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The Second Revision of the Measures for the Administration of Hazardous Waste Business Permits

(Promulgated by Order No. 408 of The State Council of the People’s Republic of China on 30 May 2004, revised for the first time in accordance with the Decision of The State Council on Amending Some Administrative Regulations on 7 December 2013 and revised for the second time in accordance with the Decision of The State Council on Amending Some Administrative Regulations on 6 February 2016)

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste for the purpose of strengthening the supervision and administration of the collection, storage and disposal of hazardous waste and preventing and controlling environmental pollution by hazardous waste.

Article 2 The units engaged in the collection, storage and treatment of hazardous waste within the territory of the People’s Republic of China shall obtain the hazardous waste operation license in accordance with the provisions of these Measures.

Article 3 The operation license for hazardous waste shall, according to the operation mode, be divided into the comprehensive operation license for collection, storage and treatment of hazardous waste and the hazardous waste collection operation License.

The units that have obtained the comprehensive operation license for hazardous waste may engage in the collection, storage and treatment of various types of hazardous waste.Units that have obtained licenses for hazardous waste collection and operation may only engage in hazardous waste collection and operation activities of waste mineral oil generated in motor vehicle maintenance and waste cadmium-nickel batteries generated in daily life of residents.

Article 4 The competent environmental protection departments of the people’s governments at or above the county level shall be responsible for the examination, approval, issuance, supervision and administration of hazardous waste operation licenses in accordance with the provisions of these Measures.

Chapter II Conditions for application for hazardous waste Management License

Article 5 An application for a comprehensive operation license for collection, storage and treatment of hazardous waste shall meet the following requirements:

(1) It shall have at least 3 technical personnel with intermediate titles of environmental engineering or related majors and at least 3 years of solid waste pollution control experience;

(2) having the means of transport that meet the safety requirements of the competent transportation department under The State Council for the transport of dangerous goods;

(3) having packaging tools, transit and temporary storage facilities and equipment that meet the national or local environmental protection standards and safety requirements, as well as storage facilities and equipment that are qualified after acceptance;

(4) it shall have disposal facilities, equipment and supporting pollution prevention and control facilities that conform to the national or provincial, autonomous region or municipality directly under the Central Government’s construction plan for hazardous waste disposal facilities and meet the national or local environmental protection standards and safety requirements;The facilities for centralized treatment of medical waste shall also meet the sanitary standards and requirements of the state for the disposal of medical waste;

(5) it has the disposal technology and process suitable for the type of hazardous waste it handles;

(6) There are rules and regulations for ensuring the safety of hazardous waste operation, measures for pollution prevention and control and measures for emergency rescue of accidents;

(7) To dispose of hazardous waste by landfill, the land-use right of the landfill site shall be obtained according to law.

Article 6 To apply for a hazardous waste collection operation license, the following conditions shall be met:

(1) Rain and seepage proof means of transport;

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

(3) There are rules and regulations for ensuring the safety of hazardous waste operation, pollution prevention and control measures and emergency rescue measures.

Chapter III Procedures for applying for hazardous Waste Management License

Article 7 The state shall examine and approve hazardous waste management licenses at different levels.

The hazardous waste operation license of the centralized medical waste disposal unit shall be examined and approved by the competent environmental protection department of the people’s government of the city divided into districts where the centralized medical waste disposal facility is located.

The hazardous waste collection and operation license shall be examined and approved by the competent environmental protection department of the people’s government at the county level.

The operation licenses for hazardous waste other than those specified in the second and third paragraphs of this Article shall be examined and approved by the competent environmental protection departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 8 The units that apply for the hazardous waste management license shall, before engaging in hazardous waste management activities, file an application with the license-issuing authorities, and the certification materials for the conditions as prescribed in Article 5 or Article 6 of these Measures shall be attached.

Article 9 The license-issuing authority shall examine the certification materials submitted by the applicant within 20 working days from the date of accepting the application, and make on-the-spot inspection of the operating facilities of the applicant.If it meets the requirements, it shall issue a hazardous waste operation license and make an announcement;If the applicant fails to meet the requirements, he shall notify the applicant in writing and explain the reasons.

Before issuing the hazardous waste management license, the license-issuing authority may, according to actual needs, solicit the opinions of the competent departments of public health, urban and rural planning and other relevant experts.

Article 10 The operation license for hazardous waste shall include the following contents:

(1) the name, legal representative and address of the legal person;

(2) hazardous waste management method;

(3) Categories of hazardous waste;

(4) Annual business scale;

(5) Term of validity;

(6) Issuing date and certificate number.

The contents of the comprehensive operation license for hazardous waste shall also include the addresses of the storage and treatment facilities.

Article 11 Where a hazardous waste management unit changes its legal person name, legal representative or domicile, it shall, within 15 working days from the date of registration of the change of industry and commerce, apply to the original license-issuing authority for the change of its hazardous waste management license.

Article 12 Under any of the following circumstances, the hazardous waste management unit shall apply for a new hazardous waste management license according to the original application procedures:

(1) changing the management mode of hazardous waste;

(2) adding categories of hazardous waste;

(3) building, rebuilding or expanding the original hazardous waste management facilities;

(4) handling hazardous waste exceeding the original approved annual scale by more than 20%.


Post time:Jun-24-2022

Post time: 2023-12-29 14:05:34

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