PREVENTION OF ENVIROMENTAL POLLUTION CAUSED BY SOLID WASTE

    Chapter I  General Principles

    Chapter II  Supervision and Control over Prevention of Environmental

                Pollution Caused by Solid Waste

    Chapter III  Prevention of Environmental Pollution Caused by Solid Waste

      Section 1  General Stipulations

      Section 2  Prevention of Environmental Pollution Caused by Industrial

                 Solid Waste

      Section 3  Prevention of Environmental Pollution Caused by Urban

                 Residential Refuse

    Chapter IV  Special Stipulations on the Prevention of Environmental

                Pollution Caused by Dangerous Waste

    Chapter V  Legal Responsibilities

    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.

    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.

    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 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