The competent authority for protection and other relevant departments shall, in accordance with the Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution and the provisions of these Regulations, supervise and inspect the safety of radioactive waste treatment, storage and disposal.
Article 29 The competent environmental protection department of the people's government at or above the county level and other relevant departments shall have the right to take the following measures when conducting supervision and inspection:
(1) Investigating and understanding the situation with the legal representative and other relevant personnel of the unit under inspection;
(2) Entering the inspected unit for on-site monitoring, inspection, or verification;
(3) Checking and copying relevant documents, records and other relevant materials;
(4) Require the inspected unit to submit relevant information or follow-up treatment report.
(2) The inspected unit shall cooperate, truthfully report the situation, provide necessary information, and shall not refuse or obstruct it.
When the supervision and inspection personnel of the environmental protection department of the people's government at or above the county level and other relevant departments conduct supervision and inspection in accordance with law, they shall present their credentials and keep technical and business secrets for the units under inspection.
Article 30: Nuclear facility operating units, nuclear technology utilization units, and radioactive solid waste storage and disposal units shall establish and improve corresponding levels of safety and security systems in accordance with the magnitude of radioactive waste hazards, and adopt corresponding technical precautions and personnel precautions. And timely conduct emergency drills for radioactive waste pollution accidents.
Article 31: Nuclear facility operating units, nuclear technology utilization units, and radioactive solid waste storage and disposal units shall provide nuclear and radiation safety knowledge and professional operating techniques to their staff directly engaged in radioactive waste processing, storage, and disposal activities. Training and assessment; only those who pass the assessment can engage in the job.
Article 32 The nuclear facility operating unit, nuclear technology utilization unit and radioactive solid waste storage unit shall, in accordance with the provisions of the competent environmental protection authority of the State Council, report truthfully on a regular basis the radioactive waste generation, discharge, treatment, storage, clean-up, control, delivery and disposal Happening.
The radioactive solid waste disposal unit shall truthfully report to the State Council's environmental protection authority and the nuclear industry authority in the previous year on the reception, disposal, and operation of facilities of the radioactive solid waste.
(Article 33) It is forbidden to send waste radioactive sources and other radioactive solid wastes to units without corresponding permits for storage, disposal, or unauthorized disposal.
It is forbidden to engage in the storage and disposal of radioactive solid wastes without a license or in accordance with the type, scope, scale and duration of activities stipulated in the license.
(Article 34) It is forbidden to import radioactive waste and radioactively contaminated articles into the People's Republic of China or transfer them within the People's Republic of China. The specific measures shall be formulated by the competent department of environmental protection under the State Council together with the competent department of commerce under the State Council, the General Administration of Customs, and the competent department of national entry-exit inspection and quarantine.
Chapter V: Legal Liability
Article 35 Departments and their staff members who have the responsibility for the safety supervision and management of radioactive wastes shall, in violation of the provisions of these Regulations, commit one of the following acts, and shall be punished in accordance with law with directly responsible supervisors and other directly responsible persons; If the person in charge and other persons directly responsible constitute a crime, criminal responsibility shall be investigated according to law:
(1) Issuing a permit for storage and disposal of radioactive solid waste in violation of the provisions of these Regulations;
(2) Violating the provisions of these regulations to approve the selection or construction of disposal facilities that do not meet the site selection plan or site selection technical guidelines and standards;
(3) Failing to investigate and punish the found violations of these regulations;
(4) in the process of processing radioactive solid waste storage and disposal permits and implementing supervision and inspection, soliciting or accepting the property of others or seeking other benefits;
(5) Other acts of malpractice for personal gain, abuse of power, and neglect of duty.
Article 36 In violation of the provisions of these Regulations, if a nuclear facility operating unit or a nuclear technology utilization unit commits one of the following acts, the environmental protection department in charge of examining and approving the environmental impact assessment document for the establishment of the unit shall order that the illegal act be stopped and corrected within a time limit; In case of correction, the unit with the corresponding license is designated to store or dispose of it. The necessary expenses shall be borne by the nuclear facility operating unit and nuclear technology utilization unit, and a fine of up to 200,000 yuan may be imposed; if a crime is constituted, criminal liability shall be investigated according to law:
(1) Failure of a nuclear facility operating unit to send waste radioactive sources generated by it to storage and disposal, or other radioactive solid waste generated by it, for disposal;
(2) The nuclear technology utilization unit fails to deliver waste radioactive sources or other radioactive solid waste generated by it to storage and disposal in accordance with regulations.
Article 37 If one of the following acts is violated in accordance with these regulations, the competent department of environmental protection of the people's government at or above the county level shall order the suspension of the illegal act, make corrections within a time limit, and impose a fine of 100,000 to 200,000 yuan; causing environmental pollution If you are ordered to take treatment measures to eliminate pollution within a time limit, if you do not take treatment measures within the time limit, and you still do not take treatment after being urged, you can designate a unit with the ability to handle the problem on your behalf, and the cost required shall be borne by the offender; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) The nuclear facility operating unit sends waste radioactive sources to a unit without a corresponding license for storage and disposal, or sends other radioactive solid waste to a unit without a corresponding license for disposal, or disposes without authorization;
(2) The nuclear technology utilization unit sends the waste radioactive source or other radioactive solid waste to the unit without corresponding license for storage, disposal, or unauthorized disposal;
三 (3) The radioactive solid waste storage unit sends the waste radioactive source or other radioactive solid waste to a unit without a corresponding license for disposal, or disposes without authorization.
Article 38 In violation of these regulations, one of the following acts shall be ordered by the competent department of environmental protection of the people ’s government at or above the provincial level to suspend production or business or revoke the license; if there is illegal income, the illegal income shall be confiscated; the illegal income shall be more than 100,000 yuan If the illegal income is less than 100,000 yuan or less than 100,000 yuan, a fine of 50,000 yuan but less than 100,000 yuan shall also be imposed; if environmental pollution is caused, the company shall be ordered to take treatment measures within a time limit. Eliminate pollution, do not take control measures after the deadline, if you still do not take control after being urged, you can designate a unit with the ability to handle the problem on your behalf, and the expenses required shall be borne by the offender; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Unauthorized storage and disposal of waste radioactive sources or other radioactive solid waste without permission;
(2) The unit that stores and disposes of radioactive solid waste does not engage in the storage and disposal of waste radioactive sources or other radioactive solid waste in accordance with the type, scope, scale and period of activities specified in the license;
(3) The unit for storage and disposal of radioactive solid waste has not stored or disposed of used radioactive sources or other radioactive solid waste in accordance with the relevant national standards for radioactive pollution prevention and control and the provisions of the State Council's environmental protection authority.
Article 39 If a unit of storage and disposal of radioactive solid waste fails to establish a record file in accordance with the regulations, or fails to perform truthful records in accordance with the regulations, the competent department of environmental protection of the people's government at or above the provincial level shall order correction within a time limit and impose 10,000 yuan or more but 50,000 yuan Fines up to 50,000 yuan; those who fail to make corrections within the time limit shall be fined 50,000 to 100,000 yuan.
Article 40 If a nuclear facility operating unit, a nuclear technology utilization unit, or a radioactive solid waste storage and disposal unit fails to report the relevant situation truthfully in accordance with the provisions of Article 32 of these Regulations, the competent department of environmental protection of the people's government at or above the county level shall order it within a time limit For corrections, a fine of 10,000 to 50,000 yuan shall be imposed; for those who fail to make corrections within the time limit, a fine of 50,000 to 100,000 yuan shall be imposed.
Article 41 In violation of the provisions of these regulations, refusing or obstructing the supervision and inspection by the competent environmental protection department or other relevant departments, or falsifying while accepting supervision and inspection, the supervision and inspection department shall order correction and impose a fine of less than 20,000 yuan; Violations of public security management shall be punished by public security organs according to law; if a crime is constituted, criminal responsibility shall be investigated in accordance with law.
Article 42 If a nuclear facility operating unit, a nuclear technology utilization unit, or a radioactive solid waste storage and disposal unit fails to provide technical training and assessment to relevant staff in accordance with regulations, the environmental protection department of the people's government at or above the county level shall order correction within a time limit. A fine of 10,000 yuan to 50,000 yuan shall be imposed; if it is not corrected within the time limit, a fine of 50,000 yuan to 100,000 yuan shall be imposed.
Article 43 Where radioactive waste or radioactively contaminated items are imported into the territory of the People's Republic of China in violation of the provisions of these regulations, or the radioactive waste or radioactively contaminated items are transferred within the territory of the People's Republic of China, the customs shall order the radioactive waste to be returned Or radioactively contaminated articles shall be imposed a fine ranging from 500,000 yuan to 1 million yuan; if a crime is constituted, criminal liability shall be investigated according to law.
Chapter Six
Article 44 The safety management of radioactive waste generated by military facilities and equipment shall be implemented in accordance with the provisions of Article 60 of the Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution.
Article 45 The safety management of radioactive waste transportation, the emergency treatment of pollution accidents caused by radioactive waste, and the prevention and control of occupational diseases caused by workers' exposure to radioactive waste during their professional activities shall be implemented in accordance with the relevant laws and administrative regulations.
(Article 46) These Regulations shall become effective on March 1, 2012.