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              Regulations on the Safety Management of Radioactive Waste

              2012/12/21 8:41:52 (Views: 2012/12/21 8:41:52)

              Order of the State Council of the People's Republic of China <BR style="PADDING-BOTTOM: 0px; MARGIN: 0px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 0px"> No. 612

              The "Regulations on the Safety Management of Radioactive Waste" has been adopted by the 183rd executive meeting of the State Council on November 30, 2011, and is hereby promulgated, effective as of March 1, 2012.
              Premier Wen Jiabao December 20, 2011

              Regulations on the Safety Management of Radioactive Waste

              Chapter I General Provisions

              Article 1 In order to strengthen the safety management of radioactive waste, protect the environment, and protect human health, these regulations are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution.
              Article 2 The radioactive wastes referred to in these regulations refer to wastes that contain or are contaminated with radionuclides, whose radionuclide concentration or specific activity is greater than the state-determined level of clean control, and which are not expected to be used again.
              Article 3 These regulations apply to the processing, storage, and disposal of radioactive waste of thorium and its supervision and management.
              Disposal referred to in these regulations refers to activities that change the properties, form, and volume of radioactive waste by means of purification, concentration, solidification, compression, and packaging in order to be able to transport, store, and dispose of radioactive waste safely and economically.
              The storage referred to in these regulations refers to the temporary storage of waste radioactive sources and other radioactive solid wastes in specially constructed facilities for storage.
              Disposal referred to in these regulations refers to the activities of putting waste radioactive sources and other radioactive solid wastes in specially constructed facilities and no longer retrieving them.
              Article 4 The safety management of thorium radioactive waste shall adhere to the principles of reduction, harmlessness, proper disposal, and permanent safety.
              Article 5: The competent department of environmental protection under the State Council shall be responsible for the safety supervision and management of radioactive waste nationwide.
              The department in charge of the nuclear industry of the State Council and other relevant departments shall be responsible for the management of radioactive waste in accordance with the provisions of this Regulation and their respective duties.
              The competent environmental protection department of the local people's government at or above the county level and other relevant departments are responsible for the management of radioactive waste in their respective administrative areas in accordance with the provisions of these regulations and their respective duties.
              Article 6: The State exercises classified management of radioactive waste.
              According to the characteristics of radioactive waste and its potential harm to human health and the environment, radioactive waste is classified into high-level radioactive waste, medium-level radioactive waste, and low-level radioactive waste.
              Article 7 The treatment, storage and disposal of thorium radioactive waste shall comply with the relevant national standards for the prevention and control of radioactive pollution and the regulations of the competent department of environmental protection under the State Council.
              Article 8 The competent department of environmental protection of the State Council, together with the competent department of the nuclear industry of the State Council and other relevant departments, shall establish a national radioactive waste management information system to realize information sharing.
              The State encourages and supports the scientific research and development and utilization of radioactive waste safety management, and promotes advanced radioactive waste safety management technologies.
              Article 9: Any unit or individual has the right to report any violation of the provisions of these Regulations to the environmental protection department of the people's government at or above the county level or other relevant departments. The department receiving the report shall investigate and handle it in a timely manner and keep it confidential for the informant; if the investigation is true, the informer shall be rewarded.

              Chapter II Treatment and Storage of Radioactive Waste

              Article 10 A nuclear facility operating unit shall send the waste radioactive sources (hereafter referred to as waste radioactive sources) that cannot be recycled and returned to the original production unit or the exporter to the radioactive solid waste storage unit that has obtained the corresponding license for centralized storage. , Or directly to the radioactive solid waste disposal unit that has obtained the corresponding permit for disposal.
              A nuclear facility operating unit shall treat the radioactive solid waste it produces other than waste radioactive sources and the radioactive waste liquid that cannot be purified and discharged, transform it into a stable, standardized solid waste and store it by itself, and deliver it in time to obtain Disposal by the corresponding licensed radioactive solid waste disposal unit.
              Article 11 A tritium nuclear technology utilization unit shall treat the radioactive waste liquid it generates that cannot be purified and discharged, and transform it into radioactive solid waste.
              The nuclear technology utilization unit shall promptly send the waste radioactive sources and other radioactive solid waste generated by it to the radioactive solid waste storage unit that has obtained the corresponding license for centralized storage, or directly send it to the radioactive solid waste disposal unit that has obtained the corresponding license for disposal.
              Article 12: Units specializing in radioactive solid waste storage activities shall meet the following conditions and apply for a radioactive solid waste storage permit in accordance with the provisions of these regulations:
              (1) Qualified as a legal person;
              (2) Organizations capable of ensuring the safe operation of storage facilities and at least three professional technical personnel in radioactive waste management, radiation protection, and environmental monitoring, including at least one registered nuclear safety engineer;
              (3) There are facilities and places for receiving and storing radioactive solid waste, as well as radioactive detection, radiation protection, and environmental monitoring equipment, in compliance with relevant national standards for radioactive pollution prevention and control and the State Council's environmental protection authority;
              (4) Have a sound management system and a quality assurance system that meets the requirements of nuclear safety supervision and management, including quality assurance program, storage facility operation monitoring plan, radiation environment monitoring plan and emergency plan.
              Where a nuclear facility operating unit utilizes storage facilities built with nuclear facilities to store radioactive solid waste generated by its own unit, it does not need to apply for a storage permit; if it stores radioactive solid waste generated by other units, it shall apply for collection in accordance with the provisions of these regulations Storage permit.
              Article 13: An entity applying for a storage permit for radioactive solid waste shall submit a written application to the competent department of environmental protection under the State Council and submit certification materials that meet the conditions specified in Article 12 of these regulations.
              The competent department of environmental protection under the State Council shall complete the review within 20 working days from the date of acceptance of the application, and issue a public notice of the permits that meet the requirements; if the requirements are not met, notify the applicant in writing and explain the reasons.
              During the review process, the competent department of environmental protection under the State Council shall organize experts to conduct technical review and solicit opinions from other relevant departments of the State Council. The time required for technical review shall be notified to the applicant in writing.
              Article 14 The storage permit for thorium radioactive solid waste shall specify the following:
              (1) the name, address and legal representative of the unit;
              (2) the types, scope and scale of activities permitted to be undertaken;
              (3) Validity period;
              (4) Issuing authority, issue date and certificate number.
              Article 15 Where a thorium radioactive solid waste storage unit changes its name, address, or legal representative, it shall apply to the competent department of environmental protection of the State Council for the procedures for changing the license within 20 days from the date of registration of the change.
              Where a radioactive solid waste storage unit needs to change the type, scope and scale of activities specified in the permit, it shall re-apply to the competent department of environmental protection under the State Council for a permit in accordance with the original application procedure.
              Article 16 The valid period of the storage permit for thorium radioactive solid waste is 10 years.
              If the validity period of the license expires and the radioactive solid waste storage unit needs to continue to engage in storage activities, it shall apply to the competent department of environmental protection of the State Council for renewal 90 days before the validity of the license expires.
              The competent department of environmental protection under the State Council shall complete the review before the expiry of the validity period of the permit, and extend the approval if it meets the requirements; if it does not meet the requirements, notify the applicant in writing and explain the reasons.
              Article 17 A radioactive solid waste storage unit shall, in accordance with the relevant national standards for the prevention and control of radioactive pollution and the provisions of the competent environmental protection department of the State Council, sort and store and clean up the waste radioactive sources and other radioactive solid wastes it receives, and promptly clean, de-control or Send to a radioactive solid waste disposal unit that has obtained the corresponding permit for disposal.
              The radioactive solid waste storage unit shall establish a record file of the radioactive solid waste storage situation, and truthfully and completely record the source, quantity, characteristics, storage location, cleanliness, control, delivery and disposal of matters related to the storage activity.
              The radioactive solid waste storage unit shall take necessary protective measures according to the natural environment of the storage facility and the characteristics of the radioactive solid waste to ensure the integrity of the storage facilities and containers and the safety of the radioactive solid waste within the prescribed storage period, and ensure that the radioactive solid waste is safe. Retrieve.
              Article 18 A radon radioactive solid waste storage unit shall conduct a safety inspection of the storage facility according to the storage facility operation monitoring plan and the radiation environment monitoring plan, and perform radioactive monitoring of the groundwater, surface water, soil and air around the storage facility.
              The radioactive solid waste storage unit shall truthfully record the monitoring data, if it is found that the safety hazard or the radionuclides in the surrounding environment exceeds the nationally prescribed standards, it shall immediately find out the reasons, take corresponding precautionary measures, and report to the local people's government of the province, autonomous region, and municipality directly under the environment. Protection authorities report. If a radiation accident is constituted, the unit's emergency plan shall be immediately initiated, and the report shall be carried out in accordance with the provisions of the "Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution" and the "Regulations on the Safety and Protection of Radioisotopes and Radiation Devices" to carry out emergency work on the accident.
              Article 19 When sending waste radioactive sources and other radioactive solid wastes to the radioactive solid waste storage, disposal unit for storage or disposal, the sending party shall provide information on the type, quantity and activity of the radioactive solid waste together with the used radioactive sources. And bear the cost of storage and disposal in accordance with regulations.

              Chapter III Disposal of Radioactive Waste

              Article 20 The competent department of the nuclear industry of the State Council, in conjunction with the competent department of environmental protection of the State Council, shall compile radioactive solid wastes on the basis of consulting the relevant departments of the State Council and conducting environmental impact assessments in accordance with the geological, environmental, socioeconomic conditions and the needs of radioactive solid waste disposal The site selection plan for the disposal site shall be implemented after being submitted to the State Council for approval.
              Relevant local people's governments shall provide construction land for radioactive solid waste disposal sites in accordance with the site selection plan for radioactive solid waste disposal sites and take effective measures to support the disposal of radioactive solid waste.
              Article 21 The construction of radioactive solid waste disposal facilities shall, in accordance with the technical guidelines and standards for site selection of radioactive solid waste disposal sites, maintain strict safety protection with residential areas, water source protection areas, main roads, factories, and enterprises. Distance, and fully research and demonstrate the site's geological structure, hydrogeology and other natural conditions as well as socio-economic conditions.
              Article 22 The construction of radioactive solid waste disposal facilities shall comply with the site selection plan for radioactive solid waste disposal sites, and go through the site selection approval procedures and construction permits in accordance with the law. Sites that do not meet the site selection plan or site selection technical guidelines and standards shall not be approved for site selection or construction.
              Engineering and safety technology research, underground experiments, site selection and construction of high-level radioactive solid waste and alpha radioactive solid waste deep geological disposal facilities shall be organized and implemented by the competent department of the nuclear industry of the State Council.
              Article 23 : Units specializing in radioactive solid waste disposal activities shall meet the following conditions and apply for a radioactive solid waste disposal permit in accordance with the provisions of these regulations:
              (1) Qualified as a legal person of a state-owned or state-controlled enterprise.
              (2) There are organizations and professional and technical personnel who can ensure the safe operation of the disposal facilities. Low and medium level radioactive solid waste disposal units should have more than 10 professional technicians in radioactive waste management, radiation protection and environmental monitoring, including at least 3 registered nuclear safety engineers; high level radioactive solid waste and alpha radioactive solid waste disposal The unit shall have more than 20 professional and technical personnel in radioactive waste management, radiation protection, and environmental monitoring, including at least 5 registered nuclear safety engineers.
              (3) There are facilities and places for receiving and disposing of radioactive solid waste, as well as radioactive detection, radiation protection and environmental monitoring equipment, in accordance with the relevant national standards for the prevention and control of radioactive pollution and the provisions of the environmental protection authority of the State Council. Low and medium level radioactive solid waste disposal facilities shall meet the safety isolation requirements for more than 300 years after closure; high level radioactive solid wastes and alpha radioactive solid waste deep geological disposal facilities shall meet the safety isolation requirements for more than 10,000 years after closure.
              (4) There is a corresponding amount of registered capital. The registered capital of low and medium level radioactive solid waste disposal units shall be not less than 30 million yuan; the registered capital of high level radioactive solid waste and alpha radioactive solid waste disposal units shall be not less than 100 million yuan.
              (5) There are financial guarantees that can ensure that its disposal activities continue until the end of the safe guardianship period.
              (6) It has a sound management system and a quality assurance system that meets the requirements of nuclear safety supervision and management, including the quality assurance program, the operation facility monitoring plan, the radiation environment monitoring plan, and the emergency plan.
              Article 24 The application, modification, and extension of the examination and approval authority and procedures for thorium radioactive solid waste disposal licenses, as well as the contents and validity period of the licenses, shall be implemented in accordance with the provisions of Articles 13 to 16 of these Regulations.
              Article 25 The radon radioactive solid waste disposal unit shall dispose of the radioactive solid waste it has received in accordance with the relevant national standards for radioactive pollution prevention and control and the provisions of the environmental protection authority of the State Council.
              The radioactive solid waste disposal unit shall establish a record file of the radioactive solid waste disposal status, and truthfully record the source, quantity, characteristics, storage location and other matters related to the disposal activities of the radioactive solid waste disposed of. Records and records of the disposal of radioactive solid waste shall be kept permanently.
              Article 26 The radon radioactive solid waste disposal unit shall conduct safety inspections of the disposal facility according to the operation monitoring plan and radiation environment monitoring plan of the disposal facility, and perform radioactive monitoring on the groundwater, surface water, soil and air around the disposal facility.
              The radioactive solid waste disposal unit shall truthfully record the monitoring data, if it is found that the safety hazard or the radionuclides in the surrounding environment exceeds the nationally prescribed standards, it shall immediately find out the reasons, take corresponding preventive measures, and report to the environmental protection department of the State Council and the nuclear industry. Competent authority report. If a radiation accident is constituted, the unit's emergency plan shall be immediately initiated, and the report shall be carried out in accordance with the provisions of the "Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution" and the "Regulations on the Safety and Protection of Radioisotopes and Radiation Devices" to carry out emergency work on the accident.
              Article 27 The design service period of a radioactive solid waste disposal facility has expired, or the radioactive solid waste disposed of has reached the design capacity of the facility, or major changes in the geological structure or hydrogeological conditions in the area make the disposal facility unsuitable for continued disposal Radioactive solid wastes shall be closed in accordance with law, and permanent marks shall be set in the designated areas.
              Where a radioactive solid waste disposal facility is closed, the disposal unit shall prepare a safety monitoring plan for the disposal facility and report it to the environmental protection department of the State Council for approval.
              After the radioactive solid waste disposal facilities are closed in accordance with law, the disposal unit shall conduct safety supervision of the closed disposal facilities in accordance with the approved safety surveillance plan. If a radioactive solid waste disposal unit is terminated due to bankruptcy, revocation of a permit, etc., the costs of closing the disposal facility and safety monitoring shall be borne by the unit providing the financial guarantee.

              Chapter IV Supervision and Management

              Article 28 The competent environmental protection department and other relevant departments of the people's governments at or above the county level shall supervise the safety of radioactive waste treatment, storage, and disposal activities in accordance with the Law of the People's Republic of China on the Prevention and Control of Radioactive Pollution and these Regulations. an examination.
              Article 29 When the competent environmental protection authority of the people's government at or above the county level and other relevant departments conduct supervision and inspection, they have the right to take the following measures:
              (1) Investigating and understanding the situation with the legal representative of the inspected unit and other relevant personnel;
              (2) Entering the inspected unit for on-site monitoring, inspection or verification;
              (3) consulting and copying relevant documents, records and other relevant materials;
              (4) Require the inspected unit to submit relevant information or follow-up treatment reports.
              The inspected unit shall cooperate, truthfully report the situation, provide necessary information, and shall not refuse or obstruct it.
              The supervisors and inspectors of the competent department of environmental protection of the people's governments at or above the county level and other relevant departments shall show their credentials when conducting supervision and inspection in accordance with law, and shall 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. Emergency drills for radioactive waste pollution accidents will be conducted in due course.
              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 treatment, 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 regularly and truthfully report the radioactive waste generation, discharge, treatment, storage, cleanup, control and delivery for disposal in accordance with the regulations of the environmental protection authority of the State Council. Happening.
              The radioactive solid waste disposal unit shall, before March 31 of each year, truthfully report the situation of the reception, disposal and facility operation of radioactive solid waste in the previous year to the competent department of environmental protection of the State Council and the competent department of the nuclear industry.
              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 waste without a license or in accordance with the type, scope, scale and duration of the activities specified 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 national entry-exit inspection and quarantine department.

              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 violate the provisions of these Regulations and commit one of the following acts, and shall be punished in accordance with law with the persons directly responsible and other persons who are directly responsible; If the person in charge and other persons directly responsible constitute a crime, criminal responsibility shall be investigated according to law:
              (1) Issuing a license for storage and disposal of radioactive solid waste in violation of the provisions of these Regulations;
              (2) In violation of the provisions of these regulations, approval of site selection or construction of disposal facilities that does not meet site selection planning or site selection technical guidelines and standards;
              (3) failing to investigate and punish the found violations of these regulations;
              (4) in the process of obtaining a license for the storage and disposal of radioactive solid waste and in the process of 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 project's environmental impact assessment document shall order the suspension of illegal acts and make corrections 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 it constitutes a crime, criminal liability shall be investigated according to law:
              (1) Failure of a nuclear facility operating unit to deliver 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 any 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 expenses 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 a unit without a corresponding license for storage, disposal, or unauthorized disposal;
              (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 A fine of 1 to 5 times the illegal income; if there is no illegal income or the illegal income is less than 100,000 yuan, a fine of 50,000 to 100,000 yuan shall also be imposed; if it causes environmental pollution, it shall be ordered to take governance measures within a time limit Eliminate pollution, do not take control measures after the deadline, and 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 cost required shall be borne by the offender; if a crime is constituted, criminal responsibility shall be investigated according to law:
              (1) engaging in the 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 of the situation 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. If the penalty is not corrected within the time limit, a fine ranging from 50,000 yuan to 100,000 yuan shall be imposed.
              Article 40 If a nuclear facility operating unit, a nuclear technology utilization unit, or a radioactive solid waste storage and disposal unit fails to truthfully report the relevant situation in accordance with Article 32 of these regulations, the environmental protection department of the people's government at or above the county level shall order it within a specified period of time. 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 according to 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 the 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 if 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 shipped back 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 VI Supplementary Provisions

              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.

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