The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.58
The Law of the People’s Republic of China on Prevention of Environmental Pollution Caused by Solid Waste, adopted by the 16th Meeting
of the Standing Committee of the Eighth National People’s Congress on October 30, 1995, is promulgated now and shall enter into force
as of April 1, 1996.
President of the People’s Republic of China: Jiang Zenmin
October 30, 1995
Law of the People’s Republic of China on Prevention of Environmental Pollution Caused by Solid Waste ContentsChapter 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
Chapter I General Principles
Article 1
To prevent the pollution of the environment by solid waste, ensure the good health of the public, and promote the development of socialist
modernization, the following law is hereby established.
Article 2
This law applies to the prevention of environmental pollution caused by solid waste within the boundaries of the People’s Republic
of China.
It does not apply to the prevention of marine environmental pollution caused by solid waste or of environmental pollution caused by
radioactive solid waste.
Article 3
To prevent pollution of the environment by solid waste, the 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.
Article 4
The state shall encourage and support clean production to reduce the creation of solid waste.
The state shall encourage and support the comprehensive utilization of 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.
Article 5
The state shall encourage and support measures for the centralized disposal of solid waste that are conducive to environmental protection.
Article 6
The people’s governments at the county level or above shall 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.
Article 7
The state shall encourage and support scientific research and 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.
Article 8
The people’s governments at different levels shall give awards 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.
Article 9
Every unit or individual has an obligation to protect the 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.
Article 10
The administrative department under the State Council in 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.
The administrative departments under the local people’s governments at the 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.
The administrative department under the State Council in charge of 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
Article 11
The administrative department under the State Council in 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.
Article 12
In constructing those projects that may produce industrial 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.
Reports on the effects of a construction project on the environment shall 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.
Article 13
A report on the effects of a construction project on the 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.
Article 14
The administrative departments under the people’s governments 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.
The inspecting personnel shall show their credentials while conducting on-the-spot inspections.
Chapter III Prevention of Environmental Pollution Caused by Solid Waste
Section 1 General Stipulations
Article 15
The units and individuals that produce solid waste shall take measures to prevent or reduce the environmental pollution caused by
solid waste.
Article 16
The units and individuals that collect, store, transport, 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.
The abandonment or spread of solid waste during transportation is forbidden.
Article 17
Products shall use packing materials which are easily recycled, disposed of, or assimilated by the environment.
The product manufacturer, retailer, or consumer shall recycle those product packages and containers that can be recycled in accordance
with the relative regulations of the state.
Article 18
The state shall encourage scientific research institutions and production units to study and produce thin films for agricultural use
that are easily recycled, disposed of, or assimilated by the environment.
Those units and individuals that utilize thin films for agricultural use shall take measures such as recycling to prevent or reduce
environmental pollution caused by the thin films.
Article 19
The administration and maintenance of the facilities, 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.
Article 20
It is forbidden to close, disuse, or dismantle without 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.
Article 21
Those enterprises and institutions that produce solid waste 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.
Article 22
It shall be forbidden to construct facilities or sites for the 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.
Article 23
In the event that solid waste is transferred to other 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.
Article 24
Within the territory of the People’s Republic of China, it is forbidden to dump, pile, or dispose of solid waste from outside the
People’s Republic of China.
Article 25
The state shall forbid the import of solid waste which cannot be used as a raw material and shall restrict the import of solid waste
that can be used as raw material.
The administrative department in charge of environmental protection, 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.
Those that require the import of solid wastes listed in the list 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.
Specific measures shall be formulated by the State Council.
Section 2 Prevention of Environmental Pollution Caused by Industrial Solid Waste
Article 26
The administrative department in charge of environmental 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.
Article 27
The department in charge of comprehensive economic affairs 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.
The manufacturer, retailer, importer, or consumer must stop respectively 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.
Any equipment required to be eliminated in accordance with the stipulations in the two preceding paragraphs shall not be transferred
to others for use.
Article 28
The departments concerned under the people’s governments at 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.
Article 29
Those units that produce industrial solid waste shall establish and amplify a responsibility system for the prevention of environmental
pollution and take measures for preventing environmental pollution caused by industrial solid waste.
Article 30
Enterprises and institutions shall rationally choose and utilize raw materials, energy and other resources, apply advanced production
technologies and equipment, and reduce the amount of industrial solid waste.
Article 31
The state shall implement a reporting and registration system for industrial solid waste.
Those units which produce industrial solid waste shall present data 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.
Article 32
All enterprises or institutions which produce industrial solid 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.
Article 33
Those who store smelting residue, chemical residue, coal ash residue, discarded ore, tail ore, or other industrial solid waste out-of-doors
shall construct special facilities or sites for its storage.
Article 34
Construction of the facilities and sites for the storage and 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.
As to those units which produce industrial solid waste before this Law is 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.
Section 3 Prevention of Environmental Pollution Caused by Urban Residential Refuse
Article 35
All units and individuals shall obey the regulations of the 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.
Article 36
The storage, transport, and disposal of urban residential refuse shall, with the purpose of preventing environmental pollution, comply
with the regulations of the state concerning environmental protection and urban environment.
Article 37
Urban residential refuse shall be cleared and carried away without delay. Reasonable utilization and neutralization shall be actively
conducted.
The separate collection, storage, transport, and disposal of urban residential refuse of different classifications shall be gradually
implemented.
Article 38
The urban people’s governments shall make plans for improving the fuel structure and developing urban coal gas, natural gas, liquefied
petroleum gas, and other clean energy resources.
The relevant departments under the urban people’s governments shall arrange for clean vegetables to enter cities to reduce urban residential
refuse.
The relevant departments under the urban people’s governments shall make comprehensive plans to reasonably arrange a purchasing network
and promote the recycling of waste.
Article 39
The urban people’s governments shall construct supporting facilities for the cleaning, collection, storage, transport, and disposal
of urban residential refuse.
Article 40
The construction of the facilities and sites for the disposal 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.
Unauthorized closure, disuse, or dismantling of the facilities or sites 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.
Article 41
Those units carrying out construction shall, without delay, 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
Article 42
The regulations in this Chapter apply to the prevention and cure of environmental pollution caused by dangerous waste. Those not mentioned
in this Chapter shall accord with the other regulations of this Law.
Article 43
The administrative department in charge of environmental 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.
Article 44
Identification marks shall be placed on the containers and packing materials for dangerous waste and posted at the facilities and
sites for the collection, storage, transport, and disposal of dangerous waste.
Article 45
Those units which produce dangerous waste shall report and register in accordance with the relevant regulations of the state.
Article 46
Those units which produce dangerous waste shall dispose of 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.
Article 47
The urban people’s governments shall organize the construction of the facilities for the centralized disposal of dangerous waste.
Article 48
Those who adopt the disposal method of burying 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.
The discharge fees for dangerous waste shall be reserved for the prevention and amelioration of environmental pollution caused by
dangerous waste and shall not be appropriated for any other use.
Article 49
Those units which engage in operational activities concerning 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.
No unit may engage in operational activities concerning collection, storage, and disposal of dangerous waste without a operational
license or fail to be in accordance with the regulations of the license.
No unit may supply or consign dangerous waste to those units without operational licenses to engage in any operational activities
concerning collecting, storage, and disposal of dangerous waste.
Article 50
Dangerous waste of different classifications shall be 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.
Mixed storage of dangerous waste with non-dangerous waste is forbidden.
Article 51
Those who require the transfer of dangerous waste shall fill 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.
Article 52
Measures for the prevention of environmental pollution shall be adopted during transport of dangerous waste; meanwhile, the state
regulations concerning management of the transport of dangerous waste shall be obeyed.
Transport of dangerous waste in a passenger vehicle is forbidden.
Article 53
The sites, facilities, equipment, containers, packagings, and 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.
Article 54
Those workers who will engage in the collection, storage, transport, recycling, and disposal of dangerous waste shall undergo professional
training and testing before being assigned such posts.
Article 55
Those units which produce, collect, store, transport, recycle, 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.
Article 56
Those units that cause serious environmental pollution due to 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.
Article 57
The administrative departments in charge of environmental 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.
Article 58
Transit of dangerous waste passing through the territory of the People’s Republic of China is forbidden.
Chapter V Legal Responsibilities
Article 59
Those who violate the regulations of this Law by engaging in 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.
(1)
failure to report and register industrial solid waste or dangerous waste in accordance with state regulations, or guilt of fraud in
reporting or registration;
(2)
refusing an on-the-spot inspection by the administrative department in charge of environmental protection, or guilt of fraud in the
course of inspection;
(3)
failure to pay waste-discharge fees in accordance with state regulations;
(4)
transferring to others equipment which has been included in the list of equipment to be eliminated within a definite time;
(5)
unauthorized closure, disuse, or dismantling of the facilities or sites for prevention and amelioration of environmental pollution
caused by solid waste;
(6)
constructing facilities or sites for the centralized storage or 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
(7)
unauthorized transference of solid waste for storage and disposal out of the administrative territories of their own provinces, autonomous
regions, or municipalities directly under the Central Government.
Those who engage in actions mentioned in Items 1 or 2 of the preceding 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.
Article 60
Those who violate the regulations in this Law by producing, 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.
Article 61
For construction projects needing supplementary construction 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.
Article 62
If those enterprises and institutions which have been ordered 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.
The fine in the preceding paragraph shall be determined by the 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.
Article 63
Those who violate the regulations of this Law during the storage, transport, or disposal of urban residential refuse shall be penalized
according to the State Council’s regulations on environmental protection and urban sanitation.
Article 64
Those who violate the regulations in this Law concerning the 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 s
