Measures for the Administration of Transfer of Hazardous Wastes

Measures for the Administration of Transfer of Hazardous Wastes 危险废物转移管理办法 Order of the Ministry of Ecology and Environment, the Ministry of Public Security and the Ministry of Transport (No. 23) The Measures for the Administration of Transfer of Hazardous Wastes, as deliberated and adopted at the executive meeting of the Ministry of Ecology and Environment on September 18, 2021, and approved by the Ministry of Public Security and the Ministry of Transport, are hereby issued and shall come into force on January 1, 2022. Minister of Ecology and Environment Minister of Public Security Minister of Transport November 30, 2021 Measures for the Administration of Transfer of Hazardous Wastes Chapter I General Provisions Article 1 For the purposes of strengthening the supervision and administration of the transfer of hazardous waste transfer and preventing environmental pollution, these Measures are developed in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Wastes and other relevant laws and regulations. Article 2 These Measures shall apply to the transfer of hazardous wastes within the territory of the People's Republic of China and their supervision and administration thereof. The transfer of hazardous wastes that meet the exemption requirements shall be subject to exemption administration in accordance with relevant provisions issued by the state. These Measures shall not apply to the transfer of hazardous wastes to oceans. Article 3 The transfer of hazardous wastes shall follow the principle of proximity. In case of transfer of hazardous wastes to another province, autonomous region, or municipality directly under the Central Government (“cross-province transfer”) for disposal, the hazardous wastes shall be primarily transferred to the hazardous waste disposal facilities in the adjacent province, autonomous region, or municipality directly under the Central Government, or the province, autonomous region, or municipality directly under the Central Government involved in regional cooperation and the hazardous waste disposal facilities under overall national layout. Article 4 Ecology and environment departments shall supervise and administer the prevention and control of environmental pollution caused by the transfer of hazardous wastes and the operation of duplicate forms for the transfer of hazardous wastes in accordance with the law, and investigate and punish the illegal environmental pollution by hazardous wastes. The transport departments at all levels shall investigate and punish the illegal acts of transporting hazardous wastes in violation of the relevant provisions on the administration of transport of hazardous goods in accordance with the law. Public security organs shall investigate and punish violations of traffic laws by vehicles transporting hazardous wastes in accordance with the law, and crack down on crimes involving environmental pollution by hazardous wastes. Article 5 Ecology and environment departments, transport departments and public security organs shall establish and improve cooperation mechanisms, share the information on duplicate forms for the transfer of hazardous wastes, the dynamic information on the driving trajectories of transport vehicles, and the information on the areas where the passage of vehicles transporting hazardous chemicals are restricted, and strengthen the joint regulation and law enforcement. Article 6 The transfer of hazardous wastes shall be subject to system of duplicate forms for the transfer of hazardous wastes, except as otherwise provided by any law or regulation. The formats and content of duplicate forms for the transfer of hazardous wastes shall be developed separately by the Ministry of Ecology and Environment. Article 7 Where hazardous wastes are to be transferred, electronic duplicate forms for the transfer of hazardous wastes shall be completed and operated through the National Hazardous Waste Information Management System (hereinafter referred to as the “Information System”), and the information on the prevention and control of environmental pollution related to the transfer of hazardous wastes shall be disclosed in accordance with relevant provisions issued by the state. The Ministry of Ecology and Environment shall be responsible for the construction, operation and maintenance of the Information System. Article 8 Whoever transports hazardous wastes shall comply with the provisions on the administration of transport of dangerous goods issued by the state. Without the approval of public security organs, vehicles transporting hazardous wastes are not allowed to enter the areas where the passage of vehicles transporting hazardous wastes is restricted. Chapter II Liabilities of Relevant Parties Article 9 Entities from which hazardous wastes are transferred, hazardous waste carriers and hazardous waste recipients (hereinafter referred to as “entities from which hazardous wastes are transferred, carriers and recipients” respectively) shall, in the process of transferring hazardous wastes, take measures to prevent the scattering, run-off, and seepage of solid wastes, as well as other measures against environmental pollution, and shall not dump, stack, discard, or shed solid wastes without permission, and shall be legally liable for the environmental pollution and ecological damages caused. Entities from which hazardous wastes are transferred, carriers and recipients shall develop environmental emergency precautions and emergency plans in accordance with the law and file them with relevant departments; and when environmental emergencies involving hazardous wastes occur, they shall immediately take effective measures to eliminate or reduce the pollution hazards to the environment, and report to the relevant departments at the places where the accidents occur in accordance with relevant provisions, and be subject to investigation and handling. Article 10 Entities from which hazardous wastes are transferred shall perform the following obligations: (1) Verifying the qualifications and technical capabilities of the carriers or recipients, signing written contracts in accordance with the law, and stipulating in contracts the pollution prevention and control requirements and relevant responsibilities for the transport, storage, utilization and disposal of hazardous wastes. (2) Developing hazardous waste administration plans, and clarifying the information on the types, weight (quantity) and whereabouts of hazardous wastes to be transferred, among others. (3) Establishing the hazardous waste administration ledgers, measuring and weighing the hazardous wastes to be transferred, faithfully and properly keeping the relevant information on the types, weight (quantity) and recipients of hazardous wastes to be transferred, among others. (4) Completing and operating duplicate forms for the transfer of hazardous wastes, and faithfully entering in duplicate forms for the transfer of hazardous wastes the information on entities from which hazardous wastes are transferred, carriers and recipients, the information on the types, weight (quantity) and hazardous characteristics of hazardous wastes to be transferred, among others, and the preventive measures for environmental emergencies, among others. (5) Verifying the information on recipients' storage, utilization or disposal of relevant hazardous wastes. (6) Other obligations as prescribed by laws and regulations. Entities from which hazardous wastes are transferred shall identify hazardous wastes in accordance with the relevant requirements issued by the state. It is prohibited to provide or entrust hazardous wastes to the entities or other manufacturers and distributors which have no hazardous waste business permits for engaging in the collection, storage, utilization and disposal of hazardous wastes in the name of by-products, among others. Article 11 Carriers shall perform the following obligations......