These Regulations are determined pursuant to Article 18, Paragraph 4 of the Waste Disposal Act (herein referred to as this Act).
These regulations shall apply to recycling or disposal enterprises equal to or larger than the scale specified and officially announced by the central competent authority.
Recycling enterprise as stated in the foregoing paragraph means an enterprise that reuses, transports, sorts, compresses, packages, and stores recyclable waste. Except for enterprises conducting waste motor vehicle recycling, the term recycling enterprise
does not include the disassembly of recyclable waste.
Disposal enterprise as stated in Paragraph 1 means an enterprise that purifies, refines, and separates recyclable waste through physical or chemical means, thereby altering the physical or chemical qualities for the purpose of rendering the recyclable waste harmless or converting the waste into usable resources. Disposal enterprise also means an enterprise that exports and disposes of recyclable waste.
The registry competent authorities as stated in these Regulations are designated as follows:
Recycling enterprise: The local competent authority for the storage site; waste lubricant recycling enterprises that do not have a storage facility shall register with the local competent authority for the address listed on the business license.
Disposal enterprise: the local competent authority for the disposal premises (factory)
An application form and the following documents shall be submitted when registering as a recycling enterprise:
Relevant verification documents for the approval of installation by the government agency
Personal identification document of statutory responsible person
Storage site land use verification documents acquired pursuant to the Urban Planning Law, non-urban land management regulations, Statute for Upgrading Industries or other relevant laws. Waste lubricant recycling enterprises that do not own or operate a storage facility shall append an affidavit stating so.
A written explanation of the recycling items and the maximum storage capacity of the storage site
Clearance and transport equipment identification list and proof of tool purchase or vehicle registration; enterprises that do not own clearance and transport equipment shall append the contract commissioning a legal shipping enterprise to transport recyclable waste.
A written statement of pollution control (remediation) measures
Relevant location maps of the area within a two-kilometer radius of the storage site
A layout diagram of storage site facilities
Other documents designated by the central competent authority
An application form and the following documents shall be submitted when registering as a disposal enterprise:
Relevant verification documents for the approval of installation by the government agency
Personal identification document of statutory responsible person
Disposal factory (site) land use verification documents acquired pursuant to the Urban Planning Law, non-urban land management regulations, Statute for Upgrading Industries or other relevant laws
A written statement of the disposal items and the maximum disposal capacity of the factory or site
A statement of the types of derivative waste and the maximum amount produced along with verification of the reuse of derivative waste or the disposal commission contract
Written statement of the disposal process, equipment and tools
A disposal plan for recyclable waste and derivative waste remaining in the disposal factory or site after the termination of business, suspension of business, revocation of registration or registration of cancellation
A written statement of pollution control (remediation) measures
Emergency response plan
Relevant location maps of the area within a two-kilometer radius of the factory or site
A layout diagram of factory (site) facilities
Other documents designated by the central competent authority.
Disposal enterprises that export waste to an overseas location shall provide a clearance and transport equipment identification list and proof of tool purchase or vehicle registration; enterprises that do not own clearance and transport equipment shall append the contract commissioning a legal shipping enterprise to transport recyclable waste.
The registry competent authority shall complete the review of applications for recycling enterprises and disposal enterprises and make a decision concerning approval or rejection within 60 days of receiving and processing the applications. When deemed necessary the registry competent authority may extend the review period provided the agency notifies the recycling enterprise or disposal enterprise prior to the extension. The extension may be no longer than 30 days.
When the contents of the registration application documents are incomplete or the results of the on-site inspection reveal non-compliance, the registry competent authority shall notify the party in question of their obligation to make corrections within a limited time period. Applications from those that do not make corrections before the deadline will be rejected.
The registry competent authority shall adopt a written review procedure when handling applications from recycling enterprises. An on-site inspection may be conducted when deemed necessary. An on-site inspection must be conducted for all disposal enterprise registrations.
The validity period for recycling and disposal enterprise registration shall be five years. Those that wish to continue operating according to the items on their registration after the validity period shall submit an extension application three to six months prior to the date of expiry. The validity period of each extension shall be five years.
The registry competent authority shall reject the extension application of those whose extension application documents are not in compliance with regulations or who are unable to provide corrections before the deadline stipulated by the registry competent authority. The registry competent authority shall reject these applications before the registrations in question expire. When an enterprise has not applied for an extension within the regulated time period and the registry competent authority has not made a decision concerning rejection or approval, the enterprise shall terminate business from the registration’s expiry date. The registrations of those that do not apply for an extension within the registration validity period shall become null and void upon the expiry date. Enterprises that wish to continue operating shall reapply.
The review period for the registry competent authority handling extension applications from recycling and disposal enterprises shall be determined pursuant to Article 6. Records on environmental protection investigation and interdiction; variations in the quality of the environment; and other review items deemed necessary by the competent authority shall also be taken into account. These review items shall be the basis for rejecting or approving extension applications. In principle the review shall be based on written documentation; on-site inspections shall be conducted when deemed necessary.
In the case where a waste lubricant recycling enterprise providing an affidavit stating it does not own or operate storage facilities needs to add storage facilities after applying and obtaining registration, the enterprise shall reapply for registration pursuant to Article 4.
An application form and the following documents shall be submitted when applying for a registration extension as a recycling enterprise:
Relevant verification documents for the approval of installation by the government agency
Personal identification document of statutory responsible person
Originally issued registration
A written explanation of the recycling items and the maximum storage capacity of the storage site
Clearance and transport equipment identification list and proof of tool purchase or vehicle registration; enterprises that do not own clearance and transport equipment shall append the contract commissioning a legal shipping enterprise to transport recyclable waste.
A written statement of pollution control (remediation) measures
A layout diagram of storage site facilities
Other documents designated by the central competent authority
An application form and the following documents shall be submitted when applying for a registration extension as a disposal enterprise:
Relevant verification documents for the approval of installation by the government agency
Personal identification document of statutory responsible person
Originally issued registration
A written statement of the disposal items and the maximum disposal capacity of the factory or site
A statement of the types of derivative waste and the maximum amount produced along with verification of the reuse of derivative waste or the disposal commission contract
Written statement of the disposal process, equipment and tools
A disposal plan for recyclable waste and derivative waste remaining in the disposal factory or site after the termination of business, suspension of business, revocation of registration or registration of cancellation
A written statement of pollution control (remediation) measures
Factory (site) location maps and layout diagram of facilities.
Other documents designated by the central competent authority.
Disposal enterprises that export waste to an overseas location shall provide a clearance and transport equipment identification list and proof of tool purchase or vehicle registration; enterprises that do not own clearance and transport equipment shall append the contract commissioning a legal shipping enterprise to transport recyclable waste.
Items that shall be recorded on the recycling and disposal enterprise registration are as follows:
Registration number
Name and address of establishment
The full name and identification number of the statutory responsible person
Registration approval date and validity period
The industry type ??recycling enterprise or disposal enterprise ??and the recycling or disposal items shall be clearly stated.
The location of the recycling storage site or disposal site (factory)
In one of the following circumstances, items recorded on the recycling and disposal enterprise registration or the content of documents appended to the application shall be modified:
The title or address of the establishment; or the full name, address or personal identification number of the statutory responsible person is modified.
Other items recorded on the registration or the content of application documents ??disposal process and equipment, pollution control measures, the types of derivative waste and the maximum amount produced, verification of the reuse of derivative waste or the disposal commission contract ??are modified.
The modifications in the foregoing paragraph shall be made pursuant to the following regulations:
In the case of Subparagraph 1 of the foregoing Paragraph, the enterprise shall submit relevant modification verification documents to the registry competent authority within 15 days of the modification.
In the case of Subparagraph 2 of the foregoing Paragraph, the enterprise shall submit relevant modification verification documents to the registry competent authority prior to the modification pursuant to Articles 4 and 5.
When conducting the review for modifications in Paragraph 1, Subparagraph 2, the registry competent authority shall conduct a written review or conduct an on-site inspection.
When modifications are made to items recorded on the registration or in the content of documents appended to the application, the enterprise shall apply at the registry competent authority where the registration application was originally submitted. The registry competent authority after modifications shall, upon notification by the original registry competent authority, handle the application.
When one of the following circumstances applies to a recycling or disposal enterprise, the registry competent authority shall revoke the registration pursuant to its authority:
False information is provided for items recorded on the registration.
An enterprise is operating in violation of the law and is ordered to terminate business.
The application documents are false or the affidavit stating that that waste lubricant recycling enterprise had no storage site at the time of application does not corroborate.
An enterprise did not conduct modifications pursuant to these Regulations.
After registration an enterprise does not provide a quarterly report of operating statistics for two consecutive business quarters.
An enterprise does not obtain an extension before the expiry date of the registration pursuant to these Regulations.
Severe circumstances where there are violations of these Regulations or regulations concerning environmental protection laws.
A recycling or disposal enterprise has still not commenced business six months after the date of registration; or a recycling or disposal enterprise commences business and then terminates business for six months or longer; or the central competent authority officially announces the cancellation of recycling or disposal items and the registry competent authority revokes the registered items or the registration pursuant to its authority.
Concerning the time limits in the foregoing paragraph, if a valid reason is provided an enterprise may request approval from the registry competent authority for an extension. An extension may be no longer than one year.
When the registry competent authority issues, modifies, revokes or registers cancellation of a registration, a copy shall be sent to the central competent authority.
Untreated recyclable waste and derivative waste remaining in the disposal factory or site after the termination of business, suspension of business, revocation of registration or registration of cancellation shall be handled in accordance with the local competent authority’s instructions and the recycling or disposal enterprise shall bear responsibility for all necessary expenses.
Recycling and disposal enterprises shall keep day-by-day records of recycling, clearance, disposal of waste electrical wire and cable, steel doors, drainage gutter caps, and other items designated by the central competent authority, listing the item, quantity, date, source, and flow. The records shall be preserved for five years for audit purposes.
Each year prior to the 15th of January, April, July and October the recycling or disposal enterprise shall submit a written report of operating statistics for the previous three months to the registry competent authority according to the format in Article 16.
Each year before the end of January, April, July and October the registry competent authority shall compile all reported recycling and disposal quantities and submit them to the central competent authority to keep on record.
The format of all relevant documents designated in these Regulations shall be determined by the central competent authority.
When recycling or disposal enterprises do not reach the scale as determined and officially announced by the central competent authority, these Regulations shall apply, registration and reports shall be conducted according to these Regulations, and the recycling or disposal enterprises will be subject to these regulations.
For recycling or disposal enterprises that completed registration prior to the revision of these Regulations, modifications to recorded items on the original registration shall be handled pursuant to Article 11.
Recycling or disposal enterprises that completed registration prior to the revision of these Regulations shall submit the documents listed in Articles 8 and 9 to the registry competent authority according to the following timetable:
Those that obtained registration prior to January 1, 2004, shall re-register before February 31, 2007.
Those that obtained registration on or after January 1, 2004, shall re-register before December 31, 2008.
These Regulations shall take effect on the date of promulgation.
