Measures for the Administration of Urban Construction Waste in Datong City (revised in 2002)

Article 1 In order to strengthen the management of urban construction waste and improve urban environmental sanitation, these Measures are formulated in accordance with the Measures for the Administration of Urban Appearance and Environmental Sanitation of Datong City and in combination with the actual situation of this Municipality. Article 2 The term "construction waste" as mentioned in these Measures refers to the wastes such as muck, waste soil, waste and sludge generated by the construction unit or individual during the construction, laying, demolition and maintenance of various buildings, structures and pipe networks. Article 3 Units or individuals engaged in the generation, collection, transportation, consumption and treatment of construction waste in the urban areas, mining areas, southern suburbs and administrative areas of development zones of this Municipality shall abide by these measures. Fourth city appearance and environmental sanitation administrative department is the administrative department in charge of urban construction waste management.

The environmental sanitation management departments of urban areas, mining areas, southern suburbs and development zones shall be responsible for the specific management of construction waste within their respective administrative areas according to the entrustment of the municipal administrative department of city appearance and environmental sanitation. Article 5 The construction unit shall, before the project starts, declare the construction waste disposal plan to the municipal administrative department of city appearance and environmental sanitation with the construction permit or project task book, and receive and fill in the Declaration Form for Urban Construction Waste Disposal in Shanxi Province.

Units or individuals that remove and transport construction waste shall apply to the municipal administrative department of city appearance and environmental sanitation for a license for urban garbage transportation.

The municipal administrative department of city appearance and environmental sanitation shall, within five working days from the date of accepting the application, make an audit decision, and if it meets the requirements, issue the Permit for Disposal of Urban Construction Waste in Shanxi Province or the Permit for Transportation of Urban Waste; Do not meet the conditions, give a reply. Article 6 The construction unit shall collect, transport, consume and dispose of construction waste on the basis of the "Shanxi Urban Construction Waste Disposal Certificate".

The piling, transportation and dumping of construction waste shall be carried out at the time and place designated by the environmental sanitation management department.

Dumping construction waste at the designated place shall pay the disposal fee to the environmental sanitation management department according to the regulations. Article 7 If the construction unit is unable to remove the construction waste and engineering muck, it may entrust the environmental sanitation management department or the units and individuals with the removal capacity to remove it, and pay the service fee for the entrusted garbage transportation. Eighth construction waste dumping sites are jointly selected by the municipal administrative department of city appearance and environmental sanitation and the municipal administrative department of city planning.

No unit or individual may set up a garbage disposal site to accept construction waste without authorization. Article 9 Any unit or individual shall keep the roads clean and tidy when removing garbage, and shall not leak construction garbage at will. Tenth in violation of these measures, one of the following acts, shall be punished in accordance with the relevant provisions of the "Datong city appearance and environmental sanitation management measures":

(1) collecting, transporting, consuming and disposing of construction waste without obtaining the Permit for Disposal of Urban Construction Waste in Shanxi Province;

(two) failing to dump construction waste at the designated time and place;

(three) failing to transport construction waste within the prescribed time. Eleventh any unit or individual has the right to report and accuse acts in violation of these measures.

The competent administrative department of environmental sanitation shall establish a complaint acceptance system and accept complaints and social supervision on acts in violation of these measures. Twelfth refuse or obstruct the administrative law enforcement personnel to perform official duties according to law, shall be punished by the public security organs in accordance with the "Regulations of the people's Republic of China on administrative penalties for public security"; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. Thirteenth if a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for administrative reconsideration, bring a lawsuit or perform the decision on administrative punishment within the time limit, the organ that made the decision on administrative punishment shall apply to the people's court for compulsory execution. Article 14 Any staff member of the environmental sanitation management department who neglects his duty, abuses his power or engages in malpractices for selfish ends shall be given administrative sanctions by his unit or the competent authority at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law. Fifteenth approach by the Municipal People's government is responsible for the interpretation of. Article 16 These Measures shall come into force as of June 1 day, 2003.