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The Regulations of Hebei Province on the Prevention and Control of Environmental Pollution by Solid Waste will come into effect on December 1

2022-10-09View Original

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Recently, the 33rd session of the 13th Hebei Provincial People’s Congress voted to pass the newly revised \"Regulations on the Prevention and Control of Environmental Pollution by Solid Waste in Hebei Province\" (hereinafter referred to as the \"Regulations\"). The Regulations address the weaknesses and shortcomings in the prevention and control of environmental pollution caused by solid waste in Hebei Province, providing a legal framework to promote the reduction, recycling, and harmless treatment of solid waste. The Regulations will come into effect on December 1.   Clear classification determines the principles and requirements for disposal. p> “Preventing environmental pollution caused by solid waste is an important part of the efforts to combat pollution; it has a direct impact on the success of efforts to protect clean skies, clean waters, and healthy soil.” ”Ma Guiwang, deputy director of the Legislative Affairs Committee of the Hebei Provincial People’s Congress, explained that in recent years, although significant, transformative, and comprehensive progress has been made in preventing and controlling environmental pollution caused by solid waste in Hebei Province, there are still shortcomings such as unclear boundaries of responsibilities, uneven capabilities in waste disposal and utilization, particularly a low rate of resource recovery, as well as the need to strengthen oversight throughout the entire process.   In the face of the challenges and complexities associated with preventing and controlling environmental pollution caused by solid waste, Hebei Province adopts a problem-oriented and goal-oriented approach. By amending relevant regulations, it enhances the systematicness, relevance, and practicality of its legislation, thereby providing a legal framework to improve the province’s capacity and standards for preventing and controlling environmental pollution caused by solid waste.   The reporter observed that the Regulations consist of 9 chapters and 75 articles, with dedicated sections outlining requirements for the disposal and utilization of industrial solid waste, household waste, construction waste, agricultural solid waste, and hazardous waste. It is specified that in order to prevent environmental pollution caused by solid waste, the principles of reduction, resource utilization, and harmlessness should be adhered to, as well as the principle of holding those responsible for pollution accountable.   Regarding industrial solid waste, the Regulations stipulate that entities that generate such waste must obtain a pollution discharge permit in accordance with the law and comply with the relevant provisions regarding pollution discharge permit management ; A comprehensive responsibility system for preventing and controlling environmental pollution throughout the entire process should be established, and measures should be taken to prevent industrial solid waste from polluting the environment.   Regarding household waste, the Regulations stipulate that the sorting of household waste should adhere to the principles of **promotion, public participation, integrated urban-rural management, adaptation to local conditions, and simplicity. Enterprises and other producers and operators are encouraged to carry out paid and incentive-based recycling of hazardous waste. Units that generate or collect kitchen waste, as well as other producers and operators, shall deliver such waste to entities with the appropriate qualifications for its harmless treatment. Food waste should be transported using sealed, dedicated vehicles.   Regarding construction waste and agricultural solid waste, the Regulations propose that construction waste that is accumulated in large quantities and in concentrated areas can be comprehensively utilized and ecologically restored through methods such as creating landscapes from piles of waste and building parks. Support and promote the utilization of straw for energy production, as feed, fertilizer, substrate, or raw material. Encourage and assist the development of large-scale livestock farming, and guide relevant organizations and individuals to handle livestock manure through methods such as returning it to the fields, producing biogas from it, and manufacturing organic fertilizers.   Under the routine COVID-19 prevention and control measures, how to improve the disposal of medical waste has become a focus of public concern.   The Regulations stipulate that there should be a rational layout of facilities for the classified collection, storage, and centralized disposal of medical waste. In rural areas or remote regions where conditions for the centralized disposal of medical waste do not exist, temporary facilities for handling medical waste as well as mobile facilities for its disposal should be established. Medical and health institutions shall classify and collect medical waste in accordance with the law, and hand it over to centralized medical waste treatment facilities for disposal, following the principle of centralized disposal in close proximity.   Regarding hazardous waste, the Regulations stipulate that the transfer of hazardous waste should follow the principle of proximity. At the same time, the Regulations specify a number of prohibitive provisions, such as prohibiting activities related to the collection, storage, utilization, and disposal of hazardous waste without a license or in violation of the requirements set out in such a license. It is prohibited to provide or entrust hazardous waste to units or other producers and operators without licenses for activities related to collection, storage, utilization, and disposal. Any entity or individual is prohibited from accepting illegally transferred hazardous waste.   Improve full-process supervision of the oversight system. To address the issue of unclear responsibility boundaries in the supervision and management of solid waste, the Regulations include a dedicated chapter on \"supervision and management\" to further refine this system.   The Regulations clearly state that people’s governments at all levels are responsible for preventing and controlling environmental pollution caused by solid waste within their respective administrative regions, and must establish and improve mechanisms for such prevention and control. Establish an information platform for the prevention and control of environmental pollution caused by solid waste, improve the statistical system for solid waste, and integrate information on various types of solid waste. Supervision and inspection can be carried out through on-site inspections or off-site inspections; off-site inspections can be conducted using methods such as drone surveillance and remote monitoring. Establish a credit record system for entities that generate, collect, store, transport, utilize, or dispose of solid waste, as well as other producers and business operators. In addition, environmental supervision efforts are to be strengthened; in areas where major or particularly severe sudden solid waste pollution incidents occur, talks will be held with the local party leaders and the key officials in the relevant departments.   On the basis of improving the supervision and management system, the Regulations also specify the requirements for full-process supervision of solid waste. For example, promoting full-process monitoring and digital tracking of solid waste collection, transfer, and disposal ; Units that generate industrial solid waste shall establish and improve a responsibility system for preventing environmental pollution throughout the entire process of generating, collecting, storing, transporting, utilizing, and disposing of such waste, as well as maintain records for the management of industrial solid waste ; Strengthen supervision and management over the entire process of household waste sweeping, collection, transportation, and disposal ; Establish a comprehensive management system for construction waste throughout its entire lifecycle ; Strengthen online monitoring of the entire process of hazardous waste generation, transfer, utilization, and disposal.   “The introduction of these regulations further strengthens supervision throughout the entire process, clarifying the regulatory responsibilities of various departments, the local authorities’ responsibilities related to their jurisdiction, as well as the primary responsibilities of enterprises. We will actively work to ensure that responsibilities for preventing and controlling solid waste pollution are fulfilled by all relevant parties. ”Wang Xiaochen, a second-level inspector at the Hebei Provincial Department of Ecology and Environment, said that on the one hand, environmental protection agencies must carry out their responsibilities for unified supervision, strengthen environmental oversight across the entire chain of solid waste – particularly hazardous waste – from generation to collection, storage, transfer, utilization, and disposal, as well as manage environmental risks associated with toxic and harmful chemicals throughout their life cycle. Strict law enforcement is necessary, along with enhanced supervision of such enforcement efforts. On the other hand, it is necessary to supervise local authorities to fulfill their responsibilities at the local level, strengthen close cooperation with relevant provincial departments, effectively enhance joint supervision capabilities, continuously improve the supervision system for solid waste throughout its entire lifecycle, and boost the ability to carry out joint prevention, control, and management.   Establish legal responsibilities to reinforce strict constraints. The Regulations include a dedicated chapter on \"legal responsibilities\" to strengthen accountability, with provisions for imposing penalties on both enterprises and individuals responsible ; Liable for compensation for damages caused by environmental pollution ; For acts constituting a crime, criminal liability shall be pursued in accordance with the law to strengthen mandatory constraints.   Article 71 of the Regulations explicitly states that “any entity engaging in operations involving the collection, storage, utilization, or disposal of hazardous waste without a permit shall be ordered by the ecological environment authorities to make corrections, and shall be fined not less than 1 million yuan but not more than 5 million yuan. Furthermore, upon approval by the people’s government with the authority to approve, such entity shall be ordered to cease operations or be closed down.” ; For the legal representative, principal responsible person, directly responsible supervisors, and other liable persons, a fine of not less than 100,000 yuan but not more than 1,000,000 yuan shall be imposed. ”  Article 74 of the Regulations stipulates that \"where solid waste pollutes the environment and damages the ecosystem, causing significant losses to **, the people’s government at or above the city level with districts, or the departments and agencies designated by it, shall organize consultations with the units responsible for the environmental pollution and ecological damage as well as other producers and operators, requiring them to assume liability for compensation for the damages\" ; If no agreement is reached through consultation, a lawsuit can be filed with the people’s court. ”  “Taking the introduction of the Regulations as an opportunity, we will actively build a new system for preventing and controlling solid waste pollution and improve relevant mechanisms. ”Wang Xiaochen said that in the next step, Hebei Province will accelerate the development of a dynamic information platform for solid waste across the province, improve the statistics system related to solid waste, and enhance the capacity for its disposal. Taking the development of “waste-free cities” as a key measure, we will steadily advance the construction of municipal solid waste incineration facilities, promote the comprehensive utilization of construction waste and straw, foster the recycling of industrial solid waste, and strengthen environmental supervision over hazardous waste, thereby continuously enhancing our capacity for the comprehensive utilization and disposal of solid waste.

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