|
Order of the Shenzhen People' s Government
|
|
(No.
70, Issued on April 3, 1998) |
|
|
|
Measures of the Shenzhen
Special Economic Zone on Management of Refuse and Clay Residue was
deliberated and adopted at the Eighty-Ninth Executive Meeting of
the Shenzhen People' s Government
of the Second Term on January
14, 1998, and it is now promulgated and shall take effect as of
the
date of promulgation. |
|
|
|
Measures of the Shenzhen Special
Economic Zone
|
|
on Management of the Refuse and
Clay Residue
|
|
|
|
Chapter I General
Provision
|
|
|
|
Article 1 In order to
strengthen management of the refuse and clay residue in the
Shenzhen Special Economic
Zone, maintain the environmental
sanitation of the city, these measures are hereby formulated in
accordance with the related law, regulations, and in the light
of specific conditions. |
|
|
|
Article 2 The
refuse and clay residue referred to in these measures shall mean
the construction waste and
clay residue brought about by
construction projects, repair and renovation projects. |
|
All units and individuals engaged in dumping, shipping,
receiving, and disposing of the refuse and clay residue within
the Shenzhen Special Economic Zone (hereinafter referred to as
the Special Zone) shall abide by
these measures. |
|
|
|
Article 3 Management
of the refuse and clay residue shall be conducted at two
levels---the municipal and district
levels. |
|
The administrative department of environmental sanitation
of the municipal people' s government (hereinafter referred
to
as the municipal department of environmental sanitation) shall
be responsible for management
of the refuse and clay residue in
the whole city. The administrative department of environmental
sanitation of a district people' s government (herein after
referred to as the district department of environmental
sanitation) shall be responsible for management of the refuse
and clay residue within its own jurisdiction. |
|
The administrative offices for professional management of
the refuse and clay residue established by the municipal,
district departments of environmental sanitation (hereinafter
referred to as the administrative
offices) shall be responsible
for daily management of the refuse and clay residue in
accordance
with their division of functions. |
|
|
|
Article 4 The
main duties of the municipal department of environmental
sanitation in management of the refuse
and clay residue shall be
as follows: |
|
(1)
formulating specific measures for implementation of
management of refuse and clay residue, and organizing their
enforcement; |
|
(2)
directing, coordinating, supervising, and examining
management of the refuse and clay residue of various districts; |
|
(3)
examining and approving the municipal projects'
application for dumping and shipping of the refuse and clay
residue; |
|
(4)
examining the resources of the units and individual
operators engaged in professional shipping of the refuse and
clay residue; |
|
(5)
conducting unified management of the refuse and clay
residue receiving fields; |
|
(6)
cleaning the refuse and clay residue with no person to be
held responsible on the municipal roads not handed over
yet and
within the limits of predetermined government-reserved land. |
|
The
main duties of a district department of environmental sanitation
in management |
|
of
the refuse and clay residue shall be as follows: |
|
(1)
examining and approving the application of the district
projects and the repair and renovation projects within its
jurisdiction for dumping and shipping of the refuse and clay
residue; |
|
(2)
cleaning the refuse and clay residue with no person to be
held responsible on the municipal roads within its jurisdiction
and in residential quarters. |
|
|
|
Article 5 The
departments of public security, land planning, construction, |
|
environmental
protection, etc., shall assist the departments of environmental
sanitation in managements
of the refuse and clay residue. |
|
|
|
Chapter II Management of
Dumping and Shipping
|
|
|
|
Article 6 If a construction
project needs to dump the refuse and clay residue, the unit in
charge of construction
or the unit undertaking construction
shall bring the permit for starting construction and the budget
for the project to the municipal or district administrative
office before starting construction to apply for
approving its
plan to dump the refuse and clay residue, and report accurately
the sorts, quantities,
etc., of the refuse and clay residue. If
there is no budget for the project, the quantity verified on the
site shall be taken as a basis to be counted on. |
|
The municipal, district administrative offices shall,
within 3 business days from the date of receiving reported
documents for application, verify the quantity and sorts of the
refuse and clay residue to be dumped,
and allow dumping if the
road base at the exit of the construction site are hard enough
to meet
the standard and washing devices are available. |
|
|
|
Article 7 If
any unit needs to dump the refuse and clay residue because of
repair and renovation projects,
the unit in charge of
construction or the unit undertaking construction shall apply to
the district
administrative office of the locality for dumping. |
|
If any resident needs to dump the refuse and clay residue
because of repairing and renovating of a house, the owner
or the
management agency of residential village (the management agency
of property) shall apply
to the district administrative office
for dumping. |
|
The district administrative office shall examine and
approve dumping within 3 business days from the date of
receiving reported documents for application. |
|
|
|
Article 8 The
units and individuals engaged in shipping the refuse and clay
residue shall apply for Shipping
Permit, a vehicle without Shipping
Permit shall not be allowed to ship the refuse and clay
residue. |
|
Shipping Permit shall
not be loaned, transferred, altered, forged. |
|
|
|
Article 9 In
case of shipping the refuse and clay residue on one' s own, the
administrative office shall examine
the shipping conditions of
the self-provided vehicle at the same time when processing the
application
for Shipping
Permit. |
|
In case of entrusting others with shipping, the entrusted
shipping unit or individual shall have Qualifications
Certificate, and bring the following documents to the
administrative office to apply for Shipping
Permit: |
|
(1)
Qualifications
Certificate; |
|
(2)
the contract for shipping or other related documents. |
|
|
|
Article 10 The
administrative office shall issue Shipping
Permit to those who |
|
have
met the conditions. Shipping
Permit shall indicate the dumping unit, shipping operator
and designated routes for shipping, shipping schedule and
receiving field. |
|
|
|
Article 11 The
units and individual operators engaged in professional shipping
of the refuse and clay residue
shall file an application to the
municipal administrative office, the municipal administrative
office shall examine qualifications and issue Qualifications
Certificate to qualifiers. The municipal administrative
office shall examine the qualifications of units or individual
operators engaged in professional shipping of the refuse and
clay residue every year. |
|
The conditions for issuance of Qualifications
Certificate and annual examination shall be decided by the
municipal department of environmental sanitation. |
|
|
|
Article 12 When
a vehicle shipping the refuse and clay residue is leaving a
construction site, the unit in
charge of construction or the
unit undertaking construction shall wash the body of vehicle and
keep the vehicle clean. |
|
|
|
Article 13 Any
person to ship the refuse and clay residue shall bring Shipping
Permit in the vehicle. |
|
Any vehicle to ship the refuse and clay residue shall
follow the designated routes and schedule. The load shall be
appropriate, the top of the vehicle shall be covered by a
tarpaulin to prevent the refuse and clay
residue from spilling
and leaking, flying and scattering, or the other measures shall
be taken
for the same purpose. |
|
|
|
Article 14 It
shall be forbidden for any unit and individual to dump the
refuse and clay residue mixed together
with consumer waste and
other wastes; it shall be forbidden to dump the refuse and clay
in public
places such as roads, bridges, river banks, ditches
and canals, green belts, etc., and other undesignated places. |
|
|
|
Article 15 The
cost for cleaning the refuse and clay residue with no person to
be held responsible shall be
paid by the municipal, district
finance departments according to the actual expenses. |
|
|
|
Chapter III Management
of Receiving and Disposing
|
|
|
|
Article 16 The municipal
administrative department of land planning shall be responsible
for unified planning
of regular receiving fields for the refuse
and clay residue, and the municipal department of environmental
sanitation shall be responsible for unified construction and
management of these fields. Any unit or
individual shall not
occupy the receiving fields. |
|
|
|
Article 17 If
a unit wants to receive refuse and clay residue from outside
because of the needs of construction,
it shall bring the
certificate of land use and the unit certificate to the
municipal administrative
office to apply and go through the
formalities to open a temporary receiving field. |
|
|
|
Article 18 After
a vehicle shipping the refuse and clay residue has entered a
receiving field, it shall obey
the instruction of the managerial
personnel of the receiving field, and unload according to the
requirements. |
|
|
|
Article 19 The
managerial unit of a receiving field shall keep the field and
facilities in good condition,
maintain a clean environment, and
it shall not receive consumer waste and other wastes. |
|
When a shipping vehicle is leaving a receiving field, the
managerial unit of the receiving field shall take effective
measures to keep the vehicle clean. |
|
|
|
Article 20 The
municipal administrative office shall collect non-gratuitous
disposal fees from units and individuals
dumping the refuse and
clay residue at a regular receiving field. The specific rates
for such charge
shall be decided by the municipal administrative
department of prices. |
|
|
|
Chapter IV Legal
Liabilities
|
|
|
|
Article 21 The acts in
violation of these measures shall be punished by the departments
of environmental sanitation
in accordance with the following
rules: |
|
(1)
in case of dumping the refuse and clay residue without
authorization in violation of Articles 6, 7 of these measures,
stop of dumping shall be ordered, a deadline shall be set for
complying with the formalities for
dumping, and a fine of 2,000
RMB shall also be imposed; |
|
(2)
in case of shipping the refuse and clay residue without
authorization in violation of Article 8 of these measures,
immediate stop of shipping shall be ordered, and a fine of 200
RMB per cubic meter shall also be
imposed; |
|
(3)
in case of polluting roads in violation of Article 12 of
these measures, cleaning by a deadline shall be ordered,
and a
fine of less than 2,000 RMB shall also be imposed; |
|
(4)
in case of failing to follow the designated routes or
schedule to ship the refuse and clay residue in violation of
Article 13 of these measures, a fine of 200 RMB per
vehicle-time; in case of polluting roads, cleaning
by a deadline
shall be ordered , and a fine of less than 2,000 RMB shall also
be imposed, if the
case is serious, Shipping
Permit shall be suspended; |
|
(5)
in case of dumping the refuse and clay residue in an
undesignated place in violation of Article 14 of these measures,
immediate cleaning shall be ordered, and a fine of 2,000 RMB per
cubic meter shall also be imposed; |
|
(6)
in case of receiving the refuse and clay residue without
going through the formalities to open a receiving field
in
violation of Article 17 of these measures, immediate stop of
receiving shall be ordered, and
a fine of 1,000 RMB shall also
be imposed; in case of having met the condition for receiving,
making
up the formalities shall be ordered. |
|
|
|
Article 22 The
municipal, district departments of environmental sanitation
shall |
|
not
impose double punishments for the same illegal act. |
|
|
|
Article 23 If
the party concerned has refused to accept an administrative
punishment imposed by the district
or municipal department of
environmental sanitation, an application for review may be filed
to
the municipal department of environmental sanitation or the
administrative review office of the municipal government
within
15 days from the date receiving the notice on the administrative
punishment decision; if
the review decision has been refused to
accept, legal action may be taken at the people' s court within
15 days from the date of receiving the review decision notice.
The party concerned may also take legal
action directly at the
people' s court. In case of failing either to apply for review
by a deadline
or to take legal action at the people' s court,
and refusing to implement the punishment decision at the same
time, the department responsible for making the punishment
decision shall apply to the people' s
court for enforcement
according to law. |
|
|
|
Chapter V Supplementary
Provision
|
|
|
|
Article 24 The various
district administrative offices shall be responsible for
management of the refuse and
clay residue in Baoan District and
Longgang District, and such management shall be carried out in
accordance with these measures. |
|
|
|
Article 25 The
municipal projects referred to in these measures shall mean the
projects examined and approved
by the municipal administrative
department of construction; the district projects referred to in
these measures shall mean the projects examined and approved by
a district administrative department of construction. |
|
|
|
Article 26 These
measures shall take effect as of the date of promulgation. |
