Zhengzhou Municipal Hazardous Waste Pollution Prevention Approaches

Original Language Title: 郑州市危险废物污染防治办法

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(August 10, 2004 Zhengzhou municipal people's Government 9th Executive session on September 1, 2004, 138th promulgated by the people's Government of Zhengzhou city as of October 1, 2004) Chapter I General provisions article to combat pollution by hazardous wastes, protect and improve the environment, protect the people's health, according to the People's Republic of China Law on prevention and control of environmental pollution by solid wastes and other relevant laws and regulations, combined with the city's actual, these measures are formulated.
    Hazardous wastes referred to in article these measures include: (a) inclusion of medical waste and other waste of the national hazardous waste list, (ii) identification of hazardous wastes in accordance with State standards and methods identified with the hazardous characteristics of wastes.
    Article within the administrative area of the city where hazardous waste and hazardous waste collection, transportation, storage, use and disposal of the units and individuals shall comply with these measures. Article fourth of hazardous waste pollution prevention, adhere to the polluter pays principle and reduce the generation of hazardous wastes, hazardous waste recycling and harmless treatment.
    For medical waste and other polluting waste centralized treatment. Fifth of municipal environmental protection administrative department responsible for unified supervision and management of prevention and treatment of hazardous waste pollution in the city.
    The County (City), the Administrative Department of environmental protection in accordance with the provisions of the duty, in charge of the supervision and management of hazardous wastes pollution control work within the administrative area.
    Sanitation, municipal administration, public security, transport, prices, Commerce, administrative, urban Administration Department shall, within the scope of their respective duties, work together to fight pollution by hazardous wastes.
    Sixth encourages and supports scientific research, prevention and treatment of pollution by hazardous waste technology development, promotion of advanced control technologies.
    Made outstanding contributions to prevention and control of pollution by hazardous waste units and individuals from Governments at all levels and relevant departments to commend or award. Hazardous waste management in chapter II article seventh generation, storage and use, hazardous waste disposal project, environmental impact assessment should be carried out.
    Hazardous wastes pollution control facilities must be the principal part of the project designed, built and put into operation simultaneously. Hazardous waste unit must be in accordance with the regulations to the municipal or County (City), the Administrative Department of environmental protection sewage discharge registration scheme, and provide the type of hazardous waste, output, flow, storage and processing of information.
    Hazardous waste registration items change, early 15th to the original registration of alteration registration procedures by the Administrative Department of environmental protection.
    Eighth hazardous wastes pollution control facilities are not allowed to close, idled or dismantled; do need to shutdown, idle, removal, must be approved by the Administrative Department of environmental protection, and to adopt measures to prevent environmental pollution by hazardous wastes.
    Nineth hazardous waste unit should be under the dangerous nature of the waste, form, opt for the safety of packaging materials, packaging means, packaging and hazardous waste classification, collection, storage, and transportation.
    Article tenth hazardous waste unit, transport units and receiving unit in the transfer of hazardous waste, it should strictly implement national hazardous waste manifest system.
    Transport of hazardous waste must take measures to prevent leakage, young sub prevention, damage prevention and other safety measures to prevent pollution of the environment.
    Prohibition of discarded during transport of hazardous waste.
    11th hazardous waste storage facilities and premises, must conform to the national standards for environmental protection, and take measures to prevent leakage, preventing young sub, rain prevention, loss prevention and other safety measures to prevent pollution of surface water, groundwater and other environmental.
    Prohibition of mixing hazardous waste with non-hazardous waste for storage; prohibit dumping in non-storage sites, pile up as hazardous waste.
    12th hazardous waste unit must be carried out in accordance with the relevant provisions of the State hazardous waste disposal or entrust hazardous waste disposal unit disposed of.
    Hazardous waste hazardous waste disposed of according to the provisions, the Department of environmental protection administration a rectification, if still not handling or disposal does not comply with the relevant national provisions, specified by the competent administrative Department of environmental protection units in accordance with the relevant provisions of the State on behalf of disposal, disposal costs borne by the producing units.
    13th hazardous waste containers and storage and use, hazardous waste disposal facilities and sites, you must set up clear warning marks and warning specifications.
    Hazardous waste for transport vehicles shall conform to the national provisions relating to the transport of dangerous goods management, and set up the hazardous waste identification.
    14th in the collection, storage, use and disposal of hazardous wastes operation units, must be in accordance with the regulation on hazardous waste operating permit under the State Council, to the Administrative Department of environmental protection may apply for an operating permit for hazardous waste and hazardous waste operating permit holders to register with the Administrative Department for industry and commerce registration.
    Prohibition of operating without a business license or not in accordance with permit hazardous waste collection, storage and treatment operations.
    Prohibition of hazardous waste provided or entrusted to the unit that does not have a business license for hazardous waste collection, storage and treatment operations.
    15th generation, collection, storage, transport, use and disposal of hazardous waste, should be developed in case of accidents should be taken emergency measures and preventive measures, and report to the local administrative Department of environmental protection records.
    Hazardous waste pollution event or other sudden events, units and individuals must take immediate emergency measures to eliminate or mitigate pollution harm to inform units and residents may be compromised, and report on the Administrative Department of environmental protection and other relevant departments.
    16th environmental protection Administrative Department and other relevant departments shall, in accordance with the Division of responsibilities, strengthening of dangerous waste collection, storage, transportation, use and disposal of supervision and inspection.
    Chapter III hazardous waste centralized treatment of 17th of municipal environmental protection Administrative Department shall, jointly with relevant departments of the hazardous waste disposal facilities to make unified plans, included in the plan for national economic and social development and environmental protection in the city planning, and is responsible for organization and implementation.
    18th advocate, encourage social establishment of personal investment and hazardous waste disposal facilities.
    19th in hazardous waste disposal unit, you must have the State Council provided for in the regulation on hazardous waste operating permit conditions. 20th the health institutions shall be promptly referred to the centralized disposal of medical waste medical waste disposal units.
    Any unit and individual is strictly prohibited the sale, transfer, recycling and medical waste.
    For other terms of centralized disposal of hazardous waste, generating units shall entrust the disposal unit disposed of.
    21st hazardous waste disposal unit must ensure that the centralized disposal facilities, normal operation of equipment, disposal of hazardous wastes should be consistent with national environmental protection, hygiene standards and norms. 22nd hazardous waste disposal and centralized treatment of hazardous waste generating units and units shall sign a written contract.
    Written contract shall identify hazardous waste collection, storage, transport, process, cost and other aspects of the rights, obligations and liability for breach.
    Article 23rd hazardous waste disposal units centralized disposal of hazardous wastes, may collect from the hazardous waste disposal costs, but shall not exceed the price administrative departments approved the scope and standards.
    Fourth chapter penalty is 24th article violation this approach provides, has following behavior one of of, by city or County (City), and district environmental protection administrative competent sector ordered deadline corrected, and can sentenced 3000 Yuan above 10000 Yuan following fine: (a) not by provides to environmental protection administrative competent sector declared registration dangerous waste, or in declared registration Shi fraud of; (ii) refused to environmental protection administrative competent sector site check, or in was check Shi fraud of.
    25th article violation this approach provides, has following behavior one of of, by city or County (City), and district environmental protection administrative competent sector ordered deadline corrected, and can sentenced 10000 Yuan above 50000 Yuan following fine: (a) collection, and storage, and using, and processing, and disposal dangerous waste of facilities, and places not by provides set recognition identifies of; (ii) will dangerous waste mix non-dangerous waste in the storage of;
    (C) the hazardous waste disposal units not complying with the provisions of its hazardous waste or not responsible shall bear the cost of disposing of and (iv) allowed to shut down, idle or removal of dangerous wastes pollution control facilities and sites, and (v) provide or entrust hazardous waste without an operation license for collection, storage, use, disposal.
    26th hazardous waste disposal unit disposed of hazardous waste does not meet the requirements of the national environmental and health standards, standardized by the municipal or County (City), the Administrative Department of environmental protection a rectification, given a warning and fined 5000 Yuan more than 10000 fine; it fails, fined a maximum of 10000 Yuan more than 30000. 27th operating without a business license or not in accordance with permit to engage in collection, storage, use and disposal of hazardous wastes operation by the municipal or County (City), the Administrative Department of environmental protection in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid waste shall be punished.
    Hazardous waste management units of other illegal acts by the municipal or County (City) and district environmental protection Administrative Department under the State Council of the regulation on hazardous waste operating permit shall be punished.
    28th article violates these rules, resulting in environmental pollution by hazardous waste accidents, by the Administrative Department of environmental protection in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid waste processing article 69th constitutes a crime, criminal responsibility shall be investigated according to law; cause damage to others shall bear liability.
    Article 29th acts in violation of these rules, conflict with the provisions of other laws, rules, regulations, by the relevant authorities in accordance with the provisions of the relevant laws, rules and regulations. 30th party on environmental protection Administrative Department and other departments concerned disagrees with the decision of punishment, may apply for reconsideration or litigation.

    31st article environmental protection competent sector staff has following behavior one of of, by its where units or about competent sector law give administrative sanctions; constitute crime of, law held criminal: (a) to not meet provides conditions of units issued dangerous waste business license or violation provides program issued dangerous waste business license of; (ii) on found violation this approach provides of behavior not investigation or received reported Hou not law processing of;
    (C) to obtain hazardous waste operating permit unit does not discharge the responsibilities of supervision and Administration; (iv) in the management of hazardous waste with other acts of malfeasance.
                                                Fifth chapter supplementary articles article 32nd these measures shall take effect on October 1, 2004.