Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Wastes (2016 Revised Edition)

(Adopted at the 16th meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995 as amended by the 13th meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2004 The Third Meeting of the Standing Committee of the Twelfth National People's Congress The First Revision of the Decision of the Standing Committee of the National People's Congress on Amending the Twelve Laws, including the "Law of the People's Republic of China on the Protection of Cultural Relics" According to April 24, 2015 The 14th Meeting of the Standing Committee of the Twelfth National People's Congress The Second Amendment of the Decision of the Standing Committee of the National People's Congress on the Seven Laws of Amending the "Port Law of the People's Republic of China" According to the second amendment of the " Chairman of the People's Republic of China No. 57 "Decision of the Standing Committee of the National People's Congress on Amending the 12 Laws of the People's Republic of China on Foreign Trade Law" Third Amendment)

table of Contents

Chapter I General Provisions

Chapter II Supervision and Management of Solid Waste Pollution Prevention and Control

Chapter III Prevention and Control of Environmental Pollution Caused by Solid Waste

Section I General Provisions

Section II of industrial solid waste pollution prevention and control of the environment

Section III Prevention and Control of Domestic Waste Pollution of the Environment

Chapter IV Special Provisions on the Prevention and Control of Environmental Pollution by Hazardous Waste

Chapter V Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted to prevent and control solid waste pollution of the environment, human health protection, ecological security and promotion of sustainable economic and social development.

Article 2 This law shall apply to the prevention and control of environmental pollution caused by solid waste in the People's Republic of China.

Prevention and Control of Marine Pollution Caused by Solid Waste and Prevention and Control of Environmental Pollution Caused by Radioactive Solid Waste Not applicable.

Article 3 The State shall implement the principle of reducing solid waste generation and harm by preventing and controlling the environmental pollution caused by solid waste, making full and rational use of solid waste and innocent disposal of solid waste, and promoting the development of cleaner production and circular economy.

The state adopts economic and technical policies and measures that are conducive to the comprehensive utilization of solid waste and fully recycles and makes rational use of solid waste.

The state encourages and supports measures for the centralized disposal of solid waste in favor of environmental protection and promotes the development of solid waste pollution prevention and control industry.

Article 4 The people's government at or above the county level shall incorporate the prevention and control of environmental pollution by solid waste into the plans for national economic and social development and adopt economic and technical policies and measures conducive to the prevention and control of environmental pollution by solid waste.

Relevant departments of the State Council, local people's governments at or above the county level and their relevant departments shall formulate plans for the construction of urban and rural areas, land use, regional development and industrial development so as to reduce the output and harm of solid waste and promote the comprehensive utilization of solid waste Harmless disposal.

Article 5 The State shall implement the principle that polluters are responsible according to law for the prevention and control of environmental pollution caused by solid wastes.

Producers, sellers, importers and users of products bear the responsibility for pollution prevention and control of the solid wastes they produce.

Article 6 The state encourages and supports scientific research and technological development in the prevention and control of environmental pollution by solid wastes, promotion of advanced prevention and control technologies, and popularization of scientific knowledge of solid waste pollution prevention and control.

People's governments at all levels shall step up publicity and education on the prevention and control of environmental pollution caused by solid waste and advocate modes of production and lifestyles that are conducive to environmental protection.

Article 7 The state encourages units and individuals to purchase and use recycled products and reusable products.

Article 8 The people's governments at all levels shall reward the units and individuals who have made outstanding achievements in the prevention and control of environmental pollution by solid wastes and related comprehensive utilization activities.

Article 9 All units and individuals have the obligation to protect the environment and have the right to report and prosecute units and individuals that cause solid waste to pollute the environment.

Article 10 The administrative department of environmental protection under the State Council shall carry out unified supervision and administration of the prevention and treatment of environmental pollution by solid waste throughout the country. The relevant departments under the State Council shall be responsible for the supervision and administration of the prevention and control of solid waste pollution within their respective responsibilities.

The environmental protection administrative department of the local people's government at or above the county level shall exercise unified supervision and administration over the prevention and control of environmental pollution by solid waste within its own administrative area. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the prevention and control of solid waste pollution within their respective responsibilities.

The administrative department of construction under the State Council and the administrative department of environmental sanitation of the local people's government at or above the county level shall be responsible for the supervision and administration of the cleaning, collection, storage, transportation and disposal of household garbage.


Chapter II Supervision and Management of Solid Waste Pollution Prevention and Control

Article 11 The administrative department for environmental protection under the State Council, in conjunction with the relevant administrative department under the State Council, shall formulate the 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 12 The administrative department of environmental protection under the State Council shall establish a monitoring system for the environmental pollution of solid waste, formulate a unified monitoring code and organize a monitoring network in conjunction with the relevant departments.

The administrative departments for environmental protection of large and medium-sized city people's governments shall regularly issue such information as the type of solid waste, the amount produced and the status of disposal.

Article 13 For the construction of solid waste generating projects and the construction, storage, utilization and disposal of solid waste, environmental impact assessment must be carried out in accordance with the law and compliance with the provisions of the state on environmental protection and management of construction projects.

Article XIV of the construction project environmental impact assessment documents to determine the need for supporting the construction of solid waste pollution prevention and control facilities, must be the same time with the main project design, construction, at the same time put into use. Solid waste pollution prevention and control facilities must be approved by the environmental protection administrative department of the original examination and approval of environmental impact assessment documents before the construction project can be put into production or use. Acceptance of facilities for the prevention and control of environmental pollution by solid wastes shall be carried out simultaneously with the acceptance of the main project.

Article 15 The administrative department of environmental protection under 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 waste shall have the right to carry out on-the-spot inspections of the units under their jurisdiction that are related to the prevention and control of environmental pollution by solid wastes according to their respective functions and duties. The unit under inspection shall truthfully report the situation and provide the necessary information. The inspection authority shall keep technical secrets and business secrets for the unit under inspection.

Where the inspection organ conducts on-the-spot inspection, it may take measures such as on-site monitoring, sample collection, access to or duplication of information related to the prevention and control of environmental pollution by solid wastes. Inspectors conduct on-site inspection, they should produce a certificate.


Chapter III Prevention and Control of Environmental Pollution Caused by Solid Waste

Section I General Provisions

Article 16 Units and individuals that produce solid waste shall take measures to prevent or reduce the environmental pollution caused by solid waste.

Article 17 Units and individuals that collect, store, transport, use and dispose of solid waste must take measures to prevent the spread of smoke, prevent losses, prevent seepage or other environmental pollution prevention measures; they shall not be dumped, stacked, discarded or left over without any authorization waste.

Prohibit any unit or individual to the rivers, lakes, canals, channels, reservoirs and their maximum water level below the beach and bank slope and other laws and regulations prohibit dumping, dumping of dumping sites, stacking solid waste.

Article 18 The design and manufacture of products and packages shall abide by the provisions of the state concerning cleaner production. The competent department of standardization under the State Council shall, in accordance with the state's economic and technological conditions, the prevention and control of the environmental pollution caused by solid waste and the technical requirements of the product, organize the formulation of relevant standards to prevent environmental pollution caused by over-packaging.

Production, sale and import of products and packages that are legally included in the Catalog of Forced Recycling shall be subject to the recycling of the product and the package in accordance with the relevant provisions of the State.

Article 19 The State encourages research and production units to study and produce film coverings and commodity wrappings that are easily recyclable, easily disposed or degradable in the environment.

Units and individuals using agricultural film should take measures such as recycling to prevent or reduce the pollution of agricultural film on the environment.

Article 20 Engaging in livestock and poultry breeding on a large scale shall collect, store, utilize or dispose of the livestock excrement produced during the breeding process in accordance with the relevant state provisions to prevent the pollution of the environment.

It is forbidden to open straw to the open areas in concentrated areas, around the airport, near the trunk roads and in the areas delineated by the local people's governments.

Article 21 The facilities, equipment and places for collecting, storing, transporting and disposing of solid waste shall be strengthened in management and maintenance so as to ensure its normal operation and use.

Article 22 Prohibition is prohibited in nature reserves, scenic spots, drinking water source protection zones, basic farmland protection zones and other areas requiring special protection as delineated by the State Council and relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Construction of facilities, sites and domestic waste landfills for centralized storage and disposal of industrial solid waste.

Article 23 Where the solid waste is transferred to other provinces, autonomous regions or municipalities for storage and disposal, it shall apply to the administrative 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 has been removed. The administrative department of environmental protection of the people's government of a province, autonomous region or municipality directly under the Central Government that moves out of the territory shall, only with the consent of the competent department of environmental protection administration of the people's government of the province, autonomous region or municipality directly under the Central Government accepted it, approve the transfer of such solid waste to the administrative department of the province, autonomous region or municipality directly under the Central Government area. Without approval, may not be transferred.

Article 24 Prohibition of dumping, stacking and disposing of solid waste outside the People's Republic of China.

Article 25 It is forbidden to import solid wastes that can not be used as raw materials or can not be used in a decontaminated way; and to limit import and non-restricted import classification management of solid wastes that can be used as raw materials.

The competent department of environmental protection under the State Council shall, in conjunction with the department of foreign trade administration under the State Council, the comprehensive macro economy control department under the State Council, the General Administration of Customs and the quality supervision, inspection and quarantine department of the State Council, formulate, adjust and publish the catalog of solid wastes prohibited or imported or restricted.

Prohibit the import of solid wastes included in the banned import list. Imported solid wastes included in the restricted import catalogs shall be examined and approved by the competent department of environmental protection administration under the State Council in conjunction with the department of foreign trade under the State Council.

Imported solid waste must comply with national environmental protection standards and be qualified by the quality supervision, inspection and quarantine department.

The specific measures for the management of imported solid waste shall be formulated by the competent department of environmental protection administration under the State Council together with the department in charge of foreign trade under the State Council, the comprehensive macro-economic control department under the State Council, the General Administration of Customs and the quality supervision, inspection and quarantine department of the State Council.

Article 26 If an importer is dissatisfied with the customs' inclusion of the goods imported into the scope of solid waste management, the importer may apply for administrative reconsideration in accordance with the law or institute administrative litigation in a people's court.


Section II of industrial solid waste pollution prevention and control of the environment

Article 27 The administrative department for environmental protection under the State Council shall, jointly with the departments of economic comprehensive macro-control under the State Council and other relevant departments, define the environmental pollution caused by industrial solid waste, draw up a technical policy on prevention and control of industrial solid waste pollution of the environment, organize and promote advanced prevention and treatment Industrial solid waste pollution of the environment production technology and equipment.

Article 28 The comprehensive macroeconomic regulation and control department under the State Council shall, jointly with the departments concerned under the State Council, organize the research, development and promotion of production techniques and equipment to reduce the amount and harmfulness of industrial solid waste and announce the outdated measures to phase out the industrial solid waste that causes serious pollution to the environment within a specified time limit Production technology, equipment behind the list.

Producers, sellers, importers and users must cease the production, sale, import or use of the equipment listed in the inventory specified in the preceding paragraph within the time limit prescribed by the comprehensive macro-economic control department of the State Council in conjunction with the relevant department of the State Council. The adopter of the production process must stop using the process listed in the list prescribed in the preceding paragraph within the time limit prescribed by the comprehensive macro-economic control department of the State Council in conjunction with the relevant department of the State Council.

Equipment included in the deadline phase-out list is not allowed to be transferred to others.

Article 29 Relevant departments of the people's governments at or above the county level shall formulate plans for the prevention and control of the environmental pollution caused by industrial solid waste, promote advanced production techniques and equipment capable of reducing the amount and harmfulness of industrial solid waste, and promote the prevention and control of environmental pollution caused by industrial solid waste.

Article 30 Units that produce industrial solid waste shall establish and improve a system of responsibility for the prevention and control of environmental pollution and take measures to prevent and control environmental pollution caused by industrial solid waste.

Article 31 Enterprises and institutions shall reasonably choose and utilize raw materials, energy sources and other resources and adopt advanced production techniques and equipment to reduce the production of industrial solid waste and reduce the harmfulness of industrial solid waste.

Article 32 The state shall apply for the registration system of industrial solid waste.

The unit that produces industrial solid waste must provide relevant information on the types, amount, flow, storage and disposal of industrial solid waste to the environmental protection administrative department of the local people's government at or above the county level in accordance with the provisions of the competent department of environmental protection administration under the State Council.

If there is a major change in the declared matter as prescribed in the preceding paragraph, the declaration shall be made promptly.

Article 33 Enterprises and institutions shall make use of industrial solid wastes generated by them according to economic and technical conditions. For those temporarily not in use or not capable of utilizing them, they must construct storage facilities, places, safety and security in accordance with the provisions of the administrative department for environmental protection under the State Council Classified storage, or take harmless disposal measures.

The construction of facilities and sites for the storage and disposal of industrial solid waste must comply with the national environmental protection standards.

Article 34 It is forbidden to shut down, idle or dismantle industrial solid waste pollution prevention and control facilities and places without permission; if it is really necessary to be closed, idle or demolished, it must be approved by the environmental protection administrative department of the local people's government at or above the county level and taken Measures to prevent environmental pollution.

Article 35 Where an entity that produces industrial solid waste needs to be terminated, pollution prevention and control measures shall be taken in advance at facilities and sites for the storage and disposal of industrial solid waste, and unhandled industrial solid waste shall be properly disposed of so as to prevent the pollution of the environment.

Where any units producing industrial solid waste have changed, the unit after the change shall, in accordance with the provisions of the state concerning environmental protection, dispose of unprocessed industrial solid waste, its storage and disposal facilities and places safely or take measures to ensure the safety of such facilities and places run. Prior to the change, the parties concerned shall make stipulations on their responsibilities for the prevention and control of pollution caused by industrial solid waste, its facilities for storage and disposal as well as their place of storage and disposal. However, the parties shall not be exempt from their pollution prevention and control obligations.

The expenses for the safe disposal of industrial solid wastes not disposed of by the units that have been terminated prior to the implementation of this Law, and the facilities and places for storage and disposal shall be borne by the people's governments concerned. However, if the land-use rights enjoyed by such units are transferred according to law, The transferee of the right to use the land shall bear the disposal expenses. The parties may agree otherwise; however, they shall not be exempt from the party's obligation to prevent and control pollution.

Article 36 A mining enterprise shall adopt a scientific mining method and a beneficiation process to reduce the amount of solid waste generated and stored in tailings, gangue and waste rock.

After the use of mining solid waste storage facilities such as tailings, waste rock and waste rock is discontinued, the mining enterprises shall, in accordance with the state provisions on environmental protection, close the enclosure to prevent environmental pollution and ecological damage.

Article 37 Dismantling, utilizing and disposing of discarded electrical appliances and discarded motor vehicles and vessels shall observe the provisions of the relevant laws and regulations and take measures to prevent the pollution of the environment.

Section III Prevention and Control of Domestic Waste Pollution of the Environment

Article 38 The people's governments at or above the county level shall make overall arrangements for the construction of facilities for the collection, transportation and disposal of household garbage in urban and rural areas so as to improve the utilization ratio and the harmless disposal rate of domestic waste and promote the industrialization of the collection and disposal of household garbage and gradually establish And improving the social service system of prevention and control of environmental pollution by household garbage.

Article 39 The administrative department in charge of environmental hygiene of the local people's government at or above the county level shall organize the cleaning, collection, transportation and disposal of municipal solid waste, and may select the qualified units through bidding etc. to engage in the cleaning, collection and transportation of household garbage And disposal.

Article 40 The municipal solid waste shall be placed in the designated place in accordance with the provisions of the administrative department of environmental hygiene and shall not be dumped, thrown or piled up arbitrarily.

Article 41 To clean, collect, transport and dispose of municipal solid waste, it shall abide by the provisions of the state concerning the administration of environmental protection and sanitation and prevent the pollution of the environment.

Article 42 The municipal solid waste shall be promptly cleared and transported, and the classified collection and transportation shall be gradually carried out, and the rational utilization and safe disposal shall be actively carried out.

Article 43 The municipal people's government shall systematically improve the fuel structure and develop urban gas, natural gas, liquefied gas and other clean energy sources.

The relevant departments of the city people's government shall organize net meals into the city and reduce the amount of urban household garbage.

The relevant departments of the city people's government shall make overall plans and make reasonable arrangements for the acquisition of outlets to promote the recycling of domestic waste.

Article 44 The facilities and sites for the disposal of domestic garbage must comply with the environmental protection and environmental sanitation standards stipulated by the administrative department of environmental protection under the State Council and the administrative department of construction under the State Council.

It is forbidden to shut down, idle or demolish the facilities and sites for the disposal of domestic garbage. If it is necessary to close, idle or demolish it, it must be approved by the environmental protection administrative department in the place where the city and county people's government environmental sanitation administrative departments are located , And take measures to prevent the pollution of the environment.

Article 45 The substances recovered from household garbage shall be used according to the purposes or standards prescribed by the state and shall not be used for the production of products that may endanger the health of human beings.

Article 46 The construction unit of a project shall promptly transport and remove the solid waste generated during the construction of the project and make use or disposal in accordance with the provisions of the administrative department in charge of environmental hygiene.

Article 47 Business units engaged in public transport shall, in accordance with the relevant provisions of the State, clean up and collect domestic waste generated during the transportation.

Article 48 Units engaged in the development of new urban areas, the reconstruction of old areas and the development and construction of residential quarters, as well as the operation and management units of public facilities and places such as airports, docks, stations, parks and shops, shall, in accordance with the provisions of the state concerning environmental sanitation, Supporting the construction of domestic garbage collection facilities.

Article 49 The specific measures for preventing and controlling the environmental pollution of domestic solid waste in rural areas shall be prescribed by local laws and regulations.


Chapter IV Special Provisions on the Prevention and Control of Environmental Pollution by Hazardous Waste

Article 50 The prevention and control of the environment polluting hazardous wastes shall be governed by the provisions of this Chapter; other relevant provisions of this Law shall be governed by the provisions of this Chapter which are not provided for.

Article 51 The competent department of environmental protection administration under the State Council shall, in conjunction with the relevant departments of the State Council, formulate a list of national hazardous wastes, stipulate uniform standards for the identification, identification and identification of hazardous wastes.

Article 52 The hazardous waste containers and packages as well as the facilities and sites for the collection, storage, transportation and disposal of hazardous wastes must be marked with a Hazardous Waste Identification Mark.

Article 53 Units that produce hazardous wastes must formulate plans for the management of hazardous wastes in accordance with the relevant state provisions and declare the types, amount, flow, storage and disposal of hazardous wastes to the environmental protection administrative department of the local people's government at or above the county level where they are located And other relevant information.

The hazardous waste management plan referred to in the preceding paragraph shall include measures to reduce the amount and hazard of hazardous wastes and the storage, utilization and disposal of hazardous wastes. The hazardous waste management plan shall be filed with the environmental protection administrative department of the local people's government at or above the county level where the hazardous waste production unit is located.

If there is any material change in the contents of this regulation or the content of the hazardous waste management plan, it shall be promptly declared.

Article 54 The environmental protection administrative department under the State Council, in conjunction with the comprehensive macro-economic control department of the State Council, shall formulate plans for the construction of facilities and places for the centralized disposal of hazardous waste and shall submit them to the State Council for approval before implementation.

The local people's government at or above the county level shall organize the construction of facilities and places for the centralized disposal of hazardous wastes based on the planning and construction of facilities and places for the centralized disposal of hazardous wastes.

Article 55 Units that produce hazardous wastes must dispose of hazardous wastes in accordance with the relevant state regulations and may not dump or stack them without authorization; the environmental protection administrative department of the local people's government at or above the county level at the county level or above shall order it to correct within a prescribed time limit; Or where the disposal does not conform to the relevant provisions of the state, the designated unit of the environmental protection administrative department of the local people's government at or above the county level in the locality shall dispose of it in accordance with the relevant provisions of the state, and the expenses for disposal shall be borne by the unit that produces the hazardous wastes.

Article 56 Where the disposal of hazardous wastes by landfilling does not meet the requirements of the administrative department for environmental protection under the State Council, it shall pay the sewage charges for hazardous wastes. The specific measures for collection of hazardous waste discharge fees shall be formulated by the State Council.

Hazardous waste discharge fee pollution prevention and control of the environment, shall not be diverted for other purposes.

Article 57 Units engaged in the collection, storage and disposal of hazardous wastes must apply for a business license from the environmental protection administrative department of the people's government at or above the county level; units engaged in the operation of hazardous wastes must apply to the State Council for Environmental Protection The administrative department in charge or the environmental protection administrative department of the people's government of a province, autonomous region or municipality directly under the Central Government shall apply for a business license. Specific management measures prescribed by the State Council.

Prohibit no business license or not in accordance with the provisions of the business license to engage in hazardous waste collection, storage, utilization, disposal of business activities.

It is forbidden to provide or entrust hazardous wastes to units without a permit to engage in business activities of collection, storage, utilization and disposal.

Article 58 Collection and storage of hazardous wastes must be carried out in accordance with the characteristics of hazardous wastes. It is forbidden to mix and collect, store, transport and dispose of hazardous wastes that are incompatible in nature and not disposed of safely.

The storage of hazardous wastes must take protective measures in line with the state environmental protection standards and shall not exceed one year; if it is necessary to extend the deadline, it must be submitted to the environmental protection administrative department that approved the operation permit for its approval; as otherwise stipulated by laws and administrative regulations except.

It is forbidden to mix hazardous waste into non-hazardous waste for storage.

Article 59 For the transfer of hazardous wastes, the transfer of hazardous wastes must be completed in accordance with the relevant provisions of the state. The transfer of hazardous wastes across provinces, autonomous regions and municipalities directly under the Central Government shall be submitted to the environmental protection administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government for removal of hazardous wastes. The administrative department of environmental protection of the people's government of a province, autonomous region or municipality directly under the Central Government that removes the area should approve the transfer of the hazardous wastes with the consent of the administrative department of environmental protection of the people's government of the province, autonomous region or municipality directly under the Central Government. Without approval, may not be transferred.

The administrative department for environmental protection under the people's government at or above the city level where the hazardous wastes are transferred out of, removed from, and removed from the administrative area shall notify the environmental protection administrative department of the local people's government at or above the municipal level Administrations.

Article 60 Transport of hazardous wastes must take measures to prevent environmental pollution and comply with the state's provisions on the transport of dangerous goods.

Hazardous waste and passengers are prohibited from being carried on the same conveyance.

Article 61 Places, facilities, equipment and containers, packages and other articles for collecting, storing, transporting and disposing of hazardous wastes shall be used for the purpose of eliminating pollution after they are transferred for other purposes.

Article 62 Units that produce, collect, store, transport, use and dispose of hazardous wastes shall formulate precautionary measures and contingency plans for accidents and file them with the environmental protection administrative department of the local people's government at or above the county level for the record. Environmental protection The administrative department shall conduct the inspection.

Article 63 Units that cause serious pollution of the environment by hazardous wastes due to accidents or other unexpected incidents shall immediately take measures to eliminate or reduce the pollution hazard to the environment and promptly notify the units and residents that may be contaminated, The local environmental protection administrative department of the local people's government at or above the county level and the department concerned shall report to the department for investigation and handling.

Article 64 In the event of any evidence showing that hazardous wastes may cause serious environmental pollution and endanger the life and property of residents, the environmental protection administrative department of the local people's government at or above the county level or any other regulatory department of environmental pollution prevention and control of solid waste must Immediately report to the people's government at the corresponding level and the relevant administrative department of the people's government at the next higher level, and take effective measures to prevent or lessen the harm by the people's government. The relevant people's government may order it to stop the operations that cause or may cause environmental pollution accidents as needed.

Article 65 The decommissioning expenses of the facilities and sites for centralized disposal of key hazardous wastes should be accrued and included in the investment budget or operating costs. The specific measures for the collection and management shall be provided by the financial department and the department in charge of price under the State Council in conjunction with the administrative department of environmental protection under the State Council.

Article 66 It is forbidden to transit the hazardous wastes through the People's Republic of China.


Chapter V Legal Liability

Article 67 Any administrative department for environmental protection under the people's government at the county level or above or other supervisory department for the prevention and control of environmental pollution by solid waste which violates the provisions of this Law by one of the following acts shall be governed by the people's government at the corresponding level or the administrative department The competent department shall order it to make corrections and impose administrative sanctions on responsible persons in charge and other persons directly responsible for the crime according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Failing to make an administrative license or approving documents according to law;

(2) Failing to investigate and deal with the case after discovering the illegal act or receiving the report of the illegal act;

(3) Any other act that fails to perform the duties of supervision and management in accordance with the law.

Article 68 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by an environmental protection administrative department of the people's government at or above the county level to stop the illegal act and make corrections within a time limit and be fined:

(1) Failing to declare the registration of industrial solid waste in accordance with the provisions of the state or making fraudulent use when declaring the registration;

(2) For the safe storage of the facilities and places where industrial solid waste that is not temporarily used or can not be utilized is not yet built or stored, or no safe disposal measures have been taken;

(3) To transfer the equipment included in the phase-out list that has been eliminated to others for use;

(4) To shut down, idle or dismantle industrial solid waste pollution prevention and control facilities and places without authorization;

(5) To establish facilities, places and living garbage landfills for the centralized storage and disposal of industrial solid waste within the nature reserves, scenic spots, drinking water source protection areas, basic farmland protection areas and other areas requiring special protection;

(6) Unauthorized removal and transfer of solid waste out of the administrative areas of the provinces, autonomous regions and municipalities directly under the Central Government for storage and disposal;

(7) Failing to take corresponding preventive measures to cause the industrial solid waste to disperse, drain away, leak or cause other environmental pollution;

(8) Discarding or leaving industrial solid waste along the way during transport.

Where any one of the first and eighth acts of the preceding paragraph is a fine of not less than 5,000 yuan but not more than 50,000 yuan, the second, third, fourth, fifth, sixth, One of the seventh acts shall be fined not less than 10,000 yuan but not more than 100,000 yuan.

Article 69 In case of violation of the provisions of this Law, the facilities for the prevention and control of environmental pollution caused by solid waste that are required to be constructed by construction projects have not been completed, have not been accepted or failed to be accepted, and the main project is put into production or used, The administrative department of environmental protection under the document shall order it to stop producing or using it and may concurrently impose a fine of not more than 100,000 yuan.

Article 70 Anyone who, in violation of the provisions of this Law, rejects the on-the-spot inspection of the environmental protection administrative department of the people's government at or above the county level or other supervisory and administrative department for the prevention and control of environmental pollution by solid waste shall be ordered by the department that conducted the on-the-spot inspection to correct within a time limit; Anyone who makes falsity during the examination shall be fined not less than 2,000 yuan and not more than 20,000 yuan.

Article 71 Whoever fails to collect, store or dispose of livestock manure in accordance with the relevant provisions of the state and causes environmental pollution shall be ordered by the competent department of environmental protection administration of the local people's government at or above the county level to make corrections within a prescribed time limit, The following fine.

Article 72 Anyone who, in violation of the provisions of this Law, manufactures, sells, imports or uses obsolete equipment or adopts a phase-out process, shall be ordered to make corrections by the comprehensive macro-economic control department of the people's government at or above the county level; if the circumstances are serious, The above macroeconomic regulation and control departments of the people's government put forward their opinions and submit them to the people's government at the same level for decision to suspend business or to close down in accordance with the authority prescribed by the State Council.

Article 73 After the mining facilities for tailings, waste rock, waste rock and other mining solid wastes have not been closed down and the enclosure has not been closed in accordance with the relevant state environmental protection provisions, the environmental protection administrative department of the local people's government at or above the county level shall order it to correct within a time limit, May impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.

Article 74 Anyone who commits any of the following acts in violation of the provisions of this Law regarding the prevention and control of environmental pollution by municipal solid waste shall be ordered by the administrative department of environmental sanitation of the local people's government at or above the county level to stop the illegal act and make corrections within a time limit and be fined:

(A) dumping, throwing or stacking garbage at will;

(2) To shut down, idle or demolish domestic garbage disposal facilities and places without authorization;

(3) The construction unit fails to timely clear the solid waste generated in the process of construction and cause environmental pollution;

(4) Where the construction unit fails to utilize or dispose of the solid waste generated during construction in accordance with the provisions of the administrative department in charge of environmental sanitation;

(E) discarded in the transport process, left over the life garbage.

Where the unit has one of the first, third and fifth acts of the preceding paragraph, it shall be fined not less than 5,000 yuan but not more than 50,000 yuan. Where any one of the second and fourth acts of the preceding paragraph is found, a fine of 10,000 Yuan more than 100,000 yuan fine. Anyone who commits one of the first and fifth acts of the preceding paragraph shall be fined a maximum of two hundred yuan.

Where the unit has one of the first, third and fifth acts of the preceding paragraph, it shall be fined not less than 5,000 yuan but not more than 50,000 yuan. Where any one of the second and fourth acts of the preceding paragraph is found, a fine of 10,000 Yuan more than 100,000 yuan fine. Anyone who commits one of the first and fifth acts of the preceding paragraph shall be fined a maximum of two hundred yuan.

Article 75 Anyone who commits one of the following acts in violation of the provisions of this Law regarding the prevention and control of environmental pollution by hazardous wastes shall be ordered by the administrative department of environmental protection under the people's government at or above the county level to stop the illegal act and make corrections within a time limit and be fined:

(A) do not set the identification of hazardous waste identification;

(2) Failing to declare the registration of hazardous wastes in accordance with the provisions of the state, or making fraudulent use when declaring the registration;

(3) To close, idle or dismantle the hazardous wastes to dispose the facilities and places without authorization;

(4) Failing to pay the sewage charges for hazardous wastes in accordance with the provisions of the state;

(5) providing or entrusting hazardous wastes to units without a business license for conducting business activities;

(6) Failing to fill in the hazardous waste transfer list or transferring the hazardous waste without approval in accordance with the state provisions;

(7) Mixing hazardous waste into non-hazardous waste for storage;

(8) To collect, store, transport and dispose hazardous wastes of incompatible nature without safety disposal;

(9) Carrying hazardous wastes and passengers on the same means of transport;

(10) Uncontaminated disposal of premises, facilities, equipment and containers, packages and other articles for the collection, storage, transportation and disposal of hazardous wastes for other purposes;

(11) Failing to take appropriate precautionary measures to cause the dispersal, loss, leakage or other environmental pollution of hazardous waste;

(12) Discarding or leaving hazardous wastes along the way during transport;

(13) No emergency accident prevention measures and contingency plans have been formulated.

Where any one of the first, second, seventh, eighth, ninth, tenth, eleventh, twelfth and thirteenth acts of the preceding paragraph is found, A fine of not more than 100,000 yuan but with any one of the third, fifth and sixth acts of the preceding paragraph shall be fined not less than 20,000 yuan but not more than 200,000 yuan; and if there is the fourth act of the preceding paragraph, the deadline If the payment is overdue or fails to pay, it shall pay a fine of not less than one time but not more than three times the amount of sewage charges of hazardous wastes.

Article 76 Anyone who, in violation of the provisions of this Law, fails to dispose of the hazardous wastes they produce and does not bear the disposal expenses that should be borne by law shall be ordered to make corrections within a prescribed time limit by the competent department of environmental protection of the local people's government at or above the county level Disposal fee more than double but not more than three times the fine.

Article 77 Any enterprise that fails to operate a permit or does not engage in the collection, storage, utilization and disposal of hazardous waste in accordance with the operation permit shall be ordered by the competent department of environmental protection administration at the people's government at or above the county level to stop the illegal act and confiscate the illegal gains, He may concurrently impose a fine of less than three times the illegal income.

Not in accordance with the provisions of the business license to engage in activities of the preceding paragraph, but also by the issuing authority to revoke the business license.

Article 78 Whoever, in violation of the provisions of this Law, dumps, piles up or disposes of solid wastes outside the territory of the People's Republic of China, imports solid wastes that are forbidden to import or imports unauthorized solid wastes for import as raw materials without authorization , The customs shall order the return of the solid waste and may concurrently impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if a crime is constituted, criminal responsibility shall be investigated according to law. If the importer is unknown, the carrier shall assume the responsibility of returning the solid waste or bear the disposal cost of the solid waste.

Eschewing Customs Supervision If the transportation of solid waste outside the People's Republic of China into China constitutes a crime, criminal liability shall be investigated according to law.

Article 79 Anyone who, in violation of the provisions of this Law, transits or transports dangerous wastes through the People's Republic of China, shall be ordered by the Customs to return the dangerous wastes and may be concurrently fined not less than 50,000 yuan but not more than 500,000 yuan.

Article 80 For solid waste that has illegally entered the country, the administrative department for environmental protection under the people's government at or above the provincial level shall, according to law, submit its handling opinions to the Customs, and the customs shall make a punishment decision in accordance with the provisions of Article 78 of this Law; the environmental pollution The environmental protection administrative department of the people's government at or above the provincial level shall order the importer to eliminate the pollution.

Article 81 Anyone who, in violation of the provisions of this Law, causes the solid waste to seriously pollute the environment shall be subject to a deadline set by the competent department of environmental protection administration of the people's government at or above the county level in accordance with the authority prescribed by the State Council. If the task has not been completed within the prescribed time limit, the people's government at the corresponding level Decided to close down or closed.

Article 82 Anyone who causes environmental pollution caused by solid waste in violation of the provisions of this Law shall be subject to a fine not less than 20,000 yuan but not more than 200,000 yuan by the administrative department of environmental protection of the people's government at or above the county level; if a serious loss is caused, , But not exceeding one million yuan at most, to impose administrative sanctions on responsible executives and other directly responsible personnel according to law; to cause major accidents that pollute the environment with solid waste, The people's government decides to suspend business or close down according to the authority provided by the State Council.

Article 83 Anyone who, in violation of the provisions of this Law, collects, stores, uses or disposes of hazardous wastes and causes a serious environmental pollution accident, commits a crime shall be investigated for criminal responsibility according to law.

Article 84 Units and individuals that are harmed by solid waste pollution shall have the right to claim compensation for losses according to law.

The dispute of compensation liability and the amount of compensation may be mediated by the administrative department of environmental protection or other supervision and administration department of the prevention and control of environmental pollution by solidarity. If the dispute can not be resolved, the litigant may bring a lawsuit to the people's court. The parties may also directly institute legal proceedings in the people's court.

The state encourages legal service agencies to provide legal aid to victims of environmental litigation involving solid waste.

Article 85 Anyone who causes the solid waste to pollute the environment shall be excluded from the hazard and the losses shall be compensated according to law and measures shall be taken to restore the original status of the environment.

Article 86 The litigant shall bear the burden of proof for the litigation of damages caused by the solid wastes polluting the environment, and there shall be no cause-effect relationship between the exemption provided by law and the result of the act and the damage.

Article 87 In the event of any dispute over the liability for compensation of damages caused by solid waste to the environment and the amount of compensation, the parties concerned may entrust environmental monitoring agencies to provide monitoring data. Environmental monitoring agencies should be entrusted to truthfully provide relevant monitoring data.


Chapter VI Supplementary Provisions

Article 88 The meaning of the following terms in this Law:

(1) Solid waste refers to solid, semi-solid and gaseous articles placed in containers that have lost their original use value or have been discarded or abandoned without loss of use value, resulting from production, living and other activities. Substances As well as articles and substances that are included in the management of solid waste by laws and administrative regulations.

(Ii) Industrial solid waste refers to solid waste generated in industrial production activities.

(3) Household waste refers to solid waste generated in daily life or services provided for daily life, and solid wastes that are deemed as domestic waste by laws and administrative regulations.

(4) Hazardous waste refers to the hazardous wastes that are included in the national lists of hazardous wastes or identified according to the standards and methods of identification of hazardous wastes stipulated by the state.

(5) Storage refers to the activity of temporarily placing solid waste in a specific facility or place.

(VI) Disposal refers to the incineration of solid waste and other activities that change the physical, chemical and biological characteristics of solid waste to reduce the amount of solid waste generated, reduce the volume of solid waste and reduce or eliminate its dangerous components, Or eventually disposing of solid waste into landfills that meet the requirements of environmental protection.

(VII) Utilization refers to the activity of extracting substances from solid wastes as raw materials or fuels.

Article 89 This Law shall apply to the prevention and control of pollution by liquid waste; however, the relevant laws shall apply to the prevention and control of the pollution of waste water discharged into the body of water, and this Law shall not apply.

Article 90 Where there are different provisions in this Law with respect to the prevention and control of environmental pollution by solid wastes that the People's Republic of China has concluded or participated in, the provisions of the international treaties shall apply. However, the People's Republic of China declares its reservation with the exception of the provisions.

Article 91 This Law shall come into force on April 1, 2005.