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Further strengthen the identification and management of hazardous waste! Guangdong Province issues identification and evaluation regulations


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2023-08-19

Further strengthen the identification and management of hazardous waste! Guangdong Province issues identification and evaluation regulations

Notice of the Guangdong Provincial Department of Ecology and Environment on Issuing the Work Regulations of the Guangdong Provincial Expert Committee for Hazardous Waste Identification (Trial) and the Guangdong Provincial Regulations for Objection Evaluation of Hazardous Waste Identification (Trial)
Yue Huan Han [2023] No. 371

All relevant units:
In order to implement the spirit of the "Notice of the General Office of the State Council on Issuing the Implementation Plan for Strengthening the Supervision, Utilization and Disposal of Hazardous Waste", implement the requirements of the "Notice on Strengthening the Identification of Hazardous Waste" issued by the Ministry of Ecology and Environment, further strengthen the identification and management of hazardous waste throughout the province, and fully leverage the service and support role of experts in the identification of hazardous waste, Our department has organized the formulation of the "Guangdong Hazardous Waste Identification Expert Committee Work Regulations (Trial)" and "Guangdong Hazardous Waste Identification Objection Evaluation Regulations (Trial)", which have been reviewed and approved by the department meeting. We are now issuing them to you. Please provide support for the hazardous waste identification work in our province.

Department of Ecology and Environment of Guangdong Province
July 11, 2023

 

Work Regulations of Guangdong Hazardous Waste Identification Expert Committee
(Trial)

Article 1: In order to standardize the work of the Guangdong Provincial Expert Committee on Hazardous Waste Identification, this regulation is formulated in accordance with the Notice on Strengthening the Identification of Hazardous Waste issued by the General Office of the Ministry of Ecology and Environment (Huanban Solid Letter [2021] No. 419) and the Notice on Establishing the First National Expert Committee on Hazardous Waste Identification issued by the General Office of the Ministry of Ecology and Environment (Huanban Solid Letter [2021] No. 506).

Article 2: The Guangdong Provincial Expert Committee for Hazardous Waste Identification (hereinafter referred to as the Provincial Special Committee) shall carry out its work under the guidance of the Guangdong Provincial Department of Ecology and Environment (hereinafter referred to as the Provincial Department of Ecology and Environment).

Article 3: The Provincial Special Committee shall be composed of experts with rich research or technical experience in hazardous waste identification, solid waste environmental management, environmental monitoring and other fields, outstanding abilities, and senior professional titles or equivalent abilities. There shall be one chairman and several vice chairmen, and a secretariat shall be established under the committee.

Article 4: The members of the Provincial Special Committee (hereinafter referred to as expert committee members) shall be publicly solicited by the Provincial Department of Ecology and Environment from the society, and recommended with the consent of the unit where the expert committee members belong. The Provincial Department of Ecology and Environment, based on research directions, business fields, and other conditions, comprehensively selects and forms a list of applicants for approval. After deliberation at a special meeting of the department head, those who meet the requirements will be appointed.

Article 5: Expert committee members shall implement dynamic management:
(1) Expert committee members implement an appointment system, with each term of three years and can be re elected. Upon expiration of the term, re selection and appointment shall be made in accordance with the relevant requirements of this Articles of Association.
(2) For expert committee members who violate relevant national laws and regulations or fail to comply with these articles of association, the Provincial Department of Ecology and Environment shall dismiss them.
(3) When an expert committee member is unable to continue participating in the work of the provincial special committee due to certain reasons, he/she should submit his/her resignation in writing or have his/her unit provide a situation statement. After approval by the Provincial Department of Ecology and Environment, he/she can withdraw from the provincial special committee.
(4) The Provincial Department of Ecology and Environment may appoint temporary expert committee members according to work needs.

Article 6: The Provincial Special Committee shall mainly undertake the following tasks:
(1) Provide technical support for the hazardous waste identification and environmental management work of the Provincial Department of Ecology and Environment, and carry out technical guidance work such as training on hazardous waste identification technology in the province and rapid emergency identification of solid waste in major hazardous waste emergencies.
(2) According to the "Guangdong Province Hazardous Waste Identification Objection Evaluation Regulations", evaluate the objections to the provincial hazardous waste identification report publicly available on the national hazardous waste identification information disclosure service platform, and provide evaluation opinions.
(3) Entrusted by the Provincial Department of Ecology and Environment, we will conduct random inspections and reviews of units and identification reports conducting hazardous waste identification in our province from time to time, and conduct comprehensive evaluations of hazardous waste identification units.
(4) Undertake other hazardous waste identification related work commissioned by the Provincial Department of Ecology and Environment.
The Provincial Special Committee submits the annual work report of the Guangdong Hazardous Waste Identification Expert Committee to the Provincial Department of Ecology and Environment every year.

Article 7: Expert committee members shall comply with the following regulations in carrying out the relevant work undertaken by the provincial special committee:
(1) Comply with relevant national laws, regulations, and rules.
(2) Conduct work with an independent, objective, and impartial attitude, and accept social supervision.
(3) Abide by work discipline and shall not accept property from interested units or individuals or obtain other benefits.
(4) Comply with relevant confidentiality regulations, do not disclose any national secrets, technical secrets, trade secrets, or work information obtained during work, and properly keep relevant materials.

The Secretariat of the Special Committee is located at the Guangdong Solid Waste and Chemical Environmental Center. The Secretariat of the Special Committee is under the leadership of the Provincial Special Committee and assisted by the Guangdong Provincial Institute of Environmental Science in carrying out daily work. It mainly includes the following content:
(1) Daily communication, information dissemination, and related activity arrangements between the Provincial Special Committee, the Provincial Department of Ecology and Environment, and the National Hazardous Waste Identification Expert Committee.
(2) Conduct a formal review of the received objection evaluation application.
(3) Assist the Provincial Special Committee in organizing the evaluation of objections to hazardous waste identification reports, reviewing hazardous waste identification units and identification reports, and conducting comprehensive evaluations of hazardous waste identification units.
(4) Assist the Provincial Special Committee in completing other hazardous waste identification related tasks entrusted or assigned by the Provincial Department of Ecology and Environment.

Article 9: The Provincial Department of Ecology and Environment shall establish the Provincial Hazardous Waste Identification Expert Database (hereinafter referred to as the "Identification Expert Database"). The identification expert database consists of experts in the fields of environment, petrochemicals, chemical engineering, metallurgy, materials, etc. Experts should meet the following basic conditions:
(1) Observing discipline and laws, adhering to principles, having a decent style, and possessing good academic ethics.
(2) Possess good relevant professional knowledge, technical ability, and practical experience.
(3) Having been engaged in research or technical work in relevant fields for at least five years and possessing a senior professional title or equivalent professional level.
(4) Physically healthy, in principle, the age should not exceed 65 years old.
(5) Ensure normal participation in the work organized by the expert committee in terms of time and energy, and be able to complete tasks as required.

Article 10: Implementation of dynamic management by experts in the identification expert database:
(1) Experts can be recommended by expert committee members or apply independently, obtain the consent of their unit, and be selected by the provincial special committee before joining the expert database. The Provincial Special Committee shall organize at least one warehousing application and selection work every three years.
(2) For experts who violate relevant national laws and regulations or fail to comply with these articles of association, the provincial special committee shall clean up and withdraw from the expert database.
(3) When experts are unable to continue to participate in the expert database work due to certain reasons, they should submit their resignation in writing and withdraw from the expert database with the consent of the provincial special committee.

Article 11: The main responsibilities of experts in the identification expert database include participating in the evaluation of objections to identification reports organized by the provincial special committee, evaluating identification units, and reviewing identification reports, and providing consultation to the provincial special committee.

Article 12: Experts in the identification expert database shall comply with the following regulations when carrying out relevant work entrusted by the Provincial Special Committee:
(1) Conduct work in accordance with the law, norms, science, and impartiality, independently and objectively provide opinions, and be responsible for the opinions raised.
(2) Abide by work discipline and shall not accept property from interested units or individuals or obtain other benefits.
(3) It is not allowed to disclose evaluation information or make commitments related to the evaluation work to units or individuals involved in objection evaluation, as well as to units or individuals involved in review and evaluation.
(4) Comply with relevant confidentiality regulations, and shall not disclose any national secrets, technical secrets, trade secrets, or evaluation work obtained during work. Properly keep relevant materials.
(5) When there is a direct work or interest relationship with the unit or individual who evaluates the objection, the identification unit or individual who reviews and evaluates, they should actively propose avoidance.
(6) Accept the supervision of the provincial special committee.

Article 13: These articles of association shall come into effect from the date of issuance and shall be interpreted by the Department of Ecology and Environment of Guangdong Province.
Regulations for Objection Assessment of Hazardous Waste Identification in Guangdong Province
(Trial)

1、 Applicable scope
This regulation is applicable to the evaluation of hazardous waste identification reports in the administrative jurisdiction of Guangdong Province by the Guangdong Provincial Expert Committee for Hazardous Waste Identification (hereinafter referred to as the Provincial Special Committee) within its scope of responsibility.

2、 Evaluation Procedure
The procedure for evaluating objections to hazardous waste identification includes formal review, comprehensive evaluation, and report disclosure, as shown in the attached figure.

3、 Formal review
After receiving the application for objection evaluation of the identification report, the provincial special committee shall conduct a formal review within 10 working days, decide whether to accept it, and notify the party proposing the objection in writing. The specific work is the responsibility of the Secretariat of the Provincial Special Committee.
The application for objection evaluation of the identification report should meet the following conditions: (1) there should be a clear objection proposer; (2) The hazardous waste identification report has been made public on the national hazardous waste identification information disclosure service platform; (3) Identify the location of the commissioning party or the status of the identified substance in the province (subject to the actual operating rules of the national platform); (4) There are specific reasons for objection and relevant supporting materials.
If the national or provincial special committee has accepted an objection evaluation application for the same hazardous waste identification report, or has issued an evaluation opinion, it shall not be accepted.

4、 Comprehensive evaluation
After the application for objection evaluation of the identification report is accepted, the Secretariat of the Provincial Special Committee will randomly select experts (5 or more singular experts, including at least 2 expert committee members, and the rest will be selected from the expert database) based on the identification report and objection content, combined with professional needs, to form an expert group. The expert group elects the leader of the expert group and implements a comprehensive evaluation.
The expert group conducts a comprehensive verification and evaluation of the identification report based on the objection content. If the evaluation judgment can be made directly, provide an evaluation opinion. If it is not possible to make a direct evaluation judgment, specific requirements such as supplementary investigation (testing) or other modifications and completion deadlines should be proposed at once, and written opinions should be formed. The Secretariat will inform the identification client. If the client fails to supplement the required materials within the specified time limit, the objection evaluation shall be terminated. The revised and improved identification report should be resubmitted to the provincial special committee for comprehensive evaluation as required.

5、 Report Disclosure
The provincial special committee should promptly provide feedback on the evaluation opinions to the party raising the objection and the appraisal client. After receiving the evaluation opinions, the client shall upload the evaluation opinions, the modified and improved identification report according to the evaluation opinions, and other relevant materials to the National Hazardous Waste Identification Information Disclosure Service Platform, and make them publicly available again.

 

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