(Article 1 For the prevention and control of solid waste pollution of the environment, the rational use of resources, according to the "Chinese People's *** and State Environmental Protection Law" and "Chinese People's *** and State Solid Waste Pollution Prevention and Control Law", combined with the actual situation in this province, the formulation of these regulations.
Article 2 These Regulations shall apply to the prevention and control of environmental pollution by the generation, collection, transportation, storage, utilization and disposal of solid wastes in the administrative area of this province.
The prevention and control of solid waste pollution of the marine environment and the prevention and control of radioactive solid waste pollution of the environment are not applicable to these regulations.
Article 3 of the people's governments at or above the county level, the competent administrative department of environmental protection for the prevention and control of solid waste pollution of the environment under the jurisdiction of the implementation of unified supervision and management.
The relevant departments of the people's governments at all levels are responsible for the supervision and management of the prevention and control of environmental pollution by solid wastes within their respective areas of responsibility.
Article 4 The state has formulated solid waste pollution control standards, the provincial people's government, the administrative department of environmental protection, in conjunction with the provincial quality and technical supervision departments, to formulate local standards that are stricter than the national standards, and report to the provincial people's government for approval and implementation.
The state has not formulated solid waste pollution control standards, the provincial people's government, the administrative department of environmental protection shall, in conjunction with the provincial quality and technical supervision departments, the development of local solid waste pollution control standards, reported to the provincial people's government for approval and implementation.
Article 5 The provincial people's government shall formulate the provincial solid waste pollution prevention and control planning, and is responsible for organizing and implementing.
Municipal and county people's governments shall, according to the provincial solid waste pollution prevention and control planning, develop their own jurisdictions solid waste pollution prevention and control planning, reported to the people's government of the higher level for approval and implementation.
Solid waste pollution prevention and control planning should be coordinated with regional environmental planning and urban master plan.
Article 6 The people's governments at all levels shall adopt economic and technological policies and measures conducive to the comprehensive utilization of solid waste activities to encourage and support the implementation of adequate recycling and rational use of solid waste.
Article VII of solid waste units and individuals have the responsibility to prevent and control the pollution of solid waste, should reduce the generation of solid waste, comprehensive utilization of solid waste, to prevent solid waste pollution of the environment.
Article VIII of solid waste units and individuals shall be classified in accordance with the relevant provisions of the storage of solid waste, self-disposal or to the solid waste business qualifications of the centralized disposal unit.
Article IX of industrial solid waste generation units, shall establish solid waste generation and flow and other relevant information on file, according to the year to the local people's government at or above the county level of the administrative department of environmental protection to declare the registration of the relevant situation.
Article X airports, stations, ports and terminals shall build supporting solid waste reception and storage facilities. The implementation of these regulations before the construction of supporting solid waste reception and storage facilities, shall be built within one year after the implementation of these regulations.
Article XI of the transport units and individuals on the transportation activities of solid waste shall be collected in accordance with relevant regulations, and sent to airports, stations, terminals, ports and other ancillary facilities for disposal, prohibited in transit, spillage, leakage, abandonment or dumping.
Article 12 Livestock and poultry farms and slaughterhouses shall, in accordance with the relevant provisions, collect, store, utilize or dispose of the livestock and poultry manure produced and the waste generated by slaughtering, to prevent pollution of the soil, the atmosphere and water bodies.
Article XIII of the law enforcement seized counterfeit and shoddy goods and other toxic and hazardous substances shall be disposed of in a manner consistent with the requirements of environmental protection, and open burning is prohibited.
Article 14 In the event of an accident of solid waste pollution of the environment, the unit or individual generating the pollution shall immediately take emergency measures to stop the discharge of sewage, prevent the spread of pollution, eliminate the hazards of pollution, and promptly report to the local people's government department in charge of environmental protection administration.
Article 15 encourages the construction of cross-administrative areas of solid waste disposal facilities, and encourages all types of social investment in the construction and operation of solid waste disposal facilities.
Article 16 The construction of centralized solid waste disposal facilities shall be consistent with solid waste pollution prevention and control planning.
New construction, expansion, reconstruction of solid waste disposal facilities, shall implement the environmental impact assessment system, and its supporting environmental protection facilities should be designed at the same time as the main project, construction, and put into use at the same time.
The implementation of these regulations has been built before the centralized solid waste disposal facilities fail to meet the national and provincial standards for solid waste pollution control, the people's government at or above the county level shall order the limited period of time or closed.
Article XVII of the construction project units to dispose of solid waste, pollution prevention and control facilities should be designed at the same time as the main project, the same time the construction, and put into use at the same time; entrusted to the centralized disposal of solid waste disposal facilities, can not build their own solid waste disposal facilities.
Article XVIII of solid waste generation units and individuals using centralized solid waste disposal facilities, shall pay the disposal costs, the specific measures developed by the provincial people's government.
Article 19 The proposed decommissioning or closure of solid waste centralized disposal facilities and sites, the operator shall report to the competent administrative department of environmental protection of the people's government at or above the county level for approval, and the equipment concerned, the remaining wastes and other toxic and hazardous residues shall be disposed of to eliminate pollution.
Article 20 engaged in hazardous waste collection, storage, utilization, disposal of business activities, shall apply for a hazardous waste business license. No hazardous solid waste shall be disposed of without a license.
Application for a hazardous waste business license shall have the following conditions:
(1) equipment and facilities for safe utilization and disposal in line with the requirements of environmental protection;
(2) professional and technical personnel in line with the requirements of hazardous waste business;
(3) a sound management system for safety and environmental protection;
(4) Other conditions that meet the requirements of laws and regulations and national standards.
Article 21 Any unit or individual shall dispose of hazardous wastes in accordance with the relevant provisions of the state and province. Not in accordance with the provisions of the disposal, by the people's governments at or above the county level of the environmental protection department ordered to make corrections; overdue disposal or disposal does not meet the relevant provisions of the state and province, by the people's governments at or above the county level of the environmental protection department designated unit to dispose of it on behalf of the local people's government. On behalf of the disposal costs borne by the hazardous waste generator.
Trans-administrative areas for the disposal of hazardous wastes, by the trans-administrative areas of the *** with the administrative department of environmental protection of the people's government of the previous level to designate units for disposal.
Article 22 The transfer of hazardous wastes shall be in accordance with the relevant provisions of the state and province to fill in the transfer of hazardous wastes, and to the place where the hazardous wastes are moved out and the place of acceptance of the people's government at or above the county level of the administrative department of environmental protection to report.
Article 23 of the highly toxic, teratogenic, carcinogenic, mutagenic and other highly hazardous wastes shall be disposed of by obtaining the appropriate hazardous waste business license. The list of highly hazardous wastes shall be formulated by the competent administrative department of environmental protection of the provincial people's government, and shall be published after approval by the provincial people's government.
Article 24 The administrative department of environmental protection of the people's governments at or above the county level shall waste hazardous chemicals and other hazardous wastes may produce sudden environmental pollution accidents to formulate contingency plans.
Article 25 The administrative department of environmental protection of the people's government at the next higher level that there is no clear responsible person or the responsible person no longer has the ability to be responsible for the hazardous waste, the people's government in the place where the hazardous waste is located shall arrange for funds and take measures to dispose of it in accordance with the relevant environmental protection regulations and standards, and to treat the polluted environment.
Article 26 Strictly controlled wastes which are not included in the national list of hazardous wastes but contain toxic and harmful substances, or are prone to produce toxic and harmful substances in the process of utilization and disposal, shall be formulated by the competent administrative department of environmental protection of the people's government of the province in conjunction with the relevant departments for the list of their types and treatment methods, and their utilization and disposal process shall be strictly controlled.
Article 27 shall apply for a license to treat strictly controlled wastes by using the treatment methods specified in the list of strictly controlled wastes. Without a license, shall not handle strictly controlled wastes.
Application for a strictly controlled waste treatment license shall meet the following conditions:
(1) there are storage and disposal equipment and facilities in line with the requirements of environmental protection;
(2) there are professional and technical personnel in line with the requirements of the strictly controlled waste operation;
(3) there is a sound management system of safety and environmental protection;
(4) in line with the requirements of laws and regulations and national standards. (d) other conditions in line with the laws, regulations and national standards.
Article 28 Hazardous Waste Operation License shall be issued uniformly by the competent administrative department for environmental protection of the provincial people's government, and the application and approval procedures shall be as follows:
(1) The applicant shall submit a written application to the competent administrative department for environmental protection of the people's government at or above the county level of the place where he is located and at the same time submit the relevant materials;
(2) The competent administrative department for environmental protection which accepts the application Shall be completed within twenty days from the date of receipt of the application materials for preliminary examination, reported to the provincial people's government of the administrative department of environmental protection for finalization;
(3) the provincial people's government of the administrative department of environmental protection shall make a decision within twenty days, permit, issue a hazardous waste business license; not allowed, shall be notified in writing of the reasons.
The first to accept the application materials of the administrative department of environmental protection shall, within five days, inform the applicant whether the application materials are correct and complete, the materials are correct and complete shall be accepted.
Article 29 The license for the treatment of strictly controlled wastes shall be issued by the competent administrative department for environmental protection of the people's government of the city at or above the prefecture level, and the application and approval procedures shall be as follows:
(1) The applicant shall make a written application to the competent administrative department for environmental protection of the people's government of the city at or above the prefecture level in the location where he has the right to approve the environmental impact assessment document of the project of the treatment of the strictly controlled wastes and submit the relevant materials. Relevant materials;
(2) the county-level administrative department of environmental protection of the people's government accepting the application shall complete the preliminary examination within twenty days from the date of receipt of the application materials, and submit it to the administrative department of environmental protection of the people's government of the city at or above the prefecture level for approval; the administrative department of environmental protection of the people's government of the city at or above the prefecture level shall make a decision in twenty days, and if it is permitted, the license for the treatment of strictly controlled wastes shall be issued; Not allowed, shall be informed in writing of the reasons;
(C) accept the application of the municipal people's government above the prefecture level of the administrative department of environmental protection shall make a decision within twenty days, permission, the issuance of strict control of waste disposal license; not allowed, shall be informed in writing of the reasons.
The first to accept the application materials of the administrative department of environmental protection shall, within five days of an applicant to inform the application materials are correct and complete, the materials are correct and complete shall be accepted.
Article 30 prohibits the following acts:
(1) open burning or the use of facilities not approved by the competent administrative department for environmental protection incineration treatment of asphalt, linoleum, rubber, tires, plastics, leather, wires and cables, circuit boards, copper-laying boards, electronic and electrical appliances, plastic machine filters, batteries, lamps, waste water treatment of sludge, household garbage, and other toxic and harmful fumes and foul-smelling gases. Harmful fumes and malodorous gases;
(ii) use of places that do not take impermeable measures to pile up, store and dispose of solid waste;
(iii) piling up of solid waste on the shores of rivers, lakes, seas, reservoirs, etc.
(iv) direct disposal of semi-solid or liquid wastes by landfilling;
(v) mixing hazardous and other toxic and harmful wastes into domestic waste landfills. (e) Mixing hazardous wastes and other toxic and harmful wastes into domestic wastes for landfill disposal;
(f) Transferring domestic wastes from outside the province or abroad into the province;
(g) Operating, disposing and utilizing imported waste electrical and electronic solid wastes in the province.
Article 31 The import of wastes that can be used as raw materials in the category of national restrictions on the import of waste must be obtained in accordance with relevant state regulations for the import of waste approval certificate.
Imported wastes as raw materials should be in line with national environmental control standards for imported wastes, shall not entrain hazardous wastes, household garbage and other toxic and hazardous substances. Waste import and processing and utilization process should be consistent with relevant laws and regulations. Utilization of the type, quantity and flow of waste generated in the process of non-utilizable shall be declared to the local administrative department of environmental protection registration, and in accordance with the relevant provisions of the treatment.
Article 32 No unit or individual shall set up regional barriers, or unauthorized designation of solid waste collection, storage, transportation and disposal of operators to interfere with the normal business activities of solid waste.
Article 33 Any unit or individual shall have the right to report to the competent administrative department of environmental protection any violation of these regulations. The competent administrative department of environmental protection shall promptly deal with the reported problems in accordance with the law.
Article 34 violation of the provisions of paragraph 2 of Article 5 of these Regulations, does not formulate solid waste pollution prevention and control planning and organization and implementation, by the people's government of the next higher level of the people's government shall be investigated in accordance with the law, the municipal and county people's government in charge of the administrative responsibility of the leaders.
Article 35 violation of these regulations, one of the following acts, by the people's government at or above the county level, the competent administrative department of environmental protection shall order rectification within a specified period of time, and impose a fine of not less than five thousand yuan and not more than 50,000 yuan:
(a) violation of article 8 of these regulations, failure to classify hazardous wastes in accordance with the provisions of storage;
(b) violation of the provisions of article 10 of these regulations, does not support the construction of the Solid waste receiving and storage facilities, or overdue to make up for the construction;
(3) violation of the provisions of Article 12 of these Regulations, not in accordance with the relevant provisions of the collection, storage, utilization or disposal of animal and poultry manure and slaughter waste generated;
(4) violation of the provisions of Article 19 of these Regulations, not the relevant equipment, the remaining wastes and other toxic and hazardous residues to deal with, eliminate pollution Or not reported to the people's governments at or above the county level administrative department of environmental protection for approval;
(E) violation of the provisions of Article 23 of these Regulations, the relevant units and individuals will be highly hazardous waste disposal, or to the unit without the appropriate hazardous waste business license to collect, store, utilize, dispose of, or mixed into other wastes collected, transported, stored, dumped, disposed of;
Article 36 violation of the provisions of Article 27 of these Regulations, did not obtain a strict control of waste disposal license, or not in accordance with the provisions of the strict control of waste disposal license to engage in disposal activities, by the people's governments at or above the county level of the administrative department of environmental protection ordered to stop the illegal acts, confiscate the illegal income; the circumstances are serious, and impose a fine of less than double the illegal income.
If a person does not engage in treatment activities in accordance with the provisions of the license for the treatment of strictly controlled wastes, the treatment license shall be revoked by the licensing authority.
Article 37 Violation of the provisions of Article 30 (1) of these Regulations, open burning or the use of facilities not approved by the administrative department for environmental protection to burn solid wastes, by the people's government at or above the county level of the location of the administrative department for environmental protection shall order the cessation of illegal acts, eliminate pollution, and impose a fine of not less than two thousand yuan and not more than twenty thousand yuan.
In violation of the provisions of Article 30 (2), (3), (4), (5) of these Regulations, the use of sites that do not take impermeable measures to pile up, store and dispose of solid wastes, or in the rivers, lakes, lakes, seas, reservoirs and other coastal piles of solid wastes, or landfills directly dispose of semi-solid or liquid wastes, or hazardous waste and other toxic and harmful wastes are mixed into domestic garbage Landfill disposal, by the people's governments at or above the county level, the competent administrative department for environmental protection shall order a period of time to make corrections, and impose a fine of not less than five thousand yuan and not more than fifty thousand yuan.
Article 38 Violation of the provisions of Article 32 of these Regulations, set up regional barriers, illegal designation of solid waste operators, interfere with the normal business activities of solid waste, by its superior competent authorities or the administration for industry and commerce shall be dealt with according to law; violation of laws and regulations on public order management, by the public security organs shall be dealt with according to law; constitutes a crime, shall be investigated for criminal responsibility.
Article 39 The staff of the competent administrative department for environmental protection and other personnel engaged in the detection, supervision and management of solid waste pollution prevention and control of the environment, abuse of power, dereliction of duty, constitutes a crime, shall be investigated for criminal responsibility; not yet a crime, shall be given administrative sanctions.
Article 40 These Regulations shall come into force on May 1, 2004 .