D6 Regulations of Jiangsu Province on the Prevention and Control of Environmental Pollution by Solid Wastes

(Adopted at the 11th meeting of the Standing Committee of the 11th People's Congress of Jiangsu Province on September 23, 2009, and amended for the first time according to the Decision of the Standing Committee of the 11th People's Congress of Jiangsu Province on Amending the Regulations on the Prevention and Control of Environmental Pollution by Solid Wastes of Jiangsu Province at the 26th meeting of the Standing Committee of the 12th People's Congress of Jiangsu Province on January 12, 2012, according to the 30th meeting of the Standing Committee of the 12th People's Congress of Jiangsu Province on June 3, 2017 The second revision of the Decision on Amending the Twenty-six Local Laws and Regulations of Jiangsu Province on the Prevention and Control of Environmental Pollution by Solid Wastes)
　　

catalogue

Chapter I General Provisions

Chapter II General Provisions on the Prevention and Control of Environmental Pollution by Solid Waste

Chapter III Prevention and Control of Environmental Pollution by Urban and Rural Domestic Garbage

Chapter IV Prevention and Control of Environmental Pollution by Hazardous Wastes

Chapter V Prevention and Control of Environmental Pollution by Other Solid Wastes

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes and other laws and administrative regulations, in combination with the actual situation of the province, in order to prevent and control environmental pollution by solid waste, protect human health, maintain ecological safety, and promote sustainable economic and social development.

Article 2 These Regulations are applicable to the prevention, control, supervision and management of environmental pollution by solid waste within the administrative region of the province.

Article 3 The prevention and control of environmental pollution by solid waste shall adhere to the principle of giving priority to environmental protection, implement the principles of reducing the amount and harmfulness of solid waste, making full and reasonable use of solid waste and harmless treatment of solid waste, and promote the development of cleaner production and circular economy.

Article 4 The local people's governments at or above the county level shall incorporate the prevention and control of environmental pollution by solid waste into the national economic and social development plans, increase investment, strengthen technical strength, establish and improve the responsibility system for environmental protection objectives, and improve the ability to prevent and control environmental pollution by solid waste.

Local people's governments at all levels should strengthen the comprehensive improvement of the rural environment and the prevention and control of environmental pollution by rural solid waste.

Article 5 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, and shall be responsible for urging, guiding and coordinating other relevant departments to do a good job in the supervision and management of the prevention and control of environmental pollution by solid waste. The solid waste management agency under the municipal environmental protection administrative department divided into districts is responsible for the specific work of supervision and management of the prevention and control of environmental pollution by solid waste.

The administrative department of environmental health under the local people's government at or above the county level is responsible for the guidance, coordination, supervision and management of the cleaning, collection, storage, transportation and disposal of domestic garbage.

The development and reform, health, transportation, agriculture, public security and other 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 their respective functions and responsibilities.

Article 6 Local people's governments at all levels shall strengthen the publicity and education of the knowledge of prevention and control of environmental pollution by solid waste, and advocate a production and lifestyle conducive to environmental protection. Press units should strengthen publicity and public opinion supervision on the prevention and control of environmental pollution by solid waste.

Article 7 Units and individuals discharging solid waste shall take measures to prevent or reduce environmental pollution by solid waste.

All units and individuals have the right to report and accuse the units and individuals that cause environmental pollution by solid waste.

Chapter II General Provisions on the Prevention and Control of Environmental Pollution by Solid Waste

Article 8 The local people's governments at or above the county level and their relevant departments shall take measures to actively promote the construction of the system of classified recovery and utilization of solid waste, encourage and support the reuse of solid waste and improve the utilization rate of solid waste.

Article 9 The competent administrative department of environmental protection of the local people's government at or above the county level shall regularly publish information on the types, production and disposal of solid waste through government websites, bulletins, newspapers, radio and television, and gradually establish and improve the information inquiry system to provide convenience and services for the public to inquire and obtain relevant information.

Article 10 Units that produce industrial solid waste shall establish archives of the types, quantities, flow directions, storage and disposal of industrial solid waste and report to the competent administrative department of environmental protection of the local people's government at or above the county level for registration on an annual basis. In case of any major change in the registered items, it shall report to the original registration authority within 10 working days from the date of the change.

The competent administrative department of environmental protection of the local people's government at or above the county level shall gradually establish an online declaration information platform for industrial solid waste.

Article 11 Solid waste shall be subject to centralized treatment. The provincial plan for the construction of centralized solid waste disposal facilities shall be formulated by the provincial development and reform department in conjunction with environmental protection and other relevant departments according to the needs of local disposal of solid waste, and shall be implemented after being approved by the provincial people's government.

The local people's governments at or above the county level shall organize the construction of centralized treatment facilities for hazardous waste and medical waste in accordance with the provincial plan for the construction of centralized treatment facilities for solid waste and the requirements of urban and rural planning.

The local people's governments at or above the county level shall formulate and improve supporting economic and technical policies, encourage and support all kinds of capital to invest in the construction and operation of centralized solid waste treatment facilities in accordance with relevant regulations and technical standards.

Article 12 The operating units of the centralized treatment facilities for solid waste shall, in accordance with the provisions, provide paid services to the units and individuals that generate solid waste, collect fees for the treatment of solid waste, and ensure the normal operation of the centralized treatment facilities for solid waste.

The competent pricing administrative department of the provincial people's government shall formulate administrative measures for the collection of fees for solid waste disposal. The charging standards for the disposal of hazardous waste and medical waste shall be formulated by the price administrative department of the municipal people's government divided into districts in conjunction with the administrative departments of environmental protection and health, and shall be submitted to the people's government at the same level for approval before implementation. The specific charging standards for domestic waste treatment fees shall be formulated by the price administrative departments of the people's governments of cities and counties (cities) divided into districts in conjunction with the financial and environmental health administrative departments, and shall be submitted to the people's governments at the same level for approval before implementation, and reported to the provincial people's governments for price, finance, housing and urban and rural construction administrative departments for the record.

Article 13 No unit or individual may arbitrarily designate operators for the collection, storage, transportation and treatment of solid waste, or set up regional barriers to interfere with the normal business activities of the collection, storage, transportation and treatment of solid waste.

Article 14 The fake and shoddy articles collected by the administrative and law enforcement departments that need to be destroyed shall be disposed of in a manner that meets the requirements of environmental protection. It is forbidden to burn them in the open air or fill them without authorization.

Article 15 Where a unit that produces, collects, stores, uses or treats industrial solid waste terminates or relocates, it shall monitor and evaluate the degree of pollution of the soil and groundwater at its original site in advance, prepare an environmental risk assessment report, and report it to the competent administrative department of environmental protection of the local people's government at or above the county level for the record; If the soil or groundwater at the original site is polluted, environmental remediation shall be carried out.

The costs of environmental monitoring, assessment and remediation shall be borne by the units that generate, collect, store, utilize and dispose industrial solid waste and cause pollution.

Chapter III Prevention and Control of Environmental Pollution by Urban and Rural Domestic Garbage

Article 16 The competent administrative departments of housing and urban and rural construction of the provincial people's government shall strengthen guidance on the preparation of professional environmental sanitation plans and the construction of urban and rural household garbage cleaning, collection, transportation and disposal systems.

The specialized environmental sanitation plan shall be prepared by the competent environmental sanitation administrative department of the municipal and county people's governments in accordance with the prescribed authority and procedures, and shall be submitted to the people's governments at the same level for approval and implementation after being examined by the competent environmental sanitation administrative department at the next higher level. The professional environmental sanitation plan shall include the prevention and control of domestic garbage pollution.

Units engaged in the development of new urban areas, renovation of old urban areas, residential development, and construction and development of villages and towns, as well as the operation and management units of airports, wharves, stations, parks, stores and other places and public facilities, shall, in accordance with the professional environmental sanitation planning and environmental sanitation standards, build supporting domestic garbage collection facilities.

Article 17 The construction, reconstruction and expansion of domestic waste treatment facilities shall strictly comply with the provisions on the management of construction projects and conform to the professional environmental sanitation plan. The environmental impact statement or environmental impact statement shall be submitted to the competent administrative department of environmental protection for approval; The development and reform department shall seek the opinions of the environmental health administrative department at the same level when approving or approving the project.

Article 18 Promote the classified collection of domestic garbage. The specific measures for the classified collection and management of domestic waste shall be formulated by the people's governments of cities and counties (cities) divided into districts in accordance with the national regulations and in combination with the final disposal methods of local domestic waste, and shall be published to the public.

Enterprises engaged in the commercial cleaning, collection, transportation and disposal of urban domestic waste shall obtain a service license in accordance with the provisions of the State.

Article 19 The food and kitchen waste generated by catering, entertainment, hotels and other service enterprises as well as government agencies, schools and other units shall be separately collected, stored, transported, treated or utilized.

Advocate the listing of clean vegetables and civilized meals to reduce the amount of kitchen waste.

Article 20 Encourage the use of new technologies and new processes for the comprehensive utilization of construction waste, and give priority to the use of comprehensive utilization products of construction waste.

If the construction unit needs to dispose of construction waste, it shall apply to the local environmental health administrative department for approval of construction waste disposal before the commencement of the project in accordance with relevant regulations. The establishment of construction waste disposal sites shall be approved by the local administrative department of environmental sanitation.

Article 21 The construction unit shall set up an independent construction waste collection site at the construction site, harden the ground at the entrance and exit of the construction site, and set up cleaning facilities and equipment to clean the vehicles leaving the site to prevent environmental pollution.

The construction waste shall be transported to the designated disposal site at the specified time and route by means of closed transport.

Article 22 Units and individuals engaged in highway, railway, civil aviation and waterway transportation operations shall collect and dispose of domestic garbage generated in transportation activities in accordance with the relevant national and provincial regulations.

Article 23 The people's governments of cities and counties (cities, districts) divided into districts shall establish and improve the mechanisms of cleaning, village collection, township (town) transfer, and county (city, district) centralized disposal of rural domestic waste, and provide financial subsidies and support for the cleaning, collection, transportation and disposal of rural domestic waste.

The township (town) people's government shall strengthen the organization and implementation of the cleaning, collection and transfer of rural household garbage.

Article 24 The people's governments of cities and counties (cities and districts) divided into districts shall make overall plans for the construction of urban and rural domestic garbage collection and transportation systems and harmless treatment facilities, and gradually realize the co-construction and sharing between urban and rural areas.

The construction of domestic waste disposal facilities shall adopt advanced technology and equipment, and conform to the standards of environmental protection and sanitation. Encourage the use of advanced technologies such as incineration and power generation to dispose domestic waste.

For the domestic waste disposal facilities that have been completed and put into operation, the administrative departments of housing and urban and rural construction of the provincial people's government shall assess the harmless level according to the environmental health standards.

Article 25 The competent administrative department of environmental health of the local people's government at or above the county level shall, together with the relevant departments, formulate emergency plans for the cleaning, collection, transportation and disposal of urban domestic garbage.

Enterprises engaged in operational cleaning, collection, transportation and disposal of urban domestic waste shall formulate emergency plans for domestic waste pollution emergencies and report them to the local environmental health administrative department for the record.

Chapter IV Prevention and Control of Environmental Pollution by Hazardous Wastes

Article 26 Units that produce hazardous waste shall, in accordance with the relevant provisions of the State and the measures for prevention and control of hazardous waste pollution determined in the environmental impact assessment documents, formulate a plan for the management of hazardous waste on an annual basis, and submit the plan for the management of hazardous waste for the next year to the competent administrative department of environmental protection of the local people's government at or above the county level for the record before November 30 of each year.

Article 27 Under any of the following circumstances, the unit that produces hazardous waste shall, within 10 working days from the date of change, report to the competent administrative department of environmental protection of the local people's government at or above the county level and adjust the hazardous waste management plan accordingly:

（1） The category of hazardous waste generated has changed;

（2） The amount of hazardous waste generated exceeds 20% or is less than 50% of the estimated amount;

（3） Changes in the equipment and process for self-use and disposal of hazardous waste;

（4） Entrusting others to collect, store, utilize or dispose of, and the entrusted party changes;

（5） Other major changes.

Article 28 Units that produce hazardous waste shall establish a standing book of hazardous waste production, truthfully record the name, category, time, quantity and destination of hazardous waste, and keep it for more than five years.

If the unit that produces hazardous waste terminates, it shall submit the account to the local county (city, district) environmental protection administrative department for filing and management.

Article 29 An application for the transfer of hazardous waste shall meet the following conditions:

（1） The hazardous waste receiving unit holds the hazardous waste business license and agrees to accept it;

（2） The packaging and transportation of hazardous waste shall comply with relevant national standards, technical specifications and requirements;

（3） There are measures to prevent environmental pollution in the process of hazardous waste transfer and emergency rescue plan for accidents;

（4） Other conditions stipulated by laws and regulations.

Article 30 To transfer hazardous waste, a copy of the hazardous waste transfer form shall be filled out in accordance with the relevant provisions of the State and submitted to the competent administrative department of environmental protection of the local people's government of the city with districts in the place of transfer and the place of acceptance. If there is no transfer slip, the transport unit shall not carry the goods, and the storage, utilization and disposal unit shall not accept them.

The competent administrative department of environmental protection of the local people's government of a city divided into districts at the place of removal and the place of reception shall make the examination and approval results of the transfer of hazardous waste public and regularly report to the competent administrative department of environmental protection at the next higher level.

Article 31 The transfer of hazardous waste outside the administrative area of the province to the province for storage or treatment shall be strictly controlled.

Article 32 The collection, storage, utilization and treatment of hazardous waste shall follow the principle of centralized and close proximity.

The newly-built facilities for centralized collection, storage, utilization or treatment of hazardous waste shall maintain sufficient safety protection distance from environmentally sensitive targets such as organs, schools, hospitals, concentrated residential areas, etc. No new environmentally sensitive targets shall be built within the safety protection distance of the existing facilities for centralized collection, storage, utilization and disposal of hazardous waste.

Article 33 Units engaged in the collection, storage, utilization and treatment of hazardous waste shall obtain a business license for hazardous waste.

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 individuals or units without business licenses for collection, storage, utilization and treatment.

Article 34 Units engaged in the business activities of utilizing hazardous waste shall meet the following conditions and apply for the business license of hazardous waste from the competent administrative department of environmental protection with the authority:

（1） There are more than two technicians with intermediate or higher professional titles in environmental engineering or related disciplines;

（2） Have packaging tools, transit and temporary storage facilities and equipment that meet the national or local environmental protection standards and safety requirements, and storage facilities and equipment that have passed the acceptance;

（3） There are utilization technologies and processes appropriate to the category of hazardous waste used;

（4） There are rules and regulations, pollution prevention measures and accident emergency plans to ensure the safety of hazardous waste utilization;

（5） There are reasonable disposal plans or measures for the wastes generated in the process of hazardous waste utilization.

Raw materials or fuels produced from hazardous waste shall meet the relevant national standards for product quality; In the absence of national or industrial standards, enterprise standards shall be formulated and reported to the standardization administrative department for the record.

Article 35 Hazardous waste disposal units shall keep the record book of hazardous waste disposal for more than 10 years, and the record book of hazardous waste disposal by landfilling shall be permanently kept, and permanent hazardous waste identification marks shall be set up at the places where hazardous waste is landfilled.

Article 36 Colleges, universities, scientific research institutes and other relevant units shall establish a system for the classification and registration of laboratory waste, strengthen the management of waste reagents, waste reagents, laboratory animal carcasses and other laboratory waste generated by their laboratories, and prevent them from polluting the environment and endangering public health.

The liquid waste produced by the laboratory shall be temporarily stored by category and shall not be dumped directly. Expired, invalid and redundant chemicals shall be stored in special storage places by category, and shall not be discarded or buried without authorization.

The hazardous waste produced by the laboratory shall be regularly entrusted to a qualified unit for disposal.

Article 37 If a medical and health institution finds that the medical waste disposal unit fails to collect the medical waste on time, or the medical waste disposal unit finds that the medical waste is improperly classified and collected by the medical and health institution, or that the quantity of medical waste has changed significantly without reason, it shall timely report to the administrative department of environmental protection and public health. The competent administrative departments of environmental protection and public health that have received the report shall promptly investigate and deal with it according to law.

Article 38 The decommissioning costs of comprehensive and regional facilities and sites for centralized treatment of hazardous waste shall be accrued and included in the investment estimate; If the decommissioning expenses are not included in the investment estimate, a certain proportion of expenses can be accrued from the disposal fees as decommissioning expenses and included in the operating costs. The decommissioning expenses shall be used for the maintenance and monitoring expenses and other related expenses after the decommissioning of facilities and sites, and shall not be used for other purposes. The specific withdrawal and management measures for decommissioning expenses shall be formulated by the financial and pricing administrative departments of the provincial people's government in conjunction with the environmental protection administrative departments of the provincial people's government.

Article 39 Encourage and support insurance enterprises to develop environmental pollution liability insurance related to hazardous waste; Encourage and support units that produce, collect, store, transport, utilize and dispose hazardous waste to purchase environmental pollution liability insurance.

Article 40 Specific measures for the prevention and control of environmental pollution by hazardous waste shall be formulated by the competent administrative department of environmental protection of the provincial people's government and implemented after being submitted to and approved by the provincial people's government.

The list of hazardous wastes shall be formulated and published by the administrative department of environmental protection of the provincial people's government in conjunction with the relevant departments of the province.

Chapter V Prevention and Control of Environmental Pollution by Other Solid Wastes

Article 41 The local people's governments at or above the county level shall take measures to organize the construction of regional disposal facilities for sludge generated from water treatment, research and promote the treatment and treatment technology of sludge generated from water treatment, guide the comprehensive utilization of sludge generated from water treatment, and promote the harmless treatment of sludge generated from water treatment.

A certain proportion of funds shall be drawn from the urban sewage treatment fee for the disposal of sludge produced by urban sewage treatment facilities.

Article 42 Units that produce sludge from sewage treatment shall establish a management account for sludge from sewage treatment and dispose it in accordance with relevant regulations to prevent environmental pollution; The collection, storage, transportation, utilization and treatment of hazardous waste shall comply with the relevant provisions on the prevention and control of environmental pollution by hazardous waste.

Article 43 For the construction, reconstruction and expansion of sewage treatment facilities, the environmental impact assessment documents shall include the sludge utilization or disposal plan.

For self-use and disposal of sludge, supporting facilities for sludge utilization or disposal shall be constructed and designed, constructed and put into use at the same time as sewage treatment facilities; Those who do not use or dispose of sludge by themselves shall report the entrusted use or disposal of sludge to the competent administrative department of environmental protection of the local people's government at or above the county level before the trial operation of the sewage treatment facilities.

Article 44 A waterworks shall conduct centralized treatment of the sludge water generated in the production process. The treated wastewater discharged into the water body shall meet the national standards, and the sludge shall be comprehensively utilized or safely disposed.

Article 45 Units (including individual businesses) engaged in the dismantling, utilization and disposal of electronic waste other than waste electrical and electronic products that meet the conditions prescribed by the State shall be listed in the directory or temporary directory of dismantling, utilization and disposal units by the administrative department of environmental protection of the people's government at or above the level of cities divided into districts, and shall be published to the public.

Units engaged in the dismantling, utilization and disposal of electronic waste shall dismantle, utilize and dispose of electronic waste in accordance with relevant national regulations and technical specifications to prevent environmental pollution.

Chapter VI Legal Liability

Article 46 If 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 commits any of the following acts, the people's government at the corresponding level or the relevant administrative department of the people's government at a higher level shall order it to make corrections, and the responsible person 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 a licensing decision 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） Illegal implementation of administrative penalty;

（4） Unauthorized designation of operators for the collection, storage, transportation and treatment of solid waste;

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

Article 47 If anyone, in violation of the provisions of these Regulations, fails to declare and register hazardous waste in accordance with the provisions, or practices fraud in the declaration and registration, the competent administrative department of environmental protection of the local people's government at or above the county level shall order him to stop the illegal act, make corrections within a time limit, and impose a fine of not less than 10000 yuan but not more than 100000 yuan.

Article 48 In case of violation of the provisions of these Regulations by failing to fill in the transfer form of hazardous waste in accordance with the provisions of the State, and the transport unit accepts the form of transportation, storage, utilization and disposal, the competent administrative department of environmental protection of the local people's government at or above the county level shall order the violator to correct the illegal act and impose a fine of not less than 20000 yuan but not more than 200000 yuan.

Article 49 Those who, in violation of the provisions of these Regulations, engage in hazardous waste business activities without a business license or in violation of the provisions of the business license shall be ordered by the competent administrative department of environmental protection of the local people's government at or above the county level to stop the illegal act, confiscate the illegal income, and may also be fined not less than one time but not more than three times the illegal income.

Those who, in violation of the provisions of these Regulations, provide or entrust hazardous waste to individuals or entities without business licenses to engage in business activities shall be ordered by the administrative department of environmental protection of the local people's government at or above the county level to stop the illegal act, make corrections within a time limit, and be fined not less than 20000 yuan but not more than 200000 yuan.

Those who do not engage in business activities in accordance with the provisions of the business license may also have their business license revoked by the competent administrative department of environmental protection that issued the license.

Article 50 Those who, in violation of the provisions of these Regulations, fail to establish a management account for sludge generated from sewage treatment, or fail to truthfully record the account for hazardous waste generation, or fail to keep it as required, shall be ordered to make corrections within a time limit and given a warning by the administrative department of environmental protection of the local people's government at or above the county level; If it fails to make corrections within the time limit, it shall be fined not less than 10000 yuan but not more than 50000 yuan.

Chapter VII Supplementary Provisions

Article 51 Solid waste refers to solid, semi-solid and gaseous articles and substances in containers that have lost their original use value or have not lost their use value but have been abandoned or abandoned, as well as articles and substances that are included in the management of solid waste according to the provisions of laws and administrative regulations.

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.

Hazardous waste refers to waste that does not belong to hazardous waste but contains toxic and harmful substances, or that will inevitably produce toxic and harmful substances in the process of utilization and disposal.

Article 52 These Regulations shall not apply to the prevention and control of marine environmental pollution by solid waste and the prevention and control of environmental pollution by radioactive solid waste.

These Regulations shall apply to the prevention and control of pollution by liquid waste. However, the prevention and control of pollution of wastewater discharged into the water body shall be governed by relevant laws and regulations, not these Regulations.

Article 53 These Regulations shall come into force as of January 1, 2010.