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Article 1. The present Measures are applicable to the administrative punishments implemented on acts in violation of medical waste management provisions by the competent administrative department of public health and competent administrative department of environmental protection of the people's government at or above the county level according to their own duties in accordance with the Law of the People's Republic of China on the Prevention and Treatment of Infectious Diseases, the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, and the Regulation on Medial Waste Management (hereinafter referred to the Regulation). Article 2. In case any medical and health institution has any of the following circumstances prescribed in Article 45 of the Regulation, the competent administrative department of public health of the people's government at or above the county level shall order it to correct within a prescribed time limit and give it warnings. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 2,000 Yuan up to RMB 5,000 Yuan: (1) Failing to establish and improve the medical waste management system or failing to set up monitoring department or assign full time or part time personnel; (2) Failing to train the relevant personnel in knowledge such as relevant laws and special technology, safeguard and precautious measures and emergency handling etc.; (3) Failing to make registration for the medical wastes or failing to keep the registration documents; (4) Failing to sterilize and wash the tools or vehicles for transportation of the medical wastes at the designated place in time after they are used; or (5) Any medical and health institution that has established medial waste disposal facilities by itself according to the Regulation fails to make examination and appraisal on the prevention and control of pollution of the medical waste disposal facilities and the hygienic effect, or fails to put on archives and report the examination and appraisal effect. Article 3. In case any entity of centralized disposal of medical wastes has any of the following circumstances prescribed in Article 45 of the Regulation, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to correct within a prescribed time limit, and give it warnings. If it still fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 2,000 Yuan up to RMB 5,000 Yuan: (1) Failing to establish and improve the medical waste management system or failing to set up monitoring department or full time or part time personnel; (2) Failing to train the relevant personnel in knowledge such as the relevant laws and special technology, safeguard and precautious measures and emergency handling etc.; (3) Failing to make registration for the medical wastes or failing to keep the registration documents; (4) Failing to sterilize and wash the vehicles for transportation of the medical wastes at the designated place in time after they are used; (5) Failing to collect or deliver the medical wastes in time; or (6) Failing to make examination and appraisal on the prevention and control of pollution of the medical waste disposal facilities and on the hygienic effect, or failing to put on archives and report the examination and appraisal effect. Article 4. Where any medical and health institution or entity of centralized disposal of medical wastes has any circumstances prescribed in Article 45 of the Regulation, and fails to take professional sanitary and precautious measures to protect the personnel and management personnel undertaking the work of collection, transportation, storage and disposal of medical wastes, the competent administrative department of public health of the local people's government at or above the county level shall order it to correct within a prescribed time limit and give it warnings. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 2,000 Yuan up to RMB 5,000 Yuan. Article 5. In case any medical and health institution has any of the following circumstances prescribed in Article 46 of the Regulation, the competent administrative department of public health of the local people's government at or above the county level shall order it to correct within a prescribed time limit, and give it warnings, and impose upon it a fine of less than RMB 5,000 Yuan concurrently. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 5,000 Yuan up to RMB 30,000 Yuan: (1) The storage facilities or equipment fails to meet the requirements for environmental protection and sanitation; (2) Failing to have the medical wastes placed into the special wraps or containers separately by categories; or (3) Failing to transport the medical wastes by using the transportation vehicles conforming to the requirements. Article 6. Where any entity of centralized disposal of medical wastes has any of the following circumstances prescribed in Article 46 of the Regulation, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to correct within a prescribed time limit and give it warnings, and impose upon it a fine of less than 5,000 Yuan. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 5,000 Yuan up to RMB 30,000 Yuan: (1) The storage facilities or equipment fails to meet the requirements for the environmental protection or sanitation; (2) Failing to have the medical wastes placed into the special wraps or containers separately by categories; (3) Failing to transport the medical wastes by using the special vehicles meeting the requirements; or (4) Failing to install devices for on-line monitoring of the pollutant discharge, or the monitoring device is not in the normative operation state. Article 7. In case any medical and health institution has any of the following circumstances prescribed in Article 47, the competent administrative department of public health of the local people's government at or above the county level shall order it to correct within a prescribed time limit and give it warnings, and impose upon it a fine of RMB 5,000 Yuan up to RMB 10,000 Yuan. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 10,000 Yuan up to RMB 30,000 Yuan: (1) Discarding medical wastes during the process of transportation within the medical and health institution, dumping or piling up medical wastes off the storage site or mixing the medical wastes into other wastes and household rubbish; (2) Failing to make rigorous sterilization on the sewage, and the excrement of the patients of infectious diseases or suspected patients of infectious diseases, or failing to meet the national standards for emission to discharge the excrement into the sewage disposal system within the medical and health institution; or (3) Failing to manage and dispose the household rubbish generated from the patients of infectious diseases or suspected patients of infectious diseases they accept and treat as medical wastes. Where any medical and health institution discards medical wastes during the course of transportation outside the medical and health institution, or dumps or piles up medical wastes off the storage sites or mixes the medical wastes into other wastes or household rubbish, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to correct within a prescribed time limit and give it warnings, and impose upon it a fine of RMB 5,000 Yuan up to RMB 10,000 Yuan. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 10,000 Yuan up to RMB 30,000 Yuan. Article 8. In case any entity of centralized disposal of medical wastes has any of the circumstances prescribed in Article 47 of the Regulation, and discards the medical wastes in the transportation, or dumps or piles up medical wastes off the storage sites or mixes the medical wastes into other wastes or household rubbish, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to correct within a prescribed time limit and give it warnings, and impose upon it a fine of RMB 5,000 Yuan up to RMB 10,000 Yuan. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 10,000 Yuan up to RMB 30,000 Yuan. Article 9. Where any entity of centralized disposal of medical wastes or any medical and health institution that has established medical waste disposal facilities by itself has any of the circumstances prescribed in Article 47 of the Regulation, and does not conform to the state standards and regulations for environmental protection and sanitation, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to correct within a prescribed time limit and give it warnings, and impose upon it a fine of RMB 5,000 Yuan up to RMB 10,000 Yuan. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 10,000 Yuan up to RMB 30,000 Yuan. Article 10. Where any medical and health institution and any entity of centralized disposal of medical wastes has any of the following circumstances prescribed in Article 47 of the Regulation, the competent administrative department of environmental protection of the people's government at or above the county level shall order it to stop the illegal act, and to correct within a prescribed time limit, and impose upon it a fine of less than RMB 50,000 Yuan. (1) Failing to implement multi-documentation management system for transfer of hazardous wastes; or (2) Handing over or entrusting the medical wastes to any entity or individual that has not obtained the permit for operation to collect, transport, stock or dispose. Article 11. In case of the circumstances prescribed in Article 49 of the Regulation, any medical and health institution who fails to take emergency handling measures for the occurrence of any losing, leaking, or spreading of medical wastes, or fails to report to the competent administrative department of public health in time, the competent administrative department of public health of the local people's government at or above the county level shall order it to correct and give it warnings, and impose upon it a fine of RMB 10,000 Yuan up to RMB 30,000 Yuan. Where any entity of centralized disposal of medical wastes fails to take emergency handling measures for the occurrence of any losing, leaking or spreading of medical wastes, or fails to report to the competent administrative department of environmental protection in time, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to correct and give it warnings, and impose upon it a fine of RMB 10,000 Yuan up to RMB 30,000 Yuan. Article 12. In case of the circumstances prescribed in Article 50 of the Regulation, any medical and health institution or entity of centralized disposal of medical wastes obstructs the law enforcement personnel of the competent administrative department of public health in performing their duties, does not let the law enforcement personnel to enter the scene, or does not cooperate with the law enforcement department in the inspection, monitoring or investigation and evidence obtaining, the competent administrative department of public health of the local people's government at or above the county level shall order it to correct and give it warnings. If it refuses to correct, the competent administrative department of public health that issued the certificate originally shall suspend or revoke the certificate of practice of the medical and health institution. In case any medical and health institution or any entity of centralized disposal of medical wastes obstructs the law enforcement personnel of the competent administrative department of environmental protection in performing their duties, does not let the law enforcement personnel to enter the scene, or does not cooperate with the law enforcement department in the inspection, monitoring, and investigation and evidence obtaining, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to correct within a prescribed time limit and impose upon it a fine of less than RMB 10,000 Yuan. If it refuses to correct, the competent administrative department of environmental protection that issued the certificate originally shall suspend or revoke its permit for operation of the entity of centralized disposal of medical wastes. Article 13. In case of the circumstances prescribed in Article 51 of the Regulation, in any rural area that does not have the condition for centralized disposal of medical wastes, if any medical and health institution fails to dispose medical wastes in accordance with the relevant requirements for prevention and control of diseases prescribed by the competent administrative department of public health, the competent administrative department of public health of the people's government at the county level shall order it to correct within a prescribed time limit, and give it warnings. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 1,000 Yuan up to RMB 5,000 Yuan. If it fails to dispose medical wastes in accordance with the requirements of the competent administrative department of environmental protection for the prevention and control of environmental pollution, the competent administrative department of environmental protection of the people's government at the county level shall order it to correct within a prescribed time limit and give it warnings. If it fails to correct within the prescribed time limit, it shall be imposed upon a fine of RMB 1,000 Yuan up to RMB 5,000 Yuan. Article 14. In case of the circumstances prescribed in Article 52 of the Regulation, any entity or individual that fails to obtain the permit for operation undertakes activities such as the collection, transportation, storage and disposal of medical wastes, the competent administrative department of environmental protection of the local people's government at or above the county level shall order it to stop the illegal acts, confiscate the illegal gains and may also impose upon it a fine of less than one time of the illegal gains concurrently. Article 15. In case of the circumstances prescribed in Articles 47, 48, 49 and 51 of the Regulation, any medical and health institution causes the spread of any infectious disease, the competent administrative department of public health of the local people's government at or above the county level shall punish it according to law, and the competent administrative department of public health that issued the license shall suspend or revoke the practice license. If it causes any accident of environmental pollution, the competent administrative department of environmental protection of the local people's government at or above the county level shall punish it in accordance with the relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, and the competent administrative department of public health that issued the license shall suspend or revoke its practice license. In case any entity of centralized disposal of medical wastes causes the spread of any infectious disease, the competent administrative department of public health of the local people's government at or above the county level shall punish it according to law, and the competent administrative department of environmental protection that issued the license shall suspend or revoke its permit for operation. If it causes any accident of environmental pollution, the competent administrative department of environmental protection of the local people's government at or above the county level shall punish it in accordance with the relevant provisions of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, and the competent administrative department of environmental protection that issued the license shall suspend or revoke its permit for operation. Article 16. In case of the circumstances prescribed in Article 53 of the Regulation, any entity or individual transfers, purchases or sells medical wastes, mails or transports medical wastes through railroad or aviation, or transports medical wastes by water in violation of the provisions of the Regulation, the competent administrative department of environmental protection of the local people's government at or above the county level shall order the two parties of the transfer and buyer and seller, mailer, or consignor to stop the illegal act immediately, give warnings, and confiscate the illegal gains. If the illegal gains are more than RMB 5,000 Yuan, a fine of two times up to five times of the illegal gains shall be imposed upon it. If there are no illegal gains or the illegal gains are less than RMB 5,000 Yuan, a fine of RMB 5,000 Yuan up to RMB 20,000 Yuan shall be imposed concurrently. In case any carrier knowingly transports the medical wastes of a consignor, who transports the medical wastes in violation of the provisions of the Regulation, or the carrier carries the medical wastes with the passengers in the same transportation vehicles, it shall be punished in accordance with the provisions of the preceding paragraph. Article 17. The present Measures shall come into force as of June 1, 2004. |
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