Measures for the Administration of Permit for Operation of Dangerous Wastes (2016 Revision)

Measures for the Administration of Permit for Operation of Dangerous Wastes (2016 Revision) Measures for the Administration of Permit for Operation of Dangerous Wastes (Promulgated by the Order No. 408 of the State Council of the People's Republic of China on May 30, 2004; revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013 for the first time; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016 for the second time) Chapter I General Provisions Article 1 The present Measures are hereby formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes for the purpose of strengthening supervision over and administration on the business activities of collection, storage and disposal of dangerous wastes and preventing the dangerous wastes from polluting the environment. Article 2 Any entity undertaking the business activities of collection, storage and disposal of dangerous wastes within the territory of the People's Republic of China shall obtain the permit for operation of dangerous wastes in accordance with the provisions of the present Measures. Article 3 The permit for operation of dangerous wastes shall be divided into the permit for comprehensive operation of the collection, storage and disposal of dangerous wastes and the permit for operation of the collection of dangerous wastes in light of the ways of business operation. Any entity that has obtained the permit for comprehensive operation of dangerous wastes may undertake the business activities of collection, storage and disposal of various dangerous wastes. Any entity that has obtained the permit for operation of the collection of dangerous wastes may only undertake the business activities of collection of such dangerous wastes as the waste mineral oil produced in the activity of motor vehicle maintenance, and the waste cadmium and nickel batteries produced from the daily life of residents. Article 4 The competent department of environmental protection of the people's government at or above the county level shall be responsible for the work of examination and approval and issuance of as well as supervision over and administration on the permit for operation of dangerous wastes in accordance with the provisions of the present Measures. Chapter II Requirements on the Application for Obtaining Permit for Operation of Dangerous Wastes Article 5 The following requirements shall be met when applying for the permit for comprehensive operation of collection, storage and disposal of dangerous wastes: 1. Having more than 3 technicians, who have the intermediate title of a technical post or above in the major of environmental engineering or the relevant majors, and have experiences of solid waste pollution treatment for more than 3 years; 2. Having conveyances meeting the relevant safety requirements of the competent department of traffic control of the State Council for the dangerous goods transportation; 3. Having packing facilities, facilities and equipment for transfer and temporary keeping, and qualified storage facilities and equipment that have been checked and meet the national or local standards for environmental protection and safety requirements; 4. Having disposal facilities, equipment and matching facilities for pollution prevention and treatment, which conform to the plans of the state or the provinces, autonomous regions, and municipalities directly under the Central Government for the construction of facilities for disposal of dangerous wastes and the national or local standards for environmental protection and safety requirements. Among them, the facilities for centralized disposal of medical wastes shall also correspond with the relevant national health standards and requirements for disposal of medical wastes; 5. Having disposal technology and technics conforming to the class of dangerous wastes they manage; 6. Having regulations and systems that ensure the safety of management of dangerous wastes, pollution prevention and treatment measures and emergency rescue measures for accidents; and 7. In case of disposing dangerous wastes by way of filling and burying, the land use right of the place of filling and burying shall also be obtained according to law. Article 6 The following requirements shall be met when applying for the permit for operation of dangerous wastes collection: 1. Having rain-proofing or seepage-proofing conveyances; 2. Having packing facilities, and facilities and equipment for transfer and temporary keeping, which conform to the national or local standards for environmental protection and safety requirements; and 3. Having regulations and systems that can ensure the safety of the business operation of dangerous wastes, pollution prevention and treatment measures and emergency rescue measures for accidents. Chapter III Procedures of Application for Obtaining the Permit for Operation of Dangerous Wastes Article7 The state shall make examination and approval for and issuance of the permit for operation of dangerous wastes through classification. The permit for operation of an entity undertaking the disposal of medical wastes in a centralized way shall be examined and approved and issued by the competent department of environmental protection of the people's government at the levelof cities divided into districts where the facilities for disposal of medical wastes in a centralized way are located. The permit for operation of dangerous wastes collection shall be examined and approved and issued by the competent department of environmental protection of the people's government at the county level. The permit for operation of dangerous wastes other than those as prescribed inparagraphs 2 and 3 of this Article shall be examined and approved and issued bythe competent departments of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Article 8 An entity applying for obtaining the permit for operation of dangerous wastes shall file an application to the permit issuing organ before undertaking the business activities of dangerous wastes, and shall attach the certificate documents meeting the requirements as prescribed in Article 5 or 6 of the present Measures. Article 9 The permit issuing organ shall, within 20 working days from the date of accepting the application, make examination on the certificate documents submitted by an entity making the application, and make on-site verification on the business facilities of the entity. If the requirements are met, the permit for operation of dangerous wastes shall be issued and announced pu......