Weak School】 【E-Waste Pollution Prevention Regulations】..

<br> State Environmental Protection Administration Order No. 40 <BR> e-waste pollution prevention management practices <BR> "e-waste pollution prevention and management measures" in the September 7, 2007 by the State Environmental Protection Administration 2007 .three times by the executive meeting. .Are hereby promulgated, February 1, 2008 shall come into force. .<BR> <BR> State Environmental Protection Administration Zhou <BR> <BR> September 27, 2007 Keywords: environmental regulations that <BR> <BR> <BR> e-waste e-waste .Pollution Prevention and Control Regulations Chapter I General Provisions Article <BR> <BR> e-waste pollution prevention and control in order to strengthen the environmental management of e-waste, according to "Solid Waste Pollution Prevention Law," regulations. .<BR> <BR> Second approach for the PRC dismantling, utilization and disposal of electronic waste pollution prevention and control. .<BR> <BR> Produced, stored e-waste pollution prevention and control, also apply to this approach; relevant laws and administrative regulations shall prevail. .<BR> <BR> Electronic hazardous waste pollution prevention and control related activities, for "Solid Waste Pollution Prevention Law" on hazardous waste management regulations. .<BR> <BR> Third State Environmental Protection Administration of the National e-waste pollution prevention and control of supervision and administration. .<BR> <BR> Local people's governments above the county level environmental protection administrative departments of the administrative area of e-waste pollution prevention and control of supervision and administration. .Article <BR> <BR> any units and individuals have the obligation to protect the environment, and the right to e-waste pollution caused by the units and individuals charged and prosecution. .<BR> Chapter dismantling supervision and management by disposal <BR> Article new construction, renovation, expansion dismantling, utilization and disposal of electronic waste in the project, the construction unit (including individual industrial and commercial households) shall, in accordance with relevant state regulations, to the local .districts and local governments above the municipal environmental protection administrative department for approval an environmental impact report or environmental impact statement (hereinafter referred to as environmental impact assessment files). .<BR> <BR> Preceding paragraph, the environmental impact assessment documents, shall include the following: <BR> <BR> (a) of the construction project profiles; <BR> <BR> (b) construction project is split into local e-waste .solutions using disposal facility construction plan; <BR> <BR> (c) the technical and process route selection is in line with national industrial policies and environmental disposal of electronic waste dismantling the use and management of technical specification requirements, and whether the use of disposal dismantling .suitable type of electronic waste; <BR> <BR> (d) construction project may impact on the environment analysis and forecasting; <BR> <BR> (e) environmental protection measures and their economic and technical feasibility studies; <BR> < .BR> (f) the construction project environmental monitoring program; <BR> <BR> (g) of the item can not be completely disassembled, use or disposal of electronic waste and other solid waste or liquid waste or the disposal of the proper use of the program; .<BR> <BR> (h) environmental impact assessment conclusion. .Article <BR> <BR> construction project is completed, the construction unit (including individual industrial and commercial households) should be to approve the construction project environmental impact assessment documents of the environmental protection administrative department for the construction project environmental protection measures need to be taken and acceptance. .<BR> <BR> Acceptance of environmental protection measures in the preceding paragraph, shall include the following: <BR> <BR> (a) supporting the construction of environmental protection facilities are completed; <BR> <BR> (b) it is equipped with .relevant professional qualifications and technical personnel, the establishment of management and operator training systems and programs; <BR> <BR> (c) whether the situation to create an electronic logbook system for waste management; <BR> <BR> (d) whether the establishment of the everyday environment .monitoring system; <BR> <BR> (e) whether the implementation can not be completely disassembled, use or disposal of electronic waste and other solid waste or liquid waste or the disposal of the proper use of the program; <BR> <BR> (f) whether .treated with the corresponding classification of e-waste, packaging, vehicles and other harvesting equipment; <BR> <BR> (g) whether the establishment due to fire prevention, explosion, chemical spills and other pollution incidents caused by sudden environmental emergency response mechanisms .. .<BR> <BR> Article VII is responsible for approving environmental impact assessment documents the people's governments above the county level environmental protection administrative department shall meet the following requirements in time units (including individual industrial and commercial households), included dismantling e-waste disposal units used ( .including individual industrial and commercial households) temporary directory, and to the public: <BR> <BR> (a) the industrial and commercial registration formalities according to law, obtaining a business license; <BR> <BR> (b) of the construction project environmental protection measures by the Environmental Protection .administrative departments of acceptance. .<BR> <BR> Responsible for approving the environmental impact assessment documents the people's governments above the county level administrative department of environmental protection, not more than twice on the last three years (including two) in violation of environmental laws, regulations and provisions of the following is not the way .violations included in the provisional list of units (including individual industrial and commercial households), included in the use of e-waste disposal unit dismantling (including individual industrial and commercial households) list, to be published and periodically adjusted: <BR> <BR> (a) more than the national .or local standards for pollutant discharge of pollutants discharged; <BR> <BR> (b) of the random dumping of solid waste generated by stacking or liquid waste; <BR> <BR> (c) will not completely disassembled .use or disposal of electronic waste to supply or entrust included in the list and have the appropriate scope of dismantling the use disposal units (including individual industrial and commercial households) to units or individuals engaged in the dismantling, utilization and disposal activities; <BR> < .BR> (d) environmental monitoring data, operation records falsification. .<BR> <BR> More than twice last three years (including two) in violation of environmental laws, regulations and provisions of paragraph two of the methods listed in offense record, and its legal representative or individual business operators .those new dismantling, utilization and disposal of electronic waste management companies or individual businesses, not included in the list. .<BR> <BR> Directory (including the provisional list) shall specify the units (including the individual business) name, legal representative or individual business operators, home and business scope. .<BR> <BR> Prohibit any individual and not included in the list (including the provisional list) units (including individual industrial and commercial households) are engaged in dismantling, utilization and disposal of electronic wastes. .<BR> <BR> Article VIII concentrate on building dismantling e-waste disposal area used should be strictly planning, in line with the State Environmental Protection Administration formulated the relevant technical specifications. .<BR> <BR> Article IX in the dismantling, utilization and disposal of e-waste activities in the unit (including individual industrial and commercial households) should be in accordance with the requirements of environmental protection measures acceptance of routine periodic monitoring of pollutant emissions. .<BR> <BR> Engaged in dismantling, utilization and disposal of e-waste activities in the unit (including individual industrial and commercial households) should be in accordance with the operation logbook system for e-waste requirements, accurately record the source of each batch of e-waste, type, weight or volume .to collect (receive), dismantling, utilization, storage and treatment time; transporter's name and address; not fully disassembled, use or disposal of electronic waste and solid waste or liquid waste type, weight or quantity and whereabouts .. .<BR> <BR> Operation monitoring report and record book shall be kept for three years. .<BR> <BR> Article in dismantling, utilization and disposal of e-waste activities in the unit (including the individual business), shall be inspected and accepted the training system and the planned training. .Article XI <BR> <BR> dismantling, utilization and disposal of electronic waste, shall comply with the relevant State Environmental Protection Administration to develop e-waste pollution prevention standards, technical specifications and technical policy. .<BR> <BR> Prohibit the use of backward technology, processes and equipment dismantling, utilization and disposal of electronic waste. .<BR> <BR> Prohibits open burning of electronic wastes. .<BR> <BR> Prohibit the use of cupola furnaces and other equipment simple reflex simple acid leaching process and the use and disposal of electronic waste. .<BR> <BR> Prohibit direct landfill disposal of electronic waste. .<BR> <BR> Dismantling, utilization and disposal of electronic waste should be carried out in a special workplace. .The workplace should be taken in rain, the ground leakage measures and facilities for collecting leaking fluid. .Dismantling e-waste, should first lead-acid batteries, nickel cadmium batteries, mercury switches, cathode ray tubes, PCB capacitors, cooling agent to remove and separate collection, storage, use and disposal. .<BR> <BR> Storage of electronic waste should be taken to prevent breakage or other causes of toxic and hazardous substances in electronic waste leakage measures. .Broken cathode ray tube should be stored in a covered container. .E-waste storage shall not exceed one year. .<BR> <BR> Article XII of the people's governments above the county level the right to request the administrative department of environmental protection dismantling, utilization and disposal of electronic waste to regularly report on electronic waste management activities. .<BR> <BR> People's governments above the county level environmental protection administrative department shall, by written means of verification and spot checks carried out supervision and inspection, and supervision and inspection and the results be recorded, signed by the supervisors and inspectors archive. .Supervision and inspection and monitoring of not less than once a year. .<BR> <BR> People's governments above the county level environmental protection administrative department of environmental protection measures found inconsistent with the conditional acceptance, the circumstances are minor, may order the rectification period; by the timely rectification did not cause harmful consequences can not be .punishment. .<BR> <BR> Before the implementation of Article XIII of this approach have been engaged in the dismantling, utilization and disposal of e-waste activities in the unit (including individual industrial and commercial households), with the following conditions may, in this way within 120 days from the date of implementation, in accordance with .the provisions hereof, to the local districts and local governments above the municipal environmental protection administrative department for approval included in the provisional list, and provides the following relevant documents: <BR> <BR> (a) the industrial and commercial registration formalities according to law .to obtain a business license; <BR> <BR> (b) Environmental protection administrative department of environmental protection facilities have been completed acceptance; <BR> <BR> (c) have been met, or after the rectification conform to the acceptance of environmental protection measures required .conditions can be achieved by dismantling e-waste disposal and management requirements of environmental protection technical specifications; <BR> <BR> (d) pollutant emissions and solid waste generated or the use or disposal of liquid waste facilities comply with environmental protection when the final acceptance .requirements. .<BR> <BR> Districts and local governments above the municipal environmental protection administrative department shall accept the application within 20 working days from the date on the applicant to review evidence submitted, and the applicant's operating facilities .on-site verification, eligible, included in the provisional list, and make an announcement; do not meet the conditions, notify the applicant in writing and explain the reasons. .<BR> <BR> Three years included in the provisional list of the operating period, and conform to the conditions set out in the second paragraph of Article VII, included in the list. .Related party liability <BR> Chapter <BR> Article XIV electronic products, electrical and electronic equipment producers should be based on relevant laws, administrative regulations or rules, restrict or eliminate toxic and harmful substances in products or equipment used in .. .<BR> <BR> Electrical and electronic products, electrical and electronic equipment producers, importers and sellers, according to state regulations should be publicly products or equipment containing lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBB), and more .polybrominated diphenyl ethers (PBDE) and other toxic substances, and the improper use or disposal may impact on the environment and human health information, products or equipment discarded after the use of environmentally sound disposal method, or prompt. .<BR> <BR> Electrical and electronic products, electrical and electronic equipment producers, importers and sellers should be established according to relevant state regulations recovery systems, recycling waste products or equipment, and environmentally sound way responsible for the storage, use or .disposal. .<BR> <BR> Article XV of the following circumstances, e-waste should be included in the list provided or entrusted to (including the temporary directory) with the appropriate scope of dismantling the use disposal units (including individual industrial and commercial households) for .dismantling, use or disposal: <BR> <BR> (a) the units produce industrial electronic waste, not their own in an environmentally sound manner at the use or disposal; <BR> <BR> (b) Electronics .products, electrical and electronic equipment producers, sellers, importers, users, renovation or maintenance person, then the manufacturer, waste electrical and electronic products, electrical and electronic equipment; <BR> <BR> (c) dismantling the use disposal units .(including individual industrial and commercial households), can not be completely disassembled, use or disposal of electronic waste; <BR> <BR> (d) The administrative departments in the administrative activities, according to the collection of illegal production or import of electronic products, .dismantling of electrical and electronic equipment needed, the use or disposal. .<BR> <BR> Article XVI of electronic waste generated industrial unit shall record the electronic waste generated by industry type, weight or quantity of their own or entrust a third party storage, dismantling, use, disposal, etc.; and according to the location .local people's governments above the county level environmental protection administrative departments to provide the type of e-waste, resulting in volume, flow, disassemble, use, storage, disposal and other relevant information. .<BR> <BR> Record information should be kept for three years. .<BR> <BR> Article XVII in the form of the transfer machine with lead-acid batteries, nickel cadmium batteries, mercury switches, PCB capacitors cathode-ray tube and the waste electrical and electronic products, electrical and electronic equipment, or hazardous waste electronic ., for "Solid Waste Pollution Prevention Law," the provisions of Article Three. .<BR> <BR> The transfer process should be taken to prevent the waste electrical and electronic products, electrical and electronic equipment broken or measures. .Chapter XVIII <BR> penalties <BR> people's governments above the county level environmental protection administrative department in violation of the provisions of these Measures, fails to perform its regulatory functions, and by the people's government or superior environmental protection administrative department may order .corrections; the responsible person in charge and other directly responsible personnel, according to the relevant provisions of the State be given administrative sanctions; constitutes a crime shall be prosecuted for criminal liability. .<BR> <BR> Violation of the provisions of Article XIX provides that refusal on-site inspection by the people's governments above the county level according to the administrative department of environmental protection, "Solid Waste Pollution Prevention Law" shall be imposed; refuse to correct or check .fraud, a fine of 2,000 yuan more than 2 million fine; the circumstances are serious, but still not constitute criminal punishment, by the public security organs in accordance with "Public Security Administration Law" at the 5th detained more than 10 days; constitute a crime, according to the law .criminal prosecution. .<BR> <BR> Diershitiao violation of these rules, any individual or not included in the list (including the provisional list) units (including individual industrial and commercial households) are engaged in dismantling, utilization and disposal of e-waste activities, in accordance with the following provisions shall be .Punishment: <BR> <BR> (a) environmental protection measures without the acceptance by the approval of the construction project environmental impact assessment documents the people's government according to the administrative department of environmental protection, "Construction Project Environmental Protection Management Regulations" shall be ordered to stop the dismantling .the use and disposal of e-waste activities, and may be fined 100,000 yuan; <BR> <BR> (b) without a business license by the administrative department for industry and commerce according to "investigate and deal with unlicensed operation against measures" shall be banned, confiscated .specifically for use in the unlicensed operation of tools, equipment, raw materials, products, property, and impose more than 5 million 50 million fine. .Article <BR> <BR> a violation of these rules, one of the following acts, the local people's governments above the county level environmental protection administrative department shall order rectification, impose a 3 million fine: <BR> < .BR> (a) will not completely disassembled, use or disposal of electronic waste to supply or entrust included in the list (including the provisional list) and has a range of dismantling the appropriate use of disposal of business units (including individual industrial and commercial households), or units other than .individuals engaged in the dismantling, utilization and disposal activities; <BR> <BR> (b) dismantling, utilization and disposal of electronic waste does not comply with the relevant e-waste pollution prevention standards, technical specifications and technical policy requirements, or in violation of the .Regulations prohibited technologies, processes, equipment requirements; <BR> <BR> (c) The storage, dismantling, utilization and disposal of electronic waste does not meet the requirements of the workplace; <BR> <BR> (d) is not .operation of the required records, daily environmental monitoring data, e-waste generated by industry and other relevant circumstances, or environmental monitoring data, operation records fraudulent; <BR> <BR> (e) Failing to plan training systems and training .; <BR> <BR> (f) storage of e-waste more than one year. .<BR> <BR> List included twenty-two (including the temporary directory) units (including individual industrial and commercial households) in violation of "Solid Waste Pollution Prevention Law" and other relevant laws, administrative regulations, one of the following acts, .in accordance with relevant laws and administrative regulations shall be punished: <BR> <BR> (a) without close, leave idle or dismantle pollution control facilities, sites; <BR> <BR> (b) safe disposal measures are not taken, at random dumping .piling of solid waste generated or liquid waste; <BR> <BR> (c) solid waste or liquid waste causing the scattering, loss, leakage or other environmental pollution and other environmental violations; <BR> <BR> .(d) does not properly use the pollution control facilities. .<BR> <BR> In the preceding paragraph the first, second, the third act, were based on "Solid Waste Pollution Prevention Law," the sixty-eighth article, a fine of 10,000 yuan more than 10 million fine; .The fourth act in the preceding paragraph, according to "Water Pollution Prevention Law," "Air Pollution Prevention Law" shall be punished. .<BR> <BR> Included in the list of Article three (including the temporary directory) units (including individual industrial and commercial households) in violation of "Solid Waste Pollution Prevention Law" and other relevant laws and administrative regulations have caused solid waste or liquid waste .serious pollution of the environment of the following circumstances, the local people's governments above the county level according to the administrative department of environmental protection, "Solid Waste Pollution Prevention Law" and "the State Council on Implementing the Scientific Concept of Development and Strengthening Environmental Protection" requirement, order the violator to .within three months of their treatment, limiting the production of emission limits, and shall not increase the total discharge of pollutants construction projects; overdue complete the task shall be ordered to suspend production for rectification within three months; accomplish the task overdue .reported to the approval by the people's government shut down: <BR> <BR> (a) endanger drinking water sources; <BR> <BR> (b) of the groundwater or soil heavy metal pollution; <BR> <BR ."(c) the scattering of hazardous waste, loss, leakage caused by environmental pollution; <BR> <BR> (d) loss of function caused by the environment can not restore the environment to the original state; <BR> <BR> (e) other causes of solid .waste or liquid waste causes serious environmental pollution situation. .<BR> <BR> People's governments above the county level twenty-four administrative departments of environmental protection found in violation of the provisions of the act, in accordance with relevant laws, regulations and the provisions hereof shall be the administrative department for industry and commerce or the exercise of administrative penalties for public security organs .rights, shall be transferred to the competent authorities shall be punished according to law. .<BR> <BR> Chapter V Supplementary Provisions Article five of the approaches of the following terms: <BR> <BR> (a) of the e-waste, refers to the waste electrical and electronic products, electrical and electronic equipment (hereinafter referred to as product or .equipment) and waste parts, components and relevant departments under the State Environmental Protection Administration in conjunction with the items included in e-waste management, material. .Including industrial production activities of the discarded products or equipment, scrap of semi-finished products and waste, products or equipment maintenance, refurbishment, re-manufacturing process produces scrap, daily life, or to provide services for everyday life activities of waste products or equipment ., and the laws and regulations prohibit the production or import of products or equipment. .<BR> <BR> (B) industrial electronics waste is generated in the industrial production of electronic waste, including maintenance, refurbishment and re-manufacturing industrial units and the disposal of electronic waste dismantling the units used (including individual industrial and commercial households) .activities and related activities in the production of e-waste generated. .<BR> <BR> (C) electronic hazardous waste is included in the national list of hazardous waste or hazardous waste in accordance with state standards and identify methods of identification for e-waste has hazardous characteristics. .Including those with lead-acid batteries, nickel cadmium batteries, mercury switches, PCB capacitors cathode-ray tubes and other products or equipment. .<BR> <BR> (D) dismantling, refers to the use, storage or disposal for the purpose of the way through the manual or mechanical removal of electronic waste, the disintegration of activities; does not include products or equipment maintenance, refurbishment, re-manufacturing process .The demolition activities. .<BR> <BR> (E) the use of means to extract material from the e-waste as raw material or fuel activities, products or equipment does not include maintenance, refurbishment and re-manufacturing. .Twenty-six of the way <BR> <BR> since February 1, 2008 shall come into force. .<BR> <BR>.