Interpretation of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

Author: Huang Jianchu
Publisher:
Publish Date: 2005-05-01
Features: The main modifications made by the country to the Environmental Protection Law for Solid Waste Pollution this time mainly include:
1. Establishing the principle that the state implements environmental pollution prevention for solid waste pollution based on the legal responsibility of polluters, and clarifying that the producers, sellers, importers, and users of products bear legal responsibility for preventing and controlling pollution from solid waste they generate (Article 5).
2. Adding content that promotes a circular economy and encourages the purchase and use of recyclable and reusable products (Article 3, Article 7).
3. Addressing the issue of excessive packaging of some products by clearly establishing standards to prevent environmental pollution caused by excessive packaging (Article 18).
4. Including provisions for the prevention and control of solid waste pollution in agriculture and rural areas (Article 20, Article 38, Article 44, Article 49).
5. Improving the classification management regulations for the import of solid waste (Article 25, Article 26).
6. Clarifying the pollution prevention responsibilities of units that generate solid waste during changes or termination (Article 35).
7. Strengthening and improving measures for managing hazardous waste (Article 53, Article 54, Article 57, Article 58, Article 64, Article 65).
8. Improving relevant provisions on legal liabilities. Enhancing administrative penalties for certain illegal acts, granting environmental protection departments the authority to issue orders for (limited-term remediation) for severe environmental pollution, and adding provisions on reversed burden of proof, legal aid, and environmental monitoring agencies providing monitoring data in environmental pollution damage compensation lawsuits.