China Amends its Prevention and Control of Environmental Pollution by Solid Wastes Law

The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes (2020 Amendment) has been revised and adopted at the 17th meeting of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China on April 29, 2020. and came into effect on September 1, 2020.

Compared with the previous version of this law, the main changes are as follows:

General Solid Waste Management

1. Instead of being lead by the local environmental protection department, construction employers shall independently conduct acceptance inspections of facilities for the prevention and control of pollution by solid waste. (Reference: Article 18 of the law)
2. Additional requirements for inter-provincial transfer of solid waste utilization shall be reported to the competent ecological and environmental authorities for the record. (Reference: Article 22 of the law)
3. Added the establishment of ledgers to realize the requirements of traceability and query ability of solid waste, and refined the requirements for the establishment and improvement of the whole process management system from solid waste generation to disposal. (Reference: Article 36 of the law)
4. Added the requirement of entrusting others to transport, utilize and dispose of industrial solid waste, the principal qualifications and technical capabilities of the entrusted party shall be verified and a written contract shall be signed, otherwise joint liability shall be assumed. (Reference: Article 37 of the law)
5. Added the requirement that units producing industrial solid waste should implement cleaner production audits according to law. (Reference: Article 38 of the law)
6. Added the requirement to include industrial solid waste in the pollution discharge permit system for supervision. (Reference: Article 39 of the law)
7. Added requirements for the classification and placement of domestic waste. (Reference: Article 48 of the law)

Management of Hazardous Wastes

1. New requirements for hazardous waste generating units to establish a hazardous waste management ledger. (Reference: Article 78 of the law)
2. It is clarified that units engaged in the business activities of collecting, storing, utilizing, and disposing of hazardous wastes shall not store hazardous wastes for more than one year, and those who really need to extend the storage period shall request approval. (Reference: Article 81 of the law)
3. Clarified the requirements for filling in and operating hazardous waste electronic or paper transfer forms for transferring hazardous waste. (Reference: Article 82 of the law)
4. New units for collecting, storing, transporting, utilizing and disposing of hazardous wastes shall be insured for environmental pollution liability insurance. (Reference: Article 99 of the law)

Legal Liability

1. New consultation system for compensation of solid waste ecological environment damage. (Reference: Article 122 of the law)
2. In addition to the corresponding penalties for the new content, the penalties have been generally increased, and law enforcement measures such as Continuous penalties on a daily date, administrative detention and seizure have been increased.

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