Xining City Construction Waste Management

Original Language Title: 西宁市城市建筑垃圾管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379292.shtml

Xining city construction waste management (August 6, 2012 in Xining city people's Government, the 8th Executive meeting on August 21, 2012 116th promulgated by the people's Government of Xining as of October 1, 2012) first in order to strengthen 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 regulations on the management of city appearance and environmental sanitation in Xining and other laws and regulations,

    This municipality actually, these measures are formulated.

Second, urban planning, the building waste produced within the region, dumping, transports, backfilling, transit, eliminate, the use of such disposal procedures apply.

    Construction waste in these measures refers to construction, construction, renovation, extension or demolition of various buildings (structures), road networks, landscaping and residents building, decoration of houses produced in the process dump, disposable materials and other waste.

Third construction waste disposal reduction, resource, harmless and who, who bears the responsibility of disposal principles. 

    Social forces are encouraged to develop project of comprehensive utilization of building refuse to encourage construction and construction unit to give priority to the construction of comprehensive utilization of waste products. Fourth, the Central Government should strengthen leadership of the construction waste disposal, construction waste elimination, transit provision should be included in urban environmental sanitation facilities construction planning.

    Relevant departments of the city administration in conjunction with the municipal government for the city, according to the needs of urban construction and management, preparation of construction plan of urban construction waste elimination sites, transfer stations, and submitted to the municipal people's Government for approval.

Fifth of municipal city management, city, administrative law-enforcement departments are responsible for the management of construction waste.

District administration within the Department responsible for the administration of the city administration of urban construction rubbish.

    Construction, real estate, environmental, planning, transportation, industry and commerce, public security, safety, and quality supervision, land, finance, water resources, development and reform Department, according to their respective functions, disposal of construction waste management in accordance with law. Article sixth building garbage disposal the implementation of approval system.

    Without approval, no unit or individual may unlawfully dispose of construction waste. Article building, rebuilding, expansion and the dismantling of all types of buildings (structures) of buildings, roads and other necessary disposal of construction waste, should be before the project began, to the location of the project area the city administration departments for approval.

District administrative law enforcement departments after the acceptance of the application, shall make a written decision within 3 business days, to meet the conditions, approve it; do not meet the conditions, and not approve, inform and explain the reasons in writing.

District Administration Department should be approved by the construction waste disposal, urban management, to the administrative law enforcement departments.

    Cross-district transport, dissolve the disposal of construction waste by the city administration departments for approval.

    Article eighth requires excavation, demolition, backfill and other construction waste disposal units, in pre-construction and construction units should be contracted to clear construction waste disposal responsibilities.

Nineth applications approved by the construction waste disposal units should meet the following conditions:

(A) programme of construction waste disposal, including type, number of construction waste;

(B) it has made with construction waste disposal permits transportation of transport signed the contract of carriage;

(C) building waste elimination on disposal elimination on disposition of the signed license to dissolve the contract;

(D) land for construction permits, construction permits and construction site environmental responsibility, but unless the law provisions do not need to apply for;

    (V) other conditions stipulated by laws and regulations.

    Tenth construction unit civilized construction in construction site management shall, in accordance with the relevant provisions and implementing measures to rinse cleaning.

11th residents ' building and decoration of housing construction waste, responsible for the property management unit or other sanitation should guide owners or contractors at designated sites and classified and piled up, and take measures such as surrounding stalls and the thatch.

    Residents the construction and decoration of housing construction waste, shall entrust the services of sanitation units in accordance with the provisions of the standard fee removal.

    12th all kinds of cables, pipe networks, landscaping and other construction, laying or demolition, renovation of the building waste produced in the process, as required by construction units to take measures against dust, after the completion of timely clear construction waste and demolition of facilities. 13th construction waste of all kinds of construction projects, it should be cleaned up. Cannot be cleaned up, dust-proof and other measures should be taken to prevent pollution of the environment, city health.

    After completion of the construction in the 15th should be cleaned up and clean. 14th units should be engaged in building waste transport to city management issued by the administrative law-enforcement departments to apply for construction waste disposal permit for transport, municipal administration departments accepted, shall, within 7 working days to make a decision.

    Meet the requirements, issuance of building garbage disposal transport license; does not meet the criteria, inform and explain the reasons in writing.

Section 15th of units engaged in construction waste transport shall meet the following conditions:

(A) have the status of enterprise legal persons;

(B) has its own transport vehicles not less than 20 units, motor vehicle driving license according to law, road transport operators permit;

(C) lawfully obtained the driver qualifications for road transport operators;

(D) has sound operational, safety, maintenance and other management systems;

(E) transport vehicles in accordance with the provisions of a closed mechanical devices;

(Vi) other conditions stipulated by laws and regulations. Individuals engaged in the transport of construction waste, its vehicles should be included to achieve unified management of construction waste disposal permit for transport.

    Specific measures shall be formulated by the Municipal Administration Department.

    16th city management administrative law enforcement departments should be made of construction waste disposal permit for transport units to the public. 

    Article 17th of construction waste transport units shall be filed with the city in front of transport construction waste management administrative law-enforcement departments to apply for construction wastes transportation permit, construction wastes transportation permit shall contain the project name and location, transport vehicle brands, such matters as transportation routes, times, eliminate places.

18th transport unit shall perform the following obligations:

(A) in accordance with the approved scope mount, carrying construction waste shall not be overloaded, overrun;

(B) shall not carry construction waste subcontracting or to subcontracting;

(C) the transport vehicles should be washed before pulled out of the site, may not be dirt (dirt) roads, contaminated road surface;

(D) set out by construction wastes transportation permit route, time of transport;

(E) to ensure that vehicles meet the technical standards set by the State, shall not be leakage and scattered construction debris;

(F) the onboard documents such as construction waste transportation permit, and consciously accept the checks;

    (G) loading and unloading at designated sites and subject to elimination of management. Article 19th building refuse to dissolve the units and individuals, shall apply to the Municipal Administration Department issued absorptive building refuse disposal permit. City management administrative law enforcement departments after the acceptance of the application, shall, within 7 working days to make a decision.

Meet the requirements, approval, and issuance of building refuse to dissolve the disposal permit does not meet the criteria, and not approve, inform and explain the reasons in writing.

    Encouraging social investment and construction of power construction waste elimination.

Article 20th construction waste elimination sites subject to the following conditions:

(A) obtain permission to land, planning, environmental protection and other sectors;

(B) eliminate the site layout, access routes;

(C) meet the required paving, compaction, removal, lighting and other equipment;

(D) programme of construction waste disposal and recycling;

(E) improving the environmental health and safety management system;

(F) comply with the flood, landslide prevention and other disaster-related requirements;

(VII) set at the entry and exit roads crossing logo, logo, on a private road and construction waste disposal area signs, vehicle speed limit signs;

    (H) the import and export of road should be paved concrete road surface, set the rinse cleaning facilities.

21st construction waste management to dissolve shall comply with the following provisions:

(A) shall not be subject to industrial waste, solid waste and other toxic and hazardous waste;

(B) use of construction waste and the use of construction waste piled up;

(C) strictly in accordance with the relevant technical specifications, the provisions of the construction work;

(D) maintain elimination equipment, facilities in good condition;

(E) keep to dissolve the surrounding and the environment clean;

(F) Professional cleaners and cleaning of vehicles pulled out of the absorptive, wheels, car washing, ensure that net play;

    (G) record entering the Elimination of transportation vehicles, containing construction waste quantities, totals reported to the urban Administration Department on a regular basis, and consciously accept the administrative law enforcement supervision and management of urban management.

    22nd construction waste disposal the implementation of paid services, the specific measures shall be formulated by the Municipal Department in charge of price standards.

23rd construction engineering, low-lying land, disposal of waste trench backfill needs to be put, subject to such conditions for construction quality acceptance criteria, approval by the relevant departments, encouraging priority using construction waste as backfill material.

    Needs of construction waste as backfill materials, the units concerned shall apply to the Administration Department of the city, approved to conduct backfill disposal.

24th no units or individuals shall engage in the following behavior:

(A) referred to the failure to obtain construction waste construction waste disposal permit for transport units or individual transport;

(B) the construction waste mixed with household waste or hazardous waste mixed with construction debris;

(C) free to dump, ejection and stacking construction waste;

    (D) forge, lease, lend, modify, transfer, selling construction waste disposal of the license. 25th piled up prohibited occupation of city road construction waste. Needed a temporary occupation road stack, should ask the Administration Department of the city, and to adopt pollution prevention measures.

    After the completion of construction debris should be cleared in a timely manner. Article 26th of construction waste transportation services unit and construction waste elimination sites are not allowed to go out of business, out of business.
Absolutely necessary to close for business, should be according to the provisions of the relevant procedures.

    27th complaints against acts in violation of these measures incentive systems, urban management administrative law enforcement authorities set up telephone hotlines, the unit and individual complaints should be investigated in a timely manner.

    Verified by municipal administration Department in accordance with the regulations shall be awarded.

    28th for acts in violation of these measures, the urban construction waste management provides penalties of from its provisions.

29th under any of the following acts, administrative law enforcement departments by the city administration ordered corrective action and give a warning, and between 1000 and 500 Yuan the following fines:

(A) carry construction waste transport vehicle does not come with the car carrying construction waste transportation permit, do not follow the prescribed route, time travel, or in accordance with the regulations of use sealing device;

(B) construction waste elimination sites not required jobs and transport vehicles are not subject to management;

    (C) the disposal of construction waste in construction or construction units, transport units, dissolve refuses to accept inspections.

Article 30th violated these measures stipulated in article 18th and 26th, by the city administration of departments be ordered to correct, and a fine of between 10,000 yuan and 30,000 yuan.

    Violation of the third requirement of article 18th, cleared by urban Administration Department in charge shall command and more than 1000 Yuan fine below 10,000.

    31st using violence, threats and other means of imposing contract construction garbage transport business, or refusing or obstructing a law enforcement officer in performing their duties, by the public security organs according to law.

    32nd City Administration Department and other departments concerned have negligence, malpractice, abuse, by the units or higher administrative departments, supervisory organs shall be ordered to correct, to charge and responsibility for personnel directly responsible shall be given administrative sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law.

    33rd of municipal jurisdiction of Datong, huangzhong, huangyuan County management of construction waste, in accordance with the measures implemented.

    34th article of the approach by the City Administration Department is responsible for the interpretation. 35th article of the rules take effect on October 1, 2012. April 28, 2004, promulgated by the people's Government of the Xining, Xining city construction waste and construction waste management policy (62nd Xining people's Government) abrogated.