Chapter One General Provisions
Article 1 For the purpose of strengthening supervision of construction and demolition waste, promote waste reduction and comprehensive utilization, protect and improve the ecological environment, these Measures are formulated in accordance with the relevant laws and regulations and the actual conditions of Shenzhen Municipality.
Article 2 These Measures shall apply to the disposal of construction and demolition waste, including but not limited to discharge, transport, transfer, backfilling, handling and utilization, as well as supervision and administration thereof, within the jurisdiction of Shenzhen Municipality.
Construction and demolition waste (CDW) mentioned in these Measures refers to all types of waste generated during the construction, renovation, expansion and removal of all kinds of buildings, structures, pipes and traffic infrastructure, refurbishment and other engineering construction activities. CDW can be divided into five categories: construction dregs, demolition waste, construction slurry, construction waste, and decoration waste.
CDW handling sites mentioned in these Measures include fixed handling sites, comprehensive utilization plants, temporary handling sites, backfilling sites and water transshipment facilities.
Where the laws or regulations have any other CDW provisions, such provisions shall prevail.
Article 3 CDW disposal shall follow the principle of producers responsible for disposal, and practice waste reduction, reuse and recycling. Environmental protection measures including but not limited to dust prevention and control shall be implemented in accordance with law to prevent environmental pollution.
Article 4 The Municipal People's Government shall be responsible for overall planning, coordination and guidance of CDW management, establishment of CDW disposal objectives, and relevant evaluation and assessment.
The District People's Governments (including the administrative committees of New Districts, same below) shall be responsible for the establishment of CDW disposal objectives within their respective jurisdiction, the implementation of regulatory measures on CDW discharge, transport and handling, and the overall planning, coordination and decision-making for the important and difficult issues in the CDW management.
Article 5 The municipal construction administrative department shall be the competent department of CDW management, responsible for the overall administration of CDW discharge and handling.
The competent administrative departments of construction (hereinafter referred to as "construction departments") shall be responsible for the review and approval of CDW discharge permits for construction projects within their jurisdiction, holding project owners and construction organizations accountable for illegal CDW disposal in accordance with law, supervising construction sites and urging the construction organizations to construct in a civilized manner; making plans for handling sites (except temporary handling sites, backfilling sites and water transshipment facilities) together with the planning & natural resources and other relevant departments, and supervising the operation and management of handling sites, including CDW handling and compliance with the system of forms in duplicate.
Article 6 The administrative departments of transport (hereinafter referred to as "transport departments") shall be responsible for the review and approval of the CDW discharge permits for construction projects within their jurisdiction, supervising construction sites and urging the construction organizations to construct in a civilized manner, filing the records of the CDW transport organizations and vehicles, and regulating the violations of CDW transport organizations and vehicles in road transport, and illegal disposal of CDW from transport projects.
Article 7 The administrative departments of water (hereinafter referred to as "water departments") shall be responsible for the review and approval of the CDW discharge permits for construction projects within their jurisdiction, supervising the construction sites and urging the construction organizations to construct in a civilized manner, and regulating the illegal dumping of CDW to water supply and drainage facilities, rivers, reservoirs, ditches, etc. within their jurisdiction and illegal disposal of CDW from water projects.
Article 8 The competent administrative departments of planning and natural resources (hereinafter referred to as "planning & natural resources departments") shall be responsible for incorporating the CDW handling sites into the territorial space plan and guaranteeing land for such projects as a top priority, the review and approval of fixed handling site projects in accordance with law, optimizing the planning and design of construction projects, and reducing CDW discharge.
Article 9 The departments of urban administration and law enforcement (hereinafter referred to as "urban administration & law enforcement departments") shall be responsible for investigating and handling the following acts that harm city appearance, environment and sanitation, including but not limited to spill or leakage and illegal dumping of CDW during disposal, and illegal dumping of CDW to green space, woodland and parks within their respective jurisdiction, and enforcing laws on CDW matters that are subject to urban administration & law enforcement.
Article 10 The traffic administration departments of public security authorities (hereinafter referred to as "traffic police departments") shall be responsible for issuing travel permit to CDW transport vehicles for prohibited road sections, and investigating and handling road traffic violations of CDW transport vehicles in accordance with law.
The ecology and environment administrative departments (hereinafter referred to as "ecology & environment departments") shall be responsible for the supervision and management of CDW pollution prevention and control, and investigating and handling illegal dumping of CDW to water-body and sources of drinking water together with other relevant departments in accordance with law.
The administrative departments for development & reform, finance, market regulation, industry and information technology, emergency supervision, marine, land inspection, etc. shall implement these Measures according to their duties.
Article 11 The municipal construction department shall, together with the municipal departments in charge of planning & natural resources, transport, water, traffic police, urban administration & law enforcement, ecology & environment, and District People's Governments, establish a comprehensive information platform for CDW management (hereinafter referred to as the "information platform") and relevant administrative systems.
The municipal construction department shall perform overall administration of CDW discharge, transport and handling through the information platform. The relevant departments shall enter the following regulatory information into the information platform, including but not limited to review and approval, record filing and punishment relating to CDW discharge, transport and handling, and notify the competent departments in charge of other violations found in the regulatory process for investigation and punishment, so as to achieve real-time sharing of administration information.
Article 12 The CDW disposal shall be subject to the management system of electronic forms in duplicate. An electronic project archive will be generated after the CDW discharge permit or the discharge record filed by comprehensive utilization plants is recorded by the information platform, and electronic form numbers will be generated in turn based on the archive number.
The system of paper forms in duplicate shall apply when organizations use other vehicles to transport CDW in special shapes and structures (e.g. support beam), construction slurry for reuse between construction sites and other Special CDW (hereinafter referred to as "Special CDW"). The municipal construction department shall develop a template of paper forms in duplicate.
The forms in duplicate shall contain the necessary management information, including but not limited to discharging organizations, transport organizations and transport vehicles, vehicle load upon leaving, driving route, and handling sites, covering the period from the point when transport vehicles leave the construction sites or comprehensive utilization plants to their arrival at the designated handling sites. Construction organizations, organizations transporting Special CDW, and handling sites shall designate supervisors, drivers or other personnel to verify and confirm the information in forms in duplicate on matters for which they are responsible respectively. The person who confirms the information shall be the person directly responsible for the supervision through forms in duplicate.
The departments of construction, transport and water shall supervise the implementation of the system of electronic forms in duplicate through the information platform, and investigate and handle violations of this system.
Chapter Two Discharge Administration
Article 13 The quota system shall apply to CDW discharge from construction, renovation and expansion projects. The municipal construction department shall be responsible for developing technical specifications for CDW discharge quotas of construction projects.
Article 14 The project owners and construction organizations shall, in the bidding documents, construction contracts, construction management plans and design contracts, specify requirements and measures for reducing the discharge of CDW at construction sites, requirements and measures for construction organizations in terms of discharge, disposal by CDW types and prohibition of mixed discharge of CDW at construction sites in accordance with rules, and related requirements for using products of comprehensive CDW utilization; and set out liabilities for breach in the contracts accordingly.
The construction drawings and design documents issued by the design organizations shall include optimized plans, vertical elevation within the project scope and the earthwork balance design of the construction project, and the design of CDW discharge reduction, to comply with the requirements of the CDW discharge quota and technical specifications. The departments of construction, transport and water shall verify the compliance of construction drawings and design documents with the requirements above according to their duties during the spot check.
The supervising organizations shall incorporate the relevant requirements and measures in the preceding paragraph to the supervision.
Article 15 For construction, renovation and expansion projects and removal and refurbishment projects, construction organizations shall draw up CDW discharge and disposal plans in accordance with regulations and rules and technical specifications of Shenzhen on CDW discharge reduction and utilization.
The CDW discharge and disposal plans shall include the basic information of construction project, type and quantity of CDW, CDW control plans and reduction measures, on-site classification and comprehensive utilization plans, and pollution prevention and control measures.
Article 16 Where CDW from construction, renovation and expansion projects and removal and refurbishment projects needs to be discharged into areas beyond construction sites, the construction organization shall apply for CDW discharge permits from the departments of construction, transport and water respectively according to their duties before the discharge.
The construction organization shall provide the following materials when applying for CDW discharge permits:
(1) Documents regarding land use, site leveling, removal, refurbishment and construction of buildings (structures), and road excavation as issued by the departments of planning & natural resources, construction, transport, water, etc.;
(2) CDW discharge and disposal plans;
(3) Transport contracts with transport organizations which have been filed for record according to these Measures, containing the quantity and license plate numbers of carrier vehicles owned by transport organizations; in the case of discharging Special CDW, transport contracts with other transport organizations, containing the type and quantity of Special CDW, and type, quantity and license plate numbers of carrier vehicles;
(4) Documents with consent of handling sites, unless the handling sites issued certificates under the circumstances specified in Article 42 and 43 hereof.
In addition to the provisions of the second paragraph, the construction organizations of removal projects shall also submit materials related to comprehensive CDW utilization from the operators and managers of comprehensive CDW utilization plants (hereinafter referred to as "comprehensive utilization companies") which have filed records in accordance with the provisions hereof.
Where the departments of construction, transport and water can obtain the materials in the second paragraph through data sharing and online information verification, there is no need for resubmission after construction organizations have confirmed relevant information by signing and sealing.
Article 17 The departments of construction, transport and water shall decide on the discharge permit within 15 working days after accepting the application. In case of approval, they shall issue approval documents and the template of paper forms in duplicate to construction organizations discharging Special CDW; in case of refusal, they shall notify applicants of the reasons in writing. The approval document shall state the type and quantity of CDW, transport organizations, license plate numbers of carrier vehicles and handling sites.
The construction organizations shall dispose CDW in accordance with the approval document, and print paper forms in duplicate when necessary. Where the information in the approval document changes, the applicants shall follow the modification procedure by submitting relevant materials, and shall not discharge CDW until the original approval departments grant new approvals.
Altering, reselling, leasing, lending or otherwise illegally transferring the approval document for CDW discharge is prohibited.
Article 18 For construction, renovation, expansion projects and refurbishment projects, construction organizations shall manage the discharge by CDW type at the construction sites according to the following requirements:
(1) Collecting and transporting CDW by construction dregs, construction slurry, construction waste and decoration waste in the entire construction process according to the on-site classification method specified in the CDW discharge and disposal plan, and setting up management records for discharge by CDW type;
(2) For construction slurry, separating slurry from water, and then performing on-site sedimentation, dewatering and drying treatment;
(3) Implementing dust prevention, seepage control, earth slide prevention and other measures if backfilling cannot be completed or CDW cannot be cleared away in a timely manner.
Construction organizations conducting pipe laying, road excavation, pipe cleaning, greening and other similar projects shall set up fences in construction operations, take effective cleaning measures, and clean up the remaining CDW and transport them to handling sites within 48 hours after the completion of construction.
Article 19 For removal projects, construction organizations shall manage the CDW discharge by type at the construction sites according to the following requirements:
(1) Collecting and transporting waste removed in the entire construction process by type according to the CDW discharge and disposal plan, and setting up management records for CDW discharge by type;
(2) Implementing the comprehensive utilization measures according to the CDW discharge and disposal plan;
(3) Implementing dust prevention, earth slide prevention and other measures if CDW cannot be cleared away in a timely manner.
Article 20 If the CDW can be comprehensively utilized, construction organizations shall hand it over to comprehensive utilization companies for disposal.
CDW shall be utilized comprehensively on the construction site as long as it is practical for the project. Before comprehensive utilization companies start to comprehensively utilize CDW on site, they shall send the relevant materials to the construction department in the district where the project is located, including but not limited to the consent of project owner on on-site mobile disposal, and the quantity, model and process of production equipment used for on-site mobile disposal; the comprehensive utilization companies shall regularly report the quantity, type and output of CDW disposed on site, and the whereabouts of products derived from such CDW.
Article 21 Where comprehensive utilization companies need to discharge the CDW that is unlikely to be utilized further, they shall submit the transport contracts with transport organizations which have filed the records according to these Measures, documents with consent of handling sites and other materials, to file the record for discharge with the district construction department before discharging the CDW.
If the record filing requirements are met, the district construction department shall issue documents for record filing within ten working days; if such requirements are not met, the district construction department shall notify the applicants of all materials to be supplemented or revised in a one-off manner. The discharge document for record filing of comprehensive utilization companies shall state the type and quantity of CDW, transport organizations, license plate numbers of carrier vehicles, and handling sites.
If information in the record filing document changes, the comprehensive utilization companies shall apply for modification within 15 days from the date of the change.
Article 22 Construction organizations and comprehensive utilization companies shall take the following measures to strengthen the environment and sanitation management at or around the construction site and the factory area and their entrance and exit:
(1) Hardening inside of the entrances and exits of the construction site or the factory area;
(2) Setting up flush tanks and high-pressure flushing equipment and flushing and inspecting the vehicles leaving the site (factory). Untidy vehicles or vehicles with mud on wheels or body, and over-dimensional and overloaded vehicles are not allowed to leave the site. If the flush tank cannot be established in accordance with standards as limited by on-site conditions, it is necessary to explain to the construction supervision department and provide solutions.
(3) Setting up drainage and sedimentation facilities to prevent the outflow of slurry, sewage and wastewater. Slurry, sewage and wastewater can only be discharged into the municipal drainage pipes if they meet the standards after treatment;
(4) Construction slurry and construction dregs with a moisture content of over 40% shall be precipitated, dried or solidified before transported to the designated handling sites. Without precipitation, dehydration and drying, the above-mentioned CDW shall not be allowed to be transported out of the site (factory), with the exception of construction slurry reused among sites.
Construction organizations and comprehensive utilization companies shall install video surveillance system and automatic vehicle identification system at the entrances and exits of construction sites or factory areas to monitor the entry and exit of CDW transport vehicles in real time. The video records shall be retained for three months.
Article 23 Construction organizations and comprehensive utilization companies shall have supervisors to manage CDW discharge by type at the construction site, the exit of vehicles in order, whether vehicles are over-dimensional and overloaded, and to check and confirm the information of electronic forms in duplicate.
If paper forms in duplicate are used for management, construction organizations shall truthfully fill in the forms before the CDW is transported out of the construction site, and hand the forms over to the transport organizations to take them with the vehicles after being signed and confirmed by the supervisor, and keep a form for reference after the paper forms completed the process.
If the information on the forms in duplicate is not confirmed by the supervisor, the CDW shall not be transported out of the site (factory).
Chapter Three Transport Supervision
Article 24 Individuals shall not engage in the CDW transport business. Organizations engaged in the CDW transport shall meet the following requirements and file the record with the transport department:
(1) Obtaining the Road Transport Operation Permit;
(2) Obtaining the Vehicle License, Road transport Permit, and certificate of vehicle inspection for CDW transport vehicles, and making sure that they meet the technical specifications and management requirements of CDW transport in Shenzhen;
(3) Making sure that the number of drivers is consistent with the number of vehicles and that the drivers have passed the traffic safety training organized by relevant departments;
(4) Making sure that the drivers have more than three years of experience in driving large vehicles, and have no record of road traffic accidents causing death where the driver bears all or major responsibility;
(5) Having a sound enterprise management system which is effectively implemented.
If the record filing requirements are met, the transport department shall issue documents for record filing within 15 working days; if such requirements are not met, the transport department shall notify the applicants of all materials to be supplemented or revised in a one-off manner. The transport department shall timely issue and publicize information about the vehicles and drivers of the transport companies through the information system.
If the information in the record filing document changes, the transport organizations shall apply for modification within 15 days from the date of the change.
If the transport organizations use other vehicles to transport Special CDW, there is no need for record filing.
The specific provisions for the record filing of transport organizations, vehicles and drivers shall be formulated separately by the municipal transport department.
Article 25 The municipal transport department shall work with the municipal construction department to formulate technical specifications for CDW transport vehicles, which shall be implemented after being approved in accordance with the relevant rules.
Article 26 The transport organizations shall apply to the municipal traffic police department for the approval of the CDW transport route, with the approval or record filing document for CDW discharge. The municipal traffic police department shall, based on road traffic flow, needs of traffic management, level of traffic safety management of the company, and information on the prevention and control of environmental noise pollution provided by the ecology & environment department, make a decision within seven working days after accepting the application materials.
The municipal traffic police department shall work with the relevant municipal departments in charge of construction, urban administration & law enforcement, and ecology & environment to determine and announce the time of clearance for CDW transport vehicles.
Article 27 The transport organizations shall comply with the following provisions when transporting CDW:
(1) The transport vehicles on the road shall be clean and tidy, without mud on the wheels or body; they may not leak or spill CDW along the way;
(2) The transport vehicles shall follow the specified timetable and route, and may not exceed the limits in height, load and speed;
(3) The transport certificates and licenses shall be carried with the vehicle;
(4) The CDW shall be transported to the handling sites specified in the forms in duplicate;
(5) After the vehicles enter the handling sites, CDW shall be dumped under the command of personnel at the sites;
(6) The drivers who transport the Special CDW shall check and confirm the information of the forms in duplicate, and keep one form for future reference after the paper forms in duplicate are signed and confirmed by the handling site, return one form to the construction organization, and hand over the remaining forms to the handling site.
(7) Other requirements prescribed by laws, regulations and rules.
Article 28 The waterway transport organizations of CDW shall abide by the relevant regulations of waterway transport.
Ships carrying CDW shall meet the technical requirements, and ships with the open-body function shall not be used for carrying CDW. The transport vessels shall unload CDW at the legally registered dumping areas or handling points, and shall not leak, spill or dump CDW along the way.
Article 29 The municipal transport department shall regularly publicize information on CDW transport market, including but not limited to the number and capacity of CDW transport operators, and number of employees, so as to guide the healthy development of the CDW transport market.
Where there is an obvious overcapacity in the CDW transport market, the municipal transport department may comprehensively balance the city-wide CDW discharge demand, road traffic safety management and other factors, and take temporary regulatory measures regarding operators and transport capacity.
Chapter Four Handling Management
Article 30 The municipal construction department shall work with the municipal planning & natural resources department to develop a special plan for CDW handling sites, and submit the plan to the Municipal People's Government for approval in accordance with legal procedures. The land used for handling sites as determined by the plan may only be changed through legal procedures.
The District People's Governments shall, in accordance with the special plan for CDW handling sites, develop a construction plan for handling sites under their jurisdiction, and take responsibility for the organization and implementation.
Article 31 If a new fixed handling site for CDW will be built within the scope of the planned urban construction land, its examination, approval and supervision will follow the management model of construction projects.
If sites outside the scope of the planned construction land are used to handle CDW, the departments of development & reform, planning & natural resources, water and construction shall be responsible for the examination, approval and management of such projects according to their duties and such sites shall be managed as part of construction projects. The specific provisions shall be formulated separately by the municipal planning & natural resources department in conjunction with the municipal construction department.
The following areas shall not be used as fixed handling sites of CDW:
(1) Drinking water conservation areas;
(2) Source and recharge areas of central groundwater supply;
(3) Flood plain, spillway and the surrounding areas;
(4) Active collapse zone, undeveloped ore-bearing area, limestone pit, and karst cave area;
(5) Other areas where fixed handling sites are not allowed in accordance with law.
Article 32 The construction of fixed handling sites for CDW shall comply with the technical specifications and relevant provisions on the construction of fixed handling sites.
The project owner of fixed handling sites shall establish a safety monitoring and early warning system, and the monitoring data shall be uploaded to the information platform.
Article 33 No organization or individual may occupy or leave a fixed handling site for CDW unused, or close a fixed handling site for CDW, or change its purpose without authorization.
If a handling site can no longer handle CDW and needs to be closed after reaching the design landfill height and capacity or for other reasons, the project owner of the fixed handling site for CDW shall report to the construction department 30 days before the handling site stops handling CDW, and publicize the closure after verification by the construction department.
For a fixed handling site on the list of closure, the project owner shall have it assessed in terms of safety and stability, have the landfill pile and earth retaining dam surveyed and evaluated in terms of the overall stability, and have the site closed for greening, reclamation or leveling according to the special design, and finally conduct the acceptance check upon completion in accordance with law.
Article 34 After the acceptance check of a fixed handling site for CDW, the project owner shall appoint a third-party monitoring agency to continue monitoring the site. If the monitoring proves that the site complies with the requirements of the relevant technical specifications in terms of safety and stability, the project owner shall hand it over to the original land owner for management.
Article 35 The comprehensive utilization companies shall file the record with district construction departments and the following documents before handling CDW:
(1) Documents relating to land use;
(2) Approval documents from the ecology & environment department;
(3) Materials relating to CDW utilization plan and production process by type, and facilities and equipment compatible with the scale of operation for enclosed production, firefighting, pollution prevention and control;
(4) Materials relating to road-hardening and automatic vehicle identification system at the factory entrance and exit;
(5) Materials relating to calculations of CDW handling volume and cycle;
(6) Materials relating to sound business management systems in operation, safety, health and quality;
(7) Other materials prescribed by laws, regulations and rules.
If the record fi ling requirements are met, the district construction department shall issue documents for record filing within ten working days; if such requirements are not met, the district construction department shall notify the applicants of all materials to be supplemented or revised in a one-off manner. Documents for record filing shall contain such information as the type of CDW handled and annual design disposal capacity.
If the information in the record filing document changes, the comprehensive utilization companies shall apply for modification with relevant materials within 15 days from the date of the change.
Article 36 Comprehensive utilization companies shall comply with the following provisions in production and business activities:
(1) Using qualified measuring instruments, establishing complete production records in full compliance and regularly submitting the records to district construction departments;
(2) Establishing a production quality management system and ensuring that products of comprehensive CDW utilization comply with quality standards. The companies may not use other raw materials in the place of CDW as the main raw materials of products, nor adopt technologies, processes and equipment in the phase-out list to produce products of comprehensive CDW utilization;
(3) Other requirements prescribed by laws, regulations and rules.
Production records mentioned in the preceding paragraph shall state the source, quantity, type, comprehensive utilization process of CDW, and the output and the whereabouts of products.
Article 37 The construction departments shall work with departments in charge of finance and development & reform to formulate preferential policies on financial subsidies, land use arrangements, rent reduction and government procurement, to support and develop projects of CDW discharge reduction and comprehensive utilization and encourage R&D and utilization of new technologies, processes, materials, and equipment.
Comprehensive utilization companies shall enjoy preferential treatment and financial support in tax and fees, credit and other areas in accordance with law.
Article 38 A certification system shall apply to the products of comprehensive CDW utilization. If a third-party agency believes that the products of comprehensive CDW utilization meets the quality standards and technical specifications for application and other rules in production and application, such products shall be included in the directory of products of comprehensive CDW utilization and publicized by the municipal construction department in accordance with rules.
Article 39 The municipal construction department shall make a directory of products of comprehensive CDW utilization and their places of application. The documents of construction drawing and design for government-funded projects shall include products of comprehensive CDW utilization and their places of application, and these products shall be used in such projects as long as their technical specifications satisfy design requirements and have desirable functions. Privately-funded projects are encouraged to prefer products of comprehensive CDW utilization based on the directory.
Article 40 Where CDW is handled at temporary handling sites, backfilling sites and water transshipment facilities, the organization in charge shall file the record with district construction departments and the following documents:
(1) For temporary handling sites, approval documents issued by Municipal and District People's Governments or relevant departments; for backfilling sites, construction permits issued by departments of construction, transport and water; for water transshipment facilities, operation permits issued by the transport department or District People's Government, and documents from legally registered handling sites agreeing to handle CDW at a different place;
(2) Materials on the installment of automatic vehicle identification system at the entrances and exits of handling sites;
(3) Materials on a sound environment, sanitation and safety management system, and whether the sites are equipped with machinery and facilities for paving, rolling, dust removal and noise reduction, whether the road surface at the entrances and exits of the handling site is hardened and flushing and cleaning are done in accordance with rules.
(4) Materials relating to calculations of CDW handling volume and cycle.
If the record filing requirements are met, the district construction department shall issue documents for record filing within ten working days; if such requirements are not met, the district construction department shall notify the applicants of all materials to be supplemented or revised in a one-off manner. The record filing document for temporary handling sites and backfilling sites shall state the type and design volume of CDW handled, while the documents for water transshipment facilities shall state the type of CDW handled, annual design transshipment capacity, and handling sites at a different place.
If the information in the record filing document changes, the organization in charge shall apply for the modification within 15 days from the date of the change.
Article 41 The handling sites shall comply with the following provisions:
(1) Checking and confirming the source, type and quantity of CDW against the forms in duplicate before handling CDW; after the paper forms in duplicate are signed and confirmed, the handling sites shall keep one form for future reference, and submit the remaining forms to district construction departments at the end of each month;
(2) The handling sites shall not handle urban household waste, hazardous waste, mud, sludge or other industrial waste without prior approval; the fixed handling sites shall not handle construction dregs with a moisture content of over 40% and other CDW beyond the design capacity;
(3) Taking CDW classification measures and piling CDW within height and volume limits;
(4) Establishing complete CDW handling records in full compliance and regularly submitting the records to district construction departments;
(5) Publishing the discharge data of major pollutants and environmental monitoring data for supervision;
(6) No altering, reselling, leasing, lending or otherwise illegally transferring the record filing document;
(7) Other requirements prescribed by laws, regulations and rules.
Article 42 The municipal construction department shall incorporate the compliance of the handling sites with provisions on production safety, environment protection, quality management and handling rules into the comprehensive credibility system. If a handling site fails to pass the credibility evaluation, it shall not handle CDW within the prescribed period.
Article 43 Under any of the following circumstances, a handling site shall be prohibited from CDW handling:
(1) Reaching the design landfill height and capacity;
(2) Obtaining record filing document on handling by improper means including but not limited to concealing the facts and providing false certificates;
(3) Altering, reselling, leasing, lending or otherwise illegally transferring the record filing document on handling.
Chapter Five Supervision and Administration
Article 44 The departments in charge of construction, transport, water, traffic police, urban administration & law enforcement, and ecology & environment shall supervise and inspect the management of CDW within the scope of their duties through information verification and on-site inspection.
Article 45 Organization or individual shall not discharge or backfill a hybrid of domestic waste, hazardous waste and CDW.
Organization or individual shall not handle, dump, throw, pile up or bury CDW in public places and other non-designated sites.
Article 46 The municipal departments in charge of transport, construction and water shall establish and improve a comprehensive credibility system for CDW transport, building enterprises and handling sites.
Where relevant organizations are punished administratively for violation of these Measures, the municipal departments in charge of construction, transport, and water shall record such violations and enter such records in the corporate comprehensive credibility system and upload the records to the municipal public credibility service platform.
Article 47 The municipal departments in charge of construction, transport, water, traffic police, urban administration & law enforcement, and ecology & environment shall establish an information disclosure system on CDW disposal and publish information on classification, discharge, transport, comprehensive utilization and handling of CDW and pollutants discharge monitoring in accordance with law.
Article 48 Relevant industrial associations in building, construction, transport, city appearance, environment and sanitation and comprehensive utilization shall establish industrial self-disciplines, urge member organizations to strengthen management of CDW disposal, and impose corresponding disciplines on member organizations that violate self-disciplines.
Article 49 Organization or individual may report and complain about violations in CDW disposal through the unified reporting hotline set up by the Municipal People's Government. The competent administrative departments shall promptly investigate and handle the reported violations according to their duties, and notify the informant or complainant of the final decision within the prescribed time limit.
Chapter Six Legal Liability
Article 50 A construction organization that commits any of the following acts in violation of the provisions hereof shall be punished by the departments in charge of construction, transport and water according to their duties:
(1) Where any construction organization, in violation of the first paragraph of Article 16 hereof, discharges CDW outside construction sites without approval, it shall be ordered to stop the violation and given a fine of RMB100,000;
(2) Where any construction organization, in violation of the second paragraph of Article 17 hereof, discharges CDW beyond the approval, it shall be ordered to make corrections and given a fine of RMB100,000; in violation of the third paragraph of Article 17 hereof, it shall be ordered to make corrections and given a fine of no less than RMB30,000 but no more than RMB50,000;
(3) Where any construction organization, in violation of Article 18 or 19 hereof, fails to perform classified discharge at construction sites in accordance with rules, it shall be ordered to make corrections within a specified time limit; if no correction is made within the time limit, it shall be given a fine of RMB30,000, unless otherwise stipulated by laws and regulations;
(4) Where any construction organization, in violation of the first paragraph of Article 20 hereof, fails to provide CDW appropriate for comprehensive utilization to qualified comprehensive utilization companies, it shall be ordered to make corrections within a specified time limit; if no correction is made within the time limit, it shall be given a fine of no less than RMB5,000 but no more than RMB30,000.
Article 51 A comprehensive utilization company that commits any of the following acts in violation of the provisions hereof shall be punished as per the following provisions:
(1) Where a comprehensive utilization company, in violation of the first paragraph of Article 21 hereof, fails to file the record for CDW discharge in accordance with rules, it shall be ordered by the district construction department to make corrections and given a fine of RMB30,000; where a comprehensive utilization company, in violation of the third paragraph of Article 21 hereof, fails to apply for modification, it shall be ordered by the district construction department to make corrections and given a fine of RMB20,000;
(2) Where a comprehensive utilization company, in violation of the first paragraph of Article 35 hereof, fails to file the record for CDW discharge in accordance with rules, it shall be ordered by the district construction department to make corrections and give a fine of RMB30,000; where a comprehensive utilization company, in violation of the third paragraph of Article 35 hereof, fails to apply for modification, it shall be ordered by the district construction department to make corrections and given a fine of 20,000 yuan;
(3) Where a comprehensive utilization company violates subparagraph (1) of the first paragraph of Article 36 hereof, it shall be ordered by the district construction department to make corrections within a specified time limit; if no correction is made within the time limit, it shall be given a fine of no less than 5,000 yuan but no more than 20,000 yuan; where a comprehensive utilization company, in violation of subparagraph (2) of the first paragraph of Article 36 hereof, adopts technologies, processes and equipment in the phase-out list to produce products of comprehensive CDW utilization, the case shall be handled by relevant departments in accordance with law; where a comprehensive utilization company uses other materials instead of CDW as the main raw materials to produce products of comprehensive CDW utilization, it shall be ordered by the district construction department to make corrections with a specified time limit and surrender illegal gains in accordance with law; if no correction is made within the time limit, it shall be given a fine of no less than 50,000 yuan but no more than 100,000 yuan;
(4) Where a comprehensive utilization company, in violation of Article 38 hereof, obtains certification for products of comprehensive CDW utilization by improper means including but not limited to concealing facts or providing false certificates, it shall be given a fine of no less than 5,000 yuan but no more than 50,000 yuan by the municipal construction department and the certified products shall be removed from the directory on products of comprehensive CDW utilization.
Article 52 A construction organization or comprehensive utilization company that violates the provisions hereof by committing any of the following acts shall be punished by the departments in charge of construction, transport and water according to their duties:
(1) Where the construction organization or comprehensive utilization company violates Article 22 hereof, it shall be ordered to make corrections within a specified time limit; if no correction is made within the time limit, it shall be given a fine of 30,000 yuan; if laws, regulations or rules otherwise provide for punishments for over-dimensional and overloaded vehicles, such provisions shall prevail;
(2) Where the construction organization or comprehensive utilization company, in violation of Article 23 hereof, fails to have a supervisor manage the discharge of CDW by type at the construction site and the exit of vehicles according to rules, or ensure that vehicles are not over-dimensional and overloaded, it shall be ordered to make corrections and given a fine of 30,000 yuan; if the supervisor fails to check and confirm the information of electronic forms in duplicate, the organization shall be ordered to make corrections and given a fine of 500 yuan per vehicle for each violation; if laws, regulations or rules otherwise provide for punishment for over-dimensional and overloaded vehicles, such provisions shall prevail;
Article 53 Where an individual engages in the business of CDW transport in violation of the first paragraph of Article 24 hereof, it shall be ordered by the transport department to make corrections and surrender illegal gains, and given a fine equal to ten times the illegal gains; in case of no illegal gain, or an illegal gain less than 20,000 yuan, it shall be given a fine of no less than 30,000 yuan but no more than 100,000 yuan.
Article 54 A CDW transport organization that violates the provisions hereof by committing any of the following acts shall be punished according to the following provisions:
(1) Where a CDW transport organization, in violation of the first paragraph of Article 24 hereof, fails to file the record for CDW transport, it shall be ordered by the transport department to make corrections and given a fine of 30,000 yuan; where a CDW transport organization, in violation of the third paragraph of Article 24 hereof, fails to apply for modification, it shall be ordered by the transport department to make corrections and given a fine of 20,000 yuan;
(2) Where a CDW transport vehicle is not kept clean and tidy, with mud on the wheels or body in violation of subparagraph (1) of Article 27 hereof, the CDW transport organization shall be ordered by the urban administration & law enforcement department to make corrections and given a fine of 5,000 yuan per vehicle for each violation; where the vehicle leaks or spills CDW along the way, causing road pollution, the transport organization shall be punished by the urban administration & law enforcement department and transport department according to their duties; in violation of subparagraph (2) or (3), the transport organization shall be punished by the traffic police department and transport department in accordance with relevant rules; in violation of subparagraph (4), the transport organization shall be given a fine of RMB500 per vehicle for each violation by the departments of construction, transport and water according to their duties; in violation of subparagraph (5), the transport organization shall be ordered by the district construction department to make corrections and given a fine of 5,000 yuan per vehicle for each violation; in violation of subparagraph (6), the transport organization shall be given a fine of 500 yuan per vehicle for each violation by the transport department;
(3) Where a transport organization, in violation of Article 28 hereof, uses ships with open-body function or do not meet the technical requirements for carrying CDW, it shall be given a fine of 50,000 yuan per ship for each violation by the maritime administrative agency; in case of spill or leakage during CDW transport and illegal CDW dumping into waters, the case shall be handled by the maritime administrative agency in accordance with law.
Article 55 The project owner of a fixed CDW handling site that violates the provisions hereof by committing any of the following acts shall be punished according to the following provisions:
(1) Where the project owner, in violation of Article 31 hereof, builds a fixed CDW handling site without review and approval, the case shall be handled by relevant departments;
(2) Where the project owner violates Article 32 hereof, it shall be ordered by the district construction department to make corrections within a specified time limit; if no correction is made within the time limit, it shall be given a fine of no less than 10,000 yuan but no more than 50,000 yuan, unless otherwise stipulated by laws and regulations.
Article 56 Where any organization or individual, in violation of the first paragraph of Article 33 hereof, occupies or leaves a fixed handling site for CDW unused or change its purpose without authorization, it shall be ordered by the district construction department to make corrections and given a fine of 100,000 yuan, in case of an organization, or 1,000 yuan, in case of an individual; where any organization or individual closes a fixed handling site for CDW without authorization, it shall be ordered by the district construction department to make corrections and given a fine of no less than 5,000 yuan but no more than 50,000 yuan, in case of an organization.
Article 57 Where an organization in charge of a temporary handling site, backfilling site or water transshipment facility, in violation of the first paragraph of Article 40 hereof, fails to file the record for CDW handling, it shall be ordered by the district construction department to make corrections and given a fine of 30,000 yuan; where an organization in charge of a temporary handling site, backfilling site or water transshipment facility, in violation of the third paragraph of Article 40 hereof, fails to apply for modification, it shall be ordered by the district construction department to make corrections and given a fine of 20,000 yuan.
Article 58 A handling site that violates the provisions hereof by committing any of the following acts shall be punished by the district construction departments according to the following provisions:
(1) Where a handling site violates subparagraph (1) of Article 41 hereof, it shall be ordered to make corrections and given a fine of 500 yuan per vehicle for each violation; in violation of subparagraph (2), the handling site shall be ordered to stop the violation and clean up within a specified time limit, and given a fine of 50 yuan for each cubic meter of other waste handled, to the maximum extent of 100,000 yuan; in violation of subparagraph (3), the handling site shall be ordered to make corrections and given a fine of no less than 30,000 yuan but no more than 50,000 yuan; in violation of subparagraph (4) or (5), the handling site shall be ordered to make corrections within a specified time limit; if no correction is made within the time limit, it shall be given a fine of no less than 30,000 yuan but no more than 50,000 yuan; in violation of subparagraph (6), the handling site shall be ordered to make corrections and given a fine of 30,000 yuan;
(2) Where the handling site, in violation of Articles 42 and 43 hereof, handles CDW regardless of restrictions or prohibitions, it shall be ordered to make corrections and eliminate safety hazards and given a fine of 100,000 yuan.
Article 59 Where an organization or individual, in violation of the first paragraph of Article 45 hereof, discharges or backfills a hybrid of domestic waste, hazardous waste and CDW, it shall be ordered by relevant departments to make corrections and given a fine of 3,000 yuan, in case of an organization, or 200 yuan, in case of an individual.
Where an organization or individual, in violation of the second paragraph of Article 45 hereof, handles, dumps, throws, piles up or buries CDW in public places, including but not limited to roads, government construction land reserve, water conservation areas, water supply and drainage facilities, watercourses, reservoirs, ditches, mountains, woods, vegetable plots, farmland, parks, green space and marine waters, and other non-designated sites, it shall be ordered by relevant departments to clear up within a specified time limit, and given a fine of 100,000 yuan, in case of an organization, or 1,000 yuan, in case of an individual, unless otherwise stipulated by laws and regulations.
If it is unable to identify the violator who disposes CDW in violation of these Measures, the organization owning or in charge of the site to which CDW is dumped, thrown, piled up or buried shall be responsible for clearing up, and expenses for the clearing up may be recovered from the violator, once identified.
If the relevant departments are the organization owning or in charge of the site to which CDW is dumped, thrown, piled up or buried, they shall make plans for clearing up and apply to municipal or district finance department for funding.
Article 60 If the departments in charge of planning & natural resources, construction, transport, traffic police, urban administration & law enforcement, water, ecology & environment and their staff fail to or inappropriately perform their duties during regulations, they shall be investigated for administrative responsibility, and shall be transferred to judicial organs if suspected of committing a crime.
Chapter Seven Supplementary Provisions
Article 61 The decoration waste generated by decoration activities, including but not limited to interior decoration, repair and maintenance of homes or stores, for which a construction permit is not required according to law, shall be classified and collected by the owners or property service providers according to the relevant requirements, with no need to apply for CDW discharge approval. Non-polluting waste brick slag, concrete, ceramics and other CDW may be transported to handling sites for treatment.
Domestic waste treatment plants and hazardous waste treatment facilities shall accept the small amount of domestic and hazardous waste sorted from handling sites.
If laws or regulations have any other provisions on decoration waste of homes and stores, such provisions shall prevail.
Article 62 The terms "less than" and "more than" in these Measures shall include the given figure.
When calculating the fine as a punishment for violations under these Measures, if the CDW illegally discharged, handled or causing pollution and other waste illegally handled are less than one square meter (cubic meter), it shall be calculated at one square meter (cubic meter).
If an organization or individual violator has objections to the measurement and determination of the quantity of CDW discharged, it may file a request for review to the investigating department in accordance with law, and the investigating department shall appoint a qualified third-party agency for examination.
Article 63 The definitions of the terms in these Measures are as follows:
(1) Temporary handling sites refer to places where CDW is handled for construction activities with no need to obtain construction permit according to law, including but not limited to ecological restoration, land consolidation, landscaping, transformation of basic farmland and collective land, and rehabilitation of abandoned reservoirs, abandoned fish ponds, abandoned quarries and abandoned watercourses.
(2) Water transshipment facilities refer to facilities for transshipping CDW by water to different places, including terminals and temporary points of shipment.
(3) Construction dregs refer to debris and soil slags from underground excavation and site leveling during construction.
(4) Demolition waste refers to waste concrete, bricks and tiles, asphalt, etc. from the demolition of various types of buildings (structures) and pipe networks.
(5) Construction slurry refers to the slurry from pile drilling, diaphragm wall construction, shield construction, horizontal directional drilling, mud-water pipe jacking and other types of construction.
(6) Construction waste refers to concrete, bricks and tiles, ceramics, wood, glass, metal, asphalt and plastics and other light substance from construction, renovation, expansion projects of building (structure) and pipe network.
(7) Decoration waste refers to concrete, bricks and tiles, ceramics, wood, glass, metal, asphalt and plastics and other light substance from house decoration.
Article 64. These Measures shall come into force on July 1, 2020. The Administrative Measures of Shenzhen Municipality on Transport and Disposal of Construction and Demolition Waste promulgated by Decree No. 260 of Shenzhen Municipal People's Government on November 29, 2013 shall be repealed simultaneously.
附件下载：
粤公网安备 44030402002963号