Article 2 The term "abandoned hazardous chemicals" as mentioned in these Measures refers to hazardous chemicals abandoned or discarded by all, hazardous chemicals that have been eliminated, shoddy and expired, hazardous chemicals collected by administrative departments of public security, customs, quality inspection, industry and commerce, agriculture, safety supervision and environmental protection, and hazardous chemicals handed over by the public.
Abandoned hazardous chemicals belong to hazardous waste and are listed in the national hazardous waste list.
Article 3 These Measures shall apply to the prevention and control of environmental pollution caused by the generation, collection, transportation, storage, utilization and disposal of waste hazardous chemicals in People's Republic of China (PRC).
These Measures are also applicable to the prevention and control of environmental pollution by waste reagents and drugs produced in laboratories.
Containers containing discarded hazardous chemicals and packages contaminated by discarded hazardous chemicals shall be managed as hazardous wastes.
Where there are no provisions in these Measures, the provisions of relevant laws and administrative regulations shall apply.
Article 4 The prevention and control of environmental pollution by abandoned hazardous chemicals shall follow the principles of reducing the output of abandoned hazardous chemicals, safe and rational utilization and harmless disposal.
Article 5 The State encourages and supports the adoption of economic and technical policies and measures that are conducive to the recycling activities of discarded hazardous chemicals, and implements full recycling and safe and rational utilization of discarded hazardous chemicals.
The state encourages and supports the centralized disposal of waste hazardous chemicals and promotes the industrialized development of pollution prevention and control of waste hazardous chemicals.
Article 6 The environmental protection department of the State Council shall exercise unified supervision and management over the prevention and control of environmental pollution caused by abandoned hazardous chemicals throughout the country.
Local environmental protection departments at or above the county level shall supervise and manage the prevention and control of environmental pollution caused by abandoned hazardous chemicals within their respective administrative areas.
Article 7 It is forbidden for any unit or individual to dispose of dangerous chemicals at will.
Article 8 Producers, importers, sellers and users of hazardous chemicals shall be responsible for the pollution prevention and control of abandoned hazardous chemicals.
Producers of hazardous chemicals should reasonably arrange production projects and scale, abide by relevant national industrial policies and environmental policies, and minimize the production of discarded hazardous chemicals.
Producers of hazardous chemicals are responsible for the recovery, utilization and disposal of waste hazardous chemicals by themselves or by entrusting units with hazardous waste business licenses with corresponding business categories and scales.
Importers, sellers and users of hazardous chemicals have the responsibility to entrust units with hazardous waste business licenses with corresponding business categories and scales to recover, utilize and dispose of waste hazardous chemicals.
Producers, importers and sellers of hazardous chemicals have the responsibility to provide users and the public with information on the recycling, utilization and disposal units and methods of recycling, utilization and disposal of waste hazardous chemicals.
Article 9 Units that produce discarded hazardous chemicals shall establish a hazardous chemicals scrapping management system, formulate a management plan for discarded hazardous chemicals and report it to the environmental protection department for the record according to law, and establish an information registration file for discarded hazardous chemicals.
Units that produce abandoned hazardous chemicals shall report the types, names, components or compositions, characteristics, output, flow direction, storage, utilization and disposal, chemical safety technical specifications and other information of the abandoned hazardous chemicals to the local environmental protection department at or above the county level.
Major changes have taken place in the matters listed in the preceding paragraph, and the change declaration shall be made in a timely manner.
Tenth provincial environmental protection departments should establish an information exchange platform for abandoned hazardous chemicals to promote the recycling and safe and rational utilization of abandoned hazardous chemicals.
Eleventh units engaged in the collection, storage, utilization and disposal of waste hazardous chemicals shall, in accordance with the relevant provisions of the state, apply to the local environmental protection department at or above the provincial level for a hazardous waste business license.
Where a hazardous chemicals production unit recycles and disposes of waste hazardous chemicals similar to its products, it shall apply to the local environmental protection department at or above the provincial level for a hazardous waste business license, and provide certification materials that meet the following conditions:
(a) have the corresponding production capacity and perfect management system;
(2) Having facilities, technologies and processes for the recovery and disposal of hazardous chemicals;
(three) supporting pollution prevention facilities and emergency rescue measures that meet the national or local environmental protection standards and safety requirements.
It is prohibited to engage in the collection, storage, utilization and disposal of abandoned hazardous chemicals without a hazardous waste business license or in violation of the business license.
Article 12 Units that recycle waste hazardous chemicals must ensure that the facilities, equipment and places that recycle waste hazardous chemicals meet the requirements of national laws, regulations and standards on environmental protection to prevent secondary pollution; Waste hazardous chemicals that cannot be used shall be disposed of harmlessly or bear the disposal expenses in accordance with the relevant provisions of the state.
Article 13 Where a waste hazardous chemical producer entrusts a unit with a hazardous waste business license to collect, store, utilize and dispose of waste hazardous chemicals, it shall provide them with technical information such as name, quantity, composition or composition, characteristics, chemical safety technical specifications, etc. Hazardous chemical waste.
The receiving unit shall verify the received waste hazardous chemicals; Without verification, it shall not be disposed of; Those that do not conform to the verification shall be disposed of after determining their varieties, components and characteristics.
It is forbidden to provide or entrust abandoned hazardous chemicals to units without hazardous waste business licenses to engage in business activities such as collection, storage, utilization and disposal.
Article 14 Where a unit that produces, stores and uses hazardous chemicals changes production, stops production, closes down business or is dissolved, it shall properly dispose of hazardous chemicals production or storage equipment, stored products and raw materials in accordance with the relevant provisions of the Regulations on the Safety Management of Hazardous Chemicals, and test the soil and groundwater in the factory area in accordance with relevant national environmental protection standards and norms, prepare an environmental risk assessment report and report it to the environmental protection department at or above the county level for the record.
If the site is polluted, the environmental restoration plan shall be reported to the environmental protection department at or above the county level for approval, and the polluted site shall be restored within the time limit specified by the environmental protection department. After the completion of environmental remediation of contaminated sites, environmental protection testing institutions shall be entrusted to test the repaired sites, and the test report shall be reported to the environmental protection department at or above the county level for the record.
Fifteenth containers and packages of discarded hazardous chemicals, as well as facilities and places for the collection, storage, transportation and disposal of discarded hazardous chemicals, must be equipped with hazardous waste identification signs.
Article 16 When transferring waste hazardous chemicals, a joint list of hazardous waste transfer shall be filled out in accordance with the relevant provisions of the state; Transfer across administrative regions above the municipal level shall be reported to the environmental protection department above the municipal level for approval before transfer.
Article 17 The competent departments of public security, customs, quality inspection, industry and commerce, agriculture, safety supervision, environmental protection, etc. shall, in the administrative activities of collecting or receiving waste hazardous chemicals according to law, entrust units with corresponding business categories and scales with hazardous waste business licenses for recovery, utilization and disposal.
If there is a clear responsible person for the collected waste hazardous chemicals, the disposal expenses shall be borne by the responsible person, and the collection administrative department shall be responsible for recycling; If there is no clear responsible person for the collected waste hazardous chemicals or the responsible person is unable to bear the disposal expenses, and the collected waste hazardous chemicals handed over by the public, the administrative department responsible for the collection shall apply to the finance at the same level for the disposal expenses.
Article 18 The principal responsible person of a unit that generates, collects, stores, transports, utilizes and disposes of waste hazardous chemicals must ensure that the management of waste hazardous chemicals in this unit conforms to the provisions of relevant laws, regulations and rules and the requirements of national standards, and be responsible for the environmental safety of waste hazardous chemicals in this unit.
Personnel engaged in the collection, storage, transportation, utilization and disposal of waste hazardous chemicals must be trained in environmental protection laws and regulations, professional technology and emergency rescue before they can engage in this work.
Article 19 Units that produce, collect, store, transport, utilize and dispose of waste hazardous chemicals shall formulate emergency plans for environmental emergencies of waste hazardous chemicals, report them to environmental protection departments at or above the county level for the record, build or equip necessary environmental emergency facilities and equipment, and conduct regular drills.
When an accident of abandoned dangerous chemicals occurs, the unit responsible for the accident shall immediately take measures to eliminate or reduce the pollution harm to the environment, promptly notify the units and residents who may be affected by the pollution harm, and report to the local environmental protection department and relevant departments at or above the county level for investigation and handling in accordance with the relevant national accident reporting procedures.
Twentieth environmental protection departments at or above the county level shall have the right to supervise and inspect the units that generate, collect, store, transport, utilize and dispose of waste hazardous chemicals within their respective administrative areas. Found in violation of these measures, shall be ordered to make rectification within a time limit. The inspection and treatment results shall be recorded and filed after being signed by the inspectors.
The inspected unit shall accept the supervision and inspection carried out by the inspection organ according to law, truthfully reflect the situation and provide necessary information, and shall not refuse or obstruct it.
Article 21 If the environmental protection department at or above the county level violates the provisions of these measures and fails to perform the duties of supervision and management according to law, the people's government at the same level or the environmental protection department at a higher level shall, in accordance with the provisions of Article 67 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste, order it to make corrections, and impose administrative sanctions on the responsible person in charge and other directly responsible personnel according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-second in violation of the provisions of these measures, one of the following acts shall be punished by the environmental protection department at or above the county level according to the provisions of Article 75 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste:
(1) Discarding hazardous chemicals at will;
(2) Failing to declare and register waste hazardous chemicals as required, or practicing fraud when declaring and registering;
(3) Providing or entrusting waste hazardous chemicals to a unit without a hazardous waste business license to engage in business activities of collection, storage, utilization and disposal;
(4) Failing to fill in the joint list of hazardous waste transfer or transferring waste hazardous chemicals without approval;
(five) the identification mark of hazardous waste is not set;
(6) Failing to formulate an emergency plan for environmental emergencies caused by abandoned hazardous chemicals.
Twenty-third in violation of the provisions of these measures, do not dispose of hazardous chemicals or do not bear the cost of disposal, the environmental protection departments at or above the county level shall be punished according to the provisions of Article 76 of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes.
Article 24 Whoever, in violation of the provisions of these measures, has no hazardous waste business license or fails to engage in the activities of collecting, storing, utilizing and disposing of waste hazardous chemicals in accordance with the hazardous waste business license shall be punished by the environmental protection department at or above the county level according to the provisions of Article 77 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste.
Article 25 When a unit producing, storing and using hazardous chemicals changes production, stops production, suspends business or disbands, it shall be ordered by the environmental protection department at or above the county level to make corrections within a time limit and be fined between 654.38+100000 yuan and 30000 yuan:
(a) failing to test the soil and groundwater in the factory area in accordance with the relevant national environmental protection standards and norms;
(two) the environmental risk assessment report has not been prepared and reported to the environmental protection department at or above the county level for the record;
(three) the environmental restoration plan has not been reported to the environmental protection department at or above the county level for environmental restoration;
(four) failing to report the test report after environmental restoration to the environmental protection department at or above the county level for the record.
Twenty-sixth in violation of the provisions of these measures, the waste of dangerous chemicals causes serious environmental pollution, and the environmental protection department at or above the county level shall decide to deal with it within a time limit according to the provisions of Article 81 of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes. If the task of governance is not completed within the time limit, the people's government at the corresponding level shall decide to suspend business or close down.
Those who cause environmental pollution accidents shall be punished in accordance with the provisions of Article 82 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-seventh in violation of the provisions of these measures, refusing or obstructing the on-site inspection by the environmental protection department, the department that performs the on-site inspection shall order it to make corrections within a time limit; Those who refuse to correct or resort to deceit during the inspection shall be punished by the environmental protection department at or above the county level according to the provisions of Article 70 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste.
Twenty-eighth if a party fails to perform the decision on administrative punishment within the time limit, the environmental protection department that made the decision on administrative punishment may take the following measures:
(a) if the fine is not paid at the due date, a fine of 3% of the fine amount shall be imposed on a daily basis;
(two) apply to the people's court for compulsory execution.
Article 29 These Measures shall come into force as of June 1 day, 2005.