Provisions Of Shanghai Municipality For Administration Of Construction Waste And Construction Waste Disposal

Original Language Title: 上海市建筑垃圾和工程渣土处置管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340875.shtml

Provisions of Shanghai municipality for Administration of construction waste and construction waste disposal

    (October 25, 2010 Shanghai Municipal People's Government Executive session of the 88th on November 8, 2010, Shanghai Municipal People's Government makes its 50th release come into force on January 1, 2011) article (purpose and basis) in order to strengthen the management of construction waste and construction waste disposal, maintenance of city appearance and environmental sanitation, according to the Shanghai city appearance and environmental sanitation Administration Ordinance and the provisions of other relevant laws and regulations, combined with the city's actual, these provisions are formulated.

    Article II (scope and definitions)

    Within the administrative area of the city construction waste activities and projects related to waste disposal and management, these provisions shall apply, home decoration except for construction waste and construction waste.

    Construction waste and construction waste refers to the construction of new construction, renovation or expansion process, as well as buildings and structures repair and demolition waste generated in the process, disposable materials and other waste.

    Disposal of construction waste and construction waste is construction waste waste emission, transport, transit and engineering, to dissolve all aspects.

    Article III (management)

    City greening the city administration is building in this city garbage and construction waste disposal authorities, is responsible for implementation of this provision.

    Area (s) green city Administrative Department is responsible for areas within the building waste residue disposal and engineering management.

    Municipal, district (County) City Administration Department (hereinafter referred to as law enforcement authorities) to administrative penalties for violation of the provisions.

    Construction, transportation in the city port, public security, land planning, marine, water supplies, prices, quality and technical supervision, housing, environmental protection, Civil Administration Department in accordance with their respective responsibilities, to coordinate the implementation of these provisions.

    The fourth section (Government responsibility)

    Municipal, district (County) Government should be building waste and engineering requirements for waste disposal management incorporate the budget.

    Area (s) within the jurisdiction of the people's Governments shall strengthen the region construction waste waste disposal management and engineering leadership.

    Fifth (encourage utilization)

    Encouraged in this city imposed on construction waste and construction waste comprehensive utilization of priority use of construction waste and construction waste as filling material for construction projects.

    The sixth section (regional transport units) The district (County) greening the city administration should be based on areas within the building waste sediment transport and engineering, in accordance with the requirements of the seventh article determines the area of carriage construction waste residue and engineering units (hereinafter referred to as the transport unit).

    Number of transport units shall be not less than two, regional business period not exceeding 2 years.

    The district (County) greening the city administration determine the transport unit does not meet their respective jurisdictions within the assigned area of construction waste and sediment transport requirements of the projects, the district (County) greening the city administration should be increased in this area of transport units.

    Seventh (tendering requirements) The district (County) greening the city administration to determine the area's transport units should be adopted by the municipal greening the city established under the administrative authority of the transport unit bidding platform for bidding.

    Tender conditions should include the following:

    (A) road transport vehicle operator's own transport vehicles not less than 20 units;

    (B) the transport vehicles in conformity with the requirements of construction technology of the garbage truck and transport management (DB31/T398) requirement, greening the city administration, and installed in accordance with requirements of the turn signal, voice prompt device;

    (C) the number of transport vehicle drivers commensurate with the number of transport vehicles, and by relevant departments, traffic safety training;

    (D) transport vehicle drivers with at least 3 years experience of driving large vehicles, no bear full responsibility or primary responsibility for deaths caused by road traffic accidents;

    (E) have a sound business management and effective implementation of the system.

    City greening the city administration to the winning bidder should be issued by the transport units of construction waste sediment transport and engineering license.

    Bidding approach to transport units by the municipal greening the city administration in conjunction with the relevant departments separately.

    Eighth (construction unit determines the transport unit)

    Units of construction waste and construction waste (including buildings, demolition units, the same below), the project is located in the district (County) greening the city administration determine the area construction waste sediment transport and engineering unit, select a specific carrier unit.

    Nineth (absorptive place setting) The receiving place of construction waste and construction waste (hereinafter referred to as elimination on site), district (County) greening the city administration set up by the municipal greening the city administration and manpower balance.

    Absorptive sites shall meet the following conditions:

    (A), greening the city administration, in compliance with the requirements of electronic information devices;

    (B) machinery and equipment fit for the absorptive and lighting, fire protection facilities;

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

    (D) set up at the exit of vehicle washing areas, equipped with a transport vehicle washing cleaning facilities.

    Tenth (absorptive sites management)

    Dissolve the management units shall comply with the following provisions:

    (A) in accordance with the provisions of the receiving, piled up construction waste and construction waste, not receiving any other material;

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

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

    (Iv) receiving, meet the requirements of construction waste and construction waste, the transport unit construction waste and construction waste elimination and settlement documents;

    (E) to enter the Elimination on site transport vehicles, na waste construction waste and engineering records the number and summary data on a regular basis, report (s) to greening the city administration.

    11th (Elimination on site verification)

    Construction waste ditch or low-lying land, bang, beaches and other areas need to be backfilled waste construction waste and engineering sites, and other places receiving construction waste and construction waste, the unit can be located, district (County) greening the city administration set to dissolve places an application made, by the district (County) greening the city administration after verification is enabled.

    The district (County) greening the city administration should be assigned to eliminate places provided for in the preceding paragraph, to regulate the receiving construction waste and construction waste, construction waste and waste to comply with requirements for receiving, to the transport unit construction waste and construction waste elimination on settlement voucher.

    12th (tenders, the employer's requirements)

    Construction units in engineering bid or when the employer directly, in the tender documents and contract explicitly construction units at the construction site for construction waste and the requirement of engineered waste emissions and related measures.

    13th (shipping and handling fee) Construction unit at the time of preparation of construction project budget estimates, budget, specific expenses of construction waste and construction waste haulage and disposal costs, and before the issuance of construction waste and construction waste disposal licence application, deposit unit establishment of construction waste and specific accounts for construction waste transportation, disposal fees.

    Unit shipping and handling fees are not deposited in a special account; no issuance of construction waste and construction waste disposal permits.

    Construction waste and construction waste transportation, disposal subject to Government guided, by the municipal price control authorities and the city's green city administration departments.

    14th (transport, other disposal costs) Place of employer choose to dissolve, the construction unit shall dissolve a place between the absorptive disposal contract clearly satisfied that the amount of construction waste and construction waste disposal, negotiated the disposal fee.

    Place of employer choose to dissolve shall transport contract with the transport unit, clear construction waste and construction waste volume determined in consultation and in accordance with government guidance price transportation.

    Employer delegate transport place of choice to dissolve, and disposed of by the employer with the transport transportation contract, express transport, dispose of the amount of construction waste and construction waste, according to government guidance consultations to determine shipping and handling charges.

    15th (disposal Declaration) The construction unit shall at the time of construction or buildings or structures demolished before construction safety quality control procedures, to the project location area (s) greening the city administration applying for issuance of construction waste and construction waste disposal permits.

    Application for issuance of construction waste and construction waste disposal licence shall submit the following documents:

    (A) construction waste and construction waste disposal plan;

    (B) the transport of construction waste and construction waste disposal contracts, eliminate the disposal contract, contract of carriage.

    The preceding paragraph (a) of construction waste and construction waste disposal plans submitted shall include emissions of construction waste and construction waste, type, quantity, eliminate places etc; construction unit could not determine the place of absorptive, should apply for construction waste and construction waste elimination. The district (County) greening the city Administrative Department shall within 5 working days from the date of receipt of the application, to audit the construction waste and construction waste disposal matters. Meet the requirements of the disposal, construction waste and construction waste disposal permit issued by, and in accordance with the transport vehicle quantity dispensed to the relevant copy of the certificate of disposal; applications for absorptive sites submitted for construction units should be based on the principle of arrangement specified to dissolve places.

    Does not meet the requirements of the disposal, disposal not be issued certificate, and to inform the applicant in writing the reason.

    Disposal licence shall include the construction of units and transport construction company name, name, project name and location, duration of emission, to dissolve space, vehicle license plate number, shipping lines, shipping time and so on.

    Prohibited to alter, resell, lease, lend or transfer of disposal permits.

    16th (regulatory procedures required)

    Employer at the time of construction or building, demolition, construction safety and quality supervision procedures shall be made to the construction administration department or Administrative Department of housing submitted construction waste and construction waste disposal permits.

    17th (construction management) Construction units shall be equipped with on-site construction waste and construction waste discharge management, supervision specification for construction site construction waste and construction waste shipments to ensure that transport vehicles after rinsing off.

    On the construction site, construction waste and construction waste disposal in violation of regulations and supervision duty of construction site not, shall participate in the civilized construction site selection in the city.

    Transport unit shall arrange for supervision and management of construction site vehicles work, closed transport vehicles shipped according to construction site management requirements and cleaning work to ensure transport vehicles with electronic information devices such as normal and normal use of the equipment. Contractors found violations of the disposal of transport units, transport units should be required to immediately correct refuses to transport units, the construction unit shall immediately report to the greening the city administration.

    Greening the city administration after receiving the report of the construction unit, should be investigated to the construction site in a timely manner.

    18th (vessel transport specification)

    Transport construction waste and construction waste identification of the vessel should be unified, unified installation, using record route, time and eliminate places of electronic information devices, with the vessel carrying the disposal certificate and follow the traffic transport, public security and traffic departments under the line, time travel. Transport vehicles should be introduced for enclosed transport should be introduced for enclosed or covered transportation marine transportation.

    Construction waste and construction waste in transit may not leak, spilled, or flying.

    19th (relay terminal requirements)

    Construction waste and construction waste in transit terminals terminals shall be obtained a business license, equipped, greening the city administration, in line with the requirements of video surveillance systems, electronic information equipment and anti-pollution facilities and to the district (County) greening the city administration for the record.

    20th (eliminate settlement requirements)

    Transport units prior to shipment, the construction unit shall inform the project entrusted the construction unit with specific departure time seat of the district (County) greening the city administration, and construction waste and construction waste emissions, emissions, carrying number plates of vehicles or transport lines, eliminate places and other matters, were told to dissolve establishment where the district (County) greening the city administration and the Elimination on site management unit.

    Transport unit in accordance with the requirements of construction waste and works after the muck transport provisions to eliminate places, dissolve to the transport unit construction site management unit should be immediately garbage and construction sediment transport to dissolve settlement voucher.

    Transport units by virtue of the settlement documents to eliminate places where the district (County) greening the city Administrative Department for a shipping and handling charge, district (County) greening the city administration shall, within 2 days for verification, verified to meet the requirements of the notice be paid for by the employer.

    Transport units will be construction waste and works to dissolve the waste shipped to other provinces, district (County) greening the city administrative departments shall appoint a person or uses electronic information system for monitoring the whole process to ensure construction waste and construction waste in accordance with the provisions after the elimination, to the transport unit construction waste and construction waste transport to dissolve settlement voucher.

    21st (information systems)

    MGA sports Administrative Department shall, in conjunction with other relevant administrative departments to establish construction waste and engineering management information system for waste disposal, transport units, transportation vehicles, drivers, to dissolve space-related information as well as application, approval of construction waste and construction waste disposal information included in the information system.

    22nd (supervision)

    Municipal, district (County) greening the city Administrative Department shall, according to law enforcement personnel on construction waste and residue disposition of the implementation of the project supervision and inspection.

    When law enforcement officers to check, you should check the time, place, content and findings and make a written record.

    When law enforcement officers check shall show their certificates and related units and individuals shall not affect normal production and operation activities.

    23rd (complaints) Any unit or individual found construction debris and construction waste disposal in violation of the provisions on the circumstances, can contribute to the greening the city administrative department or the city law enforcement department complaints and reports.

    Greening the city administrative department or the city law enforcement department after receiving complaints and reports, should be dealt with within the prescribed time, and will inform complainants of the outcome.

    24th (Penal provisions)

    Violations of the provisions of this Act, provisions of laws and regulations, regulations on punishment, from its provisions.

    25th (General penalties for transport units)

    For transport units in violation of the provisions of the Act, by the city law enforcement department ordered corrective action and be punished in accordance with the following provisions:

    (A) in violation of the provisions of the seventh paragraph (b) provides that use of transport vehicles do not meet the requirements, between less than 2000 Yuan and 200 Yuan fines;

    (B) violation of the provisions of the 17th paragraph, not management specialists to the construction site, fined a maximum of between 1000 Yuan and 200 Yuan.

    26th (penalties for construction)

    Building in violation of the provisions of the Act, by the city law enforcement department ordered corrective action and be punished in accordance with the following provisions:

    (A) in violation of the provisions of article eighth, delegate, without the district (County) greening the city transport Administration Department of transportation units, fined a maximum of between 100,000 yuan and 10,000 yuan;

    (B) violation of the provisions of the fifth paragraph of the 15th article, alter, resell, lease, lend or transfer certificates of disposal, more than 5000 Yuan and fined a maximum of 50,000 yuan.

    27th (cancellation penalties na site management unit)

    Violation of the provisions of article tenth, eliminate management unit failed to comply with the relevant regulations of the place, by the city law enforcement department ordered corrective action and fined a maximum of 3000 Yuan and 30,000 yuan.

    28th (penalties for construction)

    Violation of the provisions of the 17th, the third paragraph of article, construction units were not equipped with management personnel management or were not reported to the management, the construction Administration Department ordered corrective action and penalty of between 1000 Yuan and 200 Yuan.

    29th (revocation of a permit for transport)

    Transport units have the following offences were punished more than 3 times in a certain period (3), by the municipal greening the city administration revoked its construction waste sediment transport and engineering license:

    (A) the implementation of closed or cover transport;

    (B) transport of vehicle overloading transport construction waste and construction waste;

    (C) transport units allowed to dump, stowage, disposal of construction waste and construction waste;

    (D) transport units carrying waste without obtaining the certificate of disposal of construction waste and engineering.

    Period referred to in the preceding paragraph, by the municipal greening the city administration under the management need to be defined and adjusted.

    Transport units allowed to dump, stowage, disposal of construction waste and construction waste or carrier without obtaining the certificate of disposal of construction waste and construction waste, if the circumstances are serious, by the municipal greening the city administration revoked its construction waste sediment transport and engineering license.

    The drivers of transport units of 3 or more deaths caused by road traffic accident occurred today, and take full responsibility or primary responsibility, by the municipal greening the city administration departments revoked the transport unit of construction waste sediment transport and engineering license.

    30th (administrative)

    The district (County) of green sports administration, district (County) City law enforcement department, one of the following acts, according to the terms of reference of the rectification by the superior administrative departments, criticized:

    (A) fails to comply with the requirements of the tender or increase the transport unit;

    (B) to find violations not corrective, investigated and dealt with according to law;

    (C) failing to perform their duties of supervision and management of the situation.

    The preceding paragraph, serious adverse effects, the persons directly responsible shall be given administrative sanctions.

    31st (violations committed by law enforcement officials to hold)

    Greening the city administration, the law enforcement departments and other relevant administrative staff of any of the following acts, directly by their work units or by the competent Department in charge of personnel and other persons directly responsible shall be given administrative sanctions, to constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) without statutory basis for law-enforcement or intentional violation of legal procedure;

    (B) the use of violence, threats, and other means of enforcement;

    (C) wilfully damage or break the rules of property damage to their clients;

    (D) of failing to investigate and punish the violations found;

    (E) abuse of power, dereliction of duty or engages in other activities.

    32nd (execution date) These provisions come into force on January 1, 2011. Published on January 11, 1992, the Shanghai Municipal People's Government, the 10th, December 14, 1997, the Shanghai Municipal People's Government amended and republished the 53rd of the Shanghai city construction waste and construction waste disposal regulations repealed simultaneously.