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

h waste without approval；

　　（7）mixing hazardous waste into nonhazardous waste for storage；

　　（8）collecting， storing， transporting and treating mixed hazardous wastes of incompatible nature without safety treatment；

　　（9）having hazardous waste and passengers carried by one and the same means of transport；

　　（10）using for other purposes grounds， facilities， equipment as well as containers， packages and other articles for collecting， storing， transporting and treating hazardous waste without eliminating pollution through treatment；

　　（11）failing to adopt the necessary precaution measures， thus causing the scattering， running off， spilling of hazardous waste or environmental pollution in other ways；

　　（12）discarding or littering hazardous waste along the way during transportation； and

　　（13）failing to formulate precaution measures and make contingency plans against accidents caused by hazardous waste.

　　A unit that commits one of the acts specified in Subparagraphs （1）， （2）， （7）。 （8）， （9）， （10）， （11）， （12）， and （13）， in the preceding paragraph shall be fined not less than 10， 000 Yuan but not more than 100， 000 Yuan； if it commits one of the acts specified in Subparagraphs （3）， （5） and （6） in the preceding paragraph， it shall be fined not less than 20， 000 Yuan but not more than 200， 000 Yuan but not more than 200， 000 Yuan； if it commits the acts specified in Subparagraph （4） in the preceding paragraph， it shall be instructed to pay the fees within a time limit， and if it fails to comply at the expiration of the time limit， it shall be fined not less the amount of the fees for discharge hazardous waste out not more than three times that amount.

　　Article 76 Where an entity where hazardous waste in generated， in violation of the provisions of this Law， fails to treat the hazardous waste generated and bear the expenses for treatment which it should bear according to law， 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 limit and impose on it a fine of not less than the amount of the expenses for treatment of the waste by another entity but not more than three times that amount.

　　Article 77 Where and entity engages in collecting， storing， utilizing or treating hazardous waste without a business license or at variance with the provisions of the business license， the administrative department for environmental protection of the people's government at or above the county level shall instruct it to discontinue the violation， confiscate its unlawful gains， and may， in addition， impose on it i

f fine of not more than three times the amount of such gains.

　　If an entity engages in the activities specified in the preceding paragraph， at variance with the provisions of the business license， its business license may， in addition， be revoked by the department that issued the license.

　　Article 78 Where an entity， in violation of the provisions of this Law， has solid waste from abroad dumped， piled up， or treated within the territory of the People's Republic of China， or imports solid waste the import of which is banned or， without permission， imports solid waste the import of which is restricted， for use as raw materials， the Customs shall instruct it to have such waste transported back and may， in addition， impose on it fine of not less than 100， 000 Yuan but more than 1， 000， 000 Yuan； if a crime is constituted， it shall be investigated for criminal responsibility according to law. Where the importer cannot be identified， the responsibility for transporting back the said waste or the expenses for treating the waste shall be borne by the carrier.

　　Where an entity evades Customs supervision and has solid waste transported to the People's Republic of China from abroad， which constitutes a crime， it shall be investigated for criminal responsibility according to law.

　　Article 79 Where an entity， in violation of the provisions of this Law， transfers hazardous waste via the territory of the People's Republic of China， the Customs shall instruct it to transport back such waste and may， in addition， impose on it a fine of not less than 50， 000 Yuan but not more than 500， 000 Yuan.

　　Article 80 With regard to illegally imported solid waste， the administrative department for environmental protection of the people's government at or above the provincial level shall， according to law， put forward suggestions to the Customs regarding its disposition， and the Customs shall make a decision on punishment in accordance with the provisions of Article 78 of this Law. If such waste has caused environmental pollution， the administrative department for environmental protection of the people's government at or above the provincial level shall instruct the importer to eliminate the pollution.

　　Article 81 Where an entity， in violation the provisions of this Law， has caused serious environmental pollution by solid waste， the administrative department for environmental protection of the people's government at or above the county level shall， within the limits of its power prescribed by the State Council， make a decision on having the pollution brought under control within a time limit； if the entity fails to fulfill the take at the expiration of the time limit， the people's government at the corresponding level shall decide that it suspend business or close down.

　　Article 82 Where an entity， in violation of the provisions of this Law， has caused an accident of environmental pollution by solid waste， the administrative department for environmental protection of the people's government at or above the county level shall impose on it a fine of not less than 20， 000 Yuan but not more than 200， 000 Yuan， if heavy losses are caused， he penalty shall be 30% of the direct loss， but not exceeding 1， 000， 000 Yuan at most， and the leading member in charge to be held responsible and the other persons directly responsible for the accident shall be given administrative sanctions according to law； if a major accident of environmental pollution by solid waste is caused， the people's government at or above the county level shall， within the limits of its power prescribed by the State Council， decide， in addition， that the entity suspend business or close down.

　　Article 83 Where an entity， in violation of the provisions of this Law， collects， stores， utilizes or treats hazardous waste and has thus caused a major accident of environmental pollution， which constitutes a crime， it shall be investig

ated for criminal responsibility according to law.

　　Article 84 Units and individuals that have suffered damage from solid waste pollution shall have the right to claim compensation according to law.

　　A dispute over the liability for damage and the amount of compensation may， at the request of the parties， be settled through meditation by the administrative department for environmental protection or the administrative department for supervision over prevention and control of environmental pollution by solid waste； if mediation fails， the parties may bring a suit before a people's court. The parties may also bring a suit directly before a people's court.

　　The State encourages legal service institutions to provide legal aid to the victims of environmental pollution by solid waste who are involved in lawsuits.

　　Article 85 An entity that has caused environmental pollution by solid waste shall remove the hazards， compensate for the losses according to law and adopt measures to put the environment back to its original state.

　　Article 86 Where a suit for damage compensation is incurred due to environmental pollution by solid waste， the inflictor shall other bear the burden of proof substantiating that there exists to causal relationship between the main content of exoneration prescribed by law and its act on the one hand and the damage done on the other.

　　Article 87 For a dispute over eth liability for damage caused by environmental pollution by solid waste and the amount of compensation， the parties may entrust and environmental monitoring institution with the furnishing of monitoring data. The said institution shall accept the entrustment and provide the truthful monitoring data required.

　　Chapter Ⅵ

　　Supplementary Provisions

　　Article 88 For the purposes of this Law， the meanings of the following terms are：

　　（1） “Solid waste” consists of things and substances generated in the course of production， people's daily lives and other activities， which have lost their use value， or are discarded or abandoned although they have not lost such value， which are solid or semi-solid in from or which are in the gaseous state and are kept in containers， and things and substances which are controlled as solid waste， as proscribed by laws and administrative regulations；

　　（2） “Industrial solid waste” means solid waste generated from industrial production；

　　（3） “Household waste” means solid waste generated from everyday life or from services provided to everyday life， as well as the solid waste that is regarded as household waste according to the provisions of laws and administrative regulations；

　　（4） “Hazardous waste” means solid waste that is included in the national catalog of hazardous waste or defined as solid waste with hazardous properties accordance to the criteria and methods of the State for distinguishing solid waste；

　　（5） “Storage” means the activities of keeping solid waste temporarily in specified facilities or on specific grounds；

　　（6） “Treatment” means activities undertake

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