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

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

(Adopted at the 16th Meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995; revised for the first time at the 13th Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2004; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on the Protection of Cultural Relics and Other Eleven Laws adopted at the 3rd Meeting of the Standing Committee of the Twelfth National People's Congress on June 29, 2013; amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Law of the People's Republic of China on Ports and Other Six Laws adopted at the 14th Meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2015; amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Foreign Trade Law of the People's Republic of China and Other Eleven Laws adopted at the 24th Meeting of the Standing Committee of the Twelfth National People's Congress on November 7, 2016; and revised for the second time at the 17th Meeting of the Standing Committee of the Thirteenth National People's Congress on April 29, 2020)

Contents

Chapter I General Provisions

Chapter II Supervision and Administration

Chapter III Industrial Solid Wastes

Chapter IV Household Wastes

Chapter V Construction Wastes, Agricultural Solid Wastes and Others

Chapter VI Hazardous Wastes

Chapter VII Safeguard Measures

Chapter VIII Legal Responsibility

Chapter IX Supplementary Provisions

Chapter I General Provisions

Article 1    This Law is enacted for the purposes of protecting and improving the ecological environment, preventing and controlling environmental pollution by solid wastes, safeguarding public health, ensuring ecological safety, advancing the ecological conservation and environmental protection, and promoting the sustainable development of the economy and society.

Article 2    This Law shall apply to the prevention and control of environmental pollution by solid wastes.

This Law shall not apply to the prevention and control of marine environmental pollution by solid wastes or environmental pollution by radioactive solid wastes.

Article 3    The state adopts a green development model to promote clean production and develop circular economy.

The state advocates a simple, moderate, green and low-carbon lifestyle, and guides the public to actively participate in the prevention and control of environmental pollution by solid wastes.

Article 4    The principles of quantity reduction, recycling wastes as resources and making wastes harmless through treatment shall be adhered to in the prevention and control of environmental pollution by solid wastes.

All entities and individuals shall take measures to reduce the amount of solid wastes generated, promote the comprehensive utilization of solid wastes, and reduce the harm of such wastes.        

Article 5    The principle that whoever causes pollution must be held accountable for it shall be adhered to in the prevention and control of environmental pollution by solid wastes.

Entities and individuals that generate, collect, store, transport, utilize, or treat solid wastes shall take measures to prevent or reduce the environmental pollution by solid wastes, and shall be held accountable in accordance with law for environmental pollution caused thereby.

 Article 6    The state implements a household waste classification system.

The principles of government promotion, public participation, urban-rural coordination, adaptation to local conditions, and simplicity and feasibility shall be adhered to in the classification of household wastes.

Article 7    Local people's governments at all levels shall be responsible for the prevention and control of environmental pollution by solid wastes within their respective administrative areas.

The state implements a target responsibility system and a performance evaluation system for the prevention and control of environmental pollution by solid wastes, and the achievements of targets for preventing and controlling environmental pollution by solid wastes shall be included in the performance evaluation.     

 Article 8    The people's governments at all levels shall strengthen their leadership over the work of preventing and controlling environmental pollution by solid wastes, and organize, coordinate and urge relevant departments to perform their duties of supervising and administering the prevention and control of environmental pollution by solid wastes in accordance with law.

 Provinces, autonomous regions, and municipalities directly under the Central Government may establish a joint prevention and control mechanism for environmental pollution by solid wastes across administrative areas through consultation, and coordinate such work as overall planning, facility building and solid waste transfer.

Article 9    The competent department of ecology and environment under the State Council shall exercise unified supervision over and administration of the prevention and control of environmental pollution by solid wastes nationwide. The competent departments of development and reform, industry and information technology, natural resources, housing and urban-rural development, transport, agriculture and rural affairs, commerce, health, customs and other departments under the State Council shall be responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes according to their respective functions and responsibilities.

 The competent departments of ecology and environment under local people's governments shall exercise unified supervision over and administration of the prevention and control of environmental pollution by solid wastes within their respective administrative areas. The competent departments of development and reform, industry and information technology, natural resources, housing and urban-rural development, transport, agriculture and rural affairs, commerce, health and other departments under local people's governments shall be responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes according to their respective functions and responsibilities.

Article 10   The state encourages and supports scientific research in and development of technologies for prevention and control of environmental pollution by solid wastes, promotes the use of advanced technologies and disseminates scientific knowledge for such prevention and control with a view to strengthening scientific and technological support in this field.     

Article 11   State organs, social organizations, enterprises and public institutions, primary-level people's  organizations for self-governance and news media shall enhance the publicity of, the education on, and the popularization of scientific knowledge related to the prevention and control of environmental pollution by solid wastes, so as to raise public awareness.

Schools shall educate students on and popularize the knowledge related to the classification of household wastes and other knowledge of preventing and controlling environmental pollution by solid wastes.

Article 12    The people's governments at all levels shall, in accordance with relevant regulations of the state, commend and give awards to entities and individuals that have achieved outstanding successes in the prevention and control of environmental pollution by solid wastes and in related comprehensive utilization.

Chapter II Supervision and Administration

Article 13    The people’s governments at or above the county level shall incorporate the prevention and control of environmental pollution by solid wastes into their respective national economic and social development plans and ecological and environmental protection plans, and take effective measures to reduce the amount of solid wastes generated, promote their comprehensive utilization, reduce their harmfulness, and minimize the amount of solid wastes that go to landfills.        

Article 14   The competent department of ecology and environment under the State Council shall, pursuant to state environmental quality standards and in light of state economic and technological conditions, formulate identification standards and procedures for solid wastes, as well as national technical standards for the prevention and control of environmental pollution by solid wastes in conjunction with relevant departments of the State Council.       

 Article 15   The competent department of standardization under the State Council shall, in conjunction with the competent departments of development and reform, industry and information technology, ecology and environment, and agriculture and rural affairs under the State Council, formulate standards for the comprehensive utilization of solid wastes.

The comprehensive utilization of solid wastes shall comply with laws and regulations of ecology and environment, and the technical standards for the prevention and control of environmental pollution by solid wastes. The use of products from the comprehensive utilization of solid wastes shall conform to the purposes and standards prescribed by the state.      

Article 16    The competent department of ecology and environment under the State Council shall, in conjunction with the relevant departments of the State Council, set up a national information platform for the prevention and control of environmental pollution by hazardous wastes and other solid wastes and push forward the whole-process monitoring and informatized tracing of the collection, transfer and treatment of solid wastes.

Article 17     For the construction of a project where solid wastes are generated, stored, utilized, or treated, the impact on the environment shall be assessed in accordance with law, and the state regulations governing environmental protection in respect of construction projects shall be complied with.      

Article 18     The necessary supporting facilities for prevention and control of environmental pollution by solid wastes specified in the environmental impact assessment document of a construction project shall be designed, constructed and put into operation simultaneously with the main part of the project. The preliminary design of the construction project shall, in accordance with the requirements of the specifications of environmental protection design, incorporate the prevention and control of environmental pollution by solid wastes into the environmental impact assessment document, implement measures for the prevention and control of environmental pollution and ecological damage by solid wastes and the investment estimation for supporting facilities.

The construction entity shall, in compliance with the provisions of relevant laws and regulations, check and accept the aforesaid supporting facilities, prepare a report on the acceptance and make it open to the public.

 Article 19    Entities and other producers and business operators that collect, store, transport, utilize, or treat solid wastes shall strengthen management and maintenance of relevant facilities, equipment, and premises to ensure their normal operation and use.        

Article 20    Entities and other producers and business operators that generate, collect, store, transport, utilize, or treat solid wastes shall take measures to prevent them from being scattered, and their runoff and leakage as well as take other measures against environmental pollution and shall not dump, pile up, discard or scatter solid wastes without authorization.

No entity or individual may dump, pile up or store solid wastes in rivers, lakes, canals, channels, or reservoirs, or on their bottomlands, banks or slopes below the highest waterline, or in other places where dumping, piling up and storage of solid wastes are prohibited by laws and regulations.

Article 21   The construction of facilities and premises for the centralized storage, utilization or treatment of industrial solid wastes or hazardous wastes, and landfills for household wastes shall be prohibited in ecological protection red line areas, areas with concentrated permanent basic farmland and other areas that require special protection.        

Article 22   For transporting solid wastes out of the administrative areas of a province, autonomous region, or municipality directly under the Central Government for storage or treatment, an application shall be filed with the competent department of ecology and environment under the people’s government of the said province, autonomous region, or municipality directly under the Central Government. Such competent department of ecology and environment shall approve the transport application within a specified period of time only after it has consulted with and obtained the consent of the competent department of ecology and environment of the people’s government of the province, autonomous region, or municipality directly under the Central Government where the solid wastes are to be accepted. No transfer of solid wastes shall be carried out without prior approval.

For transporting solid wastes out of the administrative areas of a province, autonomous region, or municipality directly under the Central Government for utilization purposes, a record of the transport shall be filed with the competent department of ecology and environment under the people's government of the province, autonomous region or municipality directly under the Central Government where the solid wastes are to be transported out. Such a competent department of ecology and environment shall give notice of such record to its counterpart of the province, autonomous region or municipality directly under the Central Government where the solid wastes are to be accepted.

Article 23   Importing solid wastes from outside of the territory of the People’s Republic of China for dumping, piling up or treating is prohibited.     

Article 24   The state gradually realizes zero import of solid wastes, the implementation of which shall be organized by the competent department of ecology and environment under the State Council in conjunction with the competent departments of commerce, development and reform and customs under the State Council.

Article 25   If the customs suspects that imported goods are solid wastes, it may entrust a specialized institution to identify the attribute of the goods, and deal with the goods according to law on the basis of  the identification conclusions.        

Article 26   The competent department of ecology and environment and their environmental law enforcement agencies and other departments responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes shall, according to their respective functions and responsibilities, have the power to conduct on-site inspection of entities or other producers and business operators engaged in the generation, collection, storage, transportation, utilization, or treatment of solid wastes. The inspectees shall faithfully report the relevant situations and provide necessary materials.

During on-site inspections, measures such as on-site monitoring, collection of samples, and consulting and duplicating materials related to the prevention and control of environmental pollution by solid wastes can be taken. Inspectors shall present their certificates when conducting on-site inspections. They shall keep confidential the trade secrets which come to their knowledge during on-site inspections.       

Article 27   Under any of the following circumstances, the competent ecology and environment departments and other departments responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes may seal up or seize the solid wastes that are illegally collected, stored, transported, utilized, or treated, as well as the relevant facilities, equipment, premises, tools and articles:

 (1)  circumstances that may lead to the loss, concealment or illegal transfer of evidence; or

 (2) circumstances that have caused or may cause serious environmental pollution.

Article 28   The competent ecology and environment departments shall, in conjunction with relevant departments, establish a credit record system for entities and other producers or business operators that generate, collect, store, transport, utilize, or treat solid wastes, and incorporate relevant credit records into the national credit information sharing platform.

Article 29  The competent department of ecology and environment under local people’s governments of cities divided into districts shall, in conjunction with the competent departments of housing and urban-rural development, agriculture and rural affairs, and health, etc., regularly publish information such as the types, volume generated, treatment capacity, and utilization and treatment status of solid wastes.

Entities that generate, collect, store, transport, utilize or treat solid wastes shall disclose information concerning the prevention and control of environmental pollution by solid wastes in accordance with law in a timely manner and voluntarily accept public supervision.

Entities that utilize or treat solid wastes shall open facilities and premises to the public in accordance with law to increase public awareness of and participation in environmental protection.      

Article 30   A people’s government at or above the county level shall include the situation of the prevention and control of environmental pollution by industrial solid wastes, household wastes, hazardous wastes and other solid wastes into the annual report on the environmental status and the completion of environmental protection goals, to be submitted to the people’s congress or its standing committee at the corresponding level.

 Article 31  Any organization or individual has the right to report to the relevant authorities on entities or individuals that cause environmental pollution by solid wastes.

The competent departments of ecology and environment and other departments responsible for supervision over and administration of the prevention and control of environmental pollution by solid wastes shall make the reporting channels known to the public, so as to facilitate public reporting.

The department that receives a report shall handle it in time and keep confidential the information related to the informer. If a real-name reporting is verified to be true, the informer shall be rewarded.

Where an informer reports on the entity he works for, the entity concerned shall not retaliate against the informer by terminating or changing his labour contract or by any other means.

Chapter III Industrial Solid Wastes

Article 32   The competent department of ecology and environment under the State Council shall, in conjunction with the competent departments of development and reform, and industry and information technology under the State Council, define the hazards of industrial solid wastes and their impact on public health and ecological environment, formulate technology policies on, and organize the dissemination of advanced production technologies and equipment for preventing and controlling environmental pollution by industrial solid wastes.      

Article 33   The competent department of industry and information technology under the State Council shall, in conjunction with other relevant departments under the State Council, organize the research and development and promote the wide use of  production techniques and equipment that reduce the amount of industrial solid wastes generated and their harmfulness, and publish catalogues of outdated production techniques and equipment that generate industrial solid wastes causing serious environmental pollution and therefore should be phased out within a specified time limit.

Manufacturers, sellers, importers, and users shall respectively stop the production, sale, import, or use of the equipment that is included in the catalogues mentioned in the preceding paragraph within the time limit specified by the competent department of industry and information technology under the State Council in conjunction with other relevant departments under the State Council. Users of production techniques shall stop using those included in the catalogues specified in the preceding paragraph within the time limit prescribed by the competent department of industry and information technology under the State Council in conjunction with other relevant departments under the State Council.

Equipment included in the catalogue of the equipment to be phased out within a specified time limit which is phased out accordingly shall not be transferred to any other entity for use.

 Article 34   The competent department of industry and information technology under the State Council shall, in conjunction with the competent departments of development and reform, and ecology and environment under the State Council, regularly publish a recommendation catalogue of technologies, processes, equipment and products for the comprehensive utilization of industrial solid wastes, and organize the evaluation of the comprehensive utilization of industrial solid waste resources, so as to promote the comprehensive utilization thereof.

 Article 35   Local people's governments at or above the county level shall formulate work plans for the prevention and control of environmental pollution by industrial solid wastes, and organize the construction of facilities for the centralized treatment of industrial solid wastes, so as to promote the prevention and control of environmental pollution by such wastes.        

Article 36    Entities where industrial solid wastes are generated shall establish a sound responsibility system for the prevention and control of environmental pollution covering the entire process of the generation, collection, storage, transportation, utilization, and treatment of industrial solid wastes, establish a record-keeping book for industrial solid wastes, faithfully record the types, amount, receivers, storage, utilization, treatment and other relevant information of industrial solid wastes to ensure that they can be traced and located, and take measures to prevent and control environmental pollution by industrial solid wastes.

The dumping of industrial solid wastes to household waste collection facilities shall be prohibited.        

Article 37  If an entity generating industrial solid wastes entrusts others to transport, utilize or treat industrial solid wastes, it shall verify the qualifications and technical capabilities of the entrusted party, sign a written contract according to law, and specify in the contract the requirements for pollution prevention and control.

The entrusted party shall transport, utilize or treat industrial solid wastes in compliance with the pollution prevention and control requirements prescribed in the provisions of relevant laws and regulations and in the contract, and notify the entrusting entity of the transportation, utilization or treatment of the industrial solid wastes.

If an entity generating industrial solid wastes violates the provisions of the first paragraph of this article, it shall, apart from being punished according to relevant laws and regulations, bear joint liability with the entrusted party that causes environmental pollution and ecological damage.

Article 38   Entities generating industrial solid wastes shall implement clean production audits in accordance with law, reasonably select and use raw materials, energy and other resources, and adopt advanced production techniques and equipment, so as to reduce the volume of industrial solid wastes generated and their harmfulness.

Article 39   An entity generating industrial solid wastes shall obtain a pollutant discharge permit. The specific measures and implementation procedures concerning the permit shall be stipulated by the State Council.

An entity generating industrial solid wastes shall provide the local competent department of ecology and environment with relevant materials regarding the types, amount, receivers, storage, utilization, and treatment of industrial solid wastes, as well as specific measures for reducing their generation and promoting their comprehensive utilization, and shall observe relevant regulations on the management regulations of pollutant discharge permits.      

Article 40   An entity generating industrial solid wastes shall, make use of such wastes in light of its financial and technical conditions. For industrial solid wastes that temporarily will not be utilized or are unable to be utilized, the entity shall, in compliance with the regulations of the competent department of ecology and environment under the State Council, build facilities and premises to ensure their safe and classified storage or adopt treatment measures to render them harmless. Protective measures in conformity with the national environmental protection standards shall be taken for the storage of industrial solid wastes.

 Facilities or premises for the storage or treatment of industrial solid wastes shall be built in compliance with national standards for environmental protection.

Article 41   Where an entity that generates industrial solid wastes terminates, measures for pollution prevention and control in facilities and premises where industrial solid wastes are stored or treated shall be taken prior to the termination, and the untreated industrial solid wastes shall be dealt with properly to prevent environmental pollution.

Where an entity that generates industrial solid wastes has changed, the new entity shall, pursuant to relevant state regulations on environmental protection, carry out safe disposal of untreated industrial solid wastes and of the storage and treatment facilities or premises thereof or take effective measures to ensure the safe operation of such facilities and premises. Where the parties concerned have, prior to the change, agreed otherwise in respect of their responsibilities for prevention and control of pollution by industrial solid wastes and the facilities and premises for their storage and treatment, such agreement shall prevail; nevertheless, such agreement shall not exempt the parties concerned from their obligation for the prevention and control of pollution.

The expenses incurred from the safe disposal of untreated industrial solid wastes and their storage and treatment facilities and premises left by an entity that had terminated before April 1, 2005 shall be borne by the relevant people’s government; however, if the land use right of the said entity has been transferred according to law, the transferee shall bear the expenses for the treatment. Where the parties concerned have agreed otherwise, such agreement shall prevail; however, such agreement shall not exempt the parties from their obligation for the prevention and control of pollution.      

Article 42   Mining enterprises shall adopt scientific mining methods and dressing processes to reduce the amount of solid mining wastes to be generated and stored, such as tailings, coal gangue and waste rock.

The state encourages the adoption of advanced processes to comprehensively utilize such solid mining wastes as tailings, coal gangue and waste rock.

After the facilities for the storage of such solid mining wastes as tailings, coal gangue and wastes rock fall into disuse, mining enterprises shall close off the facilities according to the relevant state regulations on environmental protection to prevent environmental pollution and ecological damage.

 Chapter IV Household Wastes

Article 43    Local people’s governments at or above the county level shall accelerate the establishment of a household waste management system for classified placement, collection, transportation, and treatment of household wastes, so as to achieve the effective coverage of the household waste classification and recycling system.

Local people’s governments at or above the county level shall establish a coordination mechanism for household waste classification, and strengthen and coordinate the capacity building for the management of household waste classification.

The people’s governments at all levels and their relevant departments shall organize and carry out publicity of household waste classification, educate and guide the public to develop the habit of sorting household wastes, and supervise and guide the implementation of household waste classification.       

Article 44    Local people’s governments at or above the county level shall systematically improve the fuel mix, develop clean energy, and reduce the amount of fuel waste residues and other solid wastes generated.

The relevant departments under local people’s governments at or above the county level shall strengthen the administration of product manufacture and circulation processes, avoid excessive packaging of products, arrange the supply of clean vegetable in markets, and reduce the amount of household wastes generated.      

Article 45   The people’s governments at or above the county level shall coordinate the construction of facilities for the collection, transportation and treatment of household wastes in urban and rural areas, designate sites for the facilities, improve the comprehensive utilization and harmless treatment of household wastes, promote the industrialized development of collection and treatment of household wastes, and gradually establish a sound social service system for the prevention and control of environmental pollution by household wastes.

The relevant departments of local people’s governments at or above the county level shall make overall plans to reasonably arrange the collecting, sorting and packaging establishments for promoting the recycling of household wastes.

Article 46    Local people’s governments at all levels shall strengthen the prevention and control of environmental pollution by household wastes in rural areas, so as to protect and improve the rural living environment.

The state encourages the reduction of rural household wastes at the source. Urban-rural fringe areas, densely populated rural areas, and other places where conditions permit shall establish an integrated urban-rural household waste management system; other rural areas shall actively explore household waste management models, suit measures to local conditions, and utilize or properly dispose of household wastes at nearby locations or in situ.

Article 47    The competent department of environmental sanitation under people’s governments at or above the level of the city divided into districts shall formulate specifications for the construction and operation of facilities or premises for the cleaning up, collection, storage, transportation and treatment of household wastes, issue guidance catalogues of household waste classification, and strengthen supervision and administration.

 Article 48    The competent department of environmental sanitation of local people’s governments at or above the county level shall organize the clean-up, collection, transportation, and treatment of household wastes in urban and rural areas, and may, by means of invitation to bid, select qualified entities to engage in the clean-up, collection, transportation, and treatment of household wastes.       

Article 49    Entities, households and individuals that generate household wastes shall, in accordance with law, perform their obligations of reducing household wastes at the source and sorting and placing household wastes by category and shall take the responsibility as producers of such wastes.

All entities and individuals shall, in accordance with law, classify and place household wastes at designated sites. Dumping, scattering, piling up or incineration of household wastes without authorization shall be prohibited.

State organs and public institutions shall play a leading role in household waste classification.

Household wastes that have been sorted and put at the designated places shall be collected, transported and treated by category in line with relevant regulations.

Article 50   Household wastes in urban and rural areas shall be cleaned up, collected, transported, and treated in compliance with relevant regulations of the state on environmental protection and sanitation management, so as to prevent environmental pollution.

Harmful wastes sorted out and collected from household wastes that belong to the category of hazardous wastes shall be managed as such.

Article 51   Entities engaged in the operation of public transportation shall clean up and collect household wastes generated in the course of transportation in a timely manner.

Article 52   Agricultural markets and wholesale markets of agricultural products, among others, shall strengthen environmental sanitation management, maintain environment sanitation, and clean up, sort, collect and properly dispose of the wastes generated in the markets in a timely manner.

Article 53    Entities engaged in the development of new urban areas, the renovation of old urban areas, the development and construction of urban residential areas, and the construction of villages and towns, as well as those engaged in the operation and management of public facilities and premises such as airports, docks, stations, parks, shopping malls and stadiums, shall, in accordance with the state regulations on environmental sanitation, build supporting facilities for the collection of household wastes.

Local people's governments at or above the county level shall make overall arrangement to ensure that public facilities for the transportation and treatment of household wastes are effectively aligned with the collection facilities specified in the preceding paragraph, and strengthen the integration of the household waste classification, collection and transportation system and the renewable resource recovery system in terms of planning, construction and operation.

Article 54    Substances recovered from household wastes shall be used according to the purposes and utilization standards prescribed by the state, and shall not be used to produce products that may harm human health.

Article 55   The construction of facilities and premises for treatment of household wastes shall comply with the standards on environmental protection and sanitation stipulated by the competent department of ecology and environment and the competent department of housing and urban-rural development under the State Council.

Neighbouring areas shall be encouraged to coordinate the construction of household waste treatment facilities, so as to promote the joint construction and sharing of household waste treatment facilities across administrative areas.

Closing down, leaving idle or dismantling facilities and premises for the treatment of household wastes without approval or authorization shall be prohibited; where the closing down, leaving idle or dismantling of such facilities is truly necessary, it shall be subjected to the examination and approval by the competent department of environmental sanitation under the local people’s government at the municipal or county level after obtaining consent from the local competent department of ecology and environment, and measures shall be taken to prevent environmental pollution.        

Article 56   Entities that treat household wastes shall, in accordance with relevant state regulations, install and use monitoring equipment to carry out real-time monitoring of pollutant discharge, and disclose the data to the public in real time. Such monitoring equipment shall be connected through networks to that of the local competent ecology and environment department.

Article 57   The competent department of environmental sanitation under local people’s governments at or above the county level shall be responsible for organizing efforts to turn the household food wastes into a resource or make it innocuous through treatment.

Entities and other producers and business operators that generate and collect household food wastes shall hand it over to entities with corresponding qualifications for the environmentally sound treatment thereof.

Livestock and poultry farms and breeding communities shall be prohibited from feeding livestock and poultry with household food wastes not rendered innocuous through treatment.        

Article 58   Local people’s governments at or above the county level shall establish a fee-charging system for the treatment of household wastes in accordance with the principle that those who generate wastes shall bear the expenses for their treatment.

In formulating fee-charging standards for household waste treatment, local people’s governments at or above the county level shall take into consideration local conditions and household waste sorting conditions, embody such differentiated management methods as classified pricing and amount-based charges and fully solicit public opinions. The fee-charging standards for the treatment of household wastes shall be made known to the public.

The household waste treatment fee shall be used exclusively on the collection, transportation and treatment of household wastes, and shall not be used for other purposes.

Article 59   Provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts and autonomous prefectures may, in the light of their respective actual conditions, formulate specific local measures for the management of household wastes.

Chapter V Construction Wastes, Agricultural Solid Wastes and Others

Article 60   Local people’s governments at or above the county level shall strengthen the prevention and control of environmental pollution by construction wastes and establish a system for the classified treatment of such wastes.

Local people’s governments at or above the county level shall formulate a work plan for the prevention and control of pollution by construction wastes, including reduction at the source, classified treatment, and layout and construction of facilities and premises that can accommodate and treat such wastes.        

Article 61   The state encourages the adoption of advanced technologies, processes, equipment and management measures to facilitate the reduction of construction wastes at the source and to establish a recycling system for construction wastes.

Local people’s governments at or above the county level shall promote the wide use of products from the comprehensive utilization of construction wastes.        

Article 62   The competent department of environmental sanitation under local people’s governments at or above the county level shall be responsible for the prevention and control of environmental pollution by construction wastes, establish a whole-process waste management system, regulate the generation, collection, storage, transportation, utilization, and treatment of construction solid wastes, promote comprehensive utilization, strengthen the construction of treatment facilities and premises, ensure the safety of treatment and prevent environmental pollution. Article 63      Entities undertaking construction projects shall prepare a construction waste treatment plan, take preventive measures against pollution, and submit the plan and the measures to the competent department of environmental sanitation under the local people’s governments at or above the county level for record.

Entities undertaking construction projects shall, in a timely manner, clean up and transport construction wastes and other solid wastes generated in the course of the construction, and utilize or treat them in compliance with regulations of the competent departments of environmental sanitation.

Entities undertaking construction projects shall not dump, scatter or pile up construction wastes generated in the course of the construction without approval or authorization.

Article 64   The competent department of agriculture and rural affairs of the people’s governments at and above the county level shall be responsible for guiding the building of a recycling system for agricultural solid wastes, encouraging and guiding relevant entities and other producers and business operators to collect, store, transport, utilize, and treat agricultural solid wastes according to law, and strengthening supervision and administration to prevent environmental pollution.        

Article 65   Entities and other producers and business operators that generate agricultural solid wastes such as straw, discarded agricultural films and pesticide packaging wastes shall take recycling measures and other measures to prevent environmental pollution.

Those engaged in large-scale livestock and poultry farming shall, in the course of farming, collect, store, utilize or treat solid wastes such as excrement from livestock and poultry in a timely manner, so as to avoid environmental pollution.

Open-air burning of straw in densely populated areas, in the neighbouring areas of airports, on the peripheries of main traffic lines and in other areas delimited by local people’s governments shall be prohibited.

The state encourages research and development, production, sale and utilization of agricultural films that are degradable and innocuous in the environment.        

Article 66   The state establishes the extended producer responsibility system for electrical and electronic products, lead-based batteries, electric vehicle batteries, and the like.

Producers of electrical and electronic products, lead-based batteries, electric vehicle batteries, and the like shall, in compliance with relevant regulations, establish a waste products recovery system that matches the sales volume of their products, either by means of construction by themselves or through commission, and disclose information about this system to the public, so as to achieve effective recycling and utilization of wastes.

The state encourages producers of such products to carry out ecological design to promote resource recycling.

Article 67   The state implements a multi-channel recovery and centralized treatment system for waste electrical and electronic products.

Handing scrapped motor vehicles and vessels over to enterprises or individuals that do not meet the prescribed conditions for recovery or dismantlement shall be prohibited.

Waste electrical and electronic products, motor vehicles and vessels shall be dismantled, utilized and treated in compliance with relevant laws and regulations, and measures shall be taken to prevent environmental pollution.      

Article 68   The design and manufacture of products and packaging materials shall comply with the state regulations on clean production. The competent department of standardization under the State Council shall, on the basis of the national economic and technical conditions, in light of the situation of prevention and control of environmental pollution by solid wastes, and in compliance with the technical requirements of the products, organize the formulation of relevant standards to prevent environmental pollution by excessive packaging.

Producers and business operators shall abide by the mandatory standards that restrict excessive packaging of commodities and avoid excessive packaging. The competent department of market supervision and administration under local people’s governments at or above the county level and other relevant departments shall, in accordance with their respective functions and responsibilities, strengthen the supervision over and administration of excessive packaging.

Enterprises that produce, sell, or import products and packaging that are listed in the compulsory recovery catalogue shall recover the products and packaging in accordance with the relevant state regulations.

E-commerce, express delivery, food delivery and other relevant industries shall give priority to the use of reusable and easily recyclable packaging materials, optimize packaging of goods, and reduce the use of and actively recycle packaging materials. The competent departments of commerce, postal services and other relevant departments under local people’s governments at or above the county level shall strengthen supervision and administration.

The state encourages and guides consumers to use green packaging and reduced packaging.

Article 69   The state prohibits or restricts the production, sale, and use of non-degradable plastic bags and other disposable plastic products according to law.

Retail establishment operators, e-commerce platform enterprises, express delivery enterprises and food delivery enterprises shall, in accordance with relevant state regulations, report to the competent departments of commerce and postal services on their use and recovery of plastic bags and other disposable plastic products.

The state encourages and guides the public in reducing the consumption of and actively recovering plastic bags and other disposable plastic products, and promotes the wide use of alternative products that are recyclable, easily recoverable, and degradable.

Article 70   Tourism, accommodation and other industries shall, according to relevant regulations of the state, implement the initiative of not providing disposable supplies to customers without being asked to.

In offices of state organs, enterprises and public institutions, etc., products, equipment and facilities that are conducive to environmental protection shall be used, and the use of disposable office supplies shall be reduced.

Article 71  Entities engaged in the maintenance and operation of urban sewage treatment facilities or in sludge treatment shall safely treat the sludge, ensure that the treated sludge conforms to relevant standards of the state, keep tracking and recording receivers, usage and volume of sludge, and report their work to the competent department of urban drainage and the competent department of ecology and environment.

The competent department of urban drainage under local people’s governments at or above the county level shall incorporate sludge treatment facilities into their respective planning of urban drainage and sewage treatment, promote the simultaneous construction of sludge and sewage treatment facilities, and encourage collaborative treatment; and the fee collection standards and compensation scope of sewage treatment shall cover the sludge treatment cost and the normal operating cost of sewage treatment facilities.        

Article 72   Unauthorized dumping, piling up, discarding or scattering of sludge generated by urban sewage treatment facilities as well as treated sludge shall be prohibited.

Sludge containing heavy metals or other toxic or hazardous substances exceeding standards shall be prohibited from entering into agricultural land.

Those engaged in the dredging of water bodies shall dispose of the sediment generated in the process in compliance with relevant state regulations, so as to prevent environmental pollution.

Article 73   Laboratories of different types at all levels and their subordinate entities shall strengthen the management of solid wastes generated therefrom, and collect, store, transport, utilize, and treat laboratory solid wastes according to law. Laboratory solid wastes that belong to the category of hazardous wastes shall be managed as such.

Chapter VI Hazardous Wastes

Article 74   The provisions of this Chapter shall be applicable to the prevention and control of environmental pollution by hazardous wastes. With regard to cases for which no provisions are formulated in this Chapter, other relevant provisions of this Law shall apply.       

Article 75   The competent department of ecology and environment under the State Council shall, in conjunction with the relevant departments of the State Council, formulate the national catalogue of hazardous wastes, lay down unified criteria and methods for the identification and labeling of hazardous wastes, as well as the management requirements for entities engaged in the identification work. The national catalogue of hazardous wastes shall be adjusted dynamically.

The competent department of ecology and environment under the State Council shall scientifically assess the environmental risks of hazardous wastes on the basis of their hazardous characteristics and the amount generated, implement hierarchical and classified management, establish an informatized supervision system, and manage and share hazardous waste transfer data and information by information technology.        

Article 76   The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall organize relevant departments to formulate plans for the construction of facilities and premises for centralized treatment of hazardous wastes, scientifically assess the need for hazardous waste treatment, and make reasonable overall arrangements for centralized treatment facilities and premises, so as to ensure the proper treatment of hazardous wastes within their respective administrative areas.

When preparing plans for the construction of facilities and premises for centralized treatment of hazardous wastes, opinions shall be solicited from the relevant industry associations, enterprises and public institutions, experts and the public.

Neighbouring provinces, autonomous regions, or municipalities directly under the Central Government may carry out regional cooperation to coordinate the construction of regional centralized treatment facilities and premises for hazardous wastes.        

Article 77   Labels of hazardous wastes shall be put on the containers and packages of hazardous wastes as well as on the facilities and premises for collection, storage, transportation, utilization or treatment of such wastes according to relevant regulations.        

Article 78   Hazardous wastes generating entities shall, in accordance with relevant state regulations, work out a hazardous waste management plan, maintain a record-keeping book to faithfully record the relevant information, and report to the local competent departments of ecology and environment the information such as the types, amount, receivers, storage and treatment of hazardous wastes through the national hazardous waste information management system.

The hazardous waste management plan referred to in the preceding paragraph shall include measures for reducing the amount of hazardous wastes generated and their harmfulness, as well as measures for the storage, utilization and treatment of such wastes. The plan shall be submitted for record to the competent ecology and environment departments in the places in which the hazardous wastes generating entities are located.

Hazardous wastes generating entities that have obtained a pollutant discharge permit shall observe the management regulations of pollutant discharge permits.        

Article 79    Hazardous wastes generating entities shall store, utilize and treat hazardous wastes in accordance with relevant state regulations and environmental protection standards, and shall not dump or pile up hazardous wastes without authorization.       

Article 80   Entities engaged in collecting, storing, utilizing, or treating hazardous wastes shall apply for permits according to relevant state regulations. The specific measures for the management of the permits shall be formulated by the State Council.

The collection, storage, utilization or treatment of hazardous wastes without a permit or in violation of the provisions contained in the permit shall be prohibited.

Providing or entrusting hazardous wastes to entities or other producers and business operators that do not have the permit for the collection, storage, utilization or treatment of hazardous wastes shall be prohibited.

Article 81    Hazardous wastes shall be collected and stored separately as classified according to their different properties. The mixed collection, storage, transportation or treatment of hazardous wastes that are incompatible and have not undergone safe disposal are prohibited.

Protective measures which conform to the environmental protection standards of the state shall be adopted for storage of hazardous wastes. Mixing hazardous wastes into non-hazardous wastes for storage is prohibited.

Entities engaged in collection, storage, utilization, or treatment of hazardous wastes shall not keep the hazardous wastes in storage for more than one year; where it is really necessary to extend the time limit, the entities shall report the matter to and obtain approval from the competent department of ecology and environment that originally issued the permit to them, unless otherwise stipulated by laws and administrative regulations.

Article 82   For the transfer of hazardous wastes to other locations, the electronic or paper transfer forms shall be filled out and transferred according to the relevant state regulations.

Where hazardous wastes are transferred across provinces, autonomous regions or municipalities directly under the Central Government, an application shall be submitted to the competent department of ecology and environment under the people’s government of the province, autonomous region or municipality directly under the Central Government where the hazardous wastes are to be transferred out. The said department may grant approval of transferring the hazardous wastes out within a specified time limit only after timely consulting with and obtaining the consent of the competent department of ecology and environment under the people’s government of the province, autonomous region or municipality directly under the Central Government where the wastes are to be accepted and shall give notice of such approval to the competent ecology and environment department and transport department under the people’s governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government. No such transfer shall be made without approval.

Measures shall be taken to realize the whole-process control and improve the management efficiency of hazardous waste transfer. The specific measures shall be formulated by the competent department of ecology and environment under the State Council in conjunction with the competent department of transport and the department of public security under the State Council.

Article 83  For transportation of hazardous wastes, measures for preventing environmental pollution shall be adopted and relevant state regulations on the management of transportation of hazardous goods shall be observed.

Having hazardous wastes and passengers carried by one and the same means of transport is prohibited.

Article 84   When premises, facilities, equipment as well as containers, packages and other articles used for the collection, storage, transportation, utilization and treatment of hazardous wastes are to be used for other purposes, they shall be decontaminated in compliance with relevant regulations of the state before being put into use.

Article 85   Entities that generate, collect, store, transport, utilize, or treat hazardous wastes shall formulate precaution measures and emergency plans against accidents in accordance with law, and shall submit for record those measures and plans to the local competent department of ecology and environment and other departments responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes. Such authorities shall conduct inspections.

Article 86   Entities that cause serious environmental pollution by hazardous wastes due to accidents or other emergencies shall immediately take effective measures to eliminate or mitigate the damage to the environment, promptly notify the entities and residents that may be harmed by the pollution, and in the meantime, report the matter to the local competent department of ecology and environment and other relevant departments and be ready for investigation and settlement of the matter.        

Article 87  When severe environmental pollution by hazardous wastes has happened, thus threatening the safety of the health and property of residents, or when there is evidence indicating that such an incident may happen, the competent department of ecology and environment or other departments responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes shall immediately report the matter to the people’s government at the corresponding level and the relevant departments of the people’s government at the next higher level, which shall take effective measures to prevent or mitigate the damage. The relevant people’s governments may, where necessary, order the stop of the operation that has led to or may lead to such environmental pollution incidents.

Article 88   Prior to the decommissioning of key centralized treatment facilities and premises for hazardous wastes, the operating entities shall, in accordance with relevant state regulations, take pollution prevention and control measures on such facilities and premises. Fund for the decommissioning thereof shall be allocated in advance and included in the investment estimation or production costs, and shall be used exclusively for the decommissioning of such facilities and premises. Concrete measures for the allocation and management of the fund shall be formulated by the department of finance and the competent department of pricing under the State Council in conjunction with the competent department of ecology and environment under the State Council.

Article 89    Transferring hazardous wastes via the territory of the People’s Republic of China is prohibited.

Article 90   Medical wastes shall be managed in accordance with the national catalogue of hazardous wastes. Local people’s governments at or above the county level shall strengthen the capacity building for the centralized treatment of medical wastes.

The competent departments of health and ecology and environment of people’s governments at or above the county level shall, according to their respective functions and responsibilities, strengthen the supervision over and administration of the collection, storage, transportation, and treatment of medical wastes, so as to prevent medical wastes from harming public health and polluting the environment.

Medical and healthcare institutions shall, in accordance with law, classify and collect medical wastes generated therefrom and hand them over to entities engaged in the centralized treatment of medical wastes. Such entities shall collect, transport and treat medical wastes in a timely manner.

Medical and healthcare institutions and entities engaged in centralized treatment of medical wastes shall take effective measures to prevent the runoff, leaking, seeping, or spread of medical wastes.

Article 91   In the event of an outbreak of a major infectious disease or other emergencies, the people’s governments at or above the county level shall make overall plans for and coordinate the collection, storage, transportation, and treatment of medical wastes and other hazardous wastes, and ensure the supply of necessary vehicles, premises, treatment facilities and protective supplies. The competent departments of health, ecology and environment, environmental sanitation and transportation shall collaborate with one another and perform their duty of emergency response according to law.

Chapter IV Safeguard Measures

Article 92    The relevant departments under the State Council and local people’s governments at or above the county level and their relevant departments shall, in the course of making spatial planning and relevant special plans, coordinate the construction demands for facilities of the transfer and centralized treatment of solid wastes such as household wastes, construction wastes and hazardous wastes, and guarantee land use for such facilities.

Article 93   The state adopts economic and technology policies and measures to facilitate the prevention and control of environmental pollution by solid wastes, encourages and supports relevant parties to take measures for the prevention and control of such pollution, and strengthen the training and guidance for personnel engaged in the relevant work, so as to promote the professional and large-scale development of the industry of prevention and control of environmental pollution by solid wastes.

Article 94    The state encourages and supports scientific research institutions, entities which generate solid wastes and entities that utilize or treat solid wastes to carry out joint research and develop new technologies for the comprehensive utilization and centralized treatment of solid wastes, and promote the technological progress in the prevention and control of environmental pollution by solid wastes.

Article 95    The people’s governments at all levels shall strengthen the prevention and control of environmental pollution by solid wastes, and allocate necessary funds for the following matters according to the principle of division of power and responsibilities:

(1) scientific research and technological development for the prevention and control of environmental pollution by solid wastes;

(2) household waste classification;

(3) construction of facilities for centralized treatment of solid wastes;

(4) emergency treatment of medical wastes and other hazardous wastes resulting from emergencies such as outbreaks of major infectious diseases; and

(5) other matters related to the prevention and control of environmental pollution by solid wastes.

In terms of the use of funds, efforts shall be made to strengthen performance management and audit supervision to ensure the effective use of funds.

Article 96   The state encourages and supports non-governmental sectors to participate in the prevention and control of environmental pollution by solid wastes, and provides policy support to them in compliance with relevant regulations of the state.

Article 97   The state promotes the development of green finance and encourages financial institutions to increase credit loans for projects on the prevention and control of environmental pollution by solid wastes.       

Article 98    Those engaged in the prevention and control of environmental pollution by solid wastes, such as the comprehensive utilization of solid wastes, shall enjoy tax benefits in accordance with provisions of laws and administrative regulations.

The state encourages and calls on all sectors of society to donate for the prevention and control of environmental pollution by solid wastes, and grants tax preferences to those who do so in accordance with relevant provisions of laws and administrative regulations.

Article 99    Entities that collect, store, transport, utilize, or treat hazardous wastes shall insure themselves against liability for environmental pollution according to relevant state regulations.

Article 100   The state encourages entities and individuals to purchase and use comprehensive utilization products and reusable products.

In government procurement, the people’s governments at or above the county level and their relevant departments shall give priority to comprehensive utilization products and reusable products.

Chapter VIII Legal Liabilities

Article 101   Where a competent department of ecology and environment or any other department responsible for the supervision over and administration of the prevention and control of environmental pollution by solid wastes commits any of the following acts in violation of the provisions of this Law, the people’s government at the corresponding level or the relevant department of the people’s government at  a higher level shall order it  to make corrections, and impose a penalty according to law on the person in charge with direct responsibility and other persons directly responsible for such an act:

(1) failing to grant administrative licenses or issue approval documents in accordance with law;

(2) covering up illegal acts;

(3) failing to seal up or seize illegal items in accordance with law;

(4) failing to investigate and deal with illegal activities discovered or reported; and

(5) other illicit acts, such as abuse of power, negligence of duty, and favouritism for personal gains.

Where an administrative penalty decision ought to be made in accordance with this Law but fails to be made, it can be made directly by a competent department at a higher level.        

 Article 102   Any entity that, in violation of the provisions of this Law, commits any of the following acts shall be ordered to make corrections, and a fine shall be imposed on it and its illegal gains shall be confiscated by the competent department of ecology and environment; where the circumstances are serious, it may be ordered to suspend or shut down business upon the approval of a competent people’s government:

 (1) in the case of an entity generating solid wastes or an entity that collects, stores, transports, utilizes, or treats solid wastes, failing to disclose information on the prevention and control of environmental pollution by solid wastes in a timely manner in accordance with law;

(2) in the case a household waste handling entity, failing to install and use monitoring equipment in accordance with relevant state regulations, to monitor pollutant discharge or to disclose pollutant discharge data in real time as required;

(3) transferring, for use by another, obsolete equipment included in the list of equipment to be phased out within a specified time limit;

 (4) building facilities or premises for the centralized storage, utilization or treatment of industrial solid wastes or hazardous wastes, or landfills for household wastes in ecological protection red line areas, areas with concentrated permanent basic farmland or other areas that require special protection;

(5) transferring solid wastes out of the administrative area of a province, autonomous region, or municipality directly under the Central Government for storage or treatment without approval;

(6) transferring solid wastes out of the administrative area of a province, autonomous region, or municipality directly under the Central Government for utilization without filing for record;

 (7) dumping, piling up, discarding, or scattering industrial solid wastes without approval or authorization, or failing to take corresponding preventive measures, thereby resulting in the scattering, runoff, leaking or seeping of industrial solid wastes or other environmental pollution;

(8) in the case of an industrial solid wastes generating entity, failing to establish a record-keeping book and faithfully keep a record of solid wastes;

(9)  in the case of an industrial solid wastes generating entity, entrusting others with the transportation, utilization and treatment of industrial solid wastes in violation of the provisions of this Law;

(10) failing to adopt protective measures in line with the environmental protection standards of the state for the storage of industrial solid wastes; or

(11) in the case of an entity, producer or business operator, violating other requirements for the management of solid wastes, thereby resulting in environment pollution or ecological damage.

Any of the acts prescribed in Subparagraphs  (1) and (8) of the preceding paragraph shall be punishable by a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan; any of the acts prescribed in Subparagraphs (2), (3), (4), (5), (6), (9), (10) and (11) of the preceding paragraph shall be punishable by a fine of not less than RMB 100,000 yuan but not more than RMB 1 million yuan; any of the acts in Subparagraph (7) of the preceding paragraph shall be punishable by a fine of not less than one time but not more than three times the expenses of waste treatment; if the treatment expenses are less than RMB 100,000 yuan, the calculation of the fine shall be made on the basis of treatment expenses of RMB 100,000 yuan. If relevant laws and administrative regulations provide otherwise for the punishment of the acts specified in Subparagraph (11) of the preceding paragraph, those provisions shall apply.

Article 103   Any entity that, in violation of the provisions of this Law, refuses or obstructs supervision and inspection by hindering or besieging them or holding them up, or practices falsification while undergoing supervision and inspection, shall be ordered to make corrections and a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan shall be imposed by the competent department of ecology and environment or other departments responsible for the supervision and administration of prevention and control of environmental pollution by solid wastes; and the person in charge with direct responsibility and other persons directly responsible for such acts shall be subjected to a fine of not less than RMB 20,000 yuan but not more than RMB 100,000 yuan.        

Article 104  Any entity that, in violation of the provisions of this Law, illegally generates industrial solid wastes without having obtained a pollutant discharge permit in accordance with law, shall be ordered to make corrections, or restrict or stop operation for rectification, and be fined not less than RMB 100,000 yuan but not more than RMB 1 million yuan by the competent department of ecology and environment; where the circumstances are serious, the entity shall be ordered to suspend or shut down its business operation upon the approval of the competent people’s government.

Article 105  Any producer or business operator that, in violation of the provisions of this Law, fails to abide by the mandatory standards that restrict excessive packaging of commodities, shall be ordered to make corrections by the department of market supervision and administration under the local people’s government at or above the county level or the relevant departments; those that refuse to make corrections shall be fined not less than RMB 2,000 yuan but not more than RMB 20,000 yuan; where the circumstances are serious, a fine of not less than RMB 20,000 yuan but not more than RMB 100,000 yuan shall be imposed.

Article 106   Any entity that, in violation of the provisions of this Law, fails to abide by the state regulations on prohibiting or restricting the use of non-degradable plastic bags and other disposable plastic products, or to report the use of the said products in compliance with relevant state regulations shall be ordered to make corrections and be fined not less than RMB 10,000 yuan but not more than RMB 100,000 yuan by the competent departments of commerce and postal services under the local people’s government at or above the county level.

Article 107   Any entity engaged in large-scale livestock and poultry farming that fails to collect, store, utilize or treat solid wastes such as excrement generated during the farming in a timely manner,  shall be ordered to make corrections, and may be fined up to RMB 100,000 yuan by the competent department of ecology and environment; where the circumstances are serious, the entity shall be ordered to suspend or shut down business upon the approval of the competent people’s government.        

Article 108   Any entity engaged in the maintenance and operation of urban sewage treatment facilities or sludge treatment that, in violation of the provisions of this Law, fails to track or record receivers, use and volume of the sludge, or to conform to relevant standards of the state in the treatment of sludge shall be ordered to make corrections and given a warning by the competent department of urban drainage; if serious consequences are caused, the entity shall be subjected to a fine of not less than RMB 100,000 yuan but not more than RMB 200,000 yuan; where the entity refuses to make corrections, the competent department of urban drainage may designate an entity with the treatment capacity to do the work and the expenses incurred shall be borne by the violator.

Any entity that, in violation of the provisions of this Law, dumps, piles up, discards or scatters sludge generated by urban sewage treatment facilities or the treated sludge without authorization shall be ordered to make corrections, and be fined not less than RMB 200,000 yuan but not more than RMB 2 million yuan by the competent department of urban drainage, and the person in charge with direct responsibility and other persons directly responsible for such an act shall be subjected to a fine of not less than RMB 20,000 yuan but not more than RMB 100,000 yuan; if serious consequences are caused, the entity shall be fined not less than RMB 2 million yuan but not more than RMB 5 million yuan, while the person in charge with direct responsibility and other persons directly responsible for such an act shall be subjected to a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. Where the entity refuses to make corrections, the competent department of urban drainage shall designate an entity with the treatment capacity to do the work and the expenses incurred shall be borne by the violator.        

Article 109   Any entity that, in violation of the provisions of this Law, produces, sells, imports or uses phased-out equipment or employs phased-out production processes shall be ordered to make corrections, be fined not less than RMB 100,000 yuan but not more than RMB 1 million yuan, and its illegal gains thereof shall be confiscated by the department designated by the local people’s government at or above the county level; where the circumstances are serious, it shall be ordered to suspend or shut down its business by the department designated by the local people’s government at or above the county level after the designated department putting forward suggestions to and receiving the approval from the competent people’s government.        

Article 110   Any entity that fails to close, in compliance with relevant state regulations on environmental protection, the fields in which the facilities for the storage of solid mining wastes such as tailings, coal gangue and waste rock are no longer in use, shall be ordered to make corrections and be fined not less than RMB 200,000 yuan but not more than RMB 1 million yuan by the competent department of ecology and environment.        

 Article 111   Any entity or individual that, in violation of this Law, commits any of the following acts, shall be ordered to make corrections, be fined, and the illegal gains thereof shall be confiscated by the competent department of environmental sanitation under the local people’s government at or above the county level:

(1) dumping, scattering, piling up or incinerating household wastes at will;

(2) closing off, leaving idle or dismantling facilities and premises for the treatment of household wastes without approval or authorization;

(3) in the case of an entity that undertakes construction projects, failing to prepare a construction waste treatment plan and report it for record, or to timely clean up and remove the solid wastes generated in the course of construction;

(4) in the case of an entity that undertakes construction projects, dumping, discarding or piling up construction wastes generated in the course of construction without approval or authorization, or failing to utilize or treat such wastes in accordance with relevant regulations;

(5) in the case of entities or other producers or business operators that generate or collect household food wastes, failing to hand over such wastes to entities with corresponding qualifications for treatment to render them harmless;

(6) in the case of livestock and poultry farms and breeding communities, feeding livestock or poultry with the household food wastes that have not been rendered harmless through treatment; or

(7) discarding or scattering household wastes along the way in the course of transportation.

An entity that commits any of the acts specified in Subparagraphs (1) and (7) of the preceding paragraph shall be subjected to a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan; an entity that commits any of the acts specified in Subparagraphs (2), (3), (4), (5) and (6) of the preceding paragraph shall be subjected to a fine of not less than RMB 100,000 yuan but not more than RMB 1 million yuan; and an individual who commits any of the acts specified in Subparagraphs (1), (5) and (7) of the preceding paragraph shall be subjected to a fine of not less than RMB 100 yuan but not more than RMB 500 yuan.

An entity or individual that, in violation of the provisions of this Law, fails to sort and place household wastes at designated sites shall be ordered by the competent department of environmental sanitation under the local people’s government at or above the county level to make corrections; where the circumstances are serious, the said entity shall be subjected to a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan and the said individual shall be subjected to a fine in accordance with law.       

Article 112      Any entity that in violation of this Law,  commits any of the following acts, shall be ordered to make corrections, and a fine shall be imposed and the illegal gains thereof shall be confiscated by the competent department of ecology and environment; where the circumstances are serious, it may be ordered to suspend or shut down its business upon the approval of the competent people’s governments:

(1) failing to attach labels of hazardous wastes according to relevant regulations;

(2) failing to formulate a hazardous waste management plan or submit materials related to hazardous wastes in compliance with relevant state regulations;

(3) dumping or piling up hazardous wastes without approval or authorization;

(4) providing or entrusting hazardous wastes to entities or other producers or business operators that have no permits for engaging in business operation related to hazardous wastes; 

(5) failing to fill out or transfer the forms for the transfer of hazardous wastes in compliance with relevant state regulations, or transferring hazardous wastes without approval or authorization;

(6) failing to store, utilize or treat hazardous wastes in compliance with the environmental protection regulations of the state, or mixing hazardous wastes with non-hazardous wastes for storage;

(7) collecting, storing, transporting or treating, in a mixed way, incompatible hazardous wastes without taking safe disposal measures;

(8) having hazardous wastes and passengers carried by one and the same means of transport;

(9) using for other purposes the premises, facilities, equipment and containers, packages or other articles that have been used for the collection, storage, transportation, or treatment of hazardous wastes without taking decontamination measures;

(10) failing to adopt corresponding preventive measures, thereby resulting in the scattering, runoff, leaking or seeping of hazardous wastes or other types of environmental pollution thereof;

(11) discarding or scattering hazardous wastes along the way in the course of transportation;

(12) failing to formulate preventive measures and emergency plans for accidents caused by hazardous wastes; or

 (13) failing to establish and maintain a record-keeping book for and faithfully keep a record of hazardous wastes in compliance with the relevant state regulations.

An entity that commits any of the acts specified in Subparagraphs  (1), (2), (5), (6), (7), (8), (9), (12) and (13) of the preceding paragraph shall be subjected to a fine of not less than RMB 100,000 yuan but not more than RMB 1 million yuan; an entity that commits any of the acts specified in Subparagraphs (3), (4), (10) and (11) of the preceding paragraph shall be subjected to a fine of not less than three times but not more than five times the expenses of waste treatment, and if the treatment expenses are less than RMB 200,000 yuan,  the calculation of the fine shall be made on the basis of treatment expenses of RMB 200,000 yuan.        

Article 113   Where an entity, in violation of the provisions of this Law, fails to treat the hazardous wastes generated by it according to relevant regulations, and refuses to make corrections after being ordered to do so, the competent department of ecology and environment shall organize the treatment thereof, and the expenses thus incurred shall be borne by the said entity; where the entity refuses to bear such expenses, it shall be subjected to a fine of not less than one time but not more than three times the expenses of waste treatment.        

Article 114   An entity that engages in the business activities of collection, storage, utilization or treatment of hazardous wastes without a permit shall be ordered to make corrections, be fined not less than RMB 1 million yuan but not more than RMB 5 million yuan, and ordered to suspend or shut down its business by the competent department of ecology and environment upon the approval of the competent people’s government; its legal representative, principal person in charge, person in charge with direct responsibility and other persons responsible for such an act shall be subjected to a fine of not less than RMB 100,000 yuan but not more than RMB 1 million yuan.

An entity that fails to engage in the business activities of the collection, storage, utilization or treatment of hazardous wastes in consistent with the provisions of the permit shall be ordered to make corrections, restrict production or suspend production for rectification, and be fined not less than RMB 500,000 yuan but not more than RMB 2 million yuan by the competent department of ecology and environment; its legal representative, principal person in charge, person in charge with direct responsibility and other persons responsible for such an act shall be subjected to a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan; where the circumstances are serious, it shall be ordered to suspend or shut down its business upon the approval of the competent people’s government, and its permit may be revoked by the issuing authority.        

Article 115   An entity that, in violation of the provisions of this Law, imports solid wastes into the territory of the People’s Republic of China shall be ordered by the customs to transport the wastes back to their original place and subjected to a fine of not less than RMB 500,000 yuan but not more than RMB 5 million yuan.

The carrier shall bear joint and several liability with the importer for the return and treatment of the solid wastes specified in the preceding paragraph.        

Article 116   An entity that, in violation of the provisions of this Law, transfers hazardous wastes via the territory of the People’s Republic of China shall be ordered by the customs to transport the wastes back to their original place and be subjected to a fine of not less than RMB 500,000 yuan but not more than RMB 5 million yuan.        

Article 117   With regard to the illegally imported solid wastes, the competent department of ecology and environment under the people’s governments at or above the provincial level shall put forward suggestions to the customs in accordance with law, and the customs shall make a decision on punishment in accordance with provisions of Article 115 of this Law. If environmental pollution has been caused, the competent department of ecology and environment under the people’s governments at or above the provincial level shall order the importer to eliminate the pollution.        

Article 118  An entity that, in violation of the provisions of this Law, causes an environmental pollution incident by solid wastes shall, in addition to accepting liability for compensation according to law, be subjected to a fine by the competent department of ecology and environment according to the second paragraph of this Article, and be ordered to take treatment measures within a specific period of time; in the case of a severe or especially serious environmental pollution incident caused by solid wastes, it may be ordered to shut down  business upon the approval of the competent people’s government.

In the case of a moderate or relatively serious environmental pollution incident caused by solid wastes, the said entity shall be subjected to a fine of not less than one time but not more than three times the direct economic losses caused by the incident; in the case of a severe or especially serious environmental pollution incident caused by solid wastes, the said entity shall be subjected to a fine of not less than three times but not more than five times the direct economic losses caused thereby and its legal representative, principal person in charge, person in charge with direct responsibility and other persons responsible for such an incident shall be subjected to a fine of not more than 50% of their annual incomes paid by the entity in the preceding year.

Article 119   Where an entity, a producer or a business operator has been punished with a fine and ordered to make corrections for discharging solid wastes in violation of the provisions of this Law, the administrative organ that has made the punishment decision shall organize a review of the said entity, producer or business operator and shall impose on it a daily penalty in accordance with the provisions of the Environmental Protection Law of the People’s Republic of China in the case that the illegal act continues.        

Article 120  Where an entity, in violation of the provisions of this Law, commits any of the following acts which does not yet constitute a crime, its legal representative, principal person in charge, person in charge with direct responsibility and other persons responsible for such an act shall be punished by detention for not less than 10 days but not more than 15 days by the public security organ; where the circumstances are relatively minor, they shall be punished by detention for not less than 5 days but not more than 10 days:

(1) dumping, piling up, discarding or scattering solid wastes without approval or authorization, thereby resulting in serious consequences;

(2) building facilities or premises for centralized storage, utilization or treatment of industrial solid wastes or hazardous wastes, or landfills for household wastes in ecological protection red line areas, areas with concentrated permanent basic farmland or other areas that require special protection;

(3) providing or entrusting hazardous wastes to entities or other producers and business operators that do not have the permit for piling up, utilization or treatment of hazardous wastes;

(4) collecting, storing, utilizing or treating hazardous wastes without a permit or in violation of the provisions contained in the permit;

(5) transferring hazardous wastes without approval or authorization; or

(6) failing to adopt preventive measures, thereby resulting in the scattering, runoff, leaking, or seeping of hazardous wastes or other serious consequences.        

Article 121  Where solid wastes have caused environmental pollution and ecological damage and jeopardized national or public interests, the relevant agencies and organizations may file a lawsuit with a people’s court in accordance with the provisions of the Environmental Protection Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China, and the Administrative Procedure Law of the People’s Republic of China.        

Article 122   Where solid wastes cause environmental pollution or ecological damage that results in major losses to the state, the local people’s government at or above the level of the city divided into districts or its designated departments or organizations shall negotiate with the entity, the producer or the business operator that causes the environmental pollution or ecological damage, and request it to bear the liability for damage; where no agreement is reached through negotiation, a lawsuit may be filed with a people’s court.

For the solid wastes seized during law enforcement that cannot be returned to their original place or of which the person in charge cannot be identified, the local people’s governments at or above the county level of the place where the solid wastes are located shall organize the treatment thereof.        

Article 123   If a violation of this Law constitutes a violation of public security administration, the violator shall be given an administrative penalty by the public security authority according to law; if the violation constitutes a crime, the violator shall be held criminally liable; if the violation causes any personal or property damage to others, the violator shall bear civil liability in accordance with law.

Chapter IX Supplementary Provisions

Article 124   For purposes of this Law, the following terms shall mean: 

(1) The term "solid wastes" means materials or substances generated in the course of production, people’s daily life or other activities, which have lost their original use value, or are discarded or abandoned although they have not lost use value, and which are solid or semi-solid in form, or in the gaseous state but are kept in containers, and materials and substances that are subject to solid waste management according to laws and administrative regulations. They do not include the wastes that comply with mandatory national product quality standards after treatment to render them harmless, which do not jeopardize public health and ecological safety, or the wastes determined not to be solid wastes according to the solid waste identification standards and procedures;

(2) The term "industrial solid wastes" means the solid wastes generated from industrial production;

(3) The term "household wastes" means  the solid wastes generated in everyday life or from services provided for everyday life, as well as solid wastes deemed as household wastes according to laws and administrative regulations;

(4) The term "construction wastes" means spoil, waste materials and other solid wastes generated when construction entities build, renovate, expand or demolish various buildings, structures or pipeline networks, or when residents decorate their houses;

(5) "Agricultural solid wastes" means the solid wastes generated from agricultural production activities;

(6) The term "hazardous wastes" means the solid wastes included in the national catalogue of hazardous wastes, or identified as solid wastes with hazardous characteristics according to the hazardous waste identification standards and methods prescribed by the state;

(7) The term "storage" means the activity of keeping solid wastes temporarily in specific facilities or premises;

(8) The term "utilization" means the activity of extracting substances from solid wastes for use as raw materials or fuels; and

(9) The term "treatment" means activities undertaken to reduce the amount or volume of the solid wastes generated, or to reduce or eliminate their hazardous components through incineration or other methods designed to change their physical, chemical or biological properties, or activities undertaken to ultimately put solid wastes in landfills that meet the requirements for environmental protection.

Article 125   This Law shall be applicable to the prevention and control of pollution by liquid wastes. The prevention and control of pollution by wastewater discharged into water bodies shall be governed by the relevant laws other than this Law.       

Article 126   This Law shall enter into force as of September 1, 2020.