固體廢物污染環(huán)境防治法 英文版

1、Law of the Peoples Republic of China on Prevention and Control of Environmental Pollution by Solid Waste(Adopted at the 16th Meeting of the Standing Committee of the Eighth National Peoples Congress on October 30, 1995, revised at the 13th Meeting of the Standing Committee of the Tenth National Peop

2、les Congress and promulgated by Order No. 31 of the President of the Peoples Republic of China on December 29, 2004)ContentsChapter I General ProvisionsChapter II Supervision over the Prevention and Control of Environmental Pollution by Solid WasteChapter III Prevention and Control of Environmental

3、Pollution by Solid WasteSection 1 General RegulationsSection 2 Prevention and Control of Environmental Pollution by Industrial Solid WasteSection 3 Prevention and Control of Environmental Pollution by Household WasteChapter IV Special Regulations for Prevention and Control of Environmental Pollution

4、 by Hazardous WasteChapter V Legal ResponsibilityChapter VI Supplementary ProvisionsChapter IGeneral ProvisionsArticle 1 This Law is enacted for the purpose of preventing and controlling environmental pollution by solid waste, ensuring human health, maintaining ecological safety and promoting the su

5、stainable development 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 Peoples Republic of China.This Law is not applicable to the prevention and control of marine environmental pollution b

6、y solid waste or of environmental pollution by radioactive solid waste.Article 3 In preventing and controlling environmental pollution by solid waste, the State follows the principles of reducing the quantity of solid waste generated and its harmfulness, fully and rationally utilizing solid waste, a

7、nd making it innocuous through treatment, in order to promote cleaner production and the development of a circular economy.The State adopts economic and technical policies and measures that facilitate the comprehensive use of solid waste, in order to fully recover and rationally utilize solid waste.

8、The State encourages and supports the adoption of measures for concentrated treatment of solid waste for the benefit of environmental protection and promotes the development of the industry designed to prevent and control environmental pollution by solid waste.Article 4 Peoples governments at or abo

9、ve the county level shall include the prevention and control of environmental pollution by solid waste in their plans for national economic and social development and adopt economic and technical policies and measures that facilitate the prevention and control of environmental pollution by solid was

10、te.When making arrangements for drawing up plans for town and township construction, land use, regional development, industrial development, etc., the relevant departments under the State Council, local peoples governments at or above the county level and the relevant departments under them shall gi

11、ve overall consideration to the need of reducing the quantity of solid waste generated and its harmfulness, and promoting the comprehensive use of solid waste and making it innocuous through treatment.Article 5 In preventing and controlling environmental pollution by solid waste, the State follows t

12、he principle whereby the polluter is held responsible in accordance with law.Manufactures, sellers, importers and users of products shall, in accordance with law, be responsible for preventing and controlling pollution by solid waste generated by the products.Article 6 The State encourages and suppo

13、rts scientific research in and development of technologies for prevention and control of environmental pollution by solid waste, promotes the wide use of advanced technologies for such prevention and control, and disseminates scientific knowledge in this field.Peoples governments at various levels s

14、hall enhance publicity and education in the need of prevention and control of environmental pollution by solid waste and promote the mode of production and way of life that are conducive to environmental protection.Article 7 The State encourages units and individuals to purchase or use recycled and

15、recyclable products.Article 8 The peoples governments at various levels shall give awards to the units and individuals that have achieved outstanding successes in the prevention and control of environmental pollution by solid waste and in its multipurpose use.Article 9 All units and individuals have

16、 the obligation to protect the environment and have the right to report or file charges against the units or individuals that cause environmental pollution by solid waste.Article 10 The administrative department for environmental protection under the State Council shall conduct unified supervision o

17、ver the prevention and control of environmental pollution by solid waste throughout the country. The relevant departments under the State Council shall be responsible for supervision over the prevention and control of environmental pollution by solid waste within the scope of their respective duties

18、.The administrative departments for environmental protection under the local peoples governments at or above the county level shall conduct unified supervision over the prevention and control of environmental pollution by solid waste within their own administrative areas. The relevant departments of

19、 the said peoples governments shall be responsible for supervision over the prevention and control of environmental pollution by solid waste within the scope of their respective duties.The administrative department for construction under the State Council and the administrative departments for envir

20、onmental sanitation under the local peoples governments at or above the county level shall be responsible for supervision over the cleaning up, collection, storage, transportation and treatment of household waste.Chapter IISupervision over the Prevention and Control of Environmental Pollution by Sol

21、id WasteArticle 11 The administrative department for environmental protection under the State Council shall, in conjunction with the relevant administrative departments under the State Council and on the basis of the national standards for environmental quality and the countrys economic and technolo

22、gical conditions, draw up the national technological standards for prevention and control of environmental pollution by solid waste.Article 12 The administrative department for environmental protection under the State Council shall establish a system for monitoring environmental pollution by solid w

23、aste, formulate unified monitoring norms and, in conjunction with relevant departments, set up a monitoring network.The administrative departments for environment protection under the peoples governments of large and medium-sized cities shall regularly publish information about the types of solid wa

24、ste, the quantities generated and its treatment.Article 13 For construction of a project where solid waste is generated or a project for storage, utilization or treatment of solid waste, its impact on the environment shall be assessed according to law, and the State regulations governing environment

25、al protection in respect of construction projects shall be complied with.Article 14 The necessary supporting facilities for prevention and control of environmental pollution by solid waste specified in the environmental impact assessment document of a construction project shall be designed, construc

26、ted and put into operation simultaneously with the main part of the project. The construction project may be put into production or use only after the facilities for prevention and control of environmental pollution by solid waste are checked and accepted as qualified by the original administrative

27、department for environmental protection that examined and approved the environmental impact assessment document. The facilities for prevention and control of environmental pollution by solid waste shall be checked and accepted simultaneously with the main part of the project.Article 15 The administr

28、ative department for environmental protection under the peoples government at or above the county level and the administrative department for supervision over prevention and control of environmental pollution by solid waste shall have the right to conduct, in compliance with their respective duties,

29、 on-the-spot inspection of the units located within the scope of their jurisdiction that are involved in the prevention and control of environmental pollution by solid waste. The units under inspection shall give truthful reports of the situation and provide the necessary information. The inspection

30、 authority shall keep confidential the technological know-how and business secrets of the units inspected.When conducting on-the-spot inspection, the inspection authority may adopt such measures as conducting on-the-spot monitoring, collecting samples, consulting or duplicating materials related to

31、the prevention and control of environmental pollution by solid waste. Inspectors shall show their identification papers when they conduct on-the-spot inspection.Chapter IIIPrevention and Control of Environmental Pollution by Solid WasteSection 1General RegulationsArticle 16 Units and individuals whe

32、re solid waste is generated shall adopt measures to prevent or reduce environmental pollution by solid waste.Article 17 Units and individuals that collect, store, transport, utilize or treat solid waste shall take measures to prevent the scattering, running off and spilling of solid waste, or other

33、measures to prevent pollution of the environment; they shall not dump or pile up, without authorization, or discard or litter solid waste.No unit or individual may dump solid waste into rivers, lakes, canals, channels, reservoirs, or tidal flats and slopes below the highest waterline, or other place

34、s where dumping and piling up of waste is prohibited by laws and regulations.Article 18 Products and packing materials shall be designed and manufactured in compliance with the State regulations governing cleaner production. The administrative department for standardization under the State Council s

35、hall, on the basis of the economic and technological conditions of the State, in light of the prevention and control of environment pollution by solid waste and in compliance with the technical requirements of the products, take charge of formulating relevant standards to prevent environmental pollu

36、tion by over-packing.The enterprises, which manufacture, sell or import products and packaging materials included in the compulsory recovery catalog according to law, shall recover the said products and packaging materials according to the relevant regulations of the State.Article 19 The State encou

37、rages research institutions and manufactures to conduct research in and manufacture thin-film sheetings and product packaging materials that are easy to be recycled or treated, or are degradable in the environment.Units and individuals that use agricultural thin-film shall take measures to recycle i

38、t or other measures in order to prevent or reduce environmental pollution by such film.Article 20 An entity engaged in raising livestock and poultry in a large scale shall, in conformity with relevant State regulations, collect, store, utilize or treat the excrement and urine discharge by the livest

39、ock and poultry, in order to prevent environmental pollution. Open-air burning of stalks in densely-populated areas, in the neighboring areas of airports, on the peripheries of the main lines of communications and in the areas delimited by local peoples governments is prohibited.Article 21 Managemen

40、t and maintenance of facilities, equipment and grounds for collection, storage, transportation and treatment of solid waste shall be improved so as to ensure their normal operation and use.Article 22 Constructing of facilities and grounds for concentrated storage and treatment of industrial solid wa

41、ste or landfills for household waste within the nature reserves, scenic spots, historical sites, drinking water source reserves, capital farmland reserves as delimited by the State Council, the relevant competent departments under the State Council and the peoples governments of provinces, autonomou

42、s regions, and municipalities directly under the Central Government and within other zones that need special protection is prohibited. Article 23 For transporting solid waste out of the administrative area of a province, autonomous region, or municipality directly under the Central Government for st

43、orage or treatment, an application shall be submitted to the administrative department for environmental protection under the peoples government of the province, autonomous region, or municipality directly under the Central Government of the area where the solid waste is to be moved out. The adminis

44、trative department for environmental protection of the peoples government of the province, autonomous region, or municipality directly under the Central Government of the area where the solid waste is to be moved out may give approval to the transporting of the solid waste out of its administrative

45、area only after it has consulted with, and won the consent of the administrative department for environmental protection of the peoples government of the province, autonomous region, or municipality directly under the Central Government of the area for acceptance of the solid waste. No solid waste m

46、ay be transported elsewhere without approval.Article 24 Importing of solid waste from outside of the territory of the Peoples Republic of China for dumping, piling up or treating is prohibited.Article 25 Importing of solid waste that cannot be used as raw materials or utilized after being made innoc

47、uous is prohibited; as a means of control, 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.The administrative department for environmental protection under the State

48、Council shall, in conjunction with the department in charge of foreign trade under the State Council, the department in charge of comprehensive and macro-economic control under the State Council, the General Administration of Customs and the department in charge of quality supervision, inspection an

49、d quarantine under the State Council, formulate, readjust and publish the catalogs of solid waste the import of which is banned, restricted or automatically permitted.Importing of solid waste placed in the catalog of solid waste the import of which is banned is prohibited. Importing of solid waste p

50、laced in the catalog of solid waste the import of which is restricted shall be subject to examination and approval by the administrative department for environmental protection under the State Council in conjunction with the department in charge of foreign trade under the State Council. For importin

51、g of solid waste placed in the catalog of solid waste the import of which is automatically permitted, the formalities for automatic permission shall be gone through according to law.The solid waste imported shall conform to the national standards for environmental protection and shall be checked and

52、 accepted as qualified by the department in charge of quality supervision, inspection and quarantine.The specific administrative measures for import of solid waste shall be formulated by the administrative department for environmental protection under the State Council, in conjunction with the depar

53、tment in charge of foreign trade under the State Council, the department in charge of comprehensive and macro-economic control under the State Council, the General Administration of Customs and the department in charge of quality supervision, inspection and quarantine under the State Council.Article

54、 26 Where an importer is not satisfied with the Customs for placing what he imports under its control over solid waste, he may apply for administrative reconsideration according to law or bring an administrative suit before a peoples court.Section 2Prevention and Control of Environmental Pollution b

55、y Industrial Solid WasteArticle 27 The administrative department for environmental protection under the State Council shall, in conjunction with the department in charge of comprehensive and macro-economic control under the State Council and the relevant departments, give a definition of environment

56、al pollution by industrial solid waste, work out technical policies regarding the prevention and control thereof, and take charge of disseminating advanced production techniques and equipment for prevention and control of environmental pollution by industrial solid waste.Article 28 The department in

57、 charge of comprehensive and macro-economic control under the State Council shall, in conjunction with the relevant departments under the State Council, take charge of research in, development of and promotion of the wide use of, the production techniques and equipment that will serve to reduce the

58、quantity of industrial solid waste generated and its harmfulness, and publish the catalogs of the outdated production techniques and equipment that generate industrial solid waste which causes serious environmental pollution and that should be eliminated within a time limit.Manufactures, sellers, im

59、porters and users shall respectively stop manufacturing, selling, importing and using the equipment, included in the catalog mentioned in the preceding paragraph, within the time limit specified by the department in charge of comprehensive and macro-economic control under the State Council in conjunction with the relevant departments under the State Council. Users of the production techniques mentioned in the preceding paragraph shall sto