China revises law on the prevention and control of environmental pollution by solid waste

Accordingly, the current PRC Law on the Prevention and Control of Environmental Pollution by Solid Wastes (previously revised in 2015) prohibits the import, dumping and disposal of both solid wastes, unless subject to a specific import license, and hazardous wastes.

Those solid and hazardous waste products that are currently prohibited from import and those that are subject to an import license are listed in respective catalogues published by competent departments of the PRC - see below. The applicable licensing regime has been in effect in the PRC since 1 August 2011.

Now, the revision imposes joint and several liability on both the carrier and importer for the return and disposal of the solid waste where the solid waste is prohibited and/or proper license has not been obtained, and significantly increases the fines that can be imposed for violations.

The solid wastes that are prohibited from import, dumping and disposal in the PRC and/or are subject to import licensing are set out in catalogues of solid waste products as published and adjusted by the competent departments under the State Council of the PRC in 2017 and 2018.

Moreover, it is highlighted that the new Revision imposes significantly increased fines for violations of the law. Where a carrier transports a prohibited solid waste to be imported into, or transits a hazardous waste through, the territory of the PRC, the new Revision prescribes that a fine may be imposed on the carrier and the importer under the new law of between RMB 500,000 (equivalent to approximately US$71, 000) and RMB 5 million (equivalent to approximately US$710, 000) (Art.115 para.1). This is in addition to an order from Customs authorities to return the solid wastes to the place of export.