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| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1995-10-30 | Effective Date | 1996-04-01 |
|
Law of the People's Republic of China on Prevention of Enviromental Pollution Caused by Solid Waste |
|---|
Chapter I General Principles
Chapter II Supervision and Control over Prevention of Environmental
Pollution Caused by Solid Waste
Chapter III Prevention of Environmental Pollution Caused by Solid Waste
Section 1 General Stipulations
Section 2 Prevention of Environmental Pollution Caused by Industrial
Solid Waste
Section 3 Prevention of Environmental Pollution Caused by Urban
Residential Refuse
Chapter IV Special Stipulations on the Prevention of Environmental
Pollution Caused by Dangerous Waste
Chapter V Legal Responsibilities
Chapter VI Supplementary Articles Article 1 To prevent the pollution of the environment by solid waste, Article 2 This law applies to the prevention of environmental pollution It does not apply to the prevention of marine environmental pollution Article 3 To prevent pollution of the environment by solid waste, the Article 4 The state shall encourage and support clean production to The state shall encourage and support the comprehensive utilization of Article 5 The state shall encourage and support measures for the Article 6 The people's governments at the county level or above shall Article 7 The state shall encourage and support scientific research and Article 8 The people's governments at different levels shall give awards Article 9 Every unit or individual has an obligation to protect the Article 10 The administrative department under the State Council in The administrative departments under the local people's governments at the The administrative department under the State Council in charge of Article 11 The administrative department under the State Council in Article 12 In constructing those projects that may produce industrial Reports on the effects of a construction project on the environment shall Article 13 A report on the effects of a construction project on the Article 14 The administrative departments under the people's governments The inspecting personnel shall show their credentials while conducting Section 1 General Stipulations Article 15 The units and individuals that produce solid waste shall take Article 16 The units and individuals that collect, store, transport, The abandonment or spread of solid waste during transportation is Article 17 Products shall use packing materials which are easily The product manufacturer, retailer, or consumer shall recycle those Article 18 The state shall encourage scientific research institutions and Those units and individuals that utilize thin films for agricultural use Article 19 The administration and maintenance of the facilities, Article 20 It is forbidden to close, disuse, or dismantle without Article 21 Those enterprises and institutions that produce solid waste Article 22 It shall be forbidden to construct facilities or sites for the Article 23 In the event that solid waste is transferred to other Article 24 Within the territory of the People's Republic of China, it is Article 25 The state shall forbid the import of solid waste which cannot The administrative department in charge of environmental protection, Those that require the import of solid wastes listed in the list Specific measures shall be formulated by the State Council. Section 2 Prevention of Environmental Pollution Caused by Industrial Article 26 The administrative department in charge of environmental Article 27 The department in charge of comprehensive economic affairs The manufacturer, retailer, importer, or consumer must stop respectively Any equipment required to be eliminated in accordance with the Article 28 The departments concerned under the people's governments at Article 29 Those units that produce industrial solid waste shall Article 30 Enterprises and institutions shall rationally choose and Article 31 The state shall implement a reporting and registration system Those units which produce industrial solid waste shall present data Article 32 All enterprises or institutions which produce industrial solid Article 33 Those who store smelting residue, chemical residue, coal ash Article 34 Construction of the facilities and sites for the storage and As to those units which produce industrial solid waste before this Law is Section 3 Prevention of Environmental Pollution Caused by Urban Article 35 All units and individuals shall obey the regulations of the Article 36 The storage, transport, and disposal of urban residential Article 37 Urban residential refuse shall be cleared and carried away The separate collection, storage, transport, and disposal of urban Article 38 The urban people's governments shall make plans for improving The relevant departments under the urban people's governments shall The relevant departments under the urban people's governments shall make Article 39 The urban people's governments shall construct supporting Article 40 The construction of the facilities and sites for the disposal Unauthorized closure, disuse, or dismantling of the facilities or sites Article 41 Those units carrying out construction shall, without delay, Article 42 The regulations in this Chapter apply to the prevention and Article 43 The administrative department in charge of environmental Article 44 Identification marks shall be placed on the containers and Article 45 Those units which produce dangerous waste shall report and Article 46 Those units which produce dangerous waste shall dispose of Article 47 The urban people's governments shall organize the construction Article 48 Those who adopt the disposal method of burying dangerous waste The discharge fees for dangerous waste shall be reserved for the Article 49 Those units which engage in operational activities concerning No unit may engage in operational activities concerning collection, No unit may supply or consign dangerous waste to those units without Article 50 Dangerous waste of different classifications shall be Mixed storage of dangerous waste with non-dangerous waste is forbidden. Article 51 Those who require the transfer of dangerous waste shall fill Article 52 Measures for the prevention of environmental pollution shall Transport of dangerous waste in a passenger vehicle is forbidden. Article 53 The sites, facilities, equipment, containers, packagings, and Article 54 Those workers who will engage in the collection, storage, Article 55 Those units which produce, collect, store, transport, recycle, Article 56 Those units that cause serious environmental pollution due to Article 57 The administrative departments in charge of environmental Article 58 Transit of dangerous waste passing through the territory of Article 59 Those who violate the regulations of this Law by engaging in (1) failure to report and register industrial solid waste or dangerous (2) refusing an on-the-spot inspection by the administrative department in (3) failure to pay waste-discharge fees in accordance with state (4) transferring to others equipment which has been included in the list (5) unauthorized closure, disuse, or dismantling of the facilities or (6) constructing facilities or sites for the centralized storage or (7) unauthorized transference of solid waste for storage and disposal out Those who engage in actions mentioned in Items 1 or 2 of the preceding Article 60 Those who violate the regulations in this Law by producing, Article 61 For construction projects needing supplementary construction Article 62 If those enterprises and institutions which have been ordered The fine in the preceding paragraph shall be determined by the Article 63 Those who violate the regulations of this Law during the Article 64 Those who violate the regulations in this Law concerning the (1) failure to install identification marks for dangerous waste; (2) supplying or consigning dangerous waste to units that have no (3) when transferring dangerous waste, failure to fill in the form for the (4) mixed storage of dangerous waste with non-dangerous waste; (5) collecting, storing, transporting, or disposing mixtures of dangerous (6) transportation of dangerous waste in a vehicle carrying travelers or (7) failure to dispose of dangerous waste produced or failure to bear (8) shifting use of sites, facilities, equipment, containers, packagings, Article 65 For those engaged in the collection, storage, or disposal of Violation of the regulations of the operating license and engaging in the Article 66 Those who, in violation of the regulations of this Law, ship Those who, under the pretext of raw materials utilization, import solid Article 67 Those who, in violation of the regulations of this Law, Article 68 For solid waste that enters the border illegally, the Article 69 Those who, in violation of the regulations of this Law, create Article 70 All fines shall be handed in to the State Treasury, and may Article 71 Any unit or person suffering injury from solid waste pollution Disputes concerning the responsibility for and amount of compensation Article 72 Those who, in violation of the regulations of this Law, Any unit which violates this Article shall be subject to a fine, and the Article 73 If the supervisors and managerial staff for the prevention and Article 74 Clarification of terminology included in this Law: (1) "Solid waste" refers to solid or semi-solid waste materials that are (2) "Industrial solid waste" refers to the solid waste produced by (3) "Urban residential refuse" refers to the solid waste produced in urban (4) "Dangerous waste" refers to the dangerous waste material which is (5) "Disposal" refers to such activities that burn or alter the physical, Article 75 This Law also applies to the prevention of pollution by liquid Article 76 If an international treaty concerning protection of the Article 77 This Law will come into force on April 1, 1996. Article 115 Violations of the regulations concerning the management of Article 187 Neglect of duty by government personnel which results in
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Chapter I General Principles
ensure the good health of the public, and promote the development of socialist
modernization, the following law is hereby established.
caused by solid waste within the boundaries of the People's Republic of China.
caused by solid waste or of environmental pollution caused by radioactive
solid waste.
state shall carry out a principle of reducing the production of solid waste,
making full and rational use of solid waste, and safely disposing of solid
waste.
reduce the creation of solid waste.
resources, the full recovery and rational usage of solid waste, and the
adoption of economic and technological policies and measures conducive to
making comprehensive use of solid waste.
centralized disposal of solid waste that are conducive to environmental
protection.
coordinate the prevention of environmental pollution caused by solid waste
with environmental protection plans and shall adopt economic and technological
policies and measures conducive to the prevention of environmental pollution
caused by solid waste.
technological development for the prevention of environmental pollution caused
by solid waste, the promotion of advanced technologies for prevention, as well
as the popularization of scientific knowledge for the prevention of
environmental pollution caused by solid waste.
to those units or individuals that make remarkable contributions to the
prevention of environmental pollution caused by solid waste as well as in the
related activities of making comprehensive use of solid waste.
environment and has the right to report or bring charges against those units
or individuals that are responsible for environmental pollution caused by
solid waste.
charge of environmental protection shall exercise unified supervision and
administration throughout the whole country over the prevention of
environmental pollution caused by solid waste. The relevant departments under
the State Council shall be in charge of the supervision and administration of
the prevention of environmental pollution caused by solid waste within the
limits of their own responsibilities.
county level or above shall exercise unified supervision and administration
over the prevention of environmental pollution caused by solid waste within
the boundaries of the corresponding administrative division. The departments
concerned under the people's governments at the county level or above shall be
in charge of the supervision and administration of the prevention of
environmental pollution caused by solid waste within the limits of their own
responsibilities.
construction and the administrative departments in charge of the environment
and public health under the local people's governments at the county level or
above shall be in charge of the supervision and administration of the
cleaning, collection, storage, transportation, and disposal of urban
residential refuse.
Chapter II Supervision and Administration of Prevention of Environmental
Pollution Caused by Solid Waste
charge of environmental protection shall establish a monitoring system for
environmental pollution caused by solid waste, formulate unified monitoring
standards, and organize a monitoring network in conjunction with other
relevant departments.
solid waste as well as those for storage and disposal of solid waste, the
state administrative regulations for environmental protection in construction
projects must be abided by.
include an estimation of the pollution and other effects on the environment
caused by the solid waste that is produced by the construction project, as
well as the stipulation of measures for the prevention of environmental
pollution, and shall be submitted to the administrative department in charge
of environmental protection for approval in accordance with the procedures
that are stipulated by the state. After the report on the environmental
effects is ratified, the department in charge of examining and approving
construction projects shall approve a feasibility study report or a design
responsibility report for the project.
environment shall stipulate that the necessary facilities for the prevention
of environmental pollution caused by solid waste must be designed,
constructed, and put into operation in coordination with the principal part of
the project. A construction project shall begin operation or use only after
the facilities for the prevention of environmental pollution caused by solid
waste are inspected and approved by the same department that examined and
approved the report on the environmental effects. The facilities for the
prevention of environmental pollution caused by solid waste shall be inspected
and approved together with the principal part of the project.
at the county level or above in charge of environmental protection and other
supervisory and administrative departments in charge of the prevention of
environmental pollution caused by solid waste shall have the right to conduct
on-the-spot inspections of the units concerned with the prevention of
environmental pollution caused by solid waste within their jurisdiction in
accordance with their own responsibilities. The inspected units shall report
the situation accurately and shall provide any necessary materials. The
inspecting institutions shall maintain the technological and operational
secrecy of the inspected units.
on-the-spot inspections.
Chapter III Prevention of Environmental Pollution Caused by Solid Waste
measures to prevent or reduce the environmental pollution caused by solid
waste.
utilize, or dispose of solid waste shall take precautions against the spread,
loss, and leakage of the solid waste as well as other measures for preventing
the solid waste from polluting the environment.
forbidden.
recycled, disposed of, or assimilated by the environment.
product packages and containers that can be recycled in accordance with the
relative regulations of the state.
production units to study and produce thin films for agricultural use that are
easily recycled, disposed of, or assimilated by the environment.
shall take measures such as recycling to prevent or reduce environmental
pollution caused by the thin films.
equipment, and sites for the collection, storage, transportation and disposal
of solid waste shall be strengthened in order to guarantee their normal
operation and use.
authorization the facilities and sites for preventing environmental pollution
caused by industrial solid waste. Those facilities and sites that require
closure, disuse, or dismantling must be examined and approved by the
administrative departments in charge of environmental protection under the
local people's governments at the county level or above, and measures shall be
taken to prevent environmental pollution.
which causes serious environmental pollution shall be ordered to bring their
pollution under control within a specified period of time. Those subject to
such an order shall accomplish the task on schedule. The order shall be made
by the people's government at the county level or above according to the
authority granted them by the State Council.
centralized storage and disposal of industrial solid waste or burial sites for
residential refuse in nature preserves, scenic spots, historic sites, drinking
water sources, and other places of special protection designated by the State
Council and the people's governments at the provincial, municipal, or
autonomous regional levels.
provinces, municipalities, or autonomous regions for storage or disposal, a
report must be submitted to the administrative department in charge of
environmental protection under the people's government of the province from
which the solid waste will be transferred, and approval must be granted by the
administrative department in charge of environmental protection under the
people's government of the province to which the solid waste will be
transferred.
forbidden to dump, pile, or dispose of solid waste from outside the People's
Republic of China.
be used as a raw material and shall restrict the import of solid waste that
can be used as raw material.
together with the department in charge of foreign trade and economic
cooperation under the State Council shall stipulate, adjust, and announce the
list of solid wastes which can be imported for use as raw materials; the
import of those kinds of solid waste that are not listed shall be forbidden.
stipulated in the preceding paragraph for use as raw materials must acquire
approval through examination by the administrative department in charge of
environmental protection and the department in charge of foreign trade and
economic cooperation under the State Council.
Solid Waste
protection together with the department in charge of comprehensive economic
affairs under the State Council and other departments concerned shall
designate the environmental pollution caused by industrial solid waste,
formulate policies on technologies for the prevention of environmental
pollution caused by industrial solid waste, and organize the spread of
advanced production technologies and equipment for the prevention of
environmental pollution caused by industrial solid waste.
together with other departments concerned under the State Council shall
organize the research, development, and popularization of production
technologies and equipment for reducing the amount of industrial solid waste,
and shall promulgate a catalogue of backward production technologies and
equipment that are responsible for industrial solid waste resulting in serious
environmental pollution and that are to be eliminated within a specified time.
producing, marketing, importing, or utilizing the equipment listed in the
catalogue stipulated in the preceding paragraph within the specified time
granted by the department in charge of comprehensive economic affairs and
other departments concerned under the State Council. The applier of production
technologies must cease use of those technologies listed in the catalogue
stipulated in the preceding paragraph within the specified time granted by the
department in charge of comprehensive economic affairs and other departments
concerned under the State Council.
stipulations in the two preceding paragraphs shall not be transferred to
others for use.
the county level or above shall formulate a plan for the prevention of
environmental pollution caused by industrial solid waste, the popularization
of advanced production technologies and equipment for reducing the amount of
industrial solid waste, and the promotion of work on the prevention of
environmental pollution caused by industrial solid waste.
establish and amplify a responsibility system for the prevention of
environmental pollution and take measures for preventing environmental
pollution caused by industrial solid waste.
utilize raw materials, energy and other resources, apply advanced production
technologies and equipment, and reduce the amount of industrial solid waste.
for industrial solid waste.
concerning the volume of waste they produce, its direction of flow, and the
methods of storage and disposal to the administrative departments in charge of
environmental protection under the people's governments at the county level or
above in that locality, in accordance with the regulations of the
administrative department in charge of environmental protection under the
State Council.
waste that cannot be utilized, whether at all or temporarily, must, in
accordance with the regulations of the administrative departments in charge of
environmental protection under the State Council, construct facilities or
sites for its storage or disposal.
residue, discarded ore, tail ore, or other industrial solid waste out-of-doors
shall construct special facilities or sites for its storage.
disposal of industrial solid waste shall be in accordance with the
environmental protection standards that have been stipulated by the
administrative department in charge of environmental protection under the
State Council.
implemented, if they fail to construct facilities or sites for the storage or
disposal of industrial solid waste in accordance with the regulations of
Article 32 of this Law, or if the facilities or sites they have already
constructed do not conform to environmental protection standards, they shall
carry out such construction or reconstruction within a specified period of
time. During this time period, waste-discharge fees or other measures shall be
implemented for any newly-produced industrial solid waste from the
above-mentioned units which pollutes the environment. Those units which
complete within the specified time period construction of the facilities or
sites for storage or disposal of industrial solid waste, or make them conform
with the environmental protection standards through reconstruction, may cease
payment of waste-discharge fees from the day when the construction or
reconstruction is completed. Those units which fail to complete construction
before the deadline or which still cannot meet the standards after
reconstruction shall continue to pay waste-discharge fees until the
construction is completed or the standards are met through reconstruction. The
relevant specific means shall be stipulated by the State Council. The
waste-discharge fees shall be reserved for the prevention and amelioration of
environmental pollution and shall not be appropriated for any other use.
Residential Refuse
administrative departments in charge of environment under urban people's
governments by emptying and piling urban residential refuse at designated
places. Throwing or piling rubbish outside these designated places is
forbidden.
refuse shall, with the purpose of preventing environmental pollution, comply
with the regulations of the state concerning environmental protection and
urban environment.
without delay. Reasonable utilization and neutralization shall be actively
conducted.
residential refuse of different classifications shall be gradually implemented.
the fuel structure and developing urban coal gas, natural gas, liquefied
petroleum gas, and other clean energy resources.
arrange for clean vegetables to enter cities to reduce urban residential
refuse.
comprehensive plans to reasonably arrange a purchasing network and promote the
recycling of waste.
facilities for the cleaning, collection, storage, transport, and disposal of
urban residential refuse.
of urban residential refuse shall be in accordance with the standards of
environmental protection and urban environment stipulated by the
administrative department in charge of environmental protection and the
department in charge of construction under the State Council.
for the disposal of urban residential refuse is forbidden; for those that
require closure, disuse, or dismantling, inspection and approval must be made
by the administrative department in charge of environmental sanitation as well
as the department in charge of environmental protection under the people's
governments at the county level or above in that locality; meanwhile, other
measures shall be adopted to prevent environmental pollution.
remove and dispose of refuse and shall adopt some measures to prevent
environmental pollution.
Chapter IV Special Stipulations on the Prevention of Environmental
Pollution Caused by Dangerous Waste
cure of environmental pollution caused by dangerous waste. Those not mentioned
in this Chapter shall accord with the other regulations of this Law.
protection under the State Council shall draw up a national list of dangerous
waste in conjunction with relevant departments under the State Council, and
stipulate unified differentiating standards, methods, and identification marks
for dangerous waste.
packing materials for dangerous waste and posted at the facilities and sites
for the collection, storage, transport, and disposal of dangerous waste.
register in accordance with the relevant regulations of the state.
them in accordance with the relevant regulations of the state. Those who fail
to properly dispose of the waste will be required to make rectifications
within a specified time period by the administrative department in charge of
environmental protection under the people's governments at the county level or
above in that locality; as to those units which fail to dispose of the waste
before the deadline or which do not carry out disposal in accordance with the
relevant regulations of the state, designated units of the administrative
department in charge of environmental protection under the people's government
at the county level or above in that locality shall undertake to dispose of
the waste for them, and all expenses for disposal shall be born by those units
which have produced the dangerous waste.
of the facilities for the centralized disposal of dangerous waste.
but fail to conform to the regulations of the administrative department in
charge of environmental protection under the State Council shall pay
waste-discharge fees for dangerous waste. The specific means for levying the
discharge fees for dangerous waste shall be stipulated by the State Council.
prevention and amelioration of environmental pollution caused by dangerous
waste and shall not be appropriated for any other use.
the collection, storage, and disposal of dangerous waste shall submit
applications for operational licenses to the administrative department in
charge of environmental protection under the people's government at the county
level or above. The specific means for doing this shall be stipulated by the
State Council.
storage, and disposal of dangerous waste without a operational license or fail
to be in accordance with the regulations of the license.
operational licenses to engage in any operational activities concerning
collecting, storage, and disposal of dangerous waste.
collected and stored separately according to their properties. Mixed
collection, storage, transport, and disposal shall be forbidden for different
dangerous waste materials which are not compatible and which have not
undergone safety processing.
in forms for the transference of dangerous waste in accordance with relevant
state regulations and shall report to the administrative departments in charge
of environmental protection under the local people's governments at the county
level or above in the area from which the waste is being transferred and in
the area which is receiving the waste.
be adopted during transport of dangerous waste; meanwhile, the state
regulations concerning management of the transport of dangerous waste shall be
obeyed.
other items used for the collection, storage, transport, or disposal of
dangerous waste shall be treated to eliminate pollution before they are
diverted for other use.
transport, recycling, and disposal of dangerous waste shall undergo
professional training and testing before being assigned such posts.
and dispose of dangerous waste shall draw up emergency measures and preventive
measures in the event of accidents, and shall report to the administrative
department in charge of environmental protection under the people's
governments at the county level or above in that locality, for a relevant
examination to be conducted by that department.
accidents or emergencies involving dangerous waste shall without delay take
measures to eliminate or decrease the environmental pollution, inform the
units or residents that may suffer from the pollution, and report to the
administrative department in charge of environmental protection and other
relevant departments under the people's governments at the county level or
above in that locality and await investigation and handling.
protection under the local people's governments at the county level or above
shall report without delay to the people's governments at their own level in
the event that dangerous waste seriously pollutes the environment or imperils
the security of residents' lives or property. The people's governments shall
adopt effective measures to eliminate or decrease the harm.
the People's Republic of China is forbidden.
Chapter V Legal Responsibilities
any one of the following actions shall be required to make rectifications
within a specified period of time by the administrative department in charge
of environmental protection under the local people's governments at the county
level or above and shall be subject to a fine.
waste in accordance with state regulations, or guilt of fraud in reporting or
registration;
charge of environmental protection, or guilt of fraud in the course of
inspection;
regulations;
of equipment to be eliminated within a definite time;
sites for prevention and amelioration of environmental pollution caused by
solid waste;
disposal of industrial solid waste or the burial sites for residential refuse
in nature preserves, scenic spots, historic sites, drinking water sources, or
other places which require special protection; or
of the administrative territories of their own provinces, autonomous regions,
or municipalities directly under the Central Government.
paragraph shall be subject to a fine of up to 10,000 yuan; those engaging in
actions mentioned in Item 3 of the preceding paragraph shall be subject to a
fine of up to 50 percent of the amount of the waste-discharge fees paid; those
engaging in actions mentioned in Items 4, 5, 6, or 7 of the preceding
paragraph shall be subject to a fine of up to 50,000 yuan.
selling, importing, or using outmoded equitment or by applying outmoded
productive technology shall be required to make rectifications by the
department in charge of comprehensive economic affairs under the people's
government at the county level or above; if the case is serious, the said
department shall submit an opinion to the people's government at the same
level and order to terminate business or shut down according to the powers
granted by the State Council.
for the prevention and amelioration of solid waste pollution, if the
supplementary construction is put into operation or use before being completed
or before passing the acceptance inspection, the administrative department in
charge of environmental protection which examined the report of the effects of
said construction project on the environment shall order production or
operation to cease, and may levy a fine of up to 10,000 yuan.
to bring their pollution under control within a specified period of time, do
not accomplish the task within the time limit, they shall be subject to a fine
of up to 100,000 yuan, to be determined according to the detrimental effects
they have caused; or they shall be ordered to terminate business or shut down.
administrative department in charge of environmental protection, and the order
to terminate business and shut down shall be made by the people's government
at the county level or above according to the authority granted them by the
State Council.
storage, transport, or disposal of urban residential refuse shall be penalized
according to the State Council's regulations on environmental protection and
urban sanitation.
prevention of dangerous waste pollution, if engaged in any one of the
following actions, the administrative department in charge of environmental
protection under the people's government at the county level or above shall
order to cease said actions and make rectifications within a limited time, and
a fine of up to 50,000 yuan shall be levied.
operational license for the collection, storage, or disposal of said waste;
transference of dangerous waste according to state regulations, or failure to
make a report to the administrative department in charge of environmental
protection under the people's government at the county level or above either
in the area from which the waste is being transferred or in the area which is
receiving the waste;
waste which are not compatible and which have not undergone safety processing;
passengers;
disposal fees according to law; or
or other items used for the collection, storage, transport, or disposal of
dangerous waste without first eliminating all pollutants.
dangerous waste without an operating license or in contradiction to the
operating license, the administrative department in charge of environmental
protection under the people's government at the county level or above shall
order the cessation of any illegal activity, confiscate any illegal gains, and
may impose a fine of up to the amount of the illegal gains.
activities of the preceding paragraph may result in the cancellation of the
operating license by the license-issuing agency.
solid waste from outside China and dump, store, or dispose of the waste inside
the country, and those who import solid waste for use as a raw material
without permission from the relevant authoritative department under the State
Council, shall be ordered by the customs office to ship the solid waste back,
and may be subject to a fine between of 100,000 and 1,000,000 yuan. Evasion of
customs office supervision constitutes smuggling and shall be prosecuted as a
criminal act.
waste that cannot be utilized as a raw material shall be penalized according
to the regulations of preceding paragraph.
transport dangerous waste through the territory of the People's Republic of
China, shall be ordered by the customs house to ship the dangerous waste back,
and may be subject to a fine of between 50,000 and 500,000 yuan.
administrative department in charge of environmental protection under the
people's government at the provincial level or above shall, according to law,
submit suggestions for the handling of the waste to the customs office, and
the custom office shall make a decision concerning punishment according to
Article 66 of this Law. If environmental pollution has been produced, the
administrative department in charge of environmental protection under the
people's government at the provincial level or above shall order the importer
to eliminate the pollution.
solid waste pollution, shall be subject to a fine of up to 100,000 yuan by the
administrative department in charge of environmental protection under the
people's government at the county level or above. If heavy losses have
occurred, the fine shall be 30 percent of the direct losses, but shall not
exceed 500,000 yuan. The person in charge and other personnel of the polluting
unit who have direct responsibility for the losses shall be subject to
disciplinary actions by the unit to which they belong, or by the authoritative
government department.
not be withheld by any unit or individual.
has the right to demand, according to law, compensation for losses.
shall be mediated, at the request of the parties concerned, by the
administrative department in charge of environmental protection or other
supervisory and administrative departments in charge of the prevention of
environmental pollution caused by solid waste. In the case of unsuccessful
mediation the parties concerned may present the case to the people's court, or
the parties concerned may present the lawsuit directly to the people's court
without prior mediation.
collect, store, or dispose of dangerous waste resulting in serious
environmental pollution with serious consequences such as heavy losses to
state or private property or personal injury, shall be prosecuted for criminal
liability according to Article 115 or Article 187 of the Criminal Law.
person in charge and other personnel who are directly responsible for the
losses shall be prosecuted for criminal liability according the regulations of
the preceding paragraph.
remedy of solid waste pollution abuse their authority, neglect their duties,
play favoritism, or commit irregularities to such a degree as to constitute
criminal action, they shall be prosecuted for criminal liability. Those whose
actions do not constitute a crime shall be subject to disciplinary action.
Chapter VI Supplementary Articles
produced during production or construction activities, daily life, or other
activities, and which pollute the environment.
industry, transportation, etc.
daily life, or which results from the activities that serve urban daily life.
It also includes those solid wastes that are specified by laws and
administrative regulations as urban residential refuse.
placed on the national list of dangerous waste, or which is specified as
dangerous waste by the differentiating standards and methods established by
the state.
chemical, or biological qualities of solid waste so as to reduce the amount
and the volume of the solid waste which has been produced, or reduce or
eliminate its dangerous components. Disposal also refers to such activities
which ultimately deposit, with no intent to reclaim, the solid waste in sites
or facilities which meet environmental protection standards.
waste and gas waste which is stored in containers, but not to waste water
which is discharged into water, nor to waste gas emitted into the air.
environment against solid waste pollution to which the People's Republic of
China is a signatory is at variance with this Law, the former shall be taken
as the standard, except for those provisions for which the People's Republic
of China has declared reservations.
Appendix Related Articles in the Criminal Law
explosive, inflammable, radioactive, poisonous, or corrosive substances, which
result in serious accidents or heavy losses during the process of production,
storage, transportation, or handling of said substances shall be subject to up
to three year's imprisonment or criminal dentention; if the case is very
serious, it shall be subject to imprisonment between three and seven years.
heavy losses to public property or to the interests of the state or the people
shall be subject to up to five year's imprisonment or criminal detention.
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