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2019-07

The amendment to the Solid Waste Law passed, 1 million fines and mandatory shutdowns will become the norm

发布时间 : 2019-07--02
The "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste (Revised Draft)" was passed at the executive meeting of the State Council held on June 5. In addition to the addition of an extended producer responsibility system and a garbage classification system, the amendment also revised specific penalties. The fines for a number of violations were raised to 1 million yuan or forced to shut down, and the cost of violations of the enterprise was further increased. From the "Waste Removal Action" to the revision of the "Solid Waste Law", from the blue sky defense battle to the second round of central environmental inspections, solid waste disposal has undoubtedly become the top priority of the country’s environmental protection work from the past "obscurity". weight.     The current "Solid Waste Law" has been implemented since 1996 and the major revision was made in 2004. This is the second major revision of the "Solid Waste Law" within 22 years of its implementation. It is understood that the revised draft of the "Solid Waste Law" has six chapters and 102 articles, of which 50 articles have been revised, 14 articles have been added, and 4 articles have been deleted.   The revised draft strengthens the main responsibility of producers, emphasizing that solid waste generators are the primary responsible person for solid waste management. The draft also proposes the "Extension of Producer Responsibility System" to absorb and solidify the management experience of waste electrical and electronic products, encourage producers to develop ecological design, establish a recycling system, and promote resource recycling.    The main changes include:   01    Strengthen the main responsibility of the producer    In accordance with the principle that the polluter is responsible according to law, it further emphasizes that the solid waste generator is the primary person responsible for the treatment of solid waste. Establish a solid waste discharge permit system, incorporate solid waste into the pollutant discharge permit, implement "one-license" management, and promote the implementation of the main responsibility of the producer.   02   Define the obligations and responsibilities of the parties involved in the transfer   Where the producer needs to entrust others to transport, utilize, and dispose of solid waste, it must adopt a written contract. The entrustment contract cannot transfer the generator’s legal responsibility for the treatment of solid waste. Producers are prohibited from entrusting others to transport, utilize, and dispose of solid waste without a contract or adopt a false contract, and prevent illegal transfer of solid waste in the name of sale.   03   Proposed extended producer responsibility system    Increase the regulations on the extended system of producer responsibility, absorb and solidify the management experience of waste electrical and electronic products, encourage producers to develop ecological design, establish a recycling system, and promote resource recycling.   04    Reform the solid waste import management system    Fully implement the "Implementation Plan for Promoting the Reform of the Import Management System of Solid Waste Prohibiting the Entry of Foreign Garbage" and reform the solid waste import management system.   05   Increase economic means    Link up with the Environmental Protection Tax Law, abolish hazardous waste discharge fees, and increase environmental protection tax provisions. Add clauses on compulsory liability insurance for environmental pollution, and require companies involved in hazardous waste to take out compulsory insurance.   06    Strengthen legal means    Added new clauses on the seizure of solid waste, suspension of production and rectification, and added administrative compulsory measures against solid waste violations. Revise Chapter 5 "Legal Liability" and increase the upper limit of fines.    The revised draft of the "Solid Waste Law" involves major changes in fines:     01 According to national and local environmental protection laws and regulations: the unit that produces hazardous waste must conduct centralized treatment of hazardous waste, and arrange for special personnel to be responsible for collection and management. Hazardous waste to be transported must be stored in special containers, and hazardous waste must be handed over to a unit with corresponding qualifications. Collection, transportation, processing and disposal.   02    The construction unit shall reduce, recycle and harmless hazardous waste. Prevent and reduce the generation of hazardous waste as much as possible; reduce the amount of hazardous waste treatment and disposal through recycling as much as possible; the hazardous waste that cannot be recycled and reused is entrusted to a qualified unit for processing and disposal. The "Solid Waste Law" and other laws and regulations prohibit providin
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