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Where is the new solid waste law?
Origin：Hefan Hit： Time：2020-05-08
After 25 years, after one revision and three revisions, on April 29, 2020, the Law of the People ’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes (hereinafter referred to as the “New Solid Waste Law”) was revised and approved since 2020 It will take effect on September 1. The new solid waste law adheres to the people-centered development idea, implements the new development concept, highlights the problem-oriented, responds to the expectations and practical needs of the people, improves the long-term mechanism for the prevention and control of environmental pollution by solid waste, and protects the ecological environment with the strictest system and strictest rule of law .
In the year of pollution prevention and control, the new solid waste law is worth looking forward to!
What has been added from 6 chapters 91 to 9 chapters 126? What are the highlights?
The current Solid Waste Law was enacted in 1995, and was revised for the first time in 2004, and three specific amendments were made in 2013, 2015, and 2016.
During this period, especially since the 18th National Congress of the Communist Party of China, the construction of ecological civilization has been incorporated into the overall layout of the "five in one" and "four comprehensive" strategic layout of the cause of socialism with Chinese characteristics. Formally established, the opening of the ecological civilization system reform, the foundation of the ecological environment, the revision of the new environmental protection law, comprehensive laws, green principles written in the general principles of civil law, the concept of green development are becoming more popular, etc., for the revision of the solid waste law in the new period Pointed out the direction.
The solid waste law amended this time is clearly written for the purpose of legislation to protect and improve the ecological environment and promote the construction of ecological civilization. It is proposed that the country implements green development methods and promotes the domestic waste classification system. Adhere to the principles of reduction, recycling, and harmlessness of solid waste pollution prevention and control, and adhere to the principle of responsibility for pollution. Strengthen the supervision and management responsibility of the government and its related departments. Clarify the target responsibility system and assessment and evaluation system, credit records, joint prevention and joint control, whole process monitoring and information traceability and other systems, and clarify that the country gradually realizes zero import of solid waste.
At the same time, strict legal responsibilities, severe penalties and severe penalties for violations, and a clear consultation system for solid waste ecological and environmental damage compensation.
According to the heads of the relevant departments of the Legal Work Committee of the Standing Committee of the National People ’s Congress, the new solid waste law also adds a chapter of safeguards, from land use, construction of facilities, economic and technological policies and measures, training and guidance of employees, industry specialization and scale Development, pollution prevention and control technology progress, government funding arrangements, environmental pollution liability insurance, participation of social forces, tax incentives and other aspects of comprehensive protection of solid waste pollution prevention and control work.
The reporter noticed that, compared with the current solid waste law, there is another very obvious change in the style of the new solid waste law, which is to separate industrial solid waste, domestic waste and hazardous waste into separate chapters.
At the same time, in response to the new situation of solid waste management, the chapter "Construction waste, agricultural solid waste, etc." was added, which clarified that the state established an extended producer responsibility system for electrical and electronic products, lead storage batteries, and automotive power batteries, and Plastic pollution control, clarify the basic requirements of sludge treatment, laboratory solid waste management and so on.
In addition, the new solid waste law has redefined the meaning of solid waste in the annex, adding "has been processed harmlessly, and complies with mandatory national product quality standards, will not endanger public health and ecological safety, or according to solid waste identification standards And identification procedures that are deemed not to be solid waste, except for ". In addition, the meaning of construction waste has been added.
Improve the environmental pollution prevention and control system for industrial solid waste, domestic garbage and hazardous waste
The new solid waste law strengthens the responsibility of producers in the improvement of the industrial solid waste pollution prevention and control system, including the establishment and improvement of the industrial solid waste generation, collection, storage, transportation, utilization, and disposal of the entire environmental pollution prevention and control responsibility system, and the establishment of management The ledger shall record and record truthfully to realize the traceability and query of industrial solid waste; if entrusting others to transport, use or dispose of it violates the provisions of this Law, in addition to the punishment in accordance with the provisions, it will also bear joint and several liability with the entrusting party. Producers should also implement cleaner production audits in accordance with the law and obtain pollutant discharge permits.
In addition, the law also stipulates that the expenses for the safe disposal of undisposable industrial solid waste and its storage and disposal facilities and sites that have been terminated before April 1, 2005 shall be borne by the relevant people's government. The state stipulates that advanced technologies are used to comprehensively utilize solid mining wastes such as tailings, coal gangue, and waste rock.
The decision of the Fourth Plenary Session of the Nineteenth Central Committee of the Party proposed that the garbage classification system should be generally implemented. The new solid waste law improves the system for preventing and controlling the pollution of domestic waste by making it clear that the classification of domestic waste adheres to the principles of government promotion, participation of all people, urban-rural co-ordination, local adaptation, and simplicity.
Require local governments at and above the county level to speed up the establishment of a household waste management system for classified placement, classified collection, classified transportation, and classified treatment, to achieve effective coverage of the domestic waste classification system; to coordinate the effective connection of public transportation, treatment facilities and collection facilities for domestic waste, and strengthen classification Integration of collection and transportation system and renewable resource recovery system in planning, construction, operation, etc .; establishing a domestic garbage charging system and formulating domestic garbage disposal charging standards.
In addition, it also stipulates that organs and institutions should take the lead in the demonstration of domestic waste classification. Encourage domestic waste treatment facilities to build and share across administrative regions.
Hazardous waste is not only highly sensitive to the environment, but also has a high degree of safety risk, which is the top priority of solid waste management. In terms of improving the environmental protection system for hazardous wastes, the new solid waste law stipulates that the national list of hazardous wastes should be dynamically adjusted. Provisions are made to implement hierarchical classification management based on the hazardous characteristics and quantity of hazardous waste, establish an information-based supervision system, and manage and share hazardous waste transfer data and information through information-based means.
The new solid waste law also specifies the management of hazardous waste transfer, stipulating that the competent department of ecological environment of the people ’s government of the province, autonomous region, or municipality directly under the Central Government should approve the transfer of the hazardous waste within the prescribed time limit after consultation and acceptance. Approval information is reported to the competent eco-environmental authority and transportation authority of the receiving area, and it is clear that the management of hazardous waste transfer should be managed and controlled throughout the process to improve efficiency.
In addition, the key hazardous waste operating units should include the decommissioning costs in the investment budget or production costs, specifically for the decommissioning of key hazardous waste centralized disposal facilities and sites; require units that collect, transport, use, and dispose of hazardous waste to be insured Environmental pollution liability insurance.
The maximum fine for illegal units is 5 million yuan, and the maximum fine for individuals is 1 million yuan
Under the concept of continuing severe punishment and severe punishment for environmental violations, the new Solid Waste Law revises strict legal responsibilities and raises fines. The reporter found out that there were four violations with a fine of up to 5 million yuan (Article 108, Article 114, Article 115 and Article 116).
The first item is the violation of the provisions of this law, unauthorized dumping, stacking, discarding, and leaving the sludge generated by the urban sewage treatment facility and the treated sludge causing serious consequences. The urban drainage department shall handle more than 2 million yuan and less than 5 million yuan. fine.
The second item is to engage in the business activities of collecting, storing, using, and disposing of hazardous waste without a license. The department in charge of ecology and environment shall order corrections, impose a fine of more than 1 million yuan and less than 5 million yuan, and report it to the people's government with approval Approve, order to suspend business or close.
The third item is that, in violation of the provisions of this Law, importing solid waste from outside the People's Republic of China into the territory, the Customs shall order the solid waste to be returned and impose a fine of not less than RMB 500,000 but not more than RMB 5 million.
The fourth item is that in violation of the provisions of this Law, if the hazardous waste is transferred through the People's Republic of China through transit, the customs shall order the return of the hazardous waste and impose a fine of more than 500,000 yuan but less than 5 million yuan.
The new solid waste law also added penalties and responsibilities. For example, Article 119 newly added the illegal discharge of solid waste, and imposed continuous daily punishment; Article 120 added personal punishment, which stipulates that 6 cases will be subject to administrative detention; Article 102 Article 8, paragraph 1 stipulates that if a solid waste management account is not established and recorded truthfully, a fine of 50,000 yuan to 200,000 yuan shall be imposed.
At the same time, the penalties will be strengthened, and the maximum fine for individuals is 1 million yuan.
The new solid waste law stipulates that if the legal representative, main person in charge, directly responsible person in charge and other persons in charge are engaged in the business activities of collecting, storing, using and disposing of hazardous waste without a license, they shall be punished with over RMB 100,000 and RMB 1 million The following fines; those who fail to engage in the business activities of collecting, storing, using, and disposing of hazardous wastes in accordance with the provisions of the permit shall be fined more than 50,000 yuan but less than 500,000 yuan; The unit earns a fine of less than 50% of the income; there are six types of illegal acts such as unauthorized removal of hazardous wastes, and face administrative detention penalties.
In addition, the current solid waste law only imposes a fine of more than 2,000 yuan but less than 20,000 yuan on units that obstruct law enforcement inspections. The new solid waste law not only raises the fine to more than 50,000 yuan but less than 200,000 yuan, but also The directly responsible person in charge and other directly responsible personnel shall be fined not less than 20,000 yuan but not more than 100,000 yuan.
