The Law on the Prevention and Control of Environmental Pollution by Solid Waste is undergoing a major revision, with members of the Standing Committee of the National People’s Congress submitting their comments and suggestions.

　The draft amendment to the Law on the Prevention and Control of Environmental Pollution by Solid Waste was submitted for its first review by the Standing Committee of the National People’s Congress on the 25th.

　　Minister of Ecology and Environment Li Ganjie, while presenting the draft to the Eleventh Meeting of the Standing Committee of the 13th National People’s Congress, explained that the current Law on the Prevention and Control of Environmental Pollution by Solid Waste was enacted in 1995, underwent its first amendment in 2004, and saw specific provisions revised in 2013, 2015, and 2016.

　　Li Ganjie stated that, in 2017, the Standing Committee of the National People’s Congress conducted an enforcement inspection and concluded that the Law on the Prevention and Control of Environmental Pollution by Solid Waste has played a vital role in curbing such pollution, safeguarding public health, and upholding ecological security. However, certain institutional provisions under the law are no longer well-suited to the current evolving circumstances and new tasks in solid waste pollution prevention and control. For instance, mechanisms such as pollutant discharge permitting and administrative sealing or seizure require timely supplementation and refinement; systems and measures related to hazardous waste management, the prevention and control of agricultural waste pollution, and the disposal of rural domestic waste need further clarification and improvement; and relevant legal liabilities remain to be strengthened. Accordingly, he recommended promptly initiating the revision process of the Law on the Prevention and Control of Environmental Pollution by Solid Waste.

　　The current Law on the Prevention and Control of Environmental Pollution by Solid Waste comprises six chapters and ninety-one articles, while the draft amendment consists of nine chapters and one hundred and nine articles. The draft primarily revises the following provisions: it refines the supervisory and administrative system for preventing and controlling environmental pollution caused by solid waste—such as establishing a credit‑recording system for such pollution and supplementing and improving measures for sealing and impounding—and strengthens the regime for preventing and controlling environmental pollution from industrial solid waste—for example, by reinforcing the responsibilities of producers of industrial solid waste, requiring them to establish and improve a comprehensive, end-to-end responsibility system for pollution prevention and control, maintain records of solid‑waste management, and verify the legal status and technical capabilities of any third party entrusted with the transportation, utilization, or disposal of such waste.

　　The draft stipulates the improvement of systems for preventing and controlling environmental pollution caused by municipal solid waste, such as the implementation of a municipal waste‑sorting system, and calls for accelerating the establishment of a comprehensive waste‑management framework encompassing sorted disposal, collection, transportation, and treatment, thereby ensuring effective coverage of the waste‑sorting regime. It also seeks to refine regulations on the prevention and control of environmental pollution from other solid wastes, including enhanced measures for managing agricultural solid waste—such as crop residues, discarded agricultural plastic mulch, and livestock and poultry manure—as well as extended producer responsibility, the regulation of single‑use plastic products like plastic bags, and the treatment and disposal of sewage sludge. Furthermore, it strengthens efforts to prevent and control environmental pollution from hazardous waste, for example, by tightening oversight of interprovincial transfers of such waste.

　　The draft stipulates strict legal liabilities for unlawful acts such as unauthorized dumping, piling up, discarding, or scattering industrial solid waste, as well as unauthorized dumping or piling up of hazardous waste. It introduces provisions for daily continuous penalties and adds detention as a punitive measure for violations such as the unauthorized transfer of hazardous waste without approval.

　　Members of the Standing Committee of the National People’s Congress put forward suggestions and opinions on issues such as the household waste sorting system and the disposal of hazardous waste.

　　Committee member Tam Yiu-chung stated that charging for municipal solid waste management is an international trend. The draft amendment proposes establishing a fee‑based system for such services; however, any charges must take into account both feasibility and residents’ habits. To be truly effective, the policy on levying fees for municipal solid waste must be accompanied by appropriate supporting measures. At the same time, he expressed hope that future laws and regulations will incorporate incentive mechanisms. Only by pursuing multiple approaches in tandem can the law be implemented effectively.

　　Some participants suggested designating final disposal facilities for hazardous waste—particularly those handling medical solid waste and solid waste from hazardous chemicals—as essential urban infrastructure, bringing them under the purview of local governments’ construction responsibilities. At the same time, they recommended moderately relaxing the准入 requirements for hazardous waste disposal enterprises, fostering greater market competition, and significantly enhancing the capacity for hazardous waste treatment.

　　Committee member Bai Chunli proposed strengthening scientific and technological innovation to support the prevention and control of solid waste pollution and the promotion of resource recovery. Resource utilization of solid waste has become a key approach to addressing solid waste‑related environmental challenges. China should further intensify its encouragement and support for economically viable and safely feasible methods of solid waste resource recovery, thereby fostering the development of the solid waste pollution prevention and resource‑utilization industry and advancing the establishment of a number of major green technology systems for solid waste management.

　　Committee member Zheng Gongcheng also recommended paying close attention to the utilization of solid waste, calling for clear definitions of responsibilities, methods, and policy support for such utilization, and encouraging the participation of social organizations and market entities.

Source: Xinhua News Agency Author: Gao Jing Editor: xwbj3