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(Authorized to issue) Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

(Summary description)Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

(Authorized to issue) Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

(Summary description)Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

Information

  Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

  (Adopted at the Sixteenth Meeting of the Standing Committee of the Eighth National People’s Congress on October 30, 1995. The first revision at the Thirteenth Meeting of the Standing Committee of the Tenth National People’s Congress on December 29, 2004 On April 29, the third meeting of the Standing Committee of the Twelfth National People’s Congress "Decision on Amending Twelve Laws including the Cultural Relics Protection Law of the People’s Republic of China" was revised for the first time on April 24, 2015. The fourteenth meeting of the Standing Committee of the National People's Congress "Decision on Amending Seven Laws including the "Port Law of the People's Republic of China"" The second amendment was based on the Standing Committee of the 12th National People's Congress on November 7, 2016 Twenty-fourth meeting "Decision on Amending Twelve Laws including the "Foreign Trade Law of the People's Republic of China"" Third Amendment 17th meeting of the Standing Committee of the 13th National People's Congress on April 29, 2020 Second revision)

  Chapter One   General Provisions

  table of Contents

  Chapter Two   Supervision and Management

  Chapter Three Industrial Solid Waste

  Chapter Four   Domestic Garbage

  Chapter 5  Construction waste, agricultural solid waste, etc.

  Chapter VI   Hazardous Waste

  Chapter Seven   Safeguard Measures

  Chapter 8   Legal Liability

  Chapter 9   Supplementary Provisions

  Chapter One   General Provisions

  Article 1   In order to protect and improve the ecological environment, prevent and control solid waste pollution, protect public health, maintain ecological safety, promote the construction of ecological civilization, and promote sustainable economic and social development, this law is formulated.

  Article 2   This law applies to the prevention and control of environmental pollution by solid waste.

  The prevention and control of marine environment pollution by solid waste and the prevention and control of environmental pollution by radioactive solid waste do not apply to this law.

  Article 3 The state promotes green development methods to promote cleaner production and the development of circular economy.

  The country advocates a simple and moderate, green and low-carbon lifestyle, and guides the public to actively participate in the prevention and control of environmental pollution by solid waste.

  Article 4 The prevention and control of environmental pollution by solid waste adhere to the principles of reduction, resource utilization and harmlessness.

  All units and individuals should take measures to reduce the amount of solid waste generated, promote the comprehensive utilization of solid waste, and reduce the hazards of solid waste.

  Article 5 The prevention and control of environmental pollution by solid waste adhere to the principle of pollution responsibility.

  Units and individuals that generate, collect, store, transport, utilize, and dispose of solid waste shall take measures to prevent or reduce the environmental pollution caused by solid waste, and shall be held responsible for the environmental pollution caused by the law.

  Article 6 The state promotes a domestic waste classification system.

  Domestic waste classification adheres to the principles of government promotion, public participation, urban and rural coordination, local conditions, and simplicity.

  Article 7   Local people's governments at various levels shall be responsible for the prevention and control of environmental pollution by solid waste in their respective administrative regions.

  The state implements a target responsibility system and an assessment and evaluation system for the prevention and control of environmental pollution by solid waste, and incorporates the completion of the prevention and control targets for solid waste into the content of the assessment and evaluation.

  Article 8   People's governments at all levels shall strengthen the leadership of the prevention and control of environmental pollution by solid waste, and organize, coordinate, and supervise the relevant departments to perform the duties of supervision and management of the prevention and control of environmental pollution by solid waste in accordance with the law.

  Provinces, autonomous regions, and municipalities directly under the Central Government may negotiate to establish a joint prevention and control mechanism for solid waste pollution across administrative regions, and coordinate planning and formulation, facility construction, and solid waste transfer.

  Article 9 The competent department of ecological environment of the State Council shall implement unified supervision and management of the prevention and control of environmental pollution by solid waste throughout the country. The State Council's development and reform, industry and information technology, natural resources, housing and urban-rural construction, transportation, agriculture and rural areas, commerce, health, and customs are responsible for the supervision and management of solid waste pollution prevention and control within their respective responsibilities.

  The competent department of ecological environment of the local people's government shall implement unified supervision and management of the prevention and control of environmental pollution by solid waste in the administrative area. The local people's government development and reform, industry and information technology, natural resources, housing and urban-rural construction, transportation, agriculture and rural areas, commerce, health and other competent departments are responsible for the supervision and management of solid waste pollution prevention and control within their respective responsibilities.

  Article 10   The state encourages and supports scientific research, technological development, advanced technology promotion and scientific popularization of the prevention and control of environmental pollution by solid waste, and strengthens scientific and technological support for the prevention and control of environmental pollution by solid waste.

  Article 11: State agencies, social organizations, enterprises and institutions, grassroots autonomous organizations and news media shall strengthen publicity, education and scientific popularization of the prevention and control of environmental pollution by solid waste, and increase public awareness of prevention and control of environmental pollution by solid waste.

  Schools should carry out knowledge dissemination and education on the classification of domestic garbage and other solid waste pollution prevention and control.

  Article 12: People's governments at all levels shall commend and reward the units and individuals that have made outstanding achievements in the prevention and control of solid waste pollution and related comprehensive utilization activities in accordance with relevant national regulations.

  Chapter Two   Supervision and Management

  Article 13 People’s governments at or above the county level shall incorporate the prevention and control of environmental pollution by solid waste into the national economic and social development plan and ecological environmental protection plan, and take effective measures to reduce the amount of solid waste generated, promote the comprehensive utilization of solid waste, and reduce solid waste. The hazard of waste, minimize the amount of solid waste landfilled.

  Article 14 The competent department of ecological environment of the State Council shall, in conjunction with relevant departments of the State Council, formulate solid waste identification standards, identification procedures and national technical standards for the prevention and control of environmental pollution by solid waste in accordance with the national environmental quality standards and national economic and technical conditions.

  Article 15   The standardization department of the State Council shall, in conjunction with the development and reform, industry and informatization, ecological environment, agriculture and rural areas and other competent departments of the State Council, formulate standards for the comprehensive utilization of solid waste.

  The comprehensive utilization of solid waste shall abide by the laws and regulations of the ecological environment and meet the technical standards for the prevention and control of environmental pollution by solid waste. The use of solid waste comprehensive utilization products shall comply with the purposes and standards prescribed by the state.

  Article 16   The State Council’s competent department of ecology and environment shall, in conjunction with relevant departments of the State Council, establish a national information platform for the prevention and control of environmental pollution by solid waste such as hazardous waste, and promote the monitoring and information traceability of the entire process of solid waste collection, transfer, and disposal.

  Article 17   The construction of projects that generate, store, utilize, and dispose of solid waste shall conduct environmental impact assessments in accordance with the law, and comply with the national regulations on environmental protection management for construction projects.

  Article 18 The environmental impact assessment documents of the construction project determine that the solid waste pollution prevention and control facilities that need to be built should be designed, constructed and put into use at the same time as the main project. The preliminary design of a construction project shall, in accordance with the requirements of the environmental protection design specification, incorporate the prevention and control of environmental pollution by solid waste into the environmental impact assessment document, implement measures for prevention and control of environmental pollution by solid waste and damage to the ecology, and an investment budget for the prevention and control of environmental pollution by solid waste.

  The construction unit shall, in accordance with the provisions of relevant laws and regulations, check and accept the supporting facilities for the prevention and control of environmental pollution caused by solid waste, prepare an acceptance report, and make it public.

  Article 19   Units and other producers and operators that collect, store, transport, utilize, and dispose of solid waste shall strengthen the management and maintenance of related facilities, equipment and places to ensure their normal operation and use.

  Article 20 Units and other producers and operators that generate, collect, store, transport, utilize, and dispose of solid waste shall adopt measures to prevent scattering, loss, leakage, or other environmental pollution, and shall not dump or stack them without authorization. , Discard, and discard solid waste.

  It is forbidden for any unit or individual to dump, stack, or store solid waste to rivers, lakes, canals, channels, reservoirs and their beaches and bank slopes below the highest water level, and other locations specified by laws and regulations.

  Article 21: It is forbidden to construct facilities and sites for the centralized storage, utilization, and disposal of industrial solid waste and hazardous waste, as well as domestic garbage landfills, in areas with ecological protection red lines, permanent basic farmland concentrated areas, and other areas that need special protection.

  Article 22   For the transfer of solid waste out of the administrative area of ​​a province, autonomous region, or municipality directly under the Central Government for storage and disposal, an application shall be submitted to the competent department of ecological environment of the people’s government of the province, autonomous region, or municipality where the solid waste is removed. The competent department of ecology and environment of the people’s government of the province, autonomous region, and municipality directly under the Central Government of the place of transfer shall promptly negotiate with the competent department of ecology and environment of the people’s government of the receiving province, autonomous region, or municipality directly under the Central Government, and approve the transfer of the solid waste out of the province, autonomous region, or municipality within the prescribed time limit Administrative regions. Without approval, no transfer is allowed.

  If the solid waste is transferred out of the administrative area of ​​a province, autonomous region, or municipality directly under the Central Government, it shall be reported to the competent department of ecological environment of the people’s government of the province, autonomous region, or municipality where the solid waste is removed for record. The competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the Central Government of the place of transfer shall notify the competent department of ecological environment of the people's government of the province, autonomous region, or municipality directly under the Central Government of the receiving place.

  Article 23 It is forbidden to dump, stack and dispose of solid waste outside the People’s Republic of China.

  Article 24   The state gradually realizes zero import of solid waste, which shall be organized and implemented by the State Council’s competent department of ecology and environment in conjunction with the State Council’s commerce, development and reform, customs and other competent departments.

  Article 25   If the customs finds that the imported goods are suspected of being solid waste, it may entrust a professional organization to carry out attribute identification, and manage it in accordance with the law according to the identification conclusion.

  Article 26 The competent department of ecological environment and its environmental law enforcement agencies and other departments responsible for the supervision and management of the prevention and control of environmental pollution by solid waste shall have the right to control the production, collection, storage, transportation, utilization, and disposal of solid waste within the scope of their respective duties. Units involved in waste and other activities and other producers and operators conduct on-site inspections. The person under inspection shall truthfully report the situation and provide necessary information.

  To implement on-site inspections, measures can be taken such as on-site monitoring, sample collection, review or copying of materials related to the prevention and control of environmental pollution by solid waste. Inspectors shall present their certificates when conducting on-site inspections. The business secrets learned during the on-site inspection shall be kept confidential.

  Article 27: In one of the following circumstances, the competent department of the ecological environment and other departments responsible for the supervision and management of the prevention and control of environmental pollution by solid waste may deal with the illegal collection, storage, transportation, utilization, and disposal of solid waste and facilities, equipment, The premises, tools and articles shall be sealed up and seized:

  (1) The evidence may be lost, concealed, or illegally transferred;

  (2) Cause or may cause serious environmental pollution.

  Article 28 The competent department of ecological environment shall, in conjunction with relevant departments, establish a credit record system for entities that generate, collect, store, transport, utilize, and dispose of solid waste and other producers and operators, and incorporate relevant credit records into the national credit information sharing platform.

  Article 29 The competent department of ecological environment of the people's government of a city divided into districts shall, in conjunction with the competent departments of housing and urban-rural construction, agriculture and rural areas, and health, regularly release to the public the types, amount of solid waste produced, disposal capacity, utilization and disposal status, etc. information.

  Units that produce, collect, store, transport, utilize, and dispose of solid waste shall disclose information on the prevention and control of environmental pollution by solid waste in a timely manner and actively accept social supervision.

  Units that utilize and dispose of solid waste shall open facilities and places to the public in accordance with the law, and increase public awareness and participation in environmental protection.

  Article 30 The people’s government at or above the county level shall include the prevention and control of environmental pollution by solid wastes such as industrial solid waste, household garbage, and hazardous waste into the annual report on the environmental status and the completion of environmental protection goals, and report to the people’s congress or the standing people’s congress at the corresponding level. Committee report.

  Article 31   Any unit or individual has the right to report the unit or individual that causes solid waste to pollute the environment.

  The competent department of ecological environment and other departments responsible for the supervision and management of the prevention and control of environmental pollution by solid waste shall publish the methods of reporting on the prevention and control of environmental pollution by solid waste to the public to facilitate public reporting.

  The department receiving the report shall deal with it in a timely manner and keep the relevant information of the reporter confidential; for the real-name report and verify the truth, rewards will be given.

  Where the whistleblower reports to the unit where it belongs, the unit shall not retaliate against the whistleblower by dissolving or changing the labor contract or by other means.

  Chapter Three Industrial Solid Waste

  Article 32 The competent department of ecological environment of the State Council shall, in conjunction with the competent departments of development and reform, industry and information technology of the State Council, define the hazards and impacts of industrial solid waste on public health and the ecological environment, and formulate measures for the prevention and control of environmental pollution by industrial solid waste. Technical policies, organize the promotion of advanced production technology and equipment for preventing and controlling industrial solid waste pollution of the environment.

  Article 33 The competent department of industry and information technology under the State Council shall, in conjunction with relevant departments of the State Council, organize research, development and promotion of production techniques and equipment that reduce the amount of industrial solid waste and reduce the hazards of industrial solid waste, and announce the elimination of industries that cause serious environmental pollution within a time limit. List of backward production processes and equipment of solid waste.

  Producers, sellers, importers and users shall respectively stop the production, sale, import or use of the equipment listed in the catalog specified in the preceding paragraph within the time limit prescribed by the competent department of industry and information technology under the State Council in conjunction with relevant departments of the State Council. The adopter of the production technology shall stop using the technology listed in the catalog specified in the preceding paragraph within the time limit prescribed by the competent department of industry and information technology under the State Council in conjunction with the relevant departments of the State Council.

  The eliminated equipment included in the list of elimination within a time limit shall not be transferred to others for use.

  Article 34 The competent department of industry and information technology of the State Council shall, in conjunction with the competent departments of development and reform and ecological environment of the State Council, regularly publish a oriented catalog of technologies, processes, equipment and products for the comprehensive utilization of industrial solid waste, and organize the evaluation of comprehensive utilization of industrial solid waste resources. , To promote the comprehensive utilization of industrial solid waste.

  Article 35   Local people's governments at or above the county level shall formulate a plan for the prevention and control of environmental pollution by industrial solid waste, organize the construction of facilities for the centralized disposal of industrial solid waste, and promote the prevention and control of environmental pollution by industrial solid waste.

  Article 36 Units that produce industrial solid waste shall establish a sound environmental pollution prevention and control system for the entire process of industrial solid waste generation, collection, storage, transportation, utilization, and disposal, and establish an industrial solid waste management account to accurately record the production of industrial solid waste. Information on the type, quantity, flow direction, storage, utilization, and disposal of wastes will enable industrial solid waste to be traceable and queryable, and measures to prevent environmental pollution by industrial solid waste will be taken.

  It is forbidden to put industrial solid waste into domestic garbage collection facilities.

  Article 37   If a unit that produces industrial solid waste entrusts others to transport, utilize, or dispose of industrial solid waste, it shall verify the principal qualifications and technical capabilities of the entrusted party, sign a written contract in accordance with the law, and stipulate pollution prevention requirements in the contract.

  The entrusted party shall, in the transportation, utilization and disposal of industrial solid waste, fulfill its pollution prevention and control requirements in accordance with the provisions of relevant laws and regulations and contractual agreements, and inform the unit that produces industrial solid waste of the transportation, utilization and disposal.

  If a unit that produces industrial solid waste violates the provisions of paragraph 1 of this article, in addition to being punished in accordance with relevant laws and regulations, it shall also bear the responsibility of the entrusted party that caused environmental pollution and ecological damage.

  Chapter Four   Domestic Garbage

  Article 43   Local people's governments at or above the county level shall speed up the establishment of a domestic waste management system of classified release, classified collection, classified transportation, and classified treatment, so as to achieve effective coverage of the domestic waste classification system.

  Local people's governments at or above the county level shall establish a coordination mechanism for the classification of domestic waste, and strengthen and coordinate the construction of the capacity for classification and management of domestic waste.

  People's governments at all levels and their relevant departments shall organize publicity on the classification of domestic waste, educate and guide the public to develop the habit of sorting domestic waste, and supervise and guide the classification of domestic waste.

  Article 44   Local people's governments at or above the county level shall systematically improve the fuel structure, develop clean energy, and reduce the amount of solid waste such as fuel waste.

  The relevant departments of the local people's government at or above the county level shall strengthen the management of product production and circulation processes, avoid excessive packaging, organize the listing of clean vegetables, and reduce the amount of domestic waste generated.

  Article 45: The people's government at or above the county level shall make overall arrangements for the construction of urban and rural domestic garbage collection, transportation, and treatment facilities, determine the site of the facilities, improve the comprehensive utilization and harmless disposal of domestic garbage, and promote the industrialization of domestic garbage collection and treatment Develop and gradually establish and improve a social service system for the prevention and control of environmental pollution by domestic garbage.

  The relevant departments of the local people's government at or above the county level shall make overall planning, rationally arrange recycling, sorting, and packing outlets to promote the recycling and utilization of domestic garbage.

  Article 46   Local people's governments at all levels shall strengthen the prevention and control of environmental pollution by rural domestic garbage, and protect and improve the rural living environment.

  The state encourages source reduction of rural domestic waste. Urban-rural junctions, densely populated rural areas, and other places where conditions permit should establish an urban-rural integrated domestic waste management system; other rural areas should actively explore domestic waste management models, take measures to local conditions, use nearby local waste or properly dispose of domestic waste.

  Article 47  The environmental sanitation department of the people's government at or above the city level with districts shall formulate regulations on the construction and operation of facilities and sites for cleaning, collection, storage, transportation and treatment of domestic waste, publish a catalogue of guidance on domestic waste classification, and strengthen supervision and management.

  Article 48 The environmental sanitation and other competent departments of the local people’s government at or above the county level shall organize the cleaning, collection, transportation and treatment of urban and rural domestic garbage, and may select qualified units to engage in the cleaning, collection and transportation of domestic garbage through bidding, etc. And processing.

  Article 49   Units, households and individuals that generate domestic garbage shall perform the obligation of reducing the source of domestic garbage and sorting out according to law, and bear the responsibility of the producer of domestic garbage.

  All units and individuals shall sort and put domestic garbage in designated places according to law. It is forbidden to dump, throw, pile or burn domestic garbage at will.

  Organizations, institutions, etc. should play a leading role in the classification of domestic waste.

  Domestic garbage that has been sorted and put in should be collected, transported, and disposed of in accordance with regulations.

  Article 50   The cleaning, collection, transportation, and treatment of urban and rural domestic garbage shall comply with the relevant state regulations on environmental protection and environmental sanitation management to prevent environmental pollution.

  The hazardous waste classified and concentratedly collected from the domestic waste is classified as hazardous waste and shall be managed in accordance with hazardous waste.

  Article 51   Business units engaged in public transportation shall clean up and collect domestic garbage generated during transportation in a timely manner.

  Article 52   Farmer’s markets, agricultural product wholesale markets, etc. shall strengthen environmental sanitation management, maintain environmental sanitation and cleanliness, and promptly clean up, separate collection, and proper disposal of generated garbage.

  Article 53. Units engaged in the development of new urban areas, reconstruction of old areas, development and construction of residential quarters, and construction of villages and towns, as well as the operation and management units of public facilities and venues such as airports, docks, stations, parks, shopping malls, and sports venues, shall comply with the state For environmental sanitation regulations, supporting the construction of domestic garbage collection facilities.

  The local people's government at or above the county level shall coordinate the effective connection of public transport and treatment facilities for domestic waste with the collection facilities specified in the preceding paragraph, and strengthen the integration of the domestic waste classification collection and transportation system and the renewable resource recovery system in planning, construction, and operation.

  Article 54   The materials recovered from domestic garbage shall be used in accordance with the purposes and standards prescribed by the state, and shall not be used to produce products that may endanger human health.

  Article 55   The construction of domestic garbage treatment facilities and sites shall comply with the environmental protection and environmental sanitation standards stipulated by the State Council's ecological environment department and the State Council's housing and urban-rural development department.

  Encourage neighboring areas to coordinate the construction of domestic waste treatment facilities, and promote the construction and sharing of domestic waste treatment facilities across administrative regions.

  It is forbidden to close, idle or dismantle domestic waste treatment facilities and sites without authorization; if it is really necessary to close, idle or dismantle, it shall be approved by the local municipal or county-level people’s government environmental sanitation authority and the local ecological environment authority after approval, and adopt Measures to prevent environmental pollution.

  Article 56  The domestic waste treatment unit shall install and use monitoring equipment in accordance with relevant national regulations, monitor the discharge of pollutants in real time, and disclose the pollution discharge data in real time. The monitoring equipment shall be networked with the monitoring equipment of the local ecological environment authority.

  Article 57 The environmental sanitation department of the local people's government at or above the county level is responsible for organizing and carrying out the recycling and harmless treatment of kitchen waste.

  Units that produce and collect kitchen waste and other producers and operators shall hand over the kitchen waste to units with corresponding qualifications for harmless treatment.

  It is forbidden for livestock and poultry farms and breeding communities to use food waste that has not been harmlessly treated to feed livestock and poultry.

  Article 58 The local people's government at or above the county level shall establish a domestic garbage disposal fee system in accordance with the generator pays principle.

  The local people's government at or above the county level shall formulate the charging standards for domestic waste treatment, which shall be based on local conditions, combined with the classification of domestic waste, embody differentiated management such as classified pricing and metering fees, and fully solicit public opinions. The charging standards for domestic garbage disposal shall be announced to the public.

  The domestic waste treatment fee shall be used exclusively for the collection, transportation and treatment of domestic waste, and shall not be used for other purposes.

  Article 59   Provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may formulate specific local domestic waste management methods in light of actual conditions.

  Chapter 5  Construction waste, agricultural solid waste, etc.

  Article 60   Local people's governments at or above the county level shall strengthen the prevention and control of environmental pollution caused by construction waste and establish a system for the classification and treatment of construction waste.

  Local people's governments at or above the county level shall formulate work plans for the prevention and control of environmental pollution caused by construction waste, including source reduction, classified treatment, disposal facilities and site layout and construction.

  Article 61 The state encourages the use of advanced technologies, techniques, equipment and management measures to promote the reduction of construction waste at the source and establish a construction waste recycling system.

  Local people's governments at or above the county level shall promote the application of construction waste comprehensive utilization products.

  Article 62 The environmental sanitation department of the local people's government at or above the county level shall be responsible for the prevention and control of environmental pollution caused by construction waste, establish a whole-process management system for construction waste, regulate the generation, collection, storage, transportation, utilization, and disposal of construction waste, and promote comprehensive utilization , Strengthen the construction of construction waste disposal facilities and sites to ensure the safety of disposal and prevent environmental pollution.

  Article 63 The construction unit shall formulate a construction waste treatment plan, adopt pollution prevention measures, and report to the environmental sanitation authority of the local people's government at or above the county level for the record.

  The construction unit of the project shall promptly remove and transport the solid waste such as construction waste generated during the construction of the project, and use or dispose of it in accordance with the regulations of the environmental sanitation authority.

  The construction unit of the project shall not dump, throw or stack the construction waste generated during the construction of the project without authorization.

  Article 64 The agricultural and rural administrative departments of the people’s governments at or above the county level are responsible for guiding the establishment of agricultural solid waste recycling systems, encouraging and guiding relevant units and other producers and operators to collect, store, transport, utilize, and dispose of agricultural solid waste in accordance with the law, and strengthen supervision Manage to prevent environmental pollution.

  Article 65   Units and other producers and operators that produce agricultural solid waste such as straw, discarded agricultural film, pesticide packaging waste, etc., shall take recycling and other measures to prevent environmental pollution.

  Engaging in large-scale livestock and poultry farming shall promptly collect, store, utilize or dispose of solid waste such as livestock and poultry manure generated during the breeding process to avoid environmental pollution.

  It is forbidden to burn straw in the open in densely populated areas, around airports, near main traffic lines, and other areas designated by the local people’s government.

  The country encourages research and development, production, sales, and use of agricultural films that are degradable and harmless in the environment.

  Article 66 The state establishes an extended system of producer responsibility for electrical and electronic products, lead storage batteries, and automotive power batteries.

  Producers of electrical and electronic products, lead storage batteries, vehicle power batteries and other products shall establish a waste product recycling system that matches the sales volume of their products by self-built or commissioned methods in accordance with regulations, and disclose it to the public to achieve effective recycling and utilization.

  The country encourages product producers to develop ecological design and promote resource recycling.

  Article 67 The state implements a multi-channel recycling and centralized disposal system for waste electrical and electronic products.

  It is forbidden to hand over abandoned motor vehicles and ships to enterprises or individuals that do not meet the prescribed conditions for recycling or dismantling.

  The dismantling, utilization, and disposal of waste electrical and electronic products, waste motor vehicles and ships, etc. shall abide by relevant laws and regulations and take measures to prevent environmental pollution.

  Article 68 The design and manufacture of products and packaging shall comply with the state's regulations on cleaner production. The department in charge of standardization under the State Council shall organize the formulation of relevant standards in accordance with national economic and technical conditions, the prevention and control of environmental pollution by solid waste, and the technical requirements of products to prevent excessive packaging from causing environmental pollution.

  Producers and operators should comply with mandatory standards that restrict excessive packaging of goods and avoid excessive packaging. The market supervision and management departments and relevant departments of the local people's governments at or above the county level shall strengthen the supervision and management of excessive packaging in accordance with their respective duties.

  Enterprises that produce, sell, and import products and packaging materials that are listed in the mandatory recycling catalog in accordance with the law shall recycle the products and packaging materials in accordance with relevant national regulations.

  E-commerce, express delivery, takeaway and other industries should give priority to the use of reusable and easily recyclable packaging, optimize the packaging of items, reduce the use of packaging, and actively recycle packaging. The commerce and postal departments of the local people's government at or above the county level shall strengthen supervision and management.

  The country encourages and guides consumers to use green packaging and reduced-quantity packaging.

  Article 69   The state lawfully prohibits and restricts the production, sale and use of non-degradable plastic bags and other disposable plastic products.

  Commodity retail establishments, e-commerce platform companies, express companies, and takeaway companies should report the use and recycling of plastic bags and other disposable plastic products to the competent departments of commerce and post in accordance with relevant national regulations.

  The state encourages and guides the reduction of use and the active recycling of disposable plastic products such as plastic bags, and promotes the application of alternative products that are recyclable, easy to recycle, and degradable.

  Article 70 The tourism, accommodation and other industries shall implement the non-proactive provision of disposable items in accordance with relevant national regulations.

  Offices of government agencies, enterprises and institutions shall use products, equipment and facilities that are conducive to environmental protection and reduce the use of disposable office supplies.

  Article 71 The maintenance and operation unit of urban sewage treatment facilities or the sludge treatment unit shall safely treat the sludge, ensure that the treated sludge meets the relevant national standards, track and record the flow direction, use, and consumption of the sludge, and Report to the urban drainage authority and the ecological environment authority.

  The competent urban drainage department of the people’s government at or above the county level shall incorporate sludge treatment facilities into the urban drainage and sewage treatment plan, promote the simultaneous construction of sludge treatment facilities and sewage treatment facilities, and encourage collaborative treatment. The sewage treatment fee collection standard and compensation scope shall cover the sewage Sludge treatment costs and normal operating costs of sewage treatment facilities.

  Article 72  It is forbidden to dump, stack, discard, or discard the sludge produced by urban sewage treatment facilities and the treated sludge without authorization.

  It is forbidden to enter agricultural land with heavy metals or other toxic and hazardous substances in excess of sludge.

  Engaged in the dredging and dredging of water bodies shall treat the bottom sludge generated during the dredging and dredging process in accordance with relevant national regulations to prevent environmental pollution.

  Article 73  Various types of laboratories at all levels and their establishment units shall strengthen the management of solid waste generated in the laboratory, and collect, store, transport, utilize, and dispose of laboratory solid waste in accordance with the law. If laboratory solid waste is hazardous waste, it shall be managed in accordance with hazardous waste.

  Chapter VI   Hazardous Waste

  Article 74   The prevention and control of environmental pollution by hazardous waste shall be governed by the provisions of this chapter; if there are no provisions in this chapter, other relevant provisions of this law shall apply.

  Article 75 The competent department of ecological environment under the State Council shall, in conjunction with the relevant departments of the State Council, formulate a national hazardous waste list, stipulate uniform hazardous waste identification standards, identification methods, identification marks and management requirements for identification units. The national hazardous waste list should be adjusted dynamically.

  According to the hazardous characteristics and quantity of hazardous waste produced, the State Council’s competent department of ecological environment scientifically evaluates its environmental risks, implements hierarchical and classified management, establishes an information-based supervision system, and manages and shares hazardous waste transfer data and information through information-based methods.

  Article 76 The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall organize relevant departments to formulate plans for the construction of hazardous waste centralized disposal facilities and sites, scientifically evaluate hazardous waste disposal needs, rationally arrange hazardous waste centralized disposal facilities and sites, and ensure that the administrative area Hazardous waste is properly disposed of.

  To compile plans for the construction of hazardous waste centralized disposal facilities and sites, the opinions of relevant industry associations, enterprises and institutions, experts and the public should be solicited.

  Neighboring provinces, autonomous regions, and municipalities can develop regional cooperation to coordinate the construction of regional hazardous waste centralized disposal facilities and sites.

  Article 77   For hazardous waste containers and packaging, as well as facilities and locations for the collection, storage, transportation, utilization, and disposal of hazardous waste, hazardous waste identification signs shall be set up in accordance with regulations.

  Article 78 Units that produce hazardous wastes shall formulate hazardous waste management plans in accordance with relevant national regulations; establish hazardous waste management accounts, truthfully record relevant information, and declare hazards to the local ecological and environmental authorities through the national hazardous waste information management system Relevant information about the type, amount of waste generated, flow direction, storage, and disposal.

  The hazardous waste management plan referred to in the preceding paragraph shall include measures to reduce the amount of hazardous waste generated and the harmfulness of hazardous waste, as well as measures to store, utilize, and dispose of hazardous waste. The hazardous waste management plan shall be reported to the competent department of ecological environment where the unit producing hazardous waste is located for the record.

  If the unit that produces hazardous waste has obtained a pollutant discharge permit, the provisions of the pollutant discharge permit management system shall be implemented.

  Article 79   Units that produce hazardous wastes shall store, utilize, and dispose of hazardous wastes in accordance with relevant national regulations and environmental protection standards, and shall not dump or stack them without authorization.

  Article 80   Units engaged in the business activities of collecting, storing, utilizing, and disposing of hazardous waste shall apply for a permit in accordance with the relevant provisions of the state. The specific management measures for permits shall be formulated by the State Council.

  It is forbidden to engage in business activities of collection, storage, utilization, and disposal of hazardous waste without a license or in accordance with the provisions of the license.

  It is forbidden to provide or entrust hazardous waste to unlicensed units or other production operators to engage in collection, storage, utilization, and disposal activities.

  Article 81 The collection and storage of hazardous wastes shall be carried out according to the characteristics of hazardous wastes. It is forbidden to collect, store, transport, and dispose of hazardous wastes that are incompatible in nature and have not been safely disposed of.

  The storage of hazardous waste shall take protective measures that meet the national environmental protection standards. It is forbidden to mix hazardous waste with non-hazardous waste for storage.

  Units engaged in the business activities of collecting, storing, utilizing and disposing of hazardous waste shall not store hazardous waste for more than one year; if it is really necessary to extend the period, it shall report to the competent department of ecological environment that issued the permit for approval; where laws and administrative regulations provide otherwise except.

  Article 82   For the transfer of hazardous waste, the electronic or paper transfer form of hazardous waste shall be filled out and operated in accordance with relevant national regulations.

  For the transfer of hazardous waste across provinces, autonomous regions, and municipalities directly under the Central Government, an application shall be made to the competent department of ecological environment of the people’s government of the province, autonomous region, or municipality where the hazardous waste is removed. The competent department of ecological environment of the people’s government of the province, autonomous region, or municipality directly under the Central Government of the place where the transfer is made shall promptly negotiate with the competent department of ecological environment of the people’s government of the receiving province, autonomous region, or municipality directly under the Central Government to approve the transfer of the hazardous waste within the prescribed time limit and notify the relevant province of the approval information. , The competent departments of ecological environment and the competent departments of transportation of the people's governments of autonomous regions and municipalities directly under the Central Government. Without approval, no transfer is allowed.

  The management of hazardous waste transfer should be managed and controlled throughout the entire process to improve efficiency. The specific measures shall be formulated by the competent department of ecological environment of the State Council in conjunction with the competent department of transportation and public security of the State Council.

  Article 83   In the transportation of hazardous waste, measures shall be taken to prevent environmental pollution and comply with the national regulations on the management of dangerous goods transportation.

  It is prohibited to carry hazardous wastes and passengers on the same means of transportation.

  Article 84   When the sites, facilities, equipment, containers, packaging and other articles for the collection, storage, transportation, utilization, and disposal of hazardous wastes are used for other purposes, they shall undergo decontamination treatment in accordance with relevant national regulations before they can be used.

  Article 85 Units that produce, collect, store, transport, utilize, and dispose of hazardous wastes shall formulate preventive measures and emergency plans for accidents in accordance with the law, and report to the local ecological and environmental authorities and other entities responsible for the prevention and control of environmental pollution by solid waste. The department with management responsibilities shall be put on record; the competent department of ecological environment and other departments responsible for the supervision and management of the prevention and control of environmental pollution by solid waste shall conduct inspections.

  Article 86: Units that cause serious environmental pollution by hazardous waste due to accidents or other emergencies shall immediately take effective measures to eliminate or reduce the pollution hazards to the environment, promptly notify the units and residents that may be affected by the pollution, and Report to the local ecological and environmental authorities and relevant departments, and accept investigation and handling.

  Article 87 When hazardous wastes occur or there is evidence to prove that hazardous wastes may seriously pollute the environment and threaten the safety of residents’ lives and properties, the competent department of ecological environment or other departments responsible for the supervision and management of the prevention and control of environmental pollution by solid waste shall immediately report to the people at the corresponding level. The government and the relevant departments of the people's government at a higher level report that the people's government shall take effective measures to prevent or reduce harm. The relevant people's government may order the suspension of operations that cause or may cause environmental pollution accidents as needed.

  Article 88   Before the decommissioning of key hazardous waste centralized disposal facilities and sites, the operating unit shall adopt pollution prevention and control measures on the facilities and sites in accordance with relevant national regulations. Expenses for decommissioning shall be pre-provisioned, included in the investment budget or production cost, and used exclusively for the decommissioning of key hazardous waste centralized disposal facilities and sites. The specific extraction and management measures shall be formulated by the financial department and the price authority of the State Council in conjunction with the ecological environment authority of the State Council.

  Article 89 It is forbidden to transfer hazardous waste through the People's Republic of China.

  Article 90 Medical waste shall be managed in accordance with the National Hazardous Waste List. Local people's governments at or above the county level shall strengthen the capacity building for the centralized disposal of medical waste.

  The health, ecological and environmental departments of the people's governments at or above the county level shall strengthen the supervision and management of the collection, storage, transportation, and disposal of medical waste within their respective responsibilities to prevent harm to public health and environmental pollution.

  Medical and health institutions shall separate and collect the medical waste generated by their own units according to law, and hand them over to the centralized medical waste disposal unit for disposal. The centralized disposal unit of medical waste shall collect, transport and dispose of medical waste in a timely manner.

  Medical and health institutions and medical waste centralized disposal units shall take effective measures to prevent the loss, leakage, leakage and spread of medical waste.

  Article 91 When emergencies such as major infectious disease epidemics occur, the people’s governments at or above the county level shall coordinate the collection, storage, transportation, and disposal of medical wastes and other hazardous wastes to ensure the necessary vehicles, venues, disposal facilities and Protective materials. The competent departments of health, ecological environment, environmental sanitation, and transportation shall coordinate and cooperate to perform emergency response duties in accordance with the law.

  Chapter Seven   Safeguard Measures

  Article 92 The relevant departments of the State Council, local people’s governments at or above the county level and their relevant departments shall, when compiling territorial and spatial plans and related special plans, coordinate the construction of facilities for the transfer and centralized disposal of solid waste such as domestic garbage, construction waste, and hazardous waste. Demand, guarantee the land for transfer, centralized disposal and other facilities.

  Article 93 The State adopts economic and technical policies and measures that are conducive to the prevention and control of environmental pollution by solid waste, encourages and supports relevant parties to adopt measures that are conducive to the prevention and control of environmental pollution by solid waste, and strengthens the training of personnel engaged in the prevention and control of environmental pollution by solid waste. And guidance to promote the professional and large-scale development of the solid waste pollution prevention and control industry.

  Article 94 The State encourages and supports scientific research units, solid waste generation units, solid waste utilization units, and solid waste disposal units to jointly tackle key problems, research and develop new technologies for the comprehensive utilization and centralized disposal of solid waste, and promote the prevention and control of environmental pollution by solid waste. skill improved.

  Article 95   People's governments at all levels shall strengthen the prevention and control of environmental pollution by solid waste, and arrange necessary funds for the following matters in accordance with the principle of division of powers:

  (1) Scientific research and technological development of the prevention and control of environmental pollution by solid waste;

  (2) Domestic waste classification;

  (3) Construction of solid waste centralized disposal facilities;

  (4) Emergency disposal of medical waste and other hazardous waste generated by emergencies such as major infectious diseases;

  (5) Other matters related to the prevention and control of environmental pollution by solid waste.

  The use of funds should strengthen performance management and audit supervision to ensure the effectiveness of the use of funds.

  Article 96 The state encourages and supports social forces to participate in the prevention and control of environmental pollution caused by solid waste, and provides policy support in accordance with relevant state regulations.

  Article 97   The state develops green finance and encourages financial institutions to increase credit for solid waste pollution prevention projects.

  Article 98   Those engaged in the prevention and control of environmental pollution by solid waste such as the comprehensive utilization of solid waste shall enjoy tax preferences in accordance with the provisions of laws and administrative regulations.

  The state encourages and encourages all sectors of society to donate property for the prevention and control of environmental pollution by solid waste, and grant tax incentives in accordance with the provisions of laws and administrative regulations.

  Article 99   Units that collect, store, transport, utilize, and dispose of hazardous wastes shall, in accordance with relevant state regulations, purchase environmental pollution liability insurance.

  Article One Hundred   The state encourages units and individuals to purchase and use comprehensive utilization products and reusable products.

  People's governments at or above the county level and their relevant departments shall give priority to purchasing comprehensive utilization products and reusable products in the process of government procurement.

  Chapter 8   Legal Liability

  Article 101 The competent department of ecological environment or other departments responsible for the supervision and management of the prevention and control of environmental pollution by solid waste violates the provisions of this law and commits one of the following acts. The people’s government at the same level or the relevant department of the people’s government at a higher level shall order corrections. The directly responsible persons in charge and other directly responsible persons shall be punished according to law:

  (1) Failing to issue administrative licenses or process approval documents in accordance with the law;

  (2) Covering up illegal acts;

  (3) Failed to seal up or detain according to law;

  (4) Failure to investigate and deal with violations after discovering or receiving reports of violations;

  (5) Other illegal acts such as abuse of power, negligence of duty, and malpractice for personal gain.

  If an administrative penalty decision should be made in accordance with the provisions of this law but has not been made, the higher-level competent department may directly make the administrative penalty decision.

  Article 102 If one of the following acts violates the provisions of this law, the competent department of ecological environment shall order corrections, impose a fine, and confiscate the illegal gains; if the circumstances are serious, it shall be reported to the authorized people’s government for approval and may be ordered to suspend business or shut down:

  (1) Units that generate, collect, store, transport, utilize, or dispose of solid waste fail to disclose information on the prevention and control of environmental pollution by solid waste in a timely manner according to law;

  (2) The domestic garbage disposal unit fails to install and use monitoring equipment in accordance with relevant national regulations, monitor the discharge of pollutants in real time, and disclose pollution discharge data;

  (3) Transferring equipment that has been eliminated from the list of elimination within a time limit to others for use;

  (4) Constructing facilities, sites and domestic waste landfills for the centralized storage, utilization, and disposal of industrial solid waste and hazardous waste in areas with ecological protection red lines, permanent basic farmland concentration areas, and other areas that need special protection;

  (5) Transfer of solid waste out of the administrative area of ​​a province, autonomous region, or municipality directly under the Central Government for storage and disposal without approval;

  (6) The transfer of solid waste out of the administrative area of ​​a province, autonomous region, or municipality directly under the Central Government has not been reported for use;

  (7) Unauthorized dumping, stacking, discarding, or dropping of industrial solid waste, or failing to take corresponding preventive measures, causing industrial solid waste to spread, lose, leak, or other environmental pollution;

  (8) The unit that produces industrial solid waste has not established a solid waste management account and recorded it truthfully;

  (9) Units that produce industrial solid waste entrust others to transport, utilize, or dispose of industrial solid waste in violation of the provisions of this Law;

  (10) The storage of industrial solid waste does not take protective measures that meet the national environmental protection standards;

  (11) Units and other producers and operators violate other requirements for solid waste management, pollute the environment and destroy the ecology.

  There are one of the first and eighth acts of the preceding paragraph, and a fine of not less than 50,000 yuan but not more than 200,000 yuan; there are the second, third, fourth, fifth, sixth, For one of the acts of Item 9, 10, and 11, a fine of 100,000 yuan to 1 million yuan shall be imposed; a fine of more than one time but less than three times the required disposal cost shall be imposed on the act in item 7 of the preceding paragraph If the required disposal cost is less than 100,000 yuan, it will be calculated as 100,000 yuan. If the relevant laws and administrative regulations provide otherwise for the penalties for the acts in item 11 of the preceding paragraph, those provisions shall apply.

  Article 103 Whoever violates the provisions of this law and refuses or obstructs supervision and inspection by delaying, confining, or detaining law enforcement personnel, or resorting to fraud when accepting supervision and inspection, shall be subject to environmental pollution by the competent department of ecological environment or other responsible parties. The departments responsible for prevention, supervision and management shall order corrections and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; the directly responsible persons in charge and other directly responsible persons shall be fined not less than 20,000 yuan but not more than 100,000 yuan.

  Article 104 In violation of the provisions of this law, those who do not obtain a pollutant discharge permit to produce industrial solid waste shall be ordered by the competent department of ecological environment to make corrections or to restrict production, stop production for rectification, and impose a fine of 100,000 yuan to 1 million yuan; If the circumstances are serious, it shall be reported to the approved people’s government for approval and ordered to suspend business or close down.

  Article 105 In violation of the provisions of this Law, producers and operators who fail to comply with mandatory standards restricting excessive packaging of goods shall be ordered by the market supervision and management department of the local people’s government at or above the county level or relevant departments to make corrections; if they refuse to make corrections, they shall be sentenced to two A fine of not less than 1,000 yuan but not more than 20,000 yuan; if the circumstances are serious, a fine of not less than 20,000 yuan but less than 100,000 yuan shall be imposed.

  Article 106: Violation of the provisions of this law, failure to comply with national regulations on prohibiting or restricting the use of non-degradable plastic bags and other disposable plastic products, or failing to report the use of plastic bags and other disposable plastic products in accordance with relevant national regulations, The commerce and postal departments of the local people's government at or above the county level shall order corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

  Article 107 Anyone engaged in large-scale livestock and poultry farming that fails to collect, store, utilize or dispose of solid waste such as livestock and poultry manure generated in the breeding process shall be ordered by the competent department of ecological environment to make corrections and may be fined less than 100,000 yuan ; If the circumstances are serious, it shall be reported to the authorized people’s government for approval and ordered to suspend business or close down.

  Article 108 In violation of the provisions of this law, the maintenance and operation unit of urban sewage treatment facilities or the sludge treatment unit fails to track and record the flow direction, use, and consumption of the sludge, or the treated sludge does not meet the relevant national standards , The urban drainage department shall order corrections and give warnings; if serious consequences are caused, a fine of 100,000 yuan up to 200,000 yuan shall be imposed; if they refuse to make corrections, the urban drainage department may appoint a unit with the governance capacity to take care of it. The cost shall be borne by the offender.

  Anyone who, in violation of the provisions of this law, dumps, stacks, discards, or throws away the sludge produced by urban sewage treatment facilities and treated sludge shall be ordered by the urban drainage department to make corrections and a fine of not less than 200,000 yuan but not more than 2 million yuan shall be imposed , The directly responsible person in charge and other directly responsible persons shall be fined 20,000 yuan to 100,000 yuan; if serious consequences are caused, a fine of 2 million yuan to 5 million yuan shall be imposed, and the directly responsible person in charge and Other persons directly responsible shall impose a fine of not less than 50,000 yuan but not more than 500,000 yuan; if they refuse to make corrections, the urban drainage department may designate a unit with the governance capacity to do the governance on their behalf, and the necessary expenses shall be borne by the offender.

  Article 109 Whoever violates the provisions of this Law by producing, selling, importing, or using obsolete equipment, or adopting obsolete production techniques, shall be ordered by the department designated by the local people’s government at or above the county level to make corrections and impose a penalty of more than 100,000 yuan. A fine of less than 10,000 yuan shall be confiscated of illegal gains; if the circumstances are serious, the department designated by the local people's government at or above the county level shall put forward an opinion and report to the authorized people's government for approval and order it to suspend business or close down.

  Article 110 After the mining solid waste storage facilities such as tailings, coal gangue, waste rock, etc., are not closed in accordance with the relevant national environmental protection regulations, the competent department of ecological environment shall order corrections and impose a penalty of more than 200,000 yuan. A fine of less than one million yuan.

  Article 111: Any of the following acts in violation of the provisions of this law shall be ordered by the environmental sanitation department of the local people's government at or above the county level to make corrections, fined, and confiscated the illegal gains:

  (1) Dumping, throwing, stacking or burning domestic garbage at will;

  (2) Closing, leaving idle or dismantling domestic garbage treatment facilities or sites without authorization;

  (3) The construction unit fails to prepare a construction waste treatment plan and submit it to the record, or fails to timely remove and transport the solid waste generated during the construction process;

  (4) The construction unit dumps, throws or stacks construction waste generated during the construction of the project without authorization, or fails to use or dispose of the solid waste generated during the construction process in accordance with regulations;

  (5) Units that produce and collect kitchen waste and other producers and operators fail to hand over kitchen waste to units with corresponding qualifications for harmless treatment;

  (6) Livestock and poultry farms and breeding communities use food waste that has not been harmlessly treated to feed livestock and poultry;

  (7) Discarding or throwing away household garbage along the way during transportation.

  The unit has one of the first and seventh acts of the preceding paragraph and imposes a fine of not less than 50,000 yuan but not more than 500,000 yuan; the entity has the second, third, fourth, fifth and sixth items of the preceding paragraph For one of the acts, a fine of more than 100,000 yuan but not more than one million yuan; an individual who commits one of the first, fifth, and seventh acts of the preceding paragraph shall be fined more than one hundred yuan and less than five hundred yuan.

  Violation of the provisions of this law by failing to separate household garbage at designated locations shall be ordered by the environmental sanitation department of the local people’s government at or above the county level to make corrections; if the circumstances are serious, the unit shall be fined not less than 50,000 yuan but not more than 500,000 yuan. Individuals are fined according to law.

  Article 112 In violation of the provisions of this law, one of the following acts shall be ordered to be corrected by the competent department of ecological environment, fined, and illegal gains confiscated; if the circumstances are serious, it shall be reported to the authorized people’s government for approval and may be ordered to suspend business Or close:

  (1) Failing to set up hazardous waste identification signs in accordance with regulations;

  (2) Failing to formulate hazardous waste management plans or declare hazardous waste related materials in accordance with relevant national regulations;

  (3) Dumping or stacking hazardous waste without authorization;

  (4) Providing or entrusting hazardous wastes to unlicensed units or other producers and operators to engage in business activities;

  (5) Failing to fill in and operate the hazardous waste transfer form in accordance with relevant state regulations or transfer hazardous waste without approval;

  (6) Failing to store, utilize, or dispose of hazardous wastes in accordance with national environmental protection standards or mix hazardous wastes with non-hazardous wastes for storage;

  (7) Without safe disposal, mixed collection, storage, transportation, and disposal of hazardous wastes with incompatible properties;

  (8) Carrying hazardous wastes and passengers on the same means of transportation;

  (9) Diverting sites, facilities, equipment, containers, packaging and other items for collecting, storing, transporting, and disposing of hazardous waste for other purposes without decontamination treatment;

  (10) Failure to take corresponding preventive measures, causing the dispersion, loss, leakage, or other environmental pollution of hazardous waste;

  (11) Discarding or throwing away hazardous waste along the way during transportation;

  (12) Failure to formulate preventive measures and emergency plans for hazardous waste accidents;

  (13) Failure to establish a hazardous waste management account in accordance with relevant national regulations and record it truthfully.

  If one of the first, second, fifth, sixth, seventh, eighth, ninth, twelfth, and thirteenth acts of the preceding paragraph, a penalty of more than 100,000 yuan will be imposed. A fine of less than one million yuan; if one of the third, fourth, tenth, and eleventh acts of the preceding paragraph, a fine of three to five times the required disposal cost, and the required disposal cost less than two If it is 100,000 yuan, it is calculated as 200,000 yuan.

  Article 113 In violation of the provisions of this Law, if a producer of hazardous waste fails to dispose of the hazardous waste produced in accordance with the regulations and refuses to make corrections after being ordered to make corrections, the competent department of ecological environment shall organize the disposal on its behalf, and the disposal cost shall be paid by the producer of hazardous waste Undertake; if it refuses to bear the cost of handling on its behalf, a fine of more than one time and less than three times the cost of handling on its behalf shall be imposed.

  Article 114 Anyone engaged in the business activities of collecting, storing, utilizing, and disposing of hazardous waste without a permit shall be ordered by the competent department of ecological environment to make corrections, impose a fine of not less than RMB 1 million and not more than RMB 5 million, and report to the The people's government with the authority to approve approval shall order the suspension or closure of business; the legal representative, the main person in charge, the directly responsible person in charge and other responsible persons shall be fined 100,000 yuan up to 1 million yuan.

  Those who fail to engage in the business activities of collecting, storing, utilizing, and disposing of hazardous wastes in accordance with the provisions of the license shall be ordered by the competent ecological environment department to make corrections, restrict production, stop production for rectification, and impose a fine of not less than 500,000 yuan but not more than two million yuan; the legal representative Persons, main persons in charge, directly responsible persons in charge, and other responsible persons shall be fined not less than 50,000 yuan but not more than 500,000 yuan; if the circumstances are serious, they shall be reported to the authorized people’s government for approval and ordered to suspend business or close down. The license is revoked by the issuing authority.

  Article 115  violates the provisions of this law by importing solid waste from outside the People’s Republic of China into the territory, the customs shall order the return of the solid waste and impose a fine of not less than 500,000 yuan but not more than 5 million yuan.

  The carrier shall be jointly and severally liable with the importer for the return and disposal of the solid waste specified in the preceding paragraph.

  Article 116 In violation of the provisions of this law, the transfer of hazardous waste through the People’s Republic of China shall be ordered by the customs to return the hazardous waste and impose a fine of not less than 500,000 yuan but not more than 5 million yuan.

  Article 117 For solid waste that has entered the country illegally, the competent department of ecological environment of the people's government at or above the provincial level shall submit its disposal opinions to the customs in accordance with the law, and the customs shall make a punishment decision in accordance with Article 115 of this law; If environmental pollution has been caused, the competent department of ecological environment of the people's government at or above the provincial level shall order the importer to eliminate the pollution.

  Article 118 Anyone who violates the provisions of this law and causes an environmental pollution accident by solid waste shall, in addition to assuming the liability for compensation in accordance with the law, be fined by the competent department of ecological environment in accordance with the provisions of paragraph 2 of this article and ordered to take control measures within a time limit; Or in case of a serious environmental pollution accident by solid waste, it can also be reported to the people's government with the right to approve for approval and ordered to close down.

  If a general or relatively large solid waste pollutes the environment, the fine shall be calculated at more than one time and less than three times the direct economic loss caused by the accident; if a major or very large solid waste environmental pollution accident is caused, it shall be calculated as three times the direct economic loss caused by the accident A fine of less than five times the above shall be calculated, and a fine of less than 50% of the income received from the unit in the previous year shall be imposed on the legal representative, the main person in charge, the directly responsible person in charge and other responsible persons.

  Article 119 Where units and other production and business operators discharge solid waste in violation of the provisions of this law and are fined and ordered to make corrections, the administrative agency that made the penalty decision in accordance with the law shall organize a review and find that they continue to commit the illegal act. In accordance with the "Environmental Protection Law of the People's Republic of China", consecutive punishments are imposed on a daily basis.

  Article 120 If one of the following acts in violation of the provisions of this law does not constitute a crime, the public security organ shall impose on the legal representative, the main person in charge, the directly responsible person in charge, and other responsible persons for more than ten days. Detention for less than a day; if the circumstances are minor, detention for not less than five days but not more than ten days:

  (1) Dumping, stacking, discarding, or throwing solid waste without authorization, causing serious consequences;

  (2) Constructing facilities and sites for the centralized storage, utilization, and disposal of industrial solid wastes and hazardous wastes, and domestic waste landfills in the ecological protection red line areas, permanent basic farmland concentrated areas and other areas that need special protection;

  (3) Providing or entrusting hazardous wastes to unlicensed units or other producers and operators for stacking, utilization, or disposal;

  (4) Engaging in the business activities of collecting, storing, utilizing, and disposing of hazardous waste without a license or not in accordance with the provisions of the license;

  (5) Unauthorized transfer of hazardous waste;

  (6) Failure to take precautionary measures, causing the dispersion, loss, leakage, or other serious consequences of hazardous waste.

  Article 121 Where solid waste pollutes the environment, damages the ecology, or harms national and social public interests, relevant agencies and organizations may follow the Environmental Protection Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China, and the The People’s Republic of China Administrative Litigation Law and other laws require litigation in the People’s Court.

  Article 122 Where solid waste pollutes the environment or damages the ecology and causes significant losses to the country, the local people’s government at or above the level of a city divided into districts or its designated departments and agencies shall organize the organization and other units and other entities that cause environmental pollution and ecological damage. Producers and operators conduct consultations and require them to bear the liability for damages; if consultations fail to reach an agreement, they can file a lawsuit in the people's court.

  For solid waste that cannot be identified or returned during law enforcement, the local people's government at or above the county level shall organize the disposal.

  Article 123   Violation of the provisions of this law constitutes a violation of public security management, the public security organ shall impose public security management penalties in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law; if personal or property damage is caused, civil liability shall be borne in accordance with law.

  Chapter 9   Supplementary Provisions

  Article 124 The meaning of the following terms in this law:

  (1) Solid waste refers to solid, semi-solid and gaseous articles and substances that have lost their original use value or that have not lost their use value but have been abandoned or discarded during production, life and other activities As well as articles and substances that are included in solid waste management by laws and administrative regulations. Except for those that have undergone harmless processing and meet the mandatory national product quality standards, will not endanger public health and ecological safety, or are deemed not to be solid waste according to the solid waste identification standards and identification procedures.

  (2) Industrial solid waste refers to the solid waste generated in industrial production activities.

  (3) Domestic waste refers to solid waste generated in daily life or activities that provide services for daily life, as well as solid waste that is regarded as domestic waste by laws and administrative regulations.

  (4) Construction waste refers to the spoil, materials and other solid waste generated by construction units, construction units newly built, rebuilt, expanded, and demolished various buildings, structures, pipe networks, etc., as well as residents' decoration and decoration of houses.

  (5) Agricultural solid waste refers to the solid waste generated in agricultural production activities.

  (6) Hazardous wastes refer to solid wastes with hazardous characteristics that are included in the national hazardous waste inventory or identified according to the hazardous waste identification standards and identification methods prescribed by the state.

  (7) Storage refers to the activity of temporarily placing solid waste in specific facilities or places.

  (8) Utilization refers to the activity of extracting substances from solid waste as raw materials or fuels.

  (9) Disposal refers to the incineration of solid waste and other methods that change the physical, chemical, and biological characteristics of solid waste to reduce the amount of solid waste produced, reduce the volume of solid waste, and reduce or eliminate its hazardous components. Or the event of placing solid waste in landfills that meet the requirements of environmental protection regulations.

  Article 125 The pollution prevention and control of liquid waste shall be governed by this law; however, the pollution prevention and control of waste water discharged into water bodies shall be governed by relevant laws and not applicable to this law.

  Article 126   This law shall come into force on September 1, 2020.

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(Authorized to issue) Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste
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