Solid Radioactive Waste Storage And Disposal License Management Approach

Original Language Title: 放射性固体废物贮存和处置许可管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398544.shtml

Solid radioactive waste storage and disposal license management approach

    (December 30, 2013 the Ministry of environmental protection announced 25th March 1, 2014) directory

Chapter I General provisions

Chapter II permit application

Chapter III licensing

The fourth chapter legal liability

    The fifth chapter by-laws

    Chapter I General provisions

    First to strengthen supervision and management of solid radioactive waste storage and disposal activities, regulate the solid radioactive waste storage and disposal permit, in accordance with the People's Republic of China Law of prevention and control of radioactive pollution and the safety of radioactive waste management regulations, these measures are formulated.

    Second approach applies to solid radioactive waste storage and disposal permit application and approval of management.

Article in the People's Republic of China specializing in solid radioactive wastes in storage and disposal activities shall be obtained in accordance with this regulation of solid radioactive waste storage permit (hereinafter "storage license") or solid radioactive waste disposal permits (hereinafter "disposal permit"), and in accordance with licence types, scope and scale of radioactive solid waste storage or disposal activities.

While units engaged in solid radioactive waste storage and disposal, storage permits and disposal permit respectively.

    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 regulations for storage permits.

    Article fourth storage licences and disposal permit, issued by the Environmental Protection Department under the State Council approval,.

    Article fifth a storage permit or disposal permit unit (hereinafter "licensed unit") shall bear the storage or disposal of radioactive solid waste responsibility for security.

    Article sixth of solid radioactive waste storage or disposal activities who should pass on radioactive waste management, radiological protection training or expertise in environmental monitoring and assessment.

    Chapter II permit application

Article seventh units engaged in solid radioactive waste storage, subject to the following conditions:

(A) it has legal personality;

(B) to ensure the safety of the storage facility organizations, including storage facilities operation, safety (including radiation monitoring) and quality assurance departments;

(C) three or more radioactive waste management, radiation protection, environmental monitoring of professional and technical personnel, of which at least one certified safety engineers; (D) 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 locations.

While engaged in radioactive waste management activities, radioactive pollution prevention should also comply with the relevant national standards and prescribed treatment facilities the environmental protection departments of the State Council;

(E) comply with the relevant national prevention and control of radioactive pollution standards and environmental protection departments under the State Council of radioactivity, radiation protection and environmental monitoring equipment;

(F) establishment of a records system, record the source of solid radioactive waste storage, quantity and characteristics, storage location, control or to dispose of cleaning solution and other related information;

    (VII) have a sound management system and quality assurance system meets the requirements of nuclear safety supervision and management, including stored procedures, quality assurance program, storage facilities, monitoring plan, monitoring plan, contingency plans, and so on.

Eighth section of the application for a storage permit shall make written application to the Environmental Protection Department under the State Council, fill in solid radioactive waste storage permit application form, and submit the following materials:

(A) the copy of the business license and duplicate copies, or copy of institution and duplicate copies of the certificate of the legal person, as well as the copy of ID card of the legal representative;

(B) solid radioactive waste storage management, and operator training and assessment shows that registered nuclear safety engineer certificate;

(C) solid radioactive waste storage facility environmental impact evaluation copies of approval documents;

(D) the list of radioactivity, radiation protection and environmental monitoring equipment;

(E) proof of solid radioactive waste storage management systems, including stored procedures, quality assurance program, and the program files list, radiation monitoring programme, storage facilities, monitoring plans, contingency plans, log files, manage files, etc;

    (Vi) satisfy the provisions of article seventh other supporting evidence.

Section Nineth for low and intermediate level radioactive solid waste disposal units, subject to the following conditions:

(A) it has legal personality of State-owned or State-controlled enterprises, there are no less than 30 million yuan of registered capital;

(B) can ensure the safe operation of the disposal facility organizations, including disposal facilities operations, safety (including radiation monitoring) and quality assurance departments;

(C) ten per cent of the radioactive waste management, radiation protection, environmental monitoring of professional and technical personnel, including certified safety engineers of not less than three;

(D) 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;

(E) comply with the relevant national prevention and control of radioactive pollution standards and environmental protection departments under the State Council of radioactivity, radiation protection and environmental monitoring equipment, as well as the necessary equipment for radiation protection;

(F) to guarantee that the disposal activities continued until the expiration of safe custody for financial guarantees;

(VII) establish a records information management system and the corresponding system to record and manage the disposal of solid radioactive waste sources, amount, character, disposition and disposal activities, including location-related information;

    (H) have a sound management system and quality assurance system meets the requirements of nuclear safety supervision and management, including disposal procedures, quality assurance program, disposal facilities monitoring, radiation monitoring and contingency plans, and so on.

Article tenth of high level radioactive solid waste disposal units and Alpha-radioactive solid waste disposal, in addition to meeting the measures Nineth part (b), (d), (e), (f), (g) and (h) provision of conditions, shall meet the following conditions:

(A) it has legal personality of State-owned or State-controlled enterprises, there are no less than 100 million yuan of registered capital;

    (B) more than 20 radioactive waste management, radiation protection, environmental monitoring of professional and technical personnel, including certified safety engineers, not less than five.

11th apply for disposal of permits shall make written application to the Environmental Protection Department under the State Council, fill in solid radioactive waste disposal permit application form, and submit the following materials:

(A) copy of business license and duplicate copies, copy of ID card of the legal representative;

(B) the radioactive solid waste disposal management and operations personnel training and assessment shows that registered nuclear safety engineer certificate;

(C) solid radioactive waste disposal facility environmental impact assessment approval copy and build copies of approval documents;

(D) the list of radioactivity, radiation protection and environmental monitoring equipment;

(V) financial guarantee certificates;

(Vi) radioactive solid waste disposal management system documentation, including disposal procedures, quality assurance program and the program files list, disposal facilities, monitoring plans, monitoring plans, contingency plans, records management documents, information management system documentation;

    (G) meeting the Nineth and tenth article these measures of other supporting materials.

    Chapter III licensing

12th Environmental Protection Department under the State Council shall accept permit applications within 20 working days from the date of completion of the review, eligible license notice does 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 in consultation with other relevant departments of the State Council.

    Technical review does not include time required for approval within the time limit, and shall inform the applicant in writing.

13th storage permit and treatment of permits shall contain the following:

(A) the company 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.

    Grant referred to in the preceding paragraph the type and scope of the activities, refers to the storage or disposal of spent radioactive sources, low, medium and high level radioactive solid wastes or Alpha-radioactive solid waste scale refers to the storage and disposal of solid radioactive waste space volume.

14th storage permit and treatment of permits will be valid for ten years.

License has expired, the solid radioactive waste storage or disposal of units needs to continue to engage in activities of storage or disposal activities should be before the license expires 90 days, renewal application to the Director of Environmental Protection Department under the State Council, and submit the following materials:

(A) permit renewal application documents;

(B) storage or disposal activities within the license summary report;

(C) radiation monitoring reports;

(D) the original copy of the license;

(V) other materials required by environmental protection departments 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.

15th certified company name, address, change of the legal representative shall be from the date of registration of changes in the 20th, for permit modification application to the Environmental Protection Department under the State Council, and submit the following materials:

(A) the license request file;

(B) copies of business license and duplicate copies of the modified, or institution legal copies of the original and duplicate copies of the certificate and copy of ID card of the legal representative;

(C) the original copy of the license;

(D) other material required by environmental protection departments under the State Council.

    Environmental Protection Department under the State Council and verification, issue a license.
16th license containing the type, scope and scale of the activities changed, or the license expiration is not renewed, shall be in accordance with these measures provided for in article seventh and Nineth and tenth, re application for a license.

    17th certified unit for some reason lost the license, shall promptly lost notice published in provincial newspapers, period 30th.

    Certified units shall in the notice within one month following the expiration of the notice to the Environmental Protection Department to apply for a replacement license.

18th certified units shall in accordance with the relevant State of radioactive pollution prevention standards and environmental protection departments under the State Council, permit type, scope and scale of radioactive solid waste storage or disposal activities. Forgery, alteration, transfer licenses.

    Without a permit are prohibited to take solid radioactive waste storage or disposal activities.

Section 19th store license holder units shouzhu solid radioactive waste shall complete truthfully record source, quantity, characteristics, storage location, control or to dispose of cleaning solution and other related information.

    Store license holder units before March 31 in each year, environmental protection departments under the State Council submit annual storage activity summary report, including storage, cleaning solutions for control, sent to the disposal, radiation monitoring, and so on. 20th disposal permit holder unit shall complete truthfully record the disposal of solid radioactive waste sources, amount, character, disposition and disposal activities, including location-related information.

Solid radioactive waste disposal records should be stored permanently.

    Disposal licence holder unit shall before March 31 in each year, submitted last year to the Environmental Protection Department under the State Council summary report of disposal activities, including waste reception and disposal facilities, radiation monitoring, and so on.

    The fourth chapter legal liability

Article 21st of solid radioactive waste storage and disposal approval departments and their staff in violation of the regulations, any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary action constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated in accordance with law:

(A) under Storage license issued as provided herein or disposal permit;

(B) the licensing and regulatory process, ask for and accept other people's property, or seeking other interests;

(C) found in violation of these measures and not be investigated and dealt with according to law;

    (D) other acts of favoritism, abuse their powers, neglect their duties.

    22nd licenses without authorization is not made of solid radioactive waste storage and disposal activities, or activities that are not in accordance with licence types, scope, size, duration of solid radioactive waste storage and disposal, in accordance with the regulations on the safety of radioactive waste management article 38th of the provisions.

23rd under any of the following acts, be ordered by the Environmental Protection Department under the State Council rectified within the penalty of between 30,000 yuan, constitute a crime, he transferred to judicial organs for criminal responsibility shall be investigated according to law:

(A) forging, altering, transferring licenses;

    (B) without a permit under these regulations to apply the change.

    Article 24th for violations of other provisions of these measures, in accordance with the People's Republic of China Law of prevention and control of radioactive pollution and the safety of radioactive waste management regulations and other relevant laws and regulations for penalties.

    The fifth chapter by-laws

    25th article of the rules of the storage permit application form tables, storage, disposal permit application licensing and disposal license style file format would be formulated by the competent Department of environmental protection under the State Council and published.

    Article 26th interpret these measures shall be formulated by the competent Department of environmental protection. 27th article this way come into force on March 1, 2014.