A, drafting background and necessity
(a) the development of "kitchen approach" is to strengthen the need for kitchen waste management. In recent years, the city's catering industry continued to develop steadily, the market scale continues to expand, but kitchen waste is still basically mixed into domestic garbage disposal or indiscriminate dumping and discharging of the situation, and there is a flow to the underground farms of hidden trouble. To strengthen the management of food waste, the establishment of food waste in line with the characteristics of the collection and treatment system, must be legislated. 2010, the General Office of the State Council issued the "on strengthening the remediation of gutter oil and the management of food waste opinions" (State Office of the State Council [2010] No. 36), requiring localities to develop and improve the management of food waste. In April last year, the municipal government issued "Zhaoqing City, Guangdong Province to create food safety demonstration city work implementation program" (Zhaofu letter [2018] No. 145), requiring that in accordance with the "government-led, rights and responsibilities are clear, integrated, rectified according to law", to carry out the construction of the kitchen waste treatment planning, improve the working mechanism of the management of kitchen waste and the management system, the introduction of kitchen waste management methods. Management system, the introduction of kitchen waste management methods, and urge catering enterprises to establish kitchen waste collection, transportation and treatment system. In order to create a model food safety city in Guangdong Province, standardize the management of kitchen waste, the introduction of "kitchen approach" is very necessary. In April this year, the provincial Department of Housing and Construction issued "to strengthen the collection and transportation of kitchen waste processing work guidance" (Guangdong Jiancheng [2019] No. 90), re-emphasizing "strengthen the source management, build the source of classification, clean collection and transportation, standardized treatment of kitchen waste collection and transportation of kitchen waste processing system.
(2) the development of "kitchen approach" is to improve the urban environment needs. At present, kitchen waste scale, arbitrary disposal will undoubtedly have an impact on the cityscape; at the same time, kitchen waste moisture and organic content is high, rotting and deteriorating very quickly, easy to produce a bad smell, breeding mosquitoes, kitchen waste mixed with other household garbage is very easy to cause secondary pollution, thus causing a bad impact on environmental health. Finally, if it is directly discharged into underground channels or rivers, the bacteria and pathogens in the kitchen waste may seriously affect the ecological environment. Therefore, only to realize the separate collection, transportation and disposal system of food waste to ensure that food waste does not affect the urban environmental health, and these must be ensured through legislation to be implemented.
(3) the development of "kitchen methods" is to deepen the need for waste classification. Kitchen waste is a component of domestic waste, kitchen waste management, directly affect the progress of waste classification management. Kitchen waste can be refined oil and grease, used in the chemical industry; can also be anaerobic fermentation to produce methane gas, to provide clean energy; can also be converted into feed protein through the treatment of putrefactive organisms. It can be said that kitchen waste is a treasure if it is handled well, but it is dangerous if it is not handled well. In this regard, the need to strengthen regulatory means through legislation, scientific disposal of kitchen waste, so that it reduces the hazards, to achieve the waste into treasure, and promote the reduction of kitchen waste, resources and harmless.
Two, the main basis
1.Chinese people*** and solid waste pollution prevention and control of the environment law;
2.urban amenities and environmental sanitation regulations;
3.municipal waste management;
4.Guangdong Province, the prevention and control of solid waste pollution of the environment regulations;
5.Guangdong Province, urban and rural life Garbage Disposal Regulations;
6. Opinions of the General Office of the State Council on Strengthening the Remediation of Gutter Oil and Management of Kitchen Waste;
7. Decision of the State Council on the Setting of Administrative Licenses for Administrative Approval Items that Need to be Retained (State Council Decree No. 412);
8. Guidance on Strengthening the Work of Collection, Transportation, and Disposal of Kitchen Garbage (Guangdong Jiancheng [2019] No. 90) and so on.
Third, the main content
The main contents of the Measures for Kitchen Waste are: first, a clear definition of kitchen waste, the competent authorities and the responsibilities of the relevant departments; second, a clear service licensing system for the collection, transportation and disposal of kitchen waste, through the municipal household waste operating collection, transportation and disposal service licenses, and strict control of the collection, transportation and disposal of kitchen waste unit of market access; third, the establishment of a service license system for collection, transportation and disposal of kitchen waste. Market access; Third, the establishment of the franchise mode, kitchen waste to the franchise mode determined by the collector and disposer, to achieve unified management of kitchen waste, to prevent kitchen waste into the illegal field; Fourth, the establishment of a joint bill system and account system, so that the management of the city's production of kitchen waste, flow and disposal of kitchen waste to grasp the situation, and to strengthen the day-to-day supervision of kitchen waste; Fifth, the establishment of a The closure of business reporting system and emergency management system to facilitate the management of kitchen waste disposal for scientific scheduling; six is the generation of kitchen waste, collection and disposal of units to put forward operational requirements, standardize the generation of kitchen waste, collection and disposal of behavior; seven is a clear supervision of the relevant departments and linkage of the responsibility for law enforcement, the establishment of the formation of the formation of the mechanism of Qiqiqia **** management; eight is a clear violation of the "Meals Measures" of the relevant provisions of legal responsibility. The legal responsibility.
Four, the need to explain
(a) on the name of the "food approach". In the local legislation, respectively, the use of "kitchen waste" or "kitchen waste" and other names. According to the General Office of the State Council in 2010 issued "on the strengthening of gutter oil remediation and kitchen waste management views" (State Office of the [2010] No. 36), this approach adopted the "Zhaoqing City, kitchen waste disposal methods" the name, and the spirit of the relevant state documents to maintain consistency.
(ii) on the definition of kitchen waste. Kitchen waste belongs to the category of domestic waste, with complex composition, high content of organic matter and oil, perishable and other characteristics. Nationwide, at present, there is no uniform definition of kitchen waste. As the collection of household kitchen waste needs to be built on the basis of a sound classification of domestic waste, and currently does not have the conditions for full implementation, therefore, the "Meals Measures" reference to other local government regulations on the definition of kitchen waste, the provisions of the Measures referred to in the Measures referred to in this Measures of kitchen waste, refers to the residents of daily life other than food processing, catering services, collective catering and other activities generated by food, residues, non-reusable waste, and other food. Food residues, inedible waste animal and vegetable fats and oils and water mixtures.
(C) on the approach to the scope of application. Kitchen waste generation units are widely distributed, and uneven. At the same time, taking into account the counties (cities, districts) financial resources and other practical situations, the provisions of the specific implementation of the region to determine and adjust, by the city, county (cities, districts) urban management and law enforcement departments reported to the people's government of the same level of approval, to the community.
(D) on management responsibilities. Management of food waste involves a number of departments. "Kitchen approach" provides for urban management and law enforcement, market supervision and management, agriculture and rural areas, ecological environment and business and other major functional departments of specific responsibilities, other administrative departments in accordance with their respective responsibilities, *** with the supervision and management of kitchen waste.
(E) on financial security. The city's kitchen waste management work in the initial stage, does not yet have to rely entirely on market mechanisms to maintain the conditions of operation, and the effect of kitchen waste management is directly related to the public interest, public **** security and public health. To this end, the "food approach" provides that the collection and disposal of food waste from all levels of finance to be appropriately subsidized, the specific measures by the city, county (city, district) urban management and law enforcement departments in conjunction with the relevant departments to formulate, reported to the people's government at the same level after approval of the implementation.
(F) on the collection and transportation of kitchen waste, disposal units licensing system. To implement the work of the biggest obstacle is the existing collection and disposal system is strong resistance and kitchen waste generation unit resistance. Because of the existing collection and disposal system, collection and disposal of kitchen waste used as feed or refining oil and grease can make a profit, kitchen waste producers can also be sold for profit. Management of kitchen waste according to law is the objective requirements of the development of modern civilized city environment, is an important measure to strengthen food safety, unified collection and transportation, centralized disposal in line with the basic principles of harmlessness and resourcefulness of garbage treatment, through the regulations to establish a unified collection and transportation of kitchen waste, centralized treatment of the new operating mechanism is very necessary. "Kitchen approach" based on "urban household waste management measures", "Guangdong Province, urban and rural household waste disposal regulations" of the relevant provisions, respectively, through bidding and other fair competition to determine the kitchen waste collection, transportation, disposal of units, in accordance with the law and the winning unit to sign a franchise agreement, a clear agreement on the scope of services, service standards, service period, breach of contract and other content, and to the successful enterprise issued Municipal household garbage business collection, transportation, disposal service license.
(VII) clarifies the generation of kitchen waste, collection and transportation, disposal unit responsibility and obligation. First, kitchen waste generation units should comply with the following provisions: should sign a collection and transportation service agreement with the licensed enterprise, the timely delivery of kitchen waste; establish and implement the kitchen waste generation billing system and joint billing management system; separate collection of kitchen waste, storage, according to the provisions of the set up a special collection containers; in accordance with the relevant provisions of the set up of oil-water separators or grease traps and other pollution prevention and control facilities; shall not be handed over to the units and individuals without a permit Units and individuals shall not be handed over to the unauthorized collection and transportation, disposal of kitchen waste, shall not be discharged directly into the public **** waters, toilets, municipal pipelines or mixed with other domestic waste; in accordance with the provisions of the payment of domestic garbage disposal fees, etc.. Second, engaged in the collection of kitchen waste, transportation services units, should comply with the following provisions: food waste and food waste generation units signed a collection and transportation services agreement and timely report to the local county (city, district) urban management and law enforcement departments; the establishment and implementation of food waste collection and transportation account system and food waste management system; compliance with environmental health standards and norms of operation, in accordance with the agreement of the collection and transportation services agreement timely Collection and transportation of kitchen waste, no less than one time a day;
Collection of kitchen waste, should be timely clean up the operating site, and will be collected to the designated disposal site of kitchen waste; shall not be collected by the kitchen waste collected by the kitchen waste disposal service does not obtain a license units and individuals dispose of kitchen waste disposal services; the use of fully enclosed automatic unloading vehicle collection and transportation of kitchen waste to ensure that the vehicle is sealed, intact, keep the Appearance of clean, and sprayed with the required logo mark. Third, engaged in kitchen waste disposal service units, should be in accordance with the disposal service agreement and specifications for the receipt of kitchen waste collection and transportation enterprises to transport kitchen waste; the establishment and implementation of kitchen waste disposal account system and kitchen waste management system; in strict accordance with the relevant provisions and technical standards, treatment and disposal of kitchen waste generated in the process of wastewater, waste gas, waste residue, dust, etc., to prevent secondary pollution; in accordance with the requirements of the disposal of kitchen waste, the use of fully enclosed automatic unloading vehicles to ensure that the vehicle is sealed, keep the appearance clean, and sprayed with the required logo signs. In accordance with the requirements of kitchen waste disposal facilities, equipment, and to ensure that it runs well; daily collection and transportation, in and out of the station, the disposal of kitchen waste measurement, in accordance with the requirements of the statistical data and reports to the urban management and law enforcement departments; kitchen waste disposal sites and the surrounding environment to maintain a clean and tidy; in accordance with the requirements of the regular environmental monitoring of water, gas, soil, etc., the performance of the disposal facilities of kitchen waste and environmental indicators for testing, evaluation And environmental indicators for testing, evaluation, to the ecological environment, urban management and law enforcement departments to report testing, evaluation results; consciously accept the relevant administrative departments of the disposal of outputs of supervision and management. Fourth, the provisions of any unit or individual shall not have the following behaviors: kitchen waste dumping, scattering, burning or piling; kitchen waste mixed with other categories of domestic waste emissions, collection, transportation, disposal; kitchen waste to unauthorized units and individuals collection, transportation, disposal; unauthorized collection, transportation, disposal of kitchen waste; use of kitchen waste in violation of the provisions of the livestock rearing; kitchen waste and their Processing materials for raw material production, food processing.
(H) have the conditions of the unit can apply for their own local disposal. In order to respond to the requirements of the relevant documents, to encourage the conditions of the unit to dispose of kitchen waste on their own, "Meals on Wheels" made special provisions to meet the following conditions can apply for disposal on their own: the establishment and implementation of the kitchen waste disposal account system and disposal of kitchen waste disposal program; disposal equipment in line with national standards, industry standards or local standards; disposal site and disposal process in line with environmental protection requirements; ensure that the equipment, process, disposal of safety and safety of the food. Equipment, process, disposal of safety and normal operation.
(viii) on the legal responsibility set. "Kitchen approach" legal responsibility according to the requirements did not create administrative penalties, according to existing laws and regulations to be further clarified to reflect the seriousness of the regulations.