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Medical Waste Management Administrative Penalties

Original Language Title: 医疗废物管理行政处罚办法

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(On May 27, 2004 Ministry of health, and national environmental protection General makes 21st, released since on June 1, 2004 up purposes) first article according to People's Republic of China infectious diseases control method, and People's Republic of China solid waste pollution environment control method and medical waste management Ordinance (following referred to Ordinance), County above government health administrative competent sector and environmental protection administrative competent sector according to their duties, on violation medical waste management provides of behavior implementation of administrative punishment,
    These measures shall apply.
    Second article medical health institutions has Ordinance 45th article provides of following case one of of, by County above place Government health administrative competent sector ordered deadline corrected, give warning; late not corrected of, at 2000 Yuan above 5000 Yuan following of fine: (a) not established, and sound medical waste management system, or not set monitoring sector or designed (and) vocational personnel of; (ii) not on about personnel for related legal and professional technology, and security protection and emergency processing, knowledge training of;
    (Three) not on medical waste for registration or not save registration information of; (four) on using Hou of medical waste transport tool or transport vehicles not in specified locations timely for disinfection and clean of; (five) in accordance with Ordinance itself built has medical waste disposal facilities of medical health institutions not regularly on medical waste disposal facilities of pollution control and health learn effect for detection, and evaluation, or not will detection, and evaluation effect archive, and report of. Third article medical waste concentrated disposal units has Ordinance 45th article provides of following case one of of, by County above place government environmental protection administrative competent sector ordered deadline corrected, give warning; late not corrected of, at 2000 Yuan above 5000 Yuan following of fine: (a) not established, and sound medical waste management system, or not set monitoring sector or designed (and) vocational personnel of; (ii) not on about personnel for related legal and professional technology, and
    Security protection and emergency processing, knowledge training of; (three) not on medical waste for registration or not save registration information of; (four) on using Hou of medical waste transport vehicles not in specified locations timely for disinfection and clean of; (five) not timely collection, and transport medical waste of; (six) not regularly on medical waste disposal facilities of pollution control and health learn effect for detection, and evaluation, or not will detection, and evaluation effect archive, and report of.
    Fourth article medical health institutions, and medical waste concentrated disposal units has Ordinance 45th article provides of case, not on engaged in medical waste collection, and transport, and storage, and disposal, work of personnel and management personnel take career health protection measures of, by County above place Government health administrative competent sector ordered deadline corrected, give warning; late not corrected of, at 2000 Yuan above 5000 Yuan following of fine.
    Fifth article medical health institutions has Ordinance 46th article provides of following case one of of, by County above place Government health administrative competent sector ordered deadline corrected, give warning, can and at 5000 Yuan following of fine, late not corrected of, at 5000 Yuan above 30,000 yuan following of fine: (a) storage facilities or equipment not meet environmental protection, and health requirements of; (ii) not will medical waste according to category points placed dedicated packaging real or container of;
    (C) is not used in accordance with the standard conveyance transporting medical waste or transport the waste conveyance transporting other goods.
    Sixth article medical waste concentrated disposal units has Ordinance 46th article provides of following case one of of, by County above place government environmental protection administrative competent sector ordered deadline corrected, give warning, can and at 5000 Yuan following of fine, late not corrected of, at 5000 Yuan above 30,000 yuan following of fine: (a) storage facilities or equipment not meet environmental protection, and health requirements of; (ii) not will medical waste according to category points placed dedicated packaging real or container of;
    (Iii) not using a standards-compliant special vehicles transport the waste or transporting medical waste transporting other goods; (iv) pollution online monitor is not installed devices or monitoring device is not often run in the normal state. Seventh article medical health institutions has Ordinance 47th article provides of following case one of of, by County above place Government health administrative competent sector ordered deadline corrected, give warning, and at 5000 Yuan above 10,000 yuan following of fine; late not corrected of, at 10,000 yuan above 30,000 yuan following of fine: (a) in medical health institutions within transport process in the discarded medical waste, in non-storage locations dumping, and stacked medical waste or will medical waste mix other waste and life garbage of; (ii) not according to
    Ordinance on waste water, infectious disease patients or suspected patients of infectious diseases, waste, carried out rigorous disinfection, or has failed to meet the national emission standards, into the sewage treatment system at medical and health institutions, (iii) the infectious disease patients or suspected patients of infectious diseases treated from garbage, not according to the management and disposal of medical wastes.
    Medical health institutions in medical health institutions outside transport process in the discarded medical waste, in non-storage locations dumping, and stacked medical waste or will medical waste mix other waste and life garbage of, by County above place government environmental protection administrative competent sector ordered deadline corrected, give warning, and at 5000 Yuan above 10,000 yuan following of fine; late not corrected of, at 10,000 yuan above 30,000 yuan following of fine.
    Eighth article medical waste concentrated disposal units has Ordinance 47th article provides of case, in transport process in the discarded medical waste, in non-storage locations dumping, and stacked medical waste or will medical waste mix other waste and life garbage of, by County above place government environmental protection administrative competent sector ordered deadline corrected, give warning, and at 5000 Yuan above 10,000 yuan following of fine; late not corrected of, at 10,000 yuan above 30,000 yuan following of fine.
    Nineth article medical waste concentrated disposal units and in accordance with Ordinance itself built has medical waste disposal facilities of medical health institutions, has Ordinance 47th article provides of case, on medical waste of disposal not meet national provides of environmental protection, and health standard, and specification of, by County above place government environmental protection administrative competent sector ordered deadline corrected, give warning, and at 5000 Yuan above 10,000 yuan following of fine; late not corrected of, at 10,000 yuan above 30,000 yuan following of fine.
    Tenth Article medical health institutions, and medical waste concentrated disposal units has Ordinance 47th article provides of following case one of of, by County above government environmental protection administrative competent sector ordered corrected, give warning, and at 5000 Yuan above 10,000 yuan following of fine; late not corrected of, at 10,000 yuan above 30,000 yuan following of fine; on medical health institutions implementation punishment of, County above government environmental protection administrative competent sector should will punishment decided notification sibling Government health administrative competent sector:
    (A) does not carry out transfer of hazardous waste management system and (ii) medical waste to the failure to obtain a business license for personal collection, transportation, storage, or disposal.
    11th the 49th article of the regulations, health agencies when there is a loss, leakage, diffusion of medical waste, emergency measures have been taken, or failed to report to the Administrative Department of public health, the health administrative departments under local people's Governments at or above the county level shall order rectification, give a warning, and a fine of less than 10,000 yuan and 30,000 yuan.
    Medical waste medical waste disposal unit loss, leakage, diffusion, emergency measures have been taken, or failed to report to the Administrative Department of environmental protection, local environmental protection Administrative Department of the people's Government at or above the county level shall be ordered to correct and give a warning, and a fine of less than 10,000 yuan and 30,000 yuan.
    12th article has Ordinance 50th article provides of case, medical health institutions, and medical waste concentrated disposal units hinder health administrative competent sector law enforcement personnel implementation positions, refused to law enforcement personnel into site, or not tie law enforcement sector of check, and monitoring, and survey forensics of, by County above place Government health administrative competent sector ordered corrected, give warning; refused to corrected of, by original sent card of health administrative competent sector temporarily buckle or revoked medical health institutions of practice industry license pieces.
    Medical health institutions, and medical waste concentrated disposal units hinder environmental protection administrative competent sector law enforcement personnel implementation positions, refused to law enforcement personnel into site, or not tie law enforcement sector of check, and monitoring, and survey forensics of, by County above place government environmental protection administrative competent sector ordered deadline corrected, and at 10,000 yuan following of fine; refused to corrected of, by original sent card of environmental protection administrative competent sector temporarily buckle or revoked medical waste concentrated disposal units business license pieces. 13th article has Ordinance 51st article provides of case, not has concentrated disposal medical waste conditions of rural, medical health institutions not according to health administrative competent sector about disease control of requirements disposal medical waste of, by County Government health administrative competent sector ordered deadline corrected, give warning; late not corrected of, at 1000 Yuan above 5000 Yuan following of fine; not according to environmental protection administrative competent sector about pollution control of requirements disposal medical waste of,
    People's Governments at the county level administrative Department of environmental protection a rectification and give a warning; it fails, between 5000 and 1000 Yuan Yuan fine.
    52nd of the 14th article of the Ordinance provides that, without business licenses of medical waste collection, transportation, storage, disposal activities, local environmental protection Administrative Department of the people's Government at or above the county level shall be ordered to desist from the illegal act, confiscate the illegal income, and may be fined not more than the illegal income 1 time. 15th article has Ordinance 47th article, and 48th article, and 49th article, and 51st article provides of case, medical health institutions caused infectious diseases spread of, by County above place Government health administrative competent sector law punishment, and by original sent card of health administrative competent sector temporarily buckle or revoked practice industry license pieces; caused pollution accident of, by County above place government environmental protection administrative competent sector in accordance with People's Republic of China solid waste pollution environment control method about provides be punishment,
    And health administrative departments under the original certificate of suspension or revocation of license to practice.
    Medical waste concentrated disposal units caused infectious diseases spread of, by County above place Government health administrative competent sector law punishment, and by original sent card of environmental protection administrative competent sector temporarily buckle or revoked business license pieces; caused pollution accident of, by County above place government environmental protection administrative competent sector in accordance with People's Republic of China solid waste pollution environment control method about provides be punishment, and by original sent card of environmental protection administrative competent sector temporarily buckle or revoked business license pieces. 16th article has Ordinance 53rd article provides of case, transfer, and sale medical waste, mailing or through railway, and air transport medical waste, or violation Ordinance provides through waterway transport medical waste of, by County above place government environmental protection administrative competent sector ordered transfer, and buyers and sellers, and mailing people, and checked people immediately stop violations, give warning, confiscated illegal proceeds; illegal proceeds 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine
    ; No illegal income or the illegal income is less than 5000 Yuan, and to a fine of up to 5000 Yuan and 20,000 yuan.
    Known shipper violations of the provisions of the regulations of the carrier transporting medical waste, will be transported, or if he will be carrying medical waste and passengers in the same tool, in accordance with the provisions of the preceding paragraph shall be punished.
                                                            17th these measures shall come into force on June 1, 2004.