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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:
of environmental pollution by hazardous waste, With regard to cases for which no provisions are formulated in this Chapter, other relevant provisions of this Law shall apply.

  Article 51 The administrative department for environmental protection under the State Council shall, in conjunction with the relevant departments under the State Council, formulate the national catalog of hazardous waste, lay down unified criteria, methods and signs for identifying, differentiating and distinguishing hazardous waste.

  Article 52 Distinguishing signs of hazardous waste shall be put on the containers and packages of hazardous waste as well as on the facilities and grounds for collection, storage, transportation and treatment of such waste.

  Article 53 Units where hazardous waste is generated shall, in accordance with relevant State regulations, formulate plans for control of hazardous waste and provide information about the types, quantities, flow direction, storage, treatment, etc. of hazardous waste to the administrative departments for environmental protection of the local people's governments at or above the county level in the places where they are located.

  The plan for control of hazardous waste as mentioned in the preceding paragraph shall include the measures for reducing the quantity of hazardous waste generated and its harmfulness and the measures for storing, utilizing and treating such waste. The plan for control of hazardous waste shall be submitted for the record to the administrative departments for environmental protection of the local people's governments at or above the county level in the places where the units where hazardous waste is generated are located.

  Where major changes are to the made in the matters reported or in the plans for control of hazardous waste as mentioned in this Article, timely application is required.

  Article 54 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, take charge of drawing up plans for constructing facilities and grounds for concentrated treatment of hazardous waste and shall have the plans implemented after obtaining approval of the State Council.

  Local people's governments at or above the county level shall, in accordance with the plans for constru

cting facilities and grounds for concentrated treatment of hazardous waste, make arrangements for constructing such facilities and grounds.

  Article 55 Units where hazardous waste is generated shall treat such waste in accordance with relevant State regulations, and they shall not dump or pile up such waste without authorization. Those units that fail to treat such waste shall be instructed by the administrative department for environmental protection of the local people's governments at or above the county level in the places they are located to rectify within a time limit; if they fail to do so at the expiration of the time limit or in conformity with relevant State regulations, the said departments shall assign other units to treat the waste in accordance with relevant State regulations, and the expenses entailed shall be borne by the units where hazardous waste is generated.

  Article 56 Where a unit disposes of hazardous waste by the landfill method at variance with the regulations of the administrative department for environmental protection under the State Council, it shall pay fees for discharge of hazardous waste. The specific measures for imposition of such fees shall be formulated by the State Council.

  Fees collected for discharge of hazardous waste shall be used for prevention and control of environmental pollution and shall not be appropriated for other purposes.

  Article 57 A unit to be engaged in collection, storage and treatment of hazardous waste shall apply to the administrative department for environmental protection of the people's government at or above the county level for a business license; a unit to be engaged in utilization of hazardous waste shall apply for a business license to the administrative department for environmental protection under the State Council or of the people's government of a province, autonomous region, or municipality directly under the Central Government. The specific administrative measures in this regard shall be formulated by the State Council.

  Engaging in collection, storage, utilization and treatment of hazardous waste without a business license or at variance with the provisions of a business license is prohibited.

  Supplying or entrusting hazardous waste to a unit that does not have a business license for collection, storage, utilization and treatment of hazardous waste is prohibited.

  Article 58 Hazardous waste shall be collected and stored separately accordance to their different properties as classified. Collecting, storing, transporting or treating mixed hazardous waste that are incompatible in nature and that have not undergone safety treatment is prohibited.

  Protective measures which conform to the national standards for environmental protection shall be adopted for storage or hazardous waste, and its storage may not exceed one year. Where it is really necessary to extend the time limit, the matter shall be subject to approval by the administrative department for environmental protection that originally approved the issue of the business license, except where otherwise provided for by laws and administrative regulations.

  Mixing hazardous waste into nonhazardous waste for storage is prohibited.

  Article 59 An entity that intends to transfer hazardous waste to another place shall, according to relevant State regulations, fill in duplicate forms for transfer of hazardous waste and submit and application to the administrative department for environmental protection of the local people's government at or above the level of a city divided into districts in the place where the hazardous waste is to be moved out. The said department may grant approval of transferring the hazardous waste out only after consulting grant approval of transferring the hazardous waste out only after consulting with and obtaining consent of the administrative department for environmental protection of the

local people's government at of above the level of a city divided into districts in the place where the hazardous waste is to be accepted. Such waste shall not be transferred without approval.

  Where hazardous waste is transferred via administrative areas other than the area where it is moved out and the area where it is accepted, the administrative department for environmental protection of the local people's government at level of a city divided into districts in the place where the waste is to be moved out shall, in a timely manner, notify the relevant administrative departments for environmental protection of the local peoples' governments at or above the level of a city divided into districts along the way.

  Article 60 For transportation of hazardous waste, measures for preventing environmental pollution shall be adopted and State regulations on the control of transportation of hazardous goods shall be observed.

  Having hazardous waste and passengers carried by one and the same means of transport is prohibited.

  Article 61 When grounds, facilities, equipment as well as containers, packages and other articles used for the collection, storage transportation and treatment of hazardous waste are to used for other purposes, they can be put to use only after pollution is eliminated through treatment.

  Article 62 A unit where hazardous waste is generated or that collects, stores, transports, utilizes or treats hazardous waste shall formulate precaution measures and make contingency plans against accidents, and submit for the record those measures and plans to the administrative department for environmental protection of the local people's governments at or above the county level in the place it is located. The administrative department for environmental protection shall conduct inspection.

  Article 63 A unit that causes serious pollution of the environment by hazardous waste due to an accident or an unexpected event shall immediately take measures to eliminate or alleviate the damage done by the pollution of the environment, promptly inform the units and residents that may be harmed by the pollution and, in the meantime, report to the administrative department for environmental protection and the relevant departments of the local people's government at or above the county level, and the ready for investigation and settlement of the matter.

  Article 64 When the environment is seriously polluted by hazardous waste, thus threatening the safety of the lives and property of residents, or when there is evidence indicating the possible occurrence of the same, the administrative department for environmental protection of the local people's government at or above the county level or the administrative department for supervision over prevention and control of environmental pollution by solid waste shall immediately report to the people's government at the corresponding level or the relevant administrative department of the people's government at the next higher level, and the people's government shall take effective measures to prevent or alleviate the damage. The people's government concerned may, where necessary, instruct that the operation that has led or may possibly lead to such accident of environmental pollution be stopped.

  Article 65 The expenses for putting out of use the key facilities and grounds for preven

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