What is the management of hazardous waste

Chapter I General Provisions Article 1 In order to strengthen the supervision and management of hazardous waste collection, storage and disposal of business activities, prevention and control of hazardous waste pollution of the environment, in accordance with the "People's Republic of China *** and the State of Solid Waste Pollution Prevention and Control Law", the formulation of these measures.　　Article 2 Units engaged in the collection, storage and disposal of hazardous wastes within the territory of the People's Republic of China*** and the State of China shall, in accordance with the provisions of these Measures, receive a hazardous waste business license.　　Article 3 hazardous waste business license in accordance with the mode of operation, is divided into hazardous waste collection, storage, disposal of integrated business license and hazardous waste collection business license.　　Receive a comprehensive hazardous waste business license units, can be engaged in all types of hazardous waste collection, storage, disposal of business activities; receive a hazardous waste collection business license units, can only be engaged in motor vehicle maintenance activities generated by the waste mineral oil and residential daily life generated by the waste of nickel-cadmium batteries in the collection of hazardous waste business activities.　　Article 4 The competent department of environmental protection of the people's governments at or above the county level in accordance with the provisions of these measures, is responsible for the approval and issuance of hazardous waste business license and supervision and management work. [1] Chapter II Application for a hazardous waste business license conditions Article 5 Application for a comprehensive business license for the collection, storage and disposal of hazardous wastes, shall have the following conditions: (a) more than three environmental engineering or related professional titles above the intermediate level, and more than three years of experience in the management of solid waste pollution of technical personnel; (b) in line with the State Council's competent department of transportation related to the transportation of dangerous goods (C) there are in line with national or local environmental protection standards and safety requirements of the packaging tools, transit and temporary storage facilities, equipment and storage facilities, equipment, and qualified storage facilities; (D) in line with the national or provincial, autonomous regions, municipalities directly under the Central Government of the construction of hazardous waste disposal facilities, in line with national or local environmental protection standards and safety requirements of the disposal facilities, equipment and ancillary Pollution prevention and control facilities; of which, the centralized disposal of medical waste facilities, should also comply with national health standards and requirements related to the disposal of medical waste; (e) with the operation of hazardous waste categories of appropriate disposal technologies and techniques; (f) have to ensure the safety of hazardous waste management rules and regulations, pollution prevention and control measures, and emergency rescue measures; (g) disposal of hazardous wastes in the form of landfill should be obtained in accordance with law (g) Disposal of hazardous wastes by landfill shall obtain the land use right of the landfill site in accordance with law.　　Article 6 An application for a license to collect and operate hazardous wastes shall have the following conditions: (1) rainproof and impermeable means of transportation; (2) packaging tools, transit and temporary storage facilities and equipment that meet national or local environmental protection standards and safety requirements; (3) regulations and systems to ensure the safety of hazardous wastes, pollution prevention and control measures, and measures for emergency rescue in case of accidents. [1] Chapter III Application Procedures for Hazardous Waste Management License Article 7 The state of hazardous waste management license to implement a hierarchy of approval and issuance.　　The hazardous waste operation license of the centralized medical waste disposal unit shall be approved and issued by the competent department for environmental protection of the people's government at the municipal level in the district where the centralized medical waste disposal facility is located.　　Hazardous waste collection business license shall be approved and issued by the competent department for environmental protection of the people's government at the county level.　　Hazardous waste operation licenses other than those stipulated in the second and third paragraphs of this Article shall be approved and issued by the competent department for environmental protection under the people's governments of provinces, autonomous regions and municipalities directly under the central government.　　Article 8 A unit applying for a hazardous waste operation license shall submit an application to the licensing authority before engaging in hazardous waste operation activities, accompanied by supporting materials for the conditions stipulated in Article 5 or Article 6 of these Measures.　　Article 9 The licensing authority shall, within 20 working days from the date of acceptance of the application, review the supporting materials submitted by the applicant and conduct on-site verification of the operating facilities of the applicant. If the conditions are met, the hazardous waste management license shall be issued and announced; if the conditions are not met, the applicant shall be notified in writing with reasons.　　Before issuing the hazardous waste operating license, the licensing authority may, according to actual needs, seek the opinions of the relevant authorities and experts in health, urban and rural planning.　　Article 10 hazardous waste business license includes the following main content: (a) the name of the legal person, legal representative, residence; (b) hazardous waste management; (c) hazardous waste categories; (d) the annual scale of operation; (e) the validity of the period; (f) the date of issuance and certificate number.　　Hazardous waste comprehensive business license content, should also include the address of the storage and disposal facilities.　　Article XI of hazardous waste management unit to change the corporate name, legal representative and residence, should be from the date of registration of industrial and commercial changes within 15 working days, to the original licensing authority to apply for a hazardous waste business license change procedures.　　Article XII of the following circumstances, hazardous waste management unit shall apply in accordance with the original application procedures, re-apply for a hazardous waste management license: (a) change in hazardous waste management; (b) the increase in the category of hazardous waste; (c) new construction or alteration, expansion of the original hazardous waste management facilities; (d) the operation of hazardous wastes more than the original approval of the annual scale of operation of more than 20%.　　Article XIII of hazardous waste integrated business license is valid for five years; hazardous waste collection business license is valid for three years.　　Hazardous waste business license expires, hazardous waste management units continue to engage in hazardous waste management activities, should be in the hazardous waste business license expires 30 working days before the original licensing authority to apply for renewal. The original licensing authority shall accept the application for renewal within 20 working days from the date of review, meet the conditions, to be renewed; does not meet the conditions, notify the applicant in writing and explain the reasons.　　Article XIV of hazardous waste management unit terminated in the collection, storage, disposal of hazardous wastes business activities, should be operating facilities, places to take pollution prevention and control measures, and make appropriate treatment of hazardous wastes not disposed of.　　Hazardous waste management unit shall take the measures specified in the preceding paragraph within 20 working days from the date of the original licensing authority to submit an application for cancellation by the original licensing authority to carry out on-site verification of qualified cancellation of hazardous waste business license.　　Article 15 It is prohibited to engage in hazardous waste collection, storage and disposal business activities without a business license or not in accordance with the provisions of the business license.　　It is prohibited to import from outside the People's Republic of China*** and the State or transfer electronic hazardous wastes in transit through the People's Republic of China*** and the State.　　It is prohibited to provide or entrust hazardous wastes to units without business licenses to engage in the collection, storage and disposal of business activities.　　It is prohibited to forge, alter or transfer the hazardous waste operation license. [1] Chapter IV Supervision and Management Article 16 The competent department of environmental protection of the local people's government at or above the county level shall report the issuance of hazardous waste business license for the previous year to the competent department of environmental protection of the people's government of the higher level for the record by March 31 of each year.　　The competent department of environmental protection at the higher level shall strengthen the supervision and inspection of the approval and issuance of hazardous waste operating licenses by the competent department of environmental protection at the lower level, and promptly rectify the violations of law in the approval and issuance of hazardous waste operating licenses by the competent department of environmental protection at the lower level.　　Article 17 The competent departments for environmental protection of the people's governments at or above the county level shall strengthen the supervision and inspection of hazardous waste operation units through written verification and field inspection, and record the supervision and inspection situation and the results of the treatment, signed by the supervisors and inspectors and filed.　　The public has the right to inspect the supervision and inspection records of the competent department for environmental protection of the people's government at or above the county level.　　Where the competent department for environmental protection of the people's governments at or above the county level finds that a hazardous waste operation unit has circumstances in its business activities that do not comply with the conditions of the original license, it shall order it to rectify the situation within a certain period of time.　　Article 18 The competent department for environmental protection of the people's governments at or above the county level shall have the right to require the hazardous waste management unit to report on hazardous waste management activities on a regular basis. Hazardous waste management unit shall establish hazardous waste management record book, truthfully record the collection, storage, disposal of hazardous waste category, source, destination and no accident and other matters.　　Hazardous waste management unit should be hazardous waste business record book kept for more than 10 years, landfill disposal of hazardous waste business record book should be kept permanently. Termination of business activities, should be the hazardous waste business record book transferred to the local people's government at or above the county level, the competent department of environmental protection archives management.　　Article 19 The competent department for environmental protection of the people's governments at or above the county level shall establish and improve the file management system of hazardous waste business license, and regularly publish to the public approval of the issuance of hazardous waste business license.　　Article 20 The unit that receives the hazardous waste collection and operation license shall sign a receiving contract with the disposal unit and provide or entrust the collected waste mineral oil and waste cadmium-nickel batteries to the disposal unit for disposal within 90 working days.　　Article 21 Hazardous waste operating facilities shall be harmlessly treated before they are abandoned or converted to other uses.　　After the expiration of the service life of the operating facilities for landfilling of hazardous wastes, the hazardous waste operating unit shall, in accordance with the relevant provisions of the land that has been landfilled with hazardous wastes to take closure measures, and set up permanent markers in the delineation of the closed area. [1] Chapter V Legal Liability Article 22 Violation of the provisions of Article 11 of these Measures, the competent environmental protection department of the local people's government at or above the county level shall order rectification within a certain period of time, and shall give a warning; if no rectification is made after the deadline, the hazardous waste management license shall be suspended by the original licensing authority.　　Article 23 In violation of the provisions of Article 12 and the second paragraph of Article 13 of these Measures, the competent department for environmental protection of the local people's government at or above the county level shall order the cessation of the illegal act; if there is any illegal income, the illegal income shall be confiscated; if the illegal income is more than 100,000 yuan, the illegal income shall be imposed a fine of one or more than two times the amount of the illegal income; if there is no illegal income or if the illegal income is less than 100,000 yuan, a Article 24　　Article 24 violation of the provisions of Article 14, paragraph 1, Article 21, by the local people's government at or above the county level, the competent department of environmental protection shall order rectification within a certain period of time; failure to do so, a fine of 50,000 yuan or more than 100,000 yuan; cause pollution accidents, constituting a crime, shall be investigated for criminal responsibility.　　Article 25 Violation of the provisions of Article 15, paragraph 1, paragraph 2, paragraph 3 of these Measures, in accordance with the provisions of the "Chinese People's *** and the State Law on Prevention and Control of Environmental Pollution by Solid Wastes" shall be punished.　　Violation of the provisions of Article 15, paragraph 4, by the local people's government at or above the county level, the competent department of environmental protection to collect hazardous waste business license or by the original licensing authority to revoke the hazardous waste business license, and impose a fine of 50,000 yuan or more than 100,000 yuan; constitutes a crime, shall be investigated for criminal responsibility.　　Article 26 violation of the provisions of Article 18 of these Measures, by the local people's government at or above the county level, the competent department of environmental protection ordered to make corrections within a certain period of time, and given a warning; failure to make corrections after the due date, by the original licensing authority to suspend or revoke the hazardous waste business license.　　Article 27 In case of violation of the provisions of Article 20 of these Measures, the competent department for environmental protection of the local people's government at or above the county level shall order rectification within a certain period of time and give a warning; if no rectification is made after the expiration of the period of time, it shall be subject to a fine of not less than RMB 10,000 yuan and not more than RMB 50,000 yuan, and the hazardous waste operation license may be suspended or revoked by the original licensing authority.　　Article 28 The hazardous waste management unit is ordered to rectify the time limit, failure to rectify or rectification still does not meet the original licensing conditions, by the original licensing authority to suspend or revoke the hazardous waste business license.　　Article 29 is revoked or collected according to law hazardous waste business license unit, 5 years shall not apply for a hazardous waste business license.　　Article 30 The staff of the environmental protection department of the people's governments at or above the county level, one of the following acts, shall be given administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility: (a) to the unit does not meet the conditions set out in this approach to the issuance of hazardous waste business license; (b) found that the units and individuals who have not obtained the hazardous waste business license to engage in unauthorized operation of hazardous waste activities without investigation and handling (C) obtain a hazardous waste management license units in accordance with the law does not perform supervision and management responsibilities or found in violation of the provisions of these measures are not investigated and dealt with; (D) in the management of hazardous waste management license and other malfeasance. [1] Chapter VI Supplementary Provisions Article 31 The meaning of the following terms in these Measures: (a) hazardous wastes, is included in the National Hazardous Waste List or according to the national provisions of the hazardous waste identification standards and identification methods identified as hazardous wastes.　　(B) collection, refers to the hazardous waste management unit will be dispersed hazardous wastes for centralized activities.　　(C) storage, refers to hazardous waste management unit in the disposal of hazardous wastes, will be placed in compliance with environmental protection standards in the premises or facilities, as well as in order to centralize the scattered hazardous wastes, in the self-provided temporary facilities or premises per batch of more than 5,000 kilograms of weight or placement time of more than 90 working days of activities.　　(d) Disposal, refers to the hazardous waste management unit will be hazardous waste incineration, calcination, melting, sintering, cracking, neutralization, disinfection, distillation, extraction, precipitation, filtration, dismantling, as well as other methods to change the physical, chemical, biological characteristics of hazardous waste, to achieve the reduction of the amount of hazardous wastes, reduce the volume of hazardous wastes, reduce or eliminate the hazardous components of its activities, or hazardous wastes will be placed in a final place or facility in line with the requirements of the environmental protection regulations and requirements, or will be placed in a final place or facility. Or the hazardous waste is finally placed in a place or facility that meets the requirements of environmental protection regulations and is no longer retrieved.　　Article 32 Before the implementation of these Measures, in accordance with the provisions of local laws and regulations, rules or other documents have been obtained a hazardous waste management license units, should be in the original hazardous waste management license expires 30 working days before the expiration of the validity of the license, in accordance with the provisions of these Measures to re-apply for a hazardous waste management license. If it fails to do so, it shall not continue to engage in hazardous waste operation activities.　　Article 33 These Measures shall come into force from July 1, 2004 onwards. [1] Permit Process Editor Scope of Acceptance 1, annual incineration of more than 10,000 tons of hazardous waste; 2, disposal of hazardous wastes containing PCBs, mercury and other great threat to the environment and human health; 3, the use of hazardous waste disposal facilities included in the national hazardous waste disposal facility construction planning for the disposal of hazardous waste in a comprehensive centralized disposal facility. Approval conditions 1, there are more than 3 environmental engineering or related professional title of intermediate or above, and more than 3 years of experience in solid waste pollution control of technical personnel; 2, there are in line with the State Council's competent department of transportation related to the transportation of hazardous goods safety requirements of the means of transport; 3, there are in line with the national or local environmental protection standards and safety requirements of the packaging tools, transit and temporary storage facilities, equipment, and experience acceptance Qualified storage facilities, equipment; 4, in line with national or provincial, autonomous regions, municipalities directly under the Central Government hazardous waste disposal facilities construction planning, in line with national or local environmental protection standards and safety requirements of the disposal facilities, equipment and ancillary pollution prevention and control facilities; of which, the centralized disposal of medical waste facilities, should also comply with the national health standards and requirements relating to the disposal of medical waste; 5, with the operation of the hazardous waste Categories of hazardous wastes with the appropriate disposal technology and techniques; 6, to ensure the safety of hazardous waste management rules and regulations, pollution prevention and control measures and emergency rescue measures; 7, the disposal of hazardous wastes in the form of landfills, landfills should be obtained in accordance with the law of the land use right. Approval Procedures Units applying for a hazardous waste business license (hereinafter referred to as the applicant) apply directly to the State Environmental Protection Administration. State Environmental Protection Administration of Pollution Control Division of the Solid Division is responsible for accepting hazardous waste business license application materials. The applicant shall send the application materials directly to the Solid Division by mail or other means. Commitment Time Limit Within 20 working days from the date of accepting the application, SEPA shall examine the supporting materials submitted by the applicant and conduct on-site verification of the operating facilities of the applicant. If the conditions are met, the hazardous waste operating license will be issued and announced; if the conditions are not met, the applicant will be notified in writing with reasons. Hazardous waste business license approval process in accordance with the law requires a hearing, monitoring, identification and expert review, the time required is not calculated in the "Measures" described in the 20 working days.