People's Republic of China promulgated by Decree No. 408 () on May 19, 2004 in the operating permit for hazardous waste management measures adopted at the 50th Executive meeting of the State Council, are hereby promulgated and come into force since July 1, 2004.
Premier Wen Jiabao on May 30, 2004, chapter I General provisions article on dangerous waste collection, storage and disposal of business activity monitoring management, control of environmental pollution by hazardous wastes, according to the People's Republic of China Law on prevention and control of environmental pollution by solid waste, these measures are formulated.
Article in the People's Republic of China territory of dangerous waste collection, storage, and disposal of business units, shall, in accordance with the regulations, and obtain a hazardous waste operating permit.
Hazardous waste operating permit in accordance with article mode of operation, is divided into hazardous waste collection, storage and treatment of integrated operating licences and operating permits for hazardous waste collection.
Units receiving integrated hazardous waste operating permit may engage in different kinds of collection, storage and disposal of hazardous waste management activity; receive operating permits for hazardous waste collection units can only be engaged in motor vehicle repair activity of waste mineral oils and daily life of the inhabitants of the spent nickel-cadmium batteries in hazardous waste collection operations.
Fourth environmental protection departments above the county level people's Government in accordance with the regulations, is responsible for hazardous waste operating license approvals issued and supervision and management. Second chapter application received dangerous waste business license of conditions fifth article application received dangerous waste collection, and storage, and disposal integrated business license, should has following conditions: (a) has 3 name above environment engineering professional or related professional intermediate above titles, and has 3 years above solid waste pollution governance experience of technicians; (ii) has meet state traffic competent sector about dangerous goods transport security requirements of transport tool; (three) has meet national or place environmental protection standard and security requirements of packaging tool, Transit and temporary store facilities, and equipment and by acceptance qualified of storage facilities, and equipment; (four) has meet national or province, and autonomous regions, and municipalities dangerous waste disposal facilities construction planning, meet national or place environmental protection standard and security requirements of disposal facilities, and equipment and supporting of pollution control facilities; which, medical waste concentrated disposal facilities, also should meet national about medical waste disposal of health standard and requirements; (five) has and by business of dangerous waste category phase adapted of disposal technology and process; (six)
Guaranteed safety of hazardous waste management rules and regulations, pollution prevention and emergency measures; (VII) landfill disposal of hazardous waste, shall obtain a land of landfill sites.
The sixth application for a hazardous waste operating permit, subject to the following conditions: (a) means of transport there is rain-proof, impervious, (ii) is consistent with State or local environmental protection standards and safety requirements of the packaging tool, transit and temporary storage facilities, equipment, and (c) ensuring the security of hazardous waste management rules and regulations, pollution prevention and emergency rescue measures.
Chapter III application for a hazardous waste operating permit program seventh State approval for a hazardous waste operating permit grading issue.
Following hazardous waste operating permit issued by the Environmental Protection Department under the State Council for approval: (a) the annual burning of 10,000 tons of hazardous waste, (ii) the disposal of polychlorinated biphenyls, mercury and other environmental and human health in great danger of waste, (iii) included in the national hazardous waste disposal facilities construction planning comprehensive centralized disposal facilities for the disposal of hazardous waste.
Medical waste disposal hazardous waste operating permit by medical waste disposal facility district, where environmental protection authorities issued by the municipal governments.
Hazardous waste operating license, issued by the county environmental protection authorities.
The second paragraph of this article, third paragraph, other than the provisions of the fourth paragraph of hazardous waste operating permit, the people's Governments of provinces, autonomous regions and municipalities directly under the approval issued by the competent Department of environmental protection.
Eighth application for a hazardous waste operating permit unit shall be engaged in hazardous waste management activities apply to the issuing authority, and affix the article fifth and sixth requirements of proof. Nineth certification authority 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.
Eligible, hazardous waste operating permit issued, and notice does not meet the criteria, and notify the applicant in writing and state the reasons.
Hazardous waste operating permit from the issuing authority in the former, according to the actual need to seek health, relevant departments for urban and rural planning and expert opinions.
Applicant by the hazardous waste operating permit to the industrial and commercial administration departments handle the registration formalities.
Tenth hazardous waste operating license includes the following main elements: (a) the corporate name, legal representative, shelter, (ii) hazardous waste operation; (c) the hazardous waste category (iv) year operating scale; (e) expiry date; (vi) issuing date and certificate number.
Integrated hazardous waste operating permit content, also include the address storage and disposal facilities.
11th hazardous waste operating unit changed corporate name and domicile of the legal representative shall within 15 working days from the date of registration of changes of industry and commerce, the original issuing authorities apply for hazardous waste operating permit modification.
12th article has following case one of of, dangerous waste business units should according to original application program, again application received dangerous waste business license: (a) change dangerous waste business way of; (ii) increased dangerous waste category of; (three) new or alterations, and expansion original dangerous waste business facilities of; (four) business dangerous waste over original approved years business scale 20% above of.
13th comprehensive hazardous waste operating permit is valid for 5 years; hazardous waste operating license is valid for 3 years. Hazardous waste operating permit has expired, the hazardous waste management unit continued to engage in hazardous waste operations shall, within 30 working days before the expiry of hazardous waste operating permit renewal application to primary certification authority.
License issuing authority shall accept the replacement within 20 working days from the date of the application for review, eligible, be renewed; do not meet the conditions, and notify the applicant in writing and state the reasons.
14th end of hazardous waste management units engaged in the collection, storage and disposal of hazardous wastes operation should be on management of facilities and sites to adopt pollution prevention measures, and not disposed of as hazardous wastes properly.
Hazardous waste management units shall take the measures provided for in the preceding paragraph within 20 working days of the date the original issuing authorities apply, on-site verification by the issuing authority only after cancellation of hazardous waste operating permit.
The 15th prohibited without a business license, or not in accordance with the license provisions of dangerous waste collection, storage, disposal and operational activities.
From People's Republic of China imported or the People's Republic of China transit movements electronic hazardous waste.
Prohibition of hazardous waste provided or entrusted to the unit that does not have a business license for collection, storage and disposal operations.
Prohibition of forging, altering, transferring hazardous waste operating permit.
Supervision and administration of the fourth chapter 16th local people's Governments at or above the county level on the Environmental Protection Department by March 31 of each year an annual hazardous waste operating permit issuance level people's Government departments of environmental protection.
Superior environmental protection departments should strengthen the lower hazardous waste operating permit from the environmental protection authorities of supervision and inspection, promptly correct hazardous waste operating permit from the environmental protection authorities at lower levels of process violations.
17th environmental protection departments above the county level people's Government shall be by written verification and on-site inspection, strengthen the supervision and inspection of hazardous waste management unit, and will oversee the inspection and processing of the results shall be recorded, after being signed by the inspectors from the archive.
The public right of access supervision and inspection departments of people's Governments above the county level environmental protection records.
The people's Government above the county level environmental protection departments found hazardous waste management units in operation in the original licensing conditions are not met, it shall order the rectification. 18th environmental protection departments above the county level people's Government has the right to require periodic reporting of hazardous waste hazardous waste management units engaged in activities.
Hazardous waste management units shall establish a hazardous waste operations record book, facts collection, storage and treatment of hazardous waste category, source, destination, and there are no accidents and other matters. Hazardous waste management units should be hazardous waste operations record book for 10 years or more, hazardous waste disposed of in landfill operations record book should be permanently stored.
Termination of business activities, should the transfer of hazardous waste operations record book local people's Governments at and above the County Environmental Protection Department of archive management.
19th environmental protection authorities above the county level people's Governments should establish and improve the file management system for hazardous waste operating permit, and periodically publicize the hazardous waste operating permit from the approval conditions.
20th to receive operating permits for hazardous waste collection units, should receive contracts with the disposal unit, and will collect the waste mineral oil and the spent nickel-cadmium batteries within 90 working days provided or entrusted to the disposal the disposal unit.
21st hazardous waste management facilities in abandoned or converted to other uses, shall carry out innocuous treatment.
Landfill of hazardous waste management facilities after the expiry of the service period, hazardous waste management units shall be in accordance with the relevant provisions of landfill hazardous waste land closures and in designated enclosed areas set up a permanent marker.
22nd fifth chapter legal liability for breach of the provisions of article 11th, local people's Governments at or above the county level rectification of environmental protection authorities and give a warning; it fails, the original issuing authority temporarily suspended the hazardous waste operating permit.
23rd article violation this approach 12th article, and 13th article second paragraph provides of, by County above place government environmental protection competent sector ordered stop violations; has illegal proceeds of, confiscated illegal proceeds; illegal proceeds over 100,000 yuan of, and at illegal proceeds 1 time times above twice times following of fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, at 50,000 yuan above 100,000 yuan following of fine.
24th article violates these measures stipulated in article 14th and 21st, local people's Governments at or above the county level rectification of environmental protection authorities; it fails, fines of between 50,000 yuan and 100,000 yuan; pollution accidents, constitute a crime, criminal responsibility shall be investigated according to law.
25th disobey the 15th paragraph, second and third paragraph, in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid waste shall be punished.
Disobey the 15th fourth paragraph, collected by local people's Governments at or above the county level departments of environmental protection hazardous waste operating permit or the original permit issuing authority shall revoke the operating permit for hazardous waste, and fines of between 50,000 yuan and 100,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
26th in violation of the provisions of article 18th, local people's Governments at or above the county level rectification of environmental protection authorities and give a warning; it fails, the original Licensing Office temporary suspension or revocation of hazardous waste operating permit.
27th in violation of the provisions of article 20th, local people's Governments at or above the county level rectification of environmental protection authorities and give a warning; it fails, more than 10,000 yuan to 50,000 yuan fine, and can be used by the original license-issuing organs temporarily or revokes a hazardous waste operating permit.
28th hazardous waste operating unit being ordered to reform, overdue correction or corrective action is still not in conformity with the original licensing conditions by the original Licensing Office temporary suspension or revocation of hazardous waste operating permit.
29th environmental protection departments in accordance with this regulation to revocation or the collection of hazardous waste operating permit at the same time, it shall notify the Department of business administration, Department of business administration revoked business licenses.
Collection hazardous waste operating permit is revoked or units within 5 years no further application for a hazardous waste operating permit. 30th article County above government environmental protection competent sector of staff, has following behavior one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) to not meet this approach provides conditions of units issued dangerous waste business license of; (ii) found not law made dangerous waste business license of units and personal unauthorized engaged in dangerous waste business activities not investigation or received reported Hou not law processing of; (three)
To legally obtain a hazardous waste operating permit units do not perform duties of supervision and administration or find violations of these measures is not investigated; (iv) in the management of hazardous wastes operation permit other malfeasance.
The sixth chapter supplementary articles the 31st the following terms shall have the meanings herein: (a) hazardous waste is included in the national hazardous waste list or according to the regulations of the State's hazardous waste criteria and methods identified hazardous waste.
(B) collect, refers to the hazardous waste management unit to concentrate dispersed hazardous waste activities.
(C) the storage, refers to the hazardous waste management unit in front of the hazardous waste disposal, placing it in compliance with environmental protection standards in places or facilities, as well as in order to disperse the concentration of hazardous wastes, in temporary facilities owned or place each batch placed with weight of more than 5,000 kilograms or placing for more than 90 days of activity.
(Four) disposal, is refers to dangerous waste business units will dangerous waste burning, and calcined, and melting, and sintering, and cracking, and neutralization, and disinfection, and distillation, and extraction, and precipitation, and filter, and split solutions and with other change dangerous waste physical, and chemical, and biological characteristics of method, reached reduced dangerous waste number, and narrowed dangerous waste volume, and reduced or elimination its dangerous components of activities, or will dangerous waste eventually placed meet environmental protection provides requirements of places or facilities does not again back take of activities. 32nd before the implementation of these measures, in accordance with local laws, regulations or other documents that have been made of hazardous waste operating permit shall be in the original hazardous waste operating permit before the expiry of 30 days, in accordance with the regulations re application for a hazardous waste operating permit.
Fails to go through, not continue to engage in hazardous waste operations.
33rd article this way come into force on July 1, 2004. (Xinhua News Agency)