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CIRCULAR OF THE STATE DEVELOPMENT AND REFORM COMMISSION AND THE MINISTRY OF FINANCE ON RE-SETTING THE FEE CHARGING RATES FOR DUMPING WASTES INTO THE OCEAN |
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(No. 2648 [2005] of the State Development and Reform Commission December 15, 2005) |
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SUBJECT : MARINE POLLUTION; DUMPING WASTES INTO THE OCEAN; CHARGING RATES |
ISSUING DEPARTMENT : THE STATE DEVELOPMENT AND REFORM COMMISSION, THE MINISTRY OF FINANCE |
ISSUE DATE : 12/15/2005 |
IMPLEMENT DATE : 12/15/2005 |
LENGTH : 1,419 words |
TEXT : |
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In order to further intensify the protection of oceanic environment and according to the relevant laws and regulations such as the Law of the People's Republic of China on the Protection of the Marine Environment, we hereby notify the re-setting of the fee charging rates for dumping wastes into the ocean and relevant issues as follows:
1. Where any enterprise, public institution or other economic entity dumps any waste into any inland water, territorial sea, exclusive economic zone, continental shelf or any other sea area under jurisdiction pays fees according to the fee charging rates for dumping wastes into ocean and relevant provisions, it shall be implemented according to the provisions of the Fee Charging Rates for Dumping Waste into the Ocean in the attachment.
2. The fees as charged for dumping wastes into the ocean shall be respectively collected by the State Oceanic Administration and the administrative departments of marine affairs of the coastal provinces, autonomous regions, and municipalities directly under the Central government. The fee charging authority shall conform to the authority issuing licenses as prescribed in the Measures for the Administration of Accredited Issuance of License for Dumping Wastes into the Ocean (Order No. 25 of the Ministry of Land and Resources). The fees as charged for dumping wastes into ocean shall be turned over into the state treasury and provincial treasury respectively according to their subjection relationship and shall be subject to the administration of "separation of revenue and expenditure". The specific measures shall be carried out according to the relevant provisions of the financial department at the same level.
3. The fee charging rates for the testing of property and components of wastes as conducted by a testing institution that has been recognized by the administrative department of marine affairs for an entity that applies for dumping waste into the ocean shall be formulated by the departments of price and finance of the relevant province, autonomous region, or municipality directly under the Central Government.
4. A fee charging entity shall, according to relevant provisions, go to the designated administrative department of price to apply for and collect the license for fee charge, use the receipts as uniformly printed and formulated by the financial department at or above the level of province, autonomous region, or municipality directly under the Central Government, and shall offer to accept the supervision and examination of the departments of price and finance.
5. The fee charging rates as prescribed in the present Circular shall come into force as of the day of promulgation with a valid term of 2 years. Upon expiration, the said rates shall be reported to the State Development and Reform Commission and the Ministry of Finance by the State Oceanic Administration according to the prescribed procedures. The original Circular of the State Price Bureau and the Ministry of Finance on Collecting Fees for Dumping Wastes into the Ocean and Fees for Excessive Pollutant Discharge into the Ocean (No. 434 [1992] of the State Price Bureau) shall be simultaneously abolished.
Attachment: Fee Charging Rates for Dumping Wastes into the Ocean
Attachment:
FEE CHARGING RATES FOR DUMPING WASTES INTO THE OCEAN
(Unit: yuan/cubic meters)
I. Categories Of Wastes: Dredging stuffs; Clean dredging stuffs II. Dumping Means and Zones: (1) Riparian Dumping A: 0.30 (2) Pelagic Dumping B: 0.15 (3) Rewarding Disposal C: 0.05
I. Categories Of Wastes: Dredging stuffs; Contaminated dredging stuffs; Having passed all the biological tests II. Dumping Means and Zones: (1) Riparian Dumping A: 0.40 (2) Pelagic Dumping B: 0.20 (3) Rewarding Disposal C: 0.10
I. Categories Of Wastes: Dredging stuffs; Contaminated dredging stuffs; One living being fails to pass the biological tests II. Dumping Means and Zones: (1) Riparian Dumping A: 0.80 (2) Pelagic Dumping B: 0.40 (3) Rewarding Disposal C: 0.15
I. Categories Of Wastes: Dredging stuffs; Contaminated dredging stuffs; Two or three living beings fail to pass the biological tests II. Dumping Means and Zones: (1) Riparian Dumping A: 1.50 (2) Pelagic Dumping B: 0.60 (3) Rewarding Disposal C: 0.20
I. Categories Of Wastes: Dredging stuffs; Polluted dredging stuffs; One living being fails to pass the biological tests II. Dumping Means and Zones: (1) Riparian Dumping A: 1.50 (2) Pelagic Dumping B: 0.60 (3) Rewarding Disposal C: 0.20
I. Categories Of Wastes: Dredging stuffs; Polluted dredging stuffs; Two or three living beings fail to pass the biological tests II. Dumping Means and Zones: (1) Riparian Dumping A: 3.00 (2) Pelagic Dumping B: 1.00 (3) Rewarding Disposal C: -
I. Categories Of Wastes: Urban drain silt II. Dumping Means and Zones: (1) Riparian Dumping A: 6.00 (2) Pelagic Dumping B: 2.00 (3) Rewarding Disposal C: -
I. Categories Of Wastes: Fishery processing wastes II. Dumping Means and Zones: (1) Riparian Dumping A: 0.40 (2) Pelagic Dumping B: 0.20 (3) Rewarding Disposal C: -
I. Categories Of Wastes: Inertia inorganic geological wastes II. Dumping Means and Zones: (1) Riparian Dumping A: 0.50 (2) Pelagic Dumping B: 0.20 (3) Rewarding Disposal C: 0.10
I. Categories Of Wastes: Natural organic matters II. Dumping Means and Zones: (1) Riparian Dumping A: 0.40 (2) Pelagic Dumping B: 0.20 (3) Rewarding Disposal C: 0.10
I. Categories Of Wastes: Island building materials II. Dumping Means and Zones: (1) Riparian Dumping A: 0.40 (2) Pelagic Dumping B: 0.20 (3) Rewarding Disposal C: 0.10
I. Categories Of Wastes: Vessels, platforms or other offshore man-made structures II. Dumping Means and Zones: (1) Riparian Dumping A:- (2) Pelagic Dumping B:- (3) Rewarding Disposal C: - The state administrative department of marine affairs shall, according to the property of wastes, disposal in the origin or a different place, environmental sensitivity of a disposal zone, volume of wastes, sea occupation area, pre-dumping dismantlement as well as whether or not other rewarding disposal, as different from oceanic disposal, is adopted, carry out disposal on a case-by-case basis cases. The rates for once-off fee charge shall be reported to the administrative departments of price and finance of the State Council for archival filing.
Notes:
I. Categories of Wastes
According to relevant provisions, the wastes that can be dumped into ocean are classified into 7 categories. They are: (1) Dredging stuff: The sediments as excavated from underwater, including the settlings as formed by silting-up, river scouring or natural sediment. According to the standards for classifying dredging stuffs that are dumped into the ocean and the property of dredging stuffs, pollutant contents and its impact on marine environment, the dredging stuffs are classified into three categories: clean dredging stuffs, contaminated dredging stuffs and polluted dredging stuffs. The contaminated dredging stuffs and polluted dredging stuffs shall go through biological inspection and may only be dumped into ocean after a proper disposal is conducted. (2) Urban drain silt: The remnant wastes rich in organic matters upon a municipal disposal of wasted water, which are engendered from a physical process. (3) Fishery processing wastes: The wastes that are engendered from the fishery processing such as pelagic fishing and aquatic breeding and are composed of meat, skin, bone, bowel or shell of aquatic products or affiance of fish protein concentrate. (4) Inertia inorganic geological wastes: The inorganic wastes from the nature that are engendered from mining or project construction, mainly composed of rock, dines and earth and not including any sea mud, pond mud, household garbage, plastic cement, metal, pitch, industrial and chemical wastes, timber and relic bodies of animals and plants. (5) Natural organic matters: Animals and plants as engendered from agricultural production (6) Island building materials: harmless stuffs engendered from islands far-away from the continent, including iron, steel and concrete that only produce physical impact. (7) Vessels and platforms: The term "vessels" as mentioned herein refers to aquatic navigation tools. The term "platform" as mentioned herein refers to a device as designed and manufactured for production, processing, storage or support for exploring mineral resources.
II. Dumping Zones and Means
(1) Riparian dumping: It refers to a disposal in a dumping zone within 12 sea miles offshore. (2) Pelagic dumping: It refers to a disposal in a dumping zone out of 12 sea miles offshore. (3) Rewarding disposal: It refers to an oceanic disposal where wastes are used as raw materials for such marine projects as beach, sea-bottom breeding, building of inhabits for living beings, maintenance or reinforcement of shore line, embellishment of sightseeing, and offshore construction of dams.
III. Measures for Verifying the Dumping Volume of Dredging Stuffs
The administrative department of marine affairs shall carry out verification according to the excavating volume of the underwater capital construction of a dredging project.
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