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Administrative
Rules of Shenzhen Municipality on the
Centralized Disposal of Medical Waste
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Chapter
I General Provisions
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Article
1 In
order to standardize the centralized disposal of medical waste,
improve the safety administration
of medical waste, prevent
disease from spreading, protect environment and ensure human
health,
these rules are formulated in accordance with the "
Law of the People' s Republic of China on the Prevention and
Control of Environmental Pollution by Solid Waste" , the
"Administrative Regulations on Medical
waste" , the "
Administrative Measures on Operation License of Dangerous Waste
" and relevant
laws and regulations.
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Article
2 These rules shall apply to the collection,
transportation, storage, disposal, supervision and
administration
of medical waste in Shenzhen Municipality.
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Article
3 The
"Medical waste" mentioned in these rules means the waste
which is listed in the national medical
waste category and shall
be supervised and disposed in accordance with relevant state
regulations.
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Article
4 The
disposal of medical waste shall observe the principles of
centralization and harmlessness.
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Article
5 The
municipal administrative department of environment protection
(hereinafter referred to as the
municipal department of
environment protection) shall conduct unified supervision and
administration
to the protection and improvement of environment
in the centralized disposal of medical waste.
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The departments of health and
price shall accomplish the supervision and administration to
centralized
disposal of medical waste according to their
respective functions and duties.
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Chapter II Centralized Disposal of Medical
waste
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Article
6 Any
unit, which wants to engage in the centralized disposal of
medical waste, shall apply for an
operation license to the
municipal department of environment protection according to
state regulations,
and shall not engage in the activity
concerning centralized disposal of medical waste without the
said operation license.
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Article
7 The
unit, which engages in the centralized disposal of medical
waste, shall satisfy the following
requirements:
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1. having equipments and
facilities for storing or disposing medical waste, which satisfy
the requirements
of environment protection and sanitation;
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2. having trained technicians
and technical workers;
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3. having institutions and
persons conducting the examination and assessment of medical
waste disposal
effect;
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4. having working rules and
systems to ensure the safety of medical waste disposal.
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Article
8 The
municipal government or its authorized departments shall decide
on the unit of disposing medical
waste centrally by fair
competition, such as bidding or enlisting, and issue an
operation license
of centralized disposal of medical waste to
the chosen unit.
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Article
9 The
unit disposing medical waste centrally shall provide the service
of disposing medical waste
in centralization, safety,
harmlessness, which price shall be reasonable.
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Article
10 The
land used for disposing medical waste centrally is the land for
special use, and shall not be
rented out, transferred to others
or transferred for other uses.
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If the land for disposing
medical waste centrally is no longer for special use according
to law,
the unit disposing medical waste centrally shall adopt
measures to recover its ecology, organize the assessment
of
effect on environment, and submit it to the municipal department
of environment protection for
examination and acceptance.
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Article
11 In
case that the operation license of disposing medical waste
centrally expires or is revoked, the
original unit of disposing
medial waste centrally shall keep facilities working normally
before
a new unit disposing medical waste centrally is chosen.
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Article
12 The
facilities and sites for disposing medical waste centrally shall
be constructed strictly in
accordance with the state
administrative regulations on environment protection of
construction
project, and shall not be put into use until
passing the examination and acceptance conducted by the
municipal department of environment protection according to
state regulations.
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Article
13 The
medical health institution shall disinfect, package and store
the discharged medical waste in
accordance with regulations on
environment protection and epidemic prevention, prevent or reduce the environmental pollution by medical
waste.
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Article
14 The medical health institution shall collect and
store medical wastes separately according to their different
characteristics.
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It is forbidden to store or
dispose medical waste mixed with house refuse or other waste.
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Article
15 The
medical health institution shall deliver medical waste to the
unit disposing medical waste centrally
for disposal, and pay the
medical waste disposal fee according to state regulations.
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The unit disposing medical
waste centrally shall make an agreement on centralized disposal
of medical
waste with the medical health institution to define
respective obligations and rights.
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Article
16 The
charging standard of medical waste disposal fee shall be
established by the municipal department
of price, jointly with
the municipal departments of environment protection and
sanitation, in accordance
with the principles of recovering
medical waste disposal cost and profiting reasonably.
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Article
17 The
medical health institution and the unit disposing medical waste
centrally shall strictly implement
the system of duplicate forms
for transfer of hazardous waste.
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Article
18 The
unit disposing medical waste centrally shall improve the
maintenance and renewal of facilities
and equipments for storage
or disposal, and keep them in normal operation.
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It is forbidden to close,
leave idle or dismantle the facilities and equipments. If it is
really
necessary to close, leave idle or dismantle the
facilities and equipments, an approval shall be obtained from
the municipal department of environment protection according to
state regulations.
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Article
19 The unit disposing medical waste centrally shall go to the medical
health institution to collect and transport medical waste at
least every other two days (including legal holidays).
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The specific frequency of
colleting medical waste shall be agreed on by the medical health
institution
and the unit disposing medical waste centrally in their service
agreement.
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Article
20 The
medical waste shall be transported away from areas
sensitive in environment, such as the conservation area
of water source.
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Article
21 The unit disposing medical waste centrally shall not refuse to accept
any medical waste with any excuse.
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The medical waste shall be
disposed in 24 hours upon being transported from the medical
health institution,
unless the state laws and regulations
provide otherwise.
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Article
22
The methods and technologies adopted by the unit disposing
medical waste centrally to collect,
transport, store or dispose
medical waste shall comply with the national technology
standards and
rules.
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The unit disposing medical
waste centrally shall adopt effective measures to prevent and
control
environmental pollution when it collects, transports,
stores or disposes medical waste. The amount of discharged
pollutants shall not violate the national and local standards.
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Article
23 The
unit disposing medical waste centrally shall install a device
for monitoring pollutant discharge
online, establish
a system for transporting data and information, and ensure the
monitoring device and data
transportation system in normal
operation.
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Chapter
III
Supervision and Administration
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Article
24 The
municipal department of environment protection shall regularly
entrust a certified public accounting
firm with qualification to
examine and calculate
the cost and profit of the operation of medical waste disposal
facilities, and entrust
an auditing institution to audit the
state of operation.
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The result of auditing and
accounting shall be regularly publicized to society by the
municipal
department of environment protection.
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Article
25 The
municipal department of environment protection shall conduct
regular supervision and check,
or irregular selective
examination to the unit disposing medical waste centrally on the
collection,
transportation, storage and disposal of medical
waste.
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Article
26
The municipal department of health shall conduct regular
supervision and check, or irregular selective
examination to the
medical health institution on the collection, transportation,
and storage of
medical waste.
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Article
27 In
the case that the municipal department of environment protection
or health receives a complaint
or report showing that the unit
disposing medical waste centrally or the medical health
institution
and its working person violate these rules, it shall
verify the facts in time, deal with the complaint or report
according to law and publicize the dealing result.
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Article
28 The
department of price shall be in charge of the supervision and
check to the collection of centralized
disposal fee of medical
waste, and deal with the activity violating these rules
according to law.
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Chapter
IV
Legal Liabilities
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Article
29 Any unit disposing medical waste centrally, which
violates Article 10,11,the second paragraph of Article 15 or the
first paragraph of Article 21 of these rules, shall be ordered
to make correction within a limited
time by the municipal
department of environment protection, and shall be imposed a
fine of 20,000
to 50,000 yuan simultaneously.
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Article
30 Any medical health institution, which violates the
first paragraph of Article 15 of these rules, shall be ordered
to make correction within a limited time by the municipal
department of environment protection,
and shall be imposed a
fine of 20,000 to 50,000 yuan simultaneously. In case that the
medical health
institution fails to make correction within the
time limit, the municipal department of environment protection
shall designate a unit to dispose according to state regulations
for it. The expenses occurred in
the disposal shall be paid by
the medical health institution.
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Chapter
V
Supplementary Provisions
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Article
31 The
matters, which are not covered by these rules, shall be subject
to relevant laws and regulations.
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Article
32 These
rules shall enter into force as of Jan 1, 2005. |
