Guiyang Kitchen Waste Management Procedures (Trial Implementation)

Original Language Title: 贵阳市餐厨废弃物管理办法(试行)

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Guiyang kitchen waste management procedures (trial implementation)

    (May 23, 2013 Executive meeting of the Guiyang municipal people's Government on June 13, 2013, Guiyang municipal people's Government released 4th come into force on September 1, 2013) Chapter I General provisions

    First to strengthen the management of kitchen waste, ensuring food security and people's health, maintenance of city appearance and environmental sanitation, promotion of resource recycling, according to the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city of kitchen waste generation, collection, transportation, disposal and related supervisory activities shall abide by these measures.

    Third municipal city appearance and environmental sanitation administration authorities are responsible for the supervision of the city's kitchen waste management and coordination.

    Area (city, County) Department of city appearance and environmental sanitation administration in accordance with the functions and powers, responsible for the administration of kitchen waste in supervision and management and coordination.

    Development and reform, urban and rural planning, land, housing and urban-rural development, environmental protection, public health, quality supervision, industry and commerce, food and drug, agriculture, tourism, education, Commerce, transportation, public security and traffic management, pricing, financial and other administrative departments shall, in accordance with their respective responsibilities, supervision and management work of kitchen waste.

    Article fourth of kitchen waste management should follow the reduction, recycling and environmentally sound principles. The fifth article of any unit and individual have the right to report the acts in violation of these rules, complaints.

    Relevant administrative departments should promptly investigate and deal with the admissibility of reports, complaints, and process the results will inform the report, the complainant.

    Chapter II facilities planning and construction

    Sixth city appearance and environmental sanitation administration, competent authorities shall, jointly with relevant departments of the city for national economic and social development planning, urban planning, land-use planning, preparation containing contents of kitchen waste management environmental sanitation planning, overall arrangement of kitchen waste collection, transportation, disposal facilities, layout, scale.

    No unit or individual may unlawfully dining kitchen waste disposal facilities or change its use.

    Kitchen waste collection, disposal facilities shall comply with environmental planning.

    Seventh kitchen waste collection, disposal facilities, construction survey, design, construction, supervision and transport setting device, should strictly enforce the relevant laws and regulations and technical standards. Article eighth of kitchen waste collection, disposal facilities engineering construction approval shall go through the relevant formalities. After completion, the construction unit shall shall organize acceptance according to law to the local housing and urban-rural construction Administration Department for acceptance after filing procedures, acceptance for the record submitted to the seat of the Administrative Department of sanitation.

    Unqualified acceptance or acceptance shall not be delivered.

    Already built and running the kitchen waste collection, transportation, disposal facilities, the Department of city appearance and environmental sanitation administration in conjunction with the departments concerned to be harmless assessment, after reaching the standards, can be used.

    Nineth to encourage units and individuals to invest in kitchen waste collection, transportation, disposal facilities.

    Tenth kitchen waste collection, transportation, disposal facilities of property owners and managers should strengthen facilities management, maintenance, repair, and update, for its normal use.

    Chapter III of kitchen waste generation, collection, transport and disposal management

    Classification 11th kitchen waste delivery and specializing in the collection, transportation, disposal. Progressive introduction of kitchen waste collection, transportation and treatment of integrated operation.

    Do not have integrated operation condition of township (town) municipalities and villages of kitchen waste shall be handled in accordance with the provisions of this article fourth.

    12th kitchen waste collection, transportation and treatment practises the franchise fair competition through bidding, auction and established franchisees, the Department of city appearance and environmental sanitation Administration signed franchise contract with the winning bidder and bid to host the other examination and approval procedures in accordance with law.

    Kitchen wastes being legally obtained the franchise shall not engage in kitchen waste management collection, transportation, disposal activities.

    Shall obtain the kitchen waste collection, transportation, disposal, franchise operators, by the competent administrative Department of sanitation in the kitchen waste collection, transportation and treatment of the corporate directory, and announced to the public. 13th kitchen waste franchising contract expires, shall, in accordance with the relevant laws and regulations and these rules redefine the franchisee.

    Under the same conditions, the original franchisees will be given priority access to franchising.

    14th article has operating of meal kitchen waste produced units should since this approach implementation of day up 15th within, new established of meal kitchen waste produced units should since meal kitchen waste first produced of day up 10th within, and law made franchise right of meal kitchen waste collection, and transport, and disposal service operators signed agreement, and submitted location city sanitation administrative competent sector record; in to about administrative competent sector application handle related procedures Shi, should active show the agreement.

    Kitchen waste unit establishments changes shall promptly inform the kitchen waste collection, transportation and treatment of service providers, and where the report Department of city appearance and environmental sanitation administration.

    15th kitchen waste unit, shall comply with the following requirements:

    (A) complying with standard kitchen waste collection containers, oil-water separators or oil pools and other facilities, and keep closed and its surrounding environment clean and tidy;

    (B) to categorize kitchen waste and non-kitchen waste stored separately and shall not be arbitrarily dumped, piled up;

    (C) within 24 hours of the kitchen waste, referred to the signed agreements the kitchen waste collection, transportation and treatment of service providers to collect, transport, disposal, shall not be referred to was not lawfully obtained the franchise unit or individual collection, transport, disposal;

    (D) the kitchen waste must not be discharged into the water and sewers, rivers, lakes, reservoirs, ditches and toilets;

    (E) the laws and regulations of the other Act and the regulations.

    16th encourage the adoption of clean vegetables listed, to improve food processing technology and civilization at the table way, reduce the production of kitchen waste.

    17th for kitchen waste management collection, transportation services, subject to the following conditions:

    (A) have the status of enterprise legal persons with a registered capital of not less than 3 million Yuan;

    (B) the special collection for kitchen waste collection should be in closed containers, and has a separate collection of function;

    (C) food waste should be closed automatically unload vehicles for transport, can prevent spread of stench, anti-littering, leachate drip-proof features, installation and handling recorder;

    (D) sound technology, quality management, security and monitoring systems and strictly enforced;

    (E) the legally obtained business licenses, vehicle road transport certificates;

    (Vi) has a permanent Office and the machinery, equipment, parking places;

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

    18th for kitchen waste collection, transport operators, shall comply with the following requirements:

    (A) the kitchen waste with other municipal solid waste sorting collection and transport;

    (B) keep the kitchen waste collection, transportation vehicles and other facilities in good condition, clean and tidy, spraying uniform identification signs;

    (C) according to environmental standards and norms, within the specified time of collection, transportation, daily kitchen waste sites cleaned up kitchen waste at least once;

    (D) the time after collecting kitchen waste reduction and kitchen waste collection facilities, clean up the site and ensure the collection around the environment clean and tidy;

    (E) date of the collection of kitchen waste will be shipped to obtain food waste management disposal place licensing procedures, transport should not be dumped in, and throw it or pile it, transfer shall not be exposed during storage;

    (F) the 10th month collection, transport of kitchen waste last month source, quantity, treatment to cases submitted to the seat of the Administrative Department of sanitation, and obtain a receipt;

    (G) the laws and regulations of the other Act and the regulations.

    Article 19th of kitchen waste will be transported to disposal outside the administrative area of the city, kitchen waste collection, transportation service providers shall submit the seat of city appearance and environmental sanitation administration departments, and submit the following materials:

    (A) disposal disposal business license and the license file;

    (B) the disposal unit products meet quality standards or for treatment of supporting documents;

    (C) the location of the disposal unit Department of city appearance and environmental sanitation Administration agreed to receive proof of disposal.

    Not filing in accordance with the provisions of the preceding paragraph shall not kitchen waste destined for disposal outside the administrative area of the city.

    Article 20th kitchen waste management disposal services subject to the following conditions:

    (A) have the status of enterprise legal persons, size of less than 100 tons/day, the registered capital of no less than 5 million Yuan scale greater than 100 tons/day, the registered capital of no less than RMB 50 million Yuan;

    (B) the site comply with town and country planning, land use planning, and legally obtained appropriate consent procedures;

    (C) equipped with kitchen waste storage and treatment facility, equipment, facilities, equipment, and the technology employed in line with national technical standards and specifications, the provincial, install online monitoring systems and networked with the departments of city appearance and environmental sanitation administration;

    (D) meet the requirements of the national technical staff;

    (E) with a viable food waste waste water, waste gas, waste treatment technology and standards programme;

    (F) has a sound operation, device management, environmental monitoring and protection, workplace safety, statistics, financial management and other management systems and strictly enforced;

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

    Using new technology, new equipment, shall, in accordance with regulations of technical demonstration.

    21st kitchen waste disposal operators, shall comply with the following requirements:

    (A) in accordance with the time and requirements for receiving food waste, and to receive, the disposal of kitchen waste daily measure, last month, and before the 10th of each month will receive, disposal kitchen waste statistics submitted to the seat of the Administrative Department of sanitation;

    (B) strictly in accordance with the relevant regulations and technical standards for the disposal of kitchen waste;

    (C) in accordance with regulations produced during disposal of sewage, waste gas and waste residue, dust and so on, to prevent secondary pollution;

    (D) keep kitchen waste disposal sites (stations) clean environment;

    (E) in accordance with the requirements for environmental effects monitoring, for kitchen waste disposal facilities and environmental indicators to detect, evaluate, and report to the local administrative Department of sanitation inspection, evaluation results;

    (F) the laws and regulations of the other Act and the regulations.

    22nd prohibits the following acts:

    (A) with kitchen waste as raw materials production and processing of food;

    (B) waste edible oils either directly or after processing as an edible oil sales;

    (C) use harmless treatment of food waste to feed livestock and poultry;

    (D) the foodservice operators buy kitchen waste as raw material, the use of processed food oils;

    (E) other prohibited acts stipulated by laws, rules and regulations.

    23rd kitchen waste generation, collection, transport, disposal of a single Union system and collection, transport, disposal, use of kitchen waste as raw materials to produce products to machine account system, not fraud. 24th of kitchen waste collection, transportation and disposal services without approval, are not allowed to go out of business, and business.

    Absolutely necessary to close for business shall be closed within the first 6 months, 3 months before the shutdown, written by law submitted to the municipal city appearance and environmental sanitation administrative departments and approved by the Administrative Department of environmental protection, and to take measures to combat pollution of the environment.

    Request kitchen waste collection, transportation and disposal services out of business, closing, shall submit the following materials:

    (A) the written application;

    (B) the facility ownership proof;

    (C) loss of function or functions are replaced by other supporting documents;

    (D) programmes to prevent environmental pollution;

    (E) the proposed closure, closed facilities map or dismantling and maintenance programmes;

    (F) the proposed new facility design;

    (VII) for the implementation of urban planning needs closure, closure or removal of, should also provide rural and urban planning, housing and urban-rural construction administrative departments of the related approval documents;

    (VIII) technical standard or specification changes from country to country needs upgrades, maintenance, shall provide appropriate evidence and relevant documents of ratification.

    25th city appearance and environmental sanitation administration authorities shall delegate body with metrological certification, food waste disposal sites on a regular basis (stations) monitoring the quantity, quality and environmental impact of disposal.

    The fourth chapter functions of supervision

    Article 26th city and area (city, County) people's Governments shall establish and improve the system of market supervision and management system for edible oil and food and, to prevent food waste as raw materials production and processing of products into the food production business segment.

    27th article development and reform, urban and rural planning, land, housing and urban-rural construction administrative departments shall, in accordance with their respective responsibilities, the kitchen waste collection, disposal construction project in strict accordance with the approvals, approval or acceptance for the record to ensure that food waste collection, disposal facilities built and delivered in accordance with law.

    28th article Department of city appearance and environmental sanitation administration shall perform the following duties:

    (A) establishing and perfecting food waste generation, collection, transportation and treatment of common information platform and work mechanism, strengthened and the relevant administrative departments of kitchen waste and regulatory information communication;

    (B) generating units and kitchen waste collection, transportation and treatment of service providers conduct supervision and inspection of the implementation of this approach to inform the food waste disposal;

    (C) in conjunction with the relevant departments of kitchen waste collection, transportation and treatment of emergency plan, establish emergency response system to ensure that urgent or exceptional circumstances can the normal collection, transport, disposal kitchen waste;

    (D) establishment of kitchen waste, collection, transportation, disposal, remote digital management platform, kitchen waste, collection, transportation, disposal of real-time monitoring;

    (V) unit of kitchen waste kitchen waste and kitchen waste collection, transportation and treatment of operators business into enterprise management.

    29th environmental protection administrative department responsible for kitchen waste, collection, transportation, storage, disposal, pollution prevention activities such as exercise unified supervision and management and other relevant work of kitchen waste disposal.

    30th the health Administrative Department shall coordinate with comprehensive coordination of work on food safety, enhancing the safety of edible oil risk monitoring.

    31st quality technology supervision and management departments should strengthen the enterprise with kitchen waste as raw product quality, standards of supervision and administration; to investigate and punish the use of kitchen waste oils make food processing violations.

    32nd industrial and commercial administrative departments should strengthen the supervision of the circulation management of edible oil, shall investigate and handle waste edible oils either directly or after processing into circulation as violations of the edible oil sales.

    33rd food and drug supervision and management departments should strengthen supervision and management of catering enterprises, oversee catering services companies establish edible oil purchase inspection and cable card ticket system shall investigate and handle food and beverage service purchased, using waste edible oil and informal source of edible oil in violation.

    Article 34th agricultural duties for the Executive Department shall strengthen the supervision and management of food waste as feed for livestock and poultry, to investigate and punish using harmless treatment of kitchen wastes feeds of animal behavior.

    35th tour, educational administrative departments shall, in accordance with responsibilities and strengthen the tourist (dot) hotels, restaurants, restaurant operators, and supervision and management of school canteens, urged the resulting kitchen waste under this approach the collection, transportation and disposal.

    Article 36th Department of business administration should lead to urge food service enterprise and shall obtain the franchising of kitchen waste collection, transportation and disposal services operators signed an agreement and strict implementation of the relevant provisions of this approach; strengthen the pig slaughter in the slaughtering of enterprise supervision and administration of inedible residues of animal fats.

    37th transport traffic administrative departments should strengthen supervision of road transport activities of kitchen waste, by relating to road transport authority to investigate and punish violations.

    38th public security organ responsible for relevant departments to carry out food safety supervision and inspection, public security traffic administrative departments should strengthen the kitchen waste transport vehicles for road traffic safety management, to investigate and punish violations.

    39th pricing departments should be in a reasonable allocation of resources and ensure that under the premise of public interest, according to their operating costs and average costs, taking into account the franchisee a reasonable profit, determine the kitchen waste collection, transportation, disposal prices or fees.

    40th Finance Department financial commitment required for kitchen waste management should be added to the financial budgets, assurance on the management of public utilities into the kitchen waste collection, transportation, construction and operation of disposal facilities as normal. Kitchen waste collection, transportation and treatment costs in the municipal solid waste treatment fees were charged to shortfall by municipal and district (city, County) proper subsidies by the two-level financial departments.

    The specific methods and criteria for the municipal finance, price control authorities and the departments of municipal city appearance and environmental sanitation administration developed and submitted to the municipal people's Government for approval.

   41st city appearance and environmental sanitation administration authorities and other relevant administrative departments when conducting supervision and inspection, and the right to take the following measures:

   (A) consult, copy the relevant files and data;

   (Ii) are checked for units and individuals were asked to note on this issue;

   (C) access to the site to conduct;

    (D) order the units and individuals to correct violations.

    Relevant units and individuals shall support and cooperation, provide convenient to accept supervision and inspection shall not hinder or obstruct the supervising personnel performing official business according to law.

    Industry associations should play a 42nd restaurant service industry self-regulatory role, participate in accordance with the provisions in the relevant standards, standard industry code of conduct.

    Article 43rd kitchen waste collection, transportation and treatment of emergency service operators should develop a kitchen waste pollution prevention plan, and submitted to the seat of the Administrative Department of sanitation for the record.

    Chapter fifth penalty

    44th article in violation of the measures set forth in the tenth, 12th, any of the following acts, the city appearance and environmental sanitation administration authorities shall order immediate rectification, Guizhou province, and in accordance with the 36th article of municipal utilities franchising management regulations shall be punished:

    (A) the kitchen waste collection, transportation, disposal facilities, property owners or management fails to perform facility maintenance, repair or updating obligation does not guarantee its normal use;

    (B) food waste being legally obtained franchises or beyond the scope stipulated in the concession contract in the kitchen waste collection, transportation and disposal activities.

    45th kitchen waste in violation of the way circumstances as provided in the 15th, the Department of city appearance and environmental sanitation administration a rectification, rectification fails, business units more than 5000 Yuan and 10,000 yuan fine, the penalty of non-operational unit of 1000 Yuan.

    Article 46th kitchen waste collection, transport operators disobey the 18th paragraph (a) to (d) and (f), 19th and circumstances as provided in the second paragraph of article, the Department of city appearance and environmental sanitation administration rectification and fined 5000 Yuan and 30,000 yuan fine.

    Disobey the 18th paragraph (e) provides that casual dumping, spilling during transport or pile of kitchen waste, the Department of city appearance and environmental sanitation administration in accordance with the People's Republic of China Law on prevention and control of environmental pollution by solid waste related provisions of 74th will be punished.

    47th article violates these measures stipulated in the 21st and 24th, any of the following acts, in accordance with the municipal solid waste management of the 45th, 46th, shall be punished:

    (A) is not in accordance with the time and requirements for receiving food waste, or not to receive, measure the disposal of kitchen waste daily, or fails to submit statistics on a regular basis where departments of city appearance and environmental sanitation administration;

    (B) is not in strict accordance with the relevant regulations and technical standards for the disposal of kitchen waste;

    (C) failing during the treatment and disposal of sewage, waste gas and waste residue, dust;

    (D) does not keep kitchen waste disposal sites (stations) clean environment;

    (E) is not in accordance with the requirements for environmental effects monitoring, or not for kitchen waste disposal facilities and environmental protection indicators for testing, evaluation, or not report to the local administrative Department of sanitation inspection, evaluation results;

    (F) the kitchen waste collection, transportation, disposal service operator without approval, go out of business or out of business.

    48th article violation this approach 22nd article subsection (a) items, and subsection (four) items provides, to meal kitchen waste for raw materials production processing food, or catering service operators purchase, and using to meal kitchen waste for raw materials processing of food oil of, by quality technology supervision management sector or food drug supervision management sector according to People's Republic of China food security method 85th article, and 86th article of provides be punishment.

    Violation of this article 22nd (b) provides that waste edible fats or processed directly as sales of edible oils, industrial and commercial administrative circulation link food safety supervision and management departments in accordance with the relevant provisions of the measures will be punished.

    Violations of this article 22nd (c) States, using harmless treatment of food waste to feed livestock, the Department of agriculture administration under the feed and feed additives, relevant provisions of the regulations will be punished.

    49th disobey article 23rd, kitchen waste collection, transportation and treatment of service providers without the implementation of a single system and machine account system or the fraud, the Department of city appearance and environmental sanitation administration a rectification, fined a maximum of 5000 Yuan and 30,000 yuan.

    50th other acts in violation of these rules, laws, regulations, rules and other administrative penalties, from its provisions.

    Violation of these rules constitutes a crime, criminal responsibility shall be investigated according to law.

    51st city appearance and environmental sanitation Administration Department and other relevant departments and their staff, one of the following acts, does not constitute a crime, by someone with administrative rights department ordered corrective action and to their supervisors and persons in accordance with the relevant provisions of administrative sanctions:

    (A) the violation under the terms of reference and procedures issued by the kitchen waste collection, transportation and disposal services franchise licenses;

    (B) failing to perform their duties of supervision and administration;

(C) violation is found or received illegal reports, complaints, have not been investigated;

    (D) other acts of abuse of power, negligence, malpractice.

    The sixth chapter supplementary articles

    52nd herein, the following terms mean:

    (A) "food waste" refers to food processing except for the residents ' daily life, food service, collective activities such as feeding the food residues and waste edible oils and other waste;

    (B) "waste edible oils" refers to an edible part of animal and vegetable fats and oil-water mixtures;

    (C) "single system" refers to the kitchen waste, collection, transportation, disposal is filled in five single-specific documents, respectively, by the generation, collection, transportation and treatment units and departments of city appearance and environmental sanitation Administration holds one of the system;

    (D) "machine account system" refers to the kitchen waste generation, collection, transport, disposal of units every day should be true, complete and detailed record of kitchen waste type, quantity, destination, use of information systems. 53rd these measures shall come into force on September 1, 2013.

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