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Law of the Peoples Republic of China on Prevention and Control of Environmental Pollution by Solid W

2009-03-24 法律英语 来源:互联网 作者:
sulting or duplicating materials related to the prevention and control of environmental pollution by solid waste. Inspectors shall show their identification papers when they conduct on-the-spot inspection.

  Chapter Ⅲ

  Prevention and Control of Environmental Pollution by Solid Waste

  Section 1

  General Regulations

  Article 16 Units and individuals where solid waste is generated shall adopt measures to prevent of reduce environmental pollution by solid waste.

  Article 17 Units an individuals that collect, store, transport, utilize or treat solid waste shall take measures to prevent the scattering, running off and spilling of solid waste, or other measures to prevent pollution of the environment; they shall not dump or pile up, without authorization, or discard or litter solid waste.

  No unit of individual may dump solid waste into rivers, lakes, canals, channels, reservoirs, or tidal flats and slopes below the highest waterline, or other places where dumping and piling up of waste is prohibited by laws and regulations.

  Article 18 Products and packing materials shall be designed and manufactured in compliance with the State regulations governing cleaner production. The administrative department for standardization under the State Council shall, on the basis of the economic and technological conditions of the State, in light of the prevention and control of environment pollution by solid waste and compliance with the technical requirements of the products, take charge of formulation relevant standards to prevent environmental pollution by over-packing.

  The enterprises, which manufacture, sell or import products and packaging materials included in the compulsory catalog according to law, shall recover the said products and packing materials according to the relevant regulations of the State.

  Article 19 The State encourages research institutions and manufactures to conduct research in and manufacture thin-film sheetings and product packing materials that are easy to be recycled or treated, or are degradable in the environment.

  Units and indi

viduals that use agricultural thin-film shall take measures to recycle it or other measures in order to prevent or reduce environmental pollution by such film.

  Article 20 An entity engaged in raising livestock and poultry in a large scale shall, in conformity with relevant State regulations, collect, store, utilize or treat the excrement and urine discharge by the livestock and poultry, in order the prevent environmental pollution.

  Open-air burning of stalks in densely-populated areas, in the neighboring areas of airports, on the peripheries of the main lines of communications and in the areas delimited by local people's governments is prohibited.

  Article 21 Management and maintenance of facilities, equipment and grounds for collection, storage, transportation and treatment of solid waste shall be improved so as to ensure their normal operation and use.

  Article 22 Constructing of facilities and grounds for concentrated storage and treatment of industrial solid waste or landfills for household waste within the nature reserves, scenic spots, historical sites, drinking waster source reserves, capital farmland reserves and delimited by the State Council, the relevant competent departments under the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and within other zones that need special protection is prohibited.

  Article 23 For transporting solid waste out of the administrative area of a province, autonomous region, or municipality directly under the Central Government for storage or treatment, and application shall be submitted to the administrative department for environmental protection under the people's government of the province, autonomous region, or municipality directly under the Central Government of the area where the solid waste is to be moved out. The administrative department for environmental protection of the people's government of the province, autonomous region, or municipality directly under the Central Government of the area where the solid waste is to be moved out may give approval to the transporting of the solid waste out of its administrative area only after it has consulted with, and won the consent of the administrative department for environmental protection of the people's government of the province, autonomous region, r municipality directly under the Central Government of the area for acceptance of the solid waste. No solid waste may be transported elsewhere without approval.

  Article 24 Importing of solid waste from outside of the territory of the People's Republic of China for dumping, piling up or treating is prohibited.

  Article 25 Importing of solid waste that cannot be used as raw materials or utilized after being made innocuous is prohibited as a means of control, the solid waste that can be used as raw materials shall be classified as solid waste the import of which is restricted and solid waste the import of which is automatically permitted.

  The administrative department for environmental protection under the State Council shall, in conjunction with the department in charge of foreign trade under the State Council, the department in charge of comprehensive and macro-economic control under the State Council the General Administration of Customs and the department in charge of quality supervision, inspection and quarantine under the State Council, formulate, readjust and publish the catalogs of solid waste the import of which is banned, restricted or automatically permitted.

  Importing of solid waste placed in the catalog of solid waste the import of which is banned is prohibited. Importing of solid waste placed in the catalog of solid waste the import of which is restricted shall be subject to examination and approval by the administrative department for environmental protection under the State Council in conjunction with the

department in charge of foreign trade under the State Council. For importing of solid waste placed in the catalog of solid waste the import of which is automatically permitted, the formalities for automatic permission shall be gone through according to law.

  The solid waste imported shall conform to the national standards for environmental protection shall be checked and accepted as qualified by the department in charge of quality supervision, inspection and quarantine.

  The specific administrative measures for import of solid waste shall be formulated by the administrative department for environmental protection under the State Council, in conjunction with the department is charge of foreign trade under the State Council, the department in charge of comprehensive and macro-economic control under the State Council, eh General Administration of Customs and the department in charge of quality supervision, inspection and quarantine under the State Council.

  Article 26 Where an importer is not satisfied with the Customs for placing what he imports under its control over solid waste, he may apply for administrative reconsideration according to law or bring and administrative suit before a people's court.

  Section 2

  Prevention and Control of Environmental Pollution by Industrial Solid Waste

  Article 27 The administrative department for environmental protection under the State Council shall, in conjunction with the department in charge of comprehensive and macro-economic control under the State Council and the relevant departments, giver a definition of environmental pollution by industrial solid waste, work out technical policies regarding the prevention and control thereof, and take charge of disseminating advanced production techniques and equipment for prevention and control of environmental pollution by industrial solid waste.

  Article 28 The department in charge of comprehensive and macro-economic control under the State Council shall, in conjunction with the relevant departments under the State Council, take charge of research in, development of and promotion of the wide use of, of production techniques and equipment shall will serve to reduce the quantity of industrial solid waste generated and its harmfulness, and publish the catalogs of the outdated production techniques and equipment that generate industrial solid waste which causes serious environmental pollution and that should be eliminated within a time limit.

  Manufactures, sellers, importers and users shall respectively stop manufacturing, selling importing and using the equipment, included in the catalog mentioned in the preceding paragraph, within the time limit specified by the department in charge of comprehensive and macro-economic control under the State Council in conjunction with the relevant departments under the State Council. Users of the production techniques mentioned in the preceding paragraph shall stop using the same within the time limit specified by the department in charge of comprehensive and macro-economic control under the State Council in conjunction with the relevant departments under the State Council.

  No equipment that is included in the catalog of the equipment to be eliminated within a time limit and that is eliminated accordingly shall be transferred to another entity for use.

  Article 29 The relevant departments of the people's governments at or above the county level shall formulate work plans for prevention and control of environmental pollution by industrial solid waste, in order to promote the wide use of the advanced production techniques and equipment

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