In August 2018, China Biodiversity Conservation and Green Development Foundation (CBCGDF) proposed legislative amendments to the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes (Revised Draft) (hereinafter referred to as the "Draft"), including 9 general recommendations and 24 specific recommendations.

On December 28, 2019, the "Solid Waste Law" (Second Review Draft) publicly solicited opinions on the People's Congress website. After a comparative review, the "Solid Waste Law" (Second Review Draft) fully adopted the legislative recommendations of the CBCGDF, including:

I. Detailed definition of "Solid Waste"

CBCGDF proposal is clearly defined in the bylaws, and the proposal has been well responded. The "Solid Waste Law" (Second Draft) not only defines the solid waste in detail, but also defines the newly added kitchen waste and construction waste.

II. Cleared responsibility for pollution

CBCGDF recommends that the responsibility for pollution of solid waste be clarified, that is, the "principle of liability for the harmer", and realize who is responsible for pollution. Article 5 of the "Solid Waste Law" (Second Review Draft) provides a clear rule: "Practice the principle of responsibility for pollution in the prevention and control of environmental pollution by solid waste."

III. Raising the awareness of the whole society to participate in solid waste prevention and control

CBCGDF puts forward suggestions: It is hoped that the whole society's awareness of participation in solid waste pollution prevention and control will be comprehensively promoted, and the public participation shall be fully exerted. Article 10 of the "Solid Waste Law" (Second Review Draft) makes clear: "Enterprises, institutions, industry associations, grassroots autonomous organizations and news media should strengthen publicity, education and prevention of environmental pollution caused by solid waste. Popularize science and increase public awareness of the prevention and control of environmental pollution caused by solid waste. "

IV. Setting up protections for informers

CBCGDF has put forward suggestions: give play to the role of the public and the news media in monitoring, encourage the reporting and disclosure of illegal acts, and provide good protection and encouragement mechanisms for informers. Article 30 of the Solid Waste Law (Second Review Draft) states: "The department receiving the report shall promptly process it and keep the relevant information of the informant confidential; Rewards shall be given to those whose real-name reports are verified. Where the informant reports the unit to which he belongs, the unit shall not retaliate against the informant by rescinding or changing the labor contract or by any other means."

V. Strengthening information disclosure and public participation

CBCGDF has suggested that "strengthening the regulations on information disclosure and public participation can support the establishment of a platform for the release of relevant information and the introduction of social supervision. On the one hand, it urges government departments to administer according to law and strengthen supervision. On the other hand, the entire process of ensuring solid waste treatment transparent, open, and traceable, forcing companies to fulfill their responsibility to the environment and eliminating the impact of pollution, while also reducing the legal risk of improper disposal of enterprises. "Solid Waste Law (Second Review Draft) 28, 29, 30, 35 Articles have given a clear response, with specific provisions on information disclosure and public participation.

VI. Focus on rural and agricultural solid waste pollution

CBCGDF proposed in the proposal that the "Draft" has imbalances in urban-rural coordination, and there are very few regulations concerning rural agricultural pollution. The current situation of rural agricultural pollution is already very severe. It is suggested that a separate chapter should be set up to focus on rural agricultural pollution. Chapter 5 of the "Solid Waste Law" (Second Review Draft) has special provisions on solid wastes such as construction and agriculture and regulates solid waste pollution in agriculture and rural areas.

VII. Specifications for new types of solid waste pollution

As for new solid waste pollution sources appearing in takeaway platforms and online shopping express delivery, CBCGDF recommended that effective regulations be made. Articles 63 and 64 of the "Solid Waste Law" (Second Review Draft) have clearly stipulated.

VIII. Modifications to the provisions on imported waste

CBCGDF recommended that there be room for regulations on imported solid waste to avoid a one size fits all situation. The Solid Waste Law (Second Review Draft) responded, and amended in Articles 22, 23, and 24.

IX. Clarifying environmental public interest litigation (EPIL) and ecological environmental damages litigation

This is the focal point of the legal provisions of the “Draft”. CBCGDF recommended that the “Draft” could clarify the boundary between public interest litigation and ecological and environmental damages litigation, and the relationship should be straightened out. Articles 113 and 114 of the “Solid Waste Law” (Second Review Draft) respectively provided for environmental public interest litigation and ecological and environmental damage compensation litigation involving solid waste pollution. It is important that in the provisions of the legal provisions on ecological and environmental damages compensation litigation, the CBCGDF's proposal was accepted, the expression "damaging social public interests" was deleted, and the behavior of "damaging social public interests" was incorporated into the scope of environmental public interest litigation, but is not included in the ecological and environmental damages compensation.

CBCGDF will continue to conduct in-depth study and research on the Solid Waste Law (Second Review Draft) and will continue to put forward suggestions for improving legislation.

Original Chinese article:

http://www.cbcgdf.org/NewsShow/4854/10903.html

By / Maggie