People's Republic of China promulgated by Decree No. 612
Of the regulations on the safety of radioactive waste management Executive meeting of the State Council on November 30, 2011 the 183th through, are hereby promulgated and, as of March 1, 2012.
Prime Minister Wen Jiabao
December 20, 2011 the safety of radioactive waste management regulations chapter I General provisions
First in order to strengthen the safe management of radioactive waste, protect the environment, safeguard human health, according to the People's Republic of China on prevention and control of radioactive pollution, this Ordinance is enacted.
Radioactive waste referred to in article II of this Ordinance, are those containing radionuclides or contaminated with radionuclides, radioactivity cleaning solutions or specific activity is greater than the State standards, expected waste no longer in use.
Article of radioactive waste handling, storage and treatment, supervision and management and other activities, this Regulation shall apply.
Referred to in the regulations, refers to the safe and economical transportation, storage and disposal of radioactive waste, purification, concentration, curing, compression, and packaging, and other means to change the properties of the radioactive waste, shape and volume of activities.
Store mentioned in these regulations, means waste radioactive sources and other solid radioactive wastes temporarily placed in the custody of purpose built facilities activities.
Disposal mentioned in these regulations, means waste radioactive sources and other radioactive solid waste is not placed in a specially constructed facilities and retrieval activities.
Fourth safety of radioactive waste management, should stick to the reduction, sound and proper disposal, permanent security principles.
Fifth Environmental Protection Department under the State Council is responsible for the national work safety supervision and management of radioactive waste.
Nuclear industry under the State Council and other relevant departments, in accordance with the provisions of the Ordinance and their respective functions and is responsible for the management of radioactive waste.
Local people's Governments at or above the county level environmental protection Department and other departments concerned in accordance with the provisions of the Ordinance and responsible for the administration of their respective duties related to radioactive waste management.
Sixth national classification management of radioactive waste.
According to the properties of the radioactive waste and its effects on human health and the potential environmental hazard, radioactive waste into high level radioactive waste and intermediate-level radioactive waste and low-level radioactive wastes.
Article seventh treatment, storage and disposal of radioactive wastes, shall comply with the relevant State of radioactive pollution prevention standards and environmental protection departments under the State Council.
Eighth Environmental Protection Department under the State Council in conjunction with the nuclear industry Department and other relevant departments to establish national radioactive waste management information systems, information sharing.
The State encourages and supports the safety of radioactive waste management of scientific research and technological development, and promoting the safety of radioactive waste management technologies. Nineth any units and individuals in violation of the provisions of this Ordinance, power to the people's Governments above the county level report to the environmental protection department or other relevant departments.
Complaint Department shall timely investigate and deal with, and the informer confidential; investigations case, giving rewards to informants.
Chapter II the processing and storage of radioactive waste
Article cannot be generated from nuclear facilities business unit shall be recycled and cannot be returned to the original production units or of disused radioactive sources of the exporting Party (hereinafter referred to as waste radioactive sources), to obtain the appropriate permits for solid radioactive waste storage units storage, or sent directly to obtain the appropriate permit disposal of radioactive solid waste disposal units.
Nuclear facilities operating units other than waste radioactive sources should produce solid radioactive waste and cannot purify the emission of radioactive waste is processed so that it turns into a stable, standardized independently of solid waste storage, and time to obtain the appropriate permits for disposal of radioactive solid waste disposal units.
11th nuclear technology using units shall produce no emissions purification treatment of radioactive waste into solid radioactive waste.
Use of nuclear technology should be produced in a timely manner of disused radioactive sources and other radioactive waste, to obtain the appropriate permits for solid radioactive waste storage units storage, or sent directly to obtain the appropriate permit disposal of radioactive solid waste disposal units.
12th special units engaged in solid radioactive waste storage shall comply with the following conditions and in accordance with the provisions of this Ordinance apply for solid radioactive waste storage permit:
(A) it has legal personality;
(B) to ensure the safety of the storage facility organizations and 3 per cent of the radioactive waste management, radiation protection, environmental monitoring of professional and technical personnel, including at least 1 certified safety engineers;
(C) comply with the relevant national radioactive pollution prevention standards of solid radioactive waste and the Environmental Protection Department under the State Council receives, storage facilities and premises, and radioactivity, radiation protection and environmental monitoring equipment;
(D) have a sound management system and quality assurance system meets the requirements of nuclear safety supervision and management, including the monitoring of the quality assurance program, storage facilities planning, radiation and environmental monitoring plans and contingency plans, and so on.
Nuclear facilities operating units and facilities supporting the construction of storage facilities storing solid radioactive waste generated by this unit, no application for a storage permit; storing solid radioactive waste produced by other units, shall apply in accordance with the provisions of this Ordinance for storage permits.
Apply article 13th for solid radioactive waste storage permit shall make written application to the Environmental Protection Department under the State Council, and submitted to it in accordance with the conditions specified in section 12th-proof material.
Environmental Protection Department under the State Council shall, within 20 working days from the date of acceptance of the application review, to meet the conditions of the license shall be published; do not meet the conditions, and notify the applicant in writing and state the reasons. In review processes, the Environmental Protection Department under the State Council should organize experts to conduct technical reviews, and seek the views of other relevant departments under the State Council.
Technical review time shall inform the applicant in writing.
14th solid radioactive waste storage permits shall include the following:
(A) the name, address and legal representative;
(B) granting type, scope and scale of activities undertaken;
(C) the term of validity;
(D) the issuing authority, date of issue, and certificate number.
15th solid radioactive waste storage unit change unit name, address, legal representative, shall from the date of registration of changes in the 20th, to apply to the Environmental Protection Department under the State Council for the permit procedures.
Solid radioactive waste storage unit needs a change of activities under the license type, scope and scale of, to the Environmental Protection Department under the State Council shall, in accordance with the original application procedure to reapply for licensing.
16th section of solid radioactive waste storage permit shall be valid for 10 years.
License has expired, the storage of solid radioactive waste storage units needs to continue to engage in activities, shall, 90 days before the expiration of license, renewal application to the Director of Environmental Protection Department under the State Council.
Environmental Protection Department under the State Council should be completed before the expiry of the permit review, grant for eligible extension does not meet the conditions, and notify the applicant in writing and state the reasons.
Article 17th of solid radioactive waste storage units should be in accordance with the relevant State of radioactive pollution prevention standards and environmental protection departments under the State Council, on receiving of disused radioactive sources and other radioactive solid wastes classified storage and cleaning, cleaning solutions in a timely manner control or to obtain the appropriate permits for disposal of radioactive solid waste disposal units.
Solid radioactive waste storage units shall establish a record of solid radioactive waste storage files, fully documented source of solid radioactive waste storage, quantity and characteristics of solutions, storage location, clean control, matters related to the disposal and storage activities.
Solid radioactive waste storage facilities storage units should be based on the natural environment of radioactive solid waste characteristics and to take the necessary protective measures, ensures that the prescribed storage period, the storage facilities, containers of good and solid radioactive waste safety, and ensure the safe return of solid radioactive waste.
18th solid radioactive waste storage units should be run according to a storage facility monitoring plans and environmental radiation monitoring programme, conducted safety checks on storage facilities and storage facilities around the groundwater, surface water, soil and air radioactivity. Solid radioactive waste storage units should faithfully record the monitoring data, found safety problems or radionuclide in the environment exceed the State standards and should immediately find the cause and take appropriate preventive measures, and to the local environmental protection authorities of provinces, autonomous regions and municipalities reported.
Pose a radiation accident, it should immediately start the unit's emergency programme, and in accordance with the People's Republic of China on prevention and control of radioactive pollution and the radioactive isotopes and radiation equipment reporting provisions of safety and protection regulations, relating to emergency work.
Article 19th waste radioactive sources and other radioactive solid wastes of solid radioactive waste storage, storage, disposal disposal unit sent to the Party shall also provide the types of solid radioactive waste, quantities, activity, such as the original archive materials and recycling of radioactive sources, and bear the costs of storage and treatment in accordance with regulations.
Chapter of the disposal of radioactive waste
20th nuclear industry authorities under the State Council in conjunction with the Department of environmental protection based on geological, environmental, social and economic conditions of solid radioactive waste disposal needs, in consultation with the relevant departments of the State Council, and conduct environmental impact assessments on the basis of solid radioactive waste disposal site location plan 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.
21st construction of solid radioactive waste disposal facilities, radioactive solid waste disposal site location shall, in accordance with the technical guidelines and standards requirements, and residential areas, water, protected areas, roads, factories and businesses maintain a strict security protection zone and other places, and on sites of geological, hydro-geological and other natural conditions and socio-economic conditions for the full study.
22nd construction of solid radioactive waste disposal facility, shall comply with the solid radioactive waste disposal site location planning, and according to site approval and building permits.
Does not conform to the site plan or site technical guides, standards, shall not approve the location or construction.
High level radioactive solid wastes and Alpha-radioactive solid waste disposal facilities in engineering and safety techniques, underground experiments, siting and construction, by the nuclear industry Department Organization.
23rd specialized units of solid radioactive waste disposal, shall comply with the following conditions and in accordance with the provisions of this Ordinance apply for solid radioactive waste disposal permits:
(A) it has legal personality of State-owned or State-controlled enterprises. (B) to ensure safe operation of the disposal facility organizations and professional and technical personnel.
Low, and in the level radioactive solid waste disposal units should has 10 name above radioactive waste management, and radiation protection, and environment monitoring aspects of professional technicians, which at least has 3 name registered nuclear security engineers; high radioactive solid waste and Alpha radioactive solid waste disposal units should has 20 name above radioactive waste management, and radiation protection, and environment monitoring aspects of professional technicians, which at least has 5 name registered nuclear security engineers. (C) comply with the relevant national radioactive pollution prevention standards of solid radioactive waste and the Environmental Protection Department under the State Council receives, disposal facilities and premises, and radioactivity, radiation protection and environmental monitoring equipment.
Low and intermediate level radioactive solid waste disposal facilities after closure should meet the security isolation requirements for more than 300 years; high level radioactive solid wastes and Alpha-radioactive solid waste disposal facilities after closure should meet the security isolation requirements for more than 10,000 years. (D) there is a corresponding amount of the registered capital.
Low and intermediate level radioactive solid waste disposal unit of the registered capital shall be no less than 30 million Yuan; high level radioactive solid wastes and Alpha-radioactive solid waste disposal unit of the registered capital shall be not less than 100 million Yuan.
(E) to guarantee that the disposal activities continued until the expiration of safe custody for financial security.
(Vi) have a sound management system and quality assurance system meets the requirements of nuclear safety supervision and management, including the monitoring of the quality assurance program, disposal facilities planning, radiation and environmental monitoring plans and contingency plans, and so on.
Article 24th of solid radioactive waste disposal permit application, the change and continuity of the examination and approval authority and procedures, as well as license the content, length, according to the regulations, regulations of the 13th to 16th.
25th radioactive solid waste disposal unit shall, in accordance with the relevant State of radioactive pollution prevention standards and environmental protection departments under the State Council, on receiving of solid radioactive waste for disposal. Solid radioactive waste disposal units shall establish a solid radioactive waste disposal records, record source to dispose of solid radioactive waste, quantity, characteristics, location and disposition of matters related to the activities.
Solid radioactive waste disposal records should be stored permanently.
26th article of radioactive solid waste disposal should be run according to a disposal facility monitoring plans and environmental radiation monitoring programme, conducted safety checks on disposal facilities, and disposal facilities around the groundwater, surface water, soil and air radioactivity. Solid radioactive waste disposal monitoring data shall truthfully record and found safety problems or radionuclide in the environment exceed the State standards and should immediately find the cause and take appropriate preventive measures, and to the Environmental Protection Department and Department of nuclear industry report.
Pose a radiation accident, it should immediately start the unit's emergency programme, and in accordance with the People's Republic of China on prevention and control of radioactive pollution and the radioactive isotopes and radiation equipment reporting provisions of safety and protection regulations, relating to emergency work.
27th radioactive solid waste disposal facility designed service period expires, or dispose of solid radioactive waste has reached design capacity of the facilities, or areas of geological structures or significant changes in the hydrogeological conditions not suitable to continue to dispose of solid radioactive waste disposal facility, it shall close the procedure, and designated locales permanent marker.
Solid radioactive waste disposal facilities will be closed, and disposal unit shall prepare a disposal facility security monitoring plans submitted to the State Council approval of the Environmental Protection Department. Solid radioactive waste disposal facilities according to law after the closure of disposal units shall in accordance with the approved safety monitoring plan after the close of disposal facilities for safe custody.
Radioactive solid waste disposal units due to bankruptcy, revoking the license termination, disposal facility closure and safety monitoring requirements by providing financial guarantees should undertake.
Supervision and administration of the fourth chapter
28th people's Governments above the county level environmental protection Department and other departments concerned in accordance with the People's Republic of China on prevention and control of radioactive pollution and the provisions of this Ordinance, on radioactive waste treatment, storage and disposal activities, to supervise the security checks.
29th people's Governments above the county level environmental protection Department and other relevant departments when conducting supervision and inspection, and the right to take the following measures:
(A) to check the unit's legal representative and other relevant persons and information;
(B) enter into the inspected unit on-site monitoring, inspection or verification;
(C) consult and copy relevant documents, records, and other relevant information;
(D) request units under inspection to submit statements of case or follow-up reports.
The units under inspection shall cooperate, reflect the situation, provide the necessary information, shall not be refused and obstructed.
People's Governments above the county level environmental protection authority supervision and inspection personnel and other relevant departments according to law when conducting supervision and inspection, shall produce documents and inspected the unit keep confidential the technological know-how and business secrets.
30th operation of nuclear facilities, nuclear technology and solid radioactive waste storage and treatment units shall be in accordance with the size of the dangers of radioactive waste, establishing and perfecting the system of the appropriate level of security, take the appropriate technical measures and measures to prevent, and radioactive waste pollution accident emergency drills.
31st nuclear facilities business unit, technology use and solid radioactive waste storage and treatment units, should be directly involved in radioactive waste for the handling, storage and disposal activities of nuclear and radiation safety knowledge and professional technical training, and assessment examinations, before engaging in this work.
32nd nuclear facilities business unit, technology use and solid radioactive waste storage units should be in accordance with the provisions of the Environmental Protection Department under the State Council regular reports of radioactive waste, emissions control, handling, storage, cleaning solution and sent to disposal, and so on.
Solid radioactive waste disposal units before March 31 in each year, to the competent environmental protection sector and trade authorities report the previous year for the nuclear industry radioactive solid waste receiving, handling and facility operation and so on.
33rd prohibits waste radioactive source and radioactive solid waste sent to other units without corresponding permit storage, disposal or unauthorized disposal.
Activities prohibited without a permit, or not in accordance with licence types, scope, scale and duration of solid radioactive waste storage and disposal activities. 34th prohibits radioactive waste and radioactive-contaminated imports of People's Republic of China territory, or by the People's Republic of China territory transferred.
The specific measures shall be formulated by the competent Department of environmental protection in conjunction with the competent commercial departments, the General Administration of customs, State administration for entry-exit inspection and quarantine authorities.
The fifth chapter legal liability
35th departments responsible for the supervision and management of radioactive waste safety and who, in violation of the provisions of this Ordinance, any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary; directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) in violation of the regulations provide for the issuance of solid radioactive waste storage and disposal permit;
(B) approval of the violation of the provisions of this Ordinance do not meet site planning or siting disposal facilities siting of the technical guidelines, standards or construction;
(C) found in violation of this Ordinance does not investigate and punish according to law;
(D) handling of solid radioactive waste storage and disposal permit, as well as in the process of conducting supervision and inspection, ask for and accept other people's property, or seeking other interests;
(E) other acts of favoritism, abuse their powers, neglect their duties.
36th article violation this Ordinance provides, nuclear facilities operating units, and nuclear technology using units has following behavior one of of, by approval the units project environment effect evaluation file of environmental protection competent sector ordered stop violations, deadline corrected; late not corrected of, specified has corresponding license of units on behalf of storage or disposal, by needed costs by nuclear facilities operating units, and nuclear technology using units bear, can at 200,000 yuan following of fine; constitute crime of, law held criminal:
(A) nuclear facilities operating units are not in accordance with the provisions of its waste to the storage and disposal of radioactive sources, or other radioactive solid waste sent to disposal;
(B) the use of nuclear technology is not in accordance with the provisions of disused radioactive sources or other solid radioactive waste storage and disposal.
37th article violation this Ordinance provides, has following behavior one of of, by County above government environmental protection competent sector ordered stop violations, deadline corrected, at 100,000 yuan above 200,000 yuan following of fine; caused pollution of, ordered deadline take governance measures elimination pollution, late not take governance measures, by urged told still not governance of, can specified has governance capacity of units on behalf of governance, by needed costs by illegal who bear; constitute crime of, law held criminal:
(A) the radiation source in nuclear waste facilities business unit be sent to units without corresponding permit storage and treatment, or other radioactive solid waste sent to disposal of units without a corresponding permit or disposed of without authorization;
(B) nuclear technology uses waste radioactive sources or other radioactive solid waste sent to the storage and disposal of units do not have the appropriate permits, or disposed of without authorization;
(C) solid radioactive waste storage units of waste radioactive sources or other radioactive solid waste sent to disposal of units without a corresponding permit or disposed of without authorization.
38th article violation this Ordinance provides, has following behavior one of of, by provincial above government environmental protection 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 5 times times following of fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, and at 50,000 yuan above 100,000 yuan following of fine; caused pollution of, ordered deadline take governance measures elimination pollution, late not take governance measures
, Has not control notice, you can specify the management unit of governance, the cost borne by the offender constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) without a permit, without engaging in waste radioactive sources or other solid radioactive waste storage and disposal activities;
(B) solid radioactive waste storage and disposal unit activities not in accordance with licence types, scope, size, term used radioactive sources or other solid radioactive waste storage and disposal activities;
(C) solid radioactive waste storage and disposal of radioactive pollution prevention units in accordance with relevant State standards and environmental protection departments under the State Council storage and disposal of waste radioactive sources or other radioactive solid waste.
39th solid radioactive waste storage and treatment units are not in accordance with the provisions established history archives, or not in accordance with the provisions of the record, rectification by the people's Governments above provincial level environmental protection authority, the fines of between 50,000 yuan and 10,000 yuan; it fails, fines of between 50,000 yuan and 100,000 yuan.
40th nuclear facilities business unit technical units or solid radioactive waste, nuclear storage and treatment units are not in accordance with the provisions of the present section 32nd report on the situation, the people's Governments above the county level environmental protection authorities shall order correction within, the fines of between 50,000 yuan and 10,000 yuan; it fails, fines of between 50,000 yuan and 100,000 yuan.
41st in violation of the provisions of this Ordinance, refuse or hinder the supervision and inspection of environmental protection department or other relevant departments, or accept supervision and inspection to deception, the supervision and inspection departments shall order rectification, fines of between 20,000 yuan; activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
42nd nuclear facilities business unit technical units or solid radioactive waste, nuclear storage and treatment units are not in accordance with the provisions of the technical training and evaluation of staff, rectification by the people's Governments above the county level environmental protection authority, the fines of between 50,000 yuan and 10,000 yuan; it fails, fines of between 50,000 yuan and 100,000 yuan.
43rd in violation of the provisions of this Ordinance, People's Republic of China within the radioactive waste or radioactive contamination of the goods, or the People's Republic of China territory of radioactive wastes or radioactive contamination of the goods by the Customs shall be ordered to return the radioactive waste or radioactive contaminated materials, and a fine of 500,000 yuan and 1 million Yuan the following constitutes a crime, criminal responsibility shall be investigated according to law.
The sixth chapter supplementary articles
44th arising out of military installations, equipment safety management of radioactive waste, in accordance with the People's Republic of China 60th of the prevention and control of radioactive pollution regulations.
45th transport safety of radioactive waste management, pollution from radioactive waste accident emergency response, as well as workers in the occupation activity caused by exposure to radioactive wastes in the occupational-disease-prevention, in accordance with the provisions of relevant laws and administrative regulations.
46th article of the regulations come into force on March 1, 2012.
