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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 people s congress on october 30, 1995, revised at the 13th meeting of the standing committee of the tenth national pe
2、oples congress and promulgated by order no. 31 of the president of the people s republic of china on december 29, 2004)contents chapter i general provisions chapter ii supervision over the prevention and control of environmental pollution by solid waste chapter iii prevention and control of environm
3、ental pollution by solid waste section 1 general regulations section 2 prevention and control of environmental pollution by industrial solid waste section 3 prevention and control of environmental pollution by household waste chapter iv special regulations for prevention and control of environmental
4、 pollution by hazardous waste chapter v legal responsibility chapter vi supplementary provisions chapter i general provisions article 1 this law is enacted for the purpose of preventing and controlling environmental pollution by solid waste, ensuring human health, maintaining ecological safety and p
5、romoting the sustainable 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 environme
6、ntal pollution by 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 utilizi
7、ng solid waste, and 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 ut
8、ilize solid waste. 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 g
9、overnments at or above 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 po
10、llution by solid waste. 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 department
11、s under them shall give 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 wast
12、e, the state follows the 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 st
13、ate encourages and supports 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. people s gover
14、nments at various levels shall 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 pu
15、rchase or use recycled and 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 a
16、ll units and individuals have 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
17、 conduct unified supervision over 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 sc
18、ope of their respective duties. 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 are
19、as. the relevant departments of 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 admi
20、nistrative departments for environmental 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 ii supervision over the prevention and control
21、 of environmental pollution by solid waste article 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
22、 the countrys economic and technological 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 monitorin
23、g environmental pollution by solid waste, 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 in
24、formation about the types of solid waste, 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 s
25、tate regulations governing environmental 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 construct
26、ion project shall be designed, constructed 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 qu
27、alified by the original administrative 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
28、of the project. article 15 the administrative 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
29、compliance with their respective duties, 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 t
30、he necessary information. the inspection 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, consul
31、ting or duplicating materials related to the prevention and control of environmental pollution by solid waste. inspectors shall show their identification papers when they conduct on-the-spot inspection. chapter iii prevention and control of environmental pollution by solid waste section 1 general re
32、gulations article 16 units and individuals where 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, run
33、ning off and spilling of solid waste, or other 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 sl
34、opes below the highest waterline, or other places 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 departm
35、ent for standardization under the state council shall, 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
36、relevant standards to prevent environmental pollution 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 r
37、egulations of the state. article 19 the state encourages 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 agr
38、icultural thin-film shall take measures to recycle it 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
39、treat the excrement and urine discharge by the livestock 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 p
40、eoples governments is prohibited. article 21 management 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 co
41、ncentrated storage and treatment of industrial solid waste 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 coun
42、cil and the peoples governments of provinces, autonomous 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 mu
43、nicipality directly under the central government for storage or treatment, an application shall be submitted to the administrative department for environmental protection under the people s government of the province, autonomous region, or municipality directly under the central government of the ar
44、ea where the solid waste is to be moved out. 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 where the solid waste is to be moved out may give approval to the tr
45、ansporting of the solid waste out of its administrative 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
46、area for acceptance of the solid waste. no solid waste may 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 b
47、e used as raw materials or utilized after being made innocuous 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 administrati
48、ve department for environmental protection under the state 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
49、 department in charge of quality supervision, inspection and 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
50、of which is banned is prohibited. importing of solid waste placed 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 c
51、harge 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 permission shall be gone through according to law. the solid waste imported shall conform to the national st
52、andards for environmental protection and shall be checked and 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 pro
53、tection under the state council, 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 supervis
54、ion, inspection and quarantine under the state council. article 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 cou
55、rt.section 2 prevention and control of environmental pollution by industrial solid waste article 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 counc
56、il and the relevant departments, give a definition of environmental 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
57、 pollution by industrial solid waste. article 28 the department in 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
58、production techniques and equipment that will serve to reduce the 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
59、should be eliminated within a time limit. manufactures, sellers, importers 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 compreh
60、ensive 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 stop using the same within the time limit specified by the department in charge of comprehensi
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