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Interim Measures of Wuhan Municipality on the Management of Construction Waste
Article 1 In order to strengthen the management of construction waste and maintain the city appearance and environment, according to relevant laws, regulations and rules such as Regulations on the Administration of City Appearance and Environmental Sanitation (the State Council DecreeNo. 10 1), Regulations on the Administration of Wuhan City Appearance and Environmental Sanitation and Regulations on the Administration of Urban Construction Waste (Ministry of Construction DecreeNo. 139).
Article 2 These Measures shall apply to the generation, transportation, consumption, utilization and other disposal and related management activities of construction waste within the administrative area of this Municipality.
Article 3 The term "construction waste" as mentioned in these Measures refers to all kinds of buildings, structures and pipe networks newly built, rebuilt, expanded and demolished by the construction unit, as well as waste soil and materials generated by residents in decorating and decorating houses.
Article 4 The municipal and district people's governments shall strengthen the leadership over the management of construction waste, guarantee the funds for the management of construction waste, incorporate the construction and comprehensive utilization of construction waste disposal sites into the development plan of circular economy, and incorporate the management of construction waste into the performance appraisal of urban comprehensive management.
Article 5 The municipal and district people's governments shall establish a supervision and coordination mechanism for construction waste disposal, regularly study and report the comprehensive management of construction waste disposal, and coordinate and deal with the outstanding problems in the management of construction waste disposal. City, district urban comprehensive management committee office is the supervision and coordination mechanism of construction waste disposal at the same level, specifically responsible for organizing, coordinating and assessing the management of construction waste disposal.
Article 6 The municipal administrative department of urban management is the competent department of construction waste management in this Municipality, and is responsible for organizing the implementation of these Measures.
The administrative departments in charge of urban management in each district are responsible for the daily supervision of construction waste disposal within their respective administrative areas.
The construction administrative department is responsible for the civilized construction management of the construction site, supervising the implementation of washing and cleaning measures, and investigating and dealing with illegal acts in violation of civilized construction management. The public security traffic management department is responsible for the road traffic management of construction waste transport vehicles, supervising the implementation of transit time and routes, and investigating and dealing with relevant road traffic safety violations.
The administrative departments of development and reform, land planning, transportation, environmental protection, price, finance and supervision shall be responsible for the related work of construction waste management according to their respective responsibilities.
Wuhan East Lake New Technology Development Zone, Wuhan Economic and Technological Development Zone and East Lake Eco-tourism Scenic Area Management Committee shall be responsible for the management of construction waste within their respective management scope in accordance with the provisions of these Measures on the management responsibilities of the District People's Government and its relevant departments.
Seventh urban management, construction, public security, traffic management and other administrative departments shall, in accordance with their respective responsibilities, establish a responsibility system for construction waste management, implement regulatory responsibilities, and supervise and inspect the production, transportation, consumption and utilization of construction waste.
City, District Urban Comprehensive Management Committee Office shall establish a supervision information platform for investigating and handling illegal acts of construction waste disposal, be responsible for collecting, collating and reporting relevant information, regularly organize administrative departments such as urban management, construction, public security and traffic management to carry out joint law enforcement, promptly investigate and deal with illegal acts of construction waste disposal, and conduct inspection and assessment on the performance of construction waste supervision duties by relevant administrative departments.
Eighth construction waste disposal should follow the principles of reduction, recycling, harmlessness and who produces and who bears the responsibility for disposal.
Ninth construction waste disposal in accordance with the relevant provisions of the state administrative licensing system; Without permission, no unit may dispose of construction waste without authorization.
To dispose of construction waste, an application shall be submitted to the administrative department of urban management according to law, and the administrative department of urban management shall make a written decision within 2 working days from the date of acceptance; If the application materials are complete and meet the statutory requirements, the license shall be granted on the spot and an administrative license certificate shall be issued; If the materials are incomplete, inform the applicant to make corrections; If the license is not granted, notify the applicant in writing and explain the reasons.
No one may alter, resell, lease, lend or illegally transfer the license documents related to construction waste disposal in other forms.
Tenth construction units in the preparation of construction project budget estimates, budgets, should be earmarked for construction waste disposal costs, and before applying for the issuance of construction waste disposal certificates, deposited in the special account set up by the construction unit. The specific measures for the supervision of special accounts shall be formulated separately by the municipal administrative department of urban management. When the construction unit bids or directly contracts the project, it shall specify the specific requirements and relevant measures of the construction unit for the management of construction waste on the construction site in the bidding documents or contract, and supervise the construction unit to carry out civilized construction in accordance with the regulations and implement the washing and cleaning measures.
Eleventh construction units or construction units shall, before the start of the project, apply to the district urban management administrative department where the project is located for the issuance of construction waste disposal certificates. The applicant shall meet the following conditions:
(a) has obtained a construction permit or other licensing documents;
(two) there are construction waste disposal plans and related materials;
(3) Have the starting conditions for civilized construction;
(four) there is a transportation and disposal contract signed with the transportation unit that has obtained the license of construction waste transportation service;
(five) there is a disposal contract, and the disposal site determined in the contract conforms to the relevant provisions;
(six) other conditions stipulated by laws, regulations and rules.
Twelfth construction units shall perform the following obligations:
(a) timely removal of construction waste, keep the site and the surrounding environment clean and tidy;
(two) in accordance with the relevant provisions of the enclosure, public signs, hardening the construction site import and export roads;
(3) Set up vehicle washing and cleaning facilities that meet the requirements, and equip full-time cleaning personnel. Vehicles entering and leaving the site shall be cleaned by washing and cleaning facilities before leaving the site;
(4) Regularly sprinkle water on the construction site to suppress dust, and take covering measures for bare soil;
(five) equipped with monitoring facilities in accordance with the relevant provisions;
(six) other obligations stipulated by laws, regulations and rules.
Article 13 Where residents carry out property management on the construction waste generated from the decoration of houses, they shall temporarily pile it up at the place designated by the property management enterprise and remove it within 2 days; If the property management is not implemented, it shall be temporarily piled up in the place designated by the street office and removed within 2 days. Construction waste generated by residents' decoration and decoration of houses shall be entrusted to the city appearance and environmental sanitation operation unit for paid removal in accordance with the prescribed standards.
Fourteenth engaged in construction waste transportation, it shall apply to the municipal administrative department of urban management for the issuance of construction waste transportation service license.
The applicant shall meet the following conditions:
(1) It has the legal person qualification of a construction waste transportation enterprise with a registered capital of not less than 3 million yuan;
(two) to obtain a road transport business license according to law;
(3) There are not less than 20 self-owned transport vehicles, and all of them have obtained road transport certificates;
(4) Transport vehicles shall be equipped with fully enclosed transport machinery, painted with body color and vehicle logo in accordance with the requirements of Regulations on the Management of Construction Waste Transport Vehicles, and equipped with GPS satellite positioning system and overhead light;
(five) the driver of the transport vehicle has obtained the qualification of road freight transport according to law;
(6) Having a sound enterprise management system;
(seven) other conditions stipulated by laws, regulations and rules.
The municipal administrative department of urban management shall, when issuing the construction waste transport service license, issue the vehicle transport license to the construction waste transport vehicles that meet the requirements.
The management norms of construction waste transport vehicles mentioned in item (4) of the first paragraph of this article shall be formulated separately by the municipal urban management administrative department in conjunction with the municipal public security traffic management department.
Fifteenth licensed units engaged in construction waste transportation (hereinafter referred to as transport units), the municipal administrative department of urban management shall be announced to the public. Construction units and construction units shall select specific carriers in the published list.
Sixteenth transport units in the transport of construction waste, construction waste disposal certificate, vehicle transport certificate and other relevant documents to the municipal public security traffic management department to apply for a vehicle pass. The vehicle pass shall specify the name and location of the project, the license plate number of the transport vehicle, the transport route, time, accommodation place and other matters.
Seventeenth transport units shall perform the following obligations:
(a) carrying construction waste that has been disposed of with the permission of the administrative department of urban management;
(two) shall not subcontract or subcontract construction waste;
(three) transport vehicles consciously accept washing before driving out of the site to prevent the wheels from polluting the road with mud;
(4) Abide by the road traffic laws and regulations, do not load with super-high or super-nuclear weight, and do not drive at an excessive speed;
(five) closed transportation to prevent leakage, scattering or flying of construction waste;
(six) the vehicle carrying road transport permits, vehicle transport permits, vehicle passes, and consciously accept supervision and inspection;
(7) Driving according to the transportation route and time specified by the public security traffic management department;
(8) Dump the construction waste in a qualified disposal site, obey the command of the site management personnel, and obtain the acceptance certificate.
Eighteenth construction waste disposal sites into the special planning of city appearance and environmental sanitation facilities. The municipal administrative department of urban management shall, jointly with the departments of development and reform, land planning, construction, environmental protection and finance. , according to the needs of urban construction and management, the preparation of construction waste disposal site construction planning, submitted to the Municipal People's government for approval before implementation.
Encourage social capital to invest in the construction of construction waste disposal sites.
Article 19 The establishment of a construction waste disposal site shall conform to the relevant management regulations on land, urban and rural planning, city appearance and environmental sanitation and environmental protection, and go through the relevant examination and approval procedures in accordance with the regulations.
Twentieth construction waste disposal sites shall meet the following conditions:
(1) Having machinery and equipment and facilities such as lighting, drainage and fire fighting to meet consumption needs;
(two) there are walls and hardened sidewalks that meet the requirements;
(three) set up a special vehicle washing site and facilities at the exit;
(four) other conditions stipulated by laws, regulations and rules.
Twenty-first construction waste disposal sites shall comply with the following provisions:
(a) failing to accept and pile up construction waste, industrial waste, domestic waste and other toxic harmful waste in accordance with the provisions;
(two) to keep the relevant equipment and facilities in good condition;
(three) keep the place and the surrounding environment clean and tidy;
(four) record the number of transport vehicles and construction waste entering the disposal site. , and regularly report the summary data to the municipal administrative department of urban management.
Twenty-second construction waste disposal services paid, the standard of disposal fees shall be formulated by the municipal price department in conjunction with the municipal administrative department of urban management, and implemented after being approved by the Municipal People's government.
Twenty-third municipal and district people's governments shall formulate preferential policies to encourage and support the comprehensive utilization of construction waste and support the scientific research and industrial development of comprehensive utilization of construction waste. Encourage enterprises to invest in the construction of construction waste comprehensive utilization projects, and encourage units and individuals to give priority to the use of construction waste comprehensive utilization products. Twenty-fourth municipal administrative departments of urban management shall establish an information platform for comprehensive utilization of construction waste to provide classified information on the generation, transportation, consumption and utilization of construction waste.
Twenty-fifth construction projects and development land need to backfill foundation pits and depressions, which meet the requirements of construction quality acceptance standards, and encourage the priority use of construction waste as backfill materials. Construction projects, development land and other places that need to be backfilled with construction waste, or low-lying areas, waste ditches and other places that can accept construction waste, the relevant units shall apply to the municipal administrative department of urban management, and backfill and accept construction waste only after field investigation and confirmation by the municipal administrative department of urban management.
Article 26 The administrative department in charge of urban management shall establish a complaint reporting system for construction waste disposal, announce the complaint reporting telephone number to the public, verify the complaints of units and individuals, and investigate and deal with them in a timely manner if they fall within the scope of functions and powers of the administrative department in charge of urban management, and inform the complainant or informant of the results; Belonging to the scope of functions and powers of other departments, it shall be handed over to the relevant departments in a timely manner.
Twenty-seventh in violation of these measures, one of the following acts, by the urban management law enforcement departments in accordance with the "Regulations on the management of urban construction waste" (Ministry of Construction DecreeNo. 139) shall be ordered to make corrections within a time limit, given a warning and fined:
(a) alter, resell, lease, lend or illegally transfer the construction waste disposal permit in other forms, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan;
(2) Whoever disposes of construction waste without obtaining a construction waste disposal certificate or disposes of construction waste beyond the permitted scope shall be fined between 654.38 million yuan and 654.38 million yuan for the construction unit, and between 5,000 yuan and 30,000 yuan for the construction unit and the unit transporting construction waste;
(3) If the construction unit or the construction unit entrusts a unit or individual engaged in construction waste transportation without permission, it shall be fined between 654.38 million yuan and 654.38 million yuan;
(four) without approval, the establishment of a disposal site to accept construction waste, the unit shall be fined 5000 yuan to 10000 yuan, and the individual shall be fined 3000 yuan;
(five) the construction waste disposal site to accept industrial waste, domestic waste and toxic harmful waste, punishable by more than 5000 yuan 10000 yuan fine;
(six) dumping, throwing or piling up construction waste at will, the unit shall be fined between 5,000 yuan and 50,000 yuan, and the individual shall be fined between 50 yuan and 200 yuan.
Twenty-eighth construction waste transport vehicles did not take sealing measures, the urban management law enforcement department shall order it to make corrections within a time limit, give a warning and impose a fine of more than 2000 yuan in 500 yuan; Construction waste leaking, spilling or flying to pollute the road surface shall be ordered to be removed in time by the transport unit, and a fine shall be imposed in accordance with the standards stipulated in the Regulations of Wuhan Municipality on the Administration of Urban Appearance and Environmental Sanitation; Refused to clear, by the city management law enforcement departments to clear, the cost borne by the parties.
Twenty-ninth in violation of the provisions of these measures, one of the following acts, the urban management law enforcement department shall order it to make corrections within a time limit, give a warning, and impose a fine in accordance with the following standards:
(a) engaged in the transportation of construction waste without permission, the unit shall be fined between 5,000 yuan and 30,000 yuan, and the individual shall be fined 1 10,000 yuan;
(two) the use of transport vehicles that do not meet the requirements of construction waste transport vehicles management norms, a fine of more than 200 yuan 1000 yuan;
(three) subcontracting or subcontracting construction waste, a fine of 5000 yuan to 10000 yuan;
(four) did not carry the vehicle transport certificate, 200 yuan +0000 yuan fine.
Article 30 If the construction unit or the construction unit violates the provisions of these Measures, fails to set up enclosures or harden import and export roads, and fails to implement vehicle washing and cleaning measures, the construction administrative department shall order it to make corrections within a time limit, and impose a fine of 1 10,000 yuan or more 1 according to the relevant provisions of the Administrative Measures for Civilized Construction of Construction Projects in Wuhan (21Order). If the construction unit or the construction unit fails to rectify as required or fails to rectify within the time limit, the construction administrative department shall order it to stop work for rectification according to law, and record and publish its bad behavior in accordance with relevant regulations.
Thirty-first transport units in violation of the provisions of these measures, ultra-high, ultra-nuclear heavy loading transport, speeding, by the public security traffic management department in accordance with the relevant provisions of the "road traffic safety law of the people's Republic of China" will be punished; If a transport vehicle fails to apply for a vehicle pass or fails to travel according to the designated transport route and time, it shall be fined by the traffic management department of the public security department in 200 yuan.
Article 32 If the vehicle belonging to a transport unit violates the provisions of these measures and the bicycle is punished twice within 1 year and still fails to make corrections, the competent department of urban management administration shall take back the vehicle transport permit and refuse to issue it within 1 year, except for the punishment in accordance with these measures.
Thirty-third by violence or threat to forcibly undertake the construction waste transportation business, or refuse or hinder law enforcement officers from performing official duties according to law, the public security department shall give administrative punishment in accordance with the relevant provisions of the "People's Republic of China (PRC) Public Security Management Punishment Law"; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.
Thirty-fourth other acts in violation of these measures, laws, regulations and rules have been punished, from its provisions.
Article 35 If a party refuses to accept the decision on administrative punishment made by an administrative organ, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If a party fails to perform the decision on administrative punishment within the time limit, the administrative organ may enforce it according to law or apply to the people's court for enforcement.
Article 36 The administrative departments of urban management, construction, public security and traffic management and their staff shall perform their duties according to law, and shall not neglect their duties, abuse their powers or engage in malpractices for selfish ends. In any of the following circumstances, the unit or the administrative department at a higher level or the supervisory organ shall give accountability or administrative sanctions according to the seriousness of the case; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law:
(a) the administrative department in charge of urban management, public security traffic management departments in violation of the provisions of the issuance of construction waste disposal related licenses;
(two) the administrative department of city management fails to investigate and deal with the illegal acts related to the disposal of construction waste in a timely manner according to law;
(three) the construction administrative department fails to investigate and deal with the violation of civilized construction on the construction site in time according to law;
(four) the public security traffic management department fails to promptly investigate and deal with the violation of road traffic regulations by construction waste transport vehicles;
(five) other circumstances that do not perform their supervisory duties according to law.
Article 37 These Measures shall come into force on June 20th, 20 1 1 year.
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