Regulations on the prevention and control of tailings pollution

(August 17, 1992, National Environmental Protection Agency)
   
Article 1 In order to protect the environment and prevent tailings pollution, these regulations are formulated in accordance with the Environmental Protection Law of the People's Republic of China and relevant laws and regulations.
    
Article 2 The tailings referred to in these Regulations refer to the waste generated during the beneficiation and wet smelting process.
    
Article 3 These Provisions apply to the pollution prevention, supervision and management of tailings produced by enterprises within the territory of the People's Republic of China.
Hydraulic cleared alumina plant red mud and coal-fired power plant fly ash slag pollution prevention provisions also apply.
The pollution prevention and control of radioactive tailings and non-radiative tailings with radioactive tailings is carried out in accordance with the national regulations on radioactive waste protection.
   
Article 4 The administrative department of environmental protection of the people's government at or above the county level shall implement unified supervision and management of the prevention and control of tailings pollution within its jurisdiction.
   
Article 5 The administrative department of environmental protection of the people's government at or above the county level shall commend the units and individuals that have made outstanding achievements in the prevention and control of tailings pollution.
   
Article 6 The administrative department of environmental protection of the people's government at or above the county level has the right to conduct on-site inspections of enterprises that produce tailings within their jurisdiction. The enterprise being inspected shall truthfully reflect the situation and provide the necessary information. The inspection authority shall keep technical secrets and business secrets for the unit being inspected.
   
Article 7 Enterprises that produce tailings must formulate tailings pollution prevention and control plans, establish pollution prevention responsibility systems, and take effective measures to prevent tailings from polluting and harming the environment.
   
Article 8 Enterprises that produce tailings must report to the local environmental protection administrative department for discharge declaration and registration.
   
Article 9 The construction, reconstruction or expansion of tailings must comply with the State's regulations on environmental protection management of construction projects.
   
Article 10 The tailings produced by the enterprise must be discharged into the tailings facilities and shall not be discharged at will.
Enterprises without tailings facilities or those with imperfect tailings facilities and serious environmental pollution shall be reported to the people's government at the same level for approval by the administrative department of environmental protection in accordance with the law, and shall be completed or improved within a time limit.
   
Article 11 The tailings containing hazardous wastes shall be stored, and the tailings reservoir shall be protected against leakage.
   
Article 12 Enterprises that produce tailings shall not be built in the scenic spots, nature reserves and other areas requiring special protection designated by the State Council, the relevant competent department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; The tailings water must meet the national or local standards for pollutant discharge.
If the discharge of tailings water to the above-mentioned areas exceeds the national or local standards for pollutant discharge, it shall be rectified within a time limit.
   
Article 13 The tailings storage facilities must have measures to prevent tailings loss and tailings dust flying.
   
Article 14 Enterprises that produce tailings shall strengthen the management and inspection of tailings facilities and take preventive measures to eliminate hidden dangers.
   
Article 15 Enterprises that cause or may cause tailings pollution accidents due to accidents or other sudden incidents must immediately take emergency measures to timely report the units and residents that may be harmed, and report to the local environmental protection administrative departments and enterprises. The competent department reports and is subject to investigation and handling.
The local environmental protection administrative department shall report to the local people's government and the higher-level environmental protection administrative department immediately after receiving the report on the tailings pollution accident. For the large tailings pollution accident, the local environmental protection administrative department shall report to the National Environmental Protection Bureau.
No unit or individual may interfere with the rescue and handling of accidents.
Enterprises that may have major pollution accidents should take measures to strengthen prevention.
   
Article 16 Any unit or individual is prohibited from excavating, cultivating, grazing, constructing and other acts that interfere with the normal use of tailings facilities and may cause pollution hazards in tailings facilities.
   
Article 17 After the tailings storage facilities are stopped, they must be disposed of to ensure the safety of the dam, not pollute the environment, and eliminate hidden dangers of pollution accidents.
The closure of the tailings facility must be reported to the local provincial environmental protection administrative department for approval and approval by the competent department of the enterprise.
The pollution control of the tailings facility after the transfer of experience is the responsibility of the receiving unit.
The use of disposed tailings or its facilities shall be approved by the local environmental protection administrative department and reported to the provincial environmental protection administrative department for the record.
   
Article 18 Anyone who violates these Provisions and commits one of the following acts shall be given administrative punishment by the administrative department of environmental protection according to law:
(1) If the enterprise that produces the tailings fails to report to the local environmental protection administrative department of the local people's government, it may impose a fine of not less than 300 yuan but not more than 3,000 yuan, and the discharge declaration and registration formalities shall be renewed within a time limit;
(2) Violation of the provisions of Article 10 of these Provisions, after the deadline for rectification, completion or improvement of tailings facilities at the end of the period, or violation of the provisions of Article 12 of these Provisions, if the unfinished tasks are managed within a time limit, the damage caused shall be 10,000 a fine of not more than 100,000 yuan, or the people's government to order the suspension of production;
(3) If the refusal of the environmental protection administrative department to conduct on-site inspection or falsification at the time of inspection, a warning shall be given, or a fine of not less than 300 yuan but not more than 3,000 yuan shall be imposed.
   
Article 19 The tailings facilities referred to in these Provisions refer to the storage facilities of tailings (tailings, red mud, ash, etc.), slurry conveying systems, clarified water recovery systems, osmotic water interception and recovery systems, Flood discharge project, comprehensive utilization of tailings and other pollution prevention facilities.
   
Article 20 These Provisions shall come into force on October 1, 1992.

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