(Adopted at the 25th Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on January 21, 2009, approved at the 10th Meeting of the Standing Committee of the Eleventh Guangdong Provincial People’s Congress on March 31, 2009)
Article 1 These Regulations are promulgated by combining with the city’s actual conditions and in accordance with provisions of relevant laws and regulations in order to reduce emissions and improve utilization of construction wastes and promote development of recycling economy.
Article 2 These Regulations are applicable to emission reduction and recycling as well as its supervision and management of the city’s construction wastes.
Article 3 The term of construction wastes as mentioned in the Regulations refers to waste bricks, concrete blocks, building surplus soil and other wastes generated in new construction, renovation, expansion and removal of all types of buildings, structures, pipe networks, home improvements and other construction activities.
Article 4 Management of construction wastes shall comply with the principle of reduction, reuse and reclamation.
Construction wastes shall be reusable or renewable and recyclable, with those non-reusable or renewable being subject to disposal in accordance with provisions of relevant laws and regulations.
Article 5 Construction wastes shall be subject to classified management and centralized disposal.
Article 6 The construction administrative department of the municipal and district people’s governments (hereinafter referred to as the municipal and district governments) shall act as the competent department (hereinafter referred to as the competent department) for emission reduction and recycling of construction wastes.
Urban management department of the municipal and district governments shall be responsible for supervision and management of removal, transport and acceptance of construction wastes.
Development and reform, trade and industry, finance, land and real estate, planning, environmental protection, price and other departments of the municipal and district governments shall, within their respective areas of responsibility, coordinate with management relating to construction wastes.
Article 7 The municipal government shall, based on requirements, arrange a certain amount of capital in the annual budget for emission reduction and recycling activities of construction wastes, with the specific measures for the use of funds being formulated separately by the municipal government.
Use of funds should be open and transparent and be subject to regular audits and social publication.
Article 8 Research, development and use of new technology, process, material and equipment for emission reduction and recycling of construction wastes is encouraged.
The municipal government shall grant preferential policies or capital subsidies for enterprises recycling construction wastes, with the specific measures being separately formulated jointly by the municipal competent department and relevant departments and submitted to the municipal government for approval before implementation.
Article 9 The municipal competent department shall, based on the needs of construction waste reduction and recycling, separately prepare and release catalogues of construction techniques, processes, equipments, materials and products to be forced out.
Construction unit shall not use construction techniques, processes, equipments, materials and products that are forced out. In case of violation against the provision, the municipal competent department shall give orders for rectification within a specified time period and a fine of more than RMB 50,000 but less than RMB 200,000 shall be imposed.
Article 10 The municipal and district governments shall, by various means, strength publicity of construction waste reduction and recycling and distribute publicity materials for free.
Enterprises and relevant industry associations shall strengthen education and training of employees engaged in the construction industry to improve their awareness of resource conservation and recycling.
Article 11 The municipal planning department shall, in joint hand with the municipal competent department and urban management department, prepare planning of sites for construction waste receiving and recycling based on the actual situation of urban development.
Special areas shall be planed in the construction waste receiving site for storage of construction surplus soil.
Construction waste receiving and recycling site shall be built in accordance with standards and equipped with appropriate facilities to prevent secondary pollution.
Article 12 The project’s feasibility study report or project application report prepared by the construction unit shall include contents of construction waste reduction and recycling and the costs incurred thereof shall be included in the investment estimates.
Article 13 The construction and engineering design unit shall optimize the building design to improve building durability and reduce consumption of building materials and generation of construction wastes, with the preference being given to products regenerated from construction wastes and recyclable construction materials.
The municipal competent depart shall separately prepare and release design guidelines for emission reduction of construction wastes.
Article 14 The construction and engineering design documents shall clearly require that the construction project uses ready-mixed concrete, ready-mixed mortar and new wall materials; on the premise of guaranteeing structural safety and use of functions, high-strength and high performance concrete, high-strength steel and other processes or products shall be used.
In case the construction unit is detected in violation against provisions by mixing concrete or mortar on the construction site, the municipal competent department shall give orders for rectification within a specified time period and a fine of 200 for each cubic meter of concrete and 400 for each cubic meter of mortar shall be imposed.
Article 15 Censorship agency of construction drawings and design documents shall, in accordance with the Regulations and related design specifications, review contents of construction waste reduction design, with those successfully reviewed being submitted to the competent department for records and those failed being re-reviewed after rectification by the design unit.
Article 16 Implement construction industrialization and gradually achieve standard design, factory production and filed assembly of building components and parts. Doors, windows, wallboards and other non-load-bearing components of the construction project shall use prefabricated components and fittings.
Article 17 It is encouraged to complete housing renovation once in place. The construction unit of newly-built residences is encouraged to directly provide users with fully-furnished finished houses.
Fitting of affordable housing built with governmental investment should be in place once for all.
Office areas built with governmental investment shall not be re-decorated within eight years after completion. Where re-decoration is necessary, approval of the competent department shall be required.
Article 18 The construction unit shall carry out construction activities in accordance with the design documents and technical specifications relating to green construction, and promote the use of standard steel form, combined form, spray-plastering and other construction methods. Use of bamboo scaffolding and solid clay is prohibited.
In case of violation against this provision by using bamboo scaffolding and solid clay, the competent department shall give punishment in accordance with relevant regulations.
Article 19 Temporary buildings as well as offices and living space temporarily erected on the construction site shall use circulating trailer coach, while temporary girth baffle on the construction site shall use fabricated reusable materials, with use of masonry-type buildings and girth baffles being strictly prohibited.
In the event of violation against this provision by using masonry-type buildings, the competent department shall impose a fine of one hundred per square meter in accordance with the construction area; for violation by using masonry-type girth baffles, a fine of one hundred per square meter shall be imposed in accordance with the wall area.
Article 20 The activities of unauthorized demolition or reconstruction of the existing buildings, structures and municipal roads are prohibited, excluding buildings nonconforming to urban planning or planning changes or buildings having quality problems or illegal buildings.
In case demolition or reconstruction needs to be done due to quality problems, professional bodies shall be entrusted for assessment and argumentation and the city planning, land and real estate, and competent departments shall be reported to.
Article 21 For building of new construction project and removal of existing buildings, structures and municipal roads, the construction unit shall prepare the construction waste reduction and treatment program and report to the competent department for records before the launch of construction project.
Construction waste reduction and treatment program of the new construction project shall include the following:
1. Project name, construction size and location;
2. Name of the project-undertaking unit, construction unit, supervision unit and transport unit and name of their legal representatives;
3. Type and quantity of construction waste;
4. Construction waste reduction measures, on-site classification and recycling program, pollution prevention measures;
5. Transport route and receiving site of construction waste.
In addition to the contents mentioned above, the construction waste reduction and treatment program of demolition construction project shall also include demolition steps and methods.
Article 22 The construction unit shall entrust qualified construction unit for demolition and supervision unit for supervision in accordance with regulations.
Enterprises recycling construction wastes are encouraged to embark on demolition after acquiring professional qualifications in accordance with relevant regulations of the state.
Article 23 The construction unit shall launch construction by complying with the construction waste reduction and treatment program.
The building unit and supervision unit shall supervise the implementation of the construction waste reduction and treatment program by the construction unit, and any violation against regulations of the construction unit in disposal of construction waste should be prevented in time; in case prevention is useless, the competent department shall be promptly notified.
Article 24 The construction waste on-site classification system shall be implemented and construction unit with on-site classification conditions shall be encouraged to, in accordance with classification requirements, classify construction wastes by construction or demolition steps.
Article 25 It is encouraged that the construction unit recycles construction wastes on the construction site and gives the priority to the use of reusable construction wastes generated on the construction site as fillers for the construction project.
Recycling enterprises shall be encouraged to enter into the construction site and use mobile facilities for construction waste recycling and treatment to reclaim construction wastes.
The construction unit, supervision unit and recycling enterprise shall register the type and quantity of the treated construction wastes and report to the competent department for records.
Article 26 In case construction wastes cannot be used on the site, the construction unit shall let qualified transport units and vehicles transport them to the construction waste receiving site for disposal.
Transport of construction waste should comply with relevant regulations.
Article 27 Exchange for use of construction surplus soil between different projects is encouraged. In the event of exchange over the use of construction surplus soil between different projects, the building unit shall clearly indicate in the construction waste reduction and treatment program.
The municipal competent department shall establish an information platform for regulation of construction surplus soil, while the building unit or construction unit shall send in advance the information of construction surplus soil discharge or demand to the construction surplus soil regulating information platform.
Article 28 The construction waste discharge charging system shall be implemented. The competent department shall, based on the classification, emissions and charging standard of construction wastes, charge building units or owners the fees for emission of construction wastes (hereinafter referred to as emission fees). The emission fees shall be paid in full finance and used for supporting construction waste reduction and recycling activities. Specific measures for collection of emission fees shall be separately prepared by the competent department in conjunction with the municipal finance department.
Charging standard of the emission fees shall be determined in accordance with the city’s economic and social development, the actual needs of construction waste recycling and disposal, classification of construction waste and other factors. Preferential charging standards shall be implemented for classified construction wastes. Specific charging standard shall be separately prepared by the municipal department in charge of the price in joint hand with the municipal competent department and be implemented after approval in accordance with prescribed procedures.
Article 29 Classified emission of construction waste of newly-built fully-renovated finished houses is free of charge.
Article 30 The duplicate form management system of construction wastes shall be implemented and the duplicate forms shall be subject to unified production by the competent department, with multiple duplicates for one form.
Prior to delivery of construction wastes out of the site, the construction unit shall truthfully fill in the duplicate forms and give them to the transport unit for carrying on the vehicle after signature by the on-site project supervisors for confirmation. After construction waste transport vehicles enter into the construction waste receiving site, the site management unit shall verify the matters recorded in the duplicate forms and return the first duplicate form to the construction unit and submit the second to the competent department before the end of each month.
The competent department shall verify and charge the emission fees in accordance with the classification and quantity recorded in the duplicate forms. In case of failure in filling out the duplicate forms in accordance with provisions or in the event of apparent inconsistency of the quantity recorded in the duplicate forms with the possible emissions, the emission fees shall be doubled on the basis of the unpaid part.
Emission fees shall be doubled based on the quantity when duplicate forms fail to be provided for the transport of construction wastes. Management unit of the receiving site shall identify the emission unit, vehicle license plate number, construction waste classification and loadings before reception, and notify the competent department.
Specific measures for management of duplicate forms shall be separately prepared by the competent department in conjunction with the urban management department.
Article 31 Mixing of construction wastes with household refuses is prohibited.
Unauthorized setting of construction waste receiving site by any unit or individual is prohibited.
Dumping or throwing of construction wastes outside the construction receiving site is strictly forbidden.
Violation against this provision shall be subject to punishment by the urban management department in accordance with relevant regulations.
Article 32 In building renovation, the Owner shall classify construction wastes generated in renovation and let the logistics management unit or qualified transport unit and vehicles transport them to the construction waste receiving site.
Article 33 Investment for establishment of construction waste recycling enterprises is encouraged.
Enterprises engaged in construction waste recycling on the construction waste receiving site shall be determined by bidding organized by the competent department.
Article 34 The municipal competent department shall prepare and release technical specifications or guidelines for the use of construction wastes and regenerated products to guide enterprises to use construction wastes and produce regenerated products.
Article 35 The identification system of products regenerated from construction wastes shall be implemented. Regenerated products from construction wastes shall be subject to quality inspection by a professional inspection organization, with those tested as qualified being marked with the construction waste regenerated product label and listed into the green products directory and governmental green purchase catalogue.
List of the professional inspection organizations shall be publicized by the competent department.
Article 36 For construction of road project, the construction unit shall preferentially use construction wastes as roadbed cushion.
Construction of non-load-bearing structural parts of new construction, renovation and expansion projects shall, on the premise of using functions at the same price, give the priority to use of regenerated products from construction wastes. The competent department may provide the percentage of construction waste-regenerated products used in government-invested projects and other projects.
In case the Subparagraph II of this article is violated, the competent department shall order the building unit for rectification; in the event of refusal for rectification, a fine of one hundred per cubic meter shall be imposed based on the unused volume of construction waste.
Article 37 Enterprises producing ready-mixed concrete, ready-mixed mortar, prefabricated components and fittings shall, on the premise of guaranteeing the product quality, use a certain percentage of aggregates recycled from construction wastes, with specific used ratio being separately provided by the municipal competent department.
Article 38 Specific measures, catalogue of forced-out products, design guidelines, charging standard, etc. to be separately prepared as provided by the Regulations, shall be prepared by relevant departments within six months from the date of implementation of the Regulations.
Article 39 In the light of fine punishment as provided in the Regulations, the municipal competent department shall prepare specific punishment measures which shall be implemented simultaneously with the Regulations.
Article 40 These Regulations shall come into force on October 1, 2009.
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