On April 29, 2020, the 17th meeting of the Standing Committee of the 13th National People's Congress voted to pass the Law on the Prevention and Control of Environmental Pollution by Solid Waste, which will come into force on September 1, 2020.

 Since its adoption in 1995, the Solid Waste Law has undergone five revisions. The newly revised Solid Waste Law clarifies the prevention and control of environmental pollution by solid waste, strengthens the supervision and management responsibilities of the government and its relevant departments, improves the system for the prevention and control of environmental pollution by industrial solid waste, domestic waste, hazardous waste, construction waste, agricultural solid waste, etc., improves the safeguard mechanism, and strictly enforces legal responsibility. The comprehensive revision of the Solid Waste Law is an urgent need to promote the fight against pollution in accordance with the law, and is an important measure to improve the strictest and strictest legal system for ecological and environmental protection and strengthen the legal guarantee of public health.

 So, what adjustments have been made to the newly revised Solid Waste Law and the current Solid Waste Law?

       The new Solid Waste Law expands and improves the chapter on legal liability, increases the penalties for non-compliance in solid waste management, and increases the cost of violations for enterprises. In addition to setting corresponding penalties for the new content, the penalty amount for illegal acts has also been generally increased, with a maximum fine of 5 million yuan, and law enforcement measures such as continuous daily penalties, administrative detention, and seizure have been added.

       The amount of penalties has been greatly increased, and the "double penalty system" has been implemented for some illegal acts

 

       The provision for continuous daily penalties has been added

       Article 119 Where units and other producers and operators discharge solid waste in violation of the provisions of this Law, receive fines and punishments, and are ordered to make corrections, the administrative organ that made the penalty decision in accordance with law shall organize a review, and if it is found that they continue to carry out the illegal act, they shall be punished continuously on a daily basis in accordance with the provisions of the Environmental Protection Law of the People's Republic of China.

       Provisions for administrative detention have been added

         Article 120  Where the provisions of this Law are violated by any of the following acts, which do not constitute a crime, the public security organs shall detain the legally-designated representatives, principal responsible persons, directly responsible managers and other responsible personnel for not less than 10 days but not more than 15 days; Facilities, sites and landfills for the centralized storage, utilization and disposal of hazardous wastes; (3) Providing or entrusting hazardous wastes to units or other producers and operators without a license for stacking, utilization, or disposal; (4) Engaging in the business activities of collecting, storing, utilizing, and disposing of hazardous wastes without a license or in accordance with the provisions of the permit; (5) Transferring hazardous wastes without approval; (6) Failing to take preventive measures, resulting in the dispersion, loss, leakage, or other serious consequences of hazardous wastes.

       The acceptance of solid waste pollution prevention and control facilities is changed from the acceptance of the environmental protection department to the independent acceptance of the enterprise

 

       How do enterprises carry out environmental protection acceptance of construction projects?

       Acceptance of environmental protection facilities for water and air pollutants:

       The environmental protection facilities for water and air pollutants of construction projects shall be accepted by the construction units themselves.

       Acceptance of noise pollution prevention and control facilities:

       Before a construction project is put into production or use, its environmental noise pollution prevention and control facilities must be inspected and accepted in accordance with the standards and procedures prescribed by the state; if it fails to meet the requirements stipulated by the state, the construction project shall not be put into production or use.

       Acceptance of solid waste pollution prevention and control facilities:

       On April 29, 2020, the second revision of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste (effective from September 1, 2020) was passed.

       Friendly reminder:For construction projects that fill in the environmental impact registration form, it is not necessary to carry out the acceptance of environmental protection facilities for supporting construction in accordance with Article 19 of the Regulations on Environmental Protection of Construction Projects, nor does it fall within the scope of application stipulated in Article 23 of the Regulations on Environmental Protection of Construction Projects. If there are other illegal acts such as excessive pollutant discharge in the construction project that fills in the environmental impact registration form, it shall be investigated and dealt with in accordance with the relevant laws and regulations.

 

Frequently asked questions about environmental acceptance

      1. After the enterprise is put into operation (operation), should it go through the environmental protection completion acceptance procedures?
       It should be handled. According to the "Interim Measures for the Acceptance of Environmental Protection on the Completion of Construction Projects", the construction unit is the main body responsible for the environmental protection acceptance of the completion of the construction project, and shall, in accordance with the prescribed procedures and standards, organize the acceptance of the environmental protection facilities for supporting construction, prepare acceptance reports, disclose relevant information, accept social supervision, and ensure that the environmental protection facilities that need to be built for the construction project are put into operation or used at the same time as the main project, and the authenticity of the acceptance content, conclusions and disclosed information, Responsible for accuracy and completeness, and shall not be falsified in the acceptance process.
       For construction projects that mainly discharge pollutants, the acceptance monitoring report shall be prepared with reference to the Technical Guidelines for Environmental Protection Acceptance of Construction Projects for Completion and Pollution Impact; for construction projects that mainly have an impact on the ecology, the acceptance investigation report shall be prepared in accordance with the Technical Specifications for Environmental Protection Acceptance of Construction Projects for Ecological Impact"; and for construction projects for thermal power generation, petroleum refining, water conservancy and hydropower, nuclear and radiation and other industries for which acceptance technical specifications have been issued, acceptance monitoring reports or acceptance investigation reports shall be prepared in accordance with the acceptance technical specifications of the industry.
       If the construction unit does not have the ability to prepare the acceptance monitoring (investigation) report, it may entrust a capable technical institution to compile it. The construction unit shall be responsible for the conclusion of the acceptance monitoring (investigation) report prepared by the entrusted technical institution. The relationship of rights and obligations between the construction unit and the entrusted technical institution, as well as the responsibilities that the entrusted technical institution shall bear, may be agreed in the form of a contract.
       2. Clarify the main body of responsibility for acceptance
       The approval of the environmental protection department for the completion and acceptance of environmental protection facilities of construction projects shall be cancelled, and the construction unit shall independently accept and accept it in accordance with regulations. The details are as follows:

• Acceptance of environmental protection facilities for water and air pollutants: The construction unit shall carry out the acceptance of environmental protection facilities for water and air pollutants in construction projects.

• Acceptance of noise pollution prevention and control facilities: Before the construction project is put into production or use, the environmental noise pollution prevention and control facilities must be accepted in accordance with the standards and procedures stipulated by the state;

• Acceptance of solid waste pollution prevention and control facilities: The "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" has started the revision process, and during the transition period before the law is revised and improved, the environmental protection acceptance of the completion of solid waste pollution prevention and control facilities of construction projects should be carried out with reference to the provisions of the local environmental protection authorities.

  After the completion of the construction project for the preparation of the environmental impact report (form), the construction unit or the technical institution entrusted by it shall truthfully prepare the completed environmental protection acceptance report, and the personnel preparing the acceptance report shall be responsible for the conclusion of the acceptance report prepared by it for life.

      3. Can the construction unit monitor itself?
       Self-monitoring is possible. Acceptance monitoring shall be carried out under the condition of ensuring the stability of the commissioning conditions of the main project and the normal operation of environmental protection facilities, and truthfully record the actual working conditions at the time of monitoring. Where the relevant national and local pollutant discharge standards or industry acceptance technical specifications have other provisions on working conditions and production loads, they shall be implemented in accordance with those provisions. The construction unit may use its own personnel, premises and equipment to carry out acceptance monitoring activities according to its own conditions and capabilities, and may also entrust other capable monitoring institutions to carry out monitoring.
       4. If it has not been accepted or is unqualified, can it be put into production or use?

       No. After the completion of the preparation of the acceptance monitoring (investigation) report, the construction unit shall, according to the conclusion of the acceptance monitoring (investigation) report, check whether there is any unqualified acceptance one by one, and put forward acceptance opinions. If there is a problem, the construction unit shall carry out rectification, and the acceptance opinion can only be put forward after the rectification is completed. The main project of the environmental protection facilities supporting the construction of a construction project can only be put into production or use after the experience of the construction project is qualified; if it has not been accepted or the acceptance is unqualified, it shall not be put into production or use.

        5. What are the contents of the acceptance opinion?

       The acceptance opinions include the basic situation of the project construction, the changes in the project, the implementation of environmental protection facilities, the commissioning effect of environmental protection facilities, the impact of the project construction on the environment, the acceptance conclusion and follow-up requirements, etc., and the acceptance conclusion shall clarify whether the environmental protection facilities of the construction project are qualified.
       6. Under what circumstances is the acceptance unqualified?

       There are mainly these nine categories. In case of any of the following circumstances in the environmental protection facilities of a construction project, the construction unit shall not put forward an opinion on acceptance and acceptance:

• Failure to build environmental protection facilities in accordance with the requirements of the environmental impact report (form) and the approval decision of the examination and approval department, or the environmental protection facilities cannot be put into operation or used at the same time as the main project;
• The discharge of pollutants does not meet the requirements of relevant national and local standards, environmental impact reports (forms) and their approval decisions of examination and approval departments, or the total discharge control indicators of key pollutants;
• After the environmental impact report (form) is approved, the nature, scale, location, production process or measures to prevent pollution and ecological damage of the construction project have undergone major changes, and the construction unit has not re-submitted the environmental impact report (form) for approval or the environmental impact report (form) has not been approved;
• In the process of construction, major environmental pollution has not been completed, or major ecological damage has not been restored;
• Construction projects included in the management of pollutant discharge permits, discharge pollutants without a permit or discharge pollutants without a permit;
• The ability of environmental protection facilities to prevent and control environmental pollution and ecological damage that is constructed, put into production or used in phases or used in phases cannot meet the needs of the corresponding main project;
• The construction unit has been punished for violating national and local environmental protection laws and regulations for the construction project, and has been ordered to make corrections, but the corrections have not yet been completed;
• The basic data of the acceptance report is obviously untrue, there are major deficiencies or omissions in the content, or the acceptance conclusion is unclear and unreasonable;
• Other environmental protection laws, regulations, rules, and other provisions must not pass environmental protection acceptance.

       7. Can an enterprise organize and set up an acceptance working group, and who is the working group composed of?
       OK. In order to improve the effectiveness of acceptance, in the process of putting forward acceptance opinions, the construction unit can organize the establishment of an acceptance working group, and assist in carrying out the acceptance work by means of on-site inspection, data review, and acceptance meeting. The acceptance working group may be composed of representatives of the design unit, the construction unit, the preparation agency of the environmental impact report (form), the acceptance monitoring (investigation) report preparation agency, as well as professional and technical experts, and the scope and number of representatives shall be determined.
       8. Does the acceptance announcement need to be on the designated website, and is there any time requirement?
       Except in accordance with the need for confidentiality by the state, the construction unit shall disclose the following information to the public through its website or other methods that are convenient for the public to know:

• After the completion of the environmental protection facilities supporting the construction of the construction project, the completion date shall be disclosed;

• Before commissioning the environmental protection facilities supporting the construction of the construction project, the start and end dates of the commissioning shall be disclosed;
• Within 5 working days after the completion of the preparation of the acceptance report, the acceptance report shall be made public, and the period of publicity shall not be less than 20 working days.

       At the same time as disclosing the above-mentioned information, the construction unit shall report the relevant information to the competent department of environmental protection at or above the county level where it is located, and accept supervision and inspection. Within 5 working days after the expiration of the publicity period of the acceptance report, the construction unit shall log on to the national environmental protection acceptance information platform for the completion of construction projects, fill in the basic information of the construction project, the acceptance of environmental protection facilities and other relevant information, and the competent department of environmental protection shall disclose the above information.
       9. There is no deadline for acceptance.

       Except for water and air pollution prevention and control facilities that require a pollutant discharge permit, the acceptance period for other environmental protection facilities shall generally not exceed 3 months;

       10. Things to be completed in time after the acceptance is completed

       For construction projects included in the management of pollutant discharge permits, the pollutant discharger shall, before the actual pollutant discharge of the project occurs, apply for a pollutant discharge permit in accordance with the requirements of the relevant provisions on the management of the national pollutant discharge permit, and shall not discharge pollutants without a permit or in accordance with the permit. The main content related to pollutant discharge in the acceptance report of the construction project shall be included in the annual report on the implementation of the pollutant discharge permit in the year when the acceptance of the project is completed.

       11. Do I need annual inspection for environmental protection acceptance of completion?

       According to the relevant environmental protection regulations, if there is no major change in the nature, scale, location or production process of the project, the environmental protection acceptance procedures for completion are valid and no annual inspection is required. It is subject to the supervision of the competent environmental protection department.

 

来源：中国钢铁新闻网