Regulatory Updates from China

We have multiple regional regulatory updates from our associate SIET in China to share. With our international alliance of nearly 80 Associates we have the ability to provide timely and specific updates across all of our locations globally. 

Guangzhou

Guangzhou Household Waste Classification Regulations (Revised 2020)

The latest version of Guangzhou’s Household Waste Classification system has corrected the names and responsibilities of relevant departments, but more importantly, it has significantly adjusted the upper limit of individual fines and penalties for violations. The new rules are as follows:

• If an individual fails to sort household waste into designated categories and dispose of them in their relevant collection containers, “the city’s law enforcement agency will determine an appropriate punishment; if the circumstances are serious, a fine of more than 100 yuan but less than 500 yuan will be imposed”. The maximum has increased from 200 yuan to 500 yuan.
• If an individual fails to correctly dispose of large pieces of furniture or electronic products in accordance with the regulations “the city’s law enforcement agency will determine an appropriate punishment; if the circumstances are serious, a fine of more than 100 yuan but less than 500 yuan will be imposed. The maximum has increased from 200 yuan to 500 yuan。
• If a household waste sorting unit fails to sort household waste in accordance with the regulations, and the waste collected by the relevant collection unit does not meet the expected standard, the city’s law enforcement agency will determine an appropriate punishment; if the circumstances are serious, a fine of more than 50,000 yuan but less than 500,000 yuan will be imposed. The maximum has increased from 50,000 yuan to 500,000 yuan.
• If a household waste sorting and disposing unit suspends or closes business without permission, it shall be ordered to reopen within a certain amount of time. It "may be fined between 50,000 yuan and 100,000 yuan". If the circumstances are serious, a fine may be imposed between 100,000 yuan and 1 million yuan, with the possibility to also confiscate illegal gains" These penalties have increased significantly.

Guangdong

Guangdong Department of Ecology and Environment on Effectively Supervising Environmental Protection during Construction Projects

From September 1, 2020, the Department of Ecology and Environment will cease to be responsible for monitoring the implementation of pollution prevention and control facilities at construction sites. The responsibility now falls to local ecological and environmental authorities relying on the "National Construction Project Environmental

Impact Assessment Information Platform". Before any construction project is given the green light, construction teams must accurately upload all required EIA information to the new portal for the local authority to inspect and approve.

Guangdong to Accelerate the Construction of Hazardous Waste Treatment Facilities

The Guangdong Ministry of Ecology and Environment has announced that 32 hazardous waste treatment facilities are to be built by the end of 2020, with a further 18 such facilities to be completed between 2021 and 2023. With waste management becoming a primary focus of the

Chinese government, this will ensure the total capacity of waste treatment facilities increased by 3.7 million Tons between 2019 and 2023. Complementing this new policy, the co-processing of hazardous wastes at all levels will be promoted by three means:

1. Using the excess capacity of industrial kilns and boilers of iron and steel enterprises.
2. Encouraging industrial sites to build high-standard hazardous waste disposal facilities; and,
3. Adapting cement kilns for the co-processing of solid waste.

Guangdong issues “Guidelines for Grading Exhaust Pollution in Industrial

Furnace Enterprises.”

Guangdong’s Ministry of Ecology and Environment has issued new guidelines focused on steel rolling, aluminum rolling, nickel-cobalt smelting, and the processing of ceramics, clay brick, lime gypsum, cement, flat glass, and other glass products. A carrot and stick approach is used to enforce these new rules, rewarding businesses that meet

the Grade A requirements with tax reductions or exemptions, whilst penalizing businesses with Grade C with increased inspection frequency and the potential of forced-shutdown. For those with Grade B, local authorities may apply situationally appropriate measures in order to facilitate the gradual shift towards Grade As.

Guangdong Releases Draft Regulations to Strengthen Control over Ozone Depleting Substances (ODS)

New regulations reinforce the former “Notice on Strengthening the Management of Production, Sale and Use of Hydrochlorofluorocarbons” (Huanhan [2013] No. 179), requiring all businesses involved in the production and sale of products using ODS to register for a mandated quota from the Department of Ecology and Environment. The new regulation appears it will apply to businesses engaged in ODS maintenance, recycling and destruction, and other business activities, including companies engaged in maintenance of ODS refrigeration and air-conditioning equipment, motor vehicle dismantling companies, and electrical waste dismantling and recycling companies.

When it is applied, this regulation will require different actions depending on the amount of ODS used.

• Enterprises that use HCFCs for controlled uses of less than 100 tons per year must apply for an annual permit. Controlled use mainly refers to the refrigeration, foam, and industrial cleaning industries.
• Sales companies whose annual sales volume of HCFCs and their mixtures are less than 1,000 tons must submit annual sales records. If solutions containing HCFCs are involved, the proportions of each individual substance and their quantities must be declared.

Zhejiang

Zhejiang Promotes the Use of Security Codes for Special Operators

A state-of-the-art "Security Code" system has been launched by the Zhejiang Emergency Management Department. Each security code is unique to the Special Operator it belongs to, solving the problem of unlicensed operations, false certification of construction projects, overdue non-renewal operations, multiple extensions for one certificate, and other issues. Special operations personnel can only take up their posts after receiving their security code, with red, yellow, blue, and gras color codes to determine the security status of the individual. When carrying out project approvals, Special Operators must scan their code to verify they meet the requirements for the certification of the project.

The new code system also has other applications. Using the code, Special Operators will be given access to online learning materials for professional development. The security level of the code may also be changed at any time by management personnel in order to punish special operations personnel for misconduct. In this way, special operators may be monitored every time they carry out an inspection, as they are required to use their code every step of the way. The code platform will automatically monitor the certificate review status, certificate expiration status, training status, examination status, and operation status of special operators. When one of these changes, the status of the security code will automatically change too.