固體廢物污染環(huán)境防治法

1、固體廢物污染環(huán)境防治法-英文 版Law of the People's Republic of China on Prevention and Control of EnvironmentaiPollution by Solid Waste(Adopted at the 16th Meeting of the Standing Committee of the Eighth National People' sCongress on October 30, 1995, revised at the 13th Meeting of the Standing Committee o

2、f the Tenth Nati onal People ' s Con gress and promulgated by Order No. 31 of the Preside nt of the People ' s Republic of Claiion December 29, 2004)Con te ntsChapter I Gen eral Provisi onsChapter II Supervision over the Prevention and Control of Environmental Pollution bySolid WasteChapter

3、III Prevention and Control of Environmental Pollution by Solid WasteSectio n 1 Gen eral Regulati onsSectio n 2 Preve nti on and Con trol of Environmen tal Polluti on by In dustrial Solid WasteSectio n 3 Preve nti on and Con trol of Environmen tal Polluti on by Household WasteChapter IV Special Regul

4、ations for Prevention and Control of Environmental Pollution by Hazardous WasteChapter V Legal Resp on sibilityChapter VI Suppleme ntary Provisi onsChapter IGen eral Provisi onsArticle 1 This Law is enacted for the purpose of preventing and controlling environmental pollution by solid waste, ensurin

5、g human health, maintaining ecological safety and promot ing the susta in able developme nt of the economy and society.Article 2 This Law is applicable to the prevention and control of environmental pollution by solid waste within the territory of the Peopleic o'ChRepublThis Law is not applicabl

6、e to the prevention and control of marine environmental pollution by solid waste or of en vir onmen tal polluti on by radioactive solid waste.Article 3 In preventing and controlling environmental pollution by solid waste, the State follows the prin ciples of reduc ing the qua ntity of solid waste ge

7、n erated and its harmf uln ess, fully and rati on ally utilizi ng solid waste, and maki ng it inno cuous through treatme nt, in order to promote clea ner product ion and the developme nt of a circular economy.The State adopts econo mic and tech ni cal policies and measures that facilitate the compre

8、hensive use of solid waste, in order to fully recover and rationally utilize solid waste.The State en courages and supports the adopti on of measures for concen trated treatme nt of solid waste for the ben efit of en vir onmen tal protecti on and promotes the developme nt of the in dustry desig ned

9、to preve nt and con trol en vir onmen tal polluti on by solid waste.Article 4 People ' s governments at or above the cdenyshall include the prevention and control of environmental pollution by solid waste in their plans for national economic and social developme nt and adopt econo mic and tech n

10、i cal policies and measures that facilitate the prevention and control of environmental pollution by solid waste.When mak ing arran geme nts for draw ing up pla ns for tow n and tow nship con structi on.'s gove lomabntsedthe county level and thland use, regi onal developme nt, i ndustrial develo

11、pme nt, etc., the releva nt departme nts un der the State Coun cil, local people releva nt departme nts un der them shall give overall con siderati on to the n eed of reduc ing the qua ntity of solid waste gen erated and its harmf uln ess, and promoti ng the comprehe nsive use of solid waste and mak

12、 ing it inno cuous through treatme nt.Article 5 In preventing and controlling environmental pollution by solid waste, the State follows the prin ciple whereby the polluter is held resp on sible in accorda nee with law.Manufactures, sellers, importers and users of products shall, in accordance with l

13、aw, be resp on sible for preve nti ng and con trolli ng polluti on by solid waste gen erated by the products.Article 6 The State en courages and supports scie ntific research in and developme nt of tech no logies for preve nti on and con trol of en vir onmen tal polluti on by solid waste, promotes t

14、he wide use of adva need tech no logies for such preve nti on and con trol, and disseminates scientific knowledge in this field.People ' s gover nments at various levels shall enhance publicity and educati on in the need of prevention and control of environmental pollution by solid waste and pro

15、mote the mode of product ion and way of life that are con ducive to en vir onmen tal protect ion.Article 7 The State encourages units and individuals to purchase or use recycled and recyclable products.Article 8 The people ' s governments at various levels shall give awards to the units and in d

16、ividuals that have achieved outsta nding successes in the preve nti on and con trol of en vir onmen tal pollutio n by solid waste and in its multipurpose use.Article 9 All un its and in dividuals have the obligati on to protect the en vironment and have the right to report or file charges against th

17、e units or individuals that cause environmenta pollutio n by solid waste.Article 10 The admi nistrative departme nt for en vir onmen tal protecti on un der the State Coun cil shall con duct un ified supervisi on over the preve nti on and con trol of en vir onmental pollutio n by solid waste througho

18、ut the coun try. The releva nt departme nts un der the StateCoun cil shall be resp on sible for supervisi on over the preve nti on and con trol of environmental pollution by solid waste within the scope of their respective duties.The administrative departments for environmental protection under the

19、local people' sgover nments at or above the county level shall con duct un ified supervisi on over the preve ntio n and con trol of en vir onmen tal polluti on by solid waste within their own adm ini strative areas. The releva nt departme nts of the said people' s gover nments shall beresp o

20、n sible for supervisi on over the preve nti on and con trol of en vir onmen tal polluti on by solid waste with in the scope of their respective duties.The adm ini strative departme nt for con struct ion un der the State Coun cil and the administrative departments for environmental sanitation underth

21、e local people ' sgover nments at or above the county level shall be resp on sible for supervisi on over the clea ning up, collecti on, storage, tran sportati on and treatme nt of household waste.Chapter IISupervisi on over the Preve nti on and Con trol of En vir onmen tal Polluti on by Solid Wa

22、steArticle 11 The admi nistrative departme nt for en vir onmen tal protecti on un der the State Coun cil shall, in conjunction with the releva nt admi nistrative departme nts un der the State Council and on the basis of the national standards for environmental quality and the country ' s econo m

23、ic and tech no logical con diti ons, draw up the n ati onal tech no logical sta ndards for preve nti on and con trol of en vir onmen tal polluti on by solid waste.Article 12 The admi nistrative departme nt for en vir onmen tal protecti on un der the State Council shall establish a system for monitor

24、ing environmental pollution by solid waste, formulate un ified mon itori ng norms an d, i n conjun cti on with releva nt departme nts, set up a mon itori ng n etwork.The administrative departments for environment protection under the people' sgovernments of large and medium-sized cities shall re

25、gularly publish information about the types of solid waste, the qua ntities gen erated and its treatme nt.inArticle 13 For con struct ion of a project where solid waste is gen erated or a project for storage, utilization or treatment of solid waste, its impact on the environment shall be assessed ac

26、cordi ng to law, and the State regulati ons gover ning en vir onmen tal protection respect of con struct ion projects shall be complied with.Article 14 The n ecessary support ing facilities for preve ntio n and con trol of en vir onmen tal pollution by solid waste specified in the environmental impa

27、ct assessment document of a con struct ion project shall be desig ned, con structed and put into operati on simulta neously with the mai n part of the project. The con struct ion project may be put into producti on or use only after the facilities for prevention and control of environmental pollutio

28、n by solid waste are checked and accepted as qualified by the orig inal admi nistrative departme nt for en vir onmen tal protect ion that exam ined and approved the en vir onmen tal impact assessment document. The facilities for prevention and control of environmental pollution by solid waste shall

29、be checked and accepted simultaneously with the main part of the project.Article 15 The admi nistrative departme nt for en vir onmen tal protecti on un der the people gover nment at or above the county level and the admi nistrative departme nt for supervisi on over prevention and control of environm

30、ental pollution by solid waste shall have the right to con duct, in complia nee with their respective duties, on-the-spot in spect ion of the un its located within the scope of their jurisdiction that are involved in the prevention and control of en vir onmen tal polluti on by solid waste. The un it

31、s un der in specti on shall give truthful reports of the situati on and provide the n ecessary in formatio n. The in specti on authority shall keep con fide ntial the tech no logical kno w-how and bus in ess secrets of the un its in spected.potWhe n con duct ing on-the-spot in spect ion, the in spec

32、ti on authority may adopt such measures as con duct ing on-the-spot mon itori ng, collect ing samples, con sult ing or duplicati ng materials related to the preve ntio n and con trol of en vir onmen tal polluti on by solid waste. I nspectors shall show their ide ntificati on papers whe n they con du

33、ct on-the-s in specti on.Chapter IIIPreve nti on and Con trol of En vir onmen tal Pollutio n by Solid WasteSectio n 1Gen eral Regulatio nsArticle 16 Un its and in dividuals where solid waste is gen erated shall adopt measures to preve nt or reduce en vir onmen tal polluti on by solid waste.Article 1

34、7 Un its and in dividuals that collect, store, tran sport, utilize or treat solid waste shall take measures to prevent the scattering, running off and spilling of solid waste, or other measures to preve nt polluti on of the en vir onment; they shall not dump or pile up, without authorization, or dis

35、card or litter solid waste.No un it or in dividual may dump solid waste in to rivers, lakes, can als, cha nn els, reservoirs, or tidal flats and slopes below the highest waterl ine, or other places where dump ing and pili ng up of waste is prohibited by laws and regulati ons.Article 18 Products and

36、pack ing materials shall be desig ned and manu factured in complia nee with the State regulati ons gover ning clea ner product ion. The admi nistrative departme nt for sta ndardizati on un der the State Council shall, on the basis of the econo mic and tech no logical con diti ons of the State, in li

37、ght of the preve nti on and con trol of environment pollution by solid waste and in compliance with the technical requirements of the products, take charge of formulati ng releva nt sta ndards to preve nt en vir onmen tal pollutio n by over-pack ing.The en terprises, which manu facture, sell or impo

38、rt products and packag ing materials in cluded in the compulsory recovery catalog accordi ng to law, shall recover the said products and packag ing materials accord ing to the releva nt regulati ons of the State.Article 19 The State en courages research in stituti ons and manu factures to con duct r

39、esearch in and manu facture thi n-film sheeti ngs and product packag ing materials that are easy to be recycled or treated, or are degradable in the en vir onment.Un its and in dividuals that use agricultural thin-film shall take measures to recycle it or other measures in order to preve nt or reduc

40、e en vir onmen tal polluti on by such film.Article 20 An en tity en gaged in raisi ng livestock and poultry in a large scale shall, in con formity with releva nt State regulati ons, collect, store, utilize or treat the excreme nt and urine discharge by the livestock and poultry, in order to prevent

41、environmental pollution. Open-air bur ning of stalks in den sely-populated areas, in the n eighbori ng areas of airports, on the peripheries of the main lines of com muni cati ons and in the areas delimited by local people ' s governments is prohibited.Article 21 Management and maintenance of fa

42、cilities, equipment and grounds for collection, storage, transportation and treatment of solid waste shall be improved so as to ensure their no rmal operati on and use.Article 22 Con struct ing of facilities and grounds for concen trated storage and treatme nt of in dustrial solid waste or Ian dfill

43、s for household waste within the n ature reserves, sce nic spots, historical sites, drinking water source reserves, capital farmla nd reserves as delimited by the State Coun cil, the releva nt compete nt departme nts un der the StateCouncil and the people ' s governments of provinces, autonomous

44、 regions, and muni cipalities directly un der the Cen tral Gover nment and with in other zones that n eed special protection is prohibited. Article 23 For transporting solid waste out of the adm ini strative area of a provin ce, aut onom ous regi on, or muni cipality directly un der the Central Gove

45、rnment for storage or treatment, an application shall be submitted to the administrative department for environmental protection under the people' s government othe provin ce, aut onom ous regi on, or mun icipality directly un der the Cen tral Gover nment of the area where the solid waste is to

46、be moved out. The administrative department for en vir onmen tal protect ion of the people' s gover nment of the provin ce, aut onom ous regi on,or mun icipality directly un der the Cen tral Gover nment of the area where the solid waste is to be moved out may give approval to the tran sport ing

47、of the solid waste out of its administrative area only after it has consulted with, and won the consent of theadministrative department for environmental protection of the people' s government of theprovin ce, aut onom ous regi on, or mun icipality directly un der the Cen tral Gover nment ofthe

48、area for accepta nee of the solid waste. No solid waste may be tran sported elsewhere without approval.Article 24 Importing of solid waste from outside of the territory of the People ' s Republic of China for dump ing, pili ng up or treati ng is prohibited.Article 25 Importing of solid waste tha

49、t cannot be used as raw materials or utilized after being made inno cuous is prohibited; as a means of con trol, the solid waste that can be used as raw materials shall be classified as solid waste the import of which is restricted and solid waste the import of which is automatically permitted.d isT

50、he admi nistrative departme nt for en vir onmen tai protectio n un der the State Council shall, in conjunction with the departme nt in charge of foreig n trade un der the State Coun cil, the departme nt in charge of comprehe nsive and macro-ec ono mic con trol un der the State Council, the General A

51、dministration of Customs and the department in charge of quality supervisi on, in specti on and quara nti ne un der the State Coun cil, formulate, readjust and publish the catalogs of solid waste the import of which is bann ed, restricted or automatically permitted.ntImporting of solid waste placed

52、in the catalog of solid waste the import of which is banne prohibited. Importing of solid waste placed in the catalog of solid waste the import of which is restricted shall be subject to exam in ati on and approval by the admi nistrative departme for en vir onmen tal protectio n un der the State Cou

53、n cil in conjunction with the departme nt in charge of foreign trade under the State Council. For importing of solid waste placed in the catalog of solid waste the import of which is automatically permitted, the formalities for automatic permissi on shall be gone through accord ing to law.The solid

54、waste imported shall conform to the n ati onal sta ndards for en vir onmen tal protect ion and shall be checked and accepted as qualified by the departme nt in charge of quality supervisi on, in spect ion and quara nti ne.The specific admi nistrative measures for import of solid waste shall be formu

55、lated by the admi nistrative departme nt for en vir onmen tal protectio n un der the State Coun cil, in conjunction with the departme nt in charge of foreig n trade un der the State Coun cil, the departme nt in charge of comprehe nsive and macro-ec ono mic con trol un der the State Council, the Gene

56、ral Administration of Customs and the department in charge of quality supervisi on, in specti on and quara ntine un der the State Coun cil.Article 26 Where an importer is not satisfied with the Customs for placing what he imports un der its con trol over solid waste, he may apply for admi nistrative

57、 rec on siderati on according to law or bring an administrative suit before a people' s court.Section 2Preve nti on and Con trol of En vir onmen tal Pollutio n by In dustrial Solid WasteArticle 27 The admi nistrative departme nt for en vir onmen tal protecti on un der the State Council shall, in

58、 conjunction with the department in charge of comprehensive and macro-ec ono mic con trol un der the State Council and the releva nt departme nts, give a defi niti on of en vir onmen tal polluti on by in dustrial solid waste, work out tech ni cal policies regardi ng the preve nti on and con trol the

59、reof, and take charge of dissem in ati ng adva need product ion tech niq ues and equipme nt for preve ntio n and con trol of en vir onmen tal polluti on by in dustrial solid waste.Article 28 The departme nt in charge of comprehe nsive and macro-ec ono mic con trol under the State Coun cil shall, in conjunction with the releva nt departme nts un der the State Coun cil, take charge of research in, developme nt of and promoti on of the wide use of, the product ion tech niq ues and equipme nt that will s