Laws of the People's Republic of China

the State Council

Order of the State Council of the People's Republic of China

No. 408

The Measures for the Administration of Permit for Operation of Dangerous Wastes, which were adopted at the 50th executive meeting of the State Council on May 19, 2004, are hereby promulgated, and shall go into effect as of July 1, 2004.

Premier of the State Council Wen Jiabao

May 30, 2004

The Measures for the Administration of Permit for Operation of Dangerous Wastes

Chapter I General Provisions

Article 1

With a view to intensifying supervision and administration on the business activities of collection, storage and disposal of dangerous wastes and preventing the dangerous wastes from polluting the environment, the present Measures are hereby formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes.

Article 2

Any entity undertaking the business activities of collection, storage and disposal of dangerous wastes within the territory of the People's Republic of China shall obtain the permit for operation of dangerous wastes according to the provisions of the present Measures.

Article 3

The permit for operation of dangerous wastes are, in light of the ways of business operation, divided into the permit for comprehensive operation of the collection, storage and disposal of dangerous wastes and the permit for operation of the collection of dangerous wastes.

The entity, which has obtained the permit for comprehensive operation of dangerous wastes, may undertake the business activities of collection, storage and disposal of various dangerous wastes; the entity, which has obtained the permit for operation of the collection of dangerous wastes, may only undertake the business activities of collection of such dangerous wastes as the waste mineral oil produced during the activities of motor vehicle maintenance, and the waste cadmium and nickel batteries produced from the daily life of residents.

Article 4

The competent departments of environmental protection of the people's governments at or above the county level shall, according to the provisions of the present Measures, be responsible for the work of examination and approval and issuance of the permit for operation of dangerous wastes as well as the supervision and administration on it.

Chapter II Requirements on the Application for Obtaining a Permit for Operation of Dangerous Wastes

Article 5

When applying for the permit for comprehensive operation of the collection, storage and disposal of dangerous wastes, an enterprise shall meet the following requirements:

1.

having more than 3 technicians, who have the intermediate title of a technical post or above in the major of environmental engineering or the relevant majors, and have experience in solid waste pollution treatment for more than 3 years;

2.

having conveyances that can meet the relevant safety requirements of the competent department of traffic control of the State Council for the transportation of dangerous goods;

3.

having packing facilities, facilities and equipments for transfer and temporary storage, and qualified storage facilities and equipments that, upon examination, meet the national or local standard for environmental protection and safety requirements;

4.

having disposal facilities, equipments and matching facilities for pollution prevention and control, which conform to the plans of the state or the provinces, autonomous regions, and municipalities directly under the Central Government for the construction of facilities for disposal of dangerous wastes and the national or local standard for environmental protection and safety requirements. Among them, the facilities for centralized disposal of medical wastes shall also correspond with the relevant national health standard and requirements for disposal of medical wastes;

5.

having disposal technology and techniques corresponding with the class of the dangerous wastes they dispose;

6.

having regulations and systems that ensure the safety of management of dangerous wastes, pollution prevention and control measures and emergency rescue measures for accidents; and

7.

In the case of disposing dangerous wastes by way of filling and burying, the land use right of the place of filling and burying shall also be obtained according to law.

Article 6

When applying for the permit for operation of the collection of dangerous wastes, an enterprise shall meet the following requirements:

1.

having rain-proofing and seepage-proofing conveyances;

2.

having packing facilities, and facilities and equipments for transfer and temporary storage, which are up to the national or local standard for environmental protection and safety requirements; and

3.

having regulations and systems that can ensure the safety of the business operation of dangerous wastes, pollution prevention and control measures and emergency rescue measures for accidents.

Chapter III Procedures for Application for Obtaining the Permit for Operation of Dangerous Wastes

Article 7

The state shall make graded examination and approval for and issuance of the permit for operation of dangerous wastes.

The permits for operation of dangerous wastes of the following entities shall be examined and approved and issued by the competent department of environmental protection of the State Council:

1.

Burning dangerous wastes for more than 10 thousand tons each year;

2.

Disposing such dangerous wastes containing polychlorinated biphenyl or mercury that is of great hazard to the environment and the body health; or

3.

Disposing dangerous wastes by making use of the comprehensive centralized disposal facilities as listed in the state plan for the construction of dangerous waste disposal facilities.

The permits for operation of entities undertaking the centralized disposal of medical wastes shall be examined and approved and issued by the competent departments of environmental protection of the people's governments at the level of cities divided into districts where the facilities for centralized disposal of medical wastes are located.

The permits for operation of collection of dangerous wastes shall be examined and approved and issued by the competent departments of environmental protection of the people's governments at the county level.

The permits for operation of dangerous wastes other than those as listed in paragraphs 2, 3 and 4 of this Article shall be examined and approved and issued by the competent departments of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Article 8

When applying for obtaining the permit for operation of dangerous wastes, an entity shall file an application to the permit-issuing organ before undertaking the business activities of dangerous wastes, and shall attach the certificate documents satisfying the requirements as prescribed in Article 5 or 6 of the present Measures.

Article 9

The permit-issuing organ shall, within 20 working days as of the day of accepting the application, make examination on the certificate documents submitted by an applying entity, and make on-site verification on the business facilities of the entity. If the requirements are met, the permit for operation of dangerous wastes shall be issued and announced publicly. If the requirements are not met, the applying entity shall be notified in written form and the reasons shall be explained.

Before issuing the permit for operation of dangerous wastes, the permit-issuing organ may, upon the actual need, solicit for the opinions of the relevant departments in charge of public health and urban and rural planning and experts. And the applying entity shall, upon the strength of the permit for operation of dangerous wastes, go through the registration formalities at the administrative department for industry and commerce.

Article 10

The following contents shall be involved in the permit for operation of dangerous wastes:

1.

the name of the legal person, the legal representative, and the residence;

2.

Ways of management of dangerous wastes;

3.

varieties of dangerous wastes;

4.

annual business scale;

5.

period of validity; and

6.

date of issuance of the permit and the number of the permit.

The content of the permit for comprehensive operation of dangerous wastes shall also involve the addresses of the storage and disposal facilities.

Article 11

Where an operation entity of dangerous wastes alters its name of legal person, legal representative or residence, it shall apply to the original permit-issuing organ for going through the formalities for alteration of permit for operation of dangerous wastes within 15 working days as of the day of alteration of industry and commerce registration.

Article 12

Under any of the following circumstances, the operation entity of dangerous wastes shall reapply for obtaining the permit for operation of dangerous wastes in light of the former application procedures:

1.

Changing ways of operation of dangerous wastes;

2.

Adding new varieties of dangerous wastes;

3.

Newly establishing or rebuilding or expanding the construction of the former operation facilities of dangerous wastes; or

4.

Managing dangerous wastes exceeding 20% of the annual business scale originally approved.

Article 13

The period of validity of the permit for comprehensive operation of dangerous wastes shall be 5 years; and the period of validity of the permit for operation of the collection of dangerous wastes shall be 3 years.

Where, at the expiry of the period of validity of the permit for operation of dangerous wastes, any dangerous waste operation entity continues to undertake the business activities of dangerous wastes, it shall apply for changing the permit for operation of dangerous wastes to the former permit-issuing organ 30 working days before the expiry of the period of validity of the permit. The former permit-issuing organ shall make examination within 20 working days as of the day of accepting the application for changing the permit. If the application meets the requirements, it shall change the permit; if the application does not meet the requirements, it shall notify the applying entity in written form and explain the reasons.

Article 14

Where any dangerous waste operation entity terminates the undertaking of the business activities of collection, storage and disposal of dangerous wastes, it shall take measures for pollution prevention and control on business facilities and places, and make proper handling on the dangerous wastes failing to be disposed.

The dangerous waste operation entity shall file an application for canceling registration within 20 working days as of the date of taking measures as prescribed in the preceding paragraph to the former permit-issuing organ. The former permit-issuing organ shall make on-site verification and cancel the registration of the permit for operation of dangerous wastes if the entity passes the verification.

Article 15

No entity without a permit for operation may undertake any business activity of collection, storage, and disposal of dangerous wastes or undertake activities not in accordance with the provisions of the permit for operation.

No one may import electronic dangerous wastes from outside the territory of the People's Republic of China or transfer them by passing through the territory of the People's Republic of China.

No one may provide or entrust dangerous wastes to any entity without a permit for operation to undertake the business activities of collection, storage and disposal.

No one may forge, alter or transfer the permit for operation of dangerous wastes.

Chapter IV Supervision and Administration

Article 16

The competent departments of environmental protection of the local people's governments at or above the county level shall, before March 31 each year, report the situations of the issuance of permits for operation of dangerous wastes in the previous year to the corresponding competent departments of environmental protection of the next upper level people's governments for archiving purpose.

The competent departments of environmental protection at the upper level shall intensify supervision and inspection on the situations of examination and approval and issuance of permits for operation of dangerous wastes by the competent departments of environmental protection at the lower level, and correct their illegal acts in the process of examination and approval and issuance of permits for operation.

Article 17

The competent departments of environmental protection of the people's governments at or above the county level shall intensify supervision and inspection on the dangerous waste operation entities by ways of written verification and on-site inspection, record the situations of supervision and inspection and the handling results and put them on archives with the signatures of the supervisors and inspectors.

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

Where the competent departments of environmental protection of the people's governments at or above the county level find that any dangerous waste operation entity has any circumstance not corresponding with the original requirements for permit issuing in the business activities, they shall order it to make corrections within a prescribed time limit.

Article 18

The competent departments of environmental protection of the people's governments at or above the county level shall have the right to require the dangerous waste operation entities to report their business activities of dangerous wastes periodically. The dangerous waste operation entity shall set up a record for the management of dangerous wastes, which shall, according to facts, specify such matters as the classes and sources of the dangerous wastes that have been collected, stored or disposed, the direction they have gone to, and whether there is any accident, etc..

The dangerous waste operation entity shall keep the record for the operation situations of dangerous wastes for more than 10 years, and shall keep the record for the operation situations of dangerous wastes that have been disposed by way of filling and burying permanently. In case it terminates business activities, it shall transfer the record for the dangerous waste operation to and put on records at the competent department of environmental protection of the people's government at or above the county level for management.

Article 19

The competent departments of environmental protection of the people's governments at or above the county level shall establish and improve the system of archival management of the permits for operation of dangerous wastes, and publicize the situations of the examination and approval and issuance of the permits for operation of dangerous wastes to the society periodically.

Article 20

Any entity that has obtained the permit for operation of dangerous wastes shall sign an acceptance contract with the disposal entity, and provide to or entrust the disposal entity to dispose the collected waste mineral oil and waste cadmium and nickel batteries within 90 working days.

Article 21

Bio-safety disposals shall be made on business facilities of dangerous wastes before they are discarded or remade for other purposes.

After the expiry of the service term for the business facilities for filling and burying dangerous wastes, the dangerous waste operation entity shall take measures to block down the land in which the dangerous wastes have been filled or buried according to the relevant provisions, and set up permanent marks at the designated closed areas.

Chapter V Legal Liabilities

Article 22

In case any person or entity violates the provisions of Article 11 of the present Measures, the competent departments of environmental protection of the people's governments at or above the county level shall order him/it to make corrections within a prescribed time limit, and give him/it warnings. If he/it fails to make corrections within a prescribed time limit, the original permit-issuing organ shall suspend the permit for operation of dangerous wastes.

Article 23

In case any person or entity violates the provisions of Article 12 and paragraph 2 of Article 13 of the present Measures, the competent departments of environmental protection of the people's governments at or above the county level shall order him/it to stop the illegal act, and confiscate the illegal gains if any. If the illegal gains exceed RMB 100 thousand Yuan, he/it shall be imposed upon a fine of one time up to 2 times of the illegal gains concurrently; If there is no illegal gains or the illegal gains are less than RMB 100 thousand Yuan, he/it shall be imposed upon a fine of 50 thousand Yuan up to 100 thousand Yuan.

Article 24

In case any person or entity violates the provisions of paragraph 1 of Article 14 and Article 21 of the present Measures, the competent departments of environmental protection of the people's governments at or above the county level shall order him/it to make corrections within a prescribed time limit. If he/it fails to make corrections within a prescribed time limit, he/it shall be imposed upon a fine of RMB 50 thousand Yuan up to RMB 100 thousand Yuan; if a pollution accident is resulted in and a crime is constituted, he/it shall be investigated for criminal liabilities according to law.

Article 25

In case any person or entity violates the provisions of paragraphs 1, 2, and 3 of Article 15 of the present Measures, he/it shall be punished according to the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes.

In case any person or entity violates the provisions of paragraph 4 of Article 15 of the present Measures, the competent departments of environmental protection of the people's governments at or above the county level shall confiscate the permit for operation of dangerous wastes, or the original permit-issuing organ shall revoke the permit for operation of dangerous wastes, and he/it shall be imposed upon a fine of RMB 50 thousand Yuan up to RMB 100 thousand Yuan. If a crime is constituted, he/it shall be investigated for criminal liabilities according to law.

Article 26

In case any person or entity violates the provision of Article 18 of the present Measures, the competent departments of environmental protection of the people's governments at or above the county level shall order him/it to make corrections within a prescribed time limit, and impose warnings upon him/it. If he/it fails to make corrections within the prescribed time limit, the original permit-issuing organ shall suspend or revoke the permit for operation of dangerous wastes.

Article 27

In case any person or entity violates the provision of Article 20 of the present Measures, the competent departments of environmental protection of the people's governments at or above the county level shall order him/it to make corrections within a prescribed time limit and impose upon him/it warnings. If he/it fails to make corrections within the prescribed time limit, he/it shall be imposed upon a fine of RMB 10 thousand Yuan up to RMB 50 thousand Yuan. And the permit for operation of dangerous wastes shall be suspended or revoked.

Article 28

In case any dangerous waste operation entity that is ordered to make corrections within a prescribed time limit fails to make rectifications and corrections within the prescribed time limit, or still does not correspond with the original permit-issuing requirements after the rectification and correction, the original permit-issuing organ shall suspend or revoke its permit for operation of dangerous wastes.

Article 29

The competent environmental protection departments shall, when revoking or confiscating the permit for operation of dangerous wastes according to the provisions of the present Measures, inform the administrative department for industry and commerce, who shall then revoke the business license according to law. The entity, whose permit for operation of dangerous wastes has been revoked or confiscated according to law, may not reapply for obtaining the permit for operation of dangerous wastes within 5 years.

Article 30

In case any staff member of the competent departments of environmental protection of the people's governments at or above the county level has any of the following acts, he/she shall be imposed upon an administrative punishment according to law. If a crime is constituted, he/she shall be investigated for criminal liabilities according to law:

1.

Issuing a permit for operation of dangerous wastes to the entity that does not meet the requirements of the present Measures;

2.

Failing to make investigation into or impose punishment on or after receiving the report, failing to handle the business activities of dangerous wastes undertaken by the entity or individual that fails to obtain the permit for operation of dangerous wastes according to law;

3.

Failing to perform the duties of supervision and administration on the entity that has obtained the permit for operation of dangerous wastes according to law, or failing to make investigation into or impose punishment on the acts in violation of the provisions of the present Measures; or

4.

Having other acts of dereliction of duties in the work for the administration of permits for operation of dangerous wastes.

Chapter VI Supplementary Provisions

Article 31

The following terms in the present Measures shall have the following meanings:

1.

The "dangerous wastes" refer to the wastes of danger that are listed into the state list of dangerous wastes or that are determined pursuant to the identification standards and methods for dangerous wastes as prescribed by the state.

2.

The "collection" refers to the activities of centralizing the scattered dangerous wastes carried out by a dangerous wastes operation entity.

3.

The "storage" refers to the activities of any dangerous wastes operation entity who, before disposing the dangerous wastes, puts them to the places or facilities up to the standards for environmental protection, or who, for the purpose of centralizing the scattered dangerous wastes, lay a batch of dangerous wastes exceeding the weight of 5,000 kilograms in the self-prepared temporary facilities or places, or the time for placing exceeds 90 working days. And

4.

The "disposal" refers to the activities of any dangerous wastes operation entity, who burns, calcines, melts, sinters, splits and dissolves, neutralizes, sterilizes, distils, extracts, deposits, filtrates or dismantles the dangerous wastes, or uses other methods to change the physical, chemical or biological characters of dangerous wastes to reduce the amount of dangerous wastes, lessen the cubage of dangerous wastes, or reduce or eliminate the dangerous ingredients thereof, or fulfills or buries the dangerous wastes finally in the places or facilities meeting the requirements for environmental protection and does not take them back any more.

Article 32

An entity, which has obtained the permit for operation of dangerous wastes according to the provisions of local laws and regulations, rules or other documents before the implementation of the present Measures, shall, 30 days before the expiry of the period of validity of the original permit for operation of dangerous wastes, reapply for obtaining the permit for operation of dangerous wastes according to the provisions of the present Measures. If it fails to handle it within the time limit, it will be not admitted to undertake the business activities of dangerous wastes.

Article 33

The present Measures shall go into effect as of July 1, 2004.