Hazardous waste and solid waste – a single character difference makes a huge difference!

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In order to extract valuable metals such as copper, tin, and nickel from metal waste streams and turn it into a profit, over the past few years Fangyue Company in Daojiao Town, Dongguan City, has carried out large-scale recycling and processing of metal waste streams locally for the extraction of such metals. However, it treated the large amounts of toxic hazardous waste generated as ordinary solid waste, piling them up in the factory for long periods of time. This not only polluted the ecological environment but also posed a threat to the health of the local residents. At the end of 2015, Wei, the owner of Fangyue Enterprise, became a defendant in the Dongguan First People’s Court due to the aforementioned actions. The prosecution argues that Fangyue Company’s actions violated Article 1 of the \"Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Crimes of Environmental Pollution\", which stipulates that discharging, dumping, or disposing of more than three tons of hazardous substances in an illegal manner constitutes \"severe environmental pollution\", and such acts should be subject to conviction and punishment under the crime of environmental pollution. Wei was sentenced to ten months in prison and a fine of 10,000 yuan. Wei admitted guilt in court, and what awaits him now is the proper punishment prescribed by law. It is well known that improper disposal of hazardous waste can have serious effects on the environment. Since the relevant judicial interpretations were issued by the Supreme People’s Court and the Supreme People’s Procuratorate, many waste-producing enterprises in China have proactively strengthened their regular communication with local environmental protection agencies, solid waste testing and inspection institutions, as well as specialized treatment organizations. They collect relevant information in a timely manner and increase their efforts to address this issue. However, we have found that in practice, many companies remain very cautious when discussing matters related to the management of hazardous waste; they are also only semi-comprehensive regarding the difference between hazardous waste and ordinary solid waste. Many even worry that they might be held accountable for improper disposal without realizing it. In response to concerns about waste-producing enterprises, we specifically reviewed the Solid Waste Pollution Prevention and Control Law. According to the relevant provisions of this law, hazardous waste refers to solid waste that is listed in the Catalogue, or that is identified as having hazardous characteristics in accordance with the established criteria and methods for identifying hazardous waste. In practice, when determining whether the substances discharged, dumped, or disposed of by enterprises constitute hazardous waste, environmental protection authorities first check whether such substances are listed in the **Catalogue** to see if they fall under the substances specified therein. If the substance is not listed in the catalogue, then they use the **standards and methods for identifying hazardous waste** to determine whether it possesses hazardous characteristics, while also determining whether it qualifies as solid waste. As for hazardous waste and solid waste, although there is only a single character difference between the two in terms of wording, the actual processes for identifying and handling them differ greatly! We understand that for ordinary solid waste, companies can store, transport, and dispose of it on their own in accordance with the law, after providing relevant information to the local environmental protection authorities ； Once it is identified as hazardous waste, the company must hand it over to an institution with the appropriate qualifications to carry out harmless treatment ； Furthermore, the penalties imposed on companies for illegally disposing of hazardous waste and ordinary solid waste are also different, as separate legal provisions apply to each type. In practice, the issue of defining hazardous waste is what troubles many waste generators the most. Some experts have pointed out that since the current List was compiled primarily based on the sources of hazardous waste and the industries to which they belong, using relatively broad definitions, some solid wastes that do not possess hazardous properties are often mistakenly classified as \"hazardous waste\", which causes concern among enterprises. **The International Exchange and Foreign Enterprises Committee of the Petrochemical Federation established a special task force on solid waste to conduct research on this issue. One case documented by the task force actually supports the claims made by the companies: in a domestic coating manufacturer, flocculated resins are often generated as a by-product of wastewater treatment; based on their source and industry, these substances are classified as hazardous waste, but in Europe and the United States they are considered ordinary solid waste. The company commissioned a qualified institution to conduct tests, and the results showed that it did not possess the hazardous characteristics described in the \"Criteria for Identifying Hazardous Wastes – General Principles\" (hereinafter referred to as the \"General Principles\"). However, according to the General Principles, any waste listed in the Catalogue is considered hazardous waste, and thus no identification of hazardous characteristics is required ； Only solid wastes marked with an asterisk can be re-evaluated; since such solid wastes do not have an asterisk in the List, the local solid waste center refuses to carry out a re-evaluation. Of course, identifying solid waste is not a smooth process either. According to members of the solid waste assessment team, the identification processes and relevant regulations in various regions of China are not yet thorough or transparent enough, which poses certain difficulties in the actual assessment of solid waste. It takes at least half a year, and sometimes even over a year, to complete one such assessment process. Some law-abiding enterprises will not or dare not handle hazardous waste in an exploitative manner, resulting in the failure to effectively recycle some valuable hazardous waste. On the other hand, the blurred boundary between hazardous waste and solid waste means that waste generators have to bear higher costs for pollution control. When it is not possible to determine whether the waste generated is hazardous or solid waste, in order to avoid potential legal violations, it is best for waste generators to handle such waste in accordance with the requirements for dealing with hazardous waste. So, what are the special requirements for handling hazardous waste compared to ordinary solid waste? I checked the knowledge database on solid waste and found that there is no need for any special qualifications to dispose of general industrial solid waste, nor is strict classification required for such disposal ； Hazardous waste must not be stored together with non-hazardous waste. The collection and storage of hazardous waste should be carried out in accordance with the characteristics of such waste; it is prohibited to collect, store, transport, or dispose of hazardous waste with incompatible properties without carrying out appropriate safety measures. The storage of hazardous waste must involve protective measures that meet **environmental protection standards, and shall not exceed one year ； If an extension is truly necessary, it must be approved by the environmental protection administrative department that originally issued the business license ； Unless otherwise provided by laws or administrative regulations. Units and individuals that collect, store, transport, utilize, or dispose of solid waste must take measures to prevent dispersion, loss, leakage, or other forms of environmental pollution ； Solid waste shall not be dumped, piled up, discarded, or scattered without permission. In addition, entities engaged in the collection, storage, and disposal of hazardous waste must apply to the environmental protection administrative department at or above the county level for a business license ； Units engaged in activities involving the use of hazardous waste must apply to the environmental protection administrative department under the State Council, or to the environmental protection administrative departments of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government, for a business license. The specific administrative measures shall be stipulated by the State Council. Our country’s laws also explicitly prohibit any activities related to the collection, storage, utilization, or disposal of hazardous waste without a business license, or in a manner that does not comply with the requirements set out in such a license.