Law of the PRC on the Prevention and Control of Environmental Pollution by Solid Waste
CHAPTER I GENERAL PROVISIONS
CHAPTER II SUPERVISION AND MANAGEMENT OF THE PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY SOLID WASTE
CHAPTER III PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY SOLID WASTE
SECTION 1 BASIC PROVISIONS
SECTION 2 PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY INDUSTRIAL SOLID WASTE
SECTION 3 PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY URBAN HOUSE REFUSE
CHAPTER IV SPECIAL PROVISIONS ON PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY HAZARDOUS WASTE
CHAPTER V LEGAL RESPONSIBILITY
CHAPTER VI SUPPLEMENTARY PROVISIONS
Article 1 This Law is enacted for the purpose of preventing and controlling environmental pollution by solid waste, safeguarding
human health and promoting the development of socialist modernization drive.
Article 2 This Law shall apply to the prevention and control of environmental pollution by solid waste within the territory
of the People’s Republic of China.
This Law shall not apply to the prevention and control of marine environmental pollution by solid waste or of environmental
pollution by radioactive solid waste.
Article 3 The State shall, in preventing and controlling environmental pollution by solid waste, implement the principles of reducing
the discharge of solid waste, fully and rationally utilizing solid waste, and making it hazardless through treatment.
Article 4 The State encourages and supports clean production and reduced discharge of solid waste.
The State encourages and supports the comprehensive use of resources, full recovery and rational utilization of solid waste,
and adopts economic and technical policies and measures that facilitate the comprehensive use of solid waste.
Article 5 The State encourages and supports adoption of measures for centralized treatment of solid waste in favor of environmental
protection.
Article 6 The people’s governments at or above the county level shall include the prevention and control of environmental pollution by
solid waste into their environmental protection programs and adopt economic and technical policies and measures to facilitate
the prevention and control of environmental pollution by solid waste.
Article 7 The State encourages and supports scientific research, technological development, and dissemination of advanced prevention
and control technology as well as of scientific knowledge in the field of prevention and control of environmental pollution
by solid waste.
Article 8 The people’s governments at various levels shall give awards to units and individuals that have achieved outstanding successes
in the prevention and control of environmental pollution by solid waste and in its comprehensive use.
Article 9 Any unit and individual shall have the obligation to protect the environment and shall have the right to report or file
charges against units or individuals that cause environmental pollution by solid waste.
Article 10 The competent administrative department of environmental protection under the State Council shall conduct unified supervision
and management of the prevention and control of environmental pollution by solid waste throughout the country. The relevant
departments under the State Council shall be responsible for supervision and management of the prevention and control of environmental
pollution by solid waste within their respective functions and responsibilities.
The competent administrative departments of environmental protection of the local people’s governments at or above the county
level shall conduct unified supervision and management of the prevention and control of environmental pollution by solid waste
within their administrative areas. The relevant departments of local people’s governments at or above the county level
shall be responsible for supervision and management of the prevention and control of environmental pollution by solid
waste within their respective functions and responsibilities.
The competent administrative department of construction under the State Council and the competent administrative departments
of environmental sanitation of the local people’s governments at or above the county level shall be responsible for supervision
and management with regard to cleaning up, collection, storage, transportation and treatment of urban house refuse.
CHAPTER II SUPERVISION AND MANAGEMENT OF THE PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY SOLID WASTE
Article 11 The competent administrative department of environmental protection under the State Council shall establish a system
for monitoring environmental pollution by solid waste, formulate unified monitoring standards and, in conjunction with relevant
departments, set up a monitoring network.
Article 12 Construction of projects which discharge solid waste and of projects for storage and treatment of solid waste must be carried
out in compliance with the relevant State regulations concerning the management of environmental protection in respect of construction
projects.
In the statement of the effect to be occasioned on the evironment by a construction project must include an assessment of the pollution
of and effect on the environment by the solid waste to be discharged by the construction project and measures for the
prevention and control of environmental pollution, and the statement must be submitted, according to the procedure prescribed
by the State, to the competent administrative department of environmental protection for approval. The competent authorities
for the examination and approval of construction projects may ratify the feasibility study report or the design plan descriptions
of the construction project only after the statement of environmental effect has been approved.
Article 13 The necessary supporting installations for the prevention and control of environmental pollution by solid waste specified
in the statement of the effect of the construction project must be designed, built and put into operation simultaneously
with the main part of the project. The construction project may be put into production or use, only after the installations
for the prevention and control of environmental pollution by solid waste are examined and considered up to standards
by the competent administrative department of environmental protection that examined and approved the statement of environmental
effect. The installations for the prevention and control of environmental pollution by solid waste must be checked
and accepted at the same time as the main part of the project is checked and accepted.
Article 14 The competent administrative department of environmental protection of 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, in accordance with their respective functions and responsibilities, have the right to conduct on-the-spot inspection
of units within their jurisdiction that have to do with the prevention and control of environmental pollution by solid waste.
Units under inspection shall truthfully report the situation and provide the necessary information. The inspection
authorities shall keep confidential the technological know-how and business secrets of the units inspected.
Inspectors shall show their identification papers when they conduct on- the-spot inspection.
CHAPTER III PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY SOLID
Article 15 Units and individuals that discharge solid waste shall adopt measures to prevent or reduce environmental pollution by solid waste.
Article 16 Units and individuals that collect, store, transport, utilize or treat solid waste must take measures to prevent the scattering,
running off, leaking and seeping of solid waste, as well as other measures against environmental pollution.
It is not allowed to discard or let drop solid waste on the road during its transportation.
Article 17 Products shall be packaged with materials that are easy to be recycled or treated, or easy to dissolve or be absorbed
in the environment.
Producers, sellers and users of products shall, in accordance with the relevant State regulations, recycle the packaging
materials and containers of products that can be recycled.
Article 18 The State encourages research institutions and production units to research and manufacture agricultural film that is easy
to be recycled or treated, or easy to dissolve or be absorbed in the environment.
Units and individuals that use agricultural film shall take measures to recycle it or other measures to prevent or reduce
environmental pollution by agricultural film.
Article 19 Management and maintenance of installations, equipment and places for collection, storage, transportation and treatment of
solid waste shall be improved so as to ensure their normal operation and function.
Article 20 It is forbidden to close down, leave idle or dismantle, without authorization, installations or places for the prevention
and control of environmental pollution by industrial solid waste. Where it is necessary to do so, prior verification and approval
shall be obtained from the competent administrative department of environmental protection of the local people’s government
at or above the county level, and measures shall be taken to prevent environmental pollution.
Article 21 If an enterprise or institution causes severe environmental pollution with solid waste, it shall be required to bring it
under control within a time limit. The enterprise or institution must complete the task within the specified period of time.
The decision on the control of pollution within a specified period of time shall be made by the people’s government at
or above the county level in accordance with the limits of authority as prescribed by the State Council.
Article 22 Within the nature reserves, scenic spots or historical sites, and areas of source of drinking water as designated by the
State Council, the relevant competent department under the State Council and the people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government and other zones that need special protection,
it is forbidden to construct installations or use the places for centralized storage and treatment of industrial solid waste
or garbage-fill ground.
Article 23 Transport of solid waste out of the administrative region of a province, autonomous region or municipality directly under the
Central Government for storage or treatment shall be reported to the competent administrative department of environmental
protection of the people’s government at the provincial level in the region where the solid waste is to be moved out,
and shall be subject to the permission of the competent departments of administrative environmental protection of the people’s
government at the provincial level in the region where the solid waste is to be accepted.
Article 24 It is forbidden for solid waste from abroad to be dumped, piled up or treated in the territory of China.
Article 25 The State forbids the import of solid waste that cannot be used as raw material, and restricts the import of solid waste that
can be used as raw material.
The competent administrative department of environmental protection under the State Counicl shall, in conjunction with
the competent administrative department of foreign ecconomic relations and trade under the State Council, prepare, readjust
and publish a catalog of solid waste which may be imported as raw material. The solid waste that is not included in the catalog
is forbidden to be imported.
If it is really necessary to import as raw material the solid waste that is included in the catalog stipulated in the preceding
paragraph, examination must be conducted by the competent administrative department of environmental protection in conjunction
with the competent administrative department of foreign economic relations and trade under the State Counicl and permission
must be obtained from them in advance. Specific measures therefor shall be formulated by the State Council.
SECTION 2 PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY
Article 26 The Competent administrative department of environmental protection under the State Council shall, jointly with the competent
department in charge of comprehensive administration of economic affairs under the State Council, define the environmental
pollution by industrial solid waste, work out technical policies regarding the prevention and control thereof, and
organize the dissemination of advanced production techniques and equipment for the prevention and control of environmental
pollution by industrial solid waste.
Article 27 The competent department in charge of comprehensive administration of economic affairs under the State Council shall,
jointly with other relevant departments under the State Council, organize the research, development and dissemination
of the production techniques and equipment that will serve to reduce the discharge of industrial solid waste, and promulgate
the list of backward production techniques and equipment that discharge industrial solid waste causing severe environmental
pollution and that should be eliminated within a specified period of time.
Producers, sellers, importers or users must stop producing, selling, importing or using the equipment included in the list stipulated
in the preceding paragraph within the period of time specified by the competent department in charge of comprehensive administration
of economic affairs in conjunction with other relevant departments under the State Council. Users of the production techniques
must stop the process techniques included in the list mentioned in the preceding paragraph within the period of time
specified by the competent department in charge of comprehensive administration of economic affairs jointly with other
relevant departments under the State Council.
Equipment eliminated in accordance with the preceding two paragraphs shall not be transferred to another for use.
Article 28 The relevant departments of the people’s governments at or above the county level shall formulate a program for the prevention
and control of environmental pollution by industrial solid waste, disseminate the advanced production techniques
and equipment which can reduce the discharge of industrial solid waste, and promote the prevention and control of
environmental pollution by industrial solid waste.
Article 29 Units discharging industrial solid waste must establish and improve the responsibility system for the prevention and control
of environmental pollution and adopt measures for the prevention and control of environmental pollution by industrial
solid waste.
Article 30 Enterprises and institutions shall rationally select and use raw materials, energy and other resources, and adopt advanced production
techniques and equipment, thereby reducing the discharge of industrial solid waste.
Article 31 The State institutes a system of report and registration for industrial solid waste.
Units discharging industrial solid waste must, in accordance with the regulations of the competent administrative department
of environmental protection under the State Council, provide information about the quantity, flow direction, storage
treatment and other matters concerning industrial solid waste to the competent administrative department of environmental
protection of the local people’s government at or above the county level in the place where such units are located.
Article 32 Enterprises and institutions must, in accordance with the regulations of the competent administrative department of environmental
protection under the State Council, build installations and sites for storage or treatment of unrecyclable or temporarily
unrecyclable industrial solid waste they discharge.
Article 33 Whoever stores in open air metallurgical slag, residue of chemical industry, cinder of burned coal, ettle, ore tailings or
other industrial solid waste shall build special installations and sites for the purpose.
Article 34 Installations and sites built for storage or treatment of industrial solid waste must comform to the standards for environmental
protection prescribed by the competent administrative department of environmental protection under the State Council.
If, before implementation of this Law, units discharging industrial solid waste did not build installations and sites
for storage and treatment of industrial solid waste as stipulated in Article 32 of this Law, or such installations and sites
do not conform to the standards for environmental protection, such installations and sites must be built or renovated within
a specified period of time; during this period pollution discharge fee for newly-discharged industrial solid waste that
pollutes the environment shall be paid or other measures adopted. If a unit that chooses to pay pollution discharge fee
has completed the building of installations and sites for storage and treatment of industrial solid waste ahead of
the time limit or through renovation has made such installations and sites conform to the standards within the time limit,
the unit shall no longer pay the pollution discharge fee from the day of completion of the building or renovation; if within
the specified period of time, construction for such installations and sites has not been completed or they have not conformed
to the standards of environmental protection after renovation, the unit shall continue to pay the pollution discharge fee
until such installations and sites are built or conform to the standards for environmental protection after renovation.
The specific measures therefor shall be prescribed by the State Council. Pollution discharge fee shall be used for the prevention
and control of environmental pollution and shall not be appropriated for other purposes.
SECTION 3 PREVENTION AND CONTROL OF ENVIRONMENTAL POLLUTION BY URBAN
Article 35 All units and individuals shall, in compliance with the regulations of the competent administrative department of environmental
sanitation of an urban people’s government, dump and pile up house refuse in designated places, and may not discard
it or pile it up anywhere else at will.
Article 36 Urban house refuse shall be stored, transported and treated in compliance with the State regulations concerning environmental
protection and environmental sanitation in urban areas, thus preventing environmental pollution.
Article 37 Urban house refuse shall be cleaned up and transported away without delay, and efforts shall be made to carry out rational
utilization and to turn it into something harmless through treatment.
Classified collection, storage, transportation and treatment of urban house refuse shall be achieved step by step.
Article 38 Urban people’s governments shall, in a planned way, improve the composition of fuel, and develop coal gas, natural gas, liquefied
gas and other clean energy for use in urban areas.
Relevant departments of an urban people’s government shall arrange for the supply of clean vegetables to cities and towns, in
order to reduce urban house refuse.
Relevant departments of an urban people’s government shall make an overall plan and rational arrangement for establishing a
collecting and purchasing network so as to promote the recycling of waste materials.
Article 39 Urban people’s governments shall build supporting installations for the cleaning up, collection, storage, transportation
and treatment of urban house refuse.
Article 40 Installations and sites for treatment of urban house refuse must be built in compliance with the standards for environmental
protection and urban environmental sanitation prescribed by the competent administrative department of environmental
protection under the State Council and the competent administrative department of construction under the State Council.
It is forbidden to close, leave idle or dismantle installations and sites for treatment of urban house refuse without authorization.
If it is really necessary to close, leave idle or dismantle such installations and sites, it shall be subject to the verification
and approval by the competent administrative department of environmental sanitation and the competent administrative department
of environmental protection of the local people’s government at or above the county level, and measures must be taken to
prevent environmental pollution.
Article 41 Construction units shall, in the course of construction, have their refuse promptly cleaned up, moved away and disposed of, and
adopt measures to prevent environmental pollution.
CHAPTER IV SPECIAL PROVISIONS ON PREVENTION AND CONTROL OF ENVIRONMENTAL
Article 42 The provisions of this Chapter shall apply to the prevention and control of environmental pollution by hazardous waste. Where
it is not covered by this Chapter, other relevant provisions of this Law shall apply.
Article 43 The competent administrative department of environmental protection under the State Council shall, jointly with other relevant
departments under the State Council, formulate a national catalog of hazardous waste, lay down unified criteria and methods
for identifying and distinguishing hazardous waste.
Article 44 A distinguishing mark of hazardous waste must be put on the containers and packages of hazardous waste as well as on
the installations and sites for collection, storage, transportation and treatment of hazardous waste.
Article 45 Units discharging hazardous waste must report and register according to the relevant regulations of the State.
Article 46 Units discharging hazardous waste must treat the waste in accordance with relevant State regulations. Otherwise, the competent
administrative department of environmental protection of the local people’s government at or above the county level shall
order them to set it right within a specified period of time. If a unit fails to treat the waste within the specified period
of time, or if it has done it but not in conformity with the relevant State regulations, the competent administrative
department of environmental protection of the local people’s government at or above the county level shall assign other
units to treat the waste in accordance with relevant State regulations, and, the units discharging hazardous waste shall
bear the costs of treatment.
Article 47 Urban people’s governments shall arrange for the construction of installations for centralized treatment of hazardous waste.
Article 48 In disposing of hazardous waste by the land-fill method, the unit that failed to comply with the regulations of the competent
administrative department of environmental protection under the State Council shall pay fees for discharge of hazardous
waste. The specific measures for imposition of such fees shall be prescribed by the State Council.
Fees for discharge of hazardous waste shall be used for the prevention and control of environmental pollution by hazardous waste
and shall not be appropriated for other purposes.
Article 49 Units engaged in collection, storage and treatment of hazardous waste must apply to the competent administrative department
of environmental protection of the people’s government at or above the county level for the operation license. Specific
measures for the administration thereof shall be prescribed by the State Council.
It is forbidden to collect, store or treat hazardous waste without an operation license or against the provisions of the operation
license.
It is forbidden to supply or entrust hazardous waste to units that do not have the operation license for collection, storage
and treatment.
Article 50 Hazardous wastes must be collected and stored separately according to their different characteristics. It is forbidden
to collect, store, transport and treat mixed hazardous wastes of incompatible nature that have not undergone safety
treatment.
It is forbidden to store hazardous waste mixed with unhazardous waste.
Article 51 Whoever transfers hazardous waste, must, according to relevant State regulations, fill in duplicate forms for transfer
of hazardous waste and report to the competent administrative departments of environmental protection of the local people’s
governments at or above the county level in the places where the hazardous waste is to be moved out or moved in.
Article 52 Whoever transports hazardous waste must adopt measures for the prevention and control of environmental pollution and observe
State regulations on the control of transportation of hazardous goods.
It is forbidden to carry hazardous waste and passengers in the same transport vehicle.
Article 53 When sites, installations, equipment as well as containers, packages and other articles for the collection, storage, transportation
and treatment of hazardous waste are to be used for other purposes, they can be put to use only after treatment to eliminate
pollution.
Article 54 Persons who are directly engaged in the collection, storage, transportation, utilization and treatment of hazardous waste
shall receive professional training and shall be allowed to take up such jobs only after they pass due examinations.
Article 55 Units discharging, collecting, storing, transporting, using or treating hazardous waste shall work out emergency and protection
measures to be adopted in case of accident, and report such to the competent administrative department of environmental
protection of the local people’s government at or above the county level, which shall conduct inspection.
Article 56 Units that have caused severe environmental pollution by hazardous waste due to accident or other unexpected events
must immediately take measures to eliminate or reduce the danger and damage of environmental pollution, promptly inform the
units and residents that may be harmed by the pollution, in the meantime, report to the competent administrative department
of environmental protection of the local people’s government at or above the county level and other relevant departments,
and be ready for investigation and settlement of the matter.
Article 57 When severe environmental pollution by hazardous waste has happened, thus threatening the safety of the lives and property
of residents, the competent administrative department of environmental protection of the local people’s government at or
above the county level must immediately report to the people’s government at the corresponding level. The people’s government
shall take effective measures to eliminate or reduce the danger and damage.
Article 58 It is forbidden to transfer hazardous waste via the territory of the People’s Republic of China.
Article 59 If anyone, in violation of the provisions of this Law, commits any of the following acts, the competent administrative
department of environmental protection of the people’s government at or above the county level shall order him to put
it right within a specified period of time and impose a penalty on him:
(1) failing to report and register industrial solid waste or hazardous waste, as prescribed by the State, or resorting
to deception in reporting and registering;
(2) refusing an on-the-spot inspection by the competent administrative department of environmental protection or resorting to
deception while undergoing inspection;
(3) failing to pay, as prescribed by the State, the fee for discharge of pollutants;
(4) transferring, for use by another, the eliminated equipment that is included in the list of equipment to be eliminated within
a specified period of time;
(5) closing, leaving idle or dismantling installations or sites for the prevention and control of environmental pollution by solid
waste without authorization;
(6) constructing installations or sites for centralized storage or treatment of industrial solid waste or land-filling
sites for house refuse in nature reserves, scenic spots or historical sites, areas of source of drinking water or other zones
that need special protection; or
(7) transferring solid waste out of the administrative area of a province, autonomous region or municipality directly under
the Central Government for storage and treatment without authorization.
Anyone who commits the act specified in sub-paragraph (1) or (2) of the pr
