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Standing Committee of the National People’s Congress of the People’s Republic of China
Order of the President of the People’s Republic of China
No. 31
The Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes was amended and
adopted at the 13th session of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on
December 29, 2004, and the amended Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution
by Solid Wastes is hereby promulgated and shall come into force as of April 1, 2005.
President of the People’s Republic of China: Hu Jintao
December 29, 2004
Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes
Chapter I General Provisions
Article 1
This Law is formulated for the purpose of preventing and controlling environmental pollution by solid wastes, safeguarding human health,
maintaining the ecological safety and promoting the sustainable development of economy and society.
Article 2
This Law shall be applicable to the prevention and control of environmental pollution by solid wastes within the territory of the
People’s Republic of China.
This Law shall not be applicable to the prevention and control of marine environmental pollution by solid wastes or of environmental
pollution by radioactive solid wastes.
Article 3
The State shall, in preventing and controlling environmental pollution by solid wastes, implement the principles of reducing the discharge
amount and harmfulness of solid wastes, fully and rationally utilizing solid wastes and making them through non-hazard treatment
so as to promote cleaner production and the development of recycling economy.
The State shall adopt economic and technical policies and measures in favor of the comprehensive use of solid wastes, and carry out
the fully recovery and rationally utilize to the solid wastes.
The State shall encourage and support to adopt the beneficial measures in favor of the environmental protection by centralized treatment
of solid wastes and promote the industrial development of prevention and control of environmental pollution by solid wastes.
Article 4
The people’s governments at or above the county level shall incorporate the prevention and control of environmental pollution by solid
wastes into national economy and the social development plan and adopt economic and technical policies and measures to facilitate
the prevention and control of environmental pollution by solid wastes.
When relevant departments of the State Council, the people’s governments at or above the county level and the relevant departments
thereof formulate plans regarding urban-rural construction, land use, regional development and industrial development, they shall
plan as a whole to take such factors into account to reduce the discharge amount and harmfulness of solid wastes and to promote
comprehensive use and non-harm treatment of solid wastes.
Article 5
For the prevention and control of environmental pollution by solid wastes, the State implements the principle that any entity or individual
causing the pollution shall be responsible for it in accordance with law.
The manufacturers, sellers, importers and users shall be responsible for the pollution prevention and control to solid wastes produced
by them .
Article 6
The State shall encourage and support scientific research on prevention and control of environmental pollution by solid wastes, technological
development and the promotion of advanced prevention and control technologies as well as dissemination of scientific knowledge in
the field of prevention and control of environmental pollution by solid wastes.
The people’s governments at all levels shall strength the publicity and education on the prevention and control of environmental pollution
by solid wastes and advocate favorable production methods and living styles in favor of the environmental protection.
Article 7
The State shall encourage the entities and individuals to purchase and use reproduced products and reusable products.
Article 8
The people’s governments at all levels shall give awards to the entities and individuals that have achieved outstanding successes
in the prevention and control of environmental pollution by solid wastes and in relevant activities of comprehensive use.
Article 9
All entities and individuals shall have the obligation to protect the environment and shall have the right to report or file charges
against those entities or individuals that cause environmental pollution by solid wastes.
Article 10
The administrative competent department of environmental protection of the State Council shall conduct unified supervision and management
of the prevention and control of environmental pollution by solid wastes throughout the country. The relevant departments of the
State Council shall be responsible for supervising and managing the prevention and control of environmental pollution by solid wastes
within their respective functions.
The administrative competent departments of environmental protection of the local people’s governments at or above the county level
shall conduct unified supervision and management to the prevention and control work on environmental pollution by solid wastes
within their own 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 wastes within their
respective functions.
The administrative competent department of construction of the State Council and the administrative competent departments of environmental
sanitation of the local people’s governments at or above the county level shall be responsible for supervising and administering
the cleaning, collection, storage, transportation and disposal of living wastes.
Chapter II Supervision and Administration of the Prevention and Control of Environmental Pollution by Solid Wastes
Article 11
The administrative competent department of environmental protection of the State Council shall, pursuant to state environmental quality
standards and state economic and technical conditions, formulate state technical standards on the prevention and control of environmental
pollution by solid wastes in collaboration with the relevant administrative competent departments of the State Council.
Article 12
The administrative competent department of environmental protection of the State Council shall establish a system for monitoring environmental
pollution by solid wastes, formulate unified monitoring standards and, in conjunction with relevant departments, set up a monitoring
network.
The administrative competent departments of environmental protection of people’s government in large and medium-sized cities shall
regularly issue the types, discharging amount, disposal conditions and other information regarding the solid wastes.
Article 13
The construction of projects which discharge solid wastes and the construction of projects for storage, use and treatment of solid
wastes shall be carried out the appraisal regarding their effects on environment according to law and in compliance with the relevant
state regulations concerning the management of environmental protection in respect of construction projects.
Article 14
The necessary supporting facilities for the prevention and control of environmental pollution by solid wastes as specified in the
appraisal document on the environmental effect of the construction project shall 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 facilities for the
prevention and control of environmental pollution by solid wastes are qualified upon examination to meet the standards by the administrative
competent department of environmental protection that has originally examined and approved the appraisal document on the environmental
effects . The facilities for the prevention and control of environmental pollution by solid wastes shall be checked and accepted
at the same time with the main part of the project is checked and accepted.
Article 15
The administrative competent 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 wastes shall, in accordance
with their respective functions, have the right to conduct on-site inspection of the entities related to the prevention and control
of environmental pollution by solid wastes within their jurisdictions. The entities under inspection shall faithfully report the
situation and provide necessary materials. The inspection organ shall keep confidential the know-how and business secrets of the
entities that is inspected.
When conducting on-site inspections, the inspection organ may adopt such measures as monitoring on the spot, collecting samples and
consulting or printing materials relating to the prevention and control of environmental pollution by solid wastes. The inspector
shall show their certificate when they conduct the on-site inspections.
Chapter III Prevention and Control of Environmental Pollution by Solid Wastes
Section I General Provisions
Article 16
Entities and individuals that discharge solid wastes shall adopt measures to prevent or reduce the environmental pollution by solid
wastes.
Article 17
Entities and individuals that collect, store, transport, utilize or dispose of solid wastes shall take measures to prevent the scattering,
run-off and leakage of solid wastes, as well as other measures against environmental pollution. Entities and individuals shall not
pour out, pile up, discard and perfuse over ground the solid waste without permission.
No entity or individual may dump solid wastes into or pile them up at rivers, lakes, ditches, reservoirs, bottomlands, banks or slopes
under the highest waterline or other places where the waste isn’t allowed to be dumped or piled up according to laws and regulations.
Article 18
Any entity shall abide by state rules about the cleaner production for designing and manufacturing products and packages. The administrative
competent department of standardization of the State Council shall, pursuant to state economic and technical conditions, prevention
and control situation of environmental pollution by solid wastes and technical requirements of products, formulate relevant standards
to prevent environmental pollution by over-package.
The enterprises producing, selling or importing products and packages that have been listed in the catalogue subject to mandatory
recycling shall reclaim the said products and packages according to state provisions.
Article 19
The State encourages scientific research and production institutions to do research on and manufacture plastic-sheet covering and
packages of commodities that are easy to be recycled and used, easy to be treated, or easy to be degraded in the environment.
Entities and individuals that use agricultural films shall take measures like the recycling for utilization so as to prevent or reduce
the environmental pollution by agricultural films.
Article 20
The engagement in the scale breeding of livestock and birds shall, according to relevant rules of the State, collect, store, utilize
and dispose dung of livestock and birds produced in the breeding so as to prevent environmental pollution.
No straw or stalk may be burnt in the open air of population-centralized districts, surroundings of airports, neighboring districts
of main communication arteries and districts as prescribed by the local people’s governments.
Article 21
Management and maintenance of facilities, equipments and places for collecting, storing, transporting and treating solid wastes shall
be strengthened so as to ensure their normal operation and function.
Article 22
No installation or site for centralized storage and treatment of industrial solid wastes or landfill of consumer wastes may be built
in the nature reserves, scenic resorts, conservation areas of drinking water and basic farmlands and other areas requiring special
protection that are prescribed by the State Council, relevant competent departments of the State Council and the provinces, autonomous
regions and municipalities directly under the Central Government.
Article 23
To transport any solid waste out of the administrative region of a province, autonomous region or municipality directly under the
Central Government for storage or treatment, one shall apply to the administrative competent 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 is to be moved out for approval, which shall grant its approval after consulting with and obtaining permission from the administrative
competent department of environmental protection of the province, autonomous region or municipality directly under the Central Government
where the solid waste is to be accepted. No transfer may be carried out without approval.
Article 24
It is forbidden to dump, pile up or treat any solid waste from abroad within the territory of China.
Article 25
The State forbids the import of solid wastes that cannot be used as raw material and those that can’t be utilized through non-harm
treatment, and restricts the import of the solid wastes that can be used as raw materials and implements the classification management
of automatic licensing import thereto.
The administrative competent department of environmental protection of the State Council shall, in conjunction with the competent
department of foreign trade and the economic comprehensive macro-control department of the State Council, the General Administration
of Customs and the department of quality supervision, inspection and quarantine of the State Council, formulate, adjust and publish
solid waste catalogues of import-forbidden, import-restricted and automatic licensing import.
The import of solid wastes as listed in the catalogue of import-forbidden shall be forbidden. The import of solid wastes as listed
in the catalogue of import-restricted shall be examined and approved by the administrative competent department of environmental
protection of the State Council in collaboration with the competent department of foreign trade of the State Council. For any import
of solid wastes as listed in the catalog of automatic licensing import, formalities on the automatic licensing import shall be gone
through according to law.
The imported solid wastes shall comply with state environmental protection standards and be inspected to be qualified by the quality
supervision, inspection and quarantine department.
The specific measures for the administration of the import of solid wastes shall be formulated by the administrative competent department
of environmental protection of the State Council in collaboration with the competent department of foreign trade of the State Council,
the economic comprehensive macro-control department of the State Council, the General Administration of Customs and the quality supervision,
inspection and quarantine department of the State Council.
Article 26
Any importer that holds objections to the incorporation of his imported wastes into the administrative scope of solid wastes by the
customs may file an administrative reconsideration according to law or lodge an administrative suit to a people’s court.
Section II Prevention and Control of Environmental Pollution by Industrial Solid Wastes
Article 27
The administrative competent department of environmental protection of the State Council shall, jointly with the economic comprehensive
macro-control department of the State Council and other relevant departments, define boundaries of the pollution by industrial solid
wastes to the environmental, work out technical policies regarding the prevention and control thereof, and organize and promote
advanced production techniques and equipments for the prevention and control of environmental pollution by industrial solid wastes.
Article 28
The economic comprehensive macro-control department of the State Council shall, jointly with other relevant departments of the State
Council, organize the research, development and promotion of the production techniques and equipments that will reduce the discharge
amount and harmfulness of industrial solid wastes, and promulgate the list of backward production techniques and equipments that
cause severe environmental pollution by industrial solid wastes and thus should be eliminated within the time limit.
Producers, sellers, importers or users shall stop producing, selling, importing or using those equipments as included in the list
stipulated in the preceding paragraph within the time limit which are specified by the economic comprehensive macro-control department
of the State Council together with other relevant departments of the State Council. The users of such production techniques shall
stop using such techniques as included in the list stipulated in the preceding paragraph within the time limit as specified by the
economic comprehensive macro-control department of the State Council jointly with other relevant departments of the State Council.
Eliminated equipments included in the catalogue of equipments to be eliminated within a time limit shall not be transferred to any
other for use.
Article 29
The relevant departments of the people’s governments at or above the county level shall formulate a work plan for the prevention and
control of environmental pollution by industrial solid wastes, popularize the advanced production techniques and equipments which
can reduce the discharge amount and harmfulness of industrial solid wastes and promote the work on prevention and control of environmental
pollution by industrial solid wastes.
Article 30
Entities discharging industrial solid wastes shall 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 wastes.
Article 31
Enterprises and public institutions shall rationally select and utilize the raw materials, energies and other resources, and adopt
advanced production techniques and equipments, so as to reduce the discharge amount and depress the harmfulness of industrial solid
wastes.
Article 32
The State institutes a system of declaration and registration for industrial solid wastes.
The entities discharging industrial solid wastes shall, in accordance with the regulations enacted by the administrative competent
department of environmental protection of the State Council, provide information about the categories, discharging amount, flow direction,
storage, treatment and other materials concerning industrial solid wastes to the administrative competent department of environmental
protection of the local people’s government at or above the county level where such entities are located.
Any significant modification of the declaration matters as prescribed in the preceding paragraph shall be declared in a timely manner.
Article 33
Enterprises and public institutions shall make use of industrial solid wastes produced thereby pursuant to economic and technical
conditions; for those industrial solid wastes that will not or can’t be utilized temporarily, enterprises and public institutions
shall, in accordance with the regulations of the administrative competent department of environmental protection of the State Council,
build facilities and sites for their safe and classified storage or carry out the non-harm treatment for them.
The construction of facilities and sites for storing and treating industrial solid wastes shall comply with state standards on environmental
protection.
Article 34
It is forbidden to close down, leave idle or dismantle, without approval, facilities or places for the prevention and control of environmental
pollution by industrial solid wastes. Where it is necessary to do so, prior verification and approval shall be obtained from the
administrative competent 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 35
Where it is necessary for the entities discharging industrial solid wastes to be terminated, measures for preventing and controlling
pollution shall be taken in advance to the facilities and sites for storing and treating industrial solid wastes, and the untreated
industrial solid wastes shall be disposed properly to prevent environmental pollution.
If an entity discharging industrial solid wastes has been altered, the altered entity shall, pursuant to state provisions about the
environmental protection, carry out the safety treatment or take measures for untreated industrial solid wastes and the storage and
treatment facilities and sites thereof so as to ensure the safe function of such facilities and sites. Where the parties concerned
have, prior to the alteration, otherwise stipulated the assumption of responsibilities for preventing and controlling pollution by
industrial solid wastes and the facilities and sites for storage and treatment, such stipulations shall prevail. However, the responsibilities
of the parties concerned to prevent and control pollution shall not be exempted.
The expenses, incurred from the safety treatment of untreated industrial solid wastes and the storage and treatment facilities and
sites of the entities that have been terminated prior to the implementation of the present Law, shall be borne by the relevant people’s
governments, however if the land use right of the said entity has been transferred according to law, the transferee thereof shall
undertake the expenses for the treatment. Where the parties concerned have other stipulations, such stipulations shall prevail. However,
the responsibilities of the parties concerned to prevent and control pollution shall not be exempted.
Article 36
A mining enterprise shall adopt scientific mining methods and techniques for mineral separation so as to reduce the production and
storage of gangues, waste rocks, mullocks and other mining solid wastes.
After the facilities for storing gangues, waste rocks, mullocks and other mining solid wastes aren’t used any more, a mining enterprise
shall, according to state provisions on environmental protection, close the fields to prevent environmental pollution and ecological
destroy.
Article 37
When dismantling, utilizing or disposing abandoned electronic appliances and motor vehicles and vessels, measures shall be taken to
prevent environmental pollution according to relevant laws and regulations.
Section III Prevention and Control of Environmental Pollution by living Wastes
Article 38
The people’s governments at or above the county level shall plan, as a whole, to build facilities for collecting, transporting and
treating urban-rural living wastes, improve the ratio of utilization and non-harm treatment of living wastes, promote industrial
development of collecting and treating living wastes, and progressively establish and perfect social service system for preventing
and controlling environmental pollution by living wastes.
Article 39
The administrative competent departments of environmental protection of the people’s governments at or above the county level shall
organize to clear, collect, transport and treat urban living wastes and may, by the way of bidding, choose qualified entities to
engage in the clearing, collection, transport and treatment of urban living wastes.
Article 40
Urban living wastes shall be placed at designated sites according to provisions as prescribed by the competent administrative departments
of environmental and sanitation, and shall not be dumped, cast or piled up at discretion.
Article 41
The clearing, collection, transportation and treatment of urban consumer wastes shall be conducted according to state provisions about
the environmental protection and environmental sanitation to prevent environmental protection.
Article 42
Urban living wastes shall be timely cleared and transported, progressively be collected and transported by different types, and be
reasonably utilized and be effected with non-harm treatment.
Article 43
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 sources 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 so as to
reduce urban living wastes.
Relevant departments of an urban people’s government shall make an overall plan, rationally arrange for collecting and purchasing
networks, so as to promote the recycling of living wastes.
Article 44
The construction of facilities and sites for disposing living wastes shall comply with the standards on environmental protection and
environmental sanitation as prescribed by the administrative competent department of environmental protection of the State Council
and the administrative department of construction of the State Council.
It is forbidden to close down, leave idle or dismantle facilities and sites for disposing consumer wastes without approval. If it
is really necessary to close, leave idle or dismantle such facilities and sites, it shall be subject to the verification and approval
of the administrative competent department of environmental and sanitation and the administrative competent 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 45
The recycled substances from the living wastes shall be utilized pursuant to the uses and standards as set by the State, and shall
not be used to produce products that may do harm to human health.
Article 46
Entities undertaking constructions shall promptly clear and transport the solid wastes produced in the course of construction, and
utilize or dispose them pursuant to the provisions of the administrative competent departments of environmental and sanitation.
Article 47
An entity engaged in public transportation shall, pursuant to state regulations, clear up and collect the living wastes produced
in the course of transportation.
Article 48
Entities engaged in the development of new urban areas, the reconstruction of old areas and construction of residential quarters,
and operational and management entities located at airports, docks, stations, parks, stores and other public facilities and sites
shall build supporting equipments for collecting living wastes according to state regulations on environmental sanitation.
Article 49
The specific measures for the prevention and control of rural living wastes shall be prescribed by local regulations.
Chapter IV Special Provisions on the Prevention and Control of Environmental Pollution by Hazardous Wastes
Article 50
The provisions of this Chapter shall be applicable to the prevention and control of environmental pollution by hazardous wastes. Where
it is not covered by this Chapter, other relevant provisions of this Law shall be applicable.
Article 51
The administrative competent department of environmental protection of the State Council shall, jointly with other relevant departments
of the State Council, formulate a national catalog of hazardous wastes, lay down unified criteria and methods for identifying hazardous
wastes and recognizing symbol.
Article 52
A recognizing symbol of hazardous wastes shall be put on the containers and packages of hazardous wastes as well as on the facilities
and sites for collection, storage, transportation and treatment of hazardous wastes.
Article 53
An entity discharging hazardous wastes shall, pursuant to state provisions, work out a plan for managing hazardous wastes, and declare
the types, production quantity, flow direction, storage, treatment and other relevant materials to the administrative competent departments
of environmental protection of the local people’s governments at or above the county level.
The plan for managing hazardous wastes as mentioned in the preceding paragraph shall contain measures for reducing the discharge amount
and harmfulness of hazardous wastes and measures for storing, utilizing and treating hazardous wastes. The said plan shall report
to the local administrative competent department of environmental protection of the local people’s government at or above the county
level for archival filing where the entity is located.
Any significant modification of declaration matters as prescribed by this Article or the plan for managing hazardous wastes shall
be declared in a timely manner.
Article 54
The administrative competent department of environmental protection of the State Council shall, jointly with the economic comprehensive
macro-control department of the State Council, formulate the plan for constructing facilities and sites for centralized treatment
of hazardous wastes, which shall be implemented after being reported to the State Council for approval.
The people’s governments at or above the county level shall organize to build facilities and sites for centralized treatment of hazardous
wastes on the strength of the plans thereon.
Article 55
An entity that discharges hazardous wastes shall dispose hazardous wastes according to relevant provisions of the State, and shall
not dump or pile up them without approval; those that don’t treat hazardous wastes shall be ordered to correct within the time limit
by the e administrative competent departments of environmental protection of the people’s governments at or above the county level;
if an entity fails to treat within the time limit or in accordance with relevant provisions of the State, another entity shall be
commissioned to carry out the treatment by the administrative competent departments of environmental protection of the people’s governments
at or above the county level, and the expenses incurred therefrom shall be undertaken by the entity that discharges hazardous wastes.
Article 56
Where the treatment of hazardous wastes by the way of landfill doesn’t comply with the provisions as set by the administrative competent
department of environmental protection of the State Council, it shall pay discharging fees for hazardous wastes. The specific measures
for levying discharging fees of hazardous wastes shall be formulated by the State Council.
The discharging fees for hazardous wastes shall be used for the prevention and control of environmental pollution and shall not be
appropriated.
Article 57
Entities engaged in the collection, storage and treatment of hazardous wastes shall apply to the administrative competent department
of environmental protection of the people’s government at or above the county level for business licenses. Entities engaged in businesses
of utilizing hazardous wastes shall apply to the administrative competent department of environmental protection of the State Council
or the administrative competent department of environmental protection of the people’s government of a province, autonomous region
and municipality directly under the Central Government for business licenses. Specific measures for the administration thereof shall
be prescribed by the State Council.
It is forbidden to collect, store, utilize or treat hazardous wastes without a business license or against the provisions of the business
license.
It is forbidden to supply hazardous wastes to or
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