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462 Measures of Shenzhen Municipality on Administration of Renewable Resources Recovery 深圳市再生资源回收管理办法

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 120th meeting of the Standing Committee of the 4th Shenzhen Municipal People's Government on Dec.12,2008)

  Article 1 To strengthen the management of renewable resources recovery industry, regulate the activities of renewable resources recovery, and to promote the sustainable development of city's economy and society, the Measures of Shenzhen Municipality on Administration of Renewable Resources Recovery are formulated in accordance with the relevant laws and regulations and in light of actual circumstances of Shenzhen Municipality (“the Measures”).

  Article 2 The renewable resources herein refer to all kinds of wastes that are generated in social production and life consumption, and that lose all or part of their use value, but can regain use value through recovery and processing.

  Renewable resources include scrap metal, discarded mechanical and electrical equipment and their parts, waste raw materials in papermaking (such as waste paper and cotton), waste materials for light chemical industry (such as rubber, plastics, packing of pesticide, animal bones and hairs), waste glass and so on.

  The business operations of renewable resources recovery mentioned herein refer to the purchase, storage, sorting, packaging, sale and other activities regarding renewable resources.

  Article 3 Enterprises and individual businesses that are undertaking the business operation of renewable resources recovery in Shenzhen Municipality (hereinafter referred to as "business operators"), as well as entities and individuals that are undertaking the management business shall comply with the Measures.

  Where there are specific laws and regulations regarding administration on recovery of radioactive wastes, discarded electronic products, hazardous wastes and discarded automobiles, such specific laws and regulations shall prevail.

  Article 4 The government encourages entities and individuals to accumulate and sell renewable resources, and plans to set specific areas for storing renewable resources gradually, as well as specific sites for renewable resources in commercial and residential areas (hereinafter referred to as recovery sites), with a view to leading to the healthy development of renewable resources recovery industry.

  The special areas for renewable resources include the sorting areas of renewable resources specially planned by the government and the temporary areas set by the district government and the administrative committee. The nature of the land used for sorting out renewable resources specially planned by the government shall not be changed without authorization.

  Article 5 The recovery of renewable resources shall be subject to local management. The governments and administrative committees of all districts shall be responsible for the construction and management of the special areas, and shall, in conjunction with the departments of land administration, allocate temporary areas for the recovery of renewable resources within the jurisdictions.

  The municipal and district departments and relevant departments of administrative committee shall exercise strict management, and their specific responsibilities in the management of renewable resources recovery are expressed as follows:

  (1) the trade and industry department shall be the competent authority in charge of the recovery of renewable resources and shall be responsible for formulating development plans for the renewable resources recovery industry, drafting policies and implementing the relevant state, provincial and municipal policies regarding the recovery of renewable resources. It shall guide, standardize and support the development of renewable resources recovery industry, and provide guidance for the establishment and development of industrial self-regulatory organizations;

  (2) the administrative departments for industry and commerce shall be responsible for the registration and annual inspection of the business operators, and shall investigate and impose punishment on the business operators for operations beyond the business scope;

  (3) public security authorities shall be responsible for guiding the public security management of renewable resources recovery business, and shall, in accordance with the law, rectify, investigate and punish illegal and criminal acts such as forced transaction, the infiltration of illegal forces, purchase and sale of stolen goods;

  (4) the fire departments of public security authorities shall be responsible for the supervision and inspection of the renewable resources recovery sites regarding fire safety in accordance with law;

  (5) the urban management and comprehensive law enforcement departments shall be responsible for the investigation and punishment of renewable resources recovery business without license;

  (6) the safety supervision departments shall be responsible for the supervision of business operators of renewable resource recovery regarding the production safety;

  (7) the environmental protection departments shall be responsible for the supervision and administration of the prevention and control of environmental pollution in the recovery of renewable resources, and shall, in accordance with law, make punishment against violation of the laws, regulations and rules regarding the prevention and control of environmental pollution;

  (8) the planning departments shall be responsible for the implementation of the planning of special areas for the centralized sorting of renewable resources;

  (9) the land administration departments shall be responsible for the implementation of the planning of business areas for renewable resources recovery, and shall go through the relevant formalities according to the type of land use;

  (10) the administrative departments of housing lease shall be responsible for supervising and administering whether the premises rent by the business operators of renewable resources recovery are used for purposes other than those have been registered or filed, and whether there are any expanded lease areas without registration or filing.

  Where there are any provisions in laws, regulations and rules specifying other duties of relevant departments regarding the management of renewable resources recovery industry, such provisions shall prevail.

  Article 6 The planning and design of newly built residential areas shall reserve space as recovery sites in accordance with the development plan of renewable resources industry, and such sites may be planned in conjunction with the collection and transportation facilities of domestic waste.

  Residential areas that have been built may, in a legal way, entrust the property management enterprise to allocate recovery sites in accordance with the development plan of the renewable resources industry, or to recover the renewable resources; where the property management enterprise cannot allocate the recovery sites, the mobile recovery sites may be set up upon negotiations between the subdistrict office and the owner committee, with the renewable resources in the domestic waste being recovered by the personnel assigned by recovery sites nearby at a fixed time and in a fixed place.

  The measures for the registration of recovery sites shall be formulated separately by the municipal government.

  Article 7 Business operators of renewable resources who set up recovery stations of renewable resources (hereinafter referred to as recovery stations) may carry out activities such as the purchase, storage, sorting, packing and sale of renewable resources, and the production and operation premises of recovery stations shall:

  (1) obtain permission for environmental protection in accordance with law;

  (2) obtain fire protection inspection acceptance or file at relevant authority in accordance with law;

  (3) locate on the ground floor of a special area, an industrial land or an industrial factory building.

  When applying for registration with the administrative departments for industry and commerce, the business operators shall submit documents proving that the production and operation premises of recovery stations have met the above requirements.

  Article 8 The recovery stations shall not be established within the parks, the management scopes of rivers, the areas within 500 meters surrounding the storage areas of dangerous goods and the corridors of high voltage electricity (including the areas within 15 meters immediately surrounding the vertical projection of the traverse leg of 220 kV high voltage electricity and the areas within 20 meters immediately surrounding the vertical projection of the traverse leg of 500 kV high voltage electricity).

  Activities that may pollute the environment, such as the dismantling, processing and utilization of renewable resources, shall be prohibited within the scope of water protection zones.

  The departments of urban management, water affairs, safety supervision and environmental protection shall, within the scope of their respective duties, investigate and punish business operators who violate the provisions of above two paragraphs of this Article in accordance with law.

  Article 9 Where the business operators go through the registration or amendment with the administrative departments for industry and commerce , relevant information shall be shared in real-time with the trade and industry departments, public security departments, fire departments of public security authorities, environmental protection departments and safety supervision departments through network.

  Business operators engaged in the recovery of scrap metal used for production shall submit record-filing for business license and changes of registration with the department for industry and commerce within 15days from the date of occurrence of such changes to the public security authorities.

  Article 10 Business operators shall immediately make reports to the public security authorities if they, in the business activities, find any goods prohibited by the state from being purchased or sold by individuals, suspected stolen goods and stolen goods reported by the public security authorities for investigation.

  The public security authorities shall retain the stolen goods or suspected stolen goods found by the business operators in the business activities in accordance with law. If the suspected stolen goods are found not to be the stolen goods, they shall be returned in a timely manner in accordance with law. If the suspected stolen goods are determined to be the stolen goods, the disposal of them shall be subject to the relevant rules.

  Article 11 Where a business operator recovers scrap metal used for production, it shall check the certificate of source and truthfully record the name of the seller and the name, address and identity card number of the transactor as well as the name, quantity and specification of the goods for sale.

  When purchasing the scrapped municipal public facilities or scrapped facilities used for electric power, telecommunication, radio and television, railway, oil field, water conservancy, surveying and mining, business operators shall ask the seller to provide the scrapping certificate issued by the administrator of such municipal public facilities or the original owner or administrator of such facilities used for electric power, telecommunication, radio and television, railway, oil field, water conservancy, surveying or mining, and shall truthfully record the name of the seller and the name, address and identity card number of the transactor or the individual, as well as the name, quantity and specification of the goods for sale; where the seller fails to provide a scrapping certificate, no such purchase could be allowed. Measures for the identifying scrapped municipal public facilities or scrapped facilities used for electric power, telecommunication, radio and television, railway, oil field, water conservancy, surveying and mining shall be formulated separately by the municipal government.

  The retention period of registered information shall not be less than 2 years.

  Article 12 Business operators shall, in the course of business operation, abide by the following safety management rules:

  (1) establish and improve the responsibility system for production safety and formulate complete rules and processing rules for production safety;

  (2) designate safety management personnel, distribute and use labor protective equipment, and ensure that the employees are qualified in production safety training;

  (3) production and operation premises and staff dormitories shall be equipped with unobstructed exits qualified to the requirements of emergency evacuation with clear marks, which shall be prohibited from being closed or blocked;

  (4) other provisions regarding production safety prescribed by laws, regulations and rules.

  Business operators shall, in the course of business operation, abide by the following fire safety rules:

  (1) formulate the fire safety system and operation rules, formulate plans for fire extinguishing and emergency evacuation, and establish fire-control files;

  (2) allocate fire-control facilities and equipment in accordance with the relevant provisions of the state, set up signs regarding fire-control safety, and organize inspection and maintenance on a regular basis to ensure that they are intact and effective;

  (3) ensure the smooth passage of fire engines and ensure that fire prevention and smoke prevention zones and fire prevention spacing meet the requirements of technical standards for fire-control;

  (4) other provisions regarding fire safety prescribed by laws, regulations and rules.

  Where a business operator discharges waste water, waste gas, noise and other pollutants in the course of production and business operation, the business operator shall, in accordance with law, apply to the environmental protection department for a pollutant discharge permit. Business operators shall discharge pollutants in accordance with the requirements of pollutant discharge permits.

  Business operators shall keep their business premises clean and shall not make surrounding environment untidy.

  Article 13 The storage of recovered renewable resources shall comply with the following provisions:

  (1) the storage containers, facilities and areas shall meet the requirements of safety and environmental protection;

  (2) the names of renewable resources shall be marked in prominent locations of storage containers, facilities and areas;

  (3) different types of renewable resources shall be stored separately;

  (4) the storage equipment shall be equipped with devices which can prevent the inflow and infiltration of surface water, rainwater and groundwater;

  (5) the storage shall be equipped with facilities which can prevent surface water, underground water, air and soil from being polluted by waste liquid, waste gas and stench in storage facilities.

  Business operators with applicable conditions shall install video surveillance at the entrances and exits of the business premises and at the main trading places, and the video recording shall be kept for reference for 30 days and shall not be edited or deleted.

  Article 14 In the course of transporting renewable resources, the carrier shall prevent them from polluting the environment or endangering human health by ways such as scattering, splashing, spillage, odor diffusion, explosion, etc. Different types of renewable resources shall not be mixed in the course of transportation.

  In case of any leakage in the course of transportation, the carrier shall immediately take emergency measures to clean up and protect the environment.

  Article 15 Departments which are responsible for supervision in accordance with laws, regulations and the Measures shall, in accordance with laws, regulations and rules, inspect whether the business operators abide by the laws, regulations and the Measures regarding public security, fire control, production safety and environmental protection, and shall share the result of inspection to the trade and industry departments through government information system.

  The trade and industry departments shall inform the relevant departments of the operation and management conditions of renewable resources recovery industry every year, and shall coordinate with the law enforcement departments to promote the exchange of information.

  Article 16 A business operator who commits any of the following acts shall be punished by the public security authorities, the fire-control departments of public security authorities, the administrative departments of housing lease or other relevant departments in accordance with law, and the relevant conditions of such punishment will be shared with the trade and industry departments through government information system:

  (1) where the potential risks of fire safety in the recovery stations have not been rectified as required;

  (2) where the production and operation premises are provided for accommodation;

  (3) where the business operator purchases or sells the stolen goods or purchases municipal public facilities or electric power, telecommunication, radio and television facilities without scrapping certificate;

  (4) where the business operator purchases hazardous waste, radioactive waste, items that are strictly controlled or medical waste without license, and thus violate laws and regulations;

  (5) where the business operator fails to file or register the lease contract when leasing premises or the filing or registration of the lease contract is not true and authentic;

  (6) any other acts of business operators which violate laws, regulations or rules.

  Article 17 Where a business operator violates Articles 8 and 12 of the Measures, departments of urban management and comprehensive law enforcement, water affairs, safety supervision, environmental protection, fire control, public security, administrative departments for industry and commerce shall, within the scope of their respective duties and in accordance with relevant laws, regulations and rules, impose penalties and order such a business operator to make rectification within a time limit.

  Article 18 Where a business operator, in violation of Article 10 herein, fails to make a report to the public security authorities when finding any goods prohibited by the state from being purchased or sold by individuals, suspected stolen goods and stolen goods reported by the public security authorities for investigation, the business operator shall be given a warning and be imposed with a fine of 10,000 yuan by public security authorities; in case such acts lead to any serious consequences or such a business operator has been punished more than two times (including two times) for such acts within two years, a fine of 30,000 yuan shall be imposed; if such a business operator is suspected of a crime, the business operator shall be subject to criminal responsibility.

  Article 19 Where a business operator, in violation of the paragraph 1 of Article 11 herein, fails to make authentic registration when purchasing scrap metal used for production or the registration information thereof is incomplete, or where such a business operator, in violation of the paragraph 2 of Article 11 herein, purchases municipal public facilities or electric power, telecommunication, radio and television, railway, oil field, water conservancy, surveying or mining facilities without scrapping certificate, or fails to make authentic registration when purchasing the scrapped facilities aforementioned or the registration information thereof is incomplete, the business operator shall be given a warning and be imposed with a fine of 10000 yuan by public security authorities; in case such acts lead to any serious consequences or such a business operator has been punished more than two times (including two times) for such acts within two years, a fine of 30,000 yuan shall be imposed; if such a business operator is suspected of a crime, the business operator shall be subject to criminal responsibility.

  Article 20 If the staff of the relevant department, in violation of the Article 15 of the Measures, fails to perform his/her inspection duties, the person in charge shall be given a warning or be given a demerit according to the circumstances; if there are serious consequences, the person in charge and his/her supervisor shall be punished in accordance with the Regulations on the Disciplinary Actions against Civil Servants of Administrative Authorities. Where the person concerned is suspected of crime, he/she shall be transferred to the judicial authorities in accordance with law.

  In the supervision and administration of the recovery of renewable resources, where any staff of relevant departments neglect the duties, abuse the power, malpractice for personal gain or infringe upon the legitimate rights and interests of business operators, they shall, in accordance with law, be punished by the departments respectively, the supervisory authorities or the competent departments at a higher level; if such staff are suspected of crimes, they shall be transferred to the judicial authorities in accordance with law.

  Article 21 The Measures shall enter into effect as of February 1, 2009. The Measures of Shenzhen Municipality on Administration of Renewable Resources Recovery issued by Shenzhen Municipal People's Government on December 10, 2004 (Shen Fu [2004] No. 214) shall be repealed at the same time.