B7 Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes

Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes

Order of the President of the People's Republic of China

No. 31

The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes was revised and adopted at the 13th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on December 29, 2004. The revised Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes is hereby promulgated and will come into force as of April 1, 2005.

Hu Jintao, President of the People's Republic of China

December 29, 2004

(Adopted at the 16th Meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995 and revised at the 13th Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2004)

Chapter I General Provisions

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

Article 2 This Law applies to the prevention and control of environmental pollution by solid waste within the territory of the People's Republic of China.

This Law is not applicable to the prevention and control of marine environmental pollution by solid waste and the prevention and control of environmental pollution by radioactive solid waste.

Article 3 With regard to the prevention and control of environmental pollution by solid waste, the State implements the principles of reducing the amount and harmfulness of solid waste, making full and rational use of solid waste and treating solid waste innocuously, and promoting the development of cleaner production and circular economy.

The State adopts economic and technical policies and measures conducive to the comprehensive utilization of solid waste, and implements full recovery and rational utilization of solid waste.

The State encourages and supports the adoption of measures for the centralized disposal of solid waste that are conducive to environmental protection, and promotes the development of the industry for the prevention and control of environmental pollution by solid waste.

Article 4 People's governments at or above the county level shall incorporate the prevention and control of environmental pollution by solid waste into their national economic and social development plans and adopt economic and technical policies and measures conducive to the prevention and control of environmental pollution by solid waste.

The relevant departments of the State Council, the local people's governments at or above the county level and their relevant departments shall organize the compilation of urban and rural construction, land use, regional development, industrial development and other plans, and shall take into account the reduction of the volume and harmfulness of solid waste and the promotion of the comprehensive utilization and harmless treatment of solid waste.

Article 5 The State shall implement the principle that the polluter is responsible according to law for the prevention and control of environmental pollution by solid waste.

Producers, sellers, importers and users of products shall bear the responsibility for prevention and control of pollution according to law for the solid waste they produce.

Article 6 The State encourages and supports scientific research and technological development in the prevention and control of environmental pollution by solid waste, popularizes advanced prevention and control technologies and popularizes scientific knowledge in the prevention and control of environmental pollution by solid waste.

People's governments at all levels should strengthen publicity and education on the prevention and control of environmental pollution by solid waste, and advocate production and lifestyle conducive to environmental protection.

Article 7 The State encourages units and individuals to purchase and use renewable products and reusable products.

Article 8 People's governments at all levels shall reward units and individuals that have made outstanding achievements in the prevention and control of environmental pollution by solid waste and related comprehensive utilization activities.

Article 9 All units and individuals have the obligation to protect the environment and have the right to report and accuse the units and individuals that cause environmental pollution by solid waste.

Article 10 The competent administrative department of environmental protection under the State Council shall exercise unified supervision and management over the prevention and control of environmental pollution by solid waste throughout the country. The relevant departments of the State Council shall be responsible for the supervision and administration of the prevention and control of environmental pollution 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 exercise unified supervision and management over the prevention and control of environmental pollution by solid waste within their respective administrative areas. The relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the prevention and control of environmental pollution by solid waste within the scope of their respective duties.

The construction administrative department of the State Council and the environmental sanitation administrative department of the local people's government at or above the county level shall be responsible for the supervision and management of the cleaning, collection, storage, transportation and treatment of domestic garbage.

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

Article 11 The administrative department of environmental protection under the State Council shall, in conjunction with the relevant administrative departments under the State Council, formulate the national technical standards for the prevention and control of environmental pollution by solid waste in accordance with the national environmental quality standards and the national economic and technological conditions.

Article 12 The competent administrative department of environmental protection under the State Council shall establish a monitoring system for environmental pollution by solid waste, formulate unified monitoring standards, and organize a monitoring network together with relevant departments.

The competent administrative departments of environmental protection under the people's governments of large and medium-sized cities shall regularly publish information on the types, quantities and disposal of solid waste.

Article 13 The construction of projects that produce solid waste and the construction of projects that store, utilize and treat solid waste must be subject to environmental impact assessment according to law and comply with the relevant provisions of the State on the management of environmental protection of construction projects.

Article 14 The supporting facilities for the prevention and control of environmental pollution by solid waste identified in the environmental impact assessment document of a construction project must be designed, constructed and put into use at the same time as the main project. The construction project can be put into production or use only after the facilities for prevention and control of environmental pollution by solid waste have passed the acceptance of the environmental protection administrative department that originally approved the environmental impact assessment document. The acceptance of the facilities for prevention and control of environmental pollution by solid waste shall be conducted at the same time as the acceptance of the main works.

Article 15 The competent administrative departments for environmental protection of the people's governments at or above the county level and other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste have the right, in accordance with their respective functions and duties, to conduct on-site inspections of the units under their jurisdiction related to the prevention and control of environmental pollution by solid waste. The units under inspection shall truthfully report the situation and provide necessary information. The inspection authorities shall keep the technical and business secrets of the units under inspection.

When conducting on-site inspection, the inspection authority may take such measures as on-site monitoring, collecting samples, consulting or duplicating data related to the prevention and control of environmental pollution by solid waste. Inspectors shall show their certificates when conducting on-site inspection.

Chapter III Prevention and Control of Environmental Pollution by Solid Waste

Section 1 General Provisions

Article 16 Units and individuals discharging solid waste shall take measures to prevent or reduce environmental pollution by solid waste.

Article 17 Units and individuals that collect, store, transport, utilize and treat solid waste must take measures to prevent scattering, loss, leakage or other environmental pollution; It is not allowed to dump, stack, discard or scatter solid waste without authorization.

It is prohibited for any unit or individual to dump or stack solid waste to rivers, lakes, canals, channels, reservoirs and beaches and bank slopes below the highest water level and other places where dumping or stacking of waste is prohibited by laws and regulations.

Article 18 The design and manufacture of products and packages shall comply with the provisions of the State on cleaner production. The standardization administrative department under the State Council shall, in accordance with the national economic and technical conditions, the prevention and control of environmental pollution by solid waste and the technical requirements of products, organize the formulation of relevant standards to prevent environmental pollution caused by excessive packaging.

Enterprises that produce, sell and import products and packages that are listed in the compulsory recycling catalogue according to law must recycle the products and packages in accordance with the relevant provisions of the State.

Article 19 The State encourages scientific research and production units to research and produce film coverings and commodity packaging that are easy to recycle, dispose of or degradable in the environment.

Units and individuals using agricultural films shall take measures such as recycling to prevent or reduce environmental pollution caused by agricultural films.

Article 20 The livestock and poultry excrement produced in the process of breeding shall be collected, stored, utilized or disposed of in accordance with the relevant provisions of the State in order to prevent environmental pollution.

It is forbidden to burn straw in the open air in densely populated areas, around the airport, near the main traffic lines and areas designated by the local people's government.

Article 21 The management and maintenance of facilities, equipment and sites for the collection, storage, transportation and treatment of solid waste shall be strengthened to ensure their normal operation and use.

Article 22 Within the nature reserves, scenic spots, drinking water source protection areas, basic farmland protection areas and other areas requiring special protection designated by the State Council, the relevant competent departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, it is prohibited to build facilities, sites and domestic garbage landfills for the centralized storage and treatment of industrial solid waste.

Article 23 Whoever transfers solid waste out of the administrative region of a province, autonomous region or municipality directly under the Central Government for storage and treatment shall apply to the administrative department of environmental protection of the people's government of the province, autonomous region or municipality directly under the Central Government where the solid waste is transferred. The competent administrative department of environmental protection of the people's government of the province, autonomous region, or municipality directly under the Central Government where the solid waste is to be transferred out of the administrative region of the province, autonomous region, or municipality directly under the Central Government can only approve the transfer of the solid waste out of the administrative region of the province, autonomous region, or municipality directly under the Central Government after consultation with the competent administrative department of environmental protection of the people's government of the province, autonomous region, or municipality directly under the Central Government. It shall not be transferred without approval.

Article 24 Solid waste from outside the People's Republic of China is prohibited from being dumped, piled up and disposed of in China.

Article 25 It is prohibited to import solid waste that cannot be used as raw material or used in a harmless manner; The solid waste that can be used as raw materials shall be subject to the classified management of import restriction and automatic import license.

The competent administrative department of environmental protection under the State Council, in conjunction with the competent department of foreign trade under the State Council, the comprehensive macro-economic regulation and control department of the State Council, the General Administration of Customs and the quality supervision, inspection and quarantine department of the State Council, formulated, adjusted and published the list of solid wastes that are prohibited, restricted and automatically licensed for import.

The import of solid waste listed in the prohibited import catalogue is prohibited. The import of solid waste listed in the restricted import catalogue shall be examined and approved by the administrative department of environmental protection under the State Council in conjunction with the competent department of foreign trade under the State Council. The import of solid waste listed in the automatic import license catalogue shall go through the automatic license formalities according to law.

Imported solid waste must meet the national environmental protection standards and pass the inspection of the quality supervision, inspection and quarantine department.

The specific administrative measures for the import of solid waste shall be formulated by the administrative department of environmental protection under the State Council in conjunction with the competent department of foreign trade under the State Council, the comprehensive macro-economic control department of the State Council, the General Administration of Customs and the quality supervision, inspection and quarantine department of the State Council.

Article 26 If the importer is not satisfied with the inclusion of the imported goods into the scope of solid waste management by the customs, he may apply for administrative reconsideration according to law, or may bring an administrative lawsuit to the people's court.

Section 2 Prevention and Control of Environmental Pollution by Industrial Solid Waste

Article 27 The competent administrative department of environmental protection under the State Council shall, in conjunction with the comprehensive macro-economic control department of the State Council and other relevant departments, define the environmental pollution caused by industrial solid waste, formulate technical policies for the prevention and control of environmental pollution by industrial solid waste, and organize the promotion of advanced production technologies and equipment for the prevention and control of environmental pollution by industrial solid waste.

Article 28 The comprehensive macro-economic control department of the State Council shall, in conjunction with the relevant departments of the State Council, organize the research, development and promotion of production processes and equipment that reduce the amount and harmfulness of industrial solid waste, and publish a list of backward production processes and equipment that produce industrial solid waste that seriously pollutes the environment.

Producers, sellers, importers and users must stop producing, selling, importing or using the equipment listed in the list specified in the preceding paragraph within the time limit specified by the comprehensive economic and macro-control department of the State Council in conjunction with the relevant departments of the State Council. The adopters of production processes must stop using the processes listed in the list mentioned in the preceding paragraph within the time limit specified by the comprehensive economic and macro-control department of the State Council in conjunction with the relevant departments of the State Council.

The eliminated equipment listed in the list of equipment to be eliminated within the time limit shall not be transferred to others for use.

Article 29 The relevant departments of the people's governments at or above the county level shall formulate plans for the prevention and control of environmental pollution by industrial solid waste, promote advanced production processes and equipment that can reduce the amount and harmfulness of industrial solid waste, and promote the prevention and control of environmental pollution by industrial solid waste.

Article 30 Units discharging industrial solid waste shall establish and improve the responsibility system for the prevention and control of environmental pollution and take measures to prevent and control environmental pollution by industrial solid waste.

Article 31 Enterprises and institutions shall reasonably select and utilize raw materials, energy and other resources, adopt advanced production processes and equipment, reduce the amount of industrial solid waste and reduce the harmfulness of industrial solid waste.

Article 32 The State applies a system of declaration and registration of industrial solid waste.

Units discharging industrial solid waste must, in accordance with the regulations of the competent administrative department of environmental protection under the State Council, provide the competent administrative department of environmental protection of the local people's government at or above the county level with relevant information on the type, volume, flow direction, storage and treatment of industrial solid waste.

If there are major changes in the items to be reported as prescribed in the preceding paragraph, they shall be reported in a timely manner.

Article 33 Enterprises and institutions shall utilize the industrial solid waste they produce according to the economic and technical conditions; For those that are not used or cannot be used temporarily, storage facilities and sites must be built in accordance with the provisions of the competent administrative department of environmental protection under the State Council, and stored safely by classification, or harmless treatment measures must be taken.

The construction of facilities and sites for the storage and treatment of industrial solid waste must comply with the national environmental protection standards.

Article 34 It is forbidden to close, leave idle or dismantle facilities and sites for the prevention and control of environmental pollution by industrial solid waste without authorization; If it is really necessary to close, leave idle or dismantle, it must be approved by the competent administrative department of environmental protection of the local people's government at or above the county level, and measures must be taken to prevent environmental pollution.

Article 35 If a unit discharging industrial solid waste needs to terminate, it shall take pollution prevention measures in advance for the facilities and sites for the storage and treatment of industrial solid waste, and properly dispose of the untreated industrial solid waste to prevent environmental pollution.

If the unit that produces industrial solid waste is changed, the changed unit shall, in accordance with the relevant provisions of the State on environmental protection, safely dispose of the untreated industrial solid waste and the facilities and sites for its storage and treatment, or take measures to ensure the safe operation of the facilities and sites. If the parties have agreed otherwise on the responsibility for the prevention and control of pollution of industrial solid waste and its storage and disposal facilities and sites before the change, such agreement shall prevail; However, the parties concerned shall not be exempted from their obligations to prevent and control pollution.

The expenses for the safe disposal of industrial solid waste and its storage and treatment facilities and sites that have not been disposed of by units that have terminated before the implementation of this Law shall be borne by the relevant people's governments; However, if the land use right enjoyed by the unit is transferred according to law, the transferee of the land use right shall bear the disposal costs. If the parties have agreed otherwise, such agreement shall prevail; However, the parties concerned shall not be exempted from their obligations to prevent and control pollution.

Article 36 Mining enterprises shall adopt scientific mining methods and mineral processing techniques to reduce the production and storage of mining solid waste such as tailings, gangue and waste rock.

After the storage facilities for mining solid waste such as tailings, gangue and waste rock are stopped, mining enterprises shall close the site in accordance with the relevant national environmental protection regulations to prevent environmental pollution and ecological damage.

Article 37 The dismantling, utilization and disposal of waste electrical products and waste motor vehicles and vessels shall comply with the provisions of relevant laws and regulations and take measures to prevent environmental pollution.

Section III Prevention and control of environmental pollution by domestic garbage

Article 38 People's governments at or above the county level shall make overall arrangements for the construction of urban and rural domestic garbage collection, transportation and treatment facilities, improve the utilization rate and harmless treatment rate of domestic garbage, promote the industrial development of domestic garbage collection and treatment, and gradually establish and improve the social service system for the prevention and control of environmental pollution caused by domestic garbage.

Article 39 The competent administrative department of environmental health of the local people's government at or above the county level shall organize the cleaning, collection, transportation and disposal of urban domestic garbage, and may select qualified units to engage in the cleaning, collection, transportation and disposal of domestic garbage through bidding and other means.

Article 40 Urban household garbage shall be placed at designated places in accordance with the provisions of the competent administrative department of environmental health, and shall not be dumped, scattered or stacked at will.

Article 41 In cleaning up, collecting, transporting and treating urban household refuse, the State regulations on environmental protection and environmental sanitation shall be observed to prevent environmental pollution.

Article 42 Urban domestic waste shall be cleaned and transported in a timely manner, classified collection and transportation shall be gradually achieved, and rational utilization and harmless treatment shall be actively carried out.

Article 43 Urban people's governments shall improve the fuel structure in a planned way and develop urban gas, natural gas, liquefied gas and other clean energy.

The relevant departments of the urban people's governments shall organize clean vegetables to enter the city to reduce urban household garbage.

The relevant departments of the urban people's governments shall make overall plans, reasonably arrange the purchase outlets, and promote the recycling of domestic garbage.

Article 44 The construction of facilities and sites for treatment of domestic waste must comply with the standards for environmental protection and sanitation set by the competent administrative department for environmental protection under the State Council and the competent administrative department for construction under the State Council.

It is forbidden to close, leave idle or dismantle facilities and sites for domestic waste disposal without authorization; If it is really necessary to close, leave idle or dismantle, it must be approved by the competent administrative department of environmental health and the competent administrative department of environmental protection of the local people's government at or above the county level, and measures must be taken to prevent environmental pollution.

Article 45 The substances recovered from domestic garbage must be used in accordance with the purposes or standards prescribed by the State, and may not be used to produce products that may endanger human health.

Article 46 The construction unit shall timely clear and transport the solid waste generated during the construction of the project, and utilize or dispose of it in accordance with the provisions of the competent administrative department of environmental health.

Article 47 Business units engaged in public transport shall, in accordance with the relevant provisions of the State, clean up and collect domestic garbage generated in the course of transport.

Article 48 Units engaged in the development and construction of new urban areas, the reconstruction of old urban areas and the development and construction of residential quarters, as well as the operation and management units of public facilities and places such as airports, docks, stations, parks, shops, etc., shall, in accordance with the relevant provisions of the State on environmental sanitation, build supporting domestic garbage collection facilities.

Article 49 Specific measures for the prevention and control of environmental pollution by rural household garbage shall be formulated by local laws and regulations.

Chapter IV Special Provisions on the Prevention and Control of Environmental Pollution by Hazardous Wastes

Article 50 The provisions of this Chapter shall apply to the prevention and control of environmental pollution by hazardous waste; Where there are no provisions in this Chapter, other relevant provisions of this Law shall apply.

Article 51 The competent administrative department of environmental protection under the State Council shall, in conjunction with the relevant departments under the State Council, formulate a national list of hazardous waste and stipulate unified identification standards, methods and marks for hazardous waste.

Article 52 Containers and packages of hazardous waste as well as facilities and sites for the collection, storage, transportation and treatment of hazardous waste must be provided with identification marks for hazardous waste.

Article 53 Units that produce hazardous waste must, in accordance with the relevant provisions of the State, formulate a plan for the management of hazardous waste and report to the competent administrative department of environmental protection of the local people's government at or above the county level the type, quantity, flow direction, storage and treatment of hazardous waste.

The plan for the management of hazardous waste mentioned in the preceding paragraph shall include measures to reduce the quantity and harmfulness of hazardous waste and measures for the storage, utilization and disposal of hazardous waste. The hazardous waste management plan shall be submitted to the competent administrative department of environmental protection of the local people's government at or above the county level where the unit producing hazardous waste is located for the record.

In case of any major change in the items to be declared or the contents of the hazardous waste management plan specified in this Article, the declaration shall be made in a timely manner.

Article 54 The competent administrative department of environmental protection under the State Council, in conjunction with the comprehensive macro-economic control department under the State Council, shall organize the preparation of the construction plan for the facilities and sites for centralized treatment of hazardous waste, which shall be implemented after being submitted to and approved by the State Council.

Local people's governments at or above the county level shall organize the construction of facilities and sites for centralized treatment of hazardous waste in accordance with the construction plan for such facilities and sites.

Article 55 Units that produce hazardous waste must dispose of hazardous waste in accordance with the relevant provisions of the State, and may not dump or pile up hazardous waste without authorization; If it does not deal with it, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to make corrections within a time limit; If the waste is not disposed within the time limit or the disposal does not comply with the relevant provisions of the State, the competent administrative department of environmental protection of the local people's government at or above the county level shall designate a unit to dispose of the waste in accordance with the relevant provisions of the State, and the disposal costs shall be borne by the unit that produces the hazardous waste.

Article 56 If the disposal of hazardous waste by landfill does not comply with the provisions of the competent administrative department of environmental protection under the State Council, a fee for discharging hazardous waste shall be paid. The specific measures for the collection of fees for discharge of hazardous waste shall be formulated by the State Council.

The fees for discharging hazardous waste shall be used for the prevention and control of environmental pollution and shall not be used for other purposes.

Article 57 Units engaged in the collection, storage and treatment of hazardous waste must apply to the competent administrative department of environmental protection of the people's government at or above the county level for a business license; Units engaged in the business activities of utilizing hazardous waste must apply to the competent administrative department of environmental protection under the State Council or the competent administrative department of environmental protection under the people's government of provinces, autonomous regions and municipalities directly under the Central Government for a business license. The specific administrative measures shall be formulated by the State Council.

It is prohibited to engage in the collection, storage, utilization and disposal of hazardous waste without or in accordance with the provisions of the business license.

It is prohibited to provide or entrust hazardous waste to units without business licenses for collection, storage, utilization and treatment.

Article 58 Hazardous waste must be collected and stored according to its characteristics. It is prohibited to collect, store, transport and dispose of hazardous wastes that are incompatible in nature and have not been treated safely.

The storage of hazardous waste must take protective measures that meet the national environmental protection standards, and shall not exceed one year; If it is really necessary to extend the time limit, it must be reported to the competent administrative department of environmental protection that originally approved the business license for approval; Unless otherwise provided by laws and administrative regulations.

It is forbidden to mix hazardous waste with non-hazardous waste for storage.

Article 59 Whoever transfers hazardous waste must fill in the transfer form of hazardous waste in accordance with the relevant provisions of the State, and submit an application to the competent administrative department of environmental protection of the local people's government at or above the municipal level in which the hazardous waste is moved out. The competent administrative department of environmental protection of the local people's government at or above the level of the city divided into districts where the hazardous waste is to be removed may approve the transfer of the hazardous waste only after obtaining the consent of the competent administrative department of environmental protection of the local people's government at or above the level of the city divided into districts where the hazardous waste is to be transferred. It shall not be transferred without approval.

If hazardous waste is transferred through administrative areas other than the place of removal or acceptance, the administrative department of environmental protection of the local people's government at or above the municipal level in the place of removal of hazardous waste shall promptly notify the administrative department of environmental protection of the local people's government at or above the municipal level in the district along the way.

Article 60 In the transportation of hazardous waste, measures must be taken to prevent environmental pollution, and the State regulations on the transportation of hazardous goods must be observed.

It is forbidden to carry hazardous waste and passengers on the same means of transport.

Article 61 When sites, facilities, equipment, containers, packages and other articles for the collection, storage, transportation and treatment of hazardous waste are used for other purposes, they must be treated to eliminate pollution before they can be used.

Article 62 Units that produce, collect, store, transport, utilize and treat hazardous waste shall formulate preventive measures and emergency plans for accidents and report to the competent administrative department of environmental protection of the local people's government at or above the county level for the record; The competent administrative department of environmental protection shall carry out inspections.

Article 63 Units that cause serious environmental pollution by hazardous waste due to accidents or other emergencies must immediately take measures to eliminate or reduce the pollution hazards to the environment, promptly notify the units and residents that may be affected by the pollution hazards, and report to the administrative department of environmental protection and the relevant departments of the local people's government at or above the county level where they are located, and accept the investigation and handling.

Article 64 When serious environmental pollution by hazardous waste occurs or there is evidence that it may occur, threatening the safety of the lives and property of residents, the administrative department of environmental protection of the local people's government at or above the county level or other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste must immediately report to the people's government at the corresponding level and the relevant administrative departments of the people's government at the next higher level, The people's government shall take effective measures to prevent or mitigate the harm. The relevant people's government may, as necessary, order the suspension of operations that cause or may cause environmental pollution accidents.

Article 65 The decommissioning expenses of key facilities and sites for centralized treatment of hazardous waste shall be accrued and included in the investment estimate or operating costs. The specific extraction and management measures shall be formulated by the financial department and pricing department of the State Council in conjunction with the administrative department of environmental protection under the State Council.

Article 66 The transit of hazardous waste through the People's Republic of China is prohibited.

Chapter V Legal Liability

Article 67 Where the competent administrative department of environmental protection of the people's government at or above the county level or other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste, in violation of the provisions of this Law, commits one of the following acts, the people's government at the same level or the relevant administrative department of the people's government at a higher level shall order it to make corrections, and the responsible persons in charge and other directly responsible persons shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Failing to make administrative license or handle approval documents according to law;

（2） Failing to investigate and deal with the illegal act after finding it or receiving the report of the illegal act;

（3） Other acts that fail to perform the supervision and management duties according to law.

Article 68 Whoever, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level to stop the illegal act, make corrections within a time limit and impose a fine:

（1） Failing to declare and register industrial solid waste in accordance with the provisions of the State, or resorting to fraud in the declaration and registration;

（2） Failing to build storage facilities and sites for safe classified storage of industrial solid waste that is temporarily unavailable or unusable, or failing to take harmless treatment measures;

（3） Transferring obsolete equipment listed in the list of equipment to be eliminated within a time limit to others for use;

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

（5） Construction of facilities and sites for centralized storage and disposal of industrial solid waste and domestic waste landfills in nature reserves, scenic spots, drinking water source protection areas, basic farmland protection areas and other areas requiring special protection;

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

（7） Failing to take corresponding preventive measures to cause the dispersion, loss, leakage or other environmental pollution of industrial solid waste;

（8） Discarding or scattering industrial solid waste along the way during transportation.

Those who commit one of the acts in the first and eighth paragraphs of the preceding paragraph shall be fined not less than 5000 yuan but not more than 50000 yuan; Those who commit one of the acts specified in the second, third, fourth, fifth, sixth and seventh paragraphs of the preceding paragraph shall be fined not less than 10000 yuan but not more than 100000 yuan.

Article 69 If, in violation of the provisions of this Law, the main works of a construction project are put into production or use without the completion, acceptance or unqualified of the supporting facilities for prevention and control of environmental pollution by solid waste, the competent administrative department of environmental protection that examined and approved the environmental impact assessment documents of the construction project shall order it to stop production or use and may also impose a fine of not more than 100000 yuan.

Article 70 If anyone, in violation of the provisions of this Law, refuses the on-site inspection of the competent administrative department of environmental protection of the people's government at or above the county level or other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste, the department executing the on-site inspection shall order him to make corrections within a time limit; Those who refuse to correct or resort to fraud during inspection shall be fined not less than 2000 yuan but not more than 20000 yuan.

Article 71 If anyone engaged in large-scale livestock and poultry breeding fails to collect, store and dispose of livestock and poultry excrement in accordance with the relevant provisions of the State, thus causing environmental pollution, the competent administrative department of environmental protection of the local people's government at or above the county level shall order him to make corrections within a time limit and may impose a fine of not more than 50000 yuan.

Article 72 Whoever, in violation of the provisions of this Law, produces, sells, imports or uses obsolete equipment or adopts obsolete production techniques shall be ordered to make corrections by the comprehensive macro-economic control department of the people's government at or above the county level; If the circumstances are serious, the comprehensive macro-economic control department of the people's government at or above the county level shall put forward a proposal and submit it to the people's government at the same level to decide to suspend business or close down within the limits of authority prescribed by the State Council.

Article 73 Where the storage facilities for mining solid waste such as tailings, gangue and waste rock are not closed in accordance with the relevant provisions of the State on environmental protection after they have ceased to use, the competent administrative department for environmental protection of the local people's government at or above the county level shall order them to make corrections within a time limit and may impose a fine of not less than 50000 yuan but not more than 200000 yuan.

Article 74 Whoever, in violation of the provisions of this Law on the prevention and control of environmental pollution by urban household refuse, commits one of the following acts shall be ordered by the competent administrative department of environmental health of the local people's government at or above the county level to stop the illegal act, make corrections within a time limit and impose a fine:

（1） Dumping, scattering or stacking domestic garbage at will;

（2） Closing, leaving idle or dismantling domestic waste disposal facilities and sites without authorization;

（3） The project construction unit does not timely clear and transport the solid waste generated during the construction process, causing environmental pollution;

（4） The project construction unit does not utilize or dispose of the solid waste generated in the construction process in accordance with the provisions of the administrative department of environmental health;

（5） Discarding or scattering domestic garbage along the way during transportation.

If a unit commits one of the acts in the first, third and fifth paragraphs of the preceding paragraph, it shall be fined not less than 5000 yuan but not more than 50000 yuan; Those who commit one of the acts in the second and fourth paragraphs of the preceding paragraph shall be fined not less than 10000 yuan but not more than 100000 yuan. An individual who commits one of the acts in items 1 and 5 of the preceding paragraph shall be fined not more than 200 yuan.

Article 75 Whoever, in violation of the provisions of this Law on the prevention and control of environmental pollution by hazardous waste, commits one of the following acts shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level to stop the illegal act, make corrections within a time limit and impose a fine:

（1） Failing to set up identification marks for hazardous waste;

（2） Failing to declare and register hazardous waste in accordance with the provisions of the State, or resorting to fraud in the declaration and registration;

（3） Closing, leaving idle or dismantling facilities and sites for centralized treatment of hazardous waste without authorization;

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

（5） Providing or entrusting hazardous waste to a unit without a business license to engage in business activities;

（6） Failing to fill in the hazardous waste transfer form in accordance with the state regulations or transferring hazardous waste without approval;

（7） Mixing hazardous waste into non-hazardous waste for storage;

（8） Mixed collection, storage, transportation and disposal of incompatible hazardous wastes without safety treatment;

（9） Carrying hazardous waste and passengers on the same means of transport;

（10） Transferring the sites, facilities, equipment, containers, packages and other articles for the collection, storage, transportation and disposal of hazardous waste for other purposes without treatment to eliminate pollution;

（11） Failing to take corresponding preventive measures to cause the dispersion, loss, leakage of hazardous waste or other environmental pollution;

（12） Discarding or scattering hazardous wastes along the way during transportation;

（13） Failing to formulate preventive measures and emergency plans for hazardous waste accidents.

Those who commit one of the acts in items 1, 2, 7, 8, 9, 10, 11, 12 and 13 of the preceding paragraph shall be fined not less than 10000 yuan but not more than 100000 yuan; Anyone who commits one of the acts in Item 3, 5 or 6 of the preceding paragraph shall be fined not less than 20000 yuan but not more than 200000 yuan; Those who commit the fourth act of the preceding paragraph shall pay within a time limit. Those who fail to pay within the time limit shall be imposed a fine of not less than one time but not more than three times the amount of the fee for discharge of hazardous waste.

Article 76 If, in violation of the provisions of this Law, a hazardous waste generator neither disposes of the hazardous waste it produces nor bears the disposal costs that it should bear according to law, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than one time but not more than three times the disposal costs.

Article 77 If anyone engages in the collection, storage, utilization and disposal of hazardous waste without an operation license or in violation of the provisions of the operation license, the competent administrative department of environmental protection of the people's government at or above the county level shall order him to stop the illegal act, confiscate the illegal income and may also impose a fine of not more than three times the illegal income.

Those who do not engage in the activities mentioned in the preceding paragraph in accordance with the provisions of the business license may also have their business license revoked by the licensing authority.

Article 78 Whoever, in violation of the provisions of this Law, dumps, stacks or treats solid waste outside the People's Republic of China into the country, imports solid waste that is prohibited from import or imports solid waste that is restricted from import as raw materials without permission, shall be ordered by the Customs to return the solid waste and may also be fined not less than 100000 yuan but not more than 1 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law. If the importer is unknown, the carrier shall bear the responsibility for returning the solid waste or bear the cost of disposal of the solid waste.

Whoever evades the supervision of the customs and transports solid waste outside the People's Republic of China into the country, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Article 79 Whoever, in violation of the provisions of this Law, transfers hazardous waste through the transit of the People's Republic of China shall be ordered by the Customs to return the hazardous waste and may also be fined not less than 50000 yuan but not more than 500000 yuan.

Article 80 The competent administrative department of environmental protection of the people's government at or above the provincial level shall, in accordance with the law, put forward suggestions on the disposal of solid waste that has entered the country illegally, and the Customs shall make a decision on punishment in accordance with the provisions of Article 78 of this Law; If environmental pollution has been caused, the competent administrative department of environmental protection of the people's government at or above the provincial level shall order the importer to eliminate the pollution.

Article 81 If anyone, in violation of the provisions of this Law, causes serious environmental pollution by solid waste, the competent administrative department of environmental protection of the people's government at or above the county level shall, within the limits of authority prescribed by the State Council, decide on a time limit for treatment; If it fails to complete the task of governance within the time limit, the people's government at the corresponding level shall decide to suspend business or close down.

Article 82 Whoever, in violation of the provisions of this Law, causes an environmental pollution accident by solid waste shall be fined not less than 20000 yuan but not more than 200000 yuan by the competent administrative department of environmental protection of the people's government at or above the county level; If heavy losses are caused, a fine of 30% of the direct losses shall be imposed, but the maximum amount shall not exceed 1 million yuan. The responsible person-in-charge and other directly responsible persons shall be given administrative sanctions according to law; If a major accident of environmental pollution is caused by solid waste, the people's government at or above the county level shall, in accordance with the limits of authority prescribed by the State Council, decide to suspend business or close down.

Article 83 Whoever, in violation of the provisions of this Law, collects, stores, utilizes and treats hazardous waste and causes a major environmental pollution accident, which constitutes a crime, shall be investigated 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.

Disputes over the liability for compensation and the amount of compensation may, at the request of the parties, be mediated by the competent administrative department of environmental protection or other supervisory and administrative departments for the prevention and control of environmental pollution by solid waste; If mediation fails, the parties may bring a lawsuit in a people's court. The parties may also directly bring a lawsuit to the people's court.

The State encourages legal service institutions to provide legal assistance to victims in the lawsuit of environmental pollution by solid waste.

Article 85 Whoever causes environmental pollution by solid waste shall eliminate the hazards, compensate for the losses according to law, and take measures to restore the environment to its original state.

Article 86 In a lawsuit for compensation for damage caused by environmental pollution by solid waste, the offender shall bear the burden of proof for the exemption provided by law and the absence of causal relationship between his act and the result of the damage.

Article 87 In the case of a dispute over the liability for damages and the amount of compensation for environmental pollution caused by solid waste, the parties concerned may entrust an environmental monitoring institution to provide monitoring data. The environmental monitoring institution shall accept the entrustment and provide relevant monitoring data truthfully.

Chapter VI Supplementary Provisions

Article 88 The meaning of the following terms in this Law:

（1） Solid waste refers to solid, semi-solid and gaseous articles and substances that have lost their original use value or have not lost their use value but have been abandoned or abandoned in production, living and other activities, as well as articles and substances that are included in the management of solid waste according to laws and administrative regulations.

（2） Industrial solid waste refers to solid waste generated in industrial production activities.

（3） Domestic garbage refers to the solid waste generated in daily life or in the activities of providing services for daily life and the solid waste that is regarded as domestic garbage according to laws and administrative regulations.

（4） Hazardous waste refers to solid waste with hazardous characteristics listed in the national hazardous waste list or identified according to the identification standards and methods of hazardous waste set by the State.

（5） Storage refers to the activity of temporarily placing solid waste in specific facilities or places.

（6） Disposal refers to the activities of burning solid waste and using other methods to change the physical, chemical and biological characteristics of solid waste to reduce the quantity of solid waste generated, reduce the volume of solid waste, reduce or eliminate its hazardous components, or finally placing solid waste in landfills that meet the requirements of environmental protection regulations.

（7） Utilization refers to the activity of extracting substances from solid waste as raw materials or fuels.

Article 89 This Law shall apply to the prevention and control of pollution by liquid waste; However, the prevention and control of pollution of wastewater discharged into water bodies shall be governed by relevant laws, not this Law.

Article 90 Where the provisions of the international treaties relating to the prevention and control of environmental pollution by solid waste concluded or acceded to by the People's Republic of China are different from those of this Law, the provisions of the international treaties shall apply; However, the provisions on which the People's Republic of China has declared reservations are excluded.

Article 91 This Law shall enter into force as of April 1, 2005.