Decree of the State Environmental Protection Administration No. 5
The Measures on the Management of Hazardous Waste Manifests was adopted upon the discussion at the Executive Session of the State Environmental Protection Administration on May 31, 1999 and hereby promulgated and would take effective as of October 1, 1999.
Minister Xie Zhenhua
June 22, 1999
State Environmental Protection Administration
Article 1 These Measures are formulated for the purpose of strengthening effective supervision of the transfer of hazardous waste and implementing a manifest system for transfer of hazardous waste in accordance with relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste.
Article 2 These Measures shall apply to units that are engaged in transferring hazardous wastes within the territory of the People's Republic of China.
Article 3 The competent department of the environmental protection administration under the State Council shall implement unified supervision and management of the manifests for the transfer of hazardous waste (hereinafter referred to as the forms) throughout the country.
The competent departments of environmental protection administration of the people's governments in various provinces and autonomous regions shall enforce the supervision and management of the forms in their administrative zones.
The competent departments of environmental protection administration of the people's governments at the municipal level under the jurisdiction of provinces shall specifically implement the supervision and management of the forms in their administrative zones; in the administrative zones of the municipalities directly under the Central Government and in the administrative zones where district administration has been established, the competent departments of environmental protection administration of the people's governments of the municipality and the district administration shall specifically execute supervision and management.
The competent departments of environmental protection administration of the people's governments in the cities directly under the province, in the municipalities directly under the Central Government and in the regional administrative offices stipulated in the preceding paragraph shall hereinafter be collectively referred to as the "competent departments of environmental protection administration."
Article 4 Prior to the transfer of hazardous waste, units discharging hazardous waste shall report the plan for the transfer of hazardous waste for approval in accordance with relevant provisions of the State; upon approval, the discharging units shall apply for the forms to the competent department of the environmental protection administration at the place where the hazardous wastes are transferred.
The discharging units shall, within three days prior to the transfer of the hazardous waste, report to the competent department of the environmental protection administration at the place from where the hazardous waste is transferred and at the same time report the expected date and time of arrival of the hazardous waste to the competent department of the environmental protection administration at the place where the hazardous waste is accepted.
Article 5 Copies of the forms shall be completed for each vehicle or each vessel (for each time) for which hazardous waste of the same kind is transferred by the unit discharging hazardous waste.
Where different kinds of hazardous wastes are transferred in each vehicle or vessel (for each time), copies of the forms for each kind of hazardous waste shall be completed.
Article 6 The unit discharging hazardous waste shall accurately complete all columns in the forms and stamp its official seal on the form as required. The duplicate of the first page of the forms shall be kept by the unit for the record upon the verification, acceptance and signature by the transporter. The second page of the form shall be submitted to the competent department of environmental protection administration at the place from where the hazardous waste is transferred, and the first page together with the rest for the pages of the form shall be submitted to the transporter and be transferred along with the hazardous waste.
Article 7 The transporter shall accurately complete all columns for the transporter as required. The transporter shall safely transfer the hazardous waste to the place of acceptance as stated in the forms according to relevant provisions of the State for transporting hazardous waste and submit the first page, and duplicates of the second, third, fourth and fifth pages of the forms along with the hazardous waste to be transferred to the unit accepting hazardous waste.
Article 8 The unit accepting hazardous waste shall check the forms and verify the hazardous waste according to the items in the forms before accepting the waste, and then accurately complete the columns for the accepting unit as required and affix its official seal to the form.
The accepting unit shall submit the first page and a duplicate of the second page of the forms to the discharging unit within ten (10 ) days of the date of the receipt of the hazardous waste. The first page of the forms shall be kept by the discharging unit for record, a duplicate of the second page of the forms shall be reported and sent within two days by the unit of discharging to the competent department of the environmental protection administration at the place from where the hazardous waste is transferred; the accepting unit shall submit the third page of the forms to the transporter for the record; the fourth page of the forms shall be kept by the accepting unit for record; the fifth page of the forms shall be submitted to the competent department of the environmental protection administration at the place where the hazardous waste is accepted within two days from the date of receipt of the hazardous waste.
Article 9 Where the unit accepting the hazardous waste discovers that the name, quantity, features, shape and the packing method of the hazardous waste are not in conformity with the items written in the forms at the time of acceptance, it shall report without delay to the competent department of the environmental protection administration at the place where the hazardous waste is accepted and inform the discharging unit.
Article 10 The forms shall be kept for a period of five years. If the hazardous waste is kept in storage, the forms shall be kept as long as the storage period of the hazardous waste.
Where the competent department of the environmental protection administration deems it necessary to extend the period for keeping the forms, the discharging unit, transporter and accepting unit shall keep the forms as long as required.
Article 11 The competent departments of environmental protection administration of the people's governments above the municipal level under the jurisdiction of the province shall have the right to inspect the forms operations and may also entrust the competent departments of environmental protection administration at the county level with the inspection of the forms operations.
The unit being inspected shall accept such inspection and report the situation accurately.
Article 12 Where a "through transport" method is adopted for the transfer of hazardous waste, the first transporter shall submit all pages of the forms to the next transporter along with the hazardous waste. The next transporter shall verify the items on the columns of the forms completed by the discharging unit and the items on the columns of the form completed by the first transporter as required by the forms and, upon verification that no mistakes exist, complete the columns of the forms to be filled in by the transporter and affix its signature. The duplicate of the third page of the forms with the signature of the next transporter shall be kept by the first transporter for record and the third page of the forms with the signature of the accepting unit shall be kept by the last transporter for record.
Article 13 Where anyone, in violation of these Measures, commits any of the following acts, the competent department of the environmental protection administration of the local people's government at the municipal level under the jurisdiction of the province shall order him to rectify the acts within a specified time and impose a penalty on the violator:
(1) Failing to apply for the forms and complete the forms as prescribed in these Measures;
(2) Failing form operations as prescribed in these Measures;
(3) Failing to report and send the forms to the competent department of the environmental protection administration within a specified time limit;
(4) Failing to retain the forms for the specified filing period; or
(5) Refusing the inspection of the form operations by the competent department of environmental protection administration having jurisdiction over the matter.
Anyone who commits either act specified in subsections (1) or (3) of the preceding paragraph shall be subject to a penalty of not more than 50,000 Yuan in accordance with the relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes; anyone who commits either act specified in subsections (2) or (4) of the preceding paragraph shall be subject to a penalty of not more than 30,000 Yuan; anyone who commits the act specified in subsection (5) of the preceding paragraph shall be subject to a penalty of not more than 10,000 Yuan in accordance with relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes.
Article 14 The forms shall be formulated in a uniform basis by the competent department of environmental protection administration under the State Council and printed by the competent departments of environmental protection administration of the people's governments at the provincial and autonomous region level and at the level of municipality directly under the Central Government.
The forms consist of five pages. The colors of each page are in sequence as follows: the first page is white; the second red; the third yellow; the fourth blue and the fifth green.
The number of the forms consists of 10 digit Arabic numerals. The first and second digits refer to the code of the provincial administrative area, the third and fourth digits represent the code of the municipal administrative area under the jurisdiction of the province, and the fifth and sixth digits represent the code of hazardous waste. The remaining four digits are left for the unit issuing the blank forms, namely the competent department of environmental protection administration of the municipal people's government under the jurisdiction of the province at the place from where the hazardous waste is transferred so as to provide the numbers in sequence in accordance with the serial number of the transferred hazardous waste. If the form is issued by the competent department of the environmental protection administration of the people's government of the municipality directly under the Central Government, the third and fourth digits of the serial number shall be zero.
Article 15 The competent department of the environmental protection administration under the State Council shall be responsible for the interpretation of these Measures.
Article 16 These Measures shall enter into effect as of October 1, 1999.
