People's Republic Of China Radioactive Pollution Prevention And Control Law

Original Language Title: 中华人民共和国放射性污染防治法

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(June 28, 2003 of Deputies adopted at the third meeting of the Standing Committee) People's Republic of China, sixth President of the People's Republic of China on prevention and control of radioactive pollution by the People's Republic of China XI session of the third meeting of the Standing Committee of the national people's Congress on June 28, 2003, are hereby promulgated and, as of October 1, 2003. People's Republic of China President Hu Jintao June 28, 2003 directory first chapter General second chapter radioactive pollution control of supervision management third chapter nuclear facilities of radioactive pollution control fourth chapter nuclear technology using of radioactive pollution control fifth chapter uranium (thorium) mine and associated radioactive mine utilization of radioactive pollution control sixth chapter radioactive waste management seventh chapter legal responsibility eighth chapter schedule first chapter General first article to control radioactive pollution, protection environment, guarantees human health, promote nuclear, and
The development and peaceful use of nuclear technology, this law is enacted.
Second method is suitable for People's Republic of China area and other sea areas under the jurisdiction of nuclear facilities siting, construction, operation, decommissioning and nuclear technology, uranium (thorium), mines associated with radioactivity in the exploitation and utilization of radioactive pollution prevention and control activities.
Third countries on the prevention and control of radioactive pollution, prevention, combining prevention with treatment and strict management, safety first approach.
Fourth State of radioactive pollution prevention encourages and supports scientific research and technological development, and promotion of advanced radioactive pollution prevention and control technologies.
State supports international exchange and cooperation in the prevention of radioactive pollution.
Fifth people's Governments above the county level should include radioactive pollution prevention and control work in the environmental protection plan.
The people's Government above the county level shall organize and carry out targeted radioactivity pollution prevention education and informing the public about prevention and control of radioactive pollution and scientific knowledge of the situation.
Sixth article of any unit and individual have the right to impeach and accuse against the resulting radioactive pollution of.
Article seventh have made outstanding achievements in the prevention and control of radioactive pollution of the units and individuals that give awards to the people's Governments above the county level.
Eighth environmental protection Administrative Department under the State Council for national prevention and control of radioactive pollution exercise unified supervision and management in accordance with law.
  The health Administrative Department under the State Council and other relevant departments according to the provisions of the State Council's duties on the radioactive pollution prevention and control law implementation supervision and management. Chapter II supervision and management of radioactive pollution prevention and control article Nineth national standards for prevention and control of radioactive pollution shall be formulated by the Administrative Department of environmental protection under the environmental safety requirements, national economic and technological conditions.
National standards for prevention and control of radioactive pollution by the State environmental protection administration departments and departments of standardization administration of the State Council jointly issued. Tenth national radioactive contamination monitoring system established.
Environmental protection Administrative Department under the State Council in conjunction with the other relevant departments of the State Council environmental surveillance network of radioactive pollution monitoring and management.
11th environmental protection Administrative Department under the State Council and other relevant departments of the State Council, according to the Division of responsibilities, accountability, Exchange information, cooperate closely on nuclear facilities, uranium (thorium) development and utilization of radioactive pollution prevention and control in supervision and inspection.
Local people's Governments at or above the county level administrative department and other relevant departments at the same level of environmental protection, in accordance with the Division of responsibilities, accountability, information exchange and close cooperation on the administrative kernel technology use, exploitation and utilization of radioactive pollution prevention and control in mines associated with radioactivity monitoring checks. Supervision and inspection personnel for on-site inspection, shall produce certificates. The unit to be checked must truthfully report the situation, provide the necessary information. Supervisory and inspective personnel shall keep confidential the technological know-how and business secrets the inspected units.
Units and site inspections involving State secrets shall comply with the national provisions relating to State secrets, according to the relevant approval procedures.
12th nuclear facilities operating units, the use of nuclear technology, uranium (thorium) and utilization of mines associated with radioactivity unit, this unit is responsible for prevention and control of radioactive pollution, accepted the environmental supervision and management of the administrative authorities and other relevant authorities, and radioactive pollution from its responsibility under the law.
13th nuclear facilities operating units, the use of nuclear technology, uranium (thorium) and utilization of mines associated with radioactivity unit safety and protection measures must be taken against accidents that may lead to radioactive contamination, avoid radioactive contamination hazards.
Nuclear facilities operating units, the use of nuclear technology, uranium (thorium) and utilization of mines associated with radioactivity, radiation safety education, training of its staff and take effective protective measures.
14th national qualification against radioactive pollution prevention and control professionals management systems; for radioactive contamination monitoring agencies implementation of the quality management system working. 15th transport of radioactive substances and radiation-emitting devices containing radioactive sources, should take effective measures to prevent radioactive contamination.
Specific measures shall be formulated by the State Council. 16th radioactive materials and radiation-emitting devices, should set the visible radiation labels and warning specifications in Chinese.
Production, sale, use, storage and disposal of radioactive materials and radiation-emitting devices in place, as well as the transport of radioactive material and radiation-emitting devices containing radioactive sources of tools, you should set up obvious signs of radiation.
Article 17th products containing radioactive substances shall meet the national standards for prevention and control of radioactive pollution; do not meet national standards for prevention and control of radioactive pollution, not factory and sales.
Use the associated radioactive slag and contain natural stone building and decoration materials for radioactive material, shall conform to the national standards for radionuclides in building materials control. Chapter III nuclear facility radioactive pollution prevention and control article 18th facilities siting should be scientifically demonstrated, and in accordance with the relevant provisions of the approval procedures.
Before going through the nuclear facility site selection and approval procedures, and prepare environmental impact reports should be submitted to the State Council for examination and approval by the Administrative Department of environmental protection without approval, the relevant departments may handle nuclear facilities siting approval documents.
Article 19th nuclear facilities operating units in the facilities built before loading, operating, decommissioning activities must be in accordance with the provisions of relevant nuclear installations safety supervision and management of the State, applies for a nuclear facility construction and operation permits and handling charge, retired, and approval procedures.
Nuclear facilities operating units and obtain a license, once the document is approved, construction, loading can be carried out accordingly, operation, and decommissioning activities.
Article 20th nuclear facilities business unit shall apply for facilities construction, operation license before retired the approval formalities and prepare environmental impact reports submitted to the State Council for examination and approval by the Administrative Department of environmental protection without approval, the relevant Department shall not issue a permit or approval document.
Article 21st matching facilities for prevention and control of radioactive pollution and nuclear facilities, should be simultaneously with the principal part of the project designed, built and put into use.
Radioactive pollution control facilities should be the main part of the project acceptance; acceptance, main part of the project can be put into production or use.
22nd article import nuclear facilities shall conform to the national standards for prevention and control of radioactive pollution; there is no national standards for prevention and control of radioactive pollution, use of environmental protection Administrative Department under the State Council specified foreign standards. Article 23rd outlying areas of important nuclear facilities such as nuclear power plants should be delimitation of planning restrictions.
Planning the delimitation of the restricted zones and management approach, stipulated by the State Council.
24th nuclear facilities business unit around nuclear facilities should be contained in the environment radionuclides type, concentration, and total amount of radioactive effluents of nuclear facilities to implement monitoring and regularly with environmental protection Administrative Department under the State Council and local provinces, autonomous regions and municipalities reporting the results of monitoring by the Administrative Department of environmental protection. Environmental protection Administrative Department under the State Council are responsible for the important supervisory monitoring nuclear facilities such as nuclear power plants and other nuclear facilities according to the needs of the effluent monitoring.
Supervisory monitoring system construction, operation and maintenance costs are covered by fiscal budget.
25th nuclear facilities business unit shall establish a sound security system, strengthen the security work, and accept the supervision of public security departments.
Nuclear facilities business unit shall, in accordance with the facilities of the scale and nature of development of nuclear accident emergency plan, emergency preparedness.
When there is a nuclear emergency, nuclear facilities operating unit must immediately take effective contingency measures to control accidents to nuclear facilities and authorities responsible for environmental protection departments, health administration, Public Security Bureau and other relevant departments report.
26th State shall establish and improve nuclear accident emergency system.
Nuclear authorities, responsible for environmental protection departments, health administration, Public Security Bureau and other relevant departments, under the leadership of the people's Governments at the corresponding level, according to their respective responsibilities in accordance with emergency response to nuclear accidents.
People's Liberation Army and people's armed police forces in accordance with the State Council and the Central Military Commission, the relevant provisions of the effective support in a nuclear emergency.
27th nuclear facilities business unit plans for decommissioning of nuclear facilities should be developed. Decommissioning of nuclear facilities and radioactive waste disposal costs should be accrued and included in the investment budget or the cost of production.
Nuclear facilities decommissioning costs and radioactive waste disposal costs of extraction and management approaches by the financial sector, the Department in charge of price under the State Council in conjunction with the environmental protection Administrative Department, facilities Department.
Radioactive pollution prevention and control of the fourth chapter of nuclear technology using 28th production, sale and use of radioisotopes and radiation-emitting devices, should be in accordance with the relevant radioactive isotopes and radiation equipment radiation protection provisions apply for the license and registration.
Transfer, import of radioactive isotopes and radiation equipment units and units equipped with radioisotope instruments, shall, in accordance with the State Council for radioisotope and radiation-emitting devices regulations on radiological protection procedures.
29th production, sale and use of radioisotopes and accelerators and neutron generators, and radiation-emitting devices containing radioactive source units, shall apply for a permit to prepare environmental impact assessment document, submitted to the provincial, autonomous regional and municipal people's Governments for examination and approval by the Administrative Department of environmental protection without approval, the relevant Department shall not issue a permit. State shall establish a filing system of radioisotopes.
Specific measures shall be formulated by the State Council.
Article 30th in building, reconstruction or expansion of workplace radiation protection facilities, simultaneously with the principal part of the project should be designed, constructed and put into use simultaneously. Radiation protection facilities should be the main part of the project acceptance; acceptance, main part of the project can be put into production or use.

31st radioisotopes should be kept separate, not inflammable, explosive, corrosive materials, such as storage, the storage place should take effective fire, theft, safety measures for preventing radiation leakage, and to designate a person responsible for custody.
When storage, receive, use, return of RI, registration, inspections should be carried out, so the AC line.
Article 32nd units of production and use of radioisotopes and radiation-emitting devices, should be in accordance with the provisions of environmental protection Administrative Department under the State Council for its radioactive waste collection, packaging and storage.
Production of radioactive sources should be in accordance with the provisions of environmental protection Administrative Department under the State Council recycling and utilization of waste sources; the use of radiation sources, shall, in accordance with the provisions of environmental protection Administrative Department under the State Council will waste radioactive source back to the production source units or sent to specialized units of solid radioactive waste storage and disposal. 33rd production units, sales, use, and storage of radiation sources, should establish a sound security system, specify the person in charge, implement the safety responsibility system, adopt the necessary emergency measures.
Radioactive source is lost, stolen, and radioactive pollution accidents, units and individuals must take immediate emergency measures, and public security departments, the health Administrative Department and the Administrative Department of environmental protection reported. Administrative Department of the public security Department, health and environmental protection departments received a radiation source is missing, stolen and radioactive contamination after the accident report, it shall report to the people's Governments at the corresponding level, and organizations to take immediate and effective measures in accordance with their respective responsibilities, preventing the spread of radioactive contamination, and reduce accident losses.
Local people's Governments shall promptly inform the public, and accident investigation, processing.
The fifth chapter of uranium (thorium) and exploitation of mines associated with radioactivity radioactive pollution prevention and control article 34th exploitation of uranium on or off (thorium) units, shall apply for the mining permit or approval for decommissioning procedures preparation of environmental impact statements before submitted to the State Council for examination and approval by the Administrative Department of environmental protection.
Exploitation of mines associated with radioactivity unit shall prepare environmental impact reports before the application for a mining permit, and reported to the people's Governments above provincial level administrative Department of environmental protection for review and approval.
35th and uranium (thorium) and matched mine exploitation and construction projects associated with radioactivity radioactive pollution prevention facilities, simultaneously with the principal part of the project should be designed, constructed and put into use simultaneously.
Radioactive pollution control facilities should be the main part of the project acceptance; acceptance, main part of the project can be put into production or use.
Article 36th uranium (thorium) exploitation of uranium should be (thorium) monitoring of effluents and the surrounding environment, and regularly with environmental protection Administrative Department under the State Council and local provinces, autonomous regions and municipalities reporting the results of monitoring by the Administrative Department of environmental protection.
37th article of uranium (thorium) and mines associated with radioactivity in the exploitation and utilization of tailings shall be built for storage of tailings, disposal construction of tailings shall conform to the requirements of radioactive pollution prevention and control. Article 38th of uranium (thorium) unit should develop a uranium mine development and utilization (thorium) retirement plan.
Uranium mine decommissioning costs are covered by the State's financial budget.
Sixth chapter 39th nuclear radioactive waste management facility operating unit, nuclear technology, uranium (thorium) and utilization of mines associated with radioactivity unit should be reasonable selection and use of raw materials, the use of advanced production technology and equipment, try to reduce the amount of radioactive waste produced.
40th discharging radioactive waste into the environment, waste water must comply with the national standards for prevention and control of radioactive pollution.
41st produce radioactive waste, waste discharge into the environment in line with national standards for prevention and control of radioactive pollution, radioactive waste, waste water, should apply to departments of environmental protection administration for approving environmental impact assessment document radionuclide emissions and emission measurement results of periodic reports.
42nd units for radioactive waste, in accordance with the requirements of national standards for prevention and control of radioactive pollution, the radioactive waste shall not be released into the environment are handled or stored.
Units for radioactive waste and emissions into the environment in line with national standards for prevention and control of radioactive pollution, radioactive waste, must meet the emission of environmental protection Administrative Department under the State Council.
Prohibition of the use, and sink into seepage wells pits, natural fissures, caves or other way against the discharge of radioactive waste.
Article 43rd low and intermediate level radioactive solid waste regional near-surface disposal in accordance with national requirements.
Centralized for deep geological disposal of high level radioactive solid wastes.
Alpha-radioactive solid waste disposal in accordance with the provisions of the preceding paragraph.
Ban on inland waters and the disposal of radioactive waste.
44th nuclear facilities authority of the State Council in conjunction with the Department of environmental protection administration under the geological condition and radioactive solid waste disposal needs in the environmental impact assessment on the basis of solid radioactive waste disposal site location planning, submitted to the State Council for approval before implementation.
Local people's Governments concerned should be based on solid radioactive waste disposal site location planning, provide land for construction of solid radioactive waste disposal sites, and to take effective measures in support of solid radioactive waste disposal.
45th radioactive solid waste unit, shall, in accordance with the provisions of environmental protection Administrative Department under the State Council, after its solid radioactive waste management, to disposal of radioactive solid waste disposal units, and bear the costs of disposal.
Solid radioactive waste disposal fees and the use of administrative measures shall be formulated by the financial sector, competent authorities and the environmental protection Administrative Department under the State Council. Article 46th unit specializing in solid radioactive waste storage and disposal, must be approved by the State Council for examination and approval by the Administrative Department of environmental protection, obtained a permit.
Specific measures shall be formulated by the State Council.
Prohibited without permission or in accordance with the relevant provisions of the license store and dispose of solid radioactive waste activities.
Solid radioactive waste is prohibited provided or entrusted to the storage and disposal of units without a permit.
47th prohibits radioactive waste and radioactive-contaminated imports of People's Republic of China territory, or by the People's Republic of China territory transferred.
Seventh chapter legal responsibility 48th article radioactive pollution control supervision management personnel violation legal provides, using positions Shang of convenience received others property, and seek other interests, or negligence, has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) on not meet statutory conditions of units issued license and handle approved file of; (ii) not law perform supervision management duties of; (three) found violations not investigation of.
49th article violation this method provides, has following behavior one of of, by County above government environmental protection administrative competent sector or other about sector according to terms ordered deadline corrected, can at 20,000 yuan following fine: (a) not according to provides report about environment monitoring results of; (ii) refused to environmental protection administrative competent sector and other about sector for site check, or was check Shi not truthfully reflect situation and provides necessary information of.
50th in violation of the provisions of this law, environmental impact assessment document has been produced, or environmental impact assessment documents without the approval of the Administrative Department of environmental protection, carrying out activities such as construction, operations, production, and use of, the examination and approval of environmental impact assessment document of the Administrative Department of environmental protection shall be ordered to desist from the illegal act deadlines for completing the formalities or restitution and fines of between 10,000 yuan and 200,000 yuan.
51st in violation of the provisions of this law, not the construction of facilities for prevention and control of radioactive pollution, radiation protection, prevention or protection facility without a qualified acceptance, main part of the project is put into production or use of, the examination and approval of environmental impact assessment document of the Administrative Department of environmental protection shall be ordered to desist from the illegal act, rectify, and fines of between 50,000 yuan and 200,000 yuan.
52nd in violation of the provisions of this law, without the permission or approval, operation of nuclear facilities units without a nuclear facility construction activities such as loading, operating, decommissioning, and the environmental protection Administrative Department under the State Council shall order to stop the illegal practice, correct within a fine below 200,000 yuan and 500,000 yuan and constitutes a crime, criminal responsibility shall be investigated according to law. 53rd article violation this method provides, production, and sales, and using, and transfer, and imports, and storage radioisotope and Ray device and equipment has radioactive isotope of instrument of, by County above government environmental protection administrative competent sector or other about sector according to terms ordered stop violations, deadline corrected; late not corrected of, ordered discontinued closed or revoked license; has illegal proceeds of, confiscated illegal proceeds; illegal proceeds 100,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine
; No illegal income or the illegal income is less than 100,000 yuan and fined a maximum of between 100,000 yuan and 10,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
54th article violation this method provides, has following behavior one of of, by County above government environmental protection administrative competent sector ordered stop violations, deadline corrected, sentenced fine; constitute crime of, law held criminal: (a) not built tailings library or not according to radioactive pollution control of requirements built tailings library, storage, and disposal uranium (thorium) mine and associated radioactive mine of tailings of; (ii) to environment emissions shall not emissions of radioactive exhaust, and waste of;
(C) in accordance with the provisions of the discharge of radioactive waste, into seepage wells pits, sink, natural fissures, caves or other discharge of radioactive waste in a manner prohibited by State; (d) is not in accordance with the provisions of or storage of radioactive waste shall not be released into the environment; (e) the solid radioactive wastes provided or entrusted to the storage and disposal of units without a permit.
The preceding paragraph (a), (b), (c) and (e) acts, fines of between 100,000 yuan and 200,000 yuan; former subparagraph (d), fined a maximum of between 100,000 yuan and 10,000 yuan. 55th in violation of the provisions of this law, any of the following acts, the people's Governments above the county level responsible for environmental protection department or other relevant departments according to the terms of reference of the rectification; fails to make corrections, shall be ordered to suspend production, and fined a maximum of 20,000 yuan and 100,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law: (a) in accordance with the provisions set radiation labels, signs, and warning specifications in Chinese;

(B) in accordance with the provisions to establish a sound security system and the development of contingency plans or emergency measures, (iii) do not report pursuant to the provisions of losing radioactive sources of radioactive contamination, theft or accident.
56th article produced radioactive solid waste of units, not according to this method 45th article of provides on its produced of radioactive solid waste for disposal of, by approval the units project environment effect evaluation file of environmental protection administrative competent sector ordered stop violations, deadline corrected; late not corrected of, specified has disposal capacity of units on behalf of disposal, by needed costs by produced radioactive solid waste of units bear, can and at 200,000 yuan following fine; constitute crime of, law held criminal. 57th article violation this method provides, has following behavior one of of, by provincial above government environmental protection administrative competent sector ordered discontinued closed or revoked license; has illegal proceeds of, confiscated illegal proceeds; illegal proceeds 100,000 yuan above of, and at illegal proceeds 1 time times above five times times following fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, and at 50,000 yuan above 100,000 yuan following fine; constitute crime of, law held criminal: (a) without license,
Solid radioactive waste storage and disposal activities without authorization, (ii) is not in accordance with the relevant provisions of the license to store and dispose of solid radioactive waste.
Article 58th People's Republic of China territory of importing radioactive waste and contaminated by radioactive materials, or by the People's Republic of China territory transfer of radioactive waste and radioactive contamination of the goods, the Customs shall order return of radioactive waste and radioactive contamination of the goods, and a fine of between 500,000 yuan and 1 million Yuan constitutes a crime, criminal responsibility shall be investigated according to law.
59th damage due to radioactive contamination, shall bear civil liability.
The eighth chapter by-laws 60th military facilities, the radioactive pollution prevention and control equipment by the State Council and relevant departments of the army, in accordance with the provisions of this law principles and supervise and administer the responsibilities under the State Council and the Central Military Commission.
61st laborer in professional activities in the prevention and treatment of occupational diseases caused by exposure to radioactive substances, in accordance with the People's Republic of China Law on occupational disease prevention provisions.
62nd article of the law, the following terms mean: (a) radioactive contamination is due to human activities resulting in material, human, place, environmental surface or exceeded the national standard within radioactive substances or radiation.
(B) nuclear facility, refers to the nuclear power plants (nuclear power plants, nuclear power plants, nuclear steam supply and heating plants, and so on) and other reactor (research reactor, test reactor, critical devices), nuclear fuel production, processing, storage and disposal facilities; radioactive waste treatment and disposal facilities.
(C) the use of nuclear technology, refers to the sealed radioactive sources, unsealed radioactive sources and radiation-emitting devices in the medical, industrial, agricultural, geological surveys, scientific research and teaching in the field of use.
(D) radioactive isotope, refers to certain kinds of radioactive decay of elements that have the same atomic number but different nuclides.
(E) the radioactive source, means the category of research reactors and power reactor nuclear fuel cycle material, permanently sealed in a container or tightly clad and solid radioactive material.
(F) radiation-emitting devices, refers to the x-ray machines, accelerators and neutron generators, and devices containing radioactive source.
(VII) mines associated with radioactivity, refers to non-uranium mines containing high concentrations of natural radionuclides (such as mines and phosphate mines, etc).
(H) radioactive waste, are those containing a radionuclide or radionuclide-contaminated, its concentration or specific activity greater than certain level of cleaning solution is expected to waste no longer in use. 63rd this law shall come into force on October 1, 2003.