Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste
Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste
Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste
Order of the President of the People's Republic of China [1995] No. 58
October 30, 1995
The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste, which was adopted at the 16th meeting of the standing committee of the 8th National People's Congress on October 30, 1995, is released hereby and shall take effect as of April 1, 1996.
President of the People's Republic of China Jiang Zemin
Contents
Chapter I General Provisions
Chapter II Supervision And Management Of The Prevention And Control Of Environmental Pollution By Solid Waste
Chapter III The prevention And Control Of Environmental Pollution By Solid
Section 1 Basic Provisions
Section 2 The Prevention And Control Of Environmental Pollution By Industry
Section 3 The Prevention And Control Of Environmental Pollution By Urban
Chapter IV Special Provisions On The Prevention And Control Of Environmental
Chapter V Legal Responsibility Chapter Vi Supplementary Provisions
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of preventing and controlling environmental pollution by solid waste, safeguarding human health and promoting the development of socialist modernization drive.
Article 2 This Law shall apply to the prevention and control of environmental pollution by solid waste within the territory of the People's Republic of China.
This Law shall not apply to the prevention and control of marine environmental pollution by solid waste or of environmental pollution by radioactive solid waste.
Article 3 The State shall, in preventing and controlling environmental pollution by solid waste, implement the principles of reducing the discharge of solid waste, fully and rationally utilizing solid waste, and making it hazardless through treatment.
Article 4 The State encourages and supports clean production and reduced discharge of solid waste.
The State encourages and supports the comprehensive use of resources, full recovery and rational utilization of solid waste, and adopts economic and technical policies and measures that facilitate the comprehensive use of solid waste.
Article 5 The State encourages and supports adoption of measures for centralized treatment of solid waste in favor of environmental protection.
Article 6 The people's governments at or above the county level shall include the prevention and control of environmental pollution by solid waste into their environmental protection programs and adopt economic and technical policies and measures to facilitate the prevention and control of environmental pollution by solid waste.
Article 7 The State encourages and supports scientific research, technological development, and dissemination of advanced prevention and control technology as well as of scientific knowledge in the field of the prevention and control of environmental pollution by solid waste.
Article 8 The people's governments at various levels shall give awards to units and individuals that have achieved outstanding successes in the prevention and control of environmental pollution by solid waste and in its comprehensive use.
Article 9 Any unit and individual shall have the obligation to protect the environment and shall have the right to report or file charges against units or individuals that cause environmental pollution by solid waste.
Article 10 The competent administrative department of environmental protection under the State Council shall conduct unified supervision and management of the prevention and control of environmental pollution caused by solid waste throughout the country. The relevant departments under the State Council shall be responsible for supervision and management of the prevention and control of environmental pollution caused by solid waste within their respective functions and responsibilities.
The competent administrative departments of environmental protection of the local people's governments at or above the county level shall conduct unified supervision and management of the prevention and control of environmental pollution caused by solid waste within their administrative areas. The relevant departments of local people's governments at or above the county level shall be responsible for supervision and management of the prevention and control of environmental pollution caused by solid waste within their respective functions and responsibilities.
The competent administrative department of construction under the State Council and the competent administrative departments of environmental sanitation of the local people's governments at or above the county level shall be responsible for supervision and management with regard to cleaning up, collection, storage, transportation and treatment of urban house refuse.
Chapter II Supervision And Management Of The Prevention And Control Of Environmental Pollution Caused By Solid Waste
Article 11 The competent administrative department of environmental protection under the State Council shall establish a system for monitoring environmental pollution caused by solid waste, formulate unified monitoring standards and, in conjunction with relevant departments, set up a monitoring network.
Article 12 Construction of projects which discharge solid waste and of projects for storage and treatment of solid waste must be carried out in compliance with the relevant State regulations concerning the management of environmental protection in respect of construction projects.
In the statement of the effect to be occasioned on the evironment by a construction project must include an assessment of the pollution of and effect on the environment by the solid waste to be discharged by the construction project and measures for the prevention and control of environmental pollution, and the statement must be submitted, according to the procedure prescribed by the State, to the competent administrative department of environmental protection for approval. The competent authorities for the examination and approval of construction projects may ratify the feasibility study report or the design plan descriptions of the construction project only after the statement of environmental effect has been approved.
Article 13 The necessary supporting installations for the prevention and control of environmental pollution caused by solid waste specified in the statement of the effect of the construction project must be designed, built and put into operation simultaneously with the main part of the project. The construction project may be put into production or use, only after the installations for the prevention and control of environmental pollution caused by solid waste are examined and considered up to standards by the competent administrative department of environmental protection that examined and approved the statement of environmental effect. The installations for the prevention and control of environmental pollution caused by solid waste must be checked and accepted at the same time as the main part of the project is checked and accepted.
Article 14 The competent administrative department of environmental protection of the people's government at or above the county level and other supervisory and administrative departments for the prevention and control of environmental pollution caused by solid waste shall, in accordance with their respective functions and responsibilities, have the right to conduct on-the-spot inspection of units within their jurisdiction that have to do with the prevention and control of environmental pollution caused by solid waste. Units under inspection shall truthfully report the situation and provide the necessary information. The inspection authorities shall keep confidential the technological know-how and business secrets of the units inspected.
Inspectors shall show their identification papers when they conduct on-the-spot inspection.
Chapter III The Prevention And Control Of Environmental Pollution By Solid
Section 1 Basic Provisions
Article 15 Units and individuals that discharge solid waste shall adopt measures to prevent or reduce environmental pollution caused by solid waste.
Article 16 Units and individuals that collect, store, transport, utilize or treat solid waste must take measures to prevent the scattering, running off, leaking and seeping of solid waste, as well as other measures against environmental pollution.
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