Research On The Duty Of Care In The Transfer Of Hazardous Waste

Under the background of the large amount,high frequency and long transportation distance of hazardous waste in China,it has a major risk to the public’s personal and property right and ecological environment.In order to facilitate the environmental protection department to supervise the transfer of hazardous waste,the system of hazardous waste transfer came into being.The transfer system requires the removal party,the transporter and the receiver to transfer the document while transferring the hazardous waste,but the system aims to emphasize the transfer of the document,and does unclear the duty of care of the subject.The transfer of hazardous waste involves the dual legal relationship between civil and administrative.The statutory duty of the hazardous waste removal party,the transporter and the receiver is not comprehensive and the general duty of care is unclear.It is difficult to regulate the environmental risks caused by the transfer of hazardous waste.The distribution of the duty of the hazardous waste removal party,the transporter and the receiver is unclear,which is the crux of the frequent environmental pollution caused by the transfer of hazardous waste.The removal party should apply to the local environmental protection department for the transfer document,the transfer plan.And the hazardous waste can be transferred after the transfer permit is obtained.According to the characteristics of the hazardous waste,the removal party will perform the proper packaging obligation and the marking obligation,and the removal party review the qualifications of transporter and recipient and inform others of the characteristics and quantity of the transferred hazardous waste to ensure the safe transfer of hazardous waste.When transporting the hazardous waste,the transporter should check transport personnel,transport vehicle and equipment,to know whether there are unsafe factors or safety hazard.The transport enterprise should mark the special vehicles to warn others the danger.If environmental pollution is caused,the emergency plan should be started immediately to reduce the expansion of damage.The receiver should check the quantity and attribute of hazardous waste when handing over hazardous waste.If the hazardous waste is found to be inconsistent with the agreement,the receiver should promptly notify the removal party to avoid unnecessary environmental risks due to the lack of hazardous waste.However,the contents of the duty of the hazardous waste removal party,the transporter and the receiving party aretoo empty,and the specific requirements for implementation are unclear.Whether the application for the transfer of the document can guarantee the legality of the transfer of the hazardous waste,and whether the check of vehicle equipment can control the environment,which are unclear.The implementation of the duty of care of the removal party,the transporter and the receiver is ineffective in regulating environmental risks.In addition to the statutory duty of care,the subject of the transfer should perform the non-mandatory general duty of care.The law does unclearly stipulate whether the removal party has the obligation to prevent pollution during the removal phase,the transportation phase and the migration phase.When the transporter delivers the hazardous waste to the receiver,whether the transporter need to examine the qualification of the mover in order to prevent the purpose of illegally transferring hazardous waste of the removal party.It is also unclear whether the receiver should ensure that hazardous waste is safely moved into the warehouse without creating environmental risks.Risks are everywhere,and there are always some behaviors that are outside the scope of the law.In accordance with the law,the duty of care is still unable to effectively regulate environmental risks.The general duty of care for the hazardous waste removal party,the transporter and the receiver is unclear.How to choose behavior when transferring hazardous waste has caused great trouble.Based on the actual dilemma of the duty of care in the transfer of hazardous wastes,it is proposed that the specific requirements for the removal,the transporter and the receiving party should be emphasized in the Law on the Prevention and Control of Environmental Pollution about Solid Waste and the Measure for the Management of Transfer of Hazardous Waste.And it is necessary to increase the enthusiasm and initiative of the transfer subjects to fulfill the duty of care and promote the development of the duty of care by improving the hazardous waste license system and the transfer document system.