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Environmental Pollution By Discarded Dangerous Chemicals Control Measures

Original Language Title: 废弃危险化学品污染环境防治办法

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(August 30, 2005 the State environmental protection administration released 27th come into force on October 1, 2005) first in order to prevent environmental pollution by discarded dangerous chemicals, according to the solid waste pollution prevention law, regulations on the safety management of dangerous chemicals and related laws and regulations, these measures are formulated.
    Article by discarded dangerous chemicals in these measures refers to all to abandon or give up from lack of use of hazardous chemicals, elimination, failure of shoddy, outdated, dangerous chemicals, from the public security, customs, quality inspection, Commerce, industry, agriculture, safety, environmental protection and other authorities confiscated according to law in the administration of dangerous chemicals as well as receiving public hand in dangerous chemicals.
    By discarded dangerous chemicals are hazardous wastes, included in the national hazardous waste list.
    Article these measures apply to People's Republic of China territory by discarded dangerous chemicals production, collection, transportation, storage, use and disposal of environmental pollution control.
    Laboratory of waste reagents, drug prevention and control of pollution of the environment, these measures shall also apply.
    Costumes by discarded dangerous chemicals containers and packing materials contaminated by discarded dangerous chemicals, according to the hazardous waste management.
    Not specified this way, apply the provisions of relevant laws and administrative regulations.
    Article fourth prevention and control of environmental pollution by discarded dangerous chemicals, reduction of discarded dangerous chemicals, safe and rational use of discarded dangerous chemicals and environmentally sound disposal of waste hazardous chemical principles.
    Fifth the State encourages and supports in favour of recycling discarded dangerous chemicals activities of economic and technical policies and measures, recycling discarded dangerous chemicals and safe use.
    The State encourages and supports the centralized disposal of waste hazardous chemicals, promote the industrialization development of discarded dangerous chemicals pollution prevention.
    Sixth environmental protection departments under the State Council to the national efforts to combat environmental pollution by discarded dangerous chemicals shall exercise unified supervision and management.
    Local environmental protection departments at and above the county level for the prevention and control of environmental pollution by discarded dangerous chemicals within the administrative area supervision and administration.
    Article seventh no unit or individual may freely dispose of discarded dangerous chemicals.
    Article eighth of dangerous chemicals producers, importers, sellers and users of waste hazardous chemicals bear the responsibility of pollution prevention.
    Producers of hazardous chemicals should be reasonable arrangements for production projects and scale, abide by relevant State industrial policies and environmental policy to minimize waste production of hazardous chemicals.
    Hazardous chemicals producer responsibility on their own or entrust the appropriate type and scale of operation of a hazardous waste operating permit unit, waste recovery, utilization and disposal of hazardous chemicals.
    Importers of hazardous chemicals, commissioned by the seller, the consumer is responsible for the corresponding type and scale of operation of a hazardous waste operating permit unit, waste recovery, utilization and disposal of hazardous chemicals.
    Hazardous chemicals producer, importer, seller is responsible to consumers and the public with waste hazardous chemical recycling, use, disposal and recycling, use and disposition of information.
    Nineth discarded dangerous chemicals unit, shall establish a hazardous chemical waste management system, developed by discarded dangerous chemicals management plan which shall be submitted to the Environmental Protection Department for the record established by discarded dangerous chemicals registration files of information.
    Produced by discarded dangerous chemicals units shall declare to the local environmental protection departments at and above the County abandoned hazardous chemicals category, name, ingredients or composition, characteristics, output, flow, storage, use, disposal, technical specifications and other information on chemical safety.
    Great changes have taken place in the preceding paragraph shall promptly make changes to declare.
    Tenth provincial environmental protection Department should be set up by discarded dangerous chemicals information exchange platform, promotion of waste recycling and the safe use of hazardous chemicals.
    Article 11th collection, storage, use, disposal of waste hazardous chemicals business unit shall, in accordance with relevant regulations apply to the provincial environmental protection departments at or above the State hazardous waste operating permit.
    Dangerous chemicals production units recycling using, and disposal and its products same of abandoned dangerous chemicals of, should to location provincial above environmental protection sector apply for dangerous waste business license, and provides meet following conditions of proved material: (a) has corresponding of production capacity and perfect of management system; (ii) has recycling using, and disposal the species dangerous chemicals of facilities, and technology and process; (three) has national or place environmental protection standard and security requirements of supporting pollution control facilities and accident emergency rescue measures.
    Banning hazardous waste operating permit or not discarded dangerous chemicals in accordance with license for collection, storage, use, disposal operations.
    12th recycling, using discarded dangerous chemicals unit, must ensure that the recovery and utilization of waste hazardous chemical facilities, equipment and comply with the requirements of national laws and regulations relating to environmental protection and standards, to prevent secondary pollution; cannot use discarded dangerous chemicals, should be carried out in accordance with the relevant provisions of the State harmless disposal or bear the costs of disposal.
    13th by discarded dangerous chemicals Unit commissioned a hazardous waste operating permit for collection, storage, use, disposal of waste hazardous chemicals, discarded dangerous chemicals should be provided to the name, number, composition or composition, characteristics, technical specifications and other technical information on chemical safety.
    Receiving unit received by discarded dangerous chemicals should be verified without verification shall not dispose; verified conformity, varieties shall be determined, components, characteristics of disposal.
    Prohibition of discarded dangerous chemicals or entrust hazardous waste operating permit-free units engaged in the collection, storage, use, disposal and other business activities.
    14th article dangerous chemicals of production, and store, and using units production, and discontinued, and closed or dissolved of, should according to dangerous chemicals Security Management Ordinance about provides on dangerous chemicals of production or store equipment, and inventory products and the production raw materials for properly disposal, and according to national about environmental protection standard and specification, on factory of soil and groundwater for detection, prepared environment risk assessment report, reported County above environmental protection sector record. Pollution of the ground, environmental rehabilitation programmes should be reported to the environmental protection departments at and above the county level agreed, within the time limit prescribed by the Environmental Protection Department on environmental restoration of contaminated sites.
    Upon completion of the environmental restoration of contaminated sites shall entrust environmental testing organizations to test the site after recovery and detection reports environmental protection departments above the county level.
    15th of waste containers and packaging of hazardous chemicals and the collection, storage, transportation and disposal of waste facilities and sites for hazardous chemicals, hazardous waste identification marks must be set.
    Article 16th transfers by discarded dangerous chemicals shall, in accordance with State regulations, completing the transfer of hazardous waste manifest; cross-district transfer of city-level administrative areas, and should be reported by law move out of the districts of the city-level environmental protection Department for approval before the transfer.
    17th public security, customs, quality inspection, Commerce, industry, agriculture, safety, and environmental protection departments in the administration according to law collected or received by discarded dangerous chemicals, shall entrust the appropriate type and scale of operation of a hazardous waste operating permit for recycling, use and disposal.
    Discarded dangerous chemicals have a clear responsibility for collection, disposal costs borne by the responsible person, the collected administrative departments are responsible for the recovery; no clear responsibility for collection of waste hazardous chemicals or responsible person is unable to bear the costs of disposal, and receive the public submitted by discarded dangerous chemicals, the collection Administration Department is responsible for applying to the financial costs.
    18th generation, collection, storage, transportation, use, disposal of waste hazardous chemicals unit, the main person in charge must ensure that the waste management of hazardous chemicals in compliance with the relevant laws, regulations, rules and requirements of the national standard, and responsible for the discarded dangerous chemicals of environmental safety.
    Discarded dangerous chemicals in the collection, storage, transportation, use and disposal of persons must receive relevant environmental laws and regulations, professional technology and emergency rescue training, before engaging in this work.
    19th generation, collection, storage, transport, use, disposal of waste hazardous chemical units, should be developed by discarded dangerous chemicals environmental emergencies contingency plan environmental protection departments above the county level, built or equipped with emergency facilities and equipment necessary, and regular exercise.
    When an accident occurs by discarded dangerous chemicals, accidents unit should take immediate measures to eliminate or reduce pollution of the environment to inform units and residents who might be endangered by pollution, and in accordance with the provisions of the relevant national accident reporting procedures, report to the local environmental protection departments and relevant departments at and above the county level, for investigation and settlement. 20th environmental protection departments at and above the county level shall have the right to their respective administrative areas within the production, collection, storage, transport, use, disposal of waste hazardous chemical entities conducting supervision and inspection, and found to be in violation of these regulations, shall order the rectification.
    Inspection and processing of the results shall be recorded and signed by inspectors after archiving.
    The units under inspection shall be subject to inspection authorities shall implement supervision and inspection, reflect the situation, provide the necessary information, and may not refuse or obstruct.
    21st environmental protection departments at and above the county level shall contravene this regulation, does not perform its functions of supervision, by the local government or Department of environmental protection at a higher level in accordance with the law on prevention and control of environmental pollution by solid wastes article 67th, correction, the persons in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 22nd article violates these rules, any of the following acts, environmental protection departments at and above the county level in accordance with the law on prevention and control of environmental pollution by solid wastes 75th shall be punished as follows: (a) wantonly discarded dangerous chemicals, (ii) not required registration by discarded dangerous chemicals, or at the time of registration fraud;

    (Three) will abandoned dangerous chemicals provides or delegate to no dangerous waste business license of units engaged in collection, and storage, and using, and disposal business activities of; (four) not according to national about provides fill in dangerous waste transfer joint single or without approved unauthorized transfer abandoned dangerous chemicals of; (five) not set dangerous waste recognition logo of; (six) not developed abandoned dangerous chemicals burst environment event emergency plans of.
    23rd violates these rules, do not dispose of their waste or not to bear the costs of disposal of hazardous chemicals, environmental protection departments at and above the county level in accordance with the law on prevention and control of environmental pollution by solid wastes article 76th will be punished.
    24th article violates these rules, no hazardous waste operating permit or not according to the operating permit for hazardous waste discarded dangerous chemicals collection, storage, use and disposal operations, environmental protection departments at and above the county level in accordance with the law on prevention and control of environmental pollution by solid waste section 77th punishes.
    25th article dangerous chemicals of production, and store, and using units in production, and discontinued, and closed or dissolved Shi, violation this approach provides, has following behavior one of of, by County above environmental protection sector ordered deadline corrected, sentenced 10,000 yuan above 30,000 yuan following fine: (a) not according to national about environmental protection standard and specification on factory of soil and groundwater for detection of; (ii) not prepared environment risk assessment report and reported County above environmental protection sector record of;
    (C) environmental rehabilitation programmes are not reported to the environmental protection departments above the county level for environmental recovery, and (iv) is not detected after you restore the environment environmental protection departments at and above the county level report for the record.
    26th article violates these rules, serious environmental pollution caused by discarded dangerous chemicals, environmental protection departments at and above the county level in accordance with the law on prevention and control of environmental pollution by solid wastes 81st decision time limit under article, fails to complete the task of governance, determined by the people's Governments at the corresponding level of business or shut down.
    Environmental pollution accidents, according to the law on prevention and control of environmental pollution by solid waste section 82nd penalty shall be imposed constitutes a crime, criminal responsibility shall be investigated according to law.
    27th article violates these rules, refused, obstructed on-site inspections in the environmental protection sector, by implementation of the on-site inspection department be ordered to rectify; refused to correct or check fraud, environmental protection departments at and above the county level in accordance with the law on prevention and control of environmental pollution by solid wastes 70th shall be punished.
    28th party fails to carry out administrative punishment decision, administrative punishment decision of the Environmental Protection Department can take the following measures: (a) the expiration does not pay the fine, 3% Add a fine in amount of the daily penalty, (ii) apply to the people's Court for compulsory execution.
                                                                                                                                29th these measures shall come into force on October 1, 2005.