Administrative Provisions on Urban Construction Waste
Administrative Provisions on Urban Construction Waste
Administrative Provisions on Urban Construction Wast
Order of the Ministry of Construction [2005] No.139
March 23, 2005
The Administrative Provisions on Urban Construction Waste, which were adopted at the 53rd executive meeting of the Ministry of Construction after due deliberations, are hereby promulgated and shall come into force as of June 1, 2005.
Wang Guangtao, Minister of the Ministry of Construction
Attached: Administrative Provisions on Urban Construction Waste
Article 1 These Provisions are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution Caused by Solid Waste, The Regulations on the Administration of City Appearance and Environmental Sanitation and the Decision of the State Council on Adopting the Form of Administrative Licensing to Matters that Need to Remain Subject to Administrative Examination and Approval for the purpose of enhancing the administration of urban construction waste and maintaining city appearance and environmental sanitation.
Article 2 These Provisions are applicable to the disposal of construction waste, including the dumping, transportation, transfer, backfilling, storage for disposal and utilization of construction waste within the designated areas.
For the purpose of these Provisions, "construction waste" shall mean waste earth, unwanted materials or other wastes as are produced in the course of constructing, reconstructing and expanding buildings as well as removing all kinds of buildings, structures and pipelines by construction entities and those entities undertaking constructions or as are produced in the course of house decorating and renovating by citizens.
Article 3 The administrative department in charge of construction under the State Council shall take charge of the administration of urban construction waste throughout the countries.
The administrative department in charge of construction of the provinces and autonomous regions shall take charge of the administration of urban construction waste within their respective administrative regions.
The administrative department in charge of city appearance and environmental sanitation of municipal people's governments shall take charge of the administration of construction waste within their respective administrative regions.
Article 4 The disposal of urban construction waste shall be based on the principles of minimization, maximal recycling, environmentally sound treatment and that producer of construction waste shall be responsible for the disposal thereof.
The State encourages the comprehensive utilization of urban construction waste and encourages the construction entities and entities undertaking constructions to give priority to those products as produced through the comprehensive utilization of urban construction waste.
Article 5 The establishment of the facilities for urban construction waste disposal and comprehensive utilization shall be included into the special program for city appearance and environmental sanitation.
Article 6 The administrative department in charge of city appearance and environmental sanitation of the municipal people's government shall, in accordance with the urban project construction progress, formulate a disposal plan for urban construction waste so as to properly arrange construction waste of all kinds of construction projects that requires backfilling.
Article 7 A construction waste disposal entity shall file an application to the administrative department in charge of city appearance and environmental sanitation of the municipal people's government and may not carry out any disposal until it obtains the approval for urban construction waste disposal.
The administrative department in charge of city appearance and environmental sanitation of the municipal people's government shall, within 20 days as of acceptance of the application, decide on whether or not to approve such application.
......