SMM8 March 21: since the reform and opening up, China's non-ferrous metals industry has developed rapidly, and the industrial scale has jumped to the first in the world. Non-ferrous metals consume a lot of mineral resources, energy and water resources in the production process, resulting in a large amount of solid waste, waste water and waste gas. There is still a gap between the level of resource utilization technology and harmless advanced treatment technology and the international advanced level, and the utilization rate of solid waste is about 13%.
In order to protect and improve the ecological environment, prevent and control environmental pollution by solid waste, protect public health, maintain ecological security, promote the construction of ecological civilization, and promote sustainable economic and social development, in April this year, the 17th session of the standing Committee of the 13th National people's Congress revised the Law on the Prevention and Control of Environmental pollution by solid waste for the second time. The revised solid waste Law clearly proposes to prevent secondary pollution in the process of comprehensive utilization of solid waste and products, and to ensure the "harmlessness" of the "resource" process and products.
The process of amending the Law on the Prevention and Control of Environmental pollution by solid waste
The Law on the Prevention and Control of Environmental pollution by solid waste was enacted in 1995 and has been amended twice and three times since then. The new solid waste Law will come into force on September 1, 2020.
Adopted at the 16th meeting of the standing Committee of the eighth National people's Congress on October 30, 1995
Revised for the first time at the 13th meeting of the standing Committee of the Tenth National people's Congress on December 29, 2004
It was amended for the first time in accordance with the decision on amending 12 laws, including the Law of the people's Republic of China on the Protection of Cultural relics, at the third meeting of the standing Committee of the 12th National people's Congress on June 29, 2013.
It was amended for the second time in accordance with the decision on amending the Port Law of the people's Republic of China and other seven laws of the 14th meeting of the standing Committee of the 12th National people's Congress on April 24, 2015.
It was amended for the third time in accordance with the decision on amending 12 laws, including the Foreign Trade Law of the people's Republic of China, at the 24th meeting of the standing Committee of the 12th National people's Congress on November 7, 2016.
The second revision of the 17th meeting of the standing Committee of the 13th National people's Congress on April 29, 2020
The frame structure of the Law on Prevention and Control of Environmental pollution by solid waste
The solid waste Law consists of 126 articles in 9 chapters, with an increase of 41 articles and changes of 65 articles compared with the original law; adding chapters on "safeguard measures"; deleting inapplicable clauses or words; adjusting the structure of provisions; expanding management content and establishing a new management system; increase the types of fines, increase the intensity of penalties, and increase the amount of penalties.
Major amendments to the new solid waste Law
First, it is clear that the prevention and control of environmental pollution by solid waste shall adhere to the principles of reduction, resource utilization and innocuity.
Second, strengthen the supervision and management responsibilities of the government and its relevant departments. Make clear the target responsibility system, credit record, joint prevention and control, whole process monitoring and information traceability system, and make it clear that the country will gradually achieve zero import of solid waste.
Third, improve the system for the prevention and control of environmental pollution by industrial solid waste. Strengthen the responsibility of the producer, increase the discharge permit, comprehensive utilization evaluation of resources, management account (recording the type, quantity, flow direction, storage, utilization, disposal and other information of solid waste, the recorded information can realize the system of traceability and inquiry of industrial solid waste.
Fourth, improve the system of prevention and control of environmental pollution caused by domestic waste. It is clear that the country implements the classification system of domestic waste and establishes the principle of classification of domestic waste. We will coordinate urban and rural areas and strengthen the prevention and control of environmental pollution caused by rural domestic waste. It is stipulated that local governments may formulate specific measures for the management of domestic waste in the light of actual conditions.
Fifth, improve the prevention and control system of environmental pollution such as construction waste and agricultural solid waste. Establish a classified treatment of construction waste, the whole process management system. We will improve the system for the prevention and control of environmental pollution by agricultural solid wastes such as straw, waste agricultural film and livestock and poultry manure. It is clear that the state establishes an extension system of producer responsibility for products such as electrical appliances and electronics, lead-acid batteries, vehicle power batteries and so on. Strengthen the control of excessive packaging and plastic pollution. Clarify the basic requirements of sludge treatment, laboratory solid waste management and so on.
Sixth, improve the system for the prevention and control of environmental pollution by hazardous wastes. Stipulate the classified and classified management of hazardous waste, the information supervision system, the construction of regional centralized disposal facilities, and so on. Strengthen the management of inter-provincial transfer of hazardous waste, manage and share transfer data and information through information means, stipulate electronic transfer orders, and make it clear that hazardous waste transfer management should be controlled throughout the process and improve efficiency.
Seventh, improve the guarantee mechanism. Add the chapter of safeguard measures, from the aspects of land use, construction of facilities and sites, economic and technological policies and measures, training and guidance of employees, industrial specialization and large-scale development, technological progress in pollution prevention and control, government funding arrangements, environmental pollution liability insurance, participation of social forces, tax concessions and other aspects to ensure the prevention and control of solid waste pollution.
8. Strict legal liability. The legal liability of the new "solid waste Law" has increased from 21 to 23, increasing the types of penalties and the amount of fines, fully reflecting the "strict control of the source, strict control of the process and severe punishment of the consequences". For those who dump, pile, discard or scatter sludge and treated sludge from urban sewage treatment facilities without authorization, engage in the collection, storage, utilization and disposal of hazardous waste without license, and import foreign solid waste into China or transfer hazardous waste through China, the maximum penalty shall be 5 million yuan. The competent department of ecological environment shall seal up and detain those that may cause the loss, concealment or illegal transfer of evidence, or that may cause or may cause serious environmental pollution, and may impose daily or double penalties (Article 27). With the approval of the people's governments at all levels with the power of examination and approval, suspension of work, suspension of production and closure of enterprises may be implemented.
"(authorized to issue) Law of the people's Republic of China on the Prevention and Control of Environmental pollution by solid waste
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