The new Solid Waste Law is about to be introduced: a fine of 1 million yuan and mandatory shutdown will become the norm!

Network optimization hazardous waste environmental assessment Internet October 2019

The Ministry of Ecology and Environment is about to release the revised Solid Waste Pollution Prevention and Control Law of the People's Republic of China, which has attracted widespread attention. In addition to adding a producer responsibility extension system and a garbage classification system, the revised bill also revised specific penalties, increasing fines for multiple illegal acts to 1 million yuan, and further increasing the cost of illegal activities for printing and packaging enterprises.

It should be pointed out that the revised Solid Waste Law has added multiple aspects such as pollutant discharge permit system, environmental protection tax, and environmental liability insurance, and reiterated the ban on "foreign garbage". In addition, the revised bill also adds provisions on regional cooperation to coordinate the construction of regional hazardous waste centralized disposal facilities. The new law is expected to be officially introduced in early 2019.

2be77b2fb6f8b0418ca995275a81fc83.jpg

The current Solid Waste Law has been implemented since 1996 and underwent significant revisions for the first time in 2004. This is the second significant revision of the Solid Waste Law in 22 years of implementation. It is reported that the revised draft of the Solid Waste Law consists of six chapters and 102 articles, of which 50 articles have been modified (excluding the provision that only modifies "environmental protection" to "ecological environment"), 14 articles have been added, and 4 articles have been deleted.

The revised draft strengthens the main responsibility of producers and emphasizes that solid waste producers are the primary responsible persons for solid waste management. The draft also proposes an "extended producer responsibility system" to absorb and solidify the management experience of waste electrical and electronic products, encourage producers to carry out ecological design, establish recycling systems, and promote resource recycling and utilization.

It is worth mentioning that the revised draft has revised the penalties for some illegal acts, increasing the fines for multiple illegal acts to 1 million yuan, and adding corresponding penalties for some behaviors that did not have specific penalties in the past.

The main changes related to fines in the revised draft of the Solid Waste Law are:

illegal activities

Current legal penalties

Revised draft penalties

Enterprises that generate, utilize, and dispose of solid waste fail to timely disclose information on the generation, utilization, and disposal of solid waste in accordance with relevant national regulations;

nothing

Fines ranging from 10000 to 100000 yuan

Failure to obtain a pollutant discharge permit in accordance with the law, ｏｒ failure to manage industrial solid waste ｏｒ hazardous waste generated in accordance with the requirements of the pollutant discharge permit;

nothing

Fines ranging from 20000 to 200000 yuan

The producer of industrial solid waste entrusts others to transport, utilize, and dispose of solid waste, and the entrusted party's transportation, utilization, and disposal behavior violates relevant national environmental management regulations.

nothing

Fines ranging from 10000 to 100000 yuan will be imposed on the producers of industrial solid waste and the entrusted parties respectively

Not setting up hazardous waste identification signs;

Fines ranging from 10000 to 100000 yuan

Fines ranging from 20000 to 200000 yuan

Not developing a hazardous waste management plan in accordance with national regulations;

nothing

Fines ranging from 20000 to 200000 yuan

Illegal discharge, dumping, and disposal of hazardous waste;

nothing

A fine of 100000 to 1 million yuan

Providing ｏｒ entrusting hazardous waste to unlicensed units for business activities;

Fines ranging from 20000 to 200000 yuan

A fine of 100000 to 1 million yuan

Not filling out the hazardous waste transfer manifest in accordance with national regulations ｏｒ transferring hazardous waste without approval;

Fines ranging from 20000 to 200000 yuan

A fine of 100000 to 1 million yuan

Mixing hazardous waste with non hazardous waste for storage;

Fines ranging from 10000 to 100000 yuan

Fines ranging from 20000 to 200000 yuan

Collecting, storing, transporting, and disposing of hazardous waste with incompatible properties without proper safety measures;

Fines ranging from 10000 to 100000 yuan

Fines ranging from 20000 to 200000 yuan

Failure to develop preventive measures and emergency plans for hazardous waste accidents.

Fines ranging from 10000 to 100000 yuan

Fines ranging from 20000 to 200000 yuan

The cost of solid waste treatment for polluting enterprises has increased significantly

For the paint industry, solid waste treatment is also one of the key focuses of environmental transformation. The use of coatings for barrier layer application ｏｒ painting, as well as the waste generated during the painting process, are considered hazardous waste. The definition of hazardous waste in the Solid Waste Pollution Prevention and Control Law of the People's Republic of China refers to solid waste that is included in the National Hazardous Waste List ｏｒ identified as having hazardous characteristics according to the national hazardous waste identification standards and methods. Therefore, the ways of solid waste management in the paint industry, such as solid waste treatment, waste packaging treatment, and waste paint treatment, are worth exploring in depth.

It is reported that the state stipulates that solid waste generated by enterprises must be handed over to third parties with processing qualifications for treatment. However, currently in China, the processing capacity of waste treatment companies is limited and their level varies. What is even more headache inducing is that the number of institutions that can provide waste disposal qualification certification by the government is limited. Although various regions are actively expanding their waste disposal capabilities, there is still a serious shortage of production and demand. Some companies cannot find suitable third parties to dispose of waste for 3-5 months every year. And the processing cost pressure is very high, especially in some southern cities where the cost of transferring and incinerating hazardous waste can even reach 15000 yuan/ton.

Researchers in environmental solid waste technology believe that "insufficient technological support, lack of basic research, and unclear identification institutions and procedures for hazardous waste are all reasons for the soaring cost of solid waste treatment." Last year, the cost of disposing of one ton of waste oil drums in the Guangdong market was around 1000 yuan/ton; It has doubled compared to the previous year.

Common knowledge about solid waste management

The setting of hazardous waste identification signs: There are international regulations on signs ｏｒ labels, please refer to the "Environmental Protection Graphic Signs" (GB 15562.2), "Pollution Control Standards for Hazardous Waste Storage" (GB 18597), and the warning sign outside the hazardous waste warehouse door~

e364ddeffa3a959bbdbcd6a348adc2bf.jpg 

Its size and color are specified. An equilateral triangle (with a side length of not less than 40cm) with a yellow background and a black shape. The main purpose of its setting is to serve as a warning, so it must be conspicuous——

The label posted on the hazardous waste packaging container is as follows:

0a32ce841bc56dc867eb7f7492dc7d83.jpg 

The categories of hazardous waste in the above table are labeled ｏｒ printed according to the actual situation, including:

c3c77c8b9a3fd7e797a031db6ed68dcf.jpg 

Summary and Solutions to 38 Common Hazardous Waste Issues in Enterprises!

1、 The setting of hazardous waste storage facilities should meet the following requirements:

1. The hazardous waste storage facility follows the principles of anti scattering, anti loss, and anti leakage.

2. At the entrance of hazardous waste storage facilities, prominently display the words "Hazardous Waste Storage Warehouse" (yellow background with black letters, 30cmx15cm rectangular shape) and set up hazardous waste warning signs.

3. The responsibility system for environmental pollution prevention and control should be put on the wall.

4. The production process flowchart should be displayed on the wall, and the hazardous waste generation stages should be marked in the diagram.

5. Create a hazardous waste inventory.

6. A cofferdam, diversion channel, and anti-seepage measures should be installed at the entrance of the hazardous waste storage facility.

7. Hazardous waste should be classified and stored in different zones, and clear zone markings should be set between types, such as setting up fences ｏｒ drawing zone lines on the ground. Post labels on the walls of each storage area and on each type of item.

8. A scale should be placed in the hazardous waste storage facility and a scale label should be posted on the wall. Place the fire extinguisher.

9. Place the inventory ledger in the hazardous waste warehouse.

There are no special requirements for the construction of hazardous waste storage facilities on the upper floors of buildings facing the street. The key is to facilitate the storage and transportation of hazardous waste. Specific requirements refer to the "Pollution Control Standards for Hazardous Waste Storage" GB18597-2001 (revised in 2013).

2、 Collection of Environmental Protection Issues of Enterprises in the Park:

1) Our company just signed a hazardous waste disposal contract and went to the Environmental Protection Bureau for filing. They refused to file it and said it was not included in the environmental impact assessment. What's going on?

Answer: Some enterprises need to conduct "environmental protection three simultaneities" ｏｒ supplement environmental impact assessments due to changes in processes, equipment, ｏｒ products. In 2017, the new "Environmental Impact Assessment Law" was implemented with reference to the "Regulations on Environmental Protection Management of Construction Projects". If the storage pile cannot fit, they also need to go to the district environmental protection bureau to make a situation statement and management plan. After online filing, it can be transferred.

2) Our company was recently inspected by the Environmental Protection Bureau, and they asked us to provide a laboratory hazardous waste ledger. What documents are required for this ledger.

Answer: Laboratory hazardous waste needs to be registered from procurement, warehousing, requisition, and remaining disposal, with the date and registrant indicated. The basic elements include name, quantity, packaging, requisition purpose, requisition date, waste quantity, disposal date, and manager.

3) Recently, the company has installed new VOCs equipment that uses activated carbon adsorption. According to the environmental impact assessment, waste activated carbon is classified as hazardous waste. Do you need any special precautions?

Answer: Activated carbon needs to be replaced regularly, and a record of replacement should be kept; In addition to the production estimate based on the environmental impact assessment, it is necessary to regularly monitor whether the exhaust emission data meets the standards, especially in the chemical, printing, and painting industries; The contract for the disposal of waste activated carbon requires an annual transfer manifest.

4) Is some expired water-based paint in the company hazardous waste?

Answer: According to the "National Hazardous Waste List", it is clearly classified as hazardous waste, with the code 900-299-12. Ink, dye, pigment, and paint that are ineffective, deteriorated, unqualified, eliminated, ｏｒ counterfeit during production, sales, and use.

5) Is water-based paint no longer classified as hazardous waste?

Answer: Waste that has already been classified as hazardous waste in the preliminary environmental impact assessment ｏｒ generated by new processes cannot be disposed of arbitrarily and needs to go through a re identification process; Regarding some companies that dispose of their products without appraisal, if heavy metals ｏｒ harmful substances such as xylene and ethylene are found to exceed the standard in the future, the companies will be fully responsible.

6) We have already filled the volume of hazardous waste registration this year, but the hazardous waste disposal unit is not shipping. I need to find a new disposal unit. Can I register again?

Answer: Yes, we have two such companies on our platform, one in Minhang and the other in Qingpu. They have explained to the Environmental Protection Bureau, signed a new disposal contract, filed a new record, and submitted a new joint statement. The Environmental Protection Bureau will cancel the previous record.

7) Our company has a very small amount of hazardous waste, and there are not many kilograms in a year. Can we not dispose of it every year?

Answer: Article 58, Paragraph 2 of the Solid Waste Pollution Prevention and Control Law of the People's Republic of China states that protective measures that comply with national environmental protection standards must be taken for the storage of hazardous waste, and shall not exceed one year; If it is necessary to extend the deadline, approval must be obtained from the environmental protection administrative department that originally approved the business license; Except as otherwise provided by laws and regulations. You can actually apply for an extension from the environmental protection department.

8) What other compliant treatment providers are available for empty barrels of lubricating oil and oil, as well as empty barrels of alkaline cleaning agents, besides handing them over to hazardous waste treatment companies for disposal?

Answer: Regarding the issue of determining the properties of packaging materials and containers containing ｏｒ directly contaminated with hazardous waste used for their original purposes, the reply to the Environmental Protection Bureau Political and Legal Letter [2017] No. 573 clearly states that "packaging materials and containers containing ｏｒ directly contaminated with hazardous waste used for their original purposes refer to packaging materials and containers that are recycled and reused by the original owner for packaging ｏｒ containing the hazardous waste." The aforementioned "original owner" refers to the enterprise, institution, ｏｒ other production and operation unit that originally produced the packaging materials and containers. Suppliers and distributors have a hazardous waste business license and hand over the recycled packaging materials and containers containing ｏｒ directly contaminated with hazardous waste to the enterprise, institution, ｏｒ other production and operation unit that originally produced the packaging materials and containers for reuse for their original purposes. It can be regarded as the original owner.

So why are manufacturers and sellers not recycling now? Because there is no hazardous waste management license and it cannot be used for its original purpose (the MSDS of each type of paint is different, how can it be used for its original purpose?). The platform recommends not burning it and will connect with the utilization and disposal company for you. The lowest price is 3000 yuan/ton, and it can be disposed of in compliance with laws and regulations.

3、 Common problems with hazardous waste:

1) Is the storage of hazardous waste standardized and not allowed to be piled up outdoors;

2) Is the storage location and packaging of hazardous waste clearly and correctly labeled;

3) Whether the self built hazardous waste treatment facilities are operating normally;

4) Some companies do not have clear and detailed records of hazardous waste;

5) Whether hazardous waste is effectively classified;

6) Whether the declaration and implementation of the joint form system for the dynamic management of hazardous waste related information have been completed on time.

4、 What are the contents of solid waste inspection:

1. Check whether the temporary storage, treatment, and disposal sites for hazardous waste are located in nature reserves, scenic spots, drinking water source protection areas, basic farmland protection areas, and other areas that require special protection, whether they meet relevant site selection requirements, and whether they comply with laws and regulations.

2. Check whether the polluter dumps solid waste to rivers, lakes, canals, canals, reservoirs and beaches and bank slopes below the highest water level and other places where dumping is prohibited by laws and regulations. For the storage, treatment, and disposal of hazardous waste.

3. Check whether the hazardous waste temporary storage site is equipped with facilities that meet environmental protection requirements.

4. Hazardous waste such as toxic and harmful solid waste should be stored in dedicated areas and must have prevention and control measures such as anti scattering, anti loss, and anti leakage.

5、 Solid waste transfer:

1) Check the transfer of solid waste;

2) Check whether the hazardous waste transfer manifest is filled out for the transfer of hazardous waste. And with the consent of the environmental protection department of the local people's government at ｏｒ above the city level in the community where the relocation is located, and after consultation with the environmental protection department of the local people's government at ｏｒ above the city level in the community where the relocation is located.

3) Check the sludge disposal contract, sludge transportation weighing records, etc., to determine whether the amount of sludge generated is reasonable.

4) Environmental protection signs: Hazardous waste signs must be set up.

da21f05e976f5ccf59980749bcf6cb5a.jpg 

6、 How should enterprises do a good job in solid waste treatment:

According to national and local environmental protection laws and regulations, units that generate hazardous waste must centralize the treatment of hazardous waste, assign dedicated personnel to collect and manage it, set up specialized containers for storage of hazardous waste to be transported, and hand over hazardous waste to qualified units for collection, transportation, treatment, and disposal.

1) Reduction, resource utilization, and harmlessness of hazardous waste

According to the policy on hazardous waste pollution prevention and control technology, construction units should reduce, resource and harmlessly treat hazardous waste. Minimize and prevent the generation of hazardous waste as much as possible; Efforts should be made to recycle and reuse the hazardous waste generated, in order to reduce the amount of hazardous waste treatment and disposal; Hazardous waste that cannot be recycled ｏｒ resourceful shall be entrusted to qualified units for treatment and disposal. The Solid Waste Law and other laws and regulations prohibit the provision ｏｒ commissioning of hazardous waste to unlicensed units for collection, storage, utilization, and disposal activities. Cannot be incinerated, buried, etc. The hazardous waste of the project should be entrusted to a professional unit with a hazardous waste operation license for disposal, and the procedures and systems should be followed.

2) Hazardous waste collection: Hazardous waste needs to be collected in specialized containers and classified according to its composition. The classification and collection of hazardous waste must be combined with comprehensive utilization and treatment and disposal. The containers for transporting hazardous waste should be designed according to the different characteristics of various hazardous wastes, which can effectively prevent leakage and diffusion. Containers containing hazardous waste must be labeled with detailed information on the name, weight, composition, and characteristics of the hazardous waste.

3) The location of hazardous waste temporary storage sites should be reasonable, and there should be anti-corrosion, anti-seepage, and leak proof measures, as well as waste gas and wastewater collection facilities;

4) The packaging materials of hazardous waste cannot be miscible ｏｒ reactive with hazardous waste;

5) Enterprises need to have labels and markings that comply with regulations, and are not allowed to dump ｏｒ pile up hazardous waste without authorization;

6) Before transferring hazardous waste, enterprises must promptly complete the relevant information declaration of the hazardous waste dynamic management information system; Before the transport personnel leave the vehicle, they should obtain a waste information sheet (card), clarify the types and quantities of hazardous waste that need to be transported, and prepare for transportation, such as packaging materials and protective equipment. Before loading hazardous waste onto trucks, the types, labels, and sealing conditions of the packaging materials should be checked and verified according to the information sheet (card). The received waste should be confirmed to meet the packaging and transportation requirements before being accepted. Hazardous waste of the same type should not be mixed for transportation. In special circumstances where mixed transportation is required, effective isolation measures should be taken. Vehicles transporting hazardous waste should strictly comply with the requirements of laws and regulations on the transportation of dangerous goods, and, where possible, bypass major streets, residential areas, rehabilitation areas, drinking water source protection areas, nature reserves, etc. in the city.

7) Enterprises need to have clear and detailed ledgers; The execution status of the seven document form requires the enterprise to have complete transfer procedures for the exchange and transfer of hazardous waste. (Partial chart source: Fengxian Environmental Protection)

Note: From the "Clean up Action" to the revision of the Solid Waste Law, from environmental inspections to the second batch of "looking back", solid waste has become one of the key areas of national environmental protection work, surpassing its previous "obscurity" in environmental protection work. It can be foreseen that the environmental pressure faced in the future will continue to increase. Refer to the following practical case:

In February 2018, law enforcement officers from the Zhuhai Environmental Protection Bureau discovered during an inspection that there were some suspicious iron and plastic barrels stored in the original shrimp farm building of Group 6, Jinding Shangzha, Tangjiawan Town, High tech Zone. The labels on the iron barrels were labeled as hazardous waste, but the building was not set up according to the regulations for hazardous waste storage sites, did not have hazardous waste identification labels, and was not supervised by personnel.

Law enforcement officers immediately launched an investigation to find the unit that piled up hazardous waste. After visiting, investigating, and collecting evidence on site, Emerson Electric (Zhuhai) Co., Ltd. was identified. It was found that the company generated hazardous waste such as waste silicone oil, waste alcohol, resin containing waste, and waste black glue during the production process, but did not transfer them in a timely manner, resulting in insufficient storage space in the company's hazardous waste storage site. Therefore, a factory building was rented in the original shrimp farm area of Shangzha Group 6 to store hazardous waste.

Punishment result:

Law enforcement officers immediately requested the person in charge of Emerson Electric (Zhuhai) Co., Ltd. to confirm at the hazardous waste disposal site and demanded that the company immediately transfer the hazardous waste stored there to a designated location.

Due to the illegal act of the company renting a factory building as a hazardous waste storage site without setting up hazardous waste identification signs, law enforcement officers issued a decision to rectify the illegal behavior and filed a case for handling.

Emerson Electric (Zhuhai) Co., Ltd. is suspected of violating Article 52 of the Solid Waste Pollution Prevention and Control Law of the People's Republic of China. According to Article 75 (1) (1) and (2) of the Solid Waste Pollution Prevention and Control Law of the People's Republic of China and Article 6 (3) (1) and (2) of the Zhuhai Environmental Protection Bureau's Discretionary Standards for Common Environmental Violations, an administrative penalty of RMB 60000 will be imposed on the company.

If the relevant units cannot deeply learn from it, the severity of accountability will only strengthen, not weaken!

Source | Internet Quality Hazardous Waste