The new Solid Waste Law takes effect on September 1, with fines of up to RMB 5 million.

Release Date:

2020-08-17

Regulations governing the chemical industry are becoming increasingly stringent, and the operating space for those in the sector is steadily shrinking. The imminent establishment of “chemical‑free zones” reflects an effort to upgrade chemical park infrastructure, yet it has also sparked concerns about the phasing out of less compliant facilities. Furthermore, starting September 1, the newly revised Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste (hereinafter referred to as the New Solid Waste Law) will come into effect. The new law takes punitive measures against environmental violations to unprecedented levels, with fines for many infractions set at ten times the amounts under the current legislation. Previously, due to relatively lenient penalties, many companies opted to pay fines in exchange for temporary production stability, leading over time to severe pollution. By imposing stricter sanctions—raising the maximum fine for violations of key provisions to RMB 5 million—and enforcing rigorous compliance standards, the New Solid Waste Law aims to reduce the occurrence of pollution incidents and fundamentally advance overall environmental protection.

Table of Penalties under the New Solid Waste Law

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New penalty provisions added to the revised Law on the Prevention and Control of Solid Waste

Another manifestation of the principle of “strict punishment and heavy penalties” is that, for certain environmental violations, in addition to imposing administrative sanctions on the enterprise itself, corresponding penalties are also imposed on the enterprise’s responsible persons. The new Law on the Prevention and Control of Solid Waste is currently the environmental law that most extensively applies the “dual‑penalty system.” Furthermore, the new law introduces provisions for imposing administrative detention on those directly responsible within an enterprise. Therefore, a thorough understanding of the new Law on the Prevention and Control of Solid Waste not only helps enterprises identify the “red lines” that must never be crossed in their production and operations, but also enables them to formulate more scientifically sound development strategies and establish robust internal environmental management systems.

Failure to affix labels to hazardous waste will incur a hefty fine of RMB 100,000 to 1 million!

Article 77 of the new Law on the Prevention and Control of Solid Waste stipulates that containers and packaging for hazardous waste, as well as facilities and sites used for the collection, storage, transportation, utilization, and disposal of hazardous waste, shall be marked with hazardous waste identification signs in accordance with applicable regulations.

Article 112: Any person who, in violation of the provisions of this Law, engages in any of the following acts shall be ordered by the competent department of ecology and environment to make corrections, be subject to a fine, and have any illegal gains confiscated; in cases of serious circumstances, with approval from the people’s government authorized to grant such approval, the authority may order suspension of business operations or closure:

(1) Failure to affix hazardous waste identification signs as required;
(2) Failing to formulate a hazardous waste management plan or to submit the relevant documentation on hazardous waste in accordance with applicable national regulations;

(3) Illegally dumping or stockpiling hazardous waste;

(4) Providing or entrusting hazardous waste to an entity without a permit or to other producers or operators for engaging in business activities;

(5) Failing to complete and operate the hazardous waste transfer manifest in accordance with relevant national regulations, or transferring hazardous waste without prior approval;

(6) Failure to store, utilize, or dispose of hazardous waste in accordance with national environmental protection standards, or storing hazardous waste together with non‑hazardous waste;

(7) Collecting, storing, transporting, or disposing of hazardous wastes with incompatible characteristics without prior safety treatment;

(8) Transporting hazardous waste on the same conveyance as passengers;

(9) Using, for other purposes, sites, facilities, equipment, containers, packaging materials, or other items that have been used to collect, store, transport, or dispose of hazardous waste without first having undergone pollution‑removal treatment;

(10) Failure to implement appropriate preventive measures, resulting in the dispersion, loss, leakage, or other forms of environmental pollution caused by hazardous waste;

(11) Discarding or spilling hazardous waste along the route during transportation;

(12) Failure to formulate preventive measures for hazardous waste accidents and emergency response plans;

(13) Failure to establish a ledger for the management of hazardous waste in accordance with relevant national regulations and to accurately record such information.

Anyone who engages in any of the acts specified in items 1, 2, 5, 6, 7, 8, 9, 12, or 13 of the preceding paragraph shall be subject to a fine of not less than RMB 100,000 but not more than RMB 1 million. Anyone who engages in any of the acts specified in items 3, 4, 10, or 11 of the preceding paragraph shall be subject to a fine of three to five times the cost of the required disposal; if the cost of such disposal is less than RMB 200,000, it shall be calculated as RMB 200,000.

Source: Agricultural Inputs Herald Pesticide

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