~01.54161

Original Language Title:  ~01.54161

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379340.shtml

 ~01.54161

 ~02. effective

 ~03. Shanghai Municipal People's Government

 ~04.20120917

 ~05.20121201

 ~06.

 ~07.

 ~08. domestic trade

 ~09. procedures of Shanghai municipality for Administration of renewable resources recovery

    ~10. (September 10, 2012 152th meeting of Shanghai Municipal review on September 17, 2012, released from the Shanghai Municipal People's Government, the 87th as of December 1, 2012)

    Chapter I General provisions

    Article I (purpose and basis)

    In order to strengthen the management of renewable resources and conserve resources, protect the environment, the maintenance of public order, in accordance with the People's Republic of China cleaner production promotion law and the People's Republic of China Law on prevention and control of environmental pollution by solid wastes, such as the provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    Renewable resources in these measures, refers to the social process of production and consumption, have lost all or part of the value, after recovery, storage, processing, enabling them to regain the value of all kinds of waste.

    For scrap cars, appliances and electronic products, hazardous waste and medical waste recycling such articles, otherwise provided by the laws, rules and regulations, from its provisions.

    Article III (management responsibility) Municipal Department of Commerce is the competent Department of renewable resources recovery industry.

    The Sub-bureaus of Commerce Department is responsible for the management of renewable resources within their respective administrative areas.

    City and County development and reform, economic information, land planning, greening the city, traffic-building, housing management, State-owned assets, finance, public security, industry and commerce, environmental protection, education, and statistics departments in accordance with their respective responsibilities, recycling of renewable resources management.

    Fourth (County Government functions)

    District and county governments should strengthen the leadership of renewable resources within their respective administrative areas, establish and perfect the responsibility system and promote renewable resources evaluation system, supervising and coordinating the Sub-bureaus of Commerce and other relevant departments to carry out the promotion of renewable resources recovery and strengthen the management of renewable resources recovery.

    Subdistrict offices, Township Governments should cooperate with the relevant departments of renewable resources management.

    Fifth (Trade Association)

    Shanghai urban renewable resources recycling industry association (hereinafter "Municipal Association of renewable resources") should strengthen industry self-regulation, monitoring activities of Member, with the business sector to formulate industrial policy and business development planning, specification, and legal advisory services, business training, industry information, and so on.

    Municipal Association of renewable resources shall be subject to professional guidance in the business sector, and assist departments in the management of renewable resources recovery industry.

    Chapter II recovery system

    Sixth (industrial development program and Recovery Guide Directory)

    Municipal business departments shall, in accordance with national economic and social development of the city planning, recycling economic development planning and the development of renewable resources recovery industry, organization of renewable resources recovery industry development plan.

    Municipal Department of Commerce shall, jointly with the municipal development and reform, green amenities, environmental protection, construction traffic, economic information and other departments to prepare and publish the catalogue for the guidance of renewable resources, specific types of renewable resources recovery, recovery standards, guidelines, and, if necessary, updates to the catalogue for the guidance of renewable resources.

    Seventh (distribution network planning and construction)

    City and County business sector should be based on "overall planning, rational distribution" principle and the administrative and economic development level, density of population, environment, resources and other specific circumstances, organization network layout planning of renewable resources, and in accordance with the prescribed procedures after submitting them for approval, will be included in the corresponding urban and rural planning.

    Network layout planning of renewable resources and activities related to infrastructure, dovetailed with the planning and construction of sanitation facilities; a shared area conditions shall be compatible.

    Networks of renewable resources mentioned in this article, including the recycling of renewable resources, transit, distribution, processing and other places to stay in the process.

    Eighth (model recovery points)

    City and County business sector should be based on renewable resources, network planning, supporting operators of renewable resources in the supermarket shopping malls, commercial buildings, residential areas and other places set a uniform identification model recycling point for promoting convenient trading methods, application of advanced recycling technologies and the implementation of policies and measures to encourage recycling.

    City and County business sector should explicitly model recovery point management requirements, drive relevant business operators of renewable resources to launch bonus points, trade-in and promote green consumption and recycling activities.

    Commercial enterprises involved in the model collection points, building owners and property management service demonstration day operations of collection points should be provided the necessary assistance and cooperation.

    Nineth (Industrial Park recycling platform)

    Encourage industrial park in this city authorities cooperation with the relevant business operators of renewable resources to set up e-commerce platform, for the trading of renewable resources are to be provided within the industrial park RFQ, bid, auction services, guaranteed renewable resource activities in an orderly manner.

    Industrial parks mentioned in this article, refers to the established according to law and by the municipal or County Government or designated agency management of industrial zones, development zones, bonded areas and export processing zones.

    Tenth (and compulsory recycling of the packaging of some products)

    Countries included in the compulsory recycling directory of products and enterprises shall use in the packaging and packaging after use, to recycling and packaging of the product. Manufacturers can brokerage business recycle, recycling operators or other organizations.

    Trustee shall, in accordance with the relevant laws and regulations and the terms of the contract, is responsible for recycling.

    11th (easy to pollute the environment recycling of waste products)

    Municipal Department of Commerce shall, jointly with the municipal development and reform, and environmental protection departments to take measures to encourage and support the environmental pollution by recycling waste products.

    Municipal and county-level business departments should organize the recycling operators and have the capacity to establish waste energy-saving lamps, batteries, ink cartridges and other polluting waste product recycling network, easy to pollute the environment of waste product recycling efforts.

    City and County business, environmental protection, green city departments should be easy to pollute the environment of waste product recycling, transportation and work to strengthen the guidance.

    Types of recycling waste products in easy to pollute the environment and recycling standards, included in the catalogue for the guidance of renewable resources.

    12th (Community flow recovery personnel management)

    UN-Habitat (village) under the guidance of the Commission shall, on the streets, the township government, in conjunction with the property management service collects about personnel involved in the activities of renewable resources in the community identity and residency information.

    Subdistrict offices, Township Governments should be combined with the daily work of maintaining social order in their respective jurisdictions, urging communities to engage in recycling activities comply with the public security regulations and maintaining sanitation and guide Realty service enterprise activities of renewable resources for the community to provide the necessary facilities.

    Chapter III recovery operating norms

    13th (business operators of registration) Engaged in the management of renewable resources recovery, shall handle industrial and commercial registration (hereinafter "operators of renewable resources").

    Among them, engaged in the production of scrap metal recycling operation, shall be registered in accordance with the law business.

    14th (business operators for the record) Operators of renewable resources recovery shall, on the date of obtaining the business license in 15th, from the city's Business Department.

    Business sector should be based on distribution network planning of renewable resources, in the proof of the record indicate compliance with industrial scrap metal recycling network layout requirements.

    Meet the requirements of industrial scrap metal recycling network layout enterprises of renewable resources (hereinafter "industrial scrap metal recycling company"), the Municipal Department of Commerce, should prove the date in the 15th, to the municipal public security department.

    After filing, business operators of renewable resources recovery-related information changes shall be from the date of change in the 30th, to apply for alteration record.

    15th (on the subject of waste-producing trading requirements) Renewable resources of enterprises, except the reproduction of the input for recycling purposes, shall be sold or delivered to the operators of renewable resources.

    Among them, shall sell to the record producer producing waste metals scrap metal recycling companies, open inventory. Municipal public facilities construction, maintenance, management unit needs a public scrap metals, scrap materials should be sold to business within the announced list of industrial scrap metal recycling companies, open inventory.

    Into the productive directory scrap metal recycling companies, by the municipal authorities and the city of Commerce public security departments, municipal Association of renewable resources through regular competitive bidding, selection of fair competition, and be published.

    16th (the day-to-day conduct of business operators)

    Operators of renewable resources in the collection, storage, processing, transportation, renewable resources, shall comply with the following requirements:

    (A) strengthening the management of fire, safety;

    (B) take appropriate measures such as covering, wall, cleaning, preventing flying, splashing, spills, odor diffusion, explosion and other pollution from happening, (iii) around keep sanitation clean and disinfected on a regular basis, and strictly control the noise, odor, dust, sewage pollution, prevent the surrounding residents living and working environment;

    (D) other relevant environmental protection, sanitation, workplace safety, occupational hazards prevention, fire protection and security regulations and recycling business specifications.

    Business operators of renewable resources recovery operation specifications, by the municipal Commerce authorities and the relevant sectors, municipal Association of renewable resources.

    17th (producing waste metals and municipal public transport of scrap metal buying) Productive enterprises in metal materials scrap recycling and scrap metal to sell signed the acquisition contract, check list of sale of the goods, and accounting.
Account should faithfully record the selling entity's name, the person in charge of identity information and the item name, quantity, specification, new or old, and at least 2 years.

    Municipal public facilities construction, maintenance, management units and industrial scrap metal recycling companies on their own or entrusted others to transport municipal waste metal material, shall first issue shows that set out the transport municipal waste metal material type, quantities, shipping destination, and seal.

    During transport should carry this certificate for future reference. Public security departments should examine municipal scrap metal material transport vehicles, ships.

    Found in other sectors of municipal public transport scrap metal materials not accompanied by the supporting documents, and shall notify the public security departments to the site for processing.

    18th (disposal of renewable resources)

    Operators of renewable resources for recycling items can be reused or resource should be delivered to the use conditions of production operators for reuse or recycling; you cannot reuse or recycling, should be referred to the appropriate disposal capacity of the enterprise for treatment.

    Treatment waste shall comply with relevant regulations of the State and the municipality, to ensure safety, clamp down on illegal disposal, preventing environmental pollution, and ban the use of national technology and process has been officially eliminated.

    19th (construction waste recycling regulatory)

    Enterprises, construction, building (structures) is removed when tender or contract shall be in the tender documents and contracts, expressly requested the construction unit to record producer sold scrap metal recycling business producing waste metals, and in accordance with the requirements of resources comprehensive utilization, handle other construction waste that can be recycled.

    County construction Department of transportation construction units should be sold producing waste metals and other construction waste to strengthen supervision and management, and the inclusion of relevant information, safe site, the scope of examination.

    20th (prohibition of the recycling items)

    Operators of renewable resources shall not recycle the following items:

    (A) public security departments trace items of stolen goods or suspected stolen goods;

    (B) public scrap metal material, do not prove the lawful origin, (iii) highly toxic, radioactive materials, and containers;

    (D) the laws, rules and regulations prohibiting the recovery of other items. Operators of renewable resources in the business activities of public security departments trace stolen goods or suspected stolen goods, should be reported immediately to the police.

    Public security departments should be dealt with according to law.

    21st (reports Awards)

    Report operator's acquisition of prohibition of the recycling of renewable resources, unauthorized public violations such as scrap metal material recycling, and verified by the public security Department, the public security departments in accordance with the relevant provisions of the whistleblower reward.

    Chapter fourth safeguard

    22nd (joint system)

    Establishment of joint meeting of renewable resources system of the municipal government, periodically clear the city's recycling goals, tasks and areas of focus, research and deployment, coordination on major issues of renewable resources.

    23rd (policy measures)

    City and County Government and related departments shall, in accordance with their respective responsibilities, to develop and implement policies and measures to promote recycling and encourage units and individuals to save the trading of renewable resources, and encourage operators of renewable resources use forms provide convenient and efficient services such as e-commerce, encourage institutions of higher learning and scientific research units and relevant enterprises to develop processing of renewable resources of scientific research, technology development and promotion.

    24th (public information service platform)

    The city public information service platform of renewable resources, is used to implement the following features:

    (A) published the operators of renewable resources of the city by the file directory and recovery network information;

    (B) summary of renewable resources recovery industry regulatory information, realize the sharing of information between administrations and to release information to the public;

    (C) the release price of renewable resources information, industry information and related support policies;

    (D) accept public complaints, reporting illegal acts related to management of renewable resources;

    (E) to collect public views and suggestions for the promotion of renewable resources recovery.

    Public information service platform of renewable resources organized by the Municipal Department of Commerce building, associations of renewable resources, and entrusted the day-to-day operation and maintenance work.

    25th (arrangements for financial support)

    This city in the circular economy development schedule related requirements and resources comprehensive utilization of special funds, supports and encourages recycling.

    Municipal departments should be in accordance with the provisions for renewable resources to make outstanding contributions to the units and individuals that recognize or reward.

    26th (recovery information report and industry statistics) Record operator shall report regularly to the business sector of renewable resources recycling renewable resource types, quantities and other information.

    Specific measures by the municipal authorities and the city of commerce statistics, Public Security Department separately. City and County Business Department of renewable resources recovery industry statistics, monitoring and analysis of relevant statistical information.

    Data prior to the release of renewable resources should be reported to people's Governments at the statistical record.

    27th (education)

    Municipal Department of Commerce shall, jointly with the municipal development and reform, education, environmental protection, green amenities, housing management and other departments and consumer protection organizations to enhance awareness of renewable resources, support communities, school related knowledge and social practice.

    The fifth chapter legal liability

    28th (operating without a license and go beyond the scope of liability)

    According to law without obtaining the business license to engage in business activities of renewable resources recovery, the Commerce, industry, law enforcement departments in accordance with the Division of responsibilities, according to the unlicensed investigation against measures and other relevant provisions to deal with it.

    Knows or should know is failing to engage in business activities of renewable resources and obtaining the business license for its place of business, transport, storage, storage conditions, by the departments of industry and commerce in accordance with the unlicensed investigation against measures and other relevant provisions to deal with it.

    Beyond the range approved and registered in the management of renewable resources recovery, be dealt with by the business sector in accordance with the relevant provisions.

    29th (liability for violation of record-keeping provisions)

    Violation of the provisions of the present article 14th, operators of renewable resources is not filing or change the record, rectification by the Business Department and the public security sector; it fails, a fine of 2000 more than 5000 Yuan fine.

    30th (liability of industrial scrap metal recycling violations) 

    Violation of the provisions of the first paragraph of this article 17th, industrial scrap metal recycling companies do not establish accounting and saves, rectification by the public security departments, and a fine of 1000 more than 5000 Yuan fine.

    

    31st (violation of municipal legal responsibilities under scrap metal material recycling)

    Municipal waste metal material recycling business without authorization, by the security administration of public security department based on relevant laws and regulations will be punished.

    Violation of the provisions of the second paragraph of this article 17th transport municipal waste metal material, not accompanied by the supporting documents, more than 1000 Yuan by the public security department fined not more than 5000 Yuan.

    Municipal public facilities construction, maintenance, management unit of illegal disposal of municipal waste metal materials, by the competent authorities to deal with the owners and persons constitutes a crime, criminal responsibility shall be investigated according to law.

    32nd (the legal responsibility of violation of the prohibition of the recycling)

    Violation of the provisions of the first paragraph of this article 20th, operator's acquisition of prohibition of the recycling of renewable resources recovery, by the security administration of public security department based on relevant laws and regulations will be punished.

    33rd (liability for violation of the provisions on the submission of information)

    Violation of the provisions of the first paragraph of this article 26th, recycling operators did not report the recall to business information, rectification by the Business Department; it fails, and fined 1000 Yuan more than 5000 Yuan fine.

    The sixth chapter supplementary articles

    34th (relating to the meaning of the term)

    (A) producing waste metals, are used for construction, railways, communications, electric power, water conservancy, oil, public facilities and other areas of production, has lost all or part of the value of metals and metal products. (B) municipal scrap metal supplies is due to natural damage or damages arising out of, contain metallic substances in municipal public facilities, equipment, instruments, sculptures, and other materials.

    Doors, traffic, concrete, construction, ranging from municipal Commerce, renewable resources, and public security departments and Association directory, and announced to the public.

    35th (execution date) These measures shall take effect on December 1, 2012. October 17, 2005, Shanghai Municipal People's Government, the 52nd issue of the Shanghai scrap metals acquisition regulations repealed simultaneously.