Luoyang City Construction Waste Management Regulations 2011 (Revised)

Original Language Title: 洛阳市城市建筑垃圾管理若干规定(2011年修正本)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369129.shtml

Luoyang City construction waste management regulations 2011 (revised) (June 26, 2006, Luoyang City people's Government, the 85th release Luoyang City, on October 21, 2011, the 100th meeting of the people's Government passed amendments on November 11, 2011 in Luoyang City people's Government promulgated as of January 1, 2012, 114th) first in order to protect urban human settlement environment, strengthening the management of urban construction rubbish, according to the State Department to set administrative administrative examination and approval items really necessary to be retained licensing decision (the State Council order No. 412),

    Ministry of urban construction waste management regulations (139th order of Ministry of construction), the provisions of the regulations on the management of city appearance and environmental sanitation in Luoyang City, combined with the city's actual, these provisions are formulated.

Provisions of this article applicable to the urban planning area of construction waste emissions, collection, transportation, transit, dumping, disposal of backfill and to dissolve, the use of such activities.

    Construction waste in these rules refers to employer, construction, renovation, expansion and removal of all types of buildings, structures, networks generated during the process of soil, disposable materials and other waste.

Third construction waste management unified management, partition, responsible and cleaned up, the principle of reasonable disposal.

Department of city appearance and environmental sanitation administration is responsible for the management of construction waste.

    Development, planning, environmental protection, public security, traffic, land Administrative Department in accordance with their respective responsibilities, such as collaborative urban construction waste management.

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

    City, County (city, district) people's Governments shall support and development project of comprehensive utilization of building refuse to encourage enterprises to use of construction wastes in building materials and reproduction, development of production, sales and use of the preferential policy 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. Dedicated building refuse to dissolve the municipal people's Government according to the city construction and management needs of unified planning, rational distribution, there are plans to build.

    Encouraged to raise funds to construct a dedicated building refuse to dissolve.

    Sixth construction waste discharge, dissolve, backfilling, handling construction waste disposal permits. Seventh construction projects construction permit is required before disposal of construction waste from construction firms to city and County (City) departments of city appearance and environmental sanitation Administration proposed to apply for the construction of the waste discharge permit.

    Construction approval of construction projects require disposal of construction waste from construction firms to city and County (City) departments of city appearance and environmental sanitation administration application, processing of the building waste discharge permit.

Eighth claim of the construction waste discharge permit, subject to the following conditions:

(A) has information on accounting of construction waste emissions, construction waste disposal fees for and in accordance with the regulations;

(B) the site export car wash tank, vehicle washing equipment and roads hardened in accordance with standards or have a valid cleaning programmes;

(C) classifying emission construction waste disposal programmes;

(D) seal airtight transport mechanism of transport vehicles;

    (V) other conditions stipulated by laws and regulations. Nineth units shall be construction debris removal of construction waste to municipal and County (City) Department of sanitation approval of elimination on site.

Cannot be cleaned up, it should be properly piled and take protective measures such as wind-proof, dust-proof. Units of construction waste, you can pickup or an approved cleaning unit clean. 

Delegate removal of construction waste should be signed with the pickup unit commissioned a transportation contract, specifying the rights, obligations and liability for breach of, and to supervise the removal unit removal behavior.

    Arrange the removal of the unit shall be indicated when they apply for the construction waste discharge permit and bear the corresponding legal responsibility.

Tenth transport construction wastes must comply with the following provisions:

(A) the vehicle must be clean and tidy, the banning of exterior dirt roads, contaminated road surface;

(B) the vehicle must affix a sealing device shall not be overloaded, not throw omissions;

(C) in accordance with the approved route and time;

    (D) onboard of the construction waste discharge permits, and consciously accept the supervision and inspection.

11th article engaged in building garbage transport of enterprise, should has following conditions and to city, and County (City) city sanitation competent sector application handle building garbage transport license: (a) has business license, meet goods transport business activities of related provides; (ii) has has installation meet standard of full closed transport mechanical device of transport vehicles, vehicles approved total load volume not less than 80 tons;

(C) have a sound safety management systems.

    Building, construction building waste must not be handed over to individuals or to the unauthorized transport of units engaged in construction waste transport.

12th building refuse to dissolve the units and individuals shall be made to the city and County (City) departments of city appearance and environmental sanitation Administration to apply for the permit for building refuse to dissolve.

Obtain the building refuse to dissolve license shall meet the following requirements:

(A) conform to the urban planning requirements, land or forest land or forest land use documents approved by the administrative departments of capital projects construction waste backfill or replacement shall meet the legally approved by the Administrative Department of construction engineering construction file; used for storage, transport and utilization of building refuse, should also provide project files;

(B) Elimination of site plan, enter and exit the road map, with appropriate spreading, rolling, dust, light and other machinery and equipment, drainage, fire fighting and other facilities;

(C) eliminate export car wash tank, vehicle washing equipment and roads hardened in accordance with standards;

    (D) construction waste elimination solutions. Article 13th construction waste disposal charging scheme. When units of construction waste in disposal of construction waste generated shall be in accordance with the relevant provisions of the State and this municipality to pay disposal fees. 

    Disposal of mainly for the construction of landfill construction, management, operation and management services. 14th city appearance and environmental sanitation departments should strengthen the construction waste, transportation and disposal of supervision and inspection. Isaac, and dumping of construction waste, shall order the party to immediately clear. Parties could not be found, shall organize a purge.

    Construction debris removal after the construction of the unit or units shall be in accordance with the Luoyang City appearance and environment sanitation management provisions of the regulations, will be cleaned up, and reported to the seat of the County (city, district) Administrative Department of sanitation.

15th unauthorized disposal of construction waste, by the Department of sanitation a rectification, be warned, fined 10,000 yuan and 100,000 yuan for the construction unit fined, for construction and transport unit of construction waste up to 5000 Yuan and 30,000 yuan fine.

    Unauthorised building refuse to dissolve, by the Department of sanitation rectification and give a warning, the unit shall be fined a maximum of 5000 Yuan and 10,000 yuan and fined a maximum of 3000 Yuan for individuals. 16th construction waste transport vehicle clean, sealed for transport, shall be ordered to correct, and a breakdown by the (time) fined a maximum of 1000 Yuan and 3000 causing pollution, ordered to eliminate pollution and polluted area added a fine of 50 Yuan per square meter.

    But a maximum 30,000 yuan. 

17th construction units are not cleaned up construction in the process of building waste, pollution, by the Department of sanitation a rectification, given a warning and fined 5000 Yuan and 50,000 yuan fine. 

    Building, construction building waste to the individual or to engage in building garbage disposal transportation units without approval, by the Department of sanitation a rectification, given a warning and fined 10,000 yuan and 100,000 yuan fine. 

    18th article the Department of sanitation's dereliction of duty, abuse of power, favoritism, and shall be given administrative sanctions constitutes a crime, criminal liability shall be investigated for their. The 19th article of the provisions come into force on January 1, 2012. On June 26, 2006 City, Luoyang, Luoyang City, announced by the people's Government of the construction waste management regulations (municipal government, 85th), from the date of implementation of this provision repealed.