Provisions of Shanghai Municipality on the Disposal and Management of Construction Wastes
Provisions of Shanghai Municipality on the Disposal and Management of Construction Wastes
(Promulgated by Decree No. 57 of Shanghai Municipal People's Government on September 18, 2017; amended by Decree No.16 of Shanghai Municipal People's Government on January 17, 2025)
Chapter I General Provisions
Article 1 (Purposes and Basis)
With a view to strengthening this Municipality's management of construction wastes, promoting a reduction of both the quantity and the disposal at the source, and a resource-oriented utilization, and maintaining the city appearance and the environmental sanitation, these Provisions are formulated according to the Law of the People's Republic of China on the Environmental Pollution Prevention and Control of Solid Waste, the Regulations of Shanghai Municipality on the Management of City Appearance and Environmental Sanitation, and other relevant laws, rules and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 (Scope of Application and Implication)
These Provisions shall apply to the disposing activities such as the reduction of both the quantity and disposal, recycling, collection, transport, transit, sorting, disposal, and the related supervision and management of the construction wastes in this Municipality’s administrative areas.
The construction wastes shall include the construction project wastes and decoration wastes. The construction project waste refers to the abandoned soil, discarded materials and other wastes produced in the process of construction, reconstruction, expansion, repair or demolition of construction projects. The decoration waste refers to the discarded materials and other wastes produced in the process of house decoration and renovation that need no implementation of the construction permit management according to the State provisions.
Article 3 (Principle of Disposal)
The disposal of construction wastes shall practice the principle of reduction, resource-oriented recycling, harmlessness and "the producer of the wastes shall bear the responsibility of disposal".
Article 4 (Administrative Department)
The municipal administrative department of landscaping and city appearance shall be the competent department of construction waste disposal in this Municipality, and be responsible for the supervision and administration of construction waste disposal. The district administrative departments of landscaping and city appearance shall be responsible for the specific administration of the construction waste disposal in the areas under their jurisdictions.
The municipal administrative department of housing and urban-rural development shall be responsible for the administration of the recycling and utilization of the discarded construction concrete in the construction wastes of this Municipality.
The municipal and district urban management and law enforcement departments, town/township people's governments and sub-district offices (hereinafter referred to as "urban management and comprehensive enforcement department") shall impose administrative penalties for the relevant acts that violate these Provisions according to law.
The municipal administrative departments of development and reform, transport, public security, planning and natural resources, economy and informatization, maritime safety, water affairs, price, market regulation, ecology and environment, national defense mobilization, and housing administration, and other administrative departments shall coordinate with each other for the implementation of these Provisions according to their respective duties and functions.
Article 5 (Administration of Jurisdiction Areas)
The district people's government shall be the responsible subject for the administration of the disposal of construction wastes within its jurisdiction, and shall strengthen the leadership over the management work of the disposal of construction wastes in the areas under its jurisdiction.
The town/township people's government and the sub-district office shall, under the guidance of the district administrative department of landscaping and city appearance, do well in the administration of the source of construction wastes and the coordination work of the construction waste disposal in the areas under its jurisdiction.
The district and town/township people's government and the sub-district office shall include the management of construction waste disposal into the Integrated Online Administration framework, strengthen the daily inspections, and timely issue orders and coordinate relevant departments and units to deal with the problems discovered during the inspections.
The funds needed for the administration over the disposal of construction wastes shall be included in the financial budgets of the people’s governments at all levels.
Article 6 (Classified Disposal)
Construction wastes shall be classified for disposal according to the following requirements:
1. The construction soil shall be transported to the disposal sites for disposal;
2. The mud shall be transported to the disposal sites for disposal after a pre-treatment in the mud pre-treatment facilities;
3. The decoration waste and demolition waste shall, after sorting, be disposed of in the disposal sites and be utilized in resource-oriented recycling facilities;
4. And the construction waste concrete shall be utilized via the resource-oriented recycling facilities.
Article 7 (Information Collection, Sharing, and Application)
The municipal administrative department of landscaping and city appearance shall, in conjunction with the municipal departments of housing and urban-rural development, transport, water affairs, national defense mobilization, housing administration, public security, ecology and environment, and urban management and law enforcement, and other relevant departments, and relying on the big data resource platform, strengthen the collection, sharing, and application of the information concerning the inter-department mutual permits, supervision, and law enforcement, and provide a support for the realization of the whole-process administration of construction wastes.
Article 8 (Credit Administration)
The municipal administrative departments of landscaping and city appearance, and housing and urban-rural development shall, according to the provisions of the State and this Municipality, include the relevant dishonest information of the units that have violated these Provisions into the municipal service platform of public credit information.
Article 9 (Industry Self-discipline)
The development, construction, city appearance and sanitation and other related industry associations shall formulate industry self-discipline norms, and urge their member units to strengthen the management of the disposal activities of construction wastes; and the associations may take the appropriate self-disciplinary penalty measures on the member units that have violated the self-discipline norms.
Chapter II Quantity Reduction at the Source and Recycled Utilization of Resources
Article 10 (Quantity and Disposal Reduction at Source)
This Municipality shall popularize new technologies, new materials, new techniques and new standards such as the prefabricated construction, fully decorated house, application of construction information model, design standards of green buildings, etc. to promote the reduction of construction wastes at the source.
This Municipality shall encourage the reduction of construction waste disposal by means of improving the elevation of construction planning, landscape creation through slope piling, leveling up low-lying lands and other utilization modes on the spot, and encourage the construction units to adopt the technology of mixture material with recycled road waste asphalt, mud drying, sediment separation and other such construction techniques to reduce the disposal of construction wastes.
The adoption of the measures for quantity and disposal reduction at the source according to the provisions of the Paragraph 1 or 2 of this Article shall be in line with the relevant provisions of the State and this Municipality relevant to the planning and environmental protection.
Article 11 (Use of Resource-Oriented Recycling Products)
This Municipality shall implement the system of compulsory use of resource-oriented recycling products of construction wastes. These products must meet the standards and be used according to the prescribed scope, proportion, and quality requirements. The specific procedures shall be formulated by the municipal administrative department of housing and urban-rural development in conjunction with the municipal departments of development and reform, and transport, and other relevant departments.
The municipal administrative department of housing and urban-rural development shall be responsible for formulating the application standards for the resource-oriented recycling products of construction wastes.
Article 12 (Requirements on the Relevant Units of Construction Projects)
The development unit and the construction unit shall define the specific requirements and measures for the quantity and disposal reduction of construction wastes at the construction site, and the relevant utilization requirements for the resource-oriented recycling products of construction wastes in the project bidding documents, contracts and construction organization designs.
The supervision unit shall include the relevant requirements and measures stipulated in the preceding Paragraph into its scope of supervision.
Article 13 (Scientific Research and Technical Cooperation)
This Municipality shall encourage colleges and universities, scientific research institutions, enterprises of resource-oriented recycling of construction wastes and other units to carry out relevant scientific research and technical cooperation, popularize new technologies, new materials, new techniques, new equipment of resource-oriented recycling of construction wastes.
Article 14 (Policy Support)
The municipal administrative department of development and reform shall, jointly with the relevant administrative departments, formulate policies to support the utilization of resource-oriented recycling products of construction wastes, and support the enterprises of resource-oriented recycling of construction wastes which are in line with the industrial development orientation.
Article 15 (Recycling and Utilization of Construction Waste Concrete)
The construction waste concrete shall be recycled and utilized by relevant enterprises according to the relevant provisions. The specific procedures shall be separately formulated by the municipal administrative department of housing and urban-rural development jointly with the municipal administrative department of landscaping and city appearance.
Chapter III Planning and Construction of Disposal Sites and Facilities
Article 16 (Planning and Construction Plans)
The municipal administrative department of landscaping and city appearance shall, jointly with the municipal administrative departments of planning and natural resources, and housing and urban-rural development, formulate the special planning for the construction waste disposal sites (hereinafter referred to as the "disposal sites"), the sites needed for resource-oriented recycling facilities, the transit and sorting sites including the mud pretreatment facilities (hereinafter referred to as "transit and sorting sites") in this Municipality, and shall submit the planning to the Municipal People's Government for approval according to the statutory procedures.
The district people's government shall, according to the planning prescribed in the preceding Paragraph, formulate the construction plan of disposal sites, resource-oriented recycling facilities and transit and sorting sites within its jurisdiction, and be responsible for the organization and implementation of the plan.
Article 17 (Filing Administration on Disposal Sites)
The relevant unit shall, before the starting of such sites as the disposal sites, construction projects that need back-filling of construction wastes, low-lying lands and waste ditches and ponds, and other sites used for construction waste disposal, and temporary storage sites for construction wastes, apply to the local district administrative department of landscaping and city appearance for a filing.
The district administrative department of landscaping and city appearance shall send specially-assigned person(s) to the scene for verification and guidance, and, based on actual needs, consult with the departments of planning and natural resources, agriculture and rural affairs, water affairs, and ecology and environment, and the local town/township people’s government or sub-district office.
Article 18 (Requirements for Disposal Sites and Facilities)
The disposal sites, resource-oriented recycling facilities and transit and sorting sites shall meet the following requirements:
1. having the video monitoring system and electronic information devices meeting the requirements stipulated by the municipal administration department of landscaping and city appearance;
2. having the mechanical equipment, lighting, fire-fighting and other facilities meeting the needs of disposal, resource-oriented recycling and sorting;
3. having the enclosures that conform to the provisions, and the hardened entrance and exit roads;
4. having the stacking and operation sites suited for the scales of disposal, resource-oriented recycling and sorting;
5. and installing special sites and vehicle washing and cleaning facilities for transport vehicles at the exit.
The requirements for low-lying lands, waste ditches and ponds, and other sites used for the disposal of construction wastes, as well as the temporary storage sites for construction wastes, shall be separately formulated by the municipal administrative department of landscaping and city appearance.
Article 19 (Transit Wharfs)
The municipal transport administrative department shall, jointly with the municipal administrative department of landscaping and city appearance, improve the layout of wharfs for transporting construction wastes (hereinafter referred to as the "transit wharfs"), and propel the construction of transit wharfs according to the needs of water transport of the construction wastes and the actual situation of this Municipality.
The transit wharfs shall obtain the port operation permit according to law, and be equipped with the video monitoring system, electronic information devices and anti-pollution facilities in conformity with the requirements of the municipal administrative department of landscaping and city appearance.
The transit wharfs shall apply to the local administrative department of landscaping and city appearance for a filing.
Chapter IV Disposal of Construction Project Wastes
Article 20 (Requirements on Project Bidding and Contracting)
The development unit that produces construction wastes and the demolishing unit of buildings and structures (hereinafter referred to as "development unit") shall, at the time of project bidding or direct contracting, define in the project bidding documents and/or contracts the specific requirements and measures for the construction unit’s standardized and classified disposal and no mix up of construction wastes at the construction sites.
Article 21 (Listing of Transportation and Disposal Expenses)
The development unit shall, while compiling budgetary estimates and budgets for construction projects, list specially the transport and disposal expenses of construction wastes.
Article 22 (Generation of Transport Units)
The transport unit of construction project wastes shall be generated through bidding, and the transport unit shall obtain the transport permit of construction project wastes issued by the municipal administrative department of landscaping and city appearance according to law. The term of validity for the transport permit of construction project wastes shall be not more than five years.
The basic information of the transport unit shall be published to the public.
The specific procedures for the bidding of transport units shall be formulated by the municipal administrative department of landscaping and city appearance in conjunction with the relevant administrative departments.
Article 23 (Bidding Conditions)
The municipal administrative department of landscaping and city appearance shall organize and implement the bidding and tendering activities of the waterway transport units in this Municipality. The bidding conditions shall include the following contents:
1. legally obtaining the waterway transport permit;
2. the number of self-owned ships, the total carrying capacity or the total ratified loading capacity of the transport ships meeting the relevant requirements;
3. the transport ships meeting this Municipality's technical and transport management requirements of the construction waste ships;
4. and having a sound enterprise management system.
The district administrative department of landscaping and city appearance shall organize and implement the bidding and tendering activities of the road transport units in its district. The bidding conditions shall include the following contents:
1. the number of self-owned transport vehicles with the road transport vehicle operation permit meeting the relevant requirements;
2. the transport vehicles meeting this Municipality's requirements of technology and transport management of transport vehicles of construction wastes;
3. the number of drivers of the transport vehicles matching with the number of transport vehicles, and the drivers having passed the traffic safety training organized by the relevant departments;
4. the driver of transport vehicles having the experience of driving a large vehicle for more than three years and having no records of death-causing road traffic accidents with full or main liabilities;
5. and having a sound enterprise management system.
Article 24 (Selection of Transport Unit and Determination of Site's Facility)
The construction unit shall entrust the unit that has obtained the transport permit of construction project wastes to carry out the business.
The construction unit shall determine the disposal sites and resource-oriented recycling facilities that meet the requirements of these Provisions; when unable to determine such facts, the construction unit shall submit applications to the local district administrative department of landscaping and city appearance, and the latter shall determine such matters according to the principle of overall arrangement.
Article 25 (Determination of Transport and Disposal Expenses)
The construction unit shall determine the transport and disposal expenses of construction project wastes with the transport units, and the operating units of disposal sites and resource-oriented recycling facilities respectively through negotiation, and clearly express such expenses in the contracts of transport and disposal.
Article 26 (Report of Filing and Disposal)
The construction unit shall formulate a construction project waste disposal plan, take pollution control measures, and submit it to the local district administrative department of landscaping and city appearance for a filing before the starting of the project. The construction project waste disposal plan shall include the project overview, measures for quantitative reduction of construction project wastes at the source, pollution control measures, the total amount expected to be generated, disposal and recycling methods, and the arrangement of the waste disposal plan.
The construction unit shall, according to law, apply to the local district administrative department of landscaping and city appearance for a construction waste disposal permit. The application for the construction waste disposal permit shall include submission of the information of the types and quantities of wastes to be disposed of, the transit wharfs, transit-sorting sites, disposal sites, and resource-oriented recycling facilities, as well as the information about the transport contract, disposal contract, and transportation and disposal fees.
The district administrative department of landscaping and city appearance shall carry out the examination within five working days upon the date of accepting the application. Where the application is consistent with the disposal provisions, the said department shall issue the disposal permit, and copies of the disposal permit corresponding to the number of transport vehicles and ships; where the application is not consistent with the disposal provisions, the said department shall not issue the disposal permit, and shall inform the applicant of the reasons in writing.
The disposal permit shall carry such items as the name of the construction unit, the name of the transport unit, the name of the project and the location, disposal period, transit wharfs, transit and sorting sites, disposal sites and resource-oriented recycling facilities, license plate numbers of transport vehicles, transport ship numbers, transport routes, transport time, etc.
It is forbidden to alter, resell, lease, lend or transfer the disposal permit.
Article 27 (Mid-Project and Post-Project Supervision)
The administrative department of landscaping and city appearance shall strengthen the mid-project and post-project supervision of the construction project waste disposal report, and verify the disposal situation of construction project wastes in the routine inspections and before the completion of the project.
When relevant administrative departments, such as the housing and urban-rural development, transport, water affairs, national defense mobilization, and housing administration, conduct on-site inspections of construction quality and safety, they shall check the disposal permit. If it is found that the construction unit has not obtained the disposal permit, the urban management and comprehensive enforcement department shall be timely notified to handle the issue on-site.
Article 28 (Publicity Requirements at Construction Sites)
The construction unit shall publicize a summary of the construction project waste disposal plan and a summary of the disposal permit at the construction site. The specific content shall be determined by the administrative department of landscaping and city appearance in conjunction with the relevant administrative departments.
Article 29 (Classification Requirements at Construction Sites)
The construction unit shall classify the construction wastes disposed of from the construction site. No construction wastes shall be mixed up with domestic wastes and hazardous wastes.
Article 30 (Management Requirements at Construction Site)
The construction unit shall assign management personnel of construction project waste at the construction sites, fill out the pre-check forms for transport vehicles, supervise the standard shipment of construction project wastes on the spot according to this Municipality’s management norms of construction waste shipment, and ensure the transport vehicles to drive off after being rinsed out.
The construction unit shall install video surveillance systems at the entrances and exits of the construction site for transport vehicles, and take appropriate technical measures to identify and record the transport vehicle information.
The transport unit shall arrange management personnel to supervise and manage the operations of transport vehicles at the construction sites, do a good job in the sealed shipment and cleaning work of the transport vehicles according to the requirements of construction site management, and ensure the normal and standard use of the electronic information equipment installed on the transport vehicles.
The construction unit shall, when finding the transport unit violates the requirements of construction waste management at the construction site, require the transport unit to correct immediately; when the transport unit refuses to correct, the construction unit shall report immediately to the local district administrative department of landscaping and city appearance. The local district administrative department of landscaping and city appearance shall, after receiving the report of the construction unit, timely deal with the case at the construction site.
The management situation of construction project wastes at the construction site shall be included in the contents of this Municipality’s Model Construction Site Creation Program.
The administrative departments of landscaping and city appearance, housing and urban-rural development, transport, water affairs, national defense mobilization, and housing administration shall urge the construction units to implement the construction site management requirements according to these Provisions.
Article 31 (Norms for Transport by Vehicles and Ships)
The transport vehicles and ships of construction wastes shall meet the requirements of technology and transport management of transport vehicles and ships for construction wastes, carry the unified identity mark, install and use in a unified way the electronic information devices for recording routes, time, transit and sorting sites, transit wharfs, disposal sites, resource-oriented recycling facilities and load-bearing, carry disposal permit copies on the vehicles and ships, and drive along the regions (routes) and times prescribed by the administrative departments of transport, public security, and maritime safety, and shall not overload construction project wastes.
The administrative departments of transport, public security, and maritime safety shall, when finding construction project waste transport vehicles or ships without carrying copies of the disposal permit during their routine supervision and inspections, timely notify the urban management and comprehensive enforcement department to deal with the case at the scene.
The specific contents of the technical and transportation management requirements for construction waste transport vehicles and ships stipulated in Paragraph 1 of this Article shall be determined by the municipal administrative department of landscaping and city appearance in conjunction with relevant administrative departments.
Article 32 (Obligation of Operating Units)
The operating units of disposal sites, resource-oriented recycling facilities and transit wharfs shall perform the following obligations:
1. accepting construction wastes according to the provisions;
2. keeping the relevant equipment and facilities in good conditions;
3. keeping the sites, facilities, transit wharfs and the surrounding environment neat and clean;
4. keeping records of the transport vehicles, ships entering the sites, facilities, transit wharfs, and the quantity of the construction waste received, and periodically reporting the summary data to the municipal or district administrative department of landscaping and city appearance;
5. and issuing a receipt of the disposed construction waste to the transport unit for the construction waste that is accepted and meets the requirements.
The operating unit of the transit-sorting sites shall, apart from performing the obligations prescribed in Paragraphs 1. 2, 3 and 4 of the preceding Article, also sort and stack separately the construction project wastes according to the sorting specifications of construction wastes.
Where a transport vehicle does not carry a copy of the disposal permit, or the wastes carried do not conform to the contents of the disposal permit, the operating unit of disposal sites, resource-oriented recycling facilities, transit wharfs, and sorting facilities shall have the right to refuse the acceptance, and shall immediately report to the local district administrative department of landscaping and city appearance.
This Municipality's specific norms for the sorting of construction wastes shall be formulated by the municipal administrative department of landscaping and city appearance in conjunction with the relevant administrative departments.
Article 33 (Transport Units’ Information Submission)
The road and waterway transport unit shall regularly submit the transport and disposal quantities of construction project wastes to the local district administrative department of landscaping and city appearance or the municipal administrative department of landscaping and city appearance.
Article 34 (Waste Disposal of Demolished Illegal Buildings)
The waste produced by demolishing the illegal buildings according to law shall be disposed of according to the relevant requirements of this Chapter; however, the odd scraps of waste thus produced may be disposed of according to the relevant provisions of Chapter V of these Provisions.
Chapter V Disposal of Decoration Wastes
Article 35 (Responsible Persons of Disposal Management)
This Municipality shall implement the system of responsible persons for decoration waste disposal.
For the residential quarter commissioned by the property owners to the property service enterprise to implement the property management, the commissioned property service enterprise shall be the responsible person; for the residential quarter not commissioned to the property service enterprise to implement the property management, the property owner shall be the responsible person.
For the offices and operating sites of organs, enterprises and institutions, social organizations and other units commissioned to the property service enterprises to implement the property management, the commissioned property service enterprises shall be the responsible persons; for those not commissioned to the property service enterprises, the units concerned shall be the responsible persons.
Article 36 (Obligation of Responsible Persons of Disposal Management)
The responsible person of the waste disposal management shall fulfill the following obligations:
1. Setting up special sites to stack decoration wastes;
2. No domestic refuse and hazardous waste can be mixed up in the stacking sites for decoration wastes;
3. Keeping the stacking sites for decoration wastes neat and clean, and taking measures to prevent the pollution of flying dust;
4. And making clear such items as the norm and time of decoration waste disposal, and ways of supervision and complaint, and other matters.
The responsible person of decoration waste management shall, when really unable to set up decoration waste stacking sites due to the restriction of objective conditions, inform the local town/township people's government or the sub-district office. The town/township people's government and the sub-district office shall be responsible for designating the decoration waste stacking sites.
Article 37 (Disposal Requirements)
The unit and individual that produce decoration wastes shall dispose of the decoration wastes at the decoration waste stacking sites set up by the responsible person of decoration waste management, or designated by the town/township people's government or the sub-district office, and comply with the following specific disposal requirements:
1. collecting the decoration waste and domestic refuse separately and not mixing them up;
2. putting decoration waste in bags;
3. and disposing of the harmful waste in the decoration waste separately into the collection container for harmful wastes.
The unit and individual that produce decoration wastes shall be encouraged to dispose of the wastes in a classified way for the decoration waste that can be recycled as resource; the responsible person for the decoration waste disposal management shall provide relevant guidance.
Article 38 (Designated Clearance Transport)
The responsible person of decoration waste disposal management shall have the decoration waste within the scope of its management handed over to the operating service unit of city appearance and environmental sanitation that meets the provisions (hereinafter referred to as the "operating service unit") for the clearance transport, and define the items such as the transport time, frequency, expenses, payment methods, etc.
Article 39 (Operating Service Units)
The operating service unit shall be generated through bidding; the specific bidding activity shall be organized and implemented by the district administrative department of landscaping and city appearance, and the winner operating service unit shall be announced to the public.
The bidding conditions of the operating service unit shall include:
1. having self-owned transport vehicles with the operation permit of road transport vehicle;
2. the transport vehicles meeting this Municipality's requirements of technology and transport management of the construction waste transport vehicle;
3. the number of the drivers of the transport vehicles matching with the number of transport vehicles, and the drivers having passed the traffic safety training organized by the relevant departments;
4. and having sound enterprise management systems.
The district administrative department of landscaping and city appearance shall sign operating service agreements with the winner operating service unit, defining the scope, norms, time periods, transit and sorting sites of the decoration waste operating service and the determination method of service charge and other matters.
Article 40 (Requirements on Clearance Transport Service)
The operating service unit shall use the transport vehicles meeting this Municipality's requirements of the technology and transportation management of the construction waste transport vehicles, and transport the decoration wastes to the transit and sorting sites prescribed in the operating service agreement.
The operating service unit, transport expense standards and other matters shall be published in the property management areas.
Article 41 (Obligations of Operating Units of Transit and Sorting Sites)
The operating units of the decoration waste transit and/or sorting sites shall perform the relevant obligations of Paragraph 2 of Article 32 of these Provisions.
Article 42 ( Clearance Transport Expenses)
The clearance transport expenses of decoration wastes shall be borne by the unit or individual that produces the waste.
This Municipality's industry associations of city appearance and environmental sanitation, property management, decoration and renovation shall regularly collect every district's price information for the clearance transport of decoration wastes and publish them to the public.
Chapter VI Legal Liability
Article 43 (Handling of the Violation of the Requirements on Disposal Permit Management)
Where the construction unit, in violation of the provisions in Paragraph 5 of Article 26, alter, resell, lease, lend or transfer the disposal permit, the urban management and comprehensive enforcement department shall order the violator to make a correction, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on the violator.
Article 44 (Handling of the Violation of the Requirements on Construction Site)
For the violation of the relevant requirements on the construction sites of these Provisions, the urban management and comprehensive enforcement department shall order the violator to make a correction, and impose the penalty according to the following provisions:
1. For the construction unit, in violation of the provisions of Article 28, failing to publicize the summary of the construction project waste disposal plan and the summary of disposal permit at the construction site, a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed on the violator;
2. For the construction unit, in violation of the provisions of Article 29, failing to classify the construction waste disposed of from the construction sites, a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be imposed on the violator;
3. For the construction unit, in violation of the provisions in Paragraph 2 of Article 30, failing to install the video surveillance system as required and failing to implement corresponding technical measures to identify and record transport vehicle information, a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed on the violator;
4. And for the transport unit, in violation of the provisions in Paragraph 3 of Article 30, failing to assign the management personnel for the supervisory management at the construction site, a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed on the violator;
For the construction unit, in violation of the provisions in Paragraph 1 of Article 30, failing to assign management personnel for the supervisory management, the administrative department of housing and urban-rural development shall order the violator to make a correction, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan on the violator.
Article 45 (Handling of the Violation of Transport Requirements)
For the transport unit or the operating service unit, in violation of the provisions in Paragraph 1 of Article 31 and/or Paragraph 1 of Article 40, using vehicles or ships that do not meet this Municipality's relevant requirements of the transport vehicles and ships of construction wastes, the urban management and comprehensive enforcement department shall order the violator to make a correction, and impose a penalty according to the following provisions:
1. A fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed on the violator for the violation of relevant technical requirements;
2. And a fine of not less than 200 yuan but not more than 2,000 yuan shall be imposed on the violator for the violation of relevant transportation management requirements.
Article 46 (Handling of the Violations of the Requirements on Transit, Disposal, Recycling, and Information Reporting)
For the operating units of disposal sites, resource-oriented recycling facilities, transport wharfs, or transit and sorting sites, in violation of the provisions in Paragraphs 1 and 2 of Article 32 and/or the provisions of Article 41, failing to perform the relevant obligations, the urban management and comprehensive enforcement department shall order the violator to make a correction and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on the violator.
For the road or waterway transport unit, in violation of the provisions of Article 33, failing to regularly report the transport and disposal quantities, the urban management and comprehensive enforcement department shall order the violator to make a correction, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on the violator.
Article 47 (Handling of the Violation of the Requirements on Decoration Waste Stacking Sites)
For the responsible person of decoration waste disposal, in violation of the provisions in Item 1 of Paragraph 1 of Article 36, failing to set up special decoration waste stacking sites, the urban management and comprehensive enforcement department shall order the violator to make a correction and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan on the violator.
Article 48 (Handling of the Violation of the Requirements on Decoration Waste Disposal)
For the unit or individual that produces decoration waste, in violation of the provisions in Paragraph 1 of Article 37, failing to abide by the specific disposal requirements, the urban management and comprehensive enforcement department shall order the violator to make a correction, and impose a fine of not less than 100 yuan but not more than 1,000 yuan on the individual, but a fine of not less than 500 yuan but not more than 5,000 yuan on the unit.
Article 49 (Suspension of the Transport Permit)
Where the transport unit commits the following illegal acts more than three times within a certain period of time, the municipal administrative department of urban management and comprehensive enforcement shall, according to the relevant provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation, revoke its transport permit of construction project wastes:
1. failing to take measures such as sealing, binding, or covering to prevent leakage and spillage;
2. transport vehicles and ships being overloaded of construction project wastes;
3. dumping, scattering, stacking and disposing of construction project wastes without authorization;
4. or transporting construction project wastes produced by the construction unit which has not obtained the disposal permit.
Where the transport unit commits the illegal acts of Item 3 or 4 of the preceding Paragraph, and causes a significant ecological damage or has a serious negative social impact, the municipal urban management and comprehensive enforcement department shall directly revoke the transport permit of construction project wastes according to the relevant provisions of the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation.
"A certain period of time" specified in Paragraph 1 of this Article shall be prescribed by the municipal urban management and comprehensive enforcement department and promulgated to the public.
Article 50 (Other Legal Liabilities)
In violation of these Provisions, and causing an environmental pollution or ecological damage, the violator shall assume the liability for a corresponding compensation according to law; and where the violation constitutes a crime, the violator shall assume the criminal liability according to law.
Article 51 (Administrative Supervision)
Where the district and town/township people’s governments, sub-district offices and relevant administrative departments and their staff, in violation of these Provisions, commit one of the following acts, the direct responsible competent person(s) and other direct responsible person(s) shall be punished according to law:
1. failing to implement the construction waste disposal sites and facility construction according to the requirements;
2. failing to organize and implement the bidding activities of transport and operating service units according to the requirements;
3. failing to designate stacking sites for decoration wastes;
4. or other situations of failing to perform the duty of supervision and administration of construction waste disposal according to law.
Chapter VII Supplementary Provision
Article 52 (Effective Date)
These Provisions shall be effective as of January 1, 2018. The Provisions of Shanghai Municipality on the Management of Disposal of Construction Wastes and Project Wastes promulgated by Decree No. 50 of Shanghai Municipal People's Government on November 8, 2010 shall be abolished simultaneously.