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

tion and control of environmental pollution by hazardous waste shall be withdrawn in advance by having them included in the budgetary estimates of investment or in operating cost. The specific measures for withdrawal and control of the money shall be formulated by the department of finance and the department of pricing under the State Council， in conjunction with the administrative department for environmental protection under the State Council.

　　Article 66 Transferring hazardous waste via the territory of the People's Republic of China is prohi

bited.

　　Chapter Ⅴ

　　Legal Responsibility

　　Article 67 Where an administrative department for environmental protection of the people's government at or above the county level or an administrative department for supervision over prevention and control of environmental pollution by solid waste， in violation of the provision of this Law， commits one of the following acts， the people's government at the corresponding level or the relevant administrative department under the people's government at eh next higher level shall instruct it to rectify， and shall give administrative sanctions according to law to the leading members in charge to be held responsible and the other persons directly responsible； if a crime is constituted， criminal responsibility shall be investigated according to law：

　　（1）failing to grant administrative permission or issue approval document in accordance with law；

　　（2）failing to investigate and deal with a violation of law discovered or reported； and

　　（3）other acts such as failure to perform its duty of supervision in accordance with law.

　　Article 68 Where an entity， in violation of the provisions of this Law， commits one of the following acts， the administrative department for environmental protection of the people's government at or above the county level shall instruct it to discontinue the violation and to rectify within a time limit， and may impose on it a fine：

　　（1）failing to report to registration of industrial solid waste， as required by State regulations， or resorting to deception in reporting for registration of the same；

　　（2）failing to build facilities and grounds for storage of industrial solid waste that is not to be recycled temporarily or that is unrecyclable in order to have such waste safely stored in different categories as classified， or failing to adopt measures to make it innocuous through treatment；

　　（3）transferring， for use by another， the eliminated equipment that is included in the catalog f equipment to be eliminated within a time limit；

　　（4）without authorization， closing， leaving idle or dismantling facilities or grounds for prevention and control of environmental pollution by industrial solid waste；

　　（5）constructing facilities or grounds for concentrated storage or treatment of industrial solid waste or grounds for landfill of household waste in nature reserves， scenic spots or historical sites， protection zones of drinking water sources， protection zones of capital farmland or other zones that need special protection；

　　（6）without authorization， transferring solid waste out of the administrative areas of a province， autonomous region， or municipality directly under the Central Government for storage or treatment；

　　（7）failing to adopt the necessary precaution measures so that industrial solid waste is scattered， runs off， spills or the environment is polluted by other ways； and

　　（8）discarding or littering industrial solid waste along the way during transportation.

　　An entity that commits one of the acts specified in Subparagraphs （1） and （8） in the preceding paragraph shall be fined not less than RMB 5， 000 Yuan but not more than 50， 000 Yuan； if it commits one of the acts specified in Subparagraphs （2）， （3）， （4）， （5）， （6） and （7） in the preceding paragraph， it shall be fined not less than 10， 000 Yuan but not more than 100， 000 Yuan.

　　Article 69 Where an entity， in violation of the provisions of this Law， puts the main part of a construction project into production or use while construction of its supporting facilities required for prevention and control of environmental pollution by solid waste has not been completed， or has not been checked and accepted as qualified or has been checked but not accepted as qualified， the administrative department for environmental protection that examined and approved the document of assessment of th

e impact exerted by the construction project on the environment shall instruct it to discontinue production or use and may， in addition， impose on it a fine of not more than 100， 000 Yuan.

　　Article 70 Where an entity that， in violation of the provisions of this Law， refuses to accept on-the-spot inspection conducted by the administrative department for environmental protection of the people's government at or above the county level or the administrative department for supervision over the prevention and control of environmental pollution by solid waste， the department conducting such inspection shall instruct it to rectify within a time limit； if it refuses to comply or practices fraud while undergoing inspection， it shall be fined not less than 2， 000 Yuan but not more than 20， 000 Yuan.

　　Article71 Where an entity engaged in raising livestock and poultry in a large scale fails to have the excrement and urine discharged by the livestock and poultry collected， stored or treated in conformity with the relevant regulations of the State and has thus caused environmental pollution， the administrative department for environmental protection of the local people's government at or above the county level shall instruct it to rectify within a time and may impose on it a fine of not more than 50， 000 Yuan.

　　Article 72 Where an entity that， in violation of the provisions of this Law， manufactures， sells， imports or uses eliminated equipment or employs eliminated production techniques， the department in charge of comprehensive and macro-economic control of the people's government at or above the county level shall instruct it to rectify； if the circumstances are serious， the said department shall put forward a proposal to the peoples' government at the corresponding level， requesting that it within the limits of its power as prescribed by the State Council， instruct the entity to suspend business or close down.

　　Article 73 Where a mining enterprise， after ceasing to use the facilities for storage of mining solid waste， such as tailings， gangue and waste rock， fails to close them， as required by relevant State regulations on environmental protection， the administrative department for environmental protection of the local peoples' government at or above the county level shall instruct it to rectify within a time limit and may impose on it a fine of not less than 50， 000 Yuan but not more than 200， 000 Yuan.

　　Article 74 Where an entity that， in violation of the provisions of this Law on prevention and control of environmental pollution by urban household waste， commits one of the following acts， the administrative department for environmental sanitation of the local people's government at the or above the county level shall instruct it to discontinue the violations and to rectify within a time limit and may impose on it a fine：

　　（1）dumping， littering or piling up household waste at will；

　　（2）without authorization， closing， leaving idle or dismantling the facilities and grounds for treatment of household waste；

　　（3）for a construction unit， failing to have the solid waste， left in the course of construction， promptly cleaned up and moved away， thus causing environmental pollution；

　　（4）for a construction unit， failing to have solid waste， left in the course of construction， utilized or treated in compliance with the regulations of the administrative department for environment sanitation； and

　　（5）discarding or littering household waste along the way during transportation.

　　A unit which commits one of the acts specified in Subparagraphs（1）， （3） and （5） in the preceding paragraph shall be fined out not less than 5， 000 Yuan but not more than 50， 000 Yuan； if it commits one the acts specified in Subparagraphs （2） and （4） in the preceding paragraph， it shall be fined not less than 10， 000 Yuan but more than 100， 000 Yuan. An individual who commits one o

f the acts specified in Subparagraph （1） and （5） in the preceding paragraph shall be fined not more than 200 Yuan.

　　Article 75 Where an entity that， in violation of the provisions on prevention and control of environmental pollution by hazardous waste， commits one of the following acts， the administrative departments for environmental protection of the people's government at or above the county level shall instruct it to discontinue the violation and to rectify within a time limit and may impose on it a fine：

　　（1）failing to put up distinguishing sings of hazardous waste；

　　（2）failing to report for registration of hazardous waste in accordance with State regulations， or resorting to deception in reporting for registration；

　　（3）without authorization， closing， leaving idle or dismantling facilities and grounds for concentrated treatment of hazardous waste；

　　（4）failing to pay fees discharge of hazardous waste in accordance with State regulations；

　　（5）supplying or entrusting hazardous waste to a unit that doses not have a business license for business activities in this respect；

　　（6）failing to fill in duplicate forms for transfer of hazardous waste， as required by State regulations， or transferring suc

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