The 50th meeting of the Standing Committee of the 13th National People's Congress (NPC) was held in the morning of April 17 at the Great Hall of the People in Beijing, presided over by Chairman Li Zhanshu. The meeting decided that the 17th meeting of the Standing Committee of the 13th NPC would be held in Beijing from April 26 to 29.
On April 17, the fiftieth meeting of the Standing Committee of the Thirteenth National People's Congress (NPC) was held in the Great Hall of the People in Beijing, chaired by Chairman Li Zhanshu. Xinhua News Agency reporter Li Tao
The Chairman's Meeting recommended that the 17th Meeting of the Standing Committee of the 13th National People's Congress (NPC) consider the draft amendments to the Law on the Prevention and Control of Solid Waste Pollution and Environmental Pollution, the draft law on discipline of public officials, and the draft law on biosafety; consider the bill of the Committee on Agriculture and Rural Affairs of the NPC on requesting consideration of the draft amendments to the Animal Epidemic Prevention Law; consider the bill of the State Council on requesting consideration of the draft amendments to the Copyright Law; and consider the bill of the Central Military Commission on requesting consideration of the draft amendments to the People's Armed Police Law.
The meeting recommended that the 17th meeting of the Standing Committee consider the bill of the State Council on submitting for consideration the draft decision on authorizing the State Council to temporarily adjust the implementation of relevant legal provisions in the China (Hainan) Pilot Free Trade Zone and the bill on submitting for consideration the ratification of the Treaty between the People's Republic of China and the Islamic Republic of Pakistan on the Transfer of Sentenced Persons; consider the bill of the State Council on the 2019 State of the Environment The report on the fulfillment of the goals of the National People's Congress (NPC) and environmental protection, the report on the study and handling of the report on the law enforcement inspection of the Water Pollution Prevention and Control Law, and the report on the reform of the rural collective property rights system; the report of the Legislative Affairs Committee of the NPC Standing Committee on the status of and work plan for legislative amendments to strengthen public health rule of law protection; the report of the Review Committee on the Eligibility of Deputies of the NPC Standing Committee on the status of individual deputies; and the report of the Committee on the Reform of the Rural Collective Property Rights System. The NPC Standing Committee of the National People's Congress (NPCSC), which is composed of the Chairman of the NPCSC and the Secretary General of the NPCSC, Yang Zhenwu, reported on the draft agenda and agenda of the 17th NPCSC meeting.
At the Chairman's Meeting, Yang Zhenwu, Secretary General of the NPC Standing Committee, made a report on the draft agenda and schedule of the 17th NPC Standing Committee Meeting. The Deputy Secretary General of the NPC Standing Committee, the relevant special committees of the NPC and the relevant working committees of the Standing Committee reported on the issues of the 17th meeting of the Standing Committee.
The Chairman's Meeting also reviewed the report on the work of NPC Standing Committee members in contacting NPC deputies in 2019.
NPC Standing Committee Vice Chairmen Wang Chen, Cao Jianming, Zhang Chunxian, Shen Yueyue, Ji Binghuan, Elieguin-Yiminbahai, Wan E Xiang, Chen Zhu, Wang Dongming, Baimachalin, Ding Zhongli, Hao Mingjin, Cai Dafeng, Wu Weihua attended the meeting.
The Fifteenth Meeting of the Standing Committee of the Thirteenth National People's Congress reviewed the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution from Solid Wastes (Second Revised Draft)". The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution from Solid Wastes (Second Review Draft) is hereby published on the website of the National People's Congress of the People's Republic of China (www.npc.gov.cn), and the public can submit their comments directly to the website of the National People's Congress of the People's Republic of China or send them to the Legislative Affairs Commission of the Standing Committee of the National People's Congress of the People's Republic of China (No. 1 Qianmen West Street, Xicheng District, Beijing, 100805, China). (Note that the second draft of the revised Solid Waste Pollution Prevention and Control Law seeks comments). Deadline for comments: January 26, 2020.
Law of the People's Republic of China on the Prevention and Control of Environmental Pollution from Solid Wastes (Revised Draft)
(Second Review Draft)
Catalogs
Chapter I. General Provisions
Chapter 2 Supervision and Management
Chapter 3: Industrial Solid Waste
Chapter 4: Household Waste
Chapter 5: Solid Waste in Construction, Agriculture, etc.
Chapter 6: Hazardous Waste
Chapter 7: Safeguards
Chapter 8: Legal Liability
Chapter 9 Bylaws
Chapter I. General Provisions
Article 1 In order to protect and improve the ecological environment, prevent and control solid waste pollution of the environment, protect public health, maintain ecological safety, promote the construction of ecological civilization, and promote sustainable economic and social development, the enactment of this Act.
Article II of the prevention and control of solid waste pollution of the environment applicable to this Act.
Solid waste pollution of the marine environment and the prevention and control of radioactive solid waste pollution of the environment does not apply to this Act.
Article 3 The State to promote a green way of development, to promote cleaner production and the development of circular economy.
The State advocates a simple, moderate, green and low-carbon lifestyle, and guides the public to actively participate in the prevention and control of environmental pollution by solid wastes.
State to promote domestic garbage classification system.
Article IV of the solid waste pollution prevention and control of environmental pollution adhere to the principle of reduction, resource and harmless.
Any units and individuals should take measures to reduce the generation of solid waste, the integrated use of solid waste, solid waste generation, collection, storage, transportation, utilization, disposal and related activities to harmless.
Article V solid waste pollution prevention and control of environmental pollution to implement the principle of responsibility for pollution.
Generation, collection, storage, transport, utilization, disposal of solid waste units and individuals, should take measures to prevent or reduce solid waste pollution of the environment, the resulting environmental pollution shall be held responsible.
Article VI of the local people's governments at all levels of the administrative region of solid waste pollution prevention and control of the environment is responsible.
State implementation of solid waste pollution and environmental pollution prevention target responsibility system and assessment and evaluation system, the completion of solid waste pollution prevention and control of environmental objectives into the content of the assessment and evaluation.
Article 7 The people's governments at all levels should strengthen the leadership of solid waste pollution prevention and control of environmental work, organization, coordination, supervision of relevant departments to perform solid waste pollution prevention and control of environmental supervision and management responsibilities.
Provinces, autonomous regions and municipalities directly under the central government can negotiate between the establishment of cross-administrative solid waste pollution of the environment, joint prevention and control mechanisms, coordinated planning, facility construction, transfer of solid waste and other work.
Article VIII of the State Council ecological and environmental authorities of the national solid waste pollution prevention and control of the environment to implement unified supervision and management. State Council industry and information technology, natural resources, housing and urban-rural development, transportation, agriculture and rural areas, commerce, health, customs and other competent departments within the scope of their respective responsibilities for the prevention and control of solid waste pollution of the environment supervision and management work.
Local people's government ecological and environmental authorities of the administrative region of the solid waste pollution prevention and control work to implement unified supervision and management. Local people's government industry and information technology, natural resources, housing and urban-rural development, transportation, agriculture and rural areas, commerce, health and other competent departments in their respective areas of responsibility for the supervision and management of solid waste pollution of the environment prevention work.
Article IX of the state to encourage and support the prevention of solid waste pollution of the environment, scientific research, technology development, promotion of advanced prevention and control technology and popularization of scientific knowledge of solid waste pollution prevention and control of environmental pollution, to strengthen scientific and technological support of solid waste pollution prevention and control of the environment.
Article X enterprises and institutions, industry associations, grass-roots mass self-government organizations and the news media should strengthen solid waste pollution prevention and control of environmental education and popularization of science, and enhance public awareness of solid waste pollution prevention and control of the environment.
Schools should carry out popularization of knowledge of solid waste pollution prevention and control of the environment education.
Article XI people's governments at all levels in the prevention of solid waste pollution of the environment and the related comprehensive utilization of activities to make significant achievements in units and individuals in accordance with relevant state regulations to be commended and rewarded.
Chapter II Supervision and Management
Article XII of the people's government at or above the county level should be solid waste pollution prevention and control of environmental work into the national economic and social development planning, environmental protection planning, and take effective measures to reduce the generation of solid waste and hazardous, promote the comprehensive utilization of solid waste, minimize the amount of solid waste landfill disposal.
Article XIII of the State Council ecological and environmental authorities shall, in conjunction with the State Council departments concerned in accordance with national environmental quality standards and national economic and technological conditions, the development of solid waste identification standards, identification procedures and technical standards for the prevention of solid waste pollution of the environment.
Article XIV of the State Council standardization department shall, in conjunction with the State Council development and reform, industry and information technology, ecological environment, agriculture and rural areas and other competent departments to develop standards for the comprehensive utilization of solid wastes.
Comprehensive utilization of solid wastes should comply with ecological and environmental laws and regulations, in line with the technical standards for the prevention of solid waste pollution and the environment. Comprehensive utilization of solid waste products should be used in accordance with state regulations and standards of use.
Article XV of the State Council ecological and environmental departments shall, in conjunction with relevant departments of the State Council to establish a national information platform for environmental pollution control of hazardous wastes and other solid wastes, promote solid waste collection, transfer, disposal and other whole process monitoring and information traceability.
Article XVI of the construction of generation, storage, utilization, disposal of solid waste project, shall be evaluated according to the environmental impact, and comply with the relevant state regulations on environmental protection management of construction projects.
Article XVII of the environmental impact assessment of construction projects identified the need for supporting the construction of solid waste pollution control facilities, should be the same time with the main project design, construction, and put into use at the same time. Preliminary design of construction projects, should be in accordance with the requirements of environmental protection design specifications, the content of solid waste pollution prevention and control of environmental pollution into the environmental impact assessment file, the implementation of measures to prevent and control solid waste pollution and damage to the environment and ecological damage to the solid waste pollution prevention and control of environmental facilities investment estimates.
Construction unit shall, in accordance with relevant laws and regulations, the supporting construction of solid waste pollution control facilities for acceptance, the preparation of acceptance reports, and open to the public.
(Article XIV of the current environmental impact assessment of construction projects identified the need for supporting the construction of solid waste pollution prevention and control facilities, must be designed at the same time with the main project, construction, and put into use at the same time. Solid waste pollution prevention and control facilities must be approved by the original environmental impact assessment of environmental protection administrative departments in charge of acceptance, the construction project may be put into production or use. (The acceptance of solid waste pollution prevention facilities shall be concurrent with the acceptance of the main project.
Article 18 of the collection, storage, transport, utilization, disposal of solid waste facilities, equipment and places, should strengthen the management and maintenance, to ensure its normal operation and use.
Article XIX generation, collection, storage, transportation, utilization, disposal of solid waste enterprises and other production operators, should be taken to prevent the spread, loss, leakage or other measures to prevent pollution of the environment; not unauthorized dumping, dumping, discarding, abandoning and scattering of solid waste.
Prohibit any unit or individual to rivers, lakes, canals, channels, reservoirs and their maximum water level below the beach and shoreline and other laws and regulations where the dumping, dumping, storage of solid wastes.
Article 20 In the ecological protection of the red line area, permanent basic farmland concentration areas and other areas requiring special protection, prohibit the construction of industrial solid waste, hazardous waste storage, utilization, disposal facilities, places and domestic landfills.
Article 21 The transfer of solid wastes out of provinces, autonomous regions and municipalities directly under the central government administrative areas of storage, disposal, solid wastes shall be removed to the provinces, autonomous regions and municipalities directly under the people's government to apply to the competent ecological environment department. Transfer out of the provinces, autonomous regions and municipalities directly under the People's Government of the people's Government of the people's Government of the provinces, autonomous regions and municipalities directly under the People's Government of the people's Government of the people's Government of the people's Government of the ecological environment departments should be promptly consulted to receive the consent of the competent ecological environment departments, within the specified period of time approved the transfer of solid wastes out of provinces, autonomous regions and municipalities directly under the administrative region. Without approval, may not be transferred.
Transfer of solid wastes out of the provinces, autonomous regions and municipalities directly under the central government administrative area to use, should be reported to the solid waste removed from the provinces, autonomous regions and municipalities directly under the people's government of the competent ecological environment departments for the record. Transfer out of the provinces, autonomous regions and municipalities directly under the People's Government of the people's Government of the competent ecological environment departments should be filed to inform the receiving provinces, autonomous regions and municipalities directly under the People's Government of the competent ecological environment departments.
Article 22 prohibits the entry of solid wastes outside the People's Republic of dumping, dumping, disposal.
Article 23 The State gradually basic solid waste imports of zero, by the State Council departments in charge of ecological environment in conjunction with the State Council, commerce, development and reform, customs and other competent departments to organize and implement.
Article 24 The Customs found suspected solid waste imports, you can entrust professional institutions to carry out identification of properties, and according to the identification conclusions according to law management.
Article 25 The people's governments above the county level should be industrial solid waste, household garbage, hazardous waste and other solid waste pollution prevention and control of the environment into the environmental conditions and the completion of environmental protection objectives of the annual report to the People's Congress at this level or the People's Congress Standing Committee report.
Article 26 The ecological and environmental authorities and its environmental law enforcement agencies and other departments responsible for supervision and management of environmental pollution control of solid wastes, in their respective areas of responsibility have the right to engage in the generation, collection, storage, transportation, utilization, disposal of solid wastes and other activities, such as units and other production operators for on-site inspection. The inspected should truthfully reflect the situation, provide the necessary information.
The implementation of on-site inspection, can take on-site monitoring, sample collection, review or copy and solid waste pollution control related to environmental information and other measures. Inspectors on-site inspection, should show documents. On-site inspection of commercial secrets known to the site shall be confidential.
Article 27 of the following circumstances, the ecological environment departments and other departments responsible for supervision and management of environmental pollution control of solid wastes, can be illegal collection, storage, transport, use, disposal of solid wastes and facilities, equipment, places, tools, items to be seized, impounded:
(a) may cause the loss of evidence, be hidden or illegal transfer;
(b) cause or may cause serious environmental pollution.
Article 28 The ecological and environmental authorities shall, together with relevant departments to establish the generation, collection, storage, transportation, utilization, disposal of solid waste units and other production operators of the credit record system, the relevant credit records into the national credit information sharing platform, and shall be publicized, the implementation of joint disciplinary action.
Article 29 The municipal people's government in charge of ecology and the environment shall, together with housing and urban-rural development, agriculture and rural areas and other competent departments, regular release to the community of solid waste types, generation, disposal capacity, the use of disposal status and other information.
Generate, collect, store, transport, use, disposal of solid waste units, should be in accordance with relevant state regulations, timely disclosure of solid waste pollution control information, and actively accept social supervision.
Use, the disposal of solid waste units, should be in accordance with relevant state regulations, to the public open facilities to enhance public awareness and participation in environmental protection.
Article 30 Any unit or individual has the right to cause environmental pollution of solid waste units and individuals to report.
Ecological and environmental authorities and other departments responsible for environmental management of solid waste pollution prevention and management responsibilities should be solid waste pollution prevention and control of environmental reporting methods announced to the public, to facilitate public reporting.
Receive the report of the department should be promptly addressed and the informant's information to be confidential; on the real name of the report and verified, be rewarded.
Whistleblower reporting unit, the unit shall not be terminated, change the labor contract or other ways to retaliate against the whistleblower.
Chapter III Industrial Solid Waste
Article 31 The State Council shall, in conjunction with the competent ecological and environmental departments of the State Council, development and reform, industry and informatization and other competent departments of industrial solid waste pollution of the environment to be defined, the development of industrial solid waste pollution prevention and control of technical policies, the organization and promotion of advanced prevention and control of industrial solid waste pollution of the environment of the production process and equipment.
Article 32 The State Council department in charge of industry and information technology shall, in conjunction with relevant departments of the State Council, research, development and promotion of industrial solid waste generation and reduce the hazards of production processes and equipment, announced a deadline for the elimination of industrial solid waste generated by serious environmental pollution of the backward production process, backward equipment list.
Producers, sellers, importers, users should be in the State Council in charge of industry and information technology departments in conjunction with the relevant departments of the State Council to specify the period of time to stop production, respectively.
Inclusion in the list of eliminated equipment to be eliminated by the deadline, shall not be transferred to others.
Article 33 The State Council department in charge of industry and information technology shall, in conjunction with the State Council departments in charge of ecology and environment, periodically issued comprehensive utilization of industrial solid waste technology, technology, equipment and product-oriented directory, the organization of industrial solid waste resources comprehensive utilization evaluation, promote the comprehensive utilization of industrial solid waste.
Article 34 The local people's government at or above the county level should develop industrial solid waste pollution prevention and control work planning, organization and construction of industrial solid waste disposal facilities, promote industrial solid waste pollution prevention and control of the environment.
Article 35 The generation of industrial solid waste units shall establish and improve the industrial solid waste generation, collection, storage, transportation, utilization, disposal of the whole process of pollution and environmental pollution prevention responsibility system, the establishment of industrial solid waste management ledger, truthfully record the generation of industrial solid waste types, quantities, destinations and other information to achieve industrial solid waste traceable, searchable, and take measures to prevent industrial solid waste pollution of the environment.
Prohibit solid industrial waste to domestic waste collection facilities put in place.
Article 36 The generation of industrial solid waste units entrusted to others the transport, use, disposal of industrial solid waste, should be entrusted to verify the main qualifications and technical capabilities, signed a written contract in accordance with the law, in the contract agreed pollution prevention requirements.
Entrusted party in the transport, use, disposal of industrial solid waste activities, should be in accordance with the provisions of state laws and regulations and contractual agreements to perform pollution prevention requirements, and at the end of the activities will be transported, used, and informed of the disposal of industrial solid waste generated by the unit.
Generate industrial solid waste units in violation of the provisions of paragraph 1 of this article, in addition to be punished in accordance with relevant laws and regulations, but also shall be entrusted with causing environmental pollution and ecological damage to bear joint and several liability.
Article 37 The generation of industrial solid waste units shall implement mandatory clean production audit, the rational choice and use of raw materials, energy and other resources, the use of advanced production technology and equipment, to reduce the amount of industrial solid waste generation, reduce the hazards of industrial solid waste.
Article 38 The generation of industrial solid waste units and other units in accordance with the law to implement emissions permit management units, should obtain a permit to discharge. Specific measures and implementation of discharge permits by the State Council and the steps specified.
Generate industrial solid waste units should be generated to the local ecological and environmental authorities to provide industrial solid waste types, generation, flow, storage, utilization, disposal and other relevant information, as well as to reduce the generation of industrial solid waste, promote comprehensive utilization of specific measures, and in accordance with the requirements of the discharge permit management of industrial solid waste generated.
Article 39 The generation of industrial solid waste units should be based on economic and technical conditions of industrial solid waste to be utilized; on the temporary non-use or can not be used, it should be in accordance with the provisions of the State Council departments in charge of ecological environment to build storage facilities, places, security classification storage, or take harmless disposal measures. Industrial solid wastes should be stored with protective measures in line with national environmental protection standards.
Construction of industrial solid waste storage, disposal facilities, facilities, places, should be consistent with national environmental protection standards.
Article 40 The generation of industrial solid waste units need to terminate, industrial solid waste should be prior to the storage and disposal of facilities, places to take pollution prevention measures, and the industrial solid waste is not disposed of to make proper disposal, to prevent pollution of the environment.
Generate industrial solid waste units changed, the changed unit shall, in accordance with relevant state environmental protection regulations on industrial solid waste is not disposed of and its storage, disposal facilities, places for safe disposal or take measures to ensure the safe operation of the facilities, places. The parties before the change of industrial solid waste and its storage, disposal facilities, pollution prevention and control of the site of the responsibility of another agreement, from their agreement; however, shall not exempt the parties from the pollution prevention and control obligations.
Before the implementation of this law has been terminated before the unit has not disposed of industrial solid waste and its storage, disposal facilities, safe disposal of premises costs borne by the relevant People's Government; however, the unit enjoys the land use rights transferred according to law, shall be the transferee of land use rights to bear the disposal costs. The parties have agreed otherwise, from their agreement; however, shall not exempt the parties from the pollution prevention obligations.
Article 41 The mining enterprises shall adopt scientific mining methods and beneficiation process, reduce tailings, gangue, waste rock and other mining solid waste generation and storage capacity.
The state encourages the adoption of advanced technology of tailings, gangue, waste rock and other mining solid wastes for comprehensive utilization.
Tailings, gangue, waste rock and other mining solid waste storage facilities out of use, mining enterprises should be in accordance with relevant state environmental protection regulations for closure, to prevent environmental pollution and ecological damage.
Chapter IV Domestic Waste
Article 42 The implementation of domestic garbage classification to promote government, full participation, urban and rural areas, according to local conditions, simple and easy to implement the principle.
Article 43 The local people's government at or above the county level should be taken in line with the local reality of the classification, to speed up the establishment of domestic waste classification, sorting, collection, transportation, classification and disposal of waste disposal system to achieve effective coverage of the garbage classification system.
Local people's governments at or above the county level should establish a sound coordination mechanism for domestic waste classification, to strengthen the management of domestic waste classification capacity building.
People's governments at all levels and their relevant departments should organize the propaganda of domestic garbage classification, education and guidance to the public to develop habits of living garbage classification, supervision and guidance of living garbage classification.
Article 44 The local people's government at or above the county level should be planned to improve the fuel structure, the development of clean energy.
Local people's government departments above the county level should strengthen product production and circulation process management, avoid excessive packaging, the organization of vegetables listed, reduce the amount of household waste.
Article 45 The people's governments above the county level should make arrangements for the construction of urban and rural domestic waste collection, transportation, disposal facilities, clear facilities site, improve the comprehensive utilization of domestic waste and harmless disposal level, promote the collection of domestic waste, disposal of industrial development, and gradually establish and improve the social service system for the prevention and control of domestic waste pollution of the environment.
Local people's government departments above the county level should be coordinated planning, reasonable arrangements for recycling, sorting, baling outlets, and promote the recycling of household waste.
Qualified places, urban and rural areas or densely populated rural garbage, can be incorporated into the city's household garbage collection, transportation, disposal system; other rural household garbage, should be properly handled to prevent environmental pollution.
Article 46 The people's government above the municipal level in charge of environmental health departments should develop domestic garbage cleaning, collection, storage, transportation and disposal facilities, construction and operation of the site specifications, issued a guide to classify household garbage directory, good supervision and management.
Article 47 The local people's government at or above the county level, environmental health and other competent departments should organize urban and rural household garbage cleaning, collection, transportation and disposal, can be selected through bidding and other means qualified units engaged in household garbage cleaning, collection, transportation and disposal.
Article 48 The generation of domestic waste units and individuals shall perform source reduction of domestic waste and sorting obligations, bear the responsibility of domestic waste producers.
Any unit or individual shall, in accordance with the relevant provisions, in the designated location of domestic waste, shall not be dumped, dumped, stacked or burned.
Agencies, institutions, state-owned enterprises, etc. should play a leading role in the demonstration of domestic waste classification work.
Article 49 of the cleaning, collection, transportation, disposal of urban and rural domestic waste, shall comply with relevant state environmental protection and environmental health management regulations to prevent pollution of the environment.
From the classification of household garbage out of hazardous waste, is a hazardous waste, the local people's government at or above the county level should be managed in accordance with the hazardous waste; the other hazardous waste should be properly disposed of to prevent environmental pollution.
Article engaged in public transportation business units, should be in accordance with relevant state regulations, sweeping, collection and transportation process generated by the domestic waste.
Article 51 engaged in the development of new urban areas, reconstruction of old areas and residential development and construction, village construction units, as well as airports, docks, stations, parks, stores and other public facilities, places management units, should be in accordance with the relevant state environmental health regulations, supporting the construction of domestic garbage collection facilities.
Local people's governments at or above the county level should co-ordinate the public transit of domestic waste, disposal facilities and the preceding paragraph provides for the effective convergence of collection facilities, and to strengthen the separate collection system of domestic waste and recycling system in the planning, construction, operation and other aspects of the integration.
Article 52 The material recovered from domestic waste should be in accordance with state regulations or standards of use, may not be used for the production of products that may endanger human health.
Article 53 The construction of domestic waste disposal facilities, places, should be consistent with the State Council departments in charge of ecological environment and the State Council departments in charge of housing and urban-rural construction regulations of environmental protection and environmental health standards.
Encourage qualified areas to coordinate the construction of domestic waste disposal facilities, and promote the sharing of domestic waste disposal facilities across administrative regions.
Prohibit unauthorized closure, idle or dismantling of domestic waste disposal facilities, places; it is necessary to close, idle or dismantle, it shall be the local municipal and county people's government environmental health departments in charge of the local ecological and environmental protection departments agreed to approve, and take measures to prevent pollution of the environment.
Article 54 The disposal of domestic waste disposal unit shall, in accordance with relevant state regulations, the installation and use of monitoring equipment, real-time monitoring of emissions of pollutants, pollution emissions data will be made public in real time. Monitoring equipment should be with the local ecological and environmental authorities monitoring equipment networking.
Article 55 of the local people's government above the county level environmental health departments responsible for organizing the harmless disposal of food waste.
Generation, collection of food waste units and other production operators, food waste should be handed over to the unit with the appropriate qualifications for harmless disposal.
Prohibit livestock and poultry farms, farming communities without the use of non-hazardous treatment of food waste feeding livestock and poultry.
Article 56 The local people's government at or above the county level shall, in accordance with the principle of producer-pays, the establishment of domestic waste disposal fee system.
Local people's governments at or above the county level should be combined with the classification of domestic waste, according to local reality, fully solicit public opinion, develop and publish the differential charges for domestic waste disposal.
Domestic waste disposal fees should be used for domestic waste collection, transportation and disposal.
Article 57 of the provinces, autonomous regions, municipalities directly under the Central Government and district-level cities, autonomous prefectures can be classified for domestic waste to develop specific management methods.
Chapter V Solid Waste of Construction Industry, Agriculture, etc.
Article 58 The construction unit shall prepare construction waste disposal program to take environmental pollution control measures, and reported to the local people's government above the county level environmental health departments for the record.
Project construction units should be timely removal of construction waste and other solid waste generated in the course of construction, and in accordance with the provisions of the environmental health departments for the use or disposal of the competent authorities.
Article 59 The local people's government above the county level environmental health departments responsible for the prevention of construction waste pollution of the environment, the establishment of the whole process of construction waste management system, standardize the generation of construction waste, collection, storage, transportation, utilization, disposal behavior, promote comprehensive utilization, strengthen the disposal of construction waste facilities, construction sites, to ensure safe disposal, to prevent environmental pollution.
Article 60 The people's government at or above the county level in charge of agriculture and rural departments responsible for guiding the construction of agricultural solid waste recycling system, encourage and guide relevant units and other production operators according to the collection, storage, transportation, utilization, disposal of agricultural solid waste, to prevent environmental pollution.
Generation of straw, waste agricultural film, pesticide packaging waste and other agricultural solid waste units and other production operators, should take recycling and other measures to prevent environmental pollution.
Engaged in large-scale livestock and poultry farming should be in accordance with relevant state regulations on the collection, storage, utilization or disposal of livestock and poultry manure generated in the breeding process to prevent environmental pollution.
Prohibit open burning of straw in populated areas, around airports, near major transportation routes and other areas designated by the local people's government.
State encourages research and development, production, sales, use in the environment and environmentally degradable and harmless agricultural film coverings.
Article 61 The establishment of electrical and electronic products such as electrical and electronic producers to extend the responsibility of the system to encourage producers to carry out ecological design, the establishment of recycling systems and open to the community, and promote resource recycling.
Electrical and electronic products such as electrical and electronic producers should be self-built or commissioned to establish and product sales to match the recycling system of waste products.
Article 62 The state of waste electrical and electronic products to implement multi-channel recycling and centralized treatment system.
Prohibit the abandoned motor vehicles and boats, etc. to non-compliant enterprises or individuals recycling, dismantling.
Dismantling, use, disposal of waste electrical and electronic equipment, abandoned motor vehicles and boats, etc., should comply with relevant laws and regulations, measures to prevent pollution of the environment.
Article 63 The design of products and packaging, manufacturing, should comply with the relevant state regulations on cleaner production.
Standardization department under the State Council should be based on national economic and technological conditions, solid waste pollution prevention and control of environmental conditions, as well as the technical requirements of the product, the organization developed relevant standards to prevent environmental pollution caused by excessive packaging.
Production, sale, import according to law is included in the mandatory recycling catalog of products and packaging companies, should be in accordance with relevant state regulations on the recovery of the product and packaging. State to encourage e-commerce, express delivery, takeaway and other industries to prioritize the use of reusable, easy to recycle packaging.
State to encourage and guide consumers to use green packaging and packaging reduction.
Article 64 In accordance with relevant state regulations to restrict the production, sale and use of non-degradable plastic bags and other disposable plastic products, retail establishments operating units, e-commerce platform enterprises and express delivery companies, delivery companies shall, in accordance with relevant state regulations, disclose the use of plastic bags and other disposable plastic products, recycling.
State to encourage and guide the reduction of the use of plastic bags and other disposable plastic products, promote the application of recyclable, biodegradable, alternative products.
Article 65 of the tourism, catering and other industries should be gradually implemented without the initiative to provide disposable items.
Agencies, enterprises and institutions, such as offices should use environmentally friendly products, equipment and facilities, reduce the use of disposable office supplies.
Article 66 of the maintenance and operation of urban sewage treatment facilities or sludge treatment and disposal units should be safe to handle and dispose of sludge, to ensure that after treatment and disposal of sludge in line with relevant state standards, the direction of the sludge, use, dosage, etc. to track, record, and report to the urban drainage authority, the competent ecological and environmental authorities.
People's government above the county level urban drainage departments should be sludge treatment and disposal facilities into urban drainage and sewage treatment planning, promote the construction of sludge treatment and disposal facilities and sewage treatment facilities, encourage coordinated disposal, sewage treatment fee collection standards and compensation should cover the cost of sludge disposal and sewage treatment facilities normal operating costs.
Article 67 prohibits unauthorized dumping, dumping, abandoning, abandoned urban sewage treatment facilities generated sludge and sludge after treatment and disposal.
Prohibit heavy metals or other toxic and harmful substances exceeding the content of sludge into agricultural land.
Dredging of water bodies should be engaged in dredging in accordance with the relevant provisions of the state treatment and disposal of bottom mud generated in the process of dredging to prevent environmental pollution.
Chapter 6: Hazardous Waste
Article 68 The prevention and control of pollution of the environment by hazardous wastes, the provisions of this chapter apply; this chapter does not provide, the application of other relevant provisions of this Act.
Article 69 The ecological environment authorities under the State Council shall, in conjunction with the relevant departments of the State Council to develop a national list of hazardous wastes, the provisions of a unified standard for identification of hazardous wastes, identification methods, identification markers and identification of units management requirements. The national list of hazardous wastes shall be dynamically adjusted.
Ecological and environmental authorities under the State Council according to the hazardous characteristics of hazardous wastes and the number of hazardous wastes generated, the scientific assessment of its environmental risks, the implementation of classification, classification management, the establishment of information-based regulatory system, and through information management, sharing of hazardous waste transfer data and information.
Article 70 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government should organize the relevant departments to prepare centralized disposal of hazardous waste facilities, the construction plan, scientific assessment of the demand for hazardous waste disposal, the rational layout of centralized disposal of hazardous waste facilities, places, to ensure that the administrative area of hazardous waste is properly disposed of.
Preparation of centralized disposal of hazardous waste facilities, sites of construction planning, should seek the views of relevant industry associations, enterprises and institutions, experts and the public and other aspects.
Adjacent provinces, autonomous regions and municipalities directly under the Central Government can carry out regional cooperation, the coordinated construction of regional hazardous waste disposal facilities, places.
Article 71 of the containers and packaging of hazardous wastes and the collection, storage, transportation, utilization, disposal of hazardous wastes, facilities, places, hazardous waste identification markers should be set.
Article 72 of the generation of hazardous waste units, shall, in accordance with relevant state regulations to develop a hazardous waste management plan, and through the national hazardous waste information management system to the local ecological and environmental authorities to declare the type of hazardous waste, generation, flow, storage, disposal and other relevant information.
Hazardous waste management plan referred to in the preceding paragraph should include measures to reduce the amount of hazardous waste generation and hazards, as well as hazardous waste storage, utilization, disposal measures. Hazardous waste management plan should be reported to generate hazardous waste units of the local ecological environment authorities for the record.
Generate hazardous waste units have obtained a sewage permit, the implementation of the provisions of the sewage permit management system.
Article 73 of the generation of hazardous waste units, should be in accordance with relevant state regulations and environmental protection standards require storage, use, disposal of hazardous waste, not unauthorized dumping, dumping.
Article 74 engaged in the collection, storage, use, disposal of hazardous waste business activities of the unit, it shall apply for hazardous waste business license in accordance with relevant state regulations.
Hazardous waste business license specific management measures developed by the State Council.
Prohibit no business license or not in accordance with the provisions of the license to engage in the collection, storage, use, disposal of hazardous waste business activities.
Prohibit the provision of hazardous waste or entrusted to non-licensed units or other production operators engaged in the collection, storage, utilization, disposal activities.
Article 75 The collection and storage of hazardous wastes, shall be classified in accordance with the characteristics of hazardous wastes.
Prohibit mixed collection, storage, transportation and disposal of incompatible properties without safe disposal of hazardous wastes.
Storage of hazardous wastes should be taken in line with national environmental protection standards for protective measures.
It is prohibited to mix hazardous wastes with non-hazardous wastes for storage.
Engaged in the collection, storage, utilization, disposal of hazardous waste business activities, storage of hazardous waste shall not exceed one year; need to extend the period shall be reported to the original approval of the operating license of the ecological and environmental authorities for approval; laws and administrative regulations, except where otherwise provided.
Article 76 of the transfer of hazardous wastes, it shall be completed in accordance with relevant state regulations, the operation of electronic transfer of hazardous wastes combined single. Transfer of hazardous wastes across provinces, autonomous regions and municipalities directly under the central government, shall be transferred to the hazardous waste to the province, autonomous region or municipality directly under the people's government to apply to the competent ecological environment department.
The competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the central government shall consult the competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the central government to approve the transfer of hazardous wastes in a timely manner. Without approval, no transfer.
Hazardous waste transfer management should be the whole control, improve efficiency, the specific measures by the State Council departments in charge of ecological environment in conjunction with the State Council departments in charge of transportation and public security departments to develop.
Transfer of hazardous wastes across provinces, autonomous regions and municipalities directly under the central government, the hazardous waste removed from the provinces, autonomous regions and municipalities directly under the People's Government of the competent departments of ecological environment should be approved to inform the relevant provinces, autonomous regions and municipalities directly under the People's Government of the competent departments of ecological environment and transport authorities.
Article 77 The transport of hazardous wastes, should take measures to prevent pollution of the environment, and to comply with the provisions of the state management of transport of dangerous goods.
Prohibit the transport of hazardous wastes and passengers on the same means of transport.
Article 78 of the collection, storage, transport, use, disposal of hazardous waste places, facilities, equipment and containers, packaging and other items to be used for other purposes, it should be in accordance with relevant state regulations after decontamination of the treatment, before use.
Article 79 of the generation, collection, storage, transportation, utilization, disposal of hazardous waste units, shall, in accordance with the relevant provisions of the development of accident prevention measures and contingency plans, and to the local ecological and environmental authorities and other departments responsible for the supervision and management of solid waste pollution and environmental management responsibilities for the record; ecological and environmental authorities and other departments responsible for the supervision and management of solid waste pollution and environmental management responsibilities should be inspected.
Article 80 due to accidents or other emergencies, resulting in serious pollution of the environment of hazardous waste units, should immediately take measures to eliminate or reduce environmental pollution hazards, timely notification of pollution hazards may be affected by units and residents, and to the local ecological and environmental authorities and relevant departments of the report, to accept the investigation and handling.
Article 81 in the occurrence or evidence that may occur hazardous wastes seriously pollute the environment, threatening the safety of life and property of residents, the competent ecological and environmental departments or other departments responsible for supervision and management of environmental pollution control of solid wastes should be immediately reported to the people's government at this level and the people's government at the next level of the relevant departments, by the people's government to take effective measures to prevent or mitigate the harm.
The people's government concerned may, as necessary, order the cessation of operations that cause or may cause environmental pollution accidents.
Article 82 of the key hazardous waste disposal facilities, facilities before decommissioning, the operating unit shall, in accordance with relevant state regulations on facilities, places to take pollution prevention measures.
Decommissioning costs should be withheld, included in the investment estimates or production costs, specifically for the focus on centralized disposal of hazardous wastes facilities, sites decommissioning. Specific extraction and management measures, by the State Council finance department, the price department in charge in conjunction with the State Council departments in charge of ecological environment regulations.
Article 83 prohibits the transit transfer of hazardous wastes through the People's Republic of China.
Chapter VII Safeguards
Article 84 The relevant departments of the State Council, local people's governments at or above the county level and their relevant departments in the preparation of land and spatial planning and related special planning, should co-ordinate domestic garbage, hazardous wastes and other solid waste transfer, centralized disposal facilities, such as construction needs, to protect the transfer, centralized disposal facilities such as land.
Article 85 The state to adopt economic and technical policies and measures conducive to the prevention of solid waste pollution of the environment, encourage and support the relevant parties to adopt measures conducive to the prevention of solid waste pollution of the environment, and promote the development of solid waste pollution of the environment prevention industry.
Article 86 The state encourages scientific research units, solid waste generating units, solid waste utilization units, solid waste disposal units and other joint research and development, research and development of solid waste utilization, centralized disposal and other new technologies, and promote the technological progress of solid waste pollution prevention and control of environmental pollution.
Article 87 The people's governments at all levels should strengthen the prevention and control of solid waste pollution of the environment, arrange the necessary funds for the following matters:
(a) the prevention of solid waste pollution of the environment scientific and technological research and development;
(b) the classification of domestic waste;
(c) the construction of centralized solid waste disposal facilities;
(d) other matters related to the prevention and control of solid waste pollution of the environment as stipulated by the people's governments at all levels.
The use of funds should strengthen performance management and audit supervision to ensure the effectiveness of the use of funds.
Article 88 The state encourages and supports social forces to participate in the prevention of solid waste pollution of the environment.
Article 89 The state encourages financial institutions to increase credit to solid waste pollution prevention and control of environmental projects.
Article 90 engaged in the comprehensive utilization of solid wastes and other solid waste pollution prevention and control work, in accordance with the provisions of laws and administrative regulations, enjoy preferential taxation.
State to encourage and promote the community to prevent solid waste pollution of the environment donated property, and in accordance with the provisions of laws and administrative regulations, to give preferential taxation.
Article 91 collection, storage, transport, utilization, disposal of hazardous waste units, should be in accordance with relevant state regulations, insurance environmental liability insurance.
Article 92 The state encourages units and individuals to buy and use recycled products and reusable products.
People's Government at or above the county level and its relevant departments in the government procurement process, should give priority to the procurement of recycled products and reusable products.
Chapter VIII Legal Liability
Article 93 The competent ecological and environmental authorities or other departments responsible for environmental supervision and management of solid waste pollution control duties in violation of this law, one of the following acts, by the people's government at this level or the higher people's government departments concerned ordered to rectify the directly responsible officers in charge and other directly responsible persons shall be given sanctions:
(a) not in accordance with the law to make an administrative license or for approval of documents;
(b) found violations or received a report of violations of the investigation and handling of non-compliance;
(3) other behaviors that do not perform supervisory and management duties according to law.
In accordance with the provisions of this Law shall make an administrative penalty decision and not made, the higher authorities may directly make an administrative penalty decision.
Article 94 Violation of the provisions of this Law, one of the following acts, by the competent ecological and environmental authorities ordered to correct, impose a fine, confiscate the illegal income; the circumstances are serious, reported to the people's government with the approval of the approval authority, can be ordered to suspend or close down:
(a) generation, collection, storage, transportation, utilization, disposal of solid waste units not in accordance with relevant state regulations timely disclosure of solid waste pollution control information;
(b) failure of domestic waste disposal units to install and use monitoring equipment in accordance with relevant state regulations, real-time monitoring of pollutant emissions and the disclosure of pollution emission data;
(c) the deadline for the transfer of equipment to be eliminated on the list of eliminated equipment to others to use;
(D) in the ecological protection of the red line area, permanent basic farmland concentration areas and other areas requiring special protection, the construction of industrial solid wastes, hazardous wastes, concentrated storage, utilization, disposal of facilities, places and domestic landfills;
(E) unauthorized transfer of solid wastes out of provinces, autonomous regions and municipalities directly under the central government administrative areas of storage, disposal, or storage, disposal of solid wastes without approval of transfer out of provinces, autonomous regions and municipalities directly under the central government administrative areas of solid waste;
(F) transfer of solid wastes out of provinces, autonomous regions and municipalities directly under the central government administrative region to use unreported for the record;
(g) unauthorized dumping, dumping, abandoning, abandoning industrial solid waste, or fail to take appropriate precautions, resulting in industrial solid waste spreading, loss, leakage or other environmental pollution;
(h) generate industrial solid waste units have not established solid waste management accounts and records;
(i) Generating industrial solid waste units in violation of the provisions of this Act entrusted to others to transport, use and dispose of industrial solid waste;
(j) Storage of industrial solid waste without taking protective measures in line with national environmental protection standards;
(k) units and other production operators in violation of other requirements of solid waste management, pollution of the environment, ecological damage.
There are the first paragraph, one of the eighth act, a fine of 50,000 yuan or more than 200,000 yuan; there are the second, third, fourth, fifth, sixth, ninth, tenth, eleventh act, a fine of 100,000 yuan or more than one million yuan; there are the seventh act, a fine of not less than three times the required disposal costs, but the fine shall not be less than 100,000 yuan.
Article 95 Violation of the provisions of this Law, to delay, blockade, detention of law enforcement officers and other ways to refuse, obstruct supervision and inspection, or fraud in the supervision and inspection, by the competent ecological and environmental authorities or other departments responsible for supervision and management of environmental pollution control of solid wastes ordered to rectify, impose more than five million yuan two hundred thousand yuan fine; the person in charge of the directly responsible and other directly responsible personnel, impose more than 20,000 yuan fine of less than 100,000 yuan.
Article 96 Violation of the provisions of this Law, not according to law to obtain a sewage permit, by the competent ecological environment departments ordered to correct or restrict production, stopping the remediation, impose more than ten million yuan a million yuan fine; the circumstances are serious, reported to the approval of the people's government with approval authority, and ordered to shut down or close down.
Article 97 Commodity retail establishments operating units, e-commerce platform enterprises, courier companies, take-away companies are not in accordance with relevant state regulations to disclose the use of plastic bags and other disposable plastic products, recycling, by the local people's government at or above the county level, commerce, postal and other competent departments in accordance with their respective responsibilities to order rectification, impose more than 10,000 yuan and 100,000 yuan of fines.
Article 98 in livestock and poultry farming is not in accordance with relevant state regulations on the collection, storage, utilization, disposal of animal and poultry manure, by the competent ecological environment departments ordered to correct, can be imposed a fine of less than ten million yuan; the circumstances are serious, reported to the people's government has the right to approve, and ordered the closure of business or closure.
Article 99 Violation of the provisions of this Law, urban sewage treatment facilities, maintenance and operation units or sludge treatment and disposal units on the sludge whereabouts, use, amount of sludge, etc. is not tracked, records, or after treatment and disposal of sludge does not meet the relevant state standards, by the urban drainage department shall order the deadline to take measures to treat, give a warning; resulting in serious consequences, impose more than 100,000 yuan two hundred thousand yuan of fines; fails to take measures to treat, the urban drainage department can specify the ability to treat the unit governance, the required cost borne by the offender.
Violation of the provisions of this Act, unauthorized dumping, dumping, abandoning, abandoning urban sewage treatment facilities generated sludge and sludge treatment and disposal, by the urban drainage department in charge ordered to stop the violation, take governance measures within a period of more than 200,000 yuan, a fine of more than two million yuan, the person in charge of the directly responsible and other directly responsible persons shall impose a fine of more than 200,000 yuan and less than 100,000 yuan; resulting in serious consequences, More than two million five million yuan fine, the person in charge of the directly responsible and other directly responsible personnel impose more than fifty thousand yuan fine of less than five hundred thousand yuan; overdue governance measures are not taken, the urban drainage authority can specify the ability to govern the unit on behalf of the governance, the required cost borne by the offender.
Article 100 violation of the provisions of this law, production, sale, import or use of obsolete equipment, or the use of obsolete production process, by the local people's government above the county level by the department designated to order corrections, impose more than one million yuan fine, confiscate the illegal income; the circumstances are serious, by the local people's government above the county level by the department designated to make comments, reported to the approval of the people's government with approval authority, and ordered to shut down or close down.
Article 101 tailings, gangue, waste rock and other mining solid waste storage facilities out of service, not in accordance with relevant state environmental protection regulations for closure of the field, by the competent ecological and environmental protection departments ordered to rectify, impose more than 200,000 yuan one million yuan fine.
Article 102 Violation of the provisions of this Law,
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