Provisions on the Administration of Urban Construction Garbage

Provisions on the Administration of Urban Construction Garbage Order of the Ministry of Construction (No.139) The Provisions on the Administration of Urban Construction Garbage, which were adopted at the 53rd executive meeting of the Ministry of Construction upon deliberation, are hereby promulgated and shall come into force as of June 1, 2005. Minister of Construction Wang Guangtao March 23, 2005 Provisions on the Administration of Urban Construction Garbage Article 1 The present Provisions 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 Regulations on the Administration of City Appearance and Environmental Sanitation and the Decision of the State Council on Adopting the Form of Administrative Licensing to Matters that Need to Remain Subject to Administrative Examination and Approval for the purpose of intensifying the administration of urban construction garbage and ensure the city appearance and environmental sanitation. Article 2 The present Provisions are applicable to such disposal activities as the dumping, transportation, transfer, backfilling, storage for disposal and utilization of construction garbage within urban planning areas. The “construction garbage” as mentioned in the present Provisions refers to the waste earth, materials or other wastes as produced in the course of newly constructing, reconstructing and removing all kinds of buildings, structures and pipelines by construction entities and those entities undertaking constructions or as produced in the course of decorating and renovating houses by inhabitants. Article 3 The administrative department of construction of the State Council shall take charge of the administration of urban construction garbage throughout the countries. The administrative department of construction of provinces and autonomous regions shall take charge of the administration of urban construction garbage within the administrative divisions thereof. The administrative department of city appearance and environmental sanitation of municipal people's governments shall take charge of the administration of construction garbage within the administrative divisions thereof. Article 4 The principles of minimization, utilization and environmentally sound treatment and that whoever produces garbage shall bear the disposal responsibility thereof shall be carried out in the disposal of urban construction garbage. The state encourages the comprehensive utilization of urban construction garbage and encourages the construction entities and entities undertaking constructions to give priority to those products as produced through the comprehensive utilization of urban construction garbage. Article 5 The establishment of the facilities for urban construction garbage disposal and comprehensive utilization shall be included into the special planning for city appearance and environmental sanitation of the municipality. Article 6 The administrative department of city appearance and environmental sanitation of the municipal people's government shall, according to the urban project construction progress, formulate a disposal plan for urban construction garbage so as to arrange those construction garbage of all kinds of construction projects that requires backfilling in a reasonable manner. Article 7 A construction garbage disposal entity shall file an application to the administrative department of city appearance and environmental sanitation of the municipal people's government and may not carry out any disposal until it obtains the approval for urban construction garbage disposal thereafter. The administrative department of city appearance and environmental sanitation of the municipal people's government shall, within 20 days as of acceptance of an application, make a decision on whether or not to approve it. For those obtain ......