REGULATIONS ON CONTROL OVER DUMPING OF WASTES IN THE OCEAN

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REGULATIONS ON CONTROL OVER DUMPING OF WASTES IN THE OCEAN

Category	ENVIRONMENTAL PROTECTION	Organ of Promulgation	The State Council	Status of Effect	In Force
Date of Promulgation	1985-03-06	Effective Date	1985-04-01

Regulations of the People's Republic of China on Control Over Dumping of Wastes in the Ocean

Annex I Substances Forbidden to be Dumped
Annex II Substances to be Dumped only with Special Permits

(Promulgated by the State Council on March 6, 1985)

Article 1 These Regulations are specially formulated for the
implementation of the "Marine Environmental Protection Law of the People's
Republic of China" in order to keep a tight control over the dumping of wastes
into the ocean so as to prevent pollution damage to marine environment, keep
the ecological balance, protect marine resources, and promote the development
of ocean undertakings.

Article 2 The term "dumping" as used in these Regulations refers to
discharging wastes and other substances into the ocean by means of vessels,
aircraft, platforms and other means of transportation. It also refers to
discharge of vessels, aircraft, platforms and other man-made structures used
on the sea. In addition, it also refers to the discharge of wastes and other
substances caused by the submarine exploration and exploitation of mineral
resources and the related maritime processing.

"Dumping" does not include the drainage from the vessels, aircraft, and
other means of transportation and equipment working under normal conditions.

Article 3 These Regulations are applicable to the following:

1. dumping wastes and other substances into the inland sea, territorial
sea, continental shelves and other sea areas under the jurisdiction of the
People's Republic of China;

2. loading wastes and other substances on land or at harbours of the
People's Republic of China for the purpose of dumping;

3. the transport of wastes and other substances through the inland sea,
territorial sea and other sea areas under the jurisdiction of the People's
Republic of China for the purpose of dumping;

4. burning wastes and other substances within the sea areas under the
jurisdiction of the People's Republic of China;

The wastes produced in the process of offshore oil exploration and
exploitation shall be dealt with according to the Regulations of the People's
Republic of China on Administration of Environmental Protection in the
Exploration and Development of Offshore Petroleum.

Article 4 The competent departments responsible for matters concerning
the dumping of wastes are the National Oceanographic Bureau and its agencies
(hereinafter referred to as "the competent department").

Article 5 The areas for dumping shall be designated by the competent
department through consultation with relevant departments in accordance with
the principles of being scientific, rational, safe and economical and shall be
submitted to the State Council for approval.

Article 6 Units that need to dump wastes into the ocean shall apply for
permission to the competent department, and fill out according to set formula
the application forms for dumping wastes together with an examination report
on the characteristics and components of the wastes.

The competent department shall process the application within 2 months of
receipt of the application and a dumping permit shall be granted to those
approved to dump.

No units, vessels, aircraft, platforms and other means of transportation
are permitted to dump wastes into the ocean without the approval of the
competent department.

Article 7 Wastes of foreign countries may by no means be brought to the
sea areas under the jurisdiction of the People's Republic of China for
dumping; these include vessels, aircraft, platforms and other man-made
structure used on the sea. Those who violate these Regulations shall be
ordered to clean the sea area within a limited time, pay for the elimination
of pollutants and compensation for losses thus incurred and be fined by the
competent department. Those who dump wastes outside the sea areas of the
People's Republic of China and cause pollution damage to the sea areas under
the jurisdiction of the People's Republic of China shall be dealt with
according to Article 17 of these Regulations.

Article 8 Vessels or other means of transportation that carry wastes
through the sea areas under the jurisdiction of the People's Republic of China
for dumping purposes must inform the competent department of China 15 days
before the vessels enter the sea areas under the jurisdiction of the People's
Republic of China.

They are also required to report the time of entry, routes, names of waste
matters, quantities and components.

Article 9 Foreign vessels and platforms in the sea areas of under the
jurisdiction of the People's Republic of China that need to dump wastes
produced in the process of offshore exploration and exploitation of mineral
resources and the related maritime processing shall get permission from the
competent department according to the stipulated procedures.

Article 10 The dumping permit shall indicate dumping units, period of
validity, quantity, the types of wastes and the method for dumping.

The issuing of certificates shall be kept under strict control according
to the relevant provisions of these Regulations. The competent department may
change or withdraw certificates in accordance with the changes in ecological
environment and the development in science and technology.

Article 11 Waste matters fall into three categories in the light of their
toxicity, content of harmful elements and the impact upon the marine
environment. The criteria used for categorization shall be worked out as annex
by the competent department and subject to amendment in the light of changes
in ecological environment, the development in science and technology and the
need in protecting the marine environment.

1. The dumping of wastes and other substances as listed in Annex I is
prohibited. In times of emergency, when wastes cannot be disposed of on land
because of its impact upon human health, emergency permits shall be issued
with the approval of the National Oceanographic Bureau to dump wastes in
precribed ways and designated areas.

2. The dumping of wastes as listed in Annex II shall require special
permits in advance.

3. The dumping of wastes of low or no toxicity other than those listed in
Annex I and Annex II shall require ordinary permits in advance.

Article 12 Units which have already obtained permission to dump wastes
shall notify the competent department for verification before loading the
waste.

The work of verification shall be conducted according to the items in the
permit. If the cargo is found not in conformity with the contents in the
permit, the competent department shall order the loading to be stopped and, in
serious cases, suspend or revoke the dumping permit.

The superintendency of the departure harbour or that of the nearest
harbour shall be notified for verification of the dumping of wastes by
vessels. If the cargo is found not in conformity with the contents in the
permit, the harbour superintendency administration shall not grant the exit
visa and shall immediately notify the competent department.

Article 13 The competent department shall monitor and supervise the
dumping activities. If need be, it may also send agents to supervise on board.
The dumping units shall offer facilitation for these functionaries.

Article 14 Those units with permission to discharge wastes shall carry
out dumping in the designated areas, within the time limits and on the terms
specified in the permit. They are required to fill out every detail of the
discharge into record forms and submit the forms to the competent department
following the instructions in the permit. Those vessels, aircraft, platforms
and other means of transportation shall bear conspicuous marks and signals
and make detailed entries in the Logbook of the waste dumping activities.

Article 15 The vessels, aircraft, platforms and other means of
transportation engaged in dumping activities may, under any of the
circumstances as specified in Article 43 of the Marine Environmental
Protection Law of the People's Republic of China, be exempt from bearing
responsibilities for compensation.

For emergency or rescue purposes, vessels shall try to avoid or reduce
pollution damage when dumping wastes into ocean with no regard to terms and
areas as specified in the permit and report to the competent department as
soon as possible. The waste pumping unit and beneficiaries of the emergency or
rescue act shall make compensation for the pollution damage.

If the pollution damage is due to the fault of a third party, the waste
dumping unit shall provide the competent department with irrefutable evidence.
The third party shall bear the responsibility for compensation upon
confirmation by the competent department.

When vessels, aircraft, platforms and other means of transportation
navigating or operating on the sea are abandoned for irresistible reasons,
their owners shall report to the competent department and the nearby harbour
superintendency administrations, and shall carry out at once the work of
salvaging and cleaning.

Article 16 The competent department shall conduct regular monitoring and
testing in the dumping areas, strengthen administration and avoid harmful
effect on fishery resources and other activities on the sea. The competent
departments may close any area when finding it no longer suitable for waste
dumping.

Article 17 Those who, in violation of these Regulations, cause pollution
damage to the marine environment may be ordered by the competent department to
clean up, pay the cost of eliminating the pollutants and compensate for the
victims' losses. A warning or a fine up to 100,000 RMB yuan shall be imposed
according to different situations and the graveness of harm done by the waste
dumping.

Article 18 Units and individuals demanding compensation shall submit a
report of pollution damage claim to the competent department as soon as
possible. The report shall include the time, place, area, object of the
damage, list of losses, technical authentication, and notarization. Relevant
original documents and photos shall be of help.

Article 19 Units eatrusted with the job to eliminate pollutants shall,
upon completion of the job, submit a report of claim to the competent
department as soon as possible on expenses on eliminating pollution. The
report shall include time, place, manpower involved, equipment, vessels,
quantity of materials, unit price, methods of calculation, management fee,
transportation fee, other relevant expenses, result, other relevant evidence
and supporting materials.

Article 20 Standards for penalties on law breaking acts:

1. Anyone involved in one of the following acts shall be warned or fined
2,000 RMB yuan or less:

(1) forging inspection reports on wastes;

(2) failure to make waste dumping records according to Article 14 of these
Regulations;

(3) failure to report to the competent department and harbour
superintendency administrations in time under the situation defined in Article
15 of these Regulations.

2. If the actual cargo does not conform to the contents in the dumping
permit and the case is serious, apart from suspension or revoking of the
permit, a fine ranging from 2,000 to 5,000 RMB yuan may be imposed.

3. Those who dump wastes without informing the competent department for
verification in accordance with Article 12 of these Regulations may be fined
from 5,000 to 20,000 RMB yuan.

4. A fine of 20,000 to 100,000 RMB yuan may be imposed for any of the
following acts:

(1) dumping wastes into the ocean without permission;

(2) failure to dump wastes according to the approved terms and in the
designated areas, excluding circumstances specified in Article 15 of these
Regulations.

Article 21 Those directly responsible for violation of these Regulations
which has caused or is likely to cause pollution damage to the environment may
be given a warning or a fine, or both, by the competent department.

Those directly responsible for violation of these Regulations which has
caused damage to marine environment resulting in serious property losses or
personal injuries and deaths, shall be dealt with by judicial organs for their
legal liabilities.

Article 22 The party concerned that does not accept the penalty imposed
by the competent department may bring a suit before the people's court within
15 days of receipt of the written decision on the penalty. If no suit is
filed, nor has the decision been carried out upon the expiration of that
period, the competent department shall petition the people's court to enforce
the decision in accordance with the law.

Article 23 Those who, on their own initiative, expose, report on and
provide evidences against acts that have violated these Regulations and caused
pollution damage to marine environment, or who have done meritorious deeds by
taking effective measures to reduce pollution damage shall be commended or
awarded.

Article 24 These Regulations shall come into force on April l, l985.
Annex I Substances Forbidden to be Dumped

1. Wastes containing organic halogen compounds, mercury and mercury
compounds, cadmium and cadmium compounds, with the exclusion of those
containing negligible quantity of them and those which can soon change into
harmless substances in the sea water.

2. Wastes with strong radioactivity and other substances that are strongly
radio active.

3. Crude oil and oil waste, refined oil products, residual oil and such
oil mixtures.

4. Fishing net, ropes, plastic products and other artificial synthesis
which can float on the surface or suspend in the water, and thus seriously
interfere with navigation, fishing and other activities, or endanger the ocean
life.

5. Sewer mud and dredged stuff containing substances as listed in 1 and 2
of this Annex.
Annex II Substances to be Dumped only with Special Permits

1. Wastes that have a high content of the following substances:

(1) arsenic and its chemical compounds;

(2) lead and its chemical compounds;

(3) copper and its chemical compounds;

(4) zinc and its chemical compounds;

(5) chemical compounds of organic silicon;