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456 Administrative Measures of Shenzhen Municipality on the Transport and Disposal of Construction Waste 深圳市建筑废弃物运输和处置管理办法

来源:深圳市司法局 日期:2019年12月27日 字号:[] 【内容纠错】

  Adopted at the 98thExecutive Meeting of the 5th session of the Shenzhen Municipal People’s Government, promulgated by Decree No. 260 of the Shenzhen Municipal People’s Government on November 29th,2013

   

  Chapter One General Provisions

   

    

   Article 1 In order to protect people’s life and property safety, maintain the city appearance and environmental sanitation, and dispose of construction waste properly, these Measures are formulated in accordance with Regulations of Shenzhen Municipality on Emission Reduction and Utilization of Construction Waste, relevant laws, regulations, and rules, as well as in light of the actual circumstances of Shenzhen municipality.

  Article 2 These Measures are applicable to the emission, transportation, transfer, backfilling, acceptance, utilization and other disposal activities of construction waste, as well as the supervision and administration thereof within the administrative areas of Shenzhen.

  The term “construction waste” used in these Measures meanswaste bricks and tiles, concrete blocks, residual soil of construction or other wastes as produced in the course of newly constructing, reconstructing and removing all kinds of buildings, structures and pipelines, decorating and renovating houses and other activities.

  In case that there are any other provisions on the emission and utilizationof construction waste provided by laws or regulations, such provisions shall prevail.

  Article 3 The administrative department of construction (hereinafter referred to as “the construction department”) shall be responsible for the administration of emission reduction and recycling of waste, issuing the duplicate formsfor construction waste administration to the construction units and supervising the compliance of the system of duplicate forms, regulating contracting behaviors of construction waste transportation business for construction projects, supervising construction sites of construction project and promotingcivilized construction by construction enterprises, as well as pursing legal liabilities of construction units, builders and other units that dispose of the construction waste illegally.

   

  Article 4 The administrative department of transportation (hereinafter referred to as “the transportation department”) shall be responsible for investigating and punishing the illegal behaviors of road transport by transportation unit of construction waste and their transport vehicles, as well as guiding and supervising the disposal activities of construction waste for transportation engineering.

  Article 5 The traffic police department of public security authority shall be responsible for approving and issuing road passes for construction waste transportation vehicles to run on the prohibited road sections, as well as investigating and punishing the traffic illegal behaviors on road of construction waste transportation vehicles.

  Article 6 The administrative department of urban administration (hereinafter referred to as “the urban administration department”) shall be responsible for the administration on the acceptance of construction waste, supervising the acceptance behaviors, operationand the compliance of the system of duplicate forms and other behaviors of the acceptance sites, as well as investigating and punishing the behaviors of polluting city appearance and environmental sanitationin the process of construction waste disposal.

  Article 7 The department of planning and land shall, jointly with other relevant departments,be responsible for formulating the plan of acceptance sites for construction waste and facilities of comprehensive use which shall be included in the medium and long plan of urban development, prohibiting the behaviors of littering construction waste within the construction land reserved by government according to relevant laws and regulations, and reporting to the urban administration department timely.

  The department of environment protection shall be responsible for supervision and administration over the prevention and cure of environmental pollutionof construction waste, investigating and punishing the behaviors of littering construction waste within the water source protection area according to the relevant laws and regulations jointly with relevant departments.

  The department of water shall be responsible for investigating and punishing the behaviors of littering construction waste within the administration areas of water supply and drainage facilities, river courses, reservoirs and ditches according to relevant laws and regulations, as well as guiding and supervising the disposal activities of construction waste of water projects.

  According to their respective duties,the departments of agriculture, forestry and ocean shall be responsible for investigating and punishing the behavior of littering construction waste within the scope of mountains, woodland, vegetable land, parks, green space, ocean and sea area according to relevant laws and regulations.

  Article 8 The joint meeting system for the transportation, disposal and administration of construction waste shall be set up to coordinate and decide the major and difficult problems in the administration work of construction waste.

  The joint meeting shall be convened by the departmentor agency designated by the municipal government, and member units shall include the departments provided in Article 3 to Article 7 of these Measures and other departments and units related to the coordination and decision issues.

  Article 9 The disposal of construction waste shall be in accordance with the principles of reduction, reuse, resource utilization and classification management.

  The research, development and use of new technology, new technics, new materials and new equipment on reducing and recycling construction waste shall be encouraged. In case of construction waste which may be reused or reused by regeneration, it shall be recycled; otherwise it shall be disposed in accordance with the provisions of relevant laws, regulations and these Measures.

  The units or individuals that generate construction waste shall undertake the obligation to classify, collect, discharge and dispose of construction waste, and to eliminate the pollution of construction waste in time according to law.

  Any unit or individual shall not discharge or backfill garbage, hazardous waste mixed with construction waste, not dump, throw, stack or landfill construction waste in public places and other non-designated sites.

  Article 10 The duplicate forms for construction waste administration shall be made in a unified formatby the municipal construction department. The duplicate forms shall be signed separately by the construction units, builders, transport units and the acceptance sites for landfilling, transferring, backfilling and comprehensive utilization (hereinafter referred to as the acceptance sites), and returned to the departments of city administration and construction for record.

  Construction units and builders shall designate supervisors to sign the duplicate forms in accordance with the provisions of Article 15 of these Measures, the transport units shall designate the driver executing the transport task to sign duplicate forms, the acceptance sitesshall designate the staff on duty who is responsible for handling acceptance formalities to sign duplicate forms. The signers of the duplicate forms shall be the direct responsible persons for the duplicate forms administration.

  According to the actual management and technical conditions, the department of constructionmay carry out the administration of the electronic duplicate formsjointly with the department of urban administration and other departments, and formulate specific measures for the administration of the electronic duplicate forms in accordance with relevant procedures.The electronicduplicate forms shall include the necessary and relevant administration information of emission units, transport units, the vehicles, acceptance sites and etc.

   

  Chapter Two Emission Administration

   

   

  Article 11 The municipal construction department shall strengthen the contracting administration on transportation business of the construction waste of the construction projects, and require the construction units of construction projects invested by the municipal or district governments to stipulate clearly the liabilities of the general contracting enterprise which violates the disposal and administration provisions on the emission and transportation of construction wastein the general contract of construction.

  Article 12 In case of constructing new construction projects or dismantling the existing buildings or structures, the construction unit shall, in accordance with Regulations of Shenzhen Municipality on Emission Reduction and Utilization of Construction Waste and requirements of technical specifications for emission reduction and utilization of construction waste of this Municipality, determine the transportation unit of construction waste, then compile the emission reduction and disposal plan for construction waste, and report to the construction department for record before the construction project starts.

   

  The following materials shall be attached to the emission reduction and disposal plan for construction waste:

    

    (1) the emission disposal plan of construction waste, filling in the type, quantity, route and time of transportation, disposal sites of construction waste and other items truthfully;

   (2) the transportation contract signed by the construction unit or the general contracting unit of the project and the transport unit, and the basic situations of the transportation vehicles;

   (3) the proof materials that legal acceptance sites have consented to accept the construction waste, or the proof materials that the construction project in process needs to backfill the accepted earthwork (including inter-regional landfill, transfer, backfill, and comprehensive utilization);

   (4) approval documents for water and soil conservation plan issued by the water administration department;

   (5) other materials that shall be submitted according to law.

  When issuing documents for construction waste discharge, the construction department shall issue the format text of the duplicate forms to the construction unit at the same time, and the construction unit shall print it based on the actual needs of the construction waste emission.

  Article 13 The transport unit determined by the construction unit or the general contracting unit of the project shall apply to the municipal traffic police department of public security authority for verifying the transportation route of the construction waste, the municipal traffic police department of public security authority shall verify the application within 7 workdays after receiving the application materials according to the traffic flow, traffic administration needs and environmental noise control information provided by the environmental protection department.

  The transportation time of construction waste shall be in line with the traffic time determined and published by the municipal traffic police department of public security authority jointly with the municipal departments of construction, urban administration, environmental protection and other related departments.

  Where it is necessary to change the transportation unit of construction waste, the construction unit shall take the newly signed transport contract and the basic information of the transport vehicles to the construction department for the modification record.

  Article 14 Builders shall strengthen the environmental sanitation management surrounding the construction site and the entrances and exits of the site, and take effective cleaning measures:

    

   (1) The inside of the entrances and exits of the construction site shall be hardened;

  (2) Flush tanks and high-voltage washing equipment shall be installed to wash and check the vehicles that leave the construction site. Where it is impossible to installstandard flush tanks due to the limitation of the field conditions,the statement of the situation and relevant solution shall be provided

   (3) Drainage facilities and sediment facilities shall be set up to prevent the slurry, sewage, and waste water from outflowing, and the slurry, sewage and waste water shall be dealed with and discharged into the municipal drainage pipelines after reaching the relevant standards;

   (4) The slurry from construction sites shall be sedimentated, dried or solidified before being delivered to the designated acceptance sites.

  When carrying out the projects such as pipeline laying, road excavation, pipeline  cleaning, greening, the builder shall set up the fences, isolate the operation, take effective cleaning measures, and timely transport the construction waste produced during the construction process. After the completion of the construction, the construction waste shall be cleaned and transported to the acceptance sites within 48 hours.

  Article 15 Builders shall designate supervisors who specialize in the loading and cleaning of construction waste and shall configure video surveillance system at the entrances and exits of the construction site to monitor and control the entry and exit of the construction waste transportation vehicles in real time. The video image data shall be saved for 1 month.

  The construction waste shall not be transported out of the construction site if the duplicate forms for construction waste administration have not been signed by a supervisor. After duplicate forms are signed by the supervisor and the signature is checked by the driver of the construction waste transportation vehicle, the supervisor shall retain the form for the builder and leave the remaining forms to the driver of the construction waste transportation vehicle.

  The builder shall include the information recorded by the supervisor in the duplicate forms into the building log. The project manager of the builder shall be responsible for the supervision activities on the loading and cleaning of the supervisors.

  Article 16 The construction unit, supervision unit and builder shall not allow vehicles which are overloadedor unclosed, or have unclean carriages or wheels with mud or carriages hanged with mud to leave the construction site. No construction waste shall be transported by individuals, transportation units that have not obtained the qualification for road freight transportation operation, or vehicles without certification of vehicle inspection provided in Article 19 of these Measures.

  When a builder violates the administration provisions on the construction waste, such information shall be recorded in the bad behavior record of the construction market, and the builder and the project manager shall be recorded respectively. If the supervision unit fails to perform its supervisory duties against the behavior of the builder that violates the administration provisions on the construction waste, the behavior of the supervision unit shall be recorded in the bad behavior record of the construction market, and the unit and the project director shall be recorded separately.

  If a builder violates the administration provisions on the construction waste three times or more, or receives yellow warning 2 times or more, or receives one red warning or more due to the behaviors violating the administration provisions on the construction waste, the construction department may send staff or entrust the safety supervision institution to the construction site for supervision.

  Article 17 Sporadic construction waste produced during internal repair and decoration of houses and other construction activities for which the construction permit and record of the emission reduction and disposal planare not required shall be bagged by the owner or the property service unit, stacked in the uniform site designated by the property service unit for not more than 48 hours, and transported to legitimate acceptance sites for disposal.

  The vehicles that transport sporadic construction waste provided in the preceding paragraph, shall have the certificates for transporting goods on the road and the transportation certificate stipulated in the Regulations of Guangdong Province on the Administration of Urban Waste.

   

  Chapter Three Transportation Administration

   

  Article 18 Individuals shall not engage in construction waste transportation business.

  Transportation units of construction waste shall obtain the qualification for road freight transportation operation in accordance with law, establish technical archives for construction waste transportation vehicles in accordance with Provisions on the Administration of Road Freight Transport, Stations and Sites, and apply to the transportation department for recording the management archives of the transportation unit and vehicles, and obtain record vouchers.

  The specific measures for recording management archives of construction waste transportation units and vehicles shall be separately formulated by the municipal transportation department.

  Article 19 Vehicles engaged in the transportation of construction waste in Shenzhen shall be equipped with a satellite positioning recorder conforming to the standards of the State and Guangdong province and complying with the relevant standards and technical specifications, and shall be tested at least once every 6 months, and the certificate of vehicle inspection issued by the statutory qualification testing organization shall be obtained.

  The centralized and unified inspection procedures and systems on vehicle safety, comprehensive performance, environmental emission, and closed performance of construction waste transportation vehicles shall be formulated by the municipal transportation department in conjunction with the traffic police of public security authority, the urban administration and the market supervision administration departments within 12 months from the date of implementation of these Measures.

  Article 20 Transportation units shall meet the following requirements when transporting construction waste:

  (1) Construction waste transportation vehicles that are driven on the roads shall be tidy, and the wheels and carriages shall be prohibited from being hanged  with mud;

   (2) Construction waste transportation vehicles shall be closed and shall not leak or spill along the way when transporting. Slurry shall be loaded and transported with special canned equipment;

   (3) Construction waste transportation vehicles shall be driven according to the prescribed time and routes, and shall not be over height,overloaded or overspeed;

   (4) Construction waste transportation vehicles shall comply with the relevant technical specifications and be qualified by the testing institutions established according to law;

   (5) Construction waste shall be transported to the approved acceptance sites. After entering the acceptance site, the construction waste shall be dumped under the command of the field personnel;

   (6) Record credentials of the management archives of vehicles, testing qualification certificates, duplicate forms and related transportation licenses shall be carried with the vehicles.

  Article 21 The driver of construction waste transportation vehicles shall obtain the qualification certificate issued by the municipal transportation department in accordance with the provisions of Regulations of the Shenzhen Special Economic Zone on the Administration of Road Traffic Safety.Those who hold the qualification certificates issued by the transportation department of other municipalities shall apply to the municipal transportation department for record and replace the qualification certificate with one issued by Shenzhen, and the specific measures shall be separately formulated by the municipal transportation department.

  Article 22 The driver of construction waste transportation vehicles shall check the duplicate forms signed and transferred by the supervisor of the builder, and sign after  confirmation; after the construction waste has been transported to the acceptance site and accepting formalities have been handled, the duplicate forms shall be signed by the personnel of the acceptance site on duty, and the driver shall retain the form for the transportation unit, and transfer the remaining duplicate forms to the personnel of the acceptance site on duty.

  Article 23 The transportation units identified in the record of construction waste reduction and disposal plan shall be included in the administration category of the record system for bad behaviors.

  The bad behavior records of transportation units and their transportation vehicles and drivers shall be publicly listed on government websites of the departments of construction, transportation, traffic police, urban administration and major media in Shenzhen. If the bad behavior is serious, the departments of traffic, traffic police, and urban administration shall take measures such as ordering rectification and imposing administrative punishment according to law.

  The system for recording bad behaviors of construction waste transportation units shall be separately formulated by the municipal transportation department in conjunction with the municipal departments of construction, traffic police, and urban administration.

   

  Chapter Four Acceptance Administration

   

  Article 24 To establish an acceptance site, an application shall be submitted to the urban administration department for a license to accept construction waste.

  If the earthwork is balanced and backfilled within the construction site or between the construction sites, the license to accept construction waste shall not be necessary, supervision shall be carried out by the construction department in accordance with the relevant provisions of Shenzhen.

  Article 25 The urban administration department shall be responsible for the approval of licenses to accept construction waste. The municipal urban administration department shall, according to the administration practice, make clear the division of responsibilities between the municipal and district administration departments in handling the licenses to accept construction waste, and release them to the public after the examination according to the prescribed procedures.

  Where the following conditions are satisfied, the urban administration department shall issue a license to accept construction waste:

  (1) Approval documents issued by the departments of planning and land, construction, environmental protection, water affairs and other departments have been obtained;

   (2) The site plan, approach route map, operation and management plan, closure and greening plan, soil and water conservation plan and other material of acceptance site have been submitted;

   (3) Equipment for paving, rolling, dedusting, lighting, measurement and other operation within the acceptance site and drainage and fire protection facilities comply with the requirements of the regulations on the administration of construction waste acceptance sites of Shenzhen;

   (4) The video surveillance system shall be set up and cleaning measures shall be adopted at the entrances and exits of the acceptance site according to the administration requirements for entrances and exits of construction sites, and shall be tested as qualified by the urban administration department.

  The municipal urban administration department shall publish the relevant necessary information on licensed construction waste acceptance sites in Shenzhen on its website.

  Article 26 The construction waste acceptance site shall strengthen the environmental sanitation management around the site and the entrances and exits, build the water and soil conservation facilities according to the relevant provisions, set up the corresponding washing facilities, drainage facilities and sediment facilities at the exits and entrances, and take the cleaning measures such as mud removal and washing the vehicles to prevent road to be polluted by the vehicles hanged with mud.

  The management standards of construction waste acceptance sites shall be formulated by the municipal urban administration department in conjunction with the construction department and other departments according to the prescribed procedures.

  Article 27 When handling the construction waste acceptance formalities, the personnel of the acceptance site on duty shall check the contents of duplicate forms with the driver of the construction waste transportation vehicle, sign after  confirmation, and accept the rest duplicate forms.

  The acceptance sites for landfilling, transferring, and comprehensive utilization shall retain one form of the duplicate forms, send the rest duplicate forms to the urban administration department after a statistical table has been made and within the first five days of the next month.

  The acceptance sites for backfilling shall  retain one form of the duplicate forms, send the rest duplicate forms to the construction department after a statistical table has been made and within the first five days of the next month.

  As to inter-regional landfilling, transferring, backfilling, and comprehensive utilization,the acceptance sites shall retain one form of the duplicate forms, the transportation units shall send the rest duplicate forms to the construction department after a statistical table has been made and within the first five days of the next month.

  Article 28 Construction waste acceptance sites shall not accept  non-construction waste such as domestic waste, hazardous waste and so on without approval.

  A construction waste acceptance site shall report to the original licensing organ 30 days before the site is closed and acceptance is stopped. After the acceptance site stops acceptance, the operation unit of the construction waste acceptance site shall carry out the closure according to the closure plan.

  Article 29 The unified charging system shall be implemented for the disposal of construction waste. The specific measures shall be formulated by the price department in conjunction with the departments of finance, construction, urban administration and other departments, and implemented after approval in accordance with the prescribed procedures.

   

  Chapter Five Supervision and Inspection

   

  Article 30 The construction department shall, in conjunction with the departments of transportation, traffic police, urban administration, environmental protection and other departments establish a comprehensive information platform and related administration system for the disposal and administration of construction waste to realize intercommunication and real-time sharing of the following administration information:

   (1) Basic information of the construction project, construction unit and builder, and construction waste reduction and disposal plan;

   (2) The qualification of the transport unit and the situation of transport vehicles;

   (3) The location, maximum capacity and actual capacity of the acceptance site;

   (4) The information of construction waste backfilling;

   (5) The record for bad behaviors of the builder in construction market related to construction waste disposal;

   (6) The record for the bad behaviors of the transportation unit related to construction waste transportation;

   (7) The transportation time and routes of construction waste;

   (8) The information of statistical tables of duplicate forms filled online;

   (9) The information related to the construction waste acceptance sites and the sites for comprehensive utilization;

   (10) Other necessary supervision information.

  Article 31 The departments of construction, transportation, traffic police and urban administration and other departments shall strengthen supervision and inspection of construction waste disposal in accordance with their respective responsibilities, the main contents shall include:

   (1) The situation on statistics of construction waste generation and performance of transportation contracts;

   (2)The situation on implementing the system of duplicate forms;

   (3) The situation on the operation, use of construction waste disposal facilities;

   (4) The situation of construction waste transportation vehicles;

   (5) The  situation of civilized construction within construction sites, including the situation of cleaning measures, construction waste loading and so on.

  The ways of supervision and inspection shall include written inspection, on-site inspection, on-site verification and so on.

  Article 32 The departments of transportation, urban administration, water administration and other departments may entrust the traffic police department of public security authority to implement administrative enforcement of illegal disposal of construction waste on roads.

  The "administrative enforcement" mentioned in the preceding paragraph shall include administrative inspection, case establishment, investigation and evidence collection, administrative punishment, and handling of related articles

  Article 33 The public may report and complain about illegal activities of construction waste disposal through a uniform reporting hotline set up by the municipal government.

  The relevant administrative departments shall make a timely on-site investigation and handling in accordance with the division of duties and inform the whistleblower or the complainant of the results within 15 working days.

  Article 34 Where the construction waste is disposed of in violation of the relevant provisions and dumping or pollution has been caused, rectification to clean within a prescribed time period shall be ordered and administrative punishment shall be imposed according to law. In addition,if the violator fails to clean within the prescribed time period, the department which has investigated and handled the illegal activity according to law shall organize to clean, the expenses for cleaning shall borne by the violator, the department organizing cleaning shall recover the expenses from the violator according to law; however, if the relevant laws and regulations provide the way of administrative compulsory execution against the refusal of cleaning, the corresponding department may implement administrative compulsory execution according to law.

  If it is impossible to find out the person who dumped or polluted illegally, the property right unit or management unit of the place where illegal dumping or pollution happened shall organize to clean the ownerless construction waste, and the expenses for cleaning shall be borne by the violator according to law. The property right unit or management unit that organized the cleaning may recover the expenses according to law after the violator has been identified.

  If the relevant department is the property right unit or management unit of the illegal dumped or polluted place, before organizing to clean the ownerless construction waste, the department shall formulate a handling plan and apply for expenses to the municipal and district finance departments.

   

  Chapter Six Legal Liabilities

   

  Article35 In the case of leasing, lending, reselling, transferring, altering, and forging the license to accept construction waste, the urban administration department shall order the violator to stop the illegal activities, give a warning, and impose a fine of 20,000 RMB.

  Article 36 Where a construction unit or builder, in violation of the provision of Paragraph 4, Article 9 of these Measures, discharges construction waste mixed with domestic garbage, the urban administration department shall order it to rectify within a prescribed time period, give a warning and impose a fine of 3,000 RMB; where the construction unit or builder discharges hazardous waste with construction waste, the urban administration department shall order it to rectify within a prescribed time period, give a warning and impose a fine of 30,000 RMB.

  Where other unit or individual violates the provision of Paragraph 4, Article 9 of these Measures, discharges construction waste mixed with domestic garbage, the urban administration department shall order the violator to rectify within a prescribed time period, give a warning and impose a fine of 1,000 RMB; where other unit or individual discharges hazardous waste with construction waste, the urban administration department shall order the violator to rectify within a prescribed time period, give a warning and impose a fine of 20,000 RMB.

  Article 37 Where a unit or individual, in violation of the provision of Paragraph 4, Article 9 of these Measures, dumps, throws, stacks or landfills construction waste in non-designated sites, relevant departments with responsibilities for investigation and handling provided in Articles 3 to 7 of these Measures shall order the violator to clear up within a prescribed time period and impose punishment in accordance with the following provisions:

   (1) For the first time, a fine of 500 RMB per cubic meter shall be imposed, and the total penalty shall not exceed 50,000 RMB, if there is any other provision provided by laws or regulations, such provision shall prevail.

   (2) For the second time or more, a fine of 750 RMB per cubic meter shall be imposed.

  Article 38 Where a construction unit, in violation of the provision of Paragraph 1, Article 12 of these Measures, discharges construction waste without record, the construction department shall order it to rectify within a prescribed time period and impose a fine of 30,000 RMB;

  Where a construction unit, in violation of the provision of Paragraph 3, Article 13 of these Measures, changes the transportation unit of construction waste without the modification record, the construction department shall order it to rectify and impose a fine of 10,000 RMB.

  Where a builder, in violation of the provision of Paragraph 1, Article 14 of these Measures, does not adopt cleaning measures according to the relevant provisions, the construction department shall order it to rectify within a prescribed time period and impose a fine of 5,000 RMB.

  Article 39 Where a construction unit or builder, in violation of the provision of Paragraph 1, Article 16 of these Measures, entrusts an individual, a transportation unit that has not obtained the qualification for road freight transportation operation, or vehicles without certification of vehicle inspection provided in Article 19 of these Measures to transport construction waste, the construction department shall order it to rectify immediately and impose a fine of 100,000 RMB.

  Where a builder, in violation of the provision of Paragraph 1, Article 16 of these Measures, allow vehicles which are overloaded or unclosed, or of which carriages are unclean, or wheels are with mud, or carriages are hanged with mud to leave the site, the construction department shall order it to rectify immediately and the builder shall be imposed a fine of 5,000 RMB per vehicle.

  Article 40 Where a builder, in violation of the provision of Paragraph 2, Article 14 of these Measures, pollutes city appearance and environmental sanitation during the process of construction, the urban administration department shall order it to clean within a prescribed time period and punish it in accordance with the following provisions:

   (1) For the first time, a fine of 500 RMB per square meter of the polluted area shall be imposed, and the total penalty shall not exceed 50,000 RMB;

   (2) For the second time or more, the fine for every square meter shall be twice of the previous time.

  Where a builder, in violation of the provision of Paragraph 2, Article 14 of these Measures, does not clean construction waste and transport them to the legal acceptance sites within 48 hours, the urban administration department shall order it to clean within a prescribed time period and give a warning; if the builder fails to clean within the prescribed time period, a fine of 5,000 RMB shall be imposed.

  Article 41 Where, in violation of Article 18 of these Measures, any unit engages in construction waste transportation business without the qualification for road freight transportation operation or record credentials of the management archives, or any individual engages in construction waste transportation business, the transportation department shall order the violator to stop the illegal activities, confiscate the illegal gains, and impose a fine which is 10 times of the illegal gains; if there is no illegal gains or the illegal gains is less than 20,000 RMB, a fine of 100,000 RMB shall be imposed.

  Article 42 Where the transportation unit of construction waste engages in the following illegal activities, the relevant department shall handle in accordance with law:

  (1) Where, in violation of the provisions of Item 1 or 2, Article 20 of these Measures, construction waste transportation vehicles are unclosed, slurry is not loaded and transported with special canned equipment, carriages are unclean, wheels are with mud, or carriages are hanged with mud, the urban administration department shall order the violator to stop the illegal activities, and a fine of 5,000 RMB per vehicle shall be imposed every time; where construction waste is leaked or spilled along the way when transporting, the urban administration department and the transportation department shall, according to the division of their duties, order to clean within a prescribed time period, and a fine of 200 RMB per square meter of the polluted area shall be imposed;

   (2) Where, in violation of the provisions of Item 3 or 4, Article 20 of these Measures, construction waste transportation vehicles have illegal transportation activities such as being over height,overloaded or overspeed, violating traffic ban, not being driven according to the prescribed time and routes, being without access pass and not hanging vehicle plates, using forged or altered vehicle plates, obscuring or staining vehicle plate deliberately, and assembling or modifying construction waste transportation vehicles, the traffic police department of public security authority shall implement administrative mandatory measures or impose administrative penalties according to law; where, in violation of the provision of Item 6, Article 20 of these Measures, record credentials of the management archives of vehicles or testing qualification certificates are not carried with the vehicles, the traffic police department of public security authority shall impose a fine of 3,000 RMB per vehicle every time;

   (3) Where, in violation of the provision of Item 5, Article 20 of these Measures construction waste is not transported to the approved acceptance sites, or the construction waste is not dumped under the command of the field personnel after the construction waste transportation vehicle entering the acceptance site, the urban administration department shall order immediate rectification, and a fine of 5,000 RMB per vehicle shall be imposed every time;

   (4) Where a construction waste transportation vehicle does not have the Road Transportation Certificate and the driver does not obtain the qualification certificate issued by the municipal transportation department, the transportation department shall impose punishment according to the relevant regulations; where a construction waste transportation vehicle does not obtain the certificate of vehicle inspection as provided in Article 19 of these Measures, the traffic police department of public security authority shall impose a fine of 20,000 RMB per vehicle every time, and shall detain the transportation vehicle according to the provisions of the Road Traffic Safety Law of the People's Republic of China;

   (5) Where a driver of the construction waste transportation vehicle is forced to drive the vehicle in violation of laws and regulations on road traffic safety and safety driving requirements of vehicles, has resulted in a traffic accident, and a crime has not been constituted, the traffic police department of public security authority shall impose administrative penalties such as detention or fines on the transportation unit or relevant responsible persons according to the provisions of the Road Traffic Safety Law of the People's Republic of China;

   (6) Where a construction waste transportation vehicle is overloaded or has other traffic violations, and has caused damages to public facilities such as municipal roads, roads and road covers, civil liabilities for compensation shall be borne according to law, and the public security department shall impose administrative penalties such as detention or fines on the transportation unit or relevant responsible persons according to the provisions of the Law of the People's Republic of China on Public Security Administration Punishment;

   (7) Where the record of the transportation unit's bad behavior reaches the provided level, or an accident of safety production responsibility above the larger level (including the larger level) occurs, the transportation department shall, in the light of the relevant provisions of Regulations of the People's Republic of China on Road Transport and Provisions on the Administration of Road Freight Transport Stations and Sites, revoke the Road Transportation Operation License according to law.

  Article 43 Where any unit, in violation of the provision of Paragraph 1, Article 24 of these Measures, does not obtain a license to accept construction waste, accepts construction waste without authority, the urban administration department shall order to make up formalities or to clean within a prescribed time period, and impose punishment according to the following provisions:

   (1) For the first time, a fine of 50 RMB per cubic meter of the illegally accepted construction waste shall be imposed, and the total penalty shall not exceed 50,000 RMB;

   (2) For the second time or more, the fine for every cubic meter shall be twice of the previous time.

  Where a construction waste acceptance site, inviolation of the provision of Paragraph 1, Article 28 of these Measures, accepts other waste which is out of the licenseed scope, the urban administration department shall order the illegal activities to be stopped, cleaning to be completed within a prescribed time period, and impose punishment according to the following provisions:

  (1) For the first time, a fine of 50 RMB per cubic meter of the other accepted waste shall be imposed, and the total penalty shall not exceed 50,000 RMB;

   (2) For the second time or more, the fine for every cubic meter shall be twice of the previous time.

  Where a construction waste acceptance site has committed more than five illegal activities as provided in the preceding paragraph within one year, the urban administration department shall revoke the license to accept construction waste according to law.

  The burden of the expenses for cleaning provided in this Article shall refer to the provisions of Article 34 of these Measures.

  Article 44 Where a construction waste acceptance site, in violation of the provision of Paragraph 1, Article 26 of these Measures, does not implement cleaning measures and pollutes the surrounding environment, the urban administration department shall order to clean within a prescribed time period, and impose punishment according to the following provisions:

    (1) For the first time, a fine of 50 RMB per square meter of the polluted area shall be imposed, and the total penalty shall not exceed 50,000 RMB;

   (2) For the second time or more, the fine for every square meter shall be twice of the previous time.

  Where a construction waste acceptance site, in violation of the provision of Paragraph 2, Article 28 of these Measures, continues to accept construction waste after reaching its planned capacity, or fails to carry out the closure according to the plan, the urban administration department shall order to rectify within a prescribed time period and impose a fine of 50,000 RMB.

  Article 45 Where the owner or the property service unit, in violation of the provision of Paragraph 2, Article 17 of these Measures, entrusts vehicles without the certificates for transporting goods on the road or the transportation certificates to transport sporadic construction waste, the urban administration department shall order the illegal activitiesto be stopped and impose a fine of 3,000 RMB.

  Where the owner or the property service unit, in violation of the provision of Paragraph 1, Article 17 of these Measures, stacks sporadic construction waste in the uniform site for more than 48 hours, the urban administration department shall order to rectify and give a warning; if the owner or the property service unit fails to rectify, a fine of 500 RMB shall be imposed.

  Where, in violation of the provision of Paragraph 1, Article 17 of these Measuresthe sporadic construction waste does not be transported to legal acceptance sites, the urban administration department shall order the illegal activities to be stopped, and impose a fine of 3,000 RMB per vehicle every time on the owner of the vehicle.

  Where, in violation of the provision of  Paragraph 2, Article 17 of these Measuressporadic construction waste is transported without the transportation certificate, the urban administration department shall order the illegal activities to be stopped, and impose a fine of 3,000 RMB per vehicle every time on the owner of the vehicle.

  Article 46 Where the duplicate forms system for construction waste is violated, in one of following circumstances, the department of construction, urban administration shall order the illegal activities to be stopped and impose a fine according to their respective duties:

    (1) For forgoing, altering without authorization or changing duplicate forms, a fine of 10,000 RMB shall be imposed;

   (2) For refusing to implement the system of duplicate forms, a fine of 30, 000 RMB shall be imposed;

   (3) For violating other specific provisions of duplicate forms administration, a fine of 500 RMB per vehicle every time shall be imposed.

  If a construction unit or a builder violates the provisions of the preceding paragraph, it shall be punished by the construction department; if an acceptance site (except for backfilling) violates the provisions of the preceding paragraph, it shall be punished by the urban administration department; if the construction department or the urban administration department finds that a transportation unit has activities violating duplicate forms administration, they shall inform the transportation department to record the activities of the transportation unit in the bad behavior record.

  Where a fine is imposed on the unit in accordance with the provisions of this Article, a fine of 5,000 RMB shall be imposed on the direct responsible persons for the duplicate forms administration.

  Article 47 Where the departments of construction, transportation, traffic police and urban administration and their staff fail to perform their duties or perform their duties incorrectly in the course of supervision, administrative liabilites shall be pursued according to law; where a crime is involved, it shall be transferred to the judicial authority for handling according to law.

   

  Chapter Seven Supplementary Provisions

   

  Article 48 Where stream (liquid), sand or stone, fly ash, slag or other raw materials or waste are leaked or dumped in disorder during the course of transportation, resulting in road pollution, the transportation department and the urban administration department shall deal with them separately according to law in accordance with the provisions of Item 1 of Article 42 of these Measures.

  Where no cleansing measures are taken at cargo yards, parking lots, concrete mixing yards, mines, quarries, sand yards or earth fetching yards, resulting in environmental pollution around them, the urban administration department shall deal with the environmental pollution according to the provisions of Paragraph 1of Article 40 of these Measures in accordance with law.

  The construction waste without owner that has not been cleared before the implementation of these Measures shall be organized to clean according to the provisions of these Measures.

  Article 49 When calculating the fine against illegal activities in accordance with the provisions of these Measures, construction waste discharged, causing pollution or accepted illegally, or other garbage accepted illegally which is less than 1 square meter (cubic meter) shall be calculated as 1 square meters (cubic meter).

  Article50 These Measures shall take effect as of January 1, 2014. Measures of the Shenzhen Special Economic Zone on Management of the Refuse and Clay Residue, which was promulgated on April 3, 1998 as Decree No. 70 of the Shenzhen Municipal People’s Government and was revised on August 26, 2004 by Decree No. 135 of Shenzhen Municipal People's Government, shall simultaneously be annulled.