2022年-中华人民共和国固体废物污染环境防治法( .pdf

中华人民共和国固体废物污染环境防治法（英）Law of the Peoples Republic of China on Prevention of Environmental Pollution Caused by Solid Waste Adopted by the 16th Meeting of the Standing Committee of the Eighth National Peoples Congress on October 30, 1995, promulgated by Order No.58 of the President of the Peoples Republic of China on October 30, 1995, to be effective as of April 1, 1996. Contents Chapter I General Principles Chapter II Supervision and Control over Prevention of Environmental Pollution Caused by Solid Waste Chapter III Prevention of Environmental Pollution Caused by Solid Waste Section 1 General Stipulations Section 2 Prevention of Environmental Pollution Caused by Industrial Solid Waste Section 3 Prevention of Environmental Pollution Caused by Urban Residential Refuse Chapter IV Special Stipulations on the Prevention of Environmental Pollution Caused by Dangerous Waste Chapter V Legal Responsibilities Chapter VI Supplementary Articles Chapter I General Principles Article 1 To prevent the pollution of the environment by solid waste, ensure the good health of the public, and promote the development of socialist modernization, the following law is hereby established. Article 2 This law applies to the prevention of environmental pollution caused by solid waste within the boundaries of the Peoples Republic of China. It does not apply to the prevention of marine environmental pollution caused by solid waste or of environmental pollution caused by radioactive solid waste. Article 3 To prevent pollution of the environment by solid waste, the state shall carry out a principle of reducing the production of solid waste, making full and rational use of solid waste, and safely disposing of solid waste. Article 4 The state shall encourage and support clean production to reduce the creation of solid waste. The state shall encourage and support the comprehensive utilization of resources, the full recovery and rational usage of solid waste, and the adoption of economic and technological policies and measures conducive to making comprehensive use of solid waste. 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 1 页，共 14 页 - - - - - - - - - Article 5 The state shall encourage and support measures for the centralized disposal of solid waste that are conducive to environmental protection. Article 6 The peoples governments at the county level or above shall coordinate the prevention of environmental pollution caused by solid waste with environmental protection plans and shall adopt economic and technological policies and measures conducive to the prevention of environmental pollution caused by solid waste. Article 7 The state shall encourage and support scientific research and technological development for the prevention of environmental pollution caused by solid waste, the promotion of advanced technologies for prevention, as well as the popularization of scientific knowledge for the prevention of environmental pollution caused by solid waste. Article 8 The peoples governments at different levels shall give awards to those units or individuals that make remarkable contributions to the prevention of environmental pollution caused by solid waste as well as in the related activities of making comprehensive use of solid waste. Article 9 Every unit or individual has an obligation to protect the environment and has the right to report or bring charges against those units or individuals that are responsible for environmental pollution caused by solid waste. Article 10 The administrative department under the State Council in charge of environmental protection shall exercise unified supervision and administration throughout the whole country over the prevention of environmental pollution caused by solid waste. The relevant departments under the State Council shall be in charge of the supervision and administration of the prevention of environmental pollution caused by solid waste within the limits of their own responsibilities. The administrative departments under the local peoples governments at the county level or above shall exercise unified supervision and administration over the prevention of environmental pollution caused by solid waste within the boundaries of the corresponding administrative division. The departments concerned under the peoples governments at the county level or above shall be in charge of the supervision and administration of the prevention of environmental pollution caused by solid waste within the limits of their own responsibilities. The administrative department under the State Council in charge of construction and the administrative departments in charge of the environment and public health under the local peoples governments at the county level or above shall be in charge of the supervision and administration of the cleaning, collection, storage, transportation, and disposal of urban residential refuse. Chapter II Supervision and Administration of Prevention of Environmental Pollution Caused by Solid Waste Article 11 The administrative department under the State Council in charge of environmental protection shall establish a monitoring system for environmental pollution caused by solid waste, 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 2 页，共 14 页 - - - - - - - - - formulate unified monitoring standards, and organize a monitoring network in conjunction with other relevant departments. Article 12 In constructing those projects that may produce industrial solid waste as well as those for storage and disposal of solid waste, the state administrative regulations for environmental protection in construction projects must be abided by. Reports on the effects of a construction project on the environment shall include an estimation of the pollution and other effects on the environment caused by the solid waste that is produced by the construction project, as well as the stipulation of measures for the prevention of environmental pollution, and shall be submitted to the administrative department in charge of environmental protection for approval in accordance with the procedures that are stipulated by the state. After the report on the environmental effects is ratified, the department in charge of examining and approving construction projects shall approve a feasibility study report or a design responsibility report for the project. Article 13 A report on the effects of a construction project on the environment shall stipulate that the necessary facilities for the prevention of environmental pollution caused by solid waste must be designed, constructed, and put into operation in coordination with the principal part of the project. A construction project shall begin operation or use only after the facilities for the prevention of environmental pollution caused by solid waste are inspected and approved by the same department that examined and approved the report on the environmental effects. The facilities for the prevention of environmental pollution caused by solid waste shall be inspected and approved together with the principal part of the project. Article 14 The administrative departments under the peoples governments at the county level or above in charge of environmental protection and other supervisory and administrative departments in charge of the prevention of environmental pollution caused by solid waste shall have the right to conduct on-the-spot inspections of the units concerned with the prevention of environmental pollution caused by solid waste within their jurisdiction in accordance with their own responsibilities. The inspected units shall report the situation accurately and shall provide any necessary materials. The inspecting institutions shall maintain the technological and operational secrecy of the inspected units. The inspecting personnel shall show their credentials while conducting on-the-spot inspections. Chapter III Prevention of Environmental Pollution Caused by Solid Waste Section 1 General Stipulations Article 15 The units and individuals that produce solid waste shall take measures to prevent or reduce the environmental pollution caused by solid waste. Article 16 The units and individuals that collect, store, transport, utilize, or dispose of solid waste shall take precautions against the spread, loss, and leakage of the solid waste as well as other measures for preventing the solid waste from polluting the environment. 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 3 页，共 14 页 - - - - - - - - - The abandonment or spread of solid waste during transportation is forbidden. Article 17 Products shall use packing materials which are easily recycled, disposed of, or assimilated by the environment. The product manufacturer, retailer, or consumer shall recycle those product packages and containers that can be recycled in accordance with the relative regulations of the state. Article 18 The state shall encourage scientific research institutions and production units to study and produce thin films for agricultural use that are easily recycled, disposed of, or assimilated by the environment. Those units and individuals that utilize thin films for agricultural use shall take measures such as recycling to prevent or reduce environmental pollution caused by the thin films. Article 19 The administration and maintenance of the facilities, equipment, and sites for the collection, storage, transportation and disposal of solid waste shall be strengthened in order to guarantee their normal operation and use. Article 20 It is forbidden to close, disuse, or dismantle without authorization the facilities and sites for preventing environmental pollution caused by industrial solid waste. Those facilities and sites that require closure, disuse, or dismantling must be examined and approved by the administrative departments in charge of environmental protection under the local peoples governments at the county level or above, and measures shall be taken to prevent environmental pollution. Article 21 Those enterprises and institutions that produce solid waste which causes serious environmental pollution shall be ordered to bring their pollution under control within a specified period of time. Those subject to such an order shall accomplish the task on schedule. The order shall be made by the peoples government at the county level or above according to the authority granted them by the State Council. Article 22 It shall be forbidden to construct facilities or sites for the centralized storage and disposal of industrial solid waste or burial sites for residential refuse in nature preserves, scenic spots, historic sites, drinking water sources, and other places of special protection designated by the State Council and the peoples governments at the provincial, municipal, or autonomous regional levels. Article 23 In the event that solid waste is transferred to other provinces, municipalities, or autonomous regions for storage or disposal, a report must be submitted to the administrative department in charge of environmental protection under the peoples government of the province from which the solid waste will be transferred, and approval must be granted by the administrative department in charge of environmental protection under the peoples government of the province to which the solid waste will be transferred. Article 24 Within the territory of the Peoples Republic of China, it is forbidden to dump, pile, or dispose of solid waste from outside the Peoples Republic of China. Article 25 The state shall forbid the import of solid waste which cannot be used as a raw material 名师资料总结 - - -精品资料欢迎下载 - - - - - - - - - - - - - - - - - - 名师精心整理 - - - - - - - 第 4 页，共 14 页 - - - - - - - - - and shall restrict the import of solid waste that can be used as raw material. The administrative department in charge of environmental protection, together with the department in charge of foreign trade and economic cooperation under the State Council shall stipulate, adjust, and announce the list of solid wastes which can be imported for use as raw materials; the import of those kinds of solid waste that are not listed shall be forbidden. Those that require the import of solid wastes listed in the list stipulated in the preceding paragraph for use as raw materials must acquire approval through examination by the administrative department in charge of environmental protection and the department in charge of foreign trade and economic cooperation under the State Council. Specific measures shall be formulated by the State Council. Section 2 Prevention of Environmental Pollution Caused by Industrial Solid Waste Article 26 The administrative department in charge of environmental protection together with the department in charge of comprehensive economic affairs under the State Council and other departments concerned shall designate the environmental pollution caused by industrial solid waste, formulate policies on technologies for the prevention of environmental pollution caused by industrial solid waste, and organize the spread of advanced production technologies and equipment for the prevention of environmental pollution caused by industrial solid waste. Article 27 The department in charge of comprehensive economic affairs together with other departments concerned under the State Council shall organize the research, development, and popularization of production technologies and equipment for reducing the amount of industrial solid waste, and shall promulgate a catalogue of backward production technologies and equipment that are responsible for industrial solid waste resulting in serious environmental pollution and that are to be eliminated within a specified time. The manufacturer, retailer, importer, or consumer must stop respectively producing, marketing, importing, or utilizing the equipment listed in the catalogue stipulated in the preceding paragraph within the specified time granted by the department in charge of comprehensive economic affairs and other departments concerned under the State Council. The applier of production technologies must cease use of those technologies listed in the catalogue stipulated in the preceding paragraph within the specified time granted by the department in charge of comprehensive economic affairs and other departments concerned under the State Council. Any equipment required to be eliminated in accordance with the stipulations in the two preceding paragraphs shall not be transferred to others for use. Article 28 The departments concerned under the peoples governments at the county level or above shall formulate a plan for the prevention of environmental pollution caused by industrial solid waste, the popularization of advanced production technologies and equipment for reducing the amount of industrial solid waste, and the promotion of work on the prevention of environmental pollution caused 名师资料总结 - - -精品资料欢迎下载 -