[ad_1]
The implementation of the new solid waste law uses the strictest system to protect the ecological environment.
Our reporter Chen Yu
On September 1, the “Law of the People’s Republic of China for the Prevention and Control of Environmental Pollution by Solid Waste” (hereinafter the New Solid Waste Law) was officially implemented. It is known as the legal system of the “strictest system and the strictest rule of law to protect the ecological environment.”
“The new solid waste law adds the principle of” three modernizations “in the prevention and control of contamination by solid waste, that is, the principles of reduction, use of resources and safety, thus forming the principle of” three modernizations ” as its core, the principle of classified management, pollution The principle of responsibility and the principle of general control are the basic legal principles for the prevention and control of solid waste pollution. ” Dr. Zhu Bingcheng, from the Institute of Environmental and Resource Law of the China University of Political Science and Law, stated in an interview with a Science and Technology Daily journalist that the establishment of the “three modernizations” principle not only Clarified the general thinking on China’s solid waste pollution prevention and control and realized the convergence with the “Circular Economy Promotion Law” and “Clean Production Promotion Law” and other laws related to the prevention and control of solid waste.
The new solid waste law has three “more”
The previous Law on Prevention and Control of Environmental Pollution by Solid Waste was enacted in 1995 and was revised for the first time in 2004. The specific provisions were revised in 2013, 2015 and 2016. On April 29 of this year, the 17th meeting of the Permanent Commission of the XIII National People’s Congress reviewed and approved the reform to the new Solid Waste Law.
The new solid waste law has 9 chapters and 126 articles.
Zhu Bingcheng believes that the new solid waste law can be summed up into three “pluses”: the strictest system, the strictest supervision, and the most severe crackdown.
In terms of supervision and management, the new solid waste law strengthens the general supervisory responsibility of local governments at all levels, encourages the different regions to establish joint prevention and control mechanisms, and clarifies the objective responsibility system of prevention and control of contamination by solid waste and the evaluation and evaluation system. In Zhu Bingcheng’s view, the development of regional coordination will help balance and coordinate the solid waste treatment capacity of various regions and enhance the overall effect of solid waste pollution prevention and control. A clear system of accountability by objectives helps to urge local governments at all levels to promote and carry out work on prevention and control of solid waste pollution.
The new solid waste law has increased penalties and the maximum fine has been raised to 5 million yuan, supplemented by strict enforcement rules, to help deter potential offenders more effectively. Another manifestation of “severe punishment and severe punishment” is that for specific environmental violations, in addition to imposing administrative sanctions on the company itself, those responsible for the company are also punished. In addition, the new solid waste law also adds provisions for the administrative detention of those responsible for companies.
Provisions on the prevention and control of environmental pollution such as household waste
Regarding prevention and control measures, the new Solid Waste Law has established relevant provisions regarding the prevention and control of environmental pollution in terms of industrial solid waste, domestic waste, construction waste, agricultural solid waste and waste. dangerous.
Among them, the most interesting aspect is the prevention and control of environmental pollution by domestic garbage. The law adds the system and principles for the classification of household waste. By clarifying the specific responsibilities of local government at the county level or above, the oversight and management responsibilities of local governments at all levels are further implemented. , Formulate specific management methods for local household waste.
“At present, Shanghai, Beijing and other places have successively introduced household waste classification management measures. These local legislations are the specific implementation of the regulations on household waste classification management in the new solid waste law.” Zhu Bingcheng also believes that in the future local legislation still needs attention and new Convergence of relevant provisions of the Solid Waste Law.
Gradually carry out zero import of solid waste
Regarding solid waste import management, the new solid waste law no longer divides three types of solid waste, namely prohibited, restricted and unrestricted imports, and stipulates that the state gradually performs zero import of solid waste and prohibits the dumping, stacking, and disposal of foreign solid waste. Transferring hazardous waste across the borders of China is prohibited.
To solve the problem of difficult return and disposal of solid waste imported to China, the new solid waste law no longer uses the “unknown importer” as a prerequisite for the carrier to take responsibility for the return and disposal, and stipulates that the carrier must return and dispose of solid waste. The eliminator and the importer will assume joint and several liability. In other words, if the importer does not meet the requirements for the return and disposal of solid waste, customs can order the carrier to assume the relevant responsibilities. Furthermore, the law also stipulates that solid waste that cannot be returned must be managed by local people’s governments at or above the county level.
Furthermore, the new solid waste law has significantly increased penalties for the illegal importation of solid waste into China and the transfer of hazardous waste across China’s borders. The first has been adjusted from a fine of 100,000 to 1 million to a fine of 500,000 to 5 million. The latter was adjusted from the original fine of 50,000 to 500,000 yuan to a fine of 500,000 to 5 million. The fine was increased by a maximum of 10 times. If the circumstances are serious, criminal liability will be investigated in accordance with the law, and the offender will bear stronger legal liability and higher cost of illegality.
In the first 7 months of this year, the Guangdong Province Customs Anti-Smuggling Department initiated a total of 100 criminal cases of solid waste smuggling, checking around 980,000 tons of solid waste such as oily water, plastic waste and waste. hardware. According to the person in charge of the Regulation Office of the Guangdong Branch of the General Administration of Customs, the new solid waste law has made significant adjustments to China’s imported solid waste management system, which will more effectively protect the law enforcement of government departments.
(Science and Technology Daily, Beijing, September 1)
