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The Foshan Industrial Solid Waste Pollution Prevention and Control Regulations will be implemented from July 1, 2024!
Time：
2024-07-05
Foshan City has issued the "Regulations on the Prevention and Control of Environmental Pollution by Industrial Solid Waste", which will come into effect on July 1, 2024. The purpose is to respond to the national construction of a "waste free city", strengthen the management of industrial solid waste, improve the system of reduction, resource utilization, and harmless treatment, strengthen intelligent supervision and hazardous waste supervision, consolidate innovative practices, and enhance prevention and control capabilities.
The Standing Committee of the People's Congress of Foshan City has issued the "Regulations on the Prevention and Control of Environmental Pollution by Industrial Solid Waste in Foshan City", which will come into effect on July 1, 2024.
1、 The significance of the promulgation of the Regulations
In June 2018, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Strengthening Ecological Environment Protection and Resolutely Fighting the Battle of Pollution Prevention and Control", which made comprehensive arrangements for carrying out pilot projects for the construction of "waste free cities". In February 2021, the General Office of the People's Government of Guangdong Province issued the "Pilot Work Plan for Promoting the Construction of" Waste free Cities "in Guangdong Province" (Yue Ban Han [2021] No. 24), and Foshan City is one of the eight pilot cities; In April 2022, the Ministry of Ecology and Environment issued a notice on the list of "waste free cities" construction during the 14th Five Year Plan period, and Foshan City was successfully selected for the national "waste free cities" construction list during the 14th Five Year Plan period.
Foshan is a traditional manufacturing city with a strong foundation. While the scale of the manufacturing industry continues to expand, the amount of industrial solid waste generated is also increasing. The prevention and control of industrial solid waste pollution is facing increasing pressure. Therefore, in response to the legislation on the prevention and control of industrial solid waste pollution, it is necessary to refine and supplement the upper level laws and regulations, take Foshan's actual problems as the guide, improve relevant systems and mechanisms, enhance the comprehensive utilization level of industrial solid waste and the ability to prevent and control environmental risks of hazardous waste, achieve the goals of source reduction, process utilization, and safe disposal, and coordinate the prevention and control of industrial solid waste pollution in the environment.
2、 The main content and characteristics of the Regulations
Foshan City actively promotes local legislation on solid waste, adopting a "small incision" legislative form, focusing on the supervision and management of industrial solid waste pollution prevention and control, the responsibility of production and operation entities for industrial solid waste pollution prevention and control, measures for reduction, resource utilization, and harmless treatment, and key supervision of industrial hazardous waste. Based on the upper level law, this city solidifies its advanced experience in industrial solid waste pollution prevention and control work, and focuses on refining and improving the problems existing in industrial solid waste pollution prevention and control work.
（1） Improve the reduction, resource utilization, and harmless treatment system of industrial solid waste
Firstly, it is clear that the municipal and district people's governments should formulate relevant support policies to support the comprehensive utilization of industrial solid waste and promote the market-oriented development of the comprehensive utilization of industrial solid waste;
The second is to establish recognition rules, product requirements, and testing requirements for the resource utilization of industrial solid waste;
The third is to clarify that the municipal standardization department and the ecological environment department shall promote the formulation of local standards for the comprehensive utilization of industrial solid waste in accordance with the law, and promote the market-oriented development of the comprehensive utilization of industrial solid waste;
The fourth is to explore the establishment of a targeted utilization system for industrial solid waste, expand the ways of resource utilization of industrial solid waste, and reduce production costs for enterprises;
The fifth is to improve the institutional requirements and technical standards for the collaborative disposal of general industrial solid waste by domestic waste incineration plants, and solve the problem of difficult disposal of general industrial solid waste.
（2） Supplement the gaps in the upper level law, improve the industrial solid waste ledger and declaration management system
In terms of the responsibilities of the units that generate industrial solid waste (hereinafter referred to as waste generating units) and the operating units that collect, store, transport, utilize, and dispose of industrial solid waste (hereinafter referred to as operating units), the Solid Waste Law mainly has ledger declaration requirements for waste generating units and hazardous waste operating units. For other operating units, only relevant information is required to be informed to the waste generating units. In practice, due to the lack of regulatory authority over collection, storage, transportation, utilization, and disposal by waste producing units, some operating units illegally transfer and dispose of industrial solid waste through management loopholes, and the ecological environment regulatory department also lacks effective coordination with different environmental supervision. Therefore, the Regulations specify that municipal waste generating units, operating units, and other operating units should register through the Guangdong Provincial Solid Waste Environmental Supervision Information Platform, establish management accounts, truthfully record and declare in accordance with the work requirements.
（3） Improve the intelligent supervision of industrial solid waste and enhance the service level of government departments
Firstly, it is clear that government departments should establish an industrial solid waste information management system to enhance data sharing and service capabilities;
Secondly, it is required that the municipal ecological environment regulatory department provide technical docking standards for the networking of monitoring equipment and government regulatory platforms for industrial agglomeration areas and key regulatory units of industrial hazardous waste;
Thirdly, it is necessary to clarify the units and other producers and operators that generate industrial solid waste. If entrusting others to collect, store, transport, utilize, and dispose of industrial solid waste, the main qualifications and technical capabilities of the entrusted party should be verified;
The fourth is to refine the specific content of the subject qualifications and technical capabilities specified in the upper level law, clarify that government departments will centrally and uniformly disclose the above information through reasonable means, and facilitate waste production enterprises to query and verify relevant information of downstream disposal enterprises.
（4） Improve the construction of industrial hazardous waste supervision system and strengthen full chain supervision
Firstly, it is clear that the ecological environment regulatory department can verify the types and quantities of industrial hazardous waste declared by enterprises that generate industrial hazardous waste;
The second is to stipulate that the ecological environment regulatory department shall determine the list of key regulatory units for industrial hazardous waste, update it annually and publicly disclose it to the public in accordance with the law, and monitor the entire process of the units included in the list through intelligent devices;
Thirdly, it is stipulated that the ecological environment regulatory department should prepare a list of key areas of concern for industrial hazardous waste in this city and formulate a governance plan, and carry out targeted supervision of industrial hazardous waste in the city;
Fourthly, it is stipulated that before the independent acceptance of environmental protection after the completion of construction projects, waste generating units and other operating units should actively carry out the identification of industrial hazardous waste in accordance with the law, and eliminate the situation of treating and disposing of industrial hazardous waste as general industrial solid waste.
（5） Consolidate innovative practices and strengthen the management of industrial clusters and rental properties
Firstly, it is necessary to establish a clear and sound mechanism for the collection and management of industrial hazardous waste, and establish prevention and control measures for the collection of relevant industrial hazardous waste by industrial hazardous waste collection units, in order to effectively prevent environmental risks;
Secondly, based on the practical needs of industrial solid waste pollution prevention and control in the industrial agglomeration areas of the city, the specific responsibilities of the main body responsible for pollution prevention and control of industrial solid waste in the industrial agglomeration areas should be clearly defined;
Thirdly, it stipulates the obligation of lessors to regularly inspect and report on leased properties engaged in industrial solid waste management activities.
（6） Establish and improve inspection, collaboration, and linkage mechanisms based on local management characteristics
One is to implement the spirit of administrative management "delegation of powers", and based on the practice of preventing and controlling industrial solid waste pollution in Foshan City, it is stipulated that the town people's government and street offices shall carry out the prevention and control of industrial solid waste pollution in their jurisdiction in accordance with the law, and establish a daily inspection and hidden danger investigation mechanism;
The second is to clarify that the municipal and district governments should strengthen cross regional supervision and cooperation of industrial solid waste through regional consultations, information sharing, joint law enforcement, and other means;
Thirdly, it is stipulated that relevant government departments should establish a joint law enforcement mechanism, strengthen the coordination and linkage between administrative and judicial organs, and build a comprehensive, multi-level, and in-depth joint law enforcement system for industrial solid waste.
（7） Refine penalty clauses and enhance their operability
Firstly, corresponding legal responsibilities have been established for illegal acts that have not yet been stipulated by the superior law, further improving the full chain supervision and punishment system for industrial solid waste generation, collection, storage, transportation, utilization, and disposal units;
The second is to stipulate the illegal responsibilities of key regulatory units for industrial hazardous waste that fail to comply with digital supervision.
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