The Chengdu Construction Waste Disposal Ordinance To Implement Measures For The Management

Original Language Title: 《成都市建筑垃圾处置管理条例》实施办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399406.shtml

The Chengdu construction waste disposal Ordinance to implement measures for the management

(December 26, 2013 at the 28th Executive meeting of the Municipal Government of Chengdu by Chengdu municipal people's Government, January 10, 2014 182th published since March 1, 2014) first (objective basis)

    To further regulate the construction waste disposal management, maintenance of the urban and rural environment and road traffic safety, according to the Chengdu construction waste disposal regulations and the provisions of relevant laws and regulations, Chengdu practice, these measures are formulated.

Article II (scope of application)

    Working in the administrative area of the city construction waste discharge and disposal activities such as transport, to dissolve the units and individuals shall abide by these measures.

Article III (regulatory functions)

The municipal and district (City) County departments according to the following Division of labour for construction waste disposal activities we regulate:

(A) the competent administrative Department of the city administration (hereinafter referred to as urban management Department) is responsible for the supervision and management of construction waste disposal and organizing work;

(B) planning Administrative Department is responsible for organizing the preparation of construction waste fixed to dissolve-field planning and construction project planning permit information to the public;

(C) construction, real estate, land, forestry, gardening and other administrative authorities in accordance with their respective responsibilities for construction sites, municipal construction, demolition, House decoration and landscape engineering construction supervision and management of construction waste disposal;

(D) transport road freight-related requirements for the executive authorities, supervision and management of construction waste transport activities and transport construction site construction waste disposal and road leakage pollution supervision and administration;

(E) public security organs traffic management Department (hereafter referred to as public security traffic management departments) are responsible for the construction waste disposal (transport) certificate issuance and supervision and management of construction waste transport vehicle road traffic safety;

(Vi) production safety supervision and management departments are responsible for supervision and administration of safe production of construction waste disposal activities;

(VII) the financial Department is responsible for construction waste comprehensive utilization of government investment construction and construction waste elimination of financial supervision and management;

(H) the price departments responsible for supervision and management of construction waste disposal;

(IX) Administration for industry and commerce is responsible for building credit system of garbage transport business into implementation supervision and management;

(J) the administrative departments in charge of environmental protection construction waste fixed evaluation absorptive environment supervision and management.

    Street, town (village) people's Government shall be responsible for the supervision and management of construction waste disposal activities in the area.

Fourth (emission certificate handling)

Unit or construction of Chengdu city, in accordance with the provisions of the construction waste disposal regulations, relevant material to the location of the project area (City) County Administrative Service Center City Department processing window to apply the construction waste disposal (emission) certificate.

    Apply for construction waste disposal (discharge) when the certificate, shall be submitted to the NA urban management Department agreed to dissolve.

Fifth (discharge notification)

    Construction of the unit or units shall, at the time of the construction waste disposal (emission) certificate in 3rd after, construction, construction, transportation and construction waste disposal (discharge) administrator, (transport) administrator name and contact details and other relevant information on to local subdistrict offices, town (village) people's Government, the signing of the construction waste and emission management undertaking.

Sixth ("two" management) Construction of the unit or units should make the construction site construction waste disposal (discharge) administrator.

Chengdu city, administrators are responsible for supervising the construction site using the directory of construction waste transport enterprises (hereinafter referred to as the directory of) transportation vehicles required loading of construction waste and vehicle washing dust and other matter. Transport enterprises shall configure the load job site construction waste disposal (transport) administrator.

Administrators are responsible for supervising the transport vehicle number plate clear, full license valid, body conforms to technical standards, matters such as car GPS systems up and running, mud out of the site is strictly prohibited.

    The employer or contractor should take prominent positions in the construction site construction waste disposal public, on the construction site, construction waste disposal (discharge) administrator loading job site construction waste disposal and transport enterprises (transport) administrator name, contact telephone number and construction, construction company, transportation company name information publicity.

Seventh (commissioned law enforcement)

In accordance with the "classification approval, classification review, authorization, supervision, delegate the punishment" principle, municipal and district (City) County departments following the construction site supervision and management of construction waste disposal rights and administrative punishment power-delegate subdistrict offices, town (village) people's Government exercise:

(A) the administrative departments in charge of construction of housing construction, municipal infrastructure projects and other major construction projects construction supervision and management of construction waste disposal rights and administrative punishment;

(B) real estate administrative departments in charge of State-owned land on the housing demolition construction site supervision and management of construction waste disposal site right and administrative punishment;

(C) Urban Management Department is responsible for the supervision and management of construction waste disposal rights and administrative punishment;

(D) the administrative departments in charge of traffic and transportation traffic engineering construction supervision and management of construction waste disposal rights and administrative punishment;

(E) the administrative departments in charge of forestry landscape architecture construction site supervision and management of construction waste disposal rights and administrative punishment;

    (Vi) other construction site supervision and management of construction waste disposal and power of administrative punishment.

Eighth (transportation management) Construction waste transportation company in the city of operations management and business directory for the record management system.

Chengdu city construction waste disposal management, consistent with the relevant provisions of the regulations, its own transport vehicles 20 (20) or more transport companies, at the registered seat of the district (City) County and city departments for the record, the municipal urban management departments into the directory management.

The list of dynamic management, by District (City) County urban management Department Organization public security traffic management, transport, industry and commerce administration departments and neighborhood offices, the town (Township) transport in the people's Government on a regular basis the list of enterprise credit evaluation, failed to pass the examination, and removed from the list.

    Enterprise credit assessment method developed by the Municipal Department of urban management-led.

Nineth (transportation management)

Construction construction waste for transport or construction units should be selected in the list of transport enterprises, and construction waste transportation contracts signed with them. Chengdu city construction waste disposal, transport enterprises shall, in accordance with the relevant provisions of the regulations, to construction waste shipped out of public security traffic management departments to apply the construction waste disposal (transport) certificate and certified transport, a bus card.

    Out of public security traffic management departments shall seek to dissolve views of public security traffic management departments.

Tenth (absorptive planning)

    According to "global Chengdu, reasonable layout, use of resources, environmental protection and safety," principles of city planning administrative departments shall, together with the city administration, environmental protection, land and construction, water supplies and other administrative departments, preparation of construction waste elimination sites planning, determining points, submitted to the municipal people's Government for approval, by the district (City) County Organization.

11th (absorptive building)

District (municipal), county people's Government shall, in accordance with the city's construction waste elimination plan guarantees demand for building waste elimination sites, construction and management of construction waste elimination.

Construction waste elimination on construction and operation management of government franchises.

    District (municipal), county governments can develop specific management rules of construction waste elimination.

12th (disposal)

    Construction waste unit and individual shall be paid in accordance with the regulations of construction waste disposal fee.

13th (recycling)

The City encourages recycling of construction debris, encourage community participation and funding for construction waste recycling facilities.

    District (municipal), county people's Government shall guarantee the production of construction waste recycling disposal sites, arranging for suitable investment in terms of financial resources, qualified advocacy priority use of construction waste recycled products, improving resource utilization of construction garbage, level.

14th (regulatory)

The following offences, commissioned by the Department to the construction site or where the offence of street, town (village) shall impose penalties in accordance with law:

(A) construction site not by provides implementation closed construction, and not take dust measures, and not hardening out entrance road, and not on drove out of vehicles for except mud dust processing, and construction site and the around road not keep clean of, in accordance with Chengdu city building construction site supervision management provides 28th article provides, ordered corrected, depending on its plot on construction units give warning, and stop construction, and at 5,000 yuan above 10,000 yuan following fine.

(Ii) not made building garbage disposal (emissions) card unauthorized emissions building garbage of; not according to building garbage disposal (emissions) card approved of term and number emissions building garbage of, in accordance with Chengdu city building garbage disposal Management Ordinance 45th article provides, ordered deadline rectification, and on initial violation of at 30,000 yuan above 50,000 yuan following fine; second times violation of at 50,000 yuan above 80,000 yuan following fine; third times violation or plot special serious of at 80,000 yuan above 100,000 yuan following fine.

(C) alteration, lease, lend, transfer, sale or resale of the construction waste disposal (discharge) permit, in accordance with the Chengdu construction waste disposal regulations 46th article, fines of between 5,000 yuan and 20,000 yuan. (Four) sporadic construction and municipal maintenance activities in the, owners or construction units not on construction regional implemented effective isolation, caused building garbage pollution around environment of; not in 24 hours within disposal finished building garbage of; sporadic decoration or maintenance housing activities in the, emissions building garbage not implemented bagged of collection of; not by provides delegate others unified disposal of, in accordance with Chengdu city building garbage disposal Management Ordinance 47th article provides, ordered deadline corrected, and clear pollution, on units and at 3,000 yuan above 10,000 yuan following fine

; Individual and fined a maximum of between 500 Yuan and 200 Yuan.
(Five) construction units or construction units unauthorized dumping building garbage of, in accordance with Chengdu city building garbage disposal Management Ordinance 45th article provides, ordered deadline rectification, and on initial violation of at 30,000 yuan above 50,000 yuan following fine; second times violation of at 50,000 yuan above 80,000 yuan following fine; third times violation or plot special serious of at 80,000 yuan above 100,000 yuan following fine.

(Six) transport enterprise unauthorized dumping building garbage of, in accordance with Chengdu city building garbage disposal Management Ordinance 52nd article first paragraph third items provides, ordered deadline corrected, and clear pollution, and on initial violation of at 50,000 yuan above 80,000 yuan following fine; second times violation or plot special serious of at 80,000 yuan above 100,000 yuan following fine; plot extremely serious or caused bad effect of at 100,000 yuan fine.

(VII) construction units or units, transport enterprises of other units or individuals unauthorized dumping of construction waste, construction waste disposal regulations, according to the Chengdu city article 47th, rectification, removal of pollution, the unit and fines of between 3,000 yuan and 10,000 yuan; for individuals and fined a maximum of between 500 Yuan and 200 Yuan.

(Eight) construction units or construction units will building garbage referred to the directory yiwai of units or personal transport of, in accordance with Chengdu city building garbage disposal Management Ordinance 49th article first paragraph provides, ordered deadline corrected, and on initial violation of at 30,000 yuan above 50,000 yuan following fine; second times violation of at 50,000 yuan above 80,000 yuan following fine; third times violation or plot special serious of at 80,000 yuan above 100,000 yuan following fine.

(IX) transport enterprises to employ drivers who do not meet the requirements in construction waste transport activity, according to the Chengdu construction waste disposal regulations 50th of article shall be ordered to correct, and a fine of between 3,000 yuan and 10,000 yuan.

(J) the transportation does not hold the wheels, exterior clean construction waste, dirt, according to the Chengdu construction waste disposal regulations 52nd of the first paragraph of article, rectification, removal of contamination and fined a maximum of 1000 Yuan and 3,000 yuan.

(11) transport building garbage not by requirements implemented closed transport of; take contains or along leak, and left sub of, in accordance with Chengdu city building garbage disposal Management Ordinance 52nd article first paragraph second items provides, ordered deadline corrected, and at 5,000 yuan above 10,000 yuan following fine; caused pollution of and at 20,000 yuan above 50,000 yuan following fine; pollution special serious of and at 50,000 yuan above 100,000 yuan following fine; pollution extremely serious or caused bad effect of and at 100,000 yuan fine.

(12) not will building garbage transport to approved elimination na site, along dumping building garbage of, in accordance with Chengdu city building garbage disposal Management Ordinance 52nd article first paragraph third items provides, ordered deadline corrected, and clear pollution, and on initial violation of at 50,000 yuan above 80,000 yuan following fine, second times violation or plot special serious of at 80,000 yuan above 100,000 yuan following fine, plot extremely serious or caused bad effect of at 100,000 yuan fine.

(13) without closing fixed building refuse to dissolve or refuse acceptance of construction waste, construction waste disposal regulations, according to the Chengdu city 53rd article, correction, and a fine of between 5,000 yuan and 20,000 yuan.

(14) fixed building refuse to dissolve or temporary elimination of receiving industrial waste, garbage or hazardous, inflammable, explosive and other dangerous wastes; failed to take effective measures to prevent construction waste pollutes the environment, according to the Chengdu construction waste disposal regulations 53rd of article shall be ordered to correct, and a fine of between 5,000 yuan and 10,000 yuan.

(15) the unauthorized acceptance of construction waste, construction waste disposal regulations, according to the Chengdu city article 54th, correction, the unit and fines of between 10,000 yuan and 20,000 yuan; for individuals and more than 2000 Yuan and 3,000 yuan fine.

    On the Chengdu construction waste disposal Management Act under the regulations, revocation of permits should be made or sealed construction waste discharge site decisions, from the Chengdu construction waste disposal management sector under the regulations.

15th (traffic enforcement regulations)

On not made road transport license, unauthorized engaged in building garbage road transport business of, in accordance with People's Republic of China Road transport Ordinance provides, by traffic transport administrative competent sector ordered stop business; has illegal proceeds of, confiscated illegal proceeds, at illegal proceeds twice times above 10 times times following of fine; no illegal proceeds or illegal proceeds insufficient 20,000 yuan of, at 30,000 yuan above 100,000 yuan following of fine; constitute crime of, law held criminal.

    Transport company refitted vehicle operator's vehicle had been made in accordance with the People's Republic of China regulations on road transport, by District (City) County Department of transportation administration ordered corrective action and fines of between 10,000 yuan and 20,000 yuan.

16th (other law enforcement regulations)

Construction waste disposal process, violations of land, housing, environmental protection, forestry, gardening and so on provided by laws and regulations, in accordance with the relevant provisions.

    Falsification of the Chengdu construction waste disposal permit under the regulations, law transferred to judicial organs for handling.

17th (bad behavior monitoring)

    On the construction site, construction waste disposal violations, apart from the administrative penalties according to relevant regulations, and construction administrative departments should also be employer, the bad behavior of construction unit included in the credit system, implementation of the reduction of credit points in accordance with law, ordered to shut down the rectification demote, suspend the project and bidding qualification, drew attention to the qualification process.

18th (platform)

Municipal urban management Department shall, in conjunction with construction, transportation planning, real estate, forestry, land, gardens, the administrative departments for public security traffic management integrated information platform to build a construction waste disposal management.

    The district (City) County people's Government shall refuse to dissolve and resources comprehensive utilization in building venue information platform, absorptive and comprehensive utilization of the site points to the public information for construction waste emission, transport, dissolve, to provide information services.

19th (accountability)

    Administrative organs and their staff in the performance of construction waste disposal regulatory responsibilities in the abuses, negligence, malpractice, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

20th (execution date) These measures shall take effect on March 1, 2014.