disposal conditions and other information regarding the solid wastes.
 Article 13 The construction of projects which discharge solid wastes and the construction of projects for storage, use and treatment of solid wastes shall be carried out the appraisal regarding their effects on environment according to law and in compliance with the relevant state regulations concerning the management of environmental protection in respect of construction projects.
 Article 14 The necessary supporting facilities for the prevention and control of environmental pollution by solid wastes as specified in the appraisal document on the environmental effect of the construction project shall be designed, built 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 the prevention and control of environmental pollution by solid wastes are qualified upon examination to meet the standards by the administrative competent department of environmental protection that has originally examined and approved the appraisal document on the environmental effects . The facilities for the prevention and control of environmental pollution by solid wastes shall be checked and accepted at the same time with the main part of the project is checked and accepted.
 Article 15 The administrative competent department of environmental protection of the 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 wastes shall, in accordance with their respective functions, have the right to conduct on-site inspection of the entities related to the prevention and control of environmental pollution by solid wastes within their jurisdictions. The entities under inspection shall faithfully report the situation and provide necessary materials. The inspection organ shall keep confidential the know-how and business secrets of the entities that is inspected.
 When conducting on-site inspections, the inspection organ may adopt such measures as monitoring on the spot, collecting samples and consulting or printing materials relating to the prevention and control of environmental pollution by solid wastes. The inspector shall show their certificate when they conduct the on-site inspections.
 
Chapter III Prevention and Control of Environmental Pollution by Solid Wastes


Section I General Provisions


 Article 16 Entities and individuals that discharge solid wastes shall adopt measures to prevent or reduce the environmental pollution by solid wastes.
 Article 17 Entities and individuals that collect, store, transport, utilize or dispose of solid wastes shall take measures to prevent the scattering, run-off and leakage of solid wastes, as well as other measures against environmental pollution. Entities and individuals shall not pour out, pile up, discard and perfuse over ground the solid waste without permission.
 No entity or individual may dump solid wastes into or pile them up at rivers, lakes, ditches, reservoirs, bottomlands, banks or slopes under the highest waterline or other places where the waste isn't allowed to be dumped or piled up according to laws and regulations.
 Article 18 Any entity shall abide by state rules about the cleaner production for designing and manufacturing products and packages. The administrative competent department of standardization of the State Council shall, pursuant to state economic and technical conditions, prevention and control situation of environmental pollution by solid wastes and technical requirements of products, formulate relevant standards to prevent environmental pollution by over-package.
 The enterprises producing, selling or importing products and packages that have been listed in the catalogue subject to mandatory recycling shall reclaim the said products and packages according to state provisions.
 Article 19 The State encourages scientific research and production institutions to do research on and manufacture plastic-sheet covering and packages of commodities that are easy to be recycled and used, easy to be treated, or easy to be degraded in the environment.
 Entities and individuals that use agricultural films shall take measures like the recycling for utilization so as to prevent or reduce the environmental pollution by agricultural films.
 Article 20 The engagement in the scale breeding of livestock and birds shall, according to relevant rules of the State, collect, store, utilize and dispose dung of livestock and birds produced in the breeding so as to prevent environmental pollution.
 No straw or stalk may be burnt in the open air of population-centralized districts, surroundings of airports, neighboring districts of main communication arteries and districts as prescribed by the local people's governments.
 Article 21 Management and maintenance of facilities, equipments and places for collecting, storing, transporting and treating solid wastes shall be strengthened so as to ensure their normal operation and function.
 Article 22 No installation or site for centralized storage and treatment of industrial solid wastes or landfill of consumer wastes may be built in the nature reserves, scenic resorts, conservation areas of drinking water and basic farmlands and other areas requiring special protection that are prescribed by the State Council, relevant competent departments of the State Council and the provinces, autonomous regions and municipalities directly under the Central Government.
 Article 23 To transport any solid waste out of the administrative region of a province, autonomous region or municipality directly under the Central Government for storage or treatment, one shall apply to the administrative competent department of environmental protection of the people's government of the province, autonomous region or municipality directly under the Central Government where the solid waste is to be moved out for approval, which shall grant its approval after consulting with and obtaining permission from the administrative competent department of environmental protection of the province, autonomous region or municipality directly under the Central Government where the solid waste is to be accepted. No transfer may be carried out without approval.
 Article 24 It is forbidden to dump, pile up or treat any solid waste from abroad within the territory of China.
 Article 25 The State forbids the import of solid wastes that cannot be used as raw material and those that can't be utilized through non-harm treatment, and restricts the import of the solid wastes that can be used as raw materials and implements the classification management of automatic licensing import thereto.
 The administrative competent department of environmental protection of the State Council shall, in conjunction with the competent department of foreign trade and the economic comprehensive macro-control department of the State Council, the General Administration of Customs and the department of quality supervision, inspection and quarantine of the State Council, formulate, adjust and publish solid waste catalogues of import-forbidden, import-restricted and automatic licensing import.
 The import of solid wastes as listed in the catalogue of import-forbidden shall be forbidden. The import of solid wastes as listed in the catalogue of import-restricted shall be examined and approved by the administrative competent department of environmental protection of the State Council in collaboration with the competent department of foreign trade of the State Council. For any import of solid wastes as listed in the catalog of automatic licensing import, formalities on the automatic licensing import shall be gone through according to law.
 The imported solid wastes shall comply with state environmental protection standards and be inspected to be qualified by the quality supervision, inspection and quarantine department.
 The specific measures for the administration of the import of solid wastes shall be formulated by the administrative competent department of environmental protection of the State Council in collaboration with the competent department of foreign trade of the State Council, the economic comprehensive macro-control department of the State Council, the General Administration of Customs and the quality supervision, inspection and quarantine department of the State Council.
 Article 26 Any importer that holds objections to the incorporation of his imported wastes into the administrative scope of solid wastes by the customs may file an administrative reconsideration according to law or lodge an administrative suit to a people's court.


Section II Prevention and Control of Environmental Pollution by Industrial Solid Wastes


 Article 27 The administrative competent department of environmental protection of the State Council shall, jointly with the economic comprehensive macro-control department of the State Council and other relevant departments, define boundaries of the pollution by industrial solid wastes to the environmental, work out technical policies regarding the prevention and control thereof, and organize and promote advanced production techniques and equipments for the prevention and control of environmental pollution by industrial solid wastes.
 Article 28 The economic comprehensive macro-control department of the State Council shall, jointly with other relevant departments of the State Council, organize the research, development and promotion of the production techniques and equipments that will reduce the discharge amount and harmfulness of industrial solid wastes, and promulgate the list of backward production techniques and equipments that cause severe environmental pollution by industrial solid wastes and thus should be eliminated within the time limit.
 Producers, sellers, importers or users shall stop producing, selling, importing or using those equipments as included in the list stipulated in the preceding paragraph within the time limit which are specified by the economic comprehensive macro-control department of the State Council together with other relevant departments of the State Council. The users of such production techniques shall stop using such techniques as included in the list stipulated in the preceding paragraph within the time limit as specified by the economic comprehensive macro-control department of the State Council jointly with other relevant departments of the State Council.
 Eliminated equipments included in the catalogue of equipments to be eliminated within a time limit shall not be transferred to any other for use.
 Article 29 The relevant departments of the people's governments at or above the county level shall formulate a work plan for the prevention and control of environmental pollution by industrial solid wastes, popularize the advanced production techniques and equipments which can reduce the discharge amount and harmfulness of industrial solid wastes and promote the work on prevention and control of environmental pollution by industrial solid wastes.
 Article 30 Entities discharging industrial solid wastes shall 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 wastes.
 Article 31 Enterprises and public institutions shall rationally select and utilize the raw materials, energies and other resources, and adopt advanced production techniques and equipments, so as to reduce the discharge amount and depress the harmfulness of industrial solid wastes.
 Article 32 The State institutes a system of declaration and registration for industrial solid wastes.
 The entities discharging industrial solid wastes shall, in accordance with the regulations enacted by the administrative competent department of environmental protection of the State Council, provide information about the categories, discharging amount, flow direction, storage, treatment and other materials concerning industrial solid wastes to the administrative competent department of environmental protection of the local people's government at or above the county level where such entities are located.
 Any significant modification of the declaration matters as prescribed in the preceding paragraph shall be declared in a timely manner.
 Article 33 Enterprises and public institutions shall make use of industrial solid wastes produced thereby pursuant to economic and technical conditions; for those industrial solid wastes that will not or can't be utilized temporarily, enterprises and public institutions shall, in accordance with the regulations of the administrative competent department of environmental protection of the State Council, build facilities and sites for their safe and classified storage or carry out the non-harm treatment for them.
 The construction of facilities and sites for storing and treating industrial solid wastes shall comply with state standards on environmental protection.
 Article 34 It is forbidden to close down, leave idle or dismantle, without approval, facilities or places for the prevention and control of environmental pollution by industrial solid wastes. Where it is necessary to do so, prior verification and approval shall be obtained from the administrative competent department of environmental protection of the local people's government at or above the county level, and measures shall be taken to prevent environmental pollution.
 Article 35 Where it is necessary for the entities discharging industrial solid wastes to be terminated, measures for preventing and controlling pollution shall be taken in advance to the facilities and sites for storing and treating industrial solid wastes, and the untreated industrial solid wastes shall be disposed properly to prevent environmental pollution.
 If an entity discharging industrial solid wastes has been altered, the altered entity shall, pursuant to state provisions about the environmental protection, carry out the safety treatment or take measures for untreated industrial solid wastes and the storage and treatment facilities and sites thereof so as to ensure the safe function of such facilities and sites. Where the parties concerned have, prior to the alteration, otherwise stipulated the assumption of responsibilities for preventing and controlling pollution by industrial solid wastes and the facilities and sites for storage and treatment, such stipulations shall prevail. However, the responsibilities of the parties concerned to prevent and control pollution shall not be exempted.
 The expenses, incurred from the safety treatment of untreated industrial solid wastes and the storage and treatment facilities and sites of the entities that have been terminated prior to the implementation of the present Law, shall be borne by the relevant people's governments, however if the land use right of the said entity has been transferred according to law, the transferee thereof shall undertake the expenses for the treatment. Where the parties concerned have other stipulations, such stipulations shall prevail. However, the responsibilities of the parties concerned to prevent and control pollution shall not be exempted.
 Article 36 A mining enterprise shall adopt scientific mining methods and techniques for mineral separation so as to reduce the production and storage of gangues, waste rocks, mullocks and other mining solid wastes.
 After the facilities for storing gangues, waste rocks, mullocks and other mining solid wastes aren't used any more, a mining enterprise shall, according to state provisions on environmental protection, close the fields to prevent environmental pollution and ecological destroy.
 Article 37 When dismantling, utilizing or disposing abandoned electronic appliances and motor vehicles and vessels, measures shall be taken to prevent environmental pollution according to relevant laws and regulations.


Section III Prevention and Control of Environmental Pollution by living Wastes

 Article 38 The people's governments at or above the county level shall plan, as a whole, to build facilities for collecting, transporting and treating urban-rural living wastes, improve the ratio of utilization and non-harm treatment of living wastes, promote industrial development of collecting and treating living wastes, and progressively establish and perfect social service system for preventing and controlling environmental pollution by living wastes.
 Article 39 The administrative competent departments of environmental protection of the people's governments at or above the county level shall organize to clear, collect, transport and treat urban living wastes and may, by the way of bidding, choose qualified entities to engage in the clearing, collection, transport and treatment of urban living wastes.
 Article 40 Urban living wastes shall be placed at designated sites according to provisions as prescribed by the competent administrative departments of environmental and sanitation, and shall not be dumped, cast or piled up at discretion.
 Article 41 The clearing, collection, transportation and treatment of urban consumer wastes shall be conducted according to state provisions about the environmental protection and environmental sanitation to prevent environmental protection.
 Article 42 Urban living wastes shall be timely cleared and transported, progressively be collected and transported by different types, and be reasonably utilized and be effected with non-harm treatment.
 Article 43 Urban people's governments shall, in a planned way, improve the composition of fuel, and develop coal gas, natural gas, liquefied gas and other clean energy sources for use in urban areas.
 Relevant departments of an urban people's government shall arrange for the supply of clean vegetables to cities and towns so as to reduce urban living wastes.
 Relevant departments of an urban people's government shall make an overall plan, rationally arrange for collecting and purchasing networks, so as to promote the recycling of living wastes.
 Article 44 The construction of facilities and sites for disposing living wastes shall comply with the standards on environmental protection and environmental sanitation as prescribed by the administrative competent department of environmental protection of the State Council and the administrative department of construction of the State Council.
 It is forbidden to close down, leave idle or dismantle facilities and sites for disposing consumer wastes without approval. If it is really necessary to close, leave idle or dismantle such facilities and sites, it shall be subject to the verification and approval of the administrative competent department of environmental and sanitation and the administrative competent department of environmental protection of the local people's government at or above the county level, and measures shall be taken to prevent environmental pollution.
 Article 45 The recycled substances from the living wastes shall be utilized pursuant to the uses and standards as set by the State, and shall not be used to produce products that may do harm to human health.
 Article 46 Entities undertaking constructions shall promptly clear and transport the solid wastes produced in the course of construction, and utilize or dispose them pursuant to the provisions of the administrative competent departments of environmental and sanitation.
 Article 47 An entity engaged in public transportation shall, pursuant to state regulations, clear up and collect the living wastes produced in the course of transportation.
 Article 48 Entities engaged in the development of new urban areas, the reconstruction of old areas and construction of residential quarters, and operational and management entities located at airports, docks, stations, parks, stores and other public facilities and sites shall build supporting equipments for collecting living wastes according to state regulations on environmental sanitation.
 Article 49 The specific measures for the prevention and control of rural living wastes shall be prescribed by local regulations.
 
Chapter IV Special Provisions on the Prevention and Control of Environmental Pollution by Hazardous Wastes
 Article 50 The provisions of this Chapter shall be applicable to the prevention and control of environmental pollution by hazardous wastes. Where it is not covered by this Chapter, other relevant provisions of this Law shall be applicable.
 Article 51 The administrative competent department of environmental protection of the State Council shall, jointly with other relevant departments of the State Council, formulate a national catalog of hazardous wastes, lay down unified criteria and methods for identifying hazardous wastes and recognizing symbol.
 Article 52 A recognizing symbol of hazardous wastes shall be put on the containers and packages of hazardous wastes as well as on the facilities and sites for collection, storage, transportation and treatment of hazardous wastes.
 Article 53 An entity discharging hazardous wastes shall, pursuant to state provisions, work out a plan for managing hazardous wastes, and declare the types, production quantity, flow direction, storage, treatment and other relevant materials to the administrative competent departments of environmental protection of the local people's governments at or above the county level.
 The plan for managing hazardous wastes as mentioned in the preceding paragraph shall contain measures for reducing the discharge amount and harmfulness of hazardous wastes and measures for storing, utilizing and treating hazardous wastes. The said plan shall report to the local administrative competent department of environmental protection of the local people's government at or above the county level for archival filing where the entity is located.
 Any significant modification of declaration matters as prescribed by this Article or the plan for managing hazardous wastes shall be declared in a timely manner.
 Article 54 The administrative competent department of environmental protection of the State Council shall, jointly with the economic comprehensive macro-control department of the State Council, formulate the plan for constructing facilities and sites for centralized treatment of hazardous wastes, which shall be implemented after being reported to the State Council for approval.
 The people's governments at or above the county level shall organize to build facilities and sites for centralized treatment of hazardous wastes on the strength of the plans thereon.
 Article 55 An entity that discharges hazardous wastes shall dispose hazardous wastes according to relevant provisions of the State, and shall not dump or pile up them without approval; those that don't treat hazardous wastes shall be ordered to correct within the time limit by the e administrative competent departments of environmental protection of the people's governments at or above the county level; if an entity fails to treat within the time limit or in accordance with relevant provisions of the State, another entity shall be commissioned to carry out the treatment by the administrative competent departments of environmental protection of the people's governments at or above the county level, and the expenses incurred therefrom shall be undertaken by the entity that discharges hazardous wastes.
 Article 56 Where the treatment of hazardous wastes by the way of landfill doesn't comply with the provisions as set by the administrative competent department of environmental protection of the State Council, it shall pay discharging fees for hazardous wastes. The specific measures for levying discharging fees of hazardous wastes shall be formulated by the State Council.
 The discharging fees for hazardous wastes shall be used for the prevention and control of environmental pollution and shall not be appropriated.
 Article 57 Entities engaged in the collection, storage and treatment of hazardous wastes shall apply to the administrative competent department of environmental protection of the people's government at or above the county level for business licenses. Entities engaged in businesses of utilizing hazardous wastes shall apply to the administrative competent department of environmental protection of the State Council or the administrative competent department of environmental protection of the people's government of a province, autonomous region and municipality directly under the Central Government for business licenses. Specific measures for the administration thereof shall be prescribed by the State Council.
 It is forbidden to collect, store, utilize or treat hazardous wastes without a business license or against the provisions of the business license.
 It is forbidden to supply hazardous wastes to or entrust entities that do not have business licenses for the collection, storage, utilization and treatment business activities.
 Article 58 Hazardous wastes shall be collected and stored separately according to their different characteristics. It is forbidden to collect, store, transport and treat hazardous wastes mixed together with incompatible natures and not being undergone safety treatment.
 The protective measures complying with state standards about the environmental protection shall be adopted for the storage of hazardous wastes, and which shall not be kept for more than one year; where it is necessary to extent the said time limit, it shall submit and get the secure permission from the original administrative competent department of environmental protection that approved business license, unless it is otherwise prescribed by laws and administrative regulations.
 It is forbidden to mix hazardous wastes with non-hazardous wastes in storage.
 Article 59 Whoever transfers hazardous wastes shall, according to relevant state regulations, fill in duplicate forms for transferring hazardous wastes and apply to the administrative competent departments of environmental protection of the local people's governments at or above the level of city divided into districts where the hazardous waste is to be moved out, which can approve the transfer of the said hazardous wastes after consulting and obtaining permission from the administrative competent departments of environmental protection of the local people's governments at or above the level of city divided into districts where the hazardous waste is to be moved in. No transfer may be conducted until it is approved.
 Where it is necessary to transfer hazardous wastes by way of administrative areas other than the areas where the hazardous waste is to be moved out or in, the administrative competent departments of environmental protection of the local people's governments at or above the level of city divided into districts where the hazardous waste is to be moved out shall timely notify the administrative competent departments of environmental protection of the local people's governments at or above the level of city divided into districts where the hazardous waste is to pass through.
 Article 60 Whoever transports hazardous wastes shall adopt measures for the prevention and control of environmental pollution and observe state regulations on the control of transportation of hazardous goods.
 It is forbidden to carry hazardous wastes and passengers in the same transport vehicle.
 Article 61 When sites, facilities, equipments as well as containers, packages and other articles for the collection, storage, transportation and treatment of hazardous wastes are to be used for other purposes, they shall be put to use only after they have been treated to eliminate pollution.
 Article 62 The entities discharging, collecting, storing, transporting, using or treating hazardous wastes shall work out measures for keeping away and emergency response preliminary plans against accidents, and report them to the administrative competent department of environmental protection of the local people's government at or above the county level for archival filing; and the administrative competent department of environmental protection shall carry out the inspection on it.
 Article 63 The entities that have caused severe environmental pollution by hazardous wastes due to accidents or other unexpected events shall immediately take measures to eliminate or reduce the danger and damage of environmental pollution, promptly inform the entities and residents that may be harmed by the pollution, and in the meantime, report to the administrative competent department of environmental protection of the local people's government at or above the county level and other relevant departments, and shall be subject to the investigation and settlement.
 Article 64 When severe environmental pollution by hazardous wastes has happened or may happen as proved by evidences, thus threatening the safety of the lives and properties of residents, the administrative competent department of environmental protection of the local people's government at or above the county level or other supervisory and administrative departments of the prevention and control of environmental pollution by solid wastes shall immediately report to relevant administrative departments of the people's governments at the corresponding level and the next higher level. The people's government shall take effective measures to eliminate or reduce the danger and damage. Relevant people's governments, where necessary, may order to stop operations that cause or may cause accidents of environmental pollution.
 Article 65 Ex-service expenses used for the facilities and sites for the centralized treatment of important hazardous wastes shall be drawn in advance and incorporated into the investment budgetary estimate or operational costs. Specific measures for the drawing and administration thereof shall be enacted by the financial department, the competent department of price of the State Council in collaboration with the administrative competent department of environmental protection of the State Council.
 Article 66 It is forbidden to transfer overseas hazardous wastes via the territory of the People's Republic of China.
 
Chapter V Legal Liabilities
 Article 67 If an administrative competent department of environmental protection of the local people's government at or above the county level or any other supervisory and administrative department of the prevention and control of environmental pollution by solid wastes violates the present Law and has any of the following acts, it shall be ordered to correct by the relevant administrative competent department of the people's governments at the corresponding level or the next higher level, the principle and other persons hold to be responsible shall be given administrative sanctions, if the crimes are constituted, the offenders shall be subject to criminal liabilities according to law:
 (1) failure to make administrative license or handle approval documents according to law;
 (2) failure to investigate any found illegal act or any report of illegal act; or
 (3) any other failure in performing supervisory and administrative liabilities in accordance with the law.
 Article 68 If anyone, in violation of the provisions of this Law, commits any of the following acts, the administrative competent department of environmental protection of the people's government at or above the county level shall order him to make corrections within the time limit and impose a fine on him:
 (1) failing to declare and register industrial solid wastes pursuant to state regulations, or resorting to deception in declaring and registering;
 (2) failing to build facilities and sites for separately storing industrial solid wastes that aren't or can't be utilized temporarily by different types or failing to adopt measures of harmless treatment;
 (3) transferring eliminated equipments included in the list of equipments to be eliminated within the time limit to another for use;
 (4) closing, leaving idle or dismantling facilities or sites for the prevention and control of environmental pollution by solid wastes without approval;
 (5) constructing facilities or sites for centralized storage or treatment of industrial solid wastes or landfills for consumer wastes in nature reserves, scenic spots or historical sites, areas of source of drinking water or other zones that need special protection;
 (6) transferring solid wastes out of the administrative area of a province, autonomous region or municipality directly under the Central Government for storage and treatment without approval;
 (7) failing to take corresponding precaution measures and resulting in scattering, run-off, leakage or other environmental pollution by industrial solid wastes; or
 (8) casting away or leaving behind industrial solid wastes in the course of transportation.
 Any entity that commits the act as specified in item (1) or (8) of the preceding paragraph shall be imposed upon a fine of 5,000 up to 50,000 yuan; any entity that commits any of the acts as specified in item (2), (3), (4), (5), (6) or (7) of the preceding paragraph shall be imposed with a fine of 10,000 up to 100,000 yuan.
 Article 69 Where the construction of supporting facilities is necessary for the facilities for preventing and controlling environmental pollution by solid wastes, any entity violates this Law and puts the main part of a project into production or use when such facilities haven't been built, checked or accepted, or checked or accepted up to standards, such entity shall be ordered to stop manufacturing or using and may be imposed with a fine of less than 100,000 in addition by the administrative competent department of environmental protection that has approved the evaluation documents regarding the said project's compacts on environment.
 Article 70 Any entity that violates this Law and refuses the on-the-spot inspection carried out by the administrative competent department of environmental protection of the local people's government at or above the county level or any other supervisory and administrative department shall be ordered to correct within the time limit by the department that carried out the on-the-spot inspection; if it refuses to correct or resorts to deception at the time of inspection, it shall be imposed with a fine of 2,000 to 20,000.
 Article 71 Any entity that engages in the scale breeding of livestock and birds fails to collect, store or dispose dung of livestock and birds and thus causes environmental pollution, it shall be ordered to correct within the time limit by the administrative competent department of environmental protection of the local people's government at or above the county level and be imposed with a fine of less than 50,000.
 Article 72 If anyone, in violation of the provisions of this Law, produces, sells, imports or uses eliminated equipments or employs eliminated production techniques, the economic comprehensive macro-control department of the people's government at or above the county level shall order him to make corrections; where the circumstance is serious, the economic comprehensive macro-control department of the people's government at or above the county level shall put forward suggestions and submit them to the people's government at the corresponding level, which shall, in accordance with the limits of authority as prescribed by the State Council, order him to suspend business or close down.
 Article 73 After the facilities for storing gangues, waste rocks, mullocks and other mining solid wastes aren't used any more, a mining enterprise that fails to close the fields according to state provisions on environmental protection, it shall be ordered to correct within the time limit by the administrative competent department of environmental protection of the local people's government at or above the county level and may be imposed with a fine of 50,000 up to 200,000.
 Article 74 Any entity that violates the provisions of this Law on the prevention and control of environmental pollution by urban living wastes and commits any of the following acts shall be ordered to stop its illegal act and be ordered to correct within the time limit and be fined by the administrative competent department of environmental protection of the local people's government at or above the county level:
 (1) dumping, scattering or piling up living wastes at random;
 (2) closing down, leaving idle or dismantling facilities or sites for treating living wastes without approval;
 (3) the entity undertaking the construction fails to timely clear or transport solid wastes produced in the course of construction and therefore causes environmental pollution;
 (4) the entity undertaking the construction fails to utilize or dispose solid wastes produced in the course of construction in accordance with the provisions as prescribed by the administrative competent department of environmental sanitation; or
 (5) casting off or leaving behind living wastes in the course of transportation.
 Any entity that commits the act specified in item (1) (3) or (5) of the preceding paragraph shall be imposed with a fine of 5,000 up to 50,000 yuan; any entity who commits the act specified in item (2) or (4) of the preceding paragraph shall be imposed with a fine of 10,000 up to100,000 yuan. Any individual that commits the act specified in item (1) or (5) shall be imposed with a fine of less than 200 yuan.
 Article 75 If any entity, in violation of the provisions of this Law on the prevention and control of environmental pollution by hazardous wastes, commits any of the following acts, it shall be ordered by the administrative competent department of environmental protection of the people's government at or above the county level to stop the illegal act, to correct it within the time limit and also be fined:
 (1) failing to install identifying symbol of hazardous wastes;
 (2) failing to declare or register hazardous wastes in accordance with state provisions or practicing fraud at the time of declaration and registration;
 (3) closing down, leaving idle or dismantling facilities or sites for centralized treatment of hazardous wastes without approval;
 (4) failing to pay discharging fees for hazardous wastes in accordance with state regulations;
 (5) supplying or entrusting hazardous wastes to an entity that does not have a business license for his businesses;
 (6) failing to fill in duplicate forms for transferring hazardous wastes according to relevant state regulations, or failing to report to the competent department when transferring hazardous wastes;
 (7) mixing hazardous wastes with non-hazardous wastes for storage;
 (8) collecting, storing, transporting and treating mixed hazardous wastes of incompatible nature without safety treatment;
 (9) carrying hazardous wastes and passengers in a same transport vehicle;
 (10) using, without the treatment to eliminate pollution, sites, facilities, equipments or containers, packages or other articles for collecting, storing, transporting or disposing hazardous wastes for other purposes;
 (11) failing to adopt corresponding precaution measures and causing the scattering, loss, leakage or other environmental pollution by hazardous wastes;
 (12) in the course of transportation, casting off or leaving behind hazardous wastes on the way; or
 (13) failing to work out measures for keeping away and prepared counter plans against accidents of hazardous wastes.
 Any entity that commits the act specified in item (1), (2), (7), (8), (9), (10), (11), (12) or (13) of the preceding paragraph shall be imposed with a fine of10,000 up to 100,000 yuan; any entity who commits the act specified in item (3), (5) or (6) of the preceding paragraph shall be imposed with a fine of 20,000 up to200,000 yuan; any entity who commits the act specified in item (4) of the preceding paragraph shall be ordered to pay within the time limit, if it fails to do so, it shall be imposed with a fine of one up to three times of the discharging fees for hazardous wastes.
 Article 76 Any entity that violates this Law and fails to treat hazardous wastes discharged thereby or fails to bear the waste treatment fees that should be borne according to law shall be ordered to correct within the time limit by the administrative competent department of environmental protection of the people's government at or above the county level, and also be imposed with a fine of one up to three times of such treatment fees.
 Article 77 Any entity that is engaged in collecting, storing, utilizing and treating hazardous wastes without a business license or against the provisions of the business license shall be ordered by the administrative competent department of environmental protection of the local people's government at or above the county level to stop the illegal act. Its illegal gains shall be confiscated, and it may also be imposed upon a fine of less than three times of the illegal gains.
 If any entity engages, against the provision of business license, in activities specified in the preceding paragraph, its business license may also be revoked by the license-issuing department
 Article 78 Whoever, in violation of this Law, dumps, piles up, or treats solid wastes from abroad within the territory of China, or imports any import-forbidden or import-restricted solid wastes as raw material without permission, it shall be ordered by the customs to transport such solid waste back to where it is dispatched and may also be imposed upon a fine of not less than 100,000 yuan but not more than 1,000,000 yuan. If it constitutes crimes, it shall be subject to criminal liabilities according to law. If the importer is unclear, the carrier shall be responsible for transporting such solid waste back or undertake the fees incurred from treating such solid waste.
 Whoever tries to avoid the supervision and control of the Customs shall, if his act constitutes a crime, be subject to criminal liabilities according to law.
 Article 79 Whoever, in violation of this Law, transfers hazardous wastes via the territory of the People's Republic of China shall be ordered by the Customs to transport the hazardous wastes back to the original place and may also be imposed upon a fine of not less than 50,000 yuan but not more than 500,000 yuan.
 Article 80 With regard to illegally imported solid wastes, the administrative competent department of environmental protection of the people's government at or above the provincial level shall put forward suggestions to the Customs regarding its disposition in accordance with the law, the Customs shall make a decision on punishment in accordance with the provisions of Article 78 of this Law. If such importation has caused environmental pollution, the administrative competent department of environmental protection of the people's government at or above the provincial level shall order the importer to eliminate the pollution.
 Article 81 Any entity that violates this Law and causes serious environmental pollution by solid wastes shall be treated within the time limit by the administrative competent department of environmental protection of the people's government at or above the county level on the strength of their functions specified by the State Council; if it fails to accomplish the treatment task within the time limit, its business shall be suspended or the entity shall be closed down by the people's government of the same level.
 Article 82 Whoever, in violation of this Law, has caused an accident of environmental pollution by solid wastes shall be fined 20,000 up to 200,000 yuan by the administrative competent department of environmental protection of the people's government at or above the county level; in the case of severe damages, the fine shall be 30% of the direct loss, but not exceeding 1,000,000 yuan, and the principle and other persons hold to directly responsible shall be subject to administrative sanctions according to law; if a major accident of environment pollution by solid wastes is caused, its business shall be suspended or the entity shall be closed down by the people's government at or above the county level upon the strength of the functions as prescribed by the State Council.
 Article 83 Any entity that collects, stores, utilizes and treats hazardous wastes against the provisions of this Law and has caused a serious environmental pollution accident and therefore constitutes a crime shall be subject to criminal liabilities according to law.
 Article 84 Entities and individuals that have suffered damages caused by solid waste pollution shall have the right to claim compensation according to law.
 A dispute over the liabilities for damages or compensations may, at the request of the parties concerned, be mediated and settled by the administrative competent department of environmental protection or other supervisory and administrative department of the prevention and control of environmental pollution by solid wastes; if the mediation fails, the parties concerned may bring a suit to a people's court. The parties concerned may also directly bring a suit to a people's court.
 The State shall encourage a legal service agency to offer legal aids to the victims of suits of environmental pollution by solid wastes.
 Article 85 It is necessary to get rid of dangers, compensate losses according to law and take measures to restitute to the previous environmental condition if any environmental pollution by solid wastes is caused.
 Article 86 For a damage suit arising from the environmental pollution by solid wastes, the inflicter shall assume the burden of proof for the statutory causes for exemption and the nonexistence of causation between its act and harmful consequences.
 Article 87 For any dispute over damages and compensations due to the environmental pollution by solid wastes, any party concerned may entrust an environmental monitoring institution to offer monitoring data. The environmental monitoring institution shall accept the trust and faithfully provide monitoring data.
 
Chapter VI Supplementary Provisions
 Article 88 For the purposes of this Law, the following terms mean:
 (1) "Solid waste" means articles and substances in solid, semi-solid state or gaseity in containers that are produced in the production, living and other activities and have lost their original use values or are discarded or abandoned though haven't yet lost use values, and articles and substances that are included into the management of solid wastes upon the strength of administrative regulations.
 (2) "Industrial solid waste" means solid waste discharged in industrial production activities.
 (3) " Living waste" refers to solid waste discharged from everyday life or from services provided to everyday life as well as the solid waste that is regarded as living waste under laws and administrative regulations.
 (4) "Hazardous waste" refers to solid waste that is included in the national list of hazardous waste or identified to be dangerous according to the identification criteria and methods of hazardous waste as prescribed by the State.
 (5) "Storage" refers to an activity that temporarily places solid waste into specific facilities or sites.
 (6) "Treatment" refers to activities conducted to reduce the quantity or volume of the discharged solid wastes, reduce or eliminate their dangerous composition through incineration or other methods that can change the physical, chemical or biological characteristics of the solid waste, or activities conducted ultimately to put solid wastes in landfills that meet the requirements of environmental protection, from which the solid waste shall never be taken back again.
 (7) "Utilization" refers to an activity that distills substances as raw materials or fuels from solid waste.
 Article 89 This Law shall apply to the prevention and control of pollution by liquid wastes. However, the prevention and control of pollution by waste water discharged into a water body shall be governed by relevant laws other than this Law.
 Article 90 If an international treaty regarding the prevention and control of environmental pollution by solid wastes concluded or acceded to by the People's Republic of China contains provisions differing from those contained in this Law, the provisions of the international treaty shall prevail, with the exception of the provisions that the People's Republic of China has announced reservation.
 Article 91 This Law shall be implemented as of April 1, 2005. 


    Promulgated by Standing Committee of the National People's Congress of the People's Republic of China on 2004-12-29

 

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