Measures for the Administration of Hazardous Waste Business License

2023-03-16 14:17:00 views:0

Measures for the Administration of Hazardous Waste Business License


(Promulgated by Order No. 408 of the State Council of the People's Republic of China on May 30, 2004, revised for the first time according to the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013, and revised for the second time according to the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016)


Chapter I General Provisions


Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste in order to strengthen the supervision and management of the collection, storage and disposal of hazardous waste and prevent and control environmental pollution by hazardous waste.


Article 2 Units engaged in the collection, storage and treatment of hazardous waste within the territory of the People's Republic of China shall obtain a hazardous waste business license in accordance with the provisions of these Measures.


Article 3 The business license for hazardous waste is divided into the comprehensive business license for the collection, storage and disposal of hazardous waste and the business license for the collection and operation of hazardous waste according to the business mode.


The unit that has obtained the comprehensive operation license for hazardous waste may engage in the collection, storage and disposal of various types of hazardous waste; The unit that has obtained the hazardous waste collection and operation license can only engage in the hazardous waste collection and operation activities of waste mineral oil generated in motor vehicle maintenance activities and waste cadmium nickel battery generated in the daily life of residents.


Article 4 The competent environmental protection departments of the people's governments at or above the county level shall, in accordance with the provisions of these Measures, be responsible for the examination, approval, issuance, supervision and administration of hazardous waste business licenses.


Chapter II Conditions for Applying for a Business License for Hazardous Wastes


Article 5 To apply for a comprehensive business license for the collection, storage and treatment of hazardous waste, the following conditions shall be met:


(1) There are more than 3 technicians with intermediate or higher professional titles in environmental engineering or related disciplines and more than 3 years of solid waste pollution control experience;


(2) Having means of transport that meet the safety requirements of the transportation department of dangerous goods under the State Council;


(3) Having packaging tools, transit and temporary storage facilities and equipment that meet national or local environmental protection standards and safety requirements, as well as storage facilities and equipment that have passed acceptance inspection;


(4) Having disposal facilities, equipment, and supporting pollution prevention and control facilities that comply with the national or provincial, autonomous region, or municipal construction plans for hazardous waste disposal facilities, and meet national or local environmental protection standards and safety requirements; Among them, medical waste centralized disposal facilities should also meet the national health standards and requirements for medical waste disposal;


(5) There are disposal technologies and processes suitable for the types of hazardous waste operated;


(6) There are rules and regulations, pollution prevention measures and accident emergency rescue measures to ensure the operation safety of hazardous waste;


(7) For disposal of hazardous waste by landfill, the land use right of the landfill site shall be obtained according to law.


Article 6 The following conditions shall be met when applying for a license for the collection and operation of hazardous waste:


(1) There are rainproof and impervious transportation tools;


(2) Having packaging tools, transit and temporary storage facilities and equipment that meet the national or local environmental protection standards and safety requirements;


(3) There are rules and regulations, pollution prevention measures and accident emergency rescue measures to ensure the operation safety of hazardous waste.


Chapter III Procedures for Applying for a Business License for Hazardous Wastes


Article 7 The State shall examine, approve and issue hazardous waste business licenses at different levels.


The hazardous waste business license of the medical waste centralized treatment unit shall be approved and issued by the competent environmental protection department of the municipal people's government with districts where the medical waste centralized treatment facilities are located.


The license for the collection and operation of hazardous waste shall be approved and issued by the competent environmental protection department of the people's government at the county level.


The business license for hazardous waste other than those specified in the second and third paragraphs of this article shall be approved and issued by the competent environmental protection department of the people's government of the province, autonomous region and municipality directly under the Central Government.


Article 8 An entity applying for a hazardous waste business license shall submit an application to the licensing authority before engaging in hazardous waste business activities, and attach the supporting materials for the conditions specified in Article 5 or Article 6 of these Measures.


Article 9 The issuing authority shall, within 20 working days from the date of accepting the application, examine the supporting materials submitted by the applicant and conduct on-site verification of the operating facilities of the applicant. If the conditions are met, the hazardous waste business license shall be issued and announced; If the conditions are not met, the applicant shall be notified in writing and the reasons shall be explained.


Before issuing the hazardous waste operation license, the license-issuing authority may, according to actual needs, seek the opinions of relevant competent departments and experts such as health and urban and rural planning.


Article 10 The business license for hazardous waste includes the following main contents:


(1) Legal person name, legal representative and domicile;


(2) Operation mode of hazardous waste;


(3) Category of hazardous waste;


(4) Annual business scale;


(5) Term of validity;


(6) Date of issue and certificate number.


The contents of the comprehensive operation license for hazardous waste shall also include the address of the storage and disposal facilities.


Article 11 Where a hazardous waste business entity changes its legal person name, legal representative and domicile, it shall apply to the original license-issuing authority for handling the change procedures of the hazardous waste business license within 15 working days from the date of registration of the change.


Article 12 Under any of the following circumstances, the hazardous waste business unit shall reapply for the hazardous waste business license according to the original application procedure:


(1) Changing the operation mode of hazardous waste;


(2) Adding the category of hazardous waste;


(3) Construction, reconstruction or expansion of existing hazardous waste management facilities;


(4) The operation of hazardous waste exceeds the original approved annual operation scale by more than 20%.


Article 13 The term of validity of the comprehensive operation license for hazardous waste is 5 years; The period of validity of the hazardous waste collection and operation license is 3 years.


When the period of validity of the hazardous waste business license expires and the hazardous waste business unit continues to engage in hazardous waste business activities, it shall apply to the original licensing authority for renewal 30 working days before the expiration of the period of validity of the hazardous waste business license. The original issuing authority shall review the application within 20 working days from the date of accepting the application for certificate renewal, and replace the certificate if it meets the requirements; If the conditions are not met, the applicant shall be notified in writing and the reasons shall be explained.


Article 14 Where a hazardous waste business unit terminates its business activities of collecting, storing and treating hazardous waste, it shall take measures to prevent and control pollution at the business facilities and sites, and properly dispose of the untreated hazardous waste.


The hazardous waste business unit shall apply for cancellation to the original license-issuing authority within 20 working days from the date of taking the measures specified in the preceding paragraph, and the original license-issuing authority shall cancel the hazardous waste business license after on-site verification.


Article 15 It is prohibited to engage in the collection, storage and treatment of hazardous waste without an operation license or in violation of the provisions of the operation license.


It is prohibited to import or transit electronic hazardous waste from outside the People's Republic of China.


It is prohibited to provide or entrust hazardous waste to units without business licenses for collection, storage and disposal.


It is forbidden to forge, alter or transfer the hazardous waste business license.


Chapter IV Supervision and Administration


Article 16 The competent environmental protection department of the local people's government at or above the county level shall, before March 31 of each year, report the issuance of the hazardous waste business license of the previous year to the competent environmental protection department of the people's government at the next higher level for the record.


The competent environmental protection department at the higher level shall strengthen the supervision and inspection of the approval and issuance of the hazardous waste business license by the competent environmental protection department at the lower level, and timely correct the illegal acts in the process of the approval and issuance of the hazardous waste business license by the competent environmental protection department at the lower level.


Article 17 The competent environmental protection department of the people's government at or above the county level shall strengthen the supervision and inspection of the hazardous waste business units by means of written verification and on-site inspection, and record the supervision and inspection results and treatment results, which shall be filed after being signed by the supervision and inspection personnel.


The public has the right to consult the supervision and inspection records of the competent environmental protection department of the people's government at or above the county level.


If the competent environmental protection department of the people's government at or above the county level finds that the hazardous waste business unit does not meet the conditions for the original license issuance in its business activities, it shall order it to rectify within a time limit.


Article 18 The competent environmental protection department of the people's government at or above the county level has the right to require the hazardous waste business units to regularly report on the hazardous waste business activities. A hazardous waste business unit shall establish a record book of hazardous waste business, which shall truthfully record the categories, sources, directions and accidents of hazardous waste collection, storage and disposal.


The hazardous waste business unit shall keep the hazardous waste business record book for more than 10 years, and the business record book for the disposal of hazardous waste by landfill shall be kept permanently. In case of termination of business activities, the record book of hazardous waste business shall be handed over to the competent environmental protection department of the local people's government at or above the county level for archival management.


Article 19 The competent environmental protection department of the people's government at or above the county level shall establish and improve the archival management system of the hazardous waste business license, and regularly publish to the public the examination and approval of the issuance of the hazardous waste business license.


Article 20 The unit that has obtained the license for the collection and operation of hazardous waste shall sign a receiving contract with the disposal unit, and provide or entrust the collected waste mineral oil and spent nickel-cadmium batteries to the disposal unit for disposal within 90 working days.


Article 21 The operation facilities of hazardous waste shall undergo harmless treatment before being abandoned or diverted for other purposes.


After the expiration of the service period of the operation facilities for landfill of hazardous waste, the operation unit of hazardous waste shall, in accordance with relevant regulations, take closure measures on the land where hazardous waste has been landfilled, and set up permanent marks in the designated closed area.


Chapter V Legal Liability


Article 22 In case of violation of the provisions of Article 11 of these Measures, the competent environmental protection department of the local people's government at or above the county level shall order correction within a time limit and give a warning; If it fails to make corrections within the time limit, the original license-issuing authority shall temporarily withhold the hazardous waste business license.


Article 23 Those who violate the provisions of Article 12 and Paragraph 2 of Article 13 of these Measures shall be ordered by the competent environmental protection department of the local people's government at or above the county level to stop the illegal act; The illegal gains, if any, shall be confiscated; If the illegal income exceeds 100000 yuan, a fine of not less than one time but not more than two times the illegal income shall be imposed; If there is no illegal income or the illegal income is less than 100000 yuan, a fine of not less than 50000 yuan but not more than 100000 yuan shall be imposed.


Article 24 Those who violate the provisions of Paragraph 1 of Article 14 and Article 21 of these Measures shall be ordered by the competent environmental protection department of the local people's government at or above the county level to make corrections within a time limit; If it fails to correct within the time limit, it shall be fined not less than 50000 yuan but not more than 100000 yuan; If a pollution accident is caused and constitutes a crime, criminal responsibility shall be investigated according to law.


Article 25 Those who violate the provisions of the first, second and third paragraphs of Article 15 of these Measures shall be punished in accordance with the provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste.


In case of violation of the provisions of the fourth paragraph of Article 15 of these Measures, the competent environmental protection department of the local people's government at or above the county level shall confiscate the hazardous waste business license or the original licensing authority shall revoke the hazardous waste business license and impose a fine of not less than 50000 yuan but not more than 100000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.


Article 26 In case of violation of the provisions of Article 18 of these Measures, the competent environmental protection department of the local people's government at or above the county level shall order correction within a time limit and give a warning; If it fails to make corrections within the time limit, the original licensing authority shall temporarily withhold or revoke the hazardous waste business license.


Article 27 In case of violation of the provisions of Article 20 of these Measures, the competent environmental protection department of the local people's government at or above the county level shall order correction within a time limit and give a warning; If it fails to make corrections within the time limit, it shall be fined not less than 10000 yuan but not more than 50000 yuan, and the original licensing authority may temporarily withhold or revoke the hazardous waste business license.


Article 28 A hazardous waste business unit is ordered to make rectification within a time limit. If it fails to make rectification within the time limit or fails to meet the conditions for the original license issuance after rectification, the original license issuing authority shall temporarily withhold or revoke the hazardous waste business license.


Article 29 A unit whose business license for hazardous waste has been revoked or seized according to law may not apply for a business license for hazardous waste within five years.


Article 30 Any staff member of the competent environmental protection department of the people's government at or above the county level who commits one of the following acts shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:


(1) Issuing a hazardous waste business license to a unit that does not meet the conditions specified in these Measures;


(2) Failing to investigate and deal with any unit or individual engaging in hazardous waste business activities without obtaining a hazardous waste business license according to law or failing to deal with it according to law after receiving a report;


(3) Failing to investigate and deal with the unit that has obtained the hazardous waste business license according to law, failing to perform its supervision and management duties or finding any violation of the provisions of these Measures;


(4) Other dereliction of duty in the management of hazardous waste business licenses.


Chapter VI Supplementary Provisions


Article 31 The meaning of the following terms in these Measures:


(1) Hazardous waste refers to hazardous waste listed in the national hazardous waste list or identified according to the identification standards and methods of hazardous waste stipulated by the State.


(2) Collection refers to the activities of hazardous waste business units to centralize scattered hazardous waste.


(3) Storage refers to the activities that the hazardous waste business unit places the hazardous waste in a place or facility that meets the environmental protection standards before the disposal of the hazardous waste, and places the scattered hazardous waste in its own temporary facilities or sites with a batch weight of more than 5000 kg or placing time of more than 90 working days in order to concentrate the scattered hazardous waste.


(4) Disposal refers to the activities of hazardous waste business units that burn, calcine, melt, sinter, decompose, neutralize, disinfect, distill, extract, precipitate, filter, disassemble and use other methods to change the physical, chemical and biological characteristics of hazardous waste to reduce the quantity of hazardous waste, reduce the volume of hazardous waste, and reduce or eliminate its hazardous components, Or putting hazardous waste in places or facilities that meet the requirements of environmental protection regulations and no longer taking it back.


Article 32 Before the implementation of these Measures, units that have obtained the hazardous waste business license in accordance with the provisions of local regulations, rules or other documents shall reapply for the hazardous waste business license in accordance with the provisions of these Measures 30 working days before the expiry of the original hazardous waste business license. Those who fail to do so within the time limit shall not continue to engage in hazardous waste business activities.


Article 33 These Measures shall come into force as of July 1, 2004.