Law of the People's Republic of China on the Prevention and Control of Solid Waste Pollution

2023-03-16 15:28:00 views:0

On April 29, the 17th meeting of the Standing Committee of the 13th National People's Congress deliberated and adopted the revised Law on the Prevention and Control of Environmental Pollution by Solid Waste, which will come into force on September 1, 2020. The full text is as follows.


Law of the People's Republic of China on the Prevention and Control of Solid Waste Pollution


(Adopted at the 16th meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995, and revised for the first time at the 13th meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2004, in accordance with the Decision on Amending the Law of the People's Republic of China on the Protection of Cultural Relics and Other 12 Laws adopted at the 3rd meeting of the Standing Committee of the Twelfth National People's Congress on June 29, 2013) The first amendment is based on the Decision on Amending the Seven Laws including the Port Law of the People's Republic of China at the 14th meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015. The second amendment is based on the Decision on Amending the Twelve Laws including the Foreign Trade Law of the People's Republic of China at the 24th meeting of the Standing Committee of the Twelfth National People's Congress on November 7, 2016 Third amendment (the second amendment at the 17th meeting of the Standing Committee of the 13th National People's Congress on April 29, 2020)


catalogue


Chapter I General Provisions


Chapter II Supervision and Administration


Chapter III Industrial Solid Waste


Chapter IV Domestic Garbage


Chapter V Construction waste, agricultural solid waste, etc


Chapter VI Hazardous Wastes


Chapter VII Safeguard Measures


Chapter VIII Legal Liability


Chapter IX Supplementary Provisions


Chapter I General Provisions


Article 1 This Law is formulated for the purpose of protecting and improving the ecological environment, preventing and controlling environmental pollution by solid waste, protecting public health, maintaining ecological safety, promoting the construction of ecological civilization, and promoting the sustainable development of economy and society.


Article 2 This Law shall apply to the prevention and control of environmental pollution by solid waste.


This Law is not applicable to the prevention and control of marine environmental pollution by solid waste and the prevention and control of environmental pollution by radioactive solid waste.


Article 3 The State promotes the green development mode and promotes the development of cleaner production and circular economy.


The state advocates a simple, moderate, green and low-carbon lifestyle, and guides the public to actively participate in the prevention and control of environmental pollution caused by solid waste.


Article 4 The prevention and control of environmental pollution by solid waste shall adhere to the principles of reduction, recycling and harmlessness.


All units and individuals should take measures to reduce the amount of solid waste produced, promote the comprehensive utilization of solid waste and reduce the harmfulness of solid waste.


Article 5 The prevention and control of environmental pollution by solid waste shall adhere to the principle of taking responsibility for pollution.


Units and individuals that produce, collect, store, transport, utilize and treat solid waste shall take measures to prevent or reduce the environmental pollution caused by solid waste, and shall be responsible for the environmental pollution caused by solid waste according to law.


Article 6 The State implements a system of household waste classification.


Domestic waste classification should adhere to the principles of government promotion, participation of the whole people, urban and rural coordination, adaptation to local conditions, and simplicity.


Article 7 Local people's governments at all levels shall be responsible for the prevention and control of environmental pollution by solid waste in their respective administrative areas.


The State implements the target responsibility system and the assessment and evaluation system for the prevention and control of environmental pollution by solid waste, and incorporates the completion of the goal of prevention and control of environmental pollution by solid waste into the assessment and evaluation.


Article 8 The people's governments at all levels shall strengthen their leadership over the prevention and control of environmental pollution by solid waste, organize, coordinate and urge the relevant departments to perform their duties of supervision and management of the prevention and control of environmental pollution by solid waste according to law.


Provinces, autonomous regions, and municipalities directly under the Central Government may negotiate to establish a joint prevention and control mechanism for environmental pollution by solid waste across administrative regions, and coordinate the formulation of plans, facility construction, and solid waste transfer.


Article 9 The competent department of ecological environment under the State Council shall exercise unified supervision and administration over the prevention and control of environmental pollution by solid waste throughout the country. The competent departments of the State Council in charge of development and reform, industry and information technology, natural resources, housing and urban and rural construction, transportation, agriculture and rural areas, commerce, health and health, and customs are responsible for the supervision and management of the prevention and control of environmental pollution by solid waste within the scope of their respective duties.


The competent ecological and environmental departments of the local people's governments shall exercise unified supervision and management over the prevention and control of environmental pollution by solid waste in their respective administrative areas. The competent departments of local people's governments in charge of development and reform, industry and information technology, natural resources, housing and urban and rural construction, transportation, agriculture and rural areas, commerce, and health are responsible for the supervision and management of the prevention and control of environmental pollution by solid waste within the scope of their respective responsibilities.


Article 10 The State encourages and supports scientific research, technological development, advanced technology popularization and scientific popularization of the prevention and control of environmental pollution by solid waste, and strengthens scientific and technological support for the prevention and control of environmental pollution by solid waste.


Article 11 State organs, social organizations, enterprises and institutions, grass-roots mass autonomous organizations and the media should strengthen publicity and education and scientific popularization of the prevention and control of environmental pollution by solid waste, and enhance the public's awareness of the prevention and control of environmental pollution by solid waste.


Schools should carry out popularization and education on the classification of domestic waste and the prevention and control of environmental pollution by other solid waste.


Article 12 People's governments at all levels shall commend and reward units and individuals that have made outstanding achievements in the prevention and control of environmental pollution by solid waste and related comprehensive utilization activities in accordance with the relevant provisions of the State.


Chapter II Supervision and Administration


Article 13 People's governments at or above the county level shall incorporate the prevention and control of environmental pollution by solid waste into national economic and social development plans and ecological environmental protection plans, and take effective measures to reduce the amount of solid waste generated, promote the comprehensive utilization of solid waste, reduce the harmfulness of solid waste, and minimize the amount of solid waste landfills.


Article 14 The competent department of ecological environment under the State Council shall, together with the relevant departments under the State Council, formulate the identification standards and procedures for solid waste and the national technical standards for the prevention and control of environmental pollution by solid waste in accordance with the national environmental quality standards and the national economic and technological conditions.


Article 15 The competent standardization department of the State Council shall, in conjunction with the competent departments of development and reform, industry and information technology, ecological environment, agriculture and rural areas under the State Council, formulate standards for the comprehensive utilization of solid waste.


The comprehensive utilization of solid waste shall comply with the laws and regulations of the ecological environment and the technical standards for the prevention and control of environmental pollution by solid waste. The use of the products of comprehensive utilization of solid waste shall conform to the purposes and standards set by the State.


Article 16 The competent ecological and environmental department of the State Council shall, together with the relevant departments of the State Council, establish a national information platform for the prevention and control of environmental pollution by solid waste such as hazardous waste, and promote the monitoring and information tracing of the whole process of solid waste collection, transfer and disposal.


Article 17 Construction projects that generate, store, utilize, and treat solid waste shall undergo environmental impact assessments in accordance with the law, and comply with the relevant national regulations on environmental protection and management of construction projects.


Article 18 The supporting facilities for the prevention and control of environmental pollution by solid waste identified in the environmental impact assessment document of a construction project shall be designed, constructed and put into use at the same time as the main project. In the preliminary design of a construction project, the content of prevention and control of environmental pollution by solid waste shall be included in the environmental impact assessment document in accordance with the requirements of the environmental protection design specification, and the measures for prevention and control of environmental pollution and ecological damage by solid waste shall be implemented, as well as the investment estimate for the prevention and control facilities of environmental pollution by solid waste.


The construction unit shall, in accordance with the provisions of relevant laws and regulations, inspect and accept the supporting facilities for the prevention and control of environmental pollution by solid waste, prepare an acceptance report, and make it publicly available to the public.


Article 19 Units that collect, store, transport, utilize and treat solid waste and other producers and operators shall strengthen the management and maintenance of relevant facilities, equipment and sites to ensure their normal operation and use.


Article 20 Units that produce, collect, store, transport, utilize and treat solid waste and other producers and operators shall take measures to prevent scattering, loss, leakage or other environmental pollution, and shall not dump, pile up, discard or discard solid waste without authorization.


It is forbidden for any unit or individual to dump, pile up or store solid waste in rivers, lakes, canals, canals, reservoirs and on beaches and bank slopes below their highest water level, as well as in other places as prescribed by laws and regulations.


Article 21 It is prohibited to build facilities, sites and domestic garbage landfills for the centralized storage, utilization and treatment of industrial solid waste and hazardous waste in areas with the red line of ecological protection, areas where permanent basic farmland is concentrated and other areas that need special protection.


Article 22 Whoever transfers solid waste out of the administrative region of a province, autonomous region or municipality directly under the Central Government for storage and treatment shall apply to the competent department of ecological environment of the people's government of the province, autonomous region or municipality directly under the Central Government where the solid waste is transferred. The competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the Central Government where the solid waste is to be transferred out of the administrative region of the province, autonomous region, or municipality directly under the Central Government shall, after obtaining the consent of the competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the Central Government in time, approve the transfer of the solid waste out of the administrative region of the province, autonomous region, or municipality directly under the. It shall not be transferred without approval.


The transfer of solid waste out of the administrative region of a province, autonomous region or municipality directly under the Central Government for use shall be reported to the competent department of ecological environment of the people's government of the province, autonomous region or municipality directly under the Central Government where the solid waste is transferred for the record. The competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the Central Government where the transfer is to be made shall notify the competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the Central Government where the transfer is to be made.


Article 23 Solid waste from outside the People's Republic of China is prohibited from being dumped, piled up and disposed of in China.


Article 24 The state shall gradually realize the zero import of solid waste, which shall be organized and implemented by the competent department of ecological environment under the State Council in conjunction with the competent departments of commerce, development and reform, and customs under the State Council.


Article 25 If the customs finds that the imported goods are suspected to be solid waste, it may entrust a professional organization to carry out attribute identification and manage them according to the identification conclusion.


Article 26 The competent departments of ecological environment, their environmental law enforcement agencies and other departments responsible for the supervision and management of the prevention and control of environmental pollution by solid waste have the right to conduct on-site inspections of units and other producers and operators engaged in the production, collection, storage, transportation, utilization and treatment of solid waste within their respective scope of responsibility. The person under inspection shall truthfully report the situation and provide necessary information.


On-site inspection may be carried out by taking measures such as on-site monitoring, sampling, consulting or copying data related to the prevention and control of environmental pollution by solid waste. Inspectors shall show their certificates when conducting on-site inspection. Trade secrets learned during on-site inspection shall be kept confidential.


Article 27 Under any of the following circumstances, the competent department of ecological environment and other departments responsible for the supervision and administration of the prevention and control of environmental pollution by solid waste may seal up and seize the solid waste and facilities, equipment, sites, tools and articles illegally collected, stored, transported, utilized and disposed of:


(1) The evidence may be lost, hidden or illegally transferred;


(2) Causing or likely to cause serious environmental pollution.


Article 28 The competent ecological and environmental department shall establish a credit record system for units and other producers and operators that generate, collect, store, transport, utilize, and dispose of solid waste in conjunction with relevant departments, and incorporate relevant credit records into the national credit information sharing platform.


Article 29 The competent ecological and environmental departments of the people's governments of cities divided into districts shall, together with the competent departments of housing and urban construction, agriculture and rural areas, and health, regularly publish to the public information on the types, production, disposal capacity, utilization and disposal status of solid waste.


Units that produce, collect, store, transport, utilize and treat solid waste shall promptly disclose information on the prevention and control of environmental pollution by solid waste according to law and actively accept social supervision.


Units that utilize and treat solid waste shall open facilities and sites to the public according to law, and improve public awareness and participation in environmental protection.


Article 30 The people's governments at or above the county level shall incorporate the prevention and control of environmental pollution by industrial solid waste, household garbage, hazardous waste and other solid waste into the annual report on the environmental situation and the completion of environmental protection objectives, and report to the people's congress or its standing committee at the corresponding level.


Article 31 All units and individuals shall have the right to report against units and individuals that cause environmental pollution by solid waste.


The competent department of ecological environment and other departments responsible for the supervision and administration of the prevention and control of environmental pollution by solid waste shall publicize the reporting methods for the prevention and control of environmental pollution by solid waste to the public for the convenience of reporting.


The department receiving the report shall deal with it in a timely manner and keep the relevant information of the informant confidential; Rewards will be given to those who report in real name and verify the truth.


If the informant reports to his unit, the unit shall not retaliate against the informant by rescinding or changing the labor contract or by other means.


Chapter III Industrial Solid Waste


Article 32 The competent department of ecological environment under the State Council shall, together with the competent departments of development and reform, industry and information technology under the State Council, define the harm and impact of industrial solid waste on public health and the ecological environment, formulate technical policies for the prevention and control of environmental pollution by industrial solid waste, and organize the promotion of advanced production technologies and equipment for the prevention and control of environmental pollution by industrial solid waste.


Article 33 The competent department of industry and information technology under the State Council shall, in conjunction with the relevant departments under the State Council, organize the research, development and promotion of production processes and equipment that reduce the amount of industrial solid waste and reduce the harmfulness of industrial solid waste, and publish a list of backward production processes and equipment that produce industrial solid waste that seriously pollutes the environment.


Producers, sellers, importers and users shall stop producing, selling, importing or using the equipment listed in the preceding paragraph within the time limit specified by the competent department of industry and information technology under the State Council in conjunction with the relevant departments under the State Council. The adopters of production processes shall stop using the processes listed in the prescribed list in the preceding paragraph within the time limit specified by the competent department of industry and information technology under the State Council in conjunction with the relevant departments under the State Council.


"Equipment that has been included in the list of equipment to be eliminated within a specified period of time shall not be transferred to others for use.".


Article 34 The competent department of industry and information technology under the State Council shall, in conjunction with the competent departments of development and reform and the ecological environment under the State Council, regularly publish the guided catalogue of technologies, processes, equipment and products for the comprehensive utilization of industrial solid waste, organize the evaluation of the comprehensive utilization of industrial solid waste resources, and promote the comprehensive utilization of industrial solid waste.


Article 35 The local people's governments at or above the county level shall formulate plans for the prevention and control of environmental pollution by industrial solid waste, organize the construction of facilities for centralized treatment of industrial solid waste, and promote the prevention and control of environmental pollution by industrial solid waste.


Article 36 Units that generate industrial solid waste shall establish and improve the responsibility system for the prevention and control of environmental pollution in the whole process of the generation, collection, storage, transportation, utilization and disposal of industrial solid waste, establish a management account for industrial solid waste, truthfully record the type, quantity, flow direction, storage, utilization and disposal of industrial solid waste, and realize the traceability and inquiry of industrial solid waste, And take measures to prevent and control environmental pollution by industrial solid waste.


It is prohibited to put industrial solid waste into domestic garbage collection facilities.


Article 37 Where a unit that produces industrial solid waste entrusts others to transport, utilize and treat industrial solid waste, it shall verify the principal qualification and technical ability of the entrusted party, sign a written contract according to law, and stipulate the requirements for pollution prevention and control in the contract.


The trustee transports, utilizes and disposes industrial solid waste