Provisions On Administration Of Urban Construction Rubbish

Original Language Title: 城市建筑垃圾管理规定

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(March 23, 2005 the Ministry of construction, the 139th announce as of June 1, 2005) first in order to enhance the management of urban construction rubbish, protection of city appearance and environmental sanitation, according to the People's Republic of China Law of prevention and control of environmental pollution by solid wastes, the management of city appearance and environmental sanitation regulations and the State Council to set administrative administrative examination and approval items really necessary to be retained licensing decision, these provisions are formulated.
    Provisions of this article apply to urban planning and building refuse dump, transport, transit, backfill, to dissolve, such disposal activities.
    Construction waste in these rules refers to the employer, the contractor, renovation, expansion and removal of all types of buildings, structures, networks and other decoration housing and residents in the process generated by the dump, disposable materials and other waste.
    Article the competent construction department in charge of the national administration of urban construction rubbish.
    Province, State-building within the Department responsible for the administration of urban construction rubbish management.
    City people's Government departments in charge of sanitation construction waste management within their respective administrative areas.
    Article fourth building waste reduction, resource, harmless and who, who bears the responsibility of disposal principles.
    State shall encourage the utilization of building refuse to encourage construction and construction unit to give priority to the construction of comprehensive utilization of waste products.
    Fifth set of construction waste elimination, comprehensive utilization of facilities should be incorporated into the urban planning of sanitation.
    Sixth city appearance and environmental sanitation departments shall, in accordance with the people's Government of the city construction in the city, building waste disposal plan, arrange the construction waste of all kinds of projects need to be backfilled.
    Seventh disposal of construction waste unit, an application shall be submitted to the municipal people's Government the Department of sanitation, urban construction waste disposal approval, before disposal. People's Governments of cities shall, upon receipt of the application by the competent Department of sanitation make a decision on whether in the 20th.
    For approval, issuing approval document; not approved, shall inform the applicant and state the reasons.
    Urban construction rubbish disposal approved by the inclusion of specific conditions in accordance with the Ministry of construction on the State Council decided on 15 implementation of the provisions of the conditions of administrative licensing.
    Eighth is forbidden to alter, resell, rent, lend or in any other form of illegal transfer of urban construction rubbish disposal approval documents.
    Nineth no unit or individual is allowed to construction waste mixed with household waste, hazardous wastes must not be mixed with construction debris, not allowed to establish dumps containing construction waste.
    Article tenth elimination not receiving construction waste storage and transportation of industrial waste, solid waste and toxic hazardous waste. 11th decoration housing residents should be produced in the process of building waste and domestic waste collected and piled up to the specified location.
    Setting should be convenient to the residents of construction waste transfer station.
    Decoration and construction units should be in accordance with the relevant provisions of the municipal people's Government the Department of sanitation disposal of construction waste.
    12th construction units shall be cleaned up during the construction process of the construction waste generated and disposal in accordance with city people's Government the Department of sanitation, prevent pollution of the environment.
    13th construction unit construction wastes may not be handed over to individuals or unauthorized transport of units engaged in construction waste transport.
    14th in transportation construction waste, the disposal of construction waste should be onboard documents approved by the construction waste disposal, transport routes in accordance with the relevant departments under the people's Governments of cities, time runs away, leaving behind the building garbage, carrying construction waste shall not exceed the approved range.
    15th no unit or individual is allowed to freely dump, throw or pile construction waste.
    16th system of construction waste disposal fee, fees according to the relevant provisions of the State. 17th no unit or individual shall material piled up in the streets and public spaces.
    Due to construction and other special needs, needed a temporary occupation of streets and public spaces stacked materials, should ask the City Government after the Department of sanitation, in accordance with the relevant provisions of the approval procedures.
    18th article City Government city sanitation competent sector issued city building garbage disposal approved file, has following case one of of, by its superior administrative organ or monitored organ ordered corrected, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) on not meet statutory conditions of applicants issued city building garbage disposal approved file or beyond statutory terms issued city building garbage disposal approved file of;
    (B) the applicant not be issued for eligible city garbage disposal approval or is not issued within the statutory time limit of urban construction rubbish disposal approval documents.
    19th city people's Governments in charge of sanitation staff negligence, abuse of authority or engages, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 20th article any units and personal has following case one of of, by City Government city sanitation competent sector ordered deadline corrected, give warning, sentenced fine: (a) will building garbage mix life garbage of; (ii) will dangerous waste mix building garbage of; (three) unauthorized established abandoned field by NA building garbage of; units has Qian paragraph first items, and second items behavior one of of, at 3000 Yuan following fine; has Qian paragraph third items behavior of, at 5000 Yuan above 10,000 yuan following fine.
    There is one of the first and second acts in the preceding paragraph, below 200 Yuan fines; there are third acts in the preceding paragraph, fined a maximum of 3000 Yuan.
    21st construction waste storage eliminate receiving industrial waste, solid waste and toxic hazardous waste, by people's Government of the City Department of sanitation a rectification, given a warning and fined a maximum of more than 5000 Yuan and 10,000 yuan.
    22nd construction units are not cleaned up construction in the process of building waste, pollution, by people's Government of the City Department of sanitation a rectification, given a warning and more than 5000 Yuan and fined a maximum of 50,000 yuan.
    Construction construction waste handed over to individuals or unauthorized disposal of units engaged in construction waste transport, by people's Government of the City Department of sanitation a rectification, given a warning and fined a maximum of between 100,000 yuan and 10,000 yuan.
    23rd the disposal of construction waste in the process of building waste for transport along the discarded, leaving construction waste, by people's Government of the City Department of sanitation a rectification, given a warning and more than 5000 Yuan and fined a maximum of 50,000 yuan.
    Article 24th alter, resell, rent, lend or in any other form of illegal transfer of urban construction rubbish disposal approval documents, by people's Government of the City Department of sanitation a rectification, be warned, fined a maximum of more than 5000 Yuan and 20,000 yuan.
    25th article violation this provides, has following case one of of, by City Government city sanitation competent sector ordered deadline corrected, give warning, on construction units at 10,000 yuan above 100,000 yuan following fine, on units, and transport building garbage of units at 5000 Yuan above 30,000 yuan following fine: (a) without approved unauthorized disposal building garbage of; (ii) disposal beyond approved range of building garbage of.
    26th article of any units and individuals free to dump, throw or pile of construction waste, by people's Government of the City Department of sanitation rectification and give a warning, and more than 5000 Yuan and fined a maximum of 50,000 Yuan on individual penalty of between 200 Yuan.
      27th article of the regulations come into force on June 1, 2005.

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