Interim Measures For The Wuhan Construction Waste Management

Original Language Title: 武汉市建筑垃圾管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353023.shtml

Interim measures for the Wuhan construction waste management (April 25, 2011 Wuhan City Government 135th times Executive Conference considered through May 19, 2011 Wuhan City Government makes No. 219, announced since June 20, 2011 up purposes) first article for strengthening building garbage management, maintenance city city environment, according to city city and sanitation management Ordinance (State 101th, makes), and Wuhan City sanitation management Ordinance, and city building garbage management provides (construction 139th, makes), about legal

    , Rules and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city of construction waste, transportation, eliminate, the use of such disposal and related management activities, these measures shall apply.

    Third construction waste in these measures 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.

    Fourth of municipal and district people's Government shall strengthen the management of construction waste led to ensure construction waste management funding, construction waste elimination sites build into recycling economy and comprehensive utilization of development planning, integrated urban management and construction waste management performance appraisal. Fifth of municipal and district people's Government the establishment of construction waste disposal authority for coordination mechanisms, research, regularly informed of overall control of the construction waste disposal, coordination in handling construction waste disposal management problems that occur.

    City and District Management Committee Office is the building garbage disposal regulatory coordinating body, specifically responsible for the Organization, coordination, assessment of construction waste disposal management.

    Sixth municipal Administrative Department of the city administration is to the city construction waste management departments, is responsible for implementation of this approach.

    Urban management of the Administrative Department is responsible for the regular supervision of construction waste disposal within its administrative area.

    Civilization construction management of construction Administrative Department is responsible for the construction site, monitoring the implementation of flush cleaning measures, investigate and deal with violations of civilized construction management violations.

    Public security traffic Administrative Department is responsible for construction garbage vehicles road traffic management, monitoring the implementation of traffic time, route, and road traffic safety violations.

    Development, territorial planning, transport, environmental protection, pricing, financial and supervisory authorities in accordance with their respective duties, responsible for construction waste management related work.

    Wuhan East Lake high-tech development zone, Wuhan economic and technological development zone, East Lake ecological tourism scenic spot Management Committee in accordance with this approach, and the provisions on district people's Government and the relevant departments management duties, is responsible for managing construction waste management within their respective work.

    Article seventh urban management, construction, traffic management and other administrative departments, shall, in accordance with their respective responsibilities, establish accountability system for construction waste management, implementation of regulatory responsibilities, construction waste, transportation, eliminate, the use of disposal activities such as conducting supervision and inspection.

    City, municipal and District Management Committee office building waste disposal violations should be established to investigate and supervision information platform, and is responsible for collecting, collating and reporting relevant information, organize regular urban management, construction of joint law enforcement, traffic management and other administrative departments, timely investigate and deal with construction waste disposal violations, inspection, test and related administrative departments to carry out construction waste regulatory responsibilities.

    Article eighth building garbage disposal should follow minimization, recycling, harmless and who, who bears the responsibility of disposal principles.

    Nineth construction waste disposal according to the relevant regulations of the State of the implementation of administrative licensing system without permission, no unit shall be permitted unauthorized disposal of construction waste.

    Disposal of construction waste, he shall make application to the Administrative Department of urban management, urban management administration shall, within 2 working days from the date of acceptance in writing decisions on application materials are complete, meet the statutory requirements, license and issue a certificate of administrative license, material is not complete, inform the applicant be corrected; not to permit and notify the applicant in writing and state the reasons.

    No person shall alter, resell, rent, lend or in any other form of illegal transfers of licenses for disposal of construction waste. Tenth unit at the time of preparation of construction project budget estimates, budget, specific expenditures construction waste disposal cost in applications for construction waste disposal permits issued by the former, in units set up private accounts.

    Special account for specific regulatory approaches, developed separately by the municipal Administrative Department of the city administration.

    When construction company in bidding or direct contracting, in the tender documents or clear in the contract the construction units at the construction site to construction waste management requirements and related measures, and supervising the construction of units in accordance with the provisions of civil construction, implement the flush cleaning measures. 11th building units and construction units should be in front of the project to the local district administrative authority for construction waste disposal permits issued by the city administration.

    The applicant shall comply with the following conditions:

    (A) the construction licence or other authorization documents has been made;

    (B) construction waste disposal programs and related information;

    (C) the operating conditions of the construction;

    (D) transport units and building waste transport services licensing the disposal of transport contracts signed;

    (E) eliminate the disposal contract, dissolve to comply with the relevant provisions of the contract;

    (Vi) other conditions stipulated by laws, rules and regulations.

    12th construction units shall fulfil the following obligations:

    (A) the construction waste cleaned up, keep the work site and the surrounding environment clean;

    (B) in accordance with the relevant provisions of walls, publicity, hardening the site path of import and export;

    (C) set to meet the requirements of vehicle washing cleaning facilities, configure the dedicated cleaning staff, access to vehicles shall be subject to the site after washing clean cleaning facilities, before leaving the site;

    (D) construction site dust-water pressure on a regular basis and cover measures imposed on bare soil;

    (E) equipped with monitoring facilities in accordance with the relevant provisions;

    (F) the laws, regulations and other obligations under the regulations.

    13th residents decoration of housing construction waste, the region had implemented a property management, shall be designated in accordance with property management company places temporary stack, and 2nd removal; implementation of property management, should follow the street designated place temporary stack, and cleaned up in the 2nd.

    Residents of decoration of housing construction waste, shall entrust the operation of sanitation units in accordance with the provisions of the standard fee removal. 14th construction waste transportation routes, city management should be issued by the administrative authority for construction waste transportation services license.

    The applicant shall satisfy the following conditions:

    (A) construction waste transport enterprise as a legal person, the registered capital of not less than 3 million Yuan;

    (B) shall obtain the road transport operators permit;

    (C) its own transport vehicles not less than 20 units, have made road transport certificates;

    (D) transport vehicles with closed transportation machinery and construction waste management specification requirements of transport vehicles, spraying body color, vehicle identification, install the GPS satellite positioning system and overhead light;

    (E) transport vehicle drivers shall obtain the qualifications for carriage of goods by road;

    (Vi) have a sound management system;

    (VII) other conditions stipulated by laws, rules and regulations.

    City management in construction waste transport services permit issued by the Administrative Department, construction waste transport vehicles should comply with requirements issued certificate of vehicular traffic.

    The first paragraph of this article (d) construction waste transport vehicles mentioned in item management standard, managed by the city administration together with the municipal public security traffic management Department separately.

    15th licensed construction waste transportation unit (hereinafter referred to as the transport unit), urban management administration to the public.

    Construction and construction units should be selected in the published list specific carrier unit. 16th transport unit in front of the building waste for transport, shall hold a construction waste disposal permits, vehicle transportation certificates and other relevant supporting documents to the municipal public security traffic administration departments to apply for the permit.

    Vehicle permit shall contain the project name and location, vehicle license plate number, route, time, eliminate places and so on.

    17th transport unit shall perform the following obligations:

    (A) the carrier permits the disposal of construction waste by the city administrative departments;

    (B) shall not carry construction waste subcontracting or to subcontracting; (c) transports cars before they pulled out of the construction site accepted flush to prevent wheel dirt road pollution road;

    (D) comply with the requirements of road traffic must not exceed high and quality loaded nuclear, no speeding;

    (E) enclosed transport to prevent construction waste leak, spilled or flying;

    (Vi) onboard vehicle transport road transport certificates, certificate, permit, and consciously accept the supervision and inspection;

    (VII) in accordance with the public security traffic Administrative Department of the specified routes and time travel;

    (VIII) to meet the requirements of absorptive sites for dumping construction waste, subject to venue management command and obtain receipts for inspection. Article 18th building of construction waste elimination sites included in the planning of city appearance and environmental sanitation facilities.

    City management administration in conjunction with the development of reform, territorial planning, construction, environmental protection, finance and other sectors, according to the needs of urban construction and management, preparation of construction waste elimination site construction plan, submitted to the municipal people's Government for approval.

    Encourage social capital investment in building construction waste elimination sites.

    19th construction waste elimination sites settings should be consistent with land, town and country planning, sanitation and environmental protection regulations, and in accordance with the provisions of the relevant approval procedures.

    Article 20th construction waste elimination sites shall comply with the following conditions:

    (A) meets the needs of elimination on machinery and equipment and lighting, drainage, fire fighting and other facilities;

    (B) meet the wall and after hardening of access roads;

    (C) set up at the exit of vehicle washing areas and facilities;

    (D) other conditions stipulated by laws, rules and regulations.
21st construction waste elimination sites shall comply with the following requirements:

    (A) in accordance with the provisions of the receiving, piled up construction waste, shall not be subject to industrial waste, solid waste and other toxic and hazardous waste;

    (Ii) maintain elimination on space related equipment, facilities in good condition;

    (C) maintain elimination on premises and surroundings clean and tidy;

    (D) records enter the Elimination on site transport vehicles, na number of construction waste, periodic summary data report municipal Administrative Department of the city administration.

    22nd construction waste elimination on disposal the implementation of paid service, disposal standard administered by the municipal price control authorities and the city administration developed and submitted to the municipal people's Government for approval before implementation.

    23rd of municipal and district people's Government to encourage and support the preferential policy of comprehensive utilization of building refuse to support scientific research and industrial development of the comprehensive utilization of building refuse.

    Encourage enterprises to invest in comprehensive utilization project of building construction waste, encourage units and individuals to priority use of comprehensive utilization of waste products.

    24th of municipal urban management administration waste comprehensive utilization in building information platform, provide construction waste, transportation, eliminate, the use of such information.

    25th construction projects, development of land need to be backfilled foundation pits, depressions, in accordance with the requirements of construction quality approval standard conditions to encourage construction waste as backfill material takes precedence.

    Construction projects, land for development need to be backfilled building garbage sites or low-lying land, waste drains, and other receiving place of construction waste, the units concerned should apply to the municipal Administrative Department of the city administration, confirmed by the municipal Administrative Department of the city administration site, can backfill and receiving construction waste.

    Article 26th city administration administrative departments in building garbage disposal reporting system, complaints to the public telephone, the unit and the individual complaints should be verified, which belongs to the scope of the Administrative Department of the city administration, should be investigated in a timely manner, and process the results will inform the complainant or informant; belongs to the competence of other departments, should timely transfer of relevant departments.

    27th of the following acts in violation of these regulations, by the city administration of law enforcement agencies in accordance with the provisions on administration of urban construction rubbish (Ministry of construction 139th order) of a rectification, given a warning and fined:

    (A) alter, resell, rent, lend or in any other form of illegal transfer of construction waste disposal permits, more than 5000 Yuan and fined a maximum of 20,000 yuan;

    (B) did not obtain a construction waste disposal permit unauthorized disposal of construction waste or waste presented for disposal beyond the scope of the license, the construction units between 100,000 yuan and 10,000 yuan fine, the construction and transport unit of construction waste and 5000 Yuan and 30,000 yuan fines;

    (C) the employer, the construction Commission of unauthorized construction waste transportation units or individual transport, fined a maximum of between 100,000 yuan and 10,000 yuan;

    (D) unauthorized established dissolve site containing construction waste, the unit shall be fined a maximum of more than 5000 Yuan and 10,000 yuan for individuals penalty of between 3000;

    (E) construction waste elimination sites containing industrial waste, solid waste and toxic hazardous waste, fined a maximum of more than 5000 Yuan and 10,000 yuan;

    (Vi) free to dump, throw or stacking of construction waste, the unit more than 5000 Yuan and fined a maximum of 50,000 yuan of personal fines of between 50 Yuan and 200 Yuan.

    28th article building garbage transport vehicles not take closed measures of, by city management law enforcement sector ordered deadline corrected, give warning, and at 500 Yuan above 2000 Yuan following fine; building garbage leak, and scattered or flying pollution road of, ordered transport units timely clear, and according to Wuhan City sanitation management Ordinance provides of standard sentenced fine; refused to clear of, by city management law enforcement sector on behalf of clear, by needed costs by party bear.

    Article 29th of the following acts in violation of these regulations, ordered by the city administration law enforcement corrections and give a warning and fined in accordance with the following criteria:

    (A) the unauthorized construction waste transportation, the unit shall be fined a maximum of more than 5000 Yuan and 30,000 yuan for individuals penalty of between 1000;

    (B) the use does not comply with construction waste transport vehicle management specification for vehicle transport, between below 1000 Yuan and 200 Yuan fines;

    (C) the carrying construction waste of subcontracting or to subcontracting, fined a maximum of more than 5000 Yuan and 10,000 yuan;

    (D) no onboard vehicle transportation certificate, penalty of between 200 Yuan more than 1000 Yuan. 30th article units, and construction units violation this approach provides, not set surrounding block or hardening import and export road, and not implementation vehicles flush cleaning measures of, by construction administrative sector according to Wuhan construction engineering civilization construction management approach (City Government No. 211, makes) of about provides, ordered deadline corrected, and at 1000 Yuan above 10,000 yuan following fine; led to building garbage transport vehicles drove out site pollution road of, city management law enforcement sector according to Wuhan City sanitation management Ordinance

    It shall be punished.

    Employer, the construction is not required rectification or fails to rectify, construction administrative departments shall be ordered to shut down the rectification, and in accordance with the relevant provisions of its bad behavior to be recorded and published.

    31st transportation violates these rules, high, ultra-high quality loading and transportation of nuclear, speeding by public security traffic Administrative Department in accordance with the People's Republic of China relating to road traffic safety act shall be punished; movement of transport vehicles not to apply for the card or not according to specified routes and time travel by the public security traffic Administrative Department, 200 Yuan fines.

    32nd transportation units of the vehicle has violated these rules of behavior, cycle 2 times within 1 year of administrative punishment is still not correct, apart from the penalty shall be imposed in accordance with this approach, and managed by the city administration to recover the transportation certificate and no longer be issued within 1 year.

    Article 33rd using violence, threats and other means of imposing contract construction garbage transport business, or refusing or obstructing a law enforcement officer performing official duties according to law, by the Public Security Bureau in accordance with the People's Republic of China related provisions of the law on administrative penalties for public security administrative penalty serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

    Article 34th other acts in violation of these regulations, laws, rules and regulations on penalties from its provisions.

    35th refuses to accept the decision on administrative penalty made on an administrative organ may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Party fails to carry out administrative punishment decision, the executive authorities can enforce or apply to a people's Court for compulsory execution. Article 36th urban management, construction, traffic management and other administrative departments and their staff should perform their duties according to law shall not be dereliction of duty, abuse of power, favoritism.

    Any of the following circumstances, by the unit or by the competent administrative departments, supervisory authority depending on the seriousness of accountability or sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) urban management administration, public security traffic administration provisions issued by the construction waste disposal permits;

    (B) the administrative departments of the city administration building garbage disposal related offences have not been investigated in a timely manner;

    (C) violation of civilized construction in construction site of the construction sector did not promptly investigated and dealt with according to law;

    (D) public security traffic Administrative Department of construction waste transportation vehicle violation of road traffic regulations is not promptly investigated and dealt with according to law;

    (E) failing to perform their supervisory duties in other contexts. 37th article of the rules as of June 20, 2011.