Laws of the Guangdong Province

Rules of the Shenzhen Special Economic Zone on the Implementation of Law of the People' s Republic of China on the Prevention and Control of the Environmental Pollution of Solid Wastes

(Adopted at the Thirteenth Meeting of the Standing Committee of the Second Shenzhen Municipal People' s Congress on February 26, 1997, promulgated by Public Notice No. 42 of the Standing Committee of the Shenzhen Municipal People' s Congress on February 26, 1997)

       Article 1 In order to prevent and control the environmental pollution of solid wastes, guarantee human health, and promote economic development, these rules are hereby formulated in accordance with Law of the People' s Republic of China on the Prevention and Control of the Environmental Pollution of Solid Wastes and in the light of the practical conditions of the Shenzhen Special Economic Zone.

       Article 2 These rules shall apply to the prevention and control of the pollution of the solid wastes brought by production and operation.

       These rules shall apply to the prevention and control of the pollution of dangerous wastes.

       As for urban consumer wastes (including the wastes brought during the process of construction), the other rules shall be formulated.

       Article 3 The administrative department of environmental protection of the Shenzhen Municipal People' s Government (hereinafter referred to as the municipal department of environmental protection) and the administrative departments of environmental protection of district people' s governments (hereinafter referred to as the district department of environmental protection) shall conduct the unitary supervision and administration of the prevention and control of solid wastes pollution in their respective jurisdictions according to law.

       The other related departments of the municipal, district people' s governments shall conduct the supervision and administration of solid wastes pollution according to their respective duties.

       Article 4 The municipal department of environmental protection shall, based on economic and technological conditions, formulate the technological standards of the prevention and control of solid wastes pollution, report the standards to the Shenzhen Municipal People' s Government and implement them after approval.

       Article 5 The municipal, district departments of environmental protection shall organize the construction of facilities for centralized control of solid wastes and the centralized treatment and disposal of solid wastes.

       Those using the facilities for centralized control of solid wastes to treat and dispose solid wastes shall pay for the treatment and disposal fees, and the rates of these fees shall be set by the Shenzhen Municipal People' s Government.

       Article 6 The construction of facilities for centralized control of solid wastes shall accord with the plan of environmental protection, an environmental impact evaluation shall be done during the stage of setting up the project and reported to the municipal department of environmental protection for approval, before the construction starts, an environmental risk evaluation and technological evaluation shall be done and reported to the municipal department of environmental protection for approval.

       The environmental risk evaluation shall be undertaken by a professional institution approved by the state.

       Article 7 Units and individuals may undertake the centralized operation to collect, treat, dispose solid wastes, but have to obtain the attestation of technological qualifications for environmental protection industry from the municipal department of environmental protection.

       Article 8 The personnel who are directly engaged in the operation of collection, treatment, disposal of solid wastes shall go through the specialty training of the municipal department of environmental protection, pass the examination to be qualified, obtain Certificate to Go on Duty, and then may take up posts.

       Article 9 The units and individuals who have generated solid wastes shall integrate the prevention and control of solid wastes pollution into the management of production and operation, adopt advanced techniques and technology of production, reduce the amount, types, sources of solid wastes, and put solid wastes into recycling.

       Article 10 Medical units shall dispose their medical wastes by burning.

   The wastes with pathogeons which come from chemical industry, biological products manufacturing, scientific research, slaughter or other sources shall go through neutralizing treatment.

       The wastes referred to in the previous two sections shall not be mixed up with other wastes and refuse in the process of collecting, shipping, and dumping.

       Article 11 The solid wastes such as waste tires, waste storage batteries, waste electronic appliances, etc. shall be recycled; if there is lack of conditions for recycling, they shall not be abandoned and dumped at will, but handed over to the units which have technology and equipments to do recycling.

       Article 12 Facilities to receive solid wastes and containers to store solid wastes shall be set up as accessories in the construction of harbors, docks, airports,.

       Article 13 The units and individuals who have generated solid wastes shall take measures to prevent the solid wastes, which are to be shipped, from leaking, washing away, and scattering, and to keep them in safe storage.

       Article 14 The shipping of solid wastes shall be done with appropriate technology, equipments, and, if it is possible, such shipping shall be kept off the urban main streets, residential areas, sanatorium areas, protective zone of drinking water sources, natural preservation areas, and other special areas of environmental protection.

       If scattering, leaking, and washing away take place in the process of shipping, the shipping shall be stopped immediately, and corresponding measures shall be taken to eliminate pollution

       Article 15 If solid wastes are disposed by landfill, measures shall be taken to prevent seeping, scattering and to do monitoring.

       The close of a landfill shall be examined and accepted by the municipal or district department of environmental protection; after the landfill is closed, monitoring, management, and safety control shall be strengthened, and vegetation shall be restored.

       Article 16 If the land which was used as a site of storage, landfill of solid wastes needs to be developed, an environmental impact evaluation shall be done and reported to the municipal department of environmental protection for approval.

       Article 17 It shall be prohibited to import solid wastes, except the state has other stipulations.

       Article 18 If it is indeed necessary to transfer solid wastes because of  comprehensive utilization of solid wastes or utilization of solid wastes as energy sources and raw materials of production, the following rules shall be complied with:

(1)   in case of bringing in solid wastes from other provinces, it shall be examined by the municipal department of environmental protection in the first place and then reported to the department of environmental protection of Guangdong Province for approval, and the through bill of transfer of solid wastes signed by the department of environmental protection of the province where the wastes come from shall be presented also;

(2)   in case of bringing in solid wastes from other regions of the Guangdong Province, it shall be reported to the municipal department of environmental protection for approval, and the through bill of transfer of solid wastes signed by the department of environmental protection of the region, city where the wastes come from shall be presented also;

(3)   in case of transferring of solid wastes between the inside and the outside of this city and the Special Zone, it shall be reported to the municipal department of environmental protection for approval. 

Article 19 The units and individuals who have generated dangerous wastes shall

establish the post responsibility system and the management files of dangerous wastes, assign full-time persons to be responsible for collection and management of dangerous wastes, and hand over dangerous wastes to the units with appropriate qualifications to ship, treat, and dispose.

       Article 20 The dangerous wastes to be shipped shall be stored in special containers which meet the prescriptions of the municipal department of environmental protection; those who ship dangerous wastes shall fill out the through bill of transfer of dangerous wastes, and report to the municipal, district department of environmental protection the types, quantities, destinies, etc. of dangerous wastes.

       Article 21 For the wastes which are not enumerated in the state' s list of dangerous wastes, but have the features of dangerous wastes and need to be put under strict control, the municipal department of environmental protection may formulate the Shenzhen Municipality' s supplementary list of dangerous wastes according to the standards and methods of identification of dangerous wastes and report it to the Shenzhen Municipal People' s Government and implement it after approval.

       Law of the People' s Republic of China on the Prevention and Control of the Environmental Pollution of Solid Wastes and these rules shall apply to the prevention and control of the wastes enumerated in the Shenzhen Municipality' s supplementary list of dangerous wastes.

       Article 22 If anyone takes one of the following acts, the municipal, district departments of environmental protection shall order correction; if the correction has not been done after the deadline, a fine of more than 5,000 but less than 10,000 RMB shall be imposed; if the circumstances are serious, a fine of more than 10,000 but less than 30,000 RMB shall be imposed:

(1)   to discard, dump waste tires, waste storage batteries, waste electric appliances and other recyclable wastes;

(2)   to fail to establish the management files of dangerous wastes.

Article 23 If anyone takes one of the following acts, the municipal, district

department of environmental protection shall order correction by a deadline, and impose a fine of more than 10,000 but less than 30,000 RMB; if the circumstances are serious, a fine of more than 30,000 but less than 50,000 RMB shall be imposed:

(1)   to engage in collection, storage, transportation, treatment, disposal of solid wastes without appropriate qualifications;

(2)   to cause environmental pollution by leaking, washing away, scattering of solid wastes;

(3)   to hand over solid wastes to unqualified units or individuals for collection, transportation, treatment, disposal or to fail to transfer solid wastes according to the rules;

(4)   to idle, dismantle, remove the facilities for treatment and disposal of solid wastes without authority, or to cause environmental pollution in the process of treatment and disposal of solid wastes.

Article 24 If anyone takes one of the following acts, the municipal, district

department of environmental protection shall order correction by a deadline, and impose a fine of more than 20,000 but less than 50,000 RMB; if the circumstances are serious, a fine of more than 50,000 but less than 100,000 RMB shall be imposed:

(1)   to fail to do sterilization and neutralizing treatment of the wastes brought by medical treatment, slaughter, chemical industry, biological products, etc., or to discharge these wastes by mixing them up with other refuse;

(2)   to dump solid wastes without authorization, or to fail to use solid wastes as the filling for land re-cultivation according to the rules, or to develop without authorization the land which has been used as a site of storage, landfill of solid wastes;

(3)   to fail to set up special containers to collect, store dangerous wastes according to the rules, or to fail to store, ship dangerous wastes according to classification;

(4)   to ship dangerous wastes with the conveyances which do not meet the requirements, or to discard, scatter dangerous wastes in the process of shipping;

(5)   to fail to take measures to prevent pollution according to the rules in the process of treatment, disposal of dangerous wastes;

(6)   to shut down or close a landfill of solid wastes or dangerous wastes without authorization.

Article 25 If anyone starts to construct or use facilities for treatment, disposal of

solid wastes without approval of the municipal department of environmental protection, the municipal department of environmental protection shall order to stop construction or use, and may impose a fine of more than 50,000 but less than 100,000 RMB.

       Article 26 If anyone who has not corresponding qualifications is engaged in collection, storage, transportation, or treatment, disposal of dangerous wastes without authorization, the municipal department of environmental protection shall confiscate illegal earnings, and impose a fine of more than 50,000 but less than 100,000 RMB or a fine of twice as much as illegal earnings.

       Article 27 In case of failure to pay a fine after a deadline, 3% of the fine per day when the fine is overdue shall be added to the original fine; in case of failure to correct by a deadline according to order, the municipal, district departments of environmental protection may designate others to execute the order instead, the resultant expenses shall be born by the person who has refused to correct.