Interim Measures for Urban Waste Management in Guizhou Province
Article 1
In order to strengthen urban waste management, improve urban appearance and environmental sanitation, and ensure people's health, these measures are formulated in accordance with the Regulations on the Administration of Urban Appearance and Environmental Sanitation and the provisions of relevant laws and regulations, combined with the actual situation of this province.
article 2
all units and individuals within the cities and towns of this province shall abide by these measures.
article 3
the term "urban garbage" as mentioned in these measures refers to the solid waste generated by units and individuals within the scope of cities and towns in their daily lives, the solid waste generated in the activities of providing services for urban daily life, and the solid waste generated in the production process, which is regarded as urban domestic garbage according to laws and administrative regulations.
Article 4
The people's governments in cities and towns should incorporate urban garbage disposal into the national economic and social development plan, make overall arrangements and promote the industrialization of garbage disposal; Gradually implement classified collection, transportation and treatment of garbage, recycle, reduce and make harmless garbage treatment, and make comprehensive utilization.
Article 5
The people's governments of cities and towns should encourage social funds to invest in the construction and operation of garbage disposal facilities, broaden investment and financing channels, and realize diversification of investment subjects, enterprise-oriented operation subjects and marketization of operation management.
the urban people's government should reform the existing urban garbage disposal institutions and establish legal entities and market entities with clear property rights, separation of government from enterprise, independent operation and independent accounting.
Article 6
Where new garbage disposal facilities are built by industrialization, people's governments at all levels shall, on the premise of clarifying the government's investment rights and interests, appropriately arrange construction funds to support the development of industrialization and give supporting policies. The provincial people's government and its relevant departments will no longer give policy and financial support to those who fail to build and operate garbage disposal facilities according to the requirements of industrialization.
Article 7
The administrative departments of urban construction or urban management of the people's governments at or above the county level are responsible for the garbage management within their respective administrative areas. The town people's government is responsible for the garbage management within its jurisdiction. Planning, economy and trade, transportation, environmental protection, health, finance, price and other relevant departments shall, according to their respective responsibilities, cooperate with the administrative departments of urban construction or urban management to do a good job in garbage management.
news media such as radio, television, newspapers and periodicals should strengthen the publicity of scientific knowledge of city appearance and environmental sanitation and relevant laws, regulations and rules, and enhance the awareness of environmental sanitation of the whole society.
article 8
all units and individuals should maintain environmental sanitation and establish a new social trend of stressing hygiene and civilization. Do not dump or throw away garbage; It is forbidden to dump garbage into rivers, reservoirs, lakes, highways and land used by highways.
article 9
the administrative department in charge of urban construction or urban management shall, in accordance with the local economic and social development plan and the overall urban planning, jointly with the administrative departments in charge of planning, planning, environmental protection and health, formulate the urban garbage control plan and the garbage treatment facilities construction plan, and organize their implementation.
Article 11
The planning, construction and management of garbage disposal facilities shall be implemented in accordance with the provisions and standards of relevant laws and regulations. Planning and construction of garbage disposal facilities should be outside the sight of both sides of the highway, away from scenic spots, drinking water source protection areas and other protected areas.
article 11
the administrative department in charge of urban construction or urban management and the people's government of a town shall, according to the standards for setting urban environmental sanitation facilities, set up closed garbage bins, garbage pools, transfer stations and other sanitation facilities, and gradually close the transitional simple facilities.
for the development of new urban areas, the transformation of old cities and the construction of new residential quarters, the construction unit must build enclosed garbage bins, garbage pools, transfer stations and other sanitation facilities in accordance with the standards stipulated by the state, and design, construct and deliver them simultaneously with the main project. If the sanitation facilities are not designed and constructed at the same time as the main project, they will not be accepted and cannot be delivered for use.
the unit is responsible for the construction and management of garbage storage facilities. The administrative department in charge of urban construction or urban management shall strengthen supervision and inspection.
article 12
facilities such as garbage bins, garbage pools and transfer stations shall be set up on both sides of highways, which shall comply with the regulations on the administration of highway construction control zones and be no less than 21 meters away from high-grade highways; General national and provincial roads are not less than 11 meters; County road is not less than 5 meters; Township road is not less than 3 meters.
Article 13
Sanitation facilities for storing domestic garbage should have a clean appearance and be in harmony with the surrounding environment. Without the approval of the administrative department of urban construction or urban management, no unit or individual may move, dismantle or close it. Vehicles transporting garbage must be closed, and must not be scattered or omitted during transportation, so as to keep the vehicle clean and in good condition.
Article 14
Urban residents should dump domestic garbage into garbage containers or designated sites according to the time, place and other requirements stipulated by the local authorities.
Waste furniture, household appliances and other wastes should be placed in the designated collection place according to the regulations, and should not be placed at will.
Article 15
Units that produce domestic garbage must report to the administrative department of urban construction or urban management, and dispose of the garbage at the place designated by the administrative department of urban construction or urban management, and shall not dump it at will; Can also be entrusted to engage in urban garbage cleaning, collection, transportation and treatment services of enterprises or other organizations for transportation and treatment. Units and individuals are not allowed to mix hazardous wastes and construction wastes into domestic garbage and dump them at will.
article 16
the cleaning, collection, transportation and treatment of urban garbage shall be carried out by the administrative department of urban construction or urban management through public bidding, franchising and contracting and leasing. On the basis of evaluating the assets of the existing garbage disposal facilities, the administrative department of urban construction or urban management may invite public bidding, and realize the transfer of management rights by means of contracting operation and leasing operation. The transfer fee collected is included in the budget management, and all of it is used for the construction of the urban garbage collection and transportation system.
article 17
if an investor invests in urban garbage disposal facilities, the project capital shall not be less than 21% of the total investment, and the operating period shall not exceed 31 years.
an enterprise undertaking the franchise of urban garbage disposal facilities should have corresponding professional qualifications, corresponding management and technical personnel, its registered capital should not be less than 51% of the total annual operating cost of contracted facilities, and the contracted operation period should not exceed 8 years. After the operation period expires, it should re-invite tenders.
article 18
those who are engaged in the services of cleaning, collecting and transporting urban garbage must, in accordance with the provisions of the competent administrative department of urban construction or urban management, collect and transport domestic garbage on a daily basis, and transport the garbage to designated transfer stations and disposal sites, and shall not dump it at will.
Article 19
Domestic garbage disposal fees are business service fees. The competent price department shall, jointly with the competent administrative department of urban construction or urban management, formulate charging standards in accordance with the principle of compensating the cost of garbage collection, transportation and treatment and making reasonable profits.
After the domestic waste disposal fee is charged, other charging items related to domestic waste disposal shall be cancelled. If the property management fee has been implemented, the' related expenses that have been included in the domestic garbage disposal fee should be deducted from the property management fee standard. A price hearing should be held to formulate and adjust the standard of domestic waste treatment fee.
Article 21
Units and individuals must pay the domestic garbage disposal fee according to regulations. For laid-off workers, unemployed people and subsistence allowances in cities and towns, the policy of fee reduction and exemption shall be implemented, and the measures for fee reduction and exemption shall be formulated by the people's governments of cities and counties (special zones).
no unit or individual is allowed to reduce or exempt the domestic garbage disposal fee without authorization. Not in accordance with the provisions of relief, by the approval of relief to bear the corresponding domestic garbage disposal fees.
Article 21
Domestic garbage disposal fees are mainly used for garbage cleaning, collection and transportation, as well as the construction, operation and maintenance of garbage disposal facilities.
the people's government in cities and towns should designate a collection unit for the domestic garbage disposal fee, and the collection unit can extract 1% of the handling fee from the collected domestic garbage disposal fee.
article 22
all units and individuals have the obligation to abide by the laws, regulations, rules and relevant provisions concerning the management of urban garbage, and have the right to stop, report and accuse acts that violate these measures.
Article 23
In case of any of the following acts in violation of the provisions of these Measures, the administrative department of urban construction or urban management shall order it to make corrections within a time limit and take remedial measures, and may impose a fine of not more than RMB 111 on an individual and not more than RMB 2,111 on a legal person or other organization:
(1) Dumping garbage at will according to the local time, place and other requirements;
(2) affecting the cleanliness of the surrounding environment of sanitation facilities such as garbage bins, garbage pools and transfer stations for storing garbage;
(3) garbage trucks are not closed within the urban area, resulting in littering and omission of garbage along the way.
Article 24
In case of any of the following acts in violation of the provisions of these Measures, the administrative department of urban construction or urban management shall order it to make corrections within a time limit and take remedial measures, and may impose a fine of more than 2,111 yuan and less than 31,111 yuan on an individual and a fine of more than 2,111 yuan on a legal person or other organization:
(1) mixing hazardous waste and construction waste into domestic garbage;
(2) dumping hazardous wastes and construction wastes at will;
(3) damaging or dismantling garbage collection and treatment facilities without authorization.
Article 25
If the domestic garbage disposal fee is not paid in accordance with the regulations, which affects the environmental sanitation, the administrative department of urban construction or urban management shall order it to pay it within a time limit; If it fails to pay within the time limit, it may impose a fine of not less than RMB 111 on individuals and not less than RMB 2,111 on legal persons or other organizations.
Article 26
If garbage is not cleaned, collected, transported or treated according to regulations, the administrative department of urban construction or urban management shall order it to make corrections within a time limit and take remedial measures, and may also impose a fine of less than 2,111 yuan.
article 27
if the collection unit of domestic garbage disposal fee expands the charging scope or raises the charging standard without authorization, the competent price department shall punish it in accordance with relevant laws and regulations.
article 28
anyone who, in violation of the provisions of these measures, dumps, scatters, omits garbage or discharges sewage and dirt within the scope of highways and highway land use shall be punished by the traffic administrative department or highway management organization in accordance with relevant laws and regulations. In violation of the provisions of these measures, dumping garbage into rivers, reservoirs and lakes shall be punished by the water administrative department in accordance with relevant laws and regulations.
article 29
if the staff of the administrative department of urban construction or urban management and other relevant administrative departments neglect their duties and abuse their power in the management of urban garbage, the relevant departments shall give administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31
The collection and treatment of solid wastes generated by industrial and mining enterprises and medical wastes generated by medical units shall be carried out in accordance with relevant laws, regulations, rules and regulations.
article 31
industrial and mining areas, scenic spots, nature reserves and conditional villages shall be implemented with reference to these measures.
Article 32
These Measures shall come into force as of March 1, 2113. ;