Measures for the Implementation of the Regulations of the People's Republic of China on the Dumping of Wastes at Sea (2017 Amendment)

Measures for the Implementation of the Regulations of the People's Republic of China on the Dumping of Wastes at Sea (2017 Amendment) Measures for the Implementation of the Regulations of the People's Republic of China on the Dumping of Wastes at Sea (Issued through Order No. 2 of the State Oceanic Administration on September 25, 1990; and amended for the first time in accordance with the Decision of the Ministry of Land and Resources on Amending and Repealing Some Rules and Regulations at the 1st executive meeting of the Ministry of Land and Resources on January 5, 2016; and amended for the second time in accordance with the Decision of the Ministry of Land and Resources on Amending and Repealing Some Rules on December 27, 2017) Article 1 These Measures are formulated in accordance with the provisions of Article 47 of the Marine Environment Protection Law of the People's Republic of China , for the purpose of implementing the Regulations of the People's Republic of China on the Dumping of Wastes at Sea (hereinafter referred to as the Regulations ) and strengthening the administration of dumping of wastes at sea.. Article 2 These Measures shall apply to the dumping of wastes and other substances at internal sea, territorial sea, continental shelf, and all other sea areas of the People's Republic of China by legal persons, natural persons, or other economic entities. These Measures shall also apply to the acts as prescribed in paragraphs 2, 3, and 4 of Article 3 of these Regulations and the acts of abandoning vessels, aircrafts, platforms and other means of transport for irresistible reasons. Article 3 The State Oceanic Administration and its local offices (hereinafter referred to as “competent departments of the oceanic jurisdictions”) are the competent departments for the implementation of these Measures. Article 4 To prevent or mitigate the pollution and damage to the marine environment by dumping of wastes at sea, the wastes and other substances dumped at sea shall be subject to necessary pretreatment in light of their poisonousness. Article 5 Wastes may be classified to Type I, II, and III according to their nature. Type I wastes refer to the substances listed in Annex I of these Regulations , which shall be prohibited from being dumped at sea, except when land disposal of them will seriously endanger human health, and dumping at sea is the only way to prevent the threat. Type II wastes refer to the substances listed in Annex II of these Regulations and substances that belong to “trace amount of contamination” or are able to be “rendered harmless promptly” as listed in paragraphs 1 and 3 of Annex I. Type III wastes refer to the substances with low toxicity and harmless substances as listed in Annexes 1 and 2 of these Regulations and substances with content of less than “significant quantity” as listed in paragraph 1 of Annex II. Article 6 Substances not listed in Annexes 1 and 2 of these Regulations shall be subject to evaluation in advance, to confirm their types, before dumping of them at sea is confirmed to be harmless. Article 7 Sea dumping sites are divided into type I, II, and III dumping sites, test dumping sites, and temporary dumping sites. Type I, II, and III dumping sites are accordingly determined for the disposal of type I, II, and III wastes. Type I dumping sites are determined for emergency disposal of type I wastes. Test dumping sites are determined for dumping tests (the using period shall not exceed 2 years). Temporary dumping sites are one-time special dumping sites designated for project needs and other special reasons. Article 8 The selection and demarcation of type I and II dumping sites are organized by the State Oceanic Administration. The selection and demarcation of type III dumping sites, test dumping sites, and temporary dumping sites are organized by the competent departments of the oceanic jurisdictions. Article 9 Type I, II, and III dumping sites shall, upon consultations with the relevant departments, be submitted by the State Oceanic Administration to the State Council for approval and be announced by the State Oceanic Administration. Test dumping sites shall, upon consultations with the relevant entities in the oceanic jurisdictions by the competent departments of the oceanic jurisdictions (branch office level), be submitted to the State Oceanic Administration for examination and determination, and be submitted to the State Council for recordation. Test dumping sites tested to be feasible shall, upon consultations with the relevant departments, be submitted to the State Council for approval as official dumping sites. Temporary dumping sites shall, upon examination and approval of the competent departments of the oceanic jurisdictions (branch office level), be submitted to the State Oceanic Administration for recordation. Upon expiry of the using period, they shall be immediately closed. Article 10 A licensing system shall be adopted for dumping of wastes at sea. A dumping license shall specify the dumping entity, the period of validity, and the quantity, type, and dumping method of wastes, among others. Dumping licenses may be divided into emergency license, special license, and common license. Article 11 Wastes owners and dredging project entities that dump wastes at sea shall file applications for dumping with the competent departments in advance and handle dumping licenses. Where a waste owner or dredging project entity has concluded a contract with the entity carrying out the dumping operation, the entity carrying out the dumping operation may also apply to the competent authority for handling dumping license as required by the contract. Article 12 An applicant for a dumping license shall fill out an application form for dumping wastes. Article 13 A competent authority shall, within 2 months after receipt of an application, make a reply. Upon examination and approval, a dumping license shall be issued. Emergency licenses shall be issued by the State Oceanic Administration or by the competent departments of the oceanic jurisdictions with approval of the State Oceanic Administration. ......