Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste (Revised in 2016)

Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste (Revised in 2016)
Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste (Revised in 2016)

Order of the President of the People's Republic of China No. 57

November 7, 2015

(Adopted at the 16th Meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995, and amended at the 13th session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2004; revised for the first time according to Decision on Amending Twelve Laws including the Cultural Relics Protection Law of the People's Republic of China made at the 3rd session of the Standing Committee of the 12th National People's Congress on June 29, 2013; revised for the second time according to the Decision on Revising Seven Laws Including the Port Law of the People's Republic of China made at the 14th session of the Standing Committee of the 12th National People's Congress on April 24, 2015, and revised for the third time according to the Decision on Revising Twelve Laws including the Foreign Trade Law of the People's Republic of China made at the 24th session of the 12th National People's Congress on November 11, 2016.)

Table of Contents
Chapter I General Provisions
Chapter II Supervision and Administration of the Prevention and Control of Environmental Pollution Caused by Solid Waste
Chapter III Prevention and Control of Environmental Pollution Caused by Solid Waste
Section 1 General Provisions
Section 2 Prevention and Control of Environmental Pollution by Industrial Solid Wastes
Section 3 Prevention and Control of Environmental Pollution by Consumer Wastes
Chapter IV Special Provisions on the Prevention and Control of Environmental Pollution by Hazardous Wastes
Chapter V Legal Liabilities
Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of preventing and controlling environmental pollution caused by solid waste, safeguarding human health, maintaining the ecological safety and promoting the sustainable development of economy and society.

Article 2 This Law shall be applicable to the prevention and control of environmental pollution caused by solid waste within the territory of the People's Republic of China.
This Law shall not be applicable to the prevention and control of marine environmental pollution caused by solid waste or of environmental pollution by radioactive solid wastes.

Article 3 The State shall, in preventing and controlling environmental pollution caused by solid waste, implement the principles of reducing the discharge and harm of solid wastes, fully and rationally utilizing solid wastes and making them hazardless through treatment so as to promote cleaner production and the development of recycling economy.
The State shall adopt economic and technical policies and measures in favor of the comprehensive use of solid wastes, and fully recover and rationally utilize solid wastes.
The State shall encourage and support the adoption of beneficial measures of centralized treatment of solid wastes to the environmental protection and promote the industrial development of prevention and control of environmental pollution caused by solid waste.

Article 4 The people's governments at or above the county level shall incorporate the prevention and control of environmental pollution caused 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 caused by solid waste.
When relevant departments of the State Council, the people's governments at or above the county level and the relevant departments thereof formulate plans regarding urban-rural construction, land use, regional development and industrial development, they shall wholly take such factors into account as the reduction of discharge and harm of solid wastes and the promotion of comprehensive use and harmless treatment of solid wastes.

Article 5 For the prevention and control of environmental pollution caused by solid waste, the State implements the principle that any entity or individual causing the pollution shall be responsible for it in accordance with law.
The manufacturers, sellers, importers and users shall be responsible for the prevention and control of solid wastes pollution produced thereby.

Article 6 The State shall encourage and support scientific research, technological development and the dissemination of advanced prevention and control technologies as well as of scientific knowledge in the field of prevention and control of environmental pollution caused by solid waste.
The people's governments at all levels shall strength the publicity and education on the prevention and control of environmental pollution caused by solid waste and advocate favorable production methods and living styles to the environmental protection.

Article 7 The State shall encourage the entities and individuals to purchase and use renewable products and reusable products.

Article 8 The people's governments at all levels shall give awards to the entities and individuals that have achieved outstanding successes in the prevention and control of environmental pollution caused by solid waste and in relevant activities of comprehensive use.

Article 9 Any and all entities and individuals shall have the obligation to protect the environment and shall have the right to report or file charges against those entities or individuals that cause environmental pollution caused by solid waste.

Article 10 The environmental protection administrative department of 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 of the State Council shall be responsible for supervising and managing the prevention and control of environmental pollution caused by solid waste within their respective functions.
The environmental protection administrative departments 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 own 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.
The construction administrative department of the State Council and the environmental sanitation administrative departments of the local people's governments at or above the county level shall be responsible for supervising and administering the cleaning, collection, storage, transportation and disposal of urban consumer wastes.

Chapter II Supervision and Administration of the Prevention and Control of Environmental Pollution Caused by Solid Waste

Article 11 The environmental protection administrative department of the State Council shall, pursuant to state environmental quality standards and state economic and technical conditions, formulate state technical standards on the prevention and control of environmental pollution caused by solid waste in collaboration with the relevant administrative departments of the State Council.

Article 12 The environmental protection administrative department of 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.
The environmental protection administrative departments of large and medium-sized cities shall regularly issue the types, discharging amount, disposal conditions and other information regarding the solid wastes.

Article 13 The construction of projects which discharge solid wastes and the construction of projects for storage, use and treatment of solid wastes shall be carried out upon the appraisal regarding their effects on environment and in compliance with the relevant state regulations concerning the management of environmental protection in respect of construction projects.

Article 14 The necessary supporting facilities for the prevention and control of environmental pollution caused by solid waste as specified in the statement of the effect of the construction project shall 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 facilities for the prevention and control of environmental pollution caused by solid waste are found upon examination to meet the standards by the environmental protection administrative department that has originally examined and approved the statements about the effects on environment. The facilities for the prevention and control of environmental pollution caused by solid waste shall be checked and accepted at the same time as the main part of the project is checked and accepted.

Article 15 The environmental protection administrative department 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, have the right to conduct on-site inspection of the entities within their jurisdictions that have something to do with the prevention and control of environmental pollution caused by solid waste. The entities under inspection shall faithfully report the situation and provide necessary materials. The inspection authorities shall keep confidential the know-how and business secrets of the entities inspected.
When conducting on-site inspections, the inspection organ may adopt such measures as monitoring on the spot, collecting samples and consulting or printing materials relating to the prevention and control of environmental pollution caused by solid waste.

Chapter III Prevention and Control of Environmental Pollution Caused by Solid Waste

Section 1 General Provisions

Article 16 Entities and individuals that discharge solid wastes shall adopt measures to prevent or reduce the environmental pollution caused by solid waste.

Article 17 Entities and individuals that collect, store, transport, utilize or dispose of solid wastes shall take measures to prevent the scattering, run-off and leakage of solid wastes, as well as other measures against environmental pollution.
No entity or individual may dump solid wastes into or pile them up at rivers, lakes, ditches, reservoirs, bottomlands, banks or slopes under the highest waterline or other places where the waste isn't allowed to be dumped or piled up according to laws and regulations.

Article 18 Any entity shall abide by state rules about the cleaner production for designing and manufacturing products and packages.
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