Letter from the General Office of the Ministry of Ecology and Environment

Huan Ban Soil Letter [2018] No. 266

Notice on Resolutely Curbing the Illegal Transfer and Dumping of Solid Wastes and Further Strengthening the Supervision of the Whole Process of Hazardous Wastes

The environmental protection departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, and the Environmental Protection Bureau of Xinjiang Production and Construction Corps:

In order to implement the spirit of the important instructions of the central leading comrades, severely crack down on illegal transfer and dumping of solid waste, resolutely curb the high incidence of illegal transfer of solid waste, strengthen the supervision of the whole process of hazardous waste, and effectively prevent and control environmental risks, the relevant requirements are hereby notified as follows:

1. a deep understanding of the importance of curbing the illegal transfer and dumping of solid wastes and strengthening the supervision of the whole process of hazardous wastes

The prevention and control of solid waste pollution is an important field of ecological environment protection, an important link to improve the quality of ecological environment, and an important measure to protect the people's environmental rights and interests. Strengthening the disposal of solid waste and garbage is one of the outstanding environmental problems that the 19th National Congress of the Communist Party of China requires to solve. It is of great significance for the decisive victory in building a well-off society in an all-round way and fighting pollution prevention and control. At present, the illegal transfer, dumping, and disposal of solid waste in my country is still showing a high incidence. The central leaders attach great importance to it and the society pays great attention to it.

Ecological and environmental departments at all levels must be guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Party, improve political positions, effectively enhance the "four consciousnesses", and have a deep understanding of curbing the illegal transfer and dumping of solid waste. The importance of strengthening the supervision of the whole process of hazardous waste. In accordance with the overall requirements of provincial supervision, city and county implementation, severe crackdown, and strengthening supervision, implement the responsibilities of local people's governments at the city and county levels and departmental supervision responsibilities, with the goal of effective prevention and control of solid waste environmental risks, and focus on the prevention and control of hazardous waste pollution, Find out the generation, storage, transfer, utilization, and disposal of solid waste, especially hazardous waste; classify and scientifically dispose of all kinds of illegal dumping problems found, severely crack down on the illegal transfer of all kinds of solid waste in accordance with the law; comprehensively improve the utilization and disposal capacity of hazardous waste and the level of information supervision in the whole process, and effectively prevent environmental emergencies caused by the illegal transfer and dumping of solid waste, especially hazardous waste.

2. large-scale investigation of solid waste

(I) Comprehensive Disposal of Illegally Dumped Solid Wastes

The provincial ecological and environmental departments should urge the local people's governments at the city and county levels to focus on the areas along the river, river and lake, and organize special investigations on the illegal storage, dumping and landfill of solid waste; for the illegal dumping of solid waste found in the investigation, urge the local ecological and environmental departments, together with relevant departments, to organize verification, identification and classification, and determine the priority remediation list according to the degree of environmental risk, do a good job in the prevention and response of environmental emergencies involving hazardous waste; for hazardous waste, medical waste, general industrial solid waste with a weight of more than 100 tons and domestic waste with a volume of more than 500 cubic meters, urge local ecological and environmental departments to work with relevant departments to formulate rectification work plans according to the division of responsibilities and "1.1 policies. For the identified solid waste dumping sites, supervise the local people's governments at the city and county levels to quickly identify the source, implement relevant responsibilities, and complete the disposal work within a time limit; if the source cannot be identified, it should be properly disposed of; organize and carry out environmental damage assessment as needed jobs.

(II) a comprehensive survey of the sources and flows of hazardous wastes and general industrial solid wastes

Ecological and environmental departments at all levels shall, in conjunction with the second national pollution source census, work with relevant departments to conduct a comprehensive investigation of the generation of hazardous waste and general industrial solid waste in accordance with their duties, select key areas, key industries and key enterprises that generate large quantities, and establish a list by industry and type; Investigate the implementation of hazardous waste transfer orders and the flow of general industrial solid waste, focus on the main types of solid waste transferred across provinces, the amount of transfer and the main receiving places. For the final disposal destination is clear, spot check to verify the legality of the disposal method; for the final disposal destination is not clear, strictly trace the whereabouts, and investigate the main responsibility of the enterprise according to law.

(III) survey to assess hazardous waste and general industrial solid waste disposal capacity

Ecological and environmental departments at all levels shall, in conjunction with relevant departments, investigate the construction and operation of disposal facilities for hazardous waste and general industrial solid waste in accordance with their duties. Focus on areas with large solid waste generation, lack of disposal capacity, and prominent illegal transfer problems, investigate and evaluate the formulation and implementation of hazardous waste and general industrial solid waste disposal plans, as well as the matching of solid waste disposal capacity and production.

3. crack down on illegal transfer of solid waste

(I) the establishment of departmental and regional joint prevention and control mechanisms

All provincial ecological and environmental departments should strengthen communication and cooperation with public security, transportation and other departments, establish a multi-departmental information sharing and joint law enforcement mechanism, and timely share relevant information such as the approval of inter-provincial transfer of solid waste, the transfer of hazardous waste, the electronic waybill of hazardous goods (hazardous waste), and information on illegal transfer of hazardous waste, and regularly report the types, quantities and flow directions of hazardous waste transfer. Establish a regional joint prevention and control mechanism, strengthen communication and coordination, and jointly respond to transboundary solid waste pollution incidents.

(II) cooperates with relevant departments to crack down on environmental illegal and criminal activities of solid waste

Local ecological and environmental departments at all levels, in accordance with the industrial structure of the region, focus on the main types of hazardous waste in the region, carry out special law enforcement actions for the illegal transfer of hazardous waste, punish a batch, transfer a batch, and increase the environmental supervision of hazardous waste and the investigation and punishment of illegal acts Intensity.

Ecological and environmental departments at all levels should cooperate with public security and other departments, focus on hazardous waste, and continue to crack down on environmental violations and crimes of solid waste. Enterprises, intermediaries, carriers, and receivers that illegally collect, transfer, dump, and dispose of solid waste must be pursued to the end. Those suspected of committing crimes shall be severely punished in accordance with the "the People's Republic of China Environmental Protection Law" and other laws and regulations and the relevant provisions of the "two highs" judicial interpretations, we will crack down on a number of them, form a strong deterrent to the illegal and criminal activities of solid waste environment, and carry out compensation for ecological environment damage as needed.

(III) establish and improve the environmental protection reward reporting system

Ecological and environmental departments at all levels should investigate and verify the reporting clues involving solid waste through the "12369" environmental protection reporting hotline, letters and visits, and other channels one by one, so as to ensure that "everything has its place, and every case has an answer". Encourage the illegal transfer, dumping, and disposal of solid waste as key rewards and reports, increase the enthusiasm of the public and social organizations to participate, and strengthen social supervision of environmental violations; strengthen the guidance of public opinion, and raise the public's environmental awareness of the prevention and control of solid waste pollution; Intensify the publicity of the investigation and handling of major cases, form a strong deterrent, and create a good social atmosphere.

4. the implementation of corporate and local responsibilities, strengthen the accountability of inspectors

(I) implement the main responsibility of pollution prevention and control of waste production enterprises

For hazardous waste, general industrial solid waste with large amount and great harm, as well as garbage, sewage treatment and other related industries, ecological and environmental departments at all levels shall, in conjunction with relevant departments, require relevant enterprises to refine management accounts, apply for registration, truthfully declare the actual utilization and disposal channels and final destination of the transferred solid waste, and disclose the type, quantity, utilization and disposal of solid waste according to relevant laws and regulations.

All provincial-level ecological and environmental departments should encourage enterprises that illegally transfer, dump, and dispose of solid waste to be included in the list of illegal and untrustworthy in the field of environmental protection, implement public exposure, and carry out joint punishments. Ecological and environmental departments at all levels shall, in accordance with the law, hand over the relevant information of enterprises with illegal acts of solid waste to tax, securities supervision and other relevant departments.

(II) urges local governments to ensure centralized solid waste disposal capacity

All provincial-level ecological and environmental departments should combine the results of the investigation and evaluation of solid waste disposal capacity, increase supervision, interviews, and restrictions on approval in areas where the construction of disposal capacity is seriously lagging and illegal transfer problems are prominent, and urge local people's governments at the city and county levels to be reasonable Planning and layout, focusing on ensuring land for disposal facilities such as hazardous waste, sludge and domestic waste, speeding up the construction of centralized disposal facilities, and making up the gap in disposal capacity.

(III) Continues to Carry out Supervision and Assessment of Standardized Management of Hazardous Waste

All provincial-level ecological and environmental departments should strictly organize and carry out standardized management, supervision and assessment of hazardous waste, and supervise enterprises to strictly implement various legal systems and standards for hazardous waste; for problems found in random inspections, they should promptly hand over to the local people's governments at the city and county levels, Urge the local people's governments at the city and county levels to make timely rectification and earnestly implement the responsibility of hazardous waste environmental supervision.

(IV) to carry out supervision accountability, compact local responsibility chain

All provincial-level ecological and environmental departments shall supervise and spot check the large-scale investigation of solid waste, and promptly hand over the problems found in the spot check to the local people's governments at the city and county levels for resolution within a time limit. Carry out on-site verification of the rectification of supervision problems, and check the account number one by one; Notify and interview the areas where problems are concentrated and rectification is slow.

All provincial-level ecological and environmental departments should incorporate the construction and operation of hazardous waste, sludge, and domestic waste disposal capacity into the content of provincial-level environmental protection inspections, and focus on inspections where relevant capacity building is seriously lagging, illegal transfer problems are prominent, and problems are found to be ineffective. If there is dereliction of duty and dereliction of duty, the transfer of accountability shall be implemented in accordance with laws and regulations.

5. the establishment of a sound long-term regulatory mechanism

(I) improve the supervision system of strict prevention at source, strict control of process and severe punishment of consequences

Local ecological and environmental departments at all levels shall, in accordance with the industrial structure of the region and in accordance with the National Hazardous Waste List (2016 Edition), carry out technical verification of the types, quantities, and pollution prevention measures of hazardous wastes in the EIA report (table) of key construction projects. The EIA agencies and administrative approval personnel who practice fraud in the EIA report (table) shall be punished in accordance with laws and regulations, and the relevant responsible parties shall be urged to take measures to rectify.

The provincial ecological and environmental departments should combine the work arrangements for the reform of the pollutant discharge permit system, and encourage qualified localities and industries to carry out pilot projects for the inclusion of solid waste in the management of pollutant discharge permits.

All provincial-level ecological and environmental departments should combine the reform of the vertical management system for monitoring, supervision and law enforcement by environmental protection agencies below the province, implement the daily law enforcement responsibilities of environmental law enforcement agencies on solid waste, incorporate solid waste into the environmental law enforcement "double random" plan, increase random inspections, and severely crack down Illegal transfer, dumping, and disposal of solid waste.

(II) strengthen solid waste supervision capacity and information construction

The provincial ecological and environmental departments should focus on strengthening the construction of solid waste supervision capacity at the provincial and municipal levels. Strengthen technical training and exchanges for personnel of environmental assessment, environmental law enforcement and solid waste management agencies. All localities should realize the interconnection with the national solid waste management information system before June 30, 2018, and improve the ability and level of information supervision. Comprehensively promote the electronic filing of hazardous waste management plans, and industrial solid waste and hazardous waste generating units must submit waste production data through the national solid waste management information system before March 31 each year. Comprehensively promote the work of electronic transfer of hazardous waste.

(III) Establish and Improve the Long-term Mechanism of Supervision Accountability

All provincial ecological and environmental departments should establish a long-term accountability mechanism for environmental inspections of solid waste pollution, continue to carry out special actions to combat the illegal transfer and dumping of solid waste, and implement local governments in accordance with the "five-step method" of supervision, handover, inspections, interviews, and special inspections. Party committee and government responsibilities. For areas where the problem of illegal transfer of solid waste is prominent, causing serious environmental pollution and adverse effects, carry out point-pointing and mobile special inspections, and implement accountability for verified dereliction of duty and responsibility, and effectively play a warning and deterrent role.

6. relevant requirements

Under the unified leadership of the local party committee and government, the provincial ecological environment departments of the (I) shall organically combine the requirements of this circular with the key work and reform tasks in the field of ecological environment, such as the second national survey of pollution sources and the reform of the vertical management system of monitoring, supervision and law enforcement of environmental protection agencies below the provincial level, and strengthen communication and cooperation with relevant departments such as industrial and information technology, housing construction, transportation, water conservancy, health and other relevant departments, Clarify the division of responsibilities and refine tasks, formulate specific plans, strengthen supervision and assessment, and carry out relevant work in a down-to-earth manner.

The 11 provinces and cities (II) the Yangtze River Economic Belt shall complete the investigation task on schedule and submit the investigation report, problem ledger and rectification plan in accordance with the requirements of the Notice on Carrying out the Large-scale Investigation of Solid Waste in the Yangtze River Economic Belt.

Other provinces shall submit the implementation plan for the implementation of this notice to our Ministry for the record before August 30, 2018; the progress report on the implementation of this notice shall be submitted to our Ministry before the end of each year.

In the (III), our ministry will regularly dispatch and supervise the implementation of this notice in various regions, organize special inspections in phases and batches, and report nationwide. Those who fail to implement their responsibilities and do not do their work will be held accountable through mechanisms such as the central environmental protection inspector.