Law of the people's Republic of China on the preve

2022-08-19
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Article 57 of the law of the people's Republic of China on the prevention and control of environmental pollution by solid waste (4)

units engaged in the collection, storage and disposal 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 a business license; Units engaged in business activities of utilizing hazardous waste must apply to the competent administrative department of environmental protection under the State Council or the competent administrative department of environmental protection under the people's Government of a province, autonomous region or municipality directly under the central government for a business license. The specific administrative measures shall be formulated by the State Council

it is forbidden to engage in the collection, storage, utilization and disposal of hazardous waste without an operation license or not in accordance with the provisions of the operation license

it is forbidden to provide or entrust hazardous wastes to units without business licenses to engage in the business activities of collection, storage, utilization and disposal

Article 58 the collection and storage of hazardous wastes must be classified according to the characteristics of hazardous wastes. It is forbidden to collect, store, transport and dispose of hazardous wastes of incompatible nature that have not been safely disposed of

protective measures that meet the national environmental protection standards must be taken for the storage of hazardous wastes, and shall not exceed one year; If it is really necessary to extend the time limit, it must be reported to the competent administrative department of environmental protection that originally approved the business license for approval; Unless otherwise provided by laws and administrative regulations

it is forbidden to store hazardous waste mixed with non hazardous waste

Article 59 anyone who transfers hazardous waste must fill in a hazardous waste transfer form in accordance with the relevant provisions of the state, and apply to the competent administrative department of environmental protection of the local people's government at or above the municipal level where the hazardous waste is moved out. The competent administrative department of environmental protection of the local people's government at or above the level of the city divided into districts in the place of removal shall approve the transfer of the hazardous waste after obtaining the consent of the competent administrative department of environmental protection of the local people's government at or above the level of the city divided into districts in the place of acceptance. Without approval, it shall not be transferred

if the transfer of hazardous waste passes through administrative areas other than the place of removal and the place of acceptance, the competent administrative department of environmental protection of the local people's government at or above the municipal level divided into districts where the hazardous waste is removed shall timely notify the competent administrative department of environmental protection of the local people's government at or above the municipal level divided into districts along the way

Article 60 when transporting hazardous wastes, measures must be taken to prevent environmental pollution, and the state regulations on the transportation and management of dangerous goods must be observed

it is forbidden to carry hazardous wastes and passengers on the same means of transport

Article 61 When places, facilities, equipment, containers, packages and other articles for the collection, storage, transportation and disposal of hazardous waste are used for other purposes, they must be treated to eliminate pollution before they can be used

Article 62 units that produce, collect, and store, transport, utilize, and dispose of hazardous waste until the light is on shall formulate preventive measures and emergency plans for accidents, and submit them to the competent administrative department of environmental protection of the local people's government at or above the county level for the record; The competent administrative department of environmental protection shall conduct inspection

Article 63 units that cause serious environmental pollution by hazardous waste due to accidents or other emergencies must immediately take measures to eliminate or mitigate the pollution hazards to the environment, promptly notify units and residents that may be affected by pollution hazards, and report to the competent administrative department of environmental protection and relevant departments of the local people's Government at or above the county level where they are located for investigation and handling

Article 64 when hazardous waste occurs or there is evidence to prove that it may seriously pollute the environment and threaten the safety of residents' lives and property, the competent administrative department of environmental protection of the local people's government at or above the county level or other supervision and management departments of the prevention and control of environmental pollution by solid waste must immediately report to the people's government at the same level and the relevant administrative departments of the people's government at the next higher level to minimize energy input, The people's Government shall take effective measures to prevent or mitigate hazards. The relevant people's Government may, as necessary, order the suspension of operations that have caused or may cause environmental pollution accidents

Article 65 the decommissioning costs of the facilities and sites for centralized disposal of key hazardous wastes shall be accrued and included in the investment budget or operating costs. The specific extraction and management measures shall be formulated by the financial department and the competent price department of the State Council in conjunction with the competent administrative department of environmental protection of the State Council

Article 66 the transfer of hazardous wastes through the territory of the people's Republic of China is prohibited

Article 67 If the competent administrative department of environmental protection of the people's government at or above the county level or other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste, in violation of the provisions of this law, commits one of the following acts, the people's government at the same level or the relevant competent administrative department of the people's government at a higher level shall order it to make corrections, and the person in charge and other direct personnel shall be given administrative sanctions according to law; If a crime is constituted, criminal liability shall be investigated according to law:

(1) failing to make an administrative license or handle approval documents according to law

(2) if an illegal act is found or one of the two chucks cannot rotate, it will not be investigated and dealt with after receiving a report of the illegal act

(III) other behaviors that fail to perform the supervision and management duties according to law

Article 68 If anyone violates the provisions of this Law and commits one 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 stop the illegal act, make corrections within a time limit, and impose a fine:

(1) failing to declare and register industrial solid waste in accordance with state regulations, or practicing fraud in the declaration and registration

(2) failing to build storage facilities and places for the safe classified storage of industrial solid waste that is temporarily not used or cannot be used, or failing to take harmless disposal measures

(3) transferring the eliminated equipment listed in the list of elimination within a time limit to others for use

(4) closing, leaving idle or dismantling facilities and places for the prevention and control of environmental pollution by industrial solid waste without authorization

(5) building facilities and places for centralized storage and disposal of industrial solid waste and domestic waste landfills in nature reserves, scenic spots, drinking water source protection areas, basic farmland protection areas and other areas that need special protection

(6) transferring solid waste out of the administrative areas of provinces, autonomous regions and municipalities directly under the central government for storage and disposal without authorization

(7) failing to take corresponding preventive measures, resulting in the dispersion, loss, leakage of industrial solid waste or other environmental pollution

(VIII) discarding or scattering industrial solid waste along the way during transportation

those who commit one of the acts in Items 1 and 8 of the preceding paragraph shall be fined not less than 5000 yuan but not more than 50000 yuan; Those who commit one of the acts in Items 2, 3, 4, 5, 6 and 7 of the preceding paragraph shall be fined not less than 10000 yuan but not more than 100000 yuan

Article 69 If, in violation of the provisions of this law, the supporting facilities for the prevention and control of environmental pollution by solid waste for a construction project have not been completed, have not been accepted or have failed to pass the acceptance, and the main project is put into production or use, the competent administrative department of environmental protection that examined and approved the environmental impact assessment documents of the construction project shall order it to stop production or use and may also impose a fine of not more than 100000 yuan

Article 70 If anyone, in violation of the provisions of this law, refuses the on-site inspection of the administrative department of environmental protection of the people's government at or above the county level or other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste, the department performing the on-site inspection shall order him to make corrections within a time limit; Those who refuse to correct or cheat during the inspection shall be fined not less than 2000 yuan but not more than 20000 yuan after the signing ceremony

Article 71 those who engage in large-scale livestock and poultry breeding and fail to collect, store and dispose of livestock and poultry feces in accordance with the relevant provisions of the state, thus causing environmental pollution, shall be ordered by the competent administrative department of environmental protection of the local people's government at or above the county level to make corrections within a time limit and may be fined not more than 50000 yuan. (to be continued)

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