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Global Coatings Network News:
Global Coatings Network News:In recent years, there have been frequent cross-provincial dumping and landfilling of hazardous waste.
In recent years, there have been frequent cross-provincial dumping and landfilling of hazardous waste.
Criminal responsibility for illegal dumping of hazardous waste
Those who illegally discharge, dump, or dispose of hazardous wastes of more than three tons are considered "seriously polluting the environment" and are generally sentenced to fixed-term imprisonment of not more than 3 years or criminal detention, together with a fine or a single fine.
In the process of hazardous waste transfer, the organizer and implementer shall be responsible for pollution caused by unauthorized dumping or discarding; if the organizer and implementer are unknown or physically borne, the transporter shall bear the responsibility; if the transporter is unknown or unable to bear the responsibility, The evacuator bears responsibility.
The illegal transfer of hazardous waste across provinces will definitely be punished by law.
Regulations and procedures for the transfer of hazardous waste across provinces
According to the Law on the Prevention and Control of Environmental Pollution by Solid Waste and the Administrative Measures for the Transfer of Hazardous Waste (Revised Draft) (Draft for Solicitation of Comments), the transfer of hazardous waste across provinces, autonomous regions, and municipalities directly under the Central Government shall be directed to the people of the province, autonomous region, or municipality where the hazardous waste is removed.
Hazardous waste transfer process across provinces
Application
Application Enterprises that need to remove hazardous wastes should apply to the provincial environmental protection authority of the removal area and submit application materials.
The application materials include the hazardous waste transfer plan, the entrustment agreement signed by the mover and the recipient, the copy of the business license of the mover, the copy of the business license of the recipient and the copy of the hazardous waste business license, and the mover is responsible for the authenticity of the materials.
The letter of commitment to be removed from other materials required by the prefectural and provincial environmental protection authorities.
The application materials include the hazardous waste transfer plan, the entrustment agreement signed by the mover and the recipient, the copy of the business license of the mover, the copy of the business license of the recipient and the copy of the hazardous waste business license, and the mover is responsible for the authenticity of the materials.
The letter of commitment to be removed from other materials required by the prefectural and provincial environmental protection authorities.
Pre-trial
Pre-trial The provincial environmental protection department of the place of relocation will conduct a pre-examination and make a decision on whether to accept it.
solicit opinions
The provincial environmental protection department of the place of transfer will make an online announcement after acceptance.
If there is no objection, the opinion of the provincial environmental protection department of the place of transfer will be solicited within 10 working days from the date of acceptance.
If there is no objection, the opinion of the provincial environmental protection department of the place of transfer will be solicited within 10 working days from the date of acceptance.
Letter of opinion
The environmental protection department at the provincial level of the moving place shall make an opinion on whether or not to accept it within 15 working days from the date of receiving the letter of invitation from the provincial environmental protection department of the moving place, and send a letter to the environmental protection department at the provincial level of the moving place.
Inform in time
The provincial environmental protection authority of the place of transfer should make a permit decision within 10 working days from the date of receipt of the reply from the provincial environmental protection authority of the place of transfer, notify the applicant and explain the reasons.
Because the approval procedures of each province are different, the above process is for reference only.
Restrictions on inter-provincial transfer in some provinces
Restrictions on inter-provincial transfer in some provinces
Hunan
Strictly prohibit the transfer of hazardous waste from outside the province to the administrative area of the province for storage or disposal, strictly control the transfer of hazardous waste from outside the province to the administrative area of the province for resource utilization, and impose a penalty of more than 20,000 yuan and less than 200,000 yuan in violation of regulations fine.
Jiangsu
Strictly control the transfer of hazardous waste outside the administrative area of the province to the province for storage or disposal.
Hebei
Strictly control inter-provincial transfer.
Strictly control the transfer of hazardous wastes from other provinces to the province for storage or disposal.
In principle, it is prohibited to transfer hazardous wastes such as waste acid, waste alkali, waste emulsion, etc.
, which are of no use value and have low disposal costs.
Strictly control the transfer of hazardous wastes from other provinces to the province for storage or disposal.
In principle, it is prohibited to transfer hazardous wastes such as waste acid, waste alkali, waste emulsion, etc.
, which are of no use value and have low disposal costs.
Problems in the cross-provincial transfer approval system
Problems in the cross-provincial transfer approval system
Many processes and time-consuming
Inter-provincial transfers generally require the approval of multi-level environmental protection departments, which takes a long time, and paper applications are time-consuming, laborious and inefficient.
Many applicants cannot provide necessary materials as required, which affects the progress of the application.
Many applicants cannot provide necessary materials as required, which affects the progress of the application.
Provincial approval requirements are not uniform
The lack of unified approval requirements and procedures among the provinces has increased the workload of the applicants.
In addition, for the hazardous waste that needs to be identified in the EIA approval, the identification of hazardous waste categories in various provinces is controversial.
This part of hazardous waste is often unable to obtain approval when it is transferred across provinces.
In addition, for the hazardous waste that needs to be identified in the EIA approval, the identification of hazardous waste categories in various provinces is controversial.
This part of hazardous waste is often unable to obtain approval when it is transferred across provinces.
Emphasis on approval, less supervision
Although the approval procedures for cross-provincial transfer of hazardous waste are complicated, the supervision is insufficient and the capacity of informatization supervision is weak.
It is difficult for the provincial environmental protection departments to grasp relevant information due to the lack of informatization supervision methods.
It is difficult for the provincial environmental protection departments to grasp relevant information due to the lack of informatization supervision methods.
Problems in the process of inter-provincial transfer
Problems in the process of inter-provincial transfer
According to the "Law on the Prevention and Control of Environmental Pollution by Solid Wastes," transportation of hazardous wastes must take measures to prevent environmental pollution and comply with national regulations on the management of hazardous goods transportation.
However, the hazardous waste transportation industry is full of chaos, transportation supervision is a mere formality, and many illegal dumping activities occur in the transportation link.
However, the hazardous waste transportation industry is full of chaos, transportation supervision is a mere formality, and many illegal dumping activities occur in the transportation link.
Unqualified operations and illegal anchoring are rampant, increasing safety risks during transportation
Unqualified operations and illegal anchoring are rampant, increasing safety risks during transportation
The hazardous characteristics of hazardous wastes determine that the hazard coefficient of the transportation process is relatively large, and it must be carried by qualified and formal enterprises.
According to national regulations, the unit undertaking the transportation of hazardous waste should obtain the qualification for the transportation of hazardous goods issued by the transportation department and the scope of business contains hazardous waste.
However, the current hazardous waste transportation industry is full of chaos, unqualified operations, and illegal affiliation are rampant, increasing the safety risks in the transportation process, and safety accidents occur from time to time.
According to national regulations, the unit undertaking the transportation of hazardous waste should obtain the qualification for the transportation of hazardous goods issued by the transportation department and the scope of business contains hazardous waste.
However, the current hazardous waste transportation industry is full of chaos, unqualified operations, and illegal affiliation are rampant, increasing the safety risks in the transportation process, and safety accidents occur from time to time.
Inadequate supervision of the transportation process, supervision is only a formality
Inadequate supervision of the transportation process, supervision is only a formality
At this stage, there is a lack of supervision on the transfer and transportation of hazardous waste across provinces.
Many provinces do not have specific rules for transportation supervision, and only the environmental protection departments send letters to the provinces along the way to inform them.
When the letter reaches the environmental protection supervision department of the province along the route, the hazardous waste has often been transported out of the province, and transportation supervision is a mere formality.
Many provinces do not have specific rules for transportation supervision, and only the environmental protection departments send letters to the provinces along the way to inform them.
When the letter reaches the environmental protection supervision department of the province along the route, the hazardous waste has often been transported out of the province, and transportation supervision is a mere formality.
How to strengthen supervision of inter-provincial transfer
How to strengthen supervision of inter-provincial transfer
Improve current laws and regulations
Improve current laws and regulations
The current laws and regulations on hazardous waste management have imperfect inter-provincial transfer systems, regulations on hazardous waste supervision are very general, and transportation management requirements are missing.
Relevant requirements should be improved, detailed transportation management requirements and regulations for the follow-up handling of illegal dumping should be formulated, and penalties for illegal activities should be increased.
Relevant requirements should be improved, detailed transportation management requirements and regulations for the follow-up handling of illegal dumping should be formulated, and penalties for illegal activities should be increased.
Rely on science and technology to innovate regulatory methods
Rely on science and technology to innovate regulatory methods
Relying on technological innovation, strengthening the upgrading of technical equipment, and using technical means such as remote monitoring to improve supervision efficiency.
Use the Internet and big data to realize full coverage management of waste production units, transportation units, and disposal units, and real-time dynamic control of the flow of hazardous waste.
Use the Internet and big data to realize full coverage management of waste production units, transportation units, and disposal units, and real-time dynamic control of the flow of hazardous waste.
Strengthen the coordination and cooperation between various departments
Strengthen the coordination and cooperation between various departments
Trans-provincial transfer of hazardous waste involves multiple departments such as environmental protection, public security, and transportation.
Each department should clarify responsibilities, collaborate, strengthen information sharing, establish a joint supervision work platform, carry out joint law enforcement, and form a joint supervision force.
Each department should clarify responsibilities, collaborate, strengthen information sharing, establish a joint supervision work platform, carry out joint law enforcement, and form a joint supervision force.
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