Hazardous waste transfer management approach will be implemented on January 1, 2022

On December 3, 2021, the Ministry of Ecology and Environment issued the "Measures for the Management of Hazardous Waste Transfer", which was reviewed and approved by the ministerial meeting of the Ministry of Ecology and Environment on September 18, 2021, and will come into force on January 1, 2022.

The transfer of hazardous waste in China has been managed in accordance with the Environmental Management Measures for the Transfer of Hazardous Wastes (Revised Draft) since 1999. In order to improve the efficiency of the whole process of hazardous waste management, the revised name was changed to the "Hazardous Waste Transfer Management Measures."

Compared with the 1999 version, the new version of the main improvements are as follows:

-Clarify the general responsibilities of the parties involved in the transfer of hazardous waste, including the transferring party, the shipper, the carrier and the receiving party, as well as the management requirements for the whole process.

· Promote short-distance transportation of hazardous wastes and avoid large-scale and long-distance transportation as much as possible.

· Strengthen the management of hazardous waste transfer information, and promote monitoring and information traceability in the process of hazardous waste collection, transfer and disposal.

Optimize the approval process for the trans-provincial transfer of hazardous waste, simplify the application materials and approval process, and improve efficiency.

Attached: The full text of the hazardous waste transfer management approach.

Measures for the Management of Hazardous Waste Transfer

Chapter I General Provisions

Article 1 In order to strengthen the supervision and administration of hazardous waste transfer activities and prevent environmental pollution, these measures are formulated in accordance with the Law on the Prevention and Control of Environmental Pollution by the People's Republic of China Solid Wastes and other relevant laws and regulations.

Article 2 These Measures shall apply to the transfer of hazardous waste within the territory of the People's Republic of China and the supervision and administration thereof.

The transfer of hazardous waste that meets the exemption requirements shall be subject to exemption management in accordance with relevant national regulations.

These Measures shall not apply to the transfer of hazardous wastes in the sea.

Article 3 The transfer of hazardous waste shall follow the principle of proximity.

Transfers across provinces, autonomous regions, and municipalities directly under the Central Government (hereinafter referred to as inter-provincial transfers) for the disposal of hazardous wastes shall be transferred to hazardous waste disposal facilities in neighboring or regional cooperative provinces, autonomous regions, and municipalities directly under the Central Government, as well as hazardous waste disposal facilities that are coordinated throughout the country Mainly.

Article 4 The competent department of ecological environment shall, in accordance with the law, supervise and manage the prevention and control of environmental pollution by the transfer of hazardous wastes and the operation of the transfer of hazardous wastes, and investigate and deal with illegal acts of environmental pollution by hazardous wastes.

The competent departments of transportation at all levels shall investigate and deal with the illegal acts of the transportation of hazardous waste in violation of the relevant provisions on the management of the transportation of dangerous goods.

Public security organs shall investigate and deal with traffic violations of hazardous waste transport vehicles in accordance with the law, and crack down on crimes involving hazardous waste pollution of the environment.

Article 5 the competent departments of ecological environment, the competent departments of transportation and the public security organs shall establish and improve the cooperation mechanism, share the information of hazardous waste transfer forms, the dynamic information of the driving track of transport vehicles and the information of restricted traffic areas of transport vehicles, and strengthen joint supervision and law enforcement.

Article 6 Where hazardous waste is transferred, the system of hazardous waste transfer consignment shall be implemented, unless otherwise provided by laws and regulations.

The format and content of the hazardous waste transfer slip shall be separately formulated by the Ministry of Ecology and Environment.

Article 7 Where hazardous waste is transferred, the electronic transfer form of hazardous waste shall be filled out and operated through the national hazardous waste information management system (hereinafter referred to as the information system), and the information on the prevention and control of environmental pollution related to the transfer of hazardous waste shall be disclosed in accordance with the relevant provisions of the State.

The Ministry of Ecology and Environment is responsible for the construction, operation and maintenance of the information system.

Article 8 The transport of hazardous waste shall comply with the provisions of the State on the administration of the transport of dangerous goods. Without the approval of the public security organ, vehicles for the transport of hazardous waste shall not enter the area restricted by vehicles for the transport of dangerous goods.

Chapter II Responsibilities of Relevant Parties

Article 9 In the process of transferring hazardous wastes, the transferor, the carrier and the recipient of hazardous wastes (hereinafter referred to as the transferor, the carrier and the recipient respectively) shall take measures to prevent scattering, loss, leakage or other measures to prevent environmental pollution, and shall not dump, stack, discard or scatter hazardous wastes without authorization, and shall be liable for the environmental pollution and ecological damage caused by them in accordance with the law.

The remover, carrier, and recipient shall formulate preventive measures and emergency plans for environmental emergencies in accordance with the law, and report them to the relevant departments for the record; when an environmental emergency of hazardous waste occurs, effective measures shall be taken immediately to eliminate or reduce the pollution and harm to the environment, And report to the relevant department where the accident occurred in accordance with relevant regulations, and accept investigation and handling.

Article 10 The removal person shall perform the following obligations:

The (I) shall verify the main qualification and technical ability of the carrier or the recipient, sign a written contract in accordance with the law, and stipulate in the contract the pollution prevention and control requirements and related responsibilities for the transportation, storage, utilization and disposal of hazardous waste;

(II) formulate a hazardous waste management plan and specify the type, weight (quantity) and flow direction of the hazardous waste to be transferred;

(III) establish a hazardous waste management ledger, measure and weigh the transferred hazardous waste, truthfully record and properly store the type, weight (quantity) and recipient of the transferred hazardous waste;

(IV) fill in and operate the hazardous waste transfer slip, and truthfully fill in the information of the removal person, carrier and recipient, the type, weight (quantity), hazardous characteristics and other information of the transferred hazardous waste, as well as the preventive measures for environmental emergencies;

(V) timely verify the storage, utilization or disposal of relevant hazardous wastes by the recipient;

(VI) other obligations stipulated by laws and regulations.

The removal person shall carry out the identification of hazardous waste in accordance with the relevant requirements of the State. It is prohibited to provide or entrust hazardous waste in the name of by-products to units or other producers and operators that do not have a hazardous waste business license to engage in collection, storage, utilization, and disposal activities.

Article 11 The carrier shall perform the following obligations:

(I) verification of hazardous waste transfer slip, there is no transfer slip, should refuse to transport;

(II) fill in and operate the hazardous waste transfer slip, fill in the name of the carrier, the means of transport and its operating certificate number, as well as the starting and ending points of transport and other transport-related information in the hazardous waste transfer slip, and carry it with the means of transport together with the dangerous goods consignment slip;

(III) transport hazardous waste in accordance with the relevant provisions on the prevention and control of environmental pollution by hazardous waste and the transportation of hazardous goods, record the transportation trajectory, and prevent the loss of hazardous waste, damaged packaging, leakage or sudden environmental incidents;

(IV) deliver the transported hazardous waste to the recipient's address, deliver it to the recipient designated on the hazardous waste transfer slip, and inform the removal person of the transportation situation in time;

(V) other obligations stipulated by laws and regulations.

Article 12 The recipient shall perform the following obligations:

(I) verify the type, weight (quantity), package, identification mark and other relevant information of the hazardous waste to be accepted;

(II) fill in and operate the hazardous waste transfer slip, and truthfully fill in the hazardous waste transfer slip with opinions on whether to accept, as well as information on utilization, disposal methods and accepted quantities;

The (III) shall, in accordance with the relevant national and local regulations and standards, store, utilize or dispose of the accepted hazardous waste;

(IV) inform the removal party of the acceptance, utilization or disposal results of hazardous wastes in a timely manner;

(V) other obligations stipulated by laws and regulations.

Article 13 The shipper of hazardous waste (hereinafter referred to as the shipper) shall, in accordance with the relevant national standards for dangerous goods, determine the category, category and number of dangerous goods corresponding to hazardous waste, entrust a unit with the corresponding qualification for the transport of dangerous goods to carry hazardous waste, and sign a contract of carriage in accordance with the law.

Where hazardous waste is transported by means of packaging, it shall be properly packaged, and corresponding identification marks shall be placed on the outer packaging in accordance with relevant national standards.

When loading hazardous waste, the shipper shall verify whether the carrier, means of transport and the consignee have a valid permit for the transport of dangerous goods with the corresponding business scope, and whether the relevant information in the identification mark of the hazardous waste to be transferred is consistent with the hazardous waste transfer slip; if it does not match, it shall not be loaded. Where hazardous waste is transported by means of packaging, it shall be ensured that the packaged hazardous waste is delivered to the carrier.

Chapter III Operation and Management of Hazardous Waste Transfer List

Article 14 The hazardous waste transfer slip shall be filled in and operated in accordance with the hazardous waste transfer and other record information filled in in the hazardous waste management plan.

Article 15 The transfer list of hazardous wastes shall be numbered uniformly throughout the country, and the number shall consist of fourteen Arabic numerals. The first to fourth digits are the year code; the fifth and sixth digits are the provincial administrative division codes of the place of removal; the seventh and eighth digits are the municipal administrative division codes of the place of removal; the remaining six digits are numbered in units of the municipal administrative area of the place of removal.

Article 16 The remover shall fill in and run a hazardous waste transfer form for each transfer of similar hazardous waste by a vehicle (ship or other means of transport). If each vehicle (ship or other means of transport) transfers multiple types of hazardous waste, it may fill in and run a hazardous waste transfer form, or it may fill in and run a hazardous waste transfer form for each type of hazardous waste.

If the same vehicle (ship or other means of transport) is used to transfer hazardous waste for multiple removal persons at one time, each removal person shall fill in and run the hazardous waste transfer slip separately.

Article 17 Where hazardous wastes are transferred by means of intermodal transport, the former carrier and the latter carrier shall specify the time and place of transportation and handover. The latter carrier shall verify the information of the remover identified in the hazardous waste transfer slip, the information of the former carrier and the relevant information of the hazardous waste.

Article 18 The recipient shall verify and accept the arrived hazardous waste, and confirm acceptance through the information system within five working days from the date of acceptance.

If the name, quantity, characteristics, form and packaging method of the arrived hazardous waste do not match the contents of the hazardous waste transfer slip, the recipient shall promptly inform the removal person, decide whether to accept it or not, and report to the competent department of ecological environment of the receiving place.

Article 19 For the transfer of hazardous wastes without passing through vehicles (ships or other means of transport) and other methods that cannot measure hazardous wastes per time, the transferor and the recipient shall be equipped with measurement and recording equipment respectively, and the information such as the type, weight (quantity), form and hazardous characteristics of hazardous wastes transferred every day shall be included in the relevant ledger records, and fill in and run the hazardous waste transfer form according to the requirements of the local ecological environment department at or above the municipal level where the district is located.

Article 20 The electronic transfer list data of hazardous waste shall be kept in the information system for at least ten years.

If the electronic transfer form of hazardous waste cannot be operated due to special reasons, the paper transfer form can be used first, and the electronic transfer form can be added to the information system within 10 working days after the completion of the transfer activity.

Chapter IV Management of Transferring Hazardous Wastes Across Provinces

Article 21 Where hazardous waste is transferred across provinces, an application shall be submitted to the provincial ecological and environmental department of the place where the hazardous waste is removed. The competent department of ecological environment at the provincial level in the place of removal shall approve the transfer of the hazardous waste after consultation with the competent department of ecological environment at the provincial level in the place of acceptance. Without approval, it shall not be transferred.

Encourage the provincial ecological and environmental authorities of the removal and receiving areas of regional cooperation to simplify the approval procedures for the transfer of hazardous wastes across provinces in accordance with the cooperation agreement.

Article 22 Where an application is made for the trans-provincial transfer of hazardous waste, the transferor shall fill in an application form for the trans-provincial transfer of hazardous waste and submit the following materials:

Copy of the hazardous waste business license of the (I) recipient;

Description of the storage, utilization or disposal of hazardous wastes provided by the (II) recipient;

The entrustment agreement, intention or contract signed between the (III) remover and the recipient;

Other materials specified in the local regulations (IV) the removal of hazardous waste.

The removal person shall put forward the time limit for the proposed transfer of hazardous waste in the application form for the inter-provincial transfer of hazardous waste.

The provincial competent department of ecological environment shall disclose to the public the application materials needed for the trans-provincial transfer of hazardous wastes.

The format and contents of the application form for trans-provincial transfer of hazardous wastes shall be separately formulated by the Ministry of Ecology and Environment.

Article 23 If the application materials are complete and meet the requirements, the provincial competent department of ecological environment that accepts the application shall immediately accept them; if there are errors in the application materials that can be corrected on the spot, the applicant shall be allowed to correct them on the spot; if the application materials are incomplete or do not meet the requirements, the emigrant shall be informed of all the contents that need to be corrected on the spot or within five working days, the application shall be accepted from the date of receipt of the application materials.

Article 24 the competent department of ecological environment at the provincial level in the place where the hazardous waste is removed shall, within five working days from the date of acceptance of the application, put forward preliminary examination opinions on the basis of the application materials and hazardous waste management plan submitted by the transferor. If the preliminary examination agrees to move out, a letter of request for inter-provincial transfer shall be sent to the provincial ecological environment department of the hazardous waste receiving place through the information system; If you do not agree to move out, you shall reply to the person who moved out in writing and explain the reasons.

Article 25 the competent department of ecological environment at the provincial level in the place where hazardous waste is received shall, within ten working days from the date of receiving the letter of request from the competent department of ecological environment at the provincial level in the place where hazardous waste is removed, issue an opinion on whether or not to accept it, and reply to the competent department of ecological environment at the provincial level in the place where it is removed through the information system letter; if it does not agree to accept, it, it shall explain the reasons.

Article 26 the competent department of ecological environment at the provincial level in the place where the hazardous waste is removed shall, within five working days from the date of receiving the reply from the competent department of ecological environment at the provincial level in the place of acceptance, make a decision on whether to approve the transfer of the hazardous waste; if it does not agree to the transfer, the reasons shall be explained. The provincial-level ecological environment authority of the place where the hazardous waste is removed shall notify the provincial-level transportation authority of the place where the hazardous waste is removed and the relevant provincial-level ecological environment authority and transportation authority of the place where it is moved.

Article 27 The decision to approve the trans-provincial transfer of hazardous waste shall include the name, category, waste code, weight (quantity), removal person, recipient, storage, utilization or disposal method of the approved transfer of hazardous waste.

The validity period of the decision to approve the trans-provincial transfer of hazardous waste shall be twelve months, but shall not exceed the time limit for the transfer of hazardous waste by the emigrant to apply for the transfer of hazardous waste and the remaining validity period of the recipient's hazardous waste business license.

After the application for the transfer of hazardous waste across provinces has been approved, the person who transferred the hazardous waste shall fill in and operate the hazardous waste transfer slip in accordance with the decision approving the transfer of hazardous waste across provinces, and implement the hazardous waste transfer activities. The grantee may transfer hazardous waste several times within the validity period in accordance with the decision approving the transfer of hazardous waste across provinces.

Article 28 In any of the following circumstances, the person who has moved out shall re-file an application for the trans-provincial transfer of hazardous waste:

The type of hazardous waste to be transferred by the (I) is changed or the weight (quantity) exceeds the original approved weight (quantity);

Changes in the storage, utilization and disposal of hazardous wastes that the (II) plans to transfer;

The recipient of the (III) has changed or the recipient is no longer qualified for the storage, utilization or disposal of the hazardous waste to be received.

Chapter V Legal Liability

Article 29 in violation of the provisions of these measures, failing to fill in and operate the hazardous waste transfer form, providing or entrusting hazardous waste in the name of by-products to units or other producers and operators without hazardous waste business license to engage in collection, storage, utilization and disposal activities, or transferring hazardous waste across provinces without approval, The competent department of ecological environment and the public security organ shall punish in accordance with the relevant provisions of the law on the prevention and control of environmental pollution by the People's Republic of China solid waste.

Whoever transports hazardous wastes in violation of the relevant regulations on the management of the transportation of dangerous goods shall be punished by the competent department of transportation, the public security organ and the competent department of ecological environment in accordance with the law.

If, in violation of the provisions of these measures, the hazardous waste transfer form is not filled in and operated in a standardized manner, and corrected in a timely manner, and no harmful consequences are caused, no administrative punishment shall be given according to law; if the harmful consequences are eliminated or mitigated, the competent department of ecological environment may be given a lighter or mitigated administrative punishment according to law.

Article 30 Anyone who violates the provisions of these Measures and constitutes a violation of public security management shall be punished by the public security organ according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

When the competent department of ecological environment and the competent department of transportation find suspected criminal cases during supervision and inspection, they shall promptly transfer them to the public security organs in accordance with the relevant provisions on the connection between administrative law enforcement and criminal justice.

Chapter VI Supplementary Provisions

Article 31 The meanings of the following terms in these Measures:

(I) transfer means the removal of hazardous waste from the premises of the person who removed it, delivered to the carrier and moved to the premises of the recipient for the purpose of storage, utilization or disposal of hazardous waste.

(II) remover refers to the starting unit of hazardous waste transfer, including hazardous waste generation unit, hazardous waste collection unit, etc.

(III) carrier refers to the unit that undertakes the task of transporting hazardous waste.

(IV) recipient refers to the destination unit of hazardous waste transfer, that is, the consignee of dangerous goods.

The (V) shipper refers to the unit that entrusts the carrier to transport hazardous wastes, and can only be the person who removes or receives it.

Article 32 These Measures shall come into force as of January 1, 2022. The Measures for the Administration of the Transfer of Hazardous Wastes (Order No. 5 of the former State Environmental Protection Administration) shall be repealed at the same time.

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