448. Measures of Shenzhen Municipality on the Classification and Reduction of Domestic Garbage 深圳市生活垃圾分类和减量管理办法

发布时间:2017-12-08来源:市法制办字体:【 【内容纠错】

  Measures of Shenzhen Municipality on the Classification and Reduction of Domestic Garbage

  (promulgated by Decree No. 277 of Shenzhen Municipal People’s Government on June 23, 2015 )

  Chapter ⅠGeneral Provisions

  Article 1 In order to improve the level of reduction, resource utilization and pollution-free treatment of domestic garbage, promote the construction of ecological civilization and realize the sustainable urban development, these measures are formulated according to the provisions of relevant laws, regulations and actual conditions in this municipality.

  Article 2 These measures are applicable to the classification, reduction and related administrative activities of domestic garbage within the administrative areas of this municipality.

  Article 3  “Domestic garbage” in these measures refers to the solid waste material discharged by units and individuals from their daily life or the services provided for their daily life, including food waste, building waste, recyclables, hazardous waste and other waste.

  Where the food waste or building waste is provided otherwise, those provisions shall prevail.

  Article 4 The administration of the classification and reduction of domestic garbage shall observe the principles of government leading, territorial management, public participation, market operation and social supervision.

  The domestic garbage shall practice classified placement, classified collection, classified transportation and classified disposal.

  Article 5 The?joint meeting system of promoting the classification and reduction of domestic garbage shall be set up in this municipality, to coordinate and solve important matters in the classification and reduction of domestic garbage.

  The district people’s government (including the administration committee of new district) shall be responsible for organizing and implementing the classification and reduction of domestic garbage in the area under its jurisdiction, and establishing the mechanism of capital investment and guarantee.

  The subdistrict office shall be responsible for implementing the classification and reduction of domestic garbage within its jurisdiction.

  Article 6 The municipal administrative department of urban management (hereinafter referred to as the municipal competent department) is the competent department of the classification and reduction of domestic garbage of this municipality. It shall organize to formulate the management objectives of the classification and reduction of domestic garbage, be responsible for the organization and promotion, inspection and guidance, supervision and assessment of the classification and reduction of domestic garbage.

  The district administrative department of urban management (hereinafter referred to as the district competent department) is responsible for the guidance, supervision and administration of the classification and reduction of domestic garbage in the area under its jurisdiction.

  Article 7 The economy, trade and information department shall be responsible for supervising and administrating the comprehensive utilization of recyclable materials.

  The environmental protection department shall be responsible for supervising and administrating the disposal of hazardous waste.

  The housing and construction department shall be responsible for urging the property service enterprise to perform the obligations of classifying and reducing domestic garbage.

  Other competent administrative departments shall conduct the work related to the classification and reduction of domestic garbage according to their respective functions and duties as well as the provisions of these measures.

  Article 8 Any unit or individual shall perform the obligations of classifying and reducing domestic garbage, jointly maintaining a good urban environment.

  Article 9 The municipal competent department shall publish the ways, handling process and time limit of reports and complaints against any law-breaking act of the classification and reduction of domestic garbage, deal with reports and complaints according to law and feedback results.

  Chapter ⅡClassification Criteria and classified throwing

  Article 10 The domestic garbage of this municipality shall be classified into three categories:

  (1) recyclables, which refer to the waste paper, waste plastics, waste glass, waste metal, waste fabric, waste electronic products and so on that can be recycled and utilized;

  (2) hazardous waste, which refers to the waste battery, waste lamp tube, deserted drugs, waste pesticide, waste paint, waste daily chemicals, waste silver product and so on that are directly or potentially harmful to human health or natural environment and shall be specially disposed;

  (3) other waste, which refers to other waste except recyclables and hazardous waste.

  It is encouraged to classify domestic garbage into four categories: recyclables, hazardous waste, kitchen waste and other waste in residence community with treatment conditions. The kitchen waste can be brought into the collection, transportation and disposal system of food waste for collection, transportation and disposal.

  In accordance with the management practice of domestic garbage and on the basis of full consultation and scientific demonstration, the municipal competent department may put forward adjustment plan of the classification criteria of domestic garbage to the municipal people’s government for approval before implementation, and publish it to the society.

  The municipal competent department shall enact specific category of domestic garbage together with the economy, trade and information department and the environmental prevention department, and publish it to society.

  Article 11 This city shall exercise the personal responsibility system of the management of the classified placement of domestic garbage.

  The responsible person of managing the classified placement of domestic garbage shall be identified according to the following provisions:

  (1) In case of the office and production sites of the Party and government organizations, units in Shenzhen, enterprises and institutions, social groups and other organizations, the units are the responsible persons. If the units have implemented property management, property service enterprises are the responsible persons. If the units are managed by themselves, the units are the responsible persons.

  (2) In case of residence communities, the all proprietors are the responsible persons. If the residence communities have implemented property management enterprises, property service enterprises are the responsible persons. If the residence communities are managed by themselves, the proprietors are the responsible persons. If the residence communities have not implemented property management enterprises, the local subdistrict office shall identify the responsible persons.

  (3) In case of roads, squares, parks, public green spaces and other public places, the management units or their authorized agencies are the responsible persons.

  (4) In case of airports, passenger stations, rail transportation and public places such as tourism, culture, sports, entertainment, business and so on, the operating and managing units are the responsible persons.

  If the responsible persons can not be identified according to the second paragraph of this Article, the local subdistrict office shall identify the responsible person.

  Article 12 The responsible person of managing the classified placement of domestic garbage shall perform the following duties:

  (1) Setting up domestic garbage collection containers according to provisions, and keeping them in good conditions and clean;

  (2) Publishing the time and location of placing domestic garbage;

  (3) Making guidance to the classified placement, exhorting and stopping the behaviors not according with the requirements of classified placement;

  (4) Establishing the management ledger of the classified collection of domestic garbage, recording the category, amount, transporter, whereabouts and other things of the domestic garbage discharged within its responsibility, and submitting data regularly to local subdistrict office;

  (5) Delivering the classifiedly placed domestic garbage to qualified unit for classified collection and transportation.

  The management unit of public places such as gymnasium, park, cinema, music hall, library, airport, passenger station, subway, train station and so on, the management unit of municipal street lighting facility, school, hospital and etc. shall recycle waste lamp tube and give to qualified unit for disposal.

  Article 13 The municipal competent department shall formulate the set standard sof the classified collection facilities and the category identifications of domestic garbage together with relevant departments, and publish them to the society.

  The qualified pedlars' markets of fruits and vegetables are encouraged to dispose fruit peel and vegetable fur on the spot or in the vicinity.

  Article 14 The units and individuals shall classifiedly place domestic garbage in accordance with the time, location, way and other requirements publicized by the responsible person of managing the classified placement of domestic garbage, and not arbitrarily discarded or throw domestic garbage.

  The classified placement of domestic garbage shall observe the following provisions:

  (1) The recyclables shall be placed into the collection containers of recyclables;

  (2) The hazardous waste shall be placed into the collection containers of hazardous waste or delivered to the recycling points of hazardous waste;

  (3) Other waste shall be placed into the collection containers of other waste;

  Article 15 The furniture that is bulky, with strong entirety or need splitting for ?reprocessing and other big garbage, shall be disposed of properly, and be classifiedly placed according to the provisions of Article 14 of these measures.

  Article 16 The domestic garbage in residence community shall exercise relatively concentrated classified placement at fixed time and location.

  The specific time and location that is fixed to place domestic garbage as provided in the proceeding paragraph, shall be decided by the owners' assembly or the owners' committee, and be publicly informed at a visible place of residence community.

  Article 17 This municipality shall set up “Resource Recovery Day”. The residence community shall collect the recyclables and hazardous waste oncentratedly in “Resource Recovery Day”.

  The implementing measures of “Resource Recovery Day” shall be otherwise formulated and published by the municipal competent department.

  Article 18 When owners' assembly or the owners' committee concludes property service contract with property service enterprise, it shall reach an agreement on the requirements and standards of the classified placement of domestic garbage.

  The property management unit that outsources the cleaning and hygiene work, shall Incorporate the requirements of the classified placement of domestic garbage into the contract of cleaning service, and supervise its implementation.

  Chapter Ⅲ Classified collection, transportation and disposal

  Article 19 The district people’s government shall strengthen the infrastructure construction of the classified collection of domestic garbage, and achieve the scale operation and regional full coverage of the collection and transportation of domestic garbage. It shall decide eligible enterprises through public bidding or other ways to undertake the domestic garbage disposal service, publish relevant information of the service enterprises to the society and accept the social supervision.

  Article 20 The classifiedly placed domestic garbage shall be classifiedly collected. It is forbidden to collect mixeddly the domestic garbage that has been classifiedly placed.

  The municipal competent department shall formulate the technical specifications on the collection, transportation and storage of hazardous waste to avoid environment pollution together with the environmental protection department.

  Article 21 The classifiedly collected domestic garbage shall be classifiedly transported. It is forbidden to transport mixedly the domestic garbage that has been clasifiedly collected.

  The transport vehicle of domestic garbage shall be closed, neat and intact, marked obvious category identifications of domestic identification. During the transportation, it shall not arbitrarily dump, discard, stack, miss domestic garbage or drip sewage.

  The transport vehicle shall be on roads with permit. The competent department, the transportation department and the police security department shall strengthen the law enforcement inspection on vehicles.

  Article 22 The domestic garbage that is classifiedly collected and transported shall be disposed classifiedly:

  (1) The recyclables shall be delivered to renewable resource recycling enterprises for disposal;

  (2) The hazardous waste shall be delivered to the qualified enterprises for disposal;

  (3) Other garbage shall be disposed through incineration, sanitary landfill and other ways according to provisions.

  The disposal unit of domestic garbage shall dispose domestic garbage in accordance with relevant provisions and technical standards, and take effective pollution control measures to prevent secondary pollution.

  The municipal competent department shall entrust professional environmental impact assessment institution regularly to make environmental impact assessments on the operation of the disposal units of domestic garbage.

  Article 23 The competent department shall be responsible for supervising and administrating the classified collection and transportation of waste glass, waste plastics and other recyclables.

  The economy, trade and information department shall guide renewable resource recycling enterprises or resources comprehensive utilization enterprises to recycle the recyclables.

  Article 24 Except the recyclables and hazardous waste, other garbage shall be disposed through incineration. The competent department shall strengthen the supervision and administration to the construction and operation of domestic garbage incineration facilities, and gradually reduce the proportion of sanitary landfill.

  Chapter Ⅳ Promotion Measures

  Article 25 The market supervision department shall formulate the technical specifications of Shenzhen Special Economic Zone on the design and production of product and packaging, and report to the municipal people’s government for approval before implementation.

  The manufactures and sellers shall strictly observe the standards and requirements of restricting excessive packaging of product of the State and reduce the use of disposable packing material.

  The Party and government organizations as well as institutions shall give priority to the products listed in the government procurement catalogue of circular economy product, and implement paperless office.

  The catering operators shall guild consumers to be conservative in meal and conduct low-carbon consumption behaviors.

  Article 26 The manufactures and sellers are encouraged to recycle and reuse the products and their packaging manufactured and sold by taking measures such as deposit return, trade-in policy and etc.

  Article 27 It is encourage to implement resource recycling to waste fabric.

  Social organizations and individuals are encouraged to gift or exchange old books in the activities of Shenzhen Reading Month

  Article 28 The municipal and district governments shall incorporate the classification and reduction of domestic garbage into the propaganda of the environmental protection activities such as “Energy Saving Week”, “National Low Carbon Day” and ect.

  The competent department shall formulate the publicity and education program of the classification and reduction of domestic garbage, and adopt various forms to carry out publicity, education and training activities together with relevant departments.

  The education department shall be responsible for spreading knowledge of the classification and reduction of domestic garbage in the primary and middle schools as well as kindergartens of the city, incorporate the knowledge of classification and reduction into the content of environmental protection education, organize and develop series of practice of the classification and reduction of domestic garbage in campus.

  The Party and government organization, enterprise and institution as well as social organization shall incorporate the classification and reduction of domestic garbage into the occupation training content of this unit.

  Article 29 The Women's Federation, Youth League Committee (Volunteer Association), Trade Union, Association for Science and Technology and other people's organizations shall organize and develop the publicity and education of the classification and reduction of domestic garbage, and promote the whole society’s participation in the classification and reduction of domestic garbage, combining their respective working characteristics.

  Foundation and other social organizations as well as individuals are encouraged and supported to participate positively in the classification and reduction of domestic garbage. The competent department may select eligible social organization to organize and develop the classification and reduction of domestic garbage by buying service and other ways.

  Article 30 The industry association and chamber of commerce shall formulate work plans of the classification and reduction of domestic garbage of this industry and organize their implementation, and urge their member units to carry out relevant requirements of the work plans.

  The property management industry association shall incorporate the requirements relevant to the classification and reduction of domestic garbage into the standards and scoring rules of property service enterprise rating assessment or property management demonstration residence community and excellent residence community assessment.

  Article 31 The newspaper and periodical, radio, television and other news media shall conduct nonprofit publicity about the knowledge of the classification and reduction of domestic garbage during prime time or at remarkable page timely, according to relevant provisions.

  Chapter Ⅴ Supervision and Administration

  Article 32 This municipality shall establish and perfect the comprehensive assessment system of the classification and reduction of domestic garbage, and incorporate the assessment results of relevant departments and district people’s government into government performance appraisal system according to proscribed procedures.

  Article 33 The municipal competent department shall establish the measure and weighing working system of the classification of domestic garbage, and gradually carry out weight statistics to the classified collection, transportation and disposal of domestic garbage.

  Article 34 This municipality shall implement the system of limited discharge of domestic garbage, and incorporate the requirement of limit discharge into government performance appraisal content timely.

  This municipality shall implement environmental compensation system of trans-district disposal of domestic garbage. If the district where the domestic garbage is discharged disposes the garbage at other district, it shall pay an environmental compensation to the district where the domestic garbage is led in and disposed, following the principle of “the person who gets benefits will compensate”. The weight statistics information shall be a basis of paying the environmental compensation for trans-district disposal of domestic garbage.

  The concrete measures of limited discharge and environmental compensation for trans-district disposal of domestic garbage shall be otherwise formulated by the municipal competent department and be submitted to the municipal people's government for approval before implementation.

  Article 35 The competent department shall establish and perfect the whole process supervision system of domestic garbage, set up the management information systems of the classified placement, collection, transportation and disposal of domestic garbage, disclose relevant information to the society regularly, and share information with the economy, trade and information department, the environmental protection department, the housing and construction department and etc.

  The subdistrict office shall establish the management ledger of the classified collection,transportation and disposal of domestic garbage, aggregate relevant data submitted by the responsible person liable of managing the classified placement of domestic garbage in the area under its jurisdiction, and report to district competent department according to provisions.

  Article 36 The competent department shall establish a coordination mechanism of supervision and administration as well as law enforcement of the classification and reduction of domestic garbage together with the economy, trade and information department, the environmental protection department, the market supervision department, the transportation department and the police security department ect, report conditions regularly and strengthen supervision.

  Article 37 This municipality shall implement social supervisor system of the classification and reduction of domestic garbage.

  The competent department shall select a certain amount of social supervisors from the society publicly to participate in the classification and reduction of domestic garbage. The social supervisors shall include NPC deputies, CPPCC members, citizens and volunteers and etc.

  The social supervisors have the rights to supervise the operation of the facilities for centralized disposal of domestic garbage, urge units and individuals perform the obligations of classifying and reducing domestic garbage. The concrete measures shall be otherwise formulated by the municipal competent department.

  Article 38 If any unit or individual refuse to perform the obligations of classifying and reducing domestic garbage and is imposed an administrative punishment, the competent department, the economy, trade and information department, the environmental protection department, the market supervision department, the housing and construction department and etc. shall record it as a bad behavior and put the record into credit system.

  Units, communities, families and individuals who have made outstanding achievements in the classification and reduction of domestic garbage, may be commended and rewarded. The concrete measures shall be otherwise formulated by the municipal competent department.

  Chapter Ⅵ Legal Responsibility

  Article 39 If the administrative departments and its staff fail to perform the administrative duties of the classification and reduction of domestic garbage, they shall be pursued the administrative responsibility according to law. If they are suspected of committing a crime, they should be transferred to the judicial organ for treatment.

  Article 40 If the responsible person of managing the classified placement of domestic garbage violates the provisions of Article 12 of these measures, having one of the following activities, the competent department shall order correction within a prescribed time limit. If the responsible person refuses to correct within the prescribed time limit, a fine shall be imposed.

  (1) If the responsible person fails to make guidance to the classified placement of domestic garbage according to provisions, it shall be imposed a fine of 3000 yuan;

  (2) If the responsible person fails to publish the time and location of placing domestic garbage, it shall be imposed a fine of 2000 yuan;

  (3) If the responsible person fails to record discharge conditions of domestic garbage within its responsibility faithfully, it shall be imposed a fine of 2000 yuan;

  (4) If the responsible person fails to set up domestic garbage collection containers according to provisions, it shall be imposed a fine of 3000yuan;

  (5) If the responsible person fails to deliver the classifiedly placed domestic garbage to the qualified unit for classified collection and transportation, it shall be imposed a fine of 5000 yuan.

  Article 41 If any unit or individual violates the provisions of Article 14 or Article 15 of these measures, failing to classifiedly place domestic garbage or classifiedly place domestic garbage according to provisions, the competent department shall order correction within a prescribed time limit. If the correction is refused, the individual shall be imposed a fine of 50 yuan or a fine of 100 yuan if the circumstance is serious, and the unit shall be imposed a fine of 1000 yuan.

  If an individual is imposed a fine, he may apply for social service arranged by the competent department to deduct the fine.

  Article 42 If the collection enterprise of domestic garbage violates the provisions of Article 20 of these measures, collecting mixeddly the classifiedly placed domestic garbage, it shall be imposed a fine of 10000 yuan.

  Article 43 If the transportation enterprise violates the provisions of Article 21 of these measures, having one of the following behaviors, it shall be imposed a fine by the competent department:

  (1) If the transport vehicle fails to be marked obvious category identifications of domestic identification, it shall be imposed a fine of 2000 yuan;

  (2) If the transport vehicle fails to be closed, neat and intact, it shall be imposed a fine of 3000 yuan;

  (3) If the transport vehicle arbitrarily dump, discard, stack and miss domestic garbage or drip sewage during the transportation, it shall be imposed a fine of 5000 yuan;

  (4) If it transport mixedly the clasifiedly collected domestic garbage, it shall be imposed a fine of 10000 yuan.

  Article 44 If the disposal enterprise of domestic garbage violates the provisions of Article 22 of these measures, disposing other garbage illegally or failing to take effective pollution control measures to prevent secondary pollution, the competent department shall order correction within a prescribed time limit and impose a fine of 3000 yuan. If it has been imposed punishments for three times or more than three times accumulatively, it shall be cancelled the qualification of disposing domestic garbage. If losses are caused, it shall take the responsibility of compensation.

  If the disposal enterprise of domestic garbage violates the provisions of Article 22 of these measures, disposing the hazardous waste illegally, it shall be dealt with by the environmental protection department according to law.

  Chapter Ⅶ Supplementary Provisions

  Article 45 The economy, trade and information department, the environmental protection department, the market supervision department, the housing and construction department,the education department and etc shall formulate supporting policies and standards according to their respective functions and duties as well as the provisions of these measures.

  Article 46 The kitchen waste in these measures refers to the putrescible garbage that is discharged in family life or in the process of consumption by residents, including leftovers, vegetable stem and leaves, fruit peels and cores, discarded food, abandoned vegetables, bonsai plants, and residual leaves, etc.

  Article 47 These measures shall go into effect as of August 1, 2015.