Administrative Measures for Urban Living Garbage (2015 Amendment Version)

Administrative Measures for Urban Living Garbage (2015 Amendment Version) Administrative Measures for Urban Living Garbage (Issued by Order No.157 of the Ministry of Construction on April 28, 2007, and effective as of July 1, 2007; amended in accordance with the Decision of the Ministry of Housing and Urban-Rural Development on Amending the Provisions on the Administration of the Qualifications of Real Estate Development Enterprises and Other Departmental Rules by Order No.24 of the Ministry of Housing and Urban-Rural Development on May 4, 2015) Chapter I General Provisions Article 1 For the purposes of strengthening the administration of urban living garbage and improving the city appearance and environmental sanitation, these Measures are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes , the Regulation on the Administration of City Appearance and Environmental Sanitation and other laws and administrative regulations. Article 2 These Measures shall apply to the clearing, collection, transport, disposal of urban living garbage and the relevant administrative activities within the territory of the People Republic of China. Article 3 The principles of minimization, reclamation and environmentally friendly treatment and that whoever produces garbage shall bear the responsibility for the disposal thereof shall be observed in the control of urban living garbage. The state shall adopt economic and technological policies and measures which are helpful to the comprehensive utilization of urban living garbage, enhance the scientific and technological level of control of urban living garbage and encourage the full recovery and reasonable utilization of urban living garbage. Article 4 The entities and individuals producing urban living garbage shall pay fees for the disposal thereof according to the criterions determined by urban people's government on garbage disposal fees and other relevant provisions. The urban garbage disposal fees shall be exclusively used for the collection, transport and disposal of urban living garbage and are strictly forbidden to be used for any other purpose. Article 5 The construction administrative department of the State Council shall be responsible for the administration of urban living garbage throughout the country. The construction administrative department of the people's government of each province or autonomous region shall be responsible for the administration of urban living garbage within its administrative area. The construction (environmental sanitation) administrative department of the people's government of a municipality directly under the Central Government, of a city or a county, shall be responsible for the administration of urban living garbage within its administrative area. Article 6 Any entity or individual shall comply with the relevant provisions on the administration of urban living garbage and may expose and charge against any entity or individual in violation of these Measures. Chapter II Control Planning and Facilities Construction Article 7 The construction (environmental sanitation) administrative department of the people's government of a municipality directly under the Central Government, of a city or of a county, shall, jointly with the relevant departments such as the city planning department, work out a plan on the control of urban living garbage and uniformly arrange the distribution of, land to be used for and scale of facilities for the collection and disposal of urban living garbage. The opinions of the general public shall be widely consulted in the formulation of a plan on the control of urban living garbage. Article 8 The land to be used for the facilities of collection and disposal of urban living garbage shall be integrated into the urban yellow line protection range. No entity or individual may illegally occupy it or change its purpose of use. Article 9 The construction of facilities of collection and disposal of urban living garbage shall be in line with the urban living garbage control plan and the pertinent national technical standards. Article 10 An entity engaging in the development of a new area, rebuilding of an old area or construction and development of a residential area, or the business management entity of an airport, port, station, store or of any other public facilities or place prepare facilities for the collection of urban living garbage under the urban living garbage control plan and the criterions on the setup of environmental sanitation facilities. Article 11 The relevant laws, regulations and technical standards of the state shall be strictly followed in the survey, design, construction and supervision of construction of projects of facilities for the collection and disposal of urban living garbage. Article 12 After the completion of a project of construction of facilities for the collection or disposal of urban living garbage, the construction entity shall organize a completion-based check and shall, within 3 month thereafter, submit to the construction project archives to the construction administrative department and the environmental sanitation administrative department of the local people's government. If no completion-based check is made for the project or if the project fails to pass the check, it shall not be delivered for use. Article 13 No entity or individual may illicitly close down or dismantle any facilities or site for the disposal of urban living garbage or leave them idle. If it is really necessary to do so, such entity or individual shall be subject to the examination and approval of the construction (environmental sanitation) administrative department of the local people's government at the county level or above and shall take measures to prevent environmental pollution. Article 14 An applicant shall submit the following materials if it (he) applies for closing down or dismantling any facilities or site for the disposal of urban living garbage or leaving them idle: 1. A written application; 2. The ownership certification materials; 3. A certification for its loss of functions or for the replacement of its functions by other facilities; 4. A plan on the prevention of environmental pollution; 5. A drawing of the present state of and a plan on the dismantlement of the facilities to be closed down, to be left idle or to be dismantled; 6. A design map of the new facilities to be built; 7. For any facilities to be left idle, be closed down or dismantled due to the execution of a city plan, the approval documents of the planning and construction administrative department shall be provided as well. Chapter III Clearing, Collection and Transport Article 15 Classified dumping, collection and transport of urban living garbage shall be gradually realized. The detailed measures shall be formulated by the construction (environmental sanitation) administrative department of the people's government of a municipality directly under the Central Government, or of a county, according to the national standards and the local actual situation. Article 16 An entity or individual shall, according to the prescribed place and time, dump the living garbage to the garbage containers or collection place as designated. The waste furniture and other large pieces of garbage shall, at the prescribed time, be put in the collection place as designated. For an area for the classified collection of urban living garbage, the entities and individuals shall, according to the classification requirements as prescribed, put the living garbage into the corresponding garbage bag and then put it into the designated garbage container or collection place. Hotels, restaurants, government organs, universities, colleges and other entities shall, under the relevant provisions, separately collect and keep the kitchen garbage produced by themselves and deliver such garbage to an enterprise of collection and transport of urban living garbage, which satisfies the requirements of these Measures, for transport to prescribed place of disposal of urban living garbage. It is forbidden to dump, throw, spill or pile up urban living garbage at will. Article 17 An enterprise engaging in commercial clearing, collection and transport of urban living garbage shall obtain a license for the commercial service of clearing, collection and transport of urban living garbage. Any enterprise failing to obtain a license for the commercial service of clearing, collection and transport of urban living garbage shall not engage in activities of clearing, collection and transport of urban living garbage. Article 18 The construction (environmental sanitation) administrative department of a municipality directly under the Central Government, or of a city or county, shall, by way of bid tendering or any other fair competition means, make a licensing decision about the commercial service of clearing, collection and transport of urban living garbage and issue to the bid-winner a service of commercial clearing, collection and transport of urban living garbage. The construction (environmental sanitation) administrative department of a municipality directly under the Central Government, or of a city or county, shall sign with the bid-winner an agreement on the business of clearing, collection and transport of urban living garbage. The agreement on the business of clearing, collection and transport of urban living garbage shall state the time limit, service standards and other items and shall serve as an attachment to the license for the service of clearing, collection and transport of urban living garbage. Article 19 An en......