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Administrative Measures For The Prevention And Control Of Environmental Pollution By Electronic Waste

Original Language Title: 电子废物污染环境防治管理办法

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(September 27, 2007, State environmental protection administration announced as of February 1, 2008, 40th) Chapter I General provisions article in order to combat environmental pollution by electronic waste, strengthening the environmental management of e-waste, in accordance with the law on prevention and control of environmental pollution by solid waste, these measures are formulated.
    Second approach applies to People's Republic of China territory apart, using, dealing with prevention and control of environmental pollution by electronic waste.
    , Storage, prevention and control of environmental pollution by electronic waste generated, these measures are also applicable; otherwise stipulated by relevant laws and administrative regulations, from its provisions.
    Electronic hazardous waste activities related to prevention and control of environmental pollution, for the prevention and control of environmental pollution by solid waste Act provisions relating to hazardous waste management.
    Article the State environmental protection administration to supervise and administer the national prevention and control of environmental pollution by electronic waste.
    Local environmental protection Administrative Department of the people's Government at or above the county level shall exercise supervision within the administrative area of prevention and control of environmental pollution by electronic waste management.
    Article fourth all units and individuals have the obligation to protect the environment, and to the cause of environmental pollution by electronic waste unit and individual complaints and accusations.
    Chapter II supervision and management of disassembling dispose of fifth building, rebuilding, expansion project of dismantling, utilization and disposal of electronic waste, the construction unit (including individual businesses) should be based on the relevant provisions of the State, to the local district administrative departments of local people's Governments above city level environmental protection approved environmental impact statement or environmental impact report form (hereinafter referred to as environmental impact assessment document).
    Qian paragraph provides of environment effect evaluation file, should including following content: (a) construction project profile; (ii) construction project whether into place electronic waste split solutions using disposal facilities construction planning; (three) select of technology and process route whether meet national industry policy and electronic waste split solutions using disposal environmental protection technology specification and management requirements, whether and by split solutions using disposal of electronic waste category phase adapted; (four) construction project on environment may caused effect of analysis and forecast;
    (E) environmental protection measures and economic and technological demonstration (vi) on the construction project environmental monitoring programme and (VII) of this item cannot be completely disassemble, use or disposal of electronic waste and other solid waste or the use or disposal of liquid waste program; (h) environmental impact assessment conclusions.
    Sixth after the completion of construction projects, the construction unit (including individual businesses) shall be to the approval of the construction project environmental impact assessment environmental protection Administrative Department of the application acceptance of the construction project environmental protection measures need to be taken. Qian paragraph provides of environmental protection measures acceptance, should including following content: (a) supporting construction of environmental protection facilities whether completed; (ii) whether equipped with has related professional qualification of technicians, established management personnel and operation personnel training system and plans; (three) whether established electronic waste business situation record book system; (four) whether established daily environment monitoring system; (five) whether implementation cannot completely split solutions, and
    Use or disposal of electronic waste and other solid waste or the use or disposal of liquid waste program; (vi) has a commensurate with processing electronic waste classification, packaging, vehicles, and other collection devices; (VII) establish prevention due to fire, explosion, chemical spills and other emergency mechanism for sudden environmental pollution event is raised.
    Seventh article is responsible for approval environment effect evaluation file of County above government environmental protection administrative competent sector should timely will has following conditions of units (including individual industrial and commercial households), included electronic waste split solutions using disposal units (including individual industrial and commercial households) temporary directory, and be announced: (a) has law handle business registration procedures, made license; (ii) construction project of environmental protection measures by environmental protection administrative competent sector acceptance qualified. Is responsible for approval environment effect evaluation file of County above government environmental protection administrative competent sector, on near three years within no two times above (containing two times) violation environmental protection legal, and regulations and no this approach provides of following violations of included temporary directory of units (including individual industrial and commercial households), included electronic waste split solutions using disposal units (including individual industrial and commercial households) directory, be announced and regularly adjustment: (a) over national or place provides of pollutants emissions standard emissions pollutants of; (ii) free dumping, and
    Stacking of solid or liquid wastes generated by (iii) will not completely disassemble, use or disposal of electronic wastes provided or entrusted to the inclusion list and dismantling with the appropriate scope of using disposal units (including individual businesses) to other units or individuals engaged in dismantling, utilization and treatment activities; (iv) environmental monitoring, business record falsification of data.
    Twice in the last three years or more (twice) violations of environmental protection laws and regulations and these rules violations recorded in the second paragraph of this article, its legal representative or individual business operators new dismantling, utilization and disposal of electronic waste management enterprises or self-employed, shall be included in the list.
    Directory (including the provisional list) shall set forth the unit (including individual businesses) name, legal representative or individual operators, residence and business scope.
    Against any individual and is not included in the list (including the provisional list) flats (including individual businesses) are engaged in dismantling activities, utilization and disposal of electronic waste.
    Dismantling used eighth e-waste disposal area shall be subject to strict planning, in line with the requirements of the relevant technical specifications established by the State environmental protection administration.
    Nineth units engaged in dismantling, utilization and disposal of electronic waste (including individual businesses) should be in accordance with the requirements of environmental protection acceptance routine periodic monitoring of pollutant emissions.
    Engaged in split solutions, and using, and disposal electronic waste activities of units (including individual industrial and commercial households) should according to electronic waste business situation record book system of provides, truthfully records each batch electronic waste of source, and type, and weight or number, and collection (received), and split solutions, and using, and storage, and disposal of time; transport who of name and address; not completely split solutions, and using or disposal of electronic waste and solid waste or liquid waste of type, and weight or number and the went,.
    Monitoring reports and the operation of the record book shall be kept for three years.
    Article tenth units engaged in dismantling, utilization and disposal of electronic waste (including individual businesses), shall, in accordance with the acceptance of the training systems and training plans.
    11th disassemble, use and disposal of electronic wastes, shall comply with the State administration of environmental protection on electronic wastes pollution control standards, technical specifications and technology policy requirements.
    Prohibition of the use of outdated technology, processes and equipment dismantling, utilization and disposal of electronic waste.
    Banning open burning of electronic waste.
    Prohibiting the use of simple reverberatory furnace cupola, and other equipment and simple acid leaching technology of utilization and disposal of electronic waste.
    Prohibits direct landfill disposal of electronic waste. Dismantling, utilization and disposal of electronic waste should be carried out in a specialized workplace. Workplace shall take measures of leakage of rain-proof, anti-ground and the facilities collect leaking liquid.
    Dismantling of electronic waste, should be first of all lead-acid batteries, nickel-cadmium batteries, mercury switches, cathode ray tubes, polychlorinated biphenyl capacitors, cooling agent removal and separate collection, storage, use, disposal. Storage of electronic wastes, should be taken to prevent breaking or other causes of leakage of hazardous substances in electronic waste measures. Broken cathode-ray tubes should be stored in a covered container.
    E-waste storage period shall not exceed one year.
    12th environmental protection Administrative Department of the people's Governments above the county level shall have the right to require dismantling units, use and disposal of electronic waste report on electronic waste management activities on a regular basis. Environmental protection Administrative Department of the people's Governments above the county level shall adopt written verification and inspections to conduct supervision and inspection, and will oversee the inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive.
    Supervision and monitoring of not less than once a year.
    Environmental protection Administrative Department of the people's Governments above the county level are found do not meet environmental protection measures when the acceptance conditions, a minor may order rectification through timely rectification does not cause harmful consequences can no punishment.
    13th article this approach purposes Qian has engaged in split solutions, and using, and disposal electronic waste activities of units (including individual industrial and commercial households), has following conditions of, can since this approach purposes of day up 120 days, according to this approach of provides, to location set district of city level above place government environmental protection administrative competent sector application approved included temporary directory, and provides following related proved file: (a) has law handle business registration procedures, made license;
    (B) the environmental protection facilities have been and acceptance by the Administrative Department of environmental protection and (iii) meets or after reform meet the acceptance conditions for environmental protection measures as provided herein, can achieve the dismantling of e-waste disposal technical specifications for environmental protection and management requirements; (d) pollutant emissions and solid or liquid wastes generated by use or disposal in accordance with the requirements of environmental protection facilities when it is completed.
    District administrative departments of local people's Governments above city level environmental protection shall, within 20 working days from the date of acceptance of the application, to review the evidence submitted by the applicant, and on-site verification of applicant's business facilities, qualified, was included in the provisional list, and announce it; do not meet the conditions, and notify the applicant in writing and state the reasons.
    Was included in the provisional list of operating over a period of three years, and in accordance with the conditions referred to in paragraph II of this article seventh, inclusion in the directory. Chapter III related party liability article 14th electrical and electronic products, producers of electrical and electronic equipment should be based on relevant laws, administrative regulations or rules and regulations, restrictions or elimination of toxic or harmful substances in products or equipment used.

    Electronic electrical products, and electronic electrical equipment of producers, and imports who and sellers, should according to national about provides public products or equipment by containing lead, and mercury, and CD, and six price chrome, and more bromide joint benzene (PBB), and more bromide two benzene ether (PBDE), toxic harmful material, and improper using or disposal may on environment and human health effect of information, products or equipment abandoned Hou to environment harmless of way using or disposal of method tips.
    Electrical and electronic products, electrical and electronic equipment producers, importers and sellers shall be established according to the relevant regulations of the State system, recycled waste products or equipment, and is responsible for the storage, use or disposal in a environmentally sound manner. 15th article has following case one of of, should will electronic waste provides or delegate to included directory (including temporary directory) of has corresponding business range of split solutions using disposal units (including individual industrial and commercial households) for split solutions, and using or disposal: (a) produced industrial electronic waste of units, not itself to environment harmless of way split solutions, and using or disposal of; (ii) electronic electrical products, and electronic electrical equipment producers, and sellers, and imports who, and using who, and refurbished or maintenance who, and again manufacturing who,
    Waste electronic and electrical products and electrical and electronic equipment; (c) dismantling of using disposal units (including individual businesses) and cannot be completely disassemble, use or disposal of electronic waste and (iv) relevant competent administrative departments administrative activities, lawfully collected illegal production or imports of electronic products, electrical and electronic equipment need to disassemble, or dispose of.
    16th industrial waste unit, shall record the types of industrial waste, weight or quantity, on their own or entrust a third party storage, dismantling, use, disposal and other; and to the local people's Governments at and above the county environmental protection administrative authorities with electronic waste types, output, flow, disassemble, use, storage, disposal and other relevant information.
    Records shall be kept for three years.
    Article 17th machine transfer including lead-acid batteries, nickel-cadmium batteries, mercury switches, cathode ray tubes and PCB capacitors waste electrical and electronic products or electronic hazardous waste electrical and electronic equipment, application of the law on prevention and control of environmental pollution by solid waste provisions of 23rd.
    Transfer should be taken to prevent waste electrical and electronic products or measures for broken electrical and electronic equipment.
    Fourth chapter penalty provisions article 18th environmental protection Administrative Department of the people's Governments above the county level in violation of the rules, does not perform its functions of supervision, by the people's Governments at the same level or higher administrative Department of environmental protection according to law shall be ordered to correct; the persons in charge and other direct liable persons, according to the relevant provisions of the State administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    19th article violation this approach provides, refused to site check of, by County above government environmental protection administrative competent sector according to solid waste pollution environment control method ordered deadline corrected; refused to corrected or in check Shi fraud of, at 2000 Yuan above 20,000 yuan following of fine; plot serious, but is frame not criminal punishment of, and by police organ according to security management punishment method at 5th above 10th following detention; constitute crime of, law held criminal. 20th article violation this approach provides, any personal or not included directory (including temporary directory) of units (including individual industrial and commercial households) engaged in split solutions, and using, and disposal electronic waste activities of, according to following provides be punishment: (a) not get environmental protection measures acceptance qualified of, by approval the construction project environment effect evaluation file of government environmental protection administrative competent sector according to construction project environmental protection Management Ordinance ordered stop split solutions, and using, and disposal electronic waste activities,
    May be fined a maximum of 100,000 yuan (ii) without a business license, by the Administrative Department for industry and Commerce according to the unlicensed investigation banned methods shall be banned, confiscated exclusively used for operating without a license, tools, products, equipment, raw materials and other property, and fines of between 50,000 yuan and 500,000 yuan. 21st article violation this approach provides, has following behavior one of of, by location County above government environmental protection administrative competent sector ordered deadline rectification, and at 30,000 yuan following fine: (a) will not completely split solutions, and using or disposal of electronic waste provides or delegate to included directory (including temporary directory) and has corresponding business range of split solutions using disposal units (including individual industrial and commercial households) yiwai of units or personal engaged in split solutions, and using, and disposal activities of; (ii) split solutions, and
    Using and disposal electronic waste not meet about electronic waste pollution control of related standard, and technology specification and technology policy of requirements, or violation this approach provides of ban sex technology, and process, and equipment requirements of; (three) storage, and split solutions, and using, and disposal electronic waste of job places not meet requirements of; (four) not by provides records business situation, and daily environment monitoring data, and by produced industrial electronic waste of about situation,, or environment monitoring data, and business situation records fraud of;
    (E) is not the system of training and training plan; (vi) the storage of electronic waste for more than a year. 22nd article included directory (including temporary directory) of units (including individual industrial and commercial households) violation solid waste pollution environment control method, about legal, and administrative regulations provides, has following behavior one of of, according to about legal, and administrative regulations be punishment: (a) unauthorized close, and idle or demolition pollution control facilities, and places of; (ii) not take harmless of disposal measures, free dumping, and stacked by produced of solid waste or liquid waste of; (three) caused solid waste or liquid waste Yang bulk, and loss, and
    Leakage or other environmental violations, such as environmental pollution and (iv) abnormal use of pollution control facilities.
    Preceding paragraph and first, second and third acts, in accordance with the law on prevention and control of environmental pollution by solid wastes article 68th, fined 10,000 yuan and 100,000 yuan fines; fourth in the preceding paragraph, according to the water pollution prevention law, and the provisions of the air pollution control law will be punished. 23rd article included directory (including temporary directory) of units (including individual industrial and commercial households) violation solid waste pollution environment control method, about legal, and administrative regulations provides, has caused solid waste or liquid waste serious pollution environment of following case one of of, by location County above government environmental protection administrative competent sector according to solid waste pollution environment control method and State on implementation science development views strengthening environmental protection of decided of provides, ordered limited its in three months within for governance,
    Limiting limited row, and shall not construction increased pollutants emissions total of project; late not completed governance task of, ordered its in three months within discontinued regulation; late still not completed governance task of, reported by this level Government approved close: (a) against life drinking water water of; (ii) caused groundwater or soil heavy metal pollution of; (three) for dangerous waste Yang bulk, and loss, and leakage caused pollution of; (four) caused environment function lost cannot recovery environment undisturbed of;
    (E) other solid or liquid wastes seriously pollute the environment.
    24th environmental protection Administrative Department of the people's Governments above the county level are found in violation of these regulations, according to relevant laws and regulations and these regulations should be industrial and commercial administrative departments or public security organs to exercise the power of administrative penalty shall be promptly forwarded to the competent authority shall be punished according to law. Fifth chapter supplementary articles article 25th in this way the meaning of the following terms: (a) electronic waste refers to waste of electrical and electronic products, electrical and electronic equipment (hereinafter referred to as products or equipment) and its discarded parts, components and the inclusion of relevant departments under the State environmental protection administration, in conjunction with electronic waste management article, substance.
    Activities include industrial production scrap arising in semi-finished products or equipment, scrap and waste, products or equipment repair, refurbishing, remanufacturing process scrap arising, or provide services for daily life activities of daily life in the waste products or equipment, as well as laws and regulations prohibit the production or import of products or equipment.
    (B) industrial waste, refers to the electronic waste generated by industrial activities, including repair, refurbishing and remanufacturing industrial units units and scrapping the use of disposal of electronic waste (including individual businesses), in e-waste generated in the production and related activities. (C) electronic and hazardous waste, is included in the national hazardous waste list or according to the regulations of the State's hazardous waste identification standards identification method and found to have hazardous properties of electronic waste.
    Include lead-acid batteries, nickel-cadmium batteries and mercury-containing switches, cathode ray tubes and polychlorinated biphenyl capacitors, and other products or equipment.
    (D) the dismantling, refers to the use, storage or disposal for the purpose of electronic waste through manual or mechanical removal, dissolution of activities; not including products or equipment repair, renovation, and demolition activities in the manufacturing process.
    (E) use, refers to the extraction of material from electronic waste as a raw material or fuel activity, not including products or equipment repair, refurbish and Remanufacture.
                                                                                              26th article of the rules take effect on February 1, 2008.