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

Article 13 The term of validity of the comprehensive operation license for hazardous waste is 5 years.The hazardous waste collection operation permit is valid for 3 years.

If the hazardous waste operation license expires and the hazardous waste management entity continues to engage in hazardous waste operation activities, it shall apply for a replacement of the license to the original license issuing authority 30 working days prior to the expiration of the license.The original license-issuing authority shall examine the application for replacement within 20 working days from the date of accepting the application. If the application meets the requirements, it shall renew the certificate.If the applicant fails to meet the requirements, he shall notify the applicant in writing and explain the reasons.

Article 14 If the hazardous waste management unit terminates its business activities of collecting, storing and treating hazardous waste, it shall take measures to prevent and control pollution of its business facilities and sites and properly dispose of the hazardous waste that has not been disposed of.

The hazardous waste management unit shall, within 20 working days from the date of taking the measures prescribed in the preceding paragraph, apply for cancellation to the original license issuing authority, which shall cancel the hazardous waste operation license after on-site verification.

Article 15 It is forbidden to collect, store or treat hazardous waste without an operation license or in accordance with the provisions of the operation license.

It is prohibited to import electronic hazardous waste from outside the People’s Republic of China or transfer electronic hazardous waste through the People’s Republic of China.

It is forbidden to provide or entrust hazardous waste to units without operation licenses for collection, storage and treatment.

Forging, altering or transferring the hazardous waste operation license is prohibited.

Chapter IV Supervision and Administration

Article 16 The competent environmental protection administrations of the local people’s governments at or above the county level shall, before March 31 of each year, report to the competent environmental protection administrations of the people’s governments at the next higher level the issuance of hazardous waste operation licenses for the previous year for the record.

The competent environmental protection administrative departments at higher levels shall strengthen their supervision and inspection of the examination and approval of hazardous waste operation licenses issued by the competent environmental protection administrative departments at lower levels, and timely correct the illegal acts in the process of examination and approval of hazardous waste operation licenses issued by the competent environmental protection administrative departments at lower levels.

Article 17 The competent environmental protection administrative departments of the people’s governments at or above the county level shall strengthen their supervision and inspection of hazardous waste management units by means of written verification and on-the-spot inspection, and record the supervision and inspection situation and treatment results, which shall be filed after being signed by the supervision and inspection personnel.

The public shall have the right to consult the supervision and inspection records of the competent environmental protection departments of the people’s governments at or above the county level.

The competent environmental protection administrations of the people’s governments at or above the county level shall order the hazardous waste handling units to make rectification within a time limit if they discover that their business activities do not conform to the conditions for issuing the original license.

Article 18 The competent environmental protection administrations of the people’s governments at or above the county level shall have the power to require hazardous waste management units to report regularly on their hazardous waste management activities.The hazardous waste management units shall establish a record book of hazardous waste management, truthfully recording the categories, sources and whereabouts of the hazardous waste collected, stored and treated, and whether there are accidents and other matters.

The hazardous waste management unit shall keep the record book of hazardous waste operation for more than 10 years, and the record book of hazardous waste disposal by landfill shall be kept permanently.Where business operations are terminated, the hazardous waste management record book shall be handed over to the competent environmental protection administrative department of the local people’s government at or above the county level for archival management.

Article 19 The competent environmental protection administrations of the people’s governments at or above the county level shall establish and improve the archival management system for hazardous waste operation licenses, and regularly make public the examination and approval of the issuance of hazardous waste operation licenses.

Article 20 The units that have obtained licenses for hazardous waste collection and operation shall sign a receiving contract with the disposal units, and provide or entrust the collected waste mineral oil and waste cadmium-nickel batteries to the disposal units for disposal within 90 working days.

Article 21 Hazardous waste management facilities shall be treated harmlessly before being abandoned or converted to other uses.

Upon the expiration of the service term of the operation facilities for the landfill of hazardous waste, the hazardous waste management units shall, in accordance with relevant regulations, take measures to seal up the land where hazardous waste has been buried and set up permanent marks in the delimited closed areas.

Chapter V Legal Liability

Article 22 Whoever violates the provisions of Article 11 of these Measures shall be ordered by the competent department of environmental protection of the local people’s government at or above the county level to make corrections within a prescribed time limit and given a warning.If it fails to correct within the time limit, the original license-issuing authority shall temporarily withhold the hazardous waste operation license.

Article 23 Whoever violates paragraph 2 of Article 12 and Article 13 of these Measures shall be ordered by the competent department of environmental protection of the local people’s government at or above the county level to stop the illegal act;The illegal gains, if any, shall be confiscated;If the illegal gains exceed 100,000 yuan, a fine of not less than one time but not more than two times the illegal gains shall also be imposed;If there is no illegal income or the illegal income is less than 100,000 yuan, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.

Article 24 Whoever violates the provisions of Paragraph 1 of Article 14 or Article 21 of these Measures shall be ordered by the competent department of environmental protection of the local people’s government at or above the county level to make corrections within a prescribed time limit;Those who fail to correct within the time limit shall be fined not less than 50,000 yuan but not more than 100,000 yuan;If a pollution accident is caused and a crime is constituted, criminal responsibility shall be investigated according to law.

Article 25 Whoever violates the provisions of the first, second and third paragraphs of Article 15 of these Measures shall be punished in accordance with the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste.

In case of violation of paragraph 4 of Article 15 of these Measures, the competent environmental protection department of the local people’s government at or above the county level shall confiscate the hazardous waste operation license or the original license-issuing organ shall revoke the hazardous waste operation license and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 26 Whoever violates article 18 of these Measures shall be ordered by the competent department of environmental protection of the local people’s government at or above the county level to make corrections within a prescribed time limit and given a warning.If it fails to correct within the time limit, the original license-issuing authority shall temporarily withhold or revoke its hazardous waste operation license.

Article 27 Whoever violates The provisions of Article 20 of these Measures shall be ordered by the competent department of environmental protection of the local people’s government at or above the county level to make corrections within a prescribed time limit and given a warning.Those who fail to correct within the time limit shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan, and may have their hazardous waste operation license temporarily withheld or revoked by the original license-issuing authority.

Article 28 If a hazardous waste management unit is ordered to make rectification within a time limit, and fails to make rectification within the time limit or fails to meet the original conditions for issuing certificates after rectification, the original issuing authority shall temporarily withhold or revoke its hazardous waste management license.

Article 29 Units whose hazardous waste operation licenses have been revoked or confiscated according to law may not apply for such licenses again within 5 years.

Article 30 Any staff member of the competent environmental protection departments of the people’s governments at or above the county level who commits any of the following acts shall be given administrative sanction according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) issuing hazardous waste operation licenses to units that do not meet the requirements as prescribed in these Measures;

(2) failing to investigate and deal with any unit or individual that has not obtained the hazardous waste operation license according to law, or failing to deal with it according to law after receiving the report;

(3) failing to investigate and punish the units that have obtained the hazardous waste operation license according to law for failing to perform their supervision and management duties or for discovering acts in violation of the provisions of these Measures;

(4) other acts of dereliction of duty in the administration of hazardous waste operation license.

Chapter VI Supplementary Provisions

Article 31 The definitions of the following terms used in these Measures:

(1) Hazardous waste means hazardous waste that is listed in the national list of hazardous waste or determined to be hazardous according to the identification standards and methods for hazardous waste prescribed by the State.

(2) Collection refers to the concentration of scattered hazardous waste by the hazardous waste management units.

(3) storage “refers to the hazardous waste management unit in front of the hazardous waste disposal, placing it in sites or facilities that conform to the environmental protection standards, and hazardous waste for centralized to decentralized, each batch placed in own temporary facilities or workplace weigh more than 5000 kg or placed more than 90 working days.

(4) disposal, is refers to the hazardous waste management unit will be hazardous waste incineration, calcination, melting, sintering, cracking, neutralization, disinfection, distillation, extraction, precipitation, filtration, dismantling and other changes in physical, chemical and biological characteristics of hazardous waste method, to reduce the amount of hazardous waste and hazardous waste volume, reduce or eliminate their dangerous composition activity,Or the activities that eventually place hazardous waste in places or facilities that meet the requirements of environmental protection regulations and do not take it back.

Article 32 Units that have obtained hazardous waste operation licenses in accordance with the provisions of local regulations, rules or other documents before the implementation of these Measures shall apply for a new hazardous waste operation license in accordance with the provisions of these Measures 30 working days prior to the expiration of the original hazardous waste operation licenses.Failing to do so within the time limit shall not continue to engage in hazardous waste management activities.

Article 33 These Measures shall take effect as of July 1, 2004.


Post time:Jun-27-2022

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

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