Supervision measures for property waste

Measures to promote the classification and reduction of domestic waste in Shanghai;

Chapter I General Provisions

Article 1 (Purpose and Basis)

In order to promote the classified reduction of domestic garbage and improve the living environment, these measures are formulated in accordance with the People's Republic of China (PRC) Law on the Prevention and Control of Environmental Pollution by Solid Wastes, the Regulations on the Administration of Urban Appearance and Environmental Sanitation, the Regulations on the Administration of Shanghai Appearance and Environmental Sanitation and other laws and regulations, and combined with the actual situation of this Municipality.

Article 2 (Scope of Application)

These Measures shall apply to the domestic waste delivery and related management activities in the classified domestic waste delivery area of this Municipality.

The classification area of domestic waste in this Municipality shall be determined by the municipal administrative department of greening and city appearance in a step-by-step manner and announced to the public.

Article 3 (Basic Principles)

The classification and reduction of domestic waste in this city follows the principles of government guidance, social participation, territorial management and step-by-step promotion, and gradually improves the level of domestic waste reduction, resource utilization and harmless treatment.

Article 4 (Administrative Department)

The municipal greening administrative department is responsible for the organization, promotion, guidance, supervision and management of domestic waste classification and reduction.

The municipal administrative department of commerce is responsible for the guidance, supervision and management of the recycling of recyclable materials in domestic garbage.

The municipal environmental protection administrative department is responsible for the guidance, supervision and management of hazardous waste disposal in domestic garbage.

Other administrative departments of this Municipality shall, in accordance with their respective responsibilities, coordinate the implementation of these measures.

Article 5 (Responsibilities of District and County Governments and Towns and Streets)

The district (county) people's government shall be responsible for organizing the implementation of the classification and reduction of domestic waste within its jurisdiction. The district (county) administrative department of greening and city appearance shall be responsible for the guidance, supervision and management of the classification and reduction of domestic waste within its jurisdiction.

Township (town) people's government, street offices in accordance with the deployment of the district (county) people's government, responsible for the specific implementation of domestic waste classification and reduction work within their respective jurisdictions.

Article 6 (Joint Meeting System)

The city has established a joint meeting system to promote the classification and reduction of domestic waste, and comprehensively coordinated major issues in the classification and reduction of domestic waste.

Article 7 (Establishment of objectives)

The municipal administrative department of greening and city appearance shall, jointly with the relevant administrative departments, formulate the phased goal of promoting the classification and reduction of domestic waste in this Municipality. The phased objectives of this Municipality to promote the classification and reduction of domestic waste include the total amount control indicators of domestic waste treatment in cities, districts (counties) and the regional promotion indicators for the implementation of classified delivery.

Article 8 (Obligations of Garbage Producers)

Any unit or individual shall fulfill the obligation of classifying and reducing domestic garbage and maintain a good urban environment.

Article 9 (Cleaner Production)

This Municipality encourages research and development of cleaner production technologies, uses clean energy and raw materials, and adopts measures such as improving management and comprehensive utilization to promote recycling and resource utilization.

Article 10 (Reducing Packaging)

Producers and sellers of commodities in this Municipality shall strictly implement the relevant provisions on the reduction of commodity packaging in this Municipality to reduce the generation of packaging waste.

Article 1 1 (reduction of fruit and vegetable skins)

The large-scale fruit and vegetable market in this city should implement the local treatment of fruit and vegetable skins; Standardized vegetable market implements the listing of clean vegetables.

Article 12 (Low Carbon Consumption)

This Municipality encourages units and individuals to use recyclable resource materials.

Hotels, restaurants and other business units in this city should reduce the use of disposable items; Catering business units should also prompt and guide consumers to spend moderately.

Article 13 (Green Office)

State organs and institutions in this Municipality shall first implement green office. Government procurement should give priority to recyclable and resource projects in accordance with regulations.

Article 14 (Supporting Policies and Standards)

Municipal development and reform, finance, economic informatization, quality and technical supervision, commerce, tourism, agriculture, government affairs and other administrative departments shall, according to the requirements of Article 9 to Article 13 of these Measures and their respective responsibilities, formulate supporting documents and standards.

Article 15 (Complaints and Reports)

Any unit or individual who finds any violation of these measures has the right to report and complain to the relevant administrative departments. After receiving reports and complaints, the relevant administrative departments shall promptly handle and feedback the results; Do not belong to the responsibilities of the department, it should be handed over to the administrative department in a timely manner. ? [2]?

Chapter II Classification Standards and Classification Delivery Requirements

Article 16 (Classification Standard for Domestic Waste)

The basic classification of municipal solid waste is:

(1) Recyclable materials refer to waste plastics, waste paper, waste glass, waste metal and other wastes suitable for recycling and resource utilization;

(2) Hazardous waste refers to waste nickel-cadmium batteries, waste drugs and other wastes that have been listed in the national hazardous waste list and have caused direct or potential harm to human health or the natural environment and should be specially disposed of;

(3) Wet garbage refers to perishable organic wastes such as vegetable leaves, fruit shells and food residues;

(4) Dry garbage refers to other domestic garbage except recyclables, harmful waste and wet garbage.

The municipal administrative department of greening and city appearance shall, jointly with the municipal administrative department of commerce and environmental protection, formulate the specific classification catalogue and release specifications of domestic garbage in this Municipality, and announce them to the public.

Article 17 (Determination of Responsible Person for Classified Release Management)

This Municipality implements the responsibility system for classified management of domestic waste.

The person responsible for the classified management of domestic waste in this Municipality shall be determined in accordance with the following provisions:

(a) roads, squares, parks, public green spaces and other public places, the management department or its entrusted public service units as the responsible person.

(two) airports, passenger stations, rail transit, tourism, culture, sports, entertainment, business and other public places, by the management unit.

(three) the residential area is entrusted by the owner to implement property management by the property service enterprise, and the property service enterprise is the responsible person; If the owner implements property management by himself, the owner shall be the responsible person; If the property management is not implemented, the responsible person shall be determined by the township (town) people's government or the street office.

(four) offices and production sites of government agencies, military units, enterprises and institutions, social organizations, etc. , the owners entrust property management, property services companies as the responsible person; If the owner implements property management by himself, the owner shall be the responsible person; If the owner rents out the whole building to other units or entrusts other units to operate and manage it, the user or management unit shall be the responsible person.

In accordance with the provisions of the preceding paragraph, it is impossible to determine the responsible person for the classified management of domestic garbage, and the responsible person shall be determined by the administrative department of greening and city appearance of the district (county).

Article 18 (Responsibilities of Persons Responsible for Classified Release Management)

The person responsible for the classified management of domestic waste shall undertake the following duties:

(a) in accordance with the provisions of these measures, set up domestic garbage collection containers;

(two) put the domestic garbage into the garbage bin or small garbage collection station;

(three) to publicize and guide the classified delivery of domestic waste, and to persuade and stop acts that do not meet the requirements of classified delivery.

When signing a realty service contract with a realty service enterprise, the owners' congress shall stipulate the service contents and charging standards for the classified delivery of domestic garbage.

When necessary, the person in charge of domestic waste classification management in residential quarters can arrange domestic waste sorters for auxiliary classification.

Housing security and housing administrative departments shall cooperate with the administrative departments of greening and city appearance to do a good job in the guidance, supervision and management of domestic waste classification management of property service enterprises; The classified management of domestic waste in property service enterprises should be included in the assessment and rating of property service enterprises.

Article 19 (Requirements for Setting Classified Collection Containers)

Domestic waste sorting collection containers are set in accordance with the following provisions:

(a) four types of collection containers, namely recyclable materials, harmful waste, wet garbage and dry garbage, are set up in residential quarters.

(2) The offices and production sites of organs, military units, enterprises, institutions, social organizations and other units shall be equipped with four types of collection containers: recyclable materials, hazardous wastes, wet garbage and dry garbage. However, the offices and production sites of units that produce less wet garbage can reduce the number of wet garbage collection containers in accordance with the specifications for the setting of classified collection containers.

(three) roads, squares, parks, public green spaces, airports, passenger stations, rail transit, tourism, culture, sports, entertainment, commerce and other public places set up two kinds of recyclable and dry garbage collection containers. However, in public places with a large amount of wet garbage, wet garbage collection containers should be added in accordance with the specifications for the setting of classified collection containers.

This Municipality encourages the person in charge of domestic waste classification management to set up recyclable materials and harmful waste collection containers in detail according to the steps to promote domestic waste classification.

Article 20 (Specification for Setting Collection Containers)

The municipal administrative department of greening and city appearance shall, jointly with the relevant administrative departments, formulate the setting standards for the classified collection containers of domestic garbage in this Municipality, and announce them to the public.

The specifications for the setting of domestic waste collection containers in this Municipality shall include the categories, specifications, identification colors, identification and setting requirements of the collection containers.

Article 21 (Requirements for Classified Delivery)

Units and individuals shall, in accordance with the specific classification catalogue and delivery specifications of domestic garbage formulated by the municipal administrative department of greening and city appearance, put domestic garbage, and meet the following requirements:

(a) harmful waste in harmful waste collection containers, shall not be put into other garbage collection containers;

(2) Put recyclables, wet garbage and dry garbage into corresponding garbage sorting and collection containers.

If the person in charge of the management of domestic waste classification and delivery sets up the garbage classification and collection containers in detail, the units and individuals shall put the domestic waste into the corresponding garbage classification and collection containers according to the requirements of detailed classification.

The content of the code of conduct for the classified delivery of domestic garbage shall be incorporated into the management statute in accordance with the relevant provisions of property management.

Article 22 (Reporting and Publication)

If the classification of domestic waste does not meet the requirements, the service unit of domestic waste collection and operation industry shall report the relevant situation to the township (town) people's government or the street office in accordance with the provisions of the administrative department of greening and city appearance.

The township (town) people's government and street offices shall, after receiving the relevant reports, require the responsible person of domestic waste classification management to improve, and may publish relevant information to the public according to the improvement. ? [2]?

Chapter III Measures for Promoting Classified Reduction

Article 23 (Encouraging Participation)

This Municipality encourages units and individuals to form a good behavior habit of classifying domestic waste through socialization. The municipal and district (county) people's governments shall give support.

Article 24 (Publicity and Mobilization)

The administrative departments of greening city appearance, environmental protection, commerce, tourism, culture, film and television, and mass organizations such as trade unions, women's federations and youth organizations shall do a good job in the propaganda and mobilization of waste classification and reduction.

The education administrative department shall incorporate the knowledge of domestic waste classification and reduction into the educational content of schools and kindergartens, and organize and carry out activities such as the educational practice of domestic waste classification and reduction for teenagers.

Radio stations, television stations, newspapers, internet sites and other media should carry out public welfare propaganda and popularize the knowledge of domestic waste classification and reduction.

Article 25 (Purchase of Services and Demonstration Guidance)

District (county) people's governments, township (town) people's governments and sub-district offices can support social organizations to participate in the guidance activities of domestic waste classification and reduction by purchasing services.

Demonstration instructors can be arranged in residential areas to guide residents to put domestic garbage in accordance with the classification and delivery specifications of domestic garbage.

Article 26 (Work of Trade Associations)

The city's city appearance and environmental sanitation industry association, catering and cooking industry association, tourism industry association, chain management association, renewable resources recycling industry association and other related industry associations shall formulate industry self-discipline norms, carry out the assessment and training of domestic waste classification and reduction in this industry, and guide and urge member units to abide by the relevant provisions of these measures.

Article 27 (Classified Measurement and Statistics)

The municipal administrative department of greening and city appearance shall, jointly with the relevant administrative departments of commerce and environmental protection, establish a system of domestic waste classification, measurement and weighing, and gradually carry out weight statistics on the classified collection, transportation and disposal of domestic waste in this Municipality.

Article 28 (Environmental Compensation System for Trans-regional Garbage Disposal)

The city implements the environmental compensation system for cross-regional treatment of domestic garbage. Domestic waste disposal output area (county) shall pay environmental compensation funds to domestic waste disposal input area (county). Weight statistical information is used as the basis for paying environmental compensation funds.

Article 29 (Selection of Creation of Spiritual Civilization)

The selection criteria for civilized communities, civilized units, civilized communities, civilized villages and towns, civilized industries, civilized urban areas and other spiritual civilization creation projects in this Municipality shall include the implementation of domestic waste classification and reduction.

Article 30 (Performance Appraisal)

Incorporate the implementation of classified reduction of domestic waste in districts (counties) into the performance appraisal scope of district (county) people's governments.

Article 31 (Information System)

The municipal administrative department in charge of greening and city appearance shall establish the information system of domestic waste classification and reduction in this Municipality, record and count the information of domestic waste classification and reduction, and gradually realize the interconnection with relevant management information systems of administrative departments such as commerce and environmental protection. ? [2]?

Chapter IV Legal Liability

Article 32 (Handling Violation of Regulations)

In violation of the provisions of Item (1) of the first paragraph of Article 18 of these Measures, failing to set up classified collection containers in accordance with the provisions, the urban management law enforcement department shall order it to make corrections within a time limit and may impose a fine of more than 50 yuan and less than 500 yuan.

In violation of the provisions of Item (2) of the first paragraph of Article 18 of these Measures, if the person responsible for the classified domestic waste fails to classify and transfer the classified domestic waste, the urban management law enforcement department shall order it to make corrections; Those who refuse to make corrections shall be fined between 3000 yuan and 65438 yuan.

In violation of the provisions of the first paragraph of Article 21 of these measures, failing to put domestic garbage in accordance with the provisions, the urban management law enforcement department shall handle it in accordance with the relevant provisions of the Regulations on the Administration of Urban Appearance and Environmental Sanitation and the Regulations of Shanghai Municipality on the Administration of Urban Appearance and Environmental Sanitation:

(a) the unit fails to put domestic garbage in accordance with the provisions, and shall be ordered to make corrections; Those who refuse to make corrections shall be fined 100 yuan or more 1000 yuan or less.

(two) individuals who fail to put domestic garbage in accordance with the provisions shall be ordered to make corrections; Refuses to correct, a fine of more than 50 yuan and less than 200 yuan.

Article 33 (Responsibilities of Administrative Organs and Staff)

In violation of the provisions of the present measures, the municipal, district (county) greening administrative departments, urban management law enforcement departments and other relevant administrative departments have one of the following acts, resulting in adverse effects, and the competent department at a higher level shall, according to its functions and powers, order it to make corrections within a time limit and informed criticism, and may give warning, demerit or gross demerit to the persons who are directly responsible according to law:

(a) failing to perform the duties of guidance, supervision and management of domestic waste classification in accordance with the provisions of these measures;

(two) failing to deal with the illegal acts of domestic garbage found or informed, complained or reported according to law. ? [2]?

Chapter V Supplementary Provisions

Article 34 (Classified Collection of Domestic Waste)

Among the municipal domestic garbage, kitchen garbage and kitchen waste oil generated by food processing units, catering business units, canteens and other units, residents' decoration garbage, waste furniture and other large garbage, and other domestic garbage, if there are other provisions in laws, regulations and rules, those provisions shall prevail.

Article 35 (Classified Collection, Transportation and Disposal)

For the classified domestic garbage, the domestic garbage collection, transportation and disposal service unit shall carry out classified collection, transportation and disposal in accordance with the Administrative Measures of Shanghai Municipality on Collection, Transportation and Disposal of Urban Domestic Garbage and relevant regulations.

Article 36 (Effective Date)

These Measures shall come into force as of May 65438, 20 1 year.

Extended data:

I. Significance of Formulating the Measures

The "Measures" is an important legislative decision aimed at changing and standardizing garbage collection behavior through the rule of law and improving the level of garbage disposal in this city. Its significance is mainly:

First, it marks a new starting point for the legalization of waste classification and reduction in Shanghai. The Measures is a legal system determined by summing up the previous rounds of domestic waste classification pilot projects in Shanghai, especially the pilot work experience since 20 1 1, drawing lessons from the implementation experience of waste classification laws in major cities in the world and combining with the actual situation in Shanghai. Its implementation means a new legal starting point for Shanghai's waste classification and reduction work from experimental exploration to certainty.

Second, it will help to improve the level of ecological civilization in Shanghai. Garbage disposal has become a major problem of environmental protection and governance in the process of urbanization in the world today, and it is an important indicator representing the level of urban construction and management. The legalization of waste classification and reduction is helpful to publicize and enhance the international image of Shanghai as an international metropolis, and to implement the goal of Shanghai's ecological civilization construction in the report of the 18th CPC National Congress.

Third, it helps to improve the overall level of Shanghai's urban civilization. Garbage classification and reduction is a systematic social project, which needs the participation and support of the whole society, and is ultimately reflected in the formation of good behavior habits of individual citizens. This work requires not only the promotion and supervision of the government, but also the extensive actions of citizens and the active participation of social organizations.

Legislation on the rights, obligations and responsibilities of all parties involved in this work can better promote the formation of good behavior habits of Shanghai citizens as soon as possible and improve the overall level of Shanghai's urban civilization.

Two. Characteristics and main contents of the Measures

(A) the characteristics of "step by step" in the application of measures

The main features of the Measures are as follows: First, in the applicable space of the law, it is not the comprehensive implementation of classified delivery within the administrative area of this Municipality from the date of implementation, but the specific areas are determined by the greening and city appearance department in a step-by-step manner, and the implementation is continuously and orderly promoted.

Second, from the perspective of institutional constraints, the penalty clauses set in the Measures are not fully applicable from the date of implementation. Instead, according to the gradual characteristics, in the initial stage of implementation, units and individuals who have done a good job in garbage sorting will be given spiritual encouragement and material rewards, and behaviors that do not conform to the norms will be discouraged and educated.

However, if the garbage sorting work is promoted in mature and successful communities, individual bad behaviors will be punished by law. Of course, the punishment for violating the garbage classification regulations will be continuously strengthened and improved with the in-depth implementation of the garbage classification legal system.

(two) to clarify the supervision and management of waste classification and reduction and promote the implementation of responsibilities.

The government is duty-bound to promote the legalization of domestic waste classification and reduction, and it needs to be promoted together.

The "Measures" established a multi-plate combination and plate-based promotion model:

(1) The Municipal Bureau of Greening and City Appearance is responsible for the organization, promotion, guidance, supervision and management of domestic waste classification and reduction in the whole city.

(2) The Municipal Commission of Commerce is responsible for the guidance, supervision and management of recyclable materials recovery, and the Municipal Environmental Protection Bureau is responsible for the guidance, supervision and management of hazardous waste disposal.

(three) the county government is responsible for the waste classification and reduction work, responsible for the organization and implementation of this work, and the township government and the street office are responsible for the specific implementation of the classification and reduction work in this area.

In addition, the municipal development and reform, finance, tourism, agriculture, government affairs and other administrative departments formulate supporting documents and standards according to their respective responsibilities to cooperate with the implementation.

(3) Establish the basic classification standard of "quartering method" for garbage.

Since 20 1 1, the city's garbage classification standard has gradually expanded from the organic-inorganic dichotomy in the initial stage of the pilot to the quartile of recyclable, harmful waste, kitchen garbage (wet garbage) and other garbage (dry garbage) in the pilot.

On the basis of summing up past experience, this legislation continues the classification standard of quartering. Considering that the public's recognition of the naming of the "dry and wet classification" of the pilot waste is higher than that of the "classification of kitchen waste and other wastes", this legislation has fine-tuned the names of the original four types of waste to "recyclable, harmful waste, wet waste and dry waste".

At the same time, the Municipal Bureau of Greening and City Appearance is authorized to formulate a detailed classification catalogue so that the public can clearly know the specific classification requirements.

(4) Define the requirements for setting garbage collection containers.

Considering the different types and quantities of garbage generated in different regions, the Measures adopts the principle of "adapting to local conditions", distinguishes three types of regions such as residential quarters, office production sites and public places, and sets differentiated setting requirements.

At the same time, the "Measures" also authorized the Municipal Bureau of Greening and City Appearance to work with relevant departments to formulate and publish setting specifications, and clearly define the specific contents such as the category, specifications, logo color, logo and setting requirements of containers.

(five) the establishment of garbage classification management responsibility system.

In order to ensure the effective implementation of domestic waste classification, the Measures first implement property management, leasing and entrusted operation according to the regional differences of places, distinguish public places such as roads, passenger stations, residential quarters and office production places, and determine different responsible persons.

Secondly, clear the three main responsibilities of the management responsible person:

(1) Set the classified collection container;

(2) Classification refutation;

(3) propaganda, guidance and advice to stop.

(six) clear measures to promote waste classification and reduction.

The work of waste classification and reduction needs the active participation of the whole society, a long-term promotion process and effective promotion in many aspects. The special chapter of the Measures defines a series of measures to promote waste classification and reduction, mainly including:

First, encourage the formation of good behavior habits of citizens' domestic waste classification through socialization spirit and material rewards.

Second, the administrative departments and the media should publicize and mobilize the waste classification and reduction, and the knowledge of waste classification and reduction should be included in the educational content of schools and kindergartens.

Third, the government supports social organizations to participate in the guiding activities of garbage sorting behavior by purchasing services. Fourth, all relevant industry associations are required to formulate self-discipline norms, and guide and urge member units to comply with laws and regulations.

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