Ningxia Hui Autonomous Region, Hazardous Waste Management

Original Language Title: 宁夏回族自治区危险废物管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351866.shtml

Ningxia Hui autonomous region, hazardous waste management

    (February 27, 2011 Executive meeting of the people's Government of Ningxia Hui autonomous region, the 89th through February 28, 2011, Ningxia Hui autonomous region people's Government promulgated as of April 1, 2011, 32nd) Chapter I General provisions

    First in order to combat environmental pollution by hazardous wastes, protection of human health, maintenance of environmental security, in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid waste (hereinafter referred to as the law on prevention and control of environmental pollution by solid waste) and other laws and administrative regulations, these measures are formulated.

    Of hazardous wastes referred to in article, refers to the inclusion of the national hazardous waste list or according to the regulations of the State's hazardous waste criteria and methods identified with the hazardous characteristics of wastes, including industrial hazardous waste, medical and other social sources of hazardous waste hazardous waste.

    Article autonomous region within the administrative area of hazardous waste generation, collection, storage, treatment, supervision and management of activities, these measures shall apply.

Article fourth principles of classification management of hazardous waste, disposal, dangerous waste reduction, resource recovery and detoxification.

    From family daily life garbage in the classification collection of waste drug and packaging real, and waste pesticides and disinfectant and packaging real, and waste paint and solvent and packaging real, and waste mineral oil and packaging real, and waste film and the waste like paper, and waste fluorescent tube, and waste thermometer, and waste sphygmomanometer, and waste nickel CD battery and mercuric oxide battery and electronic class dangerous waste, its transport, and storage, and using or disposal, should according to dangerous waste for management.

Fifth environmental protection authorities are responsible for supervision and management of dangerous waste disposal, solid hazardous waste management agency-specific implementation of its hazardous waste management.

    Development and reform, housing and urban-rural development, transport, health, public security and other departments, supervision and management of hazardous wastes within the area of responsibility.

Sixth environment protection authorities should publicly the types of hazardous waste, the name, strengthen the management of hazardous wastes and harmless treatment of knowledge and education.

    Media shall cooperate with the competent Department of environmental protection to do safe disposal of hazardous waste awareness and education.

    Chapter II hazardous waste unit responsibilities

Article seventh hazardous waste unit shall, from the date of hazardous waste generated in the 30th to the local counties (cities, districts) the Environmental Protection Department declared hazardous waste production, and to submit a hazardous waste management plan.

    Declaration provided for in the preceding paragraph or any substantial change in hazardous waste management plans, hazardous waste generating units should be changed within the 15th day before the new declaration.

Article eighth County (municipal and district) the environmental protection department upon receipt of declarations of hazardous waste generating units, according to the following step by step to submit for the record:

(A) generation of hazardous waste years in more than 20 tons of less than 50 tons, submission to district municipal environmental protection authorities;

    (B) the year production of more than 50 tons of hazardous waste, submitted to the State Department of environmental protection.

    Nineth produces hazardous waste project, the construction unit shall, according to requirements of environmental impact assessment, hazardous waste disposal facilities under construction, to deal with hazardous waste in accordance with requirements of environmental impact assessment is not required the construction of hazardous waste disposal facilities shall entrust a qualified hazardous waste disposal units to dispose of hazardous waste.

    Article tenth of hazardous waste generating units to deal with hazardous waste, disposal of process and results should be in line with national norms and standards; entrust disposal of hazardous waste, hazardous waste storage sites should build specialized, equipped with pollution emergency facilities and equipment, and security for storage of hazardous waste preprocessing, in line with the disposal unit receives requests.

    11th hazardous waste unit shall establish the hazardous waste account, truthful records of hazardous waste name, category, time, quantity and destination of and permanently saved.

    12th hazardous waste unit bankrupt and closed, dangerous waste accounts should be submitted to the home counties (cities, districts) the Environmental Protection Department of archive management, and production and storage of hazardous waste sites are harmless treatment and evaluation by the competent Department of environmental protection associations, after acceptance to be diversion.

    13th teaching, scientific tests, waste chemicals, waste on laboratory reagents, animal carcasses, and other experimental categories, classification of wastes pending; of obsolete, unserviceable and excess reagent dedicated storage site store and entrusted a qualified hazardous waste disposal units centralized disposal regularly, no unauthorized disposal, landfill.

    Chapter III hazardous waste disposal

14th state incentives to social investment and construction of hazardous waste disposal facilities, recycling and harmless treatment of hazardous wastes.

    Social investment and construction of hazardous waste disposal facility, must comply with the national and State hazardous waste centralized treatment facilities construction plan.

    15th centralized storage and disposal of hazardous waste sites and facilities should be far away from residential areas, schools, hospitals, government offices and factories as well as important water resource, nature reserves, scenic spots and other areas that need special protection, places of its boundary walls or other secure shelter closure should be used, and set clear import and export hazardous waste identification marks and text description. 16th no unit or individual may unlawfully closing, deactivated, or removal of dangerous waste disposal sites or installations.

Needs closing, deactivated or dismantled shall be three months in advance to declare to the State Department of environmental protection, State Environmental Protection Department shall, upon receiving notification of the date in the 30th to make decision on whether to agree to.

Closing, deactivated, or removal of dangerous waste disposal sites, facilities, hazardous waste centralized treatment of residual hazardous waste should be disposed of, and the venues, facilities, equipment, containers such as treatment.

    Environmental protection departments on closing, deactivated, or removal of hazardous waste disposal facilities and sites for security testing and assessment of the environmental quality.

    17th hazardous waste unit should be signed with the hazardous waste disposal unit hazardous waste disposal contract, expressly agreed upon the number of hazardous waste disposal, collection, transportation, cost and responsibility for security matters.

    Article 18th hazardous waste storage and treatment of hazardous waste disposal units, its processes and pollutant emissions should conform to national norms and standards.

19th construction of the Government and the public of hazardous waste disposal facilities to dispose of the following hazardous wastes:

(A) the research and teaching activities in the generation of hazardous wastes;

(B) the needs of the law enforcement agencies, judicial organs in accordance with the collection by incineration, landfill and other ways of disposing of hazardous waste;

(C) medical hazardous waste generated by medical institutions;

(D) during major outbreaks of infectious diseases, urban outbreak in the area of domestic garbage and medical waste;

(E) residents living in the generation of hazardous wastes;

    (F) based on the centralized disposal facilities and technology to other hazardous waste disposal.

20th hazardous waste centralized treatment unit should be detailed records of hazardous waste disposal, hazardous waste disposal records should be stored permanently.

    Landfill of hazardous waste sites, you should set up a permanent hazardous waste identification marks.

Article 21st and entrust hazardous waste disposal units, shall be paid according to the prescribed standards of hazardous waste disposal fee specific cost standards by the State Environmental Protection Department in collaboration with the autonomous regions financial, pricing departments.

Bankruptcies, closures or shut down hazardous waste, hazardous waste disposal costs should be included in the asset liquidation, giving priority to; cannot solve in a liquidation, the local Government's financial commitment.

    No clear responsibility for hazardous waste as well as the law enforcement, judicial organs in accordance with the fee for the disposal of hazardous waste collected from the Government's financial burden.

    The fourth chapter of hazardous waste management

    22nd specializes in the collection, storage and disposal of hazardous wastes operation units (hereinafter referred to as the hazardous waste management units), should establish and improve the safe management of hazardous waste regulations, development of pollution prevention measures and accident emergency plan.

23rd hazardous waste management unit, shall obtain a hazardous waste operating permit.

Prohibited without a business license or not engaged in hazardous waste management activities in accordance with license.

    Prohibition of hazardous waste provided or entrusted to collection, storage and disposal of units without a business license.

24th direct personnel engaged in the collection, storage and disposal of hazardous waste, shall be subject to the relevant legal, technical, safety, and knowledge of emergency management training.

    Direct personnel engaged in collection, storage and disposal of hazardous waste, should be equipped with safety protective clothing, protective equipment, and regular health checks.

    25th dangerous waste management, hazardous waste should be taken-and leak-proof shower, loss prevention, scattered and to prevent direct contact with the human body, such as prevention, hazardous waste storage facilities, equipment, regular inspection, disinfection and cleaning.

Article 26th when transferring hazardous waste hazardous waste management unit, they shall fill out the transfer of hazardous waste, packaging and transportation of hazardous waste should comply with the relevant national standards, technical regulations, in accordance with the time and line movement of hazardous wastes, and to prevent transfer of hazardous waste contamination in environmental measures and accident emergency plan.

    Vehicles transporting hazardous waste hazardous waste management unit, shall conform to the requirements and standards for shipping hazardous waste, marked by the clear identification of hazardous wastes.

27th hazardous waste management units shall not be any of the following acts:

(A) hazardous waste disposal sites outside the dump, stowage, incineration or landfill of hazardous waste;

    (B) mixing hazardous waste with non-hazardous waste transportation, disposal, pile up.
28th operating unit for hazardous waste collection, storage and disposal of hazardous waste sites, facilities, equipment, diversion of available shall be subject to elimination of pollution treatment and environmental monitoring to detect, to harmless standard, shall not be transferred for other purposes.

For storage or disposal, landfill hazardous waste land vegetation such as containment measures should be taken, and utilization for other purposes without authorization; really necessary for development, test and evaluation should be carried out and approved by the competent Department of environmental protection.

    Fifth chapter of supervision and inspection

    29th environmental protection departments of the autonomous region shall establish and improve environmental pollution by hazardous waste regulation, environmental emergency plans, and, in conjunction with relevant departments to build hazardous waste regulatory networks and information systems. Article 30th environmental protection departments should periodically on the area of hazardous waste production, collection, storage and disposal activities, such as supervision and inspection.

    When conducting supervision and inspection, you can access related information, check out, copy, collect samples, inspected unit and individual shall faithfully reflect the situation, provide relevant information and samples.

    31st Department of environmental protection hazardous waste disposal facility, site and environmental pollution prevention and monitoring and evaluation on a regular basis, do not meet the disposal requirements and standards, rectification, and supervise their implementation. Article 32nd medical institutions found hazardous waste such as hazardous waste disposal units do not collect hazardous waste shall be promptly reported to the environmental protection authorities.

    Environmental protection authorities after receiving the report, shall promptly investigate and deal with.

    Article 33rd units or individuals unauthorized stacking, transfer and disposal of hazardous waste pollution of the environment has the right to complain or report.

    Chapter Sixth penalty

    Article 34th acts in violation of these rules, the law of prevention and control of environmental pollution by solid waste, medical waste management of penal provisions of the Bill, from its provisions.

35th article violates these rules, any of the following acts, granted by the competent Department of environmental protection warned that a rectification; fails, fined 10,000 yuan and 30,000 yuan fines:

(A) hazardous waste generating units in accordance with the provisions establish the hazardous waste account, or not recorded, or destroyed ledger;

(B) storage, hazardous waste disposal sites are not closed setting prevention facilities;

    (C) the hazardous waste management unit in accordance with the provisions and line transport, transfer of hazardous wastes.

36th article violates these rules, any of the following acts, by the Department of environmental protection, in accordance with the law on prevention and control of environmental pollution by solid wastes article 75th, penalty of between 50,000 yuan and 10,000 yuan, pollution accidents, fines of between 50,000 yuan and 100,000 yuan; a major pollution accident, suspected of a crime, criminal responsibility shall be investigated in accordance with law:

(A) not in accordance with the requirement of identification of hazardous wastes;

(B) hazardous waste generating units within the time stipulated in the competent Department of environmental protection has not been declared hazardous waste and hazardous waste management plans, or when reporting fraud, or major change in reporting matters do not carry out application procedures for amendment;

(C) mixing hazardous waste with non-hazardous waste transportation, disposal, pile up;

(D) without decontamination treatment collection, storage, transportation and disposal of hazardous waste sites, facilities, equipment and containers, packages and other items for other purposes;

(V) unauthorized exploitation of landfill hazardous waste land;

    (F) the absence of hazardous waste accident prevention measures and emergency plans.

37th article violates these rules, any of the following acts, by the Department of environmental protection, in accordance with the law on prevention and control of environmental pollution by solid wastes article 75th, penalty of between 100,000 yuan and 20,000 yuan, pollution accidents, fines of between 100,000 yuan and 200,000 yuan; a major pollution accident, suspected of a crime, criminal responsibility shall be investigated in accordance with law:

(A) hazardous waste provided or entrusted to the unit without a business license to engage in business activities;

(B) unauthorized dump, stowage, incineration or landfill of hazardous waste;

    (C) without authorization, closing, deactivated or removal of dangerous waste disposal facilities and sites.

Article 38th of the environmental protection authorities of any of the following acts, in accordance with the persons in charge and other direct liable persons directly responsible for the offender constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not make administrative license or approval document;

(B) the law on closing, deactivated or removal of dangerous waste disposal facilities and sites for safety testing and evaluation of the quality of the environment;

(C) not required to develop environmental emergency response plans;

(Iv) violation is found or received reports of violations are not investigated;

    (E) any other conduct does not perform its functions of supervision.

    The seventh chapter by-laws 39th these measures come into force on April 1, 2011.