China’s Ministry of Ecology and Environment released the “Measures on Environmental Management of Hazardous Waste Transfer (revised draft)” on October 23, 2020. The deadline for collecting comments is November 22, 2020. The Measures regulate the transfer of hazardous waste and its management and supervision in China. The main amendments made in conjunction with the revision of “Law of the People’s Republic of China on Prevention and Control of Pollution by Solid Waste” are as follows.
[Reference Information] (Article 124 of the Law of the People’s Republic of China on Prevention and Control of Pollution by Solid Waste)
Hazardous waste is refer to solid waste that has been added to the National Hazardous Waste List or is identified as hazardous according to national hazardous waste identification standards and methods.
The change for name
Because of the addition of responsibilities and requirements at each stage from transport to acceptance, the name was changed from the current law, “Measures on Management of Hazardous Wastes Transfer Manifests” to “Measures on Environmental Management of Hazardous Waste Transfer “.
Clarification of the responsibilities of each party related to the transfer of hazardous waste
The general responsibilities of the removers, consigners, carriers and receivers of hazardous waste were clearly defined.
Comply with the principle that waste generator has the primary responsibility, the remover has the fiduciary responsibility for hazardous waste in accordance with regulation, and the responsibility to fill in the transfer sheet correctly, to check regularly, to record the transfer correctly , to report, and etc..
Clarification of the approval principle for inter-province transfer of hazardous waste
With the exception for special hazardous waste treatment facilities and regional affiliated hazardous waste treatment facilities, trans-provincial transfer and treatment of hazardous waste is generally discouraged in principal.
Clarification of procedures and time limit for the approval of inter-province transfers of hazardous waste
The approval procedures and time limit for inter-province transfers were specified. For example, the department of ecological and environmental of the export place must issued a approval opinion within 10 working days.
Promote the use of electronic manifests for hazardous waste
For the transfer of hazardous waste, it was stipulated that the electronic manifest shall be used in the Hazardous Waste Information Management System.
It also revised that the transfer of multiple types of hazardous waste from the same operator using same vehicle/vessel can be carried out by a single manifest (current law require that, for each type of waste a manifest must be filled).
Addition for provisions for penalties
A provision has been added that the remover of hazardous waste and the carrier who caused environmental pollution and ecological destruction has to take the joint responsibility.
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