Laws of the Guangdong Province

Rules of Shenzhen Municipality on Collection and Use of Urban Household Waste Treatment Fee

 (Adopted at the 34th Executive Meeting of the 4th Shenzhen Municipal People' s Government on October 17, 2006; Promulgated by Decree No.158 of Shenzhen Municipal People' s Government on January 1, 2007.)

Article 1 In order to enhance the treatment quality of urban household waste; improve environment of the city, construct a resource-conserving and environment-friendly city, promote the development of recycling economy, these Rules are hereby enacted in accordance with such relevant laws and rules as Regulations of Shenzhen Special Economic Zone on the Promotion of Recycling Economy, and in the light of the practical conditions of Shenzhen municipality.

Article 2 All the State' s organs, enterprise and public institutions, other organizations and residents shall, in accordance with these Rules, pay treatment fee of urban household waste (hereinafter referred to as treatment fee of waste).  

Urban household waste mentioned in these Rules refers to the solid waste generated from daily life of urban units and residents, or from services provided to urban daily life, as well as the solid waste that is regarded as urban household waste according to the provisions of laws and administrative regulations.

   The treatment fee mentioned in these Rules means the fees paid for the treatment of urban household waste by means of setting on fire, burying and filling, and other technical methods.

Article 3 The administrative department for city management of Shenzhen Municipality (hereinafter referred to as municipal administrative department for city management), is in charge of the direction and supervision of collecting treatment fee of waste in the whole city, and concretely organize the collection of the treatment fee of waste within Shenzhen Municipality.

   The administrative departments for city management of Baoan District and Longgang District (hereinafter referred to as district administrative department for city management) are in charge of collecting the treatment fee of waste in their own district respectively.

   The administrative departments for finance or price shall be responsible for the administration of treatment fee of waste according to their own duties.

Article 4 Municipal or district administrative departments for city management may entrust the water-supplying enterprise or other units with the collection of treatment fee of waste of the customers.

Article 5 Municipal or district administrative departments for city management that entrust the collection shall sign a written trust agreement with the enterprises being entrusted. The trust agreement shall consist of the following items:

1)          the title of both the units entrusting and the units being entrusted;

2)          the items, standards, and time limit of charge;

3)          the standards of service charges for being entrusted;

4)          the procedure of turning the treatment fee of waste that are entrusted to collect over to special financial account;

5)          the duties for being entrusted to hasten or collect arrears;

6)          other items that may be agreed on with each other.

Article 6 The treatment fee of waste shall be fixed by Shenzhen Municipal people' s government, the standard of collecting fee shall be formulated jointly by municipal administrative department for price and municipal administrative department for city management, and then be executed after being approved by Shenzhen Municipal people' s government.

   Where it is definitely difficult to collect treatment fee of waste in accordance with the standard of collecting fee in the preceding provision, municipal administrative department for price may formulate conversion standard in accordance with the standard of collecting fee that has been determined and combining relevant collection methods.

Article 7 Municipal administrative department for city management shall determines that different treatment fees of waste are collected from different customers within the administrative regions of Shenzhen Municipality in accordance with the collection standard and conversion standard.

   Baoan district people' s government and Longgang district people' s government shall determine respectively that different treatment fees of waste are collected from different customers within their respective administrative regions in accordance with the collection standard and conversion standard.

Article 8 Where municipal or district administrative departments for city management entrust some units with the collection of treatment fee of waste, the units being entrusted shall collect the treatment fee of waste in accordance with the collection standard and conversion standard formulated by municipal administrative department for price .

Article 9 The families that enjoy subsistence allowances, charity houses, home for destitute old people, and enterprises for handicapped are exempted from collecting the treatment fee of waste.

   The families or the units that apply for being exempted from collecting the treatment fee of waste shall go to municipal or district administrative departments for city management to transact relevant formalities by valid documents.

   Municipal or district administrative departments of city shall notify the units being entrusted of the families and units that are exempted from collecting the treatment fee of waste in written form after transacting relevant formalities.

Article 10 The treatment fee of waste collected in accordance with these Rules shall be turned over to financial administration in time and in full. The administrative department for finance shall set up special account to administer the treatment fee of waste, and guarantee to earmark the fee for its specified purpose only.

   No unit can withhold or misappropriate the treatment fee of waste.

   Where the treatment fee of waste collected is not adequate for the practical fee of disposing waste, the inadequacy shall be subsidized by municipal financial administration, the inadequacy outside the administrative regions of Shenzhen municipality shall be subsidized by district financial administration.

Article 11 Municipal or district administrative departments for city management that entrust other units to collect the treatment fee of waste shall pay service charge to the units being entrusted.

   The service charge shall be returned to the unit being entrusted by financial administration in accordance with the standards formulated by municipal people' s government.

Article 12 The standard for paying treatment fee of waste to the units in charge of disposing waste shall abide by the franchise agreement that has definite regulation concerned. If there is no any franchise agreement, the standard shall be formulated jointly by the administrative departments for finance, city management and price together.

Article 13 The units treating waste shall declare treatment fee of waste according to the practical quantity of waste.

   Municipal or district administrative departments for city management shall, in accordance with the discharge target of contaminant, the treatment quantity of waste, and the payment standard of the units treating waste, provide a written opinion on appropriating the treatment fee of waste, which shall be respectively sent to municipal or district administrative departments for finance for examination and approval, within 10 days from the date they receive the application.

   The administrative departments for finance shall fulfill the examination and approval within 5 working days and appropriate the treatment fee of waste to the units treating waste.

Article 14 The units treating waste shall report the matters relating to the treatment of waste and the use of treatment fee of waste to municipal or district administrative departments for city management in written form by the quarter.

Article 15 The units being entrusted shall turn in the treatment fee in accordance with regulations without any concealment, withholding, payment by deduction, or misappropriation.

Article 16 The administrative departments for finance shall strengthen the management of treatment fee of waste and guarantee the fee earmarked for its specified purpose only.

Article 17 Where a State' s organ, enterprise and public institution, other organization or a resident in Shenzhen doesn' t pay the treatment fee of waste in accordance with regulations, municipal or district administrative departments for city management shall instruct it to pay within a time limit. If the treatment fee of waste still fails to be paid within the prescribed time limit, overdue fine shall be collected by the standard of 3бы of the treatment fee of waste per day. If it fails to pay the treatment fee of waste at the expiration of 60 days, municipal or district administrative departments for city management shall apply for strict enforcement of the court.