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Procedures of Shanghai Municipality on the Prevention and Control of Pollution by Hazardous Wastes
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| (Promulgated by the Shanghai Municipal People' s Government on January 6, 1995. Amended and re-promulgated in accordance with Decree
No. 53 of the Shanghai Municipal People' s Government on December 14, 1997) Chapter I General Provisions Article 1 Purpose and Basis These Procedures are formulated in accordance with the Law of the People's Republic of China on Environment Protection and the Regulations of Shanghai Municipality on Environment Protection, with a view to strengthening the management of hazardous wastes, preventing their pollution, protecting and improving the environment and ensuring the health of the people. Article 2 Scope of Application These Procedures apply to the generation, collection, transfer, storage, utilization, treatment and disposal of hazardous wastes and to the supervision and management of such activities within the jurisdiction of this Municipality. The categories of hazardous wastes subject to management and control shall be defined in the list of the controlled hazardous wastes in this Municipality. These Procedures do not apply to the management of radioactive wastes. Article 3 Definition Hazardous wastes refer to those solid, semi-solid and liquid wastes that are hazardous to human health and the environment owing to any of their toxic, combustible, explosive, corrosive, chemically reactive or infectious properties that have been identified and confirmed by processes uniformly formulated by the State. Article 4 Principles for Prevention and Control The principles for the prevention and control of hazardous materials shall give priority to prevention and centralized control and subject the entire process to management with polluters bearing the responsibility for the control, so as to promote the minimization, utilization and environmentally sound treatment of hazardous wastes. Article 5 Competent Departments and Cooperative Departments The Shanghai Municipal Environment Protection Bureau (hereinafter referred to as the Municipal Environment Protection Bureau) shall exercise overall supervision and management over the prevention and control of pollution by hazardous wastes in this Municipality. The environment protection departments at the district or county levels shall exercise supervision and management over the prevention and control of pollution by hazardous wastes in the areas under their respective jurisdictions. The municipal oceanographic administrative departments, customs and army environment protection departments, as well as public security, transportation, and harbor (navigation) superintendency departments that exercise supervision and control in accordance with law shall supervise and manage the work of control over the pollution by hazardous wastes in accordance with their respective duties and terms of reference. The competent administrative departments in charge of planning, land, industry, health, sanitation, and commerce at all levels shall assist the environment protection departments at all levels in the implementation of these Procedures in accordance with their respective duties. Article 6 Planning and Construction of Treatment and Disposal Facilities The people' s governments at all levels shall formulate overall plans for the construction of centralized treatment and disposal facilities for hazardous wastes, integrate such plans in the national economic and social development plans and see to their implementation. The funds for the construction of these facilities shall be raised by a variety of means, including State appropriation, introduction of foreign capital, investment by enterprises or institutions and fund raising among the general public. When entrusted to treat or dispose of hazardous wastes by enterprises, institutions or individual persons generating such wastes, the treatment and disposal units may offer their services on a fee-paying basis. Article 7 Responsibility of the Generators of Hazardous Wastes Enterprises, institutions or individual persons who generate hazardous wastes in the course of their productive and commercial activities (hereinafter referred to as generators of hazardous wastes) shall be responsible for the prevention and control of pollution by such wastes and bear other responsibilities stipulated by laws and regulations. Chapter II Supervision and Management Article 8 Preparation and Publication of the List of Controlled Hazardous Wastes The list of controlled hazardous wastes in this Municipality shall be prepared by the Municipal Environment Protection Bureau in accordance with the requirements of the State for hazardous wastes management and the specific conditions of this Municipality, and submitted to the Municipal People' s Government for approval and publication. Article 9 Management of Construction Projects Construction units of newly-built, expanded, or renovated projects that generate or may generate hazardous wastes shall comply with the relevant regulations of the State and this Municipality on the environment protection management of construction projects, implement the environmental impact assessment procedure and adopt the systematic practice of designing, construction and commissioning the facilities for pollution prevention and control simultaneously with the main project. Construction projects for the special purposes of storing, utilizing, treating or disposing of hazardous wastes shall be subjected to environmental impact assessments before applications can be made for licenses for their planning. The examination and approval procedure for the environmental impact assessments shall follow the relevant management regulations on environment protection for construction projects in this Municipality. Article 10 Reporting Generators of hazardous wastes shall report to the environment protection departments of the districts or counties of their own localities the categories, quantity, composition features and discharge modes of the hazardous wastes and provide the data on the pollution prevention and control facilities and the main destinations of these wastes. Copies thereof shall be submitted to the Municipal Environment Protection Bureau for filing. Any material change in the category, quantity, composition features or discharge modes of the hazardous wastes generated, or in their main destinations shall be re-reported 3 months before it is made. If its determination is difficult, an additional report shall be submitted within 30 days after the change. Article 11 License of Operation Units or individual persons engaged in the collection, storage, utilization, treatment or disposal of hazardous wastes shall submit to the Municipal Environment Protection Bureau written applications, accompanied by relevant certificates and information, and receive licenses after they are examined and approved. Facilities or sites used by generators of hazardous wastes for waste treatment and disposal by themselves shall be approved by the district or county environment protection departments of their own localities and reported to the Municipal Environment Protection Bureau for filing. Article 12 Transfer Report Waybills shall be used for the transfer of hazardous wastes. Generators of hazardous wastes shall fill in a Reporting Form for the Transfer of Hazardous Wastes before such a transfer. The reporting form shall be delivered by the transporter to the recipient together with the hazardous wastes and signed and sealed by the recipient and transporter on acceptance. Within one week of dispatching or receiving these hazardous wastes, their generators and recipients shall submit the Reporting Form to the Municipal Environment Protection Bureau for filing. The Reporting Form for the Transfer of Hazardous Wastes shall be uniformly prepared by the Municipal Environment Protection Bureau. Article 13 Prohibition against Import and Control over Introduction Import of hazardous wastes by any unit or individual person from abroad shall be prohibited. The introduction of hazardous wastes from areas outside this Municipality shall be strictly controlled. Units that really need to introduce hazardous wastes as raw materials or energy sources from areas outside this Municipality shall submit written applications to the district or county environment protection departments of their localities 30 days before signing the supply contract with the other party. After their initial examination and approval, such applications shall be submitted to the Municipal Environment Protection Bureau for examination and approval. Article 14 Operation and Management of Pollution Control Facilities Pollution control facilities for hazardous wastes shall be operated simultaneously with production. Unauthorized dismantlement, suspension of operation or idling shall not be permitted. Should it be necessary to dismantle these facilities, suspend their operation or idle them, such acts shall be reported to the district or county environment protection departments of their localities for approval 30 days before their implementation and filed with the Municipal Environment Protection Bureau. The district or county environment protection departments of their localities shall give written replies within 30 days from the date they receive the written applications. Failure to reply within the specified time period will be taken as approval. Article 15 Order to Control within a Time Limit Environment protection departments at various levels shall apply to the people' s government of the same level for a decision to order those enterprises or institutions causing serious pollution by hazardous wastes to control the pollution within a specified time limit, and also exercise inspection and supervision over the pollution control efforts by the units so ordered. Article 16 On-Site Inspection and Monitoring Environment protection departments at all levels have the right to conduct on-the-spot inspections of the generation, collection, storage, utilization, treatment or disposal of hazardous wastes within the areas of their administration, obtain data thereon and collect samples. The inspected units shall report the truth and provide relevant data and samples. The inspection departments and personnel shall have the obligations to guard the technological and operational secrets of the inspected units. Under the relevant regulations on the management of the transportation of hazardous goods and chemicals, the inspection of the transportation of hazardous wastes shall be conducted by the departments that exercise the power of supervision and management in accordance with law. Article 17 Emergency Measures for Pollution Accidents Units and individual persons concerned shall formulate appropriate rescue measures for possible accidents that may occur in the course of the collection, transportation, storage, utilization, treatment and disposal of hazardous wastes. When pollution accidents or other emergency pollution accidents occur in the course of collecting, transporting, storing, utilizing, treating or disposing hazardous wastes, units and individual persons concerned must take prompt action to prevent or minimize pollution damages, lose no time in informing units and residents likely to be affected by pollution of the danger and report to the district or county environment protection departments and other departments that exercise supervisory and management functions in accordance with law in the locality of the accidents, so that they can make investigations and deal with the accidents accordingly. Chapter III Pollution Control Article 18 Comprehensive Prevention and Control Administrative departments of all sectors concerned shall formulate pollution control plans for hazardous wastes generated by enterprises under their administration in line with the requirements of comprehensive control and quantitative examination so as to reduce the discharge of hazardous wastes in a planned way. Generators of hazardous wastes shall adopt cleaner production processes so as to reduce the generation of hazardous wastes. Measures should be taken to achieve the comprehensive utilization or environmentally sound treatment of the hazardous wastes generated and to establish a management system for the control of the pollution by hazardous wastes. Article 19 Treatment and Disposal Generators of hazardous wastes shall transfer the hazardous wastes to the units or sites with licenses for centralized storage, utilization, treatment and disposal. If this Municipality does not have the facilities for centralized storage, utilization, treatment or disposal at the moment, generators of hazardous wastes shall store them properly in accordance with the guidance and instructions of the environment protection departments and relevant technical requirements. Environment protection departments at various levels shall exercise supervision over the storage of hazardous wastes by the generators themselves. If it is necessary to transfer hazardous wastes to other areas outside this Municipality, their generators shall submit to the district or county environment protection departments of their own localities written applications, accompanied by the certificates of approval by the environment protection departments above the county level of the receptors' localities and other related data. The district or county environment protection departments should give their initial examination opinion within 20 days. If approval is given during the initial examination process, the applications should be submitted to the Municipal Environment Protection Bureau for further approval. The Municipal Environment Protection Bureau shall give a written rely within 15 days. Article 20 Identification Marking Facilities and sites for the storage, utilization, treatment or disposal of hazardous wastes shall bear uniform identification marks in accordance with the requirements of the Municipal Environment Protection Bureau. The application for and placement of identification marks for the transport of hazardous wastes are subject to the relevant provisions on the management of the transport of dangerous goods and chemicals. Article 21 Prohibition Against Dumping, Littering and Discharge It is prohibited to dump, stockpile, landfill or discharge hazardous wastes that should be stored, utilized, treated or disposed in a centralized way under relevant regulations in areas not approved for such purposes. Discharge of hazardous wastes mixed with household refuse or other wastes is prohibited. Dumping or discharging of hazardous wastes into nature reserves, water bodies, farmland or sewage systems is prohibited. Dumping of hazardous wastes into the seas is subject to the regulations of the State on dumping of wastes into the seas. Article 22 Safe Packaging Before the collection and transportation of hazardous wastes, their generators shall select safe packing materials and packing modes in accordance with the characteristics and forms of the hazardous wastes and provide to the carriers and receptors information on requirements for safety and protection. Hazardous wastes to be collected, transported or stored shall be classified according to their characteristics for packing purposes. Article 23 Prevention of Pollution in Transportation When transporting hazardous wastes, the consignor, carrier and stevedores shall comply with the regulations of the State and of this Municipality on the management of transport of dangerous goods and chemicals. Measures should be taken to prevent leakage, dissipation, overflowing or damage in the course of transportation. Transport of hazardous wastes on passenger vehicles or transport of goods and passengers on the same vehicles is prohibited. The carrier shall transport hazardous wastes to designated places in accordance with the requirements on the Reporting Form for the Transfer of Hazardous Wastes. Article 24 Prevention of Pollution in Storage Effective measures should be taken to prevent the permanent storage facilities for hazardous wastes from contaminating surface water, ground water and any other environments. Measures should be taken to prevent leakage, dissipation, rain and loss when hazardous wastes are stored on a temporary basis in the areas outside one' s own unit and approval for such storage secured from the district or county environment protection departments of the localities concerned. Article 25 Prevention of Pollution in Treatment and Disposal Operations Measures and facilities for the prevention of contamination of surface water, ground water, air and soil must be in place for the operations of the treatment or disposal of hazardous wastes. Their operational procedures must comply with relevant technical procedures. Article 26 Treatment of Contaminated Equipment or Appliances Before their Use for Other Purposes Equipment, appliances, packing materials or other devices contaminated by hazardous wastes must be treated to eliminate their contamination before they can be used for other purposes. Article 27 Management of Facilities and Sites Treatment and disposal facilities for hazardous wastes shall be strictly managed and regularly maintained so as to ensure their normal operation. Anti-contamination measures shall be taken in accordance with the relevant technical procedures when the storage, treatment or disposal facilities or sites for hazardous wastes are to be disused or closed down. Responsibility for contamination occurring after their disuse or close down shall be borne by the units or individual persons causing the contamination. Encroachment on or damage of hazardous wastes storage or treatment sites or facilities by any unit or individual person is prohibited. Development or utilization of sites where hazardous wastes are landfilled is generally prohibited. Where such development or utilization is necessary, it should be proven to be feasible scientifically and approved by the Municipal Environment Protection Bureau. Urban administrative departments, such as planning and environment protection departments, shall establish permanent files on the landfill sites for hazardous wastes. Chapter IV Legal Liability Article 28 Punishment for Violations of a General Nature Environment protection departments at various levels may serve warnings to anyone who commits one of the following acts in violation of these Procedures or impose on him a fine between RMB 1,000 and 5,000 yuan: 1. Failure to report hazardous wastes to environment protection departments as required or make another report or a supplementary report within a prescribed time limit when there are major modifications or changes; 2. Failure to fill in and submit the Reporting Forms for the Transfer of Hazardous Wastes as required; 3. Failure to put up identification marks on facilities or sites for the collection, storage, utilization, treatment or disposal of hazardous wastes; or 4. Failure to provide safe packaging as required when collecting or transporting hazardous wastes. Article 29 Penalties for Serious Violations Environment protection departments at various levels may order any one who commits one of the following acts in violation of these Procedures to remove his damage and impose on him a fine up to RMB 50,000 yuan, depending on the extent of the damage done: 1. Unauthorized dumping, littering, stockpiling, storage or landfilling of hazardous wastes; 2. Mixing hazardous wastes with household refuse or other wastes; 3. Entrusting hazardous wastes to units or individual persons without the necessary licenses for storage, utilization, treatment or disposal; 4. Introducing without approval hazardous wastes from other provinces, autonomous regions or municipalities; 5. Transferring without approval hazardous wastes to areas outside this Municipality; or 6. Unauthorized dismantlement, suspension of operation or idling of the facilities for the prevention and control of pollution by hazardous wastes. Those who undertake unauthorized development or utilization of land on the hazardous wastes treatment sites or seize or damage the storage or treatment facilities or sites for hazardous wastes in violation of these Procedures shall be ordered by environment protection departments to make corrections and subjected to a fine up to RMB 30,000 yuan. Those who import without approval hazardous wastes from abroad in violation of these Procedures shall be dealt with by the customs authorities in accordance with relevant laws and statutes. Article 30 Punishment for Illegal Commercial Operations Those who engage in collection, storage, utilization, treatment or disposal of hazardous wastes for commercial purposes without securing approval or the necessary licenses in violation of these Procedures shall be ordered by environment protection departments to stop their illegal operations. They shall have their illegal proceeds confiscated and may be subjected to a fine up to the sum of their illegal proceeds; Those who engage in collection, storage, utilization, treatment or disposal of hazardous wastes for commercial purposes in violation of the provisions of their licenses may also have their business licenses revoked by the issuing authorities. Article 31 Punishment for Illegal Construction Projects Those who newly build, renovate or expand construction projects that generate or may generate hazardous wastes in violation of these Procedures shall be penalized by environment protection departments at various levels in accordance with the relevant regulations on the environment protection for construction projects. Article 32 Accountability for Pollution Accidents Those who cause environmental pollution accidents in violation of these Procedures shall be subjected by environment protection departments to a fine up to 100,000 yuan. Those who cause grave losses shall be subjected to a fine amounting to 30% of the direct losses, but up to RMB 500,000 yuan. Those who are directly responsible shall be subjected to administrative disciplinary measures by their own units or competent administrative departments above them. Those who commit crimes shall be prosecuted in accordance with the criminal law. Article 33 Punishment for Illegal Transport Those who handle or transport hazardous wastes in violation of these Procedures shall be penalized by the departments empowered by law to exercise supervision and management, such as public security, transportation and harbor navigation superintendent authorities, in accordance with relevant laws, statutes and regulations. Article 34 Coordination of Administrative Punishment Where the determination of administrative and legal accountability for violations of these Procedures involves more than two administrative departments with the power to punish, the departments concerned shall coordinate with each other so that the department that bears the primary management responsibility shall deal with the case in accordance with law. Article 35 Accountability for Violations of Law by Law Enforcement Officials Personnel of the supervision and management departments who neglect their duties or abuse their powers in the implementation of these Procedures shall be subjected to administrative disciplinary measures by their own units or competent administrative departments above them. Those who violate laws shall be prosecuted by the judicial organs in accordance with the criminal law. Article 36 Review and Litigation The party concerned objects to the specific administrative acts of the supervision and management departments, may apply for administrative reviews or initiate administrative actions in accordance with the Regulations on Administrative Review and the Administrative Litigation Law of the People's Republic of China. If the party concerned fails to apply for review or take action within the legal time limit, or refuse to implement the specific administrative acts, the administrative organ that decides on the specific administrative acts may apply to a people's court for an enforcement action in accordance with the Administrative Litigation Law of the People's Republic of China. Chapter V Supplementary Provisions Article 37 Interpretation of Related Terms For the purpose of these Procedures, the following terms shall mean: 1. Collection refers to activities to bring together scattered hazardous wastes for the purposes of transportation, storage, utilization, treatment or disposal; 2. Storage refers to the temporary custody of hazardous wastes for the purposes of utilization, treatment or disposal; 3. Utilization refers to the extraction of or the transformation into utilizable resources, energies or raw materials from hazardous wastes, through recovering, processing or recycling; 4. Treatment refers to activities to change the physical and chemical properties of hazardous wastes and render them harmless or to reduce the quantity of hazardous wastes already generated or reduce or eliminate their hazardous components. 5. Disposal refers to activities to eliminate hazardous wastes or place them in the sites that meet environment protection requirements, so that the wastes thus disposed of never need recycling. Article 38 Department Responsible for Interpretation of Application The Municipal Environment Protection Bureau shall be responsible for the interpretation of these Procedures in connection with specific problems in application. Article 39 Date of Implementation These Procedures shall become effective on March 1, 1995. |
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