(Adopted by the 16th Session of the Standing Committee of the Eighth National People's Congress on October 30, 1995, promulgated by Order No.58 of the President of the People's Republic of China on October 30, 1995, and entry into force on April 1, 1996)
Contents
Chapter I General Provisions
Chapter II Supervision and Management over the Prevention and Control of Solid Wastes Pollution to the Environment
Chapter III Prevention and Control of Solid Wastes Pollution to the Environment
Section 1 General Rules
Section 2 Prevention and Control of Industrial Solid Wastes Pollution to the Environment
Section 3 Prevention and Control of Urban Living Rubbish Pollution to the Environment
Chapter IV Special Provisions Governing the Prevention and Control of Dangerous Wastes Pollution to the Environment
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of preventing and controlling solid wastes from polluting the environment, safeguarding the human health and promoting the development of socialist modernization construction, this Law is enacted.
Article 2
This Law shall apply to the prevention and control of solid wastes pollution to the environment in the territory of the People's Republic of China.
This Law shall not be applicable to the prevention and control of solid wastes pollution to the marine environment and the prevention and control of radioactive solid wastes pollution to the environment.
Article 3
The State, with regard to the prevention and control of solid wastes pollution to the environment, adopts such principles as minimization of solid wastes output, complete and rational utilization of solid wastes and innocuous treatment and disposal of solid wastes.
Article 4
The State encourages and supports to carry out clean production and to minimize the output amount of solid wastes.
The State encourages and supports the comprehensive utilization of resources, practices a full recycling and rational utilization of solid wastes and adopts economic and technological policies and measures favorable to the comprehensive utilization of solid wastes.
Article 5
The State encourages and supports the centralized treatment measures of solid wastes beneficial to protecting the environment.
Article 6
People's governments at and above the county level shall incorporate the work on the prevention and control of solid wastes pollution to the environment into their respective environmental protection plans and adopt economic and technological policies and measures conducive to the prevention and control of solid wastes pollution to the environment.
Article 7
The State encourages and supports scientific research and technological development in relation to the prevention and control of solid wastes pollution to the environment, disseminates the advanced prevention and control technologies and popularizes science knowledge on the prevention and control of solid wastes pollution to the environment.
Article 8
People's governments at all levels shall give incentives to those units and persons which and who have made remarkable achievements in the prevention and control of solid wastes pollution to the environment as well as in the related comprehensive utilization activities.
Article 9
All units and persons have the duty to protect the environment and are entitled to report on and lodge complaints about any unit or person which or who has caused environmental pollution with solid wastes.
Article 10
The competent administrative department of the State Council for environmental protection shall exercise an unified supervision and management over the national work in the prevention and control of solid wastes pollution to the environment. Relevant departments of the State Council shall be responsible for the supervision and management over the prevention and control of solid wastes pollution to the environment within their respective limits of duties.
Competent administrative departments for environmental protection of local people's governments at and above the county level shall execute an unified supervision and management over the work in the prevention and control of solid wastes pollution to the environment within their respective administrative jurisdictions. Relevant departments of local people's governments at and above the county level shall be responsible for the work in the prevention and control of solid wastes pollution to the environment within their respective limits of duties.
The competent administrative department of the State Council for construction and the administrative departments for environmental sanitation of local people's governments at and above the county level shall be responsible for the work in cleaning, collecting, storing, transporting and disposing of urban living rubbish.
Chapter II Supervision and Management over the Prevention and Control of Solid Wastes Pollution to the Environment
Article 11
The competent administrative department of the State Council for environmental protection shall establish a monitoring system on solid wastes pollution to the environment, formulate a set of unified monitoring norms and shall organize the monitory network together with departments concerned.
Article 12
The construction of a project which generates industrial solid wastes as well as the construction of projects in storing and disposing of solid wastes must comply with relevant national regulations on environmental protection management of construction projects.
The environmental impact statement of a construction project must make an assessment on the pollution and impact to the environment by solid wastes to be generated from the project to be constructed, lay down measures for preventing and controlling environmental pollution, and be submitted, according to the procedures prescribed by the State, to the competent administrative department for environmental protection for approval. Only after the environmental impact statement is approved may the competent department for examining and approving the construction project approve the feasibility study report of the said construction project or its design specification.
Article 13
All facilities for preventing and controlling solid wastes pollution to the environment, which are deemed as necessary to supplement a construction project by the environmental impact statement, must be designed, constructed and put into operation concurrently with the main project. The facilities for preventing and controlling solid wastes pollution to the environment must be inspected by the original environmental protection administrative department which approved the environmental impact statement, and only after they are found to be up to the requirements may the said construction project be put into production or use. The inspection and acceptance of the facilities for preventing and controlling solid wastes pollution to the environment shall be made concurrently with the inspection and acceptance of the main project.
Article 14
Competent departments for environmental protection of people's governments at and above the county level as well as other supervision and management departments in the prevention and control of solid wastes pollution to the environment shall have the power, based on their respective duties, to conduct on-spot inspection into units related to solid wastes pollution to the environment within their respective jurisdictions. The units to be inspected shall report on the situation truthfully and provide necessary data and information. The departments conducting such inspection shall keep confidential on technology secrets and business secrets of the units to be inspected.
Any inspector, when carrying out on-spot inspection, shall show his credentials.
Chapter III Prevention and Control of Solid Wastes Pollution to the Environment
Section 1 General Rules
Article 15
Any unit or person which or who generates solid wastes shall take measures to prevent or minimize the pollution to the environment caused by solid wastes.
Article 16
All units and persons which and who collect, store, transport, utilize and dispose of solid wastes must take measures to prevent solid wastes from scattering, washing away, percolating and other preventive measures against environmental pollution.
Solid wastes may not be dropped and abandoned along the road in the course of transportation.
Article 17
Packaging materials for products shall be easy to be recycled, easy to be disposed of or easy to be dissolved in the environment.
Product manufacturers, distributors and consumers shall, in accordance with relevant regulations of the State, recover those packaging materials and containers which could be recycled for use.
Article 18
The State encourages scientific research and manufacturing units to develop and produce farming plastic sheet which are easy to be recycled, easy to be disposed of or easy to be dissolved in the environment.
Units and persons using farming plastic sheet shall take recycling measures, prevent or minimize environmental pollution caused by farming plastic sheet.
Article 19
Management and maintenance of facilities, equipment and sites for solid waste collection, storage, transportation and disposal shall be strengthened so as to maintain them in the normal condition of operation and utilization.
Article 20
It is forbidden to close down, leave idle or dismantle any facilities and site for the prevention and control of solid wastes pollution to the environment; if it is genuinely necessary to close down, leave idle or dismantle, approval of the competent administrative department for environmental protection of the people's government at or above the county level in the place where it is located must be obtained, and measures shall be taken to prevent environmental pollution.
Article 21
Any enterprise or undertaking unit which has caused serious pollution to the environment with solid wastes shall be ordered to eliminate the pollution within a set time limit. The enterprise or undertaking unit which is ordered to make elimination must finish the elimination task within the time limit. The decision on elimination within a set time limit shall be made by the people's government at or above the county level according to the limit of power laid down by the State Council.
Article 22
Within the areas designated by the State Council, relevant competent departments of the State Council as well as people's governments of provinces, autonomous regions and municipalities directly under the Central Government as nature reserves, scenic and relic attraction zones, resources areas of drinking water and other areas requiring for special protection, it is forbidden to construct any centralized storage and disposal facilities and sites for industrial solid wastes or burying grounds of living rubbish.
Article 23
Any transfer of solid waste out of the administrative jurisdiction of a province, autonomous region or municipality directly under the Central Government for storage and disposal shall be reported to the competent administrative department for environmental protection of the people's government at the provincial level in the place from where the solid waste is to be transported and be subject to approval of the competent administrative department for environmental protection of the people's government at the provincial level in the place to where the solid waste is to be transported.
Article 24
It is forbidden to dump, store or dispose of foreign solid wastes in the territory of China.
Article 25
The State forbids the imports of solid wastes which are unusable as raw materials and restricts the imports of solid wastes which could be used as raw materials.
The competent administrative department of the State Council for environmental protection, together with the competent administrative department of the State Council for economic and foreign trade, shall formulate, adjust and publish the catalogue of solid wastes which could be imported for use as raw materials. Any solid waste not included in the said catalogue shall be forbidden to be imported.
If it is genuinely necessary to import solid wastes listed in the catalogue prescribed in the preceding paragraph for use as raw materials, such imports must be examined and approved by the competent administrative department of the State Council for environmental protection together with the competent administrative department of the State Council for economic and foreign trade.
The State Council shall provide the concrete measures therefor.
Section 2 Prevention and Control of Industrial Solid Wastes Pollution to the Environment
Article 26
The competent administrative department of the State Council for environmental protection, jointly with the competent comprehensive administrative department for economy and other departments concerned of the State Council, shall define industrial solid wastes pollution to the environment, formulate technical policies governing the prevention and control of industrial solid wastes pollution to the environment, and organize to disseminate and popularize advanced production techniques and equipment for the prevention and control of industrial solid wastes pollution to the environment.
Article 27
The competent comprehensive administrative department of the State Council for economy shall, jointly with departments concerned of the State Council, organize the research, development and dissemination and popularization of production techniques and equipment which can minimize the output amount of industrial solid wastes, and publish the name list of outdated production techniques and outdated equipment which generate industrial solid wastes seriously polluting the environment and which are mandated to be eliminated in a set period of time.
Manufacturers, distributors, importers or users must, within the set period of time prescribed by the competent comprehensive administrative department of the State Council for economy jointly with departments concerned of the State Council, stop manufacturing, distributing, importing or utilizing those equipment included in the name list prescribed in the preceding paragraph. The users of production techniques must, within the time limit prescribed by the competent comprehensive administrative department of the State Council for economy jointly with departments concerned of the State Council, stop the use of those production techniques listed in the name list stipulated in the preceding paragraph.
Those equipment that shall be eliminated according to the provisions of the preceding two paragraphs may not be transferred to others for use.
Article 28
Departments concerned of people's governments at and above the county level shall make plans on the work in the prevention and control of industrial solid wastes pollution to the environment, disseminate and popularize the advanced production techniques and equipment which can reduce the output amount of industrial solid wastes, and promote the work in the prevention and control of industrial solid wastes pollution to the environment.
Article 29
An unit which generates industrial solid wastes shall set up and improve the responsibility system in the prevention and control of environmental pollution, and take measures to prevent and control industrial solid wastes pollution to the environment.
Article 30
Enterprise and undertaking units shall choose and utilize raw materials, energy and other resources rationally, adopt those advanced production techniques and equipment, and reduce the output amount of industrial solid wastes.
Article 31
The State adopts a declaration and registration system on industrial solid wastes.
An unit which generates industrial solid wastes must, subject to the regulations of the competent administrative department of the State Council for environmental protection, provide related information on output amount, flow direction, storage and disposal of industrial solid wastes to the competent administrative department for environmental protection of the people's government at or above the county level in the place where the said unit is located.
Article 32
Enterprise and undertaking units must, subject to the regulations of the competent administrative department of the State Council for environmental protection, construct storage or disposal facilities and sites for those industrial solid wastes generated therefrom which can not be utilized or are not utilized temporarily.
Article 33
Special storage facilities and sites shall be constructed for storing in the open air smelting slag, chemical slag, coal-burning cinder, waste ores, tailings and other industrial solid wastes.
Article 34
The construction of storage and disposal facilities and sites for industrial solid wastes must comply with the standards on environmental protection set by the competent administrative department of the State Council for environmental protection.
Any unit which had generated industrial solid wastes prior to the entry into force of this Law but had not constructed, subject to the provisions of Article 32 of this Law, facilities or sites for storing or disposing of industrial solid wastes, or facilities or sites already constructed fail to comply with the standards on environmental protection, must construct or reconstruct such facilities and sites within a set time limit; during the set period of time, fees for discharging wastes shall be paid on industrial solid wastes newly generated which pollute the environment or other measures shall be taken. Those units which choose the measures to pay fees for discharging wastes, if the facilities or sites for storing industrial solid wastes are completed ahead of schedule within the set period of time, or such facilities or sites are made to meet the standards on environmental protection through renovation, shall cease to pay fees for discharging wastes from the day on which such facilities or sites completed or the renovation projects are completed and put into use; an unit which fails to complete the construction or such facilities or sites still fail to meet the standards on environmental protection through renovation within the set period of time, shall continue to pay fees for discharging wastes until such facilities and sites are completed or meet the standards on environmental protection through renovation. Concrete measures therefor shall be made by the State Council. Fees for discharging wastes collected shall be used in the prevention and control of environmental pollution and may not be appropriated for other uses.
Section 3 Prevention and Control of Urban Living Rubbish Pollution to the Environment
Article 35
All units and persons shall abide by regulations made by the competent environmental sanitation administrative departments under people's governments of cities, dump and stack urban living rubbish at the designated places and may not randomly throw, drop or pile such rubbish.
Article 36
The storage, transport and disposal of urban living rubbish shall comply with national regulations related to environmental protection and urban environmental sanitation so as to prevent environmental pollution.
Article 37
Urban living rubbish shall be cleaned and transported promptly, and rational utilization and innocuous disposal shall be carried out vigorously.
In regard to urban living rubbish, collection, storage, transport and disposal based on different categories shall be realized gradually.
Article 38
People's governments of cities shall improve the fuel structure in a planned way and develop urban coal gas, natural gas, liquefied gas and other clean energy.
Departments concerned of people's governments of cities shall organize clean vegetables for cities to reduce the amount of urban living rubbish.
Departments concerned of people's governments of cities shall plan and arrange purchasing posts in a comprehensive and rational manner so as to promote the recycling and utilization of wastes.
Article 39
People's governments of cities shall construct supporting facilities for cleaning, gathering and collecting, storing, transporting and disposing of urban living rubbish.
Article 40
The disposal facilities and sites constructed for urban living rubbish must comply with the standards on environmental protection and urban environmental sanitation prescribed by the competent administrative department of the State Council for environmental protection and the competent administrative department of the State Council for construction.
It is forbidden to close down, leave idle or dismantle any urban living rubbish disposal facilities and site; if it is genuinely necessary to close, leave idle or dismantle such facilities, it must be examined and approved by the competent administrative departments for environmental sanitation and for environmental protection of the people's government at or above the county level in the place where such facilities or site is located, and measures shall be taken to prevent environmental pollution.
Article 41
Construction units shall promptly clean, transport and dispose of wastes generated during the course of construction and take measures to prevent environmental pollution.
Chapter IV Special Provisions Governing the Prevention and Control of Dangerous Wastes Pollution to the Environment
Article 42
The provisions of this Chapter applies to the prevention and control of dangerous wastes pollution to the environment; in absence of such provisions in this Chapter, other relevant provisions of this Law shall apply thereto.
Article 43
The competent administrative department of the State Council for environmental protection shall, together with departments concerned of the State Council, formulate the national catalogue of dangerous wastes, provide an unified identification standard, method and mark in relation to dangerous wastes.
Article 44
Identification marks of dangerous wastes must be indicated on containers and packings of dangerous wastes as well as on the facilities and sites for collecting, storing, transporting and disposing of dangerous wastes.
Article 45
Units which generate dangerous wastes must, subject to relevant regulations of the State, declare and register thereof.
Article 46
Units which generate dangerous wastes must, subject to relevant regulations of the State, dispose thereof; in a case where an unit fails to do so, the competent administrative department for environmental protection of the local people's government at or above the county level in the place where the unit is located shall order it to make corrections within a set period of time; if the said unit fails to dispose of or its disposal fails to meet relevant regulations of the State within the set period of time, another unit which is designated by the competent administrative department for environmental protection of the local people's government at or above the county level in the place where the unit is located will dispose of the dangerous wastes on the behalf of the said unit according to relevant regulations of the State, and disposal expenses arising therefrom shall be borne by the unit which generates dangerous wastes involved.
Article 47
People's governments of cities shall organize to construct centralized disposal facilities for dangerous wastes.
Article 48
If the burying method adopted to dispose of dangerous wastes fails to conform with the regulations prescribed by the competent administrative department of the State Council for environmental protection, fees for discharging dangerous wastes shall be paid therefor. Concrete measures on levying fees for discharging dangerous wastes shall be provided for by the State Council.
Fees for discharging dangerous wastes collected shall be used for the prevention and control of dangerous wastes pollution to the environment and may not be appropriated for other uses.
Article 49
Units engaging in operation activities such as collecting, storing and disposing of dangerous wastes must apply for operation licenses from the competent administrative departments for environmental protection of the people's governments at or above the county level. The State Council shall lay down the concrete management measures thereon .
It is forbidden to engage in the operation activity such as collecting, storing or disposing of dangerous wastes without the operation license or engage in such operation inconsistent with the operation license.
It is forbidden to provide or to consign the unit without the operation license to collect, store or dispose of dangerous wastes.
Article 50
The collection or disposal of dangerous wastes must be carried out according to the property classification of dangerous wastes. It is forbidden to collect, store, transport or dispose of, in a mixed manner and without undergoing a safety disposal, dangerous wastes with incompatible property.
It is forbidden to mix dangerous wastes into non-dangerous wastes for storage.
Article 51
Any transfer of dangerous wastes must be accompanied with a transfer bill of dangerous wastes according to relevant regulations of the State, and be reported to the competent administrative departments for environmental protection of local people's governments at or above the county level both in the dispatching and receiving places.
Article 52
In transportation of dangerous wastes, the measures must be taken to prevent them from polluting the environment, and the management regulations of the State governing the transportation of dangerous wastes must be observed.
It is forbidden to carry and transport dangerous wastes together with passengers on the same means of transport.
Article 53
When the sites, facilities, equipment, containers, packaging materials as well as other objects for the collection, storage, transportation and disposal of dangerous wastes are to be shifted for other uses, they must undergo pollution-eliminating treatment before they may be used.
Article 54
Persons directly undertaking the collection, storage, transportation and disposal of dangerous wastes shall undergo professional training, only when they are examined as qualified can they undertake the said work.
Article 55
Any unit which generates, collects, stores, transports, utilizes or disposes of dangerous wastes shall make emergency measures and preventive measures in case of unexpected accidents arising, and shall report thereof to the competent administrative department for environmental protection of the local people's government at or above the county level in the place where the unit is located; the competent administrative department for environmental protection shall make inspection thereto.
Article 56
Any unit which causes serious environmental pollution by dangerous wastes due to the occurrence of accident or any other unexpected event must promptly take measures to eliminate or alleviate pollution harms to the environment, promptly inform those units and residents which and who might be suffer pollution harms, and report it to the competent administrative department for environmental protection and departments concerned of the local people's government at or above the county level in the place where the unit involved is located, and accept inspections and treatment.
Article 57
When the dangerous wastes seriously pollute the environment or threat the safety of lives and properties of residents, the competent administrative department for environmental protection of the local people's government at or above the county level must promptly report it to the people's government at the same level, and the people's government shall take effective measures to eliminate or alleviate the harms therefrom.
Article 58
All dangerous wastes shall be prohibited from passing through the territory of the People's Republic of China.
Chapter V Legal Responsibility
Article 59
Anyone who, in violation of the provisions of this Law, commits any of the following offenses, shall be ordered to make corrections within a prescribed period of time and be fined concurrently by the competent administrative department for environmental protection of the people's government at or above the county level:
1. failing to declare and register, as prescribed by the State, industrial solid wastes or dangerous wastes, or resorting to fraudulence when declaring and registering thereof;
2. refusing to accept on-spot inspection by the competent administrative department for environmental protection, or resorting to fraudulence when being inspected;
3. failing to pay fees for discharging wastes as prescribed by the State;
4. transferring those equipment included in the catalogue to be eliminated in a set period of time to others for use;
5. closing down, leaving idle or dismantling, without approval, facilities or site for the prevention and control of solid wastes pollution to the environment;
6. constructing centralized storage or disposal facilities and site for industrial solid wastes or burying ground of living rubbish within a nature reserves, scenic and relic attraction place, resources area of drinking water or any other area requiring for special protection; or
7. transferring, without approval, solid wastes out of the administrative jurisdiction of province, autonomous region or municipality directly under the Central Government for storage or disposal.
The violator falling within Point 1 or 2 of the preceding paragraph shall be imposed a fine not exceeding 10,000 yuan; the violator falling within Point 3 of the preceding paragraph shall be imposed a fine not exceeding 50 per cent of the amount of fees payable for discharging wastes; and the violator falling within Point 4, 5, 6 or 7 of the preceding paragraph shall be imposed a fine not exceeding 50,000 yuan.
Article 60
Anyone who, in violation of the provisions of this Law, manufactures, distributes, imports or utilizes equipment which shall be eliminated or adopts production techniques which shall be eliminated, shall be ordered to make corrections within a prescribed period of time by the competent comprehensive administrative department for economy of the people's government at or above the county level; if the case is serious, the competent comprehensive administrative department for economy of the people's government at or above the county level shall put forward a suggestion and shall report it to the people's government at the same level to, subject to the limits of power prescribed by the State Council, order for a suspension of business or closure.
Article 61
If a construction project, prior to the completion or acceptance inspection of the facilities required by the construction project for the prevention and control of solid wastes pollution to the environment, is put into production or use, the competent administrative department for environmental protection which had examined and approved the environmental impact statement on the construction project shall order it to suspend production or use, and may impose a fine not exceeding 100,000 yuan thereon concurrently.
Article 62
An enterprise or undertaking unit which fails to complete the rectification task at the expiry of the set period of time limit for such an improvement and rectification, may be imposed a fine not exceeding 100,000 yuan in light of the seriousness of the consequence caused or may be ordered to suspend its businesses or close down.
The decision of fine stipulated in the preceding paragraph shall be made by the competent administrative department for environmental protection. The decision for ordering a suspension of business or closure shall be made by the people's government at or above the county level according to the limit of power prescribed by the State Council.
Article 63
Where the storage, transportation or disposal of urban living rubbish violates the provisions of this Law, penalty shall be imposed therefor according to relevant regulations of the State Council governing environmental protection and urban environmental sanitation.
Article 64
Anyone who, in violation of the provisions of this Law on the prevention and control of dangerous wastes pollution to the environment, commits any of the following offenses, shall be ordered to stop the offense and to make correction within a prescribed period of time, and shall be imposed a fine not exceeding 50,000 yuan concurrently by the competent administrative department for environmental protection of the people's government at or above the county level:
1. failing to set up identification marks for dangerous wastes;
2. providing or consigning an unit without the operation license to collect, store or dispose of dangerous wastes;
3. failing to fill out the transfer bill as stipulated by the State or failing to report it to the competent administrative department for environmental protection of the people's government at or above the county level both in the dispatching and receiving places when transferring dangerous wastes;
4. mixing dangerous wastes into non-dangerous wastes for storage;
5. collecting, storing, transporting or disposing of dangerous wastes with incompatible property in a mixed manner without undergoing safety disposal;
6. carrying and transporting dangerous wastes together with passengers on the same means of transport;
7. if the producer of dangerous wastes fails to dispose of dangerous wastes he generates or fails to bear the corresponding expenses for disposal according to law, or
8. converting the site, facilities, equipment, container, packaging materials or other objects for the collection, storage, transportation or disposal of dangerous wastes for other uses without undergoing treatment to eliminate pollution.
Article 65
Anyone who engages in the operation activity in collecting, storing or disposing of dangerous wastes without the operation license or fails to do so according to the stipulations of such operation license, shall be ordered to stop the offense, with the illegal income therefrom confiscated, and may be concurrently imposed a fine not exceeding one times of the amount of the illegal income by the competent administrative department for environmental protection of the local people's government at or above the county level.
Anyone who fails to engage in activities mentioned in the preceding paragraph according to the stipulations of the operation license may also be revoked his operation license by the department which issued the license.
Article 66
Anyone who, in violation of the provisions of this Law, dumps, piles or disposes of solid wastes moving into the territory from outside the territory of China, or imports solid wastes for use as raw materials without obtaining approval from the competent department concerned of the State Council, shall be ordered to transport back and return the solid wastes and may be imposed a fine exceeding 100,000 yuan and not exceeding 1,000,000 yuan concurrently by the Customs. Anyone who evades Customs supervision and control and constitutes a crime of smuggling shall be investigated criminal responsibility according to law.
Anyone who, in the name of raw materials utilization, imports solid wastes which could not be used as raw materials, shall be punished according to the provisions of the preceding paragraph.
Article 67
Anyone who, in violation of the provisions of this Law, transfers dangerous wastes through the territory of the People's Republic of China, shall be ordered to transport back the solid wastes involved and may be imposed a fine exceeding 50,000 yuan and not exceeding 500,000 yuan concurrently by the Customs.
Article 68
With regard to the solid waste which has already entered into the territory illegally, the competent administrative department for environmental protection of the people's government at or above the provincial level shall propose a suggestion on handling it to the Customs according to law, the Customs shall, subject to the provisions of Article 66 of this Law, make a decision on the punishment therefor; if environmental pollution has been already caused, the competent administrative department for environmental protection of the people's government at or above the provincial level shall order the importer concerned to eliminate the pollution caused.
Article 69
Anyone who, in violation of the provisions of this Law, causes an environmental pollution accident with solid wastes, shall be imposed a fine not exceeding 100,000 yuan by the competent administrative department for environmental protection of the people's government at or above the county level; if serious losses are caused, the amount of fine shall be computed according to 30 per cent of the direct losses, however, the maximum amount of fine may not exceed 500,000 yuan; and in that case the person(s) in charge held directly responsible and other persons held directly responsible shall be given administrative penalties by the unit they belong to or the competent governmental department.
Article 70
All fines collected must be turned over into the State Treasury, and no unit or person may withhold.
Article 71
Units and persons which and who suffer harms from pollution by solid wastes shall be entitled to claim for compensation according to law.
A dispute concerning compensation responsibility or amount of compensation may, at the request by the parties involved, be mediated and handled by the competent administrative department for environmental protection or other supervision and management departments in the prevention and control of solid wastes pollution to the environment; if the mediation fails, the parties involved may initiate legal proceedings to a people's court. The parties involved also may directly initiate legal action to a people's court.
Article 72
Where, in violation of the provisions of this Law, the collection, storage or disposal of dangerous wastes causes serious environmental pollution accident which leads to such serious consequences as serious losses of public and private property or injury to and death of person, criminal responsibility shall be investigated by applying mutadis mutandis the provisions of Article 115 or 187 of the Criminal Law.
If an unit commits the crime mentioned in this Article, a fine shall be imposed therefor, and criminal responsibility of the person in charge held directly responsible and other persons held directly responsible shall be investigated by applying the provisions of the preceding paragraph.
Article 73
If a supervision and administrative person in the prevention and control of solid wastes pollution to the environment abuses his powers, neglects his duties or practices favoritism for personal gains, and thereby constitutes crimes, criminal responsibility shall be investigated according to law; if it is not serious enough to constitute a crime, administrative penalty shall be given thereto.
Chapter VI Supplementary Provisions
Article 74
For the purpose of this Law, the following terms are defined as follows:
1. Solid wastes mean wastes in solid or semi-solid state generated in the production, construction, daily life and other activities, which might pollute the environment.
2. Industrial solid wastes mean solid wastes generated in such production activities as industry and transportation.
3. Urban living rubbish means solid wastes generated in the course of urban daily life or activities providing services for urban daily life as well as those solid wastes which, as stipulated by laws and administrative regulations, shall be deemed as urban living rubbish.
4. Dangerous wastes mean wastes included in the national catalogue of dangerous wastes or wastes which, according to the identification standards and method of dangerous wastes, are determined as having the dangerous property.
5. Disposal refers to the activities to reduce the quantity of solid wastes already generated, reduce the volume of solid wastes, alleviate or eliminate their harmful compounds by burning solid wastes and other methods, or the activities to ultimately place solid wastes in the sites or facilities which meet the requirements on environmental protection and to never take them back again.
Article 75
This Law shall apply to the prevention and control of liquid wastes and waste gas which are placed in containers; however, relevant laws shall apply to the prevention and control of waste water discharged into waters and waste gas emitted into the atmosphere, and this Law shall not apply to the prevention and control therefor.
Article 76
If the international treaty related to the prevention and control of the prevention and control of solid wastes pollution to the environment to which the People's Republic of China is a member or has joined contain otherwise provisions with this Law, the provisions of such treaty shall apply; however, those clauses to which the People's Republic of China has declared reservation shall be excluded.
Article 77
This Law shall enter into force on April 1, 1996.
Appendix: Relevant Provisions of the Criminal Law
Article 115
If anyone violates the provisions on the control of explosive, inflammable, radioactive, poisonous or corrosive materials and thereby causes a serious accident during the production, storage, transportation or use of those materials, and serious consequences result, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; if the consequences are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years.
Article 187 Any State functionary who, because of neglect of duty, causes public property or the interests of the State and the people to suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.
