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(Adopted at the 16th Meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995, and amended at the 13th Meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2004)

颁布日期:20041229  实施日期:20050401  颁布单位:全国人大常委会

  Order of the President of the People's Republic of China

  No.31

  The Law of the Peoples' Republic of China on Prevention and Control of Environmental Pollution by Solid Waste, amended and adopted at the 13th Meeting of the Standing Committee of the Tenth National people's Congress of the peoples' Republic of China on December 29, 2004, is hereby promulgated and shall go into effect as of April 1, 2005.

  HU Jintao

  President of the People's Republic of China

  December 29, 2004

  Contents

  Chapter Ⅰ General Provisions

  Chapter Ⅱ Supervision over the Prevention and Control of Environmental Pollution by Solid Waste

  Chapter Ⅲ Prevention and Control of Environmental Pollution by Solid Waste

  Section 1 General Regulations

  Section 2 Prevention and Control of Environmental Pollution by Industrial Solid Waste

  Section 3 Prevention and Control of Environmental Pollution by Household Waste

  Chapter Ⅳ Special Regulations for Prevention and Control of Environmental Pollution by Hazardous Waste

  Chapter Ⅴ Legal Responsibility

  Chapter Ⅵ Supplementary Provisions

  Chapter Ⅰ

  General Provisions

  Article 1 This Law is enacted for the purpose of preventing and controlling environmental pollution by solid waste, ensuring human health, maintaining ecological safety and promoting the sustainable development of the economy and society.

  Article 2 This Law is applicable to the prevention and control of environmental pollution by solid waste within the territory of the People's Republic of China.

  This Law is not applicable to eth prevention and control of marine environmental pollution by solid waste or of environmental pollution by radioactive solid waste.

  Article 3 In preventing and controlling environmental pollution by solid waste, the State follows the principles of reducing the quantity of solid waste generated and its harmfulness, fully and rationally utilizing solid waste, and making it innocuous through treatment, in order to promote Cleaner production and the development of a circular economy.

  The State adopts economic and technical policies and measures that facilitate the comprehensive use of solid waste, in order to fully recover and rationally utilize solid waste.

  The State encourages and supports the adoption of measures for concentrated treatment of solid waste for the benefit of environmental protection and promotes the development of the industry designed to prevent and control environmental pollution by solid waste.

  Article 4 People's governments at or above the county level shall include the prevention and control of environmental pollution by solid waste in their plans for national economic and social development and adopt economic and technical policies and measures that facilitate the prevention and control environmental pollution by solid waste.

  When making arrangements for drawing up plans for town and township construction land use, regional development, industrial development, etc, the relevant departments under the State Council, local people's governments at or above the county level and the relevant departments under them shall give overall consideration to the needs of reducing the quantity of solid waste generated and its harmfulness, and promoting the comprehensive use of solid waste and making it innocuous through treatment.

  Article 5 In preventing and controlling environmental pollution by solid waste, the State follows the principle whereby the pollu

ter is held responsible in accordance with law.

  Manufactures, sellers, importers and users of products shall, in accordance with law, be responsible for preventing and controlling pollution by solid waste generated by the products.

  Article 6 The State encourages and supports scientific research in and development of technologies for prevention and control of environmental pollution by solid waste, promotes the wide use of advanced technologies for such prevention and control, and disseminates scientific knowledge in this field.

  Peoples' governments at various levels shall enhance publicity and education in the need of prevention and control of environmental pollution by solid waste and promote the mode of production and way of life that are conducive to environmental protection.

  Article 7 The State encourages units and individuals to purchase or use recycled and recyclable products.

  Article 8 The peoples' governments at various levels shall give awards to the units and individuals that have achieved outstanding successes in the prevention and control of environmental pollution by solid waste and in its multipurpose use.

  Article 9 All units and individuals have the obligation to protect the environment and have the right to report or file charges against the units or individuals that cause environmental pollution by solid waste.

  Article 10 The administrative department for environmental protection under the State Council shall conduct unified supervision over the prevention and control of environmental pollution by solid waste throughout the county. The relevant departments under the State Council shall be responsible for supervision over the prevention and control of environmental pollution by solid waste within the scope of their respective duties.

  The administrative departments for environmental protection under the local people's governments at or above the county level shall conduct unified supervision over the preventions and control of environmental pollution by solid waste within their own administrative areas. The relevant departments of the said people's governments shall be responsible for supervision over the prevention and control of environmental pollution by solid waste within the scope of their respective duties.

  The administrative department for construction under the State Council and the administrative departments for environmental sanitation under the local people's governments at or above the county level shall be responsible for supervision over the cleaning up, collection, storage transportation and treatment of household waste.

  Chapter Ⅱ

  Supervision over the Prevention and Control of Environmental Pollution by Solid Waste

  Article 11 The administrative department for environmental protection under the State Council shall, in conjunction with the relevant administrative departments under the State Council and on the basis of the national standards for environmental quality and the country's economic and technological conditions, draw up the national technological standards for prevention and control of environmental pollution by solid waste.

  Article 12 The administrative department for environmental protection under the State Council shall establish a system for monitoring environmental pollution by solid waste, formulate unified monitoring norms and, in conjunction with relevant departments, set up a monitoring network.

  The administrative departments for environment protection under the people's governments of large and medium-sized cities shall regularly publish information about the types of solid waste, the quantities generated and its treatment.

  Article 13 For construction of a project where solid waste is generated or a project for storage, utilization or treatment of solid waste, its impact on the environment shall be assessed according to law, and the

State regulations governing environmental protection in respect of construction project shall be complied with.

  Article 14 The necessary supporting facilities for prevention and control of environment pollution by solid waste 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 construction project may be put into production or use only after the facilities for prevention and control of environmental pollution by solid waste are checked and accepted as qualified by the original administrative department for environmental protection that examined and approved the environmental impact assessment document. The facilities for prevention and control of environmental pollution by solid waste shall be checked and accepted simultaneously with the main part of the project.

  Article 15 The administrative department for environmental protection under the peoples' government at or above the county level and the administrative department for supervisions over prevention and control of environmental pollution by solid waste shall have the right to conduct, in compliance with their respective duties, on-the spot inspection of the units located with the scope of their jurisdiction that are involved in the prevention and control of environmental pollution by solid waste. The units under inspection shall give truthful reports of the situation and provide the necessary information. The inspection authority shall keep confidential the technological know-how and business secrets of the units inspected.

  When conducting on-the spot inspection, the inspection authority may adopt such measures as conducting on-the spot monitoring, collecting samples, con


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