PRC Law on the Prevention and Treatment of Environmental Pollution Caused by Solid Waste

2005/02/15
Courtesy Coudert Brothers

中华人民共和国固体废物污染环境防治法

Issued: December 29, 2004

Effective: April 1, 2005

Issuing Authority: Standing Committee of the 10^th National People's Congress

Main Contents: With an aim to regulate imported waste, the amended law requires enterprises and individuals to dispose of solid waste generated during production, distribution, importation and use. Under the law, all solid waste must be examined by qualified inspection authorities before being imported to China. It also prohibits the import of non-recyclable solid waste and categorizes the import of recyclable solid waste as either "restricted" or that with "automatic licensing".

An enterprise must dispose of its solid waste before such enterprise is terminated or dissolved. In a merger or acquisition, the burden of disposal of untreated solid waste is placed on the acquirer, unless otherwise stated in a previous agreement. Enterprises that produce hazardous waste must put in place appropriate waste management plans and register them with the local environmental protection administrative agencies, or apply to said agencies at the provincial or central level if they wish to recycle such waste. Hazardous waste can be stored for a maximum of one year, and all applications for extensions must be approved by the environmental protection administrative agency.

The law forbids the import of solid waste that cannot be used as raw material and restricts the import of solid waste that can be used as raw material.

The law addresses the issue of excess packaging by requiring manufacturers, distributors and importers to recycle packaging listed in the recycling catalogue (not yet released), and calls upon the Standardization Administration of China to establish standards to prevent overuse of packaging.

Any breach of the law will result in the imposition of a maximum fine of 100,000 yuan (about US$12,082) or criminal damages depending on the severity of the infringement and, in the case of serious pollution accidents, the termination of the enterprise.



	Article featured in Business Beijing, February 2005 Publication sponsored by Information Office of the Beijing Municipal Government, Beijing Municipal Bureau of Commerce, Development & Reform Commission of Beijing Municipality, China Council for the Promotion of International Trade (Beijing Sub-Council)