CHINA Law and Practice Contributed by: Rongliang Wu, Mei Wan, Qirong Huang and Xueqi Huang, Jin Mao Law Firm
standard sets out practical occupational disease pre- vention measures and operating procedures to curb asbestos dust emissions and control dust pollution during asbestos-related work, based on occupational health monitoring. PCBs China stopped manufacturing power capacitors with PCBs in 1974. In August 1979, it ruled that electri- cal equipment using PCBs as a medium would no longer be imported; any necessary imports must be approved by the State Council’s competent depart- ment. In 1991, China issued the Regulations on Prevent- ing PCB Electrical Equipment and Its Waste From Polluting the Environment and the Control Standard on PCBs for Waste Slags (replaced by the Standard for Pollution Control on PCB-Contaminated Waste in 2017). These standards specify the types of PCB-con- taining waste and environmental protection require- ments for its entire lifecycle, including cleaning, col- lection, packaging, transportation, temporary storage, storage and harmless treatment. Since 1998, China has classified PCB waste as haz- ardous waste for strict control. 15. Waste 15.1 Key Laws and Regulatory Controls The key laws and regulations on waste management in China are: • the Law of Prevention and Control of Environmen- tal Pollution Caused by Solid Waste; • the Law on the Promotion of a Circular Economy; • the Regulations on the Management of Medical Waste; and • the Measures for the Management of Hazardous Waste Business Licences. Depending on waste type and harmfulness, the Law of Prevention and Control of Environmental Pollution Caused by Solid Waste sets requirements for industri- al solid waste, domestic garbage, construction waste, agricultural solid waste and hazardous waste pollution
prevention, and stricter management and punishment of industrial solid waste and hazardous waste pollu- tion. Many local governments have issued regulations on the management of domestic garbage. These regula- tions set requirements for the classification, collection, transportation and disposal of domestic garbage. 15.2 Retention of Environmental Liability According to Article 36 of the Law of Prevention and Control of Environmental Pollution Caused by Solid Waste, industrial solid waste generators must set up a full-process pollution prevention responsibility sys- tem – covering waste generation, collection, storage, transportation, utilisation, and disposal. Generators must verify the qualification and technical capacity of the entrusted party (for waste handling) and sign a written contract. The contract must specify pollution prevention responsibilities and liability con- sequences for all parties. If a generator fails to verify the entrusted party’s tech- nical capacity, or fails to include pollution prevention requirements in the contract, it will face administra- tive penalties. It will also bear joint liability with the entrusted party if environmental pollution or ecological damage occurs. In China, mandatory design rules only apply to spe- cific products. For electrical and electronic products listed in the Waste Electrical and Electronic Products Treatment Catalogue, producers and importers must design products to support resource reuse and harm- less treatment (using recyclable, low-hazard materials) and consider disassembly, reassembly and end-of-life collection. For products not in the Catalogue, such design obligations are mostly voluntary or guided, not mandatory. Circumstances for Mandatory Take-Back, Recovery, Recycling or Disposal Producers must handle waste goods in three key sce- narios: 15.3 Circular Economy Requirements Design Requirements for Disassembly, Reassembly and End-of-Life Collection
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