Regulations of Shanghai Municipality on Municipal Solid Waste Management
Regulations of Shanghai Municipality on Municipal Solid Waste Management
(Adopted at the 2nd Session of the 15th Shanghai Municipal People's Congress on January 31, 2019)
Table of Contents
Chapter I General Provisions
Chapter II Planning and Construction
Chapter III Promoting Reduction at Source
Chapter IV Pre-Sorted Waste Deposits
Chapter V Collection, Transportation and Treatment of Sorted Waste
Chapter VI Resource Utilization
Chapter VII Social Participation
Chapter VIII Supervision and Management
Chapter IX Legal Liability
Chapter X Supplementary Provisions
Chapter I General Provisions
Article 1 With a view to strengthening the management of municipal solid waste in this Municipality, improving the living environment, promoting quality urban management, maintaining ecological security, and ensuring sustainable economic and social development, these Regulations are formulated according to the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, the Circular Economy Promotion Law of the People's Republic of China, the Regulations on Urban Appearance and Environmental Sanitation, and other laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2 These Regulations apply to the activities of municipal solid waste source reduction, delivery, collection, transportation, treatment and disposal, resource utilization, supervision and management in the administrative area of this Municipality.
The term "Municipal Solid Waste" in these Regulations means solid waste generated in activities in daily life or in services provided for daily life of residents, as well as that is considered as domestic waste by laws and administrative regulations.
Article 3 This Municipality aims to achieve municipal solid waste reduction, recycling and low cross-contamination, to establish and improve pre-sorted deposits, the collection, transportation and treatment systems of sorted deposits from cradle to grave, and to actively promote the standards and levels of reduction at source and resource recycling.
The municipal solid waste management follows the principles of government promotion, national participation, market oriented operation, urban and rural overall planning, system advancement, and gradual progress.
Article 4 The municipal solid waste shall be sorted according to the following standards and definitions:
1. Recyclables, refers to wastes such as waste papers, plastics, glass products, scrap metals, and fabrics, etc., which are suitable for recycling and cyclic utilization;
2. Hazardous Waste, refers to these wastes such as discarded batteries, lighting bulbs, drugs and paints with their containers, which can cause direct known significant and identifiable potential harm to human health or the natural environment;
3. Household Food Waste, or Perishables, or Organic Waste, refers to biomass domestic wastes such as raw food materials, leftovers, expired foods, melon kernels, garden waste, and Chinese medicine dregs, etc.; and
4. Residual Waste, or Others, refers to wastes other than Recyclables, Hazardous Waste and Household Food Waste.
The specific sorting criteria can be adjusted according to the level of economic and social development, the characteristics of municipal solid waste, and its treatment and utilization progress.
Article 5 The Municipal People's Government shall strengthen the leadership, establish a comprehensive coordination mechanism, and carry out overall planning and coordination for the municipal solid waste management.
The municipal landscaping and city appearance administrative departments is this Municipality's appropriate department for municipal solid waste management, with the mainly responsibilities of organization, coordination, guidance and supervision.
The municipal development and reform department is responsible for formulating policies to promote the source reduction, resource utilization and harmless treatment of municipal solid waste, coordinating the implementation of the extended producer responsibility, studying and improving the polluter-pays system.
The municipal housing management department acts as the role of supervising the property service enterprises to fulfill the obligations of responsible person for waste sorted delivery management.
The municipal ecological environment department is responsible for the guidance and supervision of the pollution prevention and control of municipal solid waste.
The municipal urban management law enforcement department is responsible for the guidance and supervision of the investigation and punishment of violations of these regulations.
The municipal departments of housing and urban construction, commerce, finance, planning and natural resources, economy and information technology, education, civil affairs, agriculture and rural affairs, science and technology, sanitation and health, cultural and tourism, market supervision, postal, government affairs, as well as other departments, shall cooperate in the implementation of these Regulations in accordance with their respective responsibilities.
Article 6 The district people's government is responsible for the management of municipal solid waste in the area under its jurisdiction and shall establish a corresponding comprehensive coordination mechanism.
The district landscaping and city appearance administrative department is responsible for the specific organization, coordination, guidance and supervision of the municipal solid waste management within its jurisdiction. The district development and reform, housing management, ecological environment, urban management law enforcement and other departments, in accordance with their respective responsibilities, shall jointly promote the management of municipal solid waste.
The town/township people's governments or sub-district offices are responsible for the specific implementation of the daily management of waste classified delivery and transfer, and related sorted collection activities.
Article 7 Units and individuals shall actively participate in green living activities, reduce the generation, fulfill the duty of classified delivery, and assume the producer's responsibility of municipal solid waste.
In accordance with the producer-pays principle, this Municipality shall gradually establish a municipal solid waste treatment fee system for measuring charges and classified pricing. The specific measures shall be formulated separately by the Municipal People's Government.
Article 8 This Municipality shall exercise a control system of the municipal solid waste total treatment amount. The amount for each district shall be formulated based on the municipal solid waste separation system requirements, the population size and the level of economic and social development. The people's governments of all districts shall implement the measures for the reduction and utilization of municipal solid waste in accordance with the total treatment amount control plan.
Article 9 The people's governments at all levels and their relevant departments shall take effective measures to strengthen the publicity and education of source reduction, separation from cradle to crave, resources utilization, and improve the environmental awareness and popularize the knowledge of municipal solid waste management, so as to form a good atmosphere for social participation.
Article 10 This Municipality supports government departments, enterprises, institutions and social organizations to gradually improve the intelligent level of the waste classified delivery, sorted collection, transfer and transportation, treatment and disposal, and management operations with scientific and technological means.
This Municipality supports the development and application of new technologies, processes, materials and equipment for waste source reduction, classified delivery, in-site treatment and resources utilization.
Chapter II Planning and Construction
Article 11 The municipal and district people's governments shall take these measures, including municipal solid waste source reduction, separation from cradle to crave, resources utilization, decontaminated treatment, as important contents in national economic and social development plans.
The urban and rural development plans and the land use plans shall make overall considerations to reduce the amount of municipal solid waste generated, promote resources utilization and decontaminated treatment.
Article 12 The municipal landscaping and city appearance administrative departments shall work out a special plan of municipal solid waste management, according to the municipal national economic and social development plan. The special plan shall include the waste management guiding principles, the objectives and measures, the layout of waste transfer and transportation, treatment and disposal, recycling and utilization facilities, as well as the ensured measures for plan implementation.
The municipal and district landscaping and city appearance administrative departments, together with the planning department, shall work out the plan of municipal solid waste transfer and transportation, treatment and disposal, recycling and utilization facilities (hereinafter referred to as the special plan for municipal solid waste treatment facilities).
Article 13 The municipal and district landscaping and city appearance administrative departments shall formulate an annual construction program of municipal solid waste treatment facilities according to the above-mentioned special plan and organize its implementation.
The municipal and district development and reform, planning and other departments shall incorporate the funds and land required by the annual construction program into the annual investment plan and the annual land supply plan.
The land planned for the municipal solid waste transfer and transportation, treatment and disposal, recycling and utilization facilities shall not be changed without legal procedures.
Article 14 The municipal solid waste collection facilities shall be constructed in accordance with the State and this Municipality's standards in the construction, reconstruction or expansion of residential, public buildings, public facilities and other construction projects. The affiliated collection facilities shall be designed, constructed, checked and accepted, and put into use simultaneously with the main project.
The existing waste collection facilities which are not suitable for waste separation shall be repaired or modified to meet the standards.
Article 15 The municipal and district landscaping and city appearance administrative departments shall promote the construction of recyclable materials recycling service points, transfer stations and distribution centers in accordance with regulations.
The social capital shall be encouraged to participate in the construction of recyclable materials collection and transportation facilities.
Chapter III Promoting Reduction at Source
Article 16 The municipal and district people's governments shall coordinate the requirements for environmental protection, resource conservation, production and living safety, and establish a source reduction working mechanism of all kinds of municipal solid waste, covering the fields of production, circulation and consumption.
Article 17 Any enterprise shall abide by the State's regulations on clean production, and preferentially select design schemes and materials that are non-toxic and harmless, or low in toxicity and harm, easy to recycle, disassemble and degrade, and produce recyclable and less waste generated products.
Article 18 The municipal and district market supervision departments shall supervise and manage packaging materials reduction in accordance with the relevant laws and regulations.
Any enterprise shall reduce the generation of packaging waste with reasonable packaging. The packaging materials, structures and costs shall be compatible with the interior products.
Article 19 The municipal market supervision and postal departments shall formulate the green packaging standards for the express delivery industry of this Municipality, and promote the reduction and recycling of express packaging materials.
Any express delivery enterprise conducting business activities in Shanghai shall use environmentally friendly packaging such as electronic waybills and environmental boxes (bags) and tapes. Senders shall be encouraged to use eco-friendly packaging that should be degradable and recyclable.
Any e-commerce enterprise carrying out business activities in Shanghai shall provide green packaging options such as various specifications of packaging bags and recyclable packaging bags, and use pricing and other mechanisms to guide consumers to use environmentally friendly packaging.
Article 20 The municipal agricultural and rural affairs, and commercial departments shall strengthen the management of fruit and vegetable production bases, farmer's markets, standardized vegetable farms, and supermarkets, and actively promote the marketing of clean vegetables.
The newly built farmer's markets and standardized vegetable markets, and the existing ones which produce organic waste more than a certain scale, shall equip household food waste or organic waste on-site treatment facilities. Other units that generate organic waste should be encouraged to set up those facilities.
The municipal landscaping and city appearance administrative departments, in conjunction with the municipal market supervision, ecological environment, and commercial departments, shall issue the setting-up standards of household food waste on-site treatment facilities.
Article 21 Party and government organs and institutions shall take the lead in using products, equipment and facilities that are conducive to environmental protection, increase the proportion of recycled paper, reduce the use of disposable office supplies, and shall not use disposable cups in internal office areas.
Government procurement shall give priority to the recyclable products.
Enterprises and social groups should be encouraged to less-use and reuse office supplies, and reduce the use of disposable cups.
Article 22 Units and individuals should be encouraged to use recyclable products and promote the reuse of idle items through online and offline transactions.
Catering service providers shall set up a "thrifty consumption" sign at the catering service places, prompting consumers to order foods appropriately. Catering service providers and catering delivery service providers shall not initiatively provide disposable chopsticks, spoons and other tableware for consumers.
The hoteliers shall not initiatively provide consumers with disposable daily necessities.
The disposable items referred to in Paragraphs 2 and 3 of this Article shall be conducive to the protection of the environment.
Chapter IV Pre-Sorted Waste Deposits
Article 23 The municipal landscaping and city appearance administrative departments, in conjunction with the municipal commercial and ecological environment departments, shall formulate a specific catalogue of municipal solid waste classifications, and release it to the public.
The municipal landscaping and city appearance administrative departments shall provide various forms of convenient inquiry services to guide residential units and individuals to classify waste accurately.
Article 24 Waste producers, including residential units and individuals, are liable subjects for delivering their waste pre-sorted into classifications, and shall deposit the waste separately in the corresponding collection containers. Among them, the recyclables can also be sold to recyclables at recovery service points or other recyclers.
This Municipality shall gradually implement a standardized fixed-point pre-sorting classification delivery policy for municipal solid waste.
Article 25 This Municipality shall implement the system of allocated responsibility persons for the management of pre-sorted classified waste deposits (hereinafter referred to as management responsibility person), who shall be determined according to the following provisions:
1. The property service enterprises entrusted by party and government agencies, enterprises and institutions, social organizations, etc., shall have a management responsibility person for their offices, production and operation areas. Otherwise, the owner shall be the management responsibility person.
2. The property service enterprises entrusted by the residential communities shall be the management responsibility person for the residential areas. In rural settlements, village committees shall be the management responsibility person.
3. The management department or its entrusted service agency in public places such as streets, plazas, parks, public green spaces, etc., and the operations management unit or its entrusted property management enterprise in airports, passenger stations, rail transit stations, and public places of tourism, culture, sports, entertainment, and commerce, shall be the management responsibility person.
The town/township people's government and the sub-district office shall determine the management responsibility person for those places beyond the provisions of the preceding paragraph.
The town/township people's government and the sub-district office shall supervise the fulfillment of management responsibility under their jurisdiction.
Article 26 The management responsibility person shall equip waste collection bins/containers for under the following provisions:
1. Four types of waste collection bins/containers, including Recyclables, Hazardous Waste, Household Food Waste and Residual Waste, shall be equipped at the offices or production and operation areas of party and government organs, enterprises and institutions, social organizations and other units, and at the waste transfer points in residential quarters and rural residential areas.
2. Household food waste and residual waste collection bins/containers shall be equipped in the public areas except the waste transfer points in residential quarters and rural settlement; in other public areas where collection bins/containers are set up, bins/containers for household food waste and residual waste shall be set in groups.
3. Dustbins/containers for recyclables and residual waste shall be equipped in public places such as streets, plazas, parks, public green spaces, etc. household food waste collection bins/containers should be added for those places with a large amount of organic waste generated.
The municipal landscaping and city appearance administrative departments shall formulate equipping specifications for waste collection bins/containers and release to the public. The colors and graphic logos of the collection bins/containers should be standardized, clear and eye-catching, and easy to identify.
It is imperative to encourage management responsibility persons to refine/revise the existing collection container setting according to the types of recyclables, hazardous wastes, and utilization needs.
Article 27 The management responsibility person shall provide guidance on waste pre-sorting for classified delivery behaviors, and require waste producers to make corrections if they do not follow the waste sorting criteria, and may report to the town/township people's government or the sub-district office about those refusals to make corrections.
The management responsibility person shall collect and transfer the municipal solid waste separately to specified waste transfer points, where it should be transported to its utilization or treatment facilities.
The relevant units and individuals shall cooperate with the management responsibility person to perform its duties in accordance with the regulations.
Chapter V Sorted Collection, Transportation and Treatment
Article 28 Any agency engaged in the business of collection and transportation of Hazardous Waste, Household Food Waste and Residual Waste, as well as treatment of Household Food Waste and Residual Waste, shall apply and hold a municipal solid waste operation service license in accordance with state regulations. Any agency engaged in hazardous waste treatment and disposal activities shall apply and hold a hazardous waste business license according to law.
The municipal or district landscaping and city appearance administrative department, as well as town/townships shall sign collection, transportation service agreement (for recyclables, hazardous waste, household food waste and residuals) and treatment service agreement (for household food waste and residuals) with those agencies determined by way of the government procurement.
Article 29 The waste collection and transportation agencies shall collect and transport waste as its category in accordance with the following provisions:
1. conduct scheduled or requested collection and transportation for recyclables and hazardous waste;
2. conduct daily timed collection and transportation for household food waste; and
3. conduct scheduled collection and transportation for residuals.
The waste collection and transportation agencies shall require the management responsibility person to make correction if the sorted waste delivered does not meet the criteria, and refuse to collect and transport for those refusals to make correction, and at the same time, shall report it to the local township people's government or the sub-district office to investigate and handle it in time.
The management responsibility person should report the violating activities of waste collection and transportation procedures to the town/township people's government or the sub-district office.
Article 30 The waste collection and transportation agencies shall comply with the industry norms and operational procedures, and abide by the following provisions:
1. Using special vehicles and ships for waste transportation. The special vehicles and ships shall be clearly marked about its waste category permitted to transport, and conduct closed transportation with an online monitoring system for its operation.
2. Mixed collection and transportation shall be forbidden for those classified/sorted wastes. Hazardous waste, industrial solid waste, construction waste, etc. shall not be mixed into municipal solid waste.
3. Transporting waste, that needs to be transferred to a qualified transfer station, as required.
Article 31 The municipal and district landscaping and city appearance administrative departments shall improve the construction of the recyclable materials recovery system, and strengthen the guidance, management and supervision of the recycling activities of the contracting agencies and other recycling operators. The municipal landscaping and city appearance administrative department, in conjunction with the relevant departments, shall prepare and publish a catalogue of recyclable materials, and formulate supporting policies for low-value recyclable materials recovery.
"Internet + recycling", intelligent recycling, and other recycling technologies should be encouraged to enhance the convenience of recyclables delivery and sales.
In the process of collecting and transporting recyclables, other recyclables operators shall take effective measures of covering, enclosing and keeping-clean to keep the environment clean and tidy, and shall not cause environmental pollution.
Article 32 The establishment of transfer stations shall comply with environmental protection requirements and technical specifications, and shall go through relevant approval procedures for environmental protection in accordance with regulations
The leachate generated in the waste transfer station shall be discharged after being treated and reaching the national and municipal waste water pollutants discharge standards.
Article 33 The agencies responsible for handling Hazardous Waste, Household Food Waste and Residual Waste (hereinafter referred to as the disposal agency) shall receive corresponding waste according to the sorting criteria. They shall require the waste collection and transportation agencies to make corrections if the sorted waste transferred does not meet the criteria, and refuse to accept for those refusals to make corrections, and at the same time, shall report it to the municipal or district landscaping and city appearance administrative departments to investigate and handle it in a timely manner.
Hazardous Waste, Household Food Waste and Residual Waste shall be utilized or disposed as its category in the following ways:
1. Hazardous waste shall be disposed of in a decontamination manner by means of high temperature or chemical decomposition methods;
2. Household food waste shall be treated through biochemical technology, anaerobic process and composting for resource utilization or decontamination; And
3. Residual waste shall be incinerated for its decontamination.
Article 34 The disposal agency shall comply with the industry norms and operational procedures, and abide by the following provisions:
1. maintaining treatment/disposal facilities and equipment to be routinely operated, and dispose waste received in a timely manner;
2. treating/disposing of waste as its category according to technical standards. Mixed disposal shall be forbidden;
3. treating waste water, exhaust gas, waste residue, and noise and surrounding soil pollution, and carrying out environmental restoration according to regulations; and
4. regularly submitting information of waste received and treated with regard to its source, quantity and category to the landscaping and city appearance administrative department.
Chapter VI Resource Utilization
Article 35 The municipal development and reform department, in conjunction with the relevant departments, shall formulate circular economy policies to support the recyclable materials recycling projects that meet the urban functional needs and the development orientation of relevant industries, and promote the construction of circular economy industrial parks.
Article 36 Recyclers shall hand over the recyclables to the recyclable materials utilization enterprises for resource utilization in accordance with the relevant requirements of the State and this Municipality.
The municipal commerce, economy and information technology, and landscaping and city appearance administrative departments shall guide, coordinate and supervise activities of the recyclable resource utilization
Article 37 Producers and sellers shall recycle and dispose of products and packaging materials listed in the national compulsory recycling catalogue in accordance with regulations. Producers and sellers shall be encouraged to improve the recycling rate of products and packaging materials through independent, joint or entrusted recycling.
The municipal postal department shall guide the express delivery enterprises that carry out business activities in this Municipality to establish and improve a multiparty coordinated packaging recycling and reuse system.
Article 38 The municipal landscaping and city appearance administrative departments and agricultural and rural affairs department, in conjunction with the municipal market supervision department, shall study and formulate this Municipality’s household food waste resource utilization standards, encourage and support the research, preparation and development and promotion of the household food waste resource utilization group standards and enterprise standards.
The relevant government departments of this Municipality shall support the preferential use of household food waste resource utilization products in the soil improvement in public green spaces and public welfare forests, and support its promotion and application in line with the standards in agricultural production.
Rural areas shall make resource utilization of household food waste on the spot; Party and government agencies, enterprises and institutions, social organizations, and residential communities shall be encouraged to use household food waste for greening of the residential unit and residential areas, and home gardening.
Article 39 The heat energy generated by residual waste incineration shall be utilized by means of power generation and heating. In the case of meeting environmental protection requirements, comprehensive utilization of slag and fly ash is encouraged, and qualified enterprises are encouraged to co-dispose of residual waste.
Chapter VII Social Participation
Article 40 The municipal and district people's governments and their relevant departments and trade unions, the Communist Youth League, the Woman's Federation and other organizations shall conduct social mobilization extensively, through various means, to promote the participation of the whole society in the municipal solid waste management.
The landscaping and city appearance administrative department, ecological environment, and other departments shall set up a domestic waste popular science education base to popularize the knowledge of waste category and its treatment for the public. The operating agency of large-scale municipal solid waste transportation and treatment facilities shall set up a public open day to receive public visits.
The education department shall incorporate the knowledge of waste categories and their treatment into the education content of kindergartens, primary and secondary schools and colleges, and organize activities of education and practices of waste management.
The news media shall continuously carry out welfare publicity of waste management regulations and the knowledge of waste categories and their treatment, and conduct public opinion supervision on violations of municipal solid waste management.
Article 41 This Municipality shall establish and improve the working mechanism of the residential quarters and rural settlement party organization as the core of leadership, with the common participation of the residents' or villagers'committee, the owners' committee, the property service enterprise, and the owners to jointly promote the management of domestic waste.
The residents' committee or villagers' committee shall cooperate with the sub-district offices or the town/township people's governments to organize, mobilize, publicize and guide the waste source reduction and classified delivery. It is imperative to advocate residents' committees and villagers' committees to include the waste sorting requirements into the residents' conventions and villagers' agreements.
The town/township people's government or the sub-district office shall incorporate the waste management into grassroots social governance and strengthen organization, coordination and guidance.
Article 42 The good behavior habits of residential units and individuals for pre-sorted waste classified delivery should be encouraged through various means such as exchange of bonus points for benefits.
Volunteer service organizations and volunteers should be encouraged to carry out publicity and demonstration activities of waste classified delivery.
The municipal and district people's governments and their relevant departments, township people's governments, and sub-district offices may support various social organizations to participate in domestic waste management activities by purchasing services.
Article 43 The relevant industry associations in the fields of circular economy, city appearance and environmental sanitation, property management, tourist hotels, catering and cooking, housekeeping services, commercial retail, etc. shall formulate industry self-disciplines, conduct industry training and evaluation, and jointly promote the domestic waste management.
Article 44 All types of market entities shall be encouraged and guided to participate in activities such as source reduction, classified delivery, sorted collection, transportation and treatment, and resource utilization.
Article 45 This Municipality's model urban areas, communities, quarters, villages, towns, units, campuses and other mass spiritual civilization creation activities and health units, communities (villages) and other health creation activities shall include the matters relating to the waste management in the evaluation criteria thereof.
Article 46 This Municipality implements the social supervisor program for municipal solid waste management. The municipal and district landscaping and city appearance administrative departments shall publicly engage social supervisors to participate in the supervision of the whole process of waste management.
Any unit or individual has the right to lodge complaints and reports to the relevant departments through the public hotline or directly to the relevant departments. The relevant departments shall handle them in accordance with the regulations.
Article 47 Units and individuals that have made outstanding contributions and achievements in waste management shall be commended and rewarded in accordance with the relevant provisions of the State and this Municipality.
Chapter VIII Supervision and Management
Article 48 This Municipality shall establish a supervision and inspection system for at-source reduction, separation from cradle to crave, resource utilization and decontamination disposal of municipal solid waste. Relevant departments shall promptly release the inspection and its results to the public for social supervision.
The municipal and district landscaping and city appearance administrative departments shall conduct regular assessments of waste management in this Municipality, and release the assessment reports.
Article 49 The municipal and district ecological and environment departments shall supervise the discharge of pollutants such as waste water, exhaust gas, waste residue and noise, as well as surrounding soil pollution in accordance with the regulations.
Article 50 The municipal and district landscaping and city appearance administrative departments, in conjunction with the departments of commerce, ecological environment, market supervision and urban management law enforcement, shall establish a whole-process management information system for municipal solid waste.
The collection and transportation activities of waste sorted should be included in the urban grid management.
Article 51 The municipal and district landscaping and city appearance administrative departments shall prepare emergency plans of municipal solid waste treatment and establish an emergency mechanism for waste collection, transportation and disposal.
If a sudden incident causes impacts on regular waste collection, transportation and/or treatment, the waste collection and transportation agency or the disposal agency shall immediately report it to the municipal or district landscaping and city appearance administrative department, which shall promptly response according to the emergency plan.
Article 52 This Municipality shall implement a cross-regional environmental compensation policy for municipal solid waste treatment. Those districts export waste shall pay environmental compensation funds to those import ones.
The specific measures of this policy shall be formulated by the Municipal People's Government.
Article 53 The municipal and district people's governments shall establish and improve the municipal solid waste management comprehensive assessment system, which shall take the total amount control requirements as an important part.
The comprehensive assessment results shall be included in the performance appraisal content of the departments and the next-level people's government under the municipal and district people's governments
Article 54 In any of the following circumstances, the relevant department shall, according to the relevant provisions of the Shanghai Municipal Social Credit Regulations, collect information on the violation of the regulations on municipal solid waste by units and individuals into the public credit information platform of this Municipality, and take disciplinary measures on the subject of dishonesty:
1. failing to fulfill the domestic waste separation obligation and refuse to make correction, causing serious adverse effects;
2. obstructing the law enforcement department from performing its duties and causing serious consequences; or
3. other circumstances as prescribed by laws and regulations.
The municipal market supervision department, in accordance with the provisions of laws and regulations, shall incorporate into the enterprise credit information publicity system the evaluation results of the waste collection and transportation agencies and disposal agencies submitted by the landscaping and city appearance administrative department.
The municipal housing management department shall bring into the credit management system of the property service enterprises the fulfillment of management responsibility of the property service enterprises submitted by the town/township people's government, sub-district offices and urban management law enforcement departments.
Chapter IX Legal Liability
Article 55 Where any violation of the provisions of these Regulations is governed by laws or administrative regulations, such provisions shall prevail.
Article 56 If the farmer's market or the standardized vegetable market, in violation of the provisions of Paragraph 2 of Article 20 of these Regulations, fails to set up on-site treatment facilities for household food waste by the standard, the market supervision department shall order it to make correction within a time limit; for failure to make correction within the time limit, a fine of not less than 5000 yuan but not more than 50,000 yuan shall be imposed.
If a catering service provider or a catering delivery service provider, in violation of the Paragraph 2 of Article 22 of these Regulations, actively provides disposable chopsticks, spoons, etc. to consumers, the market supervision department shall order it to make correction within a time limit; for failure to make correction within the time limit, a fine of not less than 500 yuan but not more than 5,000 yuan shall be imposed.
If a hotel operator, in violation of the provisions of the Paragraph 2 of Article 22 of these Regulations, actively provides the consumer with one-time daily necessities in the guestroom, the cultural tourism department shall order it to make correction within a time limit; for failure to make correction within the time limit, a fine of not less than 500 yuan but not more than 5,000 yuan shall be imposed.
Article 57 If an unit violates the provisions of the Paragraph 1 of Article 24 of these Regulations failing to drop off municipal solid waste segregated to the corresponding collection container, the urban management and law enforcement department shall order it to make prompt correction; for refusal to make correction, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed.
If an individual violates the provisions of the Paragraph 1 of Article 24 of these Regulations, dropping off hazardous waste mixed with recyclables, household food waste or residual waste, or mixing household food waste with recyclables or residual waste, the urban management and law enforcement department shall order for prompt correction; for refusal to make correction, a fine of not less than 50 yuan but not more than 200 yuan shall be imposed.
Article 58 If the person responsible for management, in violation of the Paragraph 1 of Article 26 of these Regulations, fails to set up collection containers and facilities as required, the urban management and law enforcement department shall order for correction within a time limit; for failure to make correction within the time limit, a fine of not less than 500 yuan but not more than 5,000 yuan shall be imposed.
If a person responsible for management, in violation of the Paragraph 2 of Article 27 of these Regulations, fails to make sorted transportation, The urban management and law enforcement department shall order for prompt correction; for refusal to make correction, a fine of not less than 500 yuan but not more than 5,000 yuan shall be imposed.
Article 59 Anyone who violates the provisions of the Paragraph 1 of Article 28 of these Regulations, conducting the illegal collection and transportation of hazardous waste, household food waste and residual waste, and operational disposal of wet and residual waste without authorization, the urban management and law enforcement department shall order to stop the illegal act and impose a fine of not less than 30,000 yuan but not more than 100,000 yuan.
Article 60 If a collecting and transporting agency fails to comply with the relevant regulations, the urban management and law enforcement department shall impose penalties in accordance with the following provisions:
1.For violation of the provisions of the Paragraph 1 of Article 30 of these Regulations, failing to use special vehicles or ships, failing to clearly indicate the type of municipal solid waste to be transported, failing to conduct closed transportation or install an online monitoring system, an order shall be made for correction within a time limit; for failure to make correction within the time limit, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the license for the operation of municipal solid waste shall be revoked.
2.For violation of the provisions of Paragraph 2 of Article 30 of these Regulations, making mixed collection and transportation of municipal solid waste that has been sorted, or mixing hazardous waste, industrial solid waste, construction waste, etc. into municipal solid waste, an order shall be made for correction within a time limit; for failure to make correction within the time limit, a fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed; if the circumstances are serious, the service license for the operation of municipal solid waste shall be revoked.
3. For violation of the provisions of Paragraph 3 of Article 30 of these Regulations, failing to transport the municipal solid waste to a qualified trans-shipment site as required, an order shall be made for correction within a time limit; for failure to make correction within the time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
Article 61 If a disposal agency fails to comply with the relevant regulations, the urban management and law enforcement department shall impose penalties in accordance with the following provisions:
1. For violation of the provisions of the Paragraph 1 of Article 34 of these Regulations, failing to maintain the normal operation of municipal solid waste disposal facilities and equipment, and affecting the timely disposal of municipal solid waste, an order shall be made for correction within a time limit; for failure to make correction within the time limit, a fine of not less than 50,000 yuan but not more than 10,000 yuan shall be imposed.
2. For violation of the provisions of Paragraph 2 of Article 34 of these Regulations, failing to dispose of municipal solid waste as required, an order shall be made for correction within a time limit; for failure to make correction within the time limit, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the circumstances are serious, the business license for municipal solid waste service shall be revoked.
Article 62 If, in violation of the provisions of these Regulations, the people's governments at various levels, the relevant administrative departments and their staff members have one of the following acts, the chief person in charge or other personnel held directly responsible shall be given punishment according to law by their corresponding unit or the superior competent department:
1. failing to perform the supervision and management duties of the source reduction and the sorted drop-off, collection, transportation, disposal and utilization of municipal solid waste in accordance with the provisions;
2. failing to implement the construction of municipal solid waste treatment facilities as required;
3. failing to investigate and deal with relevant complaints and reports according to law, upon receipt thereof; or
4. other negligence, abuse of power, and malpractice.
Chapter X Supplementary Provisions
Article 63 The following provisions shall be carried out for drop-off, collection, transportation and disposal of the following waste:
1. The kitchen waste and discarded oil produced in the catering service, units providing meals and other activities shall be separately dropped in the kitchen garbage and kitchen waste oil collection container according to the relevant provisions of this Municipality, and resource utilization shall be carried out after sorted collection and transportation.
2. Bulky waste with large volume and overall integrity such as used furniture may be appointed for recycling by the operator of recyclables, or placed in a place designated by the management responsibility person, and the resource utilization or decontamination disposal shall be carried out after sorted collection, transportation, and re-treatment by disassembly.
3. For electrical and electronic products that are discarded in daily life or services for daily life, those of smaller volume shall be put into recyclables collection containers. And those of larger volume shall be recycled according to the management requirements of large-sized garbage, and disposed of in accordance with the state regulations on waste electrical and electronic products.
Article 64 The delivery, collection, transportation and disposal of industrial solid waste and hazardous waste shall be handled in accordance with relevant state regulations.
The delivery, collection, transportation and disposal of discards and other wastes generated during the construction, reconstruction, expansion, repair or demolition of a construction project, as well as during the decoration and repairs of a house shall follow the relevant regulations of the State and this Municipality on construction, demolition and decoration waste.
Article 65 These Regulations shall be effective as of July 1, 2019.