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深圳市人民政府令第138号

颁布日期:20041201  实施日期:20050101  颁布单位:深圳市人民政府 (来源:英语论坛 http://bbs.englishcn.com)

  Administrative Rules of Shenzhen Municipality on the Centralized Disposal of Medical Waste

  Chapter I General Provisions

  Article 1 In order to standardize the centralized disposal of medical waste, improve the safety administration of medical waste, prevent disease from spreading, protect environment and ensure human health, these rules are formulated in accordance with the “ Law of the People‘s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste”, the “Administrative Regulations on Medical waste”, the “ Administrative Measures on Operation License of Dangerous Waste ” and relevant laws and regulations.

  Article 2 These rules shall apply to the collection, transportation, storage, disposal, supervision and administration of medical waste in Shenzhen Municipality.

  Article 3 The “Medical waste” mentioned in these rules means the waste which is listed in the national medical waste category and shall be supervised and disposed in accordance with relevant state regulations.

  Article 4 The disposal of medical waste shall observe the principles of centralization and harmlessness.

  Article 5

  The municipal administrative department of environment protection (hereinafter referred to as the municipal department of environment protection) shall conduct unified supervision and administration to the protection and improvement of environment in the centralized disposal of medical waste.

  The departments of health and price shall accomplish the supervision and administration to centralized disposal of medical waste according to their respective functions and duties.

  Chapter II Centralized Disposal of Medical waste

  Article 6

  Any unit, which wants to engage in the centralized disposal of medical waste, shall apply for an operation license to the municipal department of environment protection according to state regulations, and shall not engage in the activity concerning centralized disposal of medical waste without the said operation license.

  Article 7 The unit, which engages in the centralized disposal of medical waste, shall satisfy the following requirements:

  1. having equipments and facilities for storing or disposing medical waste, which satisfy the requirements of environment protection and sanitation;

  2. having trained technicians and technical workers;

  3. having institutions and persons conducting the examination and assessment of medical waste disposal effect;

  4. having working rules and systems to ensure the safety of medical waste disposal.

  Article 8 The municipal government or its authorized departments shall decide on the unit of disposing medical waste centrally by fair competition, such as bidding or enlisting, and issue an operation license of centralized disposal of medical waste to the chosen unit.

  Article 9 The unit disposing medical waste centrally shall provide the service of disposing medical waste in centralization, safety, harmlessness, which price shall be reasonable.

  Article 10 The land used for disposing medical waste centrally is the land for special use, and shall not be rented out, transferred to others or transferred for other uses.

  If the land for disposing medical waste centrally is no longer for special use according to law, the unit disposing medical waste centrally shall adopt measures to recover its ecology, organize the assessment of effect on environment, and submit it to the municipal department of environment protection for examination and acceptance.

  Article 11 In case that the operation license of disposing medical waste centrally expires or is revoked, the original unit of disposing medial waste centrally shall keep facilities working normally before a new unit disposing medical waste centrally is chosen.

  Article 12 The facilities and sites for disposing medical waste centrally shall be constructed strictly in accordance with the state administrative regulations on environment protection of construction project, and shall not be put into use until passing the examination and acceptance conducted by the municipal department of environment protection according to state regulations.

  Article 13 The medical health institution shall disinfect, package and store the discharged medical waste in accordance with regulations on environment protection and epidemic prevention, prevent or reduce the environmental pollution by medical waste.

  Article 14 The medical health institution shall collect and store medical wastes separately according to their different characteristics.

  It is forbidden to store or dispose medical waste mixed with house refuse or other waste.

  Article 15 The medical health institution shall deliver medical waste to the unit disposing medical waste centrally for disposal, and pay the medical waste disposal fee according to state regulations.

  The unit disposing medical waste centrally shall make an agreement on centralized disposal of medical waste with the medical health institution to define respective obligations and rights.

  Article 16 The charging standard of medical waste disposal fee shall be established by the municipal department of price, jointly with the municipal departments of environment protection and sanitation, in accordance with the principles of recovering medical waste disposal cost and profiting reasonably.

  Article 17 The medical health institution and the unit disposing medical waste centrally shall strictly implement the system of duplicate forms for transfer of hazardous waste.

  Article 18 The unit disposing medical waste centrally shall improve the maintenance and renewal of facilities and equipments for storage or disposal, and keep them in normal operation.

  It is forbidden to close, leave idle or dismantle the facilities and equipments. If it is really necessary to close, leave idle or dismantle the facilities and equipments, an approval shall be obtained from the municipal department of environment protection according to state regulations.

  Article 19 The unit disposing medical waste centrally shall go to the medical health institution to collect and transport medical waste at least every other two days (including legal holidays)。

  The specific frequency of colleting medical waste shall be agreed on by the medical health institution and the unit disposing medical waste centrally in their service agreement.

  Article 20 The medical waste shall be transported away from areas sensitive in environment, such as the conservation area of water source.

  Article 21 The unit disposing medical waste centrally shall not refuse to accept any medical waste with any excuse.

  The medical waste shall be disposed in 24 hours upon being transported from the medical health institution, unless the state laws and regulations provide otherwise.

  Article 22 The methods and technologies adopted by the unit disposing medical waste centrally to collect, transport, store or dispose medical waste shall comply with the national technology standards and rules.

  The unit disposing medical waste centrally shall adopt effective measures to prevent and control environmental pollution when it collects, transports, stores or disposes medical waste. The amount of discharged pollutants shall not violate the national and local standards.

  Article 23 The unit disposing medical waste centrally shall install a device for monitoring pollutant discharge online, establish a system for transporting data and information, and ensure the monitoring device and data transportation system in normal operation.

  Chapter III Supervision and Administration

  Article 24 The municipal department of environment protection shall regularly entrust a certified public accounting firm with qualification to examine and calculate the cost and profit of the operation of medical waste disposal facilities, and entrust an auditing institution to audit the state of operation.

  The result of auditing and accounting shall be regularly publicized to society by the municipal department of environment protection.

  Article 25 The municipal department of environment protection shall conduct regular supervision and check, or irregular selective examination to the unit disposing medical waste centrally on the collection, transportation, storage and disposal of medical waste.

  Article 26 The municipal department of health shall conduct regular supervision and check, or irregular selective examination to the medical health institution on the collection, transportation, and storage of medical waste.

  Article 27 In the case that the municipal department of environment protection or health receives a complaint or report showing that the unit disposing medical waste centrally or the medical health institution and its working person violate these rules, it shall verify the facts in time, deal with the complaint or report according to law and publicize the dealing result.

  Article 28 The department of price shall be in charge of the supervision and check to the collection of centralized disposal fee of medical waste, and deal with the activity violating these rules according to law.

  Chapter IV Legal Liabilities

  Article 29 Any unit disposing medical waste centrally, which violates Article 10,11,the second paragraph of Article 15 or the first paragraph of Article 21 of these rules, shall be ordered to make correction within a limited time by the municipal department of environment protection, and shall be imposed a fine of 20,000 to 50,000 yuan simultaneously.

  Article 30 Any medical health institution, which violates the first paragraph of Article 15 of these rules, shall be ordered to make correction within a limited time by the municipal department of environment protection, and shall be imposed a fine of 20,000 to 50,000 yuan simultaneously. In case that the medical health institution fails to make correction within the time limit, the municipal department of environment protection shall designate a unit to dispose according to state regulations for it. The expenses occurred in the disposal shall be paid by the medical health institution.

  Chapter V Supplementary Provisions

  Article 31 The matters, which are not covered by these rules, shall be subject to relevant laws and regulations.

  Article 32 These rules shall enter into force as of Jan 1, 2005.

 
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