Administrative Measures for the Prevention and Control of Environmental Pollution by Electronic Waste

Administrative Measures for the Prevention and Control of Environmental Pollution by Electronic Waste Order of the State Environmental Protection Administration (No.40) The Administrative Measures for the Prevention and Control of Environmental Pollution by Electronic Waste, which were adopted at the third executive meeting of 2007 of the State Environmental Protection Administration on September 7, 2007, are hereby promulgated and shall come into force as of February 1, 2008. Director of the State Environmental Protection Administration: Zhou Shengxian September 27, 2007 Administrative Measures for the Prevention and Control of Environmental Pollution by Electronic Waste Chapter I General Provisions Article 1 These Measures are enacted according to the Law on the Prevention and Control of Environmental Pollution by Solid Waste for the purpose of preventing and controlling the environmental pollution by electronic waste and strengthening the environmental administration of electronic waste. Article 2 These Measures shall be applicable to the prevention and control of environmental pollution by the dismantling, utilization and disposal of electronic waste within the territory of the People's Republic of China. The prevention and control of environmental pollution by the production and storage of electronic waste shall also be governed by these Measures, unless it is otherwise prescribed by any law or administrative regulation. The prevention and control of environmental pollution by the activities in connection with electronic dangerous waste shall be governed by the provisions on the administration of dangerous waster as prescribed in the Law on the Prevention and Control of Environmental Pollution by Solid Waste. Article 3 The State Environmental Protection Administration shall supervise and administer the prevention and control of environmental pollution by electronic waste across the country. The environmental protection administrative department under the local people's government at or above the county level shall supervise and administer the prevention and control of environmental pollution by electronic waste within its own administrative area. Article 4 Any entity or individual shall be obliged to environmental protection, and also have the right to accuse and complain those entities and individuals that cause the environmental pollution by electronic waste. Chapter II Supervision and Administration of Dismantling, Utilization and Disposal Article 5 To newly build, rebuild or expand a project for dismantling, utilization and disposal of electronic waste, the construction entity (including the individual industrial and commercial household) shall, according to the relevant provisions of the state, submit an environmental impact report or an environmental impact report form (hereinafter referred to as the “environmental impact assessment document”) to the environmental protection administrative department under the local people's government at or above the municipal level for approval. The “environmental impact assessment document” prescribed in the preceding paragraph shall contain: 1. An introduction of the construction project; 2. Whether the contraction project has been incorporated into the local construction planning on the facilities for dismantling, utilization and disposal of electronic waste; 3. Whether the selected technology and technical route conform to the industrial policy of the state and the environmental protection technical criteria and management requirements for dismantling, utilization and disposal of electronic waste, and whether they are suitable for the type of electronic waste that is dismantled, utilized and disposed of; 4. An analysis and prediction of the environmental impact that may be caused by the construction project; 5. The measures for environmental protection, as well as a technical and economical demonstration; 6. The program for carrying out the environmental monitoring over the construction project; 7. The program for properly utilizing or disposing of the electronic waste and other solid waste or liquid waste that can not be completely dismantled, utilized or disposed of by the present project; and 8. The assessment conclusion about the environmental impact. Article 6 After a construction project is completed, the construction entity (including the individual industrial and commercial household) shall apply to the environmental protection administrative department that has examined and approved the environmental impact assessment document on the construction project for check and acceptance of the environmental protection measures that shall be adopted for the construction project. The check and acceptance of the environmental protection measures prescribed in the preceding paragraph shall include: 1. Whether the supporting environmental protection facilities have been completed; 2. Whether there is a technical staff with relevant professional qualifications, as well as the training systems and plans for the management staff and the operating staff; 3. Whether the bookkeeping system for business operations concerning electronic waste has been established; 4. Whether the daily environmental monitoring system has been established; 5. Whether the program for properly utilizing or disposing of the electronic waste and other solid waste or liquid waste that can not be completely dismantled, utilized or disposed of has been implemented; 6. Whether there are the category, package, vehicle and other collection equipment suitable for the electronic waste that is disposed of; and 7. Whether there is a contingency mechanism for preventing abrupt environmental pollution accidents caused by fire, blasting or chemical leak. Article 7 The environmental protection administrative department under the people's government at or above the county level that is responsible for examining and approving the environmental impact assessment documents shall timely incorporate those entities (including individual industrial and commercial households) that meet the following conditions into the provisional list of entities (including individual industrial and commercial households) for dismantling, utilization and disposal of electronic waste, and make public the aforesaid list: 1. Having gone through the formalities for industrial and commercial registration, and having obtained the business license; and 2. The environmental protection measures for the construction project have been checked and accepted by the environmental protection administrative department. The environmental protection administrative department under the people's government at or above the county level that is responsible for examining and approving the environmental impact assessment documents shall incorporate those entities (including individual industrial and commercial households), which have not committed the following illegal acts in violation of any law or regulation on environmental protection or these Measures two or more times within the latest three years and have been incorporated into the provisional list, into the list of entities (including individual industrial and commercial households) for dismantling, utilization and disposal of electronic waste, and publicize and regularly adjust the aforesaid list: 1. Discharging pollutants by exceeding national or local standards for discharging pollutants; 2. Randomly dumping and piling up the generated solid waste or liquid waste; 3. Providing or entrusting the electronic waste that has not been completely dismantled, utilized and disposed of to the entities or individuals other than those entities (including individual industrial and commercial households) for dismantling, utilization and disposal of electronic waste that have been incorporated into the list and have the corresponding business scope for carrying out the dismantling, utilization and disposal; or 4. Making falsehood in the environmental monitoring data or the records on business operation. Where an entity (including the individual industrial and commercial household) has committed any of the illegal acts mentioned in Paragraph 2 of this Article in violation of any law or regulation on environmental protection or these Measures for two or more times within the latest three years, any enterprise or any individual industrial and commercial household for dismantling, utilization and disposal of electronic waste that has been newly established by its legal representative or individual industrial and commercial operator shall not be incorporated into the list. The list (including provisional list) shall state the name, legal representative or individual industrial and commercial operator, domicile and business scope of each entity (including the individual industrial and commercial househol......